Street Works Bill

“accredited checker” means a person who is registered as an accredited checker under section 16 of the Building Control Act [Cap. 29];

“annual value” has the same meaning as in the Property Tax Act [Cap. 254];

“Authority” means the Land Transport Authority of Singapore established under the Land Transport Authority of Singapore Act 1995;

“back-lane” includes —

“bridge” includes any flyover, overpass and viaduct;

“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 —

“Building Authority” means the Building Authority appointed under section 3 of the Building Control Act;

“Chief Executive” means the Chief Executive of the Authority;

“competent authority” means any competent authority appointed under section 3 of the Planning Act [Cap. 232];

“dwelling-house” includes a building or tenement wholly or principally used, constructed or adapted for use for human habitation;

“footway” includes any footpath, verandah-way, open or covered walkway, pedestrian mall, plaza, square, and other related structures and facilities;

“holding” means any piece or parcel of land held or possessed under an instrument of title, capable of being registered under the Registration of Deeds Act [Cap. 269], or where applicable under the Land Titles Act [Cap. 157], relating exclusively thereto;

“house” includes any dwelling-house, warehouse, office, shop, school, and any other building in which persons are employed;

“key structural elements” means culverts, retaining walls, bridges and such other parts of a street which are essential for the stability or safety of the street;

“occupier”, in relation to any premises, means the person in occupation of the premises or having the charge, management or control thereof either on his own account or as agent of another person, but does not include a lodger;

“owner”, in relation to any premises, means the person for the time being receiving the rent of the premises whether on his 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 authenticated under section 15 of the Property Tax Act [Cap. 254];

“premises” includes buildings, lands, easements and hereditaments of any tenure;

“private street” means any street not being a public street;

“public bridge” means a bridge which carries a public street;

“public street” means any street over which the public has a right of way or which has become vested in the Government under this Act or the Local Government Integration Act [Cap. 166] repealed by this Act, or in any other manner;

“road related facility” includes any traffic sign, directional sign, street name sign, traffic light, bus shelter, railing and any other road related structure and facility maintained by the Authority;

“road structure” includes any bridge, underpass and tunnel;

“street” includes —

“street works” includes works of levelling, paving, metalling, flagging, kerbing, channelling, draining, lighting, laying of cables and mains and other utility services and otherwise the making good of a street or part of the street;

“tunnel” means a tunnel which carries a public street or utilities;

“utilities” includes water pipes, gas pipes, sewer pipes, drainage facilities, electricity cables, telecommunication cables and any other pipes, cables and their related apparatuses;

“utility works” includes works of —

The Authority shall be responsible for the management, maintenance and repair of all public streets, including the footways and road related facilities thereof, and for the general administration of this Act.

The Authority may, subject to such conditions or restrictions as it thinks fit, appoint public officers and officers employed by other statutory bodies to carry out any of its powers, functions and duties under this Act.

The Authority may, where it considers necessary, require the owner of any premises to allow a footway to be constructed for the use of the public within his premises.

Such a footway shall be up to a maximum of 3.6 metres wide and the construction of such footway shall not affect any house within the premises; and if necessary for this purpose, the Authority may set back any wall, fence, hedge or other similar erection.

Where there is a vacant frontage adjacent to the public street to which the public has access, the Authority may, in conjunction with any street improvement scheme, carry out works to the frontage as it considers fit.

For the purpose of this section, “vacant frontage” includes any covered footway.

The Authority shall not exercise the rights conferred by subsection (1) or (3) unless it has given not less than one month’s notice in writing to the owner of the frontage stating its intention to carry out the work, which notice shall include a plan showing the affected area of the frontage.

The Authority shall prepare an estimate of the costs and expenses to be apportioned among the owners of the premises fronting, adjoining or abutting on the new footway or public street and shall serve a notice of its decision in writing to proceed with the works and to recover costs and expenses of the works upon each of such owners, and such costs and expenses shall be paid within such period as may be specified in the notice and in such proportions as are settled by the Authority.

