Street Works Act 1995

“accredited checker” means a person who is registered as an accredited checker under section 16 of the Building Control Act 1989;

“annual value” has the meaning given by the Property Tax Act 1960;

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

“backlane” includes

“bridge” includes any flyover, overpass and viaduct;

“building” means any permanent or temporary building and includes any structure or erection of whatever kind or nature (whether permanent or temporary) and in particular

“Chief Executive” means the Chief Executive of the Authority;

“Commissioner of Building Control” means the Commissioner of Building Control appointed under section 3 of the Building Control Act 1989;

“competent authority” means any person who is appointed under section 5 of the Planning Act 1998 for the purposes of Part 3 of that Act;

“dwelling house” includes a building or tenement wholly or principally used, constructed or adapted for use for human habitation;

“footway” includes any footpath, verandah‑way, open or covered walkway, pedestrian mall, plaza, square, and other related structures and facilities;

“holding” means any piece or parcel of land held or possessed under an instrument of title, capable of being registered under the Registration of Deeds Act 1988, or where applicable under the Land Titles Act 1993, relating exclusively thereto;

“house” includes any dwelling house, warehouse, office, shop, school and any other building in which persons are employed;

“key structural elements” means culverts, retaining walls, bridges and such other parts of a street which are essential for the stability or safety of the street;

“occupier”, in relation to any premises, means the person in occupation of the premises or having the charge, management or control thereof either on the person’s own account or as agent of another person, but does not include a lodger;

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

“owner”, in relation to any premises, means the person for the time being receiving the rent of the premises whether on the person’s own account or as agent or trustee for any other person or as receiver or who would receive the rent if the premises were let to a tenant, and includes the person whose name is entered in the Valuation List prepared under section 10 of the Property Tax Act 1960;

“premises” includes buildings, lands, easements and hereditaments of any tenure;

“private footway” means any footway that is not vested in the Government and that

“private street” means any street not being a public street;

“public bridge” means a bridge which carries a public street;

“public street” means any street over which the public has a right of way and which has become vested in the Government under this Act or the repealed Act, or in any other manner;

“repealed Act” means the repealed Local Government Integration Act (Cap. 166, 1985 Revised Edition);

“road related facility” includes any traffic sign, directional sign, street name sign, traffic light, bus shelter, place for the parking of bicycles, power-assisted bicycles or personal mobility devices, railing, lighting apparatus and any optical, electronic, communication, monitoring or computerised equipment necessary for the control and management of traffic, and any other road related structure and facility maintained by the Authority;

“road structure” includes any bridge, underpass, tunnel, earth retaining wall and ancillary buildings;

“street” includes

“street works” includes works of levelling, paving, metalling, flagging, kerbing, channelling, draining, lighting, laying of cables and mains and other utility services and otherwise the making good of a street or part of the street;

“tunnel” means a tunnel which carries a public street or utilities;

“utilities” includes water pipes, gas pipes, sewer pipes, drainage facilities, electricity cables, telecommunication cables and any other pipes, cables and their related apparatuses;

“utility works” includes works of

The Authority is responsible for the management, maintenance and repair of all public streets, including the footways and road related facilities thereof (but not channels, drains, ditches and reserves abutting a street), and for the general administration of this Act.

The Authority may, subject to such conditions or restrictions as it thinks fit, appoint public officers and officers employed by other statutory bodies to carry out any of its powers, functions and duties under this Act.

The Authority, with the Minister’s approval, may

Despite subsection (1), the Minister’s approval is not required if the works to be carried out are confined within the existing width of any public street.

The exercise of any power under this Act for a purpose in subsection (1) is subject to Part 2 of the Active Mobility Act 2017 if the public street is or is to be a public path under that Act.

Where the Authority is of the opinion that the carrying out of any activity on any land adjoining a public street has caused or is likely to cause the public street or any part thereof to be in a dangerous or defective condition, the Authority or any person authorised by the Authority may

If the person who is liable to pay costs and expenses to the Authority under subsection (1)(b) is dissatisfied with the amount or apportionment thereof, the person may appeal to the Minister whose decision is final.

Any person who contravenes or fails to comply with a notice served on the person or an order given to the person under subsection (1) shall be guilty of an offence and shall be liable on conviction

The certificate of the Authority stating that it is of the opinion that the person named in the certificate is responsible for causing a public street or part thereof to be in a dangerous or defective condition is conclusive evidence for the purpose of any prosecution under this section.

