federal territory (planning) act 1982
TRANSCRIPT
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FEDERAL TERRITORY (PLANNING) ACT 1982
ACT 267
Preamble
An Act to make provisions for the control and regulating of proper planning in the FederalTerritory, for the levying of development charges, and for purposes connected therewith or
ancillary thereto.
[Parts I, II & III !"th August #$%! Parts I' to ( #"th August #$%).*
+ IT -AT/ 0y the /uli 1ang 2aha 2ulia 3eri Paduka +aginda 1ang diPertuan Agong
with the advice and consent of the /ewan -egara and /ewan 4akyat in Parliament assem0led,
and 0y the authority of the same, as follows5
PART I
P46I2I-A41
1. S!r" "#"le$ a%%l#&a"#!' a' &!mme'&eme'".
7#8 This Act may 0e cited as the Feeral Terr#"!r (Pla''#'*) A&" 1982.
7!8 9ithout pre:udice to su0section 7;8, this Act shall apply only to the Federal Territory.
7;8 This Act shall come into force on such date as the 2inister may 0y notification in the t otherwise re?uires
@action area@ means an area or areas shown in any development plan or has 0een declared as such
in accordance with the provision of this Act to facilitate new development, redevelopment or
improvement
@agriculture@ includes horticulture, farming, the growing of crops, fruits, vegeta0les or trees or thegrowing of any %la'"+ for use as fodder, dairy farming, the 0reeding and keeping of livestock,
fish or 0ees, and the use of land for purposes ancillary to any of those activities or to any other
agricultural activities 0ut does not include the use of any land as a garden to 0e en:oyed together
with a 0uilding attached on the land
@amenities@ means such ?uality or condition of a place or area as contri0utes to its pleasantness,
harmony, and 0etter en:oyment, and includes open spaces, parks, recreation grounds, andplaygrounds
@Appeal +oard@ means the Appeal +oard constituted under section )"
@authorised officer@, in relation to any provision, means an officer designate in writing 0y the
ommissioner to 0e an authorised officer for the purposes of that provision
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@0uilding@ includes any house, hut, shed or roofed enclosure whether temporary or permanent and
whether or not used for the purpose of human ha0itation, and also any wall, fence, platform,
staging, gate, wireless, post, aerials and antenna used for transmission purposes, pillar, paling,
frame, hoarding, slip, 0athing and swimming pools, dock, wharf, pier, :etty, landing, stage or
0ridge, or any structure, support, or foundation connected to or with any of the foregoing
@0uilding operation@ means the demolition, erection, reerection, or e>tension of a 0uilding orstructure or part thereof and includes
7a8 any increase in height or floor space of a 0uilding
708 any addition to or alteration of a 0uilding that affects or is likely to affect its drainage orsanitary arrangements or its soundness
7c8 any addition to or alteration of a 0uilding, whether done 0efore or after completion of the
0uilding, that departs in any particular from any plan or specification approved at any time 0y any
authority empowered under any written law to approve the plan or specification in respect of that
0uilding
7d8 any addition to or alteration of a 0uilding that materially affects or is likely to materially affectthe 0uilding in any manner and
7e8 any other operation normally undertaken 0y a person carrying on the 0usiness of 0uilding
construction
@commerce@ means carrying on any trade, 0usiness or profession and includes the supply or offerto supply goods or services, the storage, or e>change of goods of any type whatsoever for purpose
of trade, 0usiness or profession, the running of private hospitals, nursing homes, infirmaries,
sanatorium, educational institutions, 0oarding houses and the esta0lishment of offices
@commercial use@ means the use of any land or 0uilding or part thereof for purposes of
commerce
@ommissioner@ means the ommissioner appointed under the Federal apital Act #$B
@omprehensive /evelopment Plan@ means the comprehensive development plan referred to as
plans -os.5 #B;$, #B)B and #B)# in the ity of Cuala 6umpur 7Planning8 Act, #$D;
@density@ means the intensity of use of land reckoned or e>pressed in terms of the num0er of
persons, dwelling units, or ha0ita0le rooms, or any com0ination of those factors, per unit area of
land
@development@ means the carrying out of any 0uilding, engineering, mining, industrial, or othersimilar operation in, on, over, or under land, and includes any change in the use of any land or
0uilding or any part thereof, or the su0division or amalgamation of lands
@development area@ means a part or the whole of an action area which is to 0e ac?uired in
accordance with section )D
@development charge@ means the development charge levied under section )B
@development order@ means the development order issued under this Act granting planning
permission with or without conditions for any development specified in such order
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@development plan@, in relation to an area means
7a8 the local plan for the area or
708 if there is no local plan for the area, the structure plan for the area
and, in relation to any land or 0uilding, means the development plan, as so defined, for the area in
which the land or 0uilding is situated
@enforcement notice@ means an enforcement notice served pursuant to section !D
@engineering operation@ includes the formation or levelling of land, the formation or laying out of
means of access to a road and the laying out of ca0les, mains or means of water supply sewerage
or drainage
@Federal Territory@ means the area as shown in the deposited plan identified 0y reference to
ternal
sides of walls or in the case of party walls, 0etween the centre of the party walls
@industry@ includes the carrying out of any manufacturing, fa0ricating, repairing assem0ling or
processing of agricultural produce or finishing process
@industrial use@ includes the use of any land or 0uilding or part thereof for purposes of industry
@land@ includes
7a8 the surface, and all su0stances forming the surface, of the earth
708 all su0stances 0elow the surface of the earth
7c8 all vegetation and other natural products, whether or not re?uiring periodical application of
la0our to their production, and whether on or 0elow the surface of the earth
7d8 all things, whether on or 0elow the surface of the earth, that are attached to the earth or
permanently fastened to any thing attached to the earth
7e8 land covered 0y water and
7f8 any estate or interest in, or right over, land
@local plan@ in relation to an area, means the local plan as prepared under section #;
@occupier@, in relation to any land or 0uilding includes
7a8 a tenant of the land or 0uilding
708 an owner of the land or 0uilding occupying or otherwise using the land or 0uilding
7c8 a person in actual occupation of the land or 0uilding or having the charge, management, or
control thereof, whether on his own account or as an agent of another person
0ut does not include a lodger
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@open space@ means any land whether enclosed or not which is laid out 7or reserved for laying
out8 wholly or partly as a pu0lic garden, park, sport and recreation ground or pleasure ground or
walk, or as a pu0lic place
@owner@, in relation to any land or 0uilding, means
7a8 the registered proprietor of the land
708 the registered lessee of a lease including a registered su0lessee
7c8 the agent or trustee of any of the persons descri0ed in paragraphs 7a8 and 708 if in the opinion
of the ommissioner that any of such persons cannot 0e traced
7d8 the legal personal representative of any of the persons descri0ed in paragraphs 7a8 and 708 if
any of such persons is dead
7e8 the person who for the time 0eing is receiving the rent of the premises in connection with
which the word is used whether on his own account or as agent or trustee for any other person or
as a receiver or who would receive the same if such premises were let to a tenant
@planning permission@ means permission granted with or without condition in a development
order to carry out any development specified in such order
@plinth area@ means the proportion of the area of any lot to 0e covered 0y 0uilding
@plot ratio@ means the ratio 0etween the total floor area of a 0uilding and the area of the 0uilding
plot
@pu0lic place@ includes any place, 0uilding or road which is open to the use and en:oyment of thepu0lic or where the pu0lic have or are permitted to have access whether on payment or otherwise
@purchase notice@ means a purchase notice referred to in section )
@re?uisition notice@ means a re?uisition notice referred to in section ;B
@residence@ means the use of human ha0itation of any land or 0uilding or part thereof includinggardens, grounds, garages, sta0les, and outhouses, appertaining to such 0uilding
@road@ means any road whether pu0lic or private and includes any street, s?uare, court, alley,
lane, 0ridge, footway, track, 0ridle path, passage, or highway, whether thoroughfare or not over
which the pu0lic has a right of way
@structure plan@, in relation to an area, means a written statement accompanied 0y diagrams,
illustrations and other descriptive matter containing policies and proposals in respect of the
development and use of land in the area and may indicate action area and @draft structure plan@
shall 0e construed as the te>t re?uires
@use@, in relation to any land, means any use of the land other than merely for the keeping or
storage of materials and e?uipment intended to 0e employed in the construction or erection of a
0uilding on the land, or as a site for temporary 0uilding for the accommodation of workers
involved in the construction or erection of the 0uilding
@utility@ includes roads, water and electricity supplies, telephone services, street lighting,
sewerage, drainage, pu0lic works, and other similar pu0lic services and conveniences.
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7!8 For the avoidance of dou0t in construing the scope of any change in the use of land for
purposes of this Act, it is decided that
7a8 the use of land as a place for depositing refuse or waste materials involves a change in the use
of land, notwithstanding that the land is comprised of a site already used for that purpose if the
superficial area or the deposit is there0y e>tended
708 any use of land or part thereof which contravenes or is inconsistent with or contrary to any
provision of the development plan involves a change in the use of the land.
7;8 For the avoidance of dou0t in construing the scope of any change in the use of 0uilding for
purposes of this Act, it is declared that
7a8 any increase in the num0er of units in any 0uilding to more than the num0er originally
approved 0y any authority empowered under any written law to give such approval for the
0uilding involves a change in the use of the 0uilding
708 the use as a dwelling house of any 0uilding, not originally constructed for human ha0itation
involves a change in the use of the 0uilding
7c8 any alteration or addition to that part of the 0uilding 7whether such part is in the interior of the
0uilding or attached to the e>terior of the 0uilding8 which a0uts into any regular line of street as
prescri0ed 0y or defined in any written law relating to streets, drainage and 0uilding involves a
change in the use of the 0uilding
7d8 any use of a 0uilding or part thereof which contravenes or is inconsistent with or contrary toany provision of the development plan involves a change in the use of the 0uilding
7e8 the use for other purposes of a 0uilding or part thereof originally constructed as a dwellinghouse involves a change in the use of the 0uilding.
PART II
FE-TI-3 A-/ P943 F TG 22I33I-4,. Ge'eral %la''#'* %!l#&.
The 2inister shall 0e responsi0le for general policy with respect to the planning of the
development of all lands within the Federal Territory and 7su0:ect to lauses 7"8 and 78 of Article
$# of the onstitution8 of the use of such lands and 0uildings and for such purposes the 2inister
may give directions of a general character or specific in nature not inconsistent with the
provisions of this Act and the ommissioner shall give effect to such directions.
-. A#+!r /!ar.
7#8 There shall 0e esta0lished for the purpose of this Act a 0ody to 0e known as the Federal
Territory Planning Advisory +oard, which in this Act is referred to as the @Advisory +oard@, to
advise the 2inister upon
7a8 the draft structure plan
708 the draft local plan
7c8 the declaration and revocation of action areas
7d8 the declaration of development areas or
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7e8 such other matters as the 2inister may from time to time refer to the Advisory +oard.
7!8 The Advisory +oard shall consist of
7a8 the 3ecretary ecutive ommittee esta0lished under the -ational 6and ode
7c8 the /irector
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7)8 9here the ommissioner delegates the e>ercise of any powers or the performance of any
duties to any person pursuant to su0section 7;8, the person so delegated shall in this Act 0e
referred to as an authorised officer.
7"8 The ommissioner may appoint with the approval of the 2inister and su0:ect to such terms
and conditions as may 0e specified in the letter of appointment, agents to transact any 0usiness or
to do any act re?uired to 0e transacted or done in the e>ecution of his functions, powers andduties or for the 0etter carrying into effect the purpose of this Act and the agent so appointed
shall in this Act 0e referred to as the authorised agent.
6. F'&"#!'+ ! "e C!mm#++#!'er.
7#8 3u0:ect to the provisions of this Act, the functions of the ommissioner shall 0e to regulate,
control and plan the development of all lands within the Federal Territory and the use of such
lands and 0uildings and to perform any such other functions as the 2inister may assign to him.
7!8 In particular and without pre:udice to the generality of the foregoing provisions, the
ommissioner may, and shall if directed 0y the 2inister
7a8 prepare and implement the development plan
708 undertake, assist and encourage the collection, maintenance and pu0lication of statistics,
0ulletins and other pu0lications relating to town planning
7c8 prepare and furnish reports relating to the working of this Act and
7d8 perform any other function which is supplemental, incidental or conse?uential to any of the
functions aforesaid or which may 0e assigned 0y the 2inister.
7;8 The ommissioner may e>ercise all such powers as may 0e necessary or e>pedient for the
purposes of carrying out his functions under this Act.
PART III
/'6P2-T P6A-3
7. Dra" +"r&"re %la'$ %r!&ere ! %bl#& '!"#&e a' ear#'* ! !b4e&"#!'+.
7#8 n the date of this Act coming into force or as soon as possi0le thereafter, the ommissioner
shall su0mit the draft structure plan prepared 0y him to the 2inister for the 2inisterHs consent to
pu0lish a pu0lic notice in the tended 0y the
ommissioner if he considers it necessary.
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7;8 For the purpose of considering and reporting on any o0:ection made pursuant to su0section 7!8
the 2inister shall appoint a ommittee hereinafter in this Act referred to as the @the ommittee@
comprising of not less than three persons to 0e appointed 0y the 2inister.
7)8 If no o0:ection is received, the ommissioner shall on the e>piry of the period within which
o0:ections may 0e made su0mit the draft structure plan to the 2inister for his decision pursuant
to section %.
7"8 9here any o0:ection is received, the ommissioner shall inform the ommittee who shall
consider and report on such o0:ection.
78 In considering any o0:ection the ommittee shall as soon as practica0le hear any personincluding representatives of
months or such e>tended period as the 2inister may allow after the date of
the last hearing make a report to the ommissioner and the ommissioner shall consider thereport of the ommittee and may make such amendments to the draft structure plan as he
considers proper and shall su0mit the draft structure plan with or without amendments together
with the report of the ommittee to the 2inister not later than three months from the date of the
receipt of the report from the ommittee or such other e>tended period as the 2inister may allow.
8. A%%r!al !r re4e&"#!' ! ra" +"r&"re %la' b "e 5#'#+"er.
As soon as may 0e after the receipt of the draft structure plan, pursuant to su0section 7)8 or 7D8 of
section D the 2inister may
7i8 approve it or
7ii8 approve it with such modifications, as he may consider necessary or
7iii8 return it to the ommissioner for further consideration 0efore granting his approval or
7iv8 re:ect the plan.
9. Pbl#&a"#!' ! %bl#& '!"#&e &!'&er'#'* "e a%%r!e ra" +"r&"re %la'.
7#8 Immediately after the draft structure plan has 0een approved 0y the 2inister, the
ommissioner shall pu0lish a pu0lic notice in the
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replacement in whole or in part to the plan as appear to the ommissioner to 0e e>pedient or as
the 2inister may direct, as the case may 0e.
7!8 For the purpose of making proposals to carry out any alteration, addition, revision or
replacement in whole or in part to the structure plan, the ommissioner may at his own instance
and shall, if so directed 0y the 2inister, institute such survey as may 0e necessary to e>amine the
matters that may 0e e>pected to affect the development or the proper planning of the developmentof the Federal Territory.
7;8 9ithout pre:udice to the generality of su0sections 7#8 and 7!8 the matters to 0e e>amined may
include
7a8 the principal physical, economic, environmental and social characteristics including the
principal land uses of the Federal Territory, and so far as they may 0e e>pected to affect the
Federal Territory and those of the neigh0ouring areas
708 the si=e, composition, and distri0ution of the population of the Federal Territory whether
resident or not
7c8 without pre:udice to paragraph 7a8, the communication, transport system, and traffic of theFederal Territory, and so far as they may 0e e>pected to affect the Federal Territory, those of the
neigh0ouring areas
7d8 any matters not mentioned in any of the preceding paragraphs that may 0e e>pected to affect
any matters so mentioned
7e8 such other matters as may 0e prescri0ed or as the 2inister may in any particular case specify
and
7f8 any changes already pro:ected in any of the matters mentioned in any of the preceding
paragraphs and the effect that those changes are likely to have on the development, or the
planning of the development of the Federal Territory.
7)8 In formulating his policy and general proposals for the alteration, addition, revision or
replacement in whole or in part of the structure plan, the ommissioner shall have regard to
current policies in respect of the social and economic planning and development, the
environmental protection of the nation and region and such other matters as the 2inister may
direct him to take into account.
11. C!'+e'" ! "e 5#'#+"er a' %bl#&a"#!' ! '!"#&e.
Epon the proposals having 0een prepared under section #B the ommissioner shall as soon as
possi0le 0ut in any case not later than the time, if any, prescri0ed 0y the 2inister su0mit to the
2inister for his consent to pu0lish a pu0lic notice of the proposals, and su0sections 7!8, 7;8, 7)8,
7"8, 78 and 7D8 of section D and sections % and $ shall apply, with such modifications as may 0enecessary in relation to the draft structure plan.
12. De&lara"#!' a' re!&a"#!' ! a&"#!' area.
The ommissioner with the approval of the 2inister may at any time 0y notification in the
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1,. Pre%ara"#!' ! ra" l!&al %la'+.
7#8 The ommissioner in the course of preparing a draft structure plan for the Federal Territory or
0efore the 2inister approves or re:ects a draft structure plan that the ommissioner has prepared,
may, if he thinks it desira0le, prepare a draft local plan for any part of the area.
7!8 9here a structure plan for the Federal Territory has come into effect, the ommissioner shallas soon as practica0le consider, and thereafter keep under review, the desira0ility of preparing
and, if he considers it desira0le and he has not already done so, shall prepare, a draft local plan
for any part or for the whole of the Federal Territory.
7;8 A draft local plan shall consist of a map and a written statement and shall
7a8 formulate, in such detail as the ommissioner thinks appropriate, his proposals for the
development and use of land in the area of the local plan, including such measures as the
ommissioner thinks fit for the improvement of the physical environment and the improvement
of transportation and
708 contain such matters as the 2inister may in any particular case specify.
7)8 A draft local plan for an area shall 0e accompanied 0y such diagrams, illustrations, and
descriptive matter as the ommissioner thinks appropriate for the purpose of e>plaining or
illustrating the proposals in the plan and the diagrams, illustrations, and descriptive matter shall
0e treated as forming part of the plan.
7"8 If an area is indicated as an action area in a structure plan or declared to 0e an action areaunder section #!, the ommissioner shall, as soon as practica0le after the structure plan comes
into effect, prepare a draft local plan for that area.
78 In formulating his proposals in a draft local plan, the ommissioner shall ensure that the
proposals conform generally to the structure plan as it stands for the time 0eing, whether or not it
has come into effect, and shall have regard to any information and other considerations that
appear to him to 0e relevant, or that may 0e prescri0ed, or that the 2inister may in any particularcase direct him to take into account.
1-. Pbl#" #' &!''e&"#!' 3#" ra" l!&al %la'.
9hen the ommissioner has prepared a draft local plan, he shall, 0efore adopting it under section
# 0ut not 0efore the structure plan comes into effect, pu0lish a pu0lic notice in the
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so as to take account of the o0:ections or representations or for any matters arising therefrom, and
thereupon the plan shall come into effect.
7!8 The ommissioner shall cause the fact of his adoption of a draft local plan to 0e pu0lished in
the
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7#8 9ithout pre:udice to su0section 7!8 of section #$, no person shall commence, undertake or
carry out any development irrespective of whether or not the development is in conformity with
the development plan unless
7a8 a development order granting planning permission in respect of the development has 0een
issued to him under this Act and
708 where in respect of a development the provisions of section )B apply, he has complied with
the provisions of section )#.
7!8 -otwithstanding su0section 7#8, no planning permission shall 0e necessary
7a8 for carrying out such works necessary for the maintenance, improvement or other alteration of
any 0uilding which affect only the interior of the 0uilding and which do not
7i8 involve any change in the use of the land or 0uilding
7ii8 materially affect the e>ternal appearance of the 0uilding
7iii8 involve any increase in height or floor spaces of the 0uilding
7iv8 involve any addition to or alteration of a 0uilding which affects or is likely to affect its
drainage, sanitary arrangements or its soundness or
7v8 contravene or 0e inconsistent with any provision in the development plan
708 for any minor works or for the construction of awnings or e>tensions of such si=e and
materials as the ommissioner may 0y policy decision e>empt
7c8 for the carrying out 0y the Federal or the 3tate ceeding one month or such further period
as the ommissioner may allow for purposes of
7i8 a temporary mo0ile cinema, theatre, or show
7ii8 a temporary amusement park, fair, or e>hi0ition or
7iii8 a temporary ceremony or festivity of a religious, social, or other character
and for any development necessary to give effect to such use
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7h8 for the construction or erection on any land of temporary 0uildings for the accommodation of
works involved in the construction or erection of a 0uilding on the land, for which planning
permission has 0een granted
7i8 for the use of any land or 0uilding within the curtilage of a dwellinghouse for any purpose
incidental to the en:oyment of the dwellinghouse as such or
7:8 for the making of such change in the use of land or 0uilding as the ommissioner may
prescri0e to 0e a change for which no planning permission is necessary.
21. A%%l#&a"#!' !r %la''#'* %erm#++#!'.
7#8 An application for planning permission in respect of a development shall 0e made to the
ommissioner and shall 0e in such form and shall contain such particulars and 0e accompanied
0y such documents, plans and fees as may 0e prescri0ed.
7!8 If the applicant is not the owner of the land on which the development is to 0e carried out, the
written consent of the owner thereof to the proposed development shall 0e o0tained and endorsed
on the application.
7;8 9here the development involves the erection of a 0uilding, the ommissioner may give
written directions to the applicant in respect of any of the following matters, that is to say
7a8 the level of the site of the 0uilding
708 the line of frontage with neigh0ouring 0uildings
7c8 the elevations of the 0uildings
7d8 the class, design, and appearance of the 0uilding
7e8 the setting 0ack of the 0uilding to a 0uilding line
7f8 access to the land on which the 0uilding is to 0e erected and
7g8 any other matter that the ommissioner considers necessary for purposes of planning.
7)8 The applicant to whom any written directions are given under su0section 7;8 shall if re?uired
0y the ommissioner amend the plan su0mitted with his application accordingly and resu0mit the
plan within such period or e>tended period as the ommissioner may specify.
7"8 If the plan is not resu0mitted within the specified period or e>tended period, the application
for planning permission shall 0e deemed to have 0een withdrawn 0ut the applicant may su0mit a
fresh application.
22. Deel!%me'" !rer.
7#8 The ommissioner shall have power e>ercisa0le at his discretion to grant planning permission
or to refuse to grant planning permission in respect of any development irrespective of whether or
not such development is in conformity with the development plan provided however the e>erciseof the discretion 0y the ommissioner under this su0section shall 0e su0:ect to the provisions of
su0section 7)8 and section !;.
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7!8 9here the ommissioner decides to grant planning permission in respect of a development he
may issue a development order
7a8 granting planning permission without any condition in respect of the development
708 granting planning permission su0:ect to such condition or conditions as the ommissioner
may think fit in respect of the development
Provided that the ommissioner shall not issue a development order under this su0section unless
he is satisfied that the provision of section )# relating to the assessment of development charges
has 0een complied with.
7;8 9ithout pre:udice to the generality of paragraph 708 of su0section 7!8, the ommissioner may
impose any or all of the following conditions
7a8 to the effect that the development order granting planning permission in respect of any change
of use of land or 0uilding is only for a limited period and after the e>piry of that period the use of
the land or 0uilding as authorised under such development order shall cease to have any effect
and the land or 0uilding shall 0e reverted to its original use and
708 to regulate
7i8 the development and use of any other land which is under the control of the applicant and
which is ad:oining the land for which planning permission is to 0e granted for the development
thereof and
7ii8 the works that may 0e carried out on such other land in the manner and to the e>tent as may
appear to the ommissioner to 0e e>pedient with regard to the development for which planning
permission is to 0e granted.
7)8 The ommissioner in dealing with an application for planning permission shall take into
consideration such matters as are in his discretion e>pedient or necessary for purposes of proper
planning and in this connection 0ut without pre:udice to the discretion of the ommissioner todeal with such application, the ommissioner shall as far as practica0le have regard to
7a8 the provisions of the development plan and where the local plan has not 0een adopted, the
omprehensive /evelopment Plan and
708 any other material consideration
Provided that, in the event of there 0eing no local plan for an area and the ommissioner is
satisfied that any application for planning permission should not 0e considered in the interest of
proper planning until the local plans for the area have 0een prepared and adopted under this Actthen the ommissioner may either re:ect or suspend the application.
7"8 Epon the receipt of an application for planning permission the ommissioner shall withinsuch time as may 0e prescri0ed either grant or refuse the application and when the application is
granted su0:ect to condition or refused, the ommissioner shall give his reasons in writing for his
decision.
78 9here a development order is granted, whether with or without conditions, it shall 0e
conveyed to the applicant in the prescri0ed form.
2,. A%%eal a*a#'+" e+#!' ! C!mm#++#!'er.
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7#8 An appeal against the decision of the ommissioner made under su0section 7#8 or 7!8 of
section !! may 0e made to the Appeal +oard within one month from the date of communication
of such decision to him, 0y any applicant aggrieved 0y the decision of the ommissioner in
refusing his application for planning permission or who is aggrieved 0y any condition imposed 0y
the ommissioner in granting the planning permission in respect of his application.
7!8 In considering any appeal the Appeal +oard shall hear the appellant and the ommissioner.
7;8 After hearing the appeal, the Appeal +oard may make an order
7a8 confirming the decision of the ommissioner and dismissing the appeal or
708 allowing the appeal 0y directing the ommissioner to grant planning permission su0:ect to
such conditions as the Appeal +oard may think fit or
7c8 allowing the appeal 0y directing the ommissioner to remove or modify any condition su0:ect
to which planning permission has 0een granted or to replace such condition with such other
condition as the Appeal +oard may think fit.
2-. La%+e ! eel!%me'" !rer.
7#8 A development order issued under this Act shall unless otherwise e>tended 0e valid for twelvemonths from the date of the issue of the order within which time the development shall
commence in the manner specified in such order or the 0uilding plans in respect of the
development shall 0e su0mitted in accordance with any law relating to the erection of 0uildings
Provided that this su0section shall not apply in respect of a development order which is e>pressly
mentioned therein that the planning permission granted does not involve any 0uilding operation.
7!8 n an application 0eing made in that 0ehalf in the prescri0ed manner 0efore the e>piry of the
period referred to in su0section 7#8 the ommissioner may on the payment of the prescri0ed fee
0y the applicant grant such e>tension or e>tensions to a development order as the ommissioner
may deem fit.
7;8 In granting an e>tension or further e>tension of a development order under su0section 7!8, the
ommissioner may impose such conditions on the development order as he thinks fit or vary the
conditions originally imposed and section !; 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 su0section 7!8 of section !!.
20. Re!&a"#!' a' m!##&a"#!' ! eel!%me'" !rer$ %erm#++#!' a' a%%r!al.
7#8 If it appears to the ommissioner that any development order issued under this Act or underPart ' of the ity of Cuala 6umpur 7Planning8 Act, #$D; should 0e revoked or modified, the
ommissioner may order such development order or permission or approval to 0e revoked or
modified to such e>tent as appears to him to 0e necessary.
7!8 An order revoking a development order or a planning permission or an approval of a 0uilding
plan shall state the period within which the person to whom the permission or approval was
granted is re?uired to demolish any 0uilding erected pursuant to the permission or approval andthe ma>imum amount that the ommissioner is prepared to reim0urse the person in respect of
costs incurred 0y him in carrying out the demolition.
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7;8 If, within the period stated in the revocation order or such longer period as the ommissioner
may allow, demolition has not 0een carried out or completed, the ommissioner may himself and
at his own e>pense carry out or complete the demolition.
7)8 If demolition has 0een completed 0y the person to whom the development order or planning
permission or approval of the 0uilding plan was issued, the ommissioner shall reim0urse the
person the costs actually and reasona0ly incurred 0y him in carrying out the demolition, 0ut note>ceeding the amount stated in the revocation order.
7"8 If demolition has 0een partially carried out 0y the person to whom the development order or
planning permission or approval of the 0uilding plan was issued 0ut completed 0y the
ommissioner, the ommissioner shall assess the amount that the demolition would have cost
had it 0een carried out entirely 0y the ommissioner and determine the amount of the costs
actually and reasona0ly incurred 0y the ommissioner in completing the demolition, and shall
pay the person 0y way of reim0ursement of his costs the difference 0etween the two amounts or
the costs actually and reasona0ly incurred 0y the person in carrying out his part of the demolition,
whichever is the lesser amount, 0ut in no case shall the ommissioner 0e 0ound to pay any
amount 0eyond the amount stated in the revocation order.
78 If a development order or a planning permission or an approval of a 0uilding plan is revoked
under su0section 7#8 and the person to whom such order, permission or approval was issued
claims from the ommissioner within the time and in the manner prescri0ed, compensation for
any e>penditure incurred 0y him in carrying out works to implement the permission or approval
prior to its revocation or modification, the ommissioner shall, after giving the person a
reasona0le opportunity to 0e heard, offer such compensation to him as the ommissioner thinks
ade?uate.
7D8 9here a development order a planning permission or an approval of a 0uilding plan is
modified under su0section 7#8, the ommissioner shall reim0urse the person to whom such order,
permission or approval was issued the costs actually and reasona0ly incurred 0y him in
implementing the modification, 0eing costs that he would not have incurred had the modification
not 0een ordered, and shall compensate him for any loss suffered as a result of the modification.
7%8 If any person is aggrieved 0y the amount of any reim0ursement or compensation offered or
paid to him under this section, he may, within the time and in the manner prescri0ed, appeal to the
Appeal +oard and the Appeal +oard shall assess the amount of reim0ursement or compensation
to 0e paid.
26. Oe'&e+ rela"#'* "! 'a"!r#+e eel!%me'".
7#8 Any person who whether at his own instance or at the instance of any other person
7a8 commences, undertakes or carries out development in contravention of su0section 7#8 of
section #$ or uses or permits to 0e used 0y any land in contravention of that section
708 commences, undertakes or carries out development in contravention of su0section 7#8 of
section !B
7c8 commences, undertakes or carries out the development in contravention of any condition
specified in a development order granting planning permission in respect of such development
7d8 commences, undertakes or carries out any development where the development order in
respect of such development has lapsed under section !)
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7e8 commences, undertakes or carries out any development where the development order or
permission or approval for 0uilding plan as the case may 0e in respect of such development has
0een revoked pursuant to section !" or su0section 7!8 of section )# or
7f8 commences, undertakes or carries out development where the development order or the
permission or approval for 0uilding plan as the case may 0e in respect of such development has
0een modified pursuant to section !" as a result of which the development so commenced,undertaken or carried out 0y such person is inconsistent with such modified development order or
permission or approval,
is guilty of an offence and on conviction is lia0le to a fine not e>ceeding fifty thousand ringgit
and in the case of a continuing offence to a further fine which may e>tend to five hundred ringgit
for every day during which the offence continues after conviction for the first commission of the
offence.
7!8 The owner of the land in respect of which any act that constitutes an offence under su0section
7#8 is done shall 0e deemed to have permitted the doing of that act and is lia0le for the like
offence to the like penalty.
7;8 9here the use of land or 0uilding is permitted to 0e continued 0y the ommissioner pursuantto the provisions of su0section 7!8 of section #$, any person who continues such use on or after
the e>piry of the period specified in the permit allowing such use or who continues such use in
contravention of any terms or conditions under which such use is permitted, is guilty of an
offence and on conviction is lia0le to a fine not e>ceeding twentyfive thousand ringgit and in the
case of a continuing offence to a further fine which may e>tend to five hundred ringgit for every
day during which the offence continues after conviction for the first commission of the offence.
27. E'!r&eme'" '!"#&e rela"#'* "! eel!%me'" &arr#e !" #' &!'"rae'"#!' ! "e la3.
9here it appears to the ommissioner that any development or use of land or 0uilding has 0een
undertaken or carried out or 0eing carried out and has not 0een completed in contravention of
section ! the ommissioner may at any time serve on the owner of the land and or the occupierconnected therewith an enforcement notice re?uiring any or 0oth of them within such period asmay 0e specified therein to comply with the re?uirements of the enforcement notice5
Provided that nothing in this section shall 0e construed to preclude the prosecution of any person
for an offence under this Act.
28. Ee&" ! e'!r&eme'" '!"#&e +ere %r+a'" "! +e&"#!' 27.
7#8 Any person on whom an enforcement notice is served pursuant to section !D and who is
aggrieved 0y such notice may within the period and in the manner prescri0ed apply for planning
permission in respect of the development or for the retention on the land of any 0uildings or
works or for the continuance of any use of the land, to which the enforcement notice relates.
7!8 If an application for planning permission is made under su0section 7#8 the ommissioner shall
have power e>ercisa0le at his discretion to determine whether to suspend the enforcement noticeor proceed to take action in terms of the notice.
7i8 the provisions of section !# shall apply to any application for planning permission under this
section provided however in addition to any fees re?uired to 0e paid under section !# a further
fine as may 0e provided shall 0e paya0le for an application made under this section
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7ii8 the ommissioner shall have power e>ercisa0le at his discretion to grant planning permission
or to refuse to grant planning permission with respect to an application made under this section
and the provisions of su0sections 7!8 to 78 of section !! shall apply to an application made under
this section
7iii8 if planning permission is granted with respect to an application, the enforcement notice shall
not take effect or if planning permission is granted for the retention only of some 0uildings orworks or for the continuance of use of only a part of the land the enforcement notice shall not
take effect regarding such 0uildings or works or such part of the land, 0ut shall have full effect
regarding other 0uildings, works or other parts of the land.