If the owner of any such premises is dissatisfied with the Authority’s apportionment of costs and expenses, he may, within 14 days from the date of service of the notice, appeal to the Minister whose decision shall be final.

The Authority may, if it thinks fit, decide that in settling the apportionment of costs and expenses regard shall be had to the following considerations:

The Authority may, if it thinks fit, pay the whole or any part of the costs and expenses of the works, and the payment of part of the costs and expenses may be made in such a manner as wholly to relieve the owner of any particular premises to the exclusion of other owners or to relieve him to a greater extent than other owners.

When the street works have been completed by the Authority and the costs and expenses thereof ascertained —

No owner shall be entitled to any payment or compensation for the use of his frontage under this section.

In every case where a footway is made under this section, the Authority shall deliver to each owner of the land a plan showing the land taken for the footway with a declaration endorsed thereon under the hand of the Minister to the effect that the land has been taken under this section for use as a public footway, subject nevertheless to the right of each owner or his successors in title at any time to build in such a manner and to such extent as he would have been entitled to build if the land had not been taken for use as a public footway.

Where a footway has been constructed under section 27 —

The owner shall not modify any footway within his land to which the public has access without the written permission of the Authority.

The Authority, with the approval of the Minister, may —

Notwithstanding subsection (1), the approval of the Minister shall not be required if the works to be carried out are confined within the existing width of any public street.

Where the Authority is of the opinion that the carrying out of any activity on any land adjoining a public street has caused or is likely to cause the public street or any part thereof to be in a dangerous or defective condition, the Authority or any person authorised by the Authority may —

If the person who is liable to pay costs and expenses to the Authority under subsection (1)(b) is dissatisfied with the amount or apportionment thereof, he may appeal to the Minister whose decision shall be final.

Any person who contravenes or fails to comply with a notice served on him or an order given to him under subsection (1) shall be guilty of an offence and shall be liable on conviction —

The certificate of the Authority stating that it is of the opinion that the person named in the certificate is responsible for causing a public street or part thereof to be in a dangerous or defective condition shall be conclusive evidence for the purpose of any prosecution under this section.

For the purpose of this section, “activity” includes any excavation or construction works.

The Authority or any person authorised by the Authority shall have the right to enter upon and take possession of any land or part thereof not being State land to construct road structures and road related facilities in, under or over the land and do all things as are reasonably necessary for the construction.

The Authority or any person authorised by the Authority shall not exercise the right conferred by subsection (1) unless the Authority has given not less than 2 month’s notice of its intention to exercise the right conferred by that subsection to the occupier of the land and to every person having any estate, right, share or interest in the land.

A notice under subsection (2) may be given to and shall be deemed to have been received by an occupier if the notice is affixed to a conspicuous part of the land to be entered.

A notice referred to in subsection (2) shall —

The ownership of anything shall not be altered by reason only that it is placed in, under and over any land in exercise of a right conferred upon the Authority by this section.

In this section, a reference to entry on land includes the digging or boring of a tunnel under the land and the erection of any structure on, under or over the land.

From the date of publication in the Gazette of a notice of creation of a right under this section, the Authority or any person authorised by the Authority may, at any reasonable time and for the purposes of and incidental to the maintenance of any road structure or road related facility, enter upon such land within the area as described in the notice, not being State land, and 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 notice.

A notice of creation of a right under this section shall —

Any right referred to in a notice of creation of a right under this section shall be limited to a right conferring such rights and powers as are necessary or convenient for the maintenance of the road structure or road related facility and for all purposes connected with or incidental to such maintenance.

The owner of any land who has been served with a notice under section 9 may, within 2 years from the date of the notice, make a request through the Authority to the President to direct the acquisition of the land affected by the proposed construction of road structures and road related facilities on, under or over the land.

Where a notice has been served under subsection (1), the land may be acquired in accordance with the provisions of any written law relating to the acquisition of land for a public purpose and any declaration required under any such law that the land is so needed may be made and the declaration shall have effect as if it were a declaration that the land is needed for a public purpose made in accordance with that written law.

