State Lands Act

• Jurisdiction: Singapore
• Coming into Force: 27 December 1996
• Act Number: (Original Enactment: Consolidated Ordinance II of 1886 and Ordinance XII of 1903)
• Enactment Date: 28 November 1921
• Record Number: Cap. 314
• Published date: 27 December 1996

State Lands Act

(CHAPTER 314)

(Original Enactment: Consolidated Ordinance II of 1886 and Ordinance XII of 1903)

REVISED EDITION 1996

(27th December 1996)

An Act to regulate the alienation and occupation of State lands.

[28th November 1921]

PART I STATUTORY GRANTS AND LEASES Short title 1. This Act may be cited as the State Lands Act. Interpretation 2. In this Act, unless the context otherwise requires — “Authority” means the Singapore Land Authority established under the Singapore Land Authority Act 2001; “Collector” has the same meaning as in the Land Revenue Collection Act (Cap. 155); “Commissioner of Lands” means such person as the Minister may appoint as the Commissioner of Lands under section 2D; “grant” means a grant in perpetuity; “grantee” means the owner of a grant; [17/2001 wef 01/06/2001] [Act 11 of 2015 wef 08/05/2015] “Singapore Height Datum” has the same meaning as in the Boundaries and Survey Maps Act (Cap. 25); [Act 11 of 2015 wef 08/05/2015] “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; [Act 11 of 2015 wef 08/05/2015] “subterranean space” means the subsoil below the surface of the earth. [Act 11 of 2015 wef 08/05/2015] Appointment of Chief Valuer 2A.—(1) The President may appoint a Chief Valuer in accordance with the advice of the Public Service Commission unless the President, acting in his discretion, does not concur with that advice. (2) The remuneration and other terms of service of the Chief Valuer shall not be altered to his disadvantage during his continuance in office. [17/98 wef 05/06/1998] Functions of Chief Valuer 2B.—(1) The functions of the Chief Valuer shall be — (a) to carry out the valuation of all State lands, lands managed for or on behalf of the Government or buildings on any such land for their disposal; and (b) to carry out valuation of any lands and buildings required for feasibility studies, court proceedings, arbitration or other purposes. (2) The Chief Valuer shall perform such other duties and exercise such other powers as may be prescribed by or under any written law. [17/98 wef 05/06/1998] Access to lands, buildings, etc. 2C.—(1) The Chief Valuer or any officer authorised by him may — (a) where reasonably necessary for the purposes of any work undertaken by the Chief Valuer in the performance of his functions, enter at all reasonable hours into and upon and inspect any land, building or premises without liability for trespass; (b) request in writing the owner or person in occupation of any land, building or premises to furnish information to enable the Chief Valuer to carry out that work; and (c) inspect any books, documents or papers in the charge of any public officer for the purposes of such work and take extracts from those books, documents or papers without any charge. [ 17/98 wef 05/06/1998] Commissioner of Lands 2D.—(1) There shall be a Commissioner of Lands who shall be appointed by the Minister for the general administration of this Act. (2) The Minister may also appoint from among officers of the Authority such number of Deputy Commissioners and Assistant Commissioners of Lands as may be necessary for the carrying out of the provisions of this Act and any rules made thereunder. (3) A Deputy Commissioner and any Assistant Commissioner of Lands may, subject to any special or general directions of the Commissioner, exercise any of the powers conferred on the Commissioner by or under this Act or any other written law. (4) Any person who, immediately before the date of commencement of the Singapore Land Authority Act 2001, holds office as a Commissioner of Lands, Deputy Commissioner of Lands or Assistant Commissioner of Lands shall continue to hold such office as if he had been appointed under this Act until his appointment is revoked. [17/2001 wef 01/06/2001] Power to make rules for disposal of available lands 3.—(1) The President may make rules for the disposal or temporary occupation of State lands. (2) Rules made under subsection (1) may provide among other matters for the following: (a) the mode in which applications for land shall be made and the terms and conditions on which grants, leases or other dispositions shall be issued; (b) the total or partial exemption, either absolutely or subject to conditions, of land from rent for a term of years, or for any life or lives, or during the maintenance of any institution; and (c) the time and place at which, and person to whom, rent shall be paid. Modes of alienation 3A. State lands which are alienated or otherwise disposed of, or in respect of which a lease or licence to occupy is issued, under this Act may be alienated, leased or licensed — (a) as a parcel of the surface earth, so much of the subterranean space below and so much of the column of airspace above the surface as is reasonably necessary for the use and enjoyment thereof; [Act 11 of 2015 wef 08/05/2015] (b) as a parcel of airspace or subterranean space, whether or not held apart from the surface of the earth; or (c) only down to such depth below the surface earth as the President may by order direct. [9/2009 wef 05/03/2009] What is subterranean space reasonably necessary for use and enjoyment of surface earth 3B.