PART 2 | Power to construct and improve streets |
5.—(1) The Authority, with the Minister’s approval, may —| (a) | construct new streets; | | (b) | turn, divert, expunge or stop up any public street; | | (c) | widen, open or otherwise improve any street; and | | (d) | build toll gates, substations, control centres and other road related facilities. |
| (2) Despite subsection (1), the Minister’s approval is not required if the works to be carried out are confined within the existing width of any public street. |
| (3) The exercise of any power under this Act for a purpose in subsection (1) is subject to Part 2 of the Active Mobility Act 2017 if the public street is or is to be a public path under that Act. [3/2017] |
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| Public streets and bridges vested in Government |
| 6. All public streets, public surface and storm water drains, public bridges, underpasses and tunnels and the road pavements and road related facilities thereon, are vested in the Government. |
| Power to enter State land to construct and maintain road structures and road related facilities |
| 7. For the purpose of constructing and maintaining the road structures and road related facilities in, under or over any State land, the Authority or any person authorised by the Authority may, at any reasonable time, enter upon any State land within or adjoining the street reserve and do all things as are reasonably necessary for the construction and maintenance of the road structures and road related facilities. |
| Power to order stoppage of activity causing damage to public street |
8.—(1) Where the Authority is of the opinion that the carrying out of any activity on any land adjoining a public street has caused or is likely to cause the public street or any part thereof to be in a dangerous or defective condition, the Authority or any person authorised by the Authority may —| (a) | by notice require the person who carried out or who is carrying out the activity to repair the public street at the person’s own expense within such time as may be specified in the notice; | | (b) | repair and make good the damage done or cause remedial action of a preventive nature to be effected, and all costs and expenses arising therefrom must be paid to the Authority by the owner of the land or person who carried out the activity; | | (c) | by notice require the person carrying out the activity —| (i) | to stop carrying out the activity until the person has deposited with the Authority any sum that may be required for causing the public street to be properly repaired; and | | (ii) | to comply with any conditions that the Authority may think fit to impose for the person to continue the activity; or |
| | (d) | where it is in the opinion of the Authority necessary or expedient that action should be taken to procure the immediate stoppage of the activity, enter upon the land on which the activity is being carried out and order the person carrying out the activity to forthwith stop carrying out the activity. |
| (2) If the person who is liable to pay costs and expenses to the Authority under subsection (1)(b) is dissatisfied with the amount or apportionment thereof, the person may appeal to the Minister whose decision is final. |
(3) Any person who contravenes or fails to comply with a notice served on the person or an order given to the person under subsection (1) shall be guilty of an offence and shall be liable on conviction —| (a) | to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both; | | (b) | to a further fine not exceeding $500 for every day during which the notice was not complied with; and | | (c) | to a further fine not exceeding $500 for every day during which the contravention of subsection (1) continues after conviction. |
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| (4) The certificate of the Authority stating that it is of the opinion that the person named in the certificate is responsible for causing a public street or part thereof to be in a dangerous or defective condition is conclusive evidence for the purpose of any prosecution under this section. |
| (5) In this section, “activity” includes any excavation or construction works. |
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| Carrying out of engineering works within road structure safety zone |
| 8A.—(1) A person must not carry out any engineering works within the road structure safety zone unless the person has obtained the prior approval of the Authority. [11/2003] (2) An application to the Authority for its approval under subsection (1) —| (a) | must be made in writing and must be accompanied by an engineering plan, showing the location affected by the engineering works to be carried out; and | | (b) | may be granted by the Authority subject to such conditions as the Authority thinks fit. [11/2003] |
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| (3) A person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 and, in the case of a continuing offence, to a further fine not exceeding $100 for every day or part of a day during which the offence continues after conviction. [11/2003] |
(4) In this section —| “engineering plan”, in relation to engineering works, includes detailed plans of the engineering works, monitoring equipment and instrumentation and other relevant information proposed for use to monitor the structural integrity of the road structure; |
“engineering works” means any kind of construction work that is likely to affect the structural integrity of any road structure and the safety of its operations, and includes —| (a) | excavations for basements and other building structures under land; | | (b) | installations of foundation piles, sheet piles, bore holes, wells, ground anchors and tie backs; and | | (c) | the operation of any crane, hoist or heavy equipment; |