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 —

No person shall, 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 his intention to do so unless —

A notice of entry referred to in subsection (2) shall —

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 of any road structure or road related facility.

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 shall be final.

The Authority or any person authorised by the Authority may as the occasion requires enter and reinspect 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 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.

The Authority may give notice to the owner of any land or building in the street reserve requiring him to remove any object or structure described in the notice which is erected on or attached to, or projects from, the land or building if in the opinion of the Authority the removal of the object or structure is required for the purposes of the construction of any street.

A notice under subsection (1) may be given to the owner of any land or building and shall be deemed to have been received by him if it is affixed to some conspicuous part of the land or building to or from which the object or structure is erected or attached or projects from.

A notice under subsection (1) shall —

If the owner of the land or building does not comply with a notice given to him under subsection (1), any person authorised in that behalf by the Authority may enter the land or building, together with such other persons as he thinks necessary, and remove the object or structure described in the notice or cause it to be removed by those other persons.

Where the Authority intends to construct any new street or to widen, open, enlarge or otherwise improve any existing street, the Authority may prepare a plan incorporating all premises set aside as street reserves pursuant to any development proposal approved by the competent authority, and by an instrument in the form approved by the Registrar of Titles or the Registrar of Deeds, as the case may be, declare that the street reserves shall vest in the Government.

Any plan prepared by the Authority under this section shall comply with the requirements of the Land Titles Act [Cap. 157] in respect of registered land and of the Registration of Deeds Act [Cap. 269] in respect of other lands and shall show thereon the premises which will vest in the Government.

The declaration referred to in subsection (1) shall be published in the Gazette.

Where any street reserve that has become vested in the Government under this section comprises premises included in separate lots already set aside as part of a street reserve, the declaration shall be registered against those lots under the provisions of the Land Titles Act [Cap. 157] in respect of registered land and under the provisions of the Registration of Deeds Act [Cap. 269] in respect of other lands.

Where any street reserve that has become vested in the Government under this section comprises premises included in an existing lot or existing lots, the premises forming the street shall be excised from the existing lot or lots and the declaration shall be registered in respect of the excised portions under the provisions of the Land Titles Act in respect of registered land and under the provisions of the Registration of Deeds Act in respect of other lands.

Upon such registration, the premises forming the street reserve shall vest in the Government free from all encumbrances and where the premises are held under a statutory land grant, such vesting shall not be deemed to create a subdivision within the meaning of the State Lands Act [Cap. 314].

No compensation shall be payable for any premises vested in the Government pursuant to this section.

When the Authority has pursuant to this section registered any instrument, the Authority may take possession of the premises described therein and may proceed to demolish and remove any building or portion of any building forming part thereof.

Where the Authority intends to construct any new street or to widen, open, enlarge or otherwise improve any existing street, the Authority may recover the costs and expenses of acquiring the land for, and of —

The Authority shall prepare an estimate of the costs and expenses of the street works to be apportioned amongst —

If the owner of any such premises is dissatisfied with the Authority’s apportionment of costs and expenses, he may, within 14 days from the date of service of the notice, appeal to the Minister whose decision shall be final.

The apportionment of costs and expenses of street works amongst the owners of the premises fronting, adjoining or abutting on the street in respect of which the costs and expenses are to be incurred shall, unless the Authority otherwise decides, be apportioned according to the frontage of the respective premises; but the Authority may, if it thinks fit, decide that in settling the apportionment regard shall be had to the following considerations:

The Authority may, in any estimate of the costs and expenses of street works, include such reasonable charges in respect of surveys, superintendence and publication and service of notices as it may from time to time determine.

The Authority may, if it thinks fit, pay the whole or any part of the costs and expenses of the street works, and the payment of part of the costs and expenses by the Authority may be made in such a manner as wholly to relieve the owner of any particular premises to the exclusion of other owners or to relieve him to a greater extent than other owners.

