12. Power to enter land for inspection and survey, etc.

Amended

Last amended by an amending law of 2003.

(1)

The Authority or any person authorised by the Authority may enter any land or building situate wholly or partly within the street reserve or wholly or partly within 100 metres thereof in order to carry out —

(a)

any inspection or survey which is reasonably necessary to ascertain the condition of the land or building prior to or during the construction or improvement of any street or the construction, installation, improvement or removal of any road structure or road related facility (as the case may be) and to carry out all reasonably necessary work of a preventive or remedial nature; and

(b)

any inspection or maintenance of —

(i)

any street which has been constructed or improved; or

(ii)

any road structure or road related facility which has been constructed, installed or improved,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 street or maintaining or operating the road structure or road related facility, as the case may be.

(2)

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 —

(a)

the Authority is of the opinion that an emergency exists which necessitates immediate entry; or

(b)

the entry is required only for the purpose of an inspection or a survey.

(3)

A notice of entry mentioned in subsection (2) —

(a)

must describe the purpose of the entry and the nature of any work to be carried out; and

(b)

is deemed to be given to and received by an owner or occupier if the notice is affixed to a conspicuous part of the land or building to be entered.

(4)

In subsection (1), “work of a preventive or remedial nature” means the underpinning or strengthening of any land or building and any other work thereon that is intended to render it reasonably safe or to repair or detect damage caused in the course of the construction or improvement of any street or the construction, installation, improvement or removal of any road structure or road related facility, as the case may be.

(5)

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.

(6)

The Authority or any person authorised by the Authority may as the occasion requires enter and re‑inspect and survey any land or building in respect of which any of the powers contained in subsection (1) has been exercised and may, in relation to that land or building, exercise those powers as often as the occasion may require.

(7)

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.

Terms defined in s 2

Authority
Defined · s 2
“Authority” means the Land Transport Authority of Singapore established under the Land Transport Authority of Singapore Act 1995;
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building
Defined · s 2
“building” means any permanent or temporary building and includes any structure or erection of whatever kind or nature (whether permanent or temporary) and in particular —(a)a wall (including a retaining wall), partition, gate, fence, paling, platform, staging, post, pillar, shoring, hoarding or frame;(b)a slip, dock, wharf, pier, jetty, landing stage or bridge;(c)a culvert, crossing, bridge, underpass or tunnel; or(d)a sewage treatment plant, sewer, control centre, pump house, substation, drain, swimming pool or tank for the storage of any solid, liquid or gaseous matter;
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occupier
Defined · s 2
“occupier”, in relation to any premises, means the person in occupation of the premises or having the charge, management or control thereof either on the person’s own account or as agent of another person, but does not include a lodger;
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owner
Defined · s 2
“owner”, in relation to any premises, means the person for the time being receiving the rent of the premises whether on the person’s own account or as agent or trustee for any other person or as receiver or who would receive the rent if the premises were let to a tenant, and includes the person whose name is entered in the Valuation List prepared under section 10 of the Property Tax Act 1960;
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road related facility
Defined · s 2
“road related facility” includes any traffic sign, directional sign, street name sign, traffic light, bus shelter, place for the parking of bicycles, power-assisted bicycles or personal mobility devices, railing, lighting apparatus and any optical, electronic, communication, monitoring or computerised equipment necessary for the control and management of traffic, and any other road related structure and facility maintained by the Authority;
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road structure
Defined · s 2
“road structure” includes any bridge, underpass, tunnel, earth retaining wall and ancillary buildings;
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street
Defined · s 2
“street” includes —(a)any road, bridge, underpass, tunnel, square, path, footway or passage, whether a thoroughfare or not, over which the public has a right of way; and(b)any road, path, footway or passage, open court or open alley, used or intended to be used as a means of access to 2 or more holdings, whether the public has a right of way thereover or not,and all channels, drains, ditches and reserves that are deemed to be part of the street;
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