Land Acquisition Act of 1966 2020 Edition

This revised edition incorporates all amendments up to and including 1 December 2021 and comes into operation on 31 December 2021

An Act to provide for the acquisition of land for public and certain other specified purposes, the assessment of compensation to be made on account of such acquisition and for purposes connected therewith.

[17 June 1967]

PART 1 — PRELIMINARY

2.—(1) In this Act, unless the context otherwise requires —

• “assessor” means a member of the panel of assessors appointed under section 26(2);
• “Board” means an Appeals Board constituted under section 19(1);
• “Collector” has the meaning given by the Land Revenue Collection Act 1940;
• “Commissioner” means a Commissioner of Appeals or a Deputy Commissioner of Appeals, appointed under section 19(2), and includes an acting Commissioner of Appeals or acting Deputy Commissioner of Appeals;
• “common property” and “lot” have the respective meanings given by the Land Titles (Strata) Act 1967;
• “land” includes any airspace, subterranean space, foreshore, and benefits to arise out of land and things attached to the earth or permanently fastened to anything attached to the earth;
• “management corporation”, in relation to any land comprised in a strata title plan, means the management corporation constituted in respect of that strata title plan under the Land Titles (Strata) Act 1967;
• “non‑lot acquisition” means an acquisition under this Act of any common property (and no other land) comprised in a strata title plan;
• “person interested” includes every person claiming an interest in compensation to be made on account of the acquisition of land under this Act, but does not include a tenant by the month or at will;
• “remaining surface land” means any land (and airspace) above which only the airspace, or any land (and subsoil) below which only the subterranean space, is or has been acquired under this Act;
• “severed land”, for an owner of land, means any land remaining after any other part of the owner’s land is severed because of an acquisition under this Act;
• “State title” means any grant, any grant in fee simple or estate in perpetuity, or any State lease (of whatever tenure) whenever issued or granted by or on behalf of the Crown, the State or the East India Company;
• “strata title plan” and “subsidiary proprietor” have the respective meanings given by the Land Titles (Strata) Act 1967;
• “subterranean space” means the subsoil below the surface of the earth;
• “temporarily occupied land” means any land temporary possession of which is or has been taken in accordance with a direction under section 42.

[17/2001; 19/2007; 26/2014; 12/2015]

(2) For the purposes of this Act, the following persons are deemed persons “entitled to act” as and to the extent provided:

• (a) trustees for other persons beneficially interested are deemed the persons entitled to act with reference to any such case, and that to the same extent as the persons beneficially interested could have acted if free from disability;

• (b) the management corporation for a strata title plan is deemed the person entitled to act for, and the person authorised to receive service within Singapore on behalf of, every subsidiary proprietor of every lot comprised in the strata title plan with reference only to any non‑lot acquisition relating to that strata title plan;

• (c) the guardian of a minor is deemed the person entitled to act, to the same extent as the minor could have acted if free from disability;

• (d) where an individual lacks capacity within the meaning of the Mental Capacity Act 2008, each of the following persons is deemed a person entitled to act, to the same extent as that individual could have acted if free from disability:

• • (A) a donee of a lasting power of attorney which is granted by that individual under the Mental Capacity Act 2008, and under which that individual confers on the donee authority to make decisions in relation to that individual for the purposes of this Act;
• • (B) a deputy who is appointed or deemed to be appointed for that individual by the court under the Mental Capacity Act 2008, and who is conferred power to make decisions in relation to that individual for the purposes of this Act:

• Provided that —

• (e) no person is deemed “entitled to act” whose interest in the subject matter is shown to the satisfaction of the Collector, the Board, the Appellate Division of the High Court or the Court of Appeal to be adverse to the interest of the person interested for whom the firstmentioned person would otherwise be entitled to act;

• (f) in every such case the person interested may appear by a next friend, or, in default of his or her appearance by a next friend, the Collector, the Board, the Appellate Division of the High Court or the Court of Appeal (as the case may be) must appoint a guardian for the case to act on behalf of the person interested in the conduct thereof;

• (g) the provisions of the Rules of Court for the time being in force apply, with the necessary modifications, in the case of persons interested appearing before the Collector, the Board, the Appellate Division of the High Court or the Court of Appeal by a next friend, or by a guardian for the case, in proceedings under this Act; and

• (h) a person “entitled to act” is not competent to receive the compensation money payable to the person for whom the firstmentioned person is entitled to act, unless the firstmentioned person would have been competent to alienate the land and receive and give a good discharge for the purchase money on a voluntary sale.