Where the street works have been completed by the Authority and the costs and expenses thereof ascertained —

If the costs and expenses incurred in executing the street works as shown in the final apportionment exceed the estimated costs and expenses, the owner may, within 14 days from the date of service of the notice, appeal to the Minister whose decision shall be final.

For the purposes of this section, the construction of a new street may include the widening, opening, enlarging or otherwise improving of any part or parts of any existing private street for the purpose of constructing the new street.

Where the Authority intends to make up, pave, widen, open, enlarge or otherwise improve any existing private street, the Authority may recover the costs and expenses of acquiring the land for, and of making up, widening, opening, enlarging or otherwise improving the private street, as the case may be, from the owners of the premises —

The Authority shall cause to be prepared —

In such a provisional apportionment of the costs and expenses of the street works, the apportionment of costs and expenses amongst the owners of the premises fronting, adjoining or abutting on the private street or part thereof in respect of which the costs and expenses are to be incurred shall, unless the Authority otherwise decides, be apportioned according to the frontage of the respective premises; but the Authority may, if it thinks fit, decide that in settling the apportionment regard shall be had to the following considerations:

The Authority may, in any estimate of the costs and expenses of street works, include such reasonable charges in respect of surveys, superintendence and publication and service of notices as it may from time to time determine.

During one month from the date of the service of the notice, the plans, specifications, estimate and provisional apportionment prepared under subsection (2) shall be open to inspection by or on behalf of —

The Authority may, if it thinks fit, pay the whole or any part of the costs and expenses of the street works and if it decides so to pay any part of those costs and expenses —

The Authority may from time to time amend the plans, specifications, estimate and provisional apportionment of any street works, but if by reason of such an amendment the estimate in respect of any private street or part thereof is increased or the provisional apportionment of the costs and expenses of the street works on any premises is increased, the notices previously served shall be withdrawn in the prescribed manner by the Authority and fresh notices based on the amended plans, specifications, estimate and apportionment or any of them shall be served by the Authority in accordance with subsection (5) and the amended plans, specifications, estimate and provisional apportionment shall be similarly open to inspection.

During the period of one month referred to in subsection (5), the owner of any premises shown in the provisional apportionment or amended provisional apportionment as liable to be charged with any part of the costs and expenses of executing the street works may, by notice in writing duly served upon the Authority, object to the execution of the proposed street works and to the plans, specifications, estimate and provisional apportionment or any or more of them or to any amendment thereof pursuant to subsection (7) on any one or more of the following grounds:

Objections may be made in writing and in accordance with the prescribed procedure and after valid objections have been inquired into and the persons making them have been allowed an opportunity of being heard in accordance with the prescribed procedure, the Authority may, in its discretion, confirm or amend the plans, specifications, estimate and provisional apportionment.

The plans, specifications, estimate and provisional apportionment so confirmed or amended shall be open to inspection by the persons referred to in subsection (5) during the usual office hours at the office of the Authority and notice in writing stating that they are open to inspection shall forthwith be published in the Gazette and in such other manner as the Authority may determine.

Any person who is dissatisfied with the decision of the Authority may, within 14 days of the publication of the notice under subsection (10), appeal to the Minister whose decision shall be final.

If such street works —

Where the street works have been completed by the Authority and the costs and expenses thereof as incurred by the Authority ascertained —

If the costs and expenses incurred in executing the street works as shown in the final apportionment exceed the estimated costs and expenses, the owner may, within 14 days from the date of the notice, appeal to the Minister whose decision shall be final.

Where street works have been executed to the satisfaction of the Authority under this Part in respect of a private street or part thereof, then on the requisition —

The declaration referred to in subsection (15) shall be published in the Gazette.

Where a private street or part thereof that is declared to be a public street and to be vested in the Government comprises separate lots already set aside as part of a street, the declaration shall be registered against those lots under the provisions of the Land Titles Act [Cap. 157] in respect of registered land and under the provisions of the Registration of Deeds Act [Cap. 269] in respect of other land.

