Town And Country Planning Act 1976

Original Language Title: Town and Country Planning Act 1976

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WM laws of MALAYSIA Act 172 REPRINTING the TOWN and COUNTRY PLANNING ACT 1976 Contains all amendments to 1 January 2006 PUBLISHED by the COMMISSIONER of law revision, UNDER the AUTHORITY of law REVISION ACT 1968 in COLLABORATION with PERCETAKAN NASIONAL MALAYSIA BHD 2006 2 laws of Malaysia ACT 172 TOWN and COUNTRY PLANNING ACT 1976 Royal Assent Date............ March 18, 1976, the date of publication in the Gazette......... 25 March 1976 REPRINT BEFORE Reprinting the first............ 1998 Second Reprinting............ 2001 Third Re-printing............ 2005 town and country planning 3 laws of MALAYSIA Act 172 TOWN and COUNTRY PLANNING ACT 1976 ARRANGEMENT of SECTIONS part I preliminary section 1. Short title, application and commencement 2. Interpretation Part II POLICY And ADMINISTRATION 2A. National Physical Planning Council 2B. Director General of the town and country planning 3. The general planning policy 4. The State Planning Committee and functions 5. The local planning authority 6. Local planning authority functions IIA DIVISION 6A REGIONAL PLANNING COMMITTEE. Regional Planning Committee E.COLI DIVISION NATIONAL PHYSICAL PLAN 6B. National physical plan 4 laws of Malaysia ACT 172 SECTION III DEVELOPMENT PLAN Section 7. Review area planning 8. Preparation of draft structure plan 9. Publicity relating to the preparation of the draft structure plan 10. The approval or rejection of the draft structure plan by the Committee 11. Review or variation of structure plan 11A. The structure plan review procedures 11B. Procedures for variation of structure plan 12. Preparation of draft local plan 12A. Publicity relating to the preparation of the draft local plan 13. Publicity in connexion with the draft local plan 14. Investigation and hearing in respect of the draft local plan 15. The approval or rejection of the draft local plan 16. Alteration, cancellation and replacement local plan 16A. Preparation, etc., local plan by State Director 16B. Special area plan 17. Power to make rules of PART IV of PLANNING CONTROL 18. Land use and building 19. Prohibition against unauthorized development plan 20. Prohibition against the opposite development with planning permission 20A. Duty to consult 21. Application for planning permission 21A. Development proposal report 21B. The layout plan 21C. The preparation of the plan, etc., by a person qualified 22. Service of application 23. Appeal against the decision of the local planning authority 24. Expiry of the planning permission 25. Cancellation and modification of the planning permission and building plan approval 26. Offences relating to the development of the town and country planning 5 section 27. Enforcement in the case of a violation of section 19 28. Enforcement in the case of a violation of section 20 29. Enforcement in the case of development which is not in accordance with the planning permission or building plan approvals modified 30. Notice of requisition 31. Implementation by the person authorized 31A. Inconsistency between laws, buildings with development plan part V DEVELOPMENT CHARGE 32. Development charge and liabilities to it 33. Determination of development charge 34. Payment of development charge 35. Power to make rules PART VA TREE PRESERVATION ORDER 35A. Tree preservation order 35B. Tree preservation order is not possible if the trees subject to conditions 35 c. Appeal against tree preservation order, etc.
35 d. Compensation under tree preservation order 35E. Replacement trees 35F. Local planning authorities may replace trees if the person obliged to replace it fail to do so 35G. Cancellation of a tree preservation order 35H. Prohibition to cut, etc., of the trees of more than 0.8 metres in circumference PART VI APPEAL BOARD 36. Appeal Board 6 laws of Malaysia ACT 172 PART VII NOTICE of PURCHASE and the LAND ACQUISITION Section 37. The notice requires the purchase of land in the case of certain PART VIII SPACES DEVELOPMENT 38. Declaration of area development 39. Effect of declaration 40. Special provisions for compensation 41. Local planning authorities can employ agents, making arrangements, and set up the Corporation 42. The power to borrow money 43. The power to dispose of lands and assets 44. Power to make rules PART IX MISCELLANEOUS PROVISIONS 45. Power enters the 46. Presentation of documents 47. Confirmation of documents 48. Proof dokumentar 49. Special features of the production of documents and the attendance as a witness 50. Prosecution 51. The Court's jurisdiction 52. A penalty by reason of the disturbing sign 52A. Offences by body corporate 53. Public servants 54. Public Authorities Protection Act 55. Indemnity against claims in respect of damage or loss of 56. Application of Act 119 for investigation or hearing local 57. Exemption from fees and charges 58. Power to make rules 59. Repeal of laws existing planning town and country planning 7 laws of MALAYSIA Act 172 TOWN and COUNTRY PLANNING ACT 1976 an act for the control and surveillance should be on town and country planning in Peninsular Malaysia and for the purposes of and incidental to it.
[See Appendix]
WHEREAS IT is expedient for the purpose of ensuring uniformity of law and policy a law made for the proper control and surveillance on town and country planning in Peninsular Malaysia: and WHEREAS IT is expedient also made provisions to give executive power to the Federation about certain matters relating to the control and surveillance of town and country planning: now, therefore, pursuant to clause (1) of article 74 , Clause (4) of article 76 and clause (2) of article 80 of the Constitution, BE IT enacted by the Seri Paduka Baginda Yang di-Pertuan Agong with the advice and consent of the Dewan Negara and Dewan Rakyat in Parliament assembled, and by the authority of the same, as follows: part I preliminary short title, application and commencement 1. (1) this Act may be cited as the town and country planning Act 1976 and shall apply in Peninsular Malaysia.
8 laws of Malaysia ACT 172 (2) subject to subsection (3), this Act shall come into force in a given State on the date laid down by the State authority, with the agreement of the Minister may, by notification in the Gazette URNegeri.* (3) the State authority may carry out effective this Act in such manner as it considers most appropriate, beneficial, expedient, or can be implemented, either by setting a different date for different provisions of this Act , by setting different dates for different local authorities or for different parts of the area, with the exercise of a general provision in the State and at the same time declare that, during the period or until a specified provision shall apply or not apply to or in respect of a local planning authority or area or any part of a local planning authority only to the extent determined only , or by any other means.
Interpretation 2. (1) in this Act, unless the context otherwise requires — "building" includes any houses, huts, sheds or an enclosure beratap, whether used or not used as human, and any wall, fence, platform, scaffolding, gates, columns, pilar, fence spikes, frames, boards dendeng, launcher, dock, Pier, wall, Pier, the celebrated stage base, or bridges, and any structure, a crutch or base attached on or with any of the structure;
"development charge" means the development charge referred to in section 32;
"prescribed" means prescribed by rules;
"road" means any public or private road, and includes any route, columns, pages, small roads, alleys, bridges, broadcast distance, direction of trace, the way six feet, past Street, or highway, whether or not tembus, which members of the public have the right 39;
* NOTE — See Appendix.
Town and country planning 9 "Committee" means the State Planning Committee established under section 4;
"Regional Planning Committee", in respect of an area, means the regional planning committee which was established for the area under section 6A;
"rules" means the rules made under this Act;
"development area" means a development area declared under subsection 38 (1);
"special area" means an area determined under section 16B;
"plinth area" means the part of the area of any lot that is to be covered by the building;
"planning" means authorization given, with or without conditions, to carry out development;
"density" means the land use intensity calculated or specified according to the number of people, residential units, or rooms were uninhabitable, or any combination of such factors, for a unit of land area; and for the purposes of this definition, "the room uninhabitable" shall not include a kitchen, store room, utility room, WC, bathroom, or garage;
"facility" includes roads, water and electricity supply, street lighting, sewerage, drainage, public works, and other public facilities and services similarly to it;
"building" means a tear down, establish, erect again, or expand a building or part thereof and includes —

(a) any additional height or spacious floors of a building;
(b) make the roof or making the roof of a building or part thereof;
10 laws of Malaysia ACT 172 (c) any additional or alteration to a building that affect or may affect the arrangement of drainage or kebersihannya or its strength;
(d) any additional or alteration to a building, whether made before or after the buildings were completed, which deviates in any way from any plan or specification in respect of the building, passed at any time by any of the authorities authorized under any written law to approve the plan or specifications;
(e) any additional or alteration to a building that affect or may materially affect materially the building in any way; and (f) any other work that is usually done by a person who carries on the business of building;
"engineering works" includes make up or leveling the ground, forming or provides the entrance to a road, or install cable, mains, or provide a supply of water or stream;
"earthworks" includes any act of excavation, levelling, covering them with any substance, or cut trees on any land, or any other Act which touch or disturb any land;
"comfort" means the quality or State of a place or area that cause them to be fun, harmony and can be enjoyed with better, and includes open spaces, parks, recreational parks and playground;
"The Director General of town and country planning" means the Director General of the town and country planning which of its functions specified in section 2B;
"development proposal report" means the report required in order given by an applicant for planning permission under section 21A (1);
"Appeal Board" means the Appeal Board constituted under section 36;
"wide floor" means the total floor space in a building, as measured from the external side of the wall or, in the case of a shared wall, measured from the middle of the wall;
Town and country planning 11 "Council" means the national physical planning Council established under section 2A;
"chopping" includes cut, crop, trim, remove, damage or destroy trees;
"Minister" means the Minister responsible for town and country planning;
"plot ratio" means the ratio between total floor a spacious building plot with building as measured between the boundary line survey or, if no boundary line survey, between the boundary line while;
"purchase notice" means a notice of the purchase referred to in section 37;
"notice of requisition" means a requisition notice referred to in section 30;
"authorized person", in relation to any provision, means a person specified in writing by the local planning authority as an authorised for the purposes of that provision;
"plan" includes reports, sketches, maps and models;
"development" means to carry out any building work, engineering, mining, industrial, or any other similar work at, above, at the top or under the land, make any material change concerning the use of any land or building or any part thereof, or to break the boundaries of or brings together our land; and "advancing" shall be construed accordingly;
"owner", in relation to any land or building, means — (a) the registered proprietor of the land;
(b) If, in the opinion of the local planning authority, the registered owner of the land is not detected, agents or trustees;
(c) if the registered owner of the land is dead, personal representative on the side of the law; or 12 laws of Malaysia ACT 172 (d) If none among those referred to in paragraph (a), (b) and (c) existed, people currently receive the rent of land or buildings, whether on behalf of yourself or as an agent or trustee for someone else or as a recipient, or who will receive the rent if the land or the building rented out;
"occupant", in respect of any land or building, including — (a) a tenant of the land or building;
(b) an owner of land or buildings that occupy or otherwise use the land or building;
(c) any person actually occupying the land or the building or who hold responsibility, manage, or control it, whether on his own behalf or as an agent of another person, but does not include passenger;
"The State Director", in relation to a State, means the Director of the Department of town and country planning for the State;
"use", in relation to any land, means any land use other than solely for storage or storage of materials and equipment proposed to be used in the construction or erection of a building on the ground, or merely as a place for temporary residential buildings for workers involved in the construction or erection of the building;
"tree preservation order" means a tree preservation order made under section 35A;
"Agriculture" includes farming, horticulture, cultivation of crops, fruit trees, vegetables, or trees, plants for use as animal food, dairy farming, breeding and preservation of livestock, fish, or the bees, and the use of land for the purpose of further on any of the activities or in any other agricultural activities; but does not include use of the land as a park to be used together with a building that is attached on the land; and "Agriculture" shall be construed accordingly;
Town and country planning 13 "local planning authorities", in respect of an area, shall be construed as provided in section 5 and, in respect of any land or building, means local planning authorities, such as defined, for areas in which the land or building is situated;
"local authority" means any City Council, municipal, Municipal Council, District Council, Town Council, Town Board, local councils, rural Board, or any such other authority established by or under any written law;
"national physical plan" means a physical plan covering Peninsular Malaysia prepared and approved under section 6B;
"development plan", in respect of an area, means — (a) local plan for the area; or (b) if there are no local plan for the area, the structure plan for the area, and, in respect of any land or building, means development plan, as defined in such a way, for the area in which the land or building is situated;
"structural plan", in respect of an area, means a structure plan for the area, and any variation of the plan, in force in that area in accordance with subsection 10 (6); and, in respect of any land or building, means the structure plan as defined in such a way, for the area in which the land or building is situated; and "the draft structure plan" shall be construed as required by the context;
"local plan", in respect of an area, means the local plan for the area, and any variation of the plan, which is currently in force in that area in accordance with subsection 15 (1); and, in respect of any land or building, means local plans, such as defined, for areas in which the land or building is situated; and "the draft local plan" shall be construed as required by the context;
14 laws of Malaysia ACT 172 "land" includes — (a) the surface of the Earth, and everything that became the Earth's surface;
(b) all things under the Earth's surface;
(c) all plants and other natural products, whether or not requires the use of labour periodically to its production, and either above or below the surface of the Earth;
(d) all objects, whether above or below the Earth's surface, which merged at the Earth or installed permanently on any thing that is attached on the Earth;
(e) land covered by water; and (f) any property or interest on, or right over, land;
"land" means land either besieged or not compiled programs or reserved for concerted wholly or partly as a public flower gardens, public parks, sports fields and public recreation, wind dining public public or walking as a public place.
(2) for the avoidance of doubt in determining, for the purposes of this Act, what was to be a material change of use of land, then determined that — (a) the use of land as a place for melonggokkan of rubbish or waste which is a material change of use of the land, even though the land is containing a site that is already used for that purpose, if an area of the surface or high pile that is thus increased materially;

(b) any use of land or the use of the part thereof which berlanggaran or inconsistent or contrary to any provisions of the development plan that is to involve a material change of use of the land.
Town and country planning 15 (3) for the avoidance of doubt in determining, for the purposes of this Act, what was to be a material change of use of a building, then determined that — (a) any additions on the number of units in a building more than the number of approved originally by any authority empowered under any written law which gives the approval was to involve a material change of use of the building;
(b) the use of a housing accommodation which is not originally built for human residence involves a material change of use of the building;
(c) any alteration or addition in part of the building, either next to or merged at the outside of the building, which is bordered by any ordinary line as defined by the path or defined in any law relating to building is a material change of use of the building;
(d) any use of a building or part thereof which berlanggaran or inconsistent or contrary to any provisions of the development plan was to involve a material change of use of the building;
(e) the use for other purposes a building or part thereof which was originally built as housing accommodation involves a material change of use of the building.
PART II The POLICIES And ADMINISTRATION Of National Physical Planning Council 2A. (1) a national physical planning Council shall be established consisting of — (a) a Chairman, namely Prime Minister;
(b) a Deputy Chairman, namely Deputy Prime Minister;
16 laws of Malaysia ACT 172 (c) the Minister;
(d) the Minister responsible for housing and local government, if he is not also the Minister in charge of the town and country planning;
(e) the Minister of finance;
(f) the Minister in charge of the land;
(g) the Menteri Besar or Chief Minister of every State;
(h) the Minister responsible for the Federal territory; and (i) not more than seven other members who shall be appointed by the Chairman.
(2) the functions of the national physical planning Council is — (a) to promote in the country, within the framework of the national policy, town and country planning as an effective and efficient tool for improve environment physically and towards the achievement of a sustainable development in the country;
(b) to advise the Federal Government or the Government of any State, on matters relating to town and country planning required under this Act; and (c) to perform any other functions conferred upon the Tribunal under this Act.
(3) the Council may from time to time gives the Director General of town and country planning directives in accordance with the provisions of this Act, and the Director General of town and country planning shall give effect to such directions.
(4) Council may perform any other functions incidental to or arising out of any function specified in subsection (2) and do all things necessary or expedient for carrying out its functions under this Act.
(5) the Council shall meet once every four months in a year and shall, in addition, meet if and when the Chairman called the meeting.
(6) the Council shall determine its own procedure.
Town and country planning 17 the Director General of town and country planning 2B. (1) a Director General of urban and rural planning should be some function is — (a) to carry out, promote and co-ordinate research in relation to any aspect of town and country planning;
(b) to publish reports, bulletins, statistics, monographs and other publications relating to town and country planning and perkaedahannya;
(c) to provide information and education to the public in respect of the town and country planning;
(d) to report to and advise the Council on matters relating to the use of the town and country planning in the conservation, use and development of land in the country and on any amendment as he thinks fit to any laws that affect the town and country planning and of any matters referred by the Council to it;
(e) to establish and maintain relationships and collaboration with each of the State authority in respect of the town and country planning.
(2) the Director General of the town and country planning shall be the Secretary to the Council.
The general planning policy 3. Subject to clause (5) and (6) of article 91 of the Constitution, the State authority shall be responsible for the general policy with respect to planning the development and use of land and buildings in every local authority in the State; and the State authority may, on or for the purpose of fulfilling its responsibilities under this section, from time to time provide general instructions to the Committee or any of the local planning authority in accordance with the provisions of this Act, and the Committee or the local planning authority shall give effect to such directions.
18 laws of Malaysia ACT 172 State Planning Committee and functions 4. (1) a State Planning Committee shall be established for a State comprising — (a) a Chairman, namely the Menteri Besar or Chief Minister of the State;
(b) a Deputy Chairman, a member of the Council of State, who shall be appointed by the State authority;
(ba) not more than three members shall be appointed by the State authority from among members of the Council of State, which at least one of whom shall be the Member who is responsible for and its portfolio relating to town and country planning in the State;
(c) State Secretary;
(d) the State Director, who shall be the Secretary of the Committee;
(e) the Director of lands and mines of the State;
(f) the State Economic Planning Unit Director or officer in charge of such Affairs in the State;
(g) the State Director of public works;
(h) legal adviser of the State;
(ha) State Financial Officer;
(hb) State development officer or officer in charge of such Affairs in the State;
(hc) State Department of environment Director or officer in charge of such Affairs in the State; and (i) not more than four other members who shall be appointed by the State authority.
(2) a member of the Committee appointed under paragraph (1) (b) or (i) shall, unless he resigned earlier or his appointment is revoked earlier, hold office for a period specified in the instrument of appointment but shall be eligible for reappointment.
Town and country planning 19 (3) a member of the Committee who is not a member of the public service may be paid such allowance as approved by the State authority.
(4) the functions of the Committee shall be — (a) to promote the State, within the framework of the national policy, conservation, use and development of land within the State;
(aa) regulating, controlling, planning and coordinating all development activities in the country;
(b) to advise the State Government, either by his own efforts force or as a response to the request of the State Government, on matters relating to the conservation, use and development of land within the State; and (c) to operate, assist and promote the collection, maintenance, and publication of statistics, bulletins, and monographs, and other broadcasting relating to town and country planning and perkaedahannya.
(5) the Committee may from time to time give directions to any local planning authorities in accordance with the provisions of this Act, and the local planning authority shall give effect to such directions.
(6) the Committee may perform any other functions as being in addition to, incidental to, or arising out of any function specified in subsection (4) and to do all things necessary or expedient for carrying out its functions under this Act.
(7) the Committee may direct that held an inquiry or hearing local on or for the purpose of exercising any of its functions under this Act.
(8) the Director of town and country planning of the State shall be the principal adviser to the Committee in respect of matters relating to town and country planning and, as the Secretary of the Committee, shall be responsible for carrying out the decisions and implementation of the policies Committee; and in or for the purposes of fulfilling its functions under this subsection, he may use the financial resources, human and other resources of his Department.
20 laws of Malaysia ACT 172 local planning authorities * 5. (1) every local authority shall be the local planning authority for the local authority area.
* * (2) for any area in the State that is not a part of any of the local authorities, the State Director shall be the local planning authorities, and a reference to "local planning authorities" in this Act shall be deemed to include the State Director when the Director to perform any local planning authorities in relation to the area.

