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 in the Street Works Act 1995
The Street Works Act 1995 establishes a comprehensive legal framework for the regulation, construction, maintenance, and control of public streets and related facilities in Singapore. The Act vests significant powers in the Authority, subject to Ministerial approval, to ensure the orderly development and upkeep of public infrastructure. The key provisions serve to empower the Authority to manage public streets effectively, protect public safety, and allocate costs fairly among beneficiaries.
"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
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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 respond flexibly to urban development needs, traffic management, and public convenience by constructing new roads or improving existing ones.
"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
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Purpose: Section 6 vests ownership of all public street infrastructure in the Government. This centralizes control and responsibility, ensuring consistent maintenance standards and facilitating coordinated urban planning.
"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; ..." — Section 8
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Purpose: Section 8 empowers the Authority to protect public streets from damage caused by adjacent land activities. By requiring repairs at the responsible party’s expense, this provision incentivizes careful conduct and safeguards public safety and infrastructure integrity.
"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)
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Purpose: Section 17(1) regulates street works by requiring prior approval from the Authority. This control mechanism prevents unauthorized or unsafe works that could disrupt traffic, damage infrastructure, or compromise public safety.
"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 ... from the owners of the premises ... which ... will benefit by the construction of the new street or the widening, opening, enlarging or otherwise improving of the public street." — Section 15(1)
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Purpose: Section 15(1) allows the Authority to recover costs from property owners who benefit from street improvements. This cost-sharing principle ensures equitable distribution of financial burdens and promotes responsible urban development.
Definitions in the Street Works Act 1995 and Their Significance
Precise definitions are crucial in the Act to delineate the scope of regulatory powers and obligations. The Act defines technical terms to avoid ambiguity and ensure clarity in enforcement and compliance.
"In this section, “activity” includes any excavation or construction works." — Section 8(5)
Verify Section 8 in source document →
Purpose: Defining "activity" clarifies the types of actions that may trigger the Authority’s intervention under Section 8. It ensures that excavation and construction works near public streets are subject to regulation to prevent damage.
"“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;" — Section 8A(4)
Verify Section 8A in source document →
Purpose: This definition ensures that any engineering works affecting road structures are accompanied by comprehensive plans and monitoring measures, promoting safety and accountability.
"“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;" — Section 8A(4)
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Purpose: This broad definition captures all significant construction activities that could impact road safety, enabling the Authority to regulate and monitor such works effectively.
"“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)
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Purpose: Establishing a safety zone around road structures allows the Authority to impose special controls within this area to prevent damage and ensure public safety.
"“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)
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Purpose: This definition clarifies the entities responsible for electrical installations related to street works, ensuring compliance with licensing and safety standards.
"“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;" — Section 11(5)
Verify Section 11 in source document →
Purpose: Defining "owner" establishes who holds legal responsibilities and rights regarding land affected by street works, facilitating enforcement and compensation processes.
"“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)
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Purpose: This definition clarifies the unit of land subject to the Act’s provisions, ensuring precise identification for regulatory and compensation purposes.
Penalties for Non-Compliance Under the Street Works Act 1995
The Act imposes stringent penalties to enforce compliance and deter violations that could jeopardize public safety or infrastructure integrity. These penalties vary according to the severity and nature of the offence.
"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)
Verify Section 8 in source document →
Purpose: Section 8(3) imposes heavy penalties for failure to comply with repair notices, reflecting the critical importance of maintaining safe public streets and deterring negligent conduct.
"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)
Verify Section 8A in source document →
Purpose: Section 8A(3) penalizes unauthorized engineering works affecting road structures, emphasizing the need for prior approval and adherence to safety protocols.
"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)
Verify Section 9 in source document →
Purpose: Section 9(5) ensures that the Authority’s agents can perform inspections and enforcement duties without obstruction, which is essential for effective regulation.
"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)
Verify Section 17 in source document →
Purpose: Section 17(8) imposes severe penalties for failure to comply with orders related to unauthorized street works, reflecting the high risks such works pose to public safety and infrastructure.
Cross-References to Other Acts and Their Importance
The Street Works Act 1995 integrates with other legislation to ensure coherent regulation across related domains such as land acquisition, active mobility, and energy supply. These cross-references provide legal clarity and procedural guidance.
"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." — Section 5(3)
Verify Section 5 in source document →
Purpose: This cross-reference ensures that street works affecting public paths comply with the Active Mobility Act 2017, promoting safe and accessible active transportation.
"state that any person entitled to compensation in connection with the exercise by the Authority of its right under this section may serve a written claim on the Authority in accordance with the provisions of the Land Transport Authority of Singapore Act 1995." — Section 9(3)(d)
Verify Section 9 in source document →
Purpose: This provision links compensation claims arising from temporary possession of land to the procedural framework under the Land Transport Authority of Singapore Act 1995, ensuring a clear and fair claims process.
"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)
Verify Section 11 in source document →
Purpose: This cross-reference provides a statutory remedy for landowners adversely affected by temporary possession, allowing them to seek compulsory acquisition under the Land Acquisition Act 1966.
"Upon the Authority receiving a notice under section 11(1) ... 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." — Section 11A(1)
Verify Section 11A in source document →
Purpose: This provision ensures that acquisition proceedings follow the established procedures under the Land Acquisition Act 1966, providing legal certainty and due process.
"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." — Section 10A(3)
Verify Section 10A in source document →
Purpose: This cross-reference ensures that electrical installations related to street works meet national safety and technical standards, safeguarding public safety and system reliability.
"References to the Land Titles Act 1993, Registration of Deeds Act 1988, and State Lands Act 1920" — Sections 14(2), (4), (5), 14(6), 16(17), (18)
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Purpose: These references provide the legal basis for land ownership, registration, and dealings, which are essential for implementing the Act’s provisions on land possession, compensation, and cost recovery.
Conclusion
The Street Works Act 1995 is a vital legislative instrument that empowers the Singapore Government to manage public streets and related infrastructure effectively. Its key provisions authorize construction, maintenance, and control activities while protecting public safety and ensuring fair cost allocation. The Act’s detailed definitions provide clarity for enforcement, and its penalty regime deters non-compliance. Cross-references to other statutes integrate the Act within Singapore’s broader legal framework, ensuring procedural fairness and regulatory coherence.
Sections Covered in This Analysis
- Section 5
- Section 6
- Section 8
- Section 8A
- Section 9
- Section 10A
- Section 11
- Section 11A
- Section 14
- Section 15
- Section 16
- Section 17
Source Documents
For the authoritative text, consult SSO.