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Contents  

Long Title

Part I PRELIMINARY

Part II ACQUISITION

Preliminary investigation

Declaration of intended acquisition

Inquiry into measurements, value and claims, and award by Collector

Taking possession

Part III REFERENCE TO AN APPEALS BOARD AND PROCEDURE THEREON

Part IV APPORTIONMENT OF COMPENSATION

Part V PAYMENT

Part VI TEMPORARY OCCUPATION OF LAND

Part VII MISCELLANEOUS

Legislative History

 
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Land Acquisition Act
(CHAPTER 152)

(Original Enactment: Act 41 of 1966)

REVISED EDITION 1985
(30th March 1987)
An Act to provide for the acquisition of land for public and certain other specified purposes, the assessment of compensation to be made on account of such acquisition and for purposes connected therewith.
[17th June 1967]
PART I
PRELIMINARY
Short title
1.  This Act may be cited as the Land Acquisition Act.
Interpretation
2.
—(1)  In this Act, unless the context otherwise requires —
“assessor” means a member of the panel of assessors appointed under section 26(2);
“Board” means an Appeals Board constituted under section 19(1);
“Collector” has the same meaning as in the Land Revenue Collection Act (Cap. 155);
“Commissioner” means a Commissioner of Appeals or a Deputy Commissioner of Appeals, appointed under section 19(2), and includes an acting Commissioner of Appeals or acting Deputy Commissioner of Appeals;
“land” includes benefits to arise out of land and things attached to the earth or permanently fastened to anything attached to the earth;
“person interested” includes every person claiming an interest in compensation to be made on account of the acquisition of land under this Act, but does not include a tenant by the month or at will.
[66/73. ]
(2)  For the purposes of this Act, the following persons shall be deemed persons “entitled to act” as and to the extent hereinafter provided:
(a)
trustees for other persons beneficially interested shall be deemed the persons entitled to act with reference to any such case, and that to the same extent as the persons beneficially interested could have acted if free from disability; and
(b)
[Deleted by Act 19/2007 wef 07/05/2007]
(c)
the guardians of minors and deputies appointed or deemed to be appointed by the High Court for persons who lack capacity (incapacitated persons) under the Mental Capacity Act 2008 with power in relation to the incapacitated persons for the purposes of this Act, shall be deemed respectively the persons so entitled to act, to the same extent as the minors or incapacitated persons themselves could have acted if free from disability:
Provided that —
(i)
no person shall be deemed “entitled to act” whose interest in the subject matter is shown to the satisfaction of the Collector, the Board or the Court of Appeal to be adverse to the interest of the person interested for whom he would otherwise be entitled to act;
(ii)
in every such case the person interested may appear by a next friend, or, in default of his appearance by a next friend, the Collector, the Board or the Court of Appeal, as the case may be, shall appoint a guardian for the case to act on his behalf in the conduct thereof;
(iii)
the provisions of the Rules of Court for the time being in force shall, mutatis mutandis, apply in the case of persons interested appearing before the Collector, the Board or the Court of Appeal by a next friend, or by a guardian for the case, in proceedings under this Act; and
(iv)
no person “entitled to act” shall be competent to receive the compensation money payable to the person for whom he is entitled to act, unless he would have been competent to alienate the land and receive and give a good discharge for the purchase money on a voluntary sale.
PART II
ACQUISITION
Preliminary investigation
Power to enter and survey
3.
—(1)  Whenever it appears to the President that land in any locality is likely to be needed for any purpose specified in section 5(1), a notification to that effect shall be published in the Gazette and the Collector shall cause public notice of the substance of the notification to be given at convenient places in that locality, and thereupon any officer either generally or specially authorised by the Minister in that behalf and any person authorised in writing by that officer may —
(a)
enter upon and survey and take levels of any land in that locality;
(b)
dig or bore into the soil;
(c)
do all other acts necessary to ascertain whether the land is suitable for such purpose;
(d)
set out the boundaries of the land proposed to be taken and the intended line of the work, if any, proposed thereon;
(e)
mark those levels, boundaries and line by placing marks and cutting trenches; and
