On 20/06/2013,
you requested for the version in force on 20/06/2013
incorporating all amendments published on or before 20/06/2013.
The closest version currently available is that of 12/09/2012.
FOURTH SCHEDULE
Sections 20 and 22
Compensation
Part I
|
Losses for which compensation may be claimed. |
Basis on which compensation is to be assessed. |
Persons who may claim compensation for their respective losses. |
Period within which the claim must be served on the Authority or other person. |
|---|---|---|---|
1. The loss due to displacement resulting from the exercise of the Authority’s right under section 5 of the Rapid Transit Systems Act (Cap. 263A) or section 9 of the Street Works Act (Cap. 320A). | A displacement payment. | Any person owning a compensatable interest in the land on the date on which the notice is issued under section 5(2) of the Rapid Transit Systems Act or section 9(2) of the Street Works Act, as the case may be. | Before the expiration of 2 years from the date on which the notice is issued under section 5(2) of the Rapid Transit Systems Act or section 9(2) of the Street Works Act, as the case may be. |
2. (a) Structural damage to any building resulting from the construction or operation of the railway or the construction of a road tunnel under the Street Works Act (Cap. 320A). | (a) The amount which is, or might be, fairly and reasonably incurred in repairing the damage. | (a) Any person owning a compensatable interest in the damaged building. | (a) Before the expiration of 6 years from the date of the opening for public traffic of that portion of the railway or road tunnel, as the case may be, from which the damage is alleged to have resulted. |
(b) the loss due to displacement resulting from structural damage mentioned in item (a) above. | (b) A displacement payment. | (b) Same as in item (a) above. | (b) Same as in item (a) above. |
3. Damage to any land or building resulting from the exercise of any power contained in section 9 of the Rapid Transit Systems Act (Cap. 263A) or section 12 of the Street Works Act (Cap. 320A). | The amount which is, or might be, fairly and reasonably incurred in repairing the damage. | Any person owning a compensatable interest in the land or damaged building. | Before the expiration of one year from the date of completion of the work carried out under section 10 of the Rapid Transit Systems Act or section 29 of the Street Works Act, as the case may be, from which the damage or loss is alleged to have resulted. |
4. The cost of altering the course or position of any apparatus and of repairing any street surface pursuant to a notice served by the Authority under section 10 of the Rapid Transit Systems Act or section 29 of the Street Works Act. | The cost which is fairly and reasonably incurred in effecting such alteration and repair. | The person on whom the notice under section 10 of the Rapid Transit Systems Act or section 29 of the Street Works Act, as the case may be, is served. | Before the expiration of one year from the completion of the alteration and repair. |
5. (a) The cost of the removal of any object or structure pursuant to a notice served by the Authority under section 11 of the Rapid Transit Systems Act (Cap. 263A) or section 13 of the Street Works Act (Cap. 320A) and which was erected and maintained without the contravention of any written law. | (a) The cost incurred in moving the object or structure and making good that part of the land or building from which it is removed. | (a) The person on whom the notice under section 11 of the Rapid Transit Systems Act or section 13 of the Street Works Act, as the case may be, is served. | (a) Before the expiration of one year from the date of removal. |
(b) The cost of reinstating an object or a structure described in item (a) above or of replacing the same with a similar object or structure. | (b) The cost incurred in so doing. | (b) The person on whom the notice under section 11 of the Rapid Transit Systems Act or section 13 of the Street Works Act, as the case may be, is served. | (b) Before the expiration of one year from the date of reinstatement or replacement. |
(c) The loss sustained by the removal of an object or a structure which was erected and maintained without the contravention of any written law and is not to be reinstated or replaced with a similar object or structure at the expense of the Authority under item (b) above. | (c) The amount which might fairly and reasonably be estimated as the cost of reinstating or replacing the object or structure. | (c) Any person owning a share or interest in the object or structure on the date on which it is removed under section 11(4) of the Rapid Transit Systems Act (Cap. 263A) or section 13(4) of the Street Works Act (Cap. 320A), as the case may be. | (c) Before the expiration of one year from the date of removal. |
Part II
1. The provisions in this Part shall, where applicable, have effect for the purpose of assessing compensation under Part I.
2. In Part I —
“compensatable interest” means the estate or interest of —
(a)
a person having an unexpired term in land (including any further term which could be obtained as of right) of not less than one month or a tenancy or sub-tenancy terminable (where by virtue of any written law or otherwise) by either party by giving not less than one month’s notice;
(b)
a mortgagee in possession;
(c)
the holder of a valid and subsisting option to purchase an interest referred to in paragraph (a) or (d); or
(d)
a purchaser under an agreement for sale and purchase to whom the benefit of an interest referred to in paragraph (a) or (c) has already passed;
“displacement” means the displacement of a person from land, whether such displacement is temporary or permanent;
“displacement payment” means a sum equal to the financial loss naturally and reasonably resulting from the displacement of a person from the land.
3. In the assessment of compensation, no account shall be taken of —
(a)
the financial loss resulting from the interruption of or interference with any trade or business carried on any land; and
(b)
any increase or decrease in the value of land to which the compensation relates which is attributable to —
(i)
the delineation thereof under section 3 of the Rapid Transit Systems Act (Cap. 263A) as part of the railway area; or
(ii)
the construction or operation of any railway or road.
4. Compensation may be refused or reduced in respect of any building or part thereof which has been constructed or modified or on which building works have been carried out so as to amount to a contravention of the Building Control Act (Cap. 29) being a contravention within the meaning of that Act.
5. The compensation assessed under item 2 or 3 of Part I shall be reduced to such extent as the Compensation Board thinks just and equitable having regard to the share in the responsibility for the loss or damage not attributable to and connected with the railway or tunnel.
6. Where a sign advertising any business, product, service or activity is removed under section 11(4) of the Rapid Transit Systems Act (Cap. 263A), nothing in item 5 (c) of Part I shall be construed as conferring upon any person a right to compensation for the loss of any benefit which might have accrued to him from the advertising of that business, product, service or activity if the sign had not been removed.
7. Where under this Act a claim for compensation may be made by a mortgagee in possession and compensation received by a mortgagee in possession shall be applied by him as if it were proceeds of sale of the mortgage security.
8. The compensation referred to in item 2 or 3 of Part I may be paid to any person owning a compensatable interest in land situate within or outside the railway area.