29. Pe'al" !r '!':&!m%l#a'&e 3#" e'!r&eme'" '!"#&e +ere %r+a'" "! +e&"#!' 27.
7#8 9ithout pre:udice to su0section 7)8, if within the period specified in the enforcement notice
served pursuant to section !D or, as the case may 0e, within such period as may 0e specified 0y
the ommissioner after the withdrawal or refusal of the application for planning permission made
in connection therewith, the enforcement notice or so much of it as continues to have effect is not
complied with the ommissioner or any authorised officer may enter with or without workmen
upon the land and take such steps as may 0e necessary to e>ecute the enforcement notice
including the demolition or alteration of any 0uilding or works or the removal of any goods,
vehicles or things from any 0uilding or land.
7!8 The ommissioner may re?uest the officer in charge of the police district in which action is to
0e taken to provide police officers to render assistance to any authorised officer in taking any
action 0y virtue of su0section 7#8 and it shall 0e the duty of the officer in charge of the police
district to comply with the re?uest of the police officers provided in compliance therewith to
render such assistance.
7;8 9here the ommissioner e>ercises the power under su0section 7#8, he may recover any
e>penses and costs incurred 0y him from the owner of the land in the same manner as an action to
recover rates under any written law relating to local government.
7)8 Any person who fails to comply with any re?uirement of the enforcement notice servedpursuant to section !D within such period as may 0e specified therein or, as the case may 0e,
within such period as may 0e specified 0y the ommissioner after the withdrawal or refusal of
the application for planning permission made in connection therewith is guilty of an offence and
on conviction is lia0le to a fine not e>ceeding twenty thousand ringgit and in the case of a
continuing offence to a further fine which may e>tend to five hundred ringgit for every day
during which the offence continues after conviction for the first commission of the offence.
,. Re#+#"#!' '!"#&e.
7#8 9ithout pre:udice to section !D, if the ommissioner is satisfied
7a8 that any use of land should 0e discontinued or
708 that conditions should 0e imposed on the continued use thereof or
7c8 that any 0uilding or works on any land should 0e altered or removed, the ommissioner may,
0y notice, which in this Act is referred to as the @re?uisition notice@, served on the owner of the
land
7i8 re?uire the discontinuance of that use or
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7ii8 impose such conditions for the continued use of the land as may 0e specified in the re?uisition
notice or
7iii8 re?uire such steps as may 0e specified in the re?uisition notice to 0e taken for the alteration
or removal of the 0uildings or works as the case may 0e
and the owner shall, within such period as may 0e specified in the re?uisition notice, not 0eingless than one month from the date of service of the notice, comply with such re?uirements or
conditions.
7!8 A person aggrieved 0y a re?uisition notice may, within the period stated therein and in the
manner prescri0ed, appeal to the Appeal +oard.
7;8 If an appeal is filed under su0section 7!8, the re?uisition notice shall 0e suspended until the
determination or withdrawal of the appeal.
7)8 In considering an appeal under su0section 7!8, the Appeal +oard shall hear the appellant and
the ommissioner.
7"8 If the owner of the land to which the re?uisition notice relates has, in conse?uence ofcomplying with the notice, suffered damage in the form of a depreciation in the value of the land
or incurred e>penses or costs in carrying out works in compliance with the notice, he may claim
from the ommissioner, within the time and in the manner prescri0ed, compensation for the
damage, e>penses or costs.
78 If a claim is made under su0section 7"8 the ommissioner shall, after giving the personmaking the claim an opportunity to 0e heard, offer him such compensation as the ommissioner
considers ade?uate.
7D8 If the person to whom compensation is offered under su0section 78 is aggrieved 0y the
amount thereof, he may, within the time and in the manner prescri0ed, appeal to the Appeal +oard
and the Appeal +oard shall assess the amount of compensation to 0e paid.
7%8 A person who fails to comply with a re?uisition notice served on him under su0section 7#8
within the period specified therein or, where an appeal has 0een made under su0section 7!8,
within such period after the determination or withdrawal of the appeal as may 0e specified 0y the
ommissioner commits an offence and is lia0le, on conviction, to a fine not e>ceeding ten
thousand ringgit and, in the case of a continuing offence, to a further fine which may e>tend to
five hundred ringgit for each day during which the offence is continued after the conviction for
the first commission of the offence.
7$8 9ithout pre:udice to su0section 7%8 if within the time specified in the re?uisition notice, there
is no compliance, the ommissioner or any person so authorised 0y him, may enter with or
without workmen upon the land and take such steps as may 0e necessary to e>ecute the
re?uisition notice including the demolition or alteration of any 0uilding or works or removal ofany goods, vehicles or things from any 0uilding or land and in such event su0sections 7!8 and 7;8
of section !$ shall mutatis mutandis apply.
PART
P434'ATI- A-/ P6A-TI-< F T43
,1. Pr!#+#!' !r %re+era"#!' a' %la'"#'* ! "ree+.
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7#8 It shall 0e the duty of the ommissioner whenever it is appropriate at the time of granting
planning permission or at any time thereafter to impose conditions for the preservation or
planting of trees and the making up of open spaces.
7!8 The ommissioner may at the time of granting permission and at any time thereafter re?uire
the applicant to deposit and deposit further with the ommissioner such amount as the
ommissioner may determine to ensure that
7a8 the condition for the preservation or planting of trees will 0e complied with and
708 any open spaces are made up according to the approved plans and specifications.
7;8 The amount determined 0y the ommissioner shall 0e deposited within such period as may 0e
specified 0y the ommissioner.
,2. C!mm#++#!'er ma &a+e "ree+ "! be %r!%erl %la'"e.
7#8 If
7a8 the condition for the preservation and planting of trees is not complied with or
708 the open spaces are not made up in accordance with the approved plans and specifications, to
the satisfaction of the ommissioner in any case where a deposit has 0een made under section ;#,
the ommissioner may, at any time, after service of a notice on the person who made the deposit
cause the trees to 0e planted, or e>ecute or cause works to 0e carried out to ensure that the open
spaces are made up in accordance with the approved plans and specifications.
7!8 The cost of any works to 0e carried out 0y the ommissioner under su0section 7#8 shall 0e
recovered from the deposit made under section ;#.
,,. Re' ! e%!+#" !' &!m%le"#!' ! 3!r;+.
7#8 9here a deposit has 0een made under section ;# and the trees have 0een planted, or the openspaces are made out in accordance with the approved plans and specifications, the ommissioner
may, upon an application 0eing made refund to the person who made the deposit the whole or part
of the deposit.
7!8 The ommissioner may retain the deposit or part thereof if he is of the opinion that
7a8 the trees have not 0een properly planted or
708 the open spaces have not 0een properly made out in accordance with the approved plans and
specifications or
7c8 it is re?uired for a period of maintenance, which period shall not e>ceed twelve months from
the date of completion of the works descri0ed in the approved plans and specifications.
,-. Re' ! e%!+#" 3ere b#l#'* 3!r;+ are '!" &!mme'&e.
Any person who has made a deposit under section ;# and who su0se?uently does not proceedwith the implementation of the planning permission may notify the ommissioner who may, in
his discretion, refund the deposit or part thereof as he may determine.
,0. Tree %re+era"#!' !rer.
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If it appears to the ommissioner that it is e>pedient in the interest of amenity to make provision
for the preservation of any tree, trees or groups of trees in the Federal Territory, he may for that
purpose make an order, which in this Act is referred to as a @tree preservation order@, with respect
to such tree, trees or groups of trees as may 0e specified in the order, and in particular, provision
may 0e made 0y any such order
7a8 for prohi0iting the cutting down, topping, lopping or wilful destruction of trees, e>cept withthe consent of the ommissioner and
708 for securing the replanting in such manner as may 0e directed 0y or under the order5
Provided that this section shall not apply to the cutting down, topping or lopping of trees whichare dying or dead or for the prevention of imminent danger.
,6. Pr!#b#"#!' "! &" "ree 3#" *#r" eceeding one metre growing on any land e>cept
where
7a8 the felling or cutting is for the prevention of imminent danger or
708 the felling or cutting is in compliance with any written law
7!8 For the purpose of su0section 7#8 the girth of a tree shall 0e measured half a metre from the
ground provided that the girth of the tree with 0uttress shall 0e measured a0ove the 0uttress.
