CONTROL OF OBSTRUCTIONS IN VICINITY OF AERODROMES
—(1) If the Minister is satisfied, with respect to any structure in the vicinity of an aerodrome to which this section applies, that, in order to avoid danger to aircraft flying in that vicinity in darkness or conditions of poor visibility, provision ought to be made (whether by lighting or otherwise) for giving to the aircraft warning of the presence of that structure, he may by order authorise (subject to any conditions specified in the order) the proprietor of the aerodrome, and any person acting under the proprietor’s instructions —
to execute, install, maintain, operate, and, as occasion requires, repair and alter, such works and apparatus as may be necessary for enabling such warning to be given in the manner specified in the order; and
so far as may be necessary for exercising any of the powers conferred by the order to enter upon and pass over (with or without vehicles) any such land as may be specified in the order:
Provided that no such order shall be made in relation to any structure if it appears to the Minister that there have been made, and are being carried out, satisfactory arrangements for the giving of such warning as aforesaid of the presence of the structure.
(2) The Minister shall, before making any such order, cause to be published, in such manner as he thinks best for informing persons concerned, notice of the proposal to make the order and of the place where copies of the draft order may be obtained free of charge, and take into consideration any representations with respect to the order which may, within such period not being less than two months after the publication of the notice as may be specified therein, be made to him by any person appearing to him to have an interest in any land which would be affected by the order; and at the end of that period the order may, subject to this section, be made with such modifications (if any) of the original draft as the Minister thinks proper.
(3) Every such order as aforesaid shall provide —
that, except in a case of emergency, no works shall be executed on any land in pursuance of the order, unless, at least 14 days previously, the proprietor of the aerodrome to which the order relates has served in the manner prescribed by the order on the occupier of that land, and on every other person known by the proprietor to have an interest therein, a written notice containing such particulars of the nature of the proposed works, and the manner in which and the time at which it is proposed to execute them, as may be prescribed by or in accordance with the order;
that if, within 14 days after service of such notice on any person having such an interest, the proprietor of the aerodrome receives a written intimation of objection on the part of that person to the proposals contained in the notice, being an intimation which specifies the grounds of objection, then, unless and except in so far as the objection is withdrawn, no steps shall be taken in pursuance of the notice without the specific sanction of the Minister; and
for requiring the proprietor of the aerodrome to which the order relates to pay to any person having an interest in any land affected by the order such compensation for any damage or loss which that person may suffer in consequence of the order as may, in default of agreement, be determined from time to time by a single arbitrator appointed by the Chief Justice.
(4) For the purposes of this section, any expense reasonably incurred in connection with the lawful removal of any apparatus installed in pursuance of such an order, and so much of any expense incurred in connection with the repair, alteration, demolition or removal of any structure to which the order relates as is attributable to the operation of the order shall be deemed to be loss or damage suffered in consequence of the order.
(5) The ownership of anything shall not be taken to be affected by reason only that it is placed in, or affixed to, any land in pursuance of such an order as aforesaid; and, subject to subsection (7), so long as any such order in respect of an aerodrome is in force, no person shall, except with the consent of the proprietor of the aerodrome, wilfully interfere with any works or things which to the knowledge of that person, are works or things executed or placed in, on or over any land in pursuance of the order.
(6) If any person contravenes any of the provisions of subsection (5), he shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 6 months or to both.
(7) Nothing in this section shall operate, in relation to any structure, so as to restrict the doing of any work for the purpose of repairing, altering, demolishing or removing the structure if —
notice of the doing of that work is given as soon as possible to the proprietor of the aerodrome; and
the giving of warning of the presence of the structure in the manner provided by any order made under this section in force in relation thereto is not interrupted.
(8) In this section —
“aerodrome to which this section applies” means any premises which, by virtue of an order made under section 3, are for the time being licensed as an aerodrome for public use or any Government aerodrome; and
“proprietor of the aerodrome” in relation to any premises used or appropriated for use as an aerodrome, means the airport licensee or exempt airport operator under the Civil Aviation Authority of Singapore Act 2009 for those premises, or, in the case of a Government aerodrome, the officer in charge of such aerodrome.
—(1) Subject to subsection (2), this Part shall not apply to aircraft belonging to or exclusively employed in the service of the Government or of the Singapore Armed Forces or of any visiting force lawfully present in Singapore.
(2) The Minister may, by order, apply to any aircraft referred to in subsection (1), with or without modification, any of the provisions of this Part or of any subsidiary legislation made under this Part.
(3) Nothing in this Part, or in any subsidiary legislation made under this Part, shall prejudice or affect the rights, powers or privileges of any general or local lighthouse authority.
20. Whenever it appears to the Minister that it is or is likely to become necessary for the safety of air navigation in the vicinity of an aerodrome or for securing the efficient operation of any aid to air navigation, whether situated at or in the vicinity of an aerodrome or elsewhere that any area should be cleared or kept clear of obstructions, he may declare the area to be a controlled area for the purposes of this Part and shall define the boundaries of that area.