(f)
cut down and clear away any standing crop, fence or jungle, where otherwise the survey cannot be completed, the levels taken or the boundaries or line of the work marked.
(2)  No person shall enter into any building or upon any enclosed court or garden attached to a dwelling-house unless with the consent of the occupier thereof, without previously giving the occupier at least 7 days’ notice in writing of his intention to do so.
(3)  A notification made under this section in respect of any land in any locality shall cease to have effect on the expiration of 12 months from the date of its publication but nothing in this subsection shall be construed to preclude a further exercise of the powers conferred upon the President by this section or by section 5 in respect of such land.
[66/73]
Payment for damage
4.
—(1)  Where any damage is done in an entry made under section 3 by any act of the officer authorised under that section or person authorised in writing by that officer, compensation shall be paid as soon as conveniently may be after such entry and in case of dispute as to the amount of such compensation, the amount shall be determined by the Collector.
(2)  An appeal shall lie from the determination of the Collector under this section to the Minister whose decision shall be final.
Declaration of intended acquisition
Notification that land is required for specific purposes
5.
—(1)  Whenever any particular land is needed —
(a)
for any public purpose;
(b)
by any person, corporation or statutory board, for any work or an undertaking which, in the opinion of the Minister, is of public benefit or of public utility or in the public interest; or
(c)
for any residential, commercial or industrial purposes,
the President may, by notification published in the Gazette, declare the land to be required for the purpose specified in the notification.
(2)  Such a notification shall state —
(a)
the town subdivision or mukim in which the land is situated;
(b)
the lot number of the land, its approximate area and all other particulars necessary for identifying it; and
(c)
if a plan has been made of the land, the place and time where and when the plan may be inspected.
(3)  The notification shall be conclusive evidence that the land is needed for the purpose specified therein as provided in subsection (1).
Collector to proceed to acquire after notification
6.  Upon the publication of a notification under section 5(1) declaring that any land is needed for the purpose specified in the notification, the Minister or an officer authorised by the Minister in that behalf shall direct the Collector to take proceedings for the acquisition of the land.
Plan of land to be acquired
7.
—(1)  Where less than the whole of any land in which a person is interested is to be acquired, and there is no plan sufficient to identify the part of the land to be acquired from the records of the Registry of Deeds or the Land Titles Registry of the Singapore Land Authority, the Collector shall, so far as is practicable, prepare a plan that is sufficient to identify the part of the land to be acquired from the records of the Registry of Deeds or the Land Titles Registry, as the case may be.
(2)  Subsection (1) shall not apply if the part of the land to be acquired has already been marked out under section 3.
Notice to persons interested
8.
—(1)  The Collector shall then cause a notice to be published in at least 4 daily local newspapers circulating in Singapore, one each in each of the 4 official languages, stating —
(a)
that the Government intends to acquire the land; and
(b)
that claims to compensation for all interests in the land may be made to him.
[Act 2 of 2012 wef 01/03/2012]
(2)  The Collector shall also serve notice to the same effect on —
(a)
every person known or believed to be interested in the land and who —
(i)
is resident within Singapore; or
(ii)
is resident outside Singapore at an address that is ascertainable after reasonable inquiry; or
(b)
any person known or believed to be entitled to act for a person so interested and who —
(i)
resides, or is authorised to receive service on behalf of the person so interested, within Singapore; or
(ii)
resides, or is authorised to receive service on behalf of the person so interested, outside Singapore at an address that is ascertainable after reasonable inquiry.
(3)  Every notice published under subsection (1) or served under subsection (2) —
(a)
shall state the particulars of the land; and
(b)
shall require all persons interested in the land —
(i)
to appear personally or by any person authorised in writing in that behalf before the Collector at the time and place mentioned in the notice, such time being not earlier than 21 days after the date of the notice; and