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| “road structure safety zone” means that part of the land or area which is 20 metres from the outermost edge of any part of a road structure. [11/2003] |
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| Power to enter private land to construct new streets |
9.—(1) The Authority or any person authorised by the Authority has the right to enter upon and take possession of any land or part thereof not being State land —| (a) | to construct or improve any street; and | | (b) | to construct, install, improve or remove any road structure or road related facility, |
| in, under or over the land, and to do all things as are reasonably necessary in connection therewith. |
[11/2003] | (2) The Authority or any person authorised by the Authority must not exercise the right conferred by subsection (1) unless the Authority has given at least 2 months’ notice of its intention to exercise the right conferred by that subsection to every owner and occupier of the land. [12/2015] |
(3) A notice mentioned in subsection (2) must —| (a) | give a brief description of the works which the Authority proposes to carry out on the land; | | (b) | state the estimated period (if any) during which the land will be occupied or possessed; | | (c) | describe the area or extent of land needed for the carrying out of the works mentioned in paragraph (a); and | | (d) | state that any person entitled to compensation in connection with the exercise by the Authority of its right under this section may serve a written claim on the Authority in accordance with the provisions of the Land Transport Authority of Singapore Act 1995. |
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| (4) The ownership of anything is not altered by reason only that it is placed in, under or over any land in exercise of a right conferred upon the Authority by this section. |
| (5) Any person who refuses to give access to, or obstructs, hinders or delays, an agent or employee of the Authority at any time in the exercise of the agent’s or employee’s authority shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000. [12/2015] |
| (6) In this section, a reference to entry on land includes the digging or boring of a tunnel under the land and the erection of any structure on, under or over the land. |
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| Creation of rights in, under or over land |
| 10.—(1) From the date of publication in the Gazette of a notice of creation of a right under this section, the Authority or any person authorised by the Authority may, at any reasonable time and for the purposes of and incidental to the maintenance of any street or the operation or maintenance of any road structure or road related facility, enter upon such land within the area as described in the notice, not being State land, and exercise such permanent rights in, under or over such land or such rights of temporary occupation of the land as may be specified in the notice. [11/2003] (2) A notice of creation of a right under this section must —| (a) | be made by the Authority; | | (b) | describe the right in, under or over the land or the right of temporary occupation and the area of land subject to such right; and | | (c) | state particulars of the places and times at which a copy of a plan of the area of the land subject to such right may be inspected. |
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| (3) Any right referred to in a notice of creation of a right under this section is limited to a right conferring such rights and powers as are necessary or convenient for the maintenance of the street or the operation or maintenance of the road structure or road related facility (as the case may be) and for all purposes connected with or incidental to that operation or maintenance. [11/2003] |
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| Power to tap utilities for operation and maintenance of road related facility |
| 10A.—(1) Where the Authority or any person authorised by the Authority (called in this section the authorised person) has constructed, installed or improved any road related facility in, under or over any State land under section 7, the Authority or authorised person, after giving 21 days’ notice to the occupier of, or to every person having any estate, right, share or interest in, any land adjoining such State land, may install such meter boards, electrical meters and other accessories as may be necessary on the land and tap utilities for the purpose of and incidental to the operation and maintenance of the road related facility. [11/2003] | (2) Where the Authority or an authorised person has constructed, installed or improved any road related facility in, under or over any land or part thereof not being State land under section 9, the Authority or authorised person, after giving 21 days’ notice to the occupier of, or to every person having any estate, right, share or interest in, such land, may install such meter boards, electrical meters and other accessories as may be necessary on the land and tap utilities for the purpose of and incidental to the operation and maintenance of the road related facility. [11/2003] |
| (3) Every meter board, electrical meter and other accessory installed under this section must comply with such standards as are determined by the Energy Market Authority of Singapore established under section 3 of the Energy Market Authority of Singapore Act 2001. [11/2003] |
| (4) The Authority must pay the electricity supplier such amount as may be indicated on the electrical meters installed under this section. [11/2003] |