In this section, “activity” includes any excavation or construction works.

A person must not carry out any engineering works within the road structure safety zone unless the person has obtained the prior approval of the Authority.

An application to the Authority for its approval under subsection (1)

A person who contravenes subsection (1) 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 not exceeding $100 for every day or part of a day during which the offence continues after conviction.

In this section —

“engineering plan”, in relation to engineering works, includes detailed plans of the engineering works, monitoring equipment and instrumentation and other relevant information proposed for use to monitor the structural integrity of the road structure;

“engineering works” means any kind of construction work that is likely to affect the structural integrity of any road structure and the safety of its operations, and includes

“road structure safety zone” means that part of the land or area which is 20 metres from the outermost edge of any part of a road structure.

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

The Authority or any 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 to every owner and occupier of the land.

A notice mentioned in subsection (2) must

The ownership of anything is not altered by reason only that it is placed in, under or over any land in exercise of a right conferred upon the Authority by this section.

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 the agent’s or employee’s authority shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000.

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 on, under or over the land.

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 maintenance of any street or the operation or maintenance of any road structure or road related facility, enter upon such land within the area as described in the notice, not being State land, 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.

A notice of creation of a right under this section must

Any right referred to in a notice of creation of a right under this section is limited to a right conferring such rights and powers as are necessary or convenient for the maintenance of the street or the operation or maintenance of the road structure or road related facility (as the case may be) and for all purposes connected with or incidental to that operation or maintenance.

Where the Authority or any person authorised by the Authority (called in this section the authorised person) has constructed, installed or improved any road related facility in, under or over any State land under section 7, the Authority or authorised person, after giving 21 days’ notice to the occupier of, or to every person having any estate, right, share or interest in, any land adjoining such State land, may install such meter boards, electrical meters and other accessories as may be necessary on the land and tap utilities for the purpose of and incidental to the operation and maintenance of the road related facility.

Where the Authority or an authorised person has constructed, installed or improved any road related facility in, under or over any land or part thereof not being State land under section 9, the Authority or authorised person, after giving 21 days’ notice to the occupier of, or to every person having any estate, right, share or interest in, such land, may install such meter boards, electrical meters and other accessories as may be necessary on the land and tap utilities for the purpose of and incidental to the operation and maintenance of the road related facility.

Every meter board, electrical meter and other accessory installed under this section must comply with such standards as are determined by the Energy Market Authority of Singapore established under section 3 of the Energy Market Authority of Singapore Act 2001.

The Authority must pay the electricity supplier such amount as may be indicated on the electrical meters installed under this section.

Despite subsections (1), (2) and (4), if no meter board, electrical meter or other accessory is installed on any land or part thereof that is not State land, the Authority must, on a monthly basis, pay the electricity supplier such amount as is determined in accordance with the formula where

Any person who is dissatisfied with the decision of the Authority under subsection (1) or (2) may, within 14 days of the notice, appeal to the Minister whose decision is final.

In this section, “electricity supplier” means a person who is licensed to supply electricity under any written law for the time being relating to the supply of electricity.

The owner of any land temporary possession of which is or has been taken in accordance with section 9 may, by written notice given to the Authority, request the Government to acquire under the Land Acquisition Act 1966

If there is more than one owner of the land concerned, the notice under this section must be given by all the owners.

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

For the purposes of this section and section 11A, land (called A land) is related to other land temporary possession of which is or has been taken in accordance with section 9 (called in this section and section 11A the temporarily occupied land) if the A land is the remainder of a parcel of land part of which is the temporarily occupied land.

In this section and section 11A —

“owner”, in relation to any land, means

“parcel of land” means the whole area of land that

Upon the Authority receiving a notice under section 11(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.

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 11(1) with the following exceptions, modifications and adaptations:

All compensation for the acquisition under the Land Acquisition Act 1966 of any land that is the subject of a notice under section 11(1) is to be paid out of the funds of the Authority.

The Authority or any person authorised by the Authority may enter any land or building situate wholly or partly within the street reserve or wholly or partly within 100 metres thereof in order to carry out

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 notice of entry mentioned in subsection (2)

In subsection (1), “work of a preventive or remedial nature” means the underpinning or strengthening of any land or building and any other work thereon that is intended to render it reasonably safe or to repair or detect damage caused in the course of the construction or improvement of any street or the construction, installation, improvement or removal of any road structure or road related facility, as the case may be.