7;8 Any person who fells or cuts a tree in contravention of su0section 7#8 or who wilfully causes
the death of a tree to which that section applies is guilty of an offence and is lia0le on conviction
to a fine not e>ceeding five thousand ringgit.
7)8 9here in any proceeding for an offence under this section it is proved that a tree was felled or
cut, it shall 0e presumed, until the contrary is proved that the tree had 0een felled or cut 0y theoccupier of the land on which the tree was growing.
,7. Re%la&eme'" ! "ree+.
7#8 If any tree in respect of which a tree preservation order is for the time 0eing in force is
removed or destroyed in contravention of the order or is removed or destroyed or dies, it shall 0e
the duty of the owner of the land, unless on his application the ommissioner dispenses with this
re?uirement, to plant another tree of an appropriate si=e and species at the same place as he
reasona0ly can.
7!8 The duty imposed 0y su0section 7#8 on the owner of the land shall attach to the person who is
from time to time the owner of the land and may 0e enforced as provided.
,8. Pe'al"#e+ !r '!':&!m%l#a'&e 3#" "e %re+era"#!' !rer.
If any person, in contravention of a tree preservation order cuts down or wilfully destroys a tree
or tops or lops the tree in such a manner as to 0e likely to destroy it, he is guilty of an offence andis lia0le on conviction to a fine not e>ceeding five thousand ringgit.
,9. E'!r&eme'" ! "#e+ a+ "! "ree %re+era"#!' !rer.
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If a tree preservation order which re?uires replacement of a tree or trees is not complied with, the
ommissioner may proceed to replace the tree or trees of such si=e and species as he may decide
and the cost and e>penses incurred there0y shall 0e paid 0y the person in default or the owner.
PART I
/'6P2-T GA4
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7;8 The ommissioner may at any time vary any order issued under su0section 7#8 if he is
satisfied that su0se?uent to the issue of such order the actual density, floor area or plot ratio
differs from the density, floor area or plot ratio upon which the development charge has 0een
0ased, and shall determine the new development charge accordingly and make an order to that
effect.
7)8 The ommissioner shall serve the order made under su0section 7;8 in the manner specified insu0section 7#8.
7"8 The ommissioner shall
7a8 demand the payment of the difference in the amount of development charge if the amount inthe order made under su0section 7;8 e>ceeds the amount specified in the order made under
su0section 7#8 or
708 refund the difference in the amount of the development charge if the amount paid in
conse?uence of the order under su0section 7#8 e>ceeds the amount specified in the order made
under su0section 7;8.
-2. A%%eal a*a#'+" a++e++me'" ! eel!%me'" &ar*e.
7#8 If any person lia0le for a development charge is dissatisfied with the order made under
su0section 7#8 or 7;8 of section )# he may, within such time and in such manner as may 0e
prescri0ed, appeal to the Appeal +oard.
7!8 The Appeal +oard may, after hearing the ommissioner and the appellant make such order asit deems fit.
-,. Deel!%me'" &ar*e "! be a &ar*e !' la'.
If any development is commenced or carried out without payment of the amount of the
development charge determined under the provisions of this Part, the amount of the development
charge shall 0e recovera0le in the same manner as arrears of rates under any law relating to localgovernment.
--. Pame'" ! m!'#e+ #'"! '.
The ommissioner shall pay all monies collected under this Act into the fund constituted under
any law relating to local government and notwithstanding the provisions of that law relating to
the e>penditure of monies out of that fund the ommissioner shall have power to e>pend such
monies collected under this Act for the purposes of putting into effect the provisions of this Act5
Provided that any monies collected 0y virtue of su0section 7!8 of section )B shall not 0e e>pendede>cept for the purpose of providing spaces for car parking in the ity.
PART IIAPPA6 +A4/
-0. A%%eal /!ar.
7#8 For the purpose of this Act there shall 0e appointed an Appeal +oard consisting of three
mem0ers, one of whom shall 0e the hairman, which in this section is referred to as @the
hairman@, and two other mem0ers who shall serve in the Appeal +oard pursuant to su0section
7"8.
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7!8 There shall also 0e a /eputy hairman of the Appeal +oard, which in the section is referred to
as @/eputy hairman@, who shall only serve in the Appeal +oard if the hairman is una0le to
e>ercise his functions owing to illness, a0sence from 2alaysia or for any other cause whatsoever
and when the /eputy hairman serves in the Appeal +oard under the aforesaid circumstances he
shall e>ercise the functions of the hairman.
7;8 The hairman and the /eputy hairman shall 0e persons nominated 0y the hief ustice ofthe Gigh ourt in 2alaya, from amongst persons who are :udges of such Gigh ourt or who for
the ten years preceding the nomination have 0een advocates and solicitors of such Gigh ourt or
have 0een mem0ers of the :udicial and legal service of 2alaysia.
7)8 The appointment of the hairman and /eputy hairman shall 0e made 0y the 1ang diPertuan
Agong 0y notification in the ceeding three years and shall 0e eligi0le for reappointment.
7"8 7a8 9henever a need arises for the Appeal +oard to 0e convened, the hairman shall call upon
to serve on the Appeal +oard any two mem0ers from a panel of persons appointed 0y notification
in the amine witnesses, re?uire any person to 0ind himself 0y an oath to state the truth,
compel the production and delivery of any document which it considers to 0e material for the
proceeding 0efore it, to award costs or make any order in respect of any appeal 0efore it where
this Act does not provide for the nature of the order to 0e made.
7#B8 very person summoned 0y the Appeal +oard to attend its proceedings is legally 0ound to
attend at the place and time specified in the summons, and every person re?uired 0y the Appeal
+oard to produce or deliver any document to the Appeal +oard or to any pu0lic servant is legally0ound to so produce or delivery the document.
7##8 All summonses, notices, awards, and orders issued, made or given under the hand of the
hairman shall 0e deemed to 0e issued, made, or given 0y the Appeal +oard.
7#!8 An order made 0y the Appeal +oard on an appeal 0efore it shall 0e final, shall not 0e called
into ?uestion in any court, and shall 0e 0inding on all parties to the appeal or involved in the
matter.
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7#;8 For the purposes of the Penal ode, the Appeal +oard shall 0e deemed to 0e a court and
every mem0er thereof shall 0e deemed to 0e a pu0lic servant.
7#)8 The 2inister may make rules to prescri0e the procedure of appeals to the Appeal +oard and
the fees paya0le in respect thereof and to regulate the proceedings of the Appeal +oard 0ut, until
such rules are made and in operation the Appeal +oard shall, for the purpose of its proceedings,
as far as practica0le follow the 3u0ordinate ourts 4ules #$%B.
7#"8 2em0ers of the Appeal +oard shall 0e paid such allowances as the 2inister may with the
approval of the 2inister of Finance, determine.
PART III
PE4GA3 -TI A-/ AJEI3ITI- F 6A-/
-6. N!"#&e re#r#'* %r&a+e ! la' #' &er"a#' &a+e+.
7#8 9ithout pre:udice to the operation of any written law for the time 0eing in force relating to the
ac?uisition of land, a registered proprietor of land
7a8 for the development of whose land planning permission has 0een refused under section !! on
the grounds that the land is indicated in the development plan, whether e>pressly or 0yimplication, as land intended for a pu0lic purpose and who claims that, 0y reason of the refusal,
the land is incapa0le of reasona0le 0eneficial use or
708 who claims that, 0y reason of compliance with a re?uisition notice in respect of his land
served on him under section ;B, the land is incapa0le of reasona0le 0eneficial use,
may, in the prescri0ed manner, serve on the ommissioner a purchase notice in the prescri0ed
form, re?uiring his interest in the land to 0e purchased in accordance with this section.
7!8 There shall 0e served with the purchase notice a statement of the facts and reasons to :ustify
the claims in the notice, together with copies of any availa0le documents, including affidavits that
may furnish proof of the facts and reasons.
7;8 The ommissioner shall investigate the claim made in every purchase notice served under
su0section 7#8 and, if it is satisfied that the notice is in the prescri0ed form and has 0een prepared
and served in the prescri0ed manner, shall su0mit the notice to the 2inister together with the
statement and any other documents served with the notice and
7a8 in the case of a purchase notice of a person claiming under paragraph 7a8 of su0section 7#8, 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
ommissioner as to whether the land is capa0le of reasona0le 0eneficial use and
708 in the case of a purchase notice of a person claiming under paragraph 708 of su0section 7#8,
details of the re?uisition notice giving rise to the claim and a statement of the opinion of theommissioner as to whether the land is capa0le of reasona0le 0eneficial use.