(3) (Cut by the Act A1129).
(4) a local planning authority shall provide to the Committee any statements and information relating to its activities as required by the Committee from time to time.
The function of the local planning authority 6. (1) the functions of a local planning authority is — (a) to regulate, control, and planning the development and use of land and buildings in the area;
(b) to farm, assist and promote the collection, maintenance, and publication of statistics, bulletins, and monographs, and other broadcasting relating to town and country planning and perkaedahannya; and (c) to perform such other functions as may be delegated to it from time to time by the State authority or by the Committee.
* NOTE — This section of the Act Amended through A1129 notwithstanding any pending application for planning permission in respect of a development or any appeal against the refusal of the local planning authority to grant planning permission or against any condition imposed under subsection 22 (3) of this Act — see section 38 of the Act A1129.
** The ENTRIES — this subsection shall not apply to the State of Kelantan and Terengganu – see Kn. P.U. 34/2003 and Tr. G.N. 54/2003.
Town and country planning 21 (2) a local planning authorities may perform any other functions as being in addition to, incidental to, or arising out of any function specified in subsection (1) and to do all things necessary or expedient for carrying out its functions under this Act.
PART IIA REGIONAL PLANNING COMMITTEE * 6A regional planning Committee. (1) the Council may from time to time, after consultation with the State authority concerned, to establish a regional planning committee consisting of an area located within the two States or more.
(2) for the purposes of subsection (1), the Minister shall cause to be the fact the establishment of a regional planning Committee published in the Gazette together with the mark with her border region for which the Committee has been set up can be identified.
(3) Regional Planning Committee shall consist of — (a) a Chairman, appointed by the Prime Minister;
(b) six people representing the Federal Government, at least four of whom shall be a public officer, appointed by the Minister;
(c) not more than four persons representing the Government of every State in the region, who are appointed by the State authority, one of whom shall be the State Director; and (d) the President of each local planning authorities in the territory if the authority is the local authority.
(4) a Secretary for regional planning Committee who shall be appointed by the Director General of the town and country planning.
* NOTE — This section shall not apply to the State – see Tr. G.N. 54/2003.
22 laws of Malaysia ACT 172 (5) function regional planning Committee is — (a) to advise and assist the State Planning Committee and local planning authorities in the region on the development plan for the territory, in accordance with national policies;
(b) to make policy and formulate a comprehensive regional plan to steer and coordinate the development of the territory;
(c) to plan and coordinate the provision of infrastructure and facilities for the territory;
(d) to establish uniform processes and procedures to be used by the Federal Government and the State Government and the local authorities concerned for the region;
(e) to monitor the implementation of standards, guidelines and procedures in facilitating the development of the territory; and (f) to carry out the research necessary for the planning of the territory.
(6) Regional Planning Committee shall give the Council or Committee of any statements, reports and information relating to its activities as required by the Council or the Committee from time to time.
(7) Regional Planning Committee shall determine its own procedure.
E.COLI DIVISION NATIONAL PHYSICAL PLAN national physical plan 6B. (1) the Director General of the town and country planning shall, when directed by the Council, prepare and submit a draft national physical plan covering Peninsular Malaysia to the Council for its approval.
(2) the draft national physical plan shall — (a) a written statement that the formulation of strategic policy for the purpose of determining the direction and general physical development trends for the country;
Town and country planning 23 (b) accompanied by such plans guidance as may be necessary to clarify the strategic policy; and (c) contain the other matters as may be prescribed or as may be determined by the Council in any specific case.
(3) when preparing the draft national physical plan and determine the content to be submitted to the Council, the Director General of town and country planning shall consider the policy of urbanization the country during or other similar policies and shall consult with every State authority and any authority or other bodies as directed by the Council.
(4) national physical plan shall be reviewed every five years in line with the review of the national five-year Development Plan, or as and when directed by the Council.
(5) it is the general duty of the Federal Government and the Government of every State to assist in ensuring that the goal of the national physical plan accomplished.
(6) the Director General of town and country planning must provide a report to the Council at regular intervals on the implementation of national physical plan, or if and when directed by the Council.
PART III DEVELOPMENT PLAN Review area planning 7. (1) the State Director shall, to the extent that he has not done so, start a poll on the State, checking things expected may affect the development, or development planning, the State, and shall not in any circumstances always review all that matter.
(2) Notwithstanding the State Director has performed his duties under subsection (1), he may, if he thinks fit, and shall, if directed to do so by the Council or the Committee, began a new review of the entire State, examine the matters referred to in that subsection.
24 laws of Malaysia ACT 172 (3) without prejudice to the generality of subsection (1) and (2), item to be inspected and reviewed under that subsection shall include — (a) the main features of the physical, economic, environmental, and social indicators, including the use of land, the main State and, as far as the key features that might be expected to affect the area neighbouring the State;
(aa) national physical plan and the country's main policies regarding economic, social, physical and management and other environmental conservation;
(b) the number, the composition, and population distribution of the State, whether residing or not;
(c) Notwithstanding paragraph (a), communications, transport system, and traffic in the State and, as far as communication, transportation, and traffic that may is expected to touch on the State;
(d) any other matter not referred to in any of paragraphs previously may be expected to be touching any matter referred to in any of the previous paragraph;
(e) other matters not specified or determined by Council or Committee in any case; and (f) any changes that had been planned in any matter referred to in any of paragraphs earlier and the impact that may occur over development, or development planning, the State.
(4) the State Director shall, for the purposes of fulfilling its functions under this section, consult with the Director of the State of any other State on matters relating to other States that are expected to touch on the development or planning development of the State in respect of a review initiated under this section.
(5) Subsection (1) shall, in respect of any period of this section have effect in a part only in the State, be construed as requiring the Director initiates a poll above, and constant review, things touching that part only in that State; and subsection (2) shall, whether or not this section into effect as town and country planning 25 power across the State, have effect as if the powers conferred that includes authority to the Director to begin, and to the Council or Committee ordered him to begin, a new survey on a State that's it Division; and the reference in subsection (3) to the State or to the neighbouring area shall be construed accordingly.
Preparation of draft structure plan 8. (1) the State Director shall, within the period determined by the Council or the Committee, prepare and submit to the Committee a report Outlook under section 7 and at the same time prepare and submit a draft structure plan pursuant to subsection (3) for the State to the Committee for its approval.
(2) the report shall include an estimate of any changes that may occur, within the period determined by the Council or the Committee, in the matters referred to in subsection 7 (3); and a different period may be determined in relation to the different things.
(3) the draft structure plan for the State that was a written statement —

(a) formulating general policies and proposed that State Authorities with regard to the development and use of land in the State, including measures to improve living environment physically, improve relationships, manage traffic, improve socio-economic well-being and promote economic growth, and to facilitate sustainable development;
(b) stating the proposed relationship with general recommendations for the development and use of land in neighbouring areas that might be expected to touch on that area; and (c) containing other matters as may be prescribed or as may be determined by the Council or Committee in any case.
26 laws of Malaysia ACT 172 (4) in the formulation of policies and the general recommendations under paragraph (3) (a), the State Director shall ensure that the policies and proposals are affordable to the revenue Outlook under section 7 and any other information that may be considered, and should pay attention — (a) the current policy with respect to planning and social and economic development and environmental protection of the State and the nation;
(b) to resources that may be available for carrying out the proposed plan of the structure; and (c) to other matters which he directed by Council or Committee to take into consideration.
(5) (Cut by the Act A1129).
(6) a draft structure plan for an area shall contain or be accompanied by diagrams, description, and description that the Director considers appropriate for the purpose of explaining or State describes the recommendations in the plan, or set, or in any particular case specified in the instructions given by the Council or the Committee; and diagrams, description, and description shall be deemed to be part of the plan.
(7) at any time before the Committee approved under section 10 a structure plan in respect of the whole of the State, the State Director may, with the consent of the Committee, and shall, if directed by him, prepare and submit to the Committee to get his approval a draft structure plan relating to part of the area; and if the Committee gave permission or instructions for the preparation of a draft structure plan for part of the area, a reference in this part to the area shall, in relation to a draft structure plan, be construed as including a reference to part of the area.
Town and country planning 27 Publicity related to the preparation of the draft structure plan 9. (1) when preparing the draft structure plan for the State and finally determine the content to be presented to the Committee, the State Director shall take measures which in its opinion will ensure that — (a) that the publicity given in the State to report under review under section 7 and the dicadangkannya thing to be included in the plan; and (b) that the person might be expected to want to get the opportunity to make representations to the Director with respect to that matter realizing that they are entitled to, and given, the opportunity to do so, and the State Director shall consider every representation made to him within the period specified.
(2) as soon as reasonably practicable after a draft structure plan submitted to the Committee, the State Director shall — (a) publish, in three output of at least two local newspapers, one of which in the national language, a notice stating that copies of the plans are available for inspection in the Office of the Director of the State and elsewhere that may specify and time that objection to the plan can be made to the Committee; and (b) provide a copy of the plan for inspection in the place specified in the notice; and each copy shall be accompanied with a statement about time, as may be specified in the notice, which object to the plan can be made to the Committee.
(3) the time object to the draft plan of the structure may be made shall be not less than one month from the date of the notice issued under paragraph (2) (a) in a local newspaper in the national language, and any time specified in the notice can be extended once by the State Director for not more than one month for the benefit of any specific person.
28 laws of Malaysia ACT 172 (4) a draft structure plan submitted by State Director to the Committee to get his approval shall be accompanied with a statement containing the particulars, if any, prescribed — (a) on the steps taken by the State Director to comply with subsection (1); and (b) on consultation with the State Director, and its consideration on views, others with respect to things that are included, or that was originally intended to be included, in the plan.
(5) where, after considering a statement submitted with, and things which are included in the structure plan, drafts and any other information provided by the Director of Home Affairs, the Committee is satisfied that the purpose of paragraph (1) (a) and (b) have adequately achieved through measures taken by the Director pursuant to paragraph, it shall continue to consider whether to approve the draft structure plan; and if he is not so satisfied, it shall return the plan to the State Director and ordered him to so that — (a) take further action determined by the Committee to achieve that purpose better; and (b) after you do so, submit the plans with any modifications, if any, as he thinks fit at that time by the Director of the State and, if so required by the command, do so within the period specified, but the Committee can't return the plan or give directions that if was due three months since State Director submit the plan to the Committee.
(6) if the Committee returned the draft structure plan to the Director under subsection (5), it shall notify the State Director will cause it to do so and, if any person has made any objection to the Committee against the plan, it shall also inform the person that he has returned the plan.
Town and country planning 29 (7) if the State Director given instructions by the Committee under subsection (5), he shall withdraw immediately a copy of the plan is available for inspection as required by subsection (2) and he shall publish the fact of withdrawal of the three releases of at least two local newspapers, one of which is in the national language.
(8) subsection (2) to (7) shall apply, with the necessary modifications, in respect of the draft structure plan and submitted it to the Committee in accordance with the instructions given by him under subsection (5) as that subsection applies in respect of the plan as submitted originally.
The approval or rejection of the draft structure plan by the Committee 10. (1) the Committee may, after considering a draft structure plan submitted or presented again him, either approves it, whole or in part and with or without modifications or conditions, or reject it.
(2) in considering the draft structure plan, the Committee may take into account any matter which it considers relevant, whether or not it has been taken into account in the plans as submitted or presented it back to him.
(3) If, at the time of considering the draft structure plan, the Committee shall not decide to reject it, it shall, before deciding whether to approves it or not — (a) consider any objections to the plan, as far as the objection is made in accordance with rules made under section 17;
(b) give to the person who bantahannya so made shall be forfeited, the opportunity to appear before, and heard by a Sub-Committee appointed by the Committee, and which consists of four members one of whom shall be appointed as Chairman of the Sub-Committee; and 30 laws of Malaysia ACT 172 (c) If a local investigation or other hearing held, giving also the same opportunities to the State Director and to others as the Committee may think fit.
(4) without prejudice to subsection (3), in considering a draft structure plan Committee — (a) shall consult with the Council for instructions and his counsel; and (b) may consult with, or considering the view, any other authority or any other person but not liable to consult with, or considering the view, any other authority or any other person or, except as provided by that subsection, giving you the opportunity to make any objections or representations, or direct that an inquiry be held locally or other hearing.
(5) If no Committee or was neglecting to approve or reject a draft structure plan within six months after it is submitted to it, the State Director can refer the draft structure plan to the Council to make a decision about it.

(6) after approving the draft structure plan, the Committee shall submit to the State authority to get the agreement of the State authorities for the plan, and after the approval is given, the plan shall become effective.
(7) the Committee shall cause to the fact the agreement of the State authorities for a draft structure plan published in the State Gazette and at least in two local newspapers, one of which in the national language, along with a sign on it, the plan identified and a statement on the plan may be inspected.
Review or variation of structure plan 11. (1) a structural plan that has come into operation shall be subject to review every five years in line with the preparation of the five-year development plan, State and review shall be in relation to the rest of the State.
31 town and country planning (2) Notwithstanding subsection (1), after a structure plan for a State has come into force, the Director may submit to the Committee and shall, if directed by the Committee, submit to it, within a period specified in the directive, a proposal for revision or alteration to the plan which in the mind State Director expedient or as directed by the Committee , as the case may be, and the proposal may be in relation to the whole or part of the State.
The structure plan review procedures 11A. If it is determined under section 11 that a systematic review of the structure plan for a State to be held, the State Director shall submit to the Committee a report on its findings regarding matters under section 7 together with any other information to which the proposal was founded, and sections 9 and 10 shall apply, with the necessary modifications, in respect of the proposal as that section applies in relation to the structure plan.
Procedures for variation of structure plan 11B. (1) if it is determined under section 11 that an alteration will be made to the structure plan for the State, the State Director shall prepare and submit to the Committee a proposal for the variation.
(2) in formulating recommendations for the variation, the State Director shall give attention to any matters directed by the Council or the Committee.
(3) the State Director shall submit the structure plan containing the proposed alteration to the Committee and at the same time publish a notice in at least two local newspapers, one of which in the national language, stating that copies of the plans are available for public inspection and objections can be made within one month from the date of publication.
32 laws of Malaysia ACT 172 (4) the Committee shall appoint a Subcommittee consisting of four members, one of whom shall be appointed as Chairman of the Subcommittee, and a Sub-Committee shall hear every objection made in accordance with rules made under section 17.
(5) the Committee shall then consider the proposed variation to the structure plan and either approves it, in whole or in part and with or without modification, or reject it.
(6) the Committee shall submit a modified structure plan has been approved to the State authority for the agreement of the State authorities about the plan, and when consent is given, the modified structure plan shall become effective.
(7) the Committee shall cause the fact the agreement of the State authorities about the modified structure of the plan published in the State Gazette.
Preparation of draft local plan 12. (1) local planning authorities, while a draft structure plan are provided, or before the State authorities concur on a draft structure plan provided, may, if it thinks fit, to prepare a draft local plan for any part of the area.
(2) If a structure plan for the State has been in force, the local planning authority shall as soon as practicable provide a draft local plan for the whole area.
(3) a draft local plan shall include a map and a statement in writing and shall — (a) the formulation, which contains any details deemed suitable by local planning authorities about his idea for — (i) advancing;
Town and country planning 33 (ii) using the land;
(iii) to protect and improve the environment for physically;
(iv) safeguard the natural topography;
(v) improve landscaping;
(vi) preserve and plant a tree in;
(vii) to land in;
(viii) preserving and beautifying features and appearance of the buildings;
(ix) improve communication system in; and (x) to handle traffic in the local plan; and (b) contains matter prescribed or determined by the Committee in any case specific.
(4) a draft local plan for an area shall contain, or accompanied by, diagrams, description, and description that he thinks fit by local planning authorities for the purpose of explaining or describing the recommendations in the plan, or set by the Committee, or in any particular case specified in the instructions given by the Committee; and diagrams, description, and description shall be deemed to be part of the plan.
(5) (Cut by the Act A1129).
(6) without prejudice to the preceding provisions of this section, the local planning authority shall, if the Committee gives it instructions for that purpose in respect of the part of the local planning authority for which a draft structure plan has been, or is being provided, with as soon as practicable provide for that part a draft local plan of the type specified in the instruction.
(7) the instructions under subsection (6) may be granted by the Committee either before or after the draft structure plan is to take effect.
34 the laws of Malaysia ACT 172 (8) in formulating its proposal in a draft local plan, local planning authorities should ensure that the suggestions in General according to the structure plan for the State as their condition at the moment, whether it was effective or not, and shall give due attention to such information and other considerations, which in its opinion are related, or set the Committee, or in any particular case direct it take into account.
(9) before giving any direction under subsection (8) to a local planning authority, the Committee shall consult with the local planning authorities on the proposed directive.
Publicity relating to the preparation of the draft local plan 12A. Before embarking on the preparation of a local plan, local planning authorities shall take such steps as in its opinion will ensure that — (a) that the publicity given in the area of the draft local plan that will be provided, its goal and purpose for penyediaannya, and things that local planning authorities plan to put it in the plan;
(b) that the person might be expected to want to get the opportunity to make representations to the local planning authority in respect of the matter are aware that they are entitled to, and given, the opportunity to do so.
Publicity in connexion with the draft local plan 13. (1) when a local planning authorities have prepared the draft local plan, it shall, before receiving their initial application under subsection 15 (1), but not before the structure plan, to the extent it is applicable to the area of the draft local plan that, in effect, subject to subsection (2), provide a copy of the draft local plan for inspection in his Office and elsewhere which may specify; and every copy available for inspection shall be accompanied with a statement about time, as set out in the notice published under subsection (2), the objections to or representations in respect of the draft local plan that can be made to the local planning authority.
Town and country planning 35 (2) before preparing a copy of the draft local plan for inspection under subsection (1), the local planning authority shall publish, in three output of at least two local newspapers, one of which in the national language, a notice indicating the date a copy of the draft local plan will start available for inspection, a place where it will be available for inspection and , which shall not be less than four weeks from the date a copy of the draft local plan available for public inspection, the objections to or representations in respect of the draft local plan that can be made to the local planning authority.
(3) the time specified in the notice under subsection (2) for making objections to or representations in respect of the draft local plan can be extended once by the local planning authority for a period of not more than four weeks upon the application of any person.
Investigation and hearing in respect of the draft local plan

