State Lands Act 1920

State Lands Act 1920 2020 REVISED 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 regulate the alienation and occupation of State lands. [28 November 1921] PART 1 STATUTORY GRANTS AND LEASES Short title 1. This Act is the State Lands Act 1920. 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 meaning given by the Land Revenue Collection Act 1940; “Commissioner of Lands” means the individual that the Minister appoints as the Commissioner of Lands under section 6; “grant” means a grant in perpetuity; “grantee” means the owner of a grant; “Singapore Height Datum” has the meaning given by the Boundaries and Survey Maps Act 1998; “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 former East India Company; “subterranean space” means the subsoil below the surface of the earth. [17/2001; 11/2015] Appointment of Chief Valuer 3.—(1) The President may appoint a Chief Valuer in accordance with the advice of the Public Service Commission unless the President, acting in his or her discretion, does not concur with that advice. [17/98] (2) The remuneration and other terms of service of the Chief Valuer must not be altered to his or her disadvantage during his or her continuance in office. [2A [17/98] Functions of Chief Valuer 4.—(1) The functions of the Chief Valuer are — (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. [17/98] (2) The Chief Valuer must perform any other duties and may exercise any other powers prescribed by or under any written law. [2B [17/98] Access to lands, buildings, etc. 5. The Chief Valuer or any officer authorised by him or her may — (a) where reasonably necessary for the purposes of any work undertaken by the Chief Valuer in the performance of his or her 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 occupier of any land, building or premises to provide 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 fee. [2C [17/98] Commissioner of Lands 6.—(1) There is to be a Commissioner of Lands appointed by the Minister for the general administration of this Act. [17/2001] (2) The Minister may also appoint from among officers of the Authority any number of Deputy Commissioners and Assistant Commissioners of Lands that may be necessary to carry out the provisions of this Act and any rules made under this Act. [17/2001] (3) A Deputy Commissioner or an 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. [2D [17/2001] Power to make rules for disposal of available lands 7.—(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 are to be made and the terms and conditions on which grants, leases or other dispositions are to 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; (c) the time and place at which, and person to whom, rent must be paid. [3 Modes of alienation 8. Any State land that is 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 of the land; (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. [3A [9/2009; 11/2015] What is subterranean space reasonably necessary for use and enjoyment of surface earth 9.—(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) the depth of subterranean space that 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. [11/2015] (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. [11/2015] (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) the depth of subterranean space that 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. [3B [11/2015] Easement of subjacent support 10.—(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. [11/2015] (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, any access to the servient tenement (through agents and employees) that is reasonably required for erecting or installing any structure mentioned in paragraph (a), or for maintaining, replacing, renewing or restoring any such structure. [11/2015] (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. [11/2015] (4) Without affecting subsection (2), the easement implied under subsection (1) confers and imposes all ancillary rights and obligations reasonably necessary to make it effective. [11/2015] (5) The easements implied under this section take effect and are enforceable without any registration or notification under the Land Titles Act 1993 on the folios relating to the parcel of land concerned. [11/2015] (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. [11/2015] (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. [3C [11/2015] Form of grant 11.—(1) Every grant or lease of State land issued under this Part must be in the prescribed form and must be signed by the Collector. 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 3 May 1907, there is implied, in the absence of an express provision to the contrary, a condition with respect to the land comprised in the grant or lease to the effect that there is reserved to the State or its grantees the right to enter upon the land and to search for and take any mineral oil which may be found in or on the land upon paying to the grantee or lessee of the land such compensation for any damage occasioned thereby as may be assessed by the Collector. Difference as to compensation to be settled by arbitration (3) If any person so entitled to compensation is dissatisfied with the compensation as assessed by the Collector, the difference between them must be referred to arbitration, and the sending in by that person of a claim to compensation after the Collector has made an offer of compensation in writing must be treated as a submission to arbitration under the Arbitration Act 2001. [9/2009] Implied