Common Services Tunnels Bill

any electrical substation, electrical switch room, generator set room or control centre used for the purposes of the common services tunnel; and

any ancillary structure;

any entrance to or exit from the common services tunnel;

any passage, corridor or stairway connecting an entrance to or exit from the common services tunnel;

any ventilation opening, duct or shaft necessary for the operation or functioning of the common services tunnel; and

any supporting physical structure necessary for the operation or functioning of the common services tunnel;

any CST Authority appointed under section 4 to be responsible for the administration of that provision; and

if different CST Authorities are appointed under section 4 for different CST areas, the CST Authority appointed for that CST area;

State land;

common property or open space vested in or under the care, control or management of the Housing and Development Board established under the Housing and Development Act (Cap. 129) or a Town Council established under the Town Councils Act (Cap. 329A); or

any land vested in or under the care, control or management of any other public authority by the operation of written law;

for electricity —

the distribution of electricity through an electricity network;

the transmission of electricity through an electricity network;

the generation of electricity connected to an electricity network; or

the provision by a person to another person of an electricity connection service;

for gas —

the distribution of gas through a gas distribution network;

the transmission of gas through a gas transmission network; or

the provision by a person to another person of a gas connection service;

for water —

the collection or treatment, or both, of water for distribution through a water network;

the provision by a person to another person of a water connection service;

the making of a water network available for the provision of a water connection service;

the distribution of water through a water network; or

the supply of water from a water network by a person to the premises of another person for consumption or use;

for sewerage —

the provision by a person to another person of a sewerage connection service;

the making of a sewerage network available for the provision of a sewerage connection service; or

the provision by a person to another person of a sewerage service;

the provision by a person to another person of a broadcasting service (within the meaning of the Broadcasting Act (Cap. 28)) or a telecommunication service (within the meaning of the Telecommunications Act (Cap. 323));

the provision by a person to another person of the service of draining stormwater or surface water, or of pneumatic refuse removal; or

the provision by a person of such other service prescribed as a utility service for the purposes of this Act;

powerlines, substations and equipment for monitoring, distributing, converting, transforming or controlling electricity;

pipelines, meters or equipment (such as pressure control devices, excess flow valves, actuators, electrical equipment, telemetry equipment and protection installations) used, or for use, in relation to the transmission or distribution of gas;

water storages, mains and treatment plants, pumps, facilities and equipment for distributing water, or monitoring or controlling the distribution of water for supply to premises;

sewerage storages, trunk sewers, mains and treatment plants, pumps, facilities and equipment for conveying sewerage, or monitoring or controlling the conveyance of sewerage.

a reference to the maintenance and repair of a common services tunnel —

means maintaining, repairing or improving the structure of the common services tunnel, and carrying out such other temporary or permanent works as may be necessary, to render the common services tunnel safe, functional and operational; and

includes installing, operating, maintaining, repairing and improving any plant, installation, equipment, machinery, cables, wires, lines, pipes, drains, ducts and other facilities laid, placed, installed or housed within the common services tunnel that are —

utility services infrastructure; or

used, or for use, in relation to the operation and functioning of the common services tunnel itself; and

a reference to the maintenance and repair of an ancillary facility of a common services tunnel —

means maintaining, repairing or improving the structure of the ancillary facility of the common services tunnel, and carrying out such other temporary or permanent works as may be necessary, to render the ancillary facility of the common services tunnel safe, functional and operational; and

includes installing, operating, maintaining, repairing and improving any plant, installation, equipment, machinery, cables, wires, lines, pipes, drains, ducts and other facilities that are necessary —

for the use or functioning of the ancillary facility; or

for the operation and functioning of the common services tunnel itself.

appoint different Common Services Tunnels Authorities to be responsible —

for the whole or any provision of this Act, or for different regulations made under this Act; and

for different common services tunnel areas; and

specify the extent and manner in which the responsibility mentioned in paragraph (a) is to be exercised.

it is the function and duty of the public authority to do so in accordance with that subsection, in addition to such functions and duties imposed on the public authority under any other written law; and

the public authority is deemed to be fulfilling the purposes of the Act constituting that public authority, and the provisions of that Act apply to the public authority in respect of that function and duty.

any public officer; or

any employee of an approved public authority.

define the limits of the common services tunnel area; or

state that a plan of the common services tunnel area may be inspected at a place and within such time as is specified in the notification.

revoke any declaration made under section 6(1); or

modify an area declared as a common services tunnel area under section 6(1).

define the part of the common services tunnel area that is modified; or

provide that a plan of the modification of the common services tunnel area may be inspected at a place and within such time as is specified in the notification.

must either —

define the area that is proposed to be declared as a common services tunnel area or the part of common services tunnel area that is proposed to be modified; or

provide that a plan of the proposed common services tunnel area or of the part of the common services tunnel area proposed to be modified may be inspected at a place and within such time as is specified in the notice; and

must specify the time (not being less than 28 days after the publication of the notice in the Gazette) within which written representations with respect to the intended declaration or modification of the declaration may be made.

