Federal Territory (Planning) Act 1982

7/26/2019 Federal Territory (Planning) Act 1982

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FEDERAL TERRITORY (PLANNING) ACT 1982

ACT 267

Preamble

An Act to make provisions for the control and regulating of proper planning in the FederalTerritory, for the levying of development charges, and for purposes connected therewith or

ancillary thereto.

[Parts I, II & III !"th August #$%! Parts I' to ( #"th August #$%).*

+ IT -AT/ 0y the /uli 1ang 2aha 2ulia 3eri Paduka +aginda 1ang diPertuan Agong

with the advice and consent of the /ewan -egara and /ewan 4akyat in Parliament assem0led,

and 0y the authority of the same, as follows5

PART I

P46I2I-A41

1. S!r" "#"le$ a%%l#&a"#!' a' &!mme'&eme'".

7#8 This Act may 0e cited as the Feeral Terr#"!r (Pla''#'*) A&" 1982.

7!8 9ithout pre:udice to su0section 7;8, this Act shall apply only to the Federal Territory.

7;8 This Act shall come into force on such date as the 2inister may 0y notification in the t otherwise re?uires

@action area@ means an area or areas shown in any development plan or has 0een declared as such

in accordance with the provision of this Act to facilitate new development, redevelopment or

improvement

@agriculture@ includes horticulture, farming, the growing of crops, fruits, vegeta0les or trees or thegrowing of any %la'"+ for use as fodder, dairy farming, the 0reeding and keeping of livestock,

fish or 0ees, and the use of land for purposes ancillary to any of those activities or to any other

agricultural activities 0ut does not include the use of any land as a garden to 0e en:oyed together

with a 0uilding attached on the land

@amenities@ means such ?uality or condition of a place or area as contri0utes to its pleasantness,

harmony, and 0etter en:oyment, and includes open spaces, parks, recreation grounds, andplaygrounds

@Appeal +oard@ means the Appeal +oard constituted under section )"

@authorised officer@, in relation to any provision, means an officer designate in writing 0y the

ommissioner to 0e an authorised officer for the purposes of that provision


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@0uilding@ includes any house, hut, shed or roofed enclosure whether temporary or permanent and

whether or not used for the purpose of human ha0itation, and also any wall, fence, platform,

staging, gate, wireless, post, aerials and antenna used for transmission purposes, pillar, paling,

frame, hoarding, slip, 0athing and swimming pools, dock, wharf, pier, :etty, landing, stage or

0ridge, or any structure, support, or foundation connected to or with any of the foregoing

@0uilding operation@ means the demolition, erection, reerection, or e>tension of a 0uilding orstructure or part thereof and includes

7a8 any increase in height or floor space of a 0uilding

708 any addition to or alteration of a 0uilding that affects or is likely to affect its drainage orsanitary arrangements or its soundness

7c8 any addition to or alteration of a 0uilding, whether done 0efore or after completion of the

0uilding, that departs in any particular from any plan or specification approved at any time 0y any

authority empowered under any written law to approve the plan or specification in respect of that

0uilding

7d8 any addition to or alteration of a 0uilding that materially affects or is likely to materially affectthe 0uilding in any manner and

7e8 any other operation normally undertaken 0y a person carrying on the 0usiness of 0uilding

construction

@commerce@ means carrying on any trade, 0usiness or profession and includes the supply or offerto supply goods or services, the storage, or e>change of goods of any type whatsoever for purpose

of trade, 0usiness or profession, the running of private hospitals, nursing homes, infirmaries,

sanatorium, educational institutions, 0oarding houses and the esta0lishment of offices

@commercial use@ means the use of any land or 0uilding or part thereof for purposes of

commerce

@ommissioner@ means the ommissioner appointed under the Federal apital Act #$B

@omprehensive /evelopment Plan@ means the comprehensive development plan referred to as

plans -os.5 #B;$, #B)B and #B)# in the ity of Cuala 6umpur 7Planning8 Act, #$D;

@density@ means the intensity of use of land reckoned or e>pressed in terms of the num0er of

persons, dwelling units, or ha0ita0le rooms, or any com0ination of those factors, per unit area of

land

@development@ means the carrying out of any 0uilding, engineering, mining, industrial, or othersimilar operation in, on, over, or under land, and includes any change in the use of any land or

0uilding or any part thereof, or the su0division or amalgamation of lands

@development area@ means a part or the whole of an action area which is to 0e ac?uired in

accordance with section )D

@development charge@ means the development charge levied under section )B

@development order@ means the development order issued under this Act granting planning

permission with or without conditions for any development specified in such order


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@development plan@, in relation to an area means

7a8 the local plan for the area or

708 if there is no local plan for the area, the structure plan for the area

and, in relation to any land or 0uilding, means the development plan, as so defined, for the area in

which the land or 0uilding is situated

@enforcement notice@ means an enforcement notice served pursuant to section !D

@engineering operation@ includes the formation or levelling of land, the formation or laying out of

means of access to a road and the laying out of ca0les, mains or means of water supply sewerage

or drainage

@Federal Territory@ means the area as shown in the deposited plan identified 0y reference to

ternal

sides of walls or in the case of party walls, 0etween the centre of the party walls

@industry@ includes the carrying out of any manufacturing, fa0ricating, repairing assem0ling or

processing of agricultural produce or finishing process

@industrial use@ includes the use of any land or 0uilding or part thereof for purposes of industry

@land@ includes

7a8 the surface, and all su0stances forming the surface, of the earth

708 all su0stances 0elow the surface of the earth

7c8 all vegetation and other natural products, whether or not re?uiring periodical application of

la0our to their production, and whether on or 0elow the surface of the earth

7d8 all things, whether on or 0elow the surface of the earth, that are attached to the earth or

permanently fastened to any thing attached to the earth

7e8 land covered 0y water and

7f8 any estate or interest in, or right over, land

@local plan@ in relation to an area, means the local plan as prepared under section #;

@occupier@, in relation to any land or 0uilding includes

7a8 a tenant of the land or 0uilding

708 an owner of the land or 0uilding occupying or otherwise using the land or 0uilding

7c8 a person in actual occupation of the land or 0uilding or having the charge, management, or

control thereof, whether on his own account or as an agent of another person

0ut does not include a lodger


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@open space@ means any land whether enclosed or not which is laid out 7or reserved for laying

out8 wholly or partly as a pu0lic garden, park, sport and recreation ground or pleasure ground or

walk, or as a pu0lic place

@owner@, in relation to any land or 0uilding, means

7a8 the registered proprietor of the land

708 the registered lessee of a lease including a registered su0lessee

7c8 the agent or trustee of any of the persons descri0ed in paragraphs 7a8 and 708 if in the opinion

of the ommissioner that any of such persons cannot 0e traced

7d8 the legal personal representative of any of the persons descri0ed in paragraphs 7a8 and 708 if

any of such persons is dead

7e8 the person who for the time 0eing is receiving the rent of the premises in connection with

which the word is used whether on his own account or as agent or trustee for any other person or

as a receiver or who would receive the same if such premises were let to a tenant

@planning permission@ means permission granted with or without condition in a development

order to carry out any development specified in such order

@plinth area@ means the proportion of the area of any lot to 0e covered 0y 0uilding

@plot ratio@ means the ratio 0etween the total floor area of a 0uilding and the area of the 0uilding

plot

@pu0lic place@ includes any place, 0uilding or road which is open to the use and en:oyment of thepu0lic or where the pu0lic have or are permitted to have access whether on payment or otherwise

@purchase notice@ means a purchase notice referred to in section )

@re?uisition notice@ means a re?uisition notice referred to in section ;B

@residence@ means the use of human ha0itation of any land or 0uilding or part thereof includinggardens, grounds, garages, sta0les, and outhouses, appertaining to such 0uilding

@road@ means any road whether pu0lic or private and includes any street, s?uare, court, alley,

lane, 0ridge, footway, track, 0ridle path, passage, or highway, whether thoroughfare or not over

which the pu0lic has a right of way

@structure plan@, in relation to an area, means a written statement accompanied 0y diagrams,

illustrations and other descriptive matter containing policies and proposals in respect of the

development and use of land in the area and may indicate action area and @draft structure plan@

shall 0e construed as the te>t re?uires

@use@, in relation to any land, means any use of the land other than merely for the keeping or

storage of materials and e?uipment intended to 0e employed in the construction or erection of a

0uilding on the land, or as a site for temporary 0uilding for the accommodation of workers

involved in the construction or erection of the 0uilding

@utility@ includes roads, water and electricity supplies, telephone services, street lighting,

sewerage, drainage, pu0lic works, and other similar pu0lic services and conveniences.


