Singapore Land Authority Bill

land lawfully granted, or contracted to be granted, in fees simple or in estate in perpetuity by or on behalf of the Government;

land subject to any agreement, lease or licence lawfully granted by or on behalf of the Government; and

land dedicated as national parks or nature reserves,and includes any land which, having been granted or held under any agreement, lease or licence, has been lawfully surrendered or resumed or compulsorily acquired, and any land which, having been lawfully held by any person for any estate or interest, has been or are lawfully forfeited to, or by any means have reverted or revert to the Government;“State title” includes any grant in fee simple or estate in perpetuity, any State lease (of whatever tenure) and any temporary occupation licence.

grants made under section 19;

all moneys paid to the Authority by way of grants, subsidies, donations, gifts and contributions;

all fees, charges, fines and composition sums payable to the funds of the Authority under any written law;

all moneys received by the Authority by way of charges and fees for services rendered by the Authority to any person, including any collection agency fee;

all moneys derived from the disposal, lease or hire of, or any other dealing with any property vested in or acquired by the Authority;

all accumulations of income derived from any such property or money, including any gains made on the sale of any investment of such money, and interest or gains thereon;

all moneys borrowed by the Authority under this Act; and

all other moneys and property lawfully received by the Authority for the purposes of the Authority.

the remuneration, fees and allowances of the members of the Authority;

the salaries, fees, remuneration, pensions, superannuation allowances and gratuities of the officers, agents, employees, advisers and former employees of the Authority;

working and establishment expenses and expenditure on, or provision for, the maintenance of any of the property of the Authority, and the discharge of the functions of the Authority properly chargeable to revenue account;

expenses incurred or incidental to the investment or management of the moneys or properties of the Authority;

interest on any loan raised by the Authority;

sums required to be transferred to a sinking fund or otherwise set aside for the purpose of making provision for the repayment of borrowed money;

such sums as may be deemed appropriate to set aside in respect of depreciation or renewal of the property of the Authority, having regard to the amount set aside out of revenue under paragraphs (c) and (f);

the cost, or any portion thereof, of any new works, plant, vessels or appliances not being a renewal of the property of the Authority, which the Authority may determine to charge to revenue;

such sums by way of contribution, for the purposes associated with the objects of this Act as the Authority may determine, to the public or for charities; and

any other expenditure authorised by the Authority and properly chargeable to revenue account.

invest its funds in such manner as it thinks fit; and

engage in any financial activity or participate in any financial arrangement for the purpose of managing or hedging against any financial risk that arises or is likely to arise from such investment.

mortgage, overdraft or otherwise;

charge, whether legal or equitable, on any property vested in the Authority or on any other revenue receivable by the Authority under this Act or any other written law; or

the creation and issue of debentures or bonds.

suing and being sued;

acquiring, owning, holding and developing or disposing of property, both movable and immovable; and

doing and suffering all such other acts or things as a body corporate may lawfully do or suffer.

to the assurance fund under section 151 of the Land Titles Act (Cap. 157);

to the Government departments formerly known as —

the Singapore Land Registry (including the Land Dealings (Approval) Unit);

the Land Office;

the Survey Department; and

the Land Systems Support Unit; or

to any other person transferred to the service of the Authority under section 23,shall continue in force on and after that day and shall be enforceable by or against the Authority as if the Authority had been named therein or had been a party thereto instead of the Government.

The Chairman, Deputy Chairman and other members of the Authority shall be appointed by the Minister from among persons who appear to the Minister to be qualified for appointment because of his knowledge of or experience in one or more of the following fields:

public administration;

commerce;

economics;

law;

survey;

real estate development;

consumer affairs;

town planning.(2) The Minister may appoint the Chief Executive and any other public officer to be a member of the Authority.Tenure of office of members of Authority

if he becomes in any manner disqualified from membership of the Authority;

if he, without sufficient cause (the sufficiency thereof to be decided by the Authority), fails to attend 3 consecutive meetings of the Authority;

if he resigns from his office; or

on his death.Filling of vacancies

is incapacitated by physical or mental illness;

is an undischarged bankrupt or has made any arrangement or composition with his creditors;

is convicted of an offence involving dishonesty, fraud or moral turpitude and has not received a free pardon;

has been sentenced to imprisonment for a term of 6 months or more and has not received a free pardon; or

is otherwise unable or unfit to discharge the functions of a member.Disclosure of interest by members12.—

