201907.10

Town and Country Planning Act 1976- Part 2

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(1a) The State Authority may specify that the development proposal report submitted under subsection (1) in respect of certain categories of development shall include an analysis of the social implications of the development for the area which is the subject of the application for planning permission.

(2) The State Authority may, by rules, exempt any development or class, type or category of development from submitting--

(a) a development proposal report under subsection (1); or

(b) a development proposal report containing any of the matters specified in paragraphs (1)(a) to (g) .

Unannotated Statutes of Malaysia - Principal Acts/TOWN AND COUNTRY PLANNING ACT 1976 Act 172/TOWN AND COUNTRY PLANNING ACT 1976 ACT 172/21b.Layout plans

21b. Layout plans

(1) The layout plans under paragraph 21a(1)(f)shall show the proposed development and in particular--

(a) where the development is in respect of any land--

(i) measures for the protection and improvement of its physical environment;

(ii) measures for the preservation of its natural topography;

(iii) measures for the improvement of its landscape;

(iv) measures for the preservation and planting of trees thereon;

(v) the location and species of trees with a girth exceeding 0.8 metre and other vegetation thereon;

(vi) the making up of open spaces;

(vii) the proposed earthworks, if any; and

(viii) a description of the works to be carried out; and

(b) where the development is in respect of a building with special architecture or historical interest, particulars to identify the building including its use and condition, and its special character, appearance, make and feature and measures for its protection, preservation and enhancement; and

(c) where the development involves a building operation, particulars of the character and appearance of buildings located in the surrounding area.

(2) The local planning authority may give directions to an applicant for planning permission in respect of matters concerning his layout plans as the local planning authority considers necessary.

(3) The applicant to whom directions are given under subsection(2) shall amend the layout plans accordingly, and resubmit the layout plans within such period or extended period as the local planning authority may specify.

(4) If the layout plans are not resubmitted within the specified period or extended period, the application for planning permission shall be deemed to have been withdrawn but the applicant may submit a fresh application.

Unannotated Statutes of Malaysia - Principal Acts/TOWN AND COUNTRY PLANNING ACT 1976 Act 172/TOWN AND COUNTRY PLANNING ACT 1976 ACT 172/21c.Preparation of plan, etc., by a qualified person

21c. Preparation of plan, etc., by a qualified person

All plans, particulars, layout plans and other documents required to be submitted under this Act shall be prepared by--

(a) a person whose qualifications are prescribed under paragraph 58(2)(h); or

(b) a person who is entitled to do so under any other written law.

Unannotated Statutes of Malaysia - Principal Acts/TOWN AND COUNTRY PLANNING ACT 1976 Act 172/TOWN AND COUNTRY PLANNING ACT 1976 ACT 172/22.Treatment of applications

22. Treatment of applications

(1) As soon as possible after the receipt of an application for planning permission, or, if the application is one to which subsection 21(6) applies, as soon as possible after the expiry of the period within which objections may be made or, if objections have been made, as soon as possible after the objections have been dealt with under subsection 21(7), the local planning authority shall decide on the application for planning permission.

(2) In dealing with an application for planning permission, the local planning authority shall take into consideration such matters as are in its opinion expedient or necessary for proper planning and in particular--

(a) the provisions of the development plan, if any;

(aa) the direction given by the Committee, if any;

(b) the provisions that it thinks are likely to be made in any development plan under preparation or to be prepared, or the proposals relating to those provisions;

(ba) the provisions of the Sewerage Services Act 1993 [Act 508];

(bb) the development proposal report;

(bc) the provisions of the Solid Waste and Public Cleansing Management Act 2007 [ Act 672]; and

^*(2a) Where an application submitted under this section involves--

(a) the development of a new township for a population exceeding ten thousand, or covering an area of more than one hundred hectares, or both;

(b) a development for the construction of any major infrastructure or utility; or

(c) a development affecting hill tops or hill slopes, in an area designated as environmentally sensitive in a development plan, the Committee shall request from the Council its advice on the application submitted.

^*(2b) For the purposes of subsection (2a), development for the construction of major infrastructure or utility shall include--

(a) national infrastructure works such as airports, seaports, railway lines and highways; and

(b) national utility works such as the erection of dams, main power stations and toxic waste disposal sites.

(3) After taking into consideration the matters specified in subsection (2), the local planning authority may, subject to subsection (4), grant planning permission either absolutely or subject to such conditions as it thinks fit to impose, or refuse to grant planning permission.

(4) The local planning authority shall not grant planning permission if--

(a) the development in respect of which the permission is applied for would contravene any provision of the development plan;

(aa) the development in respect of which the permission is applied for would contravene the provision of paragraph (2)(aa); or

(b) the applicant for planning permission has neither paid the development charge payable in respect of the development nor obtained the permission of the local planning authority under subsection 34(1) to pay the development charge by installments.

(5) Conditions imposed under subsection (3) may include any or all of the following conditions, that is to say, conditions--

(a) to the effect that planning permission granted in respect of any change of use of land or building is only for a limited period and that, after the expiry of that period, the use of the land or building as authorized by the planning permission shall cease and the land or building shall be reverted to its original use;

(b) to regulate--

(i) the development and use of any other land under the control of the applicant that adjoins the land in respect of which the planning permission is granted; and

(ii) as may appear to the local planning authority to be expedient for the development for which planning permission is granted, the works that may be carried out on such other land and the manner in which and the extent to which such works may be carried out;

(d) prohibiting damage to the land, its physical environment, natural topography and landscape;

(e) prohibiting the removal or alteration of any of the natural features of the land;

(f) prohibiting the felling of trees of a certain size, age, type or species at any particular location, unless it is to comply with any written law;

(g) for securing the planting or replanting of trees of a certain size, age, type or species at any particular location in such manner as may be determined by the local planning authority;

(h) for securing the making up of open spaces in accordance with the approved layout plans;

(i) where the development involves the erection of a new building, or the re-erection or extension of a building or part thereof, conditions to ensure its compatibility with the architecture, character or appearance depicted in the buildings located in the surrounding area, which the local planning authority intends to protect, preserve or enhance;

(j) where the development involves any addition or alteration to an existing building with special architecture or historical interest, conditions to ensure that the facade and other external character of the building is retained; and

(k) where the development involves the re-erection of a building with special architecture or historical interest or the demolition thereof and the erection of a new building in its place, conditions to ensure that the facade and other external character of the demolished building is retained.

(5a) It shall be the duty of the local planning authority to ensure where planning permission is granted that a tree preservation order, if any, is complied with.

(6) If planning permission is granted, whether with or without conditions, it shall conveyed to the applicant in the prescribed form and at the same time a notice of the grant thereof shall be given to any person who has made any objection pursuant to subsection21(6).

Unannotated Statutes of Malaysia - Principal Acts/TOWN AND COUNTRY PLANNING ACT 1976 Act 172/TOWN AND COUNTRY PLANNING ACT 1976 ACT 172/23.Appeal against decision of local planning authority

23. Appeal against decision of local planning authority

(1) An appeal against the decision of the local planning authority made under subsection 22(3) may be made to the Appeal Board within one month from the date of the communication of such decision to him, by--

(a) an applicant for planning permission aggrieved by the decision of the local planning authority to refuse planning permission or by any condition imposed by the local planning authority in granting planning permission; and

(b) a person who has lodged an objection pursuant to subsection21(6) and is aggrieved by the decision of the local planning authority in relation to his objection.

(2) In considering an appeal, the Appeal Board shall hear the appellant and the local planning authority.

(3) After hearing the appeal, the Appeal Board may make an order--

(a) confirming the decision of the local planning authority and dismissing the appeal;

(b) allowing the appeal by directing the local planning authority to grant planning permission absolutely or subject to such conditions as the Appeal Board thinks fit;

(d) allowing the appeal by directing the local planning authority to remove or modify any condition subject to which planning permission has been granted or to replace the condition with such other condition as the Appeal Board thinks fit.

