Suggest a correction

In the MPA Act, before Part 12A, insert —“PART 12AAPOWERS FOR PORT DEVELOPMENTDivision 1 — Installation and use of facilities by licenseeDirection to allow licensee to install and use facilities85L.—

Subject to subsection (2), the Authority may give a direction to a person (P) described in the first column of the following table to allow a licensee granted a licence under Part 12 (L) to carry out any activity listed opposite the description of P in relation to any regulated service that L is licensed to provide:First columnSecond columnPerson to whom direction may be given (P)The direction which may be given1.P owns or occupies any premises in which any related marine facility is located(a)To allow L to install and use any equipment, apparatus, appliance, installation or facility in the premises;

To allow L to use any equipment, apparatus, appliance, installation or facility in the premises;

To allow L to use any gas, electricity, water, telecommunication, sewerage or drainage services supplied to P2.P owns or provides any related marine facility(a)To allow L to use that related marine facility3.P owns any computer system (including any computer server or network equipment) or telecommunication system that is located in any premises mentioned in item 1(a)To allow L to use that computer system or telecommunication system(2) The Authority may make a direction under subsection (1) only if it considers that the direction is necessary —

in the public interest; or

to ensure the provision of regulated services in a safe, reliable, efficient, environmentally sustainable or economical manner in Singapore.

To be clear, the Authority may —

issue directions under subsection (1) to more than one P at any one time, in relation to the same L; and

issue directions to P whether or not P is a licensee.

Where a direction under subsection (1) requiring P to allow L to carry out any activity specified in the direction has been served on P and L —

P must comply with the direction and allow L to enter the premises or facility (as the case may be) to which the direction relates to carry out the activity;

P must not do, or cause or allow to be done, anything that may prevent L from carrying out the activity; and

P and L must (within the agreement period for the direction) enter into an agreement —

granting L a wayleave or easement to carry out the activity and maintenance works on any equipment, apparatus, appliance, installation or facility installed by L (if relevant); and

for reasonable compensation to P for any loss suffered as a result of the installation or use by L.

The Authority may, upon the request of P or L, grant one or more extensions of the agreement period.

Despite subsection (4), P need not comply with the direction under subsection (1) if P appeals under section 85Y against the direction, for so long as the appeal is pending.

Subject to subsection (6), a person who contravenes a requirement in subsection (4) shall be guilty of an offence and shall be liable on conviction —

if the person is an individual — to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 6 months or to both and, in the case of a continuing offence, to a further fine not exceeding $250 for every day or part of a day during which the offence continues after conviction; and (b)if the person is not an individual — to a fine not exceeding $500,000 and, in the case of a continuing offence, to a further fine not exceeding $5,000 for every day or part of a day during which the offence continues after conviction.

In this section —“agreement period”, in relation to a direction under subsection (1), means the period for compliance with subsection (4)(c) specified in the direction or the extended period granted under subsection (5), if any;“broadcasting service” means a service whereby signs or signals transmitted (whether or not encrypted) comprise —

any programme capable of being received, or received and displayed, as visual images, whether moving or still;

any sound programme for reception; or

any programme, being a combination of both visual image (whether moving or still) and sound for reception, or reception and display,by persons having equipment appropriate for receiving or receiving and displaying (as the case may be) that service, irrespective of the means of delivery of that service;“computer system” means an arrangement of interconnected computers that is designed to perform one or more specific functions, and includes —

a virtual computer system;

an information technology system; and

an operational technology system such as an industrial control system, a programmable logic controller, a supervisory control and data acquisition system, or a distributed control system;“related marine facility” means —

a marine facility that is used in connection with the conduct of any regulated service; or

a marine facility the provision of which is a regulated service;“telecommunication system” means any system used or intended to be used for telecommunications, including (to be clear) any such system capable of being used for the operation of any broadcasting service;“telecommunications” means a transmission, emission or reception of signs, signals, writing, images, sounds or intelligence of any nature by wire, radio, optical or other electromagnetic systems whether or not such signs, signals, writing, images, sounds or intelligence have been subjected to re‑arrangement, computation or other processes by any means in the course of their transmission, emission or reception.Cessation of agreement under section 85L85M.—

An agreement under section 85L ceases to be binding on P and L upon —

the determination of the agreement upon the expiry of the period specified in the agreement;

the termination of the agreement pursuant to a term contained in the agreement, or any written law or rule of law; or

despite anything in the agreement, P ceasing, after the agreement is entered into, to —

own or occupy the premises covered by the agreement; or

own the equipment, apparatus, appliance, installation or facility that is covered by the agreement.