(ii)
to state the nature of their respective interests in the land, the amount and particulars of their claims to compensation for those interests, the basis or mode of valuation by which the amount claimed is arrived at, and their objections, if any, to the measurements in any plan prepared under section 7.
[Act 2 of 2012 wef 01/03/2012]
(4)  The Collector may, in any case, require any statement under subsection (3) to be made in writing and signed by the party or his agent.
Power to require statements as to names and interests
9.
—(1)  The Collector may also require any such person to deliver to him within a time to be specified, being not less than 15 days, a statement in writing containing, so far as may be practicable, the name of every other person possessing any interest in the land or any part thereof as co-owner, mortgagee, lessee, sub-lessee, tenant or otherwise, and of the nature of that interest, and of the rents and profits, if any, received or receivable on account thereof for 3 years next preceding the date of the statement.
(2)  Every person required to make or deliver a statement under section 8 or this section shall be deemed to be legally bound to do so within the meaning of sections 175 and 176 of the Penal Code [Cap. 224].
Inquiry into measurements, value and claims, and award by Collector
Inquiry and award by Collector
10.
—(1)  On the day so fixed, or on any other day to which the inquiry has been adjourned, the Collector shall proceed to inquire into the objections, if any, which any person interested has stated, pursuant to a notice published under section 8(1) or served under section 8(2), to any plan prepared under section 7 (if any) and into the value of the land and into the respective interests of the persons claiming the compensation, and shall, as soon as possible after the conclusion of the inquiry, make an award under his hand of —
(a)
the area of the land;
(b)
the compensation which in his opinion should be allowed for the land; and
(c)
the apportionment of the compensation among all the persons known or believed to be interested in the land, of whom or of whose claims he has information, whether or not they have respectively appeared before him.
[Act 2 of 2012 wef 01/03/2012]
(2)  The Collector may at any time refer to the High Court for its determination any question as to —
(a)
the true construction or validity or effect of any instrument;
(b)
the persons entitled to a right or interest in the land;
(c)
the extent or nature of such a right or interest;
(d)
the apportionment of the compensation or any part thereof for such a right or interest;
(e)
the persons to whom the compensation or any part thereof is payable;
(f)
the costs of any inquiry under this Act and the persons by whom the costs shall be borne.
(3)  Without prejudice to the powers of the High Court, the costs of any reference under subsection (2) shall be borne by such persons as the High Court may direct or, in the absence of any such direction, by the Collector.
(4)  Where the Collector who has proceeded under this section to inquire into the objections of any person interested ceases for any reason to hold office as Collector at any time before the making of an award under this section, any other officer who is a Collector may in his discretion continue the inquiry or hold a fresh inquiry. For the purpose of this subsection, the Collector who continues the inquiry of a Collector who has ceased to hold office may act on the evidence recorded by the latter.
[66/73]
(5)  Where a Collector who has made an award under this section ceases for any reason to hold office as a Collector before lodging his grounds of award under section 23, any other officer who is a Collector may, if the notice of appeal is lodged under section 23, lodge such grounds of award on behalf of the Collector who has ceased to hold office.
[66/73]
Award of Collector when to be final
11.
—(1)  The Collector’s award shall be filed in his office and shall, except as hereinafter provided, be final and conclusive evidence as between the Collector and the persons interested, whether they have respectively appeared before the Collector or not, of the area and value of the land and the apportionment of the compensation among the persons interested.
(2)  The Collector shall serve a copy of his award on all persons interested provided that their addresses can be ascertained after reasonable inquiry when the award is made.
Effect of failure to comply with section 7
12.  Where at any inquiry held under section 10 no objection has been made by any person interested that section 7 has not been properly complied with, the award made in the inquiry shall not be questioned in any appeal before the Board or in any court on the ground —
