11/30/2022 | Press release | Distributed by Public on 11/30/2022 08:33
30 Nov 2022 Posted in Parliamentary speeches and responses
Mr Speaker,
I. Introduction
However, there have been individuals in the past who encroached significantly on State land, and refused to remove their encroachments, even after the impact of their actions were explained to them:
a. One such case, which was reported in the news some time back, involves private landowners who extended their property on to adjoining State land, by building structures on it. This act disrupted and delayed the Public Utilities Board's ("PUB") drainage improvement works in the area.
b. The landowners refused to remove the encroachments, despite extensive engagement and multiple deadline extensions granted by the authorities.
c. The Singapore Land Authority ("SLA") eventually filed charges against the landowners for trespassing on State land under the State Lands Encroachment Act 1883 ("SLEA").
d. However, in the intervening period, PUB incurred additional costs coming up with temporary flooding measures, as the encroachments impeded its drainage improvement works.
II. Updated Definitions
The Bill defines "State land" to include lands that are unalienated, vested, surrendered, or acquired by the Government. The Bill does not deal exhaustively with all State land. Excluded are unalienated lands managed by the PUB, National Parks Board ("NParks"), and Land Transport Authority ("LTA") under their respective legislation.
a. This is to avoid the overlapping of laws and criminalising of activities on State lands that are already under the management of these public sector agencies.
The Bill also includes updated definitions to better reflect and capture present-day activities which constitute unauthorised use of State land:
a. The Bill clarifies the definition of a "structure" which, when erected on, under or over State land, may constitute an encroachment. This includes land reclamation works and external features which protrude outwards from buildings.
III. Penalties for Improper Use of State Land
A non-exhaustive list of unauthorised activities deemed to be offences under the Bill includes:
a. Unauthorised clearance and digging of State land;
b. Unauthorised enclosure of State land;
c. Unauthorised dumping and leaving of waste on State land; and
d. Unauthorised works for the reclamation of land.
Under the new Bill, the penalties have been raised to align with penalties for comparable offences in newer legislation such as the Parks and Trees Act and the Environmental Public Health Act. These present penalties in section 7 of the SLEA are no longer deterrent vis-à-vis a fine not exceeding $5,000, or imprisonment for a term not exceeding 6 months, or both.
a. The Bill raises the fine. Clause 5 prescribes a penalty comprising a fine of up to $50,000 or imprisonment for a term of up to 6 months, or both, for the offence of carrying out unauthorised activities on or damaging State land.
b. In the case of a continuing offence, a further fine of up to $500 will be imposed for each day during which the offence continues after conviction.
c. Higher penalties may be imposed for a repeat offence of disposing rubbish or waste on State land using a vehicle.
The Bill also provides that the court may order a convicted offender to pay monetary compensation to the Government, on top of any fine imposed, for:
a. Any loss or damage suffered by the Government due to the offence, such as de-contaminating polluted soil;
b. The value of any forest products or other substances removed from State land; and
c. The costs and expenses incurred by the SLA in abating the encroachment.
IV. Proceedings to Stop Encroachment
Today, under current law:
a. SLA must serve a notice giving 28 days for the unlawful occupants to vacate the State land and remove their movable property.
b. If they do not vacate and remove their movable property by the notice timeframe, SLA must obtain a warrant for dispossession from the Court to remove unlawful occupants on State land, and seize and forfeit any movable property.
c. SLA must also obtain a court order for the demolition of unlawful buildings and structures.
The encroachment notice will require the person to abate the encroachment by a specified date. It will also include an objection period, during which the person can give an objection if he or she does not wish to comply with the notice.
a. If there is non-compliance with the notice and no objection is received, the authorised officer can proceed to seize and remove any movable property involved.
b. If an objection is received, the authorised officer may then file a complaint to the Magistrate's Court on the unauthorised activity committed on the State land.
V. Resumption of Land
The Bill retains this three-year threshold, but makes some changes to update the resumption process.
a. The process begins when the Minister for Law grants approval for a particular piece of land to be declared liable for forfeiture to the State.
b. Following this, a notice of the declaration must be made in the Government Gazette. This is similar to the current process under the SLEA.
c. However, under the Bill, there will no longer be a requirement for a physical notice of the declaration to be posted on the land in the English, Malay, Chinese, and Tamil languages. Instead, SLA will publish the notice in the four official languages, in the major local newspapers. This ensures that there will still be adequate publicity of the fact.
d. Claimants will also now have three months after the notice is published to make a claim to the land in question, instead of the six months under the SLEA. Otherwise, the land will be deemed forfeited to the State.
VI. Enforcement
To aid investigation, the Bill empowers authorised officers to:
a. Enter either State land, or any other land in or from which the officer has reasonable grounds to suspect an offence under the Bill may be committed, and inspect, make documentation of, and take extracts from the land or anything on that land;
b. Request documents and information from any person reasonably believed to be acquainted with the circumstances relevant to the suspected commission of an offence under the Bill; and
c. Request an individual found in, on or near any State land to disclose his or her identity and place of residence, if the officer has reasonable grounds to suspect that the individual has committed, or is attempting to commit, an offence under this Bill in relation to that State land.
VII. Administration
VIII. Amendments to other Legislation
Finally, Sir, the Bill also includes consequential amendments to:
a. The Parks and Trees Act under NParks;
b. The Sewerage and Drainage Act under PUB; and
c. The Street Works Act under LTA.
Conclusion
Last updated on 30 November 2022