Telecommunication Authority of Singapore Bill

“Authority” means the Telecommunication Authority of Singapore established by section 3 of this Act;

“Chairman” means the Chairman of the Authority appointed under section 5 of this Act;

“communication” means any telegram, telegraph message, photo-telegraph, telephone call, telex message, data message, or any other form of intelligence or message conveyed by telecommunication or given to a telecommunication officer to be sent by or delivered by telecommunication;

“Deputy Chairman” means the Deputy Chairman of the Authority appointed under section 5 of this Act;

“financial year”, in relation to the Authority, means a period of twelve months beginning on the 1st day of April in any year;

“functions” means the objects, powers and duties of the Authority;

“General Manager” means the General Manager appointed under section 5 of this Act and includes any person acting in that capacity;

“Hertzian waves” means electro-magnetic waves between ten kilohertz and three million megahertz;

“local service” means a telecommunication service enabling communication between parties within Singapore but does not include the domestic telephone services provided by the Singapore Telephone Board under the provisions of the Singapore Telephone Board Act (Cap. 85);

“member of the Authority” includes the Chairman, the Deputy Chairman and the General Manager of the Authority;

“operate” includes the functions of establishment, promotion, installation, construction, development, use, work or maintenance, hire and sales;

“overseas telecommunication service” means a telecommunication service enabling communication with parties outside Singapore;

“radio-communications” means any telecommunication by means of Hertzian waves;

“ship” means a ship within the meaning of the Merchant Shipping Act (Cap. 172) and includes oil rigs;

“statutory body” means a body constituted under any written law;

“street” includes any way, road, lane, path, square, court, alley, passage or open space whether a thoroughfare or not over which the public have a right of way and also the roadway and footway over any public bridge;

“telecommunication” means any system for the transmission, emission or reception of signs, signals, writing, images and sounds or intelligence of any nature by wire, radio, visual or other electromagnetic systems;

“Telecommunications Department” means the Telecommunications Department of the Government existing immediately before the date of the coming into operation of this Act;

“telecommunication equipment” includes any appliance, apparatus or accessory, used for telecommunication;

“telecommunication installations and plant” includes all buildings, land, interests in land, exchanges, equipment, apparatus or accessories whatsoever used for telecommunication;

“telecommunication line” means a wire or wires used for telecommunication with any casing, coating, tube or pipe enclosing the same and any appliance and any apparatus connected therewith for the purpose of fixing or insulating the same;

“telecommunication officer” means a member of the staff of the Authority;

“telecommunication service” means the provision of the necessary physical, operational and administrative facilities whereby persons may by means of telecommunication communicate with parties within Singapore or communicate with other parties outside Singapore;

“telecommunication system” means any telecommunication installation and plant or any telecommunication equipment or any component part thereof, with or without telecommunication lines, capable of being used or being adapted for use for telecommunication whether in operation or not, and includes radio-communication apparatus and equipment;

“vessel” includes a hovercraft.

“Telecommunication Undertaking” means the telecommunication installations and plant and the undertaking in connection therewith which was immediately before the date of the coming into operation of this Act the property of the Government and was used or intended to be used by the Telecommunications Department for the provision of telecommunication service;

“transferred undertaking” means the telecommunication installations and plant and the undertaking in connection therewith, vested in the Authority by virtue of section 39 of this Act.

Upon the coming into operation of this Act, the Telecommunication Undertaking shall be transferred to and shall vest in the Authority.

Such transfer shall extend to the whole of the Telecommunication Undertaking and shall include all plant, lands, works and other property, movable or immovable, assets, powers, rights and privileges held or enjoyed in connection therewith or appertaining thereto.

Upon the coming into operation of this Act every person employed by the Telecommunications Department of the Government immediately prior to the date of the coming into operation of this Act and who was exercising any of the powers or was discharging any of the functions or duties vested in the Authority by this Act, shall be transferred to the service of the Authority on terms not less favourable than those he enjoyed immediately prior to his transfer and such terms (which shall be determined by the Authority) shall take into account the salaries and conditions of service including any accrued rights to leave, enjoyed by him while in the employment of the Government.

Notwithstanding the provisions of subsection (1) of this section, persons holding such grades in the Telecommunications Department as the Minister may determine, shall as soon as practicable be given the option of remaining in the service of the Government.

