Payment

Payment of compensation or deposit thereof with court

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.

(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, 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).

(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.

(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.

Payment of interest

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.

PART 6 — TEMPORARY OCCUPATION AND USE OF LAND

Temporary occupation of land for public purpose

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.

(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]

Compensation for temporary occupation of land

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]

Time for, and manner of, claiming for compensation

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]

Disqualification as to certain compensation

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]

Appeal against award of compensation

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]

Bar to other proceedings

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]

PART 7 — MISCELLANEOUS

Service of documents

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]

Penalty for obstructing survey, etc., or destroying landmarks

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]

Police to enforce surrender

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.

Government not bound to complete acquisition

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.

Owners who suffer substantial impairment in rights in land may require their land to be acquired

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]

Owner-initiated acquisition

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]

Acquisition of whole or any additional portion of land where compensation for severance is payable

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]

Defraying of costs

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]

Suits to set aside awards under this Act to be barred

53. No suit shall be brought to set aside an award or apportionment under this Act.

Rules

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.

THE SCHEDULE

(Sections 42(4), 43, 44, 44A and 44B)

COMPENSATION FOR TEMPORARY OCCUPATION OF LAND

LEGISLATIVE HISTORY

Land Acquisition Act 1966

• This Legislative History is a service provided by the Law Revision Commission on a best-efforts basis. It is not part of the Act.

Pictorial Overview of Predecessor Acts

• http://efile.agc.gov.sg/sites/LEGIS/LawRevisionUnit/Documents/Universal%20Law%20Revision/LH%20diagrams%202020/Land%20Acquisition%20Act%20(WL)%20(v1)%20(22.5.2020).jpg

Legislative History Details

PART 1 — THE ACQUISITION OF LAND FOR PUBLIC PURPOSES ORDINANCE 1890 (ORDINANCE VI OF 1890)

PART 2 — LAND ACQUISITION ORDINANCE (CHAPTER 248, 1955 REVISED EDITION)

PART 3 — LAND ACQUISITION ACT 1966 (2020 REVISED EDITION)

Abbreviations

(updated on 29 August 2022)