On 25/05/2013,
you requested for the version in force on 25/05/2013
incorporating all amendments published on or before 25/05/2013.
The closest version currently available is that of 08/03/2004.
PART III
18.
—(1) Every person who intends to construct any new street shall give notice in writing thereof to the Authority, accompanied by —
(a)
a plan submitted by a civil engineer who is registered as a professional engineer with a valid practising certificate under the provisions of the Professional Engineers Act (Cap. 253) showing the intended level and construction of the street and the level of the houses to be built on land abutting upon it and the proposed manner of draining it;
(b)
a statement whether the street is intended to be a carriage road or intended for foot traffic only;
(c)
a certificate by an accredited checker in respect of the plans relating to the structural elements of the street works stating that, to the best of his knowledge and belief, the plans so checked do not show any inadequacy in the key structural elements of the street to be constructed or affected by street works carried out in accordance with those plans; and
(d)
such other documents as may be prescribed,
in order that the plan may be approved by the Authority subject to compliance with such directions as may be given under subsection (3).
(2) The Authority shall not approve the detailed plans of any new street unless —
(a)
the competent authority has first given written permission for the use of the land for this purpose under the provisions of the Planning Act (Cap. 232); or
(b)
the use of the land for this purpose has been authorised under section 21(6) of the Planning Act.
(3) The Authority may give written directions to the person submitting a plan for a new street with regard to any of the following particulars:
(a)
compliance with this Act and any regulations made thereunder;
(b)
the line of the new street, so as to ensure that it forms a continuous street with any existing or proposed street;
(c)
the level, material and construction of the new street;
(d)
the provision of footways and the size, specification and gradient of such footways;
(e)
the provision along the length of the new street of intersecting streets or back-lanes;
(f)
the width of the new street;
(g)
the width of any intersecting street or back-lane, which shall be of such width as the Authority may require;
(ga)
the connection between the new street and other streets;
(h)
the gradients, levels and mode of drainage of the new street and of any intersecting streets or back-lanes;
(i)
the rounding of the corners of the new street;
(j)
the provision of culverts and the size, specification and gradient of such culverts;
(k)
the provision of street lighting; and
(l)
the planting of trees.
[11/2003 wef 01/08/2003]
(4) The person to whom any such written directions are so given shall amend the plan accordingly.
(5) The person whose plan has been approved by the Authority and each successor in title of that person, so far as the street lies in the land acquired by him, shall lay out the new street and demarcate its boundaries by such boundary stones or other marks as are considered sufficient by the Authority to denote the length, width and alignment of the street.
(6) If the new street has not been laid out and demarcated within the period of 6 months from the date when the plan was approved by the Authority, the Authority or any officer authorised by the Authority may enter upon the land and demarcate the boundaries of the new street at the expense of the person whose plan has been approved or of his successor in title.
(7) Any person who removes, defaces or injures any stone or mark set to denote the length, width or alignment of such new street shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000.
(8) The person whose plan has been approved by the Authority or his successor in title so far as the street lies in the land acquired by the successor shall, if he constructs the new street, construct it in accordance with the plans approved by the Authority within such period as may be specified in the approval.
(9) The Authority may, in its discretion, renew its approval under subsection (8) for such period as it may consider necessary.
(10) Where a person —
(a)
constructs any new street otherwise than in accordance with a plan approved by the Authority under this section;
(b)
erects any building on land abutting on a new street which has not been laid out in accordance with a plan so approved;
(c)
without the consent in writing of the Authority erects any building in such manner that any part thereof is within the area laid out as a street reserve for any street by the competent authority; or
(d)
constructs any culvert on the line of the new street drainage otherwise than in accordance with the plans and specifications approved by the Authority,
he shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000, and the Authority may make an order (which shall be deemed to be a mandatory order for the purposes of section 35) against the offender requiring him to execute any of the following works:
(i)
to alter the street;
(ii)
to alter any building so built;
(iii)
to remove any building so built;
(iv)
to alter or remove any culvert so constructed.
(11) Where any new street is stated to be intended for foot traffic only, the Authority may impose such conditions as it thinks fit for ensuring that the street shall not be used as a carriage road.
(12) Any person who keeps open or uses such street in breach of any condition imposed under subsection (11) 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 during or on which the offence continues or is repeated.
(13) No person shall erect or maintain or permit to be erected or maintained any obstruction in any such street, and the Authority may, where any such obstruction exists, take down and remove the same.
(14) For the purposes of this section, “new street” shall be deemed to include —
(a)
the continuation of an existing street;
(b)
the widening or alteration of any existing street; and
(c)
the adapting of a street made for foot traffic only for carriage traffic.
