YVONNE LIM Today Online 12 Feb 15;
SINGAPORE — A new law that enables the Government to acquire a specific stratum of underground space to develop public projects, instead of having to acquire the entire column of land, was proposed in Parliament today (Feb 12).
The Land Acquisition (Amendment) Bill, which seeks to amend the existing Land Acquisition Act, will also allow for acquisition of a specific stratum of airspace.
Additionally under the proposed law, landowners whose land rights have been violated due to temporary occupation, acquisition of underground or airspace stratum, or severance, may request for the Government to acquire their land.
The Bill will also seek to streamline and refine the legal framework for temporary occupation of land for public purposes. These amendments will facilitate the Government’s future long-term plans to use and develop underground space “in land-scarce Singapore”, a statement by the Ministry of Law (MinLaw) said.
“More extensive use of underground space will benefit Singaporeans as surface land may be used for other purposes, such as park and greenery, homes and offices,” MinLaw said.
Meanwhile, amendments to the State Lands Act were also introduced today under the State Lands (Amendment) Bill. The amendments state that landowners also possess 30m of subterranean land below the Singapore Height Datum (SHD). Land deeper than 30m SHD will belong to the State.
The SHD is a level fixed across the whole of Singapore, from which height measurements take reference. It is pegged to Singapore’s historical mean sea level.
Currently, the law states that any land surface — and the column below it — is for the use and enjoyment of the landower as “reasonably necessary”. But the law does not spell out the specific amount of underground land belonging to the landowner.
The amendments will not affect how landowners use and develop their underground space, and they will still have all the space they need, the MinLaw statement said, as basement developments in Singapore generally only extend to about 15m underground.
Changes proposed to State Lands Act regarding underground space
Faris Mokhtar Channel NewsAsia 12 Feb 15;
SINGAPORE: Land owners of both residential and commercial properties can only develop its underground space up to a depth of 30 metres under the Singapore Height Datum, under proposed changes to the State Lands Act.
The Singapore Height Datum is a level fixed across the whole of Singapore, from which height measurements take reference.
The State Lands Act was one of two Acts introduced in Parliament on Thursday (Feb 12) that will see changes to facilitate long-term planning for the use and development of underground space.
Currently, the State Lands Act is ambiguous in nature regarding the extent of underground ownership - it only states that those who own the land above ground also own the underground space, to a depth reasonably necessary for the use and enjoyment of the property.
Proposed changes to the Act will seek to clarify that. However, the Ministry of Law said it will not affect how land owners currently use and develop their underground space. The drilling of piles to the depths required for the support of surface developments will also still be allowed.
In general, the developments of underground space can extend to about 15 metres deep. For example, ION Orchard's underground basement reaches a depth of about 10 metres, while the development beneath Fusionopolis measures about 15 metres deep to build the One-North MRT line.
The Land Acquisition Act will also be amended, giving the Government flexibility to acquire a specific pocket of underground space or airspace should it be required for development of a public project. This will minimise inconveniences, especially to landed property owners.
The Law Ministry said that changes to the two Acts are "necessary" to facilitate the Government's long-term planning for the use and development of underground space in the future.
- CNA/ac
2 Bills pave way for city beneath city
Cheryl Ong The Straits Times AsiaOne 15 Feb 15;
As land-scarce Singapore looks to develop more underground space, legal amendments were tabled yesterday to pave the way for this city beneath a city.
Two Bills were introduced in Parliament to clarify ownership rights to underground and above-ground space and to allow for the acquisition of this space.
The main focus for now is below ground. Landholders will be deemed to own the space down to 30m below a level known as the Singapore height datum (SHD) - a flat islandwide plane not varying according to land contours and pegged to the mean historical sea level - unless stated otherwise in the land title.
Land more than 30m below the SHD will belong to the State and developments at such depths are "unlikely" to affect the owner's property use, said the Ministry of Law. Most basements here, for instance, go no deeper than about 15m below the SHD.
The changes will bring clarity to an existing law that stipulates only that ownership applies to a depth that is "reasonably necessary for the use and enjoyment of the property". Piling works are unaffected by the changes.
The move follows a proposal by National Development Minister Khaw Boon Wan last September to lay out an underground master plan. This includes possible underground pedestrian links, cycling lanes, shopping areas and public spaces. The Jurong Rock Caverns is the deepest underground project here, at 150m below the SHD. So far, Fusionopolis in one-north is the deepest commercial project, at 15.8m below the SHD.
A second Bill means the Government would be able to acquire strata space below or above ground to develop public projects, without owning the surface land.
An example of above-ground use of space might be a flyover.
For underground space, land owners will be compensated for the acquired stratum at "market value", or for any subsequent damage to the surface development.
Though it is unclear how underground space will be valued, a ministry spokesman said compensation will be "site specific" .
"The boundaries of all surface land are precisely marked out," said the spokesman. "What we are trying to do is clarify the boundaries for the vertical plane of this space as well."
The Bills will not change laws that allow for compulsory acquisition of land by the Government.
The Rochor Centre housing and commercial complex in Ophir Road, for instance, was acquired to make way for a segment of the new North-South Expressway.
Mr Robson Lee, a corporate lawyer, said of the move: "The Government is planning for the future, and will need to have legislative backing to give legal basis to do what it needs to do."
