Rapid Transit Systems Act · 1988 Revised Edition · Part V · Further Rights and Powers of Corporation for Purposes of Construction and Operation of Mass Rapid Transit System
39. Power to enter land for inspection and survey, etc.
Feedback & supportThe Corporation, or any person acting under the authority of the Corporation, may enter any land or building situate wholly or partly within the railway area or wholly or partly within 150 metres thereof in order to carry out —
Corporation
“Corporation” means the Mass Rapid Transit Corporation established under section 3;
any inspection or survey which is reasonably necessary to ascertain the condition of such land or building prior to or during the construction of the railway and to carry out all reasonably necessary work of a preventive or remedial nature; and
any inspection or maintenance of the railway which has been laid by the Corporation on, under or over the land or building and to carry out any work and do all things necessary for the purpose of maintaining the railway causing as little damage as possible and paying compensation to any person affected for any damage that may be caused.
No person shall, for the purposes of subsection (1), enter any land or building which is occupied without giving to the owner and the occupier at least 7 days’ notice of his intention to do so unless —
land
“land” includes and may, where the context so requires, have any one or more of the following meanings separately:(a)land of any tenure and so much of the airspace above the surface as may be reasonably used or enjoyed by any owner thereof, and all substances under the surface, whether or not held apart from the surface;(b)the whole or part of any building or other erection or fixture on land;(c)where an undivided share of a leasehold interest in land has appurtenant to it rights to the exclusive use and occupation of a building or part thereof on such land, such share in the land and all rights appurtenant thereto;(d)any other estate, right, share or interest in land;
the Corporation 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 survey.
A notice of entry referred to in subsection (2) shall —
describe the purpose of the entry and the nature of any work to be carried out; and
be deemed to be given to and received by an owner or occupier if a written notice is affixed to a conspicuous part of the land or building to be entered.
In subsection (1), “work of a preventive or remedial nature” means the underpinning or strengthening of any land or building and other work thereon intended to render it reasonably safe or to repair or detect damage caused in the course of the construction or operation of the railway.
railway
“railway” means the railway, tunnels, viaducts, bridges, crossings, stabling yards, depots, stations and other infrastructures constructed or intended to be constructed for the Mass Rapid Transit System and any extensions thereto;
The decision of the Corporation that any work is of a preventive or remedial nature or that such work or any inspection or survey is reasonably necessary shall be final.
The Corporation, or any person acting under the authority of the Corporation, may as the occasion requires enter and reinspect and resurvey any land or building in respect of which any of the powers contained in subsection (1) have been exercised and may in relation to that land or building exercise such powers as often as the occasion may require.
Any person authorised under this section to enter upon any land or building shall, if so required by the owner or occupier, produce evidence of his authority before so entering it.
Any person who unlawfully obstructs an agent or employee of the Corporation at any time in the exercise of his authority shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000.[32