Malaysia legislation

Section 4

of TELECOMMUNICATIONS ACT 1950

Section 4

(2)

The petitioner shall prepare a plan of the area or areas over, along or under which the telecommunication line is to be laid and maintained and shall show on the plan the whole of the premises whether built or not which will be affected by the undertaking, and the said plan shall be kept open for public inspection for a period of three weeks after the date of the publication in the Gazette of the notification referred to in subsection (3).

(3)

When the plan referred to in subsection (2) has been prepared and is ready for inspection the petitioner shall publish a notification in the Gazette giving notice of the same and of the place where the plan is kept open for public inspection. The petitioner shall also during the said period of three weeks arrange for the notification to be repeated once in the Gazette and twice weekly in at least one English language newspaper and one Malay or Chinese language newspaper. The notification shall be in such form as may be prescribed.

(4)

The petitioner shall serve a notice on every owner of property affected by the plan stating that the plan has been prepared and requiring the owner to signify his assent or dissent thereto within one month from the date of the service of the notice.

(5)

Any person affected by the plan may within the said period of three weeks or within one month from the date of the service of the notice referred to in subsection (4), whichever date is the later, deliver to the petitioner a written objection to any proposal contained in the plan.

(6)

The Minister may, within fourteen days after the receipt of a request from the petitioner or after any person has delivered an objection under subsection (5), appoint a tribunal consisting of not more than six persons (three of whom shall form a quorum) to consider any objection. Each member of the tribunal shall be furnished by the petitioner with a copy of the plan, the notification and the objection.

(7)

The tribunal shall meet to consider any objection not earlier than one week nor later than three weeks after its appointment.

(8)

The tribunal shall give written notice of the meeting to the petitioner and the objectors. The notice shall be deemed to have been sufficiently given if it is delivered to the last known address of the petitioner and the objectors or left at the property deemed to be affected by the plan and the notification. The petitioner and the objectors may appear at the meeting in person or be represented by a duly authorised agent.

(9)

The tribunal shall submit its findings to the Minister in the form of a report within fourteen days after completing the hearing of the objections. One copy each of the plan, the notification and a schedule of the objections in a summary form, which shall record the opinion of the tribunal as to each objection, shall accompany the report.

(10)

After considering the report of the tribunