# legal_provisions

document_id: jtca-1968
provision_ref: s17
chapter: PART 3 - PROVISIONS RELATING TO CORPORATION
section: 17
title: Supplemental budgets
content:
17. —(1) The Corporation may at any time cause to be prepared a supplemental budget to provide, subject to section 24(2)( d ), for unforeseen or urgently required expenditure containing — ( a ) a revised estimate of the income for the current financial year; ( b ) a revised estimate of the expenditure for the current financial year; and ( c ) a statement showing how provision is made to meet additional expenditure. (2) A supplemental budget must be dealt with in the manner provided in section 16 for the annual budget.


document_id: jtca-1968
provision_ref: s18
chapter: PART 3 - PROVISIONS RELATING TO CORPORATION
section: 18
title: Accounts
content:
18. —(1) The accounts of the Corporation must be kept by a chief financial officer appointed by and responsible to the Corporation. (2) The chief financial officer must prepare in respect of each financial year a statement of accounts in a form approved by the Minister. (3) The chief financial officer must keep proper accounts and records of the transactions and affairs of the Corporation and must do all things necessary to ensure that all payments out of its moneys are correctly made and properly authorised and that adequate control is maintained over the assets of, or in the custody of, the Corporation and over the expenditure incurred by the Corporation. 19. [ Repealed by Act 5 of 2018 ] 20. [ Repealed by Act 5 of 2018 ]


document_id: jtca-1968
provision_ref: s21
chapter: PART 3 - PROVISIONS RELATING TO CORPORATION
section: 21
title: Presentation of financial statements
content:
21. —(1) A copy of the audited financial statements signed by the Chairperson, the chief executive officer and the chief financial officer, and certified by the Corporation’s auditor, together with a copy of any report made by the auditor, must be submitted to the Minister not later than 8 September and to the President not later than 30 September in each year. (2) The audited financial statements and the auditor’s report must be published in the Gazette . [5/2018] 22. [ Repealed by Act 5 of 2018 ]


document_id: jtca-1968
provision_ref: s23
chapter: PART 3 - PROVISIONS RELATING TO CORPORATION
section: 23
title: Bank account and accounting records
content:
23. —(1) All moneys paid to the Corporation must forthwith be paid into such banks as may be decided by the Corporation. (2) The accounting records of the Corporation must distinguish between capital and revenue transactions. (3) Moneys received by way of loans must be shown separately in the books and accounts and in the balance sheet of the Corporation.


document_id: jtca-1968
provision_ref: s24
chapter: PART 3 - PROVISIONS RELATING TO CORPORATION
section: 24
title: Payments to be made in accordance with budget
content:
24. —(1) A payment must not be made by the Corporation unless the expenditure is covered by an item in a budget and a sufficient balance for the item is available. (2) Despite the absence of such provision, the Corporation may pay — ( a ) sums deposited by contractors or other persons whenever by the conditions of the deposit any of those sums have become repayable; ( b ) sums collected and credited to the funds of the Corporation in error; ( c ) sums payable by the Corporation under any award of the Collector of Land Revenue or under any of the provisions of this Act or of any other written law relating to the acquisition of land for a public purpose or under any judgment or order of any court; and ( d ) any expenditure incurred to secure the proper execution of the functions and duties of the Corporation under this Act which, in the opinion of the Corporation, cannot be postponed. (3) Provision must be made in a supplemental budget for any payment made under subsection (2)( c ) or ( d ).


document_id: jtca-1968
provision_ref: s25
chapter: PART 3 - PROVISIONS RELATING TO CORPORATION
section: 25
title: Transfer of sums from one item to another
content:
25. Despite any of the provisions of this Act, the Corporation may transfer all or any part of moneys assigned to one item of expenditure to another item under the same head of expenditure in a budget approved by the Minister and the President.


document_id: jtca-1968
provision_ref: s26
chapter: PART 3 - PROVISIONS RELATING TO CORPORATION
section: 26
title: Power of investment
content:
26. The Corporation may invest its moneys in accordance with the standard investment power of statutory bodies as defined in section 33A of the Interpretation Act 1965. [45/2004]


document_id: jtca-1968
provision_ref: s27
chapter: PART 3 - PROVISIONS RELATING TO CORPORATION
section: 27
title: Power to make rules
content:
27. —(1) Despite section 32, the Corporation may, with the approval of the Minister, make rules prescribing anything that is to be prescribed and generally for carrying out the provisions of this Act. [34/2017] (2) Without limiting subsection (1), the Corporation may, with the approval of the Minister, make rules for or in respect of all or any of the following matters: ( a ) regulating the use and enjoyment of any common property or open space in any land vested in the Corporation, including — (i) restricting or prohibiting behaviour or activities on the common property or open space; (ii) restricting or prohibiting the parking of vehicles on any common property or open space which is not a parking place within the meaning of the Parking Places Act 1974; (iii) waste disposal; (iv) safety or security measures; and (v) power for the Corporation to move, store or dispose of, or authorise the disposal of, objects or things left on the common property or open space and the passing of title to any objects or things on such disposal; ( b ) prescribing that any act or omission in contravention of any rule shall be an offence punishable by a fine not exceeding $5,000; ( c ) prescribing the penalty (if unpaid, to constitute a debt due to the Corporation and be recoverable as such) to be paid by the Corporation’s lessee or licensee for late payment of any moneys due to the Corporation under any lease, tenancy or licence. [34/2017] (3) The Corporation or a duly authorised employee of the Corporation who reasonably believes that any person has committed an offence under any rules made under this section may require the person to furnish evidence of the person’s identity, and the person must furnish evidence of the required identity. [34/2017] (4) Any person who — ( a ) without reasonable excuse, refuses to furnish any information required of the person by the Corporation or duly authorised employee of the Corporation under subsection (3); or ( b ) wilfully misstates such information, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000. [34/2017] (5) For the purposes of subsection (4), a person is not excused from disclosing any information required under subsection (3) on the ground that to do so might tend to incriminate the person or expose the person to a penalty. [34/2017] (6) All rules made under this Act must be presented to Parliament as soon as possible after publication in the Gazette . [34/2017] 28. [ Repealed by Act 20 of 2013 ] 29. [ Repealed by Act 20 of 2013 ] 30. [ Repealed by Act 23 of 1995 ]


document_id: jtca-1968
provision_ref: s31
chapter: PART 3 - PROVISIONS RELATING TO CORPORATION
section: 31
title: Special provisions relating to sale of land by Corporation
content:
31. For the purposes of registering an assurance relating to the sale by the Corporation of any land, the mortgage of the land in favour of the Corporation or the reconveyance or discharge of the mortgage — ( a ) in the case of land registered under the provisions of the Registration of Deeds Act 1988, section 11 of that Act does not apply; and ( b ) in the case of land registered under the provisions of the Land Titles Act 1993 where a solicitor is not employed by the Corporation, a certificate of an officer authorised in writing in that behalf by the Corporation is sufficient for the purposes of section 59 of that Act.


document_id: jtca-1968
provision_ref: s32
chapter: PART 3 - PROVISIONS RELATING TO CORPORATION
section: 32
title: Regulations
content:
32. —(1) The Minister may, after consultation with the Corporation, make regulations that the Minister may consider necessary or desirable for the proper conduct of the business of the Corporation and, in particular, for any of the following matters: ( a ) the convening of meetings of the Corporation and the procedure to be followed at the meetings, to the extent not inconsistent with the Public Sector (Governance) Act 2018; ( b ) the provision of a common seal and its custody and use; ( c ) the manner in which documents, cheques and instruments of any description are to be signed or executed on behalf of the Corporation; ( d ) the manner and terms of issue and redemption of bonds and debentures by the Corporation; and ( e ) generally for the exercise of the powers of the Corporation under the provisions of this Act. [5/2018] (2) All regulations made under this Act must be presented to Parliament as soon as possible after publication in the Gazette .


document_id: jtca-1968
provision_ref: s33
chapter: PART 3 - PROVISIONS RELATING TO CORPORATION
section: 33
title: Obstruction of officer of Corporation
content:
33. Any person who obstructs or refuses to give access to any officer of the Corporation or any person duly authorised by the Corporation in that behalf in the performance of anything which the officer or person is by this Act required or empowered to do shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months. [20/2013]


document_id: jtca-1968
provision_ref: s34
chapter: PART 3 - PROVISIONS RELATING TO CORPORATION
section: 34
title: Transfer to Corporation of assets and liabilities of Economic Development Board
content:
34. As from 1 June 1968, all the lands, buildings and other property, movable and immovable of the Economic Development Board constituted under the provisions of the Economic Development Board Act 1961, including all the assets, powers, rights, interests and privileges as well as the debts, liabilities and obligations in connection therewith or appertaining thereto that are specified by the Minister by notification in the Gazette are deemed to have been transferred to and vested in the Corporation without further assurance.


document_id: jtca-1968
provision_ref: s35
chapter: PART 3 - PROVISIONS RELATING TO CORPORATION
section: 35
title: Corporation’s symbols
content:
35. —(1) The Corporation has the exclusive right to the use of — ( a ) the symbols which are set out in the Schedule; and ( b ) any other symbol that it may devise or adopt from time to time and to display or exhibit in connection with its activities or affairs. (2) The Corporation must publish the symbol mentioned in subsection (1)( b ) in the Gazette . (3) Any person who uses a symbol identical with, or which so resembles, any of the Corporation’s symbols as to or be likely to deceive or cause confusion, 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. (4) Nothing in this section is to be construed as authorising the Corporation to use any symbol which any person has acquired the exclusive right to use under the Trade Marks Act 1998 or otherwise. [46/98]


document_id: jtca-1968
provision_ref: s35A
chapter: PART 3 - PROVISIONS RELATING TO CORPORATION
section: 35A
title: Furnishing of information
content:
35A. —(1) The Corporation or any of its employee authorised by the Corporation in that behalf may, for the purpose of obtaining statistical information in relation to industrial property in Singapore, by notice require any person to furnish to the Corporation or the employee so authorised, within the period specified in the notice, all particulars or information relating to all matters that may be required by the Corporation and that is within that person’s knowledge, custody or control. [20/2013] (2) Subject to subsection (6), a notice issued under subsection (1) may be served in the following manner: ( a ) in the case of an individual — (i) by delivering it to the individual personally; (ii) by leaving it with an adult person apparently resident at, or by sending it by prepaid registered post to, the usual or last known address of the place of residence of the individual; (iii) by leaving it with an adult person apparently employed at, or by sending it by prepaid registered post to, the usual or last known address of the place of business of the individual; (iv) by affixing a copy of the notice in a conspicuous place at the usual or last known address of the place of residence or place of business of the individual; or (v) by electronic communication, by sending an electronic communication of the notice to the last email address given to the Corporation by the individual as the email address for the service of documents on the individual; ( b ) in the case of a partnership other than a limited liability partnership — (i) by delivering it to any one of the partners or the secretary or other similar officer of the partnership; (ii) by leaving it at, or by sending it by prepaid registered post to, the principal or last known place of business of the partnership in Singapore; (iii) by sending it by fax to the fax number operated at the principal or last known place of business of the partnership in Singapore; or (iv) by electronic communication, by sending an electronic communication of the notice to the last email address given to the Corporation by the partnership as the email address for the service of documents on the partnership; and ( c ) in the case of any limited liability partnership or any other body corporate — (i) by delivering it to the secretary or other similar officer of the body corporate or, in the case of a limited liability partnership, the manager of the partnership, or to any person having, on behalf of the limited liability partnership or other body corporate, powers of control or management over the business, occupation, work or matter to which the notice relates; (ii) by leaving it at, or by sending it by prepaid registered post to, the registered office or principal place of business of the limited liability partnership or other body corporate in Singapore; (iii) by sending it by fax to the fax number operated at the registered office or principal place of business of the limited liability partnership or other body corporate in Singapore or elsewhere; or (iv) by electronic communication, by sending an electronic communication of the notice to the last email address given to the Corporation by the limited liability partnership or other body corporate as the email address for the service of documents on the limited liability partnership or body corporate. [20/2013] (3) If the person on whom service is to be effected has an agent within Singapore, the notice may be delivered to the agent. [20/2013] (4) Any notice issued under subsection (1) which is to be served on the occupier of any premises — ( a ) may be served by delivering it to an adult person on the premises or, if there is no such person on the premises to whom it can with reasonable diligence be delivered, by affixing the notice to a conspicuous part of the premises; and ( b ) is deemed to be properly addressed if addressed by the description of the occupier of the premises without further name or description. [20/2013] (5) Where any notice issued under subsection (1) and required to be served on any person is — ( a ) sent by registered post to any person in accordance with subsection (2), it is deemed to be duly served on the person at the time when it would, in the ordinary course of post, be delivered, whether or not it is returned undelivered, and in proving service of the notice, it is sufficient to prove that the envelope containing the same was properly addressed, stamped and posted by registered post; ( b ) sent by ordinary post to any person in accordance with subsection (2), it is deemed to be duly served on the person to whom it is addressed on the day succeeding the day on which it would, in the ordinary course of post, be delivered; ( c ) sent by fax to the fax number operated at the last known place of residence or business or registered office or principal place of business in accordance with subsection (2), it is deemed to be duly served on the person to whom it is addressed on the day of fax transmission, subject to receipt on the sending fax machine of a notification (by electronic or other means) of a successful transmission to the place of residence or business or registered office or principal place of business, as the case may be; and ( d ) sent by electronic communication to an email address in accordance with subsection (2), it is deemed to be duly served on the person to whom it is addressed at the time of entering the information system addressed to the email address. [20/2013] (6) Service of any notice under this section on a person by electronic communication may be effected only if the person gives as part of the person’s address for service an email address. [20/2013] (7) Any person who on being required by notice under this section to furnish any particulars or information — ( a ) wilfully refuses or without lawful excuse (the proof of which lies on the person) neglects to furnish the particulars or information within the time specified in the notice; or ( b ) wilfully furnishes or causes to be furnished any false particulars or information in respect of any matter specified in the notice requiring particulars or information to be furnished, 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. [20/2013] (8) Nothing in this section authorises the Corporation, or any of its employee authorised by the Corporation in that behalf, to require the Inland Revenue Authority of Singapore or the Urban Redevelopment Authority to furnish to the Corporation or the employee so authorised — ( a ) any particulars or information in the possession of the Inland Revenue Authority of Singapore obtained in the performance of any of its functions; or ( b ) any particulars or information in the possession of the Urban Redevelopment Authority obtained in the performance of any of its functions. [20/2013]


document_id: jtca-1968
provision_ref: s35B
chapter: PART 3 - PROVISIONS RELATING TO CORPORATION
section: 35B
title:
Request for information from Inland Revenue Authority of Singapore and Urban Redevelopment Authority

content:
35B. —(1) For the purpose of obtaining data for statistical purposes relating to industrial property in Singapore, the Corporation may in writing require — ( a ) the Inland Revenue Authority of Singapore to furnish or supply to the Corporation any particulars or information in the possession of the Inland Revenue Authority of Singapore that it obtained in the performance of its function as an agent of the Government in administering, assessing, collecting and enforcing payment of property tax or stamp duties; or ( b ) the Urban Redevelopment Authority to furnish or supply to the Corporation any particulars or information in the possession of the Urban Redevelopment Authority — (i) that the Urban Redevelopment Authority obtained pursuant to any notice under section 44 of the Urban Redevelopment Authority Act 1989; or (ii) that was collected by the Research and Statistics Unit before 1 September 1989 and transferred to the Urban Redevelopment Authority under section 31 of the Urban Redevelopment Authority Act 1989. [20/2013] (2) Despite the provisions of the Inland Revenue Authority of Singapore Act 1992 and the Urban Redevelopment Authority Act 1989, the Inland Revenue Authority of Singapore and the Urban Redevelopment Authority, respectively, must furnish the particulars and information required under subsection (1) within the time agreed to between the Corporation and the Inland Revenue Authority of Singapore or the Urban Redevelopment Authority, as the case may be. [20/2013]


document_id: jtca-1968
provision_ref: s35C
chapter: PART 3 - PROVISIONS RELATING TO CORPORATION
section: 35C
title: Preservation of secrecy
content:
35C. —(1) A member, officer or employee of the Corporation must not disclose any particulars or information which has been obtained by the member, officer or employee of the Corporation in the performance of his or her duties or the exercise of his or her function under section 35A or 35B unless — ( a ) the disclosure is with the previous written consent of the person who furnished the particulars or information under section 35A or the person to whom the particulars or information relates; ( b ) the disclosure is in the form of statistics which do not identify the person who furnished the particulars or information under section 35A or the person to whom the particulars or information relates; ( c ) the disclosure is to the Urban Redevelopment Authority pursuant to its request made under section 44A of the Urban Redevelopment Authority Act 1989; ( d ) the disclosure is to the Chief Statistician pursuant to a direction under section 6 of the Statistics Act 1973 where the particulars or information is not exempted under section 6(2) of that Act from being so furnished; ( e ) the disclosure is for the purposes of any proceedings for an offence under section 35A(7) or this section or any report of those proceedings; or ( f ) the particulars or information is already in the public domain at the time of its disclosure. [20/2013] (2) The Corporation may, in respect of any particulars or information disclosed to any person under subsection (1)( a ), impose conditions as to the use of the particulars or information by written notice to that person. [20/2013] (3) Any person who discloses any particulars or information in contravention of subsection (1), or who fails to comply with any condition imposed on the person under subsection (2), 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 one year or to both. [20/2013] (4) To avoid doubt, nothing in subsection (1) authorises the disclosure of any particulars or information mentioned in that subsection to any officer or employee of the Corporation not charged with any duties or function under section 35A or 35B. [20/2013]


document_id: jtca-1968
provision_ref: s35D
chapter: PART 3 - PROVISIONS RELATING TO CORPORATION
section: 35D
title: Entry on premises to obtain statistical information
content:
35D. Any officer of the Corporation authorised by the Corporation in that behalf may, with such assistants as are necessary, at any reasonable time, with the consent of the occupier of any land or premises or after 6 hours’ previous notice to such an occupier, and without involving any search or seizure of any premises, person or thing, enter the land or premises for all or any of the following purposes: ( a ) for or in connection with obtaining statistical information in relation to industrial property in Singapore; ( b ) for the purpose of verifying the accuracy or completeness of any particulars or information furnished by any person pursuant to a notice issued under section 35A(1). [20/2013]


document_id: jtca-1968
provision_ref: s36
chapter: PART 4 - TRANSFER OF HDB INDUSTRIAL UNDERTAKINGS
section: 36
title: Interpretation of this Part
content:
36. In this Part, unless the context otherwise requires — “asset”, in relation to the transferor, means property of any kind (whether tangible or intangible, whether arising from, accruing under, created or evidenced by or the subject of an instrument or otherwise, and whether present, future or contingent) of the transferor on the eve of the transfer date and includes, without limitation — ( a ) a legal or equitable interest in real or personal property; ( b ) a chose in action; ( c ) a security; ( d ) money; ( e ) intellectual property; ( f ) infrastructure, plant and equipment; ( g ) records and information (including data) in any form; and ( h ) a right; “excluded undertaking” means the assets and liabilities of the transferor which are determined under section 41(1) as assets and liabilities that must not be transferred to the Corporation under this Part; “Industrial Properties Group” means the department of the transferor known as the Industrial Properties Group; “liability”, in relation to the transferor, means any liability, duty or obligation (whether actual or contingent, liquidated or unliquidated, and whether owed alone or jointly or jointly and severally with any other person) of the transferor on the eve of the transfer date; “records”, in relation to the transferor, means registers, papers, documents, minutes, receipts, books of account and any other record, however compiled, recorded or stored, of the transferor existing on the eve of the transfer date; “right”, in relation to the transferor, means any right, power, privilege or immunity of the transferor on the eve of the transfer date; “transfer date” means 1 January 2018; “transferor” means the Housing and Development Board constituted under the Housing and Development Act 1959; “transferring employee” means an employee of the transferor who, on the eve of the transfer date, is deployed in the Industrial Properties Group. [34/2017]


document_id: jtca-1968
provision_ref: s37
chapter: PART 4 - TRANSFER OF HDB INDUSTRIAL UNDERTAKINGS
section: 37
title: Transfer of undertaking to Corporation
content:
37. —(1) On the transfer date, all assets and liabilities of the transferor that relate to the functions of the Industrial Properties Group, except the excluded undertaking, are transferred to the Corporation. [34/2017] (2) When any assets or liabilities are transferred under subsection (1), the following provisions have effect: ( a ) the assets of the transferor that are the subject of the transfer vest in the Corporation by virtue of this section and without the need for any further conveyance, transfer, assignment or assurance; ( b ) the liabilities of the transferor that are the subject of the transfer become by virtue of this section the liabilities of the Corporation; ( c ) all legal or other proceedings relating to those assets or liabilities that are started before the transfer date by or against the transferor and pending immediately before that date are taken to be proceedings pending by or against the Corporation; ( d ) any legal or other proceedings relating to those assets or liabilities which could have been started immediately before the transfer date by or against the transferor may be started by or against the Corporation; ( e ) a judgment or order of a court or other tribunal obtained before the transfer date by or against the transferor relating to those assets or liabilities may be enforced by or against the Corporation; ( f ) any document relating to legal or other proceedings relating to those assets or liabilities, that has been served on or by the transferor before the transfer date, is taken (where appropriate) to have been served on or by the Corporation; ( g ) any act, matter or thing done or omitted to be done before the transfer date in relation to those assets or liabilities by, to or in respect of the transferor is (to the extent to which that act, matter or thing has any force or effect) taken to have been done or omitted by, to or in respect of the Corporation; ( h ) a reference in any written law, in any instrument made under any Act, in any contract, agreement, arrangement or undertaking, or in any document of any kind to the transferor, as regards anything falling to be done or capable of being done on or after the transfer date and to the extent to which the reference relates to those assets or liabilities, is taken to be, or includes, a reference to the Corporation; ( i ) a reference in any written law, in any instrument made under any Act, in any contract, agreement, arrangement or undertaking, or in any document of any kind to an officer of the transferor, as regards anything falling to be done or capable of being done on or after the transfer date and to the extent to which the reference relates to those assets or liabilities, is taken to be, or includes, a reference to an officer of the Corporation whom the Corporation appoints for that purpose. [34/2017] (3) In particular — ( a ) all security deposits deposited with the transferor in relation to any assets or liabilities transferred under subsection (1) and not forfeited before the transfer date; and ( b ) the benefits of all indemnities, guarantees or warranties given to the transferor in relation to any assets or liabilities transferred under subsection (1) and not discharged before that date, are, without further assurance, transferred and deemed deposited with or given to the Corporation. [34/2017] (4) The operation of this section does not — ( a ) constitute a breach of, or default under, an Act or other law or otherwise a civil wrong or criminal wrong; ( b ) constitute a breach of duty of confidence (whether arising by contract, in equity, by custom, or in any other way); ( c ) constitute a breach of any contractual provision prohibiting, restricting or regulating the assignment or transfer of assets or liabilities or the disclosure of any information; ( d ) terminate an agreement or fulfil any condition that allows a person to terminate any agreement or obligation, or give rise to any right or remedy in respect of any agreement or obligation; ( e ) cause any contract or instrument to be void or otherwise unenforceable; ( f ) frustrate any contract or release any surety or other obligor wholly or in part from any obligation; ( g ) release a surety or other obligee wholly or in part from an obligation; or ( h ) constitute an event of breach of, or default under, any contract or other instrument. [34/2017] (5) No attornment to the Corporation by a lessee from the transferor is required. [34/2017]


document_id: jtca-1968
provision_ref: s38
chapter: PART 4 - TRANSFER OF HDB INDUSTRIAL UNDERTAKINGS
section: 38
title: Transferring employees to Corporation
content:
38. —(1) On the transfer date, every transferring employee — ( a ) stops being an employee of the transferor; and ( b ) is each transferred to the service, and becomes an employee, of the Corporation on terms no less favourable than those enjoyed by the employee on the eve of the transfer date. [34/2017] (2) The transfer of a transferring employee to the Corporation — ( a ) does not interrupt continuity of service; ( b ) does not constitute a retrenchment or redundancy; and ( c ) does not entitle any employee so transferred to any payment or other benefit merely because he or she stops being employed by the transferor. [34/2017] (3) A certificate purporting to be signed by the Minister certifying that an individual named in the certificate was, with effect from the transfer date, employed by virtue of this section by the Corporation, is admissible in evidence in any proceedings as evidence of the matters stated in it. [34/2017] (4) Nothing in this section prevents — ( a ) any of the terms and conditions of employment of an individual transferred under this section from being altered by or under any law, award or agreement with effect from any time after the transfer date; and ( b ) an individual transferred under this section from resigning from the Corporation at any time after the transfer date, in accordance with the terms and conditions of his or her employment then applicable. [34/2017] (5) To avoid doubt, section 18A of the Employment Act 1968 does not apply to the transfer under this Part of any employee to the Corporation. [34/2017]


document_id: jtca-1968
provision_ref: s39
chapter: PART 4 - TRANSFER OF HDB INDUSTRIAL UNDERTAKINGS
section: 39
title: General preservation of employment terms
content:
39. —(1) The service with the Corporation of an employee transferred under section 38 (called in this section a transferred employee) must be regarded for all purposes as having been continuous with the service of the employee with the transferor immediately before the transfer date. [34/2017] (2) On the transfer date — ( a ) a transferred employee retains all accrued rights as if employment with the Corporation were a continuation of employment with the transferor; ( b ) the liabilities of the transferor relating to the transferred employee’s accrued rights to annual, sick, maternity or other leave and superannuation become the liabilities of the Corporation; and ( c ) a reference in the contract of employment that had effect in relation to the transferred employee immediately before the transfer date is taken to be, or includes, a reference to the Corporation. [34/2017] (3) For any conduct while a transferred employee was employed by the transferor which would have rendered the employee liable to be reprimanded, reduced in rank, retired, dismissed or punished by the transferor, the Corporation may — ( a ) start any disciplinary proceedings against that employee; ( b ) carry on and complete any disciplinary proceedings started by the transferor against the transferred employee if those proceedings are pending on the eve of the transfer date; and ( c ) reprimand, reduce in rank, retire, dismiss or otherwise punish a transferred employee, as if the employee were not transferred. [34/2017] (4) Where, on the eve of the transfer date, any matter about the conduct of a transferred employee while employed by the transferor — ( a ) was in the course of being heard or investigated by a committee of the transferor acting under due authority; or ( b ) had been heard or investigated by a committee of the transferor acting under due authority but no order, ruling or direction had been made, that committee must complete the hearing or investigation and make such order, ruling or direction as it could have made under the authority vested in it before that date, and that order, ruling or direction is to be regarded as an order, ruling or direction of the Corporation. [34/2017] (5) Until conditions of employment are drawn up by the Corporation for the transferred employees, every transferred employee is to be regarded as being employed by the Corporation on the same conditions of employment applicable to the employee on the eve of the transfer date as the transferor. [34/2017] (6) Any condition of employment relating to the length of service with the Corporation must recognise the length of service of the employees so transferred while in the employment of the transferor (including any previous service of the employees taken to be service with the transferor) to be service with the Corporation. [34/2017]


document_id: jtca-1968
provision_ref: s40
chapter: PART 4 - TRANSFER OF HDB INDUSTRIAL UNDERTAKINGS
section: 40
title: Transfer of records
content:
40. From the transfer date, every record, or part of any record, of the transferor that relates to — ( a ) any assets or liabilities transferred to the Corporation under section 37; or ( b ) any transferring employee, becomes the record of the Corporation. [34/2017]


document_id: jtca-1968
provision_ref: s41
chapter: PART 4 - TRANSFER OF HDB INDUSTRIAL UNDERTAKINGS
section: 41
title: Confirmation of undertaking transferred
content:
41. —(1) For the purposes of determining the undertaking to be transferred to the Corporation under this Part, the Minister and the Minister charged with the responsibility for the transferor must, before the transfer date, after consulting the transferor and the Corporation, jointly specify the assets and liabilities of the transferor that relate to the functions of the Industrial Properties Group which must not be transferred to the Corporation under this Part. [34/2017] (2) If any dispute arises — ( a ) as to whether an asset or a liability, or an employee or a record is transferred under section 37, 38 or 40; or ( b ) as to whether any, or any part of any, contract or document relates to an asset or a liability, or an employee or a record, transferred under section 37, 38 or 40, the Minister for Finance may determine the matter and is to provide the concerned parties with written notice of that determination. [34/2017] (3) The determination of the Minister for Finance under subsection (2) is final and binding on the transferor and the Corporation. [34/2017] 42. [ Repealed by Act 34 of 2017 ] 43. [ Repealed by Act 34 of 2017 ] 44. [ Repealed by Act 34 of 2017 ] 45. [ Repealed by Act 34 of 2017 ] 46. [ Repealed by Act 34 of 2017 ] 47. [ Repealed by Act 34 of 2017 ] 48. [ Repealed by Act 34 of 2017 ] 49. [ Repealed by Act 34 of 2017 ] 50. [ Repealed by Act 34 of 2017 ] 51. [ Repealed by Act 34 of 2017 ] 52. [ Repealed by Act 34 of 2017 ] 53. [ Repealed by Act 34 of 2017 ] 54. [ Repealed by Act 34 of 2017 ]


document_id: jtca-1968
provision_ref: s55
chapter: PART 5 - LIABILITY OF CORPORATION AT JURONG PORT
section: 55
title: Interpretation of this Part
content:
55. In this Part, unless the context otherwise requires — “goods” includes animals, carcases, baggage and any other kind of movable property; “Jurong Port” means any place in the district of Jurong in Singapore which is owned by the Corporation and where facilities are provided by the Corporation for ships to load or unload; “owner” — ( a ) in relation to goods, includes any consignor, consignee, shipper or agent of the owner for the sale, custody, loading, handling, discharge or delivery of the goods; and ( b ) in relation to any vessel, includes any part-owner, charterer, operator, consignee or mortgagee in possession of the vessel, or any duly authorised agent of any such person; “transhipment goods” means goods landed from a vessel and placed in the custody of the Corporation for the purpose of shipment on another vessel on a through bill of lading dated at the port of loading of the goods and showing that the destination is via Singapore, with the ultimate port of destination marked on each package or unit containing the goods and declared on a transhipment manifest lodged with the Corporation prior to or at the time the goods are placed in its custody; “vessel” includes any ship or boat or air-cushioned vehicle or floating rig or platform used in any form of operations at sea or any other description of vessel.


document_id: jtca-1968
provision_ref: s56
chapter: PART 5 - LIABILITY OF CORPORATION AT JURONG PORT
section: 56
title: Application of this Part
content:
56. This Part applies only to the Jurong Port and to any place or premises controlled or used by the Corporation for the purpose of providing and maintaining adequate and efficient port services and facilities in the Jurong Port.


document_id: jtca-1968
provision_ref: s57
chapter: PART 5 - LIABILITY OF CORPORATION AT JURONG PORT
section: 57
title:
Loss or destruction of or damage to goods other than transhipment goods and goods accepted for storage

content:
57. Neither the Corporation nor any person acting for or on behalf of the Corporation shall be liable — ( a ) for any loss caused to any person by reason of misdelivery, short delivery or non-delivery of any goods deposited with or placed in the custody or control of the Corporation, other than transhipment goods and goods accepted for storage by the Corporation under section 63; or ( b ) for damage to or destruction of any goods that have been duly acknowledged by the Corporation to be in its custody in the sum of more than $2,000 per package or unit unless the nature and value of the goods contained therein have, prior to delivery to the Corporation, been declared in writing to the Corporation by the person delivering or causing the same to be delivered, and the Corporation shall not in any event be liable therefor where the value of those goods has been misstated.


document_id: jtca-1968
provision_ref: s58
chapter: PART 5 - LIABILITY OF CORPORATION AT JURONG PORT
section: 58
title: Liability for loss under contract
content:
58. —(1) Despite section 57, the Corporation must, on application made to it by the owner of any vessel, enter into a contract with the owner by which the Corporation accepts liability for any loss caused by reason of short delivery by the Corporation of any goods deposited with or placed in the custody or control of the Corporation or any failure by the Corporation to deliver or account for them. (2) For the purposes of this section, the Corporation may prescribe the terms and conditions of the contract and may, with the Minister’s approval, prescribe the rates to be levied. (3) The Corporation may refuse to enter into such contract unless the contract is in respect of all of the goods to be loaded into or discharged from a vessel, as the case may be.


document_id: jtca-1968
provision_ref: s59
chapter: PART 5 - LIABILITY OF CORPORATION AT JURONG PORT
section: 59
title: Loss or destruction of, or damage to, transhipment goods deposited with Corporation
content:
59. —(1) In respect of any transhipment goods delivered by any person to, or placed by any person in the custody of, the Corporation, the Corporation is, from the time of acknowledgment of the receipt of the goods and until delivery of the goods alongside the on‑carrying vessel for loading, liable, subject to section 60, for the loss or destruction of, or damage to, the goods. (2) The Corporation shall not be liable for any loss, destruction or damage in a sum of more than $2,000 per package or unit unless the nature and value of the goods contained therein have, prior to delivery to the Corporation, been declared in writing to the Corporation by the person delivering or causing them to be delivered, and the Corporation shall not in any event be liable therefor where the value of those goods has been misstated.


document_id: jtca-1968
provision_ref: s60
chapter: PART 5 - LIABILITY OF CORPORATION AT JURONG PORT
section: 60
title: Force majeure, etc.
content:
60. Sections 57 and 59 do not impose on the Corporation or any person duly authorised by it any liability for the loss or destruction of, or damage to, any goods arising from — ( a ) fire or flood, unless caused by the actual fault or privity of the Corporation; ( b ) an act of God; ( c ) act of war or of public enemies; ( d ) seizure under any legal process; ( e ) quarantine restrictions; ( f ) any act, omission or default of the owner or carrier of those goods; ( g ) strikes, lockouts or stoppages or restraints of labour from any cause, whether partial or general; ( h ) riots and civil commotions; ( i ) saving or attempting to save life or property; ( j ) insufficient or improper packing, defective or insufficient marks or leakage from defective drums, containers or packages; ( k ) any inherent liability to wastage in bulk or weight, latent or inherent defect or natural deterioration; ( l ) any deficiency in the contents of unbroken packages; or ( m ) the dangerous nature of those goods.


document_id: jtca-1968
provision_ref: s61
chapter: PART 5 - LIABILITY OF CORPORATION AT JURONG PORT
section: 61
title: Cargo subject to general or particular average
content:
61. —(1) The owner or master of any vessel discharging or intending to discharge any cargo which is the subject or likely to be the subject of a declaration of general or particular average into the premises of the Corporation must inform the Corporation of the existence or likelihood of the declaration and of the particulars of the cargo affected or likely to be affected by the declaration prior to the commencement of the discharge. (2) The Corporation is exempt from all liability in respect of the discharge, reception, storage or removal of any cargo mentioned in subsection (1).


document_id: jtca-1968
provision_ref: s62
chapter: PART 5 - LIABILITY OF CORPORATION AT JURONG PORT
section: 62
title: Corporation not responsible for acts of stevedore or workman
content:
62. Any stevedore or workman while engaged in performing work in or in respect of any vessel is deemed, even though the stevedore’s or workman’s wage or remuneration for performing the work is paid by the Corporation, to be the employee of the owner and master of the vessel and the Corporation is exempt from all liability for any loss or damage caused by any act, omission or default of the stevedore or workman.


document_id: jtca-1968
provision_ref: s63
chapter: PART 5 - LIABILITY OF CORPORATION AT JURONG PORT
section: 63
title: Saving
content:
63. —(1) Nothing in this Part precludes the Corporation from accepting goods for storage as well as liability for any loss, destruction or damage to the goods. (2) Nothing in this Part affects any liability that may be imposed on the Corporation by any written law relating to compensation to employees defined under the Work Injury Compensation Act 2019 or the Work Injury Compensation Act (Cap. 354, 2009 Revised Edition) repealed by that Act. [5/2008; 27/2019]


document_id: jtca-1968
provision_ref: s65
chapter: PART 6 - MISCELLANEOUS
section: 65
title: Conduct of prosecution
content:
65. Proceedings in respect of any offence under this Act or any rules or regulations made under this Act may, with the authorisation of the Public Prosecutor, be conducted by any officer of the Corporation or any other person authorised in writing in that behalf by the Chairperson. [15/2010]


document_id: jtca-1968
provision_ref: s66
chapter: PART 6 - MISCELLANEOUS
section: 66
title: Service of notices
content:
66. Unless otherwise expressly provided, every notice, order or document required or authorised by this Act or any rules or regulations made under this Act to be served on the owner of a flat, house or building sold under the provisions of this Act is deemed to be sufficiently served — ( a ) if the notice, order or document is delivered to the owner or is delivered at the flat, house or building to an adult member or servant of the owner’s family; ( b ) if it is sent to the owner by registered post at the owner’s flat, house or building (whether or not it has been received by the owner); or ( c ) if it is affixed to some conspicuous part of the owner’s flat, house or building.


document_id: jtca-1968
provision_ref: s67
chapter: PART 6 - MISCELLANEOUS
section: 67
title: Composition of offences
content:
67. —(1) The chief executive officer of the Corporation or any other officer of the Corporation who is authorised by the chief executive officer of the Corporation may compound any offence under this Act or any rules or regulations made under this Act that is prescribed as a compoundable offence by collecting from a person reasonably suspected of having committed the offence a sum not exceeding the lower of the following: ( a ) one half of the amount of the maximum fine that is prescribed for the offence; ( b ) $5,000. [20/2013] (2) On payment of the sum of money, no further proceedings are to be taken against that person in respect of the offence. [20/2013] (3) The Minister may make regulations to prescribe the offences which may be compounded. [20/2013] (4) All sums collected under this section must be paid into the Consolidated Fund. [20/2013]


document_id: ka-1961
provision_ref: s2
section: 2
title: Interpretation
content:
2. In this Act “abduction”, “wrongful restraint” and “wrongful confinement” shall have the meanings assigned to them in sections 362, 339 and 340, respectively of the Penal Code 1871.


document_id: ka-1961
provision_ref: s3
section: 3
title: Abduction, wrongful restraint or wrongful confinement for ransom
content:
3. Whoever, with intent to hold any person for ransom, abducts or wrongfully restrains or wrongfully confines that person shall be guilty of an offence and shall be punished on conviction with death or imprisonment for life and shall, if he is not sentenced to death, also be liable to caning.


document_id: ka-1961
provision_ref: s4
section: 4
title: Knowingly receiving ransom
content:
4. Whoever receives, has possession of or disposes of any money or property or any proceeds thereof, which has at any time been delivered as ransom in connection with any offence punishable under section 3, knowing that the money or other property has at any time been delivered as such ransom, shall be guilty of an offence and shall be punished on conviction with imprisonment for a term not exceeding 10 years and shall also be liable to caning.


document_id: ka-1961
provision_ref: s5
section: 5
title: Knowingly negotiating to obtain or for payment of ransom
content:
5. —(1) Whoever knowingly negotiates or assists in any negotiation to obtain any ransom for the release of any person who has been wrongfully restrained or wrongfully confined, shall be guilty of an offence and shall be punished on conviction with imprisonment for a term not exceeding 10 years and shall also be liable to caning. (2) Whoever knowingly negotiates or assists in any negotiation to pay or pays or provides funds for the payment of any ransom for the release of any person who has been wrongfully restrained or wrongfully confined shall be guilty of an offence and shall be punished on conviction with imprisonment for a term not exceeding 7 years and shall also be liable to a fine.


document_id: ka-1961
provision_ref: s6
section: 6
title: Power to freeze bank account
content:
6. —(1) The Public Prosecutor may, where he is satisfied that it is likely that the money for the payment of ransom for the release of any person may be paid out of any bank account, by order direct any bank in Singapore not to pay any money out of nor to pay cheques drawn on such bank account for a specified period not exceeding one month. (2) Any officer of a bank who complies with an order of the Public Prosecutor under subsection (1) shall be relieved of any liability to any other person in respect of the payment prohibited by that order. (3) The manager of any bank which fails to comply with an order of the Public Prosecutor under subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $3,000 or to imprisonment for a term not exceeding 3 years or to both.


document_id: ka-1961
provision_ref: s7
section: 7
title: Power to order inspection of books, accounts, receipts, vouchers or other documents
content:
7. —(1) Notwithstanding anything to the contrary in any other written law, the Public Prosecutor may, if he considers that any evidence of the commission of an offence under this Act or of a conspiracy to commit, or an attempt to commit, or an abetment of that offence by a person is likely to be found in any book, account, receipt, voucher or other document in respect of the payment of money or the delivery of property relating to that person, the spouse or child of that person or to a person reasonably believed by the Public Prosecutor to be a trustee or agent for that person or the spouse or child of that person, by order authorise any police officer of or above the rank of sergeant named in the order to inspect any such book, account, receipt, voucher or other document. (2) A police officer authorised under subsection (1), may, at all reasonable times, enter any premises specified in the order and inspect any such book, account, receipt, voucher or other document and may take copies thereof or of any relevant part thereof. (3) Any person who fails to produce any such book, account, receipt, voucher or other document which is in his possession or control, 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 12 months or to both. (4) For the purposes of this section — “bank” means any company carrying on the business of bankers in Singapore incorporated under any written law or licensed under the Banking Act 1970; “book” includes ledgers, day books, cash books, account books and all other books and documents used in the ordinary course of the business of a bank or other person or body of persons, whether corporate or unincorporate.


document_id: ka-1961
provision_ref: s8
section: 8
title: Power to obtain information
content:
8. —(1) In the course of any investigation or proceedings into or relating to an offence by any person under this Act or of a conspiracy to commit, or an attempt to commit, or an abetment of any such offence, the Public Prosecutor may by order — ( a ) require any such person to furnish a sworn statement in writing enumerating all movable or immovable property belonging to or possessed by that person and by the spouse and children of that person, and specifying the date on which each of the properties enumerated was acquired and whether it was acquired by way of purchase, gift, bequest, inheritance or otherwise; ( b ) require any such person to furnish a sworn statement in writing of any money or other property paid or disposed of by him during such period as may be specified in the order; ( c ) require any other person to furnish a sworn statement in writing enumerating all movable or immovable property belonging to or possessed by that person where the Public Prosecutor has reasonable grounds to believe that that information may be relevant to the investigation or proceedings; ( d ) require the Comptroller of Income Tax to furnish all information available to the Comptroller relating to the affairs of such person or of the spouse or child of such person and to produce or furnish any document or a certified copy of any document specified in the notice relating to that person or the spouse or child of that person which is in the possession or under the control of the Comptroller; ( e ) require the person in charge of any department, office or establishment of the Government, or the president, chairman, manager or chief executive officer of any public body, to produce or furnish, as specified in the notice, any document or a certified copy of any document which is in his possession or under his control; and ( f ) require the manager of any bank to give copies of the accounts of such person or of the spouse or child of such person at the bank. (2) Every person to whom an order is given by the Public Prosecutor under subsection (1) shall, notwithstanding the provisions of any written law or any oath of secrecy to the contrary, comply with the terms of the order within such time as may be specified therein. (3) Any person who wilfully neglects or fails to comply with subsection (2) 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 12 months or to both.


document_id: ka-1961
provision_ref: s9
section: 9
title: Duty to give information to police
content:
9. —(1) Notwithstanding the provisions of any written law, any person who is aware of the commission of or the intention of any other person to commit any offence under this Act shall, in the absence of reasonable excuse, the burden of proving which shall lie upon the person so aware, forthwith give information to a police officer of such commission or intention, as the case may be. (2) Any person bound to give any information under subsection (1) who fails to do so in accordance with that subsection 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 12 months or to both.


document_id: ka-1961
provision_ref: s10
section: 10
title: Power to intercept communication
content:
10. —(1) Notwithstanding the provisions of any other written law, the Public Prosecutor may, if he considers that it is likely to contain any information relating to the payment of ransom for the release of a person who has been wrongfully restrained or wrongfully confined, authorise any police officer — ( a ) to intercept, detain and open any postal article in course of transmission by post; ( b ) to intercept any message transmitted or received by telecommunications; or ( c ) to intercept or listen to any conversation by telephone. (2) For the purposes of this section, “postal article” and “telecommunications” shall have the meanings assigned to them in the Postal Services Act 1999 and the Telecommunications Act 1999, respectively. [42/99]


document_id: ka-1961
provision_ref: s11
section: 11
title: Offences to be arrestable
content:
11. All offences under this Act shall be deemed to be arrestable offences for the purposes of the Criminal Procedure Code 2010.


document_id: ka-1961
provision_ref: s12
section: 12
title: Evidence of accomplice
content:
12. Notwithstanding any rule of law or written law to the contrary, no witness shall in any trial of any offence under this Act be presumed to be unworthy of credit by reason only that he has paid or negotiated to pay any ransom or has provided funds for the payment of any ransom to procure the release of any person who has been wrongfully restrained or wrongfully confined.


document_id: ka-1961
provision_ref: s13
section: 13
title: Evidence of pecuniary resources or property
content:
13. —(1) In any trial or inquiry by a court into an offence under this Act or into a conspiracy to commit, or attempt to commit, or an abetment of any such offence the fact that an accused person is in possession, for which he cannot satisfactorily account, of pecuniary resources or property disproportionate to his known sources of income, or that he had, at or about the time of the alleged offence, obtained an accretion to his pecuniary resources or property for which he cannot satisfactorily account, may be proved and may be taken into consideration by the court as corroborating the testimony of any witness in the trial or inquiry that the accused person has received a ransom for the release of a person who has been wrongfully restrained or wrongfully confined. (2) An accused person shall, for the purpose of subsection (1), be deemed to be in possession of resources or property or to have obtained an accretion thereto where the resources or property are held or the accretion is obtained by any other person whom, having regard to his relationship to the accused person or to any other circumstances, there is reason to believe to be holding the resources or property or to have obtained the accretion in trust for or on behalf of the accused person or as a gift from the accused person.


document_id: ka-1961
provision_ref: s14
section: 14
title: Protection of informers
content:
14. —(1) Subject to this section, no complaint as to an offence under this Act shall be admitted in evidence in any civil or criminal proceeding whatsoever, and no witness shall be obliged or permitted to disclose the name or address of any informer, or state any matter which might lead to his discovery. (2) If any books, documents or papers which are in evidence or liable to inspection in any civil or criminal proceeding whatsoever contain any entry in which any informer is named or described or which might lead to his discovery, the court before which the proceeding is had shall cause all such passages to be concealed from view or to be obliterated so far as is necessary to protect the informer from discovery, but no further. (3) If on a trial for any offence under this Act the court, after full inquiry into the case, is of opinion that the informer wilfully made in his complaint a material statement which he knew or believed to be false or did not believe to be true, or if in any other proceeding the court is of opinion that justice cannot be fully done between the parties thereto without the discovery of the informer, the court may require the production of the original complaint, if in writing, and permit inquiry and require full disclosure concerning the informer.


document_id: la-1934
provision_ref: s2
section: 2
title: Interpretation
content:
2. In this Act, unless there is something repugnant in the subject or context — “court” means the General Division of the High Court or a Family Court; “date of legitimation” means the date of the marriage leading to the legitimation, or, where the marriage occurred before 18 May 1934, that day; “disposition” means an assurance of any interest in property by any instrument whether inter vivos or by will; “intestate” includes a person who leaves a will but dies intestate as to some beneficial interest in his estate; “legitimated person” means a person legitimated by this Act; “will” includes “codicil”. [27/2014; 40/2019]


document_id: la-1934
provision_ref: s3
section: 3
title: Legitimation by subsequent marriage of parents
content:
3. —(1) Subject to this section, where the parents of an illegitimate person marry or have married one another, whether before, on or after 18 May 1934 the marriage shall, if the father or mother of the illegitimate person was or is at the date of the marriage domiciled in Singapore, render that person, if living, legitimate from 18 May 1934 or from the date of the marriage, whichever last happens. [16/2013] (2) Nothing in this Act shall operate to legitimate a person unless the marriage leading to the legitimation was solemnised and registered in accordance with the provisions of the repealed Christian Marriage Ordinance (Cap. 37, 1955 Revised Edition) or of the Civil Marriage Ordinance (Cap. 38, 1955 Revised Edition) or unless that marriage was registered or deemed to be registered under the Women’s Charter 1961. (3) The legitimation of a person under this Act does not enable him or his spouse, children or remoter issue to take any interest in property save as hereinafter expressly provided in this Act. (4) [ Deleted by Act 17 of 2021 wef 29/05/2022 ]


document_id: la-1934
provision_ref: s4
section: 4
title: Declarations of legitimacy of legitimated persons
content:
4. —(1) A person claiming that he or his parent or any remoter ancestor became or has become a legitimated person may, whether domiciled in Singapore or elsewhere, and whether a citizen of Singapore or not, apply to the court by an originating application for a decree declaring that the applicant is the legitimate child of his parents, or that his parent or remoter ancestor was legitimate, and the court shall have jurisdiction to hear and determine that application and to make such decree declaratory of the legitimacy or illegitimacy of such person as to the court may seem just; and that decree shall be binding to all intents and purposes on the Government and on all persons whomsoever. [42/2005; 27/2014] [Act 19 of 2025 wef 05/12/2025] (2) Every application under this section shall be supported by an affidavit verifying the facts alleged in the same, and by such proof of the absence of fraud and collusion, as the court may by any general rule direct. [42/2005] (3) In all proceedings under this section the court shall have full power to award and enforce payment of costs to any person cited, whether that person does or does not oppose the declaration applied for, in case the court considers it reasonable that the costs should be paid. (4) A copy of every application under this section and of the affidavit in support thereof shall be served on the Attorney-General, who may apply to intervene in the application if he thinks necessary. [42/2005] (5) Where any application is made under this section to the court, the person or persons, if any, besides the Attorney-General as the court thinks fit shall, subject to the rules made under this section, be cited to the proceedings or otherwise summoned in such manner as the court directs, and may be permitted to become parties to the proceedings, and oppose the application. (6) The decree of the court shall not in any case prejudice any person — ( a ) if it is subsequently proved to have been obtained by fraud or collusion; or ( b ) unless that person has been cited or made a party to the proceedings or is the heir at law, next of kin, or other real or personal representative of, or derives title under or through, a person so cited or made a party. (7) No proceedings to be had under this section shall affect any final judgement or decree already pronounced or made by any court of competent jurisdiction. (8) The Family Justice Rules Committee constituted under section 46(1) of the Family Justice Act 2014 may make Family Justice Rules for carrying the provisions of this section into effect. [27/2014] (9) The Family Justice Rules may, instead of providing for any matter, refer to any provision made or to be made about that matter by practice directions issued for the time being by the registrar of the Family Justice Courts. [27/2014]


document_id: la-1934
provision_ref: s5
section: 5
title: Rights of legitimated persons to take interests in property
content:
5. —(1) Subject to the provisions of this Act a legitimated person and his spouse, children or remoter issue shall be entitled to take any interest — ( a ) in the estate of an intestate dying after the date of legitimation; ( b ) under any disposition coming into operation after the date of legitimation, in the like manner as if the legitimated person had been born legitimate. (2) Where the right to any property depends on the relative seniority of the children of any person, and those children include one or more legitimated persons, the legitimated person or persons shall rank as if he or they had been born on the day when he or they became legitimated by virtue of this Act, and if more than one such legitimated person became legitimated at the same time they shall rank as between themselves in order of seniority. (3) This section applies only if and so far as a contrary intention is not expressed in the disposition, and shall have effect subject to the terms of the disposition and to the provisions therein contained.


document_id: la-1934
provision_ref: s6
section: 6
title: Succession on intestacy of legitimated persons and their issue
content:
6. Where a legitimated person or a child or remoter issue of a legitimated person dies intestate in respect of any of his property, the same persons shall be entitled to take the same interests therein as they would have been entitled to take if the legitimated person had been legitimate.


document_id: la-1934
provision_ref: s7
section: 7
title: Application to illegitimate person dying before marriage of parents
content:
7. Where an illegitimate person dies on or after 18 May 1934 and before the marriage of his parents leaving any spouse, children or remoter issue living at the date of the marriage, then if that person would, if living at the time of the marriage of his parents, have become a legitimated person, the provisions of this Act with respect to the taking of interests in property by, or in succession to, the spouse, children and remoter issue of a legitimated person shall apply as if that person had been a legitimated person and the date of the marriage of his parents had been the date of legitimation.


document_id: la-1934
provision_ref: s8
section: 8
title: Personal rights and obligations of legitimated persons
content:
8. A legitimated person shall have the same rights and be under the same obligations in respect of the maintenance and support of himself or of any other person as if he had been born legitimate, and, subject to the provisions of this Act, the provisions of any Act relating to claims for damages, compensation, allowance, benefit, or otherwise by or in respect of a legitimate child shall apply in the like manner in the case of a legitimated person.


document_id: la-1934
provision_ref: s9
section: 9
title: Provisions as to legitimation by extraneous law
content:
9. —(1) Where the parents of an illegitimate person marry or have married one another, whether before, on or after 18 May 1934 and the father of the illegitimate person was or is, at the time of the marriage, domiciled in a country other than Singapore, by the law of which the illegitimate person became legitimated by virtue of the subsequent marriage, that person, if living, shall within Singapore be recognised as having been so legitimated from 17 May 1934 or from the date of the marriage, whichever last happens, notwithstanding that his father was not at the time of the birth of that person domiciled in a country in which legitimation by subsequent marriage was permitted by law. (2) All the provisions of this Act relating to legitimated persons and to the taking of interests in property by or in succession to a legitimated person and the spouse, children and remoter issue of a legitimated person shall apply in the case of a person recognised as having been legitimated under this section, or who would, had he survived the marriage of his parents, have been so recognised; and accordingly this Act shall have effect as if references therein to a legitimated person included a person so recognised as having been legitimated. (3) For the purposes of this section, “country” includes any part of the Commonwealth, as well as a foreign country.


document_id: la-1934
provision_ref: s10
section: 10
title: Right of illegitimate child and mother of illegitimate child to succeed on intestacy of the other
content:
10. —(1) Where, on or after 18 May 1934, the mother of an illegitimate child, the child not being a legitimated person, dies intestate as respects all or any of her property, and does not leave any legitimate issue her surviving, the illegitimate child, or if he is dead his issue, shall be entitled to take any interest therein to which he or his issue would have been entitled if he had been born legitimate. (2) Where, on or after 18 May 1934, an illegitimate child, not being a legitimated person, dies intestate as respects all or any of his property, his mother, if surviving, shall be entitled to take any interest therein to which she would have been entitled if the child had been born legitimate and she had been the only surviving parent.


document_id: la-1934
provision_ref: s11
section: 11
title: Saving
content:
11. Nothing in this Act shall affect the operation or construction of any disposition coming into operation before 18 May 1934 or affect any rights under the intestacy of a person dying before that date.


document_id: la-1959
provision_ref: s2
section: 2
title: Interpretation
content:
2. —(1) In this Act, unless the context otherwise requires — “action” includes a suit or any other proceedings in a court; “land” includes things attached to the earth or permanently fastened to anything attached to the earth, rentcharges and any legal or equitable estate or interest in land (including an interest in the proceeds of the sale of land held upon trust for sale) but does not include any right of way, easement, servitude, profit over or in respect of land, or right in the nature of an easement, servitude or profit over or in respect of land, or any other incorporeal hereditament; “personal estate” and “personal property” do not include land or chattels real; “personal injuries” includes any disease and any impairment of a person’s physical or mental condition; “rent” includes a rentcharge and a rent service; “rentcharge” means any annuity or periodical sum of money charged upon or payable out of land except a rent service or interest on a mortgage or charge on land or a rent payable in respect of a grant or lease of State land; “trust” and “trustee” have the same meanings as in the Trustees Act 1967. (2) Subject to section 36(1)( b ) of the Civil Law Act 1909, for the purposes of this Act, a person shall be deemed to be under a disability while he is a minor or lacks capacity (within the meaning of the Mental Capacity Act 2008) to conduct legal proceedings. [21/2008; 7/2009] (3) A person shall be deemed to claim through another person, if he became entitled by, through, under, or by the act of that other person to the right claimed, except that a person becoming entitled to any estate or interest by virtue of a special power of appointment shall not be deemed to claim through the appointor. (4) References in this Act to a right of action to recover land shall include references to a right to enter into possession of the land or in the case of rentcharges any right to distrain for arrears of rent and references to the bringing of such an action shall include references to the making of such an entry or distraint. (5) References in this Act to the possession of land shall, in the case of rentcharges, be construed as references to the receipt of the rent, and references to the date of dispossession or discontinuance of possession of land shall, in the case of rentcharges, be construed as references to the date of the last receipt of rent. (6) In Part 3 references to a right of action shall include references to a cause of action and to a right to receive money secured by a mortgage or charge on any property or to recover proceeds of the sale of land, and to a right to receive a share or interest in the personal estate of a deceased person; and references to the date of the accrual of a right of action shall — ( a ) in the case of an action for an account, be construed as references to the date on which the matter arose in respect of which an account is claimed; ( b ) in the case of an action upon a judgment, be construed as references to the date on which the judgment became enforceable; ( c ) in the case of an action to recover arrears of rent or interest, or damages in respect thereof, be construed as references to the date on which the rent or interest became due.


document_id: la-1959
provision_ref: s3
section: 3
title: Saving for other limitation laws
content:
3. This Act shall not apply to any action or arbitration for which a period of limitation is prescribed by any other written law or to any action or arbitration to which the Government is a party and for which if it were between private persons a period of limitation would have been prescribed by any other written law.


document_id: la-1959
provision_ref: s4
section: 4
title: Limitation not to operate as a bar unless specially pleaded
content:
4. Nothing in this Act shall operate as a bar to an action unless this Act has been expressly pleaded as a defence thereto in any case where under any written law relating to civil procedure for the time being in force such a defence is required to be so pleaded.


document_id: la-1959
provision_ref: s5
section: 5
title: Part 2 to be subject to Part 3
content:
5. The provisions of this Part shall have effect subject to the provisions of Part 3. Action of contract and tort and certain other actions


document_id: la-1959
provision_ref: s6
section: 6
title: Limitation of actions of contract and tort and certain other actions
content:
6. —(1) Subject to this Act, the following actions shall not be brought after the expiration of 6 years from the date on which the cause of action accrued: ( a ) actions founded on a contract or on tort; ( b ) actions to enforce a recognizance; ( c ) actions to enforce an award; ( d ) actions to recover any sum recoverable by virtue of any written law other than a penalty or forfeiture or sum by way of penalty or forfeiture. (2) An action for an account shall not be brought in respect of any matter which arose more than 6 years before the commencement of the action. (3) An action upon any judgment shall not be brought after the expiration of 12 years from the date on which the judgment became enforceable and no arrears of interest in respect of any judgment debt shall be recovered after the expiration of 6 years from the date on which the interest became due. (4) An action to recover any penalty or forfeiture or sum by way of penalty or forfeiture recoverable by virtue of any Act or other written law shall not be brought after the expiration of one year from the date on which the cause of action accrued. (5) For the purposes of subsection (4), “penalty” shall not include a fine to which a person is liable on conviction for a criminal offence. (6) Nothing in this section shall apply to — ( a ) any cause of action within the admiralty jurisdiction of the General Division of the High Court which is enforceable in rem other than an action to recover the wages of seamen; or ( b ) any action to recover money secured by any mortgage of or charge on land or personal property. [40/2019] (7) Subject to sections 22 and 32, this section shall apply to all claims for specific performance of a contract or for an injunction or for other equitable relief whether the same be founded upon any contract or tort or upon any trust or other ground in equity.


document_id: la-1959
provision_ref: s6A
section: 6A
title: Special time limit for claiming contribution
content:
6A. —(1) Where under section 15 of the Civil Law Act 1909 any person becomes entitled to a right to recover contribution in respect of any damage from any other person, no action to recover contribution by virtue of that right shall, subject to subsection (3), be brought after the end of the period of 2 years from the date on which that right accrued. [45/98; 2/2012] (2) For the purposes of this section, the date on which a right to recover contribution in respect of any damage accrues to any person (referred to in this section as the relevant date) shall be ascertained as provided in subsections (3) and (5). [45/98] (3) If the person in question is held liable in respect of that damage — ( a ) by a judgment given in any civil proceedings; or ( b ) by an award made on any arbitration, the relevant date shall be the date on which the judgment is given or the date of the award, as the case may be. [45/98] (4) For the purposes of subsection (3), no account shall be taken of any judgment or award given or made on appeal insofar as it varies the amount of damages awarded against the person in question. [45/98] (5) If, in any case not within subsection (3), the person in question makes or agrees to make any payment to one or more persons in compensation for that damage (whether he admits any liability in respect of the damage or not), the relevant date shall be the earliest date on which the amount to be paid by him is agreed between him (or his representative) and the person (or each of the persons, as the case may be) to whom the payment is to be made. [45/98] (6) An action to recover contribution shall be one to which sections 24 and 29 apply, but otherwise Parts 3 and 4 (except section 33) shall not apply for the purposes of this section. [45/98]


document_id: la-1959
provision_ref: s7
section: 7
title: Limitation in case of successive conversions and extinction of title of owner of converted goods
content:
7. —(1) Where any cause of action in respect of the conversion or wrongful detention of a chattel has accrued to any person and before he recovers possession of the chattel, a further conversion or wrongful detention takes place, no action shall be brought in respect of the further conversion or detention after the expiration of 6 years from the accrual of the cause of action in respect of the original conversion or detention. (2) Where any such cause of action has accrued to any person and the period prescribed for bringing that action and for bringing any action in respect of such a further conversion or wrongful detention under subsection (1) has expired and he has not during that period recovered possession of the chattel, the title of that person to the chattel shall be extinguished.


document_id: la-1959
provision_ref: s8
section: 8
title: Limitation of certain actions in respect of revenue matters
content:
8. An action — ( a ) to set aside a sale in pursuance of the order of a collector or other officer of revenue; ( b ) to set aside a sale for arrears of Government revenue or for any demand recoverable as such arrears; ( c ) to set aside any attachment, lease or transfer of immovable property by the revenue authorities for arrears of Government revenue; ( d ) against the Government to recover money paid under protest in satisfaction of a claim made by the revenue authorities on account of arrears of revenue or on account of demands recoverable as such arrears, shall not be brought after the expiration of one year from the date on which the sale was confirmed or would otherwise have become final or conclusive had no such action been brought or when the attachment ceased or when the lease, transfer or payment was made, as the case may be. Actions to recover land and rent


document_id: la-1959
provision_ref: s9
section: 9
title: Limitation of actions to recover land
content:
9. —(1) No action shall be brought by any person to recover any land after the expiration of 12 years from the date on which the right of action accrued to him, or, if it first accrued to some person through whom he claims, to that person. (2) Nothing in this section or in section 11(2) shall be deemed to affect the provisions of the Government Proceedings Act 1956, or to apply to any person registered under or by virtue of the provisions of the Land Titles Act 1993 as the proprietor of the land sought to be recovered, or to any person claiming through a person so registered, except to the extent that such Act so provides or permits. (3) This section shall not apply to an action to recover land from a person by reason only of his unauthorised occupation of the land.


document_id: la-1959
provision_ref: s10
section: 10
title: Accrual of right of action in case of present interests in land
content:
10. —(1) Where the person bringing an action to recover land or some person through whom he claims has been in possession thereof and has, whilst entitled thereto, been dispossessed or discontinued his possession, the right of action shall be deemed to have accrued on the date of the dispossession or discontinuance. (2) Where any person brings an action to recover any land of a deceased person whether under a will or intestacy and the deceased person was on the date of his death in possession of the land and was the last person entitled to the land to be in possession thereof, the cause of action shall be deemed to have accrued on the date of his death. (3) Where any person brings an action to recover land, being an estate or interest in possession assured otherwise than by will to him, or to some person through whom he claims, by a person who, at the date when the assurance took effect, was in possession of the land, or in the case of a rentcharge created by the assurance, in possession of the land charged, and no person has been in possession of the land by virtue of the assurance, the right of action shall be deemed to have accrued on the date when the assurance took effect.


document_id: la-1959
provision_ref: s11
section: 11
title: Accrual of right of action in case of future interests in land
content:
11. —(1) Subject to this section, the right of action to recover any land shall, in a case where the estate or interest claimed was an estate or interest in reversion or remainder or any other future estate or interest and no person has taken possession of the land by virtue of the estate or interest claimed, be deemed to have accrued on the date on which the estate or interest fell into possession by the determination of the preceding estate or interest. (2) If the person entitled to the preceding estate or interest, not being a term of years absolute, was not in possession of the land on the date of the determination thereof, no action shall be brought by the person entitled to the succeeding estate or interest after the expiration of 12 years from the date on which the right of action accrued to the person entitled to the preceding estate or interest, or 6 years from the date on which the right of action accrued to the person entitled to the succeeding estate or interest, whichever period last expires. (3) No person shall bring an action to recover any estate or interest in land under an assurance taking effect after the right of action to recover the land had accrued to the person by whom the assurance was made or some person through whom he claimed or some person entitled to a preceding estate or interest, unless the action is brought within the period during which the person by whom the assurance was made could have brought such an action. (4) Where any person is entitled to any estate or interest in land in possession and, while so entitled, is also entitled to any future estate or interest in that land, and his right to recover the estate or interest in possession is barred under this Act, no action shall be brought by that person, or by any person claiming through him, in respect of the future estate or interest, unless in the meantime possession of the land has been recovered by a person entitled to an intermediate estate or interest.


document_id: la-1959
provision_ref: s12
section: 12
title: Provisions in case of land held on trust
content:
12. —(1) Subject to section 22(1), this Act shall apply to equitable interests in land, including interests in the proceeds of the sale of land held upon trust for sale, in like manner as it applies to legal estates, and accordingly a right of action to recover the land shall, for the purposes of this Act but not otherwise, be deemed to accrue to a person entitled in possession to such an equitable interest in like manner and circumstances and on the same date as it would accrue if his interest were a legal estate in the land. (2) Where any land is held upon trust, including a trust for sale, and the period prescribed by this Act (if any) has expired for the bringing of an action to recover the land by the trustees, the estate of the trustees shall not be extinguished if and so long as the right of action to recover the land of any person entitled to a beneficial interest in the land or in the proceeds of sale either has not accrued or has not been barred by this Act, but if and when every such right of action has been so barred, the estate of the trustees shall be extinguished. (3) Where any land is held upon trust, including a trust for sale, an action to recover the land may be brought by the trustees on behalf of any person entitled to a beneficial interest in possession in the land or in the proceeds of sale whose right of action has not been barred by this Act notwithstanding that the right of action of the trustees would apart from this provision have been barred by this Act. (4) Where any land held on trust for sale is in the possession of a person entitled to a beneficial interest in the land or in the proceeds of sale, not being a person solely and absolutely entitled thereto, no right of action to recover the land shall be deemed for the purposes of this Act to accrue during such possession to any person in whom the land is vested as trustee, or to any other person entitled to a beneficial interest in the land or the proceeds of sale.


document_id: la-1959
provision_ref: s13
section: 13
title: Accrual of right of action in case of certain tenancies
content:
13. —(1) For the purposes of this Act, a tenancy at will shall be deemed to be determined at the expiration of a period of one year from the commencement thereof, unless it has previously been determined, and accordingly the right of action of the person entitled to the land subject to the tenancy shall be deemed to have accrued on the date of such determination. (2) For the purposes of this Act, a tenancy from year to year or other period, without a lease in writing, shall be deemed to be determined at the expiration of the first year or other period, and accordingly the right of action of the person entitled to the land subject to the tenancy shall be deemed to have accrued at the date of such determination. (3) Where any rent has subsequently to the determination of any tenancy been received in respect of the tenancy, the right of action shall be deemed to have accrued on the date of the last receipt of rent. (4) Where any person is in possession of land by virtue of a lease in writing by which a rent of not less than $10 is reserved, and the rent is received by some person wrongfully claiming to be entitled to the land in reversion immediately expectant on the determination of the lease, and no rent is subsequently received by the person rightfully so entitled, the right of action of the last-named person to recover the land shall be deemed to have accrued at the date when the rent was first received by the person wrongfully claiming as aforesaid and not at the date of the determination of the lease. (5) This section shall not apply to any tenancy at will or lease granted by the Government.


document_id: la-1959
provision_ref: s14
section: 14
title: Accrual of right of action in case of forfeiture or breach of condition
content:
14. —(1) A right of action to recover land by virtue of a forfeiture or breach of condition shall be deemed to have accrued on the date on which the forfeiture was incurred or the condition broken. (2) If a right referred to in subsection (1) has accrued to a person entitled to an estate or interest in reversion or remainder and the land was not recovered by virtue thereof, the right of action to recover the land shall not be deemed to have accrued to that person until his estate or interest fell into possession, as if no such forfeiture or breach of condition had occurred.


document_id: la-1959
provision_ref: s15
section: 15
title: Right of action not to accrue or continue unless there is adverse possession
content:
15. —(1) No right of action to recover land shall be deemed to accrue unless the land is in the possession of some person in whose favour the period of limitation can run (referred to in this section as adverse possession). (2) Where under this Act any such right of action is deemed to accrue on a certain date and no person is in adverse possession on that date, the right of action shall not be deemed to accrue unless adverse possession is taken of the land. (3) Where a right of action to recover land has accrued and thereafter, before the right is barred, the land ceases to be in adverse possession, the right of action shall no longer be deemed to have accrued and no fresh right of action shall be deemed to accrue unless the land is again taken into adverse possession. (4) For the purposes of this section — ( a ) possession of any land subject to a rentcharge by a person (other than the person entitled to the rentcharge) who does not pay the rent shall be deemed to be adverse possession of the rentcharge; and ( b ) receipt of rent under a lease by a person wrongfully claiming, in accordance with section 13(4), the land in reversion shall be deemed to be adverse possession of the land. 16. [ Repealed by Act 27 of 1993 ]


document_id: la-1959
provision_ref: s17
section: 17
title: No right of action to be preserved by formal entry or continual claim
content:
17. For the purposes of this Act, no person shall be deemed to have been in possession of any land by reason only of having made a formal entry thereon, and no continual or other claim upon or near any land shall preserve any right of action to recover the land.


document_id: la-1959
provision_ref: s18
section: 18
title: Right of person out of possession extinguished
content:
18. Subject to section 12, at the determination of the period limited by this Act to any person for bringing an action to recover land, the right and title of the person to the land for the recovery of which the action might have been brought within that period shall be extinguished.


document_id: la-1959
provision_ref: s19
section: 19
title: Administrator’s claim to date back to death
content:
19. For the purposes of this Act relating to actions for the recovery of land, an administrator of the estate of a deceased person shall be deemed to claim as if there had been no interval of time between the death of the deceased person and the grant of the letters of administration.


document_id: la-1959
provision_ref: s20
section: 20
title: Limitation of actions to recover rent
content:
20. No action shall be brought, or distress made, to recover arrears of rent, or damages in respect thereof, after the expiration of 6 years from the date on which the arrears became due. Actions to recover money secured by mortgage or charge or to recover proceeds of sale of land


document_id: la-1959
provision_ref: s21
section: 21
title:
Limitation of actions to recover money secured by mortgage or charge or to recover proceeds of sale of land

content:
21. —(1) No action shall be brought to recover any principal sum of money secured by a mortgage or other charge on land or personal property or to enforce such mortgage or charge, or to recover proceeds of the sale of land or personal property after the expiration of 12 years from the date when the right to receive the money accrued. (2) No foreclosure action in respect of mortgaged personal property shall be brought after the expiration of 12 years from the date on which the right to foreclose accrued. (3) If, after the date referred to in subsection (1), the mortgagee was in possession of the mortgaged property, the right to foreclose on the property which was in his possession shall not, for the purposes of that subsection, be deemed to have accrued until the date on which his possession discontinued. (4) The right to receive any principal sum of money secured by a mortgage or other charge and the right to foreclose on the property subject to the mortgage or charge shall not be deemed to accrue so long as that property comprises any future interests or any life insurance policy which has not matured or been determined. (5) Nothing in subsections (1) to (4) shall apply to a foreclosure action in respect of mortgaged land but the provisions of this Act relating to actions to recover land shall apply to such an action. (6) No action to recover arrears of interest payable in respect of any sum of money secured by a mortgage or other charge or payable in respect of proceeds of the sale of land or to recover damages in respect of such arrears shall be brought after the expiration of 6 years from the date on which the interest became due. (7) Notwithstanding subsection (6) — ( a ) where a prior mortgagee or other incumbrancer has been in possession of the property mortgaged or charged, and an action is brought within one year of the discontinuance of such possession by the subsequent incumbrancer, he may recover by that action all the arrears of interest which fell due during the period of possession by the prior incumbrancer or damages in respect thereof, notwithstanding that the period exceeded 6 years; ( b ) where the property subject to the mortgage or charge comprises any future interest or life insurance policy and it is a term of the mortgage or charge that arrears of interest shall be treated as part of the principal sum of money secured by the mortgage or charge, interest shall not be deemed to become due before the right to receive the principal sum of money has accrued or is deemed to have accrued. (8) This section shall not apply to any mortgage or charge on a ship. Actions in respect of trust property or personal estate of deceased persons


document_id: la-1959
provision_ref: s22
section: 22
title: Limitation of actions in respect of trust property
content:
22. —(1) No period of limitation prescribed by this Act shall apply to an action by a beneficiary under a trust, being an action — ( a ) in respect of any fraud or fraudulent breach of trust to which the trustee was a party or privy; or ( b ) to recover from the trustee trust property or the proceeds thereof in the possession of the trustee, or previously received by the trustee and converted to his use. (2) Subject to subsection (1), an action by a beneficiary to recover trust property or in respect of any breach of trust, not being an action for which a period of limitation is prescribed by any other provision of this Act, shall not be brought after the expiration of 6 years from the date on which the right of action accrued. (3) The right of action referred to in subsection (2) shall not be deemed to have accrued to any beneficiary entitled to a future interest in the trust property until the interest fell into possession. (4) No beneficiary as against whom there would be a good defence under this Act shall derive any greater or other benefit from a judgment or order obtained by any other beneficiary than he could have obtained if he had brought the action and this Act had been pleaded in defence.


document_id: la-1959
provision_ref: s23
section: 23
title: Limitation of actions claiming personal estate of deceased person
content:
23. Subject to section 22(1), no action — ( a ) in respect of any claim to the personal estate of a deceased person or to any share or interest in the estate, whether under a will or on intestacy, shall be brought after the expiration of 12 years from the date when the right to receive the share or interest accrued; and ( b ) to recover arrears of interest in respect of any legacy, or damages in respect of such arrears, shall be brought after the expiration of 6 years from the date on which the interest became due.


document_id: la-1959
provision_ref: s24
section: 24
title: Extension of limitation period in case of disability
content:
24. —(1) If, on the date when any right of action accrued for which a period of limitation is prescribed by this Act, the person to whom it accrued was under a disability, the action may be brought at any time before the expiration of — ( a ) 6 years; ( b ) in the case of actions to which section 24A(2) applies, 3 years; or ( c ) in the case of actions to which section 6(4) or section 8 applies, one year, from the date when the person ceased to be under a disability or died, whichever event first occurred, notwithstanding that the period of limitation has expired. (2) In any case to which section 29 applies, subsection (1) shall apply as if the date from which the period of limitation begins to run were substituted for the date when the right of action accrued. (3) Where any such person as is referred to in subsection (1) was on such date under 2 disabilities or where before the disability which he was under on such date had ceased he was affected by another disability, he shall be deemed for the purposes of this section to have continued under a disability until both the disabilities have ceased. (4) When one of several joint creditors or claimants is under any such disability, and when a discharge can be given without the concurrence of that person, time will run against them all. (5) Where no discharge under subsection (4) can be given, time will not run as against any of them until all those persons cease to be under a disability or until one of them becomes capable of giving a discharge without the concurrence of the others whichever shall first occur. (6) This section shall take effect subject to the following provisions: ( a ) nothing in this section shall affect any case where the right of action first accrued to some person not under a disability through whom the person under a disability claims; ( b ) when a right of action which has accrued to a person under a disability accrues, on the death of that person while still under a disability, to another person under a disability no further extension of time shall be allowed by reason of the disability of the second person; ( c ) no action to recover land or money charged on land for which a period of limitation is prescribed under this Act shall be brought by virtue of this section by any person after the expiration of 30 years from the date on which the right of action accrued to that person or some person through whom he claims; ( d ) nothing in this section shall apply to any action to recover a penalty or forfeiture, or sum by way thereof, by virtue of any written law, except where the action is brought by an aggrieved party.


document_id: la-1959
provision_ref: s24A
section: 24A
title:
Time limits for negligence, nuisance and breach of duty actions in respect of latent injuries and damage

content:
24A. —(1) This section shall apply to any action for damages for negligence, nuisance or breach of duty (whether the duty exists by virtue of a contract or of a provision made by or under any written law or independently of any contract or any such provision). (2) An action to which this section applies, where the damages claimed consist of or include damages in respect of personal injuries to the claimant or any other person, shall not be brought after the expiration of — ( a ) 3 years from the date on which the cause of action accrued; or ( b ) 3 years from the earliest date on which the claimant has the knowledge required for bringing an action for damages in respect of the relevant injury, if that period expires later than the period mentioned in paragraph ( a ). [Act 25 of 2021 wef 01/04/2022] (3) An action to which this section applies, other than one referred to in subsection (2), shall not be brought after the expiration of the period of — ( a ) 6 years from the date on which the cause of action accrued; or ( b ) 3 years from the earliest date on which the claimant or any person in whom the cause of action was vested before him first had both the knowledge required for bringing an action for damages in respect of the relevant damage and a right to bring such an action, if that period expires later than the period mentioned in paragraph ( a ). [Act 25 of 2021 wef 01/04/2022] (4) In subsections (2) and (3), the knowledge required for bringing an action for damages in respect of the relevant injury or damage (as the case may be) means knowledge — ( a ) that the injury or damage was attributable in whole or in part to the act or omission which is alleged to constitute negligence, nuisance or breach of duty; ( b ) of the identity of the defendant; ( c ) if it is alleged that the act or omission was that of a person other than the defendant, of the identity of that person and the additional facts supporting the bringing of an action against the defendant; and ( d ) of material facts about the injury or damage which would lead a reasonable person who had suffered such injury or damage to consider it sufficiently serious to justify his instituting proceedings for damages against a defendant who did not dispute liability and was able to satisfy a judgment. (5) Knowledge that any act or omission did or did not, as a matter of law, involve negligence, nuisance or breach of duty is irrelevant for the purposes of subsections (2) and (3). (6) For the purposes of this section, a person’s knowledge includes knowledge which he might reasonably have been expected to acquire — ( a ) from facts observable or ascertainable by him; or ( b ) from facts ascertainable by him with the help of appropriate expert advice which it is reasonable for him to seek. (7) A person shall not be taken by virtue of subsection (6) to have knowledge of a fact ascertainable only with the help of expert advice so long as he has taken all reasonable steps to obtain (and, where appropriate, to act on) that advice.


document_id: la-1959
provision_ref: s24B
section: 24B
title:
Overriding time limit for negligence, nuisance and breach of duty actions involving latent injuries and damage

content:
24B. —(1) An action for damages for negligence, nuisance or breach of duty to which section 24A applies shall not be brought after the expiration of 15 years from the starting date. (2) For the purposes of subsection (1), “starting date” means the date (or, if more than one, from the last of the dates) on which there occurred any act or omission — ( a ) which is alleged to constitute negligence, nuisance or breach of duty; and ( b ) to which the injury or damage in respect of which damages are claimed is alleged to be attributable (in whole or in part). (3) This section bars the right of action in a case to which subsection (1) applies notwithstanding that the cause of action has not yet accrued before the end of the period of limitation prescribed by this section.


document_id: la-1959
provision_ref: s24C
section: 24C
title: Transitional provisions relating to section 24A
content:
24C. —(1) Nothing in section 24A shall — ( a ) enable any action to be brought which was barred by this Act immediately before 26 June 1992; or ( b ) affect any action commenced before 26 June 1992. (2) Subject to subsection (1), sections 24A and 24B shall have effect in relation to causes of action accruing before or after 26 June 1992.


document_id: la-1959
provision_ref: s25
section: 25
title: Extension of limitation period where debtor administers estate of his creditor
content:
25. Where letters of administration of the estate of a creditor have been granted to his debtor, the running of the time prescribed for an action to recover the debt shall be suspended while the administration continues.


document_id: la-1959
provision_ref: s26
section: 26
title: Fresh accrual of action on acknowledgment or part payment
content:
26. —(1) Where any right of action has accrued to recover land or to enforce a mortgage or charge in respect of land or personal property, and — ( a ) the person in possession of the land or personal property acknowledges the title of the person to whom the right of action has accrued; or ( b ) in the case of any such action by a mortgagee or chargee the person in possession as aforesaid or the person liable for the debt secured by the mortgage or charge makes any payment in respect thereof, whether of principal or interest, the right shall be deemed to have accrued on and not before the date of the acknowledgment or the last payment. (2) Where any right of action has accrued to recover any debt or other liquidated pecuniary claim, or any claim to the personal estate of a deceased person or to any share or interest therein, and the person liable or accountable therefor acknowledges the claim or makes any payment in respect thereof, the right shall be deemed to have accrued on and not before the date of the acknowledgment or the last payment. (3) A payment of a part of the rent or interest due at any time shall not extend the period for claiming the remainder of the rent or interest then due, but any payment of interest shall have effect, for the purposes of subsection (2) only, as if it were a payment in respect of the principal debt.


document_id: la-1959
provision_ref: s27
section: 27
title: Formal provisions as to acknowledgments and part payments
content:
27. —(1) Every such acknowledgment as is referred to in section 26 shall be in writing and signed by the person making the acknowledgment. (2) Any such acknowledgment or payment as is referred to in section 26 may be made by the agent of the person by whom it is required to be made under that section, and shall be made to the person, or to an agent of the person, whose title or claim is being acknowledged or, as the case may be, in respect of whose claim the payment is being made.


document_id: la-1959
provision_ref: s28
section: 28
title: Effect of acknowledgment or part payment on persons other than the maker or recipient
content:
28. —(1) For the purposes of this Act, an acknowledgment of the title to any land, or mortgaged or charged property by any person in possession thereof shall bind all other persons in possession during the ensuing period of limitation. (2) A payment in respect of a debt secured by a mortgage or charge by the mortgagor or any person in possession of the mortgaged or charged land or personal property shall, so far as any right of the mortgagee or chargee to foreclose or otherwise to recover the property is concerned, bind all other persons in possession of the mortgaged property during the ensuing period of limitation. (3) Where there are 2 or more mortgagors of land or personal property and the title or right to redemption of one of the mortgagors is acknowledged as aforesaid, the acknowledgment shall be deemed to have been made to all the mortgagors. (4) An acknowledgment of any debt or other liquidated pecuniary claim shall bind the acknowledgor and his successors but not any other person. (5) An acknowledgment made after the expiration of the period of limitation prescribed for the bringing of an action to recover the debt or other claim shall not bind any successor on whom the liability devolves on the determination of a preceding estate or interest in property under a settlement taking effect before the date of the acknowledgment. (6) A payment made in respect of any debt or other liquidated pecuniary claim shall bind all persons liable in respect thereof. (7) A payment made after the expiration of the period of limitation prescribed for the bringing of an action to recover the debt or other claim shall not bind any person other than the person making the payment and his successors and shall not bind any successor on whom the liability devolves on the determination of a preceding estate or interest in property under a settlement taking effect before the date of the payment. (8) An acknowledgment by one of several personal representatives of any claim to the personal estate of a deceased person, or to any share or interest therein, or a payment by one of several personal representatives in respect of any such claim shall bind the estate of the deceased person. (9) In this section, “successor”, in relation to any mortgagee or person liable in respect of any debt or claim, means his personal representatives and any other person on whom the rights under the mortgage or, as the case may be, the liability in respect of the debt or claim devolve, whether on death or bankruptcy or the disposition of property or the determination of a limited estate or interest in settled property or otherwise.


document_id: la-1959
provision_ref: s29
section: 29
title: Postponement of limitation period in case of fraud or mistake
content:
29. —(1) Where, in the case of any action for which a period of limitation is prescribed by this Act — ( a ) the action is based upon the fraud of the defendant or his agent or of any person through whom he claims or his agent; ( b ) the right of action is concealed by the fraud of any such person as aforesaid; or ( c ) the action is for relief from the consequences of a mistake, the period of limitation shall not begin to run until the claimant has discovered the fraud or the mistake, as the case may be, or could with reasonable diligence have discovered it. [Act 25 of 2021 wef 01/04/2022] (2) Nothing in this section shall enable any action to be brought to recover, or enforce any charge against, or set aside any transaction affecting, any property which — ( a ) in the case of fraud, has been purchased for valuable consideration by a person who was not a party to the fraud and did not at the time of the purchase know or have reason to believe that any fraud had been committed; or ( b ) in the case of mistake, has been purchased for valuable consideration, subsequently to the transaction in which the mistake was made, by a person who did not know or have reason to believe that the mistake had been made.


document_id: la-1959
provision_ref: s31
section: 31
title: Provisions as to set-off or counterclaim
content:
31. For the purposes of this Act, any claim by way of set-off or counterclaim shall be deemed to be a separate action and to have been commenced on the same date as the action in which the set‑off or counterclaim is pleaded.


document_id: la-1959
provision_ref: s32
section: 32
title: Acquiescence
content:
32. Nothing in this Act shall affect any equitable jurisdiction to refuse relief on the ground of acquiescence, laches or otherwise.


document_id: la-1959
provision_ref: s33
section: 33
title: Application to Government
content:
33. —(1) Subject to this Act and without prejudice to section 3, this Act shall apply to proceedings by or against the Government in like manner as it applies to proceedings between private persons. (2) This Act shall not apply to any proceedings by the Government for the recovery of any tax, duty or interest thereon or to any forfeiture proceedings under any written law in force in Singapore relating to customs duties or excise or to any proceedings in respect of the forfeiture of a ship. (3) For the purposes of this section, proceedings by or against any Government department or any officer of the Government as such or any person acting on behalf of the Government shall be deemed to be proceedings by or against the Government.


document_id: la-1959
provision_ref: s34
section: 34
title: Provisions as to actions already barred and pending actions
content:
34. Nothing in this Act shall — ( a ) enable any action to be brought which was barred before 11 September 1959 by the Limitation Ordinance (Cap. 7, 1955 Revised Edition), except insofar as the cause of action or right of action may be revived by an acknowledgment or part payment made in accordance with the provisions of this Act; or ( b ) affect any action or arbitration commenced before 11 September 1959 or the title to any property which is the subject of any such action or arbitration.


document_id: la-1959
provision_ref: s35
section: 35
title: Exclusion of occupation and moratorium periods
content:
35. In computing the period of limitation prescribed for any action, the period commencing on 15 February 1942 and ending on 30 September 1949 shall be excluded.


document_id: laa-1966
provision_ref: s2
chapter: PART 1 - PRELIMINARY
section: 2
title: Interpretation
content:
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 meaning given by the Land Revenue Collection Act 1940; “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; “common property” and “lot” have the respective meanings given by the Land Titles (Strata) Act 1967; “land” includes any airspace, subterranean space, foreshore, and benefits to arise out of land and things attached to the earth or permanently fastened to anything attached to the earth; “management corporation”, in relation to any land comprised in a strata title plan, means the management corporation constituted in respect of that strata title plan under the Land Titles (Strata) Act 1967; “non‑lot acquisition” means an acquisition under this Act of any common property (and no other land) comprised in a strata title plan; “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; “remaining surface land” means any land (and airspace) above which only the airspace, or any land (and subsoil) below which only the subterranean space, is or has been acquired under this Act; “severed land”, for an owner of land, means any land remaining after any other part of the owner’s land is severed because of an acquisition under this Act; “State title” means any grant, any grant in fee simple or estate in perpetuity, or any State lease (of whatever tenure) whenever issued or granted by or on behalf of the Crown, the State or the East India Company; “strata title plan” and “subsidiary proprietor” have the respective meanings given by the Land Titles (Strata) Act 1967; “subterranean space” means the subsoil below the surface of the earth; “temporarily occupied land” means any land temporary possession of which is or has been taken in accordance with a direction under section 42. [17/2001; 19/2007; 26/2014; 12/2015] (2) For the purposes of this Act, the following persons are deemed persons “entitled to act” as and to the extent provided: ( a ) trustees for other persons beneficially interested are 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; ( b ) the management corporation for a strata title plan is deemed the person entitled to act for, and the person authorised to receive service within Singapore on behalf of, every subsidiary proprietor of every lot comprised in the strata title plan with reference only to any non‑lot acquisition relating to that strata title plan; ( c ) the guardian of a minor is deemed the person entitled to act, to the same extent as the minor could have acted if free from disability; ( d ) where an individual lacks capacity within the meaning of the Mental Capacity Act 2008, each of the following persons is deemed a person entitled to act, to the same extent as that individual could have acted if free from disability: (A) a donee of a lasting power of attorney which is granted by that individual under the Mental Capacity Act 2008, and under which that individual confers on the donee authority to make decisions in relation to that individual for the purposes of this Act; (B) a deputy who is appointed or deemed to be appointed for that individual by the court under the Mental Capacity Act 2008, and who is conferred power to make decisions in relation to that individual for the purposes of this Act: Provided that — ( e ) no person is deemed “entitled to act” whose interest in the subject matter is shown to the satisfaction of the Collector, the Board, the Appellate Division of the High Court or the Court of Appeal to be adverse to the interest of the person interested for whom the firstmentioned person would otherwise be entitled to act; ( f ) in every such case the person interested may appear by a next friend, or, in default of his or her appearance by a next friend, the Collector, the Board, the Appellate Division of the High Court or the Court of Appeal (as the case may be) must appoint a guardian for the case to act on behalf of the person interested in the conduct thereof; ( g ) the provisions of the Rules of Court for the time being in force apply, with the necessary modifications, in the case of persons interested appearing before the Collector, the Board, the Appellate Division of the High Court or the Court of Appeal by a next friend, or by a guardian for the case, in proceedings under this Act; and ( h ) a person “entitled to act” is not competent to receive the compensation money payable to the person for whom the firstmentioned person is entitled to act, unless the firstmentioned person would have been competent to alienate the land and receive and give a good discharge for the purchase money on a voluntary sale. [19/2007; 21/2008; 26/2014; 16/2016; 40/2019] (3) Despite subsection (2)( h ) and sections 34 and 35 of the Building (Strata Management) Act 2004, a management corporation for a strata title plan is deemed for the purposes of this Act, competent to receive the compensation money payable under this Act for any non‑lot acquisition relating to that strata title plan. [Act 12 of 2020 wef 01/10/2025] [26/2014]


document_id: laa-1966
provision_ref: s3
chapter: PART 2 - ACQUISITION
section: 3
title: Power to enter and survey
content:
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 must be published in the Gazette and the Collector must 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. [19/2007] (2) A person must not 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 or her intention to do so. (3) A notification made under this section in respect of any land in any locality ceases to have effect on the expiration of 12 months from the date of its publication but nothing in this subsection is to 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.


document_id: laa-1966
provision_ref: s4
chapter: PART 2 - ACQUISITION
section: 4
title: Payment for damage
content:
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 must 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 must be determined by the Collector. [19/2007] (2) An appeal lies from the determination of the Collector under this section to the Minister whose decision is final. Declaration of intended acquisition


document_id: laa-1966
provision_ref: s5
chapter: PART 2 - ACQUISITION
section: 5
title: Notification that land is required for specific purposes
content:
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 in the Gazette , declare the land to be required for the purpose specified in the notification. (1A) Without prejudice to the generality of subsection (1), the President may under that subsection declare that only so much of airspace above the surface of any land, or only so much of subterranean space below the surface of any land, is needed for any purpose specified in that subsection, instead of the whole of the land. [12/2015] (2) A notification under subsection (1) must 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 is conclusive evidence that the land is needed for the purpose specified therein as provided in subsection (1).


document_id: laa-1966
provision_ref: s6
chapter: PART 2 - ACQUISITION
section: 6
title: Collector to proceed to acquire after notification
content:
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 must direct the Collector to take proceedings for the acquisition of the land.


document_id: laa-1966
provision_ref: s7
chapter: PART 2 - ACQUISITION
section: 7
title: Plan of land to be acquired
content:
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 must, 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. [19/2007] (2) Subsection (1) does not apply if the part of the land to be acquired has already been marked out under section 3. [19/2007]


document_id: laa-1966
provision_ref: s8
chapter: PART 2 - ACQUISITION
section: 8
title: Notice to persons interested
content:
8. —(1) The Collector must 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 the Collector. [2/2012] (2) The Collector must 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. [19/2007] (3) Every notice published under subsection (1) or served under subsection (2) — ( a ) must state the particulars of the land; and ( b ) must require all persons interested in the land — (i) to appear personally, or by the person entitled to act for the person interested or any other 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. [19/2007; 2/2012; 26/2014] (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 or her agent. (5) In a non-lot acquisition relating to a strata title plan, only the management corporation constituted for that strata title plan, and no other person, is entitled to make a claim for compensation pursuant to a notice published under subsection (1) or served under subsection (2) in relation to the non‑lot acquisition, and it is lawful for the Collector to reject any claim for compensation as a result of that non‑lot acquisition made by — ( a ) any subsidiary proprietor constituting the management corporation; or ( b ) any mortgagee, chargee or other person with an estate and interest in any lot comprised in the strata title plan. [26/2014]


document_id: laa-1966
provision_ref: s9
chapter: PART 2 - ACQUISITION
section: 9
title: Power to require statements as to names and interests
content:
9. —(1) The Collector may also require any such person to deliver to him or her within a time to be specified, being at least 15 days, a written statement 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, sublessee, 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 and, where any claim to compensation is made by a management corporation, the resolution required under section 85A(2) of the Building (Strata Management) Act 2004 to authorise the management corporation to make that claim and any special resolution mentioned in section 85A(4) of that Act. [Act 12 of 2020 wef 01/10/2025] [26/2014] (2) Every person required to make or deliver a statement under section 8 or this section is deemed to be legally bound to do so within the meaning of sections 175 and 176 of the Penal Code 1871. Inquiry into measurements, value and claims, and
award by Collector


document_id: laa-1966
provision_ref: s10
chapter: PART 2 - ACQUISITION
section: 10
title: Inquiry and award by Collector
content:
10. —(1) On the day so fixed, or on any other day to which the inquiry has been adjourned, the Collector must 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 must, as soon as possible after the conclusion of the inquiry, make an award under his or her hand of — ( a ) the area of the land; ( b ) the compensation which in his or her 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 or she has information, whether or not they have respectively appeared before him or her. [19/2007; 2/2012] (1A) Despite subsection (1)( c ), the compensation awarded for a non‑lot acquisition relating to any strata title plan under this Act must not be apportioned among the subsidiary proprietors constituting the management corporation for that strata title plan but must be awarded to the management corporation unless subsection (1B) applies. [26/2014] (1B) Where the subsidiary proprietors constituting the management corporation for a strata title plan so agree by a special resolution mentioned in section 85A(4) of the Building (Strata Management) Act 2004, the compensation awarded under subsection (1) for a non‑lot acquisition relating to that strata title plan must be apportioned — ( a ) among the persons who, on the date the Collector takes possession under section 16 of the land acquired, are subsidiary proprietors constituting the management corporation; and ( b ) in shares proportional to the share values of those persons’ respective lots. [Act 12 of 2020 wef 01/10/2025] [26/2014] (2) The Collector may at any time refer to the General Division of 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; or ( f ) the costs of any inquiry under this Act and the persons by whom the costs must be borne. [40/2019] (3) Without prejudice to the powers of the General Division of the High Court, the costs of any reference under subsection (2) must be borne by such persons as the General Division of the High Court may direct or, in the absence of any such direction, by the Collector. [40/2019] (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. (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 or her 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.


document_id: laa-1966
provision_ref: s11
chapter: PART 2 - ACQUISITION
section: 11
title: Award of Collector when to be final
content:
11. —(1) The Collector’s award must be filed in his or her office and, except as hereinafter provided, is 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 must serve a copy of his or her award on all persons interested provided that their addresses can be ascertained after reasonable inquiry when the award is made.


document_id: laa-1966
provision_ref: s12
chapter: PART 2 - ACQUISITION
section: 12
title: Effect of failure to comply with section 7
content:
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 ( 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 ). [2/2012]


document_id: laa-1966
provision_ref: s13
chapter: PART 2 - ACQUISITION
section: 13
title: Adjournment of inquiry
content:
13. The Collector may, for any cause he or she thinks fit, adjourn the inquiry to a day to be fixed by him or her.


document_id: laa-1966
provision_ref: s14
chapter: PART 2 - ACQUISITION
section: 14
title: Power to summon and enforce attendance of witnesses and production of documents
content:
14. —(1) For the purpose of inquiries under this Act, the Collector has 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. [26/2014] (2) The Collector has, in particular, power to compel the production of any resolution by the subsidiary proprietors constituting the management corporation for a strata title plan where that is relevant to the making of any award of compensation for the acquisition under this Act of any property comprised in the strata title plan. [26/2014]


document_id: laa-1966
provision_ref: s15
chapter: PART 2 - ACQUISITION
section: 15
title: Matters to be considered and matters to be disregarded
content:
15. In determining the amount of compensation, the Collector must take into consideration the matters mentioned in section 33 and must not take into consideration any of the matters mentioned in section 34. Taking possession


document_id: laa-1966
provision_ref: s16
chapter: PART 2 - ACQUISITION
section: 16
title: Power to take possession
content:
16. When a Collector has made an award under section 10, the Collector may take possession of the land by serving, in accordance with section 45, a copy of an appropriate notice of taking possession on every person interested in the land or any person known or believed to be entitled to act for a person so interested. [26/2014]


document_id: laa-1966
provision_ref: s17
chapter: PART 2 - ACQUISITION
section: 17
title: Power to take possession in cases of urgency
content:
17. —(1) In cases of urgency, whenever the Minister directs him or her 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). [2/2012] (2) The Minister may 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 that notification must be published not later than 7 days after the Collector has taken possession of the land.


document_id: laa-1966
provision_ref: s18
chapter: PART 2 - ACQUISITION
section: 18
title: Notice to Registrar of Deeds and the lodging of an instrument with Registrar of Titles
content:
18. Immediately on taking possession of any land under section 16 or 17, the Collector must — ( a ) in the case of land registered under the provisions of the Registration of Deeds Act 1988 — give notice to the Registrar of Deeds who has to 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 vests in the State free from encumbrances; or ( b ) in the case of land registered under the provisions of the Land Titles Act 1993 — lodge in accordance with section 143(2) of that Act, an instrument of acquisition with the Registrar of Titles who has to, 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 1993, and upon that endorsement being made, the land vests in the State free from encumbrances. [19/2007]


document_id: laa-1966
provision_ref: s19
chapter: PART 3 - REFERENCE TO AN APPEALS BOARD
section: 19
title: Appeals Boards
content:
19. —(1) For the purpose of hearing appeals in respect of any award made by the Collector under this Act, there are constituted one or more Appeals Boards consisting of a Commissioner of Appeals or a Deputy Commissioner of Appeals, either sitting alone or with 2 assessors in the manner provided by section 26. (2) The Commissioner and the Deputy Commissioner must be appointed by the President, and a person is not eligible to be appointed or to remain a Commissioner or Deputy Commissioner if the person — ( 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 ) has a mental disorder and is incapable of managing himself or herself or his or her affairs. [21/2008] (3) The Commissioner and the Deputy Commissioner hold office for a period of 2 years from the date of their appointments and are eligible for reappointment. (4) The Commissioner and the Deputy Commissioner are deemed to be public servants within the meaning of the Penal Code 1871, and enjoy the same judicial immunity as is enjoyed by a Supreme Court Judge. [40/2019] (5) The President may at any time revoke the appointments of the Commissioner and the Deputy Commissioner.


document_id: laa-1966
provision_ref: s20
chapter: PART 3 - REFERENCE TO AN APPEALS BOARD
section: 20
title: Salaries, fees and allowances to Commissioner and Deputy Commissioner
content:
20. The Commissioner and the Deputy Commissioner are to be paid such salaries, fees and allowances as the President may determine.


document_id: laa-1966
provision_ref: s21
chapter: PART 3 - REFERENCE TO AN APPEALS BOARD
section: 21
title: Registrar of Board
content:
21. The Minister may appoint a Registrar of the Board (called in this Part the Registrar) and such other officers and employees of the Board as may be necessary.


document_id: laa-1966
provision_ref: s22
chapter: PART 3 - REFERENCE TO AN APPEALS BOARD
section: 22
title: Power to make regulations
content:
22. —(1) The Minister may make regulations — ( a ) prescribing the manner in which appeals must be made to the Board; ( b ) prescribing the procedure to be adopted by the Board in hearing appeals and the records to be kept by the Board; ( c ) prescribing the places where and the times at which appeals are to be heard by the Board; ( d ) prescribing the fees to be paid in respect of any appeal under this Part; and ( e ) generally for the better carrying out of the provisions of this Part and in particular providing for matters stated or required by this Part. (2) All regulations made under this section must be published in the Gazette and must be presented to Parliament as soon as possible after publication.


document_id: laa-1966
provision_ref: s23
chapter: PART 3 - REFERENCE TO AN APPEALS BOARD
section: 23
title: Right of appeal
content:
23. —(1) Any person interested, who is aggrieved by an award made under section 10, may appeal to the Board by — ( a ) lodging with the Registrar, within 28 days after the date of the receipt of the award of the Collector, a written notice of appeal in duplicate; ( b ) depositing or authorising the Collector to deposit with the Accountant-General within 28 days after the date of the receipt of the award a sum equivalent to one-third the amount of the award or $5,000, whichever is the less, unless a written waiver from the Collector has been obtained; and ( c ) lodging with the Registrar, within 28 days after the date on which the grounds of award of the Collector have been served upon the appellant, a petition of appeal in duplicate containing a statement of the grounds of appeal. [9/2003; 19/2007; 26/2014] (1A) Despite anything in this section, in a non‑lot acquisition relating to a strata title plan, only the management corporation constituted for the strata title plan is entitled to lodge with the Registrar a notice of appeal or petition of appeal in accordance with subsection (1) in respect of that non‑lot acquisition, and there shall be no such appeal by — ( a ) any of the subsidiary proprietors constituting the management corporation for the strata title plan; and ( b ) any mortgagee, chargee or other person with an estate and interest in any lot comprised in the strata title plan. [26/2014] (2) On receipt of a notice of appeal, the Registrar must forthwith forward one copy thereof to the Collector. The Collector must thereupon lodge with the Registrar the Collector’s grounds of award and a copy of those grounds must be served by the Registrar upon the appellant by delivering or tendering the copy to the appellant or sending it to the appellant by registered post. (3) The Board may, in its discretion and on such terms as it may see fit, permit any person to proceed with an appeal even though the notice of appeal or petition of appeal was not lodged, or the deposit with the Accountant-General, if not waived by the Collector, was not made or authorised, within the time limited therefor by this section, if it is shown to the satisfaction of the Board that the person was prevented from lodging the notice or petition, or from making or authorising such deposit, in due time owing to absence from Singapore, sickness or other reasonable cause and that there has been no unreasonable delay on the part of that person. [19/2007] (4) Except with the consent of the Board and on such terms as the Board may determine, an appellant may not at the hearing of the appellant’s appeal rely on any grounds of appeal other than the grounds stated in the appellant’s petition of appeal.


document_id: laa-1966
provision_ref: s24
chapter: PART 3 - REFERENCE TO AN APPEALS BOARD
section: 24
title: Appeal deemed to be withdrawn
content:
24. An appeal is, subject to section 23(3), deemed to have been withdrawn if — ( a ) the deposit required under section 23(1)( b ) is not deposited or authorised to be deposited, within the time specified, with the Accountant-General; or ( b ) the petition of appeal is not lodged, by the person permitted by section 23 to do so, within the time prescribed by section 23(1)( c ). [26/2014]


document_id: laa-1966
provision_ref: s25
chapter: PART 3 - REFERENCE TO AN APPEALS BOARD
section: 25
title: Hearing and disposal of appeals
content:
25. —(1) On receipt of a petition of appeal, the Registrar must forthwith forward one copy thereof to the Collector and must, as soon as possible thereafter, fix a time and place for the hearing of the appeal and must give 14 days’ notice thereof both to the appellant and to the Collector. (2) The appellant and the Collector must attend, either in person or by an advocate and solicitor, at such times and places as may be fixed for the hearing of the appeal: Provided that if it is proved to the satisfaction of the Board that, owing to absence from Singapore, sickness or other reasonable cause, any person is prevented from so attending, the Board may postpone the hearing of the appeal for such reasonable time as it thinks necessary. (3) The onus of proving that the award is inadequate is on the appellant. (4) The Board has the following powers: ( a ) to summon to attend at the hearing of an appeal any person who it may consider is able to give evidence respecting the appeal, to examine that person as a witness either on oath or otherwise and to require that person to produce such books, papers or documents as the Board may think necessary for the purposes of the appeal; ( b ) to allow any person so attending any reasonable expenses necessarily incurred by him or her in so attending; such expenses to form part of the costs of the appeal and, pending and subject to any order by the Board as to such costs, to be paid by the appellant or the Collector, as the Board may direct; ( c ) all the powers of the General Division of the High Court with regard to the enforcement of attendance of witnesses, hearing evidence on oath and punishment for contempt; ( d ) to admit or reject any evidence adduced, whether oral or documentary and whether admissible or inadmissible under the provisions of any written law for the time being in force relating to the admissibility of evidence. [40/2019] (5) Every person examined as a witness by or before the Board, whether on oath or otherwise, is legally bound to state the truth and to produce such books, papers or documents as the Board may require.


document_id: laa-1966
provision_ref: s26
chapter: PART 3 - REFERENCE TO AN APPEALS BOARD
section: 26
title: Panel of assessors
content:
26. —(1) For the purpose of determining appeals in respect of any award made by the Collector under this Act, in any case where the appeal is against an award of — ( a ) $250,000 or more — the Board must consist of the Commissioner or the Deputy Commissioner sitting with 2 persons selected by the Commissioner or the Deputy Commissioner (as the case may be) from the panel appointed under subsection (2); or ( b ) less than $250,000 — the Board must consist of the Commissioner or the Deputy Commissioner sitting alone or, if he thinks fit, with 2 persons selected by the Commissioner or the Deputy Commissioner (as the case may be) from the panel appointed under subsection (2). (2) For the purpose of enabling the Board to be constituted under subsection (1), there must be a panel of assessors (called in this Act the panel), the members of which are appointed by the Minister. The panel consists of such number of persons as the Minister may think fit, and the name of every person appointed to the panel must be published in the Gazette . (3) A person is not eligible to be appointed or to remain a member of the panel if the person — ( a ) is an undischarged bankrupt; ( b ) has been sentenced to imprisonment for a term exceeding 6 months and has not received a free pardon; or ( c ) has a mental disorder and is incapable of managing himself or herself or his or her affairs. [21/2008] (4) A person appointed to the panel is, except where his or her appointment is revoked by the Minister under subsection (6), a member of the panel, unless he or she resigns during the period of the appointment, for a period of 2 years or for such shorter period as the Minister may in any case determine, but is eligible for reappointment. (5) Where a person ceases to be a member of the panel the Minister must, as soon as is reasonably practicable, take steps to fill the vacancy, but the existence of any vacancy in the panel does not invalidate the acts of the Board. (6) The Minister may at any time revoke the appointment of a member of the panel. (7) The members of the panel are to be paid such salaries, fees and allowances as the Minister may determine.


document_id: laa-1966
provision_ref: s27
chapter: PART 3 - REFERENCE TO AN APPEALS BOARD
section: 27
title: Decision of Board
content:
27. —(1) Where the Board is constituted otherwise than by the Commissioner alone, the Commissioner is not bound by the advice or opinion of the other members of the Board. (2) A decision of the Board must be signed by the Commissioner and must be delivered by the Commissioner or by the Registrar on the direction of the Commissioner. (3) The Board may, after hearing an appeal confirm, reduce, increase or annul the award or make such order thereon as to it may seem fit.


document_id: laa-1966
provision_ref: s28
chapter: PART 3 - REFERENCE TO AN APPEALS BOARD
section: 28
title: Member of panel and proceedings deemed to be public servant and judicial proceedings respectively
content:
28. —(1) Every member of the panel, when and so long as he or she is serving on the Board, is deemed to be a public servant within the meaning of the Penal Code 1871 and enjoys the same judicial immunity as is enjoyed by a Supreme Court Judge. [40/2019] (2) All proceedings in appeals to the Board under this Act are deemed to be judicial proceedings within the meaning of the Penal Code 1871.


document_id: laa-1966
provision_ref: s29
chapter: PART 3 - REFERENCE TO AN APPEALS BOARD
section: 29
title: Appeals to court
content:
29. —(1) Subject to this section, a decision of the Board is final. (2) In any case in which the award, as determined by the Board (excluding the amount of any costs awarded) exceeds $5,000, the appellant or the Collector may appeal to the Court of Appeal from the decision of the Board upon any question of law. (2A) Despite subsection (2), in a non‑lot acquisition relating to a strata title plan, only the management corporation constituted for the strata title plan is entitled to make an appeal to the Court of Appeal under subsection (2) in respect of that non‑lot acquisition, and there shall be no such appeal by — ( a ) any of the subsidiary proprietors constituting the management corporation for the strata title plan; and ( b ) any mortgagee, chargee or other person with an estate and interest in any lot comprised in the strata title plan. [26/2014] (3) The procedure governing such appeals to the Court of Appeal and costs relating to such appeals are the same as for appeals to the Court of Appeal from decisions of the General Division of the High Court. [40/2019] (4) The Court of Appeal is to hear and determine any such appeal and may confirm, reduce, increase or annul the award determined by the Board and make such further or other order on the appeal, whether as to costs or otherwise, as to the Court may seem fit. (5) There is no further right of appeal from decisions of the Court of Appeal under this section.


document_id: laa-1966
provision_ref: s30
chapter: PART 3 - REFERENCE TO AN APPEALS BOARD
section: 30
title: Case stated for Court of Appeal
content:
30. —(1) The Board may at any time and in regard to any appeal, with or without proceeding to the determination of the appeal, state a case on a question of law for the opinion of the Court of Appeal. (2) A stated case must — ( a ) set out — (i) the facts and any finding of fact by the Board; (ii) the decision (if any) of the Board; and (iii) the question for the opinion of the Court of Appeal; and ( b ) be signed by the Commissioner. (3) The Registrar must transmit the case, when it is set out and signed in accordance with subsection (2), to the Court of Appeal, and must forward a copy thereof to the appellant and to the Collector. (4) The Court of Appeal may cause a stated case to be sent back for amendment and thereupon the case must be amended accordingly. (5) In considering any stated case, the Court of Appeal is to afford opportunity for argument thereon to be put forward by or on behalf of the appellant and the Collector. (6) The Court of Appeal is to hear and determine any question of law arising on a stated case and may, in accordance with its decision thereon, confirm, reduce, increase or annul any award determined by the Board in the appeal, or may remit the case to the Board with the opinion of the Court of Appeal thereon. Where a case is so remitted by the Court of Appeal, the Board is bound by the opinion of the Court of Appeal and must give effect thereto by its decision in the appeal or (as the case may be) by revising any previous decision made by it in the appeal to the extent (if any) to which its previous decision does not accord with the opinion of the Court of Appeal.


document_id: laa-1966
provision_ref: s31
chapter: PART 3 - REFERENCE TO AN APPEALS BOARD
section: 31
title: Award to be final and conclusive
content:
31. Except as expressly provided in this Act, where — ( a ) no valid notice of appeal has been lodged within the time limited by this Act against an award; ( b ) an appeal has been deemed to have been withdrawn under section 24; or ( c ) an award has been determined on appeal, the award as made or agreed under this Act or determined on appeal (as the case may be) is final and conclusive for the purposes of this Act.


document_id: laa-1966
provision_ref: s32
chapter: PART 3 - REFERENCE TO AN APPEALS BOARD
section: 32
title: Costs of an appeal to Board
content:
32. —(1) Where the amount awarded by the Board does not exceed the sum awarded by the Collector, or where an appeal is withdrawn without any agreement being made by the parties thereto as to costs, the costs of an appeal to the Board in either case must be paid by the appellant. (2) Subject to subsections (3) and (4), where the amount awarded by the Board exceeds the sum awarded by the Collector, the costs must be paid by the Collector. (3) Where the Board is of the opinion that the claim of the appellant was so excessive or that the appellant was so negligent in putting the appellant’s case before the Collector that some deduction from the appellant’s costs should be made or that the appellant should pay part of the Collector’s costs, the Board may make such order as to costs, as it may think fit. (3A) In relation to any proceedings before it, the Board may order a vexatious third party — ( a ) to personally pay the whole or part of the costs of the proceedings; or ( b ) if any party is the client of the vexatious third party, to repay to the client costs which the client has been ordered to pay to any other party to the proceedings. [26/2014] (3B) No order under subsection (3A) may be made against any person unless that person has been given a reasonable opportunity to appear before the Board and show cause why the order should not be made. [26/2014] (3C) In subsection (3A), “vexatious third party”, in relation to any proceedings before the Board, means a person — ( a ) who is not a party to the proceedings; and ( b ) who the Board considers to be responsible for anything done or not done by or on behalf of any party that unnecessarily or unreasonably protracts, or adds to the costs or complexity of, those proceedings or puts any party to unnecessary expense in relation to those proceedings. [26/2014] (4) If the claim of the appellant exceeds the amount awarded by 20% or more, the appellant is not entitled to the appellant’s costs. (5) Any costs directed by the Board or by this section to be paid are, unless the Board otherwise directs, taxable in the General Division of the High Court. [40/2019] (6) The costs (if any) payable by the appellant, the Collector or person who is not a party may be recovered as if they were costs in a suit in the General Division of the High Court and as if the award of the Board were the decree therein. [26/2014; 40/2019]


document_id: laa-1966
provision_ref: s33
chapter: PART 3 - REFERENCE TO AN APPEALS BOARD
section: 33
title: Matters to be considered in determining compensation
content:
33. —(1) In determining the amount of compensation to be awarded for land acquired under this Act, the Board must take into consideration the following matters and no others: ( a ) where the date of acquisition of the land is on or after 12 February 2007, the market value of the acquired land — (i) as at the date of the publication of the notification under section 3(1) if the notification is, within 6 months from the date of its publication, followed by a declaration made under section 5 in respect of the same land or part thereof; or (ii) as at the date of the publication of the declaration made under section 5, in any other case; ( b ) any increase in the value of any other land (such as contiguous or adjacent land) of the person interested likely to accrue from the use to which the land acquired will be put; ( c ) the damage (if any) sustained by the person interested at the time of the Collector’s taking possession of the land by reason of severing that land from the person’s other land; ( d ) the damage (if any) sustained by the person interested at the time of the Collector’s taking possession of the land by reason of the acquisition injuriously affecting the person’s other property, whether movable or immovable, in any other manner; ( e ) if, in consequence of the acquisition, the person interested is compelled to change the person’s residence or place of business, the reasonable expenses (if any) incidental to that change; ( f ) if, in consequence of the acquisition, any reissue of title is necessary, the fees or costs relating to survey, issue and registration of title, stamp duty and such other costs or fees which may reasonably be incurred. [2/88; 9/93; 38/95; 19/2007; 26/2014] (1A) However, where only airspace above the surface of any land, or only subterranean space below the surface of any land, is acquired, then despite subsection (1), the Board must take into consideration the following matters, and no others, in determining the compensation to be awarded for the airspace or subterranean space acquired: ( a ) the market value of the airspace or subterranean space acquired — (i) as at the date of the publication of the notification under section 3(1) if the notification is, within 6 months from the date of its publication, followed by a declaration made under section 5 in respect of the same airspace or subterranean space (as the case may be) or part thereof; or (ii) as at the date of the publication of the declaration made under section 5, in any other case; ( b ) any increase in the value of any other land (such as contiguous, adjacent or surface land, as the case may be) of the person interested likely to accrue from the use to which the airspace or subterranean space acquired will be put; ( c ) the damage (if any) sustained by the person interested at the time of the Collector’s taking of possession of the land by reason of severing that airspace or subterranean space from the person’s other land (such as contiguous, adjacent or surface land, as the case may be); ( d ) the damage (if any) sustained by the person interested at the time of the Collector’s taking of possession of the airspace or subterranean space (as the case may be) by reason of the acquisition injuriously affecting the person’s other property, whether movable or immovable, in any other manner; ( e ) if, in consequence of the acquisition, the person interested is compelled to change the person’s residence or place of business, the reasonable expenses (if any) incidental to that change; ( f ) if, in consequence of the acquisition, any reissue of title is necessary, the fees or costs relating to survey, issue and registration of title, stamp duty and such other costs or fees which may reasonably be incurred. [12/2015] (2) If the value of any other land of the person interested likely to accrue from the use to which the land acquired will be put is increased, the increase is to be set off only against the amount of compensation that would otherwise be payable under subsection (1)( c ) or ( d ) or both, or subsection (1A)( c ) or ( d ) or both, where applicable. [26/2014; 12/2015] (3) [ Deleted by Act 19 of 2007 ] (4) [ Deleted by Act 19 of 2007 ] (5) For the purposes of subsection (1)( a ) or (1A)( a ) — ( a ) [ Deleted by Act 19 of 2007 ] ( b ) if the value of the land is increased by reason of the use thereof or of any premises thereon in a manner which could be restrained by any court or is contrary to law or is detrimental to the health of the occupiers of the premises or to public health, the amount of that increase is not to be taken into account; ( c ) [ Deleted by Act 19 of 2007 ] ( d ) if any land in respect of which a value has been stated by or with the knowledge or consent of the owner thereof in any affidavit, return or other document required to be made or delivered to any public officer under the provisions of any written law and accepted by him or her at that value for the purposes of assessing the tax or duty payable thereon where the statement was made within 2 years of the date of the notification under section 5(1) in respect of the land, the market value of the acquired land at the date of the statement is deemed not to exceed the value therein contained; ( e ) the market value of the acquired land is deemed not to exceed the price which a bona fide purchaser might reasonably be willing to pay, after taking into account the zoning and density requirements and any other restrictions imposed by or under the Planning Act 1998 as at the date of acquisition and any restrictive covenants in the title of the acquired land, and no account is to be taken of any potential value of the land for any other use more intensive than that permitted by or under the Planning Act 1998 as at the date of acquisition. ( f ) [ Deleted by Act 19 of 2007 ] [3/98; 19/2007; 12/2015] (6) For the purposes of this section, the date of acquisition of any land is the date of the publication of the notification under section 5(1) declaring that that land is needed for the purpose specified in the declaration. [2/88]


document_id: laa-1966
provision_ref: s34
chapter: PART 3 - REFERENCE TO AN APPEALS BOARD
section: 34
title: Matters to be disregarded in determining compensation
content:
34. In determining the amount of compensation to be awarded for land acquired under this Act, the Board must not take into consideration — ( a ) the degree of urgency which has led to the acquisition; ( b ) any disinclination of the person interested to part with the land acquired; ( c ) any damage sustained by the person interested which, if caused by a private person, would not be a good cause of action; ( d ) any damage which is likely to be caused to the land acquired after the date of the publication of the notification under section 5 by or in consequence of the use to which it will be put; ( e ) any increase to the value of the land acquired likely to accrue from the use to which it will be put when acquired; ( f ) any outlay on additions or improvements to the land acquired, which was incurred after the date of the publication of the notification under section 5, unless the additions or improvements were necessary for the maintenance of any building in a proper state of repair, and were carried out with the approval of the Commissioner of Lands; ( g ) oral or documentary evidence of any conveyance, assignment, transfer or other disposition affecting the acquired land, unless the instrument has been duly stamped and registered in the Registry of Land Titles and Deeds and filed with the Chief Assessor of Property Tax 6 months prior to the date of the publication of the notification under section 5; or ( h ) evidence of sales of comparable properties, unless the Board is satisfied that the sales are made bona fide and not for speculative purposes and the onus of proving that the transactions are made bona fide and not for speculative purposes shall lie with the appellant.


document_id: laa-1966
provision_ref: s35
chapter: PART 3 - REFERENCE TO AN APPEALS BOARD
section: 35
title: Rules as to amount of compensation
content:
35. —(1) Where the applicant has made a claim to compensation pursuant to any notice published under section 8(1) or served under section 8(2), the amount awarded to the applicant must not exceed the amount so claimed or be less than the amount awarded by the Collector under section 10. [2/2012] (2) Where the applicant has refused to make such a claim or has omitted without sufficient reason, to be allowed by the Board, to make such a claim, the amount awarded by the Board may be less than and must in no case exceed the amount awarded by the Collector. (3) Where the applicant has omitted for a sufficient reason, to be allowed by the Board, to make such a claim, the amount awarded to the applicant by the Board may be less than or may exceed the amount awarded by the Collector.


document_id: laa-1966
provision_ref: s36
chapter: PART 3 - REFERENCE TO AN APPEALS BOARD
section: 36
title: Collector may be directed to pay interest on excess compensation
content:
36. If the sum which in the opinion of the Board the Collector ought to have awarded as compensation is in excess of the sum which the Collector did award as compensation, the Board may direct that the Collector must pay interest on the excess at the rate of 6% per annum from the date on which the Collector took possession of the land to the date of payment of the excess to the court or to the person interested.


document_id: laa-1966
provision_ref: s37
chapter: PART 3 - REFERENCE TO AN APPEALS BOARD
section: 37
title: Rules of Court applicable
content:
37. Except insofar as they may be inconsistent with anything in this Act, the Rules of Court for the time being in force apply to all proceedings before the Appellate Division of the High Court or the Court of Appeal under this Act. [40/2019]


document_id: laa-1966
provision_ref: s38
chapter: PART 4 - APPORTIONMENT OF COMPENSATION
section: 38
title: Determination of proportions
content:
38. —(1) When the amount of the compensation has been settled and there is any dispute as to the apportionment thereof, the Commissioner sitting alone may decide the proportions in which the persons interested are entitled to share in the amount. (2) An appeal shall lie from that decision to the Court of Appeal whose decision is final. (3) The procedure governing such appeals to the Court of Appeal is the same as for appeals to the Court of Appeal from decisions of the General Division of the High Court in civil matters. [40/2019]


document_id: laa-1966
provision_ref: s39
chapter: PART 4 - APPORTIONMENT OF COMPENSATION
section: 39
title: Costs of apportionment to be borne by parties
content:
39. The costs of all proceedings for apportioning the amount of compensation must be borne by such of the persons interested in the proportions as the Commissioner, the Appellate Division of the High Court or the Court of Appeal (as the case may be) determines. [40/2019]


document_id: laa-1966
provision_ref: s39A
chapter: PART 4A - APPEALS FROM DECISIONS OF APPEALS
section: 39A
title: Court to which appeal is to be made
content:
39A. —(1) The Minister may, after consulting the Chief Justice, by order in the Gazette , determine that appeals under section 29(2) are to be made to the Appellate Division of the High Court, instead of the Court of Appeal. [40/2019] (2) The Minister may, after consulting the Chief Justice, by order in the Gazette , determine that appeals under section 38(2) are to lie to the Appellate Division of the High Court, instead of the Court of Appeal. [40/2019]


document_id: laa-1966
provision_ref: s39B
chapter: PART 4A - APPEALS FROM DECISIONS OF APPEALS
section: 39B
title: Modifications where order under section 39A is in force
content:
39B. —(1) Where an order under section 39A(1) is in force — ( a ) any reference to the Court of Appeal in section 29(2), (2A), (3) and (4) is a reference to the Appellate Division of the High Court; ( b ) the reference to Court in section 29(4) is a reference to the Appellate Division of the High Court; and ( c ) section 29(5) is replaced with the following provision: “ (5) There is such further right of appeal from decisions of the Appellate Division of the High Court under this section as exists in the case of decisions made by the Appellate Division of the High Court in the exercise of its appellate civil jurisdiction. ”. [40/2019] (2) Where an order under section 39A(2) is in force — ( a ) any reference to the Court of Appeal in section 38(3) is a reference to the Appellate Division of the High Court; and ( b ) section 38(2) is replaced with the following provisions: “ (2) An appeal lies from that decision to the Appellate Division of the High Court. (2A) There is such further right of appeal from decisions of the Appellate Division of the High Court under this section as exists in the case of decisions made by the Appellate Division of the High Court in the exercise of its appellate civil jurisdiction. ”. [40/2019]


document_id: laa-1966
provision_ref: s40
chapter: PART 5 - PAYMENT
section: 40
title: Payment of compensation or deposit thereof with court
content:
40. —(1) On making an award under section 10, the Collector must make a written offer of the compensation awarded by him or her to the persons interested entitled thereto according to the award, and must pay it to them unless prevented by one or more of the contingencies mentioned in subsection (2) or subsection (1A) applies. [26/2014] (1A) If — ( a ) an award is made under section 10 with respect to a non‑lot acquisition relating to a strata title plan; and ( b ) within 28 days after that award is made, the subsidiary proprietors constituting the management corporation for the strata title plan serve on the Collector a copy of a special resolution mentioned in section 85A(4) of the Building (Strata Management) Act 2004 with respect to that non‑lot acquisition, [Act 12 of 2020 wef 01/10/2025] the Collector need not make a written offer of the compensation awarded in accordance with subsection (1) but must instead — ( c ) inform the management corporation for the strata title plan that the compensation awarded is to be paid to the persons in section 10(1B)( a ); and ( d ) pay that compensation according to section 10(1B) unless prevented by one or more of the contingencies mentioned in subsection (2). [26/2014] (2) If they do not consent to receive it, or if there is no person competent to alienate the land, or if there is any dispute as to the title to receive the compensation or as to the apportionment of it, or if possession of the land has not been taken by the Collector, the Collector must apply to the Registrar of the Supreme Court by way of an application without notice for an order to deposit the amount of the compensation in court, and, despite anything to the contrary in the Rules of Court for the time being in force, the Registrar may make such an order except that any person admitted to be interested may receive such payment under protest as to the sufficiency of the amount. [42/2005] [Act 25 of 2021 wef 01/04/2022] (3) Despite subsection (1), no person who has received the amount otherwise than under protest is entitled to appeal to the Board under section 23. (4) Nothing in this section affects the liability of any person, who may receive the whole or any part of any compensation awarded under this Act, to pay it to the person lawfully entitled to it. (5) Despite anything in this section, the Collector, instead of awarding a money compensation in respect of any land, may enter into any arrangement with a person having a limited interest therein in such a way as may be equitable having regard to the interests of the parties concerned.


document_id: laa-1966
provision_ref: s41
chapter: PART 5 - PAYMENT
section: 41
title: Payment of interest
content:
41. When the amount of such compensation is not paid or deposited on or before taking possession of the land, the Collector must pay the amount awarded with interest thereon at the rate of 6% per annum from the time of so taking possession until it has been so paid or deposited.


document_id: laa-1966
provision_ref: s42
chapter: PART 6 - TEMPORARY OCCUPATION AND USE OF LAND
section: 42
title: Temporary occupation of land for public purpose
content:
42. —(1) Where it appears to the President that any land that is not State land is required for temporary occupation and use for a public purpose, the President may direct the Collector to procure the temporary occupation and use of that land, for such term or terms as may be determined, ordinarily not exceeding a total of 3 continuous years from the start of the occupation. [12/2015] (2) Upon the direction of the President under subsection (1) to procure the temporary occupation and use of any land that is not State land, the Collector or any person authorised by the Collector has the right to enter upon and take temporary possession of that land in accordance with the terms of that direction. [12/2015] (3) However, the Collector or a person authorised by the Collector is not to exercise any right conferred by subsection (2) in respect of any land unless the Collector has given at least one month’s notice of the Collector’s intention to exercise that right to the persons interested in the land, and to every occupier of that land. [12/2015] (4) A notice referred to in subsection (3) must — ( a ) state the estimated period (if any) during which the Collector intends to temporarily occupy or take possession of the land; ( b ) give a brief description of the works (if any) which are to be carried out in or on that land; ( c ) describe the area or extent of the land needed for the carrying out of the works mentioned in paragraph ( b ); and ( d ) state that any person interested in the land may serve on the Collector a claim of compensation for the items of loss, damage or cost set out in the first column of the Schedule to the extent of the loss, damage or cost suffered or incurred by the person interested. [12/2015] (5) To avoid doubt, a notice under subsection (3) is to be given for each term determined under subsection (1) that land is to be entered upon and taken temporary possession of in accordance with a direction under subsection (1). [12/2015] (6) The ownership of anything is not altered by reason only that it is placed in, under, over or affixed to any land in exercise of a right conferred upon the Collector by this section. [12/2015] (7) Unless section 49A(1) applies, the Collector must return all temporarily occupied land to the persons interested no later than — ( a ) on the expiry of the term determined under subsection (1) for the temporary occupation and use of that land; or ( b ) if more than one term has been so determined under subsection (1) for the temporary occupation and use of that land, on the expiry of the last term so determined. [12/2015] (8) In this section, a reference to entry on land includes — ( a ) digging or boring of a tunnel under the land and erecting any building, object or structure over or under the land; ( b ) removing any building, or any object or structure or vegetation from the land; ( c ) constructing on the land temporary works, such as the provision of means of access; and ( d ) underpinning or strengthening a building. [12/2015]


document_id: laa-1966
provision_ref: s43
chapter: PART 6 - TEMPORARY OCCUPATION AND USE OF LAND
section: 43
title: Compensation for temporary occupation of land
content:
43. —(1) Subject to sections 44 and 44A, every person interested in temporarily occupied land is entitled to claim compensation for the items of loss, damage or cost set out in the first column of the Schedule to the extent of the loss, damage or cost suffered or incurred by the person interested. [12/2015] (2) A claim for compensation for an item of loss, damage or cost set out in the first column of the Schedule is to be assessed by the Collector — ( a ) on the basis of the matters specified opposite in the second column of the Schedule; and ( b ) by not taking into consideration any of the matters specified in subsection (3). [12/2015] (3) No account is to be taken of the following in the assessment of any claim for compensation by any person interested in temporarily occupied land: ( a ) the financial loss resulting from the interruption of or interference with any trade or business carried on any land; ( b ) any increase or decrease in the value of the land to which the compensation relates which is attributable to the purpose for which the land is occupied and used; ( c ) any building, object or structure within the land which was erected and maintained in contravention of any written law in force on the date of the notice under section 42(3) relating to that land; ( d ) any building or part of a building within the land 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 1989 within the meaning of that Act. [12/2015] (4) Upon receiving a claim for compensation from any person interested in temporarily occupied land, the Collector is to inquire into that claim and must, as soon as is possible — ( a ) make an award of compensation for such loss, damage or cost arising from the exercise of the powers under section 42 as is determined in accordance with this section; and ( b ) give written notice to the person interested of that award of compensation. [12/2015] (5) To avoid doubt, nothing in this section prevents the Collector from restoring the temporarily occupied land to the reasonable satisfaction of the persons interested in the land before returning the land to the persons interested, in lieu of compensation for any item of loss, damage or cost set out in the first column of the Schedule. [12/2015]


document_id: laa-1966
provision_ref: s44
chapter: PART 6 - TEMPORARY OCCUPATION AND USE OF LAND
section: 44
title: Time for, and manner of, claiming for compensation
content:
44. —(1) Every claim for compensation under this Part must be in writing. [12/2015] (2) Subject to subsection (4), if a claim for compensation for an item of loss, damage or cost set out in the first column of the Schedule is not served on the Collector before the expiry of the period specified in subsection (3) for that item, the right to claim compensation for that item is barred and any late claim may be disregarded. [12/2015] (3) The period within which a claim for compensation for an item of loss, damage or cost set out in the first column of the Schedule must be served upon the Collector is as follows: ( a ) for a claim for loss due to displacement of any person in lawful occupation of the land on the date of a notice under section 42(3) to enter upon and take temporary possession of that land — 2 years starting from the date of the last such notice given to the person for that purpose; ( b ) for a claim for structural damage to any building resulting from the temporary occupation and use of the land under section 42 — 6 years starting from the date that land is returned or the date the applicable period referred to in section 42(7) expires, if earlier; ( c ) for a claim for other damage to any land — 6 years starting from the date that land is returned or the date the applicable period referred to in section 42(7) expires, if earlier; ( d ) for a claim for removal of any object or structure which was erected and maintained without contravention of any written law — one year from the date of removal, or the date of reinstatement or replacement, whichever is applicable. [12/2015] (4) The Board may extend any period specified in subsection (3) within which a claim must be served upon the Collector if an application for the extension is made to the Board, either before or after the expiry of that period, and the Board considers — ( a ) that the delay in serving the claim was occasioned by mistake of fact or mistake of any matter of law (other than this Act) or by any other reasonable cause; or ( b ) that the Collector is not materially prejudiced by the delay. [12/2015] (5) An extension may be granted by the Board under subsection (4) with or without conditions, and for such period as the Board thinks fit, but in no case exceeding 6 years from the time when the right to compensation first arose. [12/2015]


document_id: laa-1966
provision_ref: s44A
chapter: PART 6 - TEMPORARY OCCUPATION AND USE OF LAND
section: 44A
title: Disqualification as to certain compensation
content:
44A. If an owner of any temporarily occupied land gives to the Collector any notice under section 49(1) in relation to that land within the claim period as defined in section 49A(9) for temporarily occupied land, the owner is entitled to claim only for loss due to displacement of any person in lawful occupation of the land on the date of the last notice under section 42(3), and no other item in the Schedule. [12/2015]


document_id: laa-1966
provision_ref: s44B
chapter: PART 6 - TEMPORARY OCCUPATION AND USE OF LAND
section: 44B
title: Appeal against award of compensation
content:
44B. —(1) Any person interested who is aggrieved by an award of compensation made under section 43(4)( a ) (called in this section the appellant) may appeal to the Board — ( a ) by lodging with the Registrar of the Board, within 28 days after receiving the notice of the award mentioned in section 43(4)( b ), a written notice of appeal in duplicate; ( b ) by depositing or authorising the Collector to deposit with the Accountant‑General within 28 days after receiving the notice of the award mentioned in section 43(4)( b ), the lower of the following sums if the requirement for a deposit is not waived by the Collector: (i) a sum equal to one‑third of the amount of the award; (ii) $5,000; and ( c ) by lodging with the Registrar of the Board, within 28 days after receiving from the Collector the grounds of the award mentioned in subsection (2), a petition of appeal in duplicate containing a statement of the grounds of appeal. [12/2015] (2) After a notice of appeal under subsection (1) is lodged, the following steps must be taken: ( a ) first, the Registrar of the Board must forthwith forward a copy of the notice of appeal to the Collector; ( b ) secondly, the Collector must lodge with the Registrar of the Board the Collector’s grounds of award; ( c ) thirdly, the Registrar of the Board must — (i) deliver or tender a copy of those grounds of award to the appellant; or (ii) send by registered post a copy of those grounds of award to the appellant. [12/2015] (3) The decision of the Board on appeal is final. [12/2015] (4) In determining the amount of compensation for an item of loss, damage or cost set out in the first column of the Schedule, the Board — ( a ) must assess compensation on the basis of the matters specified opposite in the second column of the Schedule; and ( b ) must not take into consideration any of the matters specified in section 43(3). [12/2015] (5) Sections 23(3) and (4), 24, 25, 26, 27, 31 and 32 apply (so far as relevant) to an appeal under this section with such prescribed exceptions, modifications and adaptations as the differences between an appeal under this section and an appeal under section 23 require. [12/2015]


document_id: laa-1966
provision_ref: s44C
chapter: PART 6 - TEMPORARY OCCUPATION AND USE OF LAND
section: 44C
title: Bar to other proceedings
content:
44C. Except as provided by or under this Part, no action, claim or other proceeding shall lie against the Collector or any person authorised under section 42(3) — ( a ) to restrain the doing of anything which is authorised by or under section 42 or to compel the doing of anything which may be omitted to be done under section 42; or ( b ) to recover damages, compensation or costs for — (i) damage or disturbance to or loss of or in the value of any land, chattel, trade or business; (ii) personal disturbance or inconvenience; (iii) extinguishment, modification or restriction of rights; or (iv) effecting or complying with any requirement or condition imposed by the Collector, which is authorised by or under section 42 or arises from any act or omission so authorised. [12/2015]


document_id: laa-1966
provision_ref: s45
chapter: PART 7 - MISCELLANEOUS
section: 45
title: Service of documents
content:
45. —(1) A notice or other document required or authorised by this Act to be served on any person may be served — ( a ) in the case of an individual — (i) by delivering it to the individual personally; (ii) by leaving it with an adult person apparently resident at, or by sending it by prepaid registered post to, the usual or last known address of the individual’s place of residence; (iii) by leaving it with an adult person apparently employed at, or by sending it by prepaid registered post to, the usual or last known address of the individual’s place of business; (iv) by sending it by fax to the usual or last known address of the individual’s place of residence or business; or (v) by affixing a copy of the notice in a conspicuous place at the usual or last known address of residence or business of the individual; ( b ) in the case of a partnership other than a limited liability partnership — (i) by delivering it to any one of the partners or the secretary or other like officer of the partnership; or (ii) by leaving it at, or by sending it by prepaid registered post or fax to, the principal or last known place of business of the partnership in Singapore; ( c ) in the case of a body corporate that is a management corporation or subsidiary management corporation for a strata title plan — (i) by delivering it to the chairperson, secretary or other member of the council of the management corporation or the executive committee of the subsidiary management corporation, as the case may be; or (ii) by leaving it at, or by sending it by prepaid registered post or fax to, the address of the management corporation or subsidiary management corporation, as recorded on the folio of the land-register comprising the strata title plan; or ( d ) in the case of any limited liability partnership or any other body corporate — (i) by delivering it to the secretary or other like officer of the body corporate or, in the case of a limited liability partnership, the manager thereof; or (ii) by leaving it at, or by sending it by prepaid registered post or fax to, the registered office or principal office of the limited liability partnership or body corporate in Singapore. [19/2007] (2) If the Collector is unable after due inquiry to ascertain the whereabouts of any person on whom a notice or other document is required by this Act to be served, the notice or document may be given or served — ( a ) by placing it on a board or other structure in a conspicuous place on the land to which the notice relates and by fixing a copy of the same notice or document in a conspicuous place in the office of the Collector; or ( b ) by publishing a copy of it in one or more daily local newspapers circulating in Singapore. [19/2007] (3) Where any notice or other document is — ( a ) sent by fax in accordance with subsection (1) — it is deemed to have been duly served on the person to whom it is addressed when there is an acknowledgment by electronic or other means to the effect that the notice or document has been received at the place of residence or business or registered office or principal office, as the case may be; ( b ) sent by prepaid registered post — it is deemed to have been duly served on the person to whom it is addressed 2 days after the day the notice or document was posted, unless it is returned undelivered; or ( c ) served by publishing a copy of it in one or more daily local newspapers circulating in Singapore — it is deemed to have been duly served on the person to whom it is addressed on the day of the last publication. [19/2007] (4) This section does not apply to notices and documents required to be served in proceedings in court. [19/2007]


document_id: laa-1966
provision_ref: s46
chapter: PART 7 - MISCELLANEOUS
section: 46
title: Penalty for obstructing survey, etc., or destroying landmarks
content:
46. —(1) Any person who — ( a ) obstructs any officer, or any duly authorised person, in the performance of anything which the officer or person is by section 3 or 7 required or empowered to do; or ( b ) wilfully, without reasonable excuse, fills up, removes, damages, destroys, displaces, obliterates or defaces any trench or mark made under section 3, 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 one month or to both. [19/2007] (2) A court that finds a person guilty of an offence under subsection (1)( b ) may, in addition to any penalty it imposes, order the person to pay compensation, totalling not more than 3 times the cost of replacing and repairing the trench or mark and of making any survey rendered necessary by the act for which the person was convicted. [19/2007] (3) The amount mentioned in subsection (1) is to be levied in the manner provided by the Criminal Procedure Code 2010 for the collection of fines. [19/2007]


document_id: laa-1966
provision_ref: s47
chapter: PART 7 - MISCELLANEOUS
section: 47
title: Police to enforce surrender
content:
47. If the Collector is opposed or impeded in taking possession under this Act of any land, he or she may apply to the Commissioner of Police who shall enforce the surrender of the land to the Collector.


document_id: laa-1966
provision_ref: s48
chapter: PART 7 - MISCELLANEOUS
section: 48
title: Government not bound to complete acquisition
content:
48. —(1) Except in the case provided for in sections 49 and 49A, the Government is at liberty to withdraw from the acquisition of any land or any part thereof of which possession has not been taken. [12/2015] (2) Whenever the Government withdraws from any such acquisition, the Collector must determine the amount of compensation due for the damage (if any) done to the land under section 3 or 7 and not already paid for under section 4, and must pay that amount to the person injured and must pay to the persons interested all such costs as have been reasonably incurred by them by reason or in consequence of the proceedings for acquisition, together with compensation for the damage (if any) which they may have sustained by reason or in consequence of those proceedings. (3) The provisions of Part 3 apply, so far as may be, to the determination of the compensation payable under this section. (4) When the Government has withdrawn from any acquisition, any costs payable by the Government to any person interested under subsection (2) must, unless their amount is agreed between the Government and the person interested, be taxed by the Registrar of the Supreme Court in accordance with a procedure to be prescribed by Rules of Court for the time being in force.


document_id: laa-1966
provision_ref: s49
chapter: PART 7 - MISCELLANEOUS
section: 49
title: Owners who suffer substantial impairment in rights in land may require their land to be acquired
content:
49. —(1) The owner of any temporarily occupied land, any remaining surface land or any severed land may, by written notice given to the Collector, request the Government to acquire under this Act — ( a ) the temporarily occupied land, the remaining surface land or the severed land (as the case may be); and ( b ) any other land of the owner related to the temporarily occupied land or the remaining surface land in paragraph ( a ), if the owner considers that the owner suffers substantial impairment of the owner’s rights in the lands in paragraphs ( a ) and ( b ) because of — ( c ) the temporary possession in accordance with a direction under section 42 of the temporarily occupied land; ( d ) the acquisition under this Act of the airspace above or the subterranean space below the remaining surface land; or ( e ) the severance arising from the acquisition under this Act of any other part of the owner’s land. [12/2015] (2) If there is more than one owner of the land concerned, the notice under this section must be given by all the owners. [12/2015] (3) Any notice under this section is irrevocable once given to the Collector. [12/2015] (4) For the purposes of this section and section 49A — ( a ) land is related to any temporarily occupied land if that land is the remainder of a parcel of land part of which is the temporarily occupied land; and ( b ) land is related to any remaining surface land if that land — (i) is the remainder of a parcel of land part of which is the remaining surface land; and (ii) is above or below the airspace or subterranean space acquired and the remaining surface land. [12/2015] (5) In this section and section 49A — “owner”, in relation to any land, means — ( a ) a person who has the fee simple estate in the land; ( b ) a person who is the grantee or lessee under a State title for the land; ( c ) a person who has become entitled to exercise a power of sale of the land; or ( d ) a person in occupation of the land under a tenancy the term of which exceeds 7 years; “parcel of land” means the whole area of land that — ( a ) is the subject of a separate certificate of title registered under the Land Titles Act 1993; or ( b ) is a lot in a lawful division of land and capable of being separately held by any owner, and where a single building is erected on 2 or more such adjoining lands or lots referred to in paragraph ( a ) or ( b ), includes the area comprised in those lands or lots, as the case may be. [12/2015]


document_id: laa-1966
provision_ref: s49A
chapter: PART 7 - MISCELLANEOUS
section: 49A
title: Owner-initiated acquisition
content:
49A. —(1) Upon receiving a notice under section 49(1) in relation to any temporarily occupied land, any remaining surface land or any severed land (as the case may be), and any other land related to the temporarily occupied land or the remaining surface land, the Collector is to assess whether the owner of those lands suffers or does not suffer substantial impairment of the owner’s rights in those lands because of — ( a ) the temporary possession in accordance with a direction under section 42 of the temporarily occupied land; ( b ) the acquisition under this Act of the airspace above or the subterranean space below the remaining surface land; or ( c ) the severance arising from the acquisition under this Act of any other part of the owner’s land. [12/2015] (2) The President is to proceed under this Act to acquire the land that is the subject of a notice under section 49(1) as if the land was needed for a public purpose, if the Collector assesses that the owner of the land giving notice suffers substantial impairment of the owner’s rights in the land because of any of the circumstances described in subsection (1)( a ), ( b ) or ( c ). [12/2015] (3) If there is more than one owner of the land concerned giving notice, it is sufficient if the Collector assesses that any one of those owners suffers substantial impairment of that owner’s rights in the land because of any of the circumstances described in subsection (1)( a ), ( b ) or ( c ). [12/2015] (4) A fresh notification or other proceedings under section 5, 6 or 8 (as the case may be) is necessary for the acquisition of the land that is the subject of a notice under section 49(1) and in respect of which subsection (5) does not apply. [12/2015] (5) However, the President is not to proceed under this section to acquire any land that is the subject of a notice under section 49(1) if — ( a ) the notice is not given to the Collector within the claim period applicable to that land; or ( b ) the notice is given to the Collector — (i) for a notice that concerns remaining surface land — after the Collector has made an award under section 10 for the acquisition under this Act of the airspace above or the subterranean space below the remaining surface land; or (ii) for a notice that concerns severed land — after the Collector has made an award under section 10 for the acquisition under this Act of the other part of the owner’s land so severed. [12/2015] (6) An owner of any land that is the subject of a notice under section 49(1), may within the prescribed time appeal to the General Division of the High Court against the Collector’s assessment under subsection (2) or (3) as to — ( a ) whether any person giving the notice under section 49(1) in relation to any land is an owner of the land; or ( b ) whether the owner of the land suffers or does not suffer substantial impairment of the owner’s rights in the land because of any of the circumstances described in subsection (1). [12/2015; 40/2019] (7) To avoid doubt, the Collector is not prevented from taking possession of the land under this Act by reason only that an appeal to the General Division of the High Court under subsection (6) in relation to the land is not determined. [12/2015; 40/2019] (8) For the purposes of this section, an owner of land suffers substantial impairment of the owner’s rights in the land if, and only if, the owner of the land or, if the owner is not in occupation of the land, any lawful occupier of the land — ( a ) is unable, for a period of one year or longer, to use the land, and any land related thereto, according to — (i) the zoning and density requirements and other restrictions imposed by or under the Planning Act 1998; and (ii) any other restrictive covenants in the State title for the land and the land related thereto (if any); and ( b ) is displaced from the land and any land related thereto for a period of one year or longer, solely by reason of any of the circumstances described in subsection (1)( a ), ( b ) or ( c ). [12/2015] (9) In this section — “claim period” means — ( a ) for any temporarily occupied land and land related to that temporarily occupied land — one year starting from either of the following dates: (i) the date of the last notice under section 42(3) relating to the temporarily occupied land; (ii) the date of the expiry of the last term of temporary occupation determined under section 42(1) for the temporary occupation and use of the temporarily occupied land, or the date the land is returned to the owner if earlier; ( b ) for any land above which only the airspace, or any land below which only the subterranean space, is or has been acquired under section 5 (called the remaining surface land) and land related to that remaining surface land — one year starting from the date of acquisition for that airspace or subterranean space, as the case may be; and ( c ) for any land remaining after any other part of the owner’s land is severed because of an acquisition under this Act — one year starting from the date of acquisition for that other land so acquired; “date of acquisition”, for any land, airspace or subterranean space acquired under this Act, means the date of the publication of the notification under section 5(1) declaring that the land, airspace or subterranean space is needed for the purpose specified in that declaration; “displace”, in relation to a person in occupation of any land, means being compelled to relocate the person’s principal place of residence or business on that land as a result of — ( a ) the taking of temporary possession of that land; ( b ) the acquisition under this Act of airspace above, or subterranean space below, that land; or ( c ) any severance; “severance” means severing of land acquired under this Act from other land; “temporary possession”, in relation to land, means temporary possession of the land taken in accordance with a direction under section 42. [12/2015]


document_id: laa-1966
provision_ref: s50
chapter: PART 7 - MISCELLANEOUS
section: 50
title: Acquisition of whole or any additional portion of land where compensation for severance is payable
content:
50. —(1) If any claim for compensation is made to a Collector holding an inquiry under section 10 by a person interested or the person’s agent as provided by sections 15 and 33(1)( c ), on account of the severing of the land to be acquired from the person’s other land, or if, even though no such claim has been made, a Collector holding such an inquiry has certified under his or her hand that compensation as aforesaid is payable upon the acquisition, it is lawful for the President at any time before the Collector has made his or her award, to order the acquisition of the whole or any additional portion of the land of which the land first sought to be acquired forms a part. (2) No fresh notification or other proceedings under sections 5, 6 and 8 are necessary; but the Collector must without delay furnish a copy of the order of the President to the person interested and must thereafter proceed to make his or her award under section 10 as if the whole or any additional portion of the land specified in the order of the President were the subject of the initial notification under section 5. [12/2015]


document_id: laa-1966
provision_ref: s51
chapter: PART 7 - MISCELLANEOUS
section: 51
title: Defraying of costs
content:
51. Where land is acquired for any person, corporation or statutory board, the costs incurred by the Collector in the acquisition must be defrayed by that person, corporation or statutory board. 52. [ Repealed by Act 38 of 2002 ]


document_id: laa-1966
provision_ref: s54
chapter: PART 7 - MISCELLANEOUS
section: 54
title: Rules
content:
54. —(1) The Minister may make rules generally for carrying out the provisions of this Act, and without prejudice to that general power, may make rules for the guidance of officers in all matters connected with this Act. (2) All such rules must be published in the Gazette and must be presented to Parliament as soon as possible after publication.


document_id: laaa-1995
provision_ref: s2
chapter: PART 1 - PRELIMINARY
section: 2
title: Interpretation
content:
2. In this Act, unless the context otherwise requires — “aided person” means a person who is issued a Grant of Aid and, where such a person is a minor, includes the minor’s guardian; “court” means any court, tribunal or adjudicator before which or before whom any proceedings mentioned in section 5(1) or (2) are heard; “Director” means the Director of Legal Aid appointed under section 3 and includes a Deputy Director and an Assistant Director of Legal Aid; “goods and services tax” means the goods and services tax levied under the Goods and Services Tax Act 1993; “Grant of Aid” means a document issued under section 8 stating that legal aid is granted to a person (whether on a provisional basis or otherwise); “guardian”, in relation to a minor, includes any person whom the Director considers might properly be appointed to be the litigation representative of the minor; “judge”, in relation to any proceedings, means the person (however described) who decided those proceedings; “legal advice” has the meaning given by section 20; “legal aid” means legal aid granted under this Act; “solicitor” means an advocate and solicitor of the Supreme Court. [6/2013; 27/2014; 50/2018]


document_id: laaa-1995
provision_ref: s3
chapter: PART 1A - APPOINTMENT OF DIRECTOR OF LEGAL AID,
section: 3
title: Director, Deputy Directors and Assistant Directors of Legal Aid, etc.
content:
3. —(1) The Minister may appoint a person to be the Director of Legal Aid and may also appoint such number of Deputy Directors and Assistant Directors of Legal Aid as the Minister may consider necessary for the proper carrying out of this Act. [50/2018] (2) No person may be appointed to be or to act temporarily as the Director, a Deputy Director or an Assistant Director of Legal Aid unless the person is a qualified person as defined in section 2 of the Legal Profession Act 1966 or is a solicitor. (3) The Director of Legal Aid may — ( a ) appoint such number of public officers of such qualifications and experience as the Director of Legal Aid considers appropriate, for the purpose of assisting the Director of Legal Aid, and the Deputy Directors and Assistant Directors of Legal Aid in carrying out any of their duties under this Act; and ( b ) assign to those appointed public officers duties that the Director of Legal Aid considers appropriate for the purpose mentioned in paragraph ( a ). [50/2018] (4) Despite any other written law, for the purposes of this Act, the following persons have the right to appear and plead in all courts of justice in Singapore according to the law in force in those courts: ( a ) the Director and every Deputy Director or Assistant Director of Legal Aid; ( b ) a public officer who is appointed under subsection (3), and is assigned under that subsection any duty that requires the public officer to appear and plead in those courts. [50/2018]


document_id: laaa-1995
provision_ref: s4
chapter: PART 1A - APPOINTMENT OF DIRECTOR OF LEGAL AID,
section: 4
title: Panels of solicitors
content:
4. —(1) The Director must prepare and maintain panels of solicitors willing — ( a ) to investigate, report and give an opinion upon applications for the grant of legal aid under this Act or Part 4 of the International Child Abduction Act 2010; ( b ) to act for persons receiving legal aid under this Act or Part 4 of the International Child Abduction Act 2010; and ( c ) to give legal advice under the provisions of this Act or Part 4 of the International Child Abduction Act 2010, and there may be separate panels for different purposes and for different courts. [27/2010] (2) The Director may appoint a solicitor to a panel mentioned in subsection (1) for a term of 3 years, or such longer or shorter period as the Director may specify in any particular case, beginning on such date as the Director may specify in the solicitor’s letter of appointment. [50/2018] (3) Any solicitor is entitled to have his or her name on the panels or any of them unless there is good reason for excluding or removing him or her on any of the grounds under subsection (4). [6/2013] (4) The Director may, at any time, exclude or remove any solicitor from any panel — ( a ) if the solicitor has ceased to be a practising solicitor for any reason; ( b ) if the solicitor has requested that the Director remove the solicitor from the panel; ( c ) if the solicitor has shown from his or her conduct when assigned to act for persons receiving legal aid or from his or her professional conduct generally that the solicitor is not a suitable person to remain on the panel; or ( d ) if, in the opinion of the Director — (i) the solicitor is not a suitable person to be or to remain on the panel for any other reason; or (ii) it is necessary or expedient to exclude or remove the solicitor’s name from the panel for any other reason. [6/2013] (5) Where a solicitor is aggrieved by any decision excluding or removing the solicitor (whether permanently or temporarily) from the panels or any of them, the solicitor may appeal against the decision to the General Division of the High Court and the General Division of the High Court (whose decision is final) may confirm or quash the decision appealed against or may substitute such decision as the General Division of the High Court thinks fit. [6/2013; 40/2019] (6) A solicitor has the duty to disclose to the Director any information or give any opinion which may enable the Director to perform the Director’s functions under this Act, including such information or opinion which may reasonably be taken into account by the Director or the board referred to in section 8 in determining whether to refuse or cancel legal aid to a person or an aided person, and the solicitor is not precluded from so doing by reason of any privilege arising out of the relationship between solicitor and client. [6/2013] (7) Subject to any regulations made under this Act, the Director must pay to a solicitor investigating and reporting, or giving an opinion, upon applications for the grant of legal aid or acting for persons receiving legal aid or giving legal advice under the provisions of this Act or Part 4 of the International Child Abduction Act 2010 such fees as may be agreed between the Director and the solicitor. [27/2010]


document_id: laaa-1995
provision_ref: s4A
chapter: PART 1A - APPOINTMENT OF DIRECTOR OF LEGAL AID,
section: 4A
title: Protection from personal liability
content:
4A. —(1) Subsection (2) applies where an act is done or omission is made — ( a ) by the Director or any public officer appointed under section 3(3)( a ) in the exercise or purported exercise of a function under this Act (except the provision of any legal advice or legal representation to an aided person in any proceedings to which a Grant of Aid relates); ( b ) by an appointed solicitor in the exercise or purported exercise of a function under section 4(1) (including, if applicable, in discharging a duty of a solicitor mentioned in section 4(6)); ( c ) by an appointed solicitor who is a member of a board mentioned in section 8(1)( b )(ii) in the exercise or purported exercise of the function under that provision (including, if applicable, in discharging a duty of a solicitor mentioned in section 4(6)); or ( d ) by a person authorised by the Minister under section 8(5), in the exercise or purported exercise of the power under section 8(4)( b ). (2) No liability shall lie personally against any person mentioned in subsection (1) who did the act or made the omission, if the act was done or the omission was made in good faith and with reasonable care. (3) In subsection (1) — “appointed solicitor” means a solicitor appointed to the panel of solicitors mentioned in section 4(1); “exercise of a function” includes the performance of a duty. [Act 32 of 2024 wef 01/04/2025]


document_id: laaa-1995
provision_ref: s5
chapter: PART 2 - LEGAL AID IN CIVIL ACTIONS
section: 5
title: Scope and general conditions of legal aid in civil actions
content:
5. —(1) Subject to this Part, legal aid may be given to a citizen or permanent resident of Singapore in relation to any civil proceedings mentioned in Part 1 of the Schedule (not being any proceedings mentioned in Part 2 of the Schedule). [50/2018] (2) Despite subsection (1), the Director may authorise the giving of legal aid to a citizen or permanent resident of Singapore in relation to any proceedings mentioned in Part 2 of the Schedule, if the Director is satisfied that those proceedings are, or are likely to be, related to any civil proceedings mentioned in that subsection. [50/2018] (3) In deciding whether any proceedings mentioned in Part 2 of the Schedule are, or are likely to be, related to any civil proceedings mentioned in subsection (1), the Director may consider — ( a ) whether a court has ordered, or may order, that the proceedings mentioned in Part 2 of the Schedule, and the civil proceedings mentioned in subsection (1), be consolidated or tried at the same time, on the ground that some common question of fact arises in both proceedings; and ( b ) any other circumstances that may be specified in any regulations made under this Act. [50/2018] (4) The proceedings in connection with which legal aid may be given may be varied by regulations made under this Act and the regulations may describe the proceedings to be included or excluded by reference to the court, to the issues involved, to the capacity in which the person requiring legal aid is concerned, or otherwise. [6/2013] (5) Regulations made for the purpose of this section must not provide for giving legal aid in connection with any proceedings before any court before which persons have no right and are not normally allowed to be represented by a solicitor. [6/2013] (6) In this section, “permanent resident” means a permanent resident of Singapore as defined by section 2 of the Immigration Act 1959. [Act 31 of 2023 wef 01/12/2025]


document_id: laaa-1995
provision_ref: s6
chapter: PART 2 - LEGAL AID IN CIVIL ACTIONS
section: 6
title: Application for legal aid
content:
6. —(1) Any person who (whether in his or her own right or in a representative capacity) desires to be granted legal aid must make an application in that behalf to the Director. [6/2013] (2) An application for legal aid must be — ( a ) made in the form and manner required by the Director; and ( b ) accompanied by any documents and information required by the Director. [50/2018] (3) Where the person who desires to be granted legal aid is a minor, the application must be made on behalf of the minor by the minor’s guardian. [6/2013] (4) Where any application is made on behalf of a minor then — ( a ) a reference in section 7 or 8(1)( b ) or (2)( c ) to the applicant is to be construed as a reference to the guardian and the minor jointly or to either of them severally; and ( b ) a reference in section 8(1)( a ) or (2)( b ) to the applicant is, in any case where the minor is unmarried and the guardian is a relative of the minor, to be construed as a reference to both the guardian and the minor and in every other case is to be construed as a reference to the minor only. [6/2013; 50/2018] (5) In subsection (4), “relative” means — ( a ) in the case of a legitimate child, any one of his or her parents; ( b ) in the case of an adopted child, an adopting parent; and ( c ) in the case of an illegitimate child, the mother. (6) Where — ( a ) an aided person was a minor at the time legal aid was granted to him or her in respect of any proceedings; ( b ) such proceedings have not been concluded by the time the aided person attains 21 years of age; and ( c ) the aided person wishes to continue receiving legal aid in respect of those proceedings after attaining 21 years of age, the aided person must give to the Director, within the prescribed time after the aided person attains 21 years of age, and in the form and manner required by the Director, a written consent to continue receiving legal aid in respect of those proceedings. [6/2013; 50/2018] (7) Every aided person who gives a written consent under subsection (6) is deemed to have made a fresh application for legal aid in that person’s own right. [50/2018]


document_id: laaa-1995
provision_ref: s6A
chapter: PART 2 - LEGAL AID IN CIVIL ACTIONS
section: 6A
title: Application for legal aid in relation to appointment of deputy, etc.
content:
6A. —(1) This section applies where — ( a ) a person ( P ) lacks capacity within the meaning of section 4 of the Mental Capacity Act 2008; and ( b ) a professional deputy makes an application for legal aid under section 6 in relation to — (i) a proceeding to be appointed as P ’s deputy under section 20(2)( b ) of the Mental Capacity Act 2008; or (ii) a proceeding to vary or amend an order made under section 20 of the Mental Capacity Act 2008, in relation to P . (2) Despite section 8, in considering an application by a professional deputy mentioned in subsection (1), the Director is to — ( a ) make inquiries under section 7( a ) as to the means and condition of P (instead of the professional deputy); and ( b ) consider under section 8(1)( a ) or (2)( b ) whether P satisfies the prescribed means criteria (instead of the professional deputy). (3) The Minister may exercise his or her powers under section 8(4)( b ) or (5) even though the Director is of the opinion that P does not satisfy or is not likely to satisfy the prescribed means criteria, and the reference in section 8(5) to the financial circumstances of an applicant is to be read as a reference to the financial circumstances of P . (4) The privileges mentioned in section 22(1) do not arise in relation to any information tendered to the Director concerning the property or income of P in relation to the professional deputy’s application for a Grant of Aid. (5) In this section, “professional deputy” means a person who — ( a ) is registered as a professional deputy under section 25A of the Mental Capacity Act 2008; or ( b ) meets such other criteria as may be prescribed. [Act 32 of 2024 wef 01/04/2025]


document_id: laaa-1995
provision_ref: s7
chapter: PART 2 - LEGAL AID IN CIVIL ACTIONS
section: 7
title: Power of Director to make inquiries
content:
7. Where an application is made for legal aid, the Director may — ( a ) make any inquiries that the Director thinks fit as to the means and condition of the applicant and as to the merits of the case; ( b ) require the applicant to furnish such information and such documents as the Director may require for the purpose of considering the application; ( c ) require the applicant to attend personally; ( d ) refer the application or any matter arising out of the application to any solicitor whose name is on the appropriate panel maintained pursuant to section 4 to investigate the facts and make a report on the application or to give any opinion on the application or on any question of law arising out of the application; ( e ) take or cause to be taken such steps as may be necessary to conserve the interests of the applicant pending determination of the application; and ( f ) defray expenses incidental to any of the matters referred to in paragraphs ( a ) to ( e ) out of any funds in the Director’s control which are available for the purpose.


document_id: laaa-1995
provision_ref: s8
chapter: PART 2 - LEGAL AID IN CIVIL ACTIONS
section: 8
title: Grant of Aid
content:
8. —(1) The Director may approve an application for legal aid, and issue a Grant of Aid to an applicant in connection with any proceedings, if — ( a ) the Director is of the opinion that the applicant satisfies the prescribed means criteria; and ( b ) either of the following applies: (i) in any case where those proceedings are prescribed proceedings or belong to a prescribed class of proceedings — the Director is of the opinion that the applicant has reasonable grounds for taking, defending, continuing or being a party to those proceedings; (ii) in any other case — a board (consisting of the Director and at least 2 solicitors on an appropriate panel of solicitors maintained under section 4) is of the opinion that the applicant has reasonable grounds for taking, defending, continuing or being a party to those proceedings. [50/2018] (2) Pending the determination of an application under subsection (1), the Director may despite that subsection approve an application for legal aid, and issue a Grant of Aid on a provisional basis to an applicant in connection with any proceedings, if the Director is of the opinion that the applicant — ( a ) requires legal aid as a matter of urgency; ( b ) is likely to satisfy the prescribed means criteria; and ( c ) is likely to have reasonable grounds for taking, defending, continuing or being a party to those proceedings. [50/2018] (3) The Director may refuse legal aid if it appears to the Director unreasonable that the applicant should receive it in the particular circumstances of the case. (4) Despite any provision of this Act (including any regulations made under this Act), the Minister may — ( a ) authorise the Director to issue a Grant of Aid to any person in connection with any proceedings, if the Minister is of the opinion that it is in the public interest that legal aid be granted to the person in that connection; and ( b ) direct the Director to approve an application for legal aid, and issue a Grant of Aid under subsection (1) or (2) to an applicant, even though the Director is of the opinion that the applicant does not satisfy, or is not likely to satisfy, the prescribed means criteria, if the Minister is of the opinion that it is just and proper that legal aid be granted to the applicant. [50/2018] (5) For the purposes of subsection (4)( b ), the Minister may authorise any person (including a panel of persons), with such qualifications and experience as the Minister considers appropriate in relation to assessing the financial circumstances of an applicant, to exercise the power under that subsection. [50/2018] (6) An authorisation under subsection (5) — ( a ) may be subject to such conditions and restrictions as the Minister may specify in writing; and ( b ) does not prevent the Minister from exercising the power under subsection (4)( b ). [50/2018] (7) Once an authorisation is made under subsection (5), the Minister must — ( a ) cause a copy of the authorisation to be given to the authorised person; and ( b ) without delay cause to be published a notice of the making and giving of the authorisation in the Gazette . [50/2018] 9. [ Repealed by Act 50 of 2018 ]


document_id: laaa-1995
provision_ref: s10
chapter: PART 2 - LEGAL AID IN CIVIL ACTIONS
section: 10
title: Cancellation of Grant of Aid
content:
10. —(1) The Director may, at any time and whether or not an application has been made for the purpose, cancel a Grant of Aid, and subject to subsection (2), the person to whom the Grant of Aid was issued ceases to be an aided person from the date of cancellation. [6/2013] (2) Where the Grant of Aid cancelled under subsection (1) has been filed with any court, the Director must file with the court a notification of the cancellation, and the person to whom the Grant of Aid was issued ceases to be an aided person from the date of filing of such notification. [6/2013] (3) Where a notification under subsection (2) is filed in a court in respect of any proceedings, the following apply unless the court (before which those proceedings are pending) orders otherwise: ( a ) all steps in those proceedings are stayed for a period of 14 days after the date on which the notification is filed; ( b ) during that period, the time fixed by or under any written law, for doing any act or taking any step in those proceedings, does not run. [50/2018] (4) The period mentioned in subsection (3)( a ) may be reduced or extended by an order of the court. [50/2018] (5) The Director must take such steps as seem to the Director reasonable or necessary to inform the person to whom a Grant of Aid has been issued of the cancellation of any such Grant of Aid. [6/2013]


document_id: laaa-1995
provision_ref: s11
chapter: PART 2 - LEGAL AID IN CIVIL ACTIONS
section: 11
title: Application for aid by more than one party
content:
11. —(1) If, in relation to any proceedings to which a person who has made an application for legal aid or an aided person is a party, any other party makes application for legal aid, the provisions of this Act are to apply to both such parties. (2) The Director must not himself or herself act for either party referred to in subsection (1) but must assign a solicitor to be selected by the Director from the appropriate panel of solicitors maintained pursuant to section 4, to act for each aided person. [6/2013]


document_id: laaa-1995
provision_ref: s12
chapter: PART 2 - LEGAL AID IN CIVIL ACTIONS
section: 12
title: Endorsement and filing of Grant of Aid
content:
12. —(1) Where a Grant of Aid is issued, the Director may act for the aided person or may select a solicitor from the appropriate panel of solicitors maintained under section 4 and assign that solicitor to act for the aided person. [6/2013] (2) A fresh Grant of Aid must be filed with the court in which any proceedings are taken or are pending in any case where — ( a ) a solicitor is assigned to act after a Grant of Aid has been filed with the court; or ( b ) a new assignment is made in place of a solicitor previously assigned. [6/2013] (3) Before taking any other step in the proceedings, the Director or the solicitor so assigned must file the Grant of Aid with the court in which the proceedings are to be taken or are pending and no fee is to be charged in respect of the filing of the Grant of Aid. [6/2013] (4) Where any Grant of Aid is so filed, the aided person — ( a ) is not liable in respect of any proceedings to which the Grant of Aid relates for court fees or for such fees payable for the service of process or for any fees due to the Sheriff or bailiff in connection with the execution of process; ( b ) is entitled to be supplied free of charge with a copy of the judge’s notes of evidence in any proceedings to which the Grant of Aid relates, and of any other document in connection with those proceedings as may be prescribed; ( c ) is not, except where express provision is made in this Act, liable for costs to any other party in any proceedings to which the Grant of Aid relates; and ( d ) is not liable to pay any deposit which would have been payable to the Official Assignee under the regulations made under section 449 of the Insolvency, Restructuring and Dissolution Act 2018, where legal aid has been granted to the aided person to commence bankruptcy proceedings against a debtor. [6/2013; 40/2018; 50/2018] (5) Subject to sections 13 and 22A, no person who, pursuant to any reference under this Act, makes any investigation or report or gives any opinion or who pursuant to any assignment under this Act conducts any proceedings may take or agree to take or seek from an aided person any fee, profit or reward (pecuniary or otherwise) in respect of the making of such investigation or report, the giving of such opinion, or the conduct of such proceedings. [50/2018] (6) To avoid doubt, the Director may take proceedings — ( a ) to enforce or give effect to any order or agreement for the recovery or preservation of property for the benefit of the aided person; or [Act 32 of 2024 wef 01/04/2025] ( b ) to enforce or give effect to any order or agreement for the payment of costs to an aided person in any proceedings to which an aided person is a party, ( c ) [ Deleted by Act 32 of 2024 wef 01/04/2025 ] and in such event — ( d ) no Grant of Aid is to be required in respect of the proceedings taken by the Director; and ( e ) subsection (4) is to apply to the proceedings taken by the Director as if the proceedings were taken by an aided person. [6/2013; 50/2018] [Act 32 of 2024 wef 01/04/2025]


document_id: laaa-1995
provision_ref: s13
chapter: PART 2 - LEGAL AID IN CIVIL ACTIONS
section: 13
title: Deposit in respect of out-of-pocket expenses
content:
13. —(1) The Director may require any applicant for legal aid or any person to whom a Grant of Aid is issued to deposit with the Director such amounts at such times as the Director may think fit to be used in or towards meeting out‑of‑pocket expenses (not including office expenses) incurred in connection with the application or with any proceedings to which the application or the Grant of Aid relates. [6/2013] (2) Any amount deposited under subsection (1) must be used only to pay — ( a ) firstly, the out‑of‑pocket expenses referred to in that subsection; and ( b ) after the payment of such out‑of‑pocket expenses, any outstanding contribution the applicant is required to pay under section 22A(1). [6/2013; 50/2018] (3) After the payments referred to in subsection (2)( a ) and ( b ) have been made, the balance of the amount deposited under subsection (1) (if any) must be refunded to the applicant or the aided person, as the case may be. [6/2013] (4) In any case where the Director is satisfied that the making of a deposit under subsection (1) would occasion hardship, the Director may, out of any funds in the Director’s control which are available for the purpose, from time to time, meet any out‑of‑pocket expenses (not including office expenses) or make such advances to meet such out‑of‑pocket expenses as the Director may consider necessary. (5) Any advance so made must be used only for payment of such out‑of‑pocket expenses and any part of such amount not so expended must be refunded to the Director. (6) Where the Director has made any advance out of the funds in the Director’s control to meet out‑of‑pocket expenses under subsection (4), the Director may require the applicant or the aided person (as the case may be) in respect of whom those expenses are incurred to repay to the Director any amount expended or advanced in any manner that the Director thinks fit. [6/2013]


document_id: laaa-1995
provision_ref: s14
chapter: PART 2 - LEGAL AID IN CIVIL ACTIONS
section: 14
title: Court may order payment of costs by aided person in certain event
content:
14. —(1) Where it appears to a court that any of the circumstances mentioned in subsection (3) exists in relation to an aided person, the court may order the aided person to pay the costs of all or any of the following persons: ( a ) the Director; ( b ) the solicitor who acted for the aided person; ( c ) the other party. [50/2018] (2) In subsection (1), a reference to an “aided person” includes, in any case where the Grant of Aid has been cancelled before the making of the order, the person who immediately before the cancellation was the aided person. [6/2013] (3) For the purposes of subsection (1), the circumstances are as follows: ( a ) the Grant of Aid issued to the aided person has been obtained by fraud or misrepresentation; ( b ) the aided person acted improperly in bringing or defending any legal proceedings, or in the conduct of those proceedings. [50/2018] (4) Where an order is made under subsection (1), the costs must be assessed as if the party ordered to pay costs were not an aided person. [50/2018] [Act 32 of 2024 wef 01/04/2025] (5) The costs so ordered to be paid must, unless otherwise directed by the order, include — ( a ) fees and charges of the nature referred to in section 12(4)( a ) and ( b ); and ( b ) any sums which, pursuant to section 13(3), were expended by the Director in meeting out-of-pocket expenses or were advanced by the Director for that purpose. (6) Where the costs of the Director or the solicitor who acted for the aided person ordered to be paid under subsection (1) include any of the fees, charges or sums referred to in subsection (5), then if any amount is recovered by the Director in respect of such costs, the same must be applied in the first instance in or towards the satisfaction of such fees, charges or sums. [50/2018]


document_id: laaa-1995
provision_ref: s15
chapter: PART 2 - LEGAL AID IN CIVIL ACTIONS
section: 15
title: Legal aid not to discontinue without leave
content:
15. —(1) An aided person must not without the leave of the Director discharge any solicitor assigned to act for the aided person under this Act. (2) Any solicitor assigned to act for an aided person must not discontinue the solicitor’s aid without the leave of the Director; except that any solicitor may be represented by any other solicitor.


document_id: laaa-1995
provision_ref: s16
chapter: PART 2 - LEGAL AID IN CIVIL ACTIONS
section: 16
title: Costs
content:
16. —(1) Where an aided person is entitled to costs in any proceedings to which the aided person is a party — ( a ) the court must make, in favour of the aided person, such order for costs as the court would have made in favour of a person who is not an aided person; and ( b ) where costs follow the event, the aided person is entitled to the same costs as a person who is not an aided person. [50/2018] (2) Subsection (1) does not apply to any costs against another aided person. [50/2018] (3) Where any moneys are recovered by an aided person (whether in proceedings or by virtue of a settlement or compromise), the aided person is liable to pay to the Director so much of the moneys so recovered as is recovered in respect of costs. (4) For the purposes of subsection (3), the moneys recovered in respect of costs are deemed to be so much of the total amount so recovered as exceeds the amount (if any) recoverable by the aided person otherwise than as costs. (5) Without limiting subsections (1), (2), (3) and (4), “costs” includes — ( a ) counsel’s fees, whether or not the same have been paid; ( b ) fees and charges of the nature referred to in section 12(4)( a ) and ( b ); and ( c ) any sums which, pursuant to section 13(3), are expended by the Director in meeting out‑of‑pocket expenses or are advanced by the Director for that purpose. [50/2018] (6) Where the costs recovered by the Director under this section include any of the fees, charges or sums referred to in subsection (5)( b ) and ( c ), such costs must be applied, in the first instance, in and towards satisfaction of such fees, charges or sums. (7) The Director may, in the Director’s discretion and in accordance with any regulations made under this Act, reduce any costs, or waive or refund the whole or any part of any costs, that a person is liable to pay to the Director under subsection (3). [Act 32 of 2024 wef 01/04/2025]


document_id: laaa-1995
provision_ref: s17
chapter: PART 2 - LEGAL AID IN CIVIL ACTIONS
section: 17
title: Stay of proceedings upon making of application for legal aid
content:
17. —(1) Where proceedings have been commenced and any party makes an application for legal aid, the Director must, as soon as practicable after the application is made, notify the other party or each of the other parties, and file with the court in which the proceedings are pending, a notification of the making of the application; and no fee is to be payable in respect of the filing of the notification. [6/2013; 50/2018] (2) Where a notification under subsection (1) is filed in respect of any proceedings, the following apply unless the court (before which those proceedings are pending) orders otherwise: ( a ) all steps in those proceedings are stayed for a period of 14 days after the date on which the notification is filed; ( b ) during that period, the time fixed by or under any written law, for doing any act or taking any step in those proceedings, does not run. [50/2018] (3) Despite subsection (2), the filing of the notification under subsection (1) does not prevent any of the following: ( a ) the making of an interlocutory order for an injunction, or for the appointment of a receiver, a manager or a receiver and manager; ( b ) the making of an order to prevent the lapse of a caveat against dealings with land; ( c ) the making of any other order which, in the opinion of the court, is necessary to prevent an irremediable injustice; ( d ) the institution or continuance of proceedings to obtain, enforce or otherwise carry into effect an order mentioned in paragraph ( a ), ( b ) or ( c ), unless the court orders otherwise. [50/2018] (4) The period mentioned in subsection (2)( a ) may be reduced or extended by an order of the court. [50/2018]


document_id: laaa-1995
provision_ref: s18
chapter: PART 2 - LEGAL AID IN CIVIL ACTIONS
section: 18
title: Appeal by aided persons
content:
18. —(1) Where — ( a ) a Grant of Aid has been filed in any court, and the proceedings to which the Grant of Aid relates have been heard in that court; and ( b ) the aided person desires to prosecute any appeal from the proceedings, the aided person must make a fresh application for legal aid to the Director in respect of that matter within the prescribed time, and the conditions for the issue of the Grant of Aid set out in section 8 are to apply. [6/2013; 50/2018] (2) Despite subsection (1), the Director may consider a fresh application for legal aid that is made outside the prescribed time mentioned in that subsection, if — ( a ) the aided person filed a notice of appeal in respect of the proceedings mentioned in that subsection before making that application; or ( b ) the Director is of the opinion that there are extenuating circumstances for not making that application by that prescribed time. [50/2018] (3) Subsection (1) does not apply to an appeal in respect of any interlocutory matter in any proceedings to which a Grant of Aid relates. [6/2013; 50/2018]


document_id: laaa-1995
provision_ref: s19
chapter: PART 2 - LEGAL AID IN CIVIL ACTIONS
section: 19
title: Rules regulating practice and procedure of court
content:
19. Where it is necessary or convenient to do so for carrying out or giving effect to this Act or any regulations made under this Act — ( a ) the Rules Committee constituted under section 80(3) of the Supreme Court of Judicature Act 1969 may make under section 80 of that Act rules regulating the practice and procedure of any of the following courts in which proceedings may be taken by an aided person: (i) the Court of Appeal; (ii) the General and Appellate Divisions of the High Court (other than the Family Division of the High Court); (iii) any District Court; (iv) any Magistrate’s Court; and ( b ) the Family Justice Rules Committee constituted under section 46(1) of the Family Justice Act 2014 may make under section 46 of that Act rules regulating the practice and procedure of any of the following courts in which proceedings may be taken by an aided person: (i) the Family Division of the High Court; (ii) any Family Court; (iii) any Youth Court. [27/2014; 40/2019]


document_id: laaa-1995
provision_ref: s20
chapter: PART 3 - LEGAL ADVICE
section: 20
title: Right to and nature of legal advice
content:
20. —(1) Subject to this Part, legal advice is available to persons resident and present in Singapore. (2) Any legal advice under subsection (1) may consist of any of the following: ( a ) oral advice, by the Director or a solicitor whose name is on an appropriate panel of solicitors maintained under section 4, on any matter that may result in any proceedings for which legal aid may be given; ( b ) advice and assistance in preparing legal documents for purposes that are not related to any proceedings for which legal aid may be given; ( c ) any other matter that may be prescribed, but does not include any advice, assistance or other matter in respect of any law that is not the law of Singapore. [50/2018] (3) Provision may be made by regulations made under this Act for further defining or restricting the matters for which legal advice may be given and for regulating all matters relating to fees, charges and costs in relation to the giving of legal advice. [50/2018] (4) A person seeking legal advice must apply to the Director, and must satisfy the Director that the person cannot afford to obtain the legal advice in the ordinary way. [16/2016] (5) Where a person who desires to be given legal advice is a minor, the application must be made on behalf of the minor by the minor’s guardian. [6/2013]


document_id: laaa-1995
provision_ref: s21
chapter: PART 4 - SUPPLEMENTARY
section: 21
title: False or misleading statements, etc.
content:
21. If at any time a person seeking or receiving legal aid or legal advice — ( a ) knowingly makes any false or misleading statement or representation in the person’s application for legal aid or legal advice; ( b ) fails to make full and frank disclosure of the person’s means; or ( c ) fails to inform the Director of any changes to the person’s means or circumstances which may render the person ineligible for legal aid, the person shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both. [6/2013]


document_id: laaa-1995
provision_ref: s22
chapter: PART 4 - SUPPLEMENTARY
section: 22
title: Privileges attaching to certain relationships
content:
22. —(1) The like privileges and rights as those which arise from the relationship of client and solicitor acting in the solicitor’s professional employment are to arise from the following relationships: ( a ) the relationship between an applicant for legal aid and the Director and the solicitor (if any) to whom the application is referred; ( b ) the relationship between an aided person and the Director and the solicitor (if any) assigned to act for the aided person in any proceedings to which a Grant of Aid relates; ( c ) the relationship between a person seeking legal advice and the Director and the solicitor (if any) who gives the advice. [6/2013] (2) Despite anything in subsection (1), the privileges mentioned in that subsection are not to arise in relation to any information tendered to the Director concerning the property or income of the applicant for a Grant of Aid. [6/2013] (3) Unless this Act or any regulations made under this Act otherwise provide, the rights conferred by this Act on a person receiving legal aid or advice (as the case may be) are not to affect the rights or liabilities of other parties to the proceedings or the principles on which the discretion of any court is normally exercised. [6/2013]


document_id: laaa-1995
provision_ref: s22A
chapter: PART 4 - SUPPLEMENTARY
section: 22A
title: Contributions
content:
22A. —(1) The Director may require a person to make one or more contributions, in a lump sum or by instalments, in respect of any matter for which an application for legal aid or legal advice has been made by that person. [50/2018] (2) Where an application mentioned in subsection (1) is made on behalf of a minor by the minor’s guardian, a reference in subsection (1) to a person is a reference to — ( a ) in any case where the minor is unmarried and the guardian is a relative (within the meaning of section 6(5)) of the minor — both the guardian and the minor; and ( b ) in any other case — the minor only. [50/2018] (3) Unless the regulations made under this Act provide otherwise, any sum remaining unpaid on account of a person’s contribution in respect of any matter for which legal aid has been granted may be deducted from any property that is recovered or preserved for that person in the proceedings connected to the matter. [Act 32 of 2024 wef 01/04/2025] (4) For the purposes of subsection (3), a reference to any property recovered or preserved for a person in any proceedings includes a reference to both of the following: ( a ) the person’s rights under any settlement or compromise to avoid, or to end, those proceedings; ( b ) any sums recovered by the person as damages or costs under an order made in the person’s favour in those proceedings (other than any sums payable to the Director under section 14 or 16), but excludes a reference to any compensation paid or payable to the person under the Work Injury Compensation Act 2019 or the Work Injury Compensation Act (Cap. 354, 2009 Revised Edition) in those proceedings. [Act 32 of 2024 wef 01/04/2025] (5) Subsection (3) does not prevent a court from allowing any damages or costs mentioned in subsection (4)( b ) that are recovered by a person to be set off against any damages or costs awarded against that person, in any case where a solicitor’s lien for costs would not prevent the court from allowing that set off. [50/2018] [Act 32 of 2024 wef 01/04/2025] (6) The Director may, in the Director’s discretion, reduce any contribution, or waive or refund the whole or any part of any contribution, that a person is required to pay under subsection (1). [50/2018]


document_id: laaa-1995
provision_ref: s22B
chapter: PART 4 - SUPPLEMENTARY
section: 22B
title: Recovery as debt due to Government
content:
22B. —(1) The Director may take proceedings to recover the following as a debt due to the Government: ( a ) any money remaining unpaid that the aided person is liable to pay to the Director under section 13(6) or 16(3); ( b ) any contribution remaining unpaid that the aided person is required to make under section 22A(1). (2) Without affecting the Limitation Act 1959 and any other written law, the Director may take proceedings to recover any money or contribution under subsection (1) that was due before the date of commencement of section 7( k ) of the Statutes (Miscellaneous Amendments) (No. 2) Act 2024 and remains unpaid on or after that date. [Act 32 of 2024 wef 01/04/2025]


document_id: laaa-1995
provision_ref: s23
chapter: PART 4 - SUPPLEMENTARY
section: 23
title: Regulations
content:
23. —(1) The Minister may make regulations for prescribing all matters that this Act requires or permits to be prescribed, or that are necessary or expedient for carrying out or giving effect to this Act. [50/2018] (2) Without limiting subsection (1), the regulations may — ( a ) regulate all matters relating to fees, charges and costs in relation to proceedings to which an aided person is a party; ( b ) remit or provide for the remission of any fees or charges in any such proceedings; ( c ) prescribe fees for applications under this Act, and provide for the remission of any such fees; ( d ) make provision as to the cases in which a person may be refused legal aid or advice by reason of the person’s conduct when seeking or receiving legal aid or advice (whether in the same or related matter or in a different matter); ( e ) make provision as to the circumstances a Grant of Aid issued to a person may be cancelled; ( f ) make provision for the recovery of sums due in respect of legal aid and for making effective the charge created by this Act on property recovered or preserved for a person receiving legal aid, including provision — (i) for the enforcement of any order or agreement for costs made in favour of a person who has received legal aid; and (ii) for making a solicitor’s right to payment wholly or partly dependent on the solicitor’s performance of any duties imposed on the solicitor by regulations made for the purposes of this paragraph; ( g ) make any provision necessary to meet the special circumstances where — (i) a person is issued a Grant of Aid on a provisional basis; (ii) a person begins to receive legal aid after having consulted a solicitor in the ordinary way with respect to the same matter, or ceases to receive legal aid before the matter in question is finally settled; and (iii) there is any relevant change of circumstances while a person is receiving legal aid; ( h ) provide for the period when a Grant of Aid issued on a provisional basis is in force, and for matters relating to the lapse or extension of such Grant of Aid; and ( i ) provide for any forms to be used under this Act. [6/2013; 16/2016; 50/2018] (3) The regulations may apply generally to all legal matters, whether relating to proceedings in court or otherwise, or may apply to any specified class of matters or proceedings or to all matters or proceedings other than matters or proceedings of a specified class. (4) [ Deleted by Act 32 of 2024 wef 01/04/2025 ] (5) The regulations may impose a penalty not exceeding $2,000 for any breach of the regulations. (6) The powers conferred by this section do not extend to any matter for which Rules of Court or Family Justice Rules may be made under section 19. [50/2018] (7) All regulations made under this Act must be presented to Parliament as soon as possible after publication in the Gazette .


document_id: larpa-2023
provision_ref: s1
chapter: PART 1 - PRELIMINARY
section: 1
title: Short title and commencement
content:
1. This Act is the Lease Agreements for Retail Premises Act 2023 and comes into operation on a date that the Minister appoints by notification in the Gazette .


document_id: larpa-2023
provision_ref: s2
chapter: PART 1 - PRELIMINARY
section: 2
title: General interpretation
content:
2. —(1) In this Act — “adjudicator” means an adjudicator on the panel of adjudicators; “applicant”, in relation to a complaint of non‑compliance, means the party that files the complaint with an authorised dispute resolution body; “authorised dispute resolution body” means an authorised dispute resolution body authorised by the Minister under section 10(1); “Chairperson” means the Chairperson of the Committee appointed under section 3(1); “Code of Conduct” means the Code of Conduct for Leasing of Retail Premises in Singapore described in section 5(1); “Committee” means the Fair Tenancy Industry Committee established under section 3; “complaint of non-compliance” means a complaint of non‑compliance with a leasing principle described in section 9(1); “declaration of permitted deviation”, in relation to a lease agreement, means a joint declaration by the landlord and tenant of the qualifying lease to which the lease agreement relates, that the landlord and tenant have agreed on a permitted deviation in relation to that lease agreement; “disclosure”, in relation to any document or information, includes permitting access to the document or information; “landlord” means the person who grants or proposes to grant the right to occupy any retail premises under a lease; “law enforcement agency” means any authority or person charged with the duty of investigating offences or charging offenders under any written law; “lease” includes a licence, a sub-lease and a sub‑licence; “lease agreement” means the agreement between a landlord and a tenant for a qualifying lease; “leasing principles” means the leasing principles referred to as such in the Code of Conduct, providing for requirements and best practices for landlords and tenants in relation to qualifying leases; “mediator” means a mediator on the panel of mediators; “member” means a member of the Committee; “panel of adjudicators” means the panel of adjudicators maintained by an authorised dispute resolution body under section 10(2)( b ); “panel of mediators” means the panel of mediators maintained by an authorised dispute resolution body under section 10(2)( a ); “parties”, in relation to a complaint of non‑compliance, means the applicant and the respondent, and “party” means any one of those persons; “public authority” means — ( a ) any ministry, department or Organ of State of the Government, or a public officer of any ministry, department or Organ of State of the Government; or ( b ) a public authority established under any public Act for a public purpose or an officer or an employee of the public authority; “qualifying lease” means a lease for retail premises, or an extension or a renewal of such lease, where — ( a ) the agreement for the lease, extension or renewal (as the case may be) is signed on or after the date of commencement of Part 3; and ( b ) the period of the lease or the period of the extension or renewal (as the case may be) is or exceeds the period specified in the First Schedule, whether or not the lease, extension or renewal is expressed to be governed by the law of Singapore; “Regulations” means any regulations made under section 34; “respondent”, in relation to a complaint of non‑compliance, means the party against whom the complaint is filed with an authorised dispute resolution body; “retail premises” means any premises in Singapore specified in the Second Schedule; “secretariat” means the secretariat to the Committee appointed by the Minister under section 4(2); “tenant” means the person who has the right to occupy any retail premises under a lease. (2) In this Act, where a leasing principle — ( a ) makes it mandatory for any matter to be included in a lease agreement; but ( b ) permits the matter to be not so included if the landlord and tenant to the lease agreement agree to the same, the matter that is not so included in the lease agreement with the agreement of the landlord and tenant, is referred to as a permitted deviation. (3) In this Act, where a leasing principle — ( a ) makes it mandatory for any matter not to be included in a lease agreement; but ( b ) permits the matter to be so included if the landlord and tenant to the lease agreement agree to the same, the matter that is so included in the lease agreement with the agreement of the landlord and tenant, is referred to as a permitted deviation. (4) In this Act, there is non-compliance with a leasing principle if the leasing principle is one to which section 6(1) applies and any of the following occurs: ( a ) where the leasing principle makes it mandatory for any matter to be included in a lease agreement — the matter is not included in the lease agreement, unless the matter not so included is a permitted deviation; ( b ) where the leasing principle makes it mandatory for any matter not to be included in a lease agreement — the matter is included in the lease agreement, unless the matter so included is a permitted deviation; ( c ) where the leasing principle makes it mandatory for any matter to be included in the lease agreement and the matter is included in the lease agreement — the matter is not complied with; ( d ) where any matter included in the lease agreement is a permitted deviation or is treated as a term of the lease agreement under section 6(4)( b ), 23(5)( b ) or 24(5)( b ) — the matter is not complied with. (5) Where any lease is extended or renewed (whether or not by virtue of the exercise of an option to renew in the original lease), each extension or renewal is treated for the purposes of this Act as if it were in and of itself a separate lease, and a reference in this Act to the signing of a lease agreement is to the signing of the agreement or option for the extension or renewal of the lease by the person or persons required to sign the same.


document_id: larpa-2023
provision_ref: s3
chapter: PART 2 - FAIR TENANCY INDUSTRY COMMITTEE
section: 3
title: Appointment of Fair Tenancy Industry Committee
content:
3. —(1) The Minister may appoint a Fair Tenancy Industry Committee comprising — ( a ) a Chairperson; and ( b ) any other members that the Minister may determine. (2) The members must comprise — ( a ) individuals who in the Minister’s view represent the interests of landlords of retail premises; ( b ) individuals who in the Minister’s view represent the interests of tenants of retail premises; and ( c ) individuals who in the Minister’s view have expertise relevant to the functions of the Committee. (3) Each member may be appointed for a term not exceeding 2 years, and may be re‑appointed. (4) The Minister may revoke the appointment of any member before the expiry of the member’s term. (5) A member may resign from the Committee by written notice to the Minister. (6) Decisions of the Committee are made by the Chairperson after consulting with all other members of the Committee.


document_id: larpa-2023
provision_ref: s4
chapter: PART 2 - FAIR TENANCY INDUSTRY COMMITTEE
section: 4
title: Functions of Committee
content:
4. —(1) The Committee has the following functions: ( a ) to review and, with the Minister’s approval, modify the Code of Conduct from time to time; ( b ) to monitor and promote compliance by landlords and tenants with this Act and the Code of Conduct; ( c ) to establish the process for the submission to the Committee of, and maintaining a register for, declarations of permitted deviations; ( d ) to gather feedback on matters relating to the leasing of retail premises; ( e ) to conduct outreach and education relating to this Act and the Code of Conduct and matters relating to the leasing of retail premises. (2) The Minister may appoint a secretariat to the Committee, to provide the Committee with any assistance that the Committee requires in carrying out its functions, including the keeping of proper accounts for, and records of, the funds for the Committee.


document_id: larpa-2023
provision_ref: s5
chapter: PART 3 - CODE OF CONDUCT
section: 5
title: Code of Conduct
content:
5. —(1) For the purposes of this Act, the Code of Conduct is the Code of Conduct for Leasing of Retail Premises in Singapore (first issued by the Fair Tenancy Pro Tem Committee on 26 March 2021 and subsequently modified by that Committee), as may be modified from time to time under subsection (3), setting out leasing and negotiating principles to ensure fair and balanced bargaining positions between landlords and tenants in the negotiation of qualifying leases. (2) The Committee must publish the Code of Conduct in any manner that will secure adequate publicity of the Code of Conduct to landlords and tenants of retail premises. (3) Where the Committee proposes to modify the Code of Conduct, the Committee must — ( a ) obtain the Minister’s approval for the modification; and ( b ) on obtaining the Minister’s approval, publish the Code of Conduct (as so modified) in accordance with subsection (2) at least 30 days before the Code of Conduct (as so modified) is to take effect, specifying — (i) the modifications so approved; and (ii) the date from and including which the Code of Conduct (as so modified) is to take effect. (4) The Committee must also publish the following information in any manner that will secure its adequate publicity: ( a ) that the latest version of the Code of Conduct, and all other versions of the Code of Conduct having effect at any time in at least the preceding 5 years before the date of first publication of the latest version of the Code of Conduct, are available for inspection without charge at the premises of the secretariat, during the normal office hours of the secretariat; ( b ) if the Code of Conduct is available in any other way, the details of where or how it can be so accessed or obtained. (5) To avoid doubt, nothing in this section requires the Code of Conduct or any modification thereto to be published in the Gazette . (6) The Committee must maintain such versions of the Code of Conduct as are necessary for the purpose of an inspection mentioned in subsection (4)( a ), and for the purpose of being accessed or obtained under subsection (4)( b ).


document_id: larpa-2023
provision_ref: s6
chapter: PART 3 - CODE OF CONDUCT
section: 6
title: Compliance with leasing principles in Code of Conduct
content:
6. —(1) The landlord and the tenant of a qualifying lease must ensure that the lease agreement for that qualifying lease complies with the leasing principles in force at the time the lease agreement is signed by the landlord and the tenant. (2) Where there is a permitted deviation in the lease agreement, the landlord must, if required by the leasing principle in question, submit to the Committee a declaration of permitted deviation for the permitted deviation. (3) The declaration of permitted deviation must be — ( a ) submitted within the period prescribed by the Regulations; and ( b ) accompanied by any fee or charge prescribed by the Regulations or (if none is prescribed) specified by the Committee for the submission, payable to the secretariat. (4) Where the landlord fails to comply with subsection (2) or (3) — ( a ) the permitted deviation is void (but not if the permitted deviation relates to a rental formula); and ( b ) if the leasing principle provides for any consequence in the event of the landlord’s failure, then that consequence may be enforced as if it were a term of the lease agreement. (5) To avoid doubt, a leasing principle must not provide for any matter, including compensation, that is inconsistent with the requirements of any written law or rule of law, and subsection (1) does not apply in relation to a leasing principle that contravenes this subsection. (6) Part 4 applies in relation to a qualifying lease, despite anything in the lease agreement.


document_id: larpa-2023
provision_ref: s7
chapter: PART 3 - CODE OF CONDUCT
section: 7
title: Register of declarations of permitted deviations
content:
7. The Committee must maintain — ( a ) a register of declarations of permitted deviations submitted to it under this Act; and ( b ) the record of a declaration of permitted deviation in the register for at least 5 years after the submission of the declaration of permitted deviation to the Committee.


document_id: larpa-2023
provision_ref: s8
chapter: PART 3 - CODE OF CONDUCT
section: 8
title:
Restrictions on disclosure of information concerning or contained in declarations of permitted deviations

content:
8. The Committee and the secretariat must not disclose any information concerning or contained in a declaration of permitted deviation for any qualifying lease to any other person, except — ( a ) with the consent of the persons to whom the information relates; ( b ) to the extent the information has already been made available to the public at the time of its disclosure, other than information that is only in the public domain due to an unlawful disclosure; ( c ) to the extent the information is not disclosed in a form that could reasonably be expected to identify any particular person; ( d ) for the purpose of seeking legal advice; ( e ) to the extent that the disclosure is necessary for the purposes of, or in connection with — (i) any proceeding before a mediator or an adjudicator; (ii) the enforcement or disputing of any settlement agreement mentioned in section 23 or 24 or any determination of an adjudicator mentioned in section 14 or 25; or (iii) any proceeding before a court or an arbitral tribunal or any other dispute resolution proceeding; ( f ) to the extent the disclosure is required by an order of court, or required or authorised by or under any written law; ( g ) to the extent the disclosure is made in compliance with a request or requirement imposed by a public authority and is necessary to enable the public authority to perform its duties or discharge its functions; ( h ) to the extent the disclosure is made to assist a law enforcement agency in the investigation of any offence under any written law; ( i ) to the extent the information relates to the commission of any offence under any written law or was given in furtherance of any illegal purpose; or ( j ) to the extent that the disclosure is required or permitted for any purpose under this Act.


document_id: larpa-2023
provision_ref: s9
chapter: PART 4 - DISPUTE RESOLUTION
section: 9
title: Complaints of non-compliance
content:
9. —(1) A landlord or a tenant under a qualifying lease may file with an authorised dispute resolution body a complaint that there has been a non‑compliance with a leasing principle in relation to their lease agreement. (2) The complaint of non-compliance must — ( a ) be filed with an authorised dispute resolution body within the period, and in the form and manner, specified by the authorised dispute resolution body in its rules and procedures under section 10(2)( c ); ( b ) be accompanied by any application fee that may be determined by the authorised dispute resolution body in its rules and procedures under section 10(2)( c ); and ( c ) contain or be accompanied by — (i) any information or documents that may be specified by the authorised dispute resolution body in its rules and procedures under section 10(2)( c ); and (ii) any other information or documents that the applicant may consider to be relevant to the complaint of non‑compliance. (3) A party that has filed a complaint of non‑compliance must notify the respondent of the complaint of non‑compliance within the period, and in the form and manner, specified by the authorised dispute resolution body in its rules and procedures under section 10(2)( c ). (4) The requirements in subsections (2) and (3) are subject to any provision to the contrary in the Regulations. Division 2 &#x2014; Authorised dispute resolution bodies, mediators,
adjudicators, and mediation and adjudication proceedings


document_id: larpa-2023
provision_ref: s10
chapter: PART 4 - DISPUTE RESOLUTION
section: 10
title: Authorised dispute resolution body, etc.
content:
10. —(1) The Minister may — ( a ) authorise any person to be an authorised dispute resolution body for the purposes of this Part, subject to any terms and conditions that the Minister thinks fit; and ( b ) withdraw any such authorisation. (2) An authorised dispute resolution body must — ( a ) maintain a panel of mediators for the purposes of this Part; ( b ) maintain a panel of adjudicators for the purposes of this Part; ( c ) maintain rules and procedures (not inconsistent with this Act or any other written law) for mediations and adjudications under this Act, including in relation to a notification under section 9(3) and the response, reply and other documents to be filed subsequent to a complaint of non‑compliance; ( d ) provide administrative support to facilitate the conduct of such mediations and adjudications; ( e ) establish a schedule of fees payable to the authorised dispute resolution body for mediation and adjudication services provided under or by virtue of this Act, including mediators’ and adjudicators’ fees, and the persons by whom the fees are to be borne or shared in any proportion; ( f ) abide by any Regulations; and ( g ) undertake any other functions or duties that may be imposed under this Act or as may be directed by the Minister. (3) Despite the schedule of fees established under subsection (2)( e ), the fees payable to the authorised dispute resolution body for mediation and adjudication services provided under or by virtue of this Act are subject to any amounts prescribed by the Regulations. (4) An individual may be on both the panel of mediators and the panel of adjudicators, but the individual must, in relation to any complaint of non‑compliance, only be appointed to act either as a mediator or as an adjudicator, and not as both.


document_id: larpa-2023
provision_ref: s11
chapter: PART 4 - DISPUTE RESOLUTION
section: 11
title: Reference of complaint of non-compliance to mediator
content:
11. —(1) On receipt of a complaint of non‑compliance, the authorised dispute resolution body must appoint a mediator from its panel of mediators — ( a ) to mediate between the parties; and ( b ) to assist the parties to settle the dispute or disputes that is or are the subject of the complaint, including any variation to the lease agreement agreed by the parties. (2) A mediator must, in mediating any dispute that is the subject of a complaint of non‑compliance — ( a ) act independently, impartially and in a timely manner; and ( b ) avoid incurring unnecessary expense.


document_id: larpa-2023
provision_ref: s12
chapter: PART 4 - DISPUTE RESOLUTION
section: 12
title: Reference of complaint of non-compliance to adjudicator
content:
12. —(1) If the mediation under section 11 does not result in a settlement agreement between the parties on a dispute, the party that filed the complaint of non‑compliance may apply to the authorised dispute resolution body for an adjudicator from its panel of adjudicators to be appointed to hear and determine the dispute, and the authorised dispute resolution body must so appoint an adjudicator. (2) The application under subsection (1) must be made within the period prescribed by the Regulations or (if none is prescribed) specified by the authorised dispute resolution body in its rules and procedures under section 10(2)( c ). (3) An adjudicator must, in hearing and determining any dispute that is the subject of a complaint of non‑compliance — ( a ) act independently, impartially and in a timely manner; ( b ) avoid incurring unnecessary expense; and ( c ) comply with the principles of natural justice.


document_id: larpa-2023
provision_ref: s13
chapter: PART 4 - DISPUTE RESOLUTION
section: 13
title: Stay of court proceedings
content:
13. —(1) Where there are any proceedings before a court in respect of any matter which is the subject of a complaint of non‑compliance, any party may apply to that court to stay the proceedings so far as the proceedings relate to that matter. (2) The court hearing the application may make an order, on any terms or conditions that the court thinks fit, staying the proceedings so far as the proceedings relate to that matter. (3) The court may, in making an order under subsection (2), make any interim or supplementary orders that the court thinks fit for the purpose of preserving the rights of the parties. (4) For the purposes of this section, a reference to a party includes a reference to any person claiming through or under a party. (5) To avoid doubt, this section applies whether the proceedings before the court were commenced before the filing of the complaint of non‑compliance or during the course of any mediation or adjudication conducted following the filing of the complaint of non‑compliance.


document_id: larpa-2023
provision_ref: s14
chapter: PART 4 - DISPUTE RESOLUTION
section: 14
title: Fees of adjudication proceedings
content:
14. Where any provision in the schedule of fees mentioned in section 10(2)( e ) requires a party ( A ) to pay any fees to the authorised dispute resolution body, an adjudicator may determine that another party ( B ) must pay to A an amount representing some or all of the fees, if the adjudicator is satisfied that — ( a ) the fees relating to the adjudication are occasioned by any frivolous or vexatious conduct of, or unfounded submissions by, B ; or ( b ) it is fair in all the circumstances of the case to so decide.


document_id: larpa-2023
provision_ref: s15
chapter: PART 4 - DISPUTE RESOLUTION
section: 15
title: Protection from liability for mediators, adjudicators and authorised dispute resolution bodies
content:
15. —(1) No liability shall lie against a mediator or an adjudicator with respect to anything done or omitted to be done in good faith in the discharge or purported discharge of the mediator’s or adjudicator’s functions or duties under this Act. (2) No liability shall lie against an authorised dispute resolution body or any person acting under the direction of an authorised dispute resolution body — ( a ) with respect to anything done or omitted to be done in good faith in the discharge or purported discharge of the authorised dispute resolution body’s function of appointing mediators and adjudicators under this Act; and ( b ) with respect to anything done or omitted to be done in good faith and with reasonable care in the discharge or purported discharge of any other functions or duties of the authorised dispute resolution body under this Act. (3) No liability shall lie against an authorised dispute resolution body for anything done or omitted to be done by an individual appointed by the authorised dispute resolution body under this Act as a mediator or an adjudicator, in the discharge or purported discharge of the individual’s functions or duties as such, by reason only of the authorised dispute resolution body having appointed the individual as such. Division 3 &#x2014; Confidentiality Subdivision (1) &#x2014; General


document_id: larpa-2023
provision_ref: s16
chapter: PART 4 - DISPUTE RESOLUTION
section: 16
title: Interpretation of this Division and application
content:
16. —(1) In this Division — “adjudication communication”, in relation to an adjudication, means — ( a ) anything said or done; ( b ) any document prepared; or ( c ) any information provided, for the purposes of or in the course of an adjudication, including a settlement agreement entered into in the course of the adjudication; “mediation communication”, in relation to a mediation, means — ( a ) anything said or done; ( b ) any document prepared; or ( c ) any information provided, for the purposes of or in the course of a mediation, including a settlement agreement resulting from the mediation; “third party” — ( a ) in relation to a mediation, means any person who — (i) is not a party to the mediation; (ii) is not a mediator for the mediation; and (iii) is not the authorised dispute resolution body that appointed any mediator for the mediation; and ( b ) in relation to an adjudication, means any person who — (i) is not a party to the adjudication; (ii) is not an adjudicator for the adjudication; and (iii) is not the authorised dispute resolution body that appointed any adjudicator for the adjudication. (2) Nothing in this Division prevents an authorised dispute resolution body from providing the Committee or a public authority with the following information: ( a ) the number of complaints of non-compliance received by the authorised dispute resolution body in any given period; ( b ) the number or percentage of those complaints lodged by landlords, and by tenants; ( c ) the number or percentage of those complaints resolved through mediation; ( d ) the number or percentage of those complaints that proceeded to adjudication; ( e ) the number or percentage of those complaints for which a determination was issued by an adjudicator; ( f ) without affecting paragraph ( g ), the nature of the disputes raised in those complaints, provided in a way that will not identify any party; ( g ) where, in relation to a complaint of non‑compliance, an adjudication determination has been made under section 25(4) that any leasing principle has not been complied with, the fact that the determination has been made, the names of the parties and the nature of the non‑compliance. Subdivision (2) &#x2014; Mediation communications


document_id: larpa-2023
provision_ref: s17
chapter: PART 4 - DISPUTE RESOLUTION
section: 17
title: Restrictions on disclosure of mediation communication
content:
17. —(1) Subject to section 18, a person must not disclose any mediation communication to a third party to the mediation. (2) Without affecting subsection (1), where a complaint of non‑compliance that has been referred to a mediator under section 11 is then referred to an adjudicator under section 12, the mediator must not disclose to the adjudicator any mediation communication or any other thing concerning the mediation or any dispute that is the subject of the complaint of non‑compliance. (3) Subsection (1) does not apply to any part of a settlement agreement resulting from a mediation that takes effect as a variation of a lease agreement under section 23(2). (4) Where a mediation communication also becomes an adjudication communication (pursuant to section 18(1) or (2)), this Subdivision ceases to apply to the communication.


document_id: larpa-2023
provision_ref: s18
chapter: PART 4 - DISPUTE RESOLUTION
section: 18
title: Permitted disclosures of mediation communication
content:
18. —(1) Despite section 17(1) but subject to section 17(2), a person may disclose a mediation communication to a third party to the mediation if — ( a ) the disclosure is made with the consent of — (i) all the parties to the mediation; and (ii) for a mediation communication that is made by a person other than a party to the mediation, the maker of the mediation communication; ( b ) the content of the mediation communication is information that has already been made available to the public at the time of its disclosure, other than information that is only in the public domain due to an unlawful disclosure; ( c ) the disclosure is made for research, evaluation or educational purposes without revealing, or being likely to reveal, whether directly or indirectly, the identity of the maker of the mediation communication or any person to whom the mediation communication relates; ( d ) the disclosure is made for the purpose of seeking legal advice; ( e ) the disclosure is required by an order of court, or required or authorised by or under any written law; ( f ) the disclosure is in compliance with a request or requirement imposed by a public authority and is necessary to enable the public authority to perform its duties or discharge its functions; ( g ) the disclosure is made to assist a law enforcement agency in the investigation of any offence under any written law; or ( h ) the mediation communication relates to the commission of any offence under any written law or was made in furtherance of any illegal purpose. (2) Despite subsection (1), a person may, with the permission of a court or an arbitral tribunal under section 20, disclose a mediation communication to a third party to the mediation — ( a ) for the purpose of enforcing or disputing a settlement agreement resulting from the mediation; ( b ) for the purpose of establishing or disputing an allegation or a complaint of professional misconduct against a mediator or any other person who participated in the mediation in a professional capacity; ( c ) for the purpose of discovery or other similar procedures in any court proceedings or arbitral proceedings (as the case may be) which have been instituted for the production of documents, where the person who is a party to those proceedings is required to produce documents in the person’s possession or control; or ( d ) for any other purpose that the court or arbitral tribunal (as the case may be) considers justifiable in the circumstances of the case.


document_id: larpa-2023
provision_ref: s19
chapter: PART 4 - DISPUTE RESOLUTION
section: 19
title: Admissibility in evidence of mediation communication
content:
19. A mediation communication is not to be admitted in evidence in any court, arbitral or disciplinary proceedings except with the permission of a court or an arbitral tribunal under section 20.


document_id: larpa-2023
provision_ref: s20
chapter: PART 4 - DISPUTE RESOLUTION
section: 20
title:
Permission of court or arbitral tribunal for disclosure or admission in evidence of mediation communication

content:
20. —(1) A court or an arbitral tribunal may, on application by any person, grant permission for a mediation communication to be disclosed under section 18(2) or admitted in evidence under section 19. (2) For the purposes of subsection (1), the court or arbitral tribunal (as the case may be) must take into account all of the following matters in deciding whether to grant permission: ( a ) whether the mediation communication may be or has been disclosed under section 18(1); ( b ) whether it is in the public interest or the interests of the administration of justice for the mediation communication to be disclosed or admitted in evidence; ( c ) any other circumstances or matters that the court or arbitral tribunal (as the case may be) considers relevant. (3) Where the mediation communication is sought to be disclosed or admitted in evidence in proceedings — ( a ) before a court — the application must be made to the court before which the proceedings are heard; ( b ) before an arbitral tribunal — the application must be made to the arbitral tribunal before which the proceedings are heard; and ( c ) in any other case — the application must be made to the General Division of the High Court. Subdivision (3) &#x2014; Adjudication communications


document_id: larpa-2023
provision_ref: s21
chapter: PART 4 - DISPUTE RESOLUTION
section: 21
title: Restrictions on disclosure of adjudication communication
content:
21. —(1) Subject to section 22, a person must not disclose any adjudication communication to a third party to the adjudication. (2) Subsection (1) does not apply to any part of a settlement agreement entered into in the course of an adjudication that takes effect as a variation of a lease agreement under section 24(2).


document_id: larpa-2023
provision_ref: s22
chapter: PART 4 - DISPUTE RESOLUTION
section: 22
title: Permitted disclosures of adjudication communication
content:
22. Despite section 21(1), a person may disclose an adjudication communication to a third party to the adjudication — ( a ) if the disclosure is made with the consent of — (i) all the parties to the adjudication; and (ii) for an adjudication communication that is made by a person other than a party to the adjudication, the maker of the adjudication communication; ( b ) if the content of the adjudication communication is information that has already been made available to the public at the time of its disclosure, other than information that is only in the public domain due to an unlawful disclosure; ( c ) if the disclosure is made for research, evaluation or educational purposes without revealing, or being likely to reveal, whether directly or indirectly, the identity of the maker of the adjudication communication or any person to whom the adjudication communication relates; ( d ) if the disclosure is made for the purpose of seeking legal advice; ( e ) if the disclosure is required by an order of court, or required or authorised by or under any written law; ( f ) if the disclosure is in compliance with a request or requirement imposed by a public authority and is necessary to enable the public authority to perform its duties or discharge its functions; ( g ) if the disclosure is made to assist a law enforcement agency in the investigation of any offence under any written law; ( h ) if the adjudication communication relates to the commission of any offence under any written law or was made in furtherance of any illegal purpose; ( i ) to the extent that the disclosure is necessary for the purposes of, or in connection with, the adjudication, the enforcement of any determination of an adjudicator mentioned in section 14 or 25(4), or any proceeding before a court or an arbitral tribunal or any other dispute resolution proceeding; ( j ) for the purpose of establishing or disputing an allegation or a complaint of professional misconduct against an adjudicator or any other person who participated in the adjudication in a professional capacity; or ( k ) for the purpose of discovery or other similar procedures in any court proceedings or arbitral proceedings (as the case may be) which have been instituted for the production of documents, where the person who is a party to those proceedings is required to produce documents in the person’s possession or control. Division 4 &#x2014; Mediated and adjudicated outcomes,
and enforcement


document_id: larpa-2023
provision_ref: s23
chapter: PART 4 - DISPUTE RESOLUTION
section: 23
title: Settlement agreements in mediation
content:
23. —(1) The parties must set out their settlement of any dispute resulting from mediation, in a settlement agreement in writing. (2) Where, by any part of the settlement agreement, the parties have agreed to vary the lease agreement that was the subject of the mediation, that part of the settlement agreement takes effect as a variation of the lease agreement. (3) Where any part of the lease agreement as varied in accordance with subsection (2) includes any permitted deviation, the landlord must, if required by the leasing principle in question, submit to the Committee a declaration of permitted deviation for the permitted deviation. (4) The declaration of permitted deviation must — ( a ) be submitted within the period prescribed by the Regulations; and ( b ) be accompanied by any fee or charge prescribed by the Regulations or (if none is prescribed) specified by the Committee for the submission, payable to the secretariat. (5) Where the landlord fails to comply with subsection (3) or (4) — ( a ) the permitted deviation is void (but not if the permitted deviation relates to a rental formula); and ( b ) if the leasing principle provides for any consequence in the event of the landlord’s failure, then that consequence may be enforced as if it were a term of the lease agreement.


document_id: larpa-2023
provision_ref: s24
chapter: PART 4 - DISPUTE RESOLUTION
section: 24
title: Settlement agreements in adjudication
content:
24. —(1) At any time before an adjudicator determines any dispute, the parties may settle the dispute, and set out their settlement in a settlement agreement in writing. (2) Where, by any part of the settlement agreement, the parties have agreed to vary the lease agreement that was the subject of the adjudication, that part of the settlement agreement takes effect as a variation of the lease agreement. (3) Where any part of the lease agreement as varied in accordance with subsection (2) includes any permitted deviation, the landlord must, if required by the leasing principle in question, submit to the Committee a declaration of permitted deviation for the permitted deviation. (4) The declaration of permitted deviation must — ( a ) be submitted within the period prescribed by the Regulations; and ( b ) be accompanied by any fee or charge prescribed by the Regulations or (if none is prescribed) specified by the Committee for the submission, payable to the secretariat. (5) Where the landlord fails to comply with subsection (3) or (4) — ( a ) the permitted deviation is void (but not if the permitted deviation relates to a rental formula); and ( b ) if the leasing principle provides for any consequence in the event of the landlord’s failure, then that consequence may be enforced as if it were a term of the lease agreement.


document_id: larpa-2023
provision_ref: s25
chapter: PART 4 - DISPUTE RESOLUTION
section: 25
title: Determinations in adjudication
content:
25. —(1) Subject to section 12(3) and to any rules and procedures established by the authorised dispute resolution body under section 10(2)( c ) (being rules and procedures not inconsistent with any requirement under this Act), an adjudicator may — ( a ) conduct the adjudication proceedings in any manner that the adjudicator thinks fit; ( b ) require submissions or documents from any party and set deadlines for their submission; and ( c ) issue any directions (not inconsistent with any requirement under this Act) that may be necessary or expedient for the conduct of the case. (2) The parties to a complaint of non‑compliance must comply with any requirement made or direction issued by the adjudicator in accordance with this section. (3) An adjudicator’s power to determine any dispute that is the subject of a complaint of non‑compliance is not affected by the failure of — ( a ) the respondent to file a response; or ( b ) any of the parties to comply with or carry out any requirement made or direction issued by the adjudicator under this section, and in the event of any such failure, the adjudicator may determine the dispute based on the information and documents available to the adjudicator. (4) The adjudicator must, in relation to any dispute that is the subject of a complaint of non‑compliance (unless the dispute has been settled under section 24) — ( a ) make a determination whether there has been non‑compliance with a leasing principle as alleged by the party that filed the complaint of non‑compliance; and ( b ) where the determination is that there has been such non‑compliance, make a further determination, as may be applicable — (i) that the lease agreement must be varied in order to correct the non‑compliance; or (ii) as to any compensation provided by the leasing principle for the non‑compliance that should be paid. (5) The determination of the adjudicator must be in writing. (6) The determination of the adjudicator is binding on the parties and on any person claiming through or under them, unless or until — ( a ) permission of the court to enforce the adjudication determination is refused under section 27; ( b ) the dispute is finally determined by a court or an arbitral tribunal or at any other dispute resolution proceeding; or ( c ) the dispute is settled by agreement of the parties.


document_id: larpa-2023
provision_ref: s26
chapter: PART 4 - DISPUTE RESOLUTION
section: 26
title: Enforcement of settlement agreements
content:
26. —(1) Any party to a settlement agreement mentioned in section 23 or 24 may, in relation to a dispute in respect of which the settlement agreement was entered into and for which no proceedings have been commenced in a court, with the consent of all the other parties to that settlement agreement, apply to record the settlement agreement as an order of court. (2) The application must — ( a ) be made to the court within whose jurisdiction the subject matter of the dispute would fall; and ( b ) be accompanied by an affidavit by the applicant setting out or exhibiting the settlement agreement, and the consent of all the other parties to the settlement agreement for the settlement agreement to be recorded as an order of that court. (3) Subject to subsection (4), the court may record the settlement agreement as an order of court if the settlement agreement — ( a ) is in writing and signed by or on behalf of all the parties to the settlement agreement; and ( b ) contains any information that may be prescribed by rules made under section 33. (4) The court may refuse to record the settlement agreement as an order of court if — ( a ) the settlement agreement is void or voidable because of incapacity, fraud, misrepresentation, duress, coercion, mistake or any other ground for invalidating a contract; ( b ) any term of the settlement agreement is not capable of enforcement as an order of court; or ( c ) the recording of the settlement agreement as an order of court is contrary to public policy. (5) A settlement agreement that is recorded under this section as an order of court may be enforced in the same manner as a judgment given or an order made by the court.


document_id: larpa-2023
provision_ref: s27
chapter: PART 4 - DISPUTE RESOLUTION
section: 27
title: Enforcement of determinations by adjudicators
content:
27. —(1) Any determination of an adjudicator under section 14 or 25(4) (called in this section the adjudication determination) may, with the permission of the court within whose jurisdiction the subject matter of the dispute that is the subject of a complaint of non‑compliance to which the determination relates would fall, be enforced in the same manner as a judgment or an order of the court to the same effect. (2) Where permission of the court is so granted, judgment may be entered in the terms of the adjudication determination. (3) An application for permission to enforce an adjudication determination filed in court under this section must be accompanied by an affidavit by the applicant stating that the adjudication determination has not been complied with, or (as the case may be) stating the part of the adjudication determination that has not been complied with. (4) A party to an adjudication may commence proceedings in the General Division of the High Court to set aside the adjudication determination or a judgment obtained pursuant to this section, but that party must pay into court as security the unpaid portion of the amount that that party is required to pay under the adjudication determination (if any), in any manner that the General Division of the High Court directs or as provided in the Rules of Court, pending the final determination of those proceedings. (5) The grounds on which a party to an adjudication may commence proceedings under subsection (4) include, but are not limited to, the following: ( a ) the application for adjudication was not made in accordance with the provisions of this Act; ( b ) the adjudicator failed to comply with the provisions of this Act in making the adjudication determination; ( c ) a breach of the rules of natural justice occurred in connection with the making of the adjudication determination; ( d ) the making of the adjudication determination was induced or affected by fraud or corruption. (6) A party that was a respondent in the adjudication may not commence proceedings under subsection (4) on any ground that the party did not raise as a response to the dispute under the adjudication, unless — ( a ) the circumstances to support that ground only arose after the party lodged the adjudication response with the authorised dispute resolution body; or ( b ) the party could not reasonably have known of those circumstances when lodging the adjudication response with the authorised dispute resolution body. (7) Without affecting its powers under any other written law or rule of law, the General Division of the High Court may, in any proceedings under subsection (4) — ( a ) set aside an adjudication determination in whole or in part; ( b ) remit the whole or any part of the adjudication determination to an adjudicator to be appointed by the authorised dispute resolution body; ( c ) correct in the adjudication determination any clerical mistake, error arising from an accidental slip or omission, or defect of form; and ( d ) award costs to any party to an adjudication. (8) Where the court makes an order of remission under subsection (7)( b ) — ( a ) section 25 applies, with the necessary modifications, to the determination of the remitted issues by the adjudicator, as if the remitted issues were issues in an adjudication that commenced on a date specified by the court in the order; and ( b ) the adjudicator’s determination of the remitted issues has effect as if it were an adjudication determination. Division 5 &#x2014; Miscellaneous


document_id: larpa-2023
provision_ref: s28
chapter: PART 4 - DISPUTE RESOLUTION
section: 28
title: Effect on other proceedings
content:
28. —(1) Nothing in this Act prevents any party from challenging the party’s lease agreement (including as varied pursuant to this Act) as to whether or not the lease agreement complies with this Act, or any determination under section 25(4), in any proceeding before a court or an arbitral tribunal or in any other dispute resolution proceeding. (2) To avoid doubt, nothing in this Act prevents an appeal from a decision of the court under section 26 or 27, in accordance with the Supreme Court of Judicature Act 1969.


document_id: larpa-2023
provision_ref: s29
chapter: PART 5 - MISCELLANEOUS
section: 29
title: Act to bind Government
content:
29. —(1) This Act binds the Government. (2) Despite subsection (1), the Government is not required to comply with any obligation under this Act that is inconsistent with any obligation of the Government under any other written law.


document_id: larpa-2023
provision_ref: s30
chapter: PART 5 - MISCELLANEOUS
section: 30
title: Publication of non-compliance with Act or Code of Conduct
content:
30. The Committee may publish any details of non‑compliance with this Act or the Code of Conduct, obtained by the Committee under or pursuant to this Act, as the Committee thinks necessary or expedient in the interest of landlords and tenants of retail premises generally.


document_id: larpa-2023
provision_ref: s32
chapter: PART 5 - MISCELLANEOUS
section: 32
title: General exemption
content:
32. The Minister may, by order in the Gazette , either permanently or for any period that the Minister thinks fit, exempt any person or premises or any class of persons or premises from all or any of the provisions of this Act, subject to any conditions specified in the order.


document_id: larpa-2023
provision_ref: s33
chapter: PART 5 - MISCELLANEOUS
section: 33
title: Rules of Court
content:
33. —(1) The Rules Committee constituted under section 80(3) of the Supreme Court of Judicature Act 1969 may make Rules of Court regulating the practice and procedure of the Court of Appeal, the Appellate and General Divisions of the High Court and the State Courts in respect of any matter under this Act. (2) Without affecting subsection (1), the Rules of Court made under that subsection may make provision for the time during which applications under sections 26 and 27 may be made, and for any other information that may be required in the affidavits accompanying the applications. (3) All Rules of Court made under this section must be presented to Parliament as soon as possible after publication in the Gazette .


document_id: larpa-2023
provision_ref: s34
chapter: PART 5 - MISCELLANEOUS
section: 34
title: Regulations
content:
34. —(1) The Minister may make regulations as may be necessary or convenient to be prescribed for carrying out or giving effect to this Act. (2) Without affecting subsection (1), the regulations may make provision in respect of — ( a ) the procedure and practice for a proceeding before a mediator or an adjudicator, including requiring the proceeding to be held in private and the treatment of confidential information; ( b ) the forms to be used and the information or documents to be given for the proceedings; ( c ) the manner in which authorised dispute resolution bodies, mediators or adjudicators are to exercise their functions or perform their duties; ( d ) the manner of giving or serving any document and when it is deemed given or served for the purposes of this Act; ( e ) the extension (including by a mediator or an adjudicator) of any time within which any document is to be submitted, filed, given or served, for the purposes of this Act; ( f ) the fees and charges, the method of payment, and the person to whom the fees and charges must be paid, for anything to be done by the Committee under or for the purposes of this Act; and ( g ) anything required to be prescribed or in relation to which regulations may be made under this section. (3) The power conferred by subsection (1) does not extend to any matter for which Rules of Court mentioned in section 33 may be made.


document_id: larpa-2023
provision_ref: s35
chapter: PART 5 - MISCELLANEOUS
section: 35
title: Saving and transitional provisions
content:
35. —(1) Despite the definition of “qualifying lease” in section 2(1) read with section 2(5), this Act does not apply to an extension or a renewal of a lease (whether or not the extension or renewal is by virtue of the exercise of an option to extend or renew in the original lease) if — ( a ) the original lease was signed by the landlord and tenant before the date of commencement of Part 3; ( b ) the terms of the extension or renewal were agreed between the landlord and tenant at the time the lease agreement for the original lease was signed; and ( c ) the terms mentioned in paragraph ( b ) remain unchanged throughout the extension or renewal. (2) For a period of 2 years after the date of commencement of any provision of this Act, the Minister may, by regulations, prescribe such provisions of a saving or transitional nature consequent on the enactment of that provision as the Minister may consider necessary or expedient. (3) Any regulation under subsection (2) may be made to operate retrospectively to any date, not being a date earlier than the commencement of the provision of this Act in relation to which the regulation is made.


document_id: lbca-2021
provision_ref: s1
chapter: PART 1 - PRELIMINARY
section: 1
title: Short title and commencement
content:
1. This Act is the Land Betterment Charge Act 2021 and comes into operation on a date that the Minister appoints by notification in the Gazette .


document_id: lbca-2021
provision_ref: s2
chapter: PART 1 - PRELIMINARY
section: 2
title: General interpretation
content:
2. —(1) In this Act, unless the context otherwise requires — “appointed day” means the date of commencement of section 6; “authorised development”, for any land, means a development of the land — ( a ) authorised under — (i) the Planning Act 1998; (ii) the predecessor Act; or (iii) any other written law on planning and land use, which has been at any time in force in Singapore and corresponds to the Planning Act 1998; or ( b ) effected or carried out pursuant to any written approval granted under any written law mentioned in paragraph ( a )(iii) before 1 February 1960, and includes a development of any land that is deemed authorised without express written permission; “authorised officer”, in relation to any provision of this Act or its subsidiary legislation, means an individual who is appointed as an authorised officer under section 50(1) for the purposes of that provision; “Authority” means the public authority called the Singapore Land Authority established by the Singapore Land Authority Act 2001; “building” includes a structure and a part of a building; “chargeable consent” has the meaning given by section 3; “charitable institution” means — ( a ) a charity; ( b ) a trust of which all the beneficiaries are charities; or ( c ) a unit trust scheme in which all the unit holders are charities; “charitable purposes” and “charity” have the meanings given by section 2(1) of the Charities Act 1994; “Chief Valuer” means the Chief Valuer appointed under section 2A of the State Lands Act 1920, and includes any individual authorised by the Chief Valuer to perform the functions, or otherwise act on behalf, of the Chief Valuer under this Act; “competent authority” means any competent authority appointed under section 5 of the Planning Act 1998 to be responsible for the operation of Part 3 of that Act, and includes any individual authorised under section 5(2) of that Act to perform any of those functions conferred on the competent authority; “concessional State title” means a State title for any land that — ( a ) is granted with a restrictive covenant binding the owner of the land to refrain from using the land in a particular way, or from developing that land to an intensity — (i) that is lower than the maximum use or maximum intensity allowed under the provisions of the Master Plan in force at the time of granting; or (ii) where the provisions of the Master Plan in force at the time of granting do not prescribe any use or maximum intensity allowed for that land; and ( b ) contains an express term binding the owner of the land under the State title to pay the Government, and entitling the Government to demand, an additional premium for the land, if the land is — (i) developed by or on behalf of the owner beyond a particular intensity specified in the State title; or (ii) otherwise used by or on behalf of the owner in a particular way (such as but not limited to strata subdivision) specified in the State title; “conduct” means any act or omission, or any series of acts or omissions, or both; “conservation area” has the meaning given by section 2 of the Planning Act 1998; “conservation permission” means permission required by section 12(2) of the Planning Act 1998 to carry out or permit the carrying out of any works within a conservation area; “controlled activity”, for any land that is the subject of a State title, means any of the following conduct: ( a ) to keep and maintain the composition of individuals who may be licensed or otherwise allowed by an owner of the land to enter and use the land according to a composition described in the State title; ( b ) to be or not be a corporation or partnership or an unincorporated association the members of which are of a composition described in the State title; ( c ) to be or not be a corporation or partnership or an unincorporated association the officers of which are of a composition described in the State title; “controlled activity restrictive covenant”, for any land, means a restrictive covenant expressed in a State title for the land, binding the owner of the land under the State title to carry on or not to carry on any controlled activity described in the State title; “deemed authorised without express written permission” means a development authorised by notification in the Gazette made under section 21(6) of the Planning Act 1998; “deferment determination” means a determination made under section 20 and that is in force, and includes so much of a deferment determination that is in force after it is cancelled in part; “designated valuer” means the Chief Valuer or an individual appointed under section 10(2); “development” has the meaning given by section 3 of the Planning Act 1998; “development control restrictive covenant”, for any land, means a restrictive covenant expressed in a State title for the land, binding the owner of the land under the State title to not carry out any development of the land described in the State title, being a development which does not involve any subdivision of the land; “directly allotted State title” means a State title granted for consideration without a tender or an auction; “engage in conduct” means to do an act or omit to do an act; “functions” includes powers and duties; “its subsidiary legislation” means any Regulations, order or other subsidiary legislation made under this Act; “land” means — ( a ) the surface of any defined parcel of the earth in Singapore; ( b ) any parcel of airspace or subterranean space within Singapore, whether or not held apart from the surface of the earth in Singapore; or ( c ) any foreshore in Singapore, and includes a space of any shape below, on or above the surface of the earth, or partly below and partly above the surface of the earth, in Singapore the dimensions of which are delineated; “land betterment charge” means the tax imposed under section 6 and calculated in the manner fixed by or under this Act; “Land Planning Minister” means the Minister charged with the responsibility for land and urban development; “liability order” means a liability order given under section 25 and that has effect; “limited liability partnership” has the meaning given by the Limited Liability Partnerships Act 2005; “Master Plan” has the meaning given by the Planning Act 1998 and includes any Certified Interpretation Plan prepared and certified by the competent authority under section 7 of that Act; “material interest” has the meaning given by section 4; “occupier”, for any land, includes any person in actual occupation of the land or any person having the charge, management or control of the land either on the person’s own account or as an agent of another person, but does not include a lodger; “officer” — ( a ) in relation to a corporation, means any director, partner, chief executive, manager, secretary or other similar officer of the corporation, and includes — (i) any person purporting to act in any such capacity; and (ii) for a corporation whose affairs are managed by its members, any of those members as if the member were a director of the corporation; and ( b ) 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, and includes — (i) any person holding a position analogous to that of president, secretary or member of a committee of the unincorporated association; and (ii) any person purporting to act in any such capacity; “partner” includes a person purporting to act as a partner; “penalty tax” means the penalty tax imposed under Division 2 of Part 6; “planning permission” means permission required by section 12(1) of the Planning Act 1998 to carry out or permit the carrying out of any development of any land outside a conservation area; “predecessor Act”, in relation to the Planning Act 1998, means the Planning Act (Cap. 232, 1990 Ed.) repealed by the Planning Act 1998; “provisional permission” means provisional permission granted under section 17(1) or 17A(2) of the Planning Act 1998; [Act 23 of 2023 wef 18/12/2023] “public authority” means a body established by or under any public Act to perform a public function; “rectification order” means a rectification order given under section 40; “Regulations” means any regulations made by the Authority under section 64, or by the Minister under section 65; “relevant point in time” has the meaning given by section 8(3) and (4); “restrictive covenant” means a reservation, restriction, covenant, an easement or a right in the nature of an easement, that is expressed in a State title for any land, and binding the owner of the land under the State title — ( a ) to refrain from using the land subject to the State title in a particular way, or from doing a particular thing in relation to that land; ( b ) to not sublet, subdivide or otherwise deal with the land, or part of the land, without the permission of the Authority; or ( c ) to construct, replace or maintain, or limit the type, style or proportion of building materials that may be used in the construction, replacement or maintenance of, any building on that land, and includes a controlled activity restrictive covenant, but excludes any reservation, restriction, covenant, easement or right in the nature of an easement in a State title that is imposed or created by or under the provisions of an Act; “revised liability order” has the meaning given by section 27; “special condition” means a reservation, restriction or covenant expressed in a directly allotted State title, requiring the initial owner of the land that is the subject of the State title to refrain from abandoning or changing the use of the land in a particular way, failing which the lessor is entitled to demand the surrender of the land; “State title” means any of the following issued or granted (whenever) in respect of land by or on behalf of the Crown or the East India Company, or under the State Lands Act 1920 or any written law repealed by that Act: ( a ) any grant in fee simple; ( b ) any grant of an estate in perpetuity; ( c ) any State lease (of whatever tenure), but excludes any tenancy or like agreement for a term of less than 10 years, and any temporary occupation licence, in respect of land; “strata subdivision” has the meaning given by section 3(1) of the Land Titles (Strata) Act 1967; “subdivision”, for any land, means the division of the land into 2 or more parts which can be conveyed, assigned, transferred, subleased or otherwise disposed of, and includes a strata subdivision of any building after completion of the building comprised in a development of the land; “subdivision control restrictive covenant”, for any land, means a restrictive covenant expressed in a State title for the land, binding the owner of the land under the State title to not carry out any subdivision of the land described in the State title, with or without involving any development of the land; “Table of Rates method” has the meaning given by section 11; “taxable person” means a person who may be liable under section 15(1) for a land betterment charge; “trustee” includes, in addition to every person appointed or constituted trustee by act of parties, by order or declaration of a court or by operation of law, any of the following: ( a ) an executor or administrator, a guardian, committee, receiver or liquidator; ( b ) every person having or taking upon himself, herself or itself the administration or control of land affected by any express or implied trust or acting in any fiduciary capacity, or having the possession, control or management of land of a person under legal or other disability; “unincorporated association” means a society or body unincorporate which, under any written law, may sue or be sued, or hold property, in the name of an officer of the society or body duly appointed for that purpose; “valuation”, in relation to land, means a determination of an amount that is the value of the land made in accor


document_id: lbca-2021
provision_ref: s3
chapter: PART 1 - PRELIMINARY
section: 3
title: Meaning of “chargeable consent”
content:
3. —(1) In this Act, a reference to “chargeable consent” in relation to any land is a reference to — ( a ) the grant, on or after the appointed day, of a planning permission or conservation permission in relation to the land, as a result of which a person is entitled to carry out a development of the land; ( b ) a varying by the Authority, on or after the appointed day, of any of the following restrictive covenants in a State title or a concessional State title relating to the land: (i) a development control restrictive covenant, as a result of which a person is entitled to carry out a development of the land without any subdivision of the land that is the subject of the development control restrictive covenant; (ii) a subdivision control restrictive covenant, as a result of which a person is entitled to carry out a subdivision of the land (with or without any development of the land) that is the subject of the subdivision control restrictive covenant; (iii) a controlled activity restrictive covenant, as a result of which a person is entitled to carry on or not carry on, or to stop carrying on, a controlled activity that is the subject of the controlled activity restrictive covenant; or ( c ) the accepting of a lodgment, on or after the appointed day, of any plans for a development of the land deemed authorised without express written permission. (2) A chargeable consent by way of varying a restrictive covenant in a State title relating to land must not be regarded as given until — ( a ) the date of the deed of release, or the date a contract or an agreement, for varying the restrictive covenant is entered into between the Authority and the owner of the land, whichever date is earlier; ( b ) where the deed of release, or the contract or agreement, for varying the restrictive covenant is undated, the date on which the deed, contract or agreement is executed by the Authority, whichever date is earliest; or ( c ) where the deed of release, or the contract or agreement, for varying the restrictive covenant is subject to any condition precedent for the variation to take effect, the date when all those conditions are satisfied. (3) However, where a person is not entitled to carry out a development of any land except as a result of more than one of the following events: ( a ) a varying of a restrictive covenant in a State title relating to the land and the restrictive covenant is not any of those mentioned in subsection (4)( a ); ( b ) the grant of a planning permission or conservation permission in relation to the land; ( c ) the accepting of a lodgment of any plans for a development of the land deemed authorised without express written permission, then despite subsections (1) and (2), a chargeable consent must be regarded as given in relation to the development of the land upon the happening of the earliest of those events, and all other subsequent chargeable consents must be disregarded for the purposes of this Act. (4) Where a person is not entitled to carry out a development of any land except as a result of more than one of the following events: ( a ) a varying of any of the following restrictive covenants in a State title relating to the land: (i) a special condition in a directly allotted State title relating to the land; (ii) a restrictive covenant in a concessional State title relating to the land; (iii) a controlled activity restrictive covenant in a State title relating to the land; (iv) a subdivision control restrictive covenant in a State title relating to the land; ( b ) the grant of a planning permission or conservation permission in relation to the land; ( c ) the accepting of a lodgment of any plans for a development of the land deemed authorised without express written permission, then despite subsections (1) and (2), only the varying of a restrictive covenant mentioned in paragraph ( a ) is regarded as the giving of chargeable consent in relation to the development of the land, and the happening of events in paragraphs ( b ) and ( c ) must be disregarded for the purposes of this Act.


document_id: lbca-2021
provision_ref: s4
chapter: PART 1 - PRELIMINARY
section: 4
title: Meanings of “material interest” and “owner”
content:
4. —(1) For the purposes of this Act, a person is not an owner of any land unless the person has a material interest in the land. (2) Subject to subsection (3), a “material interest” in any land means a legal interest in the land which is — ( a ) an estate in fee simple; ( b ) an estate in perpetuity; ( c ) a leasehold estate under a State title of whatever tenure; or ( d ) subject to subsection (3), an interest in the land entitling the person to receive rent of the land (whether on the person’s own account or as trustee for any other person or as a receiver) — (i) if the land is let to a tenant for more than 10 years; or (ii) if the land is in fact let for more than 10 years, and includes a mortgagee in possession. (3) For the purposes of subsection (2) — ( a ) the fact that the term of a lease may be extended pursuant to an option exercisable wholly at the lessee’s discretion must be taken into consideration in determining whether the term of the lease exceeds any periods specified in subsection (2)( d ); and ( b ) the fact that a lease for a specified period of time is determinable on the happening of an event within that time must not be taken into consideration in determining the term of the lease. (4) For the purposes of this Act, a person must not be regarded as having a material interest in any land by reason only that the person has purchased, from a developer of a development for which planning permission is granted for strata division after completion of any building comprised in the development, an estate or interest in a lot or proposed lot in the development before that completion. (5) In subsection (4), “developer” means the person for whom or on whose behalf any development of land is carried out.


document_id: lbca-2021
provision_ref: s5
chapter: PART 1 - PRELIMINARY
section: 5
title: Purpose of Act
content:
5. The purpose of this Act is to define and impose a tax on the increase in the value of land resulting from a chargeable consent given in relation to the land — ( a ) that ensures the return to the community of an appropriate proportion of economic benefits from the grant of rights to develop or otherwise use land; ( b ) that affords certainty and transparency through rules and processes for calculating most land betterment charges that refer to fixed rates or formulae without need for valuation; ( c ) that would promote land development activity in Singapore and support outcomes which accord with the land planning and urban development system and productivity enhancement measures for the construction industry in Singapore; and ( d ) that will promote or encourage environmentally sustainable development or use of land that balances the interests of current and future generations in Singapore.


document_id: lbca-2021
provision_ref: s6
chapter: PART 2 - LAND BETTERMENT CHARGE
section: 6
title: Land betterment charge is tax
content:
6. A tax called a land betterment charge is charged in accordance with the provisions of this Act in respect of each chargeable consent given in relation to a development or subdivision of, or a controlled activity with respect to, any land.


document_id: lbca-2021
provision_ref: s7
chapter: PART 2 - LAND BETTERMENT CHARGE
section: 7
title: Tax is on increase in value of land
content:
7. —(1) A land betterment charge payable in respect of any chargeable consent given in relation to a development or subdivision of, or a controlled activity with respect to, any land is on the increase in the value of the land likely to accrue from the giving of the chargeable consent that is leviable under this Act. (2) For the purposes of this Act, the leviable increase in the value of any land likely to accrue from the giving of a chargeable consent in relation to a development or subdivision of, or a controlled activity with respect to, the land is the prescribed percentage according to section 8 of the increase in the value of the land likely to accrue from the giving of the chargeable consent, the amount of which must be ascertained in accordance with this Act.


document_id: lbca-2021
provision_ref: s8
chapter: PART 2 - LAND BETTERMENT CHARGE
section: 8
title: Leviable increase in value of land
content:
8. —(1) Subject to subsection (2), the prescribed percentage of the increase in the value of any land likely to accrue from the giving of a chargeable consent in relation to a development of the land is any percentage prescribed by Regulations — ( a ) made under section 65; and ( b ) in force at the relevant point in time pertaining to that chargeable consent. (2) In the case of a chargeable consent given in relation to — ( a ) a development or a subdivision of any land by way of varying a special condition in a directly allotted State title relating to the land, but not the following: (i) a development of land without a material change of use of the land as described in the directly allotted State title; (ii) a directly allotted State title (but not a concessional State title) granted to a public authority; or ( b ) a development or a subdivision of, or a controlled activity with respect to, any land by way of varying any of the following restrictive covenants in a State title relating to the land: (i) a restrictive covenant in a concessional State title; (ii) a controlled activity restrictive covenant; (iii) a subdivision control restrictive covenant, the prescribed percentage of the increase in the value of the land likely to accrue from the giving of the chargeable consent is a percentage that — ( c ) is higher than the percentage prescribed for the purposes of subsection (1); and ( d ) is prescribed by Regulations — (i) made under section 65; and (ii) in force at the relevant point in time pertaining to that chargeable consent. (3) In the case of any chargeable consent given in relation to a development of any land by way of any of the following: ( a ) a planning permission or conservation permission; ( b ) a varying of a restrictive covenant in a State title (with or without a special condition) or a concessional State title relating to the land that is neither — (i) a controlled activity restrictive covenant; nor (ii) a subdivision control restrictive covenant, the relevant point in time pertaining to the chargeable consent is, for the purposes of this Act — ( c ) the date a planning permission or conservation permission (as the case may be) is granted in respect of the development of the land to which the permission relates, where — (i) no provisional permission is granted with respect to the development of the land; and (ii) no lodgment is made of any plans for development that may be deemed authorised without express written permission; ( d ) the date where provisional permission is granted with respect to the development of the land — where any provisional permission is granted with respect to the development and written permission is granted, for that same development of land under section 14 or 17(4) (as the case may be) of the Planning Act 1998, following not more than one extension of the provisional permission; or [Act 23 of 2023 wef 18/12/2023] ( e ) the date where provisional permission granted with respect to the development of the land is last extended — where any provisional permission is granted with respect to the development and written permission is granted, for that same development of land under section 14 or 17(4) (as the case may be) of the Planning Act 1998, following 2 or more extensions of the provisional permission. [Act 23 of 2023 wef 18/12/2023] (4) For the purposes of this Act, the relevant point in time pertaining to any chargeable consent not mentioned in subsection (3) is whichever of the following dates that is applicable: ( a ) for a chargeable consent that is accepting a lodgment of any plans for a development of the land deemed authorised without express written permission — the date of the acceptance of the lodgment; ( b ) for a chargeable consent that is varying a restrictive covenant in a State title that is — (i) a controlled activity restrictive covenant; or (ii) a subdivision control restrictive covenant, the date the chargeable consent is given. (5) This section is subject to Part 3.


document_id: lbca-2021
provision_ref: s9
chapter: PART 2 - LAND BETTERMENT CHARGE
section: 9
title: Ascertaining amount of land betterment charge
content:
9. —(1) Subject to subsection (3), the amount of the land betterment charge in respect of any chargeable consent given in relation to a development or a subdivision of any land not mentioned in subsection (2) is the amount ascertained by the Table of Rates method. (2) The amount of the land betterment charge in respect of a chargeable consent given in relation to — ( a ) a development or a subdivision of any land by way of varying a special condition in a directly allotted State title relating to the land, but not the following: (i) a development of land without a material change of use of the land as described in the directly allotted State title; (ii) a directly allotted State title (but not a concessional State title) granted to a public authority; or ( b ) a development or a subdivision of, or a controlled activity with respect to, any land by way of varying any of the following restrictive covenants in a State title relating to the land: (i) a restrictive covenant in a concessional State title; (ii) a controlled activity restrictive covenant; (iii) a subdivision control restrictive covenant, is the amount ascertained by the Valuation method. (3) The amount of the land betterment charge in respect of any chargeable consent given in relation to a development of any land as described in subsection (1) may be ascertained by the Valuation method in lieu of the Table of Rates method where — ( a ) all taxable persons concerned elect, before a liability order is given to the taxable persons, for the Valuation method to be so used; or ( b ) the Table of Rates method is inapplicable to the particular development. (4) Any election under subsection (3)( a ) must — ( a ) be in writing by or on behalf of the taxable person concerned; ( b ) be in a prescribed form (if prescribed); and ( c ) be given to the Authority within a prescribed period after the relevant point in time for the chargeable consent concerned, or such extension of that time as allowed by the Authority in any particular case. (5) Any election under subsection (3)( a ) is irrevocable.


document_id: lbca-2021
provision_ref: s10
chapter: PART 2 - LAND BETTERMENT CHARGE
section: 10
title: Valuation method
content:
10. —(1) The Valuation method of ascertaining the amount of the land betterment charge in respect of any chargeable consent given in relation to a development or subdivision of, or a controlled activity with respect to, any land involves a valuation by a designated valuer according to section 8(1) or (2) and Part 3 (whichever is applicable) of the increase in the value of the land likely to accrue from the giving of the chargeable consent. (2) For the purposes of this Act, the Chief Valuer or another individual may be appointed by the Authority to ascertain the amount of land betterment charge by the Valuation method. (3) However, no land betterment charge ascertained using the Valuation method is payable in respect of any chargeable consent in relation to a development or subdivision of, or a controlled activity with respect to, any land where the price the land might reasonably obtain if sold at the relevant point in time pertaining to the chargeable consent, does not exceed the price if sold before that relevant point in time.


document_id: lbca-2021
provision_ref: s11
chapter: PART 2 - LAND BETTERMENT CHARGE
section: 11
title: Table of Rates method
content:
11. —(1) The Table of Rates method for ascertaining the amount of the land betterment charge in respect of any chargeable consent in relation to a development of any land involves a calculation by — ( a ) first, deriving the post‑chargeable valuation of the land and the pre‑chargeable valuation of the land using the rates and methods prescribed by Regulations made under section 65 or Part 3; and ( b ) then, subtracting the pre‑chargeable valuation of the land from the post‑chargeable valuation of the land. (2) However, no land betterment charge ascertained using the Table of Rates method is payable in respect of any chargeable consent in relation to a development of any land where the post‑chargeable valuation of the land does not exceed the pre‑chargeable valuation. (3) Subject to Part 3, for the purposes of assessing any land betterment charge payable in respect of a chargeable consent given in relation to any land, the pre‑chargeable valuation of the land must take into account the following: ( a ) the last authorised development of the same land, where the following were paid or payable: (i) all development charges earlier paid under the Planning Act 1998 or the predecessor Act; (ii) all land betterment charges earlier paid under this Act; (iii) all penalty tax earlier paid under this Act; ( b ) any restrictive covenant expressed in a State title for the land, binding the owner of the land under the State title — (i) to refrain from using or developing the land in a particular way, or from doing a particular thing in relation to that land; (ii) to not sublet, subdivide or otherwise deal with the land, or part of the land, without the permission of the Authority; or (iii) to construct, replace or maintain, or limit the type, style or proportion of building materials that may be used in the construction, replacement or maintenance of, any building on that land, if comparably higher than paragraph ( a ); ( c ) any exemption or remission from any liability to pay in connection with the last authorised development of the same land — (i) any development charge under the Planning Act 1998 or the predecessor Act; or (ii) any land betterment charges under this Act; ( d ) any concessionary relief under section 13 from any liability to pay any land betterment charges in connection with the last authorised development of the same land; ( e ) the absence of any liability to pay any tax mentioned in paragraph ( a ) in connection with the last authorised development of the same land. (4) However, the following must be disregarded in determining the pre‑chargeable valuation of any land: ( a ) any development of the land which is not an authorised development; ( b ) any use of the land which could be restrained by any court or is contrary to law; ( c ) any development of the land authorised by a planning permission or conservation permission granted for a specified period not exceeding 10 years; ( d ) any development of the land where the planning permission or conservation permission granted for it has lapsed under section 20 of the Planning Act 1998 except to the extent that any of the following were paid for that development: (i) development charges earlier payable under the Planning Act 1998 or the predecessor Act; (ii) land betterment charges payable under this Act; ( e ) any development of land for use as a hotel or part of a hotel authorised by the grant of written permission under the predecessor Act between 18 April 1968 and 31 December 1969 (both dates inclusive) on any prescribed land if — (i) the use of the development as a hotel or part of a hotel has ceased; or (ii) the application for a planning permission or conservation permission being considered by the competent authority for the land is for development of the land for a use other than as a hotel; ( f ) any development of land, being a development in respect of which development charge was exempted or remitted under the Planning Act 1998, if — (i) any term of an exemption or a remission under that Act provides that the development (for which development charge was exempted or remitted) must be disregarded for the Development Baseline under that Act; or (ii) any term of the exemption or remission under that Act has ceased to be or is not complied with; ( g ) any development of land, being a development in respect of which concessionary relief under section 13 was applied, if — (i) any term of the concessionary relief provides that the development must be disregarded for the pre‑chargeable valuation of the land; or (ii) any term of the concessionary relief has ceased to be or is not complied with; ( h ) any matter mentioned in subsection (5). (5) Subject to subsection (2) and Part 3, for the purposes of assessing any land betterment charge payable in respect of a chargeable consent given in relation to any land, the post‑chargeable valuation of the land must take into account whichever of the following that the land may be put to: ( a ) the development of the land a person is entitled to carry out on the land as a result of the giving of the chargeable consent; ( b ) the entitlement to carry on or not carry on, or the release from carrying on, a controlled activity as a result of varying a controlled activity restrictive covenant under the chargeable consent given. (6) However, any development of land previously authorised by a planning permission or conservation permission granted for a specified period not exceeding 10 years must be disregarded in determining the post‑chargeable valuation of the land for the purposes of assessing any land betterment charge payable in respect of a current chargeable consent given in relation to a development or subdivision of, or a controlled activity with respect to, the land.


document_id: lbca-2021
provision_ref: s12
chapter: PART 3 - CONCESSIONS AND RELIEF
section: 12
title: General exemption
content:
12. —(1) The Minister may, by order in the Gazette , exempt any person or class of persons from all or any of the provisions of this Act, either generally or in a particular case and subject to such conditions as the Minister may impose. (2) Every order made under subsection (1) must be presented to Parliament as soon as possible after publication in the Gazette .


document_id: lbca-2021
provision_ref: s13
chapter: PART 3 - CONCESSIONS AND RELIEF
section: 13
title: Concessionary relief for planning objectives
content:
13. —(1) The Land Planning Minister may, after consulting the Minister, provide by order in the Gazette for concessionary relief, for a period or permanently, from the whole or part of any land betterment charge for chargeable consent given in relation to — ( a ) a development or subdivision of any land within any land, or land in any area, specified in the order; ( b ) a development of any land within any development or class of developments specified in the order; or ( c ) a development or subdivision of any land within any area or other extent of development specified in the order, if and so far as the relief appears to the Land Planning Minister to be necessary or expedient. (2) However, the Land Planning Minister may only make an order under subsection (1) if satisfied that the subject of the order is not covered by section 12 and — ( a ) will advance an integrated or a more optimal use of land in Singapore or any part of Singapore, and one of the following applies: (i) the desirability of the proposed development or subdivision of any land in achieving economic development or maintaining the cultural, economic, physical and social wellbeing of the people of Singapore and the community in the area concerned; (ii) there is an appropriate balance between potential short‑term and long‑term environmental effects of the proposed development or subdivision of any land or any adverse environmental effects of development or subdivision (climate change and urban congestion, for example) that may result are otherwise avoided or minimised; (iii) the desirability of funding (in whole or part) from any land betterment charge relating to the proposed development or subdivision of any land or other activity, the actual and expected estimated total cost of infrastructure and amenities required to support the improvement of the area in which the development or subdivision is to take place, taking into account other actual and expected sources of funding; ( b ) will promote or encourage the greater use of technology or other techniques and improvements in the construction process that enhance productivity in the construction industry; or ( c ) will promote or encourage environmentally sustainable development of land that balances the interests of current and future generations in Singapore. (3) An order under subsection (1) may — ( a ) provide for a reduction of the land betterment charge chargeable, such as — (i) by a reduced percentage of the increase in the value of the land likely to accrue from the giving of a chargeable consent; (ii) by specifying a higher pre‑chargeable valuation for the development concerned; or (iii) by providing for an off‑set against the land betterment charge payable; ( b ) prescribe that the concessionary relief contained in the order is subject to conditions related to the matters in subsection (2)( a ), ( b ) or ( c ), including conditions prohibiting or restricting the disposal of or dealing with land for a period; and ( c ) provide different concessionary reliefs for land, developments and areas of different descriptions and for different circumstances. (4) Section 65 applies with such modifications as are required for the making of an order under subsection (1). (5) Where an order is made under this section and it is applicable to any land, development of land or chargeable consent described in the order, then for the purposes of this Act, any reference to — ( a ) the prescribed percentage of the increase in the value of the land likely to accrue from the giving of the chargeable consent in relation to the land or a development or subdivision of the land is as specified or described in the order; and ( b ) the pre‑chargeable valuation of the land is as specified or described in the order. (6) Every order made under this section must be presented to Parliament as soon as possible after publication in the Gazette .


document_id: lbca-2021
provision_ref: s14
chapter: PART 3 - CONCESSIONS AND RELIEF
section: 14
title: Remission
content:
14. —(1) Where it is shown to the satisfaction of the Minister — ( a ) that a natural person liable to pay any land betterment charge has suffered such a loss, or is in such circumstances, that the exaction of the full amount of land betterment charge would entail serious hardship; ( b ) that payment of any land betterment charge payable or to become payable is likely to cause substantial hardship to a taxable person; or ( c ) that payment of any land betterment charge payable or to become payable by a particular taxable person is not compatible with the purposes of this Act having regard to the peculiar facts of the case, the Minister may remit the payment of the land betterment charge, either wholly or in part. (2) The Minister may delegate the exercise of all or any of the powers conferred upon the Minister under subsection (1) to the Authority, an employee of the Authority or a public officer, and any reference in subsection (1) to the Minister includes a reference to the Authority or that employee or public officer, as the case may be. (3) Any delegation under subsection (2) may be general or in a particular case and may be subject to such conditions or limitations as set out in this Act or as the Minister may specify. (4) This section also applies to any interest imposed under section 38 and any penalty tax payable under Part 6.


document_id: lbca-2021
provision_ref: s15
chapter: PART 4 - LIABILITY
section: 15
title: Who is liable to pay land betterment charge
content:
15. —(1) A land betterment charge in respect of a chargeable consent given in relation to a development or subdivision of, or a controlled activity with respect to, any land is payable — ( a ) by every person who, when the chargeable consent is given, is an owner of the land; ( b ) by every person who gives an assumption of liability notice under section 16 that the person assumes liability to pay the land betterment charge in place of any person in paragraph ( a ); or ( c ) by every transferee to whom a deferred liability to pay the land betterment charge is transferred under section 23. (2) Where a taxable person becomes liable to pay a land betterment charge for a chargeable consent given in relation to a development or subdivision of, or a controlled activity with respect to, any land, the person’s liability continues despite the taxable person disposing of the land or other changes in ownership of the land. (3) This section is subject to the making of any of the following: ( a ) a deferment determination or a transfer of deferred liability under section 20 or 23, as the case may be; ( b ) an exemption under section 12; ( c ) a remission under section 14.


document_id: lbca-2021
provision_ref: s16
chapter: PART 4 - LIABILITY
section: 16
title: Assumed liability
content:
16. —(1) A person who wishes to assume liability to pay any land betterment charge for a chargeable consent given in relation to a development or subdivision of, or a controlled activity with respect to, any land may give an assumption of liability notice to the Authority — ( a ) at any time before, on or after a liability order is given with respect to the chargeable consent; but ( b ) not after a revised liability order is given with respect to the same chargeable consent. (2) An assumption of liability notice must — ( a ) be in writing and in a form required by the Authority; and ( b ) identify the person in place of whom liability to pay the land betterment charge is being assumed by that notice (called the default taxable person). (3) An assumption of liability notice is valid if it complies with subsection (2). (4) A person is deemed to have assumed liability on the day on which the Authority receives and acknowledges receipt of a valid assumption of liability notice from that person. (5) On receiving a valid assumption of liability notice, the Authority must send an acknowledgment of its receipt to the person who assumed liability. (6) An assumption of liability notice given in accordance with this section is irrevocable. (7) A person who assumes liability in accordance with this section is liable to pay an amount of the land betterment charge equal to the amount that the default taxable person would have been liable to pay if not for this section; and the default taxable person then ceases to be liable to pay that amount of the land betterment charge.


document_id: lbca-2021
provision_ref: s17
chapter: PART 4 - LIABILITY
section: 17
title: Apportionment of liability according to material interests
content:
17. —(1) Where no one has, in accordance with section 16, assumed liability to pay any land betterment charge for a chargeable consent given in relation to a development or subdivision of, or a controlled activity with respect to, any land, the liability to pay the land betterment charge must be apportioned between each material interest in the land. (2) Before the Authority apportions liability between material interests in any land and gives a liability order under Part 5, the Authority may require each owner of the land to provide — ( a ) information about the owner’s material interest in the land; and ( b ) such other information in the owner’s possession or control which the Authority considers relevant to assist it in apportioning liability.


document_id: lbca-2021
provision_ref: s18
chapter: PART 4 - LIABILITY
section: 18
title: Joint liability
content:
18. —(1) Where 2 or more persons are joint owners of a material interest in land, they are each jointly and severally liable to pay any land betterment charge in respect of that material interest in that land. (2) Where 2 or more persons have, in accordance with section 16, assumed liability to pay any land betterment charge for a chargeable consent given in relation to a development or subdivision of, or a controlled activity with respect to, any land, they are each jointly and severally liable to pay the land betterment charge payable.


document_id: lbca-2021
provision_ref: s19
chapter: PART 4 - LIABILITY
section: 19
title: Interests held on trust
content:
19. —(1) Where a material interest in any land is held by a person as a bare trustee, this Act applies as if that interest were vested in, and the acts of the trustee in relation to it were the acts of, the person for whom that person is the trustee. (2) Where the trustees of a settlement are liable to pay land betterment charge, any amount due may be recovered from any one or more of the responsible trustees. (3) The responsible trustees in relation to a material interest in the land are the persons who were trustees on the day on which chargeable consent is given in relation to the land, and any person who subsequently becomes a trustee. (4) In this section — “bare trust” means a trust under which property is held by a person as trustee — ( a ) for a person who is absolutely entitled as against the trustee, or who would be so entitled but for being a minor or other person under a disability; or ( b ) for 2 or more persons who are or would be jointly so entitled, and includes a case in which a person holds property as nominee for another; “settlement” means a trust which is not a bare trust. Division 2 &#x2014; Deferment determinations


document_id: lbca-2021
provision_ref: s20
chapter: PART 4 - LIABILITY
section: 20
title: Deferment of liability by deferment determination
content:
20. —(1) A taxable person may apply to the Authority for a determination deferring payment of any land betterment charge payable by the taxable person (called in this Act a deferment determination). (2) The Authority may make a deferment determination deferring payment of any land betterment charge payable by a taxable person in respect of a chargeable consent given in relation to a development or subdivision of, or a controlled activity with respect to, any land if the Authority is satisfied that — ( a ) the taxable person is a charitable institution and the land will be used wholly or mainly for charitable purposes (whether of the taxable person or of that person and other charitable institutions); or ( b ) the taxable person and the land satisfy any other prescribed criteria in Regulations made under section 65. (3) However, for the purposes of subsection (2)( a ) and the disqualifying event under section 22(2)( b ), land must not be regarded as used wholly or mainly for charitable purposes where the material interest in the land is owned by the taxable person jointly with a person who is not a charitable institution. (4) For the purposes of subsection (2) and the disqualifying event under section 22(2)( b ), use of any land for charitable purposes includes leaving it unoccupied. (5) A deferment determination may do either or both of the following: ( a ) defer the liability of the taxable person or a taxable person to pay all or part of the total amount of the land betterment charge payable as at the date of the determination; ( b ) defer the obligation of the taxable person or a taxable person to pay all or part of each amount of the land betterment charge to become payable while the deferment determination is in force. (6) Where the Authority makes a deferment determination, the Authority must give a copy of the deferment determination to the taxable person to whom the deferment determination relates.


document_id: lbca-2021
provision_ref: s21
chapter: PART 4 - LIABILITY
section: 21
title: Effect of deferment determination
content:
21. —(1) A deferment determination that defers a taxable person’s liability to pay all or part of the total amount of any land betterment charge payable has the following effect: ( a ) the taxable person’s liability to pay the amount of land betterment charge as at the date of the deferment determination is reduced in accordance with that determination; ( b ) the person becomes indebted to the Authority for the amount by which the liability is reduced. (2) A deferment determination that defers a taxable person’s obligation to pay all or part of each amount of any additional land betterment charge to become payable while the deferment determination is in force has the following effect: ( a ) immediately after each amount of the additional land betterment charge becomes payable, the person’s liability to pay the amount of the additional land betterment charge is reduced in accordance with the deferment determination; ( b ) the person becomes indebted to the Authority for the amount by which the liability is reduced. (3) If a person is indebted to the Authority for an amount referred to in subsection (1)( b ) or (2)( b ), the amount is not recoverable by the Authority while the deferment determination is in force.


document_id: lbca-2021
provision_ref: s22
chapter: PART 4 - LIABILITY
section: 22
title: Cancelling deferment determination
content:
22. —(1) This section applies if a deferment determination is made and the Authority is satisfied that a disqualifying event in subsection (2) or (3) (as the case may be) occurs. (2) Where a taxable person’s liability to pay any land betterment charge is reduced by or under a deferment determination because of section 20(2)( a ), the disqualifying event is any of the following: ( a ) the taxable person ceases to be a charitable institution; ( b ) the whole or part of the land in respect of which the deferred land betterment charge relates — (i) is disposed of or transferred to another person; (ii) ceases to be occupied by or under the control of the taxable person; or (iii) ceases to be used wholly or mainly for charitable purposes; ( c ) any other disqualifying event prescribed in Regulations made under section 65 for such a deferment determination takes place. (3) Where a taxable person’s liability to pay any land betterment charge is reduced by or under a deferment determination because of section 20(2)( b ), the disqualifying event is any of the following: ( a ) the taxable person ceases to satisfy the criteria prescribed in Regulations made under section 65 for the purposes of section 20(2)( b ); ( b ) the whole or part of the land in respect of which the deferred land betterment charge relates — (i) is disposed of or transferred to another person; (ii) ceases to be occupied by or under the control of the taxable person; or (iii) ceases to be used or maintained or otherwise satisfy the criteria prescribed in Regulations made under section 65 for the purposes of section 20(2)( b ); ( c ) any other disqualifying event prescribed in Regulations made under section 65 for such a deferment determination takes place. (4) Before exercising any power to cancel a deferment determination, the Authority must give written notice to the taxable person concerned — ( a ) stating that the Authority intends to cancel a deferment determination relating to the taxable person; ( b ) specifying the disqualifying event that is the ground for the proposed cancellation; and ( c ) specifying the time (being not less than 7 days from the date the written notice is given to the taxable person) within which written representations may be made to the Authority with respect to the proposed cancellation. (5) The Authority may, after considering any written representation under subsection (4)( c ), decide to cancel the deferment determination in whole or in part. (6) Where the Authority has made any decision under subsection (5) to cancel a deferment determination relating to a taxable person, the Authority must give the taxable person concerned a notice of its decision. (7) Subject to section 48, a decision to cancel a deferment determination under this section takes effect from the date on which the notice under subsection (6) is given, or on such other later date as may be specified in that notice. (8) Where a deferment determination is cancelled under subsection (5), the person who, immediately before a disqualifying event concerned occurs, is the taxable person whose liability to pay any land betterment charge is reduced by or under the deferment determination, is liable to pay — ( a ) the amount of the land betterment charge that was reduced in accordance with that determination; or ( b ) if the deferment determination is cancelled in part, such part of the amount of the land betterment charge that was reduced in accordance with that determination as corresponding to the part of the deferment determination cancelled.