14. (1) For the purpose of considering objections to and representation in respect of a draft local plans, local planning authorities may direct that an inquiry or other hearing held by a Committee consisting of three members appointed by the State Planning Committee.
(2) the State authority may by rules — (a) to make provision in respect of the appointment and qualification for the appointment of persons to conduct local investigations or other hearing under subsection (1);
(b) provide in respect of remuneration and allowance of the person appointed to conduct an investigation or hearing under that subsection.
The approval or rejection of the draft local plan 15. (1) after the expiry of the period given to make objections to or representations in respect of the draft local plan or, if objection or representations that have been made accordingly in that period, after considering the 36 laws of Malaysia ACT 172 objection or representations in this regard, the local planning authority shall submit the draft local plan or the local plan draft as modified with a view to taking into account the objection or representation or any matter arising therefrom , to the Committee for its approval.
(1A) the Committee may, after considering a draft local plan submitted to him, either approves it, in whole or in part and with or without modification, or reject it.
(1B) in considering the draft local plan, the Committee may take into account any matter which it considers relevant, whether or not the matter has been taken into account in the plans as submitted or presented it back to him.
(1 c) the Committee shall submit the draft local plan approved to the State authority for the agreement of the State authorities, and when consent is given, the plan shall become effective.
(2) (Cut by the Act A1129).
(3) (Cut by the Act A1129).
(4) the local planning authority shall direct that the fact the agreement of the State authorities on the draft local plan published in the State Gazette and in at least two local newspapers, one of which in the national language, along with a sign on it, the plan can be identified and with a statement of the place where the plan may be inspected.
(5) local plan shall meet the structure plan but if at any time after a local plan has been in force there are differences in provision between local plans with the structure plan for the State, and the Committee is satisfied that this was due to the State structure plan was outdated, the Committee shall refer the difference to the State authority for its decision.
Town and country planning 37 (6) if the State authority is satisfied that the difference is indeed due to the State structure plan was outdated, the State authority shall, by notification in the Gazette of the State, declared that the local plan shall prevail over the structure plan in relation to the provisions in question.
Alteration, cancellation and replacement local plan 16. (1) local planning authorities may at any time, make a proposal for the alteration, deletion, or replacement of a local plan.
(2) without prejudice to subsection (1), the local planning authority shall, if the Committee gives it instructions for that purpose in respect of a local plan, as soon as that can be provided of the types specified in the directive, i.e. proposals for alteration, deletion, or replacement of the plan.
(3) Subsection 12 (8) and (9), and sections 13, 14 and 15, shall apply in relation to the making of proposals for alteration, deletion, or replacement of a local plan under this section and in respect of any alteration, deletion or replacement of the plan the following, as they apply in relation to the preparation of the draft local plan under section 12 and in respect of the draft local plan provided thereunder.
Preparation, etc., local plan by State Director 16A. (1) if the Committee is satisfied that the local planning authorities have not taken steps to set up a local plan or proposal for the alteration, deletion or replacement of a local plan, the Committee may instruct the State Director submits the proposal and or expenses incurred in connection with the provision that shall be paid by the local planning authority to the State Director.
(2) sections 12, 13, 14, 15 and 16 shall apply with respect to the preparation of a local plan or manufacturing proposals for alteration, deletion or replacement of a local plan under this section.
38 the laws of Malaysia ACT 172 special area plan 16B. (1) if at any time during preparation or when start the currency of a structure plan or local plan, the State Director or the local planning authority, on the force of its own efforts or as directed by the Committee, shall submit to the Committee a proposal for the appointment of a special area for special treatment and detailed manner the advancement, development, pengelokan, conservation or management practices, or partly with a method and partly with other methods , for the whole or part of the special area, and type of processing of the proposal.
(2) for the purposes of subsection (1), the Committee shall determine whether the State Director or local planning authorities who are responsible for the preparation of a plan for the special area.
(3) for the purposes of subsection (2), plans for a special area shall be prepared in the same way as the preparation of the local plan, but must be included in the detailed plan for the implementation of guidelines and management, and the plan shall have effect as a local plan.
Power to make rules 17. The State authority may make rules to carry out the purposes of this part better or to fix any possible, or desired, determined under this section.
PART IV of the land use PLANNING CONTROL and building 18. (1) No person shall use or permit the use of any land or building except in accordance with the local plan.
Town and country planning 39 (2) subsection (1) does not apply to the use of land or building for the purpose described in paragraph 19 (2) (d).
(3) subsection (1) Notwithstanding the extension of the use of any land or building for the purpose of and to the extent it was used legally before the date of a local plan come into operation in the area concerned or, if there is a change in the local plan or in a local plan, the date of the change is to take effect.
Prohibition against unauthorized development planning 19. (1) No person shall, in addition to local authorities, can start, operate, or conduct any development unless planning permission in respect of the development was given to him under section 22 or extended under subsection 24 (3).
(2) Notwithstanding subsection (1), planning permission is not necessary — (a) for the conduct of any work necessary for the maintenance, pengelokan, or any other variation of a building, that is work that touches only the building and interiors that are not — (i) involve any change of use of the building or land to which the buildings were merged;
(ii) materially affect the appearance on the outside of the building;
(iii) involve any additional height or spacious building floor;
(iv) involve any additional or alteration to a building touches or is likely to affect the arrangement of drainage, sanitation, or its strength; or (v) violate, or engaging in or result in inconsistency with, any of the provisions in the local plan;
40 laws of Malaysia ACT 172 (b) for the conduct of any authority established by law to make available the facility any work for the purposes of installing, checking, improving, or renew any drains, sewers, mains, pipes, cables, or other apparatus, or for the purpose of maintaining or improving roads, including breaking any road or land for that purpose;
(c) for any excavations, including excavations wells or to the well, made in the course of normal operation of agriculture in the area is zoned for agriculture;
(d) for the use of any land or building for a period not exceeding one month or the period of further approved by the local planning authority for the purposes of — (i) a cinema, theatre, or temporary shows or move;
(ii) an amusement park, a temporary exhibition or Festival ria; or (iii) a ceremonial or greatness while patterned religion, social or another, and for any development need to produce the usage;
(e) for the construction or erection upon any land temporary building to accommodate the workers involved in the construction or erection of a building on the ground, for which planning permission has been granted for;

(f) for the use of any land or building in the compound of a housing accommodation for any purpose incidental to enjoy housing accommodation such that; or (g) for the manufacture of any change materially to the use of land or buildings designated by the State authorities as a material change which permission to plan is not necessary.
Town and country planning 41 Prohibition against development contrary to planning permission 20. No person shall start, operate, or conduct any development other than in accordance with the planning permission granted to it under section 22 in respect of the development or conditions of the planning permission.
Duty to consult 20A. Be the duty of every department or agency of the Federal Government and the State Government to consult the Committee on any development activities that it intends to run in the State.
Planning applications 21. (1) an application for planning permission in respect of a development shall be made to the local planning authority and shall be in such form and shall contain the particulars and accompanied with documents, plans, and fees may be prescribed.
(2) if the applicant is not the owner of the land on it development to be carried out, the written consent of the owner of the land on the proposed development shall be obtained and recorded in the application.
(3) if the development involves the erection of a building, local planning authorities can give instruction to the applicants in respect of any of the following matters, that is to say — (a) the level of the building site;
(b) the front lines with the neighbouring building;
(c) upgrading of the building;
(d) class, design, and the appearance of the building;
(e) the rear of the building to a building line;
(f) the entrance to the land above it the building will be erected; and the 42 laws of Malaysia ACT 172 (g) any other matter deemed necessary by the local planning authority for the purpose of planning.
(4) the applicant given any direction in writing under subsection (3) shall amend the plans submitted with the application accordingly and submit the plan within the period or extended period as determined by the local planning authority.
(5) If the plan is not submitted in the specified period or the extended period, planning applications shall be deemed to have been withdrawn, but the applicant may submit a new application.
(6) if the proposed development is located in an area in respect of which there is no local plans for the time being, then, upon receipt of an application for planning permission, or, if the directions have been given under subsection (3), having complied with the directive, the local planning authority shall, by notice in writing served upon the owner of the neighbouring land, tell them to be their right to object to the application and to state the reasons for their objections within twenty-one days from the date of the notice It's served.
(7) if any objection received pursuant to subsection (6), the local planning authority shall, within thirty days after the expiration of the period of objection can be made, listen to — (a) the applicant for the planning permission; and (b) any person who has entered an objection pursuant to subsection (6) and that, in the submission of the objection, has requested a hearing.
(8) in this section, "neighboring land" means — (a) the land adjoining the land in relation to an application under this section;
(b) land separated from the land in relation to an application made under this section by any roads, lanes, drainage or soil reserves its width does not exceed 20 metres and the town and country planning are 43 borders the land relating to the application for the separated by streets, lanes, drains or the reserve;
(c) land located within 200 metres from boundaries in relation to an application under this section if the entrance to the land relating to the application is dead which is used by the land owner and land owner in relation to the application.
Development proposal report 21A. (1) in addition to the documents and the plan are required to be submitted under subsection 21 (1) to planning permission, the applicant shall submit a development proposal report which shall contain the following: (a) development concept and justification;
(b) location map and site plan;
(c) details of the ownership of land and restrictions, if any;
(d) (i) land descriptions including environmental physical, topography, landscape, geology, contour, drainage, water and catchment water and natural shapes on it;
(ii) a review of the trees and all kinds of growing plants; and (iii) details of the buildings, which were touched by the development;
(e) analysis of land use and its impact on the land borders;
(f) layout plan containing the particulars specified in section 21B; and (g) any other matter prescribed by the local planning authority.
(1A) the State authority may determine 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 of the area that became a matter of the application for planning permission.
44 the laws of Malaysia ACT 172 (2) the State authority may, by rules, exclude any development or class, type or category development of produce — (a) a development proposal report under subsection (1); or (b) a development proposal report containing any of the matters specified in paragraph (1) (a) to (g).
The layout plan 21B. (1) the layout plan under paragraph 21A (1) (f) shall indicate the proposed development and in particular — (a) if the development in respect of any land — (i) measures to protect and improve the surrounding physical environment;
(ii) measures to preserve their natural topography;
(iii) measures to improve lanskapnya;
(iv) measures to preserve and plant a tree on it;
(v) site and tree species exceed 0.8 metres in circumference and other plants on it;
(vi) procurement land;
(vii) the proposed earthworks, if any; and (viii) of the description of the work to be carried out;
(b) where the improvement in respect of a building that has its own architectural or historical significance, details to identify buildings that includes the number and circumstances, as well as features, appearance, construction and its distinctive and measures to protect, keep them and mengindahkannya; and (c) if the development involves the building, details of the features and look of buildings located in the surrounding areas.
Town and country planning 45 (2) local planning authorities can provide instructions to applicants for planning permission in respect of matters related layouts aturnya as may be deemed necessary by the local planning authority.
(3) an applicant who has been given directions under subsection (2) shall amend the layouts aturnya accordingly, and submit the layout plan within such period or extended period as determined by the local planning authority.
(4) If the layout plan is not submitted within the period or extended period determined, planning applications shall be deemed to have been withdrawn, but the applicant may submit a new application.
The preparation of the plan, etc., by a qualified 21C. All plans, details, layout plan and other documents that are required to be submitted under this Act shall be prepared by — (a) any person to the test prescribed under paragraph 58 (2) (h); or (b) any person entitled to do so under any other written law.
Service of application 22. (1) as soon as possible upon receipt of an application for planning permission, or, if the application is an application to which subsection 21 (6) applies, as soon as possible after the expiration of the period of objection can be made or, if objection is made, as soon as possible after the protests are managed under subsection 21 (7), the local planning authority shall make a decision on the application for planning permission.
46 laws of Malaysia ACT 172 (2) in dealing with an application for planning permission, the local planning authority shall give consideration to any matter which in his opinion it is expedient or necessary to plan properly and in particular — (a) the provisions of the development plan, if any;
(aa) the instructions given by the Committee, if any;
(b) provisions which in his opinion is likely to be made in any development plan which is being provided or to be provided, or suggestions relating to that provision;
(ba) the provision of sewerage services Act 1993 [Act 508];
(bb) the reports of the development proposal; and (c) the objection, if any, made under section 21.
* (2A) if the applications submitted under this section — (a) the development of a new township for residents of more than ten thousand, or covering an area of one hundred hectares, or both;

(b) a development for the construction of any major infrastructure or facilities; or (c) a development involving top or hillside, in areas designated as environmentally sensitive area in a development plan, the Committee shall request from the Council of his counsel in respect of the application submitted.
† (2B) for the purposes of subsection (2A), development for the construction of major infrastructure or facilities shall include — (a) the national infrastructure works such as airports, sea ports, railways and highways; and (b) works of convenience countries, such as the establishment of dams, power stations and main toxic waste disposal site.
* NOTE — this subsection shall not apply to the State – see Tr. G.N. 54/2003.
Town and country planning 47 (3) after considering the matters specified in subsection (2) that, local planning authorities may, subject to subsection (4), grant planning permission either absolutely or subject to conditions as he thinks fit to impose, or refuses to give planning permission.
(4) local planning authorities cannot give planning permission if — (a) development in respect of which the authorization is requested are berlanggaran with any of the provisions of the development plan;
(aa) development in respect of which the authorization applied for will be berlanggaran with the provisions of paragraph (2) (aa); or (b) an applicant for planning permission that has not been paying the development charge payable in respect of the development or has not got the permission of the local planning authority under subsection 34 (1) to pay development charge by instalments.
(5) a condition imposed under subsection (3) may include any or all of the following conditions, namely, conditions — (a) that gives the impression that planning permission granted in respect of any changes regarding the use of the land or building is only for a limited period and that, after the expiry of that period, the use of the land or the building as permitted by the planning permission shall cease and the land or building shall be returned to original use;
(b) to regulate — (i) the development and use of any other lands under the control of the applicant with adjoining land in respect of which the planning permission granted; and (ii) as local planning authorities found expedient for development in respect of which the given planning permission, work can be carried out on any other land and the manner and extent of the work to be carried out;
48 laws of Malaysia ACT 172 (c) to ensure that land development is made in accordance with the layout plan approved;
(d) prohibiting the Act of damaging the land, environmental physical, natural topography and lanskapnya;
(e) prohibit the destruction or alteration of any form of natural land;
(f) prohibiting tree felling of the size, age, type or certain species at any particular location, unless it is done in compliance with any law;
(g) to ensure that the planting or replanting of size, age, type or certain species at any particular location is in such manner as may be determined by local planning authorities;
(h) to ensure that the land is held in accordance with the layout plan approved;
(i) if the development involves the erection of a new building, or the establishment or expansion of a building or part thereof, the requirements to ensure that the new building is compatible with the architecture, features or appearance represented in buildings located in the surrounding area, which local planning authorities intend to protect, maintain or beautification;
(j) if the development involves any addition to or alteration of an existing building having its own architectural or historical significance, conditions to ensure the façade and other external features of the building is preserved; and (k) if the development involves the erection of a building that has its own architectural or historical significance or perobohannya and erection of a new building in its place, the requirements to ensure that the face of the building and other external features of demolished buildings that preserved.
(5A) be the duty of local planning authorities to ensure that the tree preservation order, if any, have been complied with, if planning permission is given.
Town and country planning 49 (6) if planning permission is given, either with or without conditions, it shall be communicated to the pemohonnya in the prescribed form and at the time also a notice of the grant of such permission shall be given to any person who has made any objection pursuant to subsection 21 (6).
Appeal against the decision of the local planning authority 23. (1) an appeal against the decision of the local planning authority made under subsection 22 (3) shall be made to the Appeal Board within one month from the date the decision was submitted to it, by — (a) an applicant for planning permission were aggrieved by the decision of the local planning authorities who refused to give planning permission or by any conditions imposed by the local planning authority in granting planning permission it; and (b) a person who has made an objection pursuant to subsection 21 (6) and aggrieved by the decision of the local planning authority in relation to bantahannya.
(2) in considering an appeal, the Appeal Board shall hear the appeal and the local planning authorities.
(3) after hearing the appeal, the Appeal Board may make an order: (a) confirm the decision of the local planning authority and rejected the appeal;
(b) allow the appeal with direct local planning authorities give planning permission absolutely or subject to such conditions as it deems fit by the Appeal Board;
(c) allow the appeal to waive any planning permission that has been granted; or (d) allowing the appeal with direct local planning authorities that delete or modify any provision to it planning permission has been granted or the current terms with any other conditions as it thinks fit by the Board of appeal.
50 laws of Malaysia ACT 172 lapse of 24 planning permission. (1) a planning permission granted under subsection 22 (3) shall, unless extended, the expiration of twelve months after the date it is given if, in that time, development not started in a determined in the planning permission.
(2) subsection (1) shall not apply for a planning permission stating expressly that development for which planning permission is given does not involve any work on site.
(3) on an application made in the prescribed prior to the expiry of the planning permission to extend or further extend the period of planning permission, the local planning authority may, on payment of the prescribed fee, grant an extension or extensions in addition to the planning permission.
(4) a planning permission were extended under subsection (3) shall, unless extended again, the expiration of twelve months after the date of the extended, if during that time, development not started in a determined in the planning permission.
(5) in granting an extension or extensions in addition to the planning permission under subsection (3), local planning authorities may impose such conditions as it deems fit by it on the planning permission or vary the conditions imposed on the original; and section 23 shall apply with the necessary modifications to the imposition or variation of conditions under this section as they apply to the imposition of conditions under subsection 22 (3).
Cancellation and modification of the planning permission and building plan approvals for 25. (1) if found by local planning authorities for the sake of public interest that a planning permission granted under subsection 22 (3) or a building plan approvals granted under any law of local government which earlier revoked or modified, town and country planning 51 local planning authorities may order the permission or approval revoked or modified to the extent that it considers necessary.
(2) no cancellation or modification under subsection (1) may take effect until confirmed by the Committee.
(3) an order of revocation of a planning permission or a building plan approval shall state the period within which those to whom the permission or approval required to demolish any buildings according to the permission or approval and the maximum amount of local planning authority is ready to refund to such person in respect of the costs incurred by such person in the exercise of the demolition.
(4) If, within the period specified in the order the revocation or such longer period as may be allowed by the local planning authority, demolition has not been carried out or completed, then local planning authorities can by himself and by his own conduct or the furtherance of resolving the demolition.