Until such time as schemes and terms and conditions of service are drawn up by the Authority, the regulations relating to salaries and terms and conditions of service in the Government shall continue to apply to every person transferred to the service of the Authority under subsection (1) of this section.

Where any person who is transferred to the service of the Authority under the provisions of this Act is a contributor under the Widows’ and Orphans’ Pension Act (Cap. 58) he shall for the purposes of that Act continue to make contributions under that Act as if he had not been transferred to the service of the Authority and for the purposes of that Act, his service with the Authority shall be deemed to be service with the Government.

The Minister may make regulations to provide for the payment to every person falling within subsection (1) of section 43 of this Act of benefits not less in value than the amount of any pension, gratuity or allowance for which such person or his dependents would have been eligible under the Pensions Act (Cap. 55) and the Pensions Regulations, 1956, had he continued in the service of the Government.

Nothing in the regulations made by the Minister under subsection (1) of this section shall adversely affect any condition that would have been applicable to such transferred persons as regards any pension, gratuity or allowance under the Pensions Act and the Pensions Regulations, 1956.

In every case where an officer has been transferred to the service of the Authority under subsection (1) of section 43 of this Act or who opts to enter into the service of the Authority pursuant to subsection (2) of section 43 of this Act and who retains his pension rights under the provisions of the Pensions Act and the Pensions Regulations, 1956, the Government shall be liable to the Authority to the extent of such an amount as shall bear the same proportion to the amount of pension for which he would have been eligible had his service been wholly under Government as the aggregate amount of his pensionable emoluments during his service under the Government shall bear to the aggregate amount of his pensionable emoluments during his service under both the Government and the Authority.

The Authority shall have a common seal, and such seal may from time to time be broken, changed, altered and made anew as to the Authority seems fit.

All deeds, documents and other instruments requiring the seal of the Authority shall be sealed with the seal of the Authority in the presence of the Chairman or the Deputy Chairman or some other person authorised by the Authority to act in that behalf, who shall sign every such deed, document or other instrument to which such seal is affixed, and such signing shall be sufficient evidence that such seal was duly and properly affixed and that the same is the lawful seal of the Authority.

The Authority shall consist of a Chairman, a General Manager and such other members, totalling not less than five and not more than nine persons, all of whom shall be appointed by the Minister.

Subject to the provisions of this Act, the members of the Authority appointed by the Minister shall hold office for such terms and subject to such conditions as the Minister may determine.

The Minister may appoint any member of the Authority to be the Deputy Chairman.

The Minister may appoint any member of the Authority to be a temporary Chairman or temporary Deputy Chairman during the temporary incapacity from illness or absence from Singapore or otherwise, of the Chairman or the Deputy Chairman, as the case may be.

If at any time it appears to the Minister that the removal from office of all or any of the members of the Authority appointed by him is necessary in the interests of the effective and economical performance of the functions of the Authority under this Act or in the public interest, the Minister may remove from office, without assigning any reason therefor, all or so many of such members of the Authority as the Minister may consider necessary.

A member of the Authority may at any time resign from the Authority.

The Chairman may, by instrument in writing, authorise any member of the Authority to exercise any power or perform any function, other than the functions referred to in subsection (2) of section 4 of this Act, conferred on the Chairman by or under this Act.

Every person appointed to be a member of the Authority shall, within three months after his appointment, sell or dispose of all shares in any telecommunication undertaking which, at the time of his appointment, he owns or has an interest in for his own benefit, and it shall not be lawful for any member of the Authority, whilst he holds office as such, to purchase or acquire an interest in, for his own benefit, any shares in any telecommunication undertaking, and, if any member of the Authority becomes entitled, for his own benefit under any will or succession, to any shares in any telecommunication undertaking, he shall sell or dispose of the same within three months after he has become entitled thereto.Except that the Minister may waive the requirements of this subsection in any specific case.

Any member of the Authority who retains, purchases, takes or becomes or retains an interest in any shares in any telecommunication undertaking in contravention of the provisions of this section shall be disqualified from, and be deemed thereupon to have vacated, his office as such member, and the Chairman shall cause an entry to that effect to be made in the minutes of the Authority as soon as practicable after the fact of any such contravention comes to his knowledge and shall cause a notification of such vacation of office to be published in the Gazette.

