State Lands Protection Act 2022

REPUBLIC OF SINGAPORE

GOVERNMENT GAZETTE

ACTS SUPPLEMENT

Published by Authority

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NO. 38]

Friday, December 30

[2022

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The following Act was passed by Parliament on 30 November 2022 and assented to by the President on 27 December 2022:—

State Lands Protection Act 2022

(No. 42 of 2022)

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I assent.

HALIMAH YACOB,

President.

27 December 2022.

Date of Commencement: 1 November 2024

An Act to provide for the protection of State lands generally, to repeal the State Lands Encroachments Act 1883 and to make consequential and related amendments to certain other Acts.

Be it enacted by the President with the advice and consent of the Parliament of Singapore, as follows:

PART 1

PRELIMINARY

Short title and commencement

1.  This Act is the State Lands Protection Act 2022 and comes into operation on a date that the Minister appoints by notification in the Gazette.

General interpretation

2.  In this Act, unless the context otherwise requires —

“animal” means —

(a) any fish, mollusc, crustacea or other form of aquatic life;

(b) any reptile;

(c) any bird;

(d) any livestock or domestic fowl; or

(e) any mammal (other than man);

“authorised officer”, for any provision of this Act, means an individual who is appointed as an authorised officer under section 29 for the purposes of that provision;

“Authority” means the Singapore Land Authority established under the Singapore Land Authority Act 2001;

“Collector” has the meaning given by the Land Revenue Collection Act 1940;

“Commissioner of Lands” means the Commissioner of Lands appointed under section 6(1) of the State Lands Act 1920;

“compliance period”, for an encroachment notice —

(a) means the period specified in the encroachment notice within which the person given the encroachment notice must comply with it; and

(b) includes any extension of that period under section 33, if granted;

“corporation” means any body corporate formed or incorporated or existing in or outside Singapore and includes any foreign company within the meaning of the Companies Act 1967;

“damage” includes to contaminate;

“director” has the meaning given by section 4(1) of the Companies Act 1967;

“encroachment notice” means a notice given under section 12;

“enforcement officer” means an individual who is appointed under section 30 as an enforcement officer;

“erect”, in relation to a structure, includes any work carried out in constructing, installing, creating, replacing, maintaining, renewing or restoring a structure;

“forest product” means the product of trees and other vegetation (such as timber and fruits) that are of economic value;

“goods” means movable property of any kind, and includes —

(a) any sand, soil, rocks, building material or building component;

(b) any device, equipment or machinery or any part of any device, equipment or machinery;

(c) any live animal or insect; and

(d) any packaging, freight container, pallet or like article of transport,

but does not include choses in action;

“holding yard” means a place used by or under the management or control of the Authority for the storage of removed material;

“land” includes —

(a) any structure or premises in, under or over the land; and

(b) any foreshore;

“lawful authority” means with the permission of the Authority, or as required or allowed by or under any written law;

“limited liability partnership” has the meaning given by the Limited Liability Partnerships Act 2005;

“objection” means an objection given under section 15 to an encroachment notice;

“objection period”, for an encroachment notice —

(a) means the period specified in the encroachment notice within which the person given the encroachment notice may give an objection if the person objects to and does not wish to comply with the encroachment notice; and

(b) includes any extension of that period under section 33, if granted;

“offence under this Act” includes an offence under any subsidiary legislation made under this Act;

“park”, in relation to a vehicle or vessel, means as follows:

(a) to bring the vehicle to a stationary position and cause it to wait for any purpose;

(b) to moor the vessel and cause it to be secured in a stationary position on the water;

“partner”, in relation to a limited partnership, includes a limited partner in the limited partnership;

“public authority” means a body established by or under any public Act to perform a public function;

“removed material” means any of the following that is moved or removed by an authorised officer under section 13(2)(a) or (b):

(a) any vehicle or vessel or a part thereof;

(b) any animal (dead or alive);

(c) any waste, goods, structure or other thing;

“repealed Act” means the State Lands Encroachments Act 1883 repealed by this Act;

“State land” has the meaning given by section 3;

“structure” includes any of the following:

(a) a building, including a building constructed of short‑lived materials;

(b) a post, pile, stake, pipe, chain, wire or any other similar thing fixed to the ground;

(c) a dock, wharf or jetty, or a floating structure that is or is to be permanently moored;

(d) a tunnel, foundation or pit, or an underpass or excavation works;

(e) a drain, canal, culvert or lined water channel;

(f) a seawall, revetment, groyne, weir or dyke;

(g) a billboard, signboard, hoarding, fence, partition, sun‑shading device or canopy, an awning or advertising structure, or a platform, safety netting or other temporary structure;

(h) a roof, cladding, curtain wall, bracket, cornice or other exterior feature of a building that is installed on, forms part of or projects outwards from a building;

(i) a road or path;