(5) where the demolition was completed by the person who has been granted planning permission or approval of the building plan, local planning authorities shall repay to that person the actual and reasonable costs made by him in the exercise of the demolition, but not exceeding the amount specified in the order the revocation.
(6) where the demolition was carried out in part by those who were given planning permission or building plan approvals but settled by local planning authorities that, then local planning authorities shall assess the amount of the cost of demolition of the event the whole demolition carried out by the local planning authorities, and determine the amount of actual and reasonable costs made by him in resolving the demolition and shall pay to such person by way of reimbursement of the cost difference between the two that amount or the actual cost of and reasonably done by that person for the demolition of undertook, whichever amount is less, but the local planning authority does not in any case already be bound to pay any amount in excess of the amount specified in the order the revocation.
52 laws of Malaysia ACT 172 (7) If a planning permission or a building plan approval is revoked under subsection (1) and the person who granted the permission or approval of the claim from the local planning authority, within such time and in such manner as may be prescribed, compensation for any expenses on conducting the work to implement the permission or consent before the cancellation or pengubahsuaiannya , then the local planning authority shall, after giving that person a reasonable opportunity to be heard, offering him a compensation deemed sufficient by the local planning authority.
(8) If a planning permission or a building plan approvals may be modified under subsection (1), the local planning authority shall refund to the person who granted the permission or approval of the actual and reasonable cost on implementing the modification, that cost is not the right thing if the modification is not ordered, and should compensate him for any loss as a result of the modification.
(9) If any person is aggrieved by any amount of refund or compensation offered or paid to him under this section, he may, within such time and in such manner as may be prescribed, appeal to the Appeal Board and of the Appeal Board shall assess the amount of the refund or compensation to be paid.
(10) in subsection (1), "law of local government before" means Enactment-Town Board Enactment for the Federated Malay States [N.M.B. Chapter 137], Johore [En. Johor No. 118] and State of Terengganu [En. Terengganu 12 year 1355 h.], Municipal Ordinance for the Straits Settlements [N.S. Chapter 133], intra Municipal Enactment [En. Kelantan 20 1938], Local Councils Ordinance 1952 [Ord. 36 1952], and any other written law that replaces any of the law and any part thereof.
Town and country planning 53 Offences relating to unauthorized development 26. (1) any person who, either on his own or his will upon the will of others — (a) use or permit to be used any land or building berlanggaran with section 18;
(b) start, operate, or conduct, or to allow to start, run, or run, any development berlanggaran section 19 or section 20;
(c) start, operate, or conduct, or to allow to start, run, or run, any development if planning permission or building plan approval, as the case may be, in respect of the development has been cancelled pursuant to section 25; or (d) start, operate, or conduct, or to allow to start, run, or run, any development after planning permission or building plan approval, as the case may be, in respect of the development has been modified in accordance with section 25 and development started, operated, or such is not carried out in accordance with the permission or approval of the modified it, commits an offence and shall, on conviction , a fine not exceeding * five hundred thousand ringgit or to imprisonment for a term not exceeding two years or to both and, in respect of an offence continues, to a fine up to * further * five thousand dollars for each day 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 became an offence under subsection (1) shall be deemed to have allow the Act to be done.
* NOTE — Formerly "five hundred dollars" – see the town and country planning Act (Amendment) Act 1995 [Act (LPA)]. * * RECORDS — Formerly "one thousand dollars" – see Act (LPA).
54 laws of Malaysia ACT Enforcement in case of violation of 172 section 19 27. (1) this section shall apply if found by local planning authorities any advancement have been or are being undertaken or carried out a berlanggaran to section 19.
(2) if the local planning authority is satisfied that, in the event an application for planning permission or extension of planning permission in respect of the development had been made under section 22 or subsection 24 (3) before the development started, run, or run it course, in proper exercise of its powers under that section, refused planning permission for the development, then the local planning authority shall — (a) if the development has been completed , deliver to the owner as well as the occupier of the land a notice in the prescribed form requiring the compliance with both of them, within the period specified in the notice or in the extended period allowed by the local planning authority, requirements, which shall be specified in the notice, think fit the local planning authorities so that the land is recovered as far as possible as his condition before the development started;
(b) if the development has not been completed, deliver to the owner of the land and to those who, in the opinion of the local planning authority, to carry out the development, a notice in the prescribed form requiring the development both of them stop it immediately and comply with, within the period specified in the notice or in the extended period allowed by the local planning authority, the requirements of , which shall be specified in the notice, think fit the local planning authorities so that the land is recovered as far as possible as his condition before the development started.
(3) if the local planning authority is not satisfied as provided in subsection (2), he shall deliver to the owner, the people, or people who, in the opinion of the local planning authority, is to carry out the development, as the case may be, town and country planning 55 a notice telling him of the breach and require will he is seeking planning permission within the period specified in the notice or in the additional period allowed by the local planning authority.
(4) in any case included under subsection (3), the local planning authority shall also, if the development has not been completed, deliver to the owner and the person who, in the opinion of the local planning authority, to carry out the development, a notice in the prescribed form requiring them to stop the development immediately.
(5) the giving of notice under subsection (3) shall not be construed as a sign of want to give planning permission and shall be without prejudice to the powers of local planning authorities to reject the application for planning permission; and the notice shall contain a statement to that effect.
(6) any person who directly undertake any development after required to stop it through a notice served on him under paragraph (2) (b) or subsection (4) commits an offence and shall, on conviction, liable to a fine not exceeding * one hundred thousand ringgit or to imprisonment for a term not exceeding six months or to both a fine and further up to * five thousand dollars for each day the development after the first conviction for the offence.
(7) section 21 and 22 shall apply to applications for planning permission under subsection (3), but in addition to any fee prescribed for the purposes of section 21, fees prescribed shall further payable in respect of the application.
(8) where no application is made under subsection (3) within the time allowed or if the application is rejected, the local planning authority shall deliver to the owner, the people, or people who, in the opinion of the local planning authority, is carrying out the development, a notice in the prescribed form require any or all of them that complied with, within the period specified in the notice or within extension as * RECORDS — Formerly "five hundred dollars" – see the town and country planning Act (Amendment) 1995 [Act (LPA)]. * * RECORDS — Formerly "one thousand dollars" – see Act (LPA).

56 laws of Malaysia ACT 172 allowed by local planning authorities, requirements, which shall be specified in the notice, think fit the local planning authorities so that the land is recovered as far as possible as his condition before the development started.
(9) subject to subsection (10), any person who fails to comply with any of the requirements of a notice under subsection (2) or (8) in a specified period commits an offence and shall, on conviction, liable to a fine not exceeding * one hundred thousand ringgit or to imprisonment for a term not exceeding six months or to both a fine and further up to * * five thousand dollars for each day the failure continues after the first conviction for the offence.
(10) there are no residents of the land in relation to a notice under subsection (2) or (8), which is also not the land owner, can be convicted for an offence under subsection (9) if he proves that the development in respect of the notice is not started, run, or run, or be allowed to start, run, or run by him.
(11) in this section, "development" includes any part or form of a development.
Enforcement in the case of a violation of section 20 28. (1) this section shall apply if found by local planning authorities any advancement have been or are being undertaken or carried out a berlanggaran to section 20.
(2) if the local planning authority is satisfied that, if the application for planning permission it shows that the development will take or produce form or in the circumstances now, it certainly, in proper exercise of its powers under section 22, refused to give planning permission for the development, then the local planning authority shall — (a) if the development has been completed, deliver to the owner as well as the occupier of the land a notice in the prescribed form requiring the them both complies with , within the period specified in the notice or in the extended period allowed by * RECORDS — Formerly "five hundred dollars" – see the town and country planning Act (Amendment) Act 1995 [Act (LPA)]. * * RECORDS — Formerly "one thousand dollars" – see Act (LPA).
Town and country planning 57 local planning authorities, the requirements, specified in the notice, think fit the local planning authorities so that the development meets the planning permission and conditions or, if this is not possible, so that the land is recovered as far as possible as his condition before the development started;
(b) if the development has not been completed, deliver to the owner of the land and to those who, in the opinion of the local planning authority, is carrying out the development, a notice in the prescribed form requiring the development both of them stop it immediately and comply with, within the period specified in the notice or in the extended period allowed by local planning authorities , will, as specified in the notice, think fit the local planning authorities so that the development meets the planning permission and conditions or, if this is not possible, so that the land is recovered as far as possible as his condition before the development started.
(3) if the local planning authority is not satisfied as provided in subsection (2), it shall be delivered to the owner, the people, or people who, in the opinion of the local planning authority, is to carry out the development, as the case may be, a notice specifying the breach and to whom will be require that he is seeking new planning permission with respect to the development, as in form or their condition now , within the period specified in the notice or in the extended period allowed by the local planning authority.
(4) in any case included under subsection (3), the local planning authority shall also, if the development has not been completed, deliver to 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 stop the development immediately.
58 laws of Malaysia ACT 172 (5) the giving of notice under subsection (3) shall not be construed as a sign of readiness to give planning permission and shall be without prejudice to the powers of local planning authorities to reject the application for planning permission; and the notice shall contain a statement to that effect.
(6) any person who directly undertake any development after required to stop it through a notice served on him under paragraph (2) (b) or subsection (4) commits an offence and shall, on conviction, to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding six months or to both a fine and further up to five thousand dollars for each day the development after the first conviction for the offence.
(7) section 21 and 22 shall apply to applications for planning permission under subsection (3), but in addition to any fee prescribed for the purposes of section 21, fees prescribed shall further payable in respect of the application.
(8) where no application is made under subsection (3) within the time allowed or if the application is rejected, the local planning authority shall deliver to the owner, the people, or people who, in the opinion of the local planning authority, to carry out the development, a notice in the prescribed form require any or all of them that complied with, within the period specified in the notice or in the extended period allowed by local planning authorities , will, as specified in the notice, think fit the local planning authorities so that the development meets the planning permission and conditions or, if this is not possible, so that the land is recovered as far as possible as his condition before the development started.
(9) subject to subsection (10), any person who fails to comply with any of the requirements of a notice under subsection (2) or (8) in a specified period commits an offence and shall, on conviction, liable to a fine not exceeding * one hundred thousand ringgit or to imprisonment for a term not exceeding six months or to both a fine and further up to * * five thousand dollars for each day the failure continues after conviction that non-compliance in respect of that offence.
* NOTE — Formerly "five hundred dollars" – see the town and country planning Act (Amendment) Act 1995 [Act (LPA)]. * * RECORDS — Formerly "one thousand dollars" – see Act (LPA).
Town and country planning 59 (10) there are no residents of the land in relation to a notice under subsection (2) or (8), which is also not the land owner, can be convicted for an offence under subsection (9) if he proves that the development in respect of the notice is not started, run, or run, or be allowed to start, run, or run by him.
(11) in this section, "development" includes any part or form of a development.
Enforcement in the case of development which is not in accordance with the planning permission or building plan approvals modified 29. (1) this section shall apply if found by local planning authorities any advancement have been or are being undertaken or carried out after planning permission or building plan approval, as the case may be, in respect of the development has been modified in accordance with section 25 and development undertaken or carried out in such a way is not in accordance with the consent or approval of the modified it.
(2) if the local planning authority is satisfied that any part, aspect, or the form of development that is not in accordance with the planning permission or building plan approvals which modified it can be modified, added or torn down in accordance with a permission or consent, then converted the local planning authorities shall be — (a) if the development has been completed, deliver to the owner as well as the occupier of the land a notice in the prescribed form requiring the them both complies with , within the period specified in the notice or in the extended period allowed by the local planning authority, requirements, which shall be specified in the notice, which it deems fit by local planning authorities in accordance with the consent or approval of the modified;
(b) if the development has not been completed, deliver to the owner of the land and to those who, in the opinion of the local planning authority, is running 60 laws of Malaysia ACT 172 development that, a notice in the prescribed form requiring the them — (i) cease all activities immediately, with the exception of activities necessary to comply with the requirements of the local planning authority under subparagraph (ii) and other activities determined by the local planning authority , up to the local planning authority is satisfied that the requirements have been complied with; and

