Rapid Transit Systems (Railway Protection, Restricted Activities) Regulations

Rapid Transit Systems Act

(CHAPTER 263A, Section 42)

Rapid Transit Systems (Railway Protection, Restricted Activities) Regulations

Rg 3

REVISED EDITION 1997

(15th June 1997)

[29th April 1994]

Citation

1.  These Regulations may be cited as the Rapid Transit Systems (Railway Protection, Restricted Activities) Regulations.

Definitions

2.  In these Regulations, unless the context otherwise requires —

“authorised person” means any officer, employee or agent of the Authority or of its licensee acting in execution of his duty upon or in connection with the railway;

“contractor” means a person who has entered into a contract for the purpose of carrying out any building operations or works of engineering construction and includes a main contractor and sub-contractor;

“crane” means a machine incorporating an elevated structural member or jib beneath which suspended loads may be moved vertically (whether upwards or downwards) or horizontally or both, either by slewing the machine, derricking the jib or by any other means not solely involving a travelling motion of the crane, and includes a mobile crane and tower crane;

“mobile crane” means a crane mounted on a truck or crawler or on wheels;

“occupier”, in relation to any land, means the person in actual occupation or having the charge, management or control, of the land, either on his own account or as an agent of another person;

“owner”, in relation to any land, means the person for the time being receiving the rent of the land, whether on his own account or as agent or trustee or as receiver, or who would receive the rent if the land, premises or building were let to a tenant;

“railway corridor” means the part of the land or area that is within 40 metres from the outermost edge of any part of a railway area;

[S 713/2021 wef 27/09/2021]

“railway protection zone” means that part of the land or area which is within 40 metres from the outermost edge of any part of the railway that is on, above or below the ground;

“railway safety zone” means the land delineated as such in plans and maps prepared by the Authority pursuant to regulation 4;

“restricted activity” means any activity specified in the Schedule;

“street” has the same meaning as in the Street Works Act (Cap. 320A);

[S 280/2000 wef 01/07/2000]

“sub-contractor” means a person who has entered into a contract with another contractor for the purpose of carrying out any building operations or works of engineering construction;

“tower crane” means a crane which has a vertical or near-vertical tower designed to be free-standing up to a specified height.

Application

3.  These Regulations shall apply only to the lands and areas within the railway safety zone, the railway corridor and the railway protection zone.

[S 713/2021 wef 27/09/2021]

Railway safety zone, railway corridor and railway protection zone

4.—(1)  The Authority shall from time to time cause plans and maps to be prepared in such detail and with such markings and endorsements thereon as are sufficient to delineate the railway safety zone, the railway corridor and the railway protection zone.

[S 713/2021 wef 27/09/2021]

(2)  A copy of every plan and map prepared pursuant to paragraph (1) shall be available for inspection by the public free of charge at the office of the Authority during the hours when that office is normally open to the public.

(3)  The Authority may from time to time —

(a) amend any plan or map prepared under this regulation or any marking or endorsement thereon; or

(b) replace any plan or map by a substitute plan or map.

(4)  Where the Authority has made any amendment or replacement under paragraph (3), the Authority shall as soon as possible cause to be likewise amended, or replaced with the substitute plan or map, every copy referred to in paragraph (2) and certify the amendment or substitution in such manner as the Authority thinks sufficient.

(5)  The Authority shall, within 21 days of having —

(a) prepared any plan or map under this regulation;

(b) amended any such plan or map or any marking or endorsement thereon; or

(c) replaced any such plan or map by a substitute plan or map,

cause a notice thereof to be published in the Gazette containing —

(i) a general description of the plan or map or of the nature and extent of the amendment or substitution, as the case may be; and

(ii) particulars of the places and times at which a copy of the plan or map, or details of the amendment or a copy of the substitute plan or map may be inspected by the public in conformity with paragraph (2).

[S 713/2021 wef 27/09/2021]

5.  [Deleted by S 713/2021 wef 27/09/2021]

Power to require information

6.—(1)  Where it appears to the Authority that a restricted activity is being carried out on any land within the railway safety zone, the railway corridor or the railway protection zone, the Authority may by notice in writing require the owner or occupier of the land or the contractor carrying out the restricted activity to furnish in writing to the Authority the following information:

(a) the name and address of the contractor;

(b) if the contractor is a firm, the name under which it carries on business and the name and address of every partner in the firm;

(c) if the contractor is a company, the name under which it carries on business and the name and address of every director of the company;

(d) the name and address of every sub-contractor involved in the building operations or works of engineering construction being carried out on the land;

(e) the nature of the works being carried out on the land;

(f) the date on which the works commenced; and

(g) any other information which the Authority may require.