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7!8 For the avoidance of dou0t in construing the scope of any change in the use of land for

purposes of this Act, it is decided that

7a8 the use of land as a place for depositing refuse or waste materials involves a change in the use

of land, notwithstanding that the land is comprised of a site already used for that purpose if the

superficial area or the deposit is there0y e>tended

708 any use of land or part thereof which contravenes or is inconsistent with or contrary to any

provision of the development plan involves a change in the use of the land.

7;8 For the avoidance of dou0t in construing the scope of any change in the use of 0uilding for

purposes of this Act, it is declared that

7a8 any increase in the num0er of units in any 0uilding to more than the num0er originally

approved 0y any authority empowered under any written law to give such approval for the

0uilding involves a change in the use of the 0uilding

708 the use as a dwelling house of any 0uilding, not originally constructed for human ha0itation

involves a change in the use of the 0uilding

7c8 any alteration or addition to that part of the 0uilding 7whether such part is in the interior of the

0uilding or attached to the e>terior of the 0uilding8 which a0uts into any regular line of street as

prescri0ed 0y or defined in any written law relating to streets, drainage and 0uilding involves a

change in the use of the 0uilding

7d8 any use of a 0uilding or part thereof which contravenes or is inconsistent with or contrary toany provision of the development plan involves a change in the use of the 0uilding

7e8 the use for other purposes of a 0uilding or part thereof originally constructed as a dwellinghouse involves a change in the use of the 0uilding.

PART II

FE-TI-3 A-/ P943 F TG 22I33I-4,. Ge'eral %la''#'* %!l#&.

The 2inister shall 0e responsi0le for general policy with respect to the planning of the

development of all lands within the Federal Territory and 7su0:ect to lauses 7"8 and 78 of Article

$# of the onstitution8 of the use of such lands and 0uildings and for such purposes the 2inister

may give directions of a general character or specific in nature not inconsistent with the

provisions of this Act and the ommissioner shall give effect to such directions.

-. A#+!r /!ar.

7#8 There shall 0e esta0lished for the purpose of this Act a 0ody to 0e known as the Federal

Territory Planning Advisory +oard, which in this Act is referred to as the @Advisory +oard@, to

advise the 2inister upon

7a8 the draft structure plan

708 the draft local plan

7c8 the declaration and revocation of action areas

7d8 the declaration of development areas or


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7e8 such other matters as the 2inister may from time to time refer to the Advisory +oard.

7!8 The Advisory +oard shall consist of

7a8 the 3ecretary ecutive ommittee esta0lished under the -ational 6and ode

7c8 the /irector


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7)8 9here the ommissioner delegates the e>ercise of any powers or the performance of any

duties to any person pursuant to su0section 7;8, the person so delegated shall in this Act 0e

referred to as an authorised officer.

7"8 The ommissioner may appoint with the approval of the 2inister and su0:ect to such terms

and conditions as may 0e specified in the letter of appointment, agents to transact any 0usiness or

to do any act re?uired to 0e transacted or done in the e>ecution of his functions, powers andduties or for the 0etter carrying into effect the purpose of this Act and the agent so appointed

shall in this Act 0e referred to as the authorised agent.

6. F'&"#!'+ ! "e C!mm#++#!'er.

7#8 3u0:ect to the provisions of this Act, the functions of the ommissioner shall 0e to regulate,

control and plan the development of all lands within the Federal Territory and the use of such

lands and 0uildings and to perform any such other functions as the 2inister may assign to him.

7!8 In particular and without pre:udice to the generality of the foregoing provisions, the

ommissioner may, and shall if directed 0y the 2inister

7a8 prepare and implement the development plan

708 undertake, assist and encourage the collection, maintenance and pu0lication of statistics,

0ulletins and other pu0lications relating to town planning

7c8 prepare and furnish reports relating to the working of this Act and

7d8 perform any other function which is supplemental, incidental or conse?uential to any of the

functions aforesaid or which may 0e assigned 0y the 2inister.

7;8 The ommissioner may e>ercise all such powers as may 0e necessary or e>pedient for the

purposes of carrying out his functions under this Act.

PART III

/'6P2-T P6A-3

7. Dra" +"r&"re %la'$ %r!&ere ! %bl#& '!"#&e a' ear#'* ! !b4e&"#!'+.

7#8 n the date of this Act coming into force or as soon as possi0le thereafter, the ommissioner

shall su0mit the draft structure plan prepared 0y him to the 2inister for the 2inisterHs consent to

pu0lish a pu0lic notice in the tended 0y the

ommissioner if he considers it necessary.


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7;8 For the purpose of considering and reporting on any o0:ection made pursuant to su0section 7!8

the 2inister shall appoint a ommittee hereinafter in this Act referred to as the @the ommittee@

comprising of not less than three persons to 0e appointed 0y the 2inister.

7)8 If no o0:ection is received, the ommissioner shall on the e>piry of the period within which

o0:ections may 0e made su0mit the draft structure plan to the 2inister for his decision pursuant

to section %.

7"8 9here any o0:ection is received, the ommissioner shall inform the ommittee who shall

consider and report on such o0:ection.

78 In considering any o0:ection the ommittee shall as soon as practica0le hear any personincluding representatives of

months or such e>tended period as the 2inister may allow after the date of

the last hearing make a report to the ommissioner and the ommissioner shall consider thereport of the ommittee and may make such amendments to the draft structure plan as he

considers proper and shall su0mit the draft structure plan with or without amendments together

with the report of the ommittee to the 2inister not later than three months from the date of the

receipt of the report from the ommittee or such other e>tended period as the 2inister may allow.

8. A%%r!al !r re4e&"#!' ! ra" +"r&"re %la' b "e 5#'#+"er.

As soon as may 0e after the receipt of the draft structure plan, pursuant to su0section 7)8 or 7D8 of

section D the 2inister may

7i8 approve it or

7ii8 approve it with such modifications, as he may consider necessary or

7iii8 return it to the ommissioner for further consideration 0efore granting his approval or

7iv8 re:ect the plan.

9. Pbl#&a"#!' ! %bl#& '!"#&e &!'&er'#'* "e a%%r!e ra" +"r&"re %la'.

7#8 Immediately after the draft structure plan has 0een approved 0y the 2inister, the

ommissioner shall pu0lish a pu0lic notice in the


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replacement in whole or in part to the plan as appear to the ommissioner to 0e e>pedient or as

the 2inister may direct, as the case may 0e.

7!8 For the purpose of making proposals to carry out any alteration, addition, revision or

replacement in whole or in part to the structure plan, the ommissioner may at his own instance

and shall, if so directed 0y the 2inister, institute such survey as may 0e necessary to e>amine the

matters that may 0e e>pected to affect the development or the proper planning of the developmentof the Federal Territory.

7;8 9ithout pre:udice to the generality of su0sections 7#8 and 7!8 the matters to 0e e>amined may

include

7a8 the principal physical, economic, environmental and social characteristics including the

principal land uses of the Federal Territory, and so far as they may 0e e>pected to affect the

Federal Territory and those of the neigh0ouring areas

708 the si=e, composition, and distri0ution of the population of the Federal Territory whether

resident or not

7c8 without pre:udice to paragraph 7a8, the communication, transport system, and traffic of theFederal Territory, and so far as they may 0e e>pected to affect the Federal Territory, those of the

neigh0ouring areas

7d8 any matters not mentioned in any of the preceding paragraphs that may 0e e>pected to affect

any matters so mentioned

7e8 such other matters as may 0e prescri0ed or as the 2inister may in any particular case specify

and

7f8 any changes already pro:ected in any of the matters mentioned in any of the preceding

paragraphs and the effect that those changes are likely to have on the development, or the

planning of the development of the Federal Territory.

7)8 In formulating his policy and general proposals for the alteration, addition, revision or

replacement in whole or in part of the structure plan, the ommissioner shall have regard to

current policies in respect of the social and economic planning and development, the

environmental protection of the nation and region and such other matters as the 2inister may

direct him to take into account.

11. C!'+e'" ! "e 5#'#+"er a' %bl#&a"#!' ! '!"#&e.

Epon the proposals having 0een prepared under section #B the ommissioner shall as soon as

possi0le 0ut in any case not later than the time, if any, prescri0ed 0y the 2inister su0mit to the

2inister for his consent to pu0lish a pu0lic notice of the proposals, and su0sections 7!8, 7;8, 7)8,

7"8, 78 and 7D8 of section D and sections % and $ shall apply, with such modifications as may 0enecessary in relation to the draft structure plan.

