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Thursday, September 2, 2010

Land Acquisition (Amendment) Act 2007

-came into force in 7 may 2007,This Act amends the Land Acquisition Act to abolish the use of a statutory date in determining the basic compensation for land that is compulsorily acquired on or after 12 February 2007 and to provide that the basic compensation will instead be the market value of the land as at the date of its acquisition.


However, the market value of the acquired land cannot exceed the price which a bona fide purchaser might reasonably be willing to pay for the land. The market value of the land is to be arrived having regard (but not only) to the zoning and density requirements and any other restrictions imposed by or under the Planning Act at the date of acquisition, and any restrictive covenants in the title of the acquired land. However, no account is to be taken of any potential value of the land for any other use more intensive than what is permissible by or under the Planning Act as at the date of its acquisition.


The Land Acquisition Act is also amended so that when accessing the market value of acquired land, it will no longer be prohibited to take into account any increase in value arising from any improvement to the land within two years before the date the land is declared to be required for a public purpose, or from development in the neighbourhood by the provision of roads, drains, electricity, water, gas or sewerage or social, education or recreational facilities within seven years preceding that date.


The special compensation provisions for acquired land which is used as a burial ground and acquired land that is devastated or affected, directly or indirectly, by fire, explosion, thunderbolt, earthquake, storm, tempest, flood or any act of God, have also been abolished. Such land, if acquired, will be assessed no differently from other acquired land.


The compensation for land acquired before 12 February 2007 continues to be governed by the existing law.


The Act also makes improvements and establishes new procedures for the compulsory acquisition of land to simplify the acquisition process.




The Spam Control Bill 2007 (the 'Bill') has been passed in Parliament on 12 April 2007. The Bill was introduced in Parliament on 12 February 2007 following two public consultations in 2004 and 2005 which were jointly conducted by the Info-communications Development Authority of Singapore and the Attorney-General's Chambers. The Bill regulates the sending of electronic messages per se as well as the sending of 'spam', defined in the Bill as the sending of unsolicited commercial electronic messages in bulk.


The Competition (Amendment) Bill 2007 (the 'Bill') was introduced in Parliament today (9 April 2007). The Bill will amend the Competition Act (the 'Act') for, amongst others, the following purposes:


1 To extend Part III of the Act to an anticipated merger which, if carried into effect, will result in the occurrence of a merger, as defined in the Act. The amendments will permit voluntary statutory notifications of certain anticipated mergers to be made to the Competition Commission of Singapore (the 'CCS') for decision.


2 To remove notifications for guidance in respect of the section 54 prohibition and to remove the provision that allows the CCS to re-open a non-infringement decision on a merger due to a material change in circumstances.






3 To clarify when a merger occurs, the test for control for the purposes of determining when a merger has occurred, and who is a party involved in a merger for the purposes of notification, decision and appeal.






4 To replace the criterion for a joint venture to be considered as a merger.






5 To clarify, in respect of the three prohibitions in the Act, that when the CCS gives guidance or makes a decision that one prohibition is unlikely to have been, or has not been, infringed, this will not preclude an investigation by the CCS into a possible infringement of the other two prohibitions.






6 To exclude from the section 34 prohibition and the section 47 prohibition, mergers and ancillary ?restrictions (additional arrangements not integral to the merger, but which are directly related and necessary to its implementation).






7 To exclude from the section 54 prohibition, mergers where the resultant economic efficiencies outweigh any adverse effect from the substantial lessening of competition arising from the mergers, and to clarify the ambit of the exclusion in respect of mergers approved under any written law.

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