Where a private street or part thereof that is declared to be a public street and to be vested, in the Government comprises premises included in an existing lot or existing lots, the premises forming the street or part of the street shall be excised from the existing lot or lots and the declaration shall be registered against the excised portions under the provisions of the Land Titles Act in respect of registered land and under the provisions of the Registration of Deeds Act in respect of other land.

Upon such registration, the premises forming the street shall vest in the Government free from all encumbrances and where the premises are held under a statutory land grant such vesting shall not be deemed to create a subdivision within the meaning of the State Lands Act [Cap. 314].

No person shall carry out any works on any public street, public bridge or on any street which is to be declared public unless he has obtained the prior approval of the Authority.

An application to the Authority for its approval under subsection (1) —

The Authority may give written directions to the person submitting the application with regard to all or any of the following particulars:

Where in the opinion of the Authority any works have been carried out in contravention of the provisions of this Act or any regulations made thereunder, the Authority may by order in writing require —

An order made under subsection (4) shall be served on the owner of the works and the person carrying out the works.

If an order made under subsection (4) is not complied with, the Authority may —

Neither the Authority nor the Government shall be liable to make good any damage caused to or any loss of goods or property as a result of any work carried out under subsection (6).

Without prejudice to the rights of the Authority to exercise its powers under subsection (6), if any person on whom an order made under subsection (4) is served fails to comply with the order, that person shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $100,000 and, in the case of a continuing offence, to a further fine not exceeding $1,000 for every day during which the offence continues after conviction.

The Authority may levy a charge on the person who carries out works on public streets or public bridges or any street which is to be declared public.

The charge shall be determined in accordance with such rate and method of calculation as may be prescribed.

The Authority may require the person who made the application under subsection (1) to make a deposit before commencing any work.

If the works are not executed to the satisfaction of the Authority in any case where a deposit has been made under subsection (11), the Authority may, at any time after the service of a notice, execute or cause any works to be properly carried out and the costs and expenses of any works executed or caused to be carried out by the Authority shall be recovered from the deposit made under that subsection.

Every person who intends to construct any new street shall give notice in writing thereof to the Authority, accompanied by —

The Authority shall not approve the detailed plans of any new street unless the competent authority has first given written permission for the use of the land for this purpose under the provisions of the Planning Act [Cap. 232].

The Authority may give written directions to the person submitting a plan for a new street with regard to any of the following particulars:

The person to whom any such written directions are so given shall amend the plan accordingly.

The person whose plan has been approved by the Authority and each successor in title of that person, so far as the street lies in the land acquired by him, shall lay out the new street and demarcate its boundaries by such boundary stones or other marks as are considered sufficient by the Authority to denote the length, width and alignment of the street.

If the new street has not been laid out and demarcated within the period of 6 months from the date when the plan was approved by the Authority, the Authority or any officer authorised by the Authority may enter upon the land and demarcate the boundaries of the new street at the expense of the person whose plan has been approved or of his successor in title.

Any person who removes, defaces or injures any stone or mark set to denote the length, width or alignment of such new street shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000.

The person whose plan has been approved by the Authority or his successor in title so far as the street lies in the land acquired by the successor shall, if he constructs the new street, construct it in accordance with the plans approved by the Authority within such period as may be specified in the approval.

The Authority may, in its discretion, renew its approval under subsection (8) for such period as it may consider necessary.

Where a person —

Where any new street is stated to be intended for foot traffic only, the Authority may impose such conditions as it thinks fit for ensuring that the street shall not be used as a carriage road.

Any person who keeps open or uses such street in breach of any condition imposed under subsection (11) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 and, in the case of a continuing offence, to a further fine not exceeding $100 for every day during or on which the offence continues or is repeated.

No person shall erect or maintain or permit to be erected or maintained any obstruction in any such street, and the Authority may, where any such obstruction exists, take down and remove the same.