The fact of any person disqualified under this section having sat on or taken part in any proceeding of the Authority before such entry as aforesaid has been made in the minutes shall not invalidate any resolution or proceeding of the Authority.

In this section, “share in any telecommunication undertaking” means any stock, shares, debentures, debenture stock, bonds or other securities of any company engaged in the operation of a telecommunication service, or in the installation, sale or the manufacture of telecommunication apparatus, and includes any share or interest in any unincorporated undertaking similarly engaged.

The Chairman or any other person authorised by him shall, subject to such rules as may be made by the Authority as provided in subsection (2) of this section, summon all meetings of the Authority for the despatch of business.

Subject to the provisions of this Act, the Authority may make rules regulating its own procedure generally, and, in particular, with regard to 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.

The General Manager shall be the executive head of the Authority and shall be responsible to the Chairman and members of the Authority for the efficient operation of the Authority.

The General Manager shall be an ex-officio member of the Authority.

The Authority may, from time to time, appoint and employ such officers and servants as may be necessary for the purposes of this Act.

All officers and servants of the Authority shall be under the administrative control of the General Manager.

The General Manager may authorise any officer or servant of the Authority to exercise such of the administrative powers conferred on him under the provisions of subsection (2) of this section as the Authority may think fit.

Upon the date of the coming into operation of this Act and subject to the provisions of this Act, the Authority shall have the exclusive privilege of operating telecommunication in Singapore.

The privilege conferred on the Authority by subsection (1) of this section shall extend to every ship, vessel or aircraft registered in Singapore and every other ship, vessel or aircraft present in Singapore or Singapore territorial waters and to any vehicle whether mechanically propelled or not, in Singapore.

The privilege conferred by subsection (1) of section 15 of this Act shall not be infringed by —

The privilege conferred by subsection (1) of section 15 of this Act shall not be infringed by the operation of any telecommunication system —

A licence may, with the consent of or in accordance with the terms of a general authority given by the Minister, be granted by the Authority, either unconditionally or subject to any conditions specified in the licence, and either irrevocably or subject to revocation as therein specified, for the running of any such system falling within subsection (1) of section 15 of this Act as is specified in the licence; and nothing done under, and in accordance with, a licence granted under this subsection shall constitute an infringement of the privilege conferred by that subsection.

A licence granted under subsection (1) of this section may be granted either to any person, to persons of a class or to a particular person, and may include (without prejudice to the power to impose conditions conferred by that subsection) conditions requiring the payment to the Authority of a fee on the grant of the licence or the payment to it of periodic fees during the currency of the licence, or both.

A payment required by virtue of this section to be rendered to the Authority may be recovered by it in any court of competent jurisdiction as if it were a simple contract debt.

The grant of a licence under subsection (1) of this section not being one expressed to be granted to a specified person shall be notified in the Gazette.

No person shall be concerned to inquire whether the grant of a licence under subsection (1) of this section was, or was not, effected with the consent of or in accordance with the terms of a general authority given by the Minister; and the validity of a licence granted under that subsection shall not be impugned on the ground that it was granted neither with the consent of nor in accordance with the terms of a general authority given by him.

Nothing in this section shall prevent the Minister from directing the Authority to issue a licence in any specific case and any person aggrieved by a refusal of the Authority to issue a licence may appeal to the Minister within fourteen days of such refusal and the Minister’s decision thereon shall be final.

If on the occurrence of any public emergency or in the interest of public safety or tranquillity the Minister is of the opinion that the operation of telecommunication (including radio communication) by persons under licence under this section, or the communications so conveyed should be subject to the control of the Government, he may by publication of a notice to that effect in the Gazette and until further notice, subject the operation of such telecommunication in Singapore to such orders, rules or regulations as the Minister may make either before or after the occurrence of the emergency and such orders, rules and regulations may —

For the purposes of this Act and subject to the provisions of this Act, the objects of the Authority shall be —

In discharging the duties imposed on it by subsection (1) of this section, the Authority shall have regard to —

Nothing in this section shall be construed as imposing on the Authority, either directly or indirectly, any form of duty or liability enforceable by proceedings before any court.

Nothing in this section shall be construed as precluding the Authority from interrupting, suspending or restricting any telecommunication service provided by it.