(j) a flyover, overpass, viaduct or bridge, whether or not only for pedestrians or vehicles;

(k) any works for the reclamation of land that are or are liable to be, or would, but for the reclamation, be or be liable to be, covered wholly or partly by water;

“substance”, in relation to State land, includes earth, stone, clay, gravel, sand, shell, minerals, mineral oil, natural gas and other materials found on, in or forming part of the State land;

“unincorporated association” means a society or body unincorporate which, under any written law, may sue or be sued, or hold property, in the name of an officer of the society or body duly appointed for that purpose;

“vehicle” means any vehicle (whether mechanically propelled or otherwise) that is designed to transport goods, people or goods and people, on land;

“vessel” means a boat, launch or floating craft used in navigation by water, however propelled or moved;

“waste” means any of the following, whether or not recyclable:

(a) any garbage, rubbish or refuse;

(b) any construction debris, demolition debris or renovation debris;

(c) any solid or liquid waste matter (whether domestic or commercial), and includes ashes, any dead animal, landscaping material, and garden cuttings or clippings or other plant matter;

(d) any other material, substance or thing (whether or not of a similar kind) deposited at a place if its size, shape, nature or volume adversely affects the proper use of the place.

Meaning of “State land”

3.—(1)  Subject to subsections (2), (3) and (4), in this Act, State land means land in Singapore —

(a) that is unalienated land;

(b) that vests in the Government or becomes State land because of the operation of this Act, or a declaration or other instrument under another Act, and remains unalienated land;

(c) that is surrendered to the Government by the owner of the land or holder of a lease for that land and remains unalienated land; or

(d) that is the subject of a notification in the Gazette made under the provisions of section 3 or 5 of the Land Acquisition Act 1966 unless the notification is cancelled before possession of the land is taken by a Collector under that Act.

(2)  Land ceases to be State land if —

(a) the land is sold, or lawfully contracted to be sold, and the purchase price or other consideration (if any) for the sale has been received by the Government (or a person on behalf of the Government), regardless of whether —

(i) the purchaser is recorded in the register of titles as the registered proprietor of the land or by the creation of one or more folios for that land; or

(ii) one or more folios for that land is created under the Land Titles Act 1993; or

(b) the land is lawfully contracted to be sold by award of tender and the deposit has been received by the Government or a person on behalf of the Government.

(3)  However, land to which subsection (2)(b) applies becomes State land again if the purchaser fails to complete the purchase.

(4)  None of the following parcels of land is treated as State land for the purposes of this Act:

(a) unalienated land that is set aside under the Parks and Trees Act 2005 as a national park, nature reserve or public park, or as green verges or turfed open spaces to be managed and maintained by the National Parks Board;

(b) unalienated land that is a drainage reserve within the meaning of the Sewerage and Drainage Act 1999;

(c) unalienated land that is within the railway area delineated in plans and maps prepared, amended or replaced under section 5(1) or (5) of the Cross‑Border Railways Act 2018;

(d) unalienated land that is railway premises or a railway within the meaning of the Rapid Transit Systems Act 1995;

(e) a public street within the meaning of the Street Works Act 1995;

(f) a street reserve that is vested in the Government under section 14 of the Street Works Act 1995;

(g) a backlane (within the meaning of the Street Works Act 1995) vested in the Government.

(5)  In this section, “unalienated land” means land in Singapore in respect of which no grant (whether in fee simple or in perpetuity) or lease, and no licence to occupy, is granted or issued, under any of the following:

(a) the Foreshores Act 1920;

(b) the State Lands Act 1920;

(c) the State Lands Ordinance 1886;

(d) the Crown Lands Ordinance 1886.

Purposes of Act

4.  The purposes of this Act are to ensure that State land is protected from damage and improper use so as —

(a) to facilitate the public use and enjoyment of appropriate State land;

(b) to facilitate infrastructure and economic development on State land; and

(c) to support the management of State land in a way that both the land and its resources are sustained in perpetuity.

PART 2

IMPROPER USE OF STATE LAND

Unauthorised activities

5.—(1)  A person commits an offence if the person, without lawful authority, intentionally does any of the following:

(a) occupy or live on State land;

(b) erect a structure on, under or over State land;

(c) clear, dig up or cultivate State land;

(d) interfere with any substance on, in or forming part of State land;

(e) deposit or leave on State land any waste, goods or any other thing (whether or not of a similar kind);

(f) park or leave any vehicle or vessel, or part of a vehicle or vessel, on State land;

(g) damage or enclose State land;

(h) cut, strip, obtain, remove, destroy or damage any vegetation on State land;

(i) dig for, extract, obtain, remove, destroy or damage any forest product from State land;

(j) abandon or release any animal (for which the person is responsible) onto State land;

(k) cause or allow any activity mentioned in paragraph (a), (b), (c), (d), (e), (f), (g), (h), (i) or (j) to be carried out.