Upon the agreement ceasing to be binding on P and L, a notice to remove L’s equipment, apparatus, appliance, installation or facility, covered by the agreement, may be given to L —

where subsection (1)(a), (b) or (c)(ii) applies — by P; or

where subsection (1)(c)(i) applies — by the person who is the owner or occupier of the premises following the change in the ownership or occupation.

The notice must give L at least the period prescribed by regulations to effect the removal.

L may, during the period given in the notice to remove, apply to the Authority —

where L is of the view that the period given to it (including where the period is the prescribed period mentioned in subsection (3)) is insufficient for it to effect the removal — for an extension of the period; or

for another direction under section 85L.

Where L has made an application under subsection (4), L need not comply with the notice to remove pending the Authority’s decision on the application.

Where the Authority refuses to grant the application under subsection (4), then, unless the person withdraws the notice, L must comply with the notice to remove before the end of the latest of the following periods:

the period in the notice to remove;

for an application under subsection (4)(b), the period prescribed by regulations after the date of the Authority’s refusal to grant the direction requested;

the period specified (if any) in the notice of the Authority’s refusal.

Despite subsection (6), L need not comply with the notice to remove if L appeals under section 85Y against a decision of the Authority mentioned in that subsection, for so long as the appeal is pending.

Where the decision on appeal confirms the decision of the Authority, L must comply with the notice to remove before the end of the later of the following periods:

for an application under subsection (4)(b), the period prescribed by regulations after the date of the decision on appeal;

the period specified (if any) in the decision on appeal.

Where, pursuant to section 85L, L has at any premises installed any equipment, apparatus, appliance, installation or facility, each of these —

continues to remain the property of L and is deemed not to be a fixture, and does not vest in the owner of the premises; and

is not to be subject to distress or be liable to be taken under or pursuant to an enforcement order of any court or any proceedings in bankruptcy against the person in whose possession it is.Division 2 — Installation of essential port infrastructure by Authority on licensee’s premises Interpretation of Division 2 of Part 12AA85N. In this Division —“essential port infrastructure” means any infrastructure, installation, facility, pipe, cable, plumbing station, charging station, fitting, apparatus or appliance (and to be clear, includes any infrastructure for the generation or storage of energy) that is requisite or expedient for any of the following purposes:

for the operations of a port;

for the provision of adequate and satisfactory marine services in a port;

for, or to support, the provision of sea transport;“owner”, in relation to any premises, means —

a person who has the fee simple estate in the premises;

a person who is the grantee or lessee under a State title for the premises;

a person who has become entitled to exercise a power of sale of the premises; or

a person in occupation of the premises under a tenancy the term of which exceeds 7 years;“parcel of land” means the whole area of land that —

is the subject of a separate certificate of title registered under the Land Titles Act 1993; or

is a lot in a lawful division of land and capable of being separately held by any owner,and where a single building is erected on 2 or more such adjoining lands or lots mentioned in paragraph (a) or (b), includes the area comprised in those lands or lots, as the case may be.Circumstances for exercise of section 85P powers85O. The Authority may exercise the power in section 85P in respect of any premises only if the premises —

are owned or occupied by a licensee who is granted a licence under Part 12; and

are required by the Authority for the construction, installation, alteration or replacement of any essential port infrastructure.Power to enter licensee’s premises to install, etc., essential port infrastructure85P.—

The Authority may, for the purposes of carrying out the Authority’s functions and duties by its employees, agents or contractors, enter any premises at all reasonable hours in the day or night, or at any other time that may be agreed with the owner or occupier of the premises, for all or any of the following purposes:

to lay, construct or install under, over, in, on or through the premises, any essential port infrastructure;

to inspect, maintain, adjust, repair or alter any essential port infrastructure mentioned in paragraph (a);

to carry out any works requisite for, or incidental to, the purposes of any works falling within paragraph (a) or (b).