[S 713/2021 wef 27/09/2021]

(2)  Any person to whom the Authority has made a request for information under this regulation shall, within the time specified in the notice, furnish in writing to the Authority the information required by the Authority, failing which he shall be guilty of an offence.

Permission for restricted activity

7.—(1)  A person must not carry out or cause to be carried out any restricted activity within the railway corridor or railway protection zone unless the person —

(a) has the Authority’s prior written permission to do so; or

(b) is granted a permit to carry out the restricted activity, mentioned in regulation 9(1) of the Rapid Transit Systems (Development and Building Works in Railway Corridor and Railway Protection Zone) Regulations 2021 (G.N. No. S 712/2021).

(2)  Without affecting paragraph (1), a person must not carry out or cause to be carried out any restricted activity within 6 metres of the outermost edge of any part of a railway unless the person has the Authority’s special written permission to do so.

(3)  An application to the Authority for permission or special permission to carry out a restricted activity required by paragraph (1) or (2) must —

(a) be made in the form and manner specified by the Authority; and

(b) be accompanied by the following:

(i) site and location plans showing where the restricted activity is to be carried out in relation to the railway corridor or railway protection zone;

(ii) any other document, particulars or information that the Authority requires to decide on the application.

(4)  A permission or special permission given under paragraph (1) or (2) —

(a) is non-transferable and not renewable; and

(b) may be subject to terms and conditions.

(5)  In granting permission or special permission under paragraph (1) or (2), the Authority may by condition require the person to whom permission or special permission is given to allow any employee of the Authority to enter at any time the land within the railway corridor or the railway protection zone where the restricted activity is being carried out for all or any of the following purposes:

(a) to ascertain whether there is, or has been, a contravention of these Regulations;

(b) to ensure that the restricted activity is being carried out in accordance with the permission or special permission;

(c) to take such action and give such direction as the employee of the Authority considers necessary to ensure compliance with, or to prevent the contravention of, these Regulations.

(6)  A person who carries out or causes to be carried out any restricted activity without, or not in accordance with, any permission or special permission under paragraph (1) or (2) shall be guilty of an offence.

[S 713/2021 wef 27/09/2021]

Power to impose terms and conditions for, or to require the stoppage of, restricted activity

8.—(1)  Where any restricted activity that is being carried out on any land within the railway safety zone, the railway corridor or the railway protection zone —

(a) has caused damage, or is, in the opinion of the Authority, likely to cause damage, to any part of the railway or railway premises; or

(b) endangers, or is, in the opinion of the Authority, likely to endanger, the safety of any person travelling or being upon the railway,

the Authority may by notice in writing require the person carrying out the restricted activity —

(i) to comply with such terms and conditions as the Authority may think fit to impose;

[S 713/2021 wef 27/09/2021]

(ii) to stop carrying out the restricted activity within the time specified in the notice; or

[S 713/2021 wef 27/09/2021]

(iii) to take necessary measures to prevent, stop or remedy any damage to the railway or railway premises.

[S 713/2021 wef 27/09/2021]

(2)  Any person who contravenes or fails to comply with a notice issued to him under paragraph (1) shall be guilty of an offence.

Power to order immediate stoppage of restricted activity

9.—(1)  Where the Authority is of the opinion that the carrying out of a restricted activity on any land within the railway safety zone, the railway corridor or the railway protection zone constitutes a serious danger to any part of the railway or railway premises or to any person travelling or being upon the railway, such that it is necessary or expedient that the Authority should take action to procure the immediate stoppage of the restricted activity, the Authority or any authorised person may enter upon the land on which the restricted activity is being carried out and order the person carrying out the restricted activity to forthwith stop carrying out the restricted activity.

[S 713/2021 wef 27/09/2021]

(2)  Any person who contravenes or fails to comply with an order given to him under paragraph (1) shall be guilty of an offence.

10.  [Deleted by S 713/2021 wef 27/09/2021]

Penalty

11.  Any person who is guilty of an offence under these Regulations 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 thereof during which the offence continues after conviction.

THE SCHEDULE

Regulation 2

Restricted Activities

1.  The following activities shall be restricted activities for the purposes of these Regulations:

(a) the movement or operation of any crane, whether fixed or mobile, hoist, ladder, drilling or piling equipment, excavator or any other mechanical equipment or vehicle;

(b) the installation of boreholes, wells, sheet-piles, pile foundations, ground anchors and horizontal tie backs;

[S 280/2000 wef 01/07/2000]

(c) the storing or placing, or causing or allowing the storage or placement of, any equipment goods, material or thing or any solid, liquid or gaseous matter or substance; and

[S 280/2000 wef 01/07/2000]

(d) the digging or excavation of trenches or pits, the carrying out of earthworks and backfilling, or the shifting or pushing of earth or soil from one area to another, whether or not such activities are carried out manually or by mechanical means;

[S 280/2000 wef 01/07/2000]

(e) the dredging of sea beds or river beds and the anchoring of vessels with displacement (laden) weight of more than 20 tonnes;

[S 280/2000 wef 01/07/2000]

(f) the erection of sheds, shelters, tents, scaffolding, maintenance towers, ladders, hoardings and other similar temporary structures for the purpose of trade fairs, fun fairs, exhibitions, entertainment, night markets, religious functions or ceremonies;

[S 280/2000 wef 01/07/2000]

(g) the planting of trees with a full grown height extending above the parapet or wing wall of the railway;

[S 280/2000 wef 01/07/2000]

(h) the use of explosive material for the purpose of blasting, demolition or removal of rocks;

[S 280/2000 wef 01/07/2000]

[S 713/2021 wef 27/09/2021]

(i) the construction of an underground passageway designed —

(i) for use as a street or railway;

(ii) to serve as a conduit for utilities; or

(iii) to provide access for people, vehicles or equipment to any underground working site;

[S 280/2000 wef 01/07/2000]

[S 713/2021 wef 27/09/2021]

(j) tunnelling for the purpose of laying a sewer pipe, water pipe or other utility line.

[S 713/2021 wef 27/09/2021]

2.  In this Schedule —

“movement” does not include the passage of any equipment or vehicle along a public roadway;

“sheds”, “shelters” and “tents” do not include sheds, shelters and tents which are at least 10 metres (or in a case where liquefied petroleum gas is used, 20 metres) beyond the outermost edge of any part of a railway which is on or above the ground;

“trenches” and “pits” —

(a) include all trenches and pits which are within the railway protection zone of any part of a railway which is below the ground; and

(b) do not include trenches and pits which are less than 2 metres deep and at least 6 metres beyond the outermost edge of any part of a railway which is on or above the ground;

“vehicle”, in relation to paragraph 1(a), means a vehicle propelled or driven by mechanical power and includes a trailer, traction engine, tractor and road building machine.

[S 163/2003 wef 31/03/2003]

[G.N. Nos. S 204/1994; S 27/1996; S 214/1996]

LEGISLATIVE HISTORY

Rapid Transit Systems (Railway Protection, Restricted Activities) Regulations

 

This Legislative History is provided for the convenience of users of the Rapid Transit Systems (Railway Protection, Restricted Activities) Regulations. It is not part of this Act.
1.	G. N. No. S 204/1994—Mass Rapid Transit (Railway Protection, Restricted Activities) Regulations 1994
	Date of commencement	:	29 April 1994
2.	G. N. No. S 27/1996—Mass Rapid Transit (Railway Protection, Restricted Activities) (Amendment) Regulations 1996
	Date of commencement	:	19 January 1996
3.	G. N. No. S 214/1996—Mass Rapid Transit (Railway Protection, Restricted Activities) (Amendment No. 2) Regulations 1996
	Date of commencement	:	15 May 1996
4.	1997 Revised Edition—Rapid Transit Systems (Railway Protection, Restricted Activities) Regulations
	Date of operation	:	15 June 1997
5.	G. N. No. S 280/2000—Rapid Transit Systems (Railway Protection, Restricted Activities) (Amendment) Regulations 2000
	Date of commencement	:	1 July 2000
6.	G. N. No. S 163/2003—Rapid Transit Systems (Railway Protection, Restricted Activities) (Amendment) Regulations 2003
	Date of commencement	:	31 March 2003
7.	G. N. No. S 713/2021—Rapid Transit Systems (Railway Protection, Restricted Activities) (Amendment) Regulations 2021
	Date of commencement	:	27 September 2021