In the discharge of its functions the Authority shall not discriminate between one member of the public and another and shall provide freely available public services where there is demand for such services so as to justify such provision.

Nothing in subsection (5) of this section shall preclude the Authority from providing any special services for a particular member of the public or section of the public where such specialised requirements exist.

The Authority shall have power, in furtherance of its objects under this Act —

For the avoidance of doubt, it is hereby declared that subsection (1) of this section relates only to the capacity of the Authority as a statutory corporation, and nothing in these provisions shall be construed as authorising the disregard by it of any written law.

The provisions of this section shall not be construed as limiting any power of the Authority conferred by or under any subsequent provision of this Act.

Nothing in this section shall be taken to confine the exercise of the powers thereby conferred on the Authority to Singapore.

The Authority may make, as respects any of the telecommunication service provided by it or in respect of the hire or sale of any telecommunication equipment, a scheme or schemes for determining either or both of the following, namely, —

A scheme made under this section may make different provision for different cases or classes of cases determined by, or in accordance with, the provisions of the scheme.

A charge exigible by virtue of this section may be recovered by the Authority in any court of competent jurisdiction as if it were a simple contract debt.

A scheme or any amendment thereof made under this section shall come into operation on such date as is specified therein, not being earlier than the date after that on which publication of the scheme in the Telecommunication Guide by the Authority pursuant to subsection (5) of this section has been effected; and conclusive evidence of a scheme so made may be given, in all legal proceedings whatsoever, by the production of a copy of the Telecommunication Guide purporting to contain it.

The Authority shall from time to time publish a Telecommunication Guide incorporating all information relating to its telecommunication service.

Nothing in this section shall be deemed to prohibit the Authority from levying any charge or collecting any dues for anything done or any service rendered purely by virtue of not being incorporated in a scheme and the rates, charges and fees payable to the Authority in respect of telecommunication service or in respect of the hire or sale of any telecommunication equipment or for any other service rendered shall be in accordance with such charges and fees as may from time to time be laid down by the Authority.

The rates, charges and other fees applied by the Telecommunications Department immediately before the date of the coming into operation of this Act shall continue to be valid as though laid down by the Authority under this section until rescinded, varied or otherwise determined by the Authority.

The Authority shall not be liable in respect of any loss or damage suffered by any person by reason of —

No officer or servant of the Authority (which includes any person duly authorised and performing a function on behalf of the Authority) shall be subject, except at the suit of the Authority, to any civil liability for any loss or damage in the case of which liability of the Authority therefor is excluded by subsection (1) of this section.

The Authority may, from time to time, with the approval of the Minister, borrow money by the issue of debentures or debenture stock, or raise capital by the issue of shares of stock of such class and value and upon such terms as it may think expedient, for all or any of the following purposes: —

The Authority may make rules not inconsistent with the provisions of this Act to provide for such matters in connection with shares, stock, debentures or debenture stock issued under this Act as may appear necessary or expedient to the Authority, and, in particular, for regulating the method of issue, transfer, redemption or other dealing with such shares, stock, debentures or debenture stock.

Subject to the approval of the Minister, the Authority may establish a pension scheme or schemes or a provident fund or funds for the payment of pensions, provident funds or gratuities to officers and servants of the Authority who retire from the service of the Authority or otherwise cease to hold office, by reason of age, or of infirmity of body or mind, or of abolition of office.

The following provisions shall apply to any scheme or provident fund established under this section: —

The revenue of the Authority for any financial year shall be applied in defraying the following charges: —

The balance of the revenue of the Authority shall be applied —

The Authority shall keep proper accounts and other records in respect of its operations, and shall cause to be prepared a statement of accounts in respect of each financial year.

The accounts of the Authority shall be audited by auditors to be appointed annually by the Authority with the concurrence of the Minister.

After the end of each financial year, as soon as the accounts of the Authority have been audited, the Authority shall cause a copy of the statement of accounts to be transmitted to the Minister, together with a copy of any report made by the auditors on that statement or on the accounts of the Authority.

The Minister shall cause a copy of every such statement and report to be presented to Parliament.

