Telecommunication Authority of Singapore Bill

“auditor” means a person approved as a company auditor under section 8 of the Companies Act (Cap. 185) and includes the Auditor-General;

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

“Authority’s installations” means the telecommunication installations owned by the Authority;

“Chairman” means the Chairman of the Authority appointed under paragraph 1 of the First Schedule and includes any temporary Chairman appointed under paragraph 5 of that Schedule;

“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 paragraph 2 of the First Schedule and includes any temporary Deputy Chairman appointed under paragraph 5 of that Schedule;

“domestic service” means a telecommunication service enabling communication between parties within Singapore;

“financial year” means a period of twelve months beginning on the 1st day of April and ending on the 31st day of March in any year except that for the year of incorporation of the Authority the financial year shall mean the period from the date of incorporation and ending on the 31st day of March next;

“General Manager” means the General Manager appointed under section 10 and includes any person acting in that capacity;

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

“member of the Authority” includes the Chairman and the Deputy Chairman;

“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;

“private safety” means the obviation of danger to individuals or to private property;

“public officer” means a person holding any office of emolument under the Government;

“public safety” means the obviation of danger to the general public, to public property and to roads, streets, railways, canals, docks, wharves, piers, bridges, gasworks, waterworks and their appurtenances, and to telegraphic, telephonic and other electrical signalling lines;

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

“statutory body” means a body constituted under any written law as an agency or instrument of the Government;

“STB” means the Singapore Telephone Board established under the repealed Singapore Telephone Board Act (Cap. 85);

“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 and includes any road, footway or passage, court or alley, used or intended to be used as a means of access to two or more holdings, whether the public have a right of way thereover or not;

“subscriber” means any party to a telecommunication contract with the Authority;

“TAS” means the Telecommunication Authority of Singapore established under the repealed Telecommunication Authority of Singapore Act, 1972 (Act 2 of 1972);

“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;

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

“telecommunication installations and plant” includes all buildings, land, interests in land, exchanges, machinery, apparatus, equipment, plant, cables, poles, lines, vehicles and all other appliances 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 or outside Singapore;

“telecommunication system” means any telecommunication installations 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” shall have the meaning assigned to it in the Merchant Shipping Act (Cap. 172).

Upon 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) 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 22 shall not be infringed by —

The privilege conferred by subsection (1) of section 22 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 22 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) may be granted either to any person, class of persons or 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) not being one expressed to be granted to a specified person shall be notified in the Gazette.

No person shall question whether the grant of a licence under subsection (1) 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 the Minister.

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 communication 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 —

Any person who removes, destroys or damages, whether wilfully or otherwise, any of the Authority’s telecommunication installations and plant shall be liable to pay full compensation for the damage he has done and such compensation shall be recoverable by civil action or suit before any court of competent jurisdiction.

Without prejudice to the provisions of subsection (1), any court before which a person is charged with an offence under this Act may assess the compensation payable under this section and may make an order for the payment of the same. Any such order may be enforced as if it were a judgment in a civil action or suit.

Nothing in this Act shall apply to —

In this section, the expressions “broadcasting station” and “broadcasting apparatus” shall have the same meanings as are assigned to them in the Broadcasting and Television Act.

Any scheme, contract, document, licence, permission or resolution, prepared, made, granted or approved under the Singapore Telephone Board Act or the Telecommunication Authority of Singapore Act, 1972 shall, except where otherwise expressly provided in this Act or in any other written law, continue and be deemed to have been prepared, made, granted or approved by the Authority under the corresponding provisions of this Act.

Any subsidiary legislation made under any of the enactments repealed by section 76 and in force immediately before the date of the coming into operation of this Act shall, so far as it is not inconsistent with the provisions of this Act, continue in force as if made under this Act until it is revoked or replaced by subsidiary legislation made under this Act.

All acts done by STB and TAS before the date of the coming into operation of this Act shall continue to remain valid and applicable as though done by the Authority under this Act until such time as invalidated, revoked, cancelled or otherwise determined by the Authority.

Where any thing has been commenced by or on behalf of STB or TAS before the date of the coming into operation of this Act, such thing may be carried on and completed by, or under the authority of the Authority.

In any written law, any reference to STB or TAS shall be construed as a reference to the Authority.

It shall be the function and duty of the Authority —

In discharging the duties imposed on it by subsection (1), 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 discharging its functions, the Authority shall not discriminate between one member of the public and another and shall provide freely available public service where there is demand for such service so as to justify such provision.

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

Subject to the provisions of this Act, the Authority may carry on such activities as appear to the Authority to be advantageous, necessary or convenient for it to carry on for or in connection with the discharge of its functions and duties under this Act and, without prejudice to the generality of the foregoing, the Authority may exercise all or any of the powers specified in the Second Schedule.

Notwithstanding the provisions of subsection (1), the Authority may, with the approval of the Minister, carry on such other activities as the Authority may, from time to time, consider expedient.

The provisions of this section shall not be construed as limiting any power of the Authority conferred by or under any other written law.

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

Without prejudice to the provisions of subsection (1), 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).

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

The Authority shall, with the approval of the Minister, appoint a General Manager on such terms and conditions as the Authority may determine.

The General Manager shall —

The Minister shall consult the Public Service Commission before granting his approval under subsection (1) or before giving his consent under paragraph (c) of subsection (2).

If the General Manager is temporarily absent from Singapore or temporarily incapacitated by reason of illness or for other reasons temporarily unable to perform his duties, a person may be appointed by the Authority to act in the place of the General Manager during any such period of absence from duty.

The Authority may, from time to time, appoint and employ on such terms and conditions as the Authority may determine such numbers of employees as may be necessary for the purposes of this Act.

The termination of appointment, dismissal and disciplinary control of all employees of the Authority shall be vested in the Authority.

The Authority may, with the approval of the Minister, make regulations not inconsistent with the provisions of this Act regarding the appointment, promotion, disciplinary control and terms and conditions of service of all persons employed by the Authority.

Without prejudice to the generality of subsection (1) the Authority shall, with the approval of the Minister, determine the rates of remuneration payable to persons employed by the Authority, and no person so employed shall be paid otherwise than in accordance with such rates.

Subject to the approval of the Minister, the Authority may make regulations for the establishment of a pension scheme or schemes or a provident fund or funds for the payment of pensions, gratuities, provident fund or other superannuation benefits to such employees or classes of employees of the Authority as it may determine, or to their legal personal representatives or dependants, on the death or retirement of such employees from the service of the Authority or on their otherwise leaving the service of the Authority.

The following provisions shall apply to any pension scheme or provident fund established under 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 or stock of such class and value and upon such terms as it may deem 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.

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 —

“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 vested in STB or TAS, or in any person for and on behalf of STB or TAS;

“transferred undertaking” means the telecommunication installations and plant and the undertaking in connection therewith vested in the Authority by virtue of section 26.

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 STB or TAS immediately before the date of the coming into operation of this Act, shall be transferred to the service of the Authority on terms which are the same as those enjoyed by him immediately prior to his transfer.

Until such time as regulations are drawn up by the Authority, the regulations relating to the schemes and terms and conditions of service in STB and TAS shall continue to apply to every person transferred to the service of the Authority under subsection (1) as if he were still in the service of STB or TAS, as the case may be.

Where any person who is transferred to the service of the Authority under this section 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.

Where any person who is transferred to the service of the Authority under this section was an employee of the Government transferred to the service of TAS under the provisions of the Telecommunication Authority of Singapore Act, 1972 (Act 2 of 1972) and such person continues to enjoy pension benefits payable under the Pensions Act (Cap. 55) while he is in the service of TAS and the Authority —

Where, on the date of the coming into operation of this Act, any disciplinary proceedings were pending before STB or TAS, the proceedings shall be taken up and continued under and in conformity with the provisions of this Act and so far as consistently may be; but where, on the date of the coming into operation of this Act, any matter was in the course of being heard or investigated by STB or TAS or had been heard or investigated by STB or TAS but no order or decision had been rendered thereon, STB or TAS shall continue to exist, notwithstanding this Act, for the purpose of completing the hearing or investigation and the making of an order or rendering a decision, as the case may be.

For the purposes of completing a hearing or investigation before it, or making an order or rendering a decision on a matter heard or investigated before the date of the coming into operation of this Act, STB or TAS shall complete the hearing or investigation in accordance with the authority vested in STB or TAS immediately before the date of coming into operation of this Act and make such order, rule or direction as STB or TAS should have made under the authority vested in it immediately before the date of the coming into operation of this Act.

An order, rule or direction made or given by STB or TAS pursuant to this section shall be entered as an order, rule or direction of the Authority and have the same force or effect as if it had been made or given by the Authority pursuant to the authority vested in the Authority under this Act.

For the avoidance of doubts it is hereby declared that where a person who is transferred to the service of the Authority pursuant to section 30 has been guilty of misconduct or neglect of duty whilst he was in the employment of STB or TAS which would render him liable to be reprimanded, reduced in rank, retired, dismissed or punished in some other manner by STB or TAS or other person acting under their authority or direction, such misconduct or neglect of duty shall be deemed to have taken place whilst he was in the employment of STB or TAS which would render him liable to be reprimanded, reduced in rank, retired, dismissed or punished in some other manner by STB or TAS or other person acting under their authority or direction, such misconduct or neglect of duty shall be deemed to have taken place whilst such person was employed by the Authority.

The Authority may reprimand, reduce in rank, retire, dismiss or punish in some other manner such person for such misconduct or neglect of duty as if the misconduct or neglect of duty took place whilst such person was employed by the Authority.

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

A scheme made under this section may make different provisions 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) 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 the fees applied by STB and TAS 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 in fixing charges and fees in respect of telecommunication service or in respect of the hire or sale of any telecommunication equipment shall not show preference as between subscribers similarly situated.

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).

Where any immovable property, not being State land, is needed for the purpose 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.

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 Authority 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 a telecommunication installation or part of a telecommunication installation, the Authority or any person authorised by the Authority in writing in that behalf may, after giving 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 the Authority shall pay compensation therefor in accordance with the provisions of section 52.

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, 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 compensation in accordance with the provisions of section 52 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), the Authority shall give notice stating as fully and accurately as possible the nature and extent of the acts intended to be done. Such notice shall be substantially in the form set out in the Fourth Schedule and may, with the permission of the Commissioner of Lands, specify a date upon which the Commissioner of Lands will inquire 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) 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), the Authority may forthwith enter on the land and do all or any of the acts specified in the notice given under subsection (3).

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).

The Commissioner of Lands may, if he thinks fit, in lieu of making an order under subsection (8), direct the acquisition of any land or part of any land included in a notice given under subsection (2).

The decision of the Commissioner of Lands under this section 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 45 or 46, and any of the persons mentioned in subsection (4) of section 46 or any person to or by whom such land is subsequently alienated or occupied 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 enquiring 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) shall apply to any such requisition. The costs of executing such removal shall be defrayed by the person making the 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) 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.

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) near any telecommunication installations and plant may interrupt or interfere with telecommunication 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) shall be exempted from the provisions 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), was in existence before the telecommunication installations and plant were placed, erected or installed, the Authority may pay to any person adversely affected such sum as may be agreed by way of compensaion; 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 so adversely affected, 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 provided under subsection (4) or having given notice fails to take any such precautions as the Authority may have required, he shall be liable to pay 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 such amount may be recovered in the same manner as if it were a debt incurred under a contract.

If 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 44, 45, 46 and 47 shall be assessed by the Commissioner of Lands after such enquiry as he shall deem sufficient.

No further compensation shall be allowed under subsection (1) 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 sections 44, 45, 46 and 47 in such manner as to obstruct or interfere with the Authority’s telecommunication installations and plant.

No compensation under subsection (1) shall be payable by the Authority in respect of any tree within twenty metres of the centre line of any road constructed or maintained by the Government or by any local authority 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 within fourteen days of such assessment to the Minister whose decision 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 22 or commits a breach of any condition in the licence granted by the Authority under section 24 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 is continued 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 shall be 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 shall be similarly liable.

No person shall —

Where a body corporate is guilty of an offence under this section and that offence is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or any person who was purporting to act in any such capacity, he, as well as the body corporate, shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

Any person who is in possession of any radio-communication equipment or apparatus intended for transmitting or receiving communications by radio-communication shall be deemed, until the contrary is proved, to have operated the same.

The occupier of any dwelling-house or premises in which is installed any radio-communication equipment or apparatus for transmitting or receiving communications by radio-communication in respect of which a licence is not in force shall be guilty of an offence under this section.

It shall be a defence to a prosecution for an offence under subsection (4) that the occupier was not aware and could not with reasonable diligence have become aware of the existence in the dwelling-house or premises of the radio-communication apparatus in question.