condition as to claims of right of way (4) In every grant or lease made by the Crown or the State after 1 December 1915, there is implied, in the absence of an express provision to the contrary, by virtue of this Act in respect of the land comprised in the grant or lease the condition that where any claim is made to the Collector by the owner or occupier of any land adjacent to the land comprised in the grant or lease for a right of way from the owner’s or occupier’s lands over the land comprised in the grant or lease to facilitate the owner’s or occupier’s access to the nearest public road — (a) the Collector may mark out for the purpose a road or way over the land comprised in the grant or lease; (b) in that case the owner or occupier of those adjacent lands making the claim is entitled to pass and repass with or without animals or vehicles over the road or way so marked out, making full compensation for damage done to growing crops and permanent improvements; and (c) the expense of making and maintaining any road or way used for the purpose must be borne by the owner or occupier of those adjacent lands using it, and any dispute relating thereto must be settled by the Collector whose decision is final. [9/2009] Presumption as to grant of estate in perpetuity (5) Every grant of land issued under subsection (1) before 1 March 1961 is deemed to confer an estate in perpetuity on the grantee. [4 Death of grantee or lessee 12.—(1) Where a grant or lease has been issued under this Act, or a certificate has been issued by the Collector pursuant to Part 3 of the Land Titles Act 1993, to an individual who, unknown to the Collector, was deceased at the date of the issue of the grant or lease or Collector’s Certificate and pursuant to the issue of such grant, lease or certificate the Registrar of Titles has issued a certificate of title to the deceased — (a) the personal representative of the deceased may apply to the Registrar of Titles to have the certificate of title duly amended and endorsed with the personal representative’s name as the registered proprietor of the land comprised in the certificate of title in place of the deceased; and (b) the Registrar of Titles, if he or she is satisfied that the personal representative has obtained a grant of probate of the will or letters of administration of the estate of the deceased or has been vested with authority to act as such personal representative (as the case may be) must make the appropriate amendment and endorsement on the certificate of title, and the State grant or lease affected, and thereupon section 109 of the Land Titles Act 1993 applies with the necessary modifications. (2) For the purposes of this section, “personal representative” includes — (a) an executor, whether original or by representation; (b) an administrator; or (c) a trustee, for the time being of the estate of a deceased. [5 Implied covenants in statutory grant 13.—(1) In every grant issued under this Part, there is implied, in the absence of an express provision to the contrary, all the following covenants by the grantee with the Government: (a) that the grantee, the grantee’s executors, administrators and assigns will pay at the time and place prescribed in relation to the land described in the grant, the rent (if any) mentioned in the grant payable in respect of the grant by reason of the periodical revisions mentioned in section 16; (b) that the grantee, the grantee’s executors, administrators and assigns will maintain in substantial repair all landmarks by which the boundaries of the land are defined; (c) that the grantee, the grantee’s executors, administrators and assigns will not use any portion of the land for the burial of a human body without the Minister’s written permission; (d) that the grantee, the grantee’s executors, administrators and assigns will not assign or demise the land in parcels or otherwise than the entirety thereof except in the case of a lease for a term not exceeding 7 years. (2) The burden of the covenants mentioned in subsection (1) runs with the land comprised in the grant. (3) If the grantee assigns the land comprised in a grant issued under this Part, and the assignment is duly registered in accordance with the law for the time being in force relating to registration, the personal liability of the grantee in respect of future rent which becomes due under the grant after the date of such registration ceases as from that date. [6 Implied conditions in grants and leases 14.—(1) Every grant or lease under this Part is also subject, in the absence of an express provision to the contrary, to all the following agreements and conditions in respect of the land comprised in the grant or lease: (a) that there is reserved to the State a royalty of 10% of the gross produce of all mines and minerals other than laterite found in or upon the land; (b) that earth, clay, gravel, sand and stone and other materials which may at any time be required for the roads, public buildings or other public purposes of Singapore may be taken and removed by or on behalf of the State from the land (not being the site of a messuage or dwelling house, or of any building attached or adjoining to the messuage or dwelling house, and not being the curtilage, garden or orchard of the messuage or dwelling house or the close in which the same is built or pleasure grounds adjoining and belonging to the messuage or dwelling house) without compensation except for actual damage done to growing crops, roads, paths, fruit trees or buildings; (c) that the