Part of a comprehensive analysis of the Street Works Act 1995
All Parts in This Series
- PART 1
- PART 2 (this article)
Key Provisions and Their Purpose under the Street Works Act 1995
The Street Works Act 1995 establishes a comprehensive legal framework governing the construction, maintenance, and regulation of public streets and associated road structures in Singapore. The key provisions empower the Authority to manage public streets effectively, ensure public safety, and regulate activities that may impact road infrastructure. Below is an analysis of the principal sections and their underlying purposes.
"The Authority, with the Minister’s approval, may—(a) construct new streets; (b) turn, divert, expunge or stop up any public street; (c) widen, open or otherwise improve any street; and (d) build toll gates, substations, control centres and other road related facilities." — Section 5, Street Works Act 1995
Verify Section 5 in source document →
Purpose: Section 5 grants the Authority broad powers to develop and modify public streets and related infrastructure. This provision exists to enable the government to adapt the road network to changing urban needs, improve traffic flow, and provide necessary facilities for road management and control.
"All public streets, public surface and storm water drains, public bridges, underpasses and tunnels and the road pavements and road related facilities thereon, are vested in the Government." — Section 6, Street Works Act 1995
Verify Section 6 in source document →
Purpose: Section 6 vests ownership of all public streets and related infrastructure in the Government. This centralisation ensures unified control and maintenance responsibility, preventing fragmentation of authority that could hinder effective street management and public safety.
"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—(a) by notice require the person who carried out or who is carrying out the activity to repair the public street at the person’s own expense within such time as may be specified in the notice; (b) repair and make good the damage done or cause remedial action of a preventive nature to be effected, and all costs and expenses arising therefrom must be paid to the Authority by the owner of the land or person who carried out the activity; ..." — Section 8, Street Works Act 1995
Verify Section 8 in source document →
Purpose: Section 8 empowers the Authority to protect public streets from damage caused by adjacent land activities. It imposes a duty on those responsible for damage to repair it at their expense. This provision safeguards the structural integrity and safety of public streets, ensuring that private activities do not impose undue costs on the public or government.
"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." — Section 8A(1), Street Works Act 1995
Verify Section 8A in source document →
Purpose: Section 8A regulates engineering works near road structures to prevent compromising their structural integrity and operational safety. By requiring prior approval, the provision ensures that potentially hazardous construction activities are carefully assessed and controlled.
"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—(a) to construct or improve any street; and (b) to construct, install, improve or remove any road structure or road related facility, in, under or over the land, and to do all things as are reasonably necessary in connection therewith." — Section 9(1), Street Works Act 1995
Verify Section 9 in source document →
Purpose: Section 9 authorises the Authority to enter private land for street construction or improvement, subject to notice to owners. This provision balances the public interest in infrastructure development with private property rights, facilitating necessary works while providing procedural safeguards.
"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." — Section 10(1), Street Works Act 1995
Verify Section 10 in source document →
Purpose: Section 10 enables the Authority to create rights over private land for maintenance or operation of streets and road structures. This ensures ongoing access and control necessary for upkeep and safety, reflecting the practical needs of infrastructure management.
"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—(a) the land; and (b) any other land (if any) 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." — Section 11(1), Street Works Act 1995
Verify Section 11 in source document →
Purpose: Section 11 provides a remedy for landowners whose rights are substantially impaired by temporary possession under Section 9. It allows them to request compulsory acquisition under the Land Acquisition Act 1966, ensuring fairness and compensation in cases of significant impact.
"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) any inspection or survey which is reasonably necessary to ascertain the condition of the land or building prior to or during 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) and to carry out all reasonably necessary work of a preventive or remedial nature; and (b) any inspection or maintenance of—(i) any street which has been constructed or improved; or (ii) any road structure or road related facility which has been constructed, installed or improved, 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 street or maintaining or operating the road structure or road related facility, as the case may be." — Section 12(1), Street Works Act 1995
Verify Section 12 in source document →
Purpose: Section 12 authorises entry onto land near street reserves for inspection, survey, maintenance, and remedial works. This provision is essential for proactive infrastructure management and safety assurance.
"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." — Section 13(1), Street Works Act 1995
Verify Section 13 in source document →
Purpose: Section 13 empowers the Authority to require removal of obstructions within street reserves to facilitate street construction. This provision prevents impediments to public works and ensures clearances necessary for road development.