Unannotated Statutes of Malaysia - Principal Acts/TOWN AND COUNTRY PLANNING ACT 1976 Act 172/TOWN AND COUNTRY PLANNING ACT 1976 ACT 172/24.Lapse of planning permission

24. Lapse of planning permission

(1) A planning permission granted under subsection 22(3) shall, unless extended, lapse twelve months after the date of the grant thereof if, within that time, the development had not commenced in the manner specified in the planning permission.

(2) Subsection (1) shall not apply to a planning permission that expressly states that the development for which the planning permission is granted does not involve any building operation.

(3) On an application being made in that behalf in the prescribed manner before the planning permission lapses, the local planning authority may, on payment of the prescribed fee, grant an extension or further extension of the planning permission.

(4) A planning permission extended under subsection (3) shall, unless further extended, lapse twelve months after the date of the extension thereof if, within that time, the development had not commenced in the manner specified in the planning permission.

(5) In granting an extension or further extension of a planning permission under subsection (3), the local planning authority may impose such conditions on the planning permission as it thinks fit or vary the conditions originally imposed; and section 23 shall apply with the necessary modifications to the imposition or variation of conditions under this section as it applies to the imposition of conditions under subsection 22(3).

Unannotated Statutes of Malaysia - Principal Acts/TOWN AND COUNTRY PLANNING ACT 1976 Act 172/TOWN AND COUNTRY PLANNING ACT 1976 ACT 172/25.Revocation and modification of planning permission and approval of building plans

25. Revocation and modification of planning permission and approval of building plans

(1) If it appears to the local planning authority to be in the public interest that a planning permission granted under subsection 22(3) or an approval of a building plan given under any of the previous local government laws should be revoked or modified, the local planning authority may order the permission or approval to be revoked or modified to such extent as appears to it to be necessary.

(2) No revocation or modification under subsection (1) shall have effect until confirmed by the Committee.

(3) An order revoking a planning permission or an approval of a building plan shall state the period within which the person to whom the permission or approval was granted is required to demolish any building erected pursuant to the permission or approval and the maximum amount that the local planning authority is prepared to reimburse the person in respect of costs incurred by him in carrying out the demolition.

(4) If, within the period stated in the revocation order or such longer period as the local planning authority may allow, demolition has not been carried out or completed, the local planning authority may itself and at its own expense carry out or complete the demolition.

(5) If demolition has been completed by the person to whom the planning permission or approval of the building plan was granted, the local planning authority shall reimburse the person the costs actually and reasonably incurred by him in carrying out the demolition, but not exceeding the amount stated in the revocation order.

(6) If demolition has been partially carried out by the person to whom the planning permission or approval of the building plan was granted, but completed by the local planning authority, the local planning authority shall assess the amount that the demolition would have cost had it been carried out entirely by the local planning authority, and determine the amount of the costs actually and reasonably incurred by it in completing the demolition, and shall pay the person by way of reimbursement of his costs the difference between the two amounts or the costs actually and reasonably incurred by the person in carrying out his part of the demolition, whichever is the lesser amount, but in no case shall the local planning authority be bound to pay any amount beyond the amount stated in the revocation order.

(7) If a planning permission or an approval of a building plan is revoked under subsection (1) and the person to whom the permission or approval was granted claims from the local planning authority, within the time and in the manner prescribed, compensation for any expenditure incurred by him in carrying out works to implement the permission or approval prior to its revocation or modification, the local planning authority shall, after giving the person a reasonable opportunity to be heard, offer such compensation to him as the local planning authority thinks adequate.

(8) Where a planning permission or an approval of a building plan is modified under subsection (1), the local planning authority shall reimburse the person to whom the permission or approval was granted the costs actually and reasonably incurred by him in implementing the modification, being costs that he would not have incurred had the modification not been ordered, and shall compensate him for any loss suffered as a result of the modification.

(9) If any person is aggrieved by the amount of any reimbursement or compensation offered or paid to him under this section, he may, within the time and in the manner prescribed, appeal to the Appeal Board and the Appeal Board shall assess the amount of reimbursement or compensation to be paid.

(10) In subsection (1), "previous local government laws" means the the Town and Country Planning Ordinance 1950 [Sabah Cap. 141] and all subsidiary legislation made under the Ordinance as modified by the Federal Territory of Labuan (Modification of Town and Country Planning Ordinance) Order 1985 [P.U. (A) 353/1985], and any other written law replacing any or any part of those laws.

Unannotated Statutes of Malaysia - Principal Acts/TOWN AND COUNTRY PLANNING ACT 1976 Act 172/TOWN AND COUNTRY PLANNING ACT 1976 ACT 172/26.Offences relating to unauthorized development

26. Offences relating to unauthorized development

(1) A person who, whether at his own instance or at the instance of another person--

(a) uses or permits to be used any land or building in contravention of section 18;

(b) commences, undertakes, or carries out, or permits to be commenced, undertaken, or carried out, any development in contravention of section 19 or 20;

(c) commences, undertakes, or carries out, or permits to be commenced, undertaken, or carried out, any development where the planning permission or the approval of the building plan, as the case may be, in respect of the development has been revoked pursuant to section25; or

(d) commences, undertakes, or carries out, or permits to be commenced, undertaken, or carried out, any development after the planning permission or the approval of the building plan, as the case may be, in respect of the development has been modified pursuant to section25 and the development so commenced, undertaken, or carried out is inconsistent with the modified permission or approval,

commits an offence and is liable, on conviction, to a fine not exceeding five hundred thousand ringgit or to imprisonment for a term not exceeding two years or to both and, in the case of a continuing offence, to a further fine which may extend to five thousand ringgit for each day during which the offence continues after the first conviction for the offence.

(2) Unless the contrary is proved, the owner of the land in respect of which any act that constitutes an offence under subsection(1) is done shall be deemed to have permitted the doing of that act.

Unannotated Statutes of Malaysia - Principal Acts/TOWN AND COUNTRY PLANNING ACT 1976 Act 172/TOWN AND COUNTRY PLANNING ACT 1976 ACT 172/27.Enforcement in the case of contravention of section 19

27. Enforcement in the case of contravention of section 19

(1) This section shall apply where it appears to the local planning authority that any development has been or is being undertaken or carried out in contravention of section19.

(2) If the local planning authority is satisfied that, had an application for planning permission or extension of planning permission in respect of the development been made under section 22 or subsection 24(3) before the development was commenced, undertaken, or carried out, it would have, in the proper exercise of its powers under those sections, refused to grant planning permission for the development, then the local planning authority shall--

(a) if the development has been completed, serve on both the owner and occupier of the land a notice in the prescribed form requiring both of them to comply, within the period specified in the notice or within such further period as the local planning authority may allow, with such requirements, to be specified in the notice, as the local planning authority thinks fit in order that the land be restored as far as possible to the condition it was in before the development was commenced;

(b) if the development has not been completed, serve on the owner of the land and the person who, in the opinion of the local planning authority, is carrying out the development, a notice in the prescribed form requiring both of them to discontinue the development forthwith and to comply, within the period specified in the notice or within such further period as the local planning authority may allow, with such requirements, to be specified in the notice, as the local planning authority thinks fit in order that the land be restored as far as possible to the condition it was in before the development was commenced.

(3) If the local planning authority is not satisfied as provided in subsection (2), it shall serve on the owner, occupier, or the person who, in the opinion of the local planning authority, is carrying out the development, as the case may be, a notice informing him of the contravention and calling on him to apply for planning permission within the period specified in the notice or within such further period as the local planning authority may allow.

(4) In any case falling under subsection (3), the local planning authority shall also, if the development has not been completed, serve on both the owner and the person who, in the opinion of the local planning authority, is carrying out the development, a notice in the prescribed form requiring them to discontinue the development forthwith.

(5) The giving of a notice under subsection (3) shall not be construed as an indication of willingness to grant planning permission and shall be without prejudice to the power of the local planning authority to refuse planning permission, and the notice shall contain a statement to that effect.