[19/2007; 21/2008; 26/2014; 16/2016; 40/2019]

(3) Despite subsection (2)(h) and sections 34 and 35 of the Building (Strata Management) Act 2004, a management corporation for a strata title plan is deemed for the purposes of this Act, competent to receive the compensation money payable under this Act for any non‑lot acquisition relating to that strata title plan.

PART 2 — ACQUISITION

Power to enter and survey

3.—(1) Whenever it appears to the President that land in any locality is likely to be needed for any purpose specified in section 5(1), a notification to that effect must be published in the Gazette and the Collector must cause public notice of the substance of the notification to be given at convenient places in that locality, and thereupon any officer either generally or specially authorised by the Minister in that behalf and any person authorised in writing by that officer may —

• (a) enter upon and survey and take levels of any land in that locality;
• (b) dig or bore into the soil;
• (c) do all other acts necessary to ascertain whether the land is suitable for such purpose;
• (d) set out the boundaries of the land proposed to be taken and the intended line of the work (if any) proposed thereon;
• (e) mark those levels, boundaries and line by placing marks and cutting trenches; and
• (f) cut down and clear away any standing crop, fence or jungle, where otherwise the survey cannot be completed, the levels taken or the boundaries or line of the work marked.

(2) A person must not enter into any building or upon any enclosed court or garden attached to a dwelling house unless with the consent of the occupier thereof, without previously giving the occupier at least 7 days’ notice in writing of his or her intention to do so.

(3) A notification made under this section in respect of any land in any locality ceases to have effect on the expiration of 12 months from the date of its publication but nothing in this subsection is to be construed to preclude a further exercise of the powers conferred upon the President by this section or by section 5 in respect of such land.

Payment for damage

4.—(1) Where any damage is done in an entry made under section 3 by any act of the officer authorised under that section or person authorised in writing by that officer, compensation must be paid as soon as conveniently may be after such entry and in case of dispute as to the amount of such compensation, the amount must be determined by the Collector.

(2) An appeal lies from the determination of the Collector under this section to the Minister whose decision is final.

Declaration of intended acquisition

Notification that land is required for specific purposes

5.—(1) Whenever any particular land is needed —

• (a) for any public purpose;
• (b) by any person, corporation or statutory board, for any work or an undertaking which, in the opinion of the Minister, is of public benefit or of public utility or in the public interest; or
• (c) for any residential, commercial or industrial purposes,

the President may, by notification in the Gazette, declare the land to be required for the purpose specified in the notification.

(1A) Without prejudice to the generality of subsection (1), the President may under that subsection declare that only so much of airspace above the surface of any land, or only so much of subterranean space below the surface of any land, is needed for any purpose specified in that subsection, instead of the whole of the land.

(2) A notification under subsection (1) must state —

• (a) the town subdivision or mukim in which the land is situated;
• (b) the lot number of the land, its approximate area and all other particulars necessary for identifying it; and
• (c) if a plan has been made of the land, the place and time where and when the plan may be inspected.

(3) The notification is conclusive evidence that the land is needed for the purpose specified therein as provided in subsection (1).

Collector to proceed to acquire after notification

6. Upon the publication of a notification under section 5(1) declaring that any land is needed for the purpose specified in the notification, the Minister or an officer authorised by the Minister in that behalf must direct the Collector to take proceedings for the acquisition of the land.

Plan of land to be acquired

7.—(1) Where less than the whole of any land in which a person is interested is to be acquired, and there is no plan sufficient to identify the part of the land to be acquired from the records of the Registry of Deeds or the Land Titles Registry of the Singapore Land Authority, the Collector must, so far as is practicable, prepare a plan that is sufficient to identify the part of the land to be acquired from the records of the Registry of Deeds or the Land Titles Registry, as the case may be.

(2) Subsection (1) does not apply if the part of the land to be acquired has already been marked out under section 3.

Notice to persons interested

8.—(1) The Collector must then cause a notice to be published in at least 4 daily local newspapers circulating in Singapore, one each in each of the 4 official languages, stating —

• (a) that the Government intends to acquire the land; and
• (b) that claims to compensation for all interests in the land may be made to the Collector.

