Cross-Border Railways Act 2018 · 2020 Revised Edition · Part 3 · Concessionaire for Railway Infrastructure
19. Transfer or termination of concession agreement
Feedback & supportA concession agreement, and any right, benefit or privilege of a concessionaire under a concession agreement, may be transferred or assigned to another person only if —
concession agreement
“concession agreement” means an agreement entered into between the Government and a person (called in this Act the concessionaire) in return for the undertaking of such obligations by the person as may be specified in the agreement with respect to the design, construction, maintenance, operation or improvement of a cross‑border railway, and includes a concession agreement as varied or supplemented from time to time;
the concession agreement contains a condition authorising the transfer or assignment; and
the Minister consents in writing to the transfer or assignment.
Any consent under subsection (1) may be given subject to compliance with such conditions as the Minister thinks fit to impose, which may include modifying, or requiring or otherwise providing for the making of modifications to, the terms of the concession agreement.
A transfer or an assignment, or a purported transfer or assignment, of a concession agreement, or of any right, benefit or privilege of a concessionaire under the concession agreement, is void and of no effect —
concessionaire
“concessionaire” means the person who is a party to the concession agreement, and includes the person for the time being entitled to exercise those rights because of an assignment or transfer of the agreement to that person;
if the concession agreement, or right, benefit or privilege under the concession agreement, is not capable of transfer or assignment;
if the transfer or assignment, or purported transfer or assignment, is in breach of a condition of the concession agreement; or
if there has been, before the transfer or assignment or purported transfer or assignment, a contravention of a condition subject to compliance with which the consent required by subsection (1) is given.
If financial assistance has been provided under section 17 to the concessionaire for the purpose of constructing, maintaining, operating and improving the railway infrastructure of a cross‑border railway, then upon the termination of the concession agreement by the effluxion of time or otherwise, there is transferred to a prescribed transferee by virtue of this section, without the need for any further conveyance, transfer, assignment or assurance, all such property, rights and liabilities of the concessionaire as in accordance with the concession agreement that fall to be so transferred in the circumstances.
railway infrastructure
“railway infrastructure”, in relation to a cross‑border railway, means any of the following buildings or structures within Singapore that is used or intended to be used for the cross‑border railway, but not including any railway asset in or on the building or structure:(a)a train station;(b)a railway tunnel;(c)a viaduct;(d)a bridge;(e)a railway yard;(f)a maintenance facility for trains and maintenance or engineering vehicles used for or in connection with the railway;(g)any other building or structure prescribed as railway infrastructure for that cross‑border railway;
In subsection (4), “prescribed transferee” means the LTA or a nominee of the LTA.
LTA
“LTA” means the Land Transport Authority of Singapore established under the Land Transport Authority of Singapore Act 1995;