/akn/sg/act/act/1995/RTSA

Rapid Transit Systems Act 1995

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Part 1

PRELIMINARY

Section 1

Short title

This Act is the Rapid Transit Systems Act 1995.

Section 2

Interpretation

In this Act, unless the context otherwise requires —“Authority” means the Land Transport Authority of Singapore established under the Land Transport Authority of Singapore Act 1995;“competent authority” means the competent authority appointed under section 5 of the Planning Act 1998 in respect of the development of land;“construction”, in relation to a railway, includes

(a)

the reconstruction or realignment of the railway;

(b)

permanently improving the railway or otherwise bringing it to a higher standard,and any associated investigative and engineering studies, but does not include the planning, maintenance and management of the railway;“Corporation” means the Mass Rapid Transit Corporation established under the repealed Act;“land” includes and may, where the context so requires, have any one or more of the following meanings separately:

(a)

land of any tenure and so much of the airspace above the surface as may be reasonably used or enjoyed by any owner thereof, and so much of the subterranean space below the surface as is reasonably necessary for the use and enjoyment of the land, whether or not held apart from the surface;

(b)

the whole or part of any building or other erection or fixture on land;

(c)

where an undivided share of a leasehold interest in land has appurtenant to it rights to the exclusive use and occupation of a building or part thereof on such land, such share in the land and all rights appurtenant thereto;

(d)

any other estate, right, share or interest in land;“licensee” means a company which is licensed under this Act to operate any rapid transit system;“maintenance” includes the detection and rectification of any faults;“outsourced enforcement officer”, in relation to any provision of this Act or regulations made under this Act, means an individual who

(a)

is appointed under section 11 of the Land Transport Authority of Singapore Act 1995;

(b)

is authorised by or under that Act to exercise any powers under any provision of this Act or regulations made under this Act, as the case may be; and(c)is acting within that authorisation;“railway” means a network or system of fixed horizontal rails, tracks, grooves or other guide-ways on, under or above the ground along which a train moves or runs, and includes all tunnels, viaducts, bridges, crossings, stabling yards, depots, stations and other infrastructures constructed or intended to be constructed for any railway and any extensions thereto;“railway area” means the land delineated as such in plans and maps prepared under section 3(1) or (3);“railway commuter facility” means

(a)

a pedestrian facility (such as ramps, overhead bridges, footpaths, escalators, stairs and lifts) for or connected or facilitating access to the railway comprised in any rapid transit system;

(b)

a bicycle parking facility or vehicle set down facility for intending passengers of the railway comprised in any rapid transit system; or(c)any other similar structure or facility that integrates a rapid transit system with developments surrounding the rapid transit system by facilitating better access for passengers to residences, employment, markets, services and recreation;“railway premises” means any area, space or building owned or occupied by the Authority which is designed, equipped or set apart for the carriage of passengers by train or for affording facilities incidental to the carriage of passengers by train (but not any railway commuter facility unless expressly included) and includes any train on such premises;“rapid transit system” means any railway line, or a combination of 2 or more railway lines, and any part thereof comprised in that line or those lines set up or intended to be set up under this Act to meet the transport requirements of the public and includes the Mass Rapid Transit system set up under the repealed Act;“repealed Act” means the repealed Mass Rapid Transit Corporation Act (Cap. 172, 1988 Revised Edition);“train” includes a carriage, tram, car or other vehicle for the carriage of passengers on a railway.

Amendment notes

  • [21/2010; 9/2014; 11/2015; 38/2018]

Definition

“Authority” means the Land Transport Authority of Singapore established under the Land Transport Authority of Singapore Act 1995;

Definition

“competent authority” means the competent authority appointed under section 5 of the Planning Act 1998 in respect of the development of land;

Definition

“construction”, in relation to a railway, includes

(a)

the reconstruction or realignment of the railway;

(b)

permanently improving the railway or otherwise bringing it to a higher standard,and any associated investigative and engineering studies, but does not include the planning, maintenance and management of the railway;

Definition

“Corporation” means the Mass Rapid Transit Corporation established under the repealed Act;

Definition

“land” includes and may, where the context so requires, have any one or more of the following meanings separately:

(a)

land of any tenure and so much of the airspace above the surface as may be reasonably used or enjoyed by any owner thereof, and so much of the subterranean space below the surface as is reasonably necessary for the use and enjoyment of the land, whether or not held apart from the surface;

(b)

the whole or part of any building or other erection or fixture on land;

(c)

where an undivided share of a leasehold interest in land has appurtenant to it rights to the exclusive use and occupation of a building or part thereof on such land, such share in the land and all rights appurtenant thereto;

(d)

any other estate, right, share or interest in land;

Definition

“licensee” means a company which is licensed under this Act to operate any rapid transit system;

Definition

“maintenance” includes the detection and rectification of any faults;

Definition

“outsourced enforcement officer”, in relation to any provision of this Act or regulations made under this Act, means an individual who

(a)

is appointed under section 11 of the Land Transport Authority of Singapore Act 1995;

(b)

is authorised by or under that Act to exercise any powers under any provision of this Act or regulations made under this Act, as the case may be; and(c)is acting within that authorisation;

Definition

“railway” means a network or system of fixed horizontal rails, tracks, grooves or other guide-ways on, under or above the ground along which a train moves or runs, and includes all tunnels, viaducts, bridges, crossings, stabling yards, depots, stations and other infrastructures constructed or intended to be constructed for any railway and any extensions thereto;

Definition

“railway area” means the land delineated as such in plans and maps prepared under section 3(1) or (3);

Definition

“railway commuter facility” means

(a)

a pedestrian facility (such as ramps, overhead bridges, footpaths, escalators, stairs and lifts) for or connected or facilitating access to the railway comprised in any rapid transit system;

(b)

a bicycle parking facility or vehicle set down facility for intending passengers of the railway comprised in any rapid transit system; or(c)any other similar structure or facility that integrates a rapid transit system with developments surrounding the rapid transit system by facilitating better access for passengers to residences, employment, markets, services and recreation;

Definition

“railway premises” means any area, space or building owned or occupied by the Authority which is designed, equipped or set apart for the carriage of passengers by train or for affording facilities incidental to the carriage of passengers by train (but not any railway commuter facility unless expressly included) and includes any train on such premises;

Definition

“rapid transit system” means any railway line, or a combination of 2 or more railway lines, and any part thereof comprised in that line or those lines set up or intended to be set up under this Act to meet the transport requirements of the public and includes the Mass Rapid Transit system set up under the repealed Act;

Definition

“repealed Act” means the repealed Mass Rapid Transit Corporation Act (Cap. 172, 1988 Revised Edition);

Definition

“train” includes a carriage, tram, car or other vehicle for the carriage of passengers on a railway.

Amendment notes

  • [21/2010; 9/2014; 11/2015; 38/2018]

Part 2

PLANNING AND CONSTRUCTION OF RAPID TRANSIT SYSTEMS

Section 3

Preparation and promulgation of plans and maps

(1)

The Authority must, with the approval of the competent authority, cause plans and maps to be prepared in such detail and with such markings and endorsements thereon as are sufficient to delineate the railway area, being that area within which land may be acquired or rights in, under or over land may be exercised by the Authority under this Act for the purposes of and incidental to any railway.

(2)

A copy of every plan and map prepared for the purposes of subsection (1) and signed by an authorised officer of the Authority must be

(a)

deposited with the competent authority; and(b)available for inspection by the public free of charge at the office of the Authority, during the hours when that office is normally open to the public.

(3)

Any plan or map prepared for the purposes of subsection (1) and any marking or endorsement on any such plan or map may be amended and any plan or map may be replaced by a substitute plan or map, but the Authority must as soon as possible cause to be likewise amended, or replaced with the substitute plan or map, every copy mentioned in subsection (2) and certify the amendment or substitution in any manner that the Authority thinks sufficient.

(4)

The Authority must, within 21 days of the deposit of a copy of a plan or map with the competent authority or of any amendment to that copy or the deposit of a substitute plan or map, cause a notice of such deposit or amendment to be published in the Gazette containing

(a)

a general description of the plan or map or of the nature and extent of the amendment or substitution; and(b)particulars of the places and times at which a copy of the plan or map, or details of the amendment or a copy of the substitute plan or map may be inspected by the public in conformity with subsection (2).

(5)

No person has a right of objection to the delineation of land in any plan or map prepared for the purposes of subsection (1) or to any amendment thereto or substitute plan or map prepared under subsection (3), and the fact that land is therein delineated as being within the railway area is for all purposes conclusive evidence that the land may be required to be acquired or that rights in, under or over the land may need to be exercised by the Authority for the purposes of and incidental to any railway.

Section 4

Power to enter State land to lay and operate railway

Amendment notes

  • [9/2014; 21/2018]
  • [9/2014]
  • [9/2014]

(1)

For the purpose of constructing, maintaining and operating any railway, the Authority or any person authorised by the Authority may

(a)

at any reasonable time, enter upon any State land within or adjoining the railway area; and(b)subject to the approval of the Commissioner of Lands, lay, construct and operate the railway on, under or over the State land and do all things as are reasonably necessary for the laying, construction, maintenance and operation of the railway.

Amendment notes

  • [9/2014; 21/2018]

(2)

In addition to subsection (1), the Authority may, at any reasonable time, enter upon any State land that is within or adjoining any railway area, and do all things as are reasonably necessary for the construction and maintenance of railway commuter facilities on, under or over that land.

Amendment notes

  • [9/2014]

(3)

To avoid doubt, nothing in subsection (2) derogates from any power of the Authority to construct and maintain any street, road structure or road related facility under the Street Works Act 1995.

Amendment notes

  • [9/2014]

Section 5

Power to enter private land to lay railway

Amendment notes

  • [12/2015]
  • [9/2014]
  • [9/2014]

(1)

The Authority or any person authorised by the Authority has the right to enter upon and take possession of any land or part thereof not being State land within or adjoining the railway area not being land belonging to or acquired by the Authority and lay and construct any railway on, under or over the land and do all things as are reasonably necessary for the purpose of laying and constructing the railway.

(2)

The Authority or a person authorised by the Authority must not exercise the right conferred by subsection (1) unless the Authority has given at least 2 months’ notice of its intention to exercise the right conferred by that subsection upon every owner and occupier of the land.

Amendment notes

  • [12/2015]

(3)

A notice mentioned in subsection (2) must

(a)

give a brief description of the works which the Authority proposes to carry out on the land;

(b)

state the estimated period (if any) during which the Authority intends to occupy or take possession of the land;

(c)

describe the area or extent of the land needed for the carrying out of the works mentioned in paragraph (a); and(d)state that any person entitled to payment of any compensation under the Land Transport Authority of Singapore Act 1995 may serve a written claim on the Authority.

(4)

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 Authority by this section.

(5)

Any person authorised under this section to enter upon any land must, if so required by the owner or occupier, produce evidence of the person’s authority before entering the land.

Amendment notes

  • [9/2014]

(6)

Any person who refuses to give access to, or obstructs, hinders or delays, an agent or employee of the Authority at any time in the exercise of his or her authority shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000.

Amendment notes

  • [9/2014]

(7)

In this section, a reference to entry on land includes the digging or boring of a tunnel under the land and the erection of any structure over or under the land.

Section 6

Creation of rights in, under or over land

(1)

From the date of publication in the Gazette of a notice of creation of a right under this section, the Authority or any person authorised by the Authority may, at any reasonable time and for the purposes of and incidental to the operation of a railway specified therein, enter upon such land within the railway area as described in the notice, not being State land or land belonging to or acquired by the Authority, and exercise such permanent rights in, under or over such land or such rights of temporary occupation of the land as may be specified in the notice.

(2)

A notice of creation of a right under this section must

(a)

be made by the Authority;

(b)

describe the right in, under or over land or the right of temporary occupation and the area of land subject to such right; and(c)state particulars of the places and times at which a copy of a plan of the area of land subject to such right may be inspected.

(3)

Any right described in a notice of creation of a right under this section must be limited to a right conferring the rights and powers that are necessary or convenient for the operation of any railway and for all purposes connected with or incidental to such operation.

Section 7

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

Amendment notes

  • [12/2015]
  • [12/2015]
  • [12/2015]
  • [12/2015]
  • [12/2015]

(1)

The owner of any land temporary possession of which is or has been taken in accordance with section 5 may, by written notice given to the Authority, request the Government to acquire under the Land Acquisition Act 1966

(a)

the land; and(b)any other land of the owner related to the 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 the taking of that temporary possession.

Amendment notes

  • [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.

Amendment notes

  • [12/2015]

(3)

Any notice under this section is irrevocable once given to the Authority.

Amendment notes

  • [12/2015]

(4)

For the purposes of this section and section 7A, land (called the A land) is related to other land temporary possession of which is or has been taken in accordance with section 5 (called in this section and section 7A the temporarily occupied land) if the A land is the remainder of a parcel of land part of which is the temporarily occupied land.

Amendment notes

  • [12/2015]

(5)

In this section and section 7A —

Amendment notes

  • [12/2015]

Definition

“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;

Definition

“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 mentioned in paragraph (a) or (b), includes the area comprised in those lands or lots, as the case may be.

Amendment notes

  • [12/2015]

Section 7A

Owner-initiated acquisition

Amendment notes

  • [12/2015]
  • [12/2015]
  • [12/2015]

(1)

Upon the Authority receiving a notice under section 7(1) in relation to any temporarily occupied land, and any other land related to the temporarily occupied land, the President is to proceed under the Land Acquisition Act 1966 to acquire that land as if those lands were the subject of a notice under section 49 of that Act.

Amendment notes

  • [12/2015]

(2)

The provisions of sections 49 and 49A of the Land Acquisition Act 1966 apply (so far as relevant) to any land that is the subject of a notice under section 7(1) with the following exceptions, modifications and adaptations:

(a)

any reference in those sections to any land that is the subject of a notice under section 49(1) of the Land Acquisition Act 1966 must be read as a reference to the land that is the subject of a notice under section 7(1);

(b)

any reference in those sections to land temporary possession of which is or has been taken under section 42 of the Land Acquisition Act 1966 must be read as a reference to any land temporary possession of which is or has been taken in accordance with section 5;

(c)

any reference in those sections to an owner of land must be read as a reference to an owner of land mentioned in section 7;

(d)

any reference in section 49A of the Land Acquisition Act 1966 to a claim period for any land temporary possession of which is or has been taken in accordance with a direction under section 42 of the Land Acquisition Act 1966 must be read as a reference to one year starting from either of the following dates:

(i)

the date of the notice under section 5 relating to that land;

(ii)

the date of the expiry of the term of temporary possession in a notice under section 5 for the temporary occupation of the land, or the date the land is returned to the owner if earlier;

(e)

any other exceptions, modifications and adaptations that the differences between them necessarily require.

Amendment notes

  • [12/2015]

(3)

All compensation for the acquisition under the Land Acquisition Act 1966 of any land that is the subject of a notice under section 7 is to be paid out of the funds of the Authority.

Amendment notes

  • [12/2015]

Section 8

Power of entry

Where in respect of any land notice has been published in the Gazette in accordance with section 5 of the Land Acquisition Act 1966 but the land has not vested in the State or notice has been given by the Authority under section 5(2) of its intention to lay and construct any railway on, over or under any land, the Authority, or any person acting under its authority, may after giving at least 14 days’ notice in writing to the owner or occupier enter upon that land and any adjoining land within the railway area at all reasonable times for the purpose of

(a)

surveying and taking levels of the firstmentioned land;

(b)

setting out the line of any works;

(c)

digging or boring into the soil for the purpose of determining whether the soil is suitable for laying the railway on, over or under the land; or(d)inspecting any object or structure mentioned in section 11.

Section 9

Power to enter land for inspection and survey, etc.

Amendment notes

  • [9/2014]

(1)

The Authority, or any person acting under its authority, may enter any land or building situated wholly or partly within the railway area or wholly or partly within 150 metres thereof in order to carry out

(a)

any inspection or survey which is reasonably necessary to ascertain the condition of the land or building prior to or during the construction of any railway and to carry out all reasonably necessary work of a preventive or remedial nature; and(b)any inspection or maintenance of the railway which has been laid by the Authority on, under or over the land or building and to carry out any work and do all things necessary for the purpose of maintaining the railway causing as little damage as possible and paying compensation to any person affected for any damage that may be caused.

(2)

A person must not, for the purposes of subsection (1), enter any land or building which is occupied without giving the owner and the occupier at least 7 days’ notice of the person’s intention to do so unless

(a)

the Authority is of the opinion that an emergency exists which necessitates immediate entry; or(b)the entry is required only for the purpose of an inspection or a survey.

(3)

A notice of entry referred to in subsection (2)

(a)

must describe the purpose of the entry and the nature of any work to be carried out; and(b)is deemed to be given to and received by an owner or occupier if a written notice is affixed to a conspicuous part of the land or building to be entered.

(4)

In subsection (1), “work of a preventive or remedial nature” means the underpinning or strengthening of any land or building and other work thereon intended to render it reasonably safe or to repair or detect damage caused in the course of the construction or operation of any railway.

(5)

The decision of the Authority that any work is of a preventive or remedial nature or that such work or any inspection or survey is reasonably necessary is final.

(6)

The Authority, or any person acting under its authority, may

(a)

as the occasion requires, enter and reinspect and re‑survey any land or building in respect of which any of the powers contained in subsection (1) have been exercised; and(b)in relation to that land or building, exercise those powers as often as the occasion requires.

(7)

Any person authorised under this section to enter upon any land or building must, if so required by the owner or occupier, produce evidence of the person’s authority before so entering it.

(8)

Any person who refuses to give access to, or obstructs, hinders or delays, an agent or employee of the Authority at any time in the exercise of his or her authority shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000.

Amendment notes

  • [9/2014]

Section 10

Utility services

(1)

The Authority may serve notice on the owner or supplier of any gas, electricity, water, telecommunication, sewerage or drainage services to

(a)

alter the course or position of any wire, line, cable, pipe, tube, casing, duct, post, structure or other apparatus which belongs to or is maintained by that owner or supplier; and(b)repair any street surface thereby disturbed,if in the opinion of the Authority the alteration is required for the purposes of the construction, operation, maintenance or improvement of any railway.

(2)

A notice under subsection (1) must

(a)

specify the apparatus or structure to which the notice applies and set out the requirements of the Authority as to the alteration of its course or position and the repair of any street surface;

(b)

stipulate the period within which such work must be carried out;

(c)

be served upon the owner or supplier at least one month before the commencement of that period; and(d)state that any person entitled to compensation under this Act may serve a written claim upon the Authority.

Section 11

Removal of projections or obstructions

(1)

The Authority may give notice to the owner of any land or building in the railway area requiring the owner to remove any object or structure described in the notice which is erected on or attached to, or projects from, the land or building if in the opinion of the Authority the removal of the object or structure is required for the purposes of the construction of any railway.

(2)

A notice under subsection (1) may be given to the owner of the land or building and is deemed to have been received by the owner if it is affixed to some conspicuous part of the land or building to or from which the object or structure is erected or attached or projects from.

(3)

A notice under subsection (1) must

(a)

describe the object or structure to be removed;

(b)

stipulate the period within which the work of removal must be carried out;

(c)

be given to the owner of the land or building not later than 28 days before the commencement of that period; and(d)state that any person entitled to compensation under the Land Transport Authority of Singapore Act 1995 may serve a written claim upon the Authority.

(4)

If the owner of the land or building does not comply with a notice given to the owner under subsection (1), any person authorised in that behalf by the Authority may enter the land or building, together with any other persons that the person authorised thinks necessary, and remove the object or structure described in the notice or cause it to be removed by those other persons.

Part 3

OPERATION OF RAPID TRANSIT SYSTEMS

Section 11A

General considerations

In the exercise of its functions and powers under this Part, the Authority must have regard to the need for

(a)

an integrated public transport system in Singapore, including the integration of the rapid transit systems with other modes of transport and surrounding developments;

(b)

reliable, seamless and convenient travel within the public transport system and enhanced passenger services;

(c)

network-wide efficient and coordinated movements of passengers on rapid transit systems;

(d)

sustainability, adequacy and optimisation of capacity across the network of rapid transit systems; and(e)safety and security of life and property on the rapid transit systems.