(ii) comply with, within the period specified in the notice or in the extended period allowed by the local planning authority, the requirements, specified in the notice, as he thinks fit by local planning authorities in accordance with the consent or approval of the modified it.
(3) if the local planning authority is not satisfied as provided in subsection (2), the local planning authority shall deliver to the owner and, if the development has not been completed, to the person who, in the opinion of the local planning authority, is carrying out the development, a notice in the prescribed form requiring the them to adhere to, within the period specified in the notice or in the extended period allowed by the local planning authority , will, as specified in the notice, as he thinks fit by local planning authorities so that the land is recovered as far as possible as his condition before the development started.
(4) subject to subsection (5), any person who fails to comply with any of the requirements of a notice under paragraph (2) (a), subparagraph (2) (b) (ii), or subsection (3) in a specified period commits an offence and shall, on conviction, liable to a fine not exceeding * one hundred thousand ringgit or to imprisonment for a term not exceeding six months or to both a fine and further up to * * five thousand dollars for each day the failure continues after the first conviction for the offence.
* NOTE — Formerly "five hundred dollars" – see the town and country planning Act (Amendment) Act 1995 [Act (LPA)]. * * RECORDS — Formerly "one thousand dollars" – see Act (LPA).
Town and country planning 61 (5) no population of any land in relation to a notice under paragraph 2 (a), which is also not the land owner, can be convicted for an offence under subsection (4) if he proves that the development in respect of the notice is not started, run, or run, or be allowed to start, run, or run by him.
(6) any person who directly undertake any activities after the required stop it through a notice served upon him under subparagraph (2) (b) (i) commits an offence and shall, on conviction, liable to a fine not exceeding * one hundred thousand ringgit or to imprisonment for a term not exceeding six months or to both a fine and further up to * * five thousand dollars for each day that such activities continued after the first conviction for the offence.
Notice of requisition 30. (1) if the local planning authority is satisfied — (a) that any use of land is laudable given stopped;
(b) that the conditions should be imposed on its use continued; or (c) that any building or work on any land should be altered or removed, local planning authorities may, with the approval of the State authority, through a requisition notice served upon the owner of the land — (i) require the use of the discontinued;
(ii) impose such conditions for the use of the land is continuous as stated in the notice of the requisition; or (iii) require the steps specified in the notice of requisition the retrieved to change or transfer the work or building, and the owner shall, within a period specified in the notice of the requisition, not less than one month from the date the notice is delivered, comply with the requirements or conditions that.
* NOTE — Formerly "five hundred dollars" – see the town and country planning Act (Amendment) Act 1995 [Act (LPA)]. * * RECORDS — Formerly "one thousand dollars" – see Act (LPA).
62 laws of Malaysia ACT 172 (2) any person aggrieved by a requisition notice may, within the period specified therein and in the prescribed manner, appeal to the Appeal Board.
(3) If an appeal is filed under subsection (2), notice of requisition shall be suspended until the appeal is determined or withdrawn.
(4) in considering an appeal under subsection (2), the Board of appeal shall hear the appellant and the local planning authorities.
(5) If the owner of the land in relation to notice of requisition that, as a result of compliance notice of requisition were incurring damage shrinkage value of the land is or has been guilty of expense or cost in carrying out works to comply with the notice, he or she can claim from the local planning authority, within such time and in such manner as may be prescribed, compensation for damages, expenses or costs that.
(6) If a claim is made under subsection (5), the local planning authority shall, after giving the person making the claim is an opportunity to be heard, offering him compensation deemed sufficient by the local planning authority.
(7) if the person who offered the compensation under subsection (6) is aggrieved by the amount of the compensation, he may, within such time and in such manner as may be prescribed, appeal to the Appeal Board and of the Appeal Board shall assess the amount of compensation to be paid.
(8) a person who fails to comply with a requisition notice delivered to him under subsection (1) within the period specified therein or, if an appeal has been made under subsection (2), in a period after the appeal is determined or withdrawn as determined by the local planning authority commits an offence and shall, on conviction, liable to a fine not exceeding * one hundred thousand ringgit or to imprisonment for a term not exceeding six months or to both common and , in the case of a continuing offence, a further fine up to * * five thousand dollars for each day the offence continues after the first conviction for the offence.
* NOTE — Formerly "fifty thousand dollars" – see the town and country planning Act (Amendment), 2001 [Act A1129]. * * RECORDS — Formerly "one thousand dollars" – see Act A1129.
Town and country planning 63 execution by person authorized 31. (1) where any of the requirements of any notice submitted under any of the provisions of sections 27, 28, 29 and 30, in addition to a requirement that stopped any development or activity, are not complied with within the period specified in the notice or in the extended period that may have been approved by the local planning authority, respectively, a person authorized may, with or without employees, entered the land relating to the notice and take a step that is required to implement the notice , including the demolition or alter any building or work and transfer any goods, vehicles, or anything from any building or land is.
(2) local planning authorities may request the head of the police district in local planning authority area that is providing police officer to provide assistance to the person authorised to take any act by virtue of subsection (1) and be the duty of the head of the district police to comply with the request and the duty police officer prepared to comply with the request to provide assistance.
(3) local planning authorities can claim expenses and the cost of doing in implementing a notice under subsection (1) of the land owner in relation to the notice in the manner as rates claimed under any written law relating to local government.
Inconsistency between laws, buildings with development plan 31A. If inconsistencies exist between any building by-laws with the development plan in respect of any policy in the plan — (a) a development plan shall supersede the by-laws; and (b) the approval authority shall apply the provisions of the by-laws of the building in any manner and to the extent necessary to avoid such inconsistency, but by ensuring that standards for the strength of the building for security and comfort of residents reached in respect of development that is as soon as that can be reasonably achieved in the circumstances.
64 the laws of Malaysia ACT 172 SECTION V DEVELOPMENT CHARGE development charge and liabilities to it 32. (1) If a local plan or a variation of local plans resulting in a change of use, density, or spacious floor in respect of any land up to increase the value of the land, a development charge shall be levied in respect of any development of the land started, operated, or is carried out in accordance with the changes.
(2) development charge Rate or method of calculating the amount of the development charge payable shall be that prescribed by rules made under section 35.
(3) the State authority may, by rules made under section 35, exempt any person or class of persons or any development or class, type, or category development of liabilities to the development charge, subject to such conditions as may be determined by the State authority in the rules.
Determination of development charge 33. (1) before granting planning permission for any development, local planning authorities shall determine whether the development charge payable in respect of the development and, where payable, determines its recoverable amount, and shall deliver to the applicant for planning permission a notice in the prescribed form to claim the amount paid.

(2) the determination by local planning authorities of the amount of the development charge shall be final and shall not be subject to appeal or review in any court.
Town and country planning 65 Payment development charge 34. (1) development charge shall be payable at once, but the local planning authority may, on the application of the applicant for planning permission, permits to be development charge is paid by a few instalments it thinks fit by local planning authorities, with interest rates, rather than the preferential rate, charged by the Association of Malaysia-Singapore to loan bercagarkan immovable property.
(2) if any installment development charge that due paid not paid, local planning authorities shall give the person who has been granted planning permission that a notice telling him of the default and demand that the payment is made within a reasonable time which shall be specified in the notice.
(3) if the amount due is paid is still unpaid after the time allowed under subsection (2) has expired, all the remaining development charge shall become due and payable and may be claimed in the manner as rates claimed under any written law relating to local government.
(4) All sums of money received on account of development charge shall be deposited in the Fund the local authorities concerned.
Power to make rules 35. The State authority may make rules for the purpose of enforcing and carrying out the provisions of this part or for the purpose of fixing any that might be required, or desired, determined under this section.
PART VA TREE PRESERVATION ORDER tree preservation order 35A. (1) if found by local planning authorities that it is expedient in the interest of comfort to preserve any trees, trees or clusters of trees in the area, it can make a tree preservation order on the trees, the trees or the tree cluster.
66 laws of Malaysia ACT 172 (2) a tree preservation order may, in particular, provide — (a) to prohibit the felling of trees except with the consent in writing and subject to such conditions, if any, charged by local planning authorities; and (b) to ensure the planting or replanting trees replacement in such manner as determined by the local planning authority.
(3) paragraph (2) (a) does not apply for felling a tree — (a) that is almost dead or dead;
(b) for the prevention of dangers that almost true occurs; or (c) if it is done in compliance with any law.
(4) any person who contravenes any of the provisions in the tree preservation order commits an offence and shall be 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) If in any proceedings for an offence under this section has been proved that a tree has been harvested shall be presumed, until the contrary is proved, that the tree has been cut down by the residents of the land above it the tree grow.
Tree preservation order is not possible if the trees subject to conditions 35B. Notwithstanding section 35A, a tree preservation order may not be made in respect of trees, trees or cluster trees subject to conditions imposed under paragraph 22 (5) (f) and (g).
Appeal against tree preservation order, etc.
35 c. any person aggrieved by — (a) a tree preservation order;
* NOTE — Formerly "fifty thousand dollars" – see the town and country planning Act (Amendment), 2001 [Act A1129].
Town and country planning 67 (b) any provision in a tree preservation order;
(c) (i) the refusal of an authorization; or (ii) any conditions imposed on the grant of an authorization, 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 she was told about the order, rejection or imposition of conditions that appeal to the Appeal Board.
Compensation under the tree preservation order 35 d. (1) where the owner of land land in relation to a tree preservation order proving that he, observing paragraph 35 c (1) (a) to (d), suffered a loss of real value in the shrinkage, he may claim compensation from the local planning authorities.
(2) a claim for compensation under subsection (1) shall be communicated to the local planning authority — (a) within six months from the date of — (i) tree preservation order;
(ii) the refusal of an authorization or imposition of the conditions under paragraph 35A (2) (a); or (iii) an order to replace trees under paragraph 35A (2) (b), notified to the owner of the land; or (b) If an appeal is made under subsection 35 c (1), within six months from the date of the decision of the Board of Appeal confirmed the order, rejection or imposition of the conditions before that.
(3) if the owner of the land is not satisfied with the amount of compensation awarded, he may, within one month from the date of the award, appeal to the Appeal Board who has the power to confirm or vary the amount of compensation awarded it.
68 the laws of Malaysia ACT 172 Replacement trees 35E. (1) there be an obligation to the person found guilty under subsection 35A (4) because cutting down any trees in respect of which a tree preservation order in effect at this time, which berlanggaran with the tree preservation order, replacing the tree by planting a tree to another — (a) of appropriate size and species;
(b) in the same place or close to the same place or elsewhere;
(c) within; and (d) subject to the terms and conditions, which are determined by local planning authorities unless upon the application of the person or upon the application of any other people or at the discretion of the local planning authority itself of local planning authority waives this requirement.
(2) the time determined by the local planning authority under paragraph 1 (c) for the replacement of trees can be extended once on the application of the person who is obliged to replace the tree.
(3) any person aggrieved by — (a) the refusal to waive the requirements of replacing the trees under paragraph (1);
(b) any order given under paragraph (1) (a) or (b);
(c) any terms or conditions imposed under paragraph (1) (d); or (d) refusal to extend the time under subsection (2), may, within one month from the date of that person be notified about orders, refusal or the imposition of terms and conditions of the appeal to the Appeal Board.
Town and country planning 69 (4) in relation to any tree replanted under subsection (1), tree preservation order shall apply to him as they apply to the original tree.
(5) if the person obliged to replace trees under subsection (1) fails to do so, he commits an offence and shall be liable, on conviction, liable to a fine not exceeding * one hundred thousand ringgit or to imprisonment for a term not exceeding six months or to both.
Local planning authorities can replace trees if the person obliged to replace it failed to do so 35F. In the case of a failure to replace trees under subsection 35E (1), local planning authorities can continue to replace the tree and, although payment of a fine under subsection 35E (5) have been described, all costs and expenses reasonably incurred by the local planning authority to replace the tree shall be reimbursed by the person who defaults to replace it.
Cancellation of a tree preservation order 35G. The local planning authority may amend or cancel a tree preservation order, including for the purpose of giving planning permission under subsection 22 (3) in respect of an area which a tree preservation order in effect at this time.
Prohibition to cut, etc., of the trees of more than 0.8 metres in circumference 35H. (1) No person shall, without the written permission of the local planning authority cut a tree more than 0.8 metres in circumference which is not subject to a tree preservation order, unless the felling that — (a) is in respect of such trees almost dying or dead;
(b) is for the prevention of dangers that almost true occurs; or * RECORDS — Formerly "fifty thousand dollars" – see the town and country planning Act (Amendment), 2001 [Act A1129].
70 laws of Malaysia ACT 172 (c) is in compliance with any law.
(2) for the purposes of subsection (1), the circumference of a tree must be measured and a half metres from the Earth provided that the tree's circumference should be measured on the berbanir of banir it.
(3) any person who contravenes subsection (1) commits an offence and shall be liable, on conviction, to a fine not more than * ten thousand ringgit or to imprisonment for a term not exceeding three months or to both.
PART VI APPEAL BOARD Appeal Board 36. (1) for the purposes of this Act, shall be established a Board of Appeal in and for the State.

(2) the State authority shall, by notification in the Gazette, appoint State — (a) with the consent of the Minister, a Chairman and a Deputy Chairman of the Appeal Board, that is, those who became or has become a judge or barrister and solicitor of the High Court or a member of the Malaysian judicial and legal service or experienced in terms of judicial qualifications and experience fit another; and (b) some people who qualify, not more than twelve people, deemed sufficient by the State authorities to be members of the Appeal Board further.
(3) a person appointed under subsection (2) shall, unless he sooner resigns or his appointment is sooner revoked, hold office for a period not exceeding three years shall be determined by the State authority in the notification of the appointment, but is eligible for reappointment.
* NOTE — Formerly "fifty thousand dollars" – see the town and country planning Act (Amendment), 2001 [Act A1129].
Town and country planning 71 (4) the State authority may revoke the appointment of a member of the Board of Appeal without giving any reason.
(5) where the Chairman is unable to perform its functions due to illness, are not in Malaysia, or by any other reason, the Deputy Chairman shall exercise the functions of the Chairman; and in the exercise of such functions, the Deputy Chairman shall, for the purposes of this Act, be deemed to be the Chairman of the Appeal Board.
(6) where arises a need to call a meeting of the Appeal Board, the Chairman shall request any two of the members appointed under paragraph (2) (b) that served with him on the Board of the appeal; and be the duty of every Member that requested such, serves on the boards of appeal, unless he is exempted by the Chairman, on the ground that it considers reasonable by the Chairman, of serving the same.
(7) a member of the Appeal Board who has an interest in any matter that is before the Appeal Board shall, as soon as he realised his interest, disclose the fact and the nature of the interest to the Chairman and shall not take part or the next part in the proceedings of the Appeal Board in relation 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 opinion of two other members, but in making such decision the Chairman is bound to agree with the opinion of two members of the other or one of them, but if the Chairman does not agree with it, he shall record the reason he did not agree.
(10) in respect of an appeal before it, the Board of appeal — (a) shall hear the appellant and local planning authorities;
(b) call and examine witnesses;
72 the laws of Malaysia ACT 172 (c) may require any person bind himself on oath to state the truth;
(d) can force production and penghantarserahan of any document which it deems relevant or material by him for the appeal;
(e) may confirm, alter or mengakas order or decision appealed against;
(f) may award costs; and (g) may make any order whether provided or not by, and in accordance with this Act.
(11) every person called by the Appeal Board to attend proceedings are required in law to attend at the place and at the time specified in the summons and every person required by the Appeal Board to submit or send submit any documents to him or to any public servants are obligated legally to submit or send submit such documents.
(12) all summons, notice, award, and the order issued, made, or given under the hand of the Chairman shall be deemed to be issued, made, or given by the Board of appeal.
(13) an order made by the Appeal Board on an appeal before it is final, shall not be questioned in any court, and shall be binding on all parties to the appeal or who are involved in the matter.
(14) for the purposes of the Penal Code [Act 574], the Board of appeal shall be deemed to be a court and every member thereof shall be deemed to be public servants.
(15) the State authority may make rules to establish a procedure of appeal to the Appeal Board and the fee payable therefor, and regulate the proceedings of the appeal board but, until the rules made and in force, the Appeal Board shall, for the purposes of the proceedings, to the extent practicable in accordance with the subordinate courts Rules 1980 [P.U. (A) 328/1980] *.
* NOTE — translated text in the national language was gazetted as p.u.(a) 97/1990.
Town and country planning 73 (16) members of the Appeal Board shall be paid, from the State Fund, allowances set by the State authority.
PART VII NOTICE of PURCHASE and LAND ACQUISITION Notice require the acquisition of land in the particular case 37. (1) without prejudice to the exercise of any written law for the time being in force relating to land acquisition, land registered proprietor — (a) that are not given planning permission under subsection 22 (3) to develop its land on the ground that the land that was shown in the development plan, either expressly or by implication, as the land proposed for public purpose and claiming that , by reason of such rejection, the land is not able to use reasonable beneficial; or (b) claiming that, by virtue of a notice of compliance in respect of land requisition submitted to it under section 30, the land is not able to use reasonable beneficial, may, in the manner prescribed, deliver to local planning authorities purchase a notice in the prescribed form, require the significance of land is purchased in accordance with this section.
(2) shall be served with notice of the purchase of a statement of facts and reasons to support the claims in the notice, together with a copy of any document that is available, including the affidavit, which could provide evidence about the facts and for that reason.
(3) local planning authorities should investigate claims made in every purchase notice submitted under subsection (1) and, if it is satisfied that the notice is in the prescribed form and have been prepared and presented in a way that may be prescribed, shall be 74 laws of Malaysia ACT 172 forward the notice to the State authority along with statements and any other documents delivered with the notice and — (a) in the case of a purchase notice someone claiming under paragraph ( 1) (a), a complete report in respect of the refusal of planning permission is causing the claim arises, a statement of the specific purpose intended to land, and a statement of the opinion of the local planning authority as to whether the land is able to use reasonable beneficial; and (b) in the case of a purchase notice someone who claim under paragraph (1) (b), the particulars of the notice of requisition is causing the claim arises and a statement about the opinion of the local planning authority as to whether the land is able to use reasonable beneficial.
(4) If the local planning authority is not satisfied that notice of the purchase is in the prescribed form or have been prepared or presented in the manner prescribed, it shall reject the purchase notice, but without prejudice to the delivery of a notice other purchase.
(5) the State authority after considering the notice of his purchases and all other matters submitted by the local planning authority under subsection (3), shall be — (a) if the State authority is satisfied that the land relating to such purchase notice was able to use reasonable beneficial, rejected the purchase notice; or (b) if the State authority is not satisfied that the land relating to such purchase notice able to use reasonable beneficial or is satisfied that the land is not able to use such a direct local planning authorities started measures to take land in accordance with the provisions of the land acquisition Act 1960 [Act 486].
Town and country planning 75 (6) for the purposes of the land acquisition Act 1960 — (a) any land proposed to be acquired pursuant to this section shall be deemed to be required by the local planning authorities;
(b) the local planning authority shall be deemed to be a corporation working on a job for public utilities; and (c) the land shall be deemed to be required for the purpose referred to in paragraph 3 (1) (b) of the Act.
(7) Notwithstanding any other law to the contrary, in assessing the amount of compensation to be paid because the intake of any land pursuant to subsection (5), the land shall be calculated as if it is not shown in the development plan as a proposed land for public purpose and in fact was not proposed as such or, as the case may be, as if the notice of requisition submitted under section 30 in respect of the land is not delivered and the notice is not complied with.
PART VIII DEVELOPMENT AREA