to carry out any inspection or survey of the common services tunnel within that area or any ancillary facility of such a common services tunnel; and

to carry out any work and do all things necessary for —

the maintenance and repair of the common services tunnel within that area or any ancillary facility of such a common services tunnel, or both; or

the laying, placing, installing, housing, maintenance and repair of utility services infrastructure within the common services tunnel within that area.

the authorised person is of the opinion that an emergency exists which necessitates immediate entry; or

the entry is required only for the purpose of an inspection or a survey.

must describe the purpose of the entry and the nature of any work to be carried out; and

is, despite section 22, deemed to be given to and received by an owner or occupier of the land if a written notice is affixed to a conspicuous part of the land to be entered.

as the occasion requires and without notice, enter and re‑inspect and re‑survey any land in respect of which any of the powers contained in subsection (1) have been exercised; and

in relation to that land, exercise such powers as often as the occasion may require.

an authorised officer; or

any of the following persons authorised in writing by an authorised officer for the purposes of this section:

a public officer;

an employee of a public authority;

a contractor;

a supplier of utility services which utility services infrastructure are, or are required to be, laid, placed, installed or housed within a common services tunnel;

an employee or agent of a contractor mentioned in sub‑paragraph (iii) or of a supplier of utility services mentioned in sub‑paragraph (iv);

to carry out inspections or surveys of a common services tunnel or any ancillary facility of a common services tunnel;

to carry out work, and do all things necessary, for the maintenance and repair of a common services tunnel or any ancillary facility of a common services tunnel.

erect or place any structure or object across or within any ancillary structure of a common services tunnel that is within a common services tunnel area; or

obstruct or cause an obstruction to any ancillary structure of a common services tunnel that is within a common services tunnel area.

remove the structure, object or obstruction; and

return the ancillary structure of the common services tunnel to its original state and condition.

if the specified person fails to comply with the order under subsection (2); or

if access to or through the ancillary structure of a common services tunnel is required immediately.

where the structure, object or obstruction was removed under subsection (3)(a), from the specified person to whom the order under subsection (2) was served; or

where the structure, object or obstruction was removed under subsection (3)(b), from the owner or occupier of the land from which the structure, object or obstruction was removed.

a person who erected or placed the structure or object, or who obstructs or is causing or caused the obstruction, mentioned in subsection (1);

the owner or occupier of the land within a common services tunnel area on or in which any ancillary structure of a common services tunnel is located;

any other person having the power to remove the structure, object or obstruction mentioned in subsection (1).

to prevent damage by those engineering works to any common services tunnel, or any ancillary facility of the common services tunnel, or both; and

to ensure the safe and efficient operation and functioning of any common services tunnel, or any ancillary facility of the common services tunnel, or both.

immediately stop carrying on those engineering works, either indefinitely or for a period specified in the order;

carry out, within a time specified in the order, such works as the authorised officer thinks necessary to protect the common services tunnel and any ancillary facility of the common services tunnel;

return the common services tunnel, and any ancillary facility of the common services tunnel, to its original state and condition within a time specified in the order.

declared by a CST Authority for the CST area as an area where engineering works may affect the safe and efficient operation and functionality of the common services tunnel or any ancillary facility of the common services tunnel; and

made available to a person seeking to carry out engineering works in the CST area in the prescribed manner;

building works as defined in section 2(1) of the Building Control Act (Cap. 29);

any act of excavating earth, rock or other material (by whatever means) in connection with —

any work for or relating to the construction, reconstruction, extension, renovation, alteration, demolition or repair of any building, structure, road, railway, bridge, viaduct, flyover, drain or sewer;

any work for or relating to the laying, inspecting, repairing or renewing of any main, pipe, cable, fittings or other apparatus; or

any soil investigation work;

any act of boring, dredging, jacking, levelling, piling or tunnelling on or under any land or street by any mechanical means;

the driving or sinking of any earth rod, casing or tube into the ground; and

any storage or placement of large construction equipment, construction materials and stockpiling of earth or heavy objects;

the person who does or causes or permits to be done any of the works mentioned in subsection (1);

the owner or occupier of the land on which the works mentioned in subsection (1) are carried on.

the Government; or

if the common services tunnel is owned by a person other than the Government, that person.

contravenes subsection (1); or

breaches any condition subject to which written approval was granted under subsection (3),shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 and, in the case of a continuing offence, to a further fine not exceeding $1,000 for every day or part of a day during which the offence continues after conviction.

makes any statement purporting to comply with a requirement of an information notice which the person knows to be false or misleading in a material particular; or

recklessly makes such a statement which is false or misleading in a material particular,that person shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000.

an officer, employee or agent of the corporation engaged in that conduct within the scope of his or her actual or apparent authority; and

the officer, employee or agent had that state of mind,is evidence that the corporation had that state of mind.

who is —

an officer of the corporation, or a member of the corporation (in the case where the affairs of the corporation are managed by its members); or

an individual involved in the management of the corporation and in a position to influence the conduct of the corporation in relation to the commission of the offence; and

who —

consented or connived, or conspired with others, to effect the commission of the offence;

is in any other way, whether by act or omission, knowingly concerned in, or is party to, the commission of the offence by the corporation; or

knew or ought reasonably to have known that the offence by the corporation (or an offence of the same type) would be or is being committed, and failed to take all reasonable steps to prevent or stop the commission of that offence,shall be guilty of that same offence as is the corporation, and shall be liable on conviction to be punished accordingly.