12. De&lara"#!' a' re!&a"#!' ! a&"#!' area.

The ommissioner with the approval of the 2inister may at any time 0y notification in the


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1,. Pre%ara"#!' ! ra" l!&al %la'+.

7#8 The ommissioner in the course of preparing a draft structure plan for the Federal Territory or

0efore the 2inister approves or re:ects a draft structure plan that the ommissioner has prepared,

may, if he thinks it desira0le, prepare a draft local plan for any part of the area.

7!8 9here a structure plan for the Federal Territory has come into effect, the ommissioner shallas soon as practica0le consider, and thereafter keep under review, the desira0ility of preparing

and, if he considers it desira0le and he has not already done so, shall prepare, a draft local plan

for any part or for the whole of the Federal Territory.

7;8 A draft local plan shall consist of a map and a written statement and shall

7a8 formulate, in such detail as the ommissioner thinks appropriate, his proposals for the

development and use of land in the area of the local plan, including such measures as the

ommissioner thinks fit for the improvement of the physical environment and the improvement

of transportation and

708 contain such matters as the 2inister may in any particular case specify.

7)8 A draft local plan for an area shall 0e accompanied 0y such diagrams, illustrations, and

descriptive matter as the ommissioner thinks appropriate for the purpose of e>plaining or

illustrating the proposals in the plan and the diagrams, illustrations, and descriptive matter shall

0e treated as forming part of the plan.

7"8 If an area is indicated as an action area in a structure plan or declared to 0e an action areaunder section #!, the ommissioner shall, as soon as practica0le after the structure plan comes

into effect, prepare a draft local plan for that area.

78 In formulating his proposals in a draft local plan, the ommissioner shall ensure that the

proposals conform generally to the structure plan as it stands for the time 0eing, whether or not it

has come into effect, and shall have regard to any information and other considerations that

appear to him to 0e relevant, or that may 0e prescri0ed, or that the 2inister may in any particularcase direct him to take into account.

1-. Pbl#" #' &!''e&"#!' 3#" ra" l!&al %la'.

9hen the ommissioner has prepared a draft local plan, he shall, 0efore adopting it under section

# 0ut not 0efore the structure plan comes into effect, pu0lish a pu0lic notice in the


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so as to take account of the o0:ections or representations or for any matters arising therefrom, and

thereupon the plan shall come into effect.

7!8 The ommissioner shall cause the fact of his adoption of a draft local plan to 0e pu0lished in

the


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7#8 9ithout pre:udice to su0section 7!8 of section #$, no person shall commence, undertake or

carry out any development irrespective of whether or not the development is in conformity with

the development plan unless

7a8 a development order granting planning permission in respect of the development has 0een

issued to him under this Act and

708 where in respect of a development the provisions of section )B apply, he has complied with

the provisions of section )#.

7!8 -otwithstanding su0section 7#8, no planning permission shall 0e necessary

7a8 for carrying out such works necessary for the maintenance, improvement or other alteration of

any 0uilding which affect only the interior of the 0uilding and which do not

7i8 involve any change in the use of the land or 0uilding

7ii8 materially affect the e>ternal appearance of the 0uilding

7iii8 involve any increase in height or floor spaces of the 0uilding

7iv8 involve any addition to or alteration of a 0uilding which affects or is likely to affect its

drainage, sanitary arrangements or its soundness or

7v8 contravene or 0e inconsistent with any provision in the development plan

708 for any minor works or for the construction of awnings or e>tensions of such si=e and

materials as the ommissioner may 0y policy decision e>empt

7c8 for the carrying out 0y the Federal or the 3tate ceeding one month or such further period

as the ommissioner may allow for purposes of

7i8 a temporary mo0ile cinema, theatre, or show

7ii8 a temporary amusement park, fair, or e>hi0ition or

7iii8 a temporary ceremony or festivity of a religious, social, or other character

and for any development necessary to give effect to such use


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7h8 for the construction or erection on any land of temporary 0uildings for the accommodation of

works involved in the construction or erection of a 0uilding on the land, for which planning

permission has 0een granted

7i8 for the use of any land or 0uilding within the curtilage of a dwellinghouse for any purpose

incidental to the en:oyment of the dwellinghouse as such or

7:8 for the making of such change in the use of land or 0uilding as the ommissioner may

prescri0e to 0e a change for which no planning permission is necessary.

21. A%%l#&a"#!' !r %la''#'* %erm#++#!'.

7#8 An application for planning permission in respect of a development shall 0e made to the

ommissioner and shall 0e in such form and shall contain such particulars and 0e accompanied

0y such documents, plans and fees as may 0e prescri0ed.

7!8 If the applicant is not the owner of the land on which the development is to 0e carried out, the

written consent of the owner thereof to the proposed development shall 0e o0tained and endorsed

on the application.

7;8 9here the development involves the erection of a 0uilding, the ommissioner may give

written directions to the applicant in respect of any of the following matters, that is to say

7a8 the level of the site of the 0uilding

708 the line of frontage with neigh0ouring 0uildings

7c8 the elevations of the 0uildings

7d8 the class, design, and appearance of the 0uilding

7e8 the setting 0ack of the 0uilding to a 0uilding line

7f8 access to the land on which the 0uilding is to 0e erected and

7g8 any other matter that the ommissioner considers necessary for purposes of planning.

7)8 The applicant to whom any written directions are given under su0section 7;8 shall if re?uired

0y the ommissioner amend the plan su0mitted with his application accordingly and resu0mit the

plan within such period or e>tended period as the ommissioner may specify.

7"8 If the plan is not resu0mitted within the specified period or e>tended period, the application

for planning permission shall 0e deemed to have 0een withdrawn 0ut the applicant may su0mit a

fresh application.

22. Deel!%me'" !rer.

7#8 The ommissioner shall have power e>ercisa0le at his discretion to grant planning permission

or to refuse to grant planning permission in respect of any development irrespective of whether or

not such development is in conformity with the development plan provided however the e>erciseof the discretion 0y the ommissioner under this su0section shall 0e su0:ect to the provisions of

su0section 7)8 and section !;.


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7!8 9here the ommissioner decides to grant planning permission in respect of a development he

may issue a development order

7a8 granting planning permission without any condition in respect of the development

708 granting planning permission su0:ect to such condition or conditions as the ommissioner

may think fit in respect of the development

Provided that the ommissioner shall not issue a development order under this su0section unless

he is satisfied that the provision of section )# relating to the assessment of development charges

has 0een complied with.

7;8 9ithout pre:udice to the generality of paragraph 708 of su0section 7!8, the ommissioner may

impose any or all of the following conditions

7a8 to the effect that the development order granting planning permission in respect of any change

of use of land or 0uilding is only for a limited period and after the e>piry of that period the use of

the land or 0uilding as authorised under such development order shall cease to have any effect

and the land or 0uilding shall 0e reverted to its original use and

708 to regulate

7i8 the development and use of any other land which is under the control of the applicant and

which is ad:oining the land for which planning permission is to 0e granted for the development

thereof and

7ii8 the works that may 0e carried out on such other land in the manner and to the e>tent as may

appear to the ommissioner to 0e e>pedient with regard to the development for which planning

permission is to 0e granted.

7)8 The ommissioner in dealing with an application for planning permission shall take into

consideration such matters as are in his discretion e>pedient or necessary for purposes of proper

planning and in this connection 0ut without pre:udice to the discretion of the ommissioner todeal with such application, the ommissioner shall as far as practica0le have regard to

7a8 the provisions of the development plan and where the local plan has not 0een adopted, the

omprehensive /evelopment Plan and

708 any other material consideration

Provided that, in the event of there 0eing no local plan for an area and the ommissioner is

satisfied that any application for planning permission should not 0e considered in the interest of

proper planning until the local plans for the area have 0een prepared and adopted under this Actthen the ommissioner may either re:ect or suspend the application.

7"8 Epon the receipt of an application for planning permission the ommissioner shall withinsuch time as may 0e prescri0ed either grant or refuse the application and when the application is

granted su0:ect to condition or refused, the ommissioner shall give his reasons in writing for his

decision.

78 9here a development order is granted, whether with or without conditions, it shall 0e

conveyed to the applicant in the prescri0ed form.

2,. A%%eal a*a#'+" e+#!' ! C!mm#++#!'er.


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7#8 An appeal against the decision of the ommissioner made under su0section 7#8 or 7!8 of

section !! may 0e made to the Appeal +oard within one month from the date of communication

of such decision to him, 0y any applicant aggrieved 0y the decision of the ommissioner in

refusing his application for planning permission or who is aggrieved 0y any condition imposed 0y

the ommissioner in granting the planning permission in respect of his application.