Declaration of area development 38. (1) at any time after the local planning authority received a local plan for a special area, local planning authorities may, by notification in the Gazette, declare the area of the State or any of its share as a development area.
(2) when an area designated as a development area, be the duty of local planning authorities that take, through purchases or forced recruitment under the land acquisition Act 1960, the land give the property located within the area, and develop the area according to the local plan.
76 laws of Malaysia ACT 172 effect of declaration 39. (1) every declaration under section 38 shall become effective as a declaration of acquisition proposed under the land acquisition Act 1960 of the land give ownership of the area in relation to the Declaration and any of the land is possible, if the local planning authority that does not ban the purchase of the land is with conditions acceptable to the local planning authority , taken and paid according to the Act, but subject to section 40.
(2) for the purposes of the Act — (a) any land proposed to be acquired pursuant to this part shall be deemed to be required by the local planning authorities;
(b) the local planning authority shall be deemed to be a corporation working on a job for public utilities; and (c) the land shall be deemed to be required for the purpose referred to in paragraph 3 (1) (b) of the Act.
Special provisions for compensation 40. (1) in assessing the compensation payable in respect of any land or buildings or any interest thereon which are proposed to be acquired pursuant to this section be forced — (a) estimated value of land, building, or interest shall be established to its market value a reasonable at the date of declaration is published under subsection 38 (1), by paying attention to the type and condition of the property, many of the building may hold in his condition now , and the nature kerosakannya, without giving any deduction in respect of the purchase of the force or other matter; and (b) in the estimates of any additional or pengelokan property is made after the date of the Declaration has been published under subsection 38 (1) cannot be, unless the pengelokan is necessary for town and country planning 77 penyenggaran property is good so that their condition is included in the case of any interest acquired after that date, and also cannot be made any separate estimate for value with a view you want to add the amount of compensation to be paid for the land or the building.
(2) when began assessing the compensation payable in respect of any home or premises, evidence shall be received by the Court to prove — (a) that rent or premises has been increased due to the home or premises used for the purposes that are unlawful or too crowded up to be dangerous or prejudicial to the health of the occupants;
(b) that the House or premises is in a situation which makes it a nuisance or in circumstances less net or reasonably poor circumstances; and (c) that the House or premises that do not qualify and cannot reasonably be made eligible for human, and, if satisfied with the evidence, then the compensation — (d) shall, in the case of the first, in so far as it was founded to rent, founded the rental course is possible if the House or premises it has occupied for the purposes of the legal laws and occupied only by the number of people that can be recovered by the home or premises , in all the circumstances of it, without crowded that become hazardous or harmful to health of the occupants;
(e) shall, in the case of the latter, the amount estimated as the value of the home or premises if the nuisance had been halted or if the House or premises that have been recovered in clean or have been improved on a reasonable basis, after deducting the estimated expense to stop the nuisance or restore clean or repair your home or premises, as the case may be; and 78 laws of Malaysia ACT 172 (f) shall, in the case of the third, the value of the land and the value of building materials on the ground of it.
Local planning authorities can employ agents, making arrangements, and set up the Corporation 41. (1) for the purpose of developing an area development at meet their obligations under subsection 38 (2), the local planning authority may appoint or employ agents, or, with the approval of the Menteri Besar or the Chief Minister, and subject to rules made under section 44 and the conditions and restrictions passed, or required by the Menteri Besar or Chief Minister, to make any arrangement for profit pekongsian , the consolidation of interests, cooperation, joint venture, reciprocal concession or with any person, company, or body.
(2) local planning authorities may, with the approval of the Menteri Besar or the Chief Minister, from time to time by order published in the State Gazette, establish a corporation by the name it deems fit by local planning authorities, to carry out and hold responsibilities, conduct, and management of any project, scheme, or enterprise that has been planned or undertaken by the local planning authorities to meet their obligations under subsection 38 (2) of advancing a development area.
(3) every order made under subsection (2) shall make provision in respect of — (a) the purpose and objectives of the Corporation is established;
(b) the establishment of the Corporation;
(c) the duties, powers, and rights of the Corporation;
(d) the system of management of the Corporation;
(e) financing of such Corporation;
(f) account to be kept by the Corporation and auditing matters;
(g) the relationship between the Corporation with the local planning authority and the right controls over such Corporation; and (h) the common seal.
Town and country planning 79 authority to borrow money 42. Local planning authorities may, with the approval of the Menteri Besar or Chief Minister, but subject to acts of Public authorities (control powers to borrow) 1961 [Act 383], borrow a sum of money needed to finance the development of an area development.
The power to dispose of land and property 43. Local planning authorities may, subject to rules made under section 44, sell, lease, or otherwise manage or disposing off any land or property in a development area that has been dimajukannya pursuant to subsection 38 (2).
Power to make rules 44. The State authority may make rules — (a) to regulate the conduct of negotiations for the purchase of land in an area of development and of these terms of purchase;
(b) to regulate the manufacture and conditions of any arrangement under subsection 41 (1);
(c) to obtain a fair and equitable implementation of section 43; and (d) generally for carrying out the provisions of this part better.
PART IX MISCELLANEOUS PROVISIONS the power entering the 45. (1) an authorized person may, with or without an Assistant or employee, enter the land or building for the purpose of — (a) make any inspection, investigation, measurement, or surveying, or measure the level of the land or building;
(b) prescribing the boundaries and lines of work proposed;
80 laws of Malaysia ACT 172 (c) mark level, the border, and the line by putting or holding signs and digging peparit;
(d) digging or dredging subtanih;
(e) determine whether any development has started, run, or run berlanggaran with this Act or the rules made thereunder; and (f) do any other act necessary for administering this act efficiently.
(2) no entry may be made under subsection (1) — (a) into a building used exclusively as a residence or to any part of the grounds or a twin terkepung with the building, unless permission has been obtained in advance from the occupants, or a written notice of intent to be check-in have been given to the occupants at least twenty-four hours before the proposed entry;
(b) without giving appropriate attention to the prevalence of social and religious residents of the land or the building, balanced with the importance of the purpose of entering; or (c) in addition to between 7 a.m. with at 7 pm.
(3) an authorized person who made the entry under subsection (1) shall carry with him a power card in the prescribed form; and it is not unlawful for any person who refuses to allow the entry of persons authorized or any Assistant or its employees if the person authorized, when asked, did not submit the card powers.
Delivery of document 46. (1) all documents required by this Act or by rules made thereunder in order to be communicated to any person shall, unless otherwise provided for in this Act or the rules, be deemed to have been duly served proper — (a) if the document is to be served to a Government Department, the train authority, or local authority, statutory authority, company, town and country planning 81

corporations, associations or other bodies, if documents addressed to the head of the Government, General Manager of the railway authority, or Secretary or an officer of the principal local authorities, statutory authority, company, Corporation, organization, or other body is in the main office, branch offices, local offices, or at the registered office, as the case may be, for the Department, statutory authority, company, Corporation, or other body that , and either sent or delivered by post submit registered office or to the Office;
(b) if the document is to be served to a partnership, if the document is addressed to the partnership's place of business, usually by name or title which conducts, and either sent or delivered by post submit registered or to the place of business;
(c) in any other case, if the document is addressed to the person to be served and — (i) given or presented to him;
(ii) sent by registered post to him; or (iii) otherwise can be delivered to him personally or by registered post, given or presented to a member of his family adult or affixed on the conspicuous at the place of residence or business end of unknown or in the land or building in relation to the document.
(2) a document required or permitted to be served on the owner or occupier of any land or building can be addressed, without any further description, name or "owner" or "residents", as the case may be, to be named or described, the land or the building, and shall be deemed to be duly served if the document is addressed and sent or delivered, submit in accordance with paragraph (1) (c).
82 the laws of Malaysia ACT 172 (3) If a document is served to a partnership under paragraph (1) (b), the document shall be deemed to be communicated to each partner.
(4) a document sent by registered post shall be deemed to be served seven days after the date of registration.
Confirmation of documents 47. (1) every plan, maps, planning permission, order, permit or notice provided, issued, made, or delivered by the local planning authority under, pursuant to, 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 President of the local planning authority or a person duly authorized.
(2) a certification by the local planning authority that certifies that a document referred to in subsection (1) purporting to be prepared, issued, made, or delivered by local planning authorities that have been prepared, issued, made, or delivered such shall be conclusive evidence of the facts certified such that.
Proof dokumentar 48. (1) every document referred to in section 47 and sealed in a specified therein and every document in the form of a receipt, application, records, or express issued, made or maintained under, pursuant to, or for the purposes of this Act, shall be received as evidence of the contents of the document.
(2) a copy of any document referred to in subsection (1) or an extract therefrom, if certified by the Chairman or President of the local planning authority, shall be admissible in evidence on matters and matters stated therein in any thing, and at the same point, the original copy of the document of course will be accepted so if submitted.
Town and country planning 83 Privilege from production of documents and the attendance as a witness 49. A member, officers, servants, or agents of local planning authority shall not be required in any legal proceeding that local planning authorities is not a party, to submit any records, register, or document content can be proved under subsection 48 (2) with a certified copy, or to appear as a witness to prove the matters and affairs which is recorded in the record, express , or the document, except by order of the Court made for special cause.
Prosecution of 50. (1) any person authorized or any police officer not below the rank of Inspector may conduct a prosecution for an offence under this Act or the rules made thereunder.
(2) the local planning authority may authorize in writing done expenses necessary for prosecution for an offence under this Act or the rules made thereunder.
Jurisdiction of the Court 51. Notwithstanding the provisions of the subordinate Courts Act 1948 [Act 92], a first class magistrate shall have jurisdiction to try any offence under this Act or the rules made thereunder and award full punishment permitted by this Act.
A penalty by reason of the disturbing sign of 52. Any person who, without the permission of the local planning authority, willfully destroying, damaging, polluting, move, or otherwise interfere with any sign placed or erected for the purpose of showing 84 laws of Malaysia ACT 172 any level or direction necessary to carry out the purposes of this Act commits an offence and shall on conviction — (a) 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 lieu of the penalty, was ordered to pay to the local planning authority, an amount of money that can be recovered as a fine, not exceeding three times the cost for repair or relocate a sign that and for making any surveying which becomes necessary by reason of the Act in respect of which he was convicted.
Offences by body corporate 52A. If an offence under this Act has been committed by a body corporate, any person who at the time of the offence committed was a Director, Manager, Secretary or other similar officer of the body corporate or any person purporting to be acting upon the nature of the body corporate shall, in addition, be deemed to have committed such offence unless he proves that it was committed without his knowledge or that he took reasonable steps to prevent the Commission of it.
53 public servants. Every Member and agent of the local planning authority, every person is empowered, and every Assistant or employee who join or assist a person people empowered to carry out its functions under this Act shall be deemed to be public servants for the purposes of the Penal Code.
Public Authorities Protection Act 54. 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 his agent, every Member of the Appeal Board, every town and country planning 85 authorized person, and every Assistant or employees who participate in or help people authorized to carry out its functions under this Act, in respect of any act , neglect, or default committed by the authorities, Member, person, Assistant, or employee on such nature.
Indemnity against claims in respect of damage or loss of 55. If the local planning authority, in the exercise of its powers under this Act, doing anything required to be done by a person under this Act but that person is not or refuse to do it, and on or as a result of doing something that, another person suffers loss or damage, and the damage or loss is necessary and unavoidable and not by reason of the negligence of local planning authorities , then the person in default shall indemnify local planning authorities against any claim which may be made against him in respect of any loss or damage it.
Application of Act 119 for investigation or hearing local 56. Section 8, 9, 11, 12, 13, 14, 19, 21 and 22, 1950 Investigation Commission Act [Act 119] shall, with the necessary modifications and as far as applicable, apply to an inquiry or hearing local held under subsection 4 (7) or 14 (1) and for any person who conducts an investigation or hearing it as if the investigation or hearing and the person , each an inquiry and a Commissioner under the Act.
Exemption from fees and charges 57. (1) all development that exclusively intended to mean religious, educational, recreational, social, welfare, or charitable and not for profit money excluded from pay all charges and fees under this Act, other than an extra fee payable under subsection 27 (7) and 28 (7).
86 the laws of Malaysia ACT 172 (2) an exemption under subsection (1) shall not include the development charge.
Power to make rules 58. (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 matter within the terms of this Act.
* (1B) if any of the rules made by the State authority is not in accordance with the rules made by the Council, rules made by the Council shall supersede the rules made by the State authority and rules 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 — (a) land development regulations in accordance with proper planning;
(b) the classes of land use and building or part thereof;
(c) control of density, spacious floor, plot ratio, the plinth, and the use of land and buildings;
(d) control of height, design, appearance, construction sites and buildings, and provide parking, a countdown, and land;
(e) controlling the entrance to the land and buildings;
(f) protection for old monuments and land and buildings that have historical significance or architecture;
(g) details of the nature and content of the structure plan and local plans, procedures to be followed in * NOTE — this subsection shall not apply to the State of Kelantan and Terengganu – see Kn. P.U. 34/2003 and Tr. G.N. 54/2003.
Town and country planning 87 preparation, submission, and his approval, shape and the way the plan has been published, and the form of notices related to it;
(h) the qualifications of the person who can set up or forward plans, documents, details and layout plan for the purpose of this Act;
(i) the form of applications for planning permission can be made, details to be given in the application, and plans, documents, details and layout plan to be submitted together with the application and the form and skalanya;
(j) the fees to be paid under this Act;
(k) registration and application form, and details will be contained in the register;
(l) prescribing anything that can, or want, prescribed under this Act.
(3) where any rules made under paragraph (2) (h) does not include a person who is entitled under any other written law to prepare and submit plans, documents, details and layout plan relating to town and country planning to any person or authority, the rights are not affected.
Repeal of laws existing planning 59. (1) in this section, "law existing planning" means part IX Town Board Enactment for the Federated Malay States, part IX Town Board Enactment for the State of Johor, Part VIA the municipal Enactment for the State of Kelantan, and part IX Town Board Enactment for the State of Terengganu.
(2) If, in accordance with section 1, this section takes effect as a General in the State, the law of the existing plan in force in that State shall be repealed.
88 the laws of Malaysia ACT 172 (3) If, in accordance with section 1, this section takes effect in a local authority area or part thereof, the law existing planning regulations in force in the area or part shall be repealed its application for area or part of it.
(4) If, before the repeal of any law existing planning, there is a dispute or has reasonable accordance between any of the provisions of the law with this Act, the provisions of this Act shall apply.
(5) If any trouble arises or anomalies caused by the repeal of any law existing planning, the State authority may by order make provision in accordance with this Act for the purpose of removing or overcoming adversity or the anomalies.
(6) Notwithstanding the repeal of any law existing planning, any planning permission, approval of development, or building plan approvals granted under the law in respect of any land, and any instrument or document issued in accordance with the law, shall remain in force and effect and shall be deemed to have been granted or issued under this Act, until it is amended , modified, cancelled or dikansel under this Act.
Town and country planning 89 laws of MALAYSIA Act 172 TOWN and COUNTRY PLANNING ACT 1976 ATTACHMENT State/district Provisions effective date authority JOHOR JOHOR Bhg. I 01-07-1981 j. P.U. to III 28/1984 Johor div IV 01-05-1985 j. P.U. to IX 11/1986 Johor Bahru Bhg. I 01-07-1981 j. P.U. to LLL 29/1984 Johor Bahru Bhg. I 01-01-1983 j. P.U. Middle to III 30/1984 Pasir Gudang Bhg. I 01-01-1983 j. P.U. to III 31/1984 Segamat Bhg. (I) 07-10-1982 j. P.U. to III 32/1984 Kluang North div (I) 07-10-1982 j. P.U. to III 33/1984 Johor Bahru Division IV 01-04-1987 j. P.U. to IX 6/1987 Plentong div IV 01-04-1987 j. P.U. to IX 7/1987 Pasir Gudang Division IV 01-04-1987 j. P.U. to IX 8/1987 Batu Pahat Bhg. I 01-07-1987 j. P.U. East to III 14/1987 Muar North div I 01-07-1987 j. P.U. to LLL 15/1987 Segamat Bhg. I 01-07-1987 j. P.U. South III 16/1987 Pontian Bhg. I 01-07-1987 j. P.U. to LLL 17/1987 90 laws of Malaysia ACT 172 Batu Pahat Bhg. I 01-07-1987 j. P.U. to LLL 18/1987 Muar Division. I 01-07-1987 j. P.U. to LLL 19/1987 Segamat Bhg. I 01-07-1987 j. P.U. to III 20/1987 Kota Tinggi Division. I 01-11-1995 j. P.U. to III 60/1996 Kluang div IV 08-07-1998 j. P.U. South to IX 50/1999 Muar North div IV 14-10-1998 j. P.U. to IX 22/2000 Kota Tinggi Division IV 31-01-2001 j. P.U. to IX 32/2001 Mersing div IV 31-01-2001 j. P.U. to IX 33/2001 KEDAH Kota Setar Sec. I 01-06-1982 K. P. U to III 1/1982 Kedah div IV 01-01-1990 K. P. U to IX 414/1990 All The Bhg. I 21-12-2000 k. P.U. Authorities to IX 7/2000 Local KELANTAN Kelantan Bhg. I 01-03-1982 Kn. P.U. to LLL 19/1987 (except 01-11-2003 Kn. P.U. subsection 34/2003) 5 (2) of Kelantan div IV 01-06-1988 Kn. P.U. to IX 2/1989 (except 01-11-2003 Kn. P.U. subsection 34/2003) 58 (1A) and (1B) State/District State the effective date of the provisions of the town and country planning authority 91 Kota Bharu Bhg. I 01-03-1982 Kn. P.U. and all to III 1/1986 Council District in the State of Kelantan Machang, Bhg. I 15-09-1986 Kn. P.U. Pasir Puteh to III 24/1988 and Tanah Merah in the District of Bhg. I 15-09-1986 Kn. P.U. Jelly and to III 25/1988 areas became part of Pasir Puteh, Machang and Tanah Merah Kota Bharu div IV 01-06-1988 Kn. P.U. to IX 3/1989 outside power div IV 01-06-1988 Kn. P.U. Foetida, and IX 26/2002 Pasir Puteh, Tanah Merah and Jeli in and Bhg. I 01-06-1988 Kn. P.U. outside Council to IX 27/2002 district of Kota Bharu, Pasir Mas, Bachok, Tumpat, Gua Musang, Kuala Krai, (MDKK (U)) and (MDKK (S)) of MELAKA Melaka Bhg. I 01-07-1985 m. G.N. to LLL 498/1985 Melaka div IV 01-03-1994 m. P.U. to IX 27/1994 State/District State the effective date Provisions 92 power laws of Malaysia ACT 172 Melaka Bhg. I 01-07-1978 m. G.N. Middle to IX 161/1978 State div I 01-03-1979 N.S. p. U NINE Nine to III 357/1986 Seremban Bhg. I 01/05/1979 p. U to N.S. III 132/1979 Port Dickson Bhg. I 01-01-1980 N.S. P.U. to LLL 19/1979 Kuala Pilah Bhg. I 01-07-1980 N.S. p. U to LLL 335/1980 Rembau Bhg. I 01-07-1980 N.S. p. U to LLL 336/1980 Tampin Bhg. I 01-07-1980 N.S. P.U. to LLL 317/1980 Jempol Division. I 01-08-1980 N.S. P.U. to III 14/1980 Jelebu Bhg. I 01-08-1980 N.S. P.U. to LLL 15/1980 All div IV 01-10-1996 N.S. g. N spaces to IX 792/1996 local authority.
PAHANG Pahang Bhg. I and 01-07-1983 Phg. G.N. II 357/1984 Pahang Bhg. I 08-06-1995 Phg. G.N. to LLL 723/1995 Pahang div IV 01-09-1995 Phg. G.N. to IX 724/1995 Kuantan div III 01-07-1983 Phg. G.N. 358/1984 State/District State the effective date of the provisions of the town and country planning power 93 Raub div III 01-07-1983 Phg. G.N. 359/1984 Temerloh div III 01-07-1983 Phg. G.N. 360/1984 Jerantut div III 01-07-1983 Phg. G.N. 361/1984 Lipis div III 01-07-1983 Phg. G.N. 362/1984 Bentong div III 01-07-1983 Phg. G.N. 363/1984 Cameron Div III 01-07-1983 Phg. G.N. Highlands 364/1984 SILVER Silver Bhg. I 01-09-1989 Pk. P.U. to III 35/1989 Silver div IV 01-07-1991 Pk. P.U. to IX 18/1991 Kinta Barat Bhg. I 01-09-1979 Pk. P.U. to III 42/1979 Taiping Bhg. I 01-09-1979 Pk. P.U. to LLL 43/1979 Krian Bhg. I 01-09-1979 Pk. P.U. to LLL 48/1979 Grik Division. I 01-12-1979 Pk. P.U. to III 66/1979 Kroh Bhg. I 01-12-1979 Pk. P.U. to LLL 69/1979 Lenggong Bhg. I 01-12-1979 Pk. P.U. to LLL 72/1979 For Bhg. I 01-12-1979 Pk. P.U. to III 75/1979 of Perak Tengah Bhg. I 01-12-1979 Pk. P.U. to LLL 78/1979 State/district Provisions effective date power 94 laws of Malaysia ACT 172 South Kinta Bhg. I 01-12-1979 Pk. P.U. to LLL 81/1979 Tanjong Bhg. I 01-12-1979 Pk. P.U. Malim to LLL 84/1979 Hilir Perak Bhg. I 01-12-1979 Pk. P.U. to LLL 87/1979 Tapah Bhg. I 01-12-1979 Pk. P.U. to LLL Ipoh, 90/1979 div IV 01-07-1991 Pk. P.U. Base to IX 19/1991 Hulu and Gerik PERLIS Perlis Bhg. I 01-01-1984 PS. P.U. to LLL 6/1983 Perlis div IV 29-01-1992 PS. P.U. to IX 7/1992 PULAU Penang Bhg. I 01-01-1985 a.m. P.U. PINANG to IX 30/1984 SELANGOR Selangor Bhg. I 01-12-1978 SEL. P.U. to II 21/1978 Selangor div III 01-01-1984 SEL. P.U. 25/1986 Selangor div IV 01-05-1996 Cell. P.U. to IX 21/1996 Area div IV 01-05-1996 Cell. P.U. Corporation to IX 33/1996 Putrajaya (except s. 36-37) TERENGGANU Terengganu Bhg. I 01-01-1980 Tr. P.U. to III 40/1986 (except 01-02-2003 Tr. G.N. subsection 54/2003) 5 (2)) State/District State the effective date of the provisions of the town and country planning power 95 Terengganu div IV 01-01-1987 Tr. P.U. to IX 1/1987 (except 01-02-2003 Tr. G.N. subsection 54/2003) 22 (2A) and (2B) and subsection 58 (1A) and (1B)) Kuala Bhg. I 01-01-1980 Tr. P.U. Terengganu to III 2/1980 Spaces Bhg. I 01-01-1980 Tr. P.U. marked up III 9/1980 gray in plan no. PW 182 stored at the Office of the Director of Surveys of Terengganu