The Authority shall, as soon as practicable after the end of each financial year, cause to be made and transmitted to the Minister a report dealing generally with the activities of the Authority during the preceding financial year and containing such information relating to the proceedings and policy of the Authority as the Minister may from time to time direct.

The Minister shall cause a copy of every such report to be presented to Parliament.

The Minister may, after consultation with the Authority, give to it such directions as to the exercise by it of its functions as he thinks fit.

Without prejudice to the provisions of subsection (1) of this section, if it appears to the Minister to be requisite or expedient so to do —

The Authority shall comply with all directions given to it under subsections (1) and (2) of this section.

The Authority shall not disclose any directions given to it under subsections (1) and (2) of this section if the Minister notifies it that he is of opinion that it is against the public interest so to do.

Where any immovable property, not being State land, is needed for the purposes of the Authority and cannot be acquired by agreement, the President may, if he thinks fit, direct the acquisition of such property, and in such case, such property 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 written law that such land is so needed may be made notwithstanding that compensation is to be paid out of the funds of the Authority and such declaration shall have effect as if it were a declaration that such land is needed for a public purpose made in accordance with such written law.

The expenses and compensation in respect of any immovable property acquired under this section shall be paid by the Authority.

Where any immovable property has been acquired under this section, the Authority shall take out the necessary documents of title in respect of such property and shall pay the rent to which such property is subject.

Nothing in this section shall apply to the acquisition of any property in respect of which special provision in that behalf is contained in this Act.

Whenever it appears to the Chairman that it will or probably will be necessary to exercise the powers conferred by this Act upon the Authority in respect of any land other than State land for the purpose of constructing an installation or part of an installation, the Chairman or any person authorised by the Chairman in writing in that behalf may, after not less than twenty-four hours previous notice to the occupier thereof, if any, enter upon such land and may survey and take levels and do all other acts necessary to ascertain the suitability of the land, so far as the same may be possible without causing damage or disturbance.

In the event of any damage or disturbance being caused by reason of such entry pursuant to subsection (1) of this section the Authority shall pay compensation therefor in accordance with the provisions of section 59 of this Act.

Nothing herein contained shall be deemed to authorise any servant or agent of the Authority to cut down or clear away any vegetation or any fence or other erection or to enter into any building or upon any enclosure attached to any building.

Subject as hereinafter provided, whenever it is necessary so to do for the purpose of installing any telecommunication installations and plant under this Act, the Authority may lay, place or carry on, and erect under, upon or over any land, other than State land, or immovable property any telecommunication installations and plant as may be necessary or proper for the purposes of the Authority and may take such other action as may be necessary to render such telecommunication installations and plant safe and efficient, paying full compensation in accordance with the provisions of section 59 of this Act to all persons interested for any disturbance, damage or disability that may be caused thereby; such compensation may include an annual payment for land or other immovable property used for the purpose of the telecommunication installations and plant.

The Authority shall not acquire any right other than that of user only in respect of any land or property under, over, along, across, in or upon which the Authority places any telecommunication installations or plant under the provisions of this section.

Before entering on any land for the purpose specified in subsection (1) of this section, the Authority shall give notice in such form as it may from time to time prescribe stating as fully and accurately as possible the nature and extent of the acts intended to be done. Such notice shall with the permission of the Commissioner of Lands, specify a date upon which the Commissioner of Lands will enquire into any objections that have been made as hereinafter provided.

Such notice shall be given to the owner or occupier of the land and may be sent by registered post or left at the usual or last known place of abode of the person to whom it is to be given or served in the manner hereinbefore provided.

Any of the persons mentioned in subsection (4) of this section may, within fourteen days of the receipt of the notice therein referred to, lodge an objection to the intended acts of the Authority. Such objection may be made to the Commissioner of Lands in writing, and the Commissioner of Lands shall give notice of such objection to the Authority.

If no objection is lodged within the time limited for that purpose by subsection (5) of this section, the Authority may forthwith enter on the land and do all or any of the acts specified in the notice given under subsection (3) of this section.

If an objection is lodged and is not withdrawn before the date fixed for the hearing thereof, the Commissioner of Lands shall hold an enquiry, giving all parties an opportunity to be heard:Provided that the Commissioner of Lands may, instead of holding an enquiry himself, direct a public officer to hold such enquiry on his behalf and to make recommendations to him.