Subject to sub-paragraph (2), if a member of the Authority has a pecuniary interest, direct or indirect, in any contract, proposed contract or other matter which is before any meeting of the Authority, he shall at that meeting declare the nature of his interest and shall not take part in the consideration or discussion of, or vote on any question with respect to, that contract or other matter, and if the Chairman or the person presiding at that meeting so directs, he shall withdraw from the meeting during the consideration or discussion.(2) For the purposes of sub-paragraph (1), a general notice given to the members of the Authority by a member to the effect that he is an officer or member of a specified corporation or a member of a specified firm and is to be regarded as interested in any contract which may, after the date of the notice, be made with that corporation or firm shall be deemed to be a sufficient declaration of interest in relation to any contract so made if —

the general notice specifies the nature and extent of his interest in the specified corporation or firm; and

his interest is not different in nature or greater in extent than the nature or extent so specified in the general notice at the time any contract is so made.(3) No general notice given under sub-paragraph (2) shall be of effect unless either it is given at a meeting of the Authority or the member takes reasonable steps to ensure that it is brought up and read at the next meeting of the Authority after it is given.(4) For the purpose of this paragraph, a pecuniary interest of a spouse, parent, son or adopted son, or daughter or an adopted daughter, of a member shall be regarded as a pecuniary interest of the member.(5) For the purpose of determining whether there is a quorum, a member shall be treated as being present notwithstanding that, under this paragraph, he cannot vote or has withdrawn from the meeting.Salaries, fees and allowances payable to Chairman and members

The Authority shall meet for the despatch of business at such times and places as the Chairman may from time to time appoint.(2) The quorum for a meeting of the Authority shall be half the number of its members.(3) The Chairman shall preside at all meetings of the Authority at which he is present; and where the Chairman is absent, the Deputy Chairman shall preside.(4) If neither the Chairman nor the Deputy Chairman are present at a meeting, such member as the members present may elect shall preside at that meeting.(5) Decisions at meetings of the Authority shall be adopted by a simple majority of the votes of the members present and voting; and in the case of an equality of votes, the Chairman or, in his absence, the Deputy Chairman or (as the case may be) the member presiding shall have a casting vote.(6) A resolution shall be taken to have been passed at a meeting of the Authority if —

without meeting, a majority of the members indicate agreement with the resolution in accordance with such method as may be determined by the Authority; and

all members were informed of the proposed resolution, or reasonable efforts had been made to inform all members of the proposed resolution.(7) Where not less than 4 members of the Authority request the Chairman by notice in writing signed by them to convene a meeting of the Authority for any purpose specified in the notice, the Chairman shall, within 7 days from the receipt of the notice, convene a meeting for that purpose.(8) Subject to the provisions of this Act, the Authority may regulate its own proceedings generally and, in particular, regarding the holding of meetings, the notice to be given of such meetings, the proceedings thereat, the keeping of minutes, the custody, production and inspection of such minutes, and the opening, keeping, closing and audit of accounts.Vacancy not to affect performance of functions

whether the financial statements show fairly the financial transactions and the state of affairs of the Authority;

whether proper accounting and other records have been kept including records of all assets of the Authority whether purchased, donated or otherwise;

whether the receipts, expenditure and investment of moneys and the acquisition and disposal of assets by the Authority during the year have been in accordance with this Act; and

such other matters arising from the audit as he considers should be reported.Auditor’s report