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.

The Authority or any person authorised by the Authority may as the occasion requires enter and re‑inspect and survey any land or building in respect of which any of the powers contained in subsection (1) has been exercised and may, in relation to that land or building, exercise those powers as often as the occasion may require.

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.

The Authority may give notice to the owner of any land or building in the street reserve requiring that 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 street.

A notice under subsection (1) may be given to the owner of any 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.

A notice under subsection (1) must

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 such other persons as 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.

Where the Authority intends to construct any new street or to widen, open, enlarge or otherwise improve any existing street, the Authority may

Any plan prepared by the Authority under this section must comply with the requirements of the Land Titles Act 1993 in respect of registered land and of the Registration of Deeds Act 1988 in respect of other lands and must show thereon the premises which will vest in the Government.

The declaration referred to in subsection (1) must be published in the Gazette.

Where any street reserve that has become vested in the Government under this section comprises premises included in separate lots already set aside as part of a street reserve, the declaration must be registered against those lots

Where any street reserve that has become vested in the Government under this section comprises premises included in an existing lot or existing lots

Upon such registration, the premises forming the street reserve vest in the Government free from all encumbrances and where the premises are held under a statutory land grant, such vesting is not to be deemed to create a subdivision within the meaning of the State Lands Act 1920.

No compensation is payable for any premises vested in the Government pursuant to this section.

When the Authority has pursuant to this section registered any instrument, the Authority may take possession of the premises described in the instrument and may proceed to demolish and remove any building or portion of any building forming part thereof.

Where the Authority intends to construct any new street or to widen, open, enlarge or otherwise improve any existing street, the Authority may recover the costs and expenses of acquiring the land for, and of

The Authority must prepare an estimate of the costs and expenses of the street works to be apportioned among

If the owner of any such premises is dissatisfied with the Authority’s apportionment of costs and expenses, that owner may, within 14 days from the date of service of the notice, appeal to the Minister whose decision is final.

The apportionment of costs and expenses of street works among the owners of the premises fronting, adjoining or abutting on the street in respect of which the costs and expenses are to be incurred must, unless the Authority otherwise decides, be apportioned according to the frontage of the respective premises; but the Authority may, if it thinks fit, decide that in settling the apportionment regard must be had to the following considerations:

The Authority may, in any estimate of the costs and expenses of street works, include such reasonable charges in respect of surveys, superintendence and publication and service of notices as it may from time to time determine.

The Authority may, if it thinks fit, pay the whole or any part of the costs and expenses of the street works, and the payment of part of the costs and expenses by the Authority may be made in such a manner as wholly to relieve the owner of any particular premises to the exclusion of other owners or to relieve that owner to a greater extent than other owners.

Where the street works have been completed by the Authority and the costs and expenses thereof ascertained

If the costs and expenses incurred in executing the street works as shown in the final apportionment exceed the estimated costs and expenses, the owner may, within 14 days from the date of service of the notice, appeal to the Minister whose decision is final.

For the purposes of this section, the construction of a new street may include the widening, opening, enlarging or otherwise improving of any part or parts of any existing private street for the purpose of constructing the new street.

Where the Authority intends to make up, pave, widen, open, enlarge or otherwise improve any existing private street, the Authority may recover the costs and expenses of acquiring the land for, and of making up, widening, opening, enlarging or otherwise improving the private street (as the case may be) from the owners of the premises

The Authority must cause to be prepared

In such a provisional apportionment of the costs and expenses of the street works, the apportionment of costs and expenses among the owners of the premises fronting, adjoining or abutting on the private street or part thereof in respect of which the costs and expenses are to be incurred must, unless the Authority otherwise decides, be apportioned according to the frontage of the respective premises; but the Authority may, if it thinks fit, decide that in settling the apportionment regard must be had to the following considerations:

The Authority may, in any estimate of the costs and expenses of street works, include such reasonable charges in respect of surveys, superintendence and publication and service of notices as it may from time to time determine.

During one month from the date of the service of the notice, the plans, specifications, estimate and provisional apportionment prepared under subsection (2) must be open to inspection by or on behalf of

The Authority may, if it thinks fit, pay the whole or any part of the costs and expenses of the street works and if it decides so to pay any part of those costs and expenses

The Authority may from time to time amend the plans, specifications, estimate and provisional apportionment of any street works, but if by reason of such an amendment the estimate in respect of any private street or part thereof is increased or the provisional apportionment of the costs and expenses of the street works on any premises is increased

During the period of one month mentioned in subsection (5), the owner of any premises shown in the provisional apportionment or amended provisional apportionment as liable to be charged with any part of the costs and expenses of executing the street works may, by written notice duly served upon the Authority, object to the execution of the proposed street works and to the plans, specifications, estimate and provisional apportionment or any or more of them or to any amendment thereof pursuant to subsection (7) on any one or more of the following grounds:

Objections may be made in writing and in accordance with the prescribed procedure and after valid objections have been inquired into and the persons making them have been allowed an opportunity of being heard in accordance with the prescribed procedure, the Authority may confirm or amend the plans, specifications, estimate and provisional apportionment.

The plans, specifications, estimate and provisional apportionment so confirmed or amended must be open to inspection by the persons referred to in subsection (5) during the usual office hours at the office of the Authority and written notice stating that they are open to inspection must forthwith be published in the Gazette and in such other manner as the Authority may determine.

Any person who is dissatisfied with the decision of the Authority may, within 14 days of the publication of the notice under subsection (10), appeal to the Minister whose decision is final.

If such street works

Where the street works have been completed by the Authority and the costs and expenses thereof as incurred by the Authority ascertained

If the costs and expenses incurred in executing the street works as shown in the final apportionment exceed the estimated costs and expenses, the owner may, within 14 days from the date of the notice, appeal to the Minister whose decision is final.

Where street works have been executed to the satisfaction of the Authority under this Part in respect of a private street or part thereof, then on the requisition

The declaration referred to in subsection (15) must be published in the Gazette.

Where a private street or part thereof that is declared to be a public street and to be vested in the Government comprises separate lots already set aside as part of a street, the declaration must be registered against those lots

Where a private street or part thereof that is declared to be a public street and to be vested in the Government comprises premises included in an existing lot or existing lots

Upon such registration, the premises forming the street vest in the Government free from all encumbrances and where the premises are held under a statutory land grant such vesting is not deemed to create a subdivision within the meaning of the State Lands Act 1920.

A person must not carry out any works on any public street, public bridge or on any street which is to be declared public unless the person has obtained the prior approval of the Authority.

An application to the Authority for its approval under subsection (1)

The Authority may give written directions to the person submitting the application with regard to all or any of the following particulars:

Where in the opinion of the Authority any works have been carried out in contravention of the provisions of this Act or any regulations made under this Act, the Authority may by written order require

An order made under subsection (4) must be served on the owner of the works and the person carrying out the works.

If an order made under subsection (4) is not complied with, the Authority may

Neither the Authority nor the Government shall be liable to make good any damage caused to or any loss of goods or property as a result of any work carried out under subsection (6).

Without prejudice to the rights of the Authority to exercise its powers under subsection (6), if any person on whom an order made under subsection (4) is served fails to comply with the order, that person shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $100,000 and, in the case of a continuing offence, to a further fine not exceeding $1,000 for every day during which the offence continues after conviction.

The Authority may levy a charge on the person who carries out works on public streets or public bridges or any street which is to be declared public.

The charge must be determined in accordance with such rate and method of calculation as may be prescribed.

The Authority may require the person who made the application under subsection (1) to make a deposit before commencing any work.

If the works are not executed to the satisfaction of the Authority in any case where a deposit has been made under subsection (11), the Authority may, at any time after the service of a notice, execute or cause any works to be properly carried out and the costs and expenses of any works executed or caused to be carried out by the Authority are to be recovered from the deposit made under that subsection.

Every person who intends to construct any new street must give written notice thereof to the Authority, accompanied by

The Authority must not approve the detailed plans of any new street unless

The Authority may give written directions to the person submitting a plan for a new street with regard to any of the following particulars:

The person to whom any such written directions are so given must amend the plan accordingly.

The person whose plan has been approved by the Authority and each successor in title of that person, so far as the street lies in the land acquired by that person, must lay out the new street and demarcate its boundaries by such boundary stones or other marks as are considered sufficient by the Authority to denote the length, width and alignment of the street.

If the new street has not been laid out and demarcated within the period of 6 months from the date when the plan was approved by the Authority, the Authority or any officer authorised by the Authority may enter upon the land and demarcate the boundaries of the new street at the expense of the person whose plan has been approved or of the person’s successor in title.

Any person who removes, defaces or injures any stone or mark set to denote the length, width or alignment of such new street shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000.

The person whose plan has been approved by the Authority or the person’s successor in title so far as the street lies in the land acquired by the successor must, if that person or that person’s successor in title constructs the new street, construct it in accordance with the plans approved by the Authority within such period as may be specified in the approval.

The Authority may renew its approval under subsection (8) for such period as it may consider necessary.

Where a person

Where any new street is stated to be intended for foot traffic only, the Authority may impose such conditions as it thinks fit for ensuring that the street is not used as a carriage road.

Any person who keeps open or uses such street in breach of any condition imposed under subsection (11) 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 not exceeding $100 for every day during or on which the offence continues or is repeated.

A person must not erect or maintain or permit to be erected or maintained any obstruction in any such street, and the Authority may, where any such obstruction exists, take down and remove the obstruction.

In this section, “new street” is deemed to include

If the person giving a notice under subsection (1) is dissatisfied with any requisition or disapproval by the Authority, the person may appeal to the Minister whose decision is final.

Subject to subsection (17), if the Authority does not, within 2 months from the delivery of a notice and the plan under subsection (1) or of the date of the resubmission of the plan amended pursuant to subsection (4) (as the case may be) approve the plan, the plan is deemed to be approved unless the Authority has previously disapproved it.

Nothing in subsection (16) is to be construed as exempting the person submitting the plan from otherwise complying with the provisions of this Act or any regulations made under this Act.

Where the plans of any street works or proposed street works have been approved by the Authority and the person for whom the plans are submitted intends to depart or deviate from the plans approved, the person must apply to the Authority for approval of the plans showing the proposed departure or deviation and such application must be accompanied by

The Authority may, with the approval of the Minister, by notification in the Gazette authorise, either generally or in relation to any specified type of development, the construction of new streets subject to such conditions as may be specified in the notification.

Any person who, being required by or by virtue of this Act or any regulations made under this Act to make or produce to the Authority any plan, declaration, certificate, report, record, notice or other document, or who, for the purpose of obtaining any licence, permit, waiver or approval from the Authority under this Act or any regulations made under this Act or for the purpose of establishing any fact relevant to the administration of this Act or any regulations made under this Act

Every person must, before commencing any work for the erection of any new building, submit an application in writing for the determination of the amount (if any) to be deposited or secured to the satisfaction of the Authority for the execution of street works as required under section 16 or 18.

The Authority must

The Minister may by written order exempt a particular building or class of buildings from subsection (1).

Where no deposit or security is required, the Authority must issue a certificate to the person who made the application under subsection (1) stating that no deposit or security is required to be made or furnished for the execution of street works before the commencement of building operations.

The Authority must, in making an order under subsection (2), have regard to the amount that could be recovered by the Authority if it had executed the street works under the provisions of this Act.

The Authority must serve a copy of the order on the person who is required to deposit or secure the amount determined for the execution of street works, which amount

Any person who fails to deposit or secure the amount determined for the execution of street works within the time specified by the Authority shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 and, in the case of a continuing offence, to a further fine of $100 for every day during which the offence continues after conviction.

The Authority may by written order vary the amount determined under subsection (2) for the execution of street works and serve a copy of the order on the person who is required to deposit or secure the amount determined for the execution of street works.

An order made under subsection (8) is deemed to be an order made under subsection (2).

Any person who is dissatisfied with the order may, within 10 days of the service on the person of the order, appeal to the Minister whose decision is final.

If street works are not commenced or executed to the satisfaction of the Authority in any case where a deposit has been made or security has been furnished under section 20(6), the Authority may, at any time after the service of a written notice, execute the street works or cause the street works to be properly carried out.

The costs and expenses incurred by the Authority in the execution of the street works or in causing the street works to be properly carried out must be recovered from the deposit made or the security furnished under section 20(6).

Where a deposit has been made or security has been furnished under section 20(6) and street works have been carried out to the satisfaction of the Authority, the Authority may, upon an application in writing, refund the deposit or return the security, in whole or in part, to the person who made the application under section 20(1).

The Authority may retain the deposit or the security or any part thereof if it is of the opinion that

In this section and in section 23, “building operations” means such works as are carried out for the erection of any new building, including works which are preparatory to the erection of a new building.

Any person who has made a deposit or furnished any security under section 20(6), and who subsequently decides not to proceed with the erection of any building, without having commenced any building operations, may give written notice to the Authority of the person’s intention not to proceed with the erection of the building.

The Authority must, on an application in writing by a person who has given such a notice, refund the deposit or return the security, in whole or in part as it may determine, after the cancellation of the approved plan by the Commissioner of Building Control.

Where any private street or any part thereof is in a defective condition, and if the Authority is satisfied that the safety of the public requires that action should be taken, the Authority may, by order require

If any person to whom an order under subsection (1) is addressed fails to comply with the requirements of the order

Where any person to whom an order under subsection (1) is addressed fails to commence the work before the date specified in the order, the Authority may, even though the period stated in the order for the completion of the work has not yet expired, itself cause the work to be done and recover from such person the costs and expenses of the work or such proportions of the costs and expenses as are settled by the Authority.

If any person who is liable to pay costs and expenses under subsection (2) or (3) is dissatisfied with the Authority’s apportionment of costs and expenses, the person may appeal to the Minister whose decision is final.

Despite subsections (1), (2) and (3), the Authority may execute street works on any private street or any part thereof as may be considered necessary for the public safety, except that the execution of such street works by the Authority does not affect the liability of any person under subsection (1), (2) or (3).

A certificate of the Authority stating that it is of the opinion that such person or persons named in the certificate was or were responsible for causing a private street or any part thereof to be in a dangerous or defective condition is conclusive evidence for the purpose of any proceedings for the recovery of the costs and expenses of the repairing of that private street.

The Authority may, in any case where it is of the opinion that any person is responsible for causing a private street or any part thereof to be in a dangerous or defective condition, by notice require the person not to make further use of the private street for the purpose of transporting any matter, material or thing until such deposit as may be required under subsection (2) has been made with the Authority.

The Authority may, by written order, require any person who has been served with a notice under subsection (1) to deposit with the Authority such sum as may be required for causing the street to be properly repaired.

The Authority must, in making an order under subsection (2), have regard to the costs and expenses that would have to be incurred if it should cause the work to be done.

If a notice under subsection (1) is not complied with, the person who has been served with the notice shall be guilty of an offence and shall be liable on conviction

The certificate of the Authority stating that it is of the opinion that the person named in the certificate is responsible for causing a private street or any part thereof to be in a dangerous or defective condition is conclusive evidence for the purpose of any prosecution under this section.

If any street, not being a public street, is levelled, channelled, drained, paved, metalled, flagged and provided with lighting or otherwise made up to the satisfaction of the Authority, the Authority may, whether at the request of the owners of the premises fronting, adjoining or abutting on the street or otherwise, if it thinks fit, by writing signed by the Chief Executive or such other officer as the Authority may authorise in that behalf, declare that at the expiry of one month from the date thereof the street becomes a public street.

A copy of such declaration must be forthwith posted up in some part of the street.

At the expiry of one month from the date of the declaration under subsection (1), unless the owners of the premises fronting, adjoining or abutting on the street or the owners of such premises having the greater part in annual value have, by notification to the Authority in writing under their hands, objected thereto, the street becomes a public street and vests in the Government and must forever afterwards be repaired by the Authority.

The declaration referred to in subsection (1) must be published in the Gazette.

Where a street that has been declared to be a public street and has become vested in the Government under this section comprises premises included in separate lots already set aside as part of a street, the declaration must be registered against those lots

Where a street that has been declared to be a public street and has become vested in the Government under this section comprises premises included in an existing lot or existing lots

Upon such registration, the premises forming the street vest in the Government free from all encumbrances and where the premises are held under a statutory land grant, such vesting is not deemed to create a subdivision within the meaning of the State Lands Act 1920.

The Authority may, where it considers necessary, require the owner of any premises

The construction or improvement of a footway under subsection (1) must not affect any house within the premises, except that if necessary for this purpose, the Authority may set back any wall, fence, hedge or other similar erection.

Where there is a vacant frontage adjacent to the public street to which the public has access, the Authority may, in conjunction with any street improvement scheme, carry out works to the frontage as it considers fit.

For the purpose of this section, “vacant frontage” includes any covered footway.

The Authority must not exercise the rights conferred by subsection (1) or (3) unless it has given at least one month’s written notice to the owner of the frontage stating its intention to carry out the work, which notice must include a plan showing the affected area of the frontage.

The Authority must prepare an estimate of the costs and expenses to be apportioned among the owners of the premises fronting, adjoining or abutting on the new or existing footway or public street and must serve a notice of its decision in writing to proceed with the works and to recover costs and expenses of the works upon each of such owners, and such costs and expenses must be paid within such period as may be specified in the notice and in such proportions as are settled by the Authority.

If the owner of any such premises is dissatisfied with the Authority’s apportionment of costs and expenses, the owner may, within 14 days from the date of service of the notice, appeal to the Minister whose decision is final.

The Authority may, if it thinks fit, decide that in settling the apportionment of costs and expenses regard must be had to the following considerations:

The Authority may, if it thinks fit, pay the whole or any part of the costs and expenses of the works, and the payment of part of the costs and expenses may be made in such a manner as wholly to relieve the owner of any particular premises to the exclusion of other owners or to relieve that owner to a greater extent than other owners.

When the street works have been completed by the Authority and the costs and expenses thereof ascertained

No owner is entitled to any payment or compensation for the use of the owner’s frontage under this section.

In every case where a footway is made under this section, the Authority must deliver to each owner of the land a plan showing the land taken for the footway with a declaration endorsed thereon under the hand of the Minister to the effect that the land has been taken under this section for use as a public footway, subject nevertheless to the right of each owner or that owner’s successors in title at any time to build in such a manner and to such extent as the owner or the owner’s successors in title would have been entitled to build if the land had not been taken for use as a public footway.

Where a footway has been constructed or improved under section 27, the Authority

The owner must not modify any footway within the owner’s land to which the public has access without the written permission of the Authority.

The Authority may serve notice on the owner or supplier of any gas, electricity, water, telecommunication, sewerage or drainage services to 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 to repair any street surface thereby disturbed if, in the opinion of the Authority, such alteration is required for the purposes of the construction, operation, maintenance or improvement of any street.

A notice under subsection (1) must

Neither the public nor any person is deemed to have any right of ingress, egress or regress over any backlane vested in the Government or any part thereof except by express grant by the Authority which the Authority may withhold or give upon such terms as it may think fit.

The Authority may prepare a plan of any backlane and the Minister may, by writing under his or her hand, declare that, at the expiry of one month from the date thereof, the backlane is vested in the Government.

A copy of the declaration must be forthwith posted up in some part of the backlane.

At the expiry of the period referred to in subsection (2), unless the owners of the premises fronting, adjoining or abutting on the backlane or the owners of such premises having the greater part in annual value have, by notification to the Authority in writing under their hands, objected thereto, the backlane is vested in the Government.

Where a backlane has been declared to be vested in the Government under this section, the declaration must be registered together with the plan under the Land Titles Act 1993 in respect of registered land and under the Registration of Deeds Act 1988 in respect of other land.

Upon such registration, the land comprised in the plan is deemed to be vested in the Government freed from all encumbrances, and where the land is held under a statutory land grant, such vesting is not deemed to be a subdivision within the meaning of the State Lands Act 1920.

The Authority is to level, pave, metal, channel and drain, and may provide lighting for, all backlanes vested in the Government under section 30.

When the Authority has made up a backlane, the Authority may recover the costs and expenses of acquiring the land for, and of making up, the backlane from the owners of premises abutting on the backlane.

Such costs and expenses must be paid by the persons who are the owners of premises abutting on the backlane when the works are completed according to the frontage of their respective premises in such proportions as are settled by the Authority.

If the owner of any such premises is dissatisfied with the Authority’s apportionment of costs and expenses, that owner may, within 14 days of being notified of such apportionment, appeal to the Minister whose decision is final.

The Authority may, if it thinks fit, decide that in settling the apportionment regard must be had to the following considerations:

The Authority may, in any estimate of the costs and expenses of works, include reasonable charges in respect of survey and superintendence.

The Authority may, if it thinks fit, pay the whole or any part of the costs and expenses of the works and the payment of part of the costs and expenses may be made in such manner as the Authority thinks fit to the exclusion of other owners or to relieve one owner to a greater extent than the other owners.

Section 43 applies to any sum payable by the owners under this section.

A person must not

A person who contravenes subsection (1) shall be guilty of an offence.

If any article or thing is deposited or left on any public street, five‑footway or private footway in contravention of subsection (1), an authorised officer may move that article or thing, or cause it to be so removed, so that it is no longer an obstruction or inconvenience to the passage of the public on the public street, five‑footway or private footway.

An authorised officer must not exercise a power under subsection (3) unless the officer has taken reasonable steps to inform the following persons (if known), whoever is relevant, of the officer’s intention to exercise that power, and allowed or directed the person to move the article or thing:

For the purpose of exercising a power under subsection (3), an authorised officer may, with such assistance as the officer considers necessary

A person must remove any article or thing where allowed or directed to do so by an authorised officer under subsection (4).

A person who, without reasonable excuse, fails to comply with subsection (6) shall be guilty of an offence.

Where any article or thing has been removed from a public street, five‑footway or private footway under subsection (3), the Authority may recover any costs reasonably incurred by it in connection with such removal and the storage of the article or thing by the Authority, from the owner of the article or thing or from the person who caused the article or thing to be deposited or to remain on the public street, five‑footway or private footway.

Where an authorised officer has removed any article or thing under subsection (3), he or she must cause a written notice to be sent to the owner of the article or thing (if known) to inform such owner of

If the article or thing is not claimed by its owner within the time specified in the notice mentioned in subsection (9), the Authority may dispose of the article or thing in such manner as it thinks fit (including selling the article or thing).

Where any article or thing has been sold under subsection (10), the proceeds of the sale

In addition to the methods of service under section 47

Any person who, without the authority of an authorised officer, removes or tampers with any notice that has been affixed to any article or thing under subsection (12)(a) or that has been posted at any part of a public street, five‑footway or private footway under subsection (12)(b) shall be guilty of an offence.

Any person who is guilty of an offence under subsection (2) or (7) shall be liable on conviction to a fine not exceeding $2,000 and, in the case of a continuing offence, to a further fine not exceeding $100 for every day or part thereof during which the offence continues after conviction.

In this section, “authorised officer” means any employee of the Authority, any outsourced enforcement officer and any other person appointed by the Authority under section 4 to assist in the enforcement of this section.

This section does not apply in relation to any public path (within the meaning of the Active Mobility Act 2017) that is not on State land.

A person commits an offence if

A person who commits an offence under subsection (1) shall be guilty of an offence and shall be liable on conviction as follows:

Whether or not any proceedings for an offence under subsection (1) are instituted or result in a conviction, the Authority may recover from any person who engaged in conduct that caused damage to

In this section —

“conduct” means any act or omission, any series of acts or omissions, or both;

“engage in conduct” means engage, whether directly or indirectly, in conduct either alone or together with any other person or persons.

Where any owner or occupier is required under this Act to erect or remove any building or thing or to perform any other work and after due notice fails to erect or remove the building or thing or to perform the work within the prescribed time, the Authority may make an order (called a mandatory order) requiring the owner or occupier to execute the required work within the time specified in the order.

Where a person against whom a mandatory order is made fails to comply with the requirements of the order

Where a person against whom a mandatory order is made is aggrieved by the order

Where an appeal is brought under this section from a mandatory order, the Minister may dismiss or allow the appeal unconditionally or subject to such conditions as he or she considers fit, and any decision made by the Minister on the appeal is final.

Where a mandatory order is being appealed against and the Minister is of the opinion that the non‑execution of the order will be injurious or dangerous to the public health and that the immediate execution of the order will not cause any injury to the person against whom the order was made which cannot be compensated by damages, the Minister may authorise the Authority immediately to execute the work.

The Authority must, if it does the work and the appeal is successful, pay the costs and expenses of the work and the damages (if any) sustained by the appellant by reason of the work, but, if the appeal is dismissed or abandoned, the Authority may recover the costs and expenses of the work from the appellant and, if the appellant is the owner of the premises in respect of which the mandatory order was made, section 43 applies to any sum recoverable from that owner hereunder, and in any other case section 40 applies.

In cases of emergency, the Authority may direct the immediate execution of any work or the doing of any act being any work or act authorised under this Act which is in the opinion of the Authority necessary for the service or safety of the public.

The Authority must not act under this section in contravention of any decision of the Minister or against any policy of the Government.

Where the Authority acts under this section, it must report such action to the Minister at the first opportunity to do so.