7!8 In considering any appeal the Appeal +oard shall hear the appellant and the ommissioner.

7;8 After hearing the appeal, the Appeal +oard may make an order

7a8 confirming the decision of the ommissioner and dismissing the appeal or

708 allowing the appeal 0y directing the ommissioner to grant planning permission su0:ect to

such conditions as the Appeal +oard may think fit or

7c8 allowing the appeal 0y directing the ommissioner to remove or modify any condition su0:ect

to which planning permission has 0een granted or to replace such condition with such other

condition as the Appeal +oard may think fit.

2-. La%+e ! eel!%me'" !rer.

7#8 A development order issued under this Act shall unless otherwise e>tended 0e valid for twelvemonths from the date of the issue of the order within which time the development shall

commence in the manner specified in such order or the 0uilding plans in respect of the

development shall 0e su0mitted in accordance with any law relating to the erection of 0uildings

Provided that this su0section shall not apply in respect of a development order which is e>pressly

mentioned therein that the planning permission granted does not involve any 0uilding operation.

7!8 n an application 0eing made in that 0ehalf in the prescri0ed manner 0efore the e>piry of the

period referred to in su0section 7#8 the ommissioner may on the payment of the prescri0ed fee

0y the applicant grant such e>tension or e>tensions to a development order as the ommissioner

may deem fit.

7;8 In granting an e>tension or further e>tension of a development order under su0section 7!8, the

ommissioner may impose such conditions on the development order as he thinks fit or vary the

conditions originally imposed and section !; shall apply with the necessary modifications to the

imposition or variation of conditions under this section as it applies to the imposition of

conditions under su0section 7!8 of section !!.

20. Re!&a"#!' a' m!##&a"#!' ! eel!%me'" !rer$ %erm#++#!' a' a%%r!al.

7#8 If it appears to the ommissioner that any development order issued under this Act or underPart ' of the ity of Cuala 6umpur 7Planning8 Act, #$D; should 0e revoked or modified, the

ommissioner may order such development order or permission or approval to 0e revoked or

modified to such e>tent as appears to him to 0e necessary.

7!8 An order revoking a development order or a planning permission or an approval of a 0uilding

plan shall state the period within which the person to whom the permission or approval was

granted is re?uired to demolish any 0uilding erected pursuant to the permission or approval andthe ma>imum amount that the ommissioner is prepared to reim0urse the person in respect of

costs incurred 0y him in carrying out the demolition.


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7;8 If, within the period stated in the revocation order or such longer period as the ommissioner

may allow, demolition has not 0een carried out or completed, the ommissioner may himself and

at his own e>pense carry out or complete the demolition.

7)8 If demolition has 0een completed 0y the person to whom the development order or planning

permission or approval of the 0uilding plan was issued, the ommissioner shall reim0urse the

person the costs actually and reasona0ly incurred 0y him in carrying out the demolition, 0ut note>ceeding the amount stated in the revocation order.

7"8 If demolition has 0een partially carried out 0y the person to whom the development order or

planning permission or approval of the 0uilding plan was issued 0ut completed 0y the

ommissioner, the ommissioner shall assess the amount that the demolition would have cost

had it 0een carried out entirely 0y the ommissioner and determine the amount of the costs

actually and reasona0ly incurred 0y the ommissioner in completing the demolition, and shall

pay the person 0y way of reim0ursement of his costs the difference 0etween the two amounts or

the costs actually and reasona0ly incurred 0y the person in carrying out his part of the demolition,

whichever is the lesser amount, 0ut in no case shall the ommissioner 0e 0ound to pay any

amount 0eyond the amount stated in the revocation order.

78 If a development order or a planning permission or an approval of a 0uilding plan is revoked

under su0section 7#8 and the person to whom such order, permission or approval was issued

claims from the ommissioner within the time and in the manner prescri0ed, compensation for

any e>penditure incurred 0y him in carrying out works to implement the permission or approval

prior to its revocation or modification, the ommissioner shall, after giving the person a

reasona0le opportunity to 0e heard, offer such compensation to him as the ommissioner thinks

ade?uate.

7D8 9here a development order a planning permission or an approval of a 0uilding plan is

modified under su0section 7#8, the ommissioner shall reim0urse the person to whom such order,

permission or approval was issued the costs actually and reasona0ly incurred 0y him in

implementing the modification, 0eing costs that he would not have incurred had the modification

not 0een ordered, and shall compensate him for any loss suffered as a result of the modification.

7%8 If any person is aggrieved 0y the amount of any reim0ursement or compensation offered or

paid to him under this section, he may, within the time and in the manner prescri0ed, appeal to the

Appeal +oard and the Appeal +oard shall assess the amount of reim0ursement or compensation

to 0e paid.

26. Oe'&e+ rela"#'* "! 'a"!r#+e eel!%me'".

7#8 Any person who whether at his own instance or at the instance of any other person

7a8 commences, undertakes or carries out development in contravention of su0section 7#8 of

section #$ or uses or permits to 0e used 0y any land in contravention of that section

708 commences, undertakes or carries out development in contravention of su0section 7#8 of

section !B

7c8 commences, undertakes or carries out the development in contravention of any condition

specified in a development order granting planning permission in respect of such development

7d8 commences, undertakes or carries out any development where the development order in

respect of such development has lapsed under section !)


17/33

7e8 commences, undertakes or carries out any development where the development order or

permission or approval for 0uilding plan as the case may 0e in respect of such development has

0een revoked pursuant to section !" or su0section 7!8 of section )# or

7f8 commences, undertakes or carries out development where the development order or the

permission or approval for 0uilding plan as the case may 0e in respect of such development has

0een modified pursuant to section !" as a result of which the development so commenced,undertaken or carried out 0y such person is inconsistent with such modified development order or

permission or approval,

is guilty of an offence and on conviction is lia0le to a fine not e>ceeding fifty thousand ringgit

and in the case of a continuing offence to a further fine which may e>tend to five hundred ringgit

for every day during which the offence continues after conviction for the first commission of the

offence.

7!8 The owner of the land in respect of which any act that constitutes an offence under su0section

7#8 is done shall 0e deemed to have permitted the doing of that act and is lia0le for the like

offence to the like penalty.

7;8 9here the use of land or 0uilding is permitted to 0e continued 0y the ommissioner pursuantto the provisions of su0section 7!8 of section #$, any person who continues such use on or after

the e>piry of the period specified in the permit allowing such use or who continues such use in

contravention of any terms or conditions under which such use is permitted, is guilty of an

offence and on conviction is lia0le to a fine not e>ceeding twentyfive thousand ringgit and in the

case of a continuing offence to a further fine which may e>tend to five hundred ringgit for every

day during which the offence continues after conviction for the first commission of the offence.

27. E'!r&eme'" '!"#&e rela"#'* "! eel!%me'" &arr#e !" #' &!'"rae'"#!' ! "e la3.

9here it appears to the ommissioner that any development or use of land or 0uilding has 0een

undertaken or carried out or 0eing carried out and has not 0een completed in contravention of

section ! the ommissioner may at any time serve on the owner of the land and or the occupierconnected therewith an enforcement notice re?uiring any or 0oth of them within such period asmay 0e specified therein to comply with the re?uirements of the enforcement notice5

Provided that nothing in this section shall 0e construed to preclude the prosecution of any person

for an offence under this Act.

28. Ee&" ! e'!r&eme'" '!"#&e +ere %r+a'" "! +e&"#!' 27.

7#8 Any person on whom an enforcement notice is served pursuant to section !D and who is

aggrieved 0y such notice may within the period and in the manner prescri0ed apply for planning

permission in respect of the development or for the retention on the land of any 0uildings or

works or for the continuance of any use of the land, to which the enforcement notice relates.

7!8 If an application for planning permission is made under su0section 7#8 the ommissioner shall

have power e>ercisa0le at his discretion to determine whether to suspend the enforcement noticeor proceed to take action in terms of the notice.

7i8 the provisions of section !# shall apply to any application for planning permission under this

section provided however in addition to any fees re?uired to 0e paid under section !# a further

fine as may 0e provided shall 0e paya0le for an application made under this section


18/33

7ii8 the ommissioner shall have power e>ercisa0le at his discretion to grant planning permission

or to refuse to grant planning permission with respect to an application made under this section

and the provisions of su0sections 7!8 to 78 of section !! shall apply to an application made under

this section

7iii8 if planning permission is granted with respect to an application, the enforcement notice shall

not take effect or if planning permission is granted for the retention only of some 0uildings orworks or for the continuance of use of only a part of the land the enforcement notice shall not

take effect regarding such 0uildings or works or such part of the land, 0ut shall have full effect

regarding other 0uildings, works or other parts of the land.