(6) Any person who continues to carry out any development after being required to discontinue it by a notice served on him under paragraph (2)(b) or subsection(4) commits an offence and is liable, on conviction, to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding six months or to both and to a further fine which may extend to five thousand ringgit for each day during which the development is carried out after the first conviction for the offence.

(7) Sections 21 and 22 shall apply to an application for planning permission under subsection (3), but in addition to any fees prescribed for the purposes of section21, such further fees as may be prescribed shall be payable in respect of the application.

(8) If no application is made under subsection (3) within the time allowed or if the application is refused, the local planning authority shall serve on the owner, occupier, or the person who, in the opinion of the local planning authority, is carrying out the development, a notice in the prescribed form requiring any or all of them to comply, within the period specified in the notice or within such further period as the local planning authority may allow, with such requirements, to be specified in the notice, as the local planning authority thinks fit in order that the land be restored as far as possible to the condition it was in before the development was commenced.

(9) Subject to subsection (10), any person who fails to comply with any requirement of a notice under subsection(2) or (8) within the period allowed commits an offence and is liable, on conviction, to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding six months or to both and to a further fine which may extend to five thousand ringgit for each day during which the failure is continued after the first conviction for the offence.

(10) No occupier of any land to which a notice under subsection(2) or (8) relates, who is not also the owner of the land, shall be liable to be convicted for an offence under subsection (9) if he proves that the development to which the notice relates was not commenced, undertaken, or carried out, or permitted to be commenced, undertaken, or carried out, by him.

(11) In this section, "development" includes any part or feature of a development.

Unannotated Statutes of Malaysia - Principal Acts/TOWN AND COUNTRY PLANNING ACT 1976 Act 172/TOWN AND COUNTRY PLANNING ACT 1976 ACT 172/28.Enforcement in the case of contravention of section 20

28. Enforcement in the case of contravention of section 20

(1) This section shall apply where it appears to the local planning authority that any development has been or is being undertaken or carried out in contravention of section20.

(2) If the local planning authority is satisfied that, had the application for planning permission indicated that the development was to take or result in its present form or state, it would have, in the proper exercise of its powers under section 22, refused to grant planning permission for the development, then the local planning authority shall--

(a) if the development has been completed, serve on both the owner and occupier of the land a notice in the prescribed form requiring both of them to comply, within the period specified in the notice or within such further period as the local planning authority may allow, with such requirements, to be specified in the notice, as the local planning authority thinks fit in order that the development is brought into conformity with the planning permission and the conditions thereof or, where this is not possible, in order that the land be restored as far as possible to the condition it was in before the development was commenced;

(b) if the development has not been completed, serve on the owner of the land and the person who, in the opinion of the local planning authority, is carrying out the development, a notice in the prescribed form requiring both of them to discontinue the development forthwith and to comply, within the period specified in the notice or within such further period as the local planning authority may allow, with such requirements, to be specified in the notice, as the local planning authority thinks fit in order that the development is brought into conformity with the planning permission and the conditions thereof or, where this is not possible, in order that the land be restored as far as possible to the condition it was in before the development was commenced.

(3) If the local planning authority is not satisfied as provided in under subsection (2), it shall serve on the owner, occupier, or the person who, in the opinion of the local planning authority, is carrying out the development, as the case may be, a notice informing him of the contravention and calling on him to apply for a fresh planning permission in respect of the development, as it is in its present form or state, within the period specified in the notice or within such further period as the local planning authority may allow.

(8) If no application is made under subsection (3) within the time allowed or if the application is refused, the local planning authority shall serve on the owner, occupier, or the person who, in the opinion of the local planning authority, is carrying out the development, a notice in the prescribed form requiring any or all of them to comply, within the period specified in the notice or within such further period as the local planning authority may allow, with such requirements, to be specified in the notice, as the local planning authority thinks fit in order that the development is brought into conformity with the planning permission and the conditions thereof or, where this is not possible, in order that the land be restored as far as possible to the condition it was in before the development was commenced.

(11) In this section, "development" includes any part or feature of a development.

Unannotated Statutes of Malaysia - Principal Acts/TOWN AND COUNTRY PLANNING ACT 1976 Act 172/TOWN AND COUNTRY PLANNING ACT 1976 ACT 172/29.Enforcement in the case of development that is inconsistent with modified planning permission or approval of building plan

29. Enforcement in the case of development that is inconsistent with modified planning permission or approval of building plan

(1) This section shall apply where it appears to the local planning authority that any development has been or is being undertaken or carried out after the planning permission or the approval of the building plan, as the case may be, in respect of the development has been modified pursuant to section 25 and the development so undertaken or carried out is inconsistent with the modified permission or approval.

(2) If the local planning authority is satisfied that any part, aspect, or feature of the development that is inconsistent with the modified planning permission or approval of building plan is capable of being modified, added to, or demolished so as to bring about consistency with the modified permission or approval, then the local planning authority shall--

(a) if the development has been completed, serve on both the owner and occupier of the land a notice in the prescribed form requiring both of them to comply, within the period specified in the notice or within such further period as the local planning authority may allow, with such requirements, to be specified in the notice, as the local planning authority thinks fit in order to bring about consistency with the modified permission or approval;

(i) to discontinue all activities forthwith, except those activities that are necessary for complying with the requirements of the local planning authority under subparagraph (ii) and such other activities as may be specified by the local planning authority, until the local planning authority is satisfied that those requirements have been complied with; and

(ii) to comply, within the period specified in the notice or within such further period as the local planning authority may allow, with such requirements, to be specified in the notice, as the local planning authority thinks fit in order to bring about consistency with the modified permission or approval.

(3) If the local planning authority is not satisfied as provided in subsection (2), then the local planning authority shall serve on the owner of the land and, if the development has not been completed, on the person who, in the opinion of the local planning authority, is carrying out the development, a notice in the prescribed form requiring them to comply, within the period specified in the notice or within such further period as the local planning authority may allow, with such requirements, to be specified in the notice, as the local planning authority thinks fit in order that the land be restored as far as possible to the condition it was in before the development was commenced.

(4) Subject to subsection (5), any person who fails to comply with any requirement of a notice under paragraph (2)(a), subparagraph (2)(b)(ii), or subsection(3) within the period allowed commits an offence and is liable, on conviction, to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding six months or to both and to a further fine which may extend to five thousand ringgit for each day during which the failure is continued after the first conviction for the offence.

(5) No occupier of any land to which a notice under paragraph (2)(a) relates, who is not also the owner of the land, shall be liable to be convicted for an offence under subsection(4) if he proves that the development to which the notice relates was not commenced, undertaken, or carried out, or permitted to be commenced, undertaken, or carried out, by him.

(6) Any person who continues to carry out any activity after being required to discontinue it by a notice served on him under subparagraph (2)(b)(i) commits an offence and is liable, on conviction, to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding six months or to both and to a further fine which may extend to five thousand ringgit for each day during which the activity is so continued after the first conviction for the offence.

Unannotated Statutes of Malaysia - Principal Acts/TOWN AND COUNTRY PLANNING ACT 1976 Act 172/TOWN AND COUNTRY PLANNING ACT 1976 ACT 172/30.Requisition notice

30. Requisition notice

(1) If the local planning authority is satisfied--

(a) that any use of land should be discontinued; or

(b) that conditions should be imposed on the continued use thereof; or

(c) that any building or works on any land should be altered or removed, the local planning authority may, with the approval of the State Authority, by a requisition notice served on the owner of the land--

(i) require the discontinuance of that use;

(ii) impose such conditions for the continued use of the land as may be specified in the requisition notice; or

(iii) require such steps as may be specified in the requisition notice to be taken for the alteration or removal of the building or works, and the owner shall, within such period as may be specified in the requisition notice, not being less than one month from the date of service of the notice, comply with such requirements or condition.

(2) A person aggrieved by a requisition notice may, within the period stated therein and in the manner prescribed, appeal to the Appeal Board.