For the purposes of this section, “new street” shall be deemed to include —

If the person giving a notice under subsection (1) is dissatisfied with any requisition or disapproval by the Authority, he may appeal to the Minister whose decision shall be final.

Subject to subsection (17), if the Authority does not, within 2 months from the delivery of a notice and the plan under subsection (1) or of the date of the re-submission of the plan amended in pursuance of subsection (4), as the case may be, approve the plan, the plan shall be deemed to be approved unless the Authority has previously disapproved it.

Nothing in subsection (16) shall be construed as exempting the person submitting the plan from otherwise complying with the provisions of this Act or any regulations made thereunder.

Where the plans of any street works or proposed street works have been approved by the Authority and the person for whom the plans are submitted intends to depart or deviate from the plans approved, he shall apply to the Authority for approval of the plans showing the proposed departure or deviation and such application shall be accompanied by the latter plans and a certificate by an accredited checker in respect of such of the latter plans relating to the structural elements of the street works or proposed street works stating that, to the best of the knowledge and belief of the accredited checker, those plans do not show any inadequacy in the key structural elements of the street works to be carried out or affected by street works carried out in accordance with those plans.

Every person shall, before commencing any work for the erection of any new building, submit an application in writing for the determination of the amount to be deposited, if any, for the execution of street works as required under section 16 or 18.

The Authority shall —

The Minister may by order in writing exempt a particular building or class of buildings from subsection (1).

Where no deposit is required, the Authority shall issue a certificate to the person who made the application under subsection (1) stating that no deposit is required to be made for the execution of street works before the commencement of building operations.

The Authority shall, in making an order under subsection (3), have regard to the amount that could be recovered by the Authority if it had executed the street works under the provisions of this Act.

The Authority shall serve a copy of the order on the person who is required to deposit the amount determined for the execution of street works, which amount —

Any person who fails to deposit the amount determined for the execution of street works within the time specified by the Authority shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 and, in the case of a continuing offence, to a further fine of $100 for every day during which the offence continues after conviction.

The Authority may by order in writing vary the amount determined under subsection (2) for the execution of street works and serve a copy of the order on the person who is required to deposit the amount determined for the execution of street works.

An order made under subsection (8) shall be deemed to be an order made under subsection (3).

Any person who is dissatisfied with the order may, within 10 days of the service on him of the order, appeal to the Minister whose decision shall be final.

If street works are not commenced or executed to the satisfaction of the Authority in any case where a deposit has been made under section 20(6), the Authority may, at any time after the service of a notice in writing, execute the street works or cause the street works to be properly carried out.

The costs and expenses incurred by the Authority in the execution of the street works or in causing the street works to be properly carried out shall be recovered from the deposit made under section 20(6).

Where a deposit has been made under section 20(6) and street works have been carried out to the satisfaction of the Authority, the Authority may, upon an application in writing, refund to the person who made the deposit the whole or part of the deposit.

The Authority may retain the deposit or any part thereof if it is of the opinion that —

In this section and in section 23, “building operations” means such works as are carried out for the erection of any new building, including works which are preparatory to the erection of a new building.

Any person who has made a deposit under section 20(6), and who subsequently decides not to proceed with the erection of any building, without having commenced any building operations, may give notice in writing to the Authority of, his intention not to proceed with the erection of the building.

The Authority shall, on an application in writing by a person who has given such a notice, refund the deposit or part thereof as it may determine, after the cancellation of the approved plan by the Building Authority.

Where any private street or any part thereof is in a defective condition, and if the Authority is satisfied that the safety of the public requires that action should be taken, the Authority may, by order require —

If any person to whom an order under subsection (1) is addressed fails to comply with the requirements of the order —

Where any person to whom an order under subsection (1) is addressed fails to commence the work before the date specified in the order, the Authority may, in its discretion, notwithstanding that the period stated in the order for the completion of the work has not yet expired, itself cause the work to be done and recover from such person the costs and expenses of the work or such proportions of the costs and expenses as are settled by the Authority.