29. Pe'al" !r '!':&!m%l#a'&e 3#" e'!r&eme'" '!"#&e +ere %r+a'" "! +e&"#!' 27.

7#8 9ithout pre:udice to su0section 7)8, if within the period specified in the enforcement notice

served pursuant to section !D or, as the case may 0e, within such period as may 0e specified 0y

the ommissioner after the withdrawal or refusal of the application for planning permission made

in connection therewith, the enforcement notice or so much of it as continues to have effect is not

complied with the ommissioner or any authorised officer may enter with or without workmen

upon the land and take such steps as may 0e necessary to e>ecute the enforcement notice

including the demolition or alteration of any 0uilding or works or the removal of any goods,

vehicles or things from any 0uilding or land.

7!8 The ommissioner may re?uest the officer in charge of the police district in which action is to

0e taken to provide police officers to render assistance to any authorised officer in taking any

action 0y virtue of su0section 7#8 and it shall 0e the duty of the officer in charge of the police

district to comply with the re?uest of the police officers provided in compliance therewith to

render such assistance.

7;8 9here the ommissioner e>ercises the power under su0section 7#8, he may recover any

e>penses and costs incurred 0y him from the owner of the land in the same manner as an action to

recover rates under any written law relating to local government.

7)8 Any person who fails to comply with any re?uirement of the enforcement notice servedpursuant to section !D within such period as may 0e specified therein or, as the case may 0e,

within such period as may 0e specified 0y the ommissioner after the withdrawal or refusal of

the application for planning permission made in connection therewith is guilty of an offence and

on conviction is lia0le to a fine not e>ceeding twenty thousand ringgit and in the case of a

continuing offence to a further fine which may e>tend to five hundred ringgit for every day

during which the offence continues after conviction for the first commission of the offence.

,. Re#+#"#!' '!"#&e.

7#8 9ithout pre:udice to section !D, if the ommissioner is satisfied

7a8 that any use of land should 0e discontinued or

708 that conditions should 0e imposed on the continued use thereof or

7c8 that any 0uilding or works on any land should 0e altered or removed, the ommissioner may,

0y notice, which in this Act is referred to as the @re?uisition notice@, served on the owner of the

land

7i8 re?uire the discontinuance of that use or


19/33

7ii8 impose such conditions for the continued use of the land as may 0e specified in the re?uisition

notice or

7iii8 re?uire such steps as may 0e specified in the re?uisition notice to 0e taken for the alteration

or removal of the 0uildings or works as the case may 0e

and the owner shall, within such period as may 0e specified in the re?uisition notice, not 0eingless than one month from the date of service of the notice, comply with such re?uirements or

conditions.

7!8 A person aggrieved 0y a re?uisition notice may, within the period stated therein and in the

manner prescri0ed, appeal to the Appeal +oard.

7;8 If an appeal is filed under su0section 7!8, the re?uisition notice shall 0e suspended until the

determination or withdrawal of the appeal.

7)8 In considering an appeal under su0section 7!8, the Appeal +oard shall hear the appellant and

the ommissioner.

7"8 If the owner of the land to which the re?uisition notice relates has, in conse?uence ofcomplying with the notice, suffered damage in the form of a depreciation in the value of the land

or incurred e>penses or costs in carrying out works in compliance with the notice, he may claim

from the ommissioner, within the time and in the manner prescri0ed, compensation for the

damage, e>penses or costs.

78 If a claim is made under su0section 7"8 the ommissioner shall, after giving the personmaking the claim an opportunity to 0e heard, offer him such compensation as the ommissioner

considers ade?uate.

7D8 If the person to whom compensation is offered under su0section 78 is aggrieved 0y the

amount thereof, he may, within the time and in the manner prescri0ed, appeal to the Appeal +oard

and the Appeal +oard shall assess the amount of compensation to 0e paid.

7%8 A person who fails to comply with a re?uisition notice served on him under su0section 7#8

within the period specified therein or, where an appeal has 0een made under su0section 7!8,

within such period after the determination or withdrawal of the appeal as may 0e specified 0y the

ommissioner commits an offence and is lia0le, on conviction, to a fine not e>ceeding ten

thousand ringgit and, in the case of a continuing offence, to a further fine which may e>tend to

five hundred ringgit for each day during which the offence is continued after the conviction for

the first commission of the offence.

7$8 9ithout pre:udice to su0section 7%8 if within the time specified in the re?uisition notice, there

is no compliance, the ommissioner or any person so authorised 0y him, may enter with or

without workmen upon the land and take such steps as may 0e necessary to e>ecute the

re?uisition notice including the demolition or alteration of any 0uilding or works or removal ofany goods, vehicles or things from any 0uilding or land and in such event su0sections 7!8 and 7;8

of section !$ shall mutatis mutandis apply.

PART

P434'ATI- A-/ P6A-TI-< F T43

,1. Pr!#+#!' !r %re+era"#!' a' %la'"#'* ! "ree+.


20/33

7#8 It shall 0e the duty of the ommissioner whenever it is appropriate at the time of granting

planning permission or at any time thereafter to impose conditions for the preservation or

planting of trees and the making up of open spaces.

7!8 The ommissioner may at the time of granting permission and at any time thereafter re?uire

the applicant to deposit and deposit further with the ommissioner such amount as the

ommissioner may determine to ensure that

7a8 the condition for the preservation or planting of trees will 0e complied with and

708 any open spaces are made up according to the approved plans and specifications.

7;8 The amount determined 0y the ommissioner shall 0e deposited within such period as may 0e

specified 0y the ommissioner.

,2. C!mm#++#!'er ma &a+e "ree+ "! be %r!%erl %la'"e.

7#8 If

7a8 the condition for the preservation and planting of trees is not complied with or

708 the open spaces are not made up in accordance with the approved plans and specifications, to

the satisfaction of the ommissioner in any case where a deposit has 0een made under section ;#,

the ommissioner may, at any time, after service of a notice on the person who made the deposit

cause the trees to 0e planted, or e>ecute or cause works to 0e carried out to ensure that the open

spaces are made up in accordance with the approved plans and specifications.

7!8 The cost of any works to 0e carried out 0y the ommissioner under su0section 7#8 shall 0e

recovered from the deposit made under section ;#.

,,. Re' ! e%!+#" !' &!m%le"#!' ! 3!r;+.

7#8 9here a deposit has 0een made under section ;# and the trees have 0een planted, or the openspaces are made out in accordance with the approved plans and specifications, the ommissioner

may, upon an application 0eing made refund to the person who made the deposit the whole or part

of the deposit.

7!8 The ommissioner may retain the deposit or part thereof if he is of the opinion that

7a8 the trees have not 0een properly planted or

708 the open spaces have not 0een properly made out in accordance with the approved plans and

specifications or

7c8 it is re?uired for a period of maintenance, which period shall not e>ceed twelve months from

the date of completion of the works descri0ed in the approved plans and specifications.

,-. Re' ! e%!+#" 3ere b#l#'* 3!r;+ are '!" &!mme'&e.

Any person who has made a deposit under section ;# and who su0se?uently does not proceedwith the implementation of the planning permission may notify the ommissioner who may, in

his discretion, refund the deposit or part thereof as he may determine.

,0. Tree %re+era"#!' !rer.


21/33

If it appears to the ommissioner that it is e>pedient in the interest of amenity to make provision

for the preservation of any tree, trees or groups of trees in the Federal Territory, he may for that

purpose make an order, which in this Act is referred to as a @tree preservation order@, with respect

to such tree, trees or groups of trees as may 0e specified in the order, and in particular, provision

may 0e made 0y any such order

7a8 for prohi0iting the cutting down, topping, lopping or wilful destruction of trees, e>cept withthe consent of the ommissioner and

708 for securing the replanting in such manner as may 0e directed 0y or under the order5

Provided that this section shall not apply to the cutting down, topping or lopping of trees whichare dying or dead or for the prevention of imminent danger.

,6. Pr!#b#"#!' "! &" "ree 3#" *#r" eceeding one metre growing on any land e>cept

where

7a8 the felling or cutting is for the prevention of imminent danger or

708 the felling or cutting is in compliance with any written law

7!8 For the purpose of su0section 7#8 the girth of a tree shall 0e measured half a metre from the

ground provided that the girth of the tree with 0uttress shall 0e measured a0ove the 0uttress.

7;8 Any person who fells or cuts a tree in contravention of su0section 7#8 or who wilfully causes

the death of a tree to which that section applies is guilty of an offence and is lia0le on conviction

to a fine not e>ceeding five thousand ringgit.