document_id: lbca-2021
provision_ref: s23
chapter: PART 4 - LIABILITY
section: 23
title: Transfer of deferred liability
content:
23. —(1) A taxable person whose liability to pay any land betterment charge is reduced by or under a deferment determination (called in this section the transferor) may transfer the whole of the person’s deferred liability to another person (called in this section the transferee) with the approval of the Authority. (2) To obtain the approval of the Authority under subsection (1), the transferor must give the Authority a deferred liability transfer notice — ( a ) in writing and in a form required by the Authority; ( b ) identifying the transferee to whom the deferred liability to pay the land betterment charge is being transferred, accompanied by the consent of the transferee; and ( c ) including any other particulars prescribed in order for the Authority to make a decision under this section. (3) A transferee is deemed to have assumed a transferor’s deferred liability to pay a land betterment charge on the day on which the Authority approves the transferor’s application under subsection (1). (4) If the Authority approves a transfer of deferred liability, the Authority must give a copy of the approval to the transferee concerned, accompanied by the relevant deferment determination setting out the details of the deferred liability transferred.


document_id: lbca-2021
provision_ref: s24
chapter: PART 5 - ASSESSMENT AND COLLECTION
section: 24
title: When land betterment charge is payable
content:
24. —(1) A land betterment charge that is payable by a taxable person is due and payable to the Authority — ( a ) at the end of one month after a liability order is given to the taxable person by the Authority in respect of that land betterment charge; or ( b ) at the end of any period of extension allowed under subsection (4) for payment of that land betterment charge. (2) Where an assessment in a liability order is revised in accordance with section 27 and any additional land betterment charge is payable by a taxable person, the additional land betterment charge is due and payable to the Authority — ( a ) at the end of one month after the revised liability order is given to the taxable person by the Authority in respect of that additional land betterment charge; or ( b ) at the end of any period of extension allowed under subsection (4) for payment of that additional land betterment charge. (3) Where a deferment determination is cancelled under section 22(5) and a taxable person becomes liable under that section to pay the amount of the land betterment charge that was reduced in accordance with that deferment determination, that amount of the land betterment charge is due and payable to the Authority in full — ( a ) at the end of one month after the notice under section 22(6) about the cancellation of the deferment determination is given to the taxable person by the Authority; or ( b ) at the end of any period of extension allowed under subsection (4) for payment of the land betterment charge. (4) The Authority may, in such cases as it thinks fit, extend the time for payment of any land betterment charge or additional land betterment charge beyond the time mentioned in subsection (1)( a ), (2)( a ) or (3)( a ). (5) This section is subject to the making of a deferment determination under section 20, a transfer of deferred liability under section 23 or the making of a remission under section 14.


document_id: lbca-2021
provision_ref: s25
chapter: PART 5 - ASSESSMENT AND COLLECTION
section: 25
title: Liability order
content:
25. —(1) Every taxable person must be given a liability order stating — ( a ) subject to paragraph ( b ), the amount of the land betterment charge payable by the taxable person in respect of the relevant chargeable consent given in relation to a development or subdivision of, or a controlled activity with respect to, any land; or ( b ) if the relevant chargeable consent when given relates to a development of any land, an estimate of the amount of the land betterment charge that would be payable by the taxable person if the relevant chargeable consent were given in relation to a development of the land. (2) A liability order must — ( a ) specify an estimate of the total amount or the total amount (as the case may be) of the land betterment charge payable, and the apportioned amount among each taxable person concerned; ( b ) state that the liability order may be subsequently revised by the Authority, and that an additional amount of land betterment charge may become further payable as a result; ( c ) state that a taxable person given the liability order has to pay that estimated amount or amount (as the case may be) of land betterment charge within the time delimited by or under section 24(1); and ( d ) specify the time within which under section 47(2)( a ) the person may appeal to the Minister against the liability order. (3) Where the Authority gives to a taxable person a revised liability order under section 27 in respect of any chargeable consent given in relation to a development or subdivision of, or a controlled activity with respect to, any land, any earlier liability order given by the Authority to the taxable person in respect of the same chargeable consent and relating to the same development or subdivision of, or the same controlled activity with respect to, the same land ceases to have any effect. (4) Subject to section 30, a liability order specifying an estimate of the amount of the land betterment charge payable by the taxable person if a chargeable consent were given in relation to a development of any land is treated as final as regards the assessment of the amount of land betterment charge payable in relation to the same development of the same land when — ( a ) 24 months has lapsed after — (i) the date the chargeable consent was given to the taxable persons; or (ii) if the chargeable consent was given on more than one date, the last date the chargeable consent was given to any of the taxable persons; and ( b ) no revised liability order is earlier given under section 27 in respect of that same chargeable consent.


document_id: lbca-2021
provision_ref: s26
chapter: PART 5 - ASSESSMENT AND COLLECTION
section: 26
title: When liability order must be given
content:
26. —(1) The Authority must give in accordance with subsection (2), (3) or (4) (whichever is applicable) a liability order stating an estimate of the amount or the amount of land betterment charge that is payable. (2) For a chargeable consent that is — ( a ) a planning permission or conservation permission; or ( b ) by way of varying of a restrictive covenant in a State title relating to any land that is not a controlled activity restrictive covenant or subdivision control restrictive covenant, the liability order must be given as soon as practicable after one of the following dates, whichever is applicable: ( c ) the date a planning permission or conservation permission (as the case may be) is granted in respect of the development of the land to which the permission or authorisation relates, where — (i) no provisional permission is granted with respect to the development of the land; and (ii) no lodgment is made of any plans for the development that may be deemed authorised without express written permission; ( d ) the date where the competent authority or Land Planning Minister notifies the Authority that the competent authority or Land Planning Minister (as the case may be) intends to grant written permission under section 14 or 17(4) (as the case may be) of the Planning Act 1998 — where any provisional permission is granted with respect to the development of the land and that provisional permission does not lapse because of one or more extensions. [Act 23 of 2023 wef 18/12/2023] (3) For a chargeable consent that is accepting a lodgment of any plans for a development of the land deemed authorised without express written permission, the liability order must be given as soon as practicable after the date the lodgment is accepted. (4) For a chargeable consent that is by way of varying a controlled activity restrictive covenant or a subdivision control restrictive covenant in a State title, the liability order must be given as soon as practicable after the date the chargeable consent is given.


document_id: lbca-2021
provision_ref: s27
chapter: PART 5 - ASSESSMENT AND COLLECTION
section: 27
title: Revised liability order
content:
27. —(1) Subject to subsection (2), the Authority may revise an estimate of the amount or the amount of land betterment charge assessed and stated in a liability order as payable either — ( a ) on its own initiative, by making such alterations or additions to the assessment as it thinks necessary to ensure that a complete and accurate assessment is made; or ( b ) upon a reference by the Minister under section 47(4) after an appeal. (2) The Authority must not give a revised liability order under subsection (1)( a ) about an estimate of the amount or the amount of land betterment charge payable in respect of a chargeable consent given in relation to a development or subdivision of, or a controlled activity with respect to, any land if more than 24 months has lapsed after — ( a ) the date the chargeable consent was given to the taxable persons; or ( b ) if the chargeable consent was given on more than one date, the last date the chargeable consent was given to any of the taxable persons. (3) A revised liability order in respect of a chargeable consent in relation to a development or subdivision of, or a controlled activity with respect to, any land must — ( a ) specify the revised amount of land betterment charge payable by every taxable person concerned in respect of the chargeable consent; ( b ) state that a taxable person given the revised liability order has to pay the additional amount of land betterment charge specified within the time delimited by or under section 24(2); ( c ) state that any earlier liability order given to the taxable person in respect of the same chargeable consent and relating to the same development or subdivision of, or the same controlled activity with respect to, the same land is superseded; and ( d ) specify the time within which under section 47(2)( a ) the person may appeal to the Minister against the revised liability order.


document_id: lbca-2021
provision_ref: s28
chapter: PART 5 - ASSESSMENT AND COLLECTION
section: 28
title: Valuation method process
content:
28. Where the Valuation method is required by section 9(2) or allowed by section 9(3) to be used to ascertain the amount of land betterment charge payable in respect of any chargeable consent relating to a development or subdivision of, or a controlled activity with respect to, any land, the Authority must — ( a ) arrange for a valuation required by that section to be carried out without delay by a designated valuer; and ( b ) upon receiving a report of the valuation mentioned in paragraph ( a ), give a liability order based on that report to the taxable person or persons concerned.


document_id: lbca-2021
provision_ref: s29
chapter: PART 5 - ASSESSMENT AND COLLECTION
section: 29
title: Liability order, etc., ceases to have effect when land betterment charge is fully paid
content:
29. Subject to the making of a deferment determination under section 20, a transfer of deferred liability under section 23 or the making of a remission under section 14 — ( a ) a liability order; or ( b ) a revised liability order (if made), that is given to a taxable person in respect of a chargeable consent ceases to have effect in relation to the taxable person once all outstanding amounts of land betterment charge due in respect of that chargeable consent have been paid to the Authority.


document_id: lbca-2021
provision_ref: s30
chapter: PART 5 - ASSESSMENT AND COLLECTION
section: 30
title: Payment of land betterment charge short levied, etc.
content:
30. —(1) Despite sections 25(4) and 29, where any amount of land betterment charge under this Act has been short levied or erroneously refunded for any reason or owing to any cause, the person who should have paid the amount short levied or to whom the refund has erroneously been made must pay the deficiency or repay the amount erroneously refunded, to the Authority on a valid demand being made and given to that person. (2) A demand is valid under subsection (1) if it satisfies the following: ( a ) it is in writing; ( b ) it is made within 2 years after the date of payment of the land betterment charge stated in the demand as having been short levied or erroneously refunded; ( c ) it specifies — (i) the amount of the short levy or erroneous refund that the Authority requires to be paid or repaid; or (ii) the circumstances or land or chargeable consent in relation to which the Authority has reason to believe the short levy or erroneous refund arose. (3) Subsection (2)( b ) does not apply if the short levy or erroneous refund was the result of fraud or evasion on the part of the person liable to pay the amount short levied, or who claimed for or to be entitled to the refund erroneously made, as the case may be. (4) Where the short levy or erroneous refund does not exceed $20 or such other amount as the Minister may prescribe in Regulations made under section 65 in substitution, the Authority may waive the recovery of the short levy or erroneous refund.


document_id: lbca-2021
provision_ref: s31
chapter: PART 6 - RECOVERY AND EVASION
section: 31
title: Recovery of land betterment charge
content:
31. —(1) Any land betterment charge is deemed, when it becomes due and payable at the expiry of the time so delimited by or under section 24, to be a debt due to the Government, and must be collected and received by the Authority in accordance with this Act. (2) Any land betterment charge that is unpaid may be recovered as a debt in any court of competent jurisdiction in the name of the Authority.


document_id: lbca-2021
provision_ref: s32
chapter: PART 6 - RECOVERY AND EVASION
section: 32
title: Action to recover may be taken any time
content:
32. Any action or remedy for recovery of land betterment charge and any interest under section 38 may be taken at any time, any written law to the contrary notwithstanding.


document_id: lbca-2021
provision_ref: s33
chapter: PART 6 - RECOVERY AND EVASION
section: 33
title: Priority of case in insolvency
content:
33. —(1) The amount of any land betterment charge or penalty tax — ( a ) due from a bankrupt at the date of the bankruptcy order, or from the bankrupt so dying at the date of his or her death; and ( b ) having become due within 12 months before the date of the bankruptcy order or his or her death, is, by this subsection, included among the debts which, under section 352 of the Insolvency, Restructuring and Dissolution Act 2018, are to be paid in priority to all other debts in the distribution of property of the bankrupt or individual dying insolvent. (2) The amount of any land betterment charge or penalty tax — ( a ) due from a company at the date of the winding up order; and ( b ) having become due within 12 months before the date of commencement of the winding up, is, by this subsection, included among the taxes which, under section 203 of the Insolvency, Restructuring and Dissolution Act 2018, are to be paid in priority to all other unsecured debts in a winding up of the company.


document_id: lbca-2021
provision_ref: s34
chapter: PART 6 - RECOVERY AND EVASION
section: 34
title: Contribution between taxable persons jointly liable
content:
34. Where 2 or more persons are liable for the same land betterment charge payable for a chargeable consent given in relation to a development or subdivision of, or a controlled activity with respect to, any land, any one of them who has paid the whole of the land betterment charge (called A ) — ( a ) may recover from any other person jointly liable with A an amount which bears to the amount of land betterment charge so paid the same proportion as the value of the estate or interest in the land of the other person bears to the total of the values of the estates or interests in the land of all persons liable for that land betterment charge; and ( b ) may — (i) sue for that firstmentioned amount in any court of competent jurisdiction as money paid to the use of that other person at that other person’s request; or (ii) retain or deduct that firstmentioned amount out of any moneys in A ’s hands belonging or payable to that other person.


document_id: lbca-2021
provision_ref: s35
chapter: PART 6 - RECOVERY AND EVASION
section: 35
title: Contribution by tenants or occupiers
content:
35. —(1) Where a taxable person makes default in payment of any land betterment charge, then, without in any way releasing the taxable person from liability (except to the extent of any payments deemed to be made on the taxable person’s behalf mentioned in paragraph ( b )), the following provisions apply as long as the default continues: ( a ) if the land betterment charge is payable in respect of any land which is the subject to any lease or occupied by any person, then the lessee or occupier is responsible for the payment of the contribution and it may be recovered from the lessee or occupier as if the lessee or occupier were the defaulting taxable person; ( b ) all payments made under this section by a lessee or an occupier are deemed to be made on behalf of the defaulting taxable person. (2) The responsibility of the lessee or occupier under this section is limited to any rent or payments due by the lessee or occupier to the taxable person at the time of demand made or action brought by or on behalf of the Authority. (3) Any payment to the Authority under this section constitutes a valid discharge to the lessee or occupier for rent or payments due by the lessee or occupier to the defaulting taxable person as against all persons whomsoever.


document_id: lbca-2021
provision_ref: s36
chapter: PART 6 - RECOVERY AND EVASION
section: 36
title: Land betterment charge to be first charge on land
content:
36. —(1) Any land betterment charge payable in respect of a chargeable consent relating to any land shall, until it is paid, be a first charge on that land in priority over all other encumbrances whatever. (2) Where any land (called in this subsection a portion) is disposed of and that land formed part of land (called in this subsection the whole parcel) which immediately before the disposition was subject to a charge for an amount (called in this subsection the total charge) under this section — ( a ) the portion is subject to a charge (as mentioned in subsection (1)) for such amount as bears to the total charge the same proportion as the area of that portion bears to the area of the whole parcel; and ( b ) the remainder of the whole parcel is subject to a charge (as mentioned in subsection (1)) for an amount equal to the difference between the total charge and the charge to which the portion is subject by virtue of paragraph ( a ), in addition to any other charge to which the portion or remainder of the whole parcel may become liable. (3) A certificate under section 55 is, for the purpose of determining the amount of any charge on any land as at any date, conclusive evidence in favour of any person referred to in section 55(2) as at the date specified in the certificate there was no charge on the land other than a charge arising out of any matter specified in the certificate.


document_id: lbca-2021
provision_ref: s37
chapter: PART 6 - RECOVERY AND EVASION
section: 37
title: Overpayment
content:
37. —(1) Subject to subsection (3), where a taxable person is liable to pay any land betterment charge and the amount paid by the taxable person proves greater than the amount for which that person is liable under this Act, the taxable person is entitled to have the amount overpaid refunded and the Authority must, as soon as practicable, repay the overpayment. (2) In particular, where — ( a ) a taxable person has paid any amount by way of land betterment charge if a chargeable consent were given in relation to any land; and ( b ) no such chargeable consent is eventually given in relation to the land, the taxable person is entitled to have the amount refunded and the Authority must, as soon as practicable, repay that amount. (3) However, a refund under this section must be claimed in writing and made to the Authority within 6 years starting the date the liability order or revised liability order to which the claim relates becomes final and conclusive. (4) To avoid doubt, nothing in this section operates to extend any time limit for appeal under Part 7. Division 2 &#x2014; Default and penalty tax


document_id: lbca-2021
provision_ref: s38
chapter: PART 6 - RECOVERY AND EVASION
section: 38
title: Interest in case of default
content:
38. If any land betterment charge is not paid before the end of the time delimited by or under section 24(1) or (2), the taxable person concerned is liable to pay to the Authority interest, at the prescribed rate, on the amount of land betterment charge unpaid, calculated on a daily basis from the end of the time so delimited until the day the land betterment charge is paid.


document_id: lbca-2021
provision_ref: s39
chapter: PART 6 - RECOVERY AND EVASION
section: 39
title: Penalty tax payable where illegal development, etc., carried out
content:
39. —(1) Where — ( a ) a person has, before, on or after the appointed day — (i) carried out any development or subdivision of any land; or (ii) carried on, or stopped carrying on, a controlled activity that is the subject of a controlled activity restrictive covenant in a State title relating to any land; and ( b ) the person was then not lawfully entitled to carry out the development or subdivision, or to carry on or stop carrying on a controlled activity (as the case may be), because any one or more of the events in section 3(3) or (4) did not first happen, a person who has a material interest in the land when the rectification order is given is liable to pay penalty tax upon the Authority giving the person a rectification order under section 40(1)( d ) or (2)( d ). (2) Penalty tax imposed under this Division is in addition to any interest under section 38. (3) However, penalty tax is not payable in relation to a mere failure to pay interest under section 38 or a penalty tax previously imposed under this Division. (4) To avoid doubt, nothing in this section limits the operation of Part 4 of the Planning Act 1998.


document_id: lbca-2021
provision_ref: s40
chapter: PART 6 - RECOVERY AND EVASION
section: 40
title: Rectification order
content:
40. —(1) Where it appears to the Authority that a person has, before, on or after the appointed day, carried out any development of any land and there was no entitlement to do so because — ( a ) there was no grant of a planning permission or conservation permission for the development; or ( b ) there was no accepting of a lodgment of any plans for the development of the land that may be deemed authorised without express written permission, the Authority may — ( c ) notify the competent authority with a view to the competent authority exercising relevant powers under Part 4 of the Planning Act 1998 relating to the land; and ( d ) give a rectification order to the person or persons with a material interest in the land when the rectification order is given, directing the person or persons to pay a penalty tax if the competent authority — (i) grants planning permission or conservation permission under section 14 of the Planning Act 1998 for the development, which then becomes an authorised development; or (ii) accepts a lodgment of any plans for the development of the land which is then deemed authorised without express written permission (as the case may be). (2) Where it appears to the Authority that a person has, before, on or after the appointed day, carried out any development or subdivision of any land, or carried on or stopped carrying on a controlled activity that is the subject of a controlled activity restrictive covenant in a State title relating to any land, and there was no entitlement to do so because — ( a ) the carrying out of the development or subdivision, or the carrying on or stoppage in carrying on the controlled activity (as the case may be) would have been lawful only after varying by the Authority of — (i) a special condition in a directly allotted State title relating to the land; (ii) a restrictive covenant in a concessional State title relating to the land; (iii) a controlled activity restrictive covenant in a State title relating to the land; or (iv) a subdivision control restrictive covenant in a State title relating to the land; and ( b ) that variation was not obtained before the carrying out or carrying on of the development or subdivision of the land or the controlled activity, or the stoppage in carrying on a controlled activity, as the case may be, the Authority may give a rectification order to the person or persons with a material interest in the land when the rectification order is given, directing the person or persons — ( c ) to restore the developed or subdivided land or to stop or resume any controlled activity to alleviate the effect of the unlawful development, subdivision or activity (as the case may be) at the person’s cost; or ( d ) to pay a penalty tax if — (i) the Authority considers that restoring the developed or subdivided land or stopping or resuming any controlled activity in paragraph ( c ) is not reasonably practicable or is undesirable; and (ii) the competent authority grants or has granted planning permission or conservation permission for the development or subdivision under section 14 of the Planning Act 1998, or accepts or has accepted a lodgment of any plans for the development or subdivision of the land which is then deemed authorised without express written permission (as the case may be) where that permission or lodgment is required for it to be an authorised development or a lawful subdivision. (3) Any rectification order under subsection (2)( c ) — ( a ) may include a requirement — (i) to demolish or remove any fence or partition enclosing the land or any structure erected on the land resulting from any unlawful development, subdivision or activity mentioned in subsection (2), and to dispose of the fence, partition or structure and any resulting debris from the demolition; or (ii) to stop, either wholly or to the extent specified in the rectification order, any controlled activity; and ( b ) takes effect despite the provisions of any other written law or anything contained in the memorandum or articles of association, trust deed or other constitution of the person given the order. (4) A rectification order must state the period within which — ( a ) the person must comply with the rectification order (called in this Act the compliance period), which must be at least 14 days after the order is given; and ( b ) the person may appeal against the rectification order if the person objects to and does not wish to comply with the rectification order. (5) The compliance period for a rectification order must not be longer than the objection period specified in that rectification order. (6) A person who — ( a ) is given a rectification order under subsection (2)( c ); and ( b ) does not appeal against the order within the time delimited by this Act for appeals, must take, so far as is reasonably practicable and at the person’s cost, such steps as are necessary to comply with the rectification order within the compliance period specified in that order. (7) A person who, without reasonable excuse, fails to comply with subsection (6) shall be guilty of an offence and shall be liable on conviction — ( a ) to a fine not exceeding $200,000 or to imprisonment for a term not exceeding 12 months or to both; and ( b ) in the case of a continuing offence, to a further fine not exceeding $10,000 for every day or part of a day during which the offence continues after conviction.


document_id: lbca-2021
provision_ref: s41
chapter: PART 6 - RECOVERY AND EVASION
section: 41
title: Amount of penalty tax
content:
41. —(1) Subject to sections 42 and 43, the amount of penalty tax payable upon the giving of a rectification order under section 40(1)( d ) or (2)( d ) is the total of the following: ( a ) the amount of the land betterment charge that would have been payable as if a chargeable consent were given, on the date of the rectification order or a later date specified in that order, in relation to the development or subdivision of, or the controlled activity with respect to, the land, that is the subject of the rectification order; ( b ) 30% of the amount in paragraph ( a ). (2) However, no penalty tax is payable upon giving a rectification order to the person or persons with a material interest in the land when the rectification order is given (each called in this Division a tax payer) if the Authority is satisfied that the development or subdivision of the land happened or the controlled activity was carried on or stopped (as the case may be) solely because of circumstances beyond the tax payer’s control (or if a person acted on behalf of that tax payer, because of circumstances beyond either the person’s or the tax payer’s control) but not amounting to financial incapacity. (3) For the purposes of subsection (2), it is for the tax payer to prove that — ( a ) it was not reasonably practicable to do more than what was in fact done to prevent the development or subdivision of the land, the carrying on of the controlled activity or the stoppage of the controlled activity, as the case may be; or ( b ) the tax payer (and the person acting on behalf of the tax payer) did not know and could not reasonably have known about the development or subdivision of the land, the carrying on of the controlled activity or the stoppage of the controlled activity, as the case may be.


document_id: lbca-2021
provision_ref: s42
chapter: PART 6 - RECOVERY AND EVASION
section: 42
title: Reduction in penalty tax for voluntary disclosure, etc.
content:
42. The Authority may in the following circumstances reduce the amount of penalty tax payable upon the giving of a rectification order, by using the percentages below in lieu of the percentage in section 41(1)( b ): ( a ) 6% of the amount of land betterment charge worked out under section 41(1)( a ) if, before the Authority informs the tax payer given the rectification order that an investigation relating to the carrying out of any development or subdivision of the land or the carrying on of a controlled activity or the stoppage in carrying on a controlled activity (as the case may be) without the relevant chargeable consent is to be carried out, the tax payer discloses to the Authority or an authorised officer, in writing, sufficient information to enable the nature and extent of any development or subdivision of the land or controlled activity carried on or of the stoppage of a controlled activity (as the case may be) to be ascertained; ( b ) 24% of the amount of land betterment charge worked out under section 41(1)( a ) if, after the Authority informs the tax payer given the rectification order that an investigation relating to the carrying out of any development or subdivision of the land or the carrying on of a controlled activity or the stoppage in carrying on a controlled activity (as the case may be) without the relevant chargeable consent is to be carried out and before the investigation is begun, the tax payer discloses to the Authority or an authorised officer, in writing, sufficient information to enable the nature and extent of any development or subdivision of the land or controlled activity carried on or of the stoppage of a controlled activity (as the case may be) to be ascertained.


document_id: lbca-2021
provision_ref: s43
chapter: PART 6 - RECOVERY AND EVASION
section: 43
title: Increase in penalty tax for concealment
content:
43. In lieu of the amount calculated according to section 41(1)( b ), the Authority may increase the amount of penalty tax payable upon the giving of a rectification order by using 50% of the amount of land betterment charge worked out under section 41(1)( a ), if the Authority is satisfied that — ( a ) the Authority has informed the tax payer given the rectification order that an investigation is to be carried out; and ( b ) before the investigation is completed, the tax payer (or a person acting on behalf of the tax payer) hinders or obstructs an authorised officer exercising functions under Part 8, or a designated valuer exercising functions under Part 8, for the purposes of determining the tax payer’s liability.


document_id: lbca-2021
provision_ref: s44
chapter: PART 6 - RECOVERY AND EVASION
section: 44
title: Recovery of penalty tax
content:
44. Any penalty tax imposed under this Division is recoverable as if — ( a ) the penalty tax were a land betterment charge due and payable under this Act; ( b ) the rectification order imposing the penalty tax were a liability order; and ( c ) the rectification order imposing the penalty tax were a chargeable consent.


document_id: lbca-2021
provision_ref: s45
chapter: PART 6 - RECOVERY AND EVASION
section: 45
title: Evasion
content:
45. —(1) Any person who wilfully with intent to evade or to assist any other person to evade payment of any land betterment charge — ( a ) makes any false statement, declaration or entry in any return required to be made under this Act or the Regulations; ( b ) gives any false answer, whether verbally or in writing, to any question or request for information asked or made in accordance with this Act; or ( c ) makes use of any fraud, art or contrivance or authorises the use of any such fraud, art or contrivance, shall be guilty of an offence and shall be liable on conviction to a penalty of 4 times the amount of land betterment charge which has been underpaid in consequence of the offence, or which would have been so underpaid if the offence had not been detected, and shall also be liable to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 5 years or to both. (2) Whenever in any proceedings under this section it is proved that any false statement or entry is made in any return furnished under this Act or any Regulations by or on behalf of any person or any book of accounts or other records maintained by or on behalf of any person, that person is presumed, until the contrary is proved, to have made that false statement or entry with intent to evade the land betterment charge.


document_id: lbca-2021
provision_ref: s46
chapter: PART 7 - APPEAL
section: 46
title: Interpretation of this Part
content:
46. In this Part, unless the context otherwise requires — “appealable decision” means any of the following decisions of the Authority not made upon a reference under section 47(4)( b ): ( a ) a refusal to make a deferment determination under section 20; ( b ) a cancellation of a deferment determination under section 22(5); ( c ) the making of a liability order or a revised liability order under section 25 or 27; ( d ) a refusal to approve a transfer of any deferred liability to pay any land betterment charge under section 23; ( e ) the giving of a rectification order under section 40(1)( d ) or (2); “appellant” means the person making an appeal against an appealable decision given to that person.


document_id: lbca-2021
provision_ref: s47
chapter: PART 7 - APPEAL
section: 47
title: Appeal to Minister
content:
47. —(1) An appellant who is aggrieved by an appealable decision may appeal to the Minister against the decision in accordance with this section. (2) An appeal under this section must be in writing and specify the grounds on which it is made, and be made — ( a ) for an appealable decision that is the making of a liability order or revised liability order — within 30 days after the date the decision appealed against is given to the appellant; and ( b ) for any other appealable decision — within 14 days after the date that decision appealed against is given to the appellant. (3) The Minister may reject an appeal of an appellant who fails to comply with subsection (2). (4) After considering an appeal, the Minister may — ( a ) reject the appeal and confirm the appealable decision; or ( b ) allow the appeal and refer the matter back to the Authority to reconsider the case. (5) The Minister’s decision on an appeal is final. (6) Every appellant must be notified of the Minister’s decision under subsection (5).


document_id: lbca-2021
provision_ref: s48
chapter: PART 7 - APPEAL
section: 48
title: Appeal does not excuse payment
content:
48. An appeal against an appealable decision does not affect the operation of the appealable decision concerned or prevent the taking of action to implement the appealable decision concerned, and unless otherwise directed by the Minister under this section, that appealable decision must be complied with until the determination of the appeal.


document_id: lbca-2021
provision_ref: s49
chapter: PART 8 - ADMINISTRATION
section: 49
title: Administration of Act
content:
49. —(1) It is the function of the Authority to administer this Act. (2) In performing the functions conferred on the Authority by this Act, the Authority must aim to strike what appears to the Authority to be an appropriate balance between — ( a ) the desirability of funding from the land betterment charge (in whole or in part) the actual and expected estimated total cost of infrastructure required to support the development of land as a result of a chargeable consent, taking into account other actual and expected sources of funding; and ( b ) the potential effects (taken as a whole) of the imposition of any land betterment charge on the economic viability of any development of land. (3) Before making any decision under section 20 or 22 in relation to a deferment determination, the Authority may consult with such person or committee of persons specified by the Minister but, in making such decision, the Authority is not bound by such consultation.


document_id: lbca-2021
provision_ref: s50
chapter: PART 8 - ADMINISTRATION
section: 50
title: Authorised officers
content:
50. —(1) The Authority may, in relation to any provision of this Act or its subsidiary legislation, appoint — ( a ) any of its employees; ( b ) any public officer; or ( c ) any employee of a public authority, to be an authorised officer for the purposes of that provision, either generally or for any particular case. (2) The Authority may delegate the exercise of all or any of the powers conferred or duties imposed upon the Authority by any provision of this Act or its subsidiary legislation, to any authorised officer, subject to any conditions or limitations that the Authority may specify; and any reference in that provision of this Act or its subsidiary legislation to the Authority includes a reference to such an authorised officer. (3) However, nothing in subsection (2) authorises delegating — ( a ) the power of delegation conferred by that subsection; ( b ) any power of the Authority to make subsidiary legislation; or ( c ) any other power under section 14 to any individual who is not an employee of the Authority.


document_id: lbca-2021
provision_ref: s51
chapter: PART 8 - ADMINISTRATION
section: 51
title: Powers of entry, etc., at premises
content:
51. —(1) An authorised officer may, with such assistants and workmen as are necessary, enter at any reasonable time any land which the authorised officer reasonably believes to be or may be the subject of — ( a ) an application for a planning permission or conservation permission in relation to the land; ( b ) an application to the Authority to vary a restrictive covenant in a State title relating to the land; or ( c ) a lodgment of any plans for a development of the land deemed authorised without express written permission, and do all or any of the activities mentioned in subsection (2) for the relevant purposes. (2) An authorised officer may, after entering any land mentioned in subsection (1), do all or any of the following: ( a ) examine any thing or observe any activity conducted in or on the land; ( b ) make a still or moving image or recording of the land and any thing in or on the land; ( c ) inspect any document on the land and take extracts from, or make copies of, any such document; ( d ) take into or onto the land such equipment and materials as the authorised officer requires for the purpose of exercising powers in relation to the land; ( e ) operate electronic equipment in or on the land; ( f ) under a warrant of a Magistrate’s Court or District Court, seize any thing found in or on the land which the authorised officer reasonably suspects is evidential material relevant to an offence under this Act or its subsidiary legislation. (3) The power under subsection (2)( e ) to operate electronic equipment in or on any land includes the power — ( a ) to use a disk, tape or other storage device that is in or on the land and can be used with the equipment or in association with the equipment; ( b ) to operate electronic equipment in or on the land to put the relevant data in documentary form and remove the documents so produced from the land; and ( c ) to operate electronic equipment in or on the land to transfer the relevant data to a disk, tape or other storage device that — (i) is brought to the land for the exercise of the power; or (ii) is in or on the land and the use of which for that purpose has been agreed in writing by the occupier of the land, and to remove the disk, tape or other storage device from the land. (4) Sections 370, 371 and 372 of the Criminal Procedure Code 2010 apply, with the necessary modifications, when an authorised officer seizes any thing under this section. (5) In this section and section 52, “relevant purpose” means — ( a ) to determine compliance with this Act and its subsidiary legislation, including whether an offence under this Act or its subsidiary legislation has been committed; ( b ) to determine whether information provided to the Authority under a provision of this Act or its subsidiary legislation is correct; or ( c ) to investigate whether there are grounds to cancel a deferment determination.


document_id: lbca-2021
provision_ref: s52
chapter: PART 8 - ADMINISTRATION
section: 52
title: Power to obtain information
content:
52. —(1) An authorised officer may by written notice require any person to provide, within a reasonable period specified in the notice, and in such form and manner as may be specified in the notice, all documents and information which — ( a ) relate to any matter which the authorised officer considers necessary for any of the relevant purposes; and ( b ) are — (i) within the knowledge of that person; or (ii) in the custody or under the control of the person. (2) The power to require a person to provide any document or information under subsection (1) includes the power — ( a ) to require that person, or any individual who is or was an officer or agent or a representative of the person, to provide an explanation of the document or information; ( b ) if the document or information is not provided, to require that person or individual to state, to the best of the knowledge and belief of that person or individual (as the case may be), where it is; and ( c ) if the information is recorded otherwise than in legible form, to require the information to be made available to the Authority or an authorised officer in legible form. (3) The Authority is entitled without payment to keep any document or information, or any copy or extract thereof, provided to the Authority or an authorised officer under subsection (1).


document_id: lbca-2021
provision_ref: s53
chapter: PART 8 - ADMINISTRATION
section: 53
title: Power of designated valuer to obtain information
content:
53. —(1) A designated valuer may, at all reasonable times, enter any land and exercise powers mentioned in section 51(2)( a ) and ( b ), for the purposes of carrying out a valuation of the land required by section 9 or 28. (2) Where a designated valuer enters any land under subsection (1), the owner or occupier of the land — ( a ) must answer any questions put by the designated valuer for the purpose of enabling a correct valuation to be made; and ( b ) when required by the designated valuer to do so, must generally provide to the designated valuer all information within the knowledge or in the possession of the owner or occupier that is necessary for that purpose. (3) A designated valuer may, by giving written notice to the owner of any land, require that owner, within such reasonable time as may be specified in the notice, to provide the designated valuer such information, and to produce such documents, relating to the land as may be required by the designated valuer for the purposes of carrying out a valuation of any land required by section 9 or 28 and as may be specified in the notice. (4) Without limiting subsection (3), a notice referred to in that subsection may — ( a ) require information as to any one or more of the following matters: (i) the area, portions, lots, deposited plans, references to title, situation, quality and use of the land that is the subject of the request; (ii) the nature of the improvements thereon; (iii) any reservations, restrictions, covenants, easements or rights in the nature of easements affecting the land; or ( b ) require the production of any contract, or a copy of any contract, for the purchase of the land, any instrument incorporated or referred to in any such contract and any instrument or option relating to the purchase of the land by the owner, where the contract, copy, instrument or option is in the owner’s possession or control.


document_id: lbca-2021
provision_ref: s54
chapter: PART 8 - ADMINISTRATION
section: 54
title: Offences for obstruction, etc.
content:
54. —(1) A person who, without reasonable excuse, fails to do anything required of the person — ( a ) under section 17(2) by the Authority; ( b ) under section 52(1) by an authorised officer; or ( c ) under section 53(2) or (3) by a designated valuer, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000. (2) A person — ( a ) who intentionally alters, suppresses or destroys any document or information which the person has been required — (i) under section 52(1) by an authorised officer by a notice to provide; or (ii) under section 53(2) or (3) by a designated valuer to provide; or ( b ) who, in providing any document or information required — (i) under section 17(2) by the Authority to provide; (ii) under section 52(1) by an authorised officer by a notice to provide; or (iii) under section 53(2) or (3) by a designated valuer to provide, makes any statement which the person knows or ought reasonably to know that, or is reckless as to whether, it is false or misleading in a material particular, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both. (3) In any proceedings for an offence under subsection (1), it is a defence for the accused to prove, on a balance of probabilities, that — ( a ) the person does not possess the document or information required; and ( b ) the person has taken all reasonable steps available to the person to obtain the document or information required and has been unable to obtain it. (4) To avoid doubt, for the purposes of subsection (1), it is a reasonable excuse for a person to refuse or fail to provide any information, produce any document or answer any question if doing so might tend to incriminate that person.


document_id: lbca-2021
provision_ref: s55
chapter: PART 8 - ADMINISTRATION
section: 55
title: Authority to issue evidentiary certificates in respect of certain matters
content:
55. —(1) Upon receipt of an application in writing made by a person in accordance with a form provided by the Authority for the purpose and upon payment of a prescribed fee (if any), the Authority must provide the applicant, in relation to any land, a certificate containing information in relation to the following matters as at the date of the certificate: ( a ) whether or not a liability order, revised liability order or deferment determination has been given applying to the land and, if such an order or determination has been so given, the date thereof; ( b ) where any land betterment charge is payable in respect of a chargeable consent relating to the land, whether an appeal against such a liability order, revised liability order or deferment determination is pending; ( c ) such other matters as may be prescribed by Regulations made under section 64. (2) A certificate issued under this section is, for the purposes of determining a person’s liability for land betterment charge, conclusive evidence of the information specified in the certificate as at the date so specified — ( a ) where the applicant for the certificate is the owner of the land to which the certificate relates — in favour of that applicant and of any successor in title of the applicant who is a bona fide purchaser for value of the land; or ( b ) where the applicant is not the owner of the land to which the certificate relates — in favour of that applicant and, if the applicant becomes the owner of the land, of any successor in title who is a bona fide purchaser for value of the land. (3) Subsection (2) does not operate — ( a ) in relation to any certificate that was obtained by misrepresentation or by fraudulent or improper means to which the applicant for the certificate was privy; or ( b ) in favour of an applicant for a certificate where any information specified in the certificate was to the knowledge of the applicant erroneous as at the date on which the certificate was issued. (4) Nothing in this section requires the Authority to provide a certificate under this section as to any land betterment charge paid or payable in respect of a chargeable consent relating to any land if the Authority is of the opinion that the amount of that land betterment charge could be revised or altered because of any proceedings taken or that may be taken under this Act. (5) In this section, “purchaser” includes a mortgagee.