(2)  An offence under this section is an arrestable offence.

(3)  In proceedings against an accused for an offence under this section, it is not necessary for the prosecution to prove that the accused knew or had reason to believe that the land where the offence was committed is State land.

(4)  For the purposes of subsection (1)(d), “interfere”, in relation to a substance on, in or forming part of State land, includes remove, cut, dig up, quarry, extract, disturb, displace, or stack and heap, the substance.

Penalty for section 5 offence

6.—(1)  Subject to subsection (2), a person who is guilty of an offence under section 5(1) shall be liable on conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 6 months or to both and, in the case of a continuing offence, to a further fine not exceeding $500 for every day or part of a day during which the offence continues after conviction.

(2)  Where a person commits an offence under section 5(1)(e) —

(a) by depositing or leaving, involving the use of a motor vehicle or vessel, any waste, goods or any other thing (whether or not of a similar kind) on State land without lawful authority; or

(b) by causing or allowing an activity mentioned in paragraph (a) without lawful authority,

and the person is a repeat offender, the person shall be liable on conviction to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 12 months or to both.

(3)  In this section —

“motor vehicle” means a vehicle that —

(a) is propelled wholly or partly by a motor, or by any means other than human or animal power;

(b) has 4 or more wheels; and

(c) is used or intended to be used on any road,

and includes such a motor vehicle that is constructed to drive itself;

“repeat offender”, in relation to any offence under section 5(1)(e), means a person —

(a) who is convicted, or found guilty, of such an offence committed involving the use of a motor vehicle or vessel (called the current offence); and

(b) who has, within the period of 5 years immediately before the date on which the person is convicted or found guilty of the current offence, been —

(i) convicted or found guilty of the same offence committed involving the use of a motor vehicle or vessel (whether or not a continuing offence) on at least one other earlier occasion; or

(ii) convicted or found guilty (whether before, on or after the date of commencement of this section) on at least one other earlier occasion of an offence under section 7(1)(b) of the repealed Act committed involving the use of a motor vehicle or vessel.

Defences

7.—(1)  In proceedings against an accused for an offence under section 5, it is a defence to the charge for the accused to prove, on a balance of probabilities, that the accused did not know, and could not reasonably have been expected to know, that the land concerned was State land.

(2)  In addition, in proceedings against an accused for an offence under section 5 for erecting any structure in any subterranean space that is State land, it is a defence for the person charged to prove, on a balance of probabilities, that —

(a) the person, or the company or association or body of persons of which the person is a director, manager, partner, secretary or other officer, is entitled to exercise rights under the easement of support implied under section 10 of the State Lands Act 1920;

(b) the erecting of the structure is in accordance with section 10 of the State Lands Act 1920; and

(c) the person, or the company or association or body of persons of which the person is a director, manager, partner, secretary or other officer, is authorised by or under the written law for the time being in force relating to planning and use of land to erect the structure.

Additional orders upon conviction

8.—(1)  Without limiting section 359 of the Criminal Procedure Code 2010, the court before which any person is convicted or found guilty of an offence under section 5 in relation to any State land may order that person to pay, in addition to any fine imposed for the offence, to the Authority as agent of the Government —

(a) the value of any substance removed from the State land;

(b) the value of any forest products taken from the State land or damaged or destroyed;

(c) the costs and expenses incurred by the Authority or an authorised officer in connection with —

(i) prevention, control, abatement or mitigation of any damage to the State land caused by the commission of the offence; or

(ii) making good any resulting damage to the State land;

(d) compensation for any loss or damage suffered by the Government by reason of the commission of the offence; or

(e) the costs and expenses incurred by an electricity licensee, a gas licensee or the Public Utilities Board in complying with an order of court under subsection (4)(a), (b) or (c), as applicable.

(2)  Any sum ordered to be paid under subsection (1) may be recovered in the manner provided for the recovery of fines by the Criminal Procedure Code 2010.

(3)  In addition to subsection (1), the court before which any person is convicted or found guilty of an offence under section 5 in relation to any State land may order that person to take such steps, and within such time, as is so specified in order —

(a) to prevent, control, abate or mitigate any damage to the State land caused by the commission of the offence;

(b) to make good any resulting damage to the State land;

(c) to prevent the continuance or recurrence of the offence, such as —

(i) to leave the State land which is the subject of the offence;

(ii) to demolish or remove any structure erected on, under or over the State land, and to dispose of the structure and any resulting debris from the demolition; or

(iii) to remove from the State land any vehicle or vessel (or part thereof), animal (dead or alive), waste, goods or other thing (whether or not of a similar kind); or

(d) to do a combination of anything in paragraphs (a), (b) and (c).