7)8 If the ommissioner is not satisfied that the purchase notice is in the prescri0ed form or has
0een prepared or served in the prescri0ed manner, it shall re:ect the purchase notice, 0ut without
pre:udice to the service of another purchase notice.
7"8 The 2inister, after considering the purchase notice and all other matters su0mitted 0y the
ommissioner under su0section 7;8 shall
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7a8 if the 2inister is satisfied that the land to which the purchase notice relates is capa0le of
reasona0le 0eneficial use, re:ect the purchase notice or
708 if the 2inister is not satisfied that the land to which the purchase notice relates is capa0le of
reasona0le 0eneficial use or is satisfied that the land is not capa0le of such use, direct the
ommissioner to initiate steps towards the ac?uisition of the land in accordance with the
provisions of the 6and Ac?uisition Act #$B.
78 For the purposes of the 6and Ac?uisition Act #$B
7a8 any land intended to 0e ac?uired pursuant to this section shall 0e deemed to 0e needed 0y the
ommissioner and
708 the land shall 0e deemed to 0e needed for the purpose referred to in paragraph 708 of section ;
of the said Act.
PART I=
ATI- A4A3 A-/ /'6P2-T A4A3
-7. Ser#&e ! a' a&"#!' area !rer.
7#8 9here an area has 0een shown to 0e an action area on the development plan or has 0een
declared to 0e an action area under section #!, the ommissioner shall either 0efore or after
adoption of the local plan for the area, serve an action area order on the owner of the lands
affected there0y informing them
7i8 the date on which the area was indicated as an action area on the development plan or declaredto 0e such under section #!
7ii8 the type of development, redevelopment or improvement that would 0e permitted or likely to0e permitted either 0y individual lots or as a comprehensive development
7iii8 the period within which the development is to 0e commenced in the area and where the
ommissioner considers it necessary, re?uesting that an application for planning permission 0emade within a specified period.
De&lara"#!' ! eel!%me'" area+.
7!8 If within the period specified in the action area order the owner or owners fail to apply for
planning permission or, if there is no such period specified and the owner fails to commence
development within the period stated in the order, the ommissioner may with the approval of the
2inister, 0y notification in the
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purchase of the lands on terms accepta0le to the ommissioner, 0e ac?uired and paid for in
accordance with the said Act.
7!8 For the purpose of the said Act
7a8 any land intended to 0e ac?uired pursuant to this Part shall 0e deemed to 0e needed 0y the
ommissioner
708 the ommissioner shall 0e deemed to 0e a corporation undertaking a work that is of pu0lic
utility and
7c8 the land shall 0e deemed to 0e needed for the purpose referred to in paragraph 708 of section ;
of the said Act.
-9. C!mm#++#!'er ma em%l! a*e'"+$ e'"er #'"! arra'*eme'"+$ a' e+"abl#+ &!r%!ra"#!'+.
7#8 For the purpose of developing a development area in the discharge of his duty under this part,
the ommissioner may with the approval of the 2inister appoint or employ agents, and enter into
any arrangement for sharing profits, union of interests, cooperation, :oint venture, or reciprocal
concession with any person, company or 0ody.
7!8 The ommissioner may with the approval of the 2inister esta0lish a corporation 0y suchname as the ommissioner thinks fit, to develop, carry out and have the charge, conduct and
management of any pro:ect scheme or enterprise that has 0een planned or undertaken 0y the
ommissioner in the discharge of his duty under this Part of developing a development area.
7;8 very order made under su0section 7!8 shall make provision in respect of
7a8 the purposes and o0:ects for which the corporation is esta0lished
708 the constitution of the corporation
7c8 the duties, powers, and rights of the corporation
7d8 the system of management of the corporation
7e8 the financing of the corporation
7f8 the accounts to 0e kept 0y the corporation and the auditing thereof
7g8 the relations 0etween the corporation and the ommissioner and its right of control over the
corporation and
7h8 the common seal of the corporation.
0. P!3er "! b!rr!3 m!'e.
The ommissioner may, with the approval of the 2inister and of the 2inister of Finance on such
terms and conditions as he may specity, 0orrow such sums of money as are necessary for
financing the development of a development area.
01. P!3er "! #+%!+e ! la' a' %r!%er".
The ommissioner may with the approval of the 2inister sell, let, or otherwise deal with or
dispose of any land or property in a development area.
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PART =
2I366A-E3 P4'I3I-3
02. P!3er ! e'"r.
7#8 An authorised officer may, with or without assistants or workmen, enter upon or into any land
or 0uilding for the purpose of
7a8 making any en?uiry, inspection, measurement or survey or taking the levels of such land or
0uilding
708 setting out 0oundaries and intended lines of works
7c8 marking such levels, 0oundaries and lines 0y placing marks and cutting trenches
7d8 e>amining works under construction and ascertaining the course of sewers and drains
7e8 digging or 0oring into the su0soil
7f8 ascertaining whether any development has 0een commenced, undertaken or carried out in
contravention of any provision of this Act or rules made thereunder and
7g8 doing any other acts necessary for the efficient administration of this Act.
7!8 -o such entry shall 0e made
7i8 in the case of any 0uilding used solely as a dwelling house or upon any enclosed part or garden
attached to such a 0uilding, unless prior consent of the occupier has 0een o0tained or at least
twentyfour hours in writing of the intention to enter has 0een given to such occupier and
7ii8 without due regard, so far as may 0e compati0le with the e>igencies of the purpose for which
the entry is made, to the social and religious usages of the occupants of the land or 0uilding.
7;8 Any person who wilfully o0structs the entry of any of the persons empowered or authorisedunder su0section 7#8 to enter into or upon any land or 0uilding or assaults any such person after
such entry is guilty of an offence and on conviction is lia0le to a fine not e>ceeding five thousand
ringgit or to imprisonment for a term not e>ceeding one year.
0,. Ser#&e ! !&me'".
7#8 All documents re?uired 0y this Act or any rules made thereunder to 0e served upon any person
shall, save as otherwise provided in this Act or rules 0e deemed to 0e duly served
7a8 where the document is to 0e served on a government department, railway or local authority or
any statutory authority, company, corporation, society or other 0ody if the document is addressed
to the head of the government department, general manager of the railway services, secretary or
principal officers of the local authority, statutory authority, company, corporation, society or anyother 0ody at its principal, 0ranch, local or registered office as the case may 0e and is either
7i8 delivered at such office or
7ii8 sent 0y registered post to such office
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708 where the document is to 0e served on a partnership, if the document is addressed to the
partnership at its usual place of 0usiness, identifying it 0y name or style under which its 0usiness
is carried on, and is either
7i8 delivered at the said place of 0usiness or
7ii8 sent 0y registered post to such place
7c8 in any other case, if the document is addressed to the person to 0e served and
7i8 is given or tendered to him or
7ii8 is sent 0y registered post to that person or
7iii8 if such person cannot 0e served personally or 0y registered post, it is given or tendered tosome adult mem0er of his family or it is affi>ed on some conspicuous part of the land or 0uilding
to which it relates.
7!8 Any document which is re?uired or authorised to 0e served on the owner or occupier of any
land or 0uilding may 0e addressed @the owner@ or @the occupier@, as the case may 0e, of that landor 0uilding 7naming or descri0ing that land or 0uilding8 without further name or description, and
shall 0e deemed to 0e duly served if the document so addressed is sent or delivered in accordancewith paragraph 7c8 of su0section 7#8.
7;8 9here a document is served on a partnership in accordance with this section, the document
shall 0e deemed to 0e served on each partner.
7)8 9here the person on whom a document is to 0e served is a minor, the service upon his
guardian or any adult mem0er of his family shall 0e deemed to 0e served upon the minor.
7"8 A document sent 0y registered post shall 0e deemed to 0e served seven days after the date of
registration.
0-. A"e'"#&a"#!' ! !&me'"+.
7#8 very plan including map, development order, order, permit or notice including enforcement
or re?uisition notice, prepared, issued, made or served 0y the ommissioner under, 0y virtue or
for purposes of this Act shall 0e authenticated 0y the signature of the ommissioner or a person
authorised in writing 0y the ommissioner.
7!8 A certificate signed 0y the ommissioner certifying that any such document purporting to 0e
prepared, issued, made or served 0y him was so prepared, issued, made or served shall 0e
conclusive evidence of the fact so certified.