(5) Despite subsections (1), (2) and (4), if no meter board, electrical meter or other accessory is installed on any land or part thereof that is not State land, the Authority must, on a monthly basis, pay the electricity supplier such amount as is determined in accordance with the formula  where —| (a) | P is the power rating of equipment; and | | (b) | R is the rate from the electricity supplier. [11/2003] |
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| (6) Any person who is dissatisfied with the decision of the Authority under subsection (1) or (2) may, within 14 days of the notice, appeal to the Minister whose decision is final. [11/2003] |
| (7) In this section, “electricity supplier” means a person who is licensed to supply electricity under any written law for the time being relating to the supply of electricity. [11/2003] |
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| Owners who suffer substantial impairment in rights in land may require their land to be acquired |
11.—(1) The owner of any land temporary possession of which is or has been taken in accordance with section 9 may, by written notice given to the Authority, request the Government to acquire under the Land Acquisition Act 1966 —| (a) | the land; and | | (b) | any other land (if any) of the owner related to the land in paragraph (a), |
| if the owner considers that the owner suffers substantial impairment of the owner’s rights in the lands in paragraphs (a) and (b) because of the taking of that temporary possession. |
[12/2015] | (2) If there is more than one owner of the land concerned, the notice under this section must be given by all the owners. [12/2015] |
| (3) Any notice under this section is irrevocable once given to the Authority. [12/2015] |
| (4) For the purposes of this section and section 11A, land (called A land) is related to other land temporary possession of which is or has been taken in accordance with section 9 (called in this section and section 11A the temporarily occupied land) if the A land is the remainder of a parcel of land part of which is the temporarily occupied land. [12/2015] |
(5) In this section and section 11A —“owner”, in relation to any land, means —| (a) | a person who has the fee simple estate in the land; | | (b) | a person who is the grantee or lessee under a State title for the land; | | (c) | a person who has become entitled to exercise a power of sale of the land; or | | (d) | a person in occupation of the land under a tenancy the term of which exceeds 7 years; |
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“parcel of land” means the whole area of land that —| (a) | is the subject of a separate certificate of title registered under the Land Titles Act 1993; or | | (b) | is a lot in a lawful division of land and capable of being held separately by any owner, |
| and where a single building is erected on 2 or more such adjoining lands or lots mentioned in paragraph (a) or (b), includes the area comprised in those lands or lots, as the case may be. |
[12/2015] |
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| Owner-initiated acquisition |
| 11A.—(1) Upon the Authority receiving a notice under section 11(1) in relation to any temporarily occupied land, and any other land related to the temporarily occupied land, the President is to proceed under the Land Acquisition Act 1966 to acquire that land as if those lands were the subject of a notice under section 49 of that Act. [12/2015] (2) The provisions of sections 49 and 49A of the Land Acquisition Act 1966 apply (so far as relevant) to any land that is the subject of a notice under section 11(1) with the following exceptions, modifications and adaptations:| (a) | any reference in those sections to any land that is the subject of a notice under section 49(1) of the Land Acquisition Act 1966 is to be read as a reference to the land that is the subject of a notice under section 11(1); | | (b) | any reference in those sections to land temporary possession of which is or has been taken under section 42 of the Land Acquisition Act 1966 is to be read as a reference to any land temporary possession of which is or has been taken in accordance with section 9; | | (c) | any reference in those sections to an owner of land is to be read as a reference to an owner of land mentioned in section 11; | | (d) | any reference in section 49A of the Land Acquisition Act 1966 to a claim period for any land temporary possession of which is or has been taken in accordance with a direction under section 42 of the Land Acquisition Act 1966 is to be read as a reference to one year starting from either of the following dates:| (i) | the date of the notice under section 9 relating to that land; | | (ii) | the date of the expiry of the term of temporary possession in a notice under section 9 for the temporary occupation and use of the land, or the date the land is returned to the owner if earlier; |
| | (e) | such other exceptions, modifications and adaptations as the differences between them necessarily require. [12/2015] |
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| (3) All compensation for the acquisition under the Land Acquisition Act 1966 of any land that is the subject of a notice under section 11(1) is to be paid out of the funds of the Authority. [12/2015] |
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| Power to enter land for inspection and survey, etc. |
12.—(1) The Authority or any person authorised by the Authority may enter any land or building situate wholly or partly within the street reserve or wholly or partly within 100 metres thereof in order to carry out —| (a) | any inspection or survey which is reasonably necessary to ascertain the condition of the land or building prior to or during the construction or improvement of any street or the construction, installation, improvement or removal of any road structure or road related facility (as the case may be) and to carry out all reasonably necessary work of a preventive or remedial nature; and | | (b) | any inspection or maintenance of —| (i) | any street which has been constructed or improved; or | | (ii) | any road structure or road related facility which has been constructed, installed or improved, |
| by the Authority on, under or over the land or building and to carry out any work and do all things necessary for the purpose of maintaining the street or maintaining or operating the road structure or road related facility, as the case may be. |
[11/2003] |
(2) A person must not, for the purposes of subsection (1), enter any land or building which is occupied without giving the owner and the occupier at least 7 days’ notice of the person’s intention to do so unless —| (a) | the Authority is of the opinion that an emergency exists which necessitates immediate entry; or | | (b) | the entry is required only for the purpose of an inspection or a survey. |
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(3) A notice of entry mentioned in subsection (2) —| (a) | must describe the purpose of the entry and the nature of any work to be carried out; and | | (b) | is deemed to be given to and received by an owner or occupier if the notice is affixed to a conspicuous part of the land or building to be entered. |
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| (4) In subsection (1), “work of a preventive or remedial nature” means the underpinning or strengthening of any land or building and any other work thereon that is intended to render it reasonably safe or to repair or detect damage caused in the course of the construction or improvement of any street or the construction, installation, improvement or removal of any road structure or road related facility, as the case may be. [11/2003] |
| (5) The decision of the Authority that any work is of a preventive or remedial nature or that such work or any inspection or survey is reasonably necessary is final. |
| (6) The Authority or any person authorised by the Authority may as the occasion requires enter and re‑inspect and survey any land or building in respect of which any of the powers contained in subsection (1) has been exercised and may, in relation to that land or building, exercise those powers as often as the occasion may require. |
| (7) Any person authorised under this section to enter upon any land or building must, if so required by the owner or occupier, produce evidence of the person’s authority before so entering it. |
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| Removal of projections or obstructions |
13.—(1) The Authority may give notice to the owner of any land or building in the street reserve requiring that owner to remove any object or structure described in the notice which is erected on or attached to, or projects from, the land or building if in the opinion of the Authority the removal of the object or structure is required for the purposes of the construction of any street.| (2) A notice under subsection (1) may be given to the owner of any land or building and is deemed to have been received by the owner if it is affixed to some conspicuous part of the land or building to or from which the object or structure is erected or attached or projects from. |
(3) A notice under subsection (1) must —| (a) | describe the object or structure to be removed; | | (b) | stipulate the period within which the work of removal must be carried out; | | (c) | be given to the owner of the land or building not later than 28 days before the commencement of that period; and | | (d) | state that any person entitled to compensation in connection with the removal of the object or structure may serve a written claim upon the Authority in accordance with the provisions of the Land Transport Authority of Singapore Act 1995. |
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| (4) If the owner of the land or building does not comply with a notice given to the owner under subsection (1), any person authorised in that behalf by the Authority may enter the land or building, together with such other persons as the person authorised thinks necessary, and remove the object or structure described in the notice or cause it to be removed by those other persons. |
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| Declaration to vest street reserves in Government |
14.—(1) Where the Authority intends to construct any new street or to widen, open, enlarge or otherwise improve any existing street, the Authority may —| (a) | prepare a plan incorporating all premises set aside as street reserves pursuant to any development proposal approved by the competent authority; and | | (b) | by an instrument in the form approved by the Registrar of Titles or the Registrar of Deeds (as the case may be) declare that the street reserves are to vest in the Government. |
| (2) Any plan prepared by the Authority under this section must comply with the requirements of the Land Titles Act 1993 in respect of registered land and of the Registration of Deeds Act 1988 in respect of other lands and must show thereon the premises which will vest in the Government. |
| (3) The declaration referred to in subsection (1) must be published in the Gazette. |
(4) Where any street reserve that has become vested in the Government under this section comprises premises included in separate lots already set aside as part of a street reserve, the declaration must be registered against those lots —| (a) | under the Land Titles Act 1993 in respect of registered land; and | | (b) | under the Registration of Deeds Act 1988 in respect of other lands. |
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(5) Where any street reserve that has become vested in the Government under this section comprises premises included in an existing lot or existing lots —| (a) | the premises forming the street must be excised from the existing lot or lots; and | | (b) | the declaration must be registered in respect of the excised portions under the Land Titles Act 1993 in respect of registered land and under the Registration of Deeds Act 1988 in respect of other lands. |
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| (6) Upon such registration, the premises forming the street reserve vest in the Government free from all encumbrances and where the premises are held under a statutory land grant, such vesting is not to be deemed to create a subdivision within the meaning of the State Lands Act 1920. |
| (7) No compensation is payable for any premises vested in the Government pursuant to this section. |
| (8) When the Authority has pursuant to this section registered any instrument, the Authority may take possession of the premises described in the instrument and may proceed to demolish and remove any building or portion of any building forming part thereof. |
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| Authority may recover costs and expenses of new street or of widening, opening, etc., of public street |
15.—(1) Where the Authority intends to construct any new street or to widen, open, enlarge or otherwise improve any existing street, the Authority may recover the costs and expenses of acquiring the land for, and of —| (a) | constructing the new street; or | | (b) | widening, opening, enlarging or otherwise improving the existing public street, |
| as the case may be, from the owners of the premises — |
| (c) | fronting, adjoining or abutting on the new street or public street, as the case may be; and | | (d) | which do not front, adjoin or abut on the new street or public street (as the case may be) but access to which will be obtained through the new street or the widened, opened, enlarged or otherwise improved public street by means of another street or backlane, and which, in the opinion of the Authority, will benefit by the construction of the new street or the widening, opening, enlarging or otherwise improving of the public street. |
(2) The Authority must prepare an estimate of the costs and expenses of the street works to be apportioned among —| (a) | the owners of the premises abutting on the new street or public street; and | | (b) | the owners of such other premises (if any) as the Authority may, in accordance with subsection (1)(d), decide to include in the apportionment, |
| and must serve a notice of its decision in writing to proceed with the street works and to recover the costs and expenses thereof upon each such owner, and such costs and expenses must be paid by each such owner within such period as may be specified in the notice and in such proportions as are settled by the Authority. |
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| (3) If the owner of any such premises is dissatisfied with the Authority’s apportionment of costs and expenses, that owner may, within 14 days from the date of service of the notice, appeal to the Minister whose decision is final. |
(4) The apportionment of costs and expenses of street works among the owners of the premises fronting, adjoining or abutting on the street in respect of which the costs and expenses are to be incurred must, unless the Authority otherwise decides, be apportioned according to the frontage of the respective premises; but the Authority may, if it thinks fit, decide that in settling the apportionment regard must be had to the following considerations:| (a) | the degree of benefit accruing to any premises by the construction of the new street; and | | (b) | the amount and value of any street works already executed by the owners or occupiers of any such premises, |
| and the Authority may, if it thinks fit — |
| (c) | include in the apportionment any premises which do not front, adjoin or abut on the street but access to which is obtained from the street through another street or backlane and which, in its opinion, will be benefited by the street works; and | | (d) | fix the sum or portion to be charged against any such premises accordingly. |
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| (5) The Authority may, in any estimate of the costs and expenses of street works, include such reasonable charges in respect of surveys, superintendence and publication and service of notices as it may from time to time determine. |
| (6) The Authority may, if it thinks fit, pay the whole or any part of the costs and expenses of the street works, and the payment of part of the costs and expenses by the Authority may be made in such a manner as wholly to relieve the owner of any particular premises to the exclusion of other owners or to relieve that owner to a greater extent than other owners. |
(7) Where the street works have been completed by the Authority and the costs and expenses thereof ascertained —| (a) | the Authority must cause a final apportionment of the costs and expenses of the street works to be made by dividing the costs and expenses in the same proportions as those in which the estimated costs and expenses were divided in the provisional apportionment; | | (b) | that final apportionment is conclusive for all purposes; | | (c) | notice of the final apportionment must be served upon the owners of the premises affected thereby; and | | (d) | the sums apportioned thereby are recoverable in the manner provided in section 43. |
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| (8) If the costs and expenses incurred in executing the street works as shown in the final apportionment exceed the estimated costs and expenses, the owner may, within 14 days from the date of service of the notice, appeal to the Minister whose decision is final. |
| (9) For the purposes of this section, the construction of a new street may include the widening, opening, enlarging or otherwise improving of any part or parts of any existing private street for the purpose of constructing the new street. |
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| Settling of apportionment of costs and expenses |
16.—(1) Where the Authority intends to make up, pave, widen, open, enlarge or otherwise improve any existing private street, the Authority may recover the costs and expenses of acquiring the land for, and of making up, widening, opening, enlarging or otherwise improving the private street (as the case may be) from the owners of the premises —| (a) | fronting, adjoining or abutting on the private street; and | | (b) | which do not front, adjoin or abut on the private street, but access to which will be obtained through the private street or the widened, opened, enlarged or otherwise improved private street by means of another street or backlane, and which, in the opinion of the Authority, will benefit by the making up, widening, opening, enlarging or otherwise improving of the private street. |
(2) The Authority must cause to be prepared —| (a) | plans and specifications of the street works; | | (b) | an estimate of the costs and expenses thereof; and | | (c) | a provisional apportionment of the estimated costs and expenses among the owners mentioned in subsection (1) and the owners of such other premises (if any) as the Authority may, in accordance with subsection (3), decide to include in the provisional apportionment, |
| and must serve a notice of its decision in writing upon each such owner, requiring that owner to execute to the satisfaction and in accordance with the directions in writing of the Authority, such street works within such period as may be specified in the notice commencing from the date of the service of the notice. |
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(3) In such a provisional apportionment of the costs and expenses of the street works, the apportionment of costs and expenses among the owners of the premises fronting, adjoining or abutting on the private street or part thereof in respect of which the costs and expenses are to be incurred must, unless the Authority otherwise decides, be apportioned according to the frontage of the respective premises; but the Authority may, if it thinks fit, decide that in settling the apportionment regard must be had to the following considerations:| (a) | the degree of benefit to be derived by any premises from the street works; | | (b) | the amount and value of any street works already executed by the owners or occupiers of any such premises, |
| and the Authority may, if it thinks fit — |
| (c) | include any premises which do not front, adjoin or abut on the private street or part thereof but access to which is obtained from the street through another street or backlane and which, in its opinion, will be benefited by the street works; and | | (d) | fix the sum or proportion to be charged against any such premises accordingly. |
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| (4) The Authority may, in any estimate of the costs and expenses of street works, include such reasonable charges in respect of surveys, superintendence and publication and service of notices as it may from time to time determine. |
(5) During one month from the date of the service of the notice, the plans, specifications, estimate and provisional apportionment prepared under subsection (2) must be open to inspection by or on behalf of —| (a) | any person upon whom the notice has been served; or | | (b) | the owner of any building or holding listed in the Valuation List of the Comptroller of Property Tax for the time being in force, |
| at the office of the Authority, and that notice must state — |
| (c) | that the aforesaid plans, specifications, estimate and provisional apportionment are so open to inspection as aforesaid during the usual office hours until a day, at least one month from the date of the service of the notice, upon which the Authority will consider any objection to the proposed street works or to the plans, specifications, estimate and provisional apportionment or any amendment thereof; and | | (d) | that in default of compliance with the requirements of the Authority as stated in the notice, the Authority will itself cause the street works to be executed. |
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(6) The Authority may, if it thinks fit, pay the whole or any part of the costs and expenses of the street works and if it decides so to pay any part of those costs and expenses —| (a) | the provisional apportionment must indicate the proportion of the costs and expenses which the Authority has decided to pay; and | | (b) | the payment of part of the costs and expenses by the Authority may be made in such a manner as wholly to relieve the owner of any particular premises served with a notice under this section to the exclusion of other owners or to relieve that owner to a greater extent than other owners. |
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(7) The Authority may from time to time amend the plans, specifications, estimate and provisional apportionment of any street works, but if by reason of such an amendment the estimate in respect of any private street or part thereof is increased or the provisional apportionment of the costs and expenses of the street works on any premises is increased —| (a) | the notices previously served must be withdrawn in the prescribed manner by the Authority; | | (b) | fresh notices based on the amended plans, specifications, estimate and provisional apportionment or any of them must be served by the Authority in accordance with subsection (5); and | | (c) | the amended plans, specifications, estimate and provisional apportionment must be similarly open to inspection. |
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(8) During the period of one month mentioned in subsection (5), the owner of any premises shown in the provisional apportionment or amended provisional apportionment as liable to be charged with any part of the costs and expenses of executing the street works may, by written notice duly served upon the Authority, object to the execution of the proposed street works and to the plans, specifications, estimate and provisional apportionment or any or more of them or to any amendment thereof pursuant to subsection (7) on any one or more of the following grounds:| (a) | that the alleged private street or part thereof is not or does not form part of a street within the meaning of this Act; | | (b) | that the alleged private street or part thereof is (in whole or in part) a public street; | | (c) | that there has been some material informality, defect or error in or in respect of the decision, notice, plans, specifications, estimate and provisional apportionment or amendment thereof; | | (d) | that the proposed street works are insufficient or unreasonable or the costs and expenses as estimated are excessive; | | (e) | that any premises ought to be excluded from or listed in the provisional apportionment; | | (f) | that the provisional apportionment or amended provisional apportionment is incorrect in respect of —| (i) | some matter of fact to be specified in the objection; or | | (ii) | where the provisional apportionment is made with regard to other considerations than frontage as provided in this section, the degree of benefit derived by any person or the amount and value of any street works already executed by the owner or occupier of any premises. |
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| (9) Objections may be made in writing and in accordance with the prescribed procedure and after valid objections have been inquired into and the persons making them have been allowed an opportunity of being heard in accordance with the prescribed procedure, the Authority may confirm or amend the plans, specifications, estimate and provisional apportionment. |
| (10) The plans, specifications, estimate and provisional apportionment so confirmed or amended must be open to inspection by the persons referred to in subsection (5) during the usual office hours at the office of the Authority and written notice stating that they are open to inspection must forthwith be published in the Gazette and in such other manner as the Authority may determine. |
| (11) Any person who is dissatisfied with the decision of the Authority may, within 14 days of the publication of the notice under subsection (10), appeal to the Minister whose decision is final. |
(12) If such street works —| (a) | are not commenced within 14 days from the date of such confirmation or amendment or the date on which the plans, specifications, estimate and provisional apportionment are confirmed or amended by the Minister, as the case may be; or | | (b) | having been commenced are thereafter suspended or are not completed within the period specified in the notice mentioned in subsection (2), |
| the Authority may, if it thinks fit, cause them to be executed and completed. |
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(13) Where the street works have been completed by the Authority and the costs and expenses thereof as incurred by the Authority ascertained —| (a) | the Authority must cause a final apportionment of the costs and expenses of the street works to be made by dividing the costs and expenses in the same proportions as those in which the estimated costs and expenses were divided in the provisional apportionment or amended provisional apportionment, as the case may be; | | (b) | that final apportionment is conclusive for all purposes; | | (c) | notice of the final apportionment must be served upon the owners of the premises affected thereby; and | | (d) | the sums apportioned thereby are recoverable in the manner provided in section 43. |
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| (14) If the costs and expenses incurred in executing the street works as shown in the final apportionment exceed the estimated costs and expenses, the owner may, within 14 days from the date of the notice, appeal to the Minister whose decision is final. |
(15) Where street works have been executed to the satisfaction of the Authority under this Part in respect of a private street or part thereof, then on the requisition —| (a) | in the case of street works executed under this section — of the several owners of such of the premises listed in the final apportionment as together have an annual value of more than 50% of the total annual value of the premises so listed; or | | (b) | in any other case — of the several owners of such of the premises fronting, adjoining or abutting on the private street or part thereof as together have an annual value of more than 50% of the total annual value of the premises fronting, adjoining or abutting on the private street or part thereof, as the case may be, |
| demanding that the private street or part thereof be declared a public street, the Authority must, after consultation with the Minister, declare it to be a public street and the private street or part thereof thereupon becomes a public street and vests in the Government. |
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| (16) The declaration referred to in subsection (15) must be published in the Gazette. |
(17) Where a private street or part thereof that is declared to be a public street and to be vested in the Government comprises separate lots already set aside as part of a street, the declaration must be registered against those lots —| (a) | under the Land Titles Act 1993 in respect of registered land; and | | (b) | under the Registration of Deeds Act 1988 in respect of other land. |
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(18) Where a private street or part thereof that is declared to be a public street and to be vested in the Government comprises premises included in an existing lot or existing lots —| (a) | the premises forming the street or part thereof must be excised from the existing lot or lots; and | | (b) | the declaration must be registered against the excised portions under the Land Titles Act 1993 in respect of registered land and under the Registration of Deeds Act 1988 in respect of other land. |
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| (19) Upon such registration, the premises forming the street vest in the Government free from all encumbrances and where the premises are held under a statutory land grant such vesting is not deemed to create a subdivision within the meaning of the State Lands Act 1920. |
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| Powers to control works on public streets |
17.—(1) A person must not carry out any works on any public street, public bridge or on any street which is to be declared public unless the person has obtained the prior approval of the Authority.(2) An application to the Authority for its approval under subsection (1) —| (a) | must be made in writing and must be accompanied by a plan in duplicate, showing the location affected by the works; and | | (b) | may be granted by the Authority subject to such directions as the Authority may give under subsection (3). |
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(3) The Authority may give written directions to the person submitting the application with regard to all or any of the following particulars:| (a) | compliance with this Act and any regulations made under this Act; | | (b) | the location and extent of the work and other related apparatus to be laid or erected; | | (c) | the provision of footways and diversion roads and the size and specifications of such footways and diversion roads; | | (d) | the design and construction method; | | (e) | the period of the works; | | (f) | the provision of temporary traffic signs and other road related facilities; | | (g) | the reinstatement of any affected public street or public bridge or any street which is to be declared public. |
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(4) Where in the opinion of the Authority any works have been carried out in contravention of the provisions of this Act or any regulations made under this Act, the Authority may by written order require —| (a) | the cessation of the works; | | (b) | the removal of any installations; | | (c) | the reinstatement of any affected public street or public bridge or any street which is to be declared public; or | | (d) | such work or alteration to be carried out as may be necessary to cause the works to comply with the provisions of this section, |
| and in every case, the order must specify — |
| (e) | the manner in which the removal, work or alteration specified in the order is to be carried out; | | (f) | the time within which the removal, work or alteration must commence; | | (g) | the time within which the removal, work or alteration must be completed; and | | (h) | that the removal, work or alteration must be carried out with due diligence to the satisfaction of the Authority. |
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| (5) An order made under subsection (4) must be served on the owner of the works and the person carrying out the works. |
(6) If an order made under subsection (4) is not complied with, the Authority may —| (a) | demolish, remove or alter the works or cause the works to be demolished, removed or altered, or take such other steps as appear to the Authority to be necessary or expedient; and | | (b) | recover all costs and expenses reasonably incurred by the Authority in the exercise of its powers under this section from the person in default. |
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| (7) Neither the Authority nor the Government shall be liable to make good any damage caused to or any loss of goods or property as a result of any work carried out under subsection (6). |
| (8) Without prejudice to the rights of the Authority to exercise its powers under subsection (6), if any person on whom an order made under subsection (4) is served fails to comply with the order, that person shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $100,000 and, in the case of a continuing offence, to a further fine not exceeding $1,000 for every day during which the offence continues after conviction. |
| (9) The Authority may levy a charge on the person who carries out works on public streets or public bridges or any street which is to be declared public. |
| (10) The charge must be determined in accordance with such rate and method of calculation as may be prescribed. |
| (11) The Authority may require the person who made the application under subsection (1) to make a deposit before commencing any work. |
| (12) If the works are not executed to the satisfaction of the Authority in any case where a deposit has been made under subsection (11), the Authority may, at any time after the service of a notice, execute or cause any works to be properly carried out and the costs and expenses of any works executed or caused to be carried out by the Authority are to be recovered from the deposit made under that subsection. |
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