(15) If the person giving a notice under subsection (1) is dissatisfied with any requisition or disapproval by the Authority, he may appeal to the Minister whose decision shall be final.
(16) Subject to subsection (17), if the Authority does not, within 2 months from the delivery of a notice and the plan under subsection (1) or of the date of the re-submission of the plan amended in pursuance of subsection (4), as the case may be, approve the plan, the plan shall be deemed to be approved unless the Authority has previously disapproved it.
(17) Nothing in subsection (16) shall be construed as exempting the person submitting the plan from otherwise complying with the provisions of this Act or any regulations made thereunder.
(18) Where the plans of any street works or proposed street works have been approved by the Authority and the person for whom the plans are submitted intends to depart or deviate from the plans approved, he shall apply to the Authority for approval of the plans showing the proposed departure or deviation and such application shall be accompanied by the latter plans and a certificate by an accredited checker in respect of such of the latter plans relating to the structural elements of the street works or proposed street works stating that, to the best of the knowledge and belief of the accredited checker, those plans do not show any inadequacy in the key structural elements of the street works to be carried out or affected by street works carried out in accordance with those plans.
(19) The Authority may, with the approval of the Minister, by notification in the Gazette authorise, either generally or in relation to any specified type of development, the construction of new streets subject to such conditions as may be specified in the notification.
(20) Any person, who being required by or by virtue of this Act or any regulations made thereunder to make or produce to the Authority any plan, declaration, certificate, report, record, notice or other document, or who, for the purpose of obtaining any licence, permit, waiver or approval from the Authority under this Act or any regulations made thereunder or for the purpose of establishing any fact relevant to the administration of this Act or any regulations made thereunder —
(a)
makes or produces any plan, declaration, certificate, report, record, notice or other document which is false in a material particular; or
(b)
produces any plan, declaration, certificate, report, record, notice or other document which is false in a material particular, or which has not been made by the person by whom it purports to have been made, or which has been in any way altered or tampered with,
shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000.
19. All plans for a new street which were approved under section 19 of the repealed Act or under section 18 of this Act shall expire at the end of such period as may be specified by the Authority and the Authority may, in its discretion, renew the approval for such period as it may consider necessary.
20.
—(1) Every person shall, before commencing any work for the erection of any new building, submit an application in writing for the determination of the amount, if any, to be deposited or secured to the satisfaction of the Authority for the execution of street works as required under section 16 or 18.
[11/2003 wef 01/08/2003]
(2) The Authority shall —
(a)
on an application being made under subsection (1); or
(b)
where no such application has been made, after serving a notice on the person who is to be required to make the deposit or furnish the security,
by order in writing determine —
(i)
the amount, if any, that is required to be deposited or secured to the satisfaction of the Authority for the execution of street works; and
(ii)
if a deposit or security is required, the date on or before which the street works shall be completed.
[11/2003 wef 01/08/2003]
(3) The Minister may by order in writing exempt a particular building or class of buildings from subsection (1).
(4) Where no deposit or security is required, the Authority shall issue a certificate to the person who made the application under subsection (1) stating that no deposit or security is required to be made or furnished for the execution of street works before the commencement of building operations.
[11/2003 wef 01/08/2003]
(5) The Authority shall, in making an order under subsection (2), have regard to the amount that could be recovered by the Authority if it had executed the street works under the provisions of this Act.
(6) The Authority shall serve a copy of the order on the person who is required to deposit or secure the amount determined for the execution of street works, which amount —
(a)
shall be deposited with the Authority at such time as the Authority may by notice in writing specify;
(b)
shall be secured to the satisfaction of the Authority by such time and in such manner as the Authority may by notice in writing specify; and
(c)
shall not be refunded, except in accordance with section 22.
(7) Any person who fails to deposit or secure the amount determined for the execution of street works within the time specified by the Authority shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 and, in the case of a continuing offence, to a further fine of $100 for every day during which the offence continues after conviction.
[11/2003 wef 01/08/2003]
(8) The Authority may by order in writing vary the amount determined under subsection (2) for the execution of street works and serve a copy of the order on the person who is required to deposit or secure the amount determined for the execution of street works.
[11/2003 wef 01/08/2003]
(9) An order made under subsection (8) shall be deemed to be an order made under subsection (2).
(10) Any person who is dissatisfied with the order may, within 10 days of the service on him of the order, appeal to the Minister whose decision shall be final.
21.