(3) If an appeal is filed under subsection (2), the requisition notice shall be suspended until the determination or withdrawal of the appeal.

(4) In considering an appeal under subsection (2), the Appeal Board shall hear the appellant and the local planning authority.

(5) If the owner of the land to which the requisition notice relates has, in consequence of compliance with the notice, suffered damage in the form of a depreciation in the value of the land or incurred expenses or costs in carrying out works in compliance with the notice, he may claim from the local planning authority, within the time and in the manner prescribed, compensation for the damage, expenses, or costs.

(6) If a claim is made under subsection (5), the local planning authority shall, after giving the person making the claim an opportunity to be heard, offer him such compensation as the local planning authority considers adequate.

(7) If the person to whom compensation is offered under subsection(6) is aggrieved by the amount thereof, he may, within the time and in the manner prescribed, appeal to the Appeal Board and the Appeal Board shall assess the amount of compensation to be paid.

(8) A person who fails to comply with a requisition notice served on him under subsection (1) within the period specified therein or, where an appeal has been made under subsection (2), within such period after the determination or withdrawal of the appeal as may be specified by the local planning authority commits an offence and is liable, on conviction, to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding six months or to both and, in the case of a continuing offence, to a further fine which may extend to five thousand ringgit for each day during which the offence is continued after the first conviction for the offence.

Unannotated Statutes of Malaysia - Principal Acts/TOWN AND COUNTRY PLANNING ACT 1976 Act 172/TOWN AND COUNTRY PLANNING ACT 1976 ACT 172/31.Execution by authorized person

31. Execution by authorized person

(1) If any requirement of any notice served under any of the provisions of sections 27, 28, 29 and 30, other than a requirement to discontinue any development or activity, is not complied with within the period specified in the notice or within any further period that may have been allowed by the respective local planning authority, an authorized person may, with or without workmen, enter upon the land to which the notice relates and take such steps as may be necessary to execute the notice, including the demolishing or altering of any building or works and the removal of any goods, vehicles, or things from any building or from the land.

(2) The local planning authority may request the officer in charge of the police district in which the area of the local planning authority is situated to provide police officers to render assistance to an authorized person in taking any action by virtue of subsection(1) and it shall be the duty of the officer in charge of the police district to comply with the request and of the police officers provided in compliance therewith to render such assistance.

(3) The local planning authority may recover the expenses and costs incurred in executing a notice under subsection (1) from the owner of the land to which the notice relates in the manner in which rates are recovered under any written law relating to local government.

Unannotated Statutes of Malaysia - Principal Acts/TOWN AND COUNTRY PLANNING ACT 1976 Act 172/TOWN AND COUNTRY PLANNING ACT 1976 ACT 172/31a.Inconsistency between building by-laws and development plan

31a. Inconsistency between building by-laws and development plan

Where an inconsistency exists between any building by-laws and a development plan in relation to any policies in that plan--

(a) the development plan shall prevail over the by-laws; and

(b) the approving authority shall apply the provisions of the building by-laws in such manner and to such extent as may be necessary to avoid the inconsistency, but so as to ensure that the standards of building soundness for the safety of the occupants and amenity achieved in respect of the development are as good as can reasonably be achieved in the circumstances.

Unannotated Statutes of Malaysia - Principal Acts/TOWN AND COUNTRY PLANNING ACT 1976 Act 172/TOWN AND COUNTRY PLANNING ACT 1976 ACT 172/32.Development charge and liability thereto

Part V DEVELOPMENT CHARGE

32. Development charge and liability thereto

(1) Where a local plan or an alteration of a local plan effects a change of use, density, or floor area in respect of any land so as to enhance the value of the land, a development charge shall be levied in respect of any development of the land commenced, undertaken, or carried out in accordance with the change.

(2) The rate of the development charge or the method of calculating the amount of development charge payable shall be as prescribed by rules made under section 35.

(3) The State Authority may, by rules made under section35, exempt any person or class of persons or any development or class, type, or category of development from liability to the development charge, subject to such conditions as the State Authority may specify in the rules.

Unannotated Statutes of Malaysia - Principal Acts/TOWN AND COUNTRY PLANNING ACT 1976 Act 172/TOWN AND COUNTRY PLANNING ACT 1976 ACT 172/33.Determination of development charge

33. Determination of development charge

(1) Before granting planning permission for any development, the local planning authority shall determine whether a development charge is payable in respect of the development and, if payable, the amount thereof, and shall serve on the applicant for planning permission a notice in the prescribed form demanding payment of the amount.

(2) The determination by the local planning authority of the amount of the development charge shall be final and shall not be subject to appeal or review in any court.

Unannotated Statutes of Malaysia - Principal Acts/TOWN AND COUNTRY PLANNING ACT 1976 Act 172/TOWN AND COUNTRY PLANNING ACT 1976 ACT 172/34.Payment of development charge

34. Payment of development charge

(1) The development charge shall be payable in a lump sum, but the local planning authority may, on application by the applicant for planning permission, permit the development charge to be paid by such number of instalments as the local planning authority considers just, with interest at the rate, not being a preferential rate, imposed by the Federation of Banks Malaysia-Singapore on loans secured on immovable property.

(2) If any due instalment of the development charge is not paid, the local planning authority shall give to the person to whom planning permission has been granted a notice informing him of the default and demanding that payment be made within a reasonable time to be specified in the notice.

(3) If the amount due remains unpaid after the time allowed under subsection (2) has lapsed, the whole balance of the development charge shall become due and payable and may be recovered in the manner in which rates are recovered under any written law relating to local government.

(4) All sums received on account of the development charge shall be paid into the fund of the Perbadanan Labuan.

Unannotated Statutes of Malaysia - Principal Acts/TOWN AND COUNTRY PLANNING ACT 1976 Act 172/TOWN AND COUNTRY PLANNING ACT 1976 ACT 172/35.Power to make rules

35. Power to make rules

The State Authority may make rules for the purpose of giving effect to and carrying out the provisions of this Part or of prescribing anything that may be, or is required to be, prescribed under this Part.

Unannotated Statutes of Malaysia - Principal Acts/TOWN AND COUNTRY PLANNING ACT 1976 Act 172/TOWN AND COUNTRY PLANNING ACT 1976 ACT 172/35a.Tree preservation order

Part VA TREE PRESERVATION ORDER

35a. Tree preservation order

(1) If it appears to the local planning authority that it is expedient in the interest of amenity to preserve any tree, trees or group of trees in its area, it may make a tree preservation order with respect to such tree, trees, or group of trees.

(2) A tree preservation order may, in particular, make provisions--

(a) for prohibiting the felling of trees except with the written permission of and subject to conditions, if any, imposed by the local planning authority; and

(b) for securing the planting of trees or the replacement of trees by replanting in such manner as may be determined by the local planning authority.

(3) Paragraph (2)(a) shall not apply to the felling of a tree--

(a) which is dying or dead;

(b) for the prevention of an imminent danger; or

(4) Any person who contravenes any provision in the tree preservation order commits an offence and is liable,on conviction, to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding six months or to both.

(5) Where in any proceeding for an offence under this section it is proved that a tree was felled, it shall be presumed, until the contrary is proved, that the tree had been felled by the occupier of the land on which the tree was growing.

Unannotated Statutes of Malaysia - Principal Acts/TOWN AND COUNTRY PLANNING ACT 1976 Act 172/TOWN AND COUNTRY PLANNING ACT 1976 ACT 172/35b.Tree preservation order not to be made if tree is already subjected to conditions

35b. Tree preservation order not to be made if tree is already subjected to conditions

Notwithstanding section35a, a tree preservation order shall not be made in respect of a tree which has or trees or group of trees which have already been subjected to conditions imposed under paragraphs 22(5)(f) and (g) .

Unannotated Statutes of Malaysia - Principal Acts/TOWN AND COUNTRY PLANNING ACT 1976 Act 172/TOWN AND COUNTRY PLANNING ACT 1976 ACT 172/35c.Appeal against tree preservation order, etc.