(4)  In addition to subsections (1) and (3), the court before which any person is convicted or found guilty of an offence under section 5 with respect to any State land may order all or any as follows despite any agreement made for the supply of electricity, gas or water:

(a) order an electricity licensee to discontinue the supply of electricity to that person with respect to the State land;

(b) order a gas licensee to disconnect or divert the supply of gas to that person with respect to the State land;

(c) order the Public Utilities Board to stop, divert or turn off the supply of water by severing or disconnecting any pipe or other work through which water is supplied to that person with respect to the State land.

(5)  No criminal or civil liability shall be incurred by —

(a) an electricity licensee, a gas licensee or the Public Utilities Board; or

(b) any person acting on behalf of the electricity licensee, gas licensee or Public Utilities Board,

in respect of anything done or omitted to be done with reasonable care and in good faith in the discharge or purported discharge of the obligations of the electricity licensee, gas licensee or Public Utilities Board (as the case may be) under an order of the court mentioned in subsection (4)(a), (b) or (c).

(6)  In this section —

“electricity licensee” has the meaning given by the Electricity Act 2001;

“gas licensee” has the meaning given by the Gas Act 2001.

Interim injunction before conviction

9.—(1)  Where the Commissioner of Lands has reasonable cause to believe —

(a) that a person is committing an offence under section 5 on any State land; and

(b) that it is necessary or expedient for an interim injunction under this section to be made,

the Commissioner of Lands may apply to a court for an interim injunction, whether or not the Commissioner of Lands has exercised any of his or her other powers under Part 3.

(2)  On an application under subsection (1), the court may make an interim injunction against a person who is alleged to be committing or have committed an offence under section 5 on any State land, if the court is satisfied, on a balance of probabilities —

(a) that the person is committing or has committed an offence under section 5 on the State land;

(b) that due to the commission of that offence —

(i) irreparable damage or harm is or is being, or is likely to be, caused to the State land, or other land adjacent to that State land;

(ii) the State land is in such a condition as to collapse or partially collapse, or to cause a collapse or partial collapse of other land adjacent to that State land; or

(iii) the State land is otherwise dangerous or likely to be otherwise dangerous in any other way to persons on or near the State land;

(c) that it is impracticable in the circumstances of the particular case for proceedings under Part 3 to effectively prevent, alleviate or minimise the damage, collapse or danger mentioned in paragraph (b); and

(d) that it is necessary or expedient for an interim injunction under this section to be made to prevent, alleviate or minimise the damage, collapse or danger mentioned in paragraph (b), before criminal proceedings against the person conclude.

(3)  An interim injunction under this section may be made whether or not it appears to the court that the person intends to continue to commit the offence under section 5.

(4)  An interim injunction may order the person concerned to do, within the time specified in the injunction, all or any of the following as is specified in that injunction, pending criminal proceedings:

(a) to leave the State land;

(b) to demolish or remove any structure erected on, under or over the State land, and to dispose of the structure and any resulting debris from the demolition;

(c) to remove from the State land any vehicle or vessel (or part thereof), animal (dead or alive), waste or goods or any other thing, whether or not of a similar kind;

(d) to stop removing or to not remove from the State land, any goods, substances or forest products or any other thing, whether or not of a similar kind.

(5)  Where the Commissioner of Lands makes an application to a court for the grant of an interim injunction under this section, the court may not require the Authority, as a condition of granting the interim injunction, to give any undertaking as to damages.

Information about unlawful depositing, etc., using vehicle

10.—(1)  Where the driver or a passenger of a motor vehicle is alleged or suspected to be guilty of an offence under section 5(1)(e) —

(a) the owner of the motor vehicle must give any information that the owner may be required to give by an authorised officer or enforcement officer as to the identity and address of the person who, at or about the time of the alleged offence, was the driver or a passenger of the motor vehicle; and

(b) any other person who was or should have been in charge or in control of the motor vehicle at or about the time of the alleged offence must, if so required by an authorised officer or enforcement officer, give any information which it is in that other person’s power to give and which may lead to the identification of the driver or passengers of the motor vehicle at or about that time.

(2)  A person who, without reasonable excuse, fails to comply with subsection (1) within 14 days after the date on which the information was required from the person, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000.

(3)  A person is not excused from giving any information required of the person under subsection (1) on the ground that the disclosure of the information might tend to incriminate the person.

(4)  In subsection (1) —

(a) a reference to a motor vehicle includes a reference to a vessel; and

(b) a reference to a driver of a motor vehicle includes a reference to a pilot of a vessel.

Prosecution does not affect and unaffected by other actions

11.  The prosecution of a person for an offence under section 5 does not affect, and is unaffected by, any other proceeding or action taken under any other Part of this Act in relation to the conduct giving rise to the offence.

PART 3

PROCEEDINGS TO STOP ENCROACHMENT

Encroachment notice

12.—(1)  If an authorised officer has reasonable cause to believe that a person is committing an offence under section 5 on any State land, the authorised officer may give the person an encroachment notice relating to the State land.