7)8 9here in any proceeding for an offence under this section it is proved that a tree was felled or

cut, it shall 0e presumed, until the contrary is proved that the tree had 0een felled or cut 0y theoccupier of the land on which the tree was growing.

,7. Re%la&eme'" ! "ree+.

7#8 If any tree in respect of which a tree preservation order is for the time 0eing in force is

removed or destroyed in contravention of the order or is removed or destroyed or dies, it shall 0e

the duty of the owner of the land, unless on his application the ommissioner dispenses with this

re?uirement, to plant another tree of an appropriate si=e and species at the same place as he

reasona0ly can.

7!8 The duty imposed 0y su0section 7#8 on the owner of the land shall attach to the person who is

from time to time the owner of the land and may 0e enforced as provided.

,8. Pe'al"#e+ !r '!':&!m%l#a'&e 3#" "e %re+era"#!' !rer.

If any person, in contravention of a tree preservation order cuts down or wilfully destroys a tree

or tops or lops the tree in such a manner as to 0e likely to destroy it, he is guilty of an offence andis lia0le on conviction to a fine not e>ceeding five thousand ringgit.

,9. E'!r&eme'" ! "#e+ a+ "! "ree %re+era"#!' !rer.


22/33

If a tree preservation order which re?uires replacement of a tree or trees is not complied with, the

ommissioner may proceed to replace the tree or trees of such si=e and species as he may decide

and the cost and e>penses incurred there0y shall 0e paid 0y the person in default or the owner.

PART I

/'6P2-T GA4


23/33

7;8 The ommissioner may at any time vary any order issued under su0section 7#8 if he is

satisfied that su0se?uent to the issue of such order the actual density, floor area or plot ratio

differs from the density, floor area or plot ratio upon which the development charge has 0een

0ased, and shall determine the new development charge accordingly and make an order to that

effect.

7)8 The ommissioner shall serve the order made under su0section 7;8 in the manner specified insu0section 7#8.

7"8 The ommissioner shall

7a8 demand the payment of the difference in the amount of development charge if the amount inthe order made under su0section 7;8 e>ceeds the amount specified in the order made under

su0section 7#8 or

708 refund the difference in the amount of the development charge if the amount paid in

conse?uence of the order under su0section 7#8 e>ceeds the amount specified in the order made

under su0section 7;8.

-2. A%%eal a*a#'+" a++e++me'" ! eel!%me'" &ar*e.

7#8 If any person lia0le for a development charge is dissatisfied with the order made under

su0section 7#8 or 7;8 of section )# he may, within such time and in such manner as may 0e

prescri0ed, appeal to the Appeal +oard.

7!8 The Appeal +oard may, after hearing the ommissioner and the appellant make such order asit deems fit.

-,. Deel!%me'" &ar*e "! be a &ar*e !' la'.

If any development is commenced or carried out without payment of the amount of the

development charge determined under the provisions of this Part, the amount of the development

charge shall 0e recovera0le in the same manner as arrears of rates under any law relating to localgovernment.

--. Pame'" ! m!'#e+ #'"! '.

The ommissioner shall pay all monies collected under this Act into the fund constituted under

any law relating to local government and notwithstanding the provisions of that law relating to

the e>penditure of monies out of that fund the ommissioner shall have power to e>pend such

monies collected under this Act for the purposes of putting into effect the provisions of this Act5

Provided that any monies collected 0y virtue of su0section 7!8 of section )B shall not 0e e>pendede>cept for the purpose of providing spaces for car parking in the ity.

PART IIAPPA6 +A4/

-0. A%%eal /!ar.

7#8 For the purpose of this Act there shall 0e appointed an Appeal +oard consisting of three

mem0ers, one of whom shall 0e the hairman, which in this section is referred to as @the

hairman@, and two other mem0ers who shall serve in the Appeal +oard pursuant to su0section

7"8.


24/33

7!8 There shall also 0e a /eputy hairman of the Appeal +oard, which in the section is referred to

as @/eputy hairman@, who shall only serve in the Appeal +oard if the hairman is una0le to

e>ercise his functions owing to illness, a0sence from 2alaysia or for any other cause whatsoever

and when the /eputy hairman serves in the Appeal +oard under the aforesaid circumstances he

shall e>ercise the functions of the hairman.

7;8 The hairman and the /eputy hairman shall 0e persons nominated 0y the hief ustice ofthe Gigh ourt in 2alaya, from amongst persons who are :udges of such Gigh ourt or who for

the ten years preceding the nomination have 0een advocates and solicitors of such Gigh ourt or

have 0een mem0ers of the :udicial and legal service of 2alaysia.

7)8 The appointment of the hairman and /eputy hairman shall 0e made 0y the 1ang diPertuan

Agong 0y notification in the ceeding three years and shall 0e eligi0le for reappointment.

7"8 7a8 9henever a need arises for the Appeal +oard to 0e convened, the hairman shall call upon

to serve on the Appeal +oard any two mem0ers from a panel of persons appointed 0y notification

in the amine witnesses, re?uire any person to 0ind himself 0y an oath to state the truth,

compel the production and delivery of any document which it considers to 0e material for the

proceeding 0efore it, to award costs or make any order in respect of any appeal 0efore it where

this Act does not provide for the nature of the order to 0e made.

7#B8 very person summoned 0y the Appeal +oard to attend its proceedings is legally 0ound to

attend at the place and time specified in the summons, and every person re?uired 0y the Appeal

+oard to produce or deliver any document to the Appeal +oard or to any pu0lic servant is legally0ound to so produce or delivery the document.

7##8 All summonses, notices, awards, and orders issued, made or given under the hand of the

hairman shall 0e deemed to 0e issued, made, or given 0y the Appeal +oard.

7#!8 An order made 0y the Appeal +oard on an appeal 0efore it shall 0e final, shall not 0e called

into ?uestion in any court, and shall 0e 0inding on all parties to the appeal or involved in the

matter.


25/33

7#;8 For the purposes of the Penal ode, the Appeal +oard shall 0e deemed to 0e a court and

every mem0er thereof shall 0e deemed to 0e a pu0lic servant.

7#)8 The 2inister may make rules to prescri0e the procedure of appeals to the Appeal +oard and

the fees paya0le in respect thereof and to regulate the proceedings of the Appeal +oard 0ut, until

such rules are made and in operation the Appeal +oard shall, for the purpose of its proceedings,

as far as practica0le follow the 3u0ordinate ourts 4ules #$%B.

7#"8 2em0ers of the Appeal +oard shall 0e paid such allowances as the 2inister may with the

approval of the 2inister of Finance, determine.

PART III

PE4GA3 -TI A-/ AJEI3ITI- F 6A-/

-6. N!"#&e re#r#'* %r&a+e ! la' #' &er"a#' &a+e+.

7#8 9ithout pre:udice to the operation of any written law for the time 0eing in force relating to the

ac?uisition of land, a registered proprietor of land

7a8 for the development of whose land planning permission has 0een refused under section !! on

the grounds that the land is indicated in the development plan, whether e>pressly or 0yimplication, as land intended for a pu0lic purpose and who claims that, 0y reason of the refusal,

the land is incapa0le of reasona0le 0eneficial use or

708 who claims that, 0y reason of compliance with a re?uisition notice in respect of his land

served on him under section ;B, the land is incapa0le of reasona0le 0eneficial use,

may, in the prescri0ed manner, serve on the ommissioner a purchase notice in the prescri0ed

form, re?uiring his interest in the land to 0e purchased in accordance with this section.

7!8 There shall 0e served with the purchase notice a statement of the facts and reasons to :ustify

the claims in the notice, together with copies of any availa0le documents, including affidavits that

may furnish proof of the facts and reasons.

7;8 The ommissioner shall investigate the claim made in every purchase notice served under

su0section 7#8 and, if it is satisfied that the notice is in the prescri0ed form and has 0een prepared

and served in the prescri0ed manner, shall su0mit the notice to the 2inister together with the

statement and any other documents served with the notice and

7a8 in the case of a purchase notice of a person claiming under paragraph 7a8 of su0section 7#8, a

detailed report concerning the refusal of planning permission giving rise to the claim, a statement

of the specific purpose for which the land is intended, and a statement of the opinion of the

ommissioner as to whether the land is capa0le of reasona0le 0eneficial use and

708 in the case of a purchase notice of a person claiming under paragraph 708 of su0section 7#8,

details of the re?uisition notice giving rise to the claim and a statement of the opinion of theommissioner as to whether the land is capa0le of reasona0le 0eneficial use.