35c. Appeal against tree preservation order, etc.

Any person aggrieved by--

(a) a tree preservation order;

(b) any of the provisions of a tree preservation order;

(ii) any of the conditions imposed on a grant of a written permission, under paragraph 35a(2)(a); or

(d) an order to plant or replace trees under paragraph 35a(2)(b), may, within one month from the date of the communication of such order, refusal or imposition of conditions, appeal to the Appeal Board.

Unannotated Statutes of Malaysia - Principal Acts/TOWN AND COUNTRY PLANNING ACT 1976 Act 172/TOWN AND COUNTRY PLANNING ACT 1976 ACT 172/35d.Compensation under a tree preservation order

35d. Compensation under a tree preservation order

(1) If the owner of the land to which a tree preservation order relates proves that he has, in complying with paragraphs 35C(a)to (d) , suffered damages in the form of depreciation in the value of the land, he may claim compensation from the local planning authority.

(2) A claim for compensation under subsection (1) shall be served on the local planning authority--

(a) within six months from the date on which--

(i) the tree preservation order;

(ii) the refusal of a written permission or the imposition of conditions under paragraph 35a(2)(a); or

(iii) the order to replace a tree under paragraph 35a(2)(b), was communicated to the owner of the land; or

(b) where an appeal is made under subsection 35c(1), within six months from the date of the decision of the Appeal Board confirming the order, refusal or imposition of conditions appealed against.

(3) If the owner of such land is dissatisfied with the amount of compensation awarded, he may, within one month from the date of such award, appeal to the Appeal Board which shall have the power to confirm or vary the amount of compensation awarded.

Unannotated Statutes of Malaysia - Principal Acts/TOWN AND COUNTRY PLANNING ACT 1976 Act 172/TOWN AND COUNTRY PLANNING ACT 1976 ACT 172/35e.Replacement of trees

35e. Replacement of trees

(1) It shall be the duty of the person who is found guilty under subsection 35a(4) for felling any tree in respect of which a tree preservation order is for the time being in force, in contravention of the tree preservation order, to replace such tree by planting another tree--

(a) of an appropriate size and species;

(b) at or near the same place or such other place;

(d) subject to such terms and conditions, as may be specified by the local planning authority unless on his application or the application of any other person or at its own discretion the local planning authority dispenses with this requirement.

(2) The time specified by the local planning authority under paragraph (1)(c) for the replacement of a tree may be extended once on the application of the person whose duty it is to replace such tree.

(3) Any person who is aggrieved by--

(a) the refusal to dispense with the requirement for replacement of a tree under subsection (1);

(b) any order given under paragraph (1)(a) or (b);

(d) the refusal to extend time under subsection (2), may, within one month of the date of the communication of such order, refusal or imposition of term and condition, appeal to the Appeal Board.

(4) In relation to any tree replanted under subsection(1), the relevant tree preservation order shall apply to it as it had applied to the original tree.

(5) Where the person whose duty is to replace a tree under subsection (1) fails to do so, he commits an offence and is liable, on conviction, to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding six months or to both.

Unannotated Statutes of Malaysia - Principal Acts/TOWN AND COUNTRY PLANNING ACT 1976 Act 172/TOWN AND COUNTRY PLANNING ACT 1976 ACT 172/35f.Local planning authority to replace tree if the person whose duty it is to replace fails to do so

35f. Local planning authority to replace tree if the person whose duty it is to replace fails to do so

In the event of a failure to replace a tree under subsection 35e(1), the local planning authority may proceed to replace the tree and, notwithstanding payment of a fine under subsection 35e(5), all costs and expenses reasonably incurred thereby by it shall be reimbursed by the person in default of such replacement.

Unannotated Statutes of Malaysia - Principal Acts/TOWN AND COUNTRY PLANNING ACT 1976 Act 172/TOWN AND COUNTRY PLANNING ACT 1976 ACT 172/35g.Revocation of a tree preservation order

35g. Revocation of a tree preservation order

The local planning authority may amend or revoke a tree preservation order including for the purpose of granting planning permission under subsection 22(3) in respect of an area where a tree preservation order is for the time being in force.

Unannotated Statutes of Malaysia - Principal Acts/TOWN AND COUNTRY PLANNING ACT 1976 Act 172/TOWN AND COUNTRY PLANNING ACT 1976 ACT 172/35h.Prohibition to fell, etc., tree with girth exceeding 0.8 metre

35h. Prohibition to fell, etc., tree with girth exceeding 0.8 metre

(1) No person shall, without the written permission of the local planning authority, fell a tree with a girth exceeding 0.8 metre which is not subjected to a tree preservation order unless the felling--

(a) is in respect of such tree which is dying or dead;

(b) is for the prevention of an imminent danger; or

(2) For the purpose of subsection (1), the girth of a tree shall be measured half a metre from the ground provided that the girth of a tree with buttress shall be measured above the buttress.

(3) Any person who contravenes subsection (1) commits an offence and is liable, on conviction, to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding three months or to both.

Unannotated Statutes of Malaysia - Principal Acts/TOWN AND COUNTRY PLANNING ACT 1976 Act 172/TOWN AND COUNTRY PLANNING ACT 1976 ACT 172/36.The Appeal Board

Part VI THE APPEAL BOARD

36. The Appeal Board

(1) For the purposes of this Act, there shall be constituted an Appeal Board in and for the State.

(2) The State Authority shall, by notification in the State Gazette, appoint--

(a) with the concurrence of the Minister, a Chairman and a Deputy Chairman of the Appeal Board, being persons who are or have been judges or advocates and solicitors of the High Court or members of the Judicial and Legal Service of Malaysia or who have had judicial experience or other suitable qualifications and experience; and

(b) such number of fit persons, not exceeding twelve, as the State Authority considers adequate to be additional members of the Appeal Board.

(3) A person appointed under subsection (2) shall, unless he sooner resigns his office or his appointment is sooner revoked, hold office for such period not exceeding three years as the State Authority shall specify in the notification of appointment, but shall be eligible for reappointment.

(4) The State Authority may revoke the appointment of a member of the Appeal Board without assigning any reason therefor.

(5) When the Chairman is unable to exercise his functions owing to illness, absence from Malaysia, or any other cause, the Deputy Chairman shall exercise the functions of the Chairman; and in exercising those functions, the Deputy Chairman shall, for the purposes of this Act, be deemed to be the Chairman of the Appeal Board.

(6) Whenever a need arises for the Appeal Board to be convened, the Chairman shall call upon any two of the members appointed under paragraph (2)(b) to serve with him on the Appeal Board; and it shall be the duty of every member so called upon, to serve on the Appeal Board, unless he is excused by the Chairman, on such grounds as the Chairman considers reasonable, from so serving.

(7) A member of the Appeal Board having an interest in any matter before it shall, as soon as he is aware of his interest, disclose the fact and nature thereof to the Chairman and shall take no part or further part in the proceedings of the Appeal Board relating to the matter.

(8) Every disclosure of interest made under subsection (7) shall be recorded.

(9) Every decision of the Appeal Board shall be made by the Chairman after considering the opinions of the other two members, but in making the decision the Chairman shall not be bound to conform to the opinions of the other two members or either of them, but if the Chairman dissents therefrom, he shall record his reasons for dissenting.

(10) In respect of an appeal before it, the Appeal Board--

(a) shall hear the appellant and the local planning authority;

(b) may summon and examine witnesses;

(d) may compel the production and delivery of any document that it considers relevant or material to the appeal;

(e) may confirm, vary or reverse the order or decision appealed against;

(f) may award costs; and

(g) may make any order whether or not provided for by, and not inconsistent with, this Act.

(11) Every person summoned by the Appeal Board to attend its proceedings is legally bound to attend at the place and time specified in the summons, and every person required by the Appeal Board to produce or deliver any document to the Appeal Board or to any public servant is legally bound to so produce or deliver the document.