21. The Minister may, by order, prohibit absolutely or conditionally or regulate the erection of any structure above a height specified in the order, or the planting of any tree or other high growing vegetation, within a controlled area or any part of that area.
—(1) The Minister, or any officer authorised by the Minister in that behalf, may, by notice in writing, require the owner or occupier of any land subject to any order made under section 21, within such time (not being less than one month from the date of the service of such notice upon the person concerned) as may be fixed by the notice —
to remove or reduce in height any structure on the land, which is above the height specified in the order, whether the structure was erected before or after the making of the order, or any tree or other high growing vegetation, either planted in contravention of the order, or likely, in the opinion of the Minister or the officer to cause an obstruction to aircraft or to hinder the efficient operation of any aid to air navigation;
to take such steps in regard to, or to effect such alterations to, any structure, tree or other vegetation on any land within a controlled area, or any part of the area, as may be necessary to comply with any conditions imposed by any order made under section 21 applicable to the structure, tree or vegetation or in the case of any structure erected or tree or vegetation existing before the making of the order, which would have been applicable to the structure, tree or other vegetation if it had been erected or planted after the making of the order.
(2) If default shall be made in complying with the provisions of the notice within the time fixed by the notice, any officer authorised by the Minister either generally or specially in that behalf may enter upon the land and cause such action to be taken as is required by the notice and may recover the cost of and all expenses incurred in doing any necessary work from the person in default.
23. Any officer authorised in that behalf by the Minister and any person employed in that behalf under the supervision of that officer may enter upon, survey and take levels of any controlled area and may do all other acts necessary for the survey and for the purpose of marking out the boundaries of the area or any part thereof:
Provided that no such officer or person shall enter into any building or enclosed garden or compound attached to any building without the consent of the occupier unless he shall have previously given the occupier at least 3 clear days’ notice in writing of his intention to do so.
24. When any structure or valuable tree or plant is reduced in height or removed or any expense is reasonably incurred in compliance with any order or the conditions of any order, the owner or occupier of the land shall, unless the structure was erected or the tree or plant was planted in contravention of any order or of the conditions imposed thereby, receive compensation to the extent to which he has suffered damage by reason of such reduction or removal or has incurred such expense.
Damage caused by entry on land under section 23
25. Where any damage is done to property in the exercise or purported exercise of any power conferred by section 23, the owner or occupier shall receive compensation to the extent to which he has suffered damage thereby.
26. Where any land in a controlled area is affected by any order made under section 21 prohibiting or regulating the erection of any structure or the planting of any tree or vegetation, the owner or occupier thereof shall be entitled to compensation to the extent (if any) that the value of his land or his interest in the land is shown to have been, by reason of the provisions of the order, depreciated in relation to the current ordinary market value of neighbouring land not included in that order.
—(1) Where an offence under this Act committed by a body corporate is proved —
to have been committed with the consent or connivance of an officer; or
to be attributable to any neglect on his part,
the officer as well as the body corporate shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.
(2) Where the affairs of a body corporate are managed by its members, subsection (1) shall apply in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.
(3) Where an offence under this Act committed by a partnership is proved —
to have been committed with the consent or connivance of a partner; or
to be attributable to any neglect on his part,
the partner as well as the partnership shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.
(4) Where an offence under this Act committed by an unincorporated association (other than a partnership) is proved —
to have been committed with the consent or connivance of an officer of the unincorporated association or a member of its governing body; or
to be attributable to any neglect on the part of such an officer or member,
the officer or member as well as the unincorporated association shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.
(5) In this section —
“body corporate” includes a limited liability partnership which has the same meaning as in section 2(1) of the Limited Liability Partnerships Act 2005 (Act 5 of 2005);
in relation to a body corporate, means any director, partner, member of the committee of management, chief executive, manager, secretary or other similar officer of the body corporate and includes any person purporting to act in any such capacity; or
in relation to an unincorporated association (other than a partnership), means the president, the secretary, or any member of the committee of the unincorporated association, or any person holding a position analogous to that of president, secretary or member of a committee and includes any person purporting to act in any such capacity;
“partner” includes a person purporting to act as a partner.
(6) The Minister may make regulations to provide for the application of any provision of this section, with such modifications as the Minister considers appropriate, to any body corporate or unincorporated association formed or recognised under the law of a territory outside Singapore.
—(1) Any person who does any act in contravention of, or fails without reasonable excuse to comply with the terms of, any order or notice made or issued under section 21 or 22 shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000 or to imprisonment for a term not exceeding 6 months or to both.
(2) Any person who wilfully obstructs any person in the exercise of any of the powers conferred by this Part or by any subsidiary legislation made under this Part shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000.
—(1) The Minister or any officer authorised in that behalf by the Minister may, in his discretion, compound any offence under this Act or any subsidiary legislation 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 —
one half of the amount of the maximum fine that is prescribed for the offence; or
whichever is the lower.
[12/2007 wef 19/02/2007 wef 190/2/2007]
(1A) On payment of such sum of money, no further proceedings shall be taken against that person in respect of the offence.
(2) The Minister may make rules to prescribe the offences which may be compounded.