—(1) If street works are not commenced or executed to the satisfaction of the Authority in any case where a deposit has been made or security has been furnished under section 20(6), the Authority may, at any time after the service of a notice in writing, execute the street works or cause the street works to be properly carried out.
[11/2003 wef 01/08/2003]
(2) The costs and expenses incurred by the Authority in the execution of the street works or in causing the street works to be properly carried out shall be recovered from the deposit made or the security furnished under section 20(6).
[11/2003 wef 01/08/2003]
22.
—(1) Where a deposit has been made or security has been furnished under section 20(6) and street works have been carried out to the satisfaction of the Authority, the Authority may, upon an application in writing, refund the deposit or return the security, in whole or in part, to the person who made the application under section 20(1).
(2) The Authority may retain the deposit or the security or any part thereof if it is of the opinion that —
(a)
the street works have not been executed properly;
(b)
the building operations in regard to the erection of any building which has not been commenced or completed would require further street works to be executed; or
(c)
it is required for a period of maintenance, which period shall not exceed 12 months.
[11/2003 wef 01/08/2003]
(3) In this section and in section 23, “building operations” means such works as are carried out for the erection of any new building, including works which are preparatory to the erection of a new building.
23.
—(1) Any person who has made a deposit or furnished any security under section 20(6), and who subsequently decides not to proceed with the erection of any building, without having commenced any building operations, may give notice in writing to the Authority of his intention not to proceed with the erection of the building.
[11/2003 wef 01/08/2003]
(2) The Authority shall, on an application in writing by a person who has given such a notice, refund the deposit or return the security, in whole or in part as it may determine, after the cancellation of the approved plan by the Commissioner of Building Control.
[4/99 wef 01/04/1999; 11/2003 wef 01/08/2003]
24.
—(1) Where any private street or any part thereof is in a defective condition, and if the Authority is satisfied that the safety of the public requires that action should be taken, the Authority may, by order require —
(a)
the owners of all premises abutting on the street and having access or right of access thereto from those premises; or
(b)
any person who, in the opinion of the Authority, was responsible for causing the street to be in a dangerous or defective condition,
to execute such work and make such provision as may be necessary to remedy the defect within such time as is stated in the order and may in the order specify the date before which the work shall be commenced.
(2) If any person to whom an order under subsection (1) is addressed fails to comply with the requirements of the order —
(a)
the Authority may execute the order in such manner as it thinks fit to repair the defect to remove any immediate danger; and
(b)
such person shall pay to the Authority the costs and expenses of the repair in such proportions as are settled by the Authority.
(3) Where any person to whom an order under subsection (1) is addressed fails to commence the work before the date specified in the order, the Authority may, in its discretion, notwithstanding that the period stated in the order for the completion of the work has not yet expired, itself cause the work to be done and recover from such person the costs and expenses of the work or such proportions of the costs and expenses as are settled by the Authority.
(4) If any person who is liable to pay costs and expenses under subsection (2) or (3) is dissatisfied with the Authority’s apportionment of costs and expenses, he may appeal to the Minister whose decision shall be final.
(5) Notwithstanding subsections (1), (2) and (3), the Authority may, in its discretion, execute street works on any private street or any part thereof as may be considered necessary for the public safety, except that the execution of such street works by the Authority shall not affect the liability of any person under subsection (1), (2) or (3).
(6) A certificate of the Authority stating that it is of the opinion that such person or persons named in the certificate was or were responsible for causing a private street or any part thereof to be in a dangerous or defective condition shall be conclusive evidence for the purpose of any proceedings for the recovery of the costs and expenses of the repairing of that private street.
25.
—(1) The Authority may, in any case where it is of the opinion that any person is responsible for causing a private street or any part thereof to be in a dangerous or defective condition, by notice require such person not to make further use of the private street for the purpose of transporting any matter, material or thing until such deposit as may be required under subsection (2) has been made with the Authority.
(2) The Authority may, by order in writing, require any person who has been served with a notice under subsection (1) to deposit with the Authority such sum as may be required for causing the street to be properly repaired.
(3) The Authority shall, in making an order under subsection (2), have regard to the costs and expenses that would have to be incurred if it should cause the work to be done.
(4) If a notice under subsection (1) is not complied with, the person who has been served with the notice shall be guilty of an offence and shall be liable on conviction —
(a)
to a fine not exceeding $5,000 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.
(5) The certificate of the Authority stating that it is of the opinion that the person named in the certificate is responsible for causing a private street or any part thereof to be in a dangerous or defective condition shall be conclusive evidence for the purpose of any prosecution under this section.