(12) All summonses, notices, awards, and orders issued, made, or given under the hand of the Chairman shall be deemed to be issued, made, or given by the Appeal Board.

(13) An order made by the Appeal Board on an appeal before it shall be final, shall not be called into question in any court, and shall be binding on all parties to the appeal or involved in the matter.

(14) For the purposes of the Penal Code [Act 574 ], the Appeal Board shall be deemed to be a court and every member thereof shall be deemed to be a public servant.

(15) The State Authority may make rules to prescribe the procedure of appeals to the Appeal Board and the fees payable in respect thereof, and to regulate the proceedings of the Appeal Board but, until such rules are made and in operation, the Appeal Board shall, for the purpose of its proceedings, as far as practicable follow the Subordinate Courts Rules 1980 [P.U.(A) 328/1980 ].

(16) Members of the Appeal Board shall be paid, from Federal funds, such allowances as the State Authority may determine.

Unannotated Statutes of Malaysia - Principal Acts/TOWN AND COUNTRY PLANNING ACT 1976 Act 172/TOWN AND COUNTRY PLANNING ACT 1976 ACT 172/37.Notice requiring purchase of land in certain cases

Part VII PURCHASE NOTICE AND ACQUISITION OF LAND

37. Notice requiring purchase of land in certain cases

(1) Without prejudice to the operation of any written law for the time being in force relating to the acquisition of land, a registered proprietor of land--

(a) for the development of whose land planning permission has been refused under subsection 22(3) on the grounds that the land is indicated in the development plan, whether expressly or by implication, as land intended for a public purpose and who claims that, by reason of the refusal, the land is incapable of reasonable beneficial use; or

(b) who claims that, by reason of compliance with a requisition notice in respect of his land served on him under section30, the land is incapable of reasonable beneficial use, may, in the prescribed manner, serve on the local planning authority a purchase notice in the prescribed form, requiring his interest in the land to be purchased in accordance with this section.

(2) There shall be served with the purchase notice a statement of the facts and reasons to justify the claims in the notice, together with copies of any available documents, including affidavits, that may furnish proof of the facts and reasons.

(3) The local planning authority shall investigate the claim made in every purchase notice served under subsection (1) and, if it is satisfied that the notice is in the prescribed form and has been prepared and served in the prescribed manner, shall submit the notice to the State Authority together with the statement and any other documents served with the notice and--

(a) in the case of a purchase notice of a person claiming under paragraph (1)(a), a detailed report concerning the refusal of planning permission giving rise to the claim, a statement of the specific purpose for which the land is intended, and a statement of the opinion of the local planning authority as to whether the land is capable of reasonable beneficial use; and

(b) in the case of a purchase notice of a person claiming under paragraph (1)(b), details of the requisition notice giving rise to the claim and a statement of the opinion of the local planning authority as to whether the land is capable of reasonable beneficial use.

(4) If the local planning authority is not satisfied that the purchase notice is in the prescribed form or has been prepared or served in the prescribed manner, it shall reject the purchase notice, but without prejudice to the service of another purchase notice.

(5) The State Authority, after considering the purchase notice and all other matters submitted by the local planning authority under subsection (3), shall--

(a) if the State Authority is satisfied that the land to which the purchase notice relates is capable of reasonable beneficial use, reject the purchase notice; or

(b) if the State Authority is not satisfied that the land to which the purchase notice relates is capable of reasonable beneficial use or is satisfied that the land is not capable of such use, direct the local planning authority to initiate steps towards the acquisition of the land in accordance with the provisions of the Land Acquisition Act 1960 [Act 486].

(6) For the purposes of the Land Acquisition Act 1960--

(a) any land intended to be acquired pursuant to this section shall be deemed to be needed by the local planning authority;

(b) the local planning authority shall be deemed to be a corporation undertaking a work that is of public utility; and

(7) Notwithstanding any law to the contrary, in assessing the amount of compensation to be paid for the acquisition of any land pursuant to subsection (5), the land shall be treated as if it had not been indicated in the development plan as land intended for a public purpose and was not in fact so intended or, as the case may be, as if the requisition notice served under section 30 in respect of the land had not been served and there had been no compliance with the notice.

Unannotated Statutes of Malaysia - Principal Acts/TOWN AND COUNTRY PLANNING ACT 1976 Act 172/TOWN AND COUNTRY PLANNING ACT 1976 ACT 172/38.Declaration of development areas

Part VIII DEVELOPMENT AREAS

38. Declaration of development areas

(1) At any time after the local planning authority has adopted a local plan for a special area, the local planning authority may, by notification in the State Gazette, declare the area or any part thereof to be a development area.

(2) Upon an area being declared to be a development area, it shall be the duty of the local planning authority to acquire, by purchase or by compulsory acquisition under the Land Acquisition Act 1960, all alienated lands situated within the area, and to develop the area in accordance with the local plan.

Unannotated Statutes of Malaysia - Principal Acts/TOWN AND COUNTRY PLANNING ACT 1976 Act 172/TOWN AND COUNTRY PLANNING ACT 1976 ACT 172/39.Effect of declaration

39. Effect of declaration

(1) Every declaration under section38 shall have effect as a declaration of intended acquisition under the Land Acquisition Act 1960 of all alienated lands situated within the area to which the declaration relates and any such lands may, if the local planning authority is unsuccessful in negotiating its purchase of the lands on terms acceptable to the local planning authority, be acquired and paid for in accordance with the said Act, but subject to section 40.

(2) For the purposes of the said Act--

(a) any land intended to be acquired pursuant to this Part shall be deemed to be needed by the local planning authority;

(b) the local planning authority shall be deemed to be a corporation undertaking a work that is of public utility; and

Unannotated Statutes of Malaysia - Principal Acts/TOWN AND COUNTRY PLANNING ACT 1976 Act 172/TOWN AND COUNTRY PLANNING ACT 1976 ACT 172/40.Special provisions for compensation

40. Special provisions for compensation

(1) In assessing the compensation payable in respect of any land or building or any interest therein proposed to be acquired compulsorily pursuant to this Part--

(a) the estimate of the value of the land, building, or interest shall be based upon the fair market value thereof at the date of publication of the declaration under subsection 38(1), due regard being had to the nature and condition of the property, the probable duration of the building in its existing state, and the state of repair thereof, without giving any allowance in respect of the compulsory purchase or other matters; and

(b) in such estimate any addition to or improvement of the property made after the date of publication of the declaration under subsection 38(1) shall not, unless the addition or improvement was necessary for the maintenance of the property in a proper state of repair, be included nor, in the case of any interest acquired after that date, shall any separate estimate of the value thereof be made so as to increase the amount of compensation to be paid for the land or building.

(2) When assessing the compensation payable in respect of any house or premises, evidence shall be receivable by the court to prove--

(a) that the rental of the house or premises was enhanced by reason of the house or premises being used for illegal purposes or being so overcrowded as to be dangerous or injurious to the health of the occupants;

(b) that the house or premises are in such a condition as to constitute a nuisance or are in a state of defective sanitation or are not in reasonably good repair; and

(c) that the house or premises are unfit and not reasonably capable of being made fit for human habitation, and, if the court is satisfied by such evidence, then the compensation--

(d) shall, in the first case, in so far as it is based on rental, be based on the rental that would have been obtainable if the house or premises were occupied for lawful purposes and only by the number of persons whom the house or premises are, in all circumstances of the case, capable of accommodating without such overcrowding as is dangerous or injurious to the health of the occupants;

(e) shall, in the second case, be the amount estimated to be the value of the house or premises if the nuisance had been abated or if they had been put into a sanitary condition or into reasonably good repair, after deducting the estimated expenses of abating the nuisance or putting the house or premises into such condition or repair, as the case may be; and

(f) shall, in the third case, be the value of the land and of the materials of the buildings thereon.