officers of the Government and their workmen are at all times to have free access to the land for the purpose of making drains and sewers, and laying down water pipes, electric and telegraph wires, and other underground communications, and using, repairing and maintaining the same; (d) that the Collector and any officer authorised by him or her in writing are at all times to have free access to the land; (e) that in case of breach of or default in observing any of the implied covenants mentioned in section 13 other than those for the payment of rent and the maintenance of landmarks, the Collector or any officer authorised by him or her in writing, may, on behalf of the State, re‑enter on the land, or on any portion of the land in the name of the whole, and upon the re‑entry the same is forfeited to and vests in the Government. [9/2009] (2) Every grant or lease under this Part issued after 1 January 1936 is also subject, in the absence of an express provision to the contrary, to all the following agreements and conditions in respect of the land comprised in the grant or lease: (a) that the grantee or lessee, and the executors, administrators and assigns of the grantee or lessee, will not at any time, without the President’s written consent and subject to any conditions that the President considers fit, open, work or dig for any oil, mines, minerals, quarries, laterite, clay, gravel or sand (except materials for the making of or repairing new or existing roads on the land) but will to the utmost of his, her or its power keep the oil, mines, minerals, quarries, laterite, clay, gravel or sand pits or deposits unopened and unworked; (b) that in case of breach of or default in observing the agreement mentioned in paragraph (a) or any such conditions mentioned therein the same powers of re‑entry and forfeiture apply to the land as are by subsection (1)(e) applied to the breaches and defaults mentioned in that subsection. [7 Assignee bound by covenants in State grants or leases, etc. 15.—(1) An assignee of, or any person who becomes a proprietor of, any land in Singapore is bound by the exceptions, reservations or covenants (restrictive or otherwise) contained in the Crown grant or lease, or State grant or lease, irrespective of whether the assignee or proprietor has notice (actual or constructive) of such exceptions, reservations or covenants. (2) This section applies to all grants and leases issued before, on or after 15 January 1981. [8 Rent reserved and periodical revision of rate of rent 16.—(1) The sum (if any) reserved to the Crown or the State as rent in a grant issued under this Part is payable by the grantee, the grantee’s executors, administrators or assigns annually from the date of the grant up to 31 December 1914, the rent for each year being payable on 1 January in that year, and subsequently until the revision mentioned in this section. (2) As soon as may be after 1 January 1915 and thereafter as soon as may be at the end of every 30 years, the Minister may revise the rent so reserved and fix the sum which is payable for the then current term of 30 years, or the remainder of the term, but so that the rent payable in any such term of 30 years does not exceed by more than 50% the rent which was payable in the immediately preceding term. (3) In making such revision, improvements made by the landholder or the landholder’s predecessors in title must not be taken into account. (4) In making such revision, the Minister need not consider each grant separately, but may fix certain areas, and make a general revision in respect of all lands situated within those areas. (5) The Minister may make rules for the purpose of carrying out the provisions of this section. (6) All such rules must be presented to Parliament as soon as possible after publication in the Gazette. (7) If a resolution is passed pursuant to a motion (notice of which has been given for a sitting day not later than the first available sitting day of Parliament next after the expiry of one month from the date when the rules made under this section are presented to Parliament) annulling the rules or any part of the rules as from a specified date, the rules or such part thereof (as the case may be) become void as from that date but without affecting the validity of anything previously done under the rules or part of the rules or to the making of new rules. [9 Land granted for religious purposes, etc., when resumable 17.—(1) Any land granted or leased by or on behalf of the Crown or the State or the former East India Company free of rent, or at merely nominal rent, as a building site for a religious edifice, or otherwise for religious or charitable purposes, is forfeited to and vests in the Government if at any time the land or the building on the land is applied without the written consent of the President to purposes other than those (if any) specified in the grant or lease. [9/2009] (2) For the purpose of giving effect to any provision of any international convention, treaty or agreement to which Singapore is a party, the Minister may, by order in the Gazette, vest in the Government any estate or interest in land pursuant to such provisions and specified in the order, and upon the coming into operation of any such order, the estate or interest to which the order relates vests, by virtue of that order and without any conveyance, assignment or further assurance, in the Government free from encumbrances. [9/2009] (3) This section applies to all grants and leases whenever made. [10 Issue of State title or Collector’s Certificate pending final survey of land area 18.