7)8 If the ommissioner is not satisfied that the purchase notice is in the prescri0ed form or has

0een prepared or served in the prescri0ed manner, it shall re:ect the purchase notice, 0ut without

pre:udice to the service of another purchase notice.

7"8 The 2inister, after considering the purchase notice and all other matters su0mitted 0y the

ommissioner under su0section 7;8 shall


26/33

7a8 if the 2inister is satisfied that the land to which the purchase notice relates is capa0le of

reasona0le 0eneficial use, re:ect the purchase notice or

708 if the 2inister is not satisfied that the land to which the purchase notice relates is capa0le of

reasona0le 0eneficial use or is satisfied that the land is not capa0le of such use, direct the

ommissioner to initiate steps towards the ac?uisition of the land in accordance with the

provisions of the 6and Ac?uisition Act #$B.

78 For the purposes of the 6and Ac?uisition Act #$B

7a8 any land intended to 0e ac?uired pursuant to this section shall 0e deemed to 0e needed 0y the

ommissioner and

708 the land shall 0e deemed to 0e needed for the purpose referred to in paragraph 708 of section ;

of the said Act.

PART I=

ATI- A4A3 A-/ /'6P2-T A4A3

-7. Ser#&e ! a' a&"#!' area !rer.

7#8 9here an area has 0een shown to 0e an action area on the development plan or has 0een

declared to 0e an action area under section #!, the ommissioner shall either 0efore or after

adoption of the local plan for the area, serve an action area order on the owner of the lands

affected there0y informing them

7i8 the date on which the area was indicated as an action area on the development plan or declaredto 0e such under section #!

7ii8 the type of development, redevelopment or improvement that would 0e permitted or likely to0e permitted either 0y individual lots or as a comprehensive development

7iii8 the period within which the development is to 0e commenced in the area and where the

ommissioner considers it necessary, re?uesting that an application for planning permission 0emade within a specified period.

De&lara"#!' ! eel!%me'" area+.

7!8 If within the period specified in the action area order the owner or owners fail to apply for

planning permission or, if there is no such period specified and the owner fails to commence

development within the period stated in the order, the ommissioner may with the approval of the

2inister, 0y notification in the


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purchase of the lands on terms accepta0le to the ommissioner, 0e ac?uired and paid for in

accordance with the said Act.

7!8 For the purpose of the said Act

7a8 any land intended to 0e ac?uired pursuant to this Part shall 0e deemed to 0e needed 0y the

ommissioner

708 the ommissioner shall 0e deemed to 0e a corporation undertaking a work that is of pu0lic

utility and

7c8 the land shall 0e deemed to 0e needed for the purpose referred to in paragraph 708 of section ;

of the said Act.

-9. C!mm#++#!'er ma em%l! a*e'"+$ e'"er #'"! arra'*eme'"+$ a' e+"abl#+ &!r%!ra"#!'+.

7#8 For the purpose of developing a development area in the discharge of his duty under this part,

the ommissioner may with the approval of the 2inister appoint or employ agents, and enter into

any arrangement for sharing profits, union of interests, cooperation, :oint venture, or reciprocal

concession with any person, company or 0ody.

7!8 The ommissioner may with the approval of the 2inister esta0lish a corporation 0y suchname as the ommissioner thinks fit, to develop, carry out and have the charge, conduct and

management of any pro:ect scheme or enterprise that has 0een planned or undertaken 0y the

ommissioner in the discharge of his duty under this Part of developing a development area.

7;8 very order made under su0section 7!8 shall make provision in respect of

7a8 the purposes and o0:ects for which the corporation is esta0lished

708 the constitution of the corporation

7c8 the duties, powers, and rights of the corporation

7d8 the system of management of the corporation

7e8 the financing of the corporation

7f8 the accounts to 0e kept 0y the corporation and the auditing thereof

7g8 the relations 0etween the corporation and the ommissioner and its right of control over the

corporation and

7h8 the common seal of the corporation.

0. P!3er "! b!rr!3 m!'e.

The ommissioner may, with the approval of the 2inister and of the 2inister of Finance on such

terms and conditions as he may specity, 0orrow such sums of money as are necessary for

financing the development of a development area.

01. P!3er "! #+%!+e ! la' a' %r!%er".

The ommissioner may with the approval of the 2inister sell, let, or otherwise deal with or

dispose of any land or property in a development area.


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PART =

2I366A-E3 P4'I3I-3

02. P!3er ! e'"r.

7#8 An authorised officer may, with or without assistants or workmen, enter upon or into any land

or 0uilding for the purpose of

7a8 making any en?uiry, inspection, measurement or survey or taking the levels of such land or

0uilding

708 setting out 0oundaries and intended lines of works

7c8 marking such levels, 0oundaries and lines 0y placing marks and cutting trenches

7d8 e>amining works under construction and ascertaining the course of sewers and drains

7e8 digging or 0oring into the su0soil

7f8 ascertaining whether any development has 0een commenced, undertaken or carried out in

contravention of any provision of this Act or rules made thereunder and

7g8 doing any other acts necessary for the efficient administration of this Act.

7!8 -o such entry shall 0e made

7i8 in the case of any 0uilding used solely as a dwelling house or upon any enclosed part or garden

attached to such a 0uilding, unless prior consent of the occupier has 0een o0tained or at least

twentyfour hours in writing of the intention to enter has 0een given to such occupier and

7ii8 without due regard, so far as may 0e compati0le with the e>igencies of the purpose for which

the entry is made, to the social and religious usages of the occupants of the land or 0uilding.

7;8 Any person who wilfully o0structs the entry of any of the persons empowered or authorisedunder su0section 7#8 to enter into or upon any land or 0uilding or assaults any such person after

such entry is guilty of an offence and on conviction is lia0le to a fine not e>ceeding five thousand

ringgit or to imprisonment for a term not e>ceeding one year.

0,. Ser#&e ! !&me'".

7#8 All documents re?uired 0y this Act or any rules made thereunder to 0e served upon any person

shall, save as otherwise provided in this Act or rules 0e deemed to 0e duly served

7a8 where the document is to 0e served on a government department, railway or local authority or

any statutory authority, company, corporation, society or other 0ody if the document is addressed

to the head of the government department, general manager of the railway services, secretary or

principal officers of the local authority, statutory authority, company, corporation, society or anyother 0ody at its principal, 0ranch, local or registered office as the case may 0e and is either

7i8 delivered at such office or

7ii8 sent 0y registered post to such office


29/33

708 where the document is to 0e served on a partnership, if the document is addressed to the

partnership at its usual place of 0usiness, identifying it 0y name or style under which its 0usiness

is carried on, and is either

7i8 delivered at the said place of 0usiness or

7ii8 sent 0y registered post to such place

7c8 in any other case, if the document is addressed to the person to 0e served and

7i8 is given or tendered to him or

7ii8 is sent 0y registered post to that person or

7iii8 if such person cannot 0e served personally or 0y registered post, it is given or tendered tosome adult mem0er of his family or it is affi>ed on some conspicuous part of the land or 0uilding

to which it relates.

7!8 Any document which is re?uired or authorised to 0e served on the owner or occupier of any

land or 0uilding may 0e addressed @the owner@ or @the occupier@, as the case may 0e, of that landor 0uilding 7naming or descri0ing that land or 0uilding8 without further name or description, and

shall 0e deemed to 0e duly served if the document so addressed is sent or delivered in accordancewith paragraph 7c8 of su0section 7#8.

7;8 9here a document is served on a partnership in accordance with this section, the document

shall 0e deemed to 0e served on each partner.

7)8 9here the person on whom a document is to 0e served is a minor, the service upon his

guardian or any adult mem0er of his family shall 0e deemed to 0e served upon the minor.

7"8 A document sent 0y registered post shall 0e deemed to 0e served seven days after the date of

registration.

0-. A"e'"#&a"#!' ! !&me'"+.

7#8 very plan including map, development order, order, permit or notice including enforcement

or re?uisition notice, prepared, issued, made or served 0y the ommissioner under, 0y virtue or

for purposes of this Act shall 0e authenticated 0y the signature of the ommissioner or a person

authorised in writing 0y the ommissioner.

7!8 A certificate signed 0y the ommissioner certifying that any such document purporting to 0e

prepared, issued, made or served 0y him was so prepared, issued, made or served shall 0e

conclusive evidence of the fact so certified.

00. D!&me'"ar %r!!.

7#8 very document referred to in section "D and duly authenticated and certified in the manner

thereto descri0ed and every document in the form of receipt, application, record or register

issued, made or maintained under, 0y virtue of or for the purposes of this Act shall if duly

certified 0y the ommissioner or an authorised officer in this 0ehalf 0e admissi0le as proof of thecontents of such document.