Upon the conclusion of the enquiry or upon receipt of the said recommendations, the Commissioner of Lands may, either unconditionally or subject to such terms, conditions and stipulations as he thinks fit, authorise or prohibit any of the acts mentioned in the notice given under subsection (3) of this section.

The Commissioner of Lands may, if he thinks fit, in lieu of making an order under subsection (8) of this section, direct the acquisition of any land or part of any land included in a notice given under subsection (3) of this section.

The decision of the Commissioner of Lands under this section shall be final.

Except as hereinafter provided, the Authority shall not exercise the powers conferred under section 49 of this Act in respect of any property vested in or under the control or management of any statutory body without the permission of that body.

Any permission given by a statutory body under subsection (1) of this section may be given subject to such reasonable conditions as that body thinks fit to impose as to the payment of any expenses to which the body will necessarily be put in consequence of the exercise of the powers conferred by section 49 of this Act or as to the time or mode of execution of any work or as to any other thing connected with or relative to any work undertaken by the Authority under those powers.

The Authority may, for the purpose of exercising the powers conferred upon it by this Act in respect of any property vested in or under the control or management of a statutory body, alter the position thereunder of any pipe, not being a main pipe for the supply of gas or water, or of any drain, not being a main drain.

When the Authority desires to alter the position of any such pipe or drain, it shall give reasonable notice of its intention to do so, specifying the time at which it will begin to do so to the statutory body, and when the pipe or drain is not under the control of the statutory body to the person under whose control the pipe or drain is.

A statutory body or person receiving notice under subsection (2) of this section may send a person to superintend the work, and the Authority shall execute the work to the reasonable satisfaction of the person so sent.

If any dispute arises between the Authority and a statutory body in consequence of the statutory body refusing the permission referred to in subsection (1) of section 50, or prescribing any condition under subsection (2) of section 50, or in consequence of the Authority omitting to comply with a condition made under subsection (2) of section 50 of this Act, or otherwise in respect of the exercise of the powers conferred by this Act, it shall be determined by such officer as the Minister may appoint either generally or specially in this behalf.

An appeal from the determination of the officer so appointed shall lie to the Minister whose order thereon shall be final.

Where any of the Authority’s telecommunication installations and plant have been laid, placed, carried or erected, on any land under the provisions of section 49 or section 50 of this Act, and any of the persons mentioned in subsection (3) of section 49 of this Act desires to use the land in such manner as to render it necessary or convenient that such telecommunication installations and plant should be removed to another part of the land, or to a higher or lower level, or altered in form, he may require the Authority to remove or alter the telecommunication installations and plant accordingly.

If the Authority omits to comply with the requisition, such person may apply in writing to the Commissioner of Lands who may, in his discretion, after inquiring into all the facts of the case, reject such application or make an order, either absolutely or subject to conditions, for the removal or alteration of the Authority’s telecommunication installations and plant. Such order shall provide for the payment of the cost of executing the removal or alteration by the Authority or by the person making the application, as the Commissioner of Lands may consider equitable in the circumstances of the case.The Commissioner of Lands may, instead of himself enquiring into a case under this subsection, direct a public officer to make such enquiry on his behalf and to make recommendations to him.

Whenever the Commissioner of Lands has made an order for the removal or alteration of any of the Authority’s telecommunication installations and plant the Authority may, instead of removing or altering such telecommunication installations and plant, apply to the Commissioner of Lands to direct the acquisition of such land as is required for the purposes of such telecommunication installations and plant, and the Commissioner of Lands may direct acquisition accordingly.

Whenever the Commissioner of Lands is authorised by this section to direct the acquisition of any land, such land shall be deemed to be required for a public purpose and the provisions of any written law relating to land acquisition shall be put in force accordingly.

Whenever any of the Authority’s telecommunication installations and plant have been laid, placed, carried or erected, on State land by the Authority, and such land is subsequently alienated to any person, the owner or occupier of such land may, unless the terms of alienation expressly provide otherwise, require the removal to another part of the land, or to a higher or lower level, of such telecommunication installations and plant, and subsections (1) to (4) of this section shall apply to any such requisition.

Where an owner of land desires to use his land for purposes of development and he considers it necessary that telecommunication installations and plant that have been laid, placed, carried or erected on his land should be removed therefrom he may request the Authority to remove the same from his land and the Authority shall comply with the request.