(2)  An encroachment notice relating to any State land may direct the person to whom it is given, to do all or any of the following as is specified in the notice:

(a) to leave the State land;

(b) to demolish or remove any structure erected on, under or over the State land, and to dispose of the structure and any resulting debris from the demolition;

(c) to remove from the State land, any vehicle or vessel (or part thereof), any animal (dead or alive), waste or goods, or any other thing, whether or not of a similar kind;

(d) to stop removing or to not remove from the State land, any goods, substances or forest products or any other thing, whether or not of a similar kind;

(e) to do, or to refrain from doing, any works that are specified in the encroachment notice in order —

(i) to rectify any damage to the State land as a result of; or

(ii) to restore the State land to its state before,

any unlawful activity mentioned in section 5 done by the person, or caused or allowed by the person.

(3)  An encroachment notice relating to any State land must state —

(a) the period —

(i) within which the person must comply with the encroachment notice (called in this Act the compliance period); and

(ii) within which the person may give an objection if the person objects to and does not wish to comply with the encroachment notice (called in this Act the objection period);

(b) that any thing or works required to be done must be carried out with due diligence to the satisfaction of the Commissioner of Lands; and

(c) that failure to comply with the encroachment notice is an offence and may result in proceedings under this Act being taken against the person unless an objection is given in accordance with this Act.

(4)  The objection period for an encroachment notice must not be longer than the compliance period for that encroachment notice.

(5)  A person who —

(a) is given an encroachment notice; and

(b) does not give an objection within the objection period for the encroachment notice,

must take, so far as is reasonably practicable and at the person’s cost, such steps as are necessary to comply with the encroachment notice within the compliance period for that notice.

(6)  A person who, without reasonable excuse, fails to comply with subsection (5) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000.

Authority may carry out encroachment notice

13.—(1)  Subject to section 15, where a person who is required by section 12(5) to comply with an encroachment notice relating to any State land, fails to do so within the compliance period and does not give the Authority an objection to that encroachment notice within the objection period, the Authority may do all or any of the following:

(a) carry out, or cause to be carried out, all or any thing or work specified in the encroachment notice;

(b) direct the person to deposit (within a period that the Authority may specify, being at least 7 days after the direction is given) an amount with the Authority that the Authority considers necessary for the purpose of paragraph (a).

(2)  Without limiting subsection (1), an authorised officer may, with any assistance that the officer considers necessary for the purpose of exercising a power under subsection (1)(a) —

(a) demolish or remove any structure erected on, under or over the State land, and then move or remove from the State land the structure to store at a holding yard and dispose of the resulting debris from the demolition;

(b) move or remove from the State land any vehicle or vessel (or part thereof), any animal (dead or alive), waste or goods or any other thing (whether or not of a similar kind) by any reasonable means to store at a holding yard, including by towing the vehicle, vessel, goods or thing to a holding yard;

(c) use reasonable force, including cutting or breaking open any lock, seal, fastener or other device on or connected to any vehicle or vessel (or part thereof), any animal (dead or alive), waste, goods, structure or other thing (whether or not of a similar kind) mentioned in paragraph (a) or (b); or

(d) carry out any works specified in the notice in order to rectify any damage to or to otherwise restore the State land concerned.

(3)  The power conferred on an authorised officer under subsection (2)(b) may be exercised whether or not the owner, driver, rider or person in charge of the removed material is present at the time of its removal.

(4)  When any removed material is moved or removed by an authorised officer under subsection (2)(a) or (b), the officer concerned must as soon as practicable give notice of the moving or removal and the grounds of doing so to the owner of that removed material, if known, except that the notice is not required to be given where the moving or removal is made in the presence of the owner or the owner’s agent.

(5)  Where it appears to the Commissioner of Lands that any removed material —

(a) is perishable;

(b) may rapidly depreciate in value; or

(c) is of such a nature or in such condition that it would be dangerous, not reasonably practicable or unduly costly for the Authority to retain custody of the removed material,

the Commissioner of Lands may, instead of storing the removed material at a holding yard, cause it —

(d) to be sold (by public auction or otherwise) at once and the proceeds of sale to be paid into the Consolidated Fund; or

(e) to be destroyed or otherwise disposed of at such time and in such manner as the Commissioner of Lands thinks fit.

(6)  If a person who appears, to the satisfaction of the Commissioner of Lands, to be the owner of any removed material moved or removed under subsection (1) and not to be a person in default with complying with the encroachment notice concerned, claims —

(a) after that removed material has been sold, destroyed or disposed of under subsection (5); but

(b) before the end of one year starting the date the removed material was moved or removed under subsection (1),

the Authority may compensate, out of the funds of the Authority, the person for the loss of the removed material, less reasonable costs and expenses incurred by the Authority in storing and selling, destroying or disposing of the removed material.