00. D!&me'"ar %r!!.
7#8 very document referred to in section "D and duly authenticated and certified in the manner
thereto descri0ed and every document in the form of receipt, application, record or register
issued, made or maintained under, 0y virtue of or for the purposes of this Act shall if duly
certified 0y the ommissioner or an authorised officer in this 0ehalf 0e admissi0le as proof of thecontents of such document.
7!8 A copy of any document referred to in su0section 7#8 or any e>tract therefrom, if duly certified
0y the ommissioner or any authorised officer in this 0ehalf, shall 0e admitted as evidence of the
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matter and transaction therein e>pressed in any case where and to the same e>tent as the original
of such document would if produced have 0een admissi0le to prove such matters and
transactions.
7;8 -otwithstanding the provisions of any written law, in any proceedings under this Act, a
certificate for the purpose of esta0lishing the registered proprietor of any land which purports to
0e signed 0y the 4egistrar of Titles or the ollector of 6and
4evenue as the case may 0e shall, unless the contrary is proved, 0e evidence of any fact stated
therein.
06. Re+"r#&"#!' !' "e +mm!'#'* ! "e C!mm#++#!'er$ a"!r#+e !#&er+ a' a*e'"+.
The ommissioner or any authorised officer or agent shall not 0e re?uired in any legal
proceeding to which the ommissioner is not a party, to produce any record, register or document
the contents of which can 0e proved under section "" 0y a certified copy, or to appear as a witness
to prove the matters and transactions recorded therein, unless 0y order of the ourt made for
special cause.
07. Pr!+e&"#!'.
7#8 The ommissioner may direct any prosecutions for an offence under this Act or any rules
made thereunder and the ommissioner may authorise in writing the incurring of such e>pense as
may 0e necessary for such prosecution.
7!8 Any authorised officer or any police officer not 0elow the rank of an Inspector may conductsuch prosecutions on 0ehalf of the ommissioner.
08. D#+%!+al ! *!!+ rem!e b C!mm#++#!'er.
7#8 Any goods, vehicles or things removed from any 0uilding or land 0y the ommissioner or any
authorised officer under section !$ shall 0e detained at the risk of the owner or the person
offending until the e>penses of removal and detention are paid.
7!8 In the event of there 0eing no claim for the goods, vehicles or things the goods, vehicles or
things may 0e sold 0y pu0lic auction or, if the ommissioner thinks the circumstances of the case
re?uire, may 0e sold otherwise or 0e disposed of without sale.
7;8 The moneys arising from the sale may 0e retained 0y the ommissioner and applied in or
towards the e>penses incurred and the surplus, if any, shall 0e paid on demand to the owner of the
goods, vehicles or things.
7)8 If the surplus is not claimed within two years it shall 0e paid into the fund of theommissioner.
09. Pe'al" !r #'"erere'&e 3#" mar;+.
Any person who, without the authority of the ommissioner, 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
7a8 is lia0le to a fine not e>ceeding five thousand ringgit or to imprisonment for a term not
e>ceeding one year or to 0oth and
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708 may, in addition to or in place of that penalty, 0e ordered to pay to the ommissioner a sum,
recovera0le as a fine, not e>ceeding three times the cost of repairing or reemplacing the mark
and of marking any survey rendered necessary 0y the act in respect of which he is convicted.
6. Pbl#& +era'"+.
The ommissioner and every authorised officer or agent under this Act shall 0e deemed to 0e apu0lic servant within the meaning of the Penal ode.
61. Pbl#& A"!r#"#e+ Pr!"e&"#!' A&" 19-8.
The Pu0lic Authorities Protection Act #$)%, shall apply to any action, suit, prosecution or
proceeding against the ommissioner, every mem0er of the Appeal +oard or ommittee and
every authorised officer or agent under this Act in respect of any act, neglect or default done or
committed 0y him in such capacity.
62. I'em'#" a' eclusively for religious, educational, recreational, social, welfare,
or charita0le purposes and not for pecuniary profit are e>empted from the payment of all chargesand fees under this Act.
7!8 The e>emption under su0section 7#8 does not e>tend to development charges.
6-. P!3er "! ma;e rle+.
7#8 The ommissioner may with the approval of the 2inister make rules generally for the 0etter
carrying out of the provisions of this Act.
7!8 In particular and without pre:udice to the generality of the foregoing powers such rules may
provide for all or any of the following matters, namely
7a8 regulating the development of land in relation to proper planning
708 the classes of use of land and 0uildings or parts thereof
7c8 the control of residential density, floor area, plot ratio, plinth area, and uses of 0uildings or
land
7d8 regulating the height, design, appearance and siting of 0uildings, provision of car parking, set
0ack and open spaces
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7e8 the control of means of access to land or 0uildings
7f8 the protection of ancient monuments and land and 0uildings of historic or architectural
interest
7g8 the details of the forms and contents of the structure plan and local plan, the procedure to 0e
followed in the preparation, su0mission, and approval thereof, the form and manner in which theyshall 0e pu0lished, and the form of the notices relating thereto
7h8 the ?ualifications of persons who may prepare or su0mit plans for the purposes of this Act
7i8 regulating the dimension, appearance and position of advertisements which may 0e displayed,
the sites on which advertisements may 0e displayed, the manner in which they may 0e affi>ed to
the land or 0uilding, the issue of licences for the display of advertisements and to prevent or
remove advertisements which are not licenced
7:8 the prescri0ing of such fees as may 0e re?uired to 0e paid under this Act
7k8 the rate of development charges and the method of calculation of development charges
7l8 the form in which any application for planning permission for development shall 0e made, the
particulars to 0e furnished in such application and the documents and plans which shallaccompany such application
7m8 the form and contents of a tree preservation order
7n8 the form and contents of an action area order
7o8 the form of registration of application and the particulars to 0e contained in such register
7p8 the manner of filing, and the fees to 0e paid for, and the procedure to 0e followed in, appeals
to the Appeal +oard
7?8 regulating the conduct of negotiations for the purchase of lands in a development area and the
terms of purchase
7r8 regulating the making and the terms of any arrangement for sharing profits, union of interests,
cooperation, :oint venture, or reciprocal concession with any person, company or 0ody under
section )"
7s8 securing a :ust and e?uita0le implementation of section "#
7t8 to provide for the offences under this Act and any 0ylaws which may 0e compounded 0y the
ommissioner, the persons who may compound, the limit of the sum of money to 0e collected 0y
the ommissioner for compounding such offences and the procedure and forms to 0e complied
with in compounding and
7u8 any other matters for the smooth e>ecution of the development plan.
60. Re%eal a' +a#'*.
7#8 The ity of Cuala 6umpur 7Planning8 Act #$D; is repealed.
7!8 -otwithstanding the repeal of the law specified in su0section 7#8, which in this Act is referred
to as the @repealed law@
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7a8 any rule made under the repealed law shall in so far as it is not inconsistent with the
provisions of this Act continue in force and have the like effect as if it had 0een made under this
Act
708 any order, development order, notice including enforcement notice and re?uisition notice, any
planning permission, direction, notification or permit made, given, granted, issued, delivered or
served under, 0y virtue of or for purposes of the repealed law and in force immediately prior tothe appointed date shall su0:ect to the period of validity specified therein continue in force and
have the like effect as if it had 0een made, given, granted, issued, delivered or served as the case
may 0e under or 0y virtue of or for the purposes of this Act
Provided that such person may 0e removed from office or have his appointment revoked or varied
in accordance with the corresponding provisions of this Act relating thereto
7c8 any person lawfully e>ercising or holding immediately 0efore the appointed date any function
or office corresponding to those conferred 0y this Act on a mem0er of the Appeal +oard, a
mem0er of the ommittee, or an authorised officer or agent shall on the appointed date continue
to e>ercise such functions or hold such office su0:ect to the terms and conditions as set out in the
instrument appointing him
Provided that such person may 0e removed from office or have his appointment revoked or varied
in accordance with the corresponding provisions of this Act relating thereto.
66. Perbaa'a' Pemba'*'a' /a'ar A&" 1971.
7#8 -ot withstanding section #D of the Pe0adanan Pem0angunan +andar Act #$D#, in respect of
the Federal Territory only, where the 2inister descri0ed therein has 0y notification in the ercised and
performed 0y the Per0adanan Pem0angunan +andar and the ommissioner shall cease to e>ercise
such functions and powers and perform such duties.
7;8 The 1ang diPertuan Agong may 0y order pu0lished in the pedient for the purpose of removing any difficulties occasioned
0y the coming into effect of the provisions of this section and any such order may 0e made so as
to have effect as from the commencement of the declaration referred to in su0section 7#8.