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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 20/10/2014, you requested the version in force on 20/10/2014 incorporating all amendments published on or before 20/10/2014. The closest version currently available is that of 01/07/2009.
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PART VA
TEMPORARY DEVELOPMENT LEVY
Temporary development levy
40A.
—(1)  Subject to the provisions of this Part, there shall be paid to the competent authority a tax known as a temporary development levy in respect of every development of land authorised by any planning permission or conservation permission granted for a specified period of 10 years or less.
(2)  Subject to subsection (3), the temporary development levy shall only be payable if the Development Ceiling for the land exceeds the Development Baseline.
(3)  The temporary development levy payable shall be calculated in accordance with the prescribed methods and rates.
(4)  For the purposes of this section, where the competent authority extends the period for which a planning permission or conservation permission referred to in subsection (1) is granted, the extension shall be deemed to be a separate planning permission or conservation permission for the period of the extension specified by the competent authority.
(5)  In this Part —
“Development Baseline” shall have the same meaning as in Part V;
“Development Ceiling” shall have the same meaning as in Part V except that the development referred to in section 36(7)(b) shall, notwithstanding any provision to the contrary in section 36, be deemed to refer to the development of the land to be authorised by a temporary permission;
“temporary permission” means a planning permission or conservation permission granted for a specified period of 10 years or less.
Liability to pay temporary development levy
40B.
—(1)  The competent authority shall determine whether a temporary development levy is payable in respect of any proposed development of land to be authorised by a temporary permission and, if payable, the amount thereof.
(2)  The competent authority shall issue and serve a notice requiring the payment of the amount of temporary development levy on the person liable for the payment in accordance with subsection (3).
(3)  The competent authority may, in his discretion, impose the temporary development levy on —
(a)
the owner of the land with respect to which a temporary permission is to be granted; or
(b)
the person who applied for the temporary permission.
(4)  The liability of the person on whom the temporary development levy is imposed shall continue notwithstanding any change in ownership of the land.
(5)  Notwithstanding section 13(2), the competent authority shall not grant any temporary permission until the temporary development levy payable under a notice under subsection (2) is paid to the competent authority.
(6)  Notwithstanding the provisions of any other written law relating to the registration of any interest or encumbrance over land, any outstanding amount of temporary development levy shall be secured as a first charge against the land to which the temporary permission relates and shall, subject to any other rights of the Government, prevail over all other estates and interests whenever created.
Remission of temporary development levy
40C.  The Minister may, in his discretion and subject to such terms and conditions as he may determine, remit, wholly or in part, the temporary development levy payable by any person if he is satisfied that it is just and equitable to do so.
Power to make rules relating to temporary development levy
40D.  The Minister may make rules to give effect to this Part and for any matter which is required under this Part to be prescribed and, in particular, for or with respect to all or any of the following matters:
(a)
the different rates and methods of calculation of the temporary development levy;
(b)
exempting any particular development or class of developments from being the subject of any temporary development levy;
(c)
the deferment of liability to pay any temporary development levy; and
(d)
the refund, wholly or in part, of the temporary development levy paid by any person.