Temporary Occupation Licences for Properties Already Acquired by and Reverted to Government
Ministry of LawSpeakers
Summary
This question concerns the criteria for Temporary Occupation Licences (TOLs) on state-acquired properties, with MP Leon Perera inquiring about renewal terms, heritage considerations, and the transfer of licences to relatives. Second Minister for Law Edwin Tong Chun Fai explained that TOLs allow for flexible interim use of land not immediately required for development, involving consultations with agencies to assess heritage and community impact. He noted that the Singapore Land Authority evaluates duration and renewals on a case-by-case basis, considering development timelines and potential disamenity. Regarding inheritance, the Minister stated that requests to pass TOLs to surviving relatives are reviewed based on the specific merits and context of each application. He added that factors like heritage value are taken into account when the Government determines the appropriate length of these short-term instruments.
Transcript
5 Mr Leon Perera asked the Minister for Law for Temporary Occupation Licences (TOLs) issued for continued occupation by owners of properties that are already acquired by and reverted to the Government and which are not required for immediate development (a) what are the considerations behind the decisions for (i) renewal or termination of TOLs and (ii) duration of each TOL term; (b) whether the occupants are consulted in such decisions; (c) whether there is a standard process for public interest like heritage value or community impact to be taken into consideration in these decisions; and (d) whether TOLs can be passed on from a deceased family member to surviving relatives.
The Second Minister for Law (Mr Edwin Tong Chun Fai) (for the Minister of Law): Mr Speaker, it is difficult to answer this question if it is hypothetical because much depends on the specific circumstances of each case. A non-exhaustive list of such factors could include: the nature of the property acquired; the nature of its heritage value; the possible immediate uses; the possible need for works to be carried out on the property; whether the Government assesses that it should keep the property vacant while the various factors are being assessed; or whether it is possible or appropriate for the property to be put to some interim use.
If the Member has a specific property in mind, he can let us know and we will consider.
With the above in mind, I will set out my answer. Sir, state lands which are not required for immediate development can be put to interim use through tenancy agreements or Temporary Occupation Licences (TOLs). TOLs are issued to preserve flexibility for the Government's discretion as to the use of state lands, which are needed for a variety of purposes. The terms of the TOLs would reflect this.
Before the issuance of a TOL, the Singapore Land Authority (SLA) will consult with various agencies such as the Urban Redevelopment Authority or the Ministry of Culture, Community and Youth, where lands are to be let out for community uses.
TOLs are short-term instruments. SLA will consider each application for a TOL or its renewal on its merits, taking into account various factors such as the nature of the land in question, whether a site might be affected by development plans and whether the proposed use might generate disamenity in the community.
TOLs can be terminated if the licensee no longer wishes to use the land, or if there are breaches of the TOL conditions, or if the land is required for redevelopment.
SLA will consider all requests for passing on of the TOL from a deceased person to surviving relatives. Cases will be considered on their merits, the context of the person or persons applying and whether there are other relatives, as well as other factors.
Mr Speaker: Mr Perera, can you keep your supplementary questions short.
Mr Leon Perera (Aljunied): Thank you, Mr Speaker, Sir, yes, just very briefly. I thank the Minister for his answer. I just wanted to clarify that in the case of TOLs issued to sites which have been slated for future re-development – sometimes, the terms are very short – where possible, would the Government consider, in a rather than one year, say two year or three year extensions where there is a strong heritage case and where heritage groups have made that argument. That is the first clarification.
Second and last one, does the Government work with heritage groups to take their inputs into account when making these TOL decisions.
Mr Edwin Tong Chun Fai: Sir, as I mentioned, the Government takes into account a variety of various factors, whilst at the same time preserving its discretion to deploy the land for efficient uses.
Having said that, on a case-by-case basis, we will consider the appropriate length, having regard to factors such as whether the land is going to be put up or re-developed immediately and the time span for that; as well as factors such as its purpose and use in the community, including matters such as its heritage value.
11.00 am
Mr Speaker: Order. End of Question Time. The Clerk will now proceed to read the order of the day.
[Pursuant to Standing Order No 22(3), Written Answers to Question Nos 8-10 and 12-14 on the Order Paper are reproduced in the Appendix. Question Nos 6-7 and 11 have been postponed to the sitting of Parliament on 4 March 2021.]