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Contents

Long Title

Part I PRELIMINARY

Part II MASTER PLAN AND CONSERVATION AREAS AND GUIDELINES

Part III DEVELOPMENT AND SUBDIVISION OF LAND

Part IV ENFORCEMENT

Part V DEVELOPMENT CHARGES

Part VA TEMPORARY DEVELOPMENT LEVY

Part VI RECOVERY OF MONEYS

Part VII MISCELLANEOUS

Part VIII TRANSITIONAL AND SAVING PROVISIONS

FIRST SCHEDULE Qualified Persons

SECOND SCHEDULE Uses

THIRD SCHEDULE

Legislative History

 
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On 21/09/2014, you requested the version in force on 21/09/2014 incorporating all amendments published on or before 21/09/2014. The closest version currently available is that of 01/07/2009.
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PART VII
MISCELLANEOUS
Determination of development charge, etc., not to be rendered invalid for want of form
50.  So long as the provisions of this Act are substantially complied with, no determination of a development charge or any other sum due under this Act, and no seizure or sale shall be rendered invalid by reason of any mistake in —
(a)
the name of any person liable to pay the development charge or other sum due;
(b)
the description of any land with respect to which the development charge or other sum due is payable; or
(c)
the amount of the development charge or other sum due or the mode of seizure and sale.
Authentication of documents
51.
—(1)  Any document which —
(a)
purports to bear the signature or facsimile signature of the competent authority or any officer or person authorised under section 5(2) or (3A); or
(b)
is or purports to be authenticated in such other manner as may be prescribed,
shall be deemed, until the contrary is proved, to have been duly prepared, issued or served by the competent authority.
(2)  In any proceedings under this Act, the contents of any such document shall be presumed to be correct until the contrary is proved.
Service of documents
52.
—(1)  Without prejudice to subsection (2), any notice or other document required or authorised to be served or given under this Act, and every summons issued by a court in connection with any offence under this Act, may be served or given —
(a)
by delivering it to the person on whom it is to be served or to whom it is to be given;
(b)
by leaving it at the usual or last known place of residence of that person or, in a case where an address for service has been given by that person, at that address;
(c)
by sending it by registered post addressed to that person at his usual or last known place of residence or, in the case where an address for service has been given by that person, at that address;
(d)
in the case of an incorporated company or body, by delivering it to the registered or principal office of the company or body, or by sending it by registered post addressed to the company or body at that office; or
(e)
in the case of an unincorporated body, by delivering it to the registered address of the unincorporated body or by sending it by registered post to the unincorporated body at that address.
(2)  Where the notice or document is required to be served on or given to a person who is the occupier of any premises comprised in any land, the notice or document shall be taken to be duly served on that person if it is addressed to that person and is affixed conspicuously to some object on the land.
(3)  Any notice, document or summons sent by registered post to a person, company or body in accordance with subsection (1) shall be deemed to be duly served on or given to that person, company or body at the time when it would, in the ordinary course of post, be delivered and in proving service of the same it shall be sufficient to prove that the envelope containing the notice, document or summons was properly addressed to that person, company or body, stamped and posted by registered post.
Exemption
53.  The Minister may, from time to time, by notification in the Gazette, exempt any land or lands either generally or for a specified period from the operation of all or any of the provisions of this Act.
Exclusion of liability
54.  Where the competent authority furnishes information of any provision or content of the Master Plan or any entry in the records kept by the competent authority under section 23 to any person in any manner or form whatsoever, the competent authority and any officer authorised under section 5(2) shall not be liable for any loss or damage suffered by that person or any other person by reasons of errors or omissions of whatever nature or however caused if such information was furnished in good faith and in the ordinary course of the discharge of the duties of the competent authority or the officer concerned as a delegate of the competent authority.
Protection from liability
55.  No matter or thing done or omitted to be done by the competent authority or by any officer or person authorised under section 5(2) or (3A) shall subject him or such person personally to any action, liability, claim or demand whatsoever if it were done or omitted to be done bona fide for the purpose of carrying out the provisions of this Act.
Power of Magistrate’s Court and District Court
56.  Notwithstanding the provisions of the Criminal Procedure Code (Cap. 68), a Magistrate’s Court or a District Court shall have powers to impose the maximum penalties provided for an offence under this Act.
Composition of offences
57.
—(1)  The competent authority may, in his discretion, compound any offence under this Act or any rules made thereunder which is prescribed as a compoundable offence by collecting from a person reasonably suspected of having committed the offence a sum not exceeding $1,000.
(2)  The Minister may make rules to prescribe the offences which may be compounded.