"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—(a) constructing the new street; or (b) widening, opening, enlarging or otherwise improving the existing public street, as the case may be, from the owners of the premises..." — Section 15(1), Street Works Act 1995
Verify Section 15 in source document →
Purpose: Section 15 allows the Authority to recover costs from owners who benefit from street improvements. This cost-sharing mechanism promotes fairness and ensures that those who gain from enhanced infrastructure contribute to its funding.
"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." — Section 17(1), Street Works Act 1995
Verify Section 17 in source document →
Purpose: Section 17 regulates works on public streets by requiring prior approval. This control prevents unauthorized activities that could damage infrastructure or disrupt public use, maintaining order and safety.
Definitions in the Street Works Act 1995 and Their Significance
The Act provides precise definitions to clarify the scope of its provisions and ensure consistent application. These definitions are critical for interpreting the powers and duties conferred by the Act.
"In this section, 'activity' includes any excavation or construction works." — Section 8(5), Street Works Act 1995
Verify Section 8 in source document →
Significance: The broad definition of "activity" in Section 8(5) encompasses excavation and construction, capturing a wide range of actions that could affect public streets. This ensures the Authority’s powers to require repairs or remedial action apply comprehensively.
"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—(a) excavations for basements and other building structures under land; (b) installations of foundation piles, sheet piles, bore holes, wells, ground anchors and tie backs; and (c) the operation of any crane, hoist or heavy equipment; '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." — Section 8A(4), Street Works Act 1995
Significance: Section 8A(4) defines critical terms related to engineering works near road structures. The detailed definitions ensure that the Authority’s approval process targets activities that genuinely risk structural safety, thereby protecting public infrastructure and users.
"In this section and section 11A—'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; '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 held separately 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." — Section 11(5), Street Works Act 1995
Verify Section 11 in source document →
Significance: Section 11(5) clarifies who qualifies as an "owner" and what constitutes a "parcel of land" for the purposes of land acquisition and compensation. This precision is essential for protecting property rights and administering acquisition procedures fairly.
"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." — Section 10A(7), Street Works Act 1995
Verify Section 10A in source document →
Significance: The definition of "electricity supplier" in Section 10A(7) identifies regulated entities involved in electricity supply. This is important where road works intersect with electrical infrastructure, ensuring coordination and compliance with licensing requirements.
Penalties for Non-Compliance and Their Rationale
The Act imposes stringent penalties to enforce compliance with its provisions, thereby protecting public safety and infrastructure integrity. The penalties serve both as deterrents and as mechanisms to compel corrective action.
"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—(a) to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both; (b) to a further fine not exceeding $500 for every day during which the notice was not complied with; and (c) to a further fine not exceeding $500 for every day during which the contravention of subsection (1) continues after conviction." — Section 8(3), Street Works Act 1995
Verify Section 8 in source document →
Rationale: Section 8(3) imposes significant fines and possible imprisonment for failure to comply with repair or remedial notices. This reflects the serious risk posed by damage to public streets and the need for prompt rectification to protect public safety and infrastructure.
"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." — Section 8A(3), Street Works Act 1995
Verify Section 8A in source document →
Rationale: Section 8A(3) penalises unauthorized engineering works within road structure safety zones. The daily fines for continuing offences underscore the importance of ongoing compliance to prevent structural risks.
"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." — Section 9(5), Street Works Act 1995
Verify Section 9 in source document →
Rationale: Section 9(5) penalises obstruction of authorised entry for street works. This ensures the Authority can perform necessary construction and maintenance without undue interference, facilitating efficient infrastructure management.
"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." — Section 17(8), Street Works Act 1995
Verify Section 17 in source document →
Rationale: Section 17(8) imposes severe penalties for failure to comply with orders related to works on public streets. The high fines reflect the critical importance of regulating street works to prevent hazards and disruptions to public use.
Conclusion
The Street Works Act 1995 provides a robust legal framework empowering the Authority to manage public streets and related infrastructure effectively. Its provisions balance public interest, safety, and property rights through clear powers, defined terms, and enforceable penalties. Understanding these key sections is essential for stakeholders involved in street works, construction, and urban planning in Singapore.
Sections Covered in This Analysis
- Section 5
- Section 6
- Section 8
- Section 8A
- Section 9
- Section 10
- Section 11
- Section 12
- Section 13
- Section 15
- Section 17
- Section 8(5)
- Section 8A(4)
- Section 11(5)
- Section 10A(7)
- Section 8(3)
- Section 8A(3)
- Section 9(5)
- Section 17(8)
Source Documents
For the authoritative text, consult SSO.