Recovery of expenses for executing encroachment notice

14.—(1)  All expenses reasonably incurred by the Authority in relation to the execution of any thing or work under section 13(1) in respect of State land and section 13(2) (including storing of any removed material) are recoverable from the person in default starting the date on which the thing or work is completed.

(2)  The Commissioner of Lands —

(a) may certify the expenses due under this section and the names of the persons liable for the expenses; and

(b) may apportion the expenses among the persons named in the certificate.

(3)  A copy of the certificate mentioned in subsection (2) must be given to every person named in the certificate.

(4)  If any sum or any part of the sum due to the Authority under this section remains unpaid at the end of one month starting the date the certificate under subsection (3) is given, or any further period that the Authority may allow, the sum or part is deemed to be arrears.

(5)  A certificate purporting to be made under subsection (2) by the Commissioner of Lands is prima facie evidence of the facts certified in the certificate and that the Commissioner of Lands had made the certificate.

(6)  The Authority must refund the deposit or any part of the deposit, after deducting any costs and expenses reasonably incurred by the Authority, if the thing or work required to be executed by the encroachment notice has been executed to the satisfaction of the Commissioner of Lands.

Objection procedure

15.—(1)  A person to whom an encroachment notice is given in respect of any State land may, within the objection period for the encroachment notice, give the Authority an objection in writing (called in this Act an objection) objecting to the encroachment notice.

(2)  An objection must —

(a) be signed by the person who makes it; and

(b) state the basis for the person’s authority to do the following, whichever is applicable:

(i) to occupy or live on the State land in question;

(ii) to erect any structure on, under or over the State land;

(iii) to carry on, or cause or allow, any activity mentioned in section 5(1)(c), (d), (e), (f), (g), (h), (i) or (j);

(iv) to claim an interest in any structure on, under or over the State land.

Proceedings upon objection

16.—(1)  On receiving an objection to an encroachment notice relating to State land, an authorised officer may make a complaint to a Magistrate under section 151 of the Criminal Procedure Code 2010.

(2)  Sections 153, 154 and 156 of the Criminal Procedure Code 2010 apply to proceedings regarding a complaint mentioned in subsection (1) subject to this Act.

(3)  Where any proceedings regarding a complaint mentioned in subsection (1) have started and any party to the proceedings claims that that party has title to the State land in question, that party may, at any time in those proceedings, apply to the Magistrate to stay the proceedings on the ground that the party intends to commence proceedings in the General Division of the High Court for a determination of that party’s claim.

(4)  Upon an application under subsection (3), the Magistrate must, if he or she is satisfied that the claim is genuine, make an order, upon any terms that he or she thinks fit, staying the proceedings regarding a complaint mentioned in subsection (1), pending the determination of the claim by the General Division of the High Court.

PART 4

RESUMPTION OF LAND

Forfeiture of abandoned land

17.  Subject to section 18, any land that has been abandoned for 3 years or more by —

(a) the person to whom the land was alienated or demised by or on behalf of the State; or

(b) any person claiming title through a person in paragraph (a),

shall be forfeited to the State even though some person may be found in occupation of the land or of any part of that land.

Resumption procedure

18.—(1)  A Collector may, with the approval of the Minister, declare in writing that any land that has been abandoned for 3 years or more by —

(a) the person to whom the land was alienated or demised by or on behalf of the State; or

(b) any person claiming title through a person in paragraph (a),

is liable to forfeiture to the State.

(2)  Once a declaration is made under subsection (1) with respect to any land, the Collector must cause to be published a notice of the making of the declaration (called in this section a resumption notice) without delay in the Gazette.

(3)  Failure to publish a resumption notice in respect of any declaration under subsection (1) does not invalidate the declaration.

(4)  If, at the end of 3 months after the day on which a resumption notice is published in accordance with subsection (2) with respect to any land —

(a) there is no person who appears, to the satisfaction of the Collector, to have a claim to the land or to any interest in the land; or

(b) there is such a person but that person has not exercised the person’s right to recover possession of that land by a claim,

that land is deemed forfeited to the State immediately after the end of that period of 3 months; and any grant or lease affecting, and any deed purporting to deal with, the land or any part of the land that is forfeited to the State under this section is void insofar as it relates to that land or part thereof.

(5)  The Collector must cause to be published a notice that the land is forfeited to the State under subsection (4) —

(a) in the Gazette; and

(b) in any other manner that will secure adequate publicity for the fact of forfeiture of that land.

Limitation of claim for compensation

19.  If, within a period of 6 years after the date of forfeiture of any land under section 18, any person establishes a claim to the land or to any interest in the land to the satisfaction of the Authority, that person is entitled to receive out of the Consolidated Fund any sum that the Minister may direct, which sum cannot exceed the appraised value of that land as at the date the notice mentioned in section 18(5)(a) concerning the land was published.