—(1) Pending the issue of a grant or lease for any State land, the Collector may, where the circumstances so require, issue a Collector’s Certificate in respect of any land which has not been surveyed and demarcated to the satisfaction of the Collector and the survey has not yet been approved by the Chief Surveyor and include a caution as to the inconclusiveness of the boundaries and dimensions of the land. (2) Despite subsection (1), the Collector may, where applicable, issue a grant or lease for any parcel of land even though its land area is only an estimated area as shown in a plan filed with and approved by the Chief Surveyor and include a caution as to the inconclusiveness of the boundaries and dimensions of the land. (3) For the purposes of subsections (1) and (2), the Collector may require the intended grantee or lessee to engage a registered surveyor to carry out a survey in accordance with the provisions of the Land Surveyors Act 1991 and the Chief Surveyor must forward the plan to the Collector after it has been filed with and approved by the Chief Surveyor. (4) With regard to all land alienated under subsection (1) or (2) and which has been taken possession of with the Collector’s agreement, payment of the rent reserved under an agreement for alienation may be demanded and enforced as if a grant or lease had been issued for a parcel of land with conclusive land area and boundaries. [11 Agreement to be called in where title issued after survey 19.—(1) At any time after the survey of any land occupied by virtue of an agreement entered into under section 18, the Collector may, by a written notice duly served as prescribed, require the occupier of the land by virtue of the agreement to deliver up the agreement to the Collector to be cancelled. (2) In exchange for the agreement when so delivered up, a grant or lease must be issued in accordance with the terms of the agreement. [12 Surrender of title 20.—(1) If the owner of the land comprised in any Crown grant or lease, or State grant or lease, desires to surrender the owner’s title to the land in exchange for one or more new titles for development, subdivision or other purposes, the owner may apply to the President to accept the surrender of the owner’s existing title to the land and, in lieu thereof, to regrant one or more titles for the whole of the land or in parcels, subject to any terms and conditions imposed by the President for accepting the surrender. (2) When the President is satisfied with the title of the applicant and the applicant has agreed to accept all the terms and conditions imposed by the President under subsection (1), the President has to accept a surrender of the grant or lease and issue to the applicant, in lieu of the grant or lease surrendered, one or more new grants or leases for the land or in parcels. (3) The applicant must pay all costs and expenses of, or consequent on, the application. [13 Surrender of State lease with a view to grant of new State lease 21.—(1) A State lease (called in this section the original State lease) may be surrendered, whether before or after 4 August 1995, with a view to accepting a new State lease in place of the original State lease, without a surrender of any sublease derived out of the original State lease. [9/2009] (2) A new State lease may be granted and accepted, in place of any original State lease so surrendered, without any such surrender of a sublease specified in subsection (1), and the new State lease operates as if all subleases derived out of the original State lease had been surrendered before the surrender of the original State lease was effected. [9/2009] (3) The lessee under the new State lease and any person deriving title under the lessee is entitled to the same rights and remedies in respect of the rent reserved by and the covenants, agreements and conditions contained in any sublease as if the original State lease had not been surrendered but was or remained vested in the lessee. [9/2009] (4) Each sublessee and any person deriving title under the sublessee is entitled to hold and enjoy the land comprised in the sublease (subject to the payment of any rent reserved by and to observance of the covenants and conditions contained in the sublease) as if the original State lease out of which the sublease was derived had not been surrendered. [9/2009] (5) The Government in granting the new State lease is entitled to the same remedies, by distress or entry in and upon the land comprised in any such sublease for rent reserved by or for breach of any covenant, agreement or condition contained in the new State lease (so far only as the rents reserved by or the covenants, agreements or conditions contained in the new State lease do not exceed or impose greater burdens than those reserved by or contained in the original State lease out of which the sublease is derived) as the Government would have if — (a) the original State lease had not been surrendered; or (b) a new sublease derived out of the new State lease had been granted to the sublessee or a person deriving title under the sublessee, as the case may be. [9/2009] (6) For the purposes of subsection (5), the imposition of any covenant restricting the use or development of land comprised in a new State lease is not to be regarded as imposing a greater burden than those covenants contained in the original State lease. (7) This section does not affect the powers of the court to give relief against forfeiture. [13A