(2) The Collector must also serve notice to the same effect on —

• (a) every person known or believed to be interested in the land and who —

  • (i) is resident within Singapore; or
  • (ii) is resident outside Singapore at an address that is ascertainable after reasonable inquiry; or

• (b) any person known or believed to be entitled to act for a person so interested and who —

  • (i) resides, or is authorised to receive service on behalf of the person so interested, within Singapore; or
  • (ii) resides, or is authorised to receive service on behalf of the person so interested, outside Singapore at an address that is ascertainable after reasonable inquiry.

(3) Every notice published under subsection (1) or served under subsection (2) —

• (a) must state the particulars of the land; and
• (b) must require all persons interested in the land —
  • (i) to appear personally, or by the person entitled to act for the person interested or any other person authorised in writing in that behalf, before the Collector at the time and place mentioned in the notice, such time being not earlier than 21 days after the date of the notice; and
  • (ii) to state the nature of their respective interests in the land, the amount and particulars of their claims to compensation for those interests, the basis or mode of valuation by which the amount claimed is arrived at, and their objections (if any) to the measurements in any plan prepared under section 7.

(4) The Collector may, in any case, require any statement under subsection (3) to be made in writing and signed by the party or his or her agent.

(5) In a non-lot acquisition relating to a strata title plan, only the management corporation constituted for that strata title plan, and no other person, is entitled to make a claim for compensation pursuant to a notice published under subsection (1) or served under subsection (2) in relation to the non‑lot acquisition, and it is lawful for the Collector to reject any claim for compensation as a result of that non‑lot acquisition made by —

• (a) any subsidiary proprietor constituting the management corporation; or

• (b) any mortgagee, chargee or other person with an estate and interest in any lot comprised in the strata title plan.

Power to require statements as to names and interests

9.—(1) The Collector may also require any such person to deliver to him or her within a time to be specified, being at least 15 days, a written statement containing, so far as may be practicable, the name of every other person possessing any interest in the land or any part thereof as co-owner, mortgagee, lessee, sublessee, tenant or otherwise, and of the nature of that interest, and of the rents and profits (if any) received or receivable on account thereof for 3 years next preceding the date of the statement and, where any claim to compensation is made by a management corporation, the resolution required under section 85A(2) of the Building (Strata Management) Act 2004 to authorise the management corporation to make that claim and any special resolution mentioned in section 85A(4) of that Act.

(2) Every person required to make or deliver a statement under section 8 or this section is deemed to be legally bound to do so within the meaning of sections 175 and 176 of the Penal Code 1871.

Inquiry into measurements, value and claims, and award by Collector

Inquiry and award by Collector

10.—(1) On the day so fixed, or on any other day to which the inquiry has been adjourned, the Collector must proceed to inquire into the objections (if any) which any person interested has stated, pursuant to a notice published under section 8(1) or served under section 8(2), to any plan prepared under section 7 (if any) and into the value of the land and into the respective interests of the persons claiming the compensation, and must, as soon as possible after the conclusion of the inquiry, make an award under his or her hand of —

• (a) the area of the land;
• (b) the compensation which in his or her opinion should be allowed for the land; and
• (c) the apportionment of the compensation among all the persons known or believed to be interested in the land, of whom or of whose claims he or she has information, whether or not they have respectively appeared before him or her.

(1A) Despite subsection (1)(c), the compensation awarded for a non‑lot acquisition relating to any strata title plan under this Act must not be apportioned among the subsidiary proprietors constituting the management corporation for that strata title plan but must be awarded to the management corporation unless subsection (1B) applies.

(1B) Where the subsidiary proprietors constituting the management corporation for a strata title plan so agree by a special resolution mentioned in section 85A(4) of the Building (Strata Management) Act 2004, the compensation awarded under subsection (1) for a non‑lot acquisition relating to that strata title plan must be apportioned —

• (a) among the persons who, on the date the Collector takes possession under section 16 of the land acquired, are subsidiary proprietors constituting the management corporation; and
• (b) in shares proportional to the share values of those persons’ respective lots.

(2) The Collector may at any time refer to the General Division of the High Court for its determination any question as to —

• (a) the true construction or validity or effect of any instrument;
• (b) the persons entitled to a right or interest in the land;
• (c) the extent or nature of such a right or interest;
• (d) the apportionment of the compensation or any part thereof for such a right or interest;
• (e) the persons to whom the compensation or any part thereof is payable; or
• (f) the costs of any inquiry under this Act and the persons by whom the costs must be borne.