Offences by officers, etc., of bodies corporate
58.  Where an offence under this Act has been committed by a body corporate, a partnership or unincorporated association of persons, any person who, at the time of the commission of the offence, was a director, manager, partner, secretary or other similar officer thereof, or was purporting to act in any such capacity, shall also be guilty of that offence unless he proves that —
(a)
the offence was committed without his consent or connivance; and
(b)
he exercised all such diligence to prevent the commission of the offence as he ought to have exercised having regard to the nature of his functions in that capacity and to all the circumstances.
Correction of errors in register
59.
—(1)  The competent authority may at any time —
(a)
correct any erroneous entry in any record, register, plan or document required to be kept or maintained under this Act; or
(b)
add to the record, register, plan or document any matter which has been erroneously omitted.
(2)  Any correction shall be made in such manner as to leave the erroneous matter cancelled and the correct entry clearly legible.
(3)  The competent authority shall indicate the date on which any correction or addition is made to the record, register, plan or document.
Charges, fees and penalties to be paid into Consolidated Fund
60.
—(1)  There shall be paid into the Consolidated Fund —
(a)
all development charges collected by the competent authority under this Act; and
(b)
subject to any agreement made between the Minister and any statutory authority referred to in section 5(3) and to any direction of the Minister, all fines, fees, charges and other moneys collected under this Act.
(2)  No agreement or direction under subsection (1) shall apply to any fees, charges or other moneys which are expressly required by any provision of this Act to be paid into the Consolidated Fund.
Amendment of Schedules
60A.
—(1)  The Minister may at any time, by order published in the Gazette, amend the Schedules.
(2)  The Minister may, in any order made under subsection (1), make such incidental, consequential or supplementary provisions as may be necessary or expedient.
(3)  Any order made under subsection (1) shall be presented to Parliament as soon as possible after publication in the Gazette.
Rules
61.
—(1)  The Minister may make rules generally to give effect to the provisions of this Act and for prescribing anything that is to be prescribed.
(2)  Without prejudice to the generality of subsection (1), the Minister may by such rules provide for —
(a)
the development of land;
(b)
the control of density of buildings on land;
(c)
the regulation of the height, design, appearance and siting of buildings;
(d)
the control of means of access to land or buildings;
(e)
the protection of ancient monuments and land and buildings of historic or architectural interest;
(f)
the conservation of buildings, premises or land;
(g)
the form and manner in which applications for planning permission, conservation permission or subdivision permission shall be made;
(h)
the manner in which the competent authority shall deal with applications for planning permission, conservation permission and subdivision permission;
(i)
the fees or charges to be paid for any matter or thing done by the competent authority or the Minister under this Act;
(j)
the payment of a deposit by any person applying for planning permission, conservation permission or subdivision permission and the circumstances under which such deposit may be forfeited by the competent authority;
(k)
the manner in which appeals may be made and determined under this Act and the information to be supplied by the competent authority in connection therewith;
(l)
the requirements to be complied with for an application for planning permission, conservation permission or subdivision permission;
(m)
the types of applications for planning permission, conservation permission or subdivision permission which shall be accompanied by such certificates or declarations of an appropriate qualified person on such matters as may be specified by the competent authority in relation to the application;
(n)
the circumstances under which the competent authority may not accept a qualified person’s certificate or declaration for the purpose of the requirement referred to in paragraph (m);
(o)
the duties, responsibilities and liabilities of a qualified person in relation to the certificate or declaration referred to in paragraph (m);
(p)
the circumstances under which a qualified person’s certificate or declaration may not be lodged with or submitted to the competent authority as being in satisfaction of any requirement or condition specified in any notification made under section 21(6); and
(q)
the duties, responsibilities and liabilities of a qualified person in relation to the certificate or declaration made by him and lodged with or submitted to the competent authority in satisfaction of any requirement or condition specified in any notification made under section 21(6).
(3)  Rules relating to the making of applications and appeals, to the notification of decisions thereon and to the granting of written permissions may allow or require the application, appeal, notification or other information to be made and transmitted by such electronic means and in such manner as may be prescribed, and may provide for the manner in which they are to be authenticated or certified.
(3A)  The Minister may, in making any rules under this Act, provide that any contravention of any rule shall be an offence and may prescribe punishment by a fine not exceeding $20,000 or imprisonment for a term not exceeding 6 months or both.
(4)  All rules made under this Act shall be presented to Parliament as soon as possible after publication in the Gazette.