7!8 A copy of any document referred to in su0section 7#8 or any e>tract therefrom, if duly certified

0y the ommissioner or any authorised officer in this 0ehalf, shall 0e admitted as evidence of the


30/33

matter and transaction therein e>pressed in any case where and to the same e>tent as the original

of such document would if produced have 0een admissi0le to prove such matters and

transactions.

7;8 -otwithstanding the provisions of any written law, in any proceedings under this Act, a

certificate for the purpose of esta0lishing the registered proprietor of any land which purports to

0e signed 0y the 4egistrar of Titles or the ollector of 6and

4evenue as the case may 0e shall, unless the contrary is proved, 0e evidence of any fact stated

therein.

06. Re+"r#&"#!' !' "e +mm!'#'* ! "e C!mm#++#!'er$ a"!r#+e !#&er+ a' a*e'"+.

The ommissioner or any authorised officer or agent shall not 0e re?uired in any legal

proceeding to which the ommissioner is not a party, to produce any record, register or document

the contents of which can 0e proved under section "" 0y a certified copy, or to appear as a witness

to prove the matters and transactions recorded therein, unless 0y order of the ourt made for

special cause.

07. Pr!+e&"#!'.

7#8 The ommissioner may direct any prosecutions for an offence under this Act or any rules

made thereunder and the ommissioner may authorise in writing the incurring of such e>pense as

may 0e necessary for such prosecution.

7!8 Any authorised officer or any police officer not 0elow the rank of an Inspector may conductsuch prosecutions on 0ehalf of the ommissioner.

08. D#+%!+al ! *!!+ rem!e b C!mm#++#!'er.

7#8 Any goods, vehicles or things removed from any 0uilding or land 0y the ommissioner or any

authorised officer under section !$ shall 0e detained at the risk of the owner or the person

offending until the e>penses of removal and detention are paid.

7!8 In the event of there 0eing no claim for the goods, vehicles or things the goods, vehicles or

things may 0e sold 0y pu0lic auction or, if the ommissioner thinks the circumstances of the case

re?uire, may 0e sold otherwise or 0e disposed of without sale.

7;8 The moneys arising from the sale may 0e retained 0y the ommissioner and applied in or

towards the e>penses incurred and the surplus, if any, shall 0e paid on demand to the owner of the

goods, vehicles or things.

7)8 If the surplus is not claimed within two years it shall 0e paid into the fund of theommissioner.

09. Pe'al" !r #'"erere'&e 3#" mar;+.

Any person who, without the authority of the ommissioner, wilfully destroys, damages, defaces,

moves, or otherwise interferes with any mark placed or set up for the purpose of indicating any

level or direction necessary for the carrying out of the purposes of this Act commits an offence

and on conviction

7a8 is lia0le to a fine not e>ceeding five thousand ringgit or to imprisonment for a term not

e>ceeding one year or to 0oth and


31/33

708 may, in addition to or in place of that penalty, 0e ordered to pay to the ommissioner a sum,

recovera0le as a fine, not e>ceeding three times the cost of repairing or reemplacing the mark

and of marking any survey rendered necessary 0y the act in respect of which he is convicted.

6. Pbl#& +era'"+.

The ommissioner and every authorised officer or agent under this Act shall 0e deemed to 0e apu0lic servant within the meaning of the Penal ode.

61. Pbl#& A"!r#"#e+ Pr!"e&"#!' A&" 19-8.

The Pu0lic Authorities Protection Act #$)%, shall apply to any action, suit, prosecution or

proceeding against the ommissioner, every mem0er of the Appeal +oard or ommittee and

every authorised officer or agent under this Act in respect of any act, neglect or default done or

committed 0y him in such capacity.

62. I'em'#" a' eclusively for religious, educational, recreational, social, welfare,

or charita0le purposes and not for pecuniary profit are e>empted from the payment of all chargesand fees under this Act.

7!8 The e>emption under su0section 7#8 does not e>tend to development charges.

6-. P!3er "! ma;e rle+.

7#8 The ommissioner may with the approval of the 2inister make rules generally for the 0etter

carrying out of the provisions of this Act.

7!8 In particular and without pre:udice to the generality of the foregoing powers such rules may

provide for all or any of the following matters, namely

7a8 regulating the development of land in relation to proper planning

708 the classes of use of land and 0uildings or parts thereof

7c8 the control of residential density, floor area, plot ratio, plinth area, and uses of 0uildings or

land

7d8 regulating the height, design, appearance and siting of 0uildings, provision of car parking, set

0ack and open spaces


32/33

7e8 the control of means of access to land or 0uildings

7f8 the protection of ancient monuments and land and 0uildings of historic or architectural

interest

7g8 the details of the forms and contents of the structure plan and local plan, the procedure to 0e

followed in the preparation, su0mission, and approval thereof, the form and manner in which theyshall 0e pu0lished, and the form of the notices relating thereto

7h8 the ?ualifications of persons who may prepare or su0mit plans for the purposes of this Act

7i8 regulating the dimension, appearance and position of advertisements which may 0e displayed,

the sites on which advertisements may 0e displayed, the manner in which they may 0e affi>ed to

the land or 0uilding, the issue of licences for the display of advertisements and to prevent or

remove advertisements which are not licenced

7:8 the prescri0ing of such fees as may 0e re?uired to 0e paid under this Act

7k8 the rate of development charges and the method of calculation of development charges

7l8 the form in which any application for planning permission for development shall 0e made, the

particulars to 0e furnished in such application and the documents and plans which shallaccompany such application

7m8 the form and contents of a tree preservation order

7n8 the form and contents of an action area order

7o8 the form of registration of application and the particulars to 0e contained in such register

7p8 the manner of filing, and the fees to 0e paid for, and the procedure to 0e followed in, appeals

to the Appeal +oard

7?8 regulating the conduct of negotiations for the purchase of lands in a development area and the

terms of purchase

7r8 regulating the making and the terms of any arrangement for sharing profits, union of interests,

cooperation, :oint venture, or reciprocal concession with any person, company or 0ody under

section )"

7s8 securing a :ust and e?uita0le implementation of section "#

7t8 to provide for the offences under this Act and any 0ylaws which may 0e compounded 0y the

ommissioner, the persons who may compound, the limit of the sum of money to 0e collected 0y

the ommissioner for compounding such offences and the procedure and forms to 0e complied

with in compounding and

7u8 any other matters for the smooth e>ecution of the development plan.

60. Re%eal a' +a#'*.

7#8 The ity of Cuala 6umpur 7Planning8 Act #$D; is repealed.

7!8 -otwithstanding the repeal of the law specified in su0section 7#8, which in this Act is referred

to as the @repealed law@


33/33

7a8 any rule made under the repealed law shall in so far as it is not inconsistent with the

provisions of this Act continue in force and have the like effect as if it had 0een made under this

Act

708 any order, development order, notice including enforcement notice and re?uisition notice, any

planning permission, direction, notification or permit made, given, granted, issued, delivered or

served under, 0y virtue of or for purposes of the repealed law and in force immediately prior tothe appointed date shall su0:ect to the period of validity specified therein continue in force and

have the like effect as if it had 0een made, given, granted, issued, delivered or served as the case

may 0e under or 0y virtue of or for the purposes of this Act

Provided that such person may 0e removed from office or have his appointment revoked or varied

in accordance with the corresponding provisions of this Act relating thereto

7c8 any person lawfully e>ercising or holding immediately 0efore the appointed date any function

or office corresponding to those conferred 0y this Act on a mem0er of the Appeal +oard, a

mem0er of the ommittee, or an authorised officer or agent shall on the appointed date continue

to e>ercise such functions or hold such office su0:ect to the terms and conditions as set out in the

instrument appointing him

Provided that such person may 0e removed from office or have his appointment revoked or varied

in accordance with the corresponding provisions of this Act relating thereto.

66. Perbaa'a' Pemba'*'a' /a'ar A&" 1971.

7#8 -ot withstanding section #D of the Pe0adanan Pem0angunan +andar Act #$D#, in respect of

the Federal Territory only, where the 2inister descri0ed therein has 0y notification in the ercised and

performed 0y the Per0adanan Pem0angunan +andar and the ommissioner shall cease to e>ercise

such functions and powers and perform such duties.

7;8 The 1ang diPertuan Agong may 0y order pu0lished in the pedient for the purpose of removing any difficulties occasioned

0y the coming into effect of the provisions of this section and any such order may 0e made so as

to have effect as from the commencement of the declaration referred to in su0section 7#8.

Documents

Federal Territory (Planning) Act 1982