Besut, Bhg. I 01-01-1985 Tr. G.N. Kemaman, and III 1/1985 Dungun, Marang and Hulu Terengganu State/district State the effective date Provisions 96 power laws of Malaysia ACT 172 laws of MALAYSIA Act 172 TOWN and COUNTRY PLANNING ACT 1976 LIST of AMENDMENT law short title force of the Act amending the Town Planning Act and A866 01-03-1994 Desa (Amendment) Act 1993 Act (LPA) Town Planning Act and 01-05-1996 for Desa (Amendment) 1995 Selangor (see SEL. P.U. 20/1996) 01-06-1996 for Johor (see j. P.U. 8/ 1997) 01-10-1996 for Negeri Sembilan (see N.S. g. N 791/1996) 11-10-1996 for Perlis (see PS. P.U. 7/1996) 01-12-1996 for Terengganu (see Tr. G.N. 1485/1996) 01-01-1997 for Pahang (see Phg. G.N. No 1198/1996) 01-04-1997 for Pulau Pinang (see Pg. P.U. 2/1997) 24-04-1997 for Silver (see Pk. G.N. 384/1997) town and country planning 97 18-06-1998 for Kelantan (see Kn. P.U. 9/1998) 23-10-1998 for Kedah (see k. P.U. 16/1998) 15-04-2005 for Melaka (see p. P.U. 7/2005) of the Town Planning Act A1129 and 28-09-2001 for Desa (Amendment) 2001 Peninsular Malaysia only for s. 2 3, 4 and 5 25-02-2002 to Melaka (see p. P.U. 3/2002) 01-03-2002 for the Federal territory of Kuala Lumpur (see P.U. (B) 60/2002) 01-03-2002 to Selangor (see SEL. P.U. 23/2002) 01-03-2002 to Pahang (see Phg. G.N. No 234/2002), 06-06-2002 for Negeri Sembilan (see N.S. G.N. 312/2002) law short title force amend from 98 laws of Malaysia ACT 172 19-07-2002 for Kedah (see k. P.U. 11/2002) 01-10-2002 to Penang (see Pg. G.N. 259/2002) 11-10-2002 for Silver (see Pk. G.N. 853/2002) 01-11-2002 for Johor (see j. P.U. 45/2002) 31-01-2003 to Perlis (see PS. G.N. 5/2003) 01-02-2003 to Terengganu – s. 2 to 8 , 9 (b), 10, 11 in so far as that section relates to the inclusion of a new section s. 6B into town and country planning Act 1976; s. 12 to 24; paragraph 25 (a) and 25 (c); s. 26 to 36 and 38 (see Tr. G.N. 54/2003) 01-11-2003 to Kelantan with the exception of paragraph 9 (a) and s. 37 (see Kn. P.U. 34/2003) law short title force amend the town and country planning from 99 laws of MALAYSIA Act 172 TOWN and COUNTRY PLANNING ACT 1976 LIST of the SECTION AMENDED Section Power amend the effect from the long Title of the Act A1129 28-09-2001 Preamble A1129 Act 28-09-2001 Verse make Act A1129 28-09-2001 Law 1 Act A1129 28-09-2001 2 Act (LPA) 01-05-1996 for Selangor 01-06-1996 for Johor 01-10-1996 for Negeri Sembilan 11-10-1996 for Perlis 01-12-1996 for Terengganu 01-01-1997 for Pahang 01-04-1997 for Penang 24-04-1997 for Silver 18-06-1998 for Kelantan 23-10-1998 for Kedah 100 laws of Malaysia ACT 172 15-04-2005 for Act A1129 25-02-2002 to Melaka 01-03-2002 for the Federal territory of Kuala Lumpur 01-03-2002 for Selangor 01-03-2002 for Pahang 06-06-2002 for Negeri Sembilan 19-07-2002 for Kedah 01-10-2002 for Penang 11-10-2002 for Silver 01-11-2002 for Johor 31-01-2003 for Perlis 01-02-2003 Terengganu 01-11-2003 to Kelantan 2A A1129 Act 25-02-2002 to Melaka Section Power amend the effect from the town and country planning 101 01-03-2002 for the Federal territory of Kuala Lumpur 01-03-2002 for Selangor 01-03-2002 for Pahang 06-06-2002 for Negeri Sembilan 19-07-2002 for Kedah 01-10-2002 for Penang 11-10-2002 for Silver 01-11-2002 for Johor 31-01-2003 for Perlis 01-02-2003 to Terengganu 01-11-2003 to Kelantan 2B A1129 Act 25-02-2002 to Melaka 01-03-2002 for the Federal territory of Kuala Lumpur 01-03-2002 for Selangor Section Power amend with effect from
102 the laws of Malaysia ACT 172 01-03-2002 for Pahang 06-06-2002 for Negeri Sembilan 19-07-2002 for Kedah 01-10-2002 for Penang 11-10-2002 for Silver 01-11-2002 for Johor 31-01-2003 for Perlis 01-02-2003 to Terengganu 01-11-2003 to Kelantan 4 Act (LPA) 01-05-1996 for Selangor 01-06-1996 for Johor 01-10-1996 for Negeri Sembilan 11-10-1996 for Perlis 01-12-1996 for Terengganu 01-01-1997 for Pahang Section Power amend the effect from the town and country planning 103 01-04-1997 for Penang 24-04-1997 for Silver 18-06-1998 for Kelantan 23-10-1998 for Kedah
15-04-2005 for Act A1129 25-02-2002 to Melaka 01-03-2002 for the Federal territory of Kuala Lumpur 01-03-2002 for Selangor 01-03-2002 for Pahang 06-06-2002 for Negeri Sembilan 19-07-2002 for Kedah 01-10-2002 for Penang 11-10-2002 for Silver 01-11-2002 for Johor 31-01-2003 for Perlis Section Power amend with effect from 104 laws of Malaysia ACT 172 01-02-2003 to Terengganu 01-11-2003 to Kelantan 5 Act A1129 25-02-2002 to Melaka 01-03-2002 for the Federal territory of Kuala Lumpur 01-03-2002 for Selangor 01-03-2002 for Pahang 06-06-2002 for Negeri Sembilan 19-07-2002 for Kedah 01-10-2002 for Penang 11-10-2002 for Silver 01-11-2002 for Johor 31-01-2003 for Perlis 5 (3) of Act A1129 01-02-2003 to Terengganu 01-11-2003 to Kelantan 6 Act A1129 25-02-2002 to Melaka Section Power amend the effect from the town and country planning 105 01-03-2002 for the Federal territory of Kuala Lumpur 01-03-2002 for Selangor 01-03-2002 for Pahang 06-06-2002 for Negeri Sembilan 19-07-2002 for Kedah 01-10-2002 for Penang 11-10-2002 for Silver 01-11-2002 for Johor 31-01-2003 for Perlis 01-02-2003 to Terengganu 01-11-2003 to Kelantan
6a Act A1129 25-02-2002 to Melaka 01-03-2002 for the Federal territory of Kuala Lumpur 01-03-2002 for Selangor Section Power amend with effect from 106 laws of Malaysia ACT 172 01-03-2002 for Pahang 06-06-2002 for Negeri Sembilan 19-07-2002 for Kedah 01-10-2002 for Penang 11-10-2002 for Silver 01-11-2002 for Johor 31-01-2003 for Perlis 01-11-2003 to Kelantan 6B A1129 Act 25-02-2002 to Melaka 01-03-2002 for the Federal territory of Kuala Lumpur 01-03-2002 for Selangor 01-03-2002 for Pahang 06-06-2002 for Negeri Sembilan 19-07-2002 for Kedah 01-10-2002, for Islands Penang Power amend Section effect from the town and country planning 107 11-10-2002 for Silver 01-11-2002 for Johor 31-01-2003 for Perlis 01-02-2003 to Terengganu 01-11-2003 to Kelantan 7 Act A1129 25-02-2002 to Melaka 01-03-2002 for the Federal territory of Kuala Lumpur 01-03-2002 for Selangor 01-03-2002 for Pahang 06-06-2002 for Negeri Sembilan 19-07-2002 for Kedah 01-10-2002 for Penang 11-10-2002 for Silver 01-11-2002 for Johor 31-01-2003 for Perlis Section Power amend with effect from 108 laws of Malaysia ACT 172 01-02-2003 to Terengganu 01-11-2003 for 8 Kelantan A1129 Act 25-02-2002 to Melaka 01-03-2002 for the Federal territory of Kuala Lumpur 01-03-2002 for Selangor 01-03-2002 for Pahang 06-06-2002 for Negeri Sembilan 19-07-2002 for Kedah 01-10-2002 for Penang 11-10-2002 for Silver 01-11-2002 for Johor 31-01-2003 for Perlis 01-02-2003 to Terengganu 01-11-2003 to Kelantan Section Power amend with effect from the town and country Planning Act 109 9 A1129 25-02-2002 to Melaka 01-03-2002 for the Federal territory of Kuala Lumpur 01-03-2002 for Selangor 01-03-2002 for Pahang 06-06-2002 for Negeri Sembilan 19-07-2002 for Kedah 01-10-2002 for Penang 11-10-2002 for Silver 01-11-2002 for Johor 31-01-2003 for Perlis 01-02-2003 to Terengganu 01-11-2003 to Kelantan 10 Act (LPA) 01-05-1996 for Selangor 01-06-1996 for Johor 01-10-1996 for Negeri Sembilan Section Power amend operation from 110 laws of Malaysia ACT 172 11-10-1996 for Perlis 01-12-1996 for Terengganu 01-01-1997 for Pahang 01-04-1997 for Penang 24-04-1997 for Silver 18-06-1998 for Kelantan 23-10-1998 for Kedah 15-04-2005 for Act A1129 25-02-2002 to Melaka 01-03-2002 for the Federal territory of Kuala Lumpur 01-03-2002 for Selangor 01-03-2002 for Pahang 06-06-2002 for Negeri Sembilan 19-07-2002 for Kedah 01-10-2002 for Penang Section Power amend the effect from the town and country planning 111 11-10-2002 for Silver 01-11-2002 for Johor 31-01-2003 for Perlis 01-02-2003 to Terengganu 01-11-2003 to Kelantan 11 Act A1129 25-02-2002 to Melaka 01-03-2002 for the Federal territory of Kuala Lumpur 01-03-2002 for Selangor 01-03-2002 for Pahang 06-06-2002 for Negeri Sembilan 19-07-2002 for Kedah 01-10-2002 for Penang 11-10-2002 for Silver 01-11-2002 for Johor 31-01-2003 Perlis Section Power amend with effect from 112 laws of Malaysia ACT 172 01-02-2003 to Terengganu 01-11-2003 to Kelantan 11A A1129 Act 25-02-2002 to Melaka 01-03-2002 for the Federal territory of Kuala Lumpur 01-03-2002 for Selangor 01-03-2002 for Pahang 06-06-2002 for Negeri Sembilan 19-07-2002 for Kedah 01-10-2002 for Penang 11-10-2002 for Silver 01-11-2002 for Johor 31-01-2003 for Perlis 01-02-2003 to Terengganu 01-11-2003 to Kelantan 11B A1129 Act 25-02-2002 to Melaka Section Power amend the effect from the town and country planning 113
01-03-2002 for the Federal territory of Kuala Lumpur 01-03-2002 for Selangor 01-03-2002 for Pahang 06-06-2002 for Negeri Sembilan 19-07-2002 for Kedah 01-10-2002 for Penang 11-10-2002 for Silver 01-11-2002 for Johor 31-01-2003 for Perlis 01-02-2003 to Terengganu 01-11-2003 to Kelantan 12 Act (LPA) 01-05-1996 for Selangor 01-06-1996 for Johor 01-10-1996 for Negeri Sembilan 11-10-1996 for Perlis Section Power amend with effect from 114 laws of Malaysia ACT 172 01-12-1996 for Terengganu 01-01-1997 for Pahang 01-04-1997 for Penang 24-04-1997 for Silver 18-06-1998 for Kelantan 23-10-1998 for Kedah 15-04-2005 for Act A1129 25-02-2002 to Melaka 01-03-2002 for the Federal territory of Kuala Lumpur 01-03-2002 for Selangor 01-03-2002 for Pahang 06-06-2002 for Negeri Sembilan 19-07-2002 for Kedah 01-10-2002 for Penang 11-10-2002 for Silver