Unannotated Statutes of Malaysia - Principal Acts/TOWN AND COUNTRY PLANNING ACT 1976 Act 172/TOWN AND COUNTRY PLANNING ACT 1976 ACT 172/41.Local planning authority may employ agents, enter into arrangements, and establish corporations

41. Local planning authority may employ agents, enter into arrangements, and establish corporations

(1) For the purpose of developing a development area in the discharge of its duty under subsection 38(2), the local planning authority may appoint or employ agents, or, with the approval of the Menteri Besar or Chief Minister, and subject to such conditions and restrictions as may be approved, or required by the Menteri Besar or Chief Minister, enter into any arrangement for sharing profits, union of interests, cooperation, joint adventure, or reciprocal concession with any person, company, or body.

(2) The local planning authority may, with the approval of the Menteri Besar or Chief Minister, from time to time by order published in the State Gazette, establish a corporation by such name as the local planning authority thinks fit, to carry out, and have the charge, conduct, and management of any project, scheme, or enterprise that has been planned or undertaken by the local planning authority in the discharge of its duty under subsection38(2) of developing a development area.

(3) Every order made under subsection (2) shall make provision in respect of--

(a) the purposes and objects for which the corporation is established;

(b) the constitution of the corporation;

(c)the duties, powers, and rights of the corporation;

(d) the system of management of the corporation;

(e) the financing of the corporation;

(f) the accounts to be kept by the corporation and the auditing thereof;

(g) the relations between the corporation and the local planning authority and its right of control over the corporation; and

(h) the common seal of the corporation.

Unannotated Statutes of Malaysia - Principal Acts/TOWN AND COUNTRY PLANNING ACT 1976 Act 172/TOWN AND COUNTRY PLANNING ACT 1976 ACT 172/42.Power to borrow moneys

42. Power to borrow moneys

The local planning authority may, with the approval of the Menteri Besar or Chief Minister, but subject to the Public Authorities (Control of Borrowing Powers) Act 1961 [Act 383], borrow such sums of money as are necessary for financing the development of a development area.

Unannotated Statutes of Malaysia - Principal Acts/TOWN AND COUNTRY PLANNING ACT 1976 Act 172/TOWN AND COUNTRY PLANNING ACT 1976 ACT 172/43.Power to dispose of land and property

43. Power to dispose of land and property

The local planning authority may, subject to rules made under section 44, sell, let, or otherwise deal with or dispose of any land or property in a development area that it has developed pursuant to subsection 38(2).

Unannotated Statutes of Malaysia - Principal Acts/TOWN AND COUNTRY PLANNING ACT 1976 Act 172/TOWN AND COUNTRY PLANNING ACT 1976 ACT 172/44.Power to make rules

44. Power to make rules

The State Authority may make rules--

(a) to regulate the conduct of negotiations for the purchase of lands in a development area and the terms of purchase;

(b) (deleted by P.U.(A) 442/2010);

(d) generally for the better carrying out of the provisions of this Part.

Unannotated Statutes of Malaysia - Principal Acts/TOWN AND COUNTRY PLANNING ACT 1976 Act 172/TOWN AND COUNTRY PLANNING ACT 1976 ACT 172/45.Power of entry

Part IX MISCELLANEOUS PROVISIONS

45. Power of entry

(1) An authorized person may, with or without assistants or workmen, enter upon or into any land or building for the purpose of--

(a) making any inquiry, inspection, measurement, or survey, or taking the levels of the land or building;

(b) setting out boundaries and intended lines of works;

(d) digging or boring into the subsoil;

(e) ascertaining whether any development has been commenced, undertaken, or carried out in contravention of this Act or the rules made there under; and

(f) doing any other acts necessary for the efficient administration of this Act.

(2) No entry shall be made under subsection (1)--

(a) into a building used solely as a dwelling-house or upon any enclosed part or garden attached to the building, unless the prior consent of the occupier has been obtained, or a notice in writing of the intention to enter has been given to the occupier at least twenty-four hours before the intended entry;

(b) without due regard, such as is compatible with the exigency of the purpose for which the entry is made, to the social and religious usages of the occupants of the land or building; or

(3) An authorized person making an entry under subsection(1) shall carry on his person an authority card in the prescribed form; and it shall not be unlawful for any person to refuse entry to an authorized person or to any of his assistants or workmen if the authorized person fails, when demanded, to produce his authority card.

Unannotated Statutes of Malaysia - Principal Acts/TOWN AND COUNTRY PLANNING ACT 1976 Act 172/TOWN AND COUNTRY PLANNING ACT 1976 ACT 172/46.Service of documents

46. Service of documents

(1) All documents required by this Act or the rules made there under to be served on any person shall, except where otherwise provided in this Act or the rules, be deemed to be duly served--

(a) where the document is to be served on a government department, a railway, local, or statutory authority, or a company, corporation, society, or other body, if the document is addressed to the head of the government department, the general manager of the railway authority, or the secretary or any other principal officer of the local authority, statutory authority, company, corporation, society, or other body at the principal, branch, local, or registered office, as the case may be, of the department, authority, company, corporation, or other body, and is either delivered or sent by registered post at or to such office;

(b) where the document is to be served on a partnership, if the document is addressed to the partnership at its usual place of business, identifying it by the name or style under which its business is carried on, and is either delivered or sent by registered post at or to the said place of business;

(i) is given or tendered to him;

(ii) is sent by registered post to him; or

(iii) if he cannot be served personally or by registered post, is given or tendered to an adult member of his family or is affixed on a conspicuous part of his last known place of residence or business or of the land or building to which the document relates.

(2) A document that is required or authorized to be served on the owner or occupier of any land or building may be addressed, without any further name or description, to "the owner" or "the occupier", as the case may be, of the land or building, it being named or described, and shall be deemed to be duly served if the document so addressed is sent or delivered in accordance with paragraph (1)(c).

(3) If a document is served on a partnership in accordance with paragraph (1)(b), the document shall be deemed to be served on each partner.

(4) A document sent by registered post shall be deemed to be served seven days after the date of registration.

Unannotated Statutes of Malaysia - Principal Acts/TOWN AND COUNTRY PLANNING ACT 1976 Act 172/TOWN AND COUNTRY PLANNING ACT 1976 ACT 172/47.Authentication of documents

47. Authentication of documents

(1) Every plan, map, planning permission, order, permit, or notice prepared, issued, made, or served by the local planning authority under, by virtue, or for the purposes, of this Act shall be sealed with the seal of the local planning authority which shall be authenticated by the signature of the Chairman or Chief Executive Officer of the local planning authority or of an authorized person.

(2) A certificate by the local planning authority certifying that a document referred to in subsection (1) purporting to be prepared, issued, made, or served by the local planning authority was so prepared, issued, made, or served shall be conclusive evidence of the fact so certified.

Unannotated Statutes of Malaysia - Principal Acts/TOWN AND COUNTRY PLANNING ACT 1976 Act 172/TOWN AND COUNTRY PLANNING ACT 1976 ACT 172/48.Documentary proof

48. Documentary proof

(1) Every document referred to in section47 and sealed in the manner therein prescribed and every document in the form of a receipt, application, record, or register issued, made, or maintained under, by virtue, or for the purposes, of this Act shall be admissible as proof of the contents thereof.

(2) A copy of any document referred to in subsection(1) or an extract therefrom, if certified by the Chairman or Chief Executive Officer of the local planning authority, shall be admissible as evidence of the matters and transactions therein expressed in any case where, and to the same extent as, the original of the document would if produced have been so admissible.

Unannotated Statutes of Malaysia - Principal Acts/TOWN AND COUNTRY PLANNING ACT 1976 Act 172/TOWN AND COUNTRY PLANNING ACT 1976 ACT 172/49.Privilege from production of documents and appearing as witness

49. Privilege from production of documents and appearing as witness

A member, officer, servant, or agent of the local planning authority shall not be required in any legal proceedings to which the local planning authority is not a party, to produce any record, register, or document the contents of which can be proved under subsection 48(2) by a certified copy, or to appear as a witness to prove the matters and transactions recorded in the record, register, or document, except by order of the court made for special cause.