No adverse possession of State land

20.  No State land shall be acquired by possession or unlawful occupation, and the provisions of the Limitation Act 1959 shall not apply to any action brought by the Government for the recovery of State land.

PART 5

ENFORCEMENT

Division 1 — Powers

Purpose for which enforcement powers are exercisable

21.—(1)  Subject to Part 6, an authorised officer and an enforcement officer may exercise the powers set out in this Part for any of the following purposes:

(a) to determine compliance with this Act, including ascertaining whether an offence under this Act has been committed, is being committed or is about to be committed;

(b) to determine whether information provided to the Authority or an authorised officer or enforcement officer under this Act is correct;

(c) to ascertain whether any of the powers conferred by or under this Act on the Authority should or may be exercised.

(2)  To avoid doubt, nothing in this Part limits section 31 of the Singapore Land Authority Act 2001 with respect to an offence under this Act.

Power to enter and inspect

22.—(1)  An authorised officer or enforcement officer may, without warrant, enter, at all reasonable times, and remain on State land, or any other land in or from which the officer has reasonable grounds to suspect that an offence under this Act may be committed, and do all or any of the following:

(a) to examine any thing or observe any activity conducted in or on the land in question without involving any search of any premises, thing or person, or any seizure (without warrant) of any thing, in or on that land;

(b) to make a sketch, photograph or still or moving image, or an audio or a video recording, of the land in question and any thing in or on that land;

(c) to make measurements of the land in question and any thing in or on that land;

(d) to take samples of water, soil, vegetation or other similar substances from the land in question and any thing in or on that land for the purposes of analysis;

(e) to inspect any document in or on the land and take extracts from, or make copies of, any such document, without paying any fee;

(f) to operate electronic equipment in or on the land;

(g) to secure a thing for a period not exceeding 24 hours if the thing is found in or on the land, where the authorised officer or enforcement officer believes on reasonable grounds that —

(i) the thing is evidential material relevant to an offence under this Act; and

(ii) it is necessary to secure the thing in order to prevent it from being concealed, lost or destroyed before a warrant to seize the thing is obtained;

(h) under warrant of court, to seize any thing found in or on the land which the authorised officer or enforcement officer reasonably suspects is as described in paragraph (g)(i);

(i) to take into or onto the land any equipment and materials that the authorised officer or enforcement officer requires for the purpose of exercising powers under this Part in relation to the land.

(2)  The power under subsection (1)(f) to operate electronic equipment in or on any land includes the power —

(a) to use a disk, tape or other storage device that is in or on the land and can be used with the equipment or in association with the equipment;

(b) to operate electronic equipment in or on the land to put the relevant data in documentary form and remove the documents so produced from the land; and

(c) to operate electronic equipment in or on the land to transfer the relevant data to a disk, tape or other storage device that —

(i) is brought to the premises for the exercise of the power; or

(ii) is in or on the land and the use of which for that purpose has been agreed in writing by the occupier of the land,

and to remove the disk, tape or other storage device from that land.

(3)  The power under subsection (1)(g) to secure any thing which is found during the exercise of enforcement powers in or on any land includes the power —

(a) to secure the thing by locking it up, placing a guard or any other means; and

(b) to prohibit any person from dealing with such thing.

(4)  The power under subsection (1)(h) to seize any thing under warrant includes the power to seize any thing which is similarly so found that is not evidential material of the kind specified in the warrant if —

(a) in the course of searching for the kind of evidential material specified in the warrant, the enforcement officer finds the thing; and

(b) the thing is evidential material for another offence under this Act.

(5)  In this section, “thing” may include a vehicle, vessel, material or an article.

Power to obtain documents and information

23.—(1)  Subject to Part 6, an authorised officer or enforcement officer may, in relation to any offence under this Act, by written notice require any person whom the officer has reason to believe to be acquainted with any facts or circumstances relevant to the reasonably suspected commission of the offence, to do any of the following within a reasonable period specified in the notice:

(a) to provide, in a form and manner that may be specified in the notice, all documents and information that —

(i) are within the knowledge of the person; or

(ii) are in the custody or under the control of the person;

(b) to attend before an authorised officer within the limits of Singapore to answer questions or provide documents or information or both.

(2)  The power to require a person to provide any document or information under subsection (1) includes the power —

(a) to require that person to provide an explanation of the document or information;

(b) if the document or information is not provided, to require that person to state, to the best of the person’s knowledge and belief, where it is; and

(c) if the information is recorded otherwise than in legible form, to require the information to be made available to the authorised officer or enforcement officer in legible form.

(3)  Any statement made by any individual in answer to a question under subsection (1)(b) must —

(a) be reduced to writing;

(b) be read over to the individual;

(c) if the individual does not understand English, be interpreted in a language that the individual understands; and

(d) after correction (if necessary), be signed by that individual.

