These explanatory notes may help to explain some of the expressions used on this Website but if you are in any doubt, or if you are affected by any matter under the Land Acquisition Act, or if you think you may be so affected then you should consult a lawyer.
|LAA||This refers to the Land Acquisition Act.|
|Appellant||An appellant is a person who appeals to the Board.|
|Assessor||An assessor is a member of the panel of assessors appointed by the Minister under section 26 of LAA.|
|Award||An award is a decision of the Collector made after holding an inquiry under section 10 of LAA.
It is in writing signed by him and decides (a) the area of the land, (b) the compensation which in his opinion should be allowed for the
land, and (c) the apportionment of the compensation among all the persons interested.
|Board||Board means an Appeals Board constituted under section 19(1) of LAA.
Where an appeal is against an award of $250 000 or more the Board consists of the Commissioner sitting with two assessors.
Where an appeal is against an award of less than $250 000 the Board consists of the Commissioner sitting alone or, if he thinks fit with, two assessors. The assessors are selected by the
Commissioner from the panel of assessors.
|Appeal||Where land is acquired under LAA and the Collector has made an award any person interested may appeal against the award subject
to section 23 of LAA. The appeal will be heard by the Board.
|These are decisions in appeals previously heard and decided by the Board.|
|Collector||Collector means any officer of the Singapore Land Authority or any public officer appointed by the Minister to be a Collector of Land Revenue.
It is the Collector who takes proceedings for the acquisition of land under LAA and who makes an award after holding an inquiry.
|Commissioner||Commissioner means the Commissioner of Appeals appointed by the President under section 19(2) of LAA. He presides at the hearing of an appeal.|
|Compensation||Compensation means an amount awarded for land acquired under LAA|
|Costs||This refers to an amount which the Board may order to be paid to a party to compensate him for expenses incurred in bringing or defending an appeal or other proceedings before the Board.
Section 32 of LAA provides for costs of an appeal to be paid by an appellant or the Collector.
Where there is a dispute as to apportionment of the amount of the compensation section 39 of LAA provides for the costs of the proceedings for apportioning the amount to be paid by the persons interested in the proportions.
|Directions||Directions are instructions given by the Board as to the steps to be taken by the parties for the conduct of the appeal. Directions may relate to such matters as the exchange of documents and affidavits before a hearing.|
|The Board may hold a Pre-Hearing Conference (PHC) whenever and as often as there is any need for it. At a PHC the Board may make orders and give directions for the conduct of the appeal.|
|If all the parties agree a PHC may also be conducted by email (e-PHC).
Presently e-PHC is not available where the appellant is not represented by a lawyer.
|When a Notice of Appeal has been received by the Board a copy will be sent to the Collector and the Collector will send his Grounds of Award to the Registrar and the Registrar will serve a copy on the appellant. The Grounds of Award will contain, among other things, the basis for the compensation he has awarded.|
|Hearing||A hearing is an occasion in a formal setting for the Board to hear the parties and will usually be held in a Court Room in the Supreme Court. At a hearing of an appeal witnesses may be called to give evidence and the parties or their lawyers if they are represented will be heard.|
|Inquiry||This refers to an inquiry held by the Collector under section 10 of LAA. The Collector will inquire into the objections to the measurements of the land, the value of the land, and the respective interests of the persons claiming the compensation.|
|This is an application to the Board which is made by a party (referred to as the “Applicant”) usually before the conclusion of the Appeal. It will be heard before the Registrar. An Interlocutory Application is made by lodging with the Registrar a notice of application in duplicate.
If it is a consent or unopposed application it must be indorsed by the party consenting or not opposing. The attendance of the parties is not required unless otherwise notified by the Registrar. The decision of the Registrar will be given by indorsement on the duplicate of the application which will be given to the Applicant.
In the case of other applications the Registrar will give notice of hearing. Any party dissatisfied with any decision of the Registrar may appeal to the Commissioner by notice lodged with the Registrar within 7 days of the Registrar’s decision.
A Form of an Interlocutory Application may be downloaded from the Website.
|An appeal to the Board is made by lodging with the Registrar a written notice of appeal in duplicate. This must be done within 14 days of the receipt of the Collector’s award. A Form of a Notice of Appeal may be downloaded from the Website.|
|A person interested includes every person claiming an interest in compensation to be made on account of the acquisition of land under LAA, but does not include a tenant by the month or at will.|
|Within 14 days of the date on which the Collector’s Grounds of Award have been served on the appellant he must lodge with the Registrar a Petition of Appeal in duplicate. The Petition of Appeal must state the grounds of appeal on which the appellant intends to rely at the hearing of his appeal.
A Form of a Petition of Appeal may be downloaded from the Website.
|Practice Directions are standing directions made by the Board for the conduct of an appeal.|
|Registrar||Registrar means the Registrar of the Board appointed by the Minister under section 21 of LAA. The Registrar is the principal officer of the Board and he also makes Orders and gives Directions at PHC, e-PHC and on Interlocutory Applications.|
|Registry||The registry is the office of the Board.|
|Respondent||A Respondent is a person against whom an appeal has been brought.|