Unannotated Statutes of Malaysia - Principal Acts/TOWN AND COUNTRY PLANNING ACT 1976 Act 172/TOWN AND COUNTRY PLANNING ACT 1976 ACT 172/50.Prosecution

50. Prosecution

(1) An authorized person or any police officer not below the rank of Inspector may conduct prosecutions for offences under this Act or the rules made there under.

(2) The local planning authority may authorize in writing the incurring of such expenses as may be necessary for prosecutions for offences under this Act or the rules made there under.

Unannotated Statutes of Malaysia - Principal Acts/TOWN AND COUNTRY PLANNING ACT 1976 Act 172/TOWN AND COUNTRY PLANNING ACT 1976 ACT 172/51.Jurisdiction of courts

51. Jurisdiction of courts

Notwithstanding the Subordinate Courts Act 1948 [Act92], a Magistrate of the First Class shall have jurisdiction to try any offence under this Act or the rules made there under and to award the full punishment authorized thereby.

Unannotated Statutes of Malaysia - Principal Acts/TOWN AND COUNTRY PLANNING ACT 1976 Act 172/TOWN AND COUNTRY PLANNING ACT 1976 ACT 172/52.Penalty for interference with marks

52. Penalty for interference with marks

Any person who, without the authority of the local planning authority, wilfully destroys, damages, defaces, moves or otherwise interferes with any mark placed or set up for the purpose of indicating any level or direction necessary for the carrying out of the purposes of this Act commits an offence and on conviction--

(a) is liable to a fine not exceeding one thousand ringgit or to imprisonment for a term not exceeding six months or to both; and

(b) may, in addition to or in place of that penalty, be ordered to pay to the local planning authority a sum, recoverable as a fine, not exceeding three times the cost of repairing or re-emplacing the mark and of making any survey rendered necessary by the act in respect of which he is convicted.

Unannotated Statutes of Malaysia - Principal Acts/TOWN AND COUNTRY PLANNING ACT 1976 Act 172/TOWN AND COUNTRY PLANNING ACT 1976 ACT 172/52a.Offences by body corporate

52a. Offences by body corporate

Where an offence under this Act has been committed by a body corporate, a person who at the time of the commission of the offence is a director, manager, secretary or other similar officer of the body corporate or a person who was purporting to act in such capacity shall, as well as the body corporate, be deemed to be guilty of that offence unless he proves that the offence was committed without his knowledge or that he took reasonable precautions to prevent its commission.

Unannotated Statutes of Malaysia - Principal Acts/TOWN AND COUNTRY PLANNING ACT 1976 Act 172/TOWN AND COUNTRY PLANNING ACT 1976 ACT 172/53.Public servants

53. Public servants

Every member and agent of the local planning authority, every authorized person, and every assistant or workman accompanying or assisting an authorized person in the performance of his functions under this Act shall be deemed to be public servants for the purposes of the Penal Code.

Unannotated Statutes of Malaysia - Principal Acts/TOWN AND COUNTRY PLANNING ACT 1976 Act 172/TOWN AND COUNTRY PLANNING ACT 1976 ACT 172/54.Public Authorities Protection Act

54. Public Authorities Protection Act

The Public Authorities Protection Act 1948 [Act 198] shall apply to any action, suit, prosecution, or proceeding against the local planning authority and every member and agent thereof, every member of the Appeal Board, every authorized person, and every assistant or workman accompanying or assisting an authorized person in the performance of his functions under this Act, in respect of any act, neglect, or default done or committed by the authority, member, person, assistant, or workman in his capacity as such.

Unannotated Statutes of Malaysia - Principal Acts/TOWN AND COUNTRY PLANNING ACT 1976 Act 172/TOWN AND COUNTRY PLANNING ACT 1976 ACT 172/55.Indemnity against claims in respect of damage or loss

55. Indemnity against claims in respect of damage or loss

If the local planning authority, in exercise of its powers under this Act, does anything that a person is required to do under this Act but fails or refuses to do, and in the course or as a result of doing that thing, damage or loss is suffered by another person, and the damage or loss is necessary and unavoidable and is not due to the negligence of the local planning authority, then the person in default shall indemnify the local planning authority against any claim that may be brought against it in respect of the damage or loss.

Unannotated Statutes of Malaysia - Principal Acts/TOWN AND COUNTRY PLANNING ACT 1976 Act 172/TOWN AND COUNTRY PLANNING ACT 1976 ACT 172/56.Application of Act 119 to local inquiry or hearing

56. Application of Act 119 to local inquiry or hearing

Sections 8, 9, 11, 12, 13, 14, 19, 21 and 22 of the Commissions of Enquiry Act 1950 [Act 119] shall, with the necessary modifications and to such extent as may be applicable, apply to a local inquiry or hearing held under subsection 4(7) or 14(1) and to any person holding the inquiry or hearing as if the inquiry or hearing and the person were respectively an inquiry and a Commissioner under the Act.

Unannotated Statutes of Malaysia - Principal Acts/TOWN AND COUNTRY PLANNING ACT 1976 Act 172/TOWN AND COUNTRY PLANNING ACT 1976 ACT 172/57.Exemption from fees and charges

57. Exemption from fees and charges

(1) All developments intended exclusively for religious, educational, recreational, social, welfare, or charitable purposes and not for pecuniary profit are exempted from the payment of all charges and fees under this Act, other than the further fees payable under subsections 27(7) and 28(7).

(2) The exemption under subsection (1) does not extend to development charges.

Unannotated Statutes of Malaysia - Principal Acts/TOWN AND COUNTRY PLANNING ACT 1976 Act 172/TOWN AND COUNTRY PLANNING ACT 1976 ACT 172/58.Power to make rules

58. Power to make rules

(1) The State Authority may make rules to carry out the purposes of this Act.

^*(1a) The Council may make rules with respect to any of the matters in this Act.

^*(1b) If any rule made by the State Authority is inconsistent with a rule made by the Council, the rule made by the Council shall prevail over the rule made by the State Authority and the rule made by the State Authority shall, to the extent of the inconsistency, be void.

(2) In particular, and without prejudice to the generality of subsection(1), rules made under that subsection may provide for--

(a) the regulation of the development of land in accordance with proper planning;

(b) the classes of use of land and buildings or parts thereof;

(d) the regulation of the height, design, appearance, and siting of buildings, and of the provision of car parks, set backs, and open spaces;

(e) the control of means of access to lands and buildings;

(f) the protection of ancient monuments and lands and buildings of historic or architectural interest;

(g) the details of the forms and contents of the structure plan and local plan, the procedure to be followed in the preparation, submission and approval thereof, the form and manner in which they shall be published, and the form of the notices relating thereto;

(h) the qualifications of persons who may prepare or submit plans, documents, particulars and layout plans for the purposes of this Act;

(i) the form in which an application for planning permission shall be made, the particulars to be furnished in, and the plans, documents, particulars and layout plans to be submitted with the application and its form and scale;

(j) the fees to be paid under this Act;

(k) the registration of applications and the form of, and particulars to be contained in, the register;

(l) prescribing anything that may be, or is required to be, prescribed under this Act.

(3) Where any rule made under paragraph (2)(h) does not include a person who is entitled under any other written law to prepare and submit plans, documents, particulars and layout plans relating to town and country planning to any person or authority, the entitlement of such person shall not be affected.

Unannotated Statutes of Malaysia - Principal Acts/TOWN AND COUNTRY PLANNING ACT 1976 Act 172/TOWN AND COUNTRY PLANNING ACT 1976 ACT 172/59.Repeal of existing planning laws

59. Repeal of existing planning laws

(Deleted by P.U.(A) 442/2010)

Unannotated Statutes of Malaysia - Principal Acts/TOWN AND COUNTRY PLANNING ACT

1976 Act 172/TOWN AND COUNTRY PLANNING ACT 1976 ACT 172/APPENDIX