Chapters V and VA of the Penal Code (Cap. 224); or

the Evidence Act (Cap. 97) or any other law or practice regarding the admissibility of evidence.

any person purporting to act in any such capacity; and

for a corporation whose affairs are managed by its members, any of those members as if the member were a director of the corporation;

the knowledge, intention, opinion, belief or purpose of the person; and

the person’s reasons for the intention, opinion, belief or purpose.

an employee or agent of the unincorporated association or the partnership engaged in that conduct within the scope of his or her actual or apparent authority; and

the employee or agent had that state of mind,is evidence that the unincorporated association or partnership had that state of mind.

who is —

an officer of the unincorporated association or a member of its governing body;

a partner in the partnership; or

an individual involved in the management of the unincorporated association or the partnership and in a position to influence the conduct of that unincorporated association or that partnership (as the case may be) in relation to the commission of the offence; and

who —

consented or connived, or conspired with others, to effect the commission of the offence;

is in any other way, whether by act or omission, knowingly concerned in, or is party to, the commission of the offence by the unincorporated association or partnership; or

knew or ought reasonably to have known that the offence by the unincorporated association or the partnership (or an offence of the same type) would be or is being committed, and failed to take all reasonable steps to prevent or stop the commission of that offence,shall be guilty of the same offence as is that unincorporated association or that partnership, and shall be liable on conviction to be punished accordingly.

Chapters V and VA of the Penal Code (Cap. 224); or

the Evidence Act (Cap. 97) or any other law or practice regarding the admissibility of evidence.

any person holding a position analogous to that of president, secretary or member of a committee of the unincorporated association; and

any person purporting to act in any such capacity;

the knowledge, intention, opinion, belief or purpose of the person; and

the person’s reasons for the intention, opinion, belief or purpose.

one half of the amount of the maximum fine that is prescribed for the offence;

$5,000.

the refusal to give written approval under section 10(1), 12(1) or 13(1);

an order under section 10(2), 11(2) or 12(5);

the imposition of any condition of written approval under section 12(2) or 13(3).

the Second Minister, if any, for his or her Ministry;

any Minister of State, including a Senior Minister of State, for his or her Ministry;

any Parliamentary Secretary, including a Senior Parliamentary Secretary, to his or her Ministry.

by giving it to the individual personally;

by sending it by prepaid registered post to the address specified by the individual for the service of documents or, if no address is so specified, to the individual’s residential address or business address;

by leaving it at the individual’s residential address with an adult apparently resident there, or at the individual’s business address with an adult apparently employed there;

by affixing a copy of the document in a conspicuous place at the individual’s residential address or business address;

by sending it by fax to the fax number last known to the person giving or serving the document as the fax number for the service of documents on the individual; or

by sending it by email to the individual’s last email address.

by giving it to any partner or other like officer of the partnership;

by leaving it at, or by sending it by prepaid registered post to, the partnership’s business address;

by sending it by fax to the fax number used at the partnership’s business address; or

by sending it by email to the partnership’s last email address.

by giving it to the secretary or other like officer of the body corporate or unincorporated association, or the limited liability partnership’s manager;

by leaving it at, or by sending it by prepaid registered post to, the body corporate’s or unincorporated association’s registered office or principal office in Singapore;

by sending it by fax to the fax number used at the body corporate’s or unincorporated association’s registered office or principal office in Singapore; or

by sending it by email to the body corporate’s or unincorporated association’s last email address.

if the document is sent by fax and a notification of successful transmission is received, on the day of transmission;

if the document is sent by email, at the time that the email becomes capable of being retrieved by the person; and

if the document is sent by prepaid registered post, 2 days after the day the document was posted (even if it is returned undelivered).

in the case of an individual, the individual’s usual or last known place of business in Singapore; or

in the case of a partnership (other than a limited liability partnership), the partnership’s principal or last known place of business in Singapore;

the last email address given by the addressee concerned to the person giving or serving the document as the email address for the service of documents under this Act; or

the last email address of the addressee concerned known to the person giving or serving the document;

the procedure for appeals under this Act;

the fees and charges to be paid in respect of approvals and applications for approval under this Act, and otherwise in connection with the administration of this Act, and the waiver, reduction and refund of such fees and charges.

may be of general or specific application; and

may provide that any contravention of any provision of the regulations shall be an offence punishable with a fine not exceeding $5,000 or with imprisonment for a term not exceeding 6 months or with both.