Except as provided under this Part, the Authority is not liable to pay any person any fee, charge or expense on account of any entry to any premises or of anything done to the premises under this section. (3) However, the Authority must not enter any premises for the purposes specified in subsection (1) unless the Authority has given at least 14 days’ written notice of its intention to enter to every owner or occupier of the premises.

A notice under subsection (3) must —

state the estimated period (if any) during which the Authority intends to temporarily occupy or take possession of the premises;

give a brief description of the works (if any) which are to be carried out in or on the premises;

describe the area or extent of the land and the subterranean space needed for the carrying out of the works mentioned in paragraph (b); and

state that the owner or occupier of the premises may serve on the Authority a claim of compensation for the items of loss, damage or cost set out in the first column of the Fifth Schedule to the extent of the loss, damage or cost suffered or incurred by the owner or occupier of the premises.

The Authority may serve a written notice on the owner or supplier of any gas, electricity, water or telecommunication services —

to alter the course or position of any wire, line, cable, pipe, tube, casing, duct, post, structure or other apparatus which belongs to that owner or supplier or is maintained by that owner or supplier if, in the opinion of the Authority, such alteration is required for any of the purposes specified in subsection (1); and

to repair any premises thereby disturbed,and where any approval of a statutory authority is required for that alteration, to do so in accordance with that approval.

The Authority may give written notice to the owner or occupier of any premises requiring the owner or occupier to remove any object or structure described in the notice which is erected on or attached to, or projects from, the premises if, in the opinion of the Authority, the removal of the object or structure is required for any of the purposes specified in subsection (1).

Any costs and expenses reasonably incurred by the owner, supplier or occupier in complying with any notice under subsection (5) or (6) must be borne by the Authority if the claim for the costs and expenses is made to the Authority within one year from the date that the notice is complied with.

The ownership of anything is not altered by reason only that it is placed in, under, over or affixed to any premises in exercise of a right conferred upon the Authority by this section.

A person authorised under this section to enter upon any premises must, if so required by the owner or occupier, produce evidence of the person’s authority before entering the premises.

A person who refuses to give access to, or obstructs, hinders or delays, an agent, employee or contractor of the Authority, at any time in the exercise of his or her authority under this section, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000.Compensation for owner or occupier of premises85Q.—

Subject to sections 85R and 85S, every owner or occupier of premises of which temporary possession is taken under section 85P is entitled to claim compensation for the items of loss, damage or cost set out in the first column of the Fifth Schedule to the extent of the loss, damage or cost suffered or incurred by the owner or occupier, as the case may be.

A claim for compensation for an item of loss, damage or cost set out in the first column of the Fifth Schedule is to be assessed by the Authority —

on the basis of the matters specified opposite in the second column of that Schedule; and

by not taking into consideration any of the matters specified in subsection (3).

No account is to be taken of the following in the assessment of any claim for compensation by any owner or occupier of premises of which temporary possession is taken under section 85P:

the financial loss resulting from the interruption of or interference with any trade or business carried on at the premises;

any increase or decrease in the value of the premises to which the compensation relates which is attributable to the purpose for which the premises are occupied and used;

any building, object or structure within those premises which was erected and maintained in contravention of any written law in force on the date of the written notice under section 85P(3) relating to those premises;

any building or part of a building within those premises which has been constructed or modified or on which building works have been carried out so as to amount to a contravention of the Building Control Act 1989 within the meaning of that Act.

On receiving a claim for compensation from any owner or occupier of premises of which temporary possession is taken under section 85P, the Authority must inquire into that claim and must, within a reasonable time, pay to the owner or occupier (as the case may be) compensation for such loss, damage or cost arising from the exercise of the powers under that section as is determined in accordance with this section.

To be clear, nothing in this section prevents the Authority from restoring premises of which temporary possession is taken under section 85P to the reasonable satisfaction of the owner or occupier of the premises before returning those premises to the owner or occupier, in lieu of compensation for any item of loss, damage or cost set out in the first column of the Fifth Schedule.Time for, and manner of, claiming for compensation 85R.—

Every claim for compensation under this Part must be in writing.