(3) Without prejudice to the powers of the General Division of the High Court, the costs of any reference under subsection (2) must be borne by such persons as the General Division of the High Court may direct or, in the absence of any such direction, by the Collector.

(4) Where the Collector who has proceeded under this section to inquire into the objections of any person interested ceases for any reason to hold office as Collector at any time before the making of an award under this section, any other officer who is a Collector may in his discretion continue the inquiry or hold a fresh inquiry. For the purpose of this subsection, the Collector who continues the inquiry of a Collector who has ceased to hold office may act on the evidence recorded by the latter.

(5) Where a Collector who has made an award under this section ceases for any reason to hold office as a Collector before lodging his or her grounds of award under section 23, any other officer who is a Collector may, if the notice of appeal is lodged under section 23, lodge such grounds of award on behalf of the Collector who has ceased to hold office.

Award of Collector when to be final

11.—(1) The Collector’s award must be filed in his or her office and, except as hereinafter provided, is final and conclusive evidence as between the Collector and the persons interested, whether they have respectively appeared before the Collector or not, of the area and value of the land and the apportionment of the compensation among the persons interested.

(2) The Collector must serve a copy of his or her award on all persons interested provided that their addresses can be ascertained after reasonable inquiry when the award is made.

Effect of failure to comply with section 7

12. Where at any inquiry held under section 10 no objection has been made by any person interested that section 7 has not been properly complied with, the award made in the inquiry shall not be questioned in any appeal before the Board or in any court on the ground —

• (a) that section 7 has not been properly complied with;
• (b) that any notice published under section 8(1) or served under section 8(2) is in any way defective by reason of any failure by the Collector to comply with section 7; or
• (c) that the award does not purport to state the area of the land to which it relates in accordance with section 10(1)(a).

Adjournment of inquiry

13. The Collector may, for any cause he or she thinks fit, adjourn the inquiry to a day to be fixed by him or her.

Power to summon and enforce attendance of witnesses and production of documents

14.—(1) For the purpose of inquiries under this Act, the Collector has power to summon and enforce the attendance of witnesses, including the parties interested or any of them, and to compel the production of documents by the same means, and, so far as may be, in the same manner, as is provided in the case of a court under the Rules of Court for the time being in force.

[26/2014]

(2) The Collector has, in particular, power to compel the production of any resolution by the subsidiary proprietors constituting the management corporation for a strata title plan where that is relevant to the making of any award of compensation for the acquisition under this Act of any property comprised in the strata title plan.

[26/2014]

Matters to be considered and matters to be disregarded

15. In determining the amount of compensation, the Collector must take into consideration the matters mentioned in section 33 and must not take into consideration any of the matters mentioned in section 34.

Taking possession

Power to take possession

16. When a Collector has made an award under section 10, the Collector may take possession of the land by serving, in accordance with section 45, a copy of an appropriate notice of taking possession on every person interested in the land or any person known or believed to be entitled to act for a person so interested.

[26/2014]

Power to take possession in cases of urgency

17.—(1) In cases of urgency, whenever the Minister directs him or her to do so, the Collector, though no such award had been made, may on the expiration of 7 days from the later of the date of the notice published under section 8(1) or the date of the notice served under section 8(2), take possession of any land needed for any of the purposes specified in section 5(1).

(2) The Minister may direct the Collector to take immediate possession of any land which is intended to be acquired under the provisions of this Act without the publication of a notification under section 5(1); but that notification must be published not later than 7 days after the Collector has taken possession of the land.

Notice to Registrar of Deeds and the lodging of an instrument with Registrar of Titles

18. Immediately on taking possession of any land under section 16 or 17, the Collector must —

• (a) in the case of land registered under the provisions of the Registration of Deeds Act 1988 — give notice to the Registrar of Deeds who has to make an entry in the books of the registry that the land has vested in the State, and upon that entry being made, the land vests in the State free from encumbrances; or

• (b) in the case of land registered under the provisions of the Land Titles Act 1993 — lodge in accordance with section 143(2) of that Act, an instrument of acquisition with the Registrar of Titles who has to, upon a request by the Collector, endorse on the relevant folio of the land register a notification to the effect that the land has become vested in the State as State land free from encumbrances and has ceased to be subject to the provisions of the Land Titles Act 1993, and upon that endorsement being made, the land vests in the State free from encumbrances.