—(1) To avoid doubt, it is declared that for all purposes, any land includes only so much of the subterranean space as is reasonably necessary for the use and enjoyment of the land, being — (a) such depth of subterranean space as is specified in the State title for that land; or (b) if no such depth is specified, subterranean space to ‑30.000 metres from the Singapore Height Datum. (2) To avoid doubt, nothing in this section derogates from — (a) any reservation, by or under this Act or other written law, in favour of the State — (i) to all mines and minerals, mineral oil, natural gas, stone, clay, sand, gravel, and other natural deposits; or (ii) to enter upon any land and to search for and take any minerals, mineral oil, natural gas, stone, clay, sand, gravel, and other natural deposits which may be found in or below the land; (b) any condition implied (by or under this Act or other written law) in any State title for any land with respect to opening of or working any mines or quarries, or digging for minerals, mineral oil, natural gas, stone, laterite, clay, sand, gravel, and other natural deposits; or (c) any rule of law or written law relating to ownership of any column of space above any defined parcel of the surface of the earth. (3) Any reference in any written law other than this Act to so much of the subterranean space below any land as is reasonably necessary for the use and enjoyment of the land is a reference to — (a) such depth of subterranean space as is specified in the State title for that land; or (b) if no such depth is specified, subterranean space to ‑30.000 metres from the Singapore Height Datum. [Act 11 of 2015 wef 08/05/2015] Easement of subjacent support 3C.—(1) To avoid doubt, it is further declared that for all purposes, there is implied — (a) as belonging to each parcel of land, an easement for the subjacent support by any other parcel of land capable of affording such subjacent support; and (b) as affecting each parcel of land, an easement for the subjacent support of any other parcel of land that is capable of being so supported. (2) Subject to subsections (3) and (7), the easement implied under subsection (1) also entitles the grantee or lessee of the parcel of land that is the dominant tenement — (a) to erect or install within subterranean space any structure necessary for the support of the parcel of land, including underpinning or strengthening any building on that parcel of land; (b) to maintain, replace, renew or restore any such structure erected or installed for the support of that parcel of land; and (c) to have, upon giving reasonable notice, such access to the servient tenement (through agents and employees) as is reasonably required for erecting or installing any structure referred to in paragraph (a), or for maintaining, replacing, renewing or restoring any such structure. (3) The person entitled to the benefit of the easement implied under subsection (1) — (a) cannot exercise any rights under the easement in a way that unreasonably prevents another person from enjoying the use and occupation of the other person’s land; and (b) must, when exercising any rights under the easement, take reasonable steps to minimise damage to land or other property from work or activities carried out in the exercise of those rights. (4) Without prejudice to subsection (2), the easement implied under subsection (1) confers and imposes all ancillary rights and obligations reasonably necessary to make it effective. (5) The easements implied under this section take effect and are enforceable without any registration or notification under the Land Titles Act (Cap. 157) on the folios relating to the parcel of land concerned. (6) In this section, any reference to a grantee or lessee of any parcel of land is a reference to the Government if the parcel of land is not the subject of any State title. (7) Nothing in this section — (a) derogates from the requirements or effect of any other written law for the time being in force relating to planning and use of land or to building and construction, or from any rule of law relating to lateral support for land; or (b) prevents the exercise by any public authority or any licensed provider of a utility service of any power under any other written law in good faith and with reasonable care. [Act 11 of 2015 wef 08/05/2015] Form of grant 4.—(1) Every grant or lease of State land issued under this Part shall be in the prescribed form and shall be signed by the Collector of Land Revenue. [35/80] Reservation in favour of State of rights in respect of mineral oil in grants and leases made by State (2) In every such grant and in every lease made by the Crown or the State after 3rd May 1907, there shall be implied, in the absence of an express ...