Subject to subsection (4), if a claim for compensation for an item of loss, damage or cost set out in the first column of the Fifth Schedule is not served on the Authority before the expiry of the relevant period specified in subsection (3) for that item, the right to claim compensation for that item is barred and any late claim may be disregarded.

The period within which a claim for compensation for an item of loss, damage or cost set out in the first column of the Fifth Schedule must be served on the Authority is as follows:

for a claim for loss due to displacement of any person in lawful occupation of the premises on the date of the written notice under section 85P(3) — 2 years starting from the date of that notice;

for a claim for structural damage to any building resulting from the occupation and use of the premises under section 85P(1) — 6 years starting from the date those premises are returned;

for a claim for other damage to any premises — 6 years starting from the date those premises are returned;

for a claim for removal of any object or structure which was erected and maintained without contravention of any written law — one year from the date of removal, or the date of reinstatement or replacement, whichever is applicable.

The Authority may extend the period specified in subsection (3) within which a claim must be served upon it if an application for the extension is made to the Authority, either before or after the expiry of that period, and the Authority considers —

that the delay in serving the claim was occasioned by mistake of fact or mistake of any matter of law (other than this Act) or by any other reasonable cause; or

that the Authority is not materially prejudiced by the delay.

An extension may be granted by the Authority under subsection (4) with or without conditions, and for such period as the Authority thinks fit, but in no case exceeding 6 years from the time when the right to compensation first arose.Disqualification as to certain compensation85S. If an owner of any premises of which temporary possession is or has been taken in accordance with section 85P gives to the Authority any notice under section 85U(1) in relation to those premises within the claim period referred to in section 85V(2)(d), the owner is entitled to claim only for loss due to displacement of any person in lawful occupation of the premises on the date of the written notice under section 85P(3) and no other item in the Fifth Schedule.Bar to other proceedings85T. Except as provided in this Part, no action, claim or other proceeding shall lie against the Authority or any employee, agent or contractor of the Authority —

to restrain the doing of anything which is authorised by or under section 85P, or to compel the doing of anything which may be omitted to be done under that section; or

to recover damages, compensation or costs for —

damage or disturbance to or loss of or in the value of any land, chattel, trade or business;

personal disturbance or inconvenience;

extinguishment, modification or restriction of rights; or

effecting or complying with any requirement or condition imposed by the Authority or its employee, agent or contractor,which is authorised by or under section 85P, or arises from any act or omission so authorised.Owners who suffer substantial impairment in rights in premises may require premises to be acquired by Government85U.—

The owner of any premises of which temporary possession is or has been taken in accordance with section 85P may, by written notice given to the Authority, request the Government to acquire under the Land Acquisition Act 1966 —

the premises; and

any other premises of the owner related to the premises in paragraph (a),if the owner considers that the owner suffers substantial impairment of the owner’s rights in the premises in paragraphs (a) and (b) because of the taking of that temporary possession.

If there is more than one owner of the premises concerned, the notice under this section must be given by all the owners.

Any notice under this section is irrevocable once given to the Authority.

For the purposes of this section and section 85V, premises (called premises A) are related to other premises temporary possession of which is or has been taken in accordance with section 85P (called in this section and section 85V the temporarily occupied premises) if premises A are the remainder of a parcel of land part of which are the temporarily occupied premises.Owner-initiated acquisition 85V.—

Upon the Authority receiving a written notice under section 85U(1) in relation to any temporarily occupied premises, and any other premises related to the temporarily occupied premises, the President is to proceed under the Land Acquisition Act 1966 to acquire those premises as if those premises were the subject of a notice under section 49 of that Act.