Section Power amend the effect from the town and country planning 115 01-11-2002 for Johor 31-01-2003 for Perlis 01-02-2003 to Terengganu 01-11-2003 to Kelantan 12A A1129 Act 25-02-2002 to Melaka 01-03-2002 for the Federal territory of Kuala Lumpur 01-03-2002 for Selangor 01-03-2002 for Pahang 06-06-2002 for Negeri Sembilan 19-07-2002 for Kedah 01-10-2002 for Penang 11-10-2002 for Silver 01-11-2002 for Johor 31-01-2003 for Perlis 01-02-2003 to Terengganu Section Power amend with effect from 116 laws of Malaysia ACT 172 01-11-2003 to Kelantan 13 Act (LPA) 01-05-1996 for Selangor 01-06-1996 for Johor 01-10-1996 for Negeri Sembilan 11-10-1996 for Perlis 01-12-1996 for Terengganu 01-01-1997 for Pahang 01-04-1997 for Penang 24-04-1997 for Silver 18-06-1998 for Kelantan 23-10-1998 for Kedah 15-04-2005 for Melaka 15 Act A1129 25-02-2002 to Melaka 01-03-2002 for the Federal territory of Kuala Lumpur 01-03-2002 for Selangor Section Power amend the effect from the town and country planning 117 01-03-2002 for Pahang 06-06-2002 for Negeri Sembilan 19-07-2002 for Kedah 01-10-2002 for Penang 11-10-2002 for Silver 01-11-2002 for Johor 31-01-2003 for Perlis 01-02-2003 to Terengganu 01-11-2003 to Kelantan 16A A1129 Act 25-02-2002 to Melaka 01-03-2002 for the Federal territory of Kuala Lumpur 01-03-2002 for Selangor 01-03-2002 for Pahang 06-06-2002 for Negeri Sembilan 19-07-2002 for Kedah Section Power amend with effect from 118 laws of Malaysia ACT 172 01-10-2002 for Penang 11-10-2002 for Silver 01-11-2002 for Johor 31-01-2003 for Perlis 01-02-2003 to Terengganu 01-11-2003 to Kelantan 16B A1129 Act 25-02-2002 to Melaka 01-03-2002 for the Federal territory of Kuala Lumpur 01-03-2002 for Selangor 01-03-2002 for Pahang 06-06-2002 for Negeri Sembilan 19-07-2002 for Kedah 01-10-2002 for Penang 11-10-2002 for Silver 01-11-2002 for Johor Section Power amend the effect from the town and country planning 119 31-01-2003 for Perlis 01-02-2003 to Terengganu 01-11-2003 to Kelantan 20A A1129 Act 25-02-2002 to Melaka 01-03-2002 for the Federal territory of Kuala Lumpur 01-03-2002 for Selangor 01-03-2002 for Pahang 06-06-2002 for Negeri Sembilan 19-07-2002 for Kedah 01-10-2002 for Penang 11-10-2002 for Silver 01-11-2002 for Johor 31-01-2003 for Perlis 01-02-2003 for Terengganu 01-11-2003 to Kelantan Section Power amend with effect from 120 laws of Malaysia ACT 172 21 Act (LPA) 01-05-1996 for Selangor 01-06-1996 for Johor 01-10-1996 for Negeri Sembilan 11-10-1996 for Perlis 01-12-1996 for Terengganu 01-01-1997 for Pahang 01-04-1997 for Penang 24-04-1997 for Silver 18-06-1998 for Kelantan 23-10-1998 for Kedah 15-04-2005 for Act A1129 25-02-2002 to Melaka 01-03-2002 for the Federal territory of Kuala Lumpur 01-03-2002 for Selangor 01-03-2002 for Pahang Section Power amend with effect from urban planning and DESA 121 06-06-2002 for Negeri Sembilan 19-07-2002 for Kedah 01-10-2002 for Penang 11-10-2002 for Silver 01-11-2002 for Johor 31-01-2003 for Perlis 01-02-2003 to Terengganu 01-11-2003 to Kelantan 21A Act (LPA) 01-05-1996 for Selangor 01-06-1996 for Johor 01-10-1996 for Negeri Sembilan 11-10-1996 for Perlis 01-12-1996 for Terengganu 01-01-1997 for Pahang 01-04-1997 for Penang Section Power amend with effect from 122 laws of Malaysia ACT 172 24-04-1997 for Silver 18-06-1998 for Kelantan 23-10-1998 for Kedah 15-04-2005 for Act A1129 25-02-2002 for Malacca, 01-03-2002 for the Federal territory of Kuala Lumpur 01-03-2002 for Selangor 01-03-2002 for Pahang 06-06-2002 for Negeri Sembilan 19-07-2002 for Kedah 01-10-2002 for Penang 11-10-2002 for Silver 01-11-2002 for Johor 31-01-2003 for Perlis 01-02-2003 to Terengganu Section Power amend the effect from the town and country planning 123 01-11-2003 to Kelantan 21B Act (LPA) 01-05-1996 for Selangor 01-06-1996 for Johor 01-10-1996 for Negeri Sembilan 11-10-1996 for Perlis 01-12-1996 for Terengganu 01-01-1997 for Pahang 01-04-1997 for Penang 24-04-1997 for Silver
18-06-1998 for Kelantan 23-10-1998 for Kedah 15-04-2005 for Malacca 21C Act (LPA) 01-05-1996 for Selangor 01-06-1996 for Johor 01-10-1996 for Negeri Sembilan 11-10-1996 for Perlis Section Power amend with effect from 124 laws of Malaysia ACT 172 01-12-1996 for Terengganu 01-01-1997 for Pahang 01-04-1997 for Penang 24-04-1997 for Silver 18-06-1998 for Kelantan 23-10-1998 for Kedah 15-04-2005 for Melaka 22 Act A866 01-03-1994 Act (LPA) 01-05-1996 for Selangor 01-06-1996 for Johor 01-10-1996 for Negeri Sembilan 11-10-1996 for Perlis 01-12-1996 for Terengganu
01-01-1997 for Pahang 01-04-1997 for Penang 24-04-1997 for Silver Section Power amend the effect from the town and country planning 125 18-06-1998 for Kelantan 23-10-1998 for Kedah 15-04-2005 for Act A1129 25-02-2002 to Melaka 01-03-2002 for the Federal territory of Kuala Lumpur 01-03-2002 for Selangor 01-03-2002 for Pahang 06-06-2002 for Negeri Sembilan 19-07-2002 for Kedah 01-10-2002 for Penang 11-10-2002 for Silver 01-11-2002 for Johor 31-01-2003 for Perlis 01-11-2003 to Kelantan 22 (2) (aa) A1129 Act 01-02-2003 to Terengganu Power Section amend with effect from 126 laws of Malaysia ACT 172 22 (4) of Act A1129 01-02-2003 to Terengganu 26 Act (LPA) 01-05-1996 for Selangor 01-06-1996 for Johor 01-10-1996 for Negeri Sembilan 11-10-1996 for Perlis 01-12-1996 for Terengganu 01-01-1997 for Pahang 01-04-1997 for Penang 24-04-1997 for Silver 18-06-1998 for Kelantan 23-10-1998 for Kedah 15-04-2005 for Act A1129 25-02-2002 to Melaka 01-03-2002 for the Federal territory of Kuala Lumpur 01-03-2002 for Selangor Section Power amend the effect from the town and country planning 127 01-03-2002 for Pahang 06-06-2002 for Negeri Sembilan 19-07-2002 for Kedah 01-10-2002 for Penang 11-10-2002 for Silver 01-11-2002 for Johor 31-01-2003 for Perlis 01-02-2003 to Terengganu 01-11-2003 to Kelantan 27 Act (LPA) 01-05-1996 for Selangor 01-06-1996 for Johor 01-10-1996 for Negeri Sembilan 11-10-1996 for Perlis 01-12-1996 for Terengganu 01-01-1997 for Pahang Section Power amend with effect from 128 laws of Malaysia ACT 172 01-04-1997 for Penang 24-04-1997 for Silver 18-06-1998 for Kelantan 23-10-1998 for Kedah 15-04-2005 for Act A1129 25-02-2002 for Malacca, 01-03-2002 for the Federal territory of Kuala Lumpur 01-03-2002 for Selangor 01-03-2002 for Pahang 06-06-2002 for Negeri Sembilan 19-07-2002 for Kedah 01-10-2002 for Penang 11-10-2002 for Silver 01-11-2002 for Johor 31-01-2003 for Perlis Section Power amend the effect from the town and country planning 129 01-02-2003 to Terengganu 01-11-2003 to Kelantan 28 Act (LPA) 01-05-1996 for Selangor 01-06-1996 for Johor 01-10-1996 for Negeri Sembilan 11-10-1996 for Perlis 01-12-1996 for Terengganu 01-01-1997 for Pahang 01-04-1997 for Penang 24-04-1997 for Silver
18-06-1998 for Kelantan 23-10-1998 for Kedah 15-04-2005 for Act A1129 25-02-2002 to Melaka 01-03-2002 for the Federal territory of Kuala Lumpur Section Power amend with effect from 130 laws of Malaysia ACT 172 01-03-2002 for Selangor 01-03-2002 for Pahang 06-06-2002 for Negeri Sembilan 19-07-2002 for Kedah 01-10-2002 for Penang 11-10-2002 for Silver 01-11-2002 for Johor 31-01-2003 for Perlis 01-02-2003 to Terengganu 01-11-2003 to Kelantan 29 Act (LPA) 01-05-1996 for Selangor 01-06-1996 for Johor 01-10-1996 for Negeri Sembilan 11-10-1996 for Perlis 01-12-1996 for Terengganu Section Power amend the effect from the town and country planning 131 01-01-1997 for Pahang 01-04-1997 for Penang 24-04-1997 for Silver 18-06-1998 for Kelantan 23-10-1998 for Kedah 15-04-2005 for Act A1129 25-02-2002 to Melaka 01-03-2002 for the Federal territory of Kuala Lumpur 01-03-2002 for Selangor 01-03-2002 for Pahang 06-06-2002 for Negeri Sembilan 19-07-2002 for Kedah 01-10-2002 for Penang 11-10-2002 for Silver 01-11-2002 for Johor Section Power amend with effect from 132 laws of Malaysia ACT 172 31-01-2003 to Perlis
01-02-2003 to Terengganu 01-11-2003 to Kelantan 30 Act (LPA) 01-05-1996 for Selangor 01-06-1996 for Johor 01-10-1996 for Negeri Sembilan 11-10-1996 for Perlis 01-12-1996 for Terengganu 01-01-1997 for Pahang 01-04-1997 for Penang 24-04-1997 for Silver 18-06-1998 for Kelantan 23-10-1998 for Kedah 15-04-2005 for Act A1129 25-02-2002 to Melaka Section Power amend the effect from the town and country planning 133 01-03-2002 for the Federal territory of Kuala Lumpur 01-03-2002 for Selangor 01-03-2002 for Pahang 06-06-2002 for Negeri Sembilan 19-07-2002 for Kedah 01-10-2002 for Penang 11-10-2002 for Silver 01-11-2002 for Johor 31-01-2003 for Perlis 01-02-2003 to Terengganu 01-11-2003 to Kelantan 31A A1129 Act 25-02-2002 to Melaka 01-03-2002 for the Federal territory of Kuala Lumpur 01-03-2002 for Selangor Section Power amend with effect from 134 laws of Malaysia ACT 172 01-03-2002 for Pahang 06-06-2002 for Negeri Sembilan 19-07-2002 for Kedah 01-10-2002 for Penang 11-10-2002 for Silver 01-11-2002 for Johor 31-01-2003 for Perlis 01-02-2003 to Terengganu 01-11-2003 to Kelantan 35A Act (LPA) 01-05-1996 for Selangor 01-06-1996 for Johor 01-10-1996 for Negeri Sembilan 11-10-1996 for Perlis 01-12-1996 for Terengganu 01-01-1997 for Pahang Section Power amend the effect from the town and country planning 135 01-04-1997 for Penang 24-04-1997 for Silver 18-06-1998 for Kelantan 23-10-1998 for Kedah 15-04-2005 for Act A1129 25-02-2002 to Melaka 01-03-2002 for the Federal territory of Kuala Lumpur 01-03-2002 for Selangor

01-03-2002 for Pahang 06-06-2002 for Negeri Sembilan 19-07-2002 for Kedah 01-10-2002 for Penang 11-10-2002 for Silver 01-11-2002 for Johor 31-01-2003 for Perlis Section Power amend with effect from 136 laws of Malaysia ACT 172 01-02-2003 to Terengganu 01-11-2003 to Kelantan 35B Act (LPA) 01-05-1996 for Selangor 01-06-1996 for Johor 01-10-1996 for Negeri Sembilan 11-10-1996 for Perlis 01-12-1996 for Terengganu 01-01-1997 for Pahang 01-04-1997 for Penang 24-04-1997 for Silver 18-06-1998 for Kelantan 23-10-1998 for Kedah 15-04-2005 for Melaka 35 c Act (LPA) 01-05-1996 for Selangor 01-06-1996 for Johor Section Power amend the effect from the town and country planning 137 01-10-1996 for Negeri Sembilan 11-10-1996 for Perlis 01-12-1996 for Terengganu 01-01-1997 for Pahang 01-04-1997 for Penang 24-04-1997 for Silver 18-06-1998 for Kelantan 23-10-1998 for Kedah 15-04-2005 for Melaka 35 d Act (LPA) 01-05-1996 for Selangor 01-06-1996 for Johor 01-10-1996 for Negeri Sembilan 11-10-1996 for Perlis 01-12-1996 for Terengganu Section Power amend with effect from 138 laws of Malaysia ACT 172 01-01-1997 for Pahang
01-04-1997 for Penang 24-04-1997 for Silver 18-06-1998 for Kelantan 23-10-1998 for Kedah 15-04-2005 for Melaka 35E Act (LPA) 01-05-1996 for Selangor 01-06-1996 for Johor 01-10-1996 for Negeri Sembilan 11-10-1996 for Perlis 01-12-1996 for Terengganu 01-01-1997 for Pahang 01-04-1997 for Penang 24-04-1997 for Silver 18-06-1998 for Kelantan Section Power amend the effect from the town and country planning 139 23-10-1998 for Kedah 15-04-2005 for Act A1129 25-02-2002 to Melaka 01-03-2002 for the Federal territory of Kuala Lumpur 01-03-2002 for Selangor 01-03-2002 for Pahang 06-06-2002 for Negeri Sembilan 19-07-2002 for Kedah 01-10-2002 for Penang 11-10-2002 for Silver 01-11-2002 for Johor 31-01-2003 for Perlis 01-02-2003 to Terengganu 01-11-2003 to Kelantan 35F Act (LPA) 01-05-1996 for Selangor Section Power amend with effect from 140 laws of Malaysia ACT 172 01-06-1996 for Johor 01-10-1996 for Negeri Sembilan 11-10-1996 for Perlis 01-12-1996 for Terengganu 01-01-1997 for Pahang 01-04-1997 for Penang 24-04-1997 for Silver 18-06-1998 for Kelantan 23-10-1998 for Kedah 15-04-2005 for Malacca 35G Act (LPA) 01-05-1996 for Selangor 01-06-1996 for Johor 01-10-1996 for Negeri Sembilan 11-10-1996 for Perlis 01-12-1996 for Terengganu Section Power amend the effect from the town and country planning 141 01-01-1997 for Pahang 01-04-1997 for Penang 24-04-1997 for Silver 18-06-1998 for Kelantan 23-10-1998 for Kedah 15-04-2005 for Malacca 35H Act (LPA) 01-05-1996 for Selangor 01-06-1996 for Johor 01-10-1996 for Negeri Sembilan 11-10-1996 for Perlis 01-12-1996 for Terengganu 01-01-1997 for Pahang 01-04-1997 for Penang 24-04-1997 for Silver 18-06-1998 for Kelantan Power Section amend with effect from 142 laws of Malaysia ACT 172 23-10-1998 for Kedah 15-04-2005 for Act A1129 25-02-2002 to Melaka 01-03-2002 for the Federal territory of Kuala Lumpur 01-03-2002 for Selangor 01-03-2002 for Pahang 06-06-2002 for Negeri Sembilan 19-07-2002 for Kedah 01-10-2002 for Penang 11-10-2002 for Silver 01-11-2002 for Johor 31-01-2003 for Perlis 01-02-2003 to Terengganu 01-11-2003 to Kelantan 36 Act (LPA) 01-05-1996 for Selangor Section Power amend the effect from the town and country planning 143 01-06-1996 for Johor 01-10-1996 Negeri Sembilan, 11-10-1996 for Perlis 01-12-1996 for Terengganu 01-01-1997 for Pahang 01-04-1997 for Penang 24-04-1997 for Silver 18-06-1998 for Kelantan 23-10-1998 for Kedah 15-04-2005 for Act A1129 25-02-2002 to Melaka 01-03-2002 for the Federal territory of Kuala Lumpur 01-03-2002 for Selangor 01-03-2002 for Pahang 06-06-2002 for Negeri Sembilan Section Power amend with effect from 144 laws of Malaysia ACT 172 19-07-2002 for Kedah 01-10-2002 for Penang 11-10-2002 for Silver 01-11-2002 for Johor 31-01-2003 for Perlis 01-02-2003 to Terengganu 01-11-2003 Kelantan 38 Act A1129 25-02-2002 to Melaka 01-03-2002 for the Federal territory of Kuala Lumpur 01-03-2002 for Selangor 01-03-2002 for Pahang 06-06-2002 for Negeri Sembilan 19-07-2002 for Kedah 01-10-2002 for Penang 11-10-2002 for Silver Section Power amend the effect from the town and country planning 145 01-11-2002 for Johor 31-01-2003 for Perlis 01-02-2003 to Terengganu 01-11-2003 to Kelantan 52A Act (LPA) 01-05-1996 for Selangor 01-06-1996 for Johor 01-10-1996 for Negeri Sembilan 11-10-1996 for Perlis 01-12-1996 for Terengganu 01-01-1997 for Pahang 01-04-1997 for Penang 24-04-1997 for Silver 18-06-1998 for Kelantan 23-10-1998 for Kedah 15-04-2005 for Melaka Section Power amend with effect from 146 laws of Malaysia ACT 172 58 Act (LPA) 01-05-1996 for Selangor 01-06-1996 for Johor 01-10-1996 for Negeri Sembilan 11-10-1996 for Perlis 01-12-1996 for Terengganu 01-01-1997 for Pahang 01-04-1997 for Penang 24-04-1997 for Silver 18-06-1998 for Kelantan 23-10-1998 for Kedah 15-04-2005 for Act A1129 25-02-2002 to Melaka 01-03-2002 for the Federal territory of Kuala Lumpur 01-03-2002 for Selangor 01-03-2002 for Pahang
Section Power amend the effect from the town and country planning 147 06-06-2002 for Negeri Sembilan 19-07-2002 for Kedah 01-10-2002 for Penang 11-10-2002 for Silver 01-11-2002 for Johor 31-01-2003 for Perlis 01-02-2003 to Terengganu (except ss. 58 (1A) and (1B)) 01-11-2003 to Kelantan (except ss. 58 (1A) and (1B)) Section Power amend with effect from