(a)
that section 7 has not been properly complied with;
(b)
that any notice published under section 8(1) or served under section 8(2) is in any way defective by reason of any failure by the Collector to comply with section 7; or
[Act 2 of 2012 wef 01/03/2012]
(c)
that the award does not purport to state the area of the land to which it relates in accordance with section 10(1)(a).
Adjournment of inquiry
13.  The Collector may, for any cause he thinks fit, from time to time adjourn the inquiry to a day to be fixed by him.
Power to summon and enforce attendance of witnesses and production of documents
14.  For the purpose of inquiries under this Act, the Collector shall have power to summon and enforce the attendance of witnesses, including the parties interested or any of them, and to compel the production of documents by the same means, and, so far as may be, in the same manner, as is provided in the case of a court under the Rules of Court for the time being in force.
Matters to be considered and matters to be disregarded
15.  In determining the amount of compensation, the Collector shall take into consideration the matters mentioned in section 33 and shall not take into consideration any of the matters mentioned in section 34.
Taking possession
Power to take possession
16.
—(1)  When the Collector has made an award under section 10, he may take possession of the land by posting thereupon an appropriate notice.
(2)  Upon taking possession of the land under subsection (1), the Collector shall also serve a copy of the notice upon the persons interested in the land.
Power to take possession in cases of urgency
17.
—(1)  In cases of urgency, whenever the Minister directs him to do so, the Collector, though no such award had been made, may on the expiration of 7 days from the later of the date of the notice published under section 8(1) or the date of the notice served under section 8(2), take possession of any land needed for any of the purposes specified in section 5(1).
[Act 2 of 2012 wef 01/03/2012]
(2)  The Minister may, in his discretion, direct the Collector to take immediate possession of any land which is intended to be acquired under the provisions of this Act without the publication of a notification under section 5(1); but such a notification shall be published not later than 7 days after the Collector has taken possession of the land.
Notice to Registrar of Deeds and the lodging of an instrument with Registrar of Titles
18.  Immediately on taking possession of any land under section 16 or 17, the Collector shall —
(a)
in the case of land registered under the provisions of the Registration of Deeds Act [Cap. 269], give notice to the Registrar of Deeds who shall make an entry in the books of the registry that the land has vested in the State, and upon that entry being made, the land shall vest in the State free from encumbrances; or
(b)
in the case of land registered under the provisions of the Land Titles Act [Cap. 157], lodge in accordance with section 143(2) of that Act, an instrument of acquisition with the Registrar of Titles who shall, upon a request by the Collector, endorse on the relevant folio of the land register a notification to the effect that the land has become vested in the State as State land free from encumbrances and has ceased to be subject to the provisions of the Land Titles Act, and upon that endorsement being made, the land shall vest in the State free from encumbrances.
PART III
REFERENCE TO AN APPEALS BOARD AND PROCEDURE THEREON
Appeals Boards
19.
—(1)  For the purpose of hearing appeals in respect of any award made by the Collector under this Act, there shall be constituted one or more Appeals Boards consisting of a Commissioner of Appeals or a Deputy Commissioner of Appeals, either sitting alone or with two assessors in the manner provided by section 26.
(2)  The Commissioner and the Deputy Commissioner shall be appointed by the President, and no person shall be eligible to be appointed or to remain a Commissioner or Deputy Commissioner who —
(a)
is a Member of Parliament;
(b)
is an undischarged bankrupt;
(c)
has been sentenced to imprisonment for a term exceeding 6 months and has not received a free pardon; or
(d)
is mentally disordered and incapable of managing himself or his affairs.
(3)  The Commissioner and the Deputy Commissioner shall hold office for a period of two years from the date of their appointments and shall be eligible for reappointment.
(4)  The Commissioner and the Deputy Commissioner shall be deemed to be public servants within the meaning of the Penal Code [Cap. 224], and shall enjoy the same judicial immunity as is enjoyed by a Judge of the Supreme Court.