The provisions of sections 49 and 49A of the Land Acquisition Act 1966 apply (so far as relevant) to any premises that are the subject of a notice under section 85U with the following exceptions, modifications and adaptations:

any reference in those sections to any land that is the subject of a notice under section 49(1) of the Land Acquisition Act 1966 must be read as a reference to the premises that are the subject of a notice under section 85U;

any reference in those sections to land temporary possession of which is or has been taken under section 42 of the Land Acquisition Act 1966 must be read as a reference to any temporarily occupied premises mentioned in section 85U(4);

any reference in those sections to an owner of land must be read as a reference to an owner of premises mentioned in section 85U;

any reference in section 49A of the Land Acquisition Act 1966 to a claim period for any land temporary possession of which is or has been taken in accordance with a direction under section 42 of that Act must be read as a reference to one year starting from either of the following dates:

the effective date of the notice under section 85P(3) relating to the premises;

the date of the expiry of the period of temporary possession of those premises stated in the notice under section 85P(3), or the date the premises are returned to the owner if earlier;

any other exceptions, modifications and adaptations that the differences between them necessarily require.

All compensation for the acquisition under the Land Acquisition Act 1966 of any land that is the subject of a written notice under section 85U is to be paid out of the funds of the Authority.Compensation, damages, etc., to be determined by Magistrate’s Court or District Court85W.—

Except as otherwise provided, in all cases where compensation, damages, fees, costs or expenses are provided under this Part to be paid, the amount and (if necessary) the apportionment of the amount and any question of liability are, in case of dispute, or failure to pay, to be summarily ascertained and determined by a Magistrate’s Court or, if the amount claimed exceeds the Magistrate’s Court limit, by a District Court.

In any proceeding under subsection (1), the Magistrate’s Court or District Court may —

inquire whether those expenses ought to be borne wholly or in part by some person other than the defendant in the proceedings; and

make any order concerning the expenses or their apportionment that appears to the Court to be just.

A Magistrate’s Court or District Court is not to order the expenses or any part of the expenses to be borne by any person other than the defendant in the proceedings unless the Court is satisfied that the other person has had due notice of the proceedings and an opportunity of being heard.

If the amount of compensation, damages, fees, costs or expenses is not paid by the party liable to pay it within 7 days after demand, that amount may be reported to a Magistrate’s Court or District Court and recovered in the same way as if it were a fine imposed by a Magistrate’s Court or District Court, as the case may be.

An appeal lies to the General Division of the High Court from any decision of a Magistrate’s Court or District Court under this section, and the provisions of the Criminal Procedure Code 2010 apply, with the necessary modifications, to all such appeals.Division 3 — Order creating rights on licensee’s land in connection with essential port infrastructureCreation of rights in, under or over land85X.—

The Authority may, by order in the Gazette, declare the creation of a right under this section, for the Authority, as from the date of publication of the order, to —

enter upon such essential port infrastructure land described in the order (not being State land or land belonging to the Authority); and (b)exercise such permanent rights in, under or over such land or such rights of temporary occupation of the land as may be specified in the order.

Any right mentioned in an order under subsection (1) is limited to such rights and powers as are necessary or convenient for the purposes of and incidental to constructing, maintaining, operating and improving the essential port infrastructure specified in the order.

Subject to this section, the Authority may, by order in the Gazette, declare that land (called access land) within any essential port infrastructure land described in the order, is set aside for use by members of the public for the purposes of accessing or using the essential port infrastructure specified in the order, but without derogating from any right of passage conferred by common law.

An order made under this section attaches to the land and is binding on all persons who from time to time have an interest in the land.

An order made under this section must —

be made by the Authority;

describe the right in, under or over land, the right of temporary occupation or the public’s right of passage (as the case may be), and the area of land subject to such right; and

state the particulars of the places and times at which a copy of a plan of the area of land subject to such right may be inspected.

In addition, an order made under subsection (3) may —

provide for periods during which the access land is closed; and

include terms and conditions as to the use and management of the access land.

An order made under this section may be amended at any time.

In this section —“essential port infrastructure” means any infrastructure, installation, facility, pipe, cable, plumbing station, charging station, fitting, apparatus or appliance laid, constructed or installed under, over, in, on or through any land, pursuant to section 85P;“essential port infrastructure land” means any land —

that satisfies the circumstances mentioned in section 85O; and

on which any essential port infrastructure is laid, constructed or installed pursuant to section 85P.Division 4 — Appeals in respect of section 85L or 85M decisionRequest to establish Appeal Panel and decision on appeal85Y.—

A person who is —

aggrieved by the Authority’s direction under section 85L(1) or refusal of an application under section 85M(6); or

required to enter into an agreement with another person under section 85L(4)(c) but is unable to agree on any of the terms of the agreement with the other person,may, within the time specified in subsection (2), notify the Minister that the person wishes to make an appeal, providing adequate details of the grounds for the appeal and requesting the Minister to establish an Appeal Panel to consider and determine the appeal.