Where the Authority undertakes the work of removal pursuant to the request of the owner under subsection (6) of this section the cost of the work of removal shall be borne by the owner making the request. If the owner disputes the cost of the work undertaken the dispute shall be referred to the Commissioner of Lands whose decision thereon shall be final.

Nothing in any written law shall prevent the Authority from proceeding under subsection (1) of section 52 or subsection (1) of section 54 of this Act in respect of any land belonging to any statutory body.

Where, in the opinion of the Authority, there is at any time danger or suspected danger that any tree (which term in this section includes undergrowth) standing or lying near a telecommunication installations and plant may interrupt or interfere with telecommunications or cause damage to any such telecommunication installations and plant, the Authority may cause the tree to be felled or dealt with in such other manner as will, in its opinion, avert the danger.

The Authority in the exercise of its powers under subsection (1) of this section shall be exempted from the operation of the Trees and Plants (Preservation and Improvement of Amenities) Act, 1970 (Act 59 of 1970).

Where a tree, which has been felled or otherwise dealt with under subsection (1) of this section, was in existence before the telecommunication installations and plant was placed, erected or installed, the Authority may pay to any person interested in the tree such sum as may be agreed by way of compensation; and in default of agreement shall report the matter to the Commissioner of Lands, who after giving an opportunity of being heard to all persons interested, shall award, and if necessary shall apportion, such compensation as he thinks reasonable; and such award shall be final.

In the event of the owner or occupier of any land felling or clearing any tree or vegetation adjacent to any telecommunication installations and plant, such owner or occupier shall give to the Authority notice in writing of his intention so to do and shall take all such reasonable precautions as the Authority may require for the protection of such telecommunication installations and plant.

If any such owner or occupier fails to give notice as hereinbefore provided, or having given notice fails to take any such precautions as the Authority may have required, he shall be liable to pay to the Authority all costs and expenses incurred in repairing the line and re-establishing communications; the certificate of the Authority shall be conclusive evidence of the amount of such costs and expenses.

If the amount due for costs and expenses is not paid within seven days after demand the Authority may report the same to a District Judge and such amount may be recovered in the same manner as if it were a fine imposed by a District Court.

If any trees or vegetation are felled or cleared upon land adjacent to any telecommunication installations and plant it shall be presumed until the contrary is proved that such trees or vegetation were felled or cleared by the owner or occupier of the land or by his servants or agents acting as such.

The amount of compensation, if any, payable under the provisions of sections 47, 48, 49 and 54 of this Act shall be assessed by the Commissioner of Lands after such enquiry as he thinks sufficient.

No further compensation shall be allowed under subsection (1) of this section for the felling or lopping of trees or removal of vegetation where such action is necessary for the maintenance of the Authority’s telecommunication installations and plant and such trees and vegetation have grown or been allowed to grow since the payment of compensation under section 47, 48, 49 or 54 of this Act in such a manner as to obstruct or interfere with the Authority’s telecommunication installations and plant.

No compensation under subsection (1) of this section shall be payable by the Authority in respect of any tree within fifty feet of the centre line of any road constructed or maintained by the Government unless it is proved that such tree was in existence prior to the construction of the road.

Any person who is dissatisfied with the Commissioner of Lands’ assessment may appeal to the Minister within fourteen days of such assessment and the decision of the Minister thereon shall be final.

Any person who establishes, maintains or operates a telecommunication system within Singapore or otherwise infringes the privilege conferred upon the Authority by section 15 of this Act or breaches any condition in the licence granted by the Authority under section 17 of this Act shall be guilty of an offence and shall be liable on conviction to a fine not exceeding three thousand dollars and in the case of a continuing offence to a further fine not exceeding five hundred dollars for every day or part thereof during which such telecommunication system is maintained or operated or the breach of the condition of any licence continues after conviction.

In the case of an offence in relation to the telecommunication system not extending beyond Singapore, every person operating the system (or, if different people run different parts of it, each of them) shall be guilty of an offence and liable under this section and in the case of an offence in relation to a telecommunication system extending beyond Singapore, the person or every person operating that portion of such system within Singapore (or, if different people operate different parts of the said system, each of them) shall be guilty of an offence and similarly liable.