The auditor or any person authorised by him is entitled at all reasonable time to full and free access to all accounting and other records relating, directly or indirectly, to the financial transactions of the Authority.(2) The auditor or any person authorised by him may make copies of, or make extracts from, any such accounting and other records.(3) The auditor or any person authorised by him may require any person to furnish him with such information in the possession of that person or to which that person has access as the auditor or any duly authorised person considers necessary for the purposes of his functions under this Act.Penalty for obstructing auditor

any officer of the Authority; or

any public officer or officer of any other public authority constituted under any written law for a public purpose,appointed by the Minister to be a Collector of Land Revenue, and includes any Deputy Collector of Land Revenue appointed before the date of commencement of the Singapore Land Authority Act 2001;”. (ii)Renumber the section as subsection (1) of that section and insert immediately thereafter the following subsection:“(2) Any person who, immediately before the date of commencement of the Singapore Land Authority Act 2001, holds office as a Collector of Land Revenue or Deputy Collector of Land Revenue shall continue to hold such office as if he had been appointed under this Act until his appointment is revoked.”.(b)Section 9 Delete the words “in the Land Office” and substitute the words “at the office of the Authority”.(c)Section 27(1) (i)Delete the word “Minister” and substitute the word “Authority”. (ii)Delete paragraph (a).(d)New section 27A Insert, immediately after section 27, the following section:“Fees to be paid to Authority27A.—

Subject to subsection (2), all costs and fees collected in connection with any proceedings instituted or any other matter under this Act or in connection with any service provided by the Collector under this Act shall be prescribed in rules made by the Authority with the approval of the Minister, and shall be paid into the funds of the Authority.(2) Subsection (1) shall not apply to any land revenue recovered under this Act, which shall be paid into the Consolidated Fund.”.(e)Schedule C Delete the words “Land Office” in the 3rd line of the 2nd paragraph and substitute the words “office of the Singapore Land Authority”. (9)Land Surveyors Act (Chapter 156, 1992 Ed.) (a)Section 2 (i)Insert, immediately after the definition of “assurance plan”, the following definitions:“ “authorised surveyor” means a surveyor who is employed by the Authority, whether or not registered under section 12, and includes any other surveyor registered under section 12 appointed by the Chief Surveyor to be an authorised surveyor;“Authority” means the Singapore Land Authority established under the Singapore Land Authority Act 2001;”. (ii)Delete the definition of “Government surveyor”.(b)Section 4(2)(c) Delete the words “a Government surveyor” and substitute the words “an authorised surveyor”. (c)Sections 10(1) and (4)(b) and 15(10) Delete the words “a Government surveyor” wherever they appear and substitute in each case the words “an authorised surveyor”. (d)Section 32 (i)Delete the words “the Survey Department” in the 2nd and 3rd lines and substitute the words “the Authority”. (ii)Delete the words “in the Department” in the 7th line and substitute the words “lodged with the Authority”. (iii)Delete the words “of a prescribed fee” in the 9th line and substitute the words “to the Authority of a fee prescribed under section 40(2A)”. (iv)Delete the words “Government survey maps” in the marginal note and substitute the words “Authority’s survey maps”.(e)Section 33 (i)Delete the words “the Survey Department” in the 4th line and substitute the words “the Authority”. (ii)Delete the words “the Government” in the penultimate line and substitute the words “the Authority”.(f)Section 34(3) Delete the words “the prescribed survey fees have not been paid” in the penultimate and last lines and substitute the words “the survey fees prescribed under section 40(2A) have not been paid”. (g)Section 35 (i)Delete the words “the Board” in the last line of subsection (1) and substitute the words “the Chief Surveyor”. (ii)Delete the words “a Government surveyor” in the penultimate line of subsection (2) and substitute the words “an authorised surveyor”.(h)Section 36 (i)Delete the words “any Government surveyor authorised by him” in subsection (1) and substitute the words “any authorised surveyor designated by him”. (ii)Delete the words “the Survey Department” in the 3rd line of subsection (2) and substitute the words “the Authority”.(i)Section 37(1) Insert, immediately after the words “under this Act” in the 2nd line, the words “(other than fees prescribed under section 40(2A))”.(j)Section 40 (i)Insert, immediately after the words “fees payable” in subsection (2)(b), the words “to the Board”. (ii)Delete paragraph (e) of subsection (2). (iii)Insert, immediately after subsection (2), the following subsection:“(2A) The Authority may, with the approval of the Minister, make rules prescribing the fees to be charged by the Authority in connection with cadastral surveys and the time for payment of those fees.”.(10)Land Titles Act (Chapter 157, 1994 Ed.) (a)Section 4(1) (i)Insert, immediately after the definition of “assurance fund”, the following definition:“ “Authority” means the Singapore Land Authority established under the Singapore Land Authority Act 2001;”. (ii)Delete the definition of “Collector” and substitute the following definition:“ “Collector” has the same meaning as in the Land Revenue Collection Act (Cap. 155);”. (iii)Delete the words “in the Survey Department” in the 5th and 6th lines of paragraph (b) of the definition of “land” and substitute the words “with the Authority”. (iii)Insert, immediately after the definition of “land-register”, the following definition:“ “Land Titles Registry” means the Land Titles Registry of the Authority;”.(b)Section 7(2) Delete the words “in the Survey Department” in the 5th line and substitute the words “with the Authority”.(c)Section 70 Delete the word “Minister” in the 1st line and substitute the words “Authority, with the approval of the Minister,”.(d)Section 151(1) Delete the words “the Minister charged with the responsibility for finance” in the 2nd and 3rd lines and substitute the words “the Authority”.(e)Section 157(2) (i)Insert, immediately after the word “Neither” in the 1st line, the words “the Authority,”. (ii)Insert, immediately after the words “acting under” in the 1st line, the words “it or”.(f)Section 158(3) Delete the words “the Registrar” and substitute the words “the Authority”.(g)Section 167(2) Insert, immediately after the words “brought against”, the words “the Authority,”.(h)Section 168 Delete the words “the Minister in charge of finance” and substitute the words “the Authority”.(i)New section 169A Insert, immediately after section 169, the following section:“Composition of offences169A.—