An appeal in relation to a direction or refusal of the Authority mentioned in subsection (1)(a) must be notified within 14 days after the receipt of a notification from the Authority of the direction or refusal.

When requested to establish an Appeal Panel, the Minister must, unless the request is in the Minister’s opinion of a frivolous, trivial or vexatious nature, establish an Appeal Panel within 30 days after the request to consider and determine the appeal in question.

After considering an appeal mentioned in the first column of the following table, the Appeal Panel must decide the appeal by making the decision mentioned opposite in the second column of that table:First columnSecond columnType of appealDecision1.An appeal against the Authority’s direction under section 85L(1) or refusal of application under section 85M(6)(a)Dismiss the appeal and confirm the direction or refusal appealed against; or

Allow the appeal and substitute or vary the direction or refusal appealed against2.An appeal to determine the reasonable terms for any matter relating to an agreement between P and L, in accordance with a requirement under section 85L(4)(a)Determine the reasonable terms of the agreement; and

Determine the date on which P and L are treated as having entered into an agreement comprising —

the terms agreed between P and L (if any); and

the reasonable terms determined by the Appeal Panel(5) Where the Appeal Panel determines an appeal mentioned in item 2 of the table in subsection (4), P and L are treated as having entered into an agreement with each other from the date determined by the Appeal Panel.

To be clear, nothing in subsection (5) prevents P and L from varying or terminating the agreement treated as entered into under that subsection.

In this section, “P” and “L” have the meanings given by section 85L.Composition and procedure of Appeal Panel85Z.—

An Appeal Panel established by the Minister is to consist of at least 3 persons, one of whom must be appointed by the Minister to be the chairperson of the Appeal Panel.

The Minister may, in establishing an Appeal Panel, provide for —

the terms and conditions of the membership of the Appeal Panel as the Minister considers appropriate;

the procedure to be adopted by the Appeal Panel in considering any matter referred to it; and

any other matters which the Minister considers incidental or expedient for the proper and efficient conduct of an appeal by the Appeal Panel.

The Minister is to determine the remuneration and allowances (if any) of a member of an Appeal Panel. (4) The remuneration and allowances of a member of an Appeal Panel must be borne equally by the person concerned and the licensee, or in any other proportion between the person concerned and the licensee that the Appeal Panel may specify.

An Appeal Panel must be independent in the performance of its functions.Powers of Appeal Panel85ZA.—

An Appeal Panel must, by written notice to the person concerned and the licensee, specify the date on and the place at which the appeal is to be heard.

An Appeal Panel has all the powers and duties of the Authority that are necessary to carry out the Appeal Panel’s functions and duties under this Act.

An Appeal Panel has the powers, rights and privileges vested in a District Court on the hearing of an action, including —

the enforcement of the attendance of witnesses and their examination on oath or otherwise;

the compelling of the production of documents; and

the award of costs and expenses of and incidental to any proceedings before the Appeal Panel.

A summons signed by any member of the Appeal Panel as may be authorised by the Appeal Panel is equivalent to any formal procedure capable of being issued in an action for enforcing the attendance of witnesses and compelling the production of documents.

If a person being duly summoned to attend before an Appeal Panel does not so attend, that person commits an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both.

A witness before an Appeal Panel is entitled to the same immunities and privileges as if he or she were a witness before a District Court.

All appeals under section 85Y are to be determined, having regard to the nature and complexity of the appeal, as soon as reasonably practicable.

The Appeal Panel must —

if the decision relates to an appeal mentioned in section 85Y(1)(a) — notify the person who made the appeal of its decision; or

if the decision relates to an appeal mentioned in section 85Y(1)(b) — notify the person concerned and the licensee of its decision in respect of the terms of the agreement required to be determined by it, and the reasons for its decision.”.