Rapid Transit Systems Act 1995 · 2020 Revised Edition · Part 2 · Planning and Construction of Rapid Transit Systems
9. Power to enter land for inspection and survey, etc.
Feedback & supportLast amended by an amending law of 2014.
The Authority, or any person acting under its authority, may enter any land or building situated wholly or partly within the railway area or wholly or partly within 150 metres thereof in order to carry out —
any inspection or survey which is reasonably necessary to ascertain the condition of the land or building prior to or during the construction of any 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 Authority 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.
A person must not, for the purposes of subsection (1), enter any land or building which is occupied without giving the owner and the occupier at least 7 days’ notice of the person’s 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 so much of the subterranean space below the surface as is reasonably necessary for the use and enjoyment of the land, 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 Authority 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.
A notice of entry referred to in subsection (2) —
must describe the purpose of the entry and the nature of any work to be carried out; and
is 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 any railway.
construction
“construction”, in relation to a railway, includes —(a)the reconstruction or realignment of the railway;(b)permanently improving the railway or otherwise bringing it to a higher standard,and any associated investigative and engineering studies, but does not include the planning, maintenance and management of the railway;
The decision of the Authority that any work is of a preventive or remedial nature or that such work or any inspection or survey is reasonably necessary is final.
The Authority, or any person acting under its authority, may —
as the occasion requires, enter and reinspect and re‑survey any land or building in respect of which any of the powers contained in subsection (1) have been exercised; and
in relation to that land or building, exercise those powers as often as the occasion requires.
Any person authorised under this section to enter upon any land or building must, if so required by the owner or occupier, produce evidence of the person’s authority before so entering it.
Any person who refuses to give access to, or obstructs, hinders or delays, an agent or employee of the Authority at any time in the exercise of his or her authority shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000.