The Registrar or any person authorised by him in writing may, in his discretion, compound any offence under this Act or any rules made thereunder which is prescribed as a compoundable offence by collecting from a person reasonably suspected of having committed the offence a sum not exceeding $2,000.(2) The Authority may, with the approval of the Minister, make rules to prescribe the offences which may be compounded.(3) On payment of such sum, no further proceedings shall be taken against that person in respect of the offence.(4) All sums collected under this section shall be paid into the funds of the Authority.”.(j)Section 170(1) (i)Delete the words “The Minister” in the 1st line and substitute the words “Subject to subsection (1A), the Authority, with the approval of the Minister,”. (ii)Delete the word “Minister” in the 5th line and substitute the words “Authority, with the approval of the Minister,”. (iii)Insert, immediately at the end of paragraph (a), the word “and”. (iv)Delete paragraph (b). (v)Insert, immediately after subsection (1), the following subsection:“(1A) The Authority may make rules regulating the practice of the Land Titles Registry in relation to matters arising under this Act.”.(k)New section 170A Insert, immediately after section 170, the following section:“Fees to be paid to Authority170A. All fees collected by the Registrar or the Land Titles Registry for any matter or thing done therein under this Act shall be paid into the funds of the Authority”.(11)Land Titles (Strata) Act (Chapter 158, 1999 Ed.) (a)Section 3 (i)Insert, immediately after the definition of “assurance”, the following definition:“ “Authority” means the Singapore Land Authority established under the Singapore Land Authority Act 2001;”. (ii)Delete the words “in the Survey Department” in the 4th line of paragraph (b) of the definition of “land” and substitute the words “with the Authority”. (iii)Insert, immediately after the definition of “land”, the following definition:“ “Land Titles Registry” means the Land Titles Registry of the Authority;”.(b)Section 10(9)(a)(ii) Delete the words “in the Survey Department” in the penultimate and last lines and substitute the words “with the Authority”.(c)Section 130 (i)Delete the words “The Minister” in subsection (1) and substitute the words “Subject to section 131, the Authority, with the approval of the Minister,”. (ii)Delete the word “Minister” in subsection (2) and substitute the words “Authority, with the approval of the Minister,”. (iii)Delete paragraphs (f) and (g) of subsection (2). (d)New section 131 Insert, immediately after section 130, the following section:“Regulations made by, and fees to be paid to, Authority131.—