Amendment notes

  • [21/2010]

Section 12

Operating rapid transit system without licence

(1)

Only the Authority or a person licensed by the Authority may operate any rapid transit system.

(2)

Any person who operates any rapid transit system in contravention of subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 6 months or to both and, in the case of a continuing offence, to a further fine not exceeding $5,000 for every day during which the offence continues after conviction.

Section 13

Licence to operate rapid transit system

(1)

Subject to the provisions of this Act, the Authority may grant to any company a licence to operate any rapid transit system specified therein for such period as may be specified in the licence.

(2)

Every licensee is authorised under this Act to operate any rapid transit system for the period specified in the licence unless the licence is earlier revoked, cancelled or suspended under the provisions of this Act.

(3)

The fee for a licence to operate any rapid transit system is such amount as may be prescribed.

Section 13A

Licence charge

Amendment notes

  • [21/2010]
  • [21/2010]
  • [21/2010]

(1)

In addition to the licence fee payable under section 13(3), a charge is payable by every person who is granted a licence on or after 13 September 2010, which is the amount determined by the Authority and specified in the licence, after taking into account

(a)

the relative viability of operating and maintaining that rapid transit system in the network of rapid transit systems;

(b)

the long-term operational and maintenance needs of the railway network and the long‑term sustainability of each rapid transit system comprised in the network of rapid transit systems; and(c)the benefits and burdens that the operation and maintenance of that rapid transit system is likely to bring to and impose on the network of rapid transit systems.

Amendment notes

  • [21/2010]

(2)

A person who is to be granted a licence on or after 13 September 2010 must ordinarily be selected by the Authority from among those who submit tenders in response to an invitation to tender under this section for the right to operate (or to secure that a wholly‑owned subsidiary thereof operates) a rapid transit system under that licence.

Amendment notes

  • [21/2010]

(3)

Any such invitation to tender must specify that an applicant who tenders for a licence must state the amount (by reference to quantity or method or otherwise) that the applicant (or a wholly‑owned subsidiary thereof) is willing to pay for the grant of a licence (called in this Part a cash‑bid), in addition to the charge determined under subsection (1); and that cash‑bid is payable, together with the charge determined under subsection (1), by the applicant or its wholly‑owned subsidiary if the applicant or its wholly‑owned subsidiary (as the case may be) is granted a licence.

Amendment notes

  • [21/2010]

Section 14

Matters to be considered by Authority in granting licence

In exercising its discretion to grant a licence to operate any rapid transit system, the Authority must have regard to the financial standing of the applicant and its ability to maintain an adequate, satisfactory, safe and efficient service.

Section 15

Conditions of licence

Amendment notes

  • [21/2010; 9/2014]
  • [21/2010; 9/2014]
  • [21/2010]

(1)

In granting a licence to operate any rapid transit system, the Authority may impose any conditions that it thinks fit, and may, in particular, impose conditions relating to

(a)

the extent, hours and general level of services;

(b)

the security and safety of persons using or engaged in work on the rapid transit system;

(c)

the maintenance and operation of the railway relating to the rapid transit system;

(d)

the deposit of security or bank guarantee to the satisfaction of the Authority for the due performance by the licensee of all or any obligations imposed upon it by the licence or by this Act;

(e)

the control and restriction, directly or indirectly, on the creation, holding or disposal of shares in the licensee or its shareholders, or of interests in the undertaking of the licensee or any part thereof;

(f)

the restriction on the carrying on by the licensee of any trade or business not related to the activity which the licensee is authorised by its licence to carry on; and(g)the standards of performance to be complied by the licensee in the maintenance or operation of the rapid transit system or the provision of rapid transit system services.

Amendment notes

  • [21/2010; 9/2014]

(2)

Without limiting subsection (1), conditions included in a licence to operate a rapid transit system

(a)

may require the licensee to enter into any agreement with any person for such purposes as may be specified in the conditions of the licence, such as but not limited to any matter which is dealt with (whether in the same or different manner) by an access contract;

(b)

may include provision for determining the terms on which such agreements are to be entered into, which may be such conditions as may be agreed to by the licensee and such other persons or, in default of agreement, as may be determined by the Authority;

(c)

may include conditions which must be complied with before the licence can be transferred or assigned;

(d)

may require the licensee

(i)

to comply with any requirements from time to time imposed by the Authority (or a person nominated by the Authority for this purpose) with respect to the matters concerning the operation or maintenance of the rapid transit system that are specified, or are of a description specified, in the licence;

(ii)

except insofar as the Authority (or a person nominated by the Authority for this purpose) consents to the licensee doing or not doing them, to do, or not to do, the things that are specified, or are of a description specified, in the licence;

(iii)

to refer for determination by a person nominated by the Authority for this purpose the questions arising under the licence that are specified, or are of a description specified, in the licence; or(iv)to furnish to the Authority (or a person nominated by the Authority for this purpose) any documents or other information that the Authority may require for the purpose of exercising any functions conferred or imposed on the Authority or person under or by virtue of the licence or this Act;

(e)

may contain provision for the conditions to cease to have effect or be modified at the times, in the manner and in the circumstances specified in or determined by or under the conditions; and any provision included by virtue of this paragraph in a licence has effect in addition to section 16 with respect to the modification of the conditions of a licence;

(f)

may require the licensee

(i)

to operate or maintain any extension of the rapid transit system or part thereof; or(ii)to maintain any railway commuter facility within the vicinity of a station that is part of the rapid transit system, and any other premises, facilities and structures used as, or for the purposes of, or otherwise reasonably necessary for or incidental to operating the rapid transit system;

(g)

may require the licensee to acquire from such person as may be specified in the licence, and to use, such property or rights as may be so specified, or to undertake such liabilities as may be so specified;

(h)

may require the licensee to prepare itself to deal with any plague or epidemic, fire, flood, earthquake or disaster (natural or otherwise) or any public emergency; and(i)may require the licensee to provide travel information systems and directional signs for the purpose of ensuring integration of the rapid transit system with transport services and facilities and developments surrounding the rapid transit systems operated by the licensee so as to enhance railway passenger services.

Amendment notes

  • [21/2010; 9/2014]

(3)

In this section —

Amendment notes

  • [21/2010]

Definition

“access contract” means

(a)

a contract under which a person, and so far as may be appropriate, an associate of that person, obtains permission from a facility owner to use the facility owner’s railway facility; or(b)a contract conferring an option to require a facility owner to secure that a person, and so far as may be appropriate, an associate of that person, obtains permission from the facility owner to use the facility owner’s railway facility;

Definition

“associate”, in relation to any person, includes

(a)

any employee, agent or independent contractor of the person;

(b)

any passenger of the person;

(c)

any person engaged in the provision of goods or services to or for the person; or(d)any other person who deals or has business with the person;

Definition

“facility owner” means any person (other than the Authority or the Government)

(a)

who has an estate or interest in, or right over, any track, station or depot of a rapid transit system; and(b)whose permission to use that track, station or depot is needed by another before that other may use it;

Definition

“railway facility” means a track, station or depot of a rapid transit system.

Amendment notes

  • [21/2010]

Section 16

Modification of terms and conditions of licence

(1)

Subject to this section, the Authority may add to, delete or modify the terms or conditions of a licence granted under section 13.

(2)

Before making any addition, deletion or modification to the terms or conditions of a licence under subsection (1), the Authority must give notice to the licensee

(a)

stating that it proposes to make the addition, deletion or modification in the manner specified in the notice; and(b)specifying the time (being at least 28 days from the date of service of notice on the licensee) within which the licensee may make written representations to the Authority with respect to the proposed addition, deletion or modification.

(3)

Upon receipt of any written representation mentioned in subsection (2)(b), the Authority must consider such representation and may

(a)

reject the representation;

(b)

amend the proposed addition, deletion or modification in the manner that it thinks fit having regard to the representation; or(c)withdraw the proposed addition, deletion or modification.

(4)

Where the Authority rejects any written representation under subsection (3)(a) or amends any proposed addition, deletion or modification to the terms or conditions of a licence under subsection (3)(b), the Authority must issue a direction in writing to the licensee requiring the licensee, within the time specified by the Authority, to give effect to the addition, deletion or modification specified in the notice or as amended by the Authority, as the case may be.

(5)

The Authority must not enforce its direction

(a)

during the period mentioned in section 20(1); and(b)while the appeal of the licensee is under consideration by the Minister.

(6)

If no written representation is received by the Authority within the time specified under subsection (2)(b) or if any written representation made under that subsection is subsequently withdrawn, the Authority may immediately carry out the addition, deletion or modification to the terms or conditions of the licence as specified in the notice given to the licensee under subsection (2).

Section 16A

Restrictions on acquisition of essential operating assets

Amendment notes

  • [21/2010]
  • [21/2010]
  • [21/2010]

(1)

A person must not acquire, on or after 13 September 2010, any essential operating asset of a rapid transit system, or an interest in an essential operating asset of a rapid transit system (whether or not the acquisition is by way of the enforcement of a loan security) unless

(a)

the person is a licensee authorised by licence to operate that rapid transit system; or(b)the Authority consents in writing to the acquisition.

Amendment notes

  • [21/2010]

(2)

Any acquisition, or a purported acquisition, on or after 13 September 2010, of any essential operating asset of a rapid transit system or part thereof, or an interest in an essential operating asset of a rapid transit system or part thereof, in contravention of subsection (1) is void.

Amendment notes

  • [21/2010]

(3)

In this section, “essential operating asset”, in relation to any rapid transit system, means any land, plant, equipment, machinery or other property which

(a)

is used or intended to be used (and whether or not it is also used for other purposes) by the licensee authorised by a licence to operate that rapid transit system; and(b)is designated by or under the licence to be an essential operating asset.

Amendment notes

  • [21/2010]

Section 16B

Restrictions on transfer, etc., and surrender of licences

Amendment notes

  • [21/2010]
  • [21/2010]
  • [21/2010]
  • [21/2010]

(1)

Every licence is not capable of being transferred or assigned unless

(a)

the licence contains a condition authorising the transfer or assignment; and(b)the Authority consents in writing to the transfer or assignment.

Amendment notes

  • [21/2010]

(2)

Any consent under subsection (1) may be given subject to compliance with such conditions as the Authority thinks fit to impose, which may, subject to section 16, include conditions modifying, or requiring or otherwise providing for the making of modifications to, the conditions of the licence.

Amendment notes

  • [21/2010]

(3)

A transfer or an assignment, or a purported transfer or assignment, of a licence is void

(a)

if the licence is not capable of transfer or assignment;

(b)

if the transfer or assignment, or purported transfer or assignment, is in breach of a condition of the licence; or(c)if there has, before the transfer or assignment or purported transfer or assignment, been a contravention of a condition subject to compliance with which the consent required by subsection (1) is given.

Amendment notes

  • [21/2010]

(4)

Every licence is not capable of being surrendered without the written consent of the Authority, and any surrender or purported surrender of a licence is void if it is without such consent.

Amendment notes

  • [21/2010]

Section 17

Codes of practice

Amendment notes

  • [21/2010]

(1)

The Authority may issue or approve and from time to time modify codes of practice in connection with

(a)

the maintenance or operation of rapid transit systems and any equipment relating thereto;

(b)

the provision of services for the carriage of passengers on a rapid transit system;

(c)

the conduct of licensees;

(d)

the security and safety of persons who use or who are engaged in any work on the rapid transit system; and(e)the measures necessary for licensees to deal with any plague or epidemic, fire, flood, earthquake or disaster (natural or otherwise) or other public emergency.

Amendment notes

  • [21/2010]

(2)

Every licensee must comply with any code of practice issued or approved by the Authority under subsection (1), except that if any provision in any such code of practice is inconsistent with this Act, that provision does not have effect to the extent of the inconsistency.

(3)

The Authority may, if the circumstances so warrant, exempt any licensee from any provision in any code of practice, whether unconditionally or subject to any conditions that the Authority thinks fit to impose, and whether permanently or for such time as the Authority may specify.

(4)

Any code of practice issued or approved by the Authority is deemed not to be subsidiary legislation.

Section 18

Directions affecting licensees

Amendment notes

  • [21/2010]

(1)

The Authority may give directions to be observed by licensees for or in respect of the following matters:

(a)

the extent, hours and general level of the services to be provided by licensees;

(b)

the extension of the operating hours of the services provided by the licensees;

(c)

the maintenance and operation of the rapid transit system;

(d)

the provision of travel information systems and directional signs for the purpose of ensuring integration of rapid transit systems with transport services and facilities and developments surrounding the respective rapid transit systems operated by licensees so as to enhance railway passenger services;

(e)

the security and safety of persons who use or who are engaged in any work on the rapid transit system; and(f)any other matters affecting the interests of the public in connection with the services provided by licensees.

Amendment notes

  • [21/2010]

(2)

Any direction given under subsection (1)

(a)

may require the licensee concerned (according to the circumstances of the case) to do, or to refrain from doing, the things that are specified, or are of a description specified, in the direction;

(b)

takes effect at the time, being the earliest practicable time, that is determined by or under that direction; and(c)may be revoked at any time by the Authority.

(3)

Before giving any direction to any licensee under subsection (1), the Authority

(a)

must give notice to the licensee

(i)

informing the licensee of the proposed direction and setting out its effect; and(ii)specifying the time within which representations or objections to the proposed direction may be made by the licensee in connection with the proposed direction,unless the Authority, in respect of any particular direction, considers that it is not practicable or desirable that such notice be given; and(b)must consider any representations or objections which are duly made by the licensee under paragraph (a)(ii).

(4)

Every licensee must comply with every direction given to it by the Authority under this section.

Section 18A

Appointment and removal of director, etc., of licensee

Amendment notes

  • [9/2014]
  • [9/2014]
  • [9/2014]
  • [9/2014]
  • [9/2014]
  • [9/2014]
  • [9/2014]
  • [9/2014]

(1)

A licensee must not

(a)

appoint or re‑appoint an individual as its chief executive officer, its director or the chairperson of its board of directors; or(b)remove its chief executive officer or the chairperson of its board of directors or any of its directors,unless the licensee has obtained the approval of the Authority to do so.

Amendment notes

  • [9/2014]

(2)

Where a licensee, in contravention of subsection (1), does any of the following without the approval of the Authority:

(a)

appoints or re‑appoints an individual as its chief executive officer, its director or the chairperson of its board of directors;

(b)

removes its chief executive officer or the chairperson of its board of directors or any of its directors,the Authority may issue a direction to the licensee to do either of the following, whichever being applicable, and the licensee must comply with the direction:

(c)

to remove that individual from his or her appointment as the chief executive officer or a director or the chairperson of the board of directors of the licensee, as the case may be;

(d)

to reinstate the individual as the chief executive officer or a director or the chairperson of the board of directors of the licensee, as the case may be.

Amendment notes

  • [9/2014]

(3)

Where at any time the Authority is satisfied that it is necessary or desirable to act for the purpose of the proper administration of the licensee’s business of operating a rapid transit system, the Authority may issue a direction to the licensee to appoint an individual as an additional director of the licensee, and the licensee must comply with the direction.

Amendment notes

  • [9/2014]

(4)

Before issuing any direction to any licensee under subsection (2) or (3), the Authority must give notice to the licensee

(a)

informing the licensee of the proposed direction and setting out its effect; and(b)specifying the time within which representations or objections to the proposed direction may be made by the licensee in connection with the proposed direction,unless the Authority, in respect of any particular direction, considers that it is not practicable or desirable that the notice be given.

Amendment notes

  • [9/2014]

(5)

The Authority must consider any representations or objections which are duly made by the licensee in connection with a proposed direction following a notice under subsection (4).

Amendment notes

  • [9/2014]

(6)

This section has effect despite the provisions of any other written law and the provisions of the memorandum or articles of association, or other constitution, of the licensee, and nothing in section 152 of the Companies Act 1967 prevents the Authority from exercising any power under this section.

Amendment notes

  • [9/2014]

(7)

Nothing in subsections (2) to (6) is to be taken as depriving an individual who is removed under any of those provisions of compensation or damages payable to him or her in respect of the termination of his or her appointment as a chief executive officer, director or chairperson of the board of directors.

Amendment notes

  • [9/2014]

(8)

In this section —

Amendment notes

  • [9/2014]

Definition

“chief executive officer”, in relation to a licensee, means any individual (however described by name) who

(a)

is in the direct employment of, or acting for or by arrangement with, the licensee; and(b)is principally responsible for the management and conduct of any type of business of the licensee in Singapore,and includes any individual for the time being performing all or any of the functions or duties of the chief executive officer;

Definition

“director” has the meaning given by section 4(1) of the Companies Act 1967.

Amendment notes

  • [9/2014]

Section 19

Suspension or cancellation of licence, etc.

Amendment notes

  • [21/2010; 9/2014; 31/2015]
  • [9/2014]
  • [31/2015]
  • [31/2015]
  • [31/2015]
  • [9/2014]

(1)

Subject to subsection (3), if any licensee

(a)

contravenes or fails to comply with, or fails to secure the compliance by its employees, agents or contractors with, any of the conditions of its licence to operate any rapid transit system or with any provision of this Act which is applicable to the licensee and for which no criminal penalty is prescribed for a contravention of the provision;

(b)

is convicted of any offence under this Act;

(c)

in the opinion of the Authority, fails or is likely to fail to provide and maintain an adequate, safe and satisfactory service;

(d)

fails to comply with any provision of any code of practice issued or approved by the Authority under section 17;

(e)

fails to comply with any direction given by the Authority under section 18 or 18A;

(f)

fails to comply with any provisional order confirmed under section 19A;

(g)

goes into compulsory or voluntary liquidation other than for the purpose of reconstruction or amalgamation; or(h)makes any assignment to, or composition with, its creditors,the Authority may, by written notice and without any compensation, do all or any of the following:

(i)

suspend or cancel the licence of the licensee;

(j)

forfeit the whole or any part of any security deposited with the Authority by the licensee or by its bank pursuant to a bank guarantee but not in excess of the maximum amount specified in subsection (2) if the licence is not cancelled;

(k)

require the licensee to pay, within a specified period, a financial penalty of an amount that the Authority thinks fit, which in any case must not exceed the maximum amount specified in subsection (2).

Amendment notes

  • [21/2010; 9/2014; 31/2015]

(2)

For the purposes of requiring a licensee of any rapid transit system to pay a financial penalty under subsection (1)(k), the maximum amount means the higher of the following amounts:

(a)

$1 million;

(b)

10% of the licensee’s annual fare revenue that is received

(i)

during the licensee’s last‑completed financial year as ascertained from the licensee’s latest audited accounts; and(ii)from the operation of the rapid transit system or, if more than one rapid transit system is the subject of the licensee’s licence, of each rapid transit system.

Amendment notes

  • [9/2014]

(3)

A financial penalty cannot be imposed on a licensee if the sole ground for proceeding under subsection (1) is that, in the opinion of the Authority, the licensee is likely to fail to provide and maintain an adequate, safe and satisfactory service.

Amendment notes

  • [31/2015]

(4)

A financial penalty imposed under subsection (1)(k) on any licensee must be recovered and collected by the Authority for the purposes of the Public Transport Fund.

Amendment notes

  • [31/2015]

(5)

The whole or part of any financial penalty recovered and collected under subsection (4) from a licensee, and any interest on any financial penalty in arrears, must be paid into the Public Transport Fund established under the Public Transport Council Act 1987.

Amendment notes

  • [31/2015]

(6)

In this section, “annual fare revenue”, in relation to a licensee of a rapid transit system, means the total charges received by the licensee from passengers for travel services provided on any railway comprised in that rapid transit system, less any goods and services tax paid by, the value of any rebate supplied to, and any connection commission paid by, passengers in connection with those travel services.

Amendment notes

  • [9/2014]

Section 19A

Provisional orders for securing compliance

Amendment notes

  • [21/2010]
  • [21/2010]
  • [21/2010]
  • [21/2010]
  • [21/2010]
  • [21/2010]
  • [21/2010]
  • [21/2010]

(1)

Subject to subsections (5) and (6), where it appears to the Authority that

(a)

a licensee is contravening, or is likely to contravene, any condition of its licence; or(b)a licensee has failed to secure the compliance by its employees, agents or contractors with any condition of its licence,and that it is appropriate or requisite that a provisional order be made under this section, the Authority may, instead of taking any decision under section 19, by provisional order make such provision as appears to it requisite for securing compliance with that condition.

Amendment notes

  • [21/2010]

(2)

A provisional order

(a)

must require the licensee to whom it relates (according to the circumstances of the case) to do, or not to do, the things that are specified, or are of a description specified, in the provisional order;

(b)

takes effect at the time, being the earliest practicable time, that is determined by or under the provisional order; and(c)may be revoked at any time by the Authority.

Amendment notes

  • [21/2010]

(3)

In determining whether it is appropriate or requisite that a provisional order be made, the Authority must have regard, in particular, to the extent to which any person is likely to sustain loss or damage in consequence of anything which, in contravention of any condition of a licence, is likely to be done, or omitted to be done, before a decision under section 19 may be made.

Amendment notes

  • [21/2010]

(4)

Subject to subsections (5), (6) and (7), the Authority must, by written notice, confirm a provisional order, with or without modifications, if

(a)

the Authority is satisfied that the licensee to whom the order relates is contravening, or is likely to contravene any condition of its licence, or has failed to secure the compliance by its employees, agents or contractors with any condition of its licence; and(b)the provision made by the order (with any modifications) is requisite for the purpose of securing compliance with that condition.

Amendment notes

  • [21/2010]

(5)

The Authority must not make or confirm a provisional order in relation to a licensee if it is satisfied

(a)

that the duties imposed on the Authority under this Act or the Land Transport Authority of Singapore Act 1995 preclude the making of such an order;

(b)

that the licensee has agreed to take, and is taking, all steps that appear to the Authority for the time being to be appropriate for the licensee to take for the purpose of securing or facilitating compliance with the condition in question; or(c)that the contraventions were, or the apprehended contraventions are, of a trivial nature.

Amendment notes

  • [21/2010]

(6)

Before the Authority makes or confirms a provisional order, the Authority must give notice to the licensee concerned

(a)

stating that the Authority proposes to make or confirm the provisional order and setting out its effect;

(b)

setting out

(i)

the relevant condition of the licence for the purpose of securing compliance with which the provisional order is to be made or confirmed;

(ii)

the acts or omissions which, in the Authority’s opinion, constitute or would constitute contraventions of that condition; and(iii)the other facts which, in the Authority’s opinion, justify the making or confirmation of the provisional order; and(c)specifying the period (being at least 28 days from the date of service of the notice) within which representations or objections with respect to the proposed provisional order or proposed confirmation may be made,and must consider any representations or objections which are duly made and not withdrawn.

Amendment notes

  • [21/2010]

(7)

The Authority must not confirm a provisional order with modifications except

(a)

with the consent of the licensee to whom the provisional order relates; or(b)after

(i)

serving on that licensee notice under subsection (6) of the proposal to confirm the provisional order with modifications and in that notice, specifying the period (being at least 28 days from the date of service of the notice) within which representations or objections with respect to the proposed modifications may be made; and(ii)considering any representations or objections which are duly made and not withdrawn.

Amendment notes

  • [21/2010]

(8)

In this section, “provisional order” means an order under this section which, if not previously confirmed in accordance with subsection (5), will cease to have effect at the end of the period (not exceeding 3 months) determined by or under the order.

Amendment notes

  • [21/2010]

Section 19B

Outstanding fees, charges, penalties, etc.

Amendment notes

  • [21/2010]
  • [21/2010]

(1)

If

(a)

any fee imposed under section 13 in respect of a licence or any part thereof is not paid in full by the due date for payment;

(b)

any charge and cash-bid (if any) imposed under section 13A in respect of a licence or any part thereof is not paid in full by the due date for payment; or(c)any financial penalty imposed under section 19(1)(k) in respect of a licensee or any part thereof is not paid in full by the due date for payment,interest at the prescribed rate is payable by the licensee concerned on the outstanding amount of any such fee, charge, cash‑bid or financial penalty.

Amendment notes

  • [21/2010]

(2)

The Authority may recover as a debt in a court of competent jurisdiction any of the following amounts that has become due and payable but has not been paid:

(a)

any fee imposed under section 13 in respect of a licence or any part thereof;

(b)

any charge and cash-bid (if any) imposed under section 13A in respect of a licence or any part thereof;

(c)

any financial penalty imposed under section 19(1)(k) in respect of a licensee or any part thereof;

(d)

any interest imposed under subsection (1) or any part thereof,and the liability of the licensee concerned to pay is not affected by its licence ceasing (for any reason) to be in force.

Amendment notes

  • [21/2010]

Section 20

Appeal to Minister

Amendment notes

  • [21/2010; 9/2014]
  • [21/2010]
  • [21/2010]

(1)

Any licensee aggrieved by

(a)

any licence condition imposed by the Authority under section 15(1)(f) or (g) or (2);

(b)

any addition, deletion or modification of the terms or conditions of its licence under section 16;

(c)

any code of practice as issued, approved or modified by the Authority under section 17;

(d)

any direction given by the Authority under section 18 or 18A;

(e)

any decision made by the Authority under section 19(1)(i), (j) or (k);

(f)

any confirmed provisional order under section 19A; or(g)the refusal of the Authority to renew its licence,may, within 14 days of the receipt of the notice relating to the relevant matter, appeal to the Minister.

Amendment notes

  • [21/2010; 9/2014]

(2)

Except as provided in subsection (3) or section 16(5) or unless the Minister otherwise directs, where an appeal is lodged by a licensee under this section, the licensee must continue to comply with any licence condition, code of practice, direction, decision, confirmed provisional order or refusal being appealed against, until the determination of the appeal.

Amendment notes

  • [21/2010]

(3)

If any such appeal is made in relation to a provision of a notice under section 19(1)(k) requiring the payment of a financial penalty and the financial penalty would be payable before the time when the appeal is determined, it need not be paid until that time.

Amendment notes

  • [21/2010]

(4)

The Minister may determine an appeal under this section by confirming, varying or reversing any decision of the Authority or by amending any licence condition, code of practice or direction affecting the licensee.

(5)

The Minister’s decision in any appeal is final.

Section 21

Authority to operate rapid transit system

If there is for any reason no licensee to operate any rapid transit system, it is the duty of the Authority to operate that rapid transit system having regard to the reasonable requirements of the land transport system in Singapore or the relevant part thereof.

Part 4

SAFETY OF RAILWAY

Section 22

Appointment of inspector

(1)

The Minister may in writing appoint any person to be an inspector for the purposes of this Part.

(2)

The powers conferred by section 23 or by any regulations made under this Act may be exercised by an inspector only

(a)

for the purpose of ensuring the safety of any railway or any part thereof; or(b)when an inspector is directed to do so pursuant to such regulations, for the purpose of investigating an accident on any part of any railway,after the railway or the part in question has commenced operation for public use.

(3)

An inspector may appoint any persons that the inspector considers necessary to assist him or her in the performance of his or her duties and may in writing authorise any such person to exercise any power conferred on the inspector by section 23 or by any regulations made under this Act for any purpose mentioned in subsection (2).

(4)

When exercising any power, an inspector or a person authorised under subsection (3) must produce to any person who requests him or her to do so evidence of his or her identity and, in the case of an inspector, of his or her appointment or, in the case of a person so authorised, of his or her authority.

Section 23

General powers of inspector

(1)

An inspector may

(a)

at all reasonable times, enter upon premises to which this subsection applies;

(b)

carry out on premises to which this subsection applies, or on any machinery, plant or equipment thereon, any tests and inspections that the inspector considers expedient;

(c)

require any person to whom this subsection applies

(i)

to do anything which the inspector reasonably considers to be necessary for facilitating any test or inspection; and(ii)to provide the inspector with any information relating to any railway or any machinery, plant or equipment connected with the railway that the inspector may specify, and to answer any question or produce for inspection any document which is necessary for that purpose; and(d)take copies of any document produced to the inspector under paragraph (c)(ii).

(2)

Subsection (1) applies to

(a)

any railway premises and the premises of any contractor or subcontractor who is carrying out or has carried out any work on the railway; and(b)any employee of the Authority, any licensee, any employee of any licensee, any contractor or subcontractor mentioned in paragraph (a) and any employee of that contractor or subcontractor.

(3)

Any person who

(a)

without lawful excuse, fails to comply with a requirement under subsection (1)(c);

(b)

knowingly furnishes to an inspector or a person authorised under section 22(3) acting under subsection (1)(c) information that is false or misleading in a material particular; or(c)obstructs an inspector or a person authorised under section 22(3) in the exercise of his or her powers under subsection (1),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.

Section 23A

Screening, etc., train passengers or entrants to railway premises

Amendment notes

  • [12/2021]
  • [12/2021]
  • [12/2021]
  • [12/2021]
  • [12/2021]
  • [12/2021]
  • [12/2021]
  • [12/2021]
  • [12/2021]

(1)

It is a condition of entry to any train or railway premises that a train passenger of the train or an entrant to those premises must, if asked by a police officer or an approved person anywhere in or in the immediate vicinity of the train or railway premises, do one or more of the following for the purpose of ensuring the security or safety of persons who are or may be on board the train or on the railway premises:

(a)

undergo any form of security screening mentioned in subsection (2);

(b)

undergo a frisk search;

(c)

permit an inspection to be made of the personal property of the train passenger or entrant;

(d)

permit a search through any bag, container or other receptacle or any garments removed in accordance with subsection (2).

Amendment notes

  • [12/2021]

(2)

To ensure the security or safety of persons who are or may be on board a train or on any railway premises, a police officer or an approved person may ask a train passenger of the train or an entrant to the railway premises to do one or more of the following:

(a)

walk through a screening detector;

(b)

pass the personal property of the train passenger or entrant through an X‑ray machine;

(c)

allow the police officer or approved person to pass a hand‑held scanner in close proximity to the personal property of the train passenger or entrant;

(d)

allow the police officer or approved person to inspect the personal property of the train passenger or entrant;

(e)

produce or empty the contents of any bag, container or other receptacle in the possession or apparently in the immediate control of the train passenger or entrant;

(f)

turn out the train passenger’s or entrant’s pockets or remove all articles from the train passenger’s or entrant’s clothing, and allow the police officer or approved person to inspect them;

(g)

remove any coat, jacket, gloves, shoes or hat or any other thing worn or carried by the train passenger or entrant, which may be conveniently removed if worn and that is specified by the police officer or approved person, and allow the police officer or approved person to inspect the coat, jacket, gloves, shoes or hat or other thing;

(h)

open an article for inspection and allow the police officer or approved person to inspect it.

Amendment notes

  • [12/2021]

(3)

To ensure the security or safety of persons who are or may be on board a train or on any railway premises, a police officer or a senior approved person may also ask a train passenger of the train or an entrant to the railway premises to do one or more of the following:

(a)

undergo a frisk search;

(b)

allow the police officer or senior approved person to pass a hand‑held scanner in close proximity to the train passenger or entrant.

Amendment notes

  • [12/2021]

(4)

To avoid doubt, a police officer or an approved person may make a request to a train passenger of a train or an entrant to a railway premises to do anything under subsection (2)(d), (e), (f), (g) or (h) if the police officer or approved person (as the case may be) reasonably considers it necessary to make such a request under that provision, whether or not the train passenger or entrant or the personal property of the train passenger or entrant has been subjected to screening or a frisk search under subsection (2)(a), (b) or (c) or (3).

Amendment notes

  • [12/2021]

(5)

Without limiting subsection (6), where any train passenger of a train or entrant to any railway premises refuses

(a)

to permit to be screened or inspected under subsection (2) or (3) by a police officer or an approved person

(i)

the personal property of the train passenger or entrant; or(ii)any bag, container or other receptacle in the possession or apparently in the immediate control of the train passenger or entrant;

(b)

to allow a police officer or an approved person under subsection (2) or (3) to pass a hand‑held scanner in close proximity to the train passenger or entrant or personal property of the train passenger or entrant; or(c)to undergo a frisk search under subsection (3) by a police officer or a senior approved person,the police officer or approved person (as the case may be) may order the train passenger or entrant (as the case may be) to immediately leave the train or railway premises and with that personal property, bag, container or receptacle, as the case may be.

Amendment notes

  • [12/2021]

(6)

An individual commits an offence if the individual, without reasonable excuse, refuses or fails to comply with any request or order of a police officer or an approved person under subsection (2), (3) or (5).

Amendment notes

  • [12/2021]

(7)

An individual who is guilty of an offence under subsection (6) shall be liable on conviction to a fine not exceeding $1,000.

Amendment notes

  • [12/2021]

(8)

However, it is not an offence under subsection (6) for any individual to refuse to comply with any request or order made or given by

(a)

a police officer who is not in uniform and who fails to declare his or her office; or(b)an approved person who fails to declare his or her office and, in the case of an outsourced enforcement officer, who also refuses to produce his or her identification card on demand being made by that individual.

Amendment notes

  • [12/2021]

(9)

In this section —

Amendment notes

  • [12/2021]

Definition

“approved person”, in relation to any train or railway premises, means any of the following individuals who is authorised by the Authority in writing to exercise any power under this section at or in relation to the train or those railway premises:

(a)

an officer or employee of the Authority;

(b)

a member of an auxiliary police force in uniform;

(c)

an employee of a licensee authorised to operate a rapid transit system using that train or railway premises;

(d)

a security officer (within the meaning of the Private Security Industry Act 2007) engaged by a licensee mentioned in paragraph (c);

(e)

an outsourced enforcement officer;

Definition

“entrant”, in relation to any railway premises, means an individual who is about to enter the railway premises, and includes an individual who is within the railway premises, whether or not a train passenger;

Definition

“frisk search” means a search of an individual conducted by quickly running the hands over the individual’s outer clothing;

Definition

“hand‑held scanner” means a device that may be passed over or around an individual or an individual’s personal property to detect metal, dangerous objects or explosive or other hazardous substances;

Definition

“identification card”, in relation to an outsourced enforcement officer, means an identification card issued under section 11(3) of the Land Transport Authority of Singapore Act 1995 to the officer;

Definition

“inspecting an article” includes handling the article, opening it and examining or moving its contents;

Definition

“personal property”, in relation to an individual, means things carried by the individual or things apparently in the immediate control of the individual, but does not include clothing being worn by the individual;

Definition

“railway premises” includes a bicycle parking facility or vehicle set down facility adjoining the railway premises;

Definition

“senior approved person”, in relation to any train or railway premises, means an approved person who is authorised by the Authority in writing to exercise any power under this section at or in relation to the train or railway premises concerned, as follows:

(a)

a member of an auxiliary police force in uniform;

(b)

a security officer (within the meaning of the Private Security Industry Act 2007) engaged by a licensee authorised to operate a rapid transit system using that train or railway premises;

(c)

an outsourced enforcement officer;

Definition

“train passenger”, in relation to any train, means an individual carried on board the train, and includes

(a)

an individual boarding or intending to board the train for the purpose of travelling on board the train as a passenger; and(b)a driver, fare collector or an inspector while carrying out work or on duty on board the train in that capacity, or intending to board the train for the purpose of carrying out that work or duty.

Amendment notes

  • [12/2021]

Section 23B

Obstructing railway premises, etc.

Amendment notes

  • [38/2018]
  • [38/2018]
  • [38/2018]
  • [38/2018]
  • [38/2018]
  • [38/2018]
  • [38/2018]
  • [38/2018]
  • [38/2018]
  • [38/2018]
  • [38/2018]
  • [38/2018]

(1)

Subject to subsection (2), a person must not cause or allow any small vehicle, article or thing to remain on

(a)

any part of the railway premises; or(b)any part of a bicycle parking facility or vehicle set down facility adjoining the railway premises,so as to create any obstruction or inconvenience to the passage of the public to, from or within the railway premises.

Amendment notes

  • [38/2018]

(2)

Subsection (1) does not apply if the obstruction or inconvenience is authorised or permitted by or under this Act or any other Act, or arises out of a lawful and reasonable use of the railway premises, bicycle parking facility or vehicle set down facility, as the case may be.

Amendment notes

  • [38/2018]

(3)

Where an approved person finds on any part of any railway premises or a bicycle parking facility or vehicle set down facility adjoining the railway premises, any small vehicle, article or thing which has been abandoned, or deposited or left to remain there in contravention of subsection (1), the approved person may move the small vehicle, article or thing, or cause it to be so removed, so that it is no longer an obstruction or inconvenience to other persons on the railway premises.

Amendment notes

  • [38/2018]

(4)

Subject to subsection (5), an approved person must not exercise a power under subsection (3) unless the approved person has taken reasonable steps to inform the owner of the small vehicle, article or thing (if known) of the approved person’s intention to exercise that power, and allowed or directed the owner to move the small vehicle, article or thing.

Amendment notes

  • [38/2018]

(5)

An approved person may immediately exercise a power under subsection (3) and move a small vehicle, article or thing, or cause it to be so removed, where the small vehicle, article or thing which has been abandoned, or deposited or left to remain in contravention of subsection (1), is causing obstruction or inconvenience to other persons on the railway premises.

Amendment notes

  • [38/2018]

(6)

For the purpose of exercising a power under subsection (3), an approved person may, with any assistance that the approved person considers necessary

(a)

move the small vehicle, article or thing by any reasonable means (including by towing it) to a holding yard and detain it there at the risk of its owner; and(b)use reasonable force, including cutting or breaking open any lock, seal, fastener or other device on or connected to the small vehicle, article or thing, as the case may be.

Amendment notes

  • [38/2018]

(7)

A person must remove any small vehicle, article or thing where directed to do so by an approved person under subsection (4).

Amendment notes

  • [38/2018]

(8)

When a small vehicle, article or thing is moved to a holding yard under this section by an approved person, the approved person must as soon as practicable give to the owner of the small vehicle, article or thing (if known) notice of

(a)

the move;

(b)

the manner by which and the time within which the owner may procure the release of the small vehicle, article or thing, which includes paying to the Authority all expenses incurred by the Authority, the licensee concerned or an approved person in moving and detaining the small vehicle, article or thing; and(c)the consequences that may follow under subsection (10) if the small vehicle, article or thing is not claimed within the time specified in the notice.

Amendment notes

  • [38/2018]

(9)

Without limiting section 37, a notice required under subsection (8) to be given to the owner of a small vehicle, article or thing may be given

(a)

by affixing it to the small vehicle, article or thing in respect of which it applies; or(b)by posting it conspicuously at or near the part of the railway premises or a bicycle parking facility or vehicle set down facility adjoining the railway premises from which the small vehicle, article or thing was removed, if the name and address of the owner of the small vehicle, article or thing are unknown or cannot be ascertained despite reasonable diligence.

Amendment notes

  • [38/2018]

(10)

If the small vehicle, article or thing is not claimed by its owner within the reasonable time specified in the notice mentioned in subsection (8), the Authority may dispose of the small vehicle, article or thing in any manner that the Authority thinks fit (including selling it).

Amendment notes

  • [38/2018]

(11)

A person

(a)

who contravenes subsection (1) or (7); or(b)who, without the authority of an approved person, removes or tampers with any notice required under subsection (8) that has been

(i)

affixed to any small vehicle, article or thing under subsection (9)(a); or(ii)posted at any part of, or at or near the part of, the railway premises or a bicycle parking facility or vehicle set down facility adjoining the railway premises under subsection (9)(b),shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000.

Amendment notes

  • [38/2018]

(12)

In this section —

Amendment notes

  • [38/2018]

Definition

“approved person”, in relation to any railway premises, means any of the following individuals who is authorised by the Authority in writing to exercise any power under this section at or in relation to those railway premises:

(a)

an officer or employee of the Authority;

(b)

an employee of a licensee;

(c)

an outsourced enforcement officer;

Definition

“small vehicle” means a bicycle, power-assisted bicycle, personal mobility device, mobility scooter or wheelchair.

Amendment notes

  • [38/2018]

Section 24

Minister may order defects to be remedied

(1)

Where in the Minister’s opinion

(a)

the condition of any part of any railway which has been brought into operation or of any machinery, plant or equipment of such part; or(b)the manner in which any railway or any part thereof is being operated,is such as to cause, or to be likely to cause, a risk of injury to any person, the Minister may, by written order, direct the Authority or a licensee (whichever is the relevant party) or both the Authority and the licensee, to carry out the work, or to take the steps, that the Minister may specify in the order to ensure that the condition of the railway, or of the part of the machinery, plant or equipment in question, or the manner of operation will cease to constitute such a risk.

(2)

An order under subsection (1) may specify the time before which the Authority or licensee or both (as the case may be) must commence to carry out the specified work or take the specified steps and the time by which the same must be completed.

(3)

The Authority or licensee which fails, without reasonable excuse, to comply with an order made under this section shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 and, in the case of a continuing offence, to a further fine of $500 for every day during which it is proved to the court that the failure to comply with the order has continued without reasonable excuse.

(4)

Any copy of a document which purports to be an order signed by the Minister for the purposes of subsection (1)

(a)

is to be admitted in evidence in proceedings for an offence under subsection (3) on its production without further proof; and(b)is evidence of the Minister’s opinion and of the other matters contained therein.

Section 25

Offence of wilfully endangering safety

Any person who wilfully does or omits to do anything in relation to any railway as a result of which the safety of any person travelling or being upon the railway is endangered, or is likely to be so endangered, 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 5 years or to both.

Section 26

Damage to railway or railway premises

Any person who wilfully removes, destroys or damages any railway or railway premises or any part thereof shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $200,000 or to imprisonment for a term not exceeding 12 months or to both.

Section 27

Compensation for damaging railway or railway premises

(1)

Any person who removes, destroys or damages, whether wilfully or otherwise, any railway or railway premises or any part thereof shall, in addition to any penalty for which the person is liable for an offence under this Act, be liable to pay compensation for the damage the person has done and the compensation shall be recoverable by civil action or suit before any court of competent jurisdiction.

(2)

Subject to subsection (1), any court before which a person is charged with an offence under this Act may assess the compensation payable under this section and may make an order for the payment of the same.

(3)

Any order made under subsection (2) may be enforced as if it were a judgment in a civil action or suit.

Part 4A

RAILWAY ADMINISTRATION ORDERS

Section 27A

Meaning and effect of railway administration orders

Amendment notes

  • [21/2010]
  • [21/2010]
  • [21/2010]
  • [21/2010; 40/2018]

(1)

A railway administration order is an order of the Minister made in accordance with section 27B in relation to a licensee that is a company and directing that, during the period for which the order is in force, the affairs, business and property of the licensee must be managed by a person appointed by the Minister

(a)

for the achievement of all or any of the purposes of the order; and(b)in a manner which protects the respective interests of the members, creditors and customers of the licensee.

Amendment notes

  • [21/2010]

(2)

A railway administration order made in relation to any licensee that is a company must be for any of the following purposes:

(a)

the safety, security and continuity of the supply of railway passenger services and facilities relating to the rapid transit system specified in its licence;

(b)

the survival of the company, or the whole or part of its undertaking as a going concern;

(c)

the transfer to another person, or (as respects different parts of its undertaking) to 2 or more different persons, as a going concern, of so much of the company’s undertaking as it is necessary to transfer in order to ensure that the functions which have been vested in the company by virtue of its licence may be properly carried out;

(d)

the carrying out of those functions pending the making of the transfer of those functions in the other person or persons, including but not limited to

(i)

requiring the company immediately to take any action or to do or not to do any act or thing in relation to its business as the Minister may consider necessary; and(ii)appointing a person to advise the company in the proper conduct of its business.

Amendment notes

  • [21/2010]

(3)

The Minister may at any time (whether or not the appointment of the person has terminated) fix the remuneration and expenses to be paid by a company which is a licensee to any person appointed by the Minister under a railway administration order to advise the company in the proper conduct of its business.

Amendment notes

  • [21/2010]

(4)

The Minister may, by rules in the Gazette, give effect to this Part, including making provision for applying, omitting or modifying provisions of the Insolvency, Restructuring and Dissolution Act 2018 where a railway administration order is made.

Amendment notes

  • [21/2010; 40/2018]

Section 27B

Railway administration order, etc., made on application by Authority

Amendment notes

  • [21/2010]
  • [21/2010]
  • [21/2010]
  • [21/2010]
  • [21/2010; 40/2018]

(1)

If, on an application made to the Minister by the Authority, the Minister is satisfied in relation to any company that is a licensee that any one or more of the grounds specified in subsection (2) is satisfied in relation to that company, the Minister may make a railway administration order in relation to that company.

Amendment notes

  • [21/2010]

(2)

The grounds mentioned in subsection (1) are, in relation to any company that is a licensee of a rapid transit system

(a)

that there has been, is or is likely to be a contravention by the company of the conditions of its licence or this Act that is serious enough to make it inappropriate for the company to continue to hold the licence to operate that rapid transit system;

(b)

that the company is or is likely to be unable to pay its debts;

(c)

that the Minister considers it in the interest of the safety, security and continuity of the provision of railway passenger services relating to that rapid transit system; or(d)that the Minister otherwise considers it in the public interest.

Amendment notes

  • [21/2010]

(3)

Notice of any application under subsection (1) must be given immediately by the Authority to the persons and in the manner prescribed.

Amendment notes

  • [21/2010]

(4)

Any decision of the Minister under subsection (1) is final.

Amendment notes

  • [21/2010]

(5)

For the purposes of this section, a company is unable to pay its debts if it is a company which is deemed to be so unable under section 125(2) of the Insolvency, Restructuring and Dissolution Act 2018.

Amendment notes

  • [21/2010; 40/2018]

Section 27C

Scheme for transfer of property, rights and liabilities from existing licensee to new licensee

Where a railway administration order is made in relation to a licensee that is a company (called the existing licensee) and it is proposed that, on or after a date appointed in the railway administration order, another company (called the new licensee) should operate the rapid transit system that the existing licensee is authorised to operate, in place of the existing licensee

(a)

the existing licensee, acting with the consent of the new licensee and, in respect of matters affecting them, of any other licensees, may make a scheme, in accordance with prescribed requirements, for the transfer of property, rights and liabilities from the existing licensee to the new licensee;

(b)

any such scheme does not take effect unless it is approved by the Authority;

(c)

the Authority may, with the consent of the new licensee, of the existing licensee and, in respect of matters affecting them, of any other licensees, modify any such scheme before approving it;

(d)

it is the duty of the new licensee, the existing licensee and of any other licensees to provide the Authority with all such information and other assistance as the Authority may reasonably require for the purposes of, or in connection with, the exercise of any power conferred under this section;

(e)

the property, rights and liabilities of the existing licensee that are capable of being transferred in accordance with any such scheme include

(i)

property, rights and liabilities that would not otherwise be capable of being transferred or assigned by the existing licensee;

(ii)

such property, rights and liabilities to which the existing licensee may become entitled or subject after the making of the scheme and before the day the railway administration order is discharged;

(iii)

property situated anywhere in Singapore or elsewhere; and(iv)rights and liabilities under the law of Singapore or of any country or territory outside Singapore;

(f)

any such scheme for the transfer of the existing licensee’s property, rights and liabilities may, where appropriate

(i)

create for the existing licensee, the new licensee or any other licensees an interest in or right over any property to which the scheme relates;

(ii)

create new rights and liabilities as between any 2 or more of those licensees; and(iii)provide for a licence held by an existing licensee to have effect as if it had been granted to the new licensee; and(g)any such scheme for the transfer of the existing licensee’s property, rights and liabilities has, upon its coming into force, effect in accordance with its provisions and without further assurance, so as to transfer the property, rights and liabilities to which the scheme relates to the new licensee.

Amendment notes

  • [21/2010]

Section 27D

Restrictions on voluntary winding up, etc.

Amendment notes

  • [21/2010; 40/2018]
  • [40/2018]

(1)

Despite the provisions of any other written law, where a company is a licensee

(a)

the company must not be wound up voluntarily without the consent of the Authority;

(b)

no judicial manager may be appointed under Part 7 of the Insolvency, Restructuring and Dissolution Act 2018 in relation to the company;

(c)

no step may be taken by any person to enforce any security over the company’s property except where that person has served 14 days’ notice of that person’s intention to take that step on the Authority; and(d)no application under section 210 of the Companies Act 1967 or section 71 of the Insolvency, Restructuring and Dissolution Act 2018 may be made by any person in relation to the company, unless that person has served 14 days’ written notice of that person’s intention to make the application on the Authority.

Amendment notes

  • [21/2010; 40/2018]

(2)

The Authority must be a party to

(a)

any proceedings under the Insolvency, Restructuring and Dissolution Act 2018 relating to the winding up of the affairs of a company that is a licensee; or(b)any proceedings relating to the making of an order under section 210 of the Companies Act 1967 or section 71 of the Insolvency, Restructuring and Dissolution Act 2018 in relation to a company that is a licensee.

Amendment notes

  • [40/2018]

Part 5

PART 5

Section 28

[Omitted as spent]

Repealed or deleted provision retained from SSO.

Section 29

[Omitted as spent]

Repealed or deleted provision retained from SSO.

Section 30

[Omitted as spent]

Repealed or deleted provision retained from SSO.

Section 31

[Omitted as spent]

Repealed or deleted provision retained from SSO.

Section 32

[Omitted as spent]

Repealed or deleted provision retained from SSO.

Section 33

[Omitted as spent]

Repealed or deleted provision retained from SSO.

Section 34

[Omitted as spent]

Repealed or deleted provision retained from SSO.

Section 35

[Omitted as spent]

Repealed or deleted provision retained from SSO.

Part 6

MISCELLANEOUS

Section 36

No remedy except under Land Transport Authority of Singapore Act 1995

No action, claim or proceedings shall lie or be brought against the Authority or any other person

(a)

to restrain the doing of anything which is authorised by or under this Act or to compel the doing of anything which may be omitted to be done thereunder; 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 Authority,which is authorised by or under this Act or arises from any act or omission so authorised, except pursuant to one of the rights to compensation provided for in the Land Transport Authority of Singapore Act 1995.

Section 37

Service of documents

Amendment notes

  • [38/2018]
  • [38/2018]
  • [38/2018]
  • [38/2018]
  • [38/2018]
  • [38/2018]
  • [38/2018]
  • [38/2018]

(1)

A document that is permitted or required by or under this Act, or any regulations made under this Act, to be served on a person may be served as described in this section.

Amendment notes

  • [38/2018]

(2)

A document may be served on an individual

(a)

by giving it to the individual personally;

(b)

by sending it by prepaid registered post to the address specified by the individual for the service of documents or, if no address is so specified, the individual’s residential address or business address;

(c)

by leaving it at the individual’s residential address with an adult person apparently residing there, or at the individual’s business address with an adult person apparently employed there;

(d)

by affixing a copy of the document in a conspicuous place at the individual’s residential address or business address;

(e)

by sending it by fax to the fax number given by the individual as the fax number for the service of documents under this Act;

(f)

by sending it by email to the individual’s email address;

(g)

by giving an electronic notice to the individual by the individual’s chosen means of notification, stating that the document is available and how the individual may use the individual’s chosen means of access to access the document’s contents; or(h)by any other method authorised by regulations made under section 45 for the service of documents of that kind if the individual consents (expressly or impliedly) to service of a document of that kind in that way.

Amendment notes

  • [38/2018]

(3)

A document may be served on a partnership (other than a limited liability partnership)

(a)

by giving it to any partner or other like officer of the partnership;

(b)

by leaving it at, or by sending it by prepaid registered post to, the partnership’s business address;

(c)

by sending it by fax to the fax number used at the partnership’s business address;

(d)

by sending it by email to the partnership’s email address;

(e)

by giving an electronic notice to the partnership by the partnership’s chosen means of notification, stating that the document is available and how the partnership may use the partnership’s chosen means of access to access the document’s contents; or(f)by any other method authorised by regulations made under section 45 for the service of documents of that kind if the partnership consents (expressly or impliedly) to service of a document of that kind in that way.

Amendment notes

  • [38/2018]

(4)

A document may be served on a body corporate (including a limited liability partnership) or an unincorporated association

(a)

by giving it to the secretary or other like officer of the body corporate or unincorporated association, or the limited liability partnership’s manager;

(b)

by leaving it at, or by sending it by prepaid registered post to, the body corporate’s or unincorporated association’s registered office or principal office in Singapore;

(c)

by sending it by fax to the fax number used at the body corporate’s or unincorporated association’s registered office or principal office in Singapore;

(d)

by sending it by email to the body corporate’s or unincorporated association’s email address;

(e)

by giving an electronic notice to the body corporate or unincorporated association by the body corporate’s or unincorporated association’s chosen means of notification, stating that the document is available and how the body corporate or unincorporated association (as the case may be) may use its chosen means of access to access the document’s contents; or(f)by any other method authorised by regulations made under section 45 for the service of documents of that kind if the body corporate or unincorporated association (as the case may be) consents (expressly or impliedly) to service of a document of that kind in that way.

Amendment notes

  • [38/2018]

(5)

Service of a document on a person under this section takes effect

(a)

if the document is sent by fax and a notification of successful transmission is received, on the day of the transmission;

(b)

if the document is sent by email, at the time that the email becomes capable of being retrieved by the person; and(c)if the document is sent by prepaid registered post, on the second day after the day the document was posted (even if it is returned undelivered).

Amendment notes

  • [38/2018]

(6)

However, service of any document under this Act, or any regulations made under this Act, on a person by email or by an electronic notice at the person’s chosen means of notification may be effected only with the person’s prior consent (express or implied) to service in that way.

Amendment notes

  • [38/2018]

(7)

This section does not apply to documents to be served in proceedings in court for an offence or other matter under this Act or any regulations made under this Act.

Amendment notes

  • [38/2018]

(8)

In this section —

Amendment notes

  • [38/2018]

Definition

“business address” means

(a)

in the case of an individual, the individual’s usual or last known place of business in Singapore; and(b)in the case of a partnership (other than a limited liability partnership), the partnership’s principal or last known place of business in Singapore;

Definition

“chosen means of access”, for an addressee on whom is or is to be served a document permitted or required by this Act, or any regulations made under this Act, means an electronic means the addressee agrees with the person giving or serving the document as the means by which the addressee may access that document’s contents;

Definition

“chosen means of notification”, for an addressee on whom is or is to be served a document permitted or required by this Act, or any regulations made under this Act, means an electronic means that the addressee nominates to the person giving or serving the document as the means by which the addressee may be notified that such a document has been served on the addressee;

Definition

“email address” means the last email address given by the addressee concerned as the email address for the service of documents under this Act, or any regulations made under this Act;

Definition

“residential address” means an individual’s usual or last known place of residence in Singapore.

Amendment notes

  • [38/2018]

Section 38

Certain statements to be conclusive

Where it is stated by the Authority in a notice under section 5, 8, 9, 10 or 11 that the entry or the work therein described or required to be carried out is, in the opinion of the Authority, necessary or required for the construction, operation, maintenance or improvement of any railway, then such statement is to be accepted by all courts, tribunals and persons as conclusive evidence of the truth of the fact so stated.

Section 39

Power to require evidence of identity in certain cases

(1)

Any police officer or employee of the Authority who reasonably believes that any person has committed an offence under this Act may require the person to furnish evidence of his or her identity and the person must then furnish such evidence of his or her identity as may be required by the police officer or employee of the Authority.

(2)

Any person who refuses to furnish any information required of the person by any police officer or any employee of the Authority under subsection (1) or wilfully misstates that information shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $500.

Section 40

Powers of arrest

(1)

A police officer, or any employee of the Authority generally or specially authorised in writing by the Chief Executive of the Authority, may arrest without warrant any person found committing or whom he or she has reason to believe has committed an offence punishable under this Act.

(2)

A person arrested under subsection (1) must not be detained longer than is necessary for bringing the person before a court unless the order of court for the person’s continued detention is obtained.

Section 41

Authorised employees of licensee, etc., to exercise certain powers of Authority’s employees

Amendment notes

  • [38/2018]
  • [38/2018]

(1)

The Authority may, with the approval of the Minister, in writing authorise any licensee or employee of a licensee to exercise all or any of the powers of an employee of the Authority under this Act subject to such conditions or limitations as the Authority may specify.

Amendment notes

  • [38/2018]

(2)

This section does not affect the operation of sections 11 and 11A of the Land Transport Authority of Singapore Act 1995, and the authorisation under those sections of outsourced enforcement officers to exercise all or any of the powers of an employee of the Authority under this Act (but not powers under section 23B).

Amendment notes

  • [38/2018]

Section 41A

Protection from personal liability

No liability shall lie against any member, officer or employee of the Authority or any other person acting under the direction of the Authority for anything done or intended to be done with reasonable care and in good faith in the execution or purported execution of this Act.

Amendment notes

  • [38/2018]

Section 42

Jurisdiction of courts

Despite the provisions of any written law to the contrary, a District Court or a Magistrate’s Court has jurisdiction to try any offence under this Act and award the full punishment for such offence.

Section 43

Offences committed by body corporate

Where a body corporate is guilty of an offence under this Act and that offence is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or any person who was purporting to act in any such capacity, he or she, as well as the body corporate, shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

Section 44

Composition of offences

Amendment notes

  • [21/2010]
  • [21/2010]
  • [25/2020]

(1)

The Chief Executive, or any officer of the Authority who is authorised by the Chief Executive, may compound any offence under this Act which 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.

Amendment notes

  • [21/2010]

(2)

On payment of the sum of money, no further proceedings are to be taken against that person in respect of the offence.

Amendment notes

  • [21/2010]

(3)

The Authority may, with the approval of the Minister, make regulations prescribing the offences which may be compounded.

(4)

All sums collected under this section must be paid into the Consolidated Fund.

Amendment notes

  • [25/2020]

Section 45

Regulations

Amendment notes

  • [21/2010; 38/2018]
  • [38/2018]

(1)

The Authority may, with the approval of the Minister, make regulations for or in respect of every purpose which is considered by the Authority necessary or expedient for carrying out the provisions of this Act.

(2)

Without limiting subsection (1), the Authority may make regulations for all or any of the following purposes:

(a)

controlling and regulating

(i)

the maintenance and operation of any railway;

(ii)

the work and conduct of the employees of the Authority;

(iii)

the conduct of members of the public using a railway or on railway premises;

(iv)

a system for evidencing (whether by the issue of tickets or otherwise) the payment of fares on a railway and any contract of carriage of passengers thereon;

(v)

advertising on railway premises;

(vi)

the custody and disposal of property found on railway premises; and(vii)any activity which may damage a railway or railway premises or may endanger the safety of any person travelling on or upon the railway or railway premises;

(b)

providing for the safety of persons using or engaged in work on any railway;

(c)

prescribing the terms and conditions relating to the use of railway premises;

(d)

protecting the property of the Authority on railway premises;

(da)

providing (with respect to cases in which, pursuant to a railway administration order under Part 4A, another company is to carry on all or any of the activities of a licensee in place of an existing licensee) all supplemental, consequential and transitional provisions for the purposes of, or in connection with, the provisions for the transfer or any other provision made by a scheme mentioned in section 27C;

(e)

investigation and notification of accidents;

(f)

prescribing the powers and duties of inspectors appointed for the purposes of Part 4 for the administration and enforcement of that Part; and(g)prescribing the fees to be paid in connection with the administration of this Act, and the waiver, reduction or refund of fees charged.

Amendment notes

  • [21/2010; 38/2018]

(3)

In subsection (2)(a)(iii), (v), (vi) and (vii), (c) and (d), “railway premises” includes a bicycle parking facility or vehicle set down facility adjoining those railway premises.

Amendment notes

  • [38/2018]

(4)

The Authority may, in making any regulations, provide that any contravention of, or failure or neglect to comply with, any regulations shall be an offence and may prescribe the fine with which such offence shall be punishable but so that no such fine shall exceed for any one offence the sum of $5,000 and, in the case of a continuing offence, a further sum of $100 for every day or part of a day during which the offence continues after conviction.

Section 45A

Exemption

The Authority may, with the approval of the Minister, by order in the Gazette, exempt any person from all or any of the provisions of this Act.

Amendment notes

  • [21/2010]

Section 46

Transitional provisions

Any railway set up under the repealed Act is deemed to constitute or form part of a rapid transit system set up under this Act.[47