If any person who is liable to pay costs and expenses under subsection (2) or (3) is dissatisfied with the Authority’s apportionment of costs and expenses, he may appeal to the Minister whose decision shall be final.

Notwithstanding subsections (1), (2) and (3), the Authority may, in its discretion, execute street works on any private street or any part thereof as may be considered necessary for the public safety, except that the execution of such street works by the Authority shall not affect the liability of any person under subsection (1), (2) or (3).

A certificate of the Authority stating that it is of the opinion that such person or persons named in the certificate was or were responsible for causing a private street or part thereof to be in a dangerous or defective condition shall be conclusive evidence for the purpose of any proceedings for the recovery of the costs and expenses of the repairing of that private street.

The Authority may, in any case where it is of the opinion that any person is responsible for causing a private street or any part thereof to be in a dangerous or defective condition, by notice require such person not to make further use of the private street for the purpose of transporting any matter, material or thing until such deposit as may be required under subsection (2) has been made with the Authority.

The Authority may, by order in writing, require any person who has been served with a notice under subsection (1) to deposit with the Authority such sum as may be required for causing the street to be properly repaired.

The Authority shall, in making an order under subsection (2), have regard to the costs and expenses that would have to be incurred if it should cause the work to be done.

If a notice under subsection (1) is not complied with, the person who has been served with the notice shall be guilty of an offence and shall be liable on conviction —

The certificate of the Authority stating that it is of the opinion that the person named in the certificate is responsible for causing a private street or part thereof to be in a dangerous or defective condition shall be conclusive evidence for the purpose of any prosecution under this section.

If any street, not being a public street, is levelled, channelled, drained, paved, metalled, flagged and provided with lighting or otherwise made up to the satisfaction of the Authority, the Authority may, whether at the request of the owners or the premises fronting, adjoining or abutting on the street or otherwise, if it thinks fit, by writing signed by the Chief Executive or such other officer as may be authorised by the Authority in that behalf, declare that at the expiration of one month from the date thereof the street shall become a public street.

A copy of such declaration shall be forthwith posted up in some part of the street.

At the expiration of one month from the date of the declaration under subsection (1), unless the owners of the premises fronting, adjoining or abutting on the street or the owners of such premises having the greater part in annual value have, by notification to the Authority in writing under their hands, objected thereto, the street shall become a public street and shall vest in the Government and forever afterwards be repaired by the Authority.

The declaration referred to in subsection (1) shall be published in the Gazette.

Where a street that has been declared to be a public street and has become vested in the Government under this section comprises premises included in separate lots already set aside as part of a street, the declaration shall be registered against those lots under the provisions of the Land Titles Act [Cap. 157] in respect of registered land and under the provisions of the Registration of Deeds Act [Cap. 269] in respect of other land.

Where a street that has been declared to be a public street and has become vested in the Government under this section comprises premises included in an existing lot or existing lots, the premises forming the street shall be excised from the existing lot or lots and the declaration shall be registered in respect of the excised portions under the provisions of the Land Titles Act [Cap. 157] in respect of registered land and under the provisions of the Registration of Deeds Act in respect of other land.

Upon such registration, the premises forming the street shall vest in the Government free from all encumbrances and where the premises are held under a statutory land grant, such vesting shall not be deemed to create a subdivision within the meaning of the State Lands Act [Cap. 314].

The Authority may serve notice on the owner or supplier of any gas, electricity, water, telecommunication, sewerage or drainage services to alter the course or position of any wire, line, cable, pipe, tube, casing, duct, post, structure or other apparatus which belongs to or is maintained by that owner or supplier and to repair any street surface thereby disturbed if, in the opinion of the Authority, such alteration is required for the purposes of the construction, operation, maintenance or improvement of any street.

A notice under subsection (1) shall —

Neither the public nor any person shall be deemed to have any right of ingress, egress or regress over any back-lane vested in the Government or any part thereof except by express grant by the Authority which the Authority may, in its discretion, withhold or give up on such terms as it may think fit.