The Authority may make regulations on any of the following matters:

the preparation of plans and documents for the purposes of this Act; and

the lodgment and registration of plans under this Act.(2) All prescribed fees collected under or in connection with any service provided by the Registrar under this Act shall be paid into the funds of the Authority.”.(12)Planning Act (Chapter 232, 1998 Ed.) Section 2 Delete the definition of “Collector” and substitute the following definition:“ “Collector” has the same meaning as in the Land Revenue Collection Act (Cap.155);”.(13)Registration of Deeds Act (Chapter 269, 1989 Ed.) (a)Section 2(1) (i)Insert, immediately after the definition of “assurance”, the following definition:“ “Authority” means the Singapore Land Authority established under the Singapore Land Authority Act 2001;”. (ii)Delete the words “in the Survey Department” in the 5th and 6th lines of paragraph (b) of the definition of “land” and substitute the words “with the Authority”. (iii)Delete the definition of “Registry” and substitute the following definition:“ “Registry” means the Registry of Deeds of the Authority;”.(b)Section 28 Delete subsection (2) and substitute the following subsection:“(2) All fees collected under or in connection with any service provided by the Registrar under this Act or any rules made thereunder shall be paid into the funds of the Authority.”.(c)Section 29 (i)Delete the word “Minister” in subsection (1) and substitute the word “Authority”. (ii)Delete paragraphs (g) and (h) of subsection (1). (iii)Insert, immediately after subsection (1), the following subsection:“(1A) The Authority, with the approval of the Minister, may make rules prescribing —

the fees for any matter or thing done under this Act; or

the penalties or additional fees to be taken by the Registrar for delay in removing instruments after registration.”.(14)Residential Property Act (Chapter 274, 1985 Ed.) (a)Section 2(1) Insert, immediately after the definition of “approved purchaser”, the following definition:“ “Authority” means the Singapore Land Authority established under the Singapore Land Authority Act 2001;”.(b)Section 36A Repeal and substitute the following section:“Composition of offences36A.—

The Controller or any person authorised by him in writing may, in his discretion, compound any offence under this Act or any rules or regulations made thereunder which is prescribed as a compoundable offence by collecting from a person reasonably suspected of having committed the offence a sum not exceeding $200.(2) The Minister may make regulations to prescribe the offences which may be compounded.(3) On payment of such sum, no further proceedings shall be taken against that person in respect of the offence.(4) All sums collected under this section shall be paid into the funds of the Authority.”.(c)New section 40A Insert, immediately after section 40, the following section:“Fees to be paid to Authority40A. All fees and charges collected under or in connection with any service provided by the Controller under this Act or any rules or regulations made thereunder shall be paid into the funds of the Authority.”.(15)State Lands Act (Chapter 314, 1996 Ed.) (a)Section 2 Repeal and substitute the following section:“Interpretation

There shall be a Commissioner of Lands who shall be appointed by the Minister for the general administration of this Act.(2) The Minister may also appoint from among officers of the Authority such number of Deputy Commissioners and Assistant Commissioners of Lands as may be necessary for the carrying out of the provisions of this Act and any rules made thereunder.(3) A Deputy Commissioner and any Assistant Commissioner of Lands may, subject to any special or general directions of the Commissioner, exercise any of the powers conferred on the Commissioner by or under this Act or any other written law.(4) Any person who, immediately before the date of commencement of the Singapore Land Authority Act 2001, holds office as a Commissioner of Lands, Deputy Commissioner of Lands or Assistant Commissioner of Lands shall continue to hold such office as if he had been appointed under this Act until his appointment is revoked.”.(c)New section 19A Insert, immediately after section 19, the following section:“Fees to be paid to Authority19A.—

All fees collected in connection with any service provided by the Commissioner or Collector under this Act or any rules made thereunder shall be paid into the funds of the Authority.(2) Subsection (1) shall not apply to any premium, rents or any other consideration paid to the Commissioner or Collector in exchange for any rights or interest in land which shall be paid into the Consolidated Fund.”.(16)State Lands Encroachments Act (Chapter 315, 1985 Ed.) Section 11(2) Delete the words “Land Office” and substitute the words “records of the Singapore Land Authority”.(17)Statutory Bodies and Government Companies (Protection of Secrecy) Act (Chapter 319, 1998 Ed.) The Schedule, Part I Insert, immediately after item 16, the following item: “16A.Singapore Land AuthoritySingapore Land Authority Act 2001.”.(18)Trustees Act (Chapter 337, 1999 Ed.) Section 3 Delete the words “in the Survey Department” in the 4th line of paragraph (b) of the definition of “land” and substitute the words “with the Singapore Land Authority”.