(4)  The Authority is entitled without payment to keep any document or information, or any copy or extract thereof, provided to an authorised officer or enforcement officer under subsection (1).

(5)  A person —

(a) who intentionally alters, suppresses or destroys any document or information which the person has been required by an authorised officer or enforcement officer under subsection (1) to provide; or

(b) who, in providing any document or information required by an authorised officer or enforcement officer under subsection (1), makes any statement which the person —

(i) knows or ought reasonably to know that; or

(ii) is reckless as to whether,

it is false or misleading,

shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both.

(6)  Subsection (5) does not apply if the document or information is not false or misleading in a material particular, or if the document or information does not omit any matter or thing without which the document or information (as the case may be) is misleading in a material particular.

(7)  A person who, without reasonable excuse, fails to do anything required of the person by an authorised officer or enforcement officer under subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000.

(8)  However, in any proceedings for an offence under subsection (7), it is a defence for the accused to prove, on a balance of probabilities, that —

(a) the person does not possess the document or information required; and

(b) the person has taken all reasonable steps available to the person to obtain the document or information required and has been unable to obtain it.

(9)  To avoid doubt, for the purposes of subsection (7), it is a reasonable excuse for a person to refuse or fail to provide any information, produce any document or answer any question if doing so might tend to incriminate that person.

Power to obtain disclosure of identity

24.—(1)  Subject to Part 6, an authorised officer or enforcement officer who has reasonable grounds to suspect that an individual in, on or near any State land has committed, is committing, or is attempting to commit, an offence under this Act in relation to the State land may —

(a) request the individual to state his or her name and residential address; and

(b) if it is suspected on reasonable grounds that the name or address given in response to the request is false, require the individual to produce evidence of its correctness, including proof of identity.

(2)  An authorised officer or enforcement officer may detain an individual mentioned in subsection (1) only for so long as is reasonably necessary for the purposes of this section.

(3)  An individual commits an offence if he or she, without reasonable excuse —

(a) refuses or fails to comply with a request under this section; or

(b) in response to the request, gives a name that is false in a material particular, or gives an address other than the individual’s full and correct residential address.

(4)  An individual who is guilty of an offence under subsection (3) shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 6 months or to both.

Division 2 — Supplementary

Disposal of seized or removed vehicles, etc.

25.—(1)  Any removed material moved or removed and any other thing seized under this Act —

(a) must be dealt with in accordance with section 364(1) of the Criminal Procedure Code 2010 where the removed material or other thing is produced in any criminal trial;

(b) is deemed to be forfeited to the Authority where the owner of the removed material or other thing consents to its disposal; or

(c) in any other case, must be returned to the owner or reported to a Magistrate’s Court,

unless section 13(5) applies.

(2)  Where the report of any removed material and any other thing is made to a Magistrate’s Court under subsection (1)(c), sections 370, 371 and 372 of the Criminal Procedure Code 2010 apply, with the necessary modifications.

(3)  Subject to any order to the contrary by the Magistrate’s Court, any removed material or other thing forfeited or deemed to be forfeited under this section must be delivered to the Authority and may be disposed of in any manner that the Authority thinks fit.

Obstructing authorised officers, etc.

26.—(1)  A person who —

(a) intentionally fails to do anything required of the person under section 22(1) by an authorised officer or enforcement officer; or

(b) knowingly obstructs or prevents, or attempts to obstruct or prevent, an authorised officer or enforcement officer in the discharge of the officer’s powers or duties under this Act,

shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both.

(2)  A person who, without the permission of an authorised officer —

(a) intentionally or dishonestly removes or attempts to remove any immobilisation or other device or cordon affixed or placed under section 22(1)(g) to secure any thing that is evidential material of an offence under this Act; or

(b) intentionally or dishonestly removes or tampers with —

(i) any encroachment notice given by an authorised officer or enforcement officer; or

(ii) any summons for criminal proceedings arising from a complaint made by an authorised officer under section 16(1),

after the notice or summons is affixed on the land in accordance with section 37(5) or (6), as the case may be,

shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both.

(3)  It is not an offence under subsection (1) for any person to refuse to comply with any request, demand or order made or given by any authorised officer or enforcement officer who fails to declare his or her office and refuses to produce his or her identification card on demand being made by that person.

Composition of offences

27.—(1)  An authorised officer or enforcement officer specially authorised by the Authority for this purpose may compound any offence under this Act that is prescribed as a compoundable offence, by collecting from a person reasonably suspected of having committed the offence a sum not exceeding the lower of the following:

(a) one half of the amount of the maximum fine that is prescribed for the offence;

(b) $5,000.

(2)  On payment of the sum of money, no further proceedings are to be taken against that person in respect of the offence.

(3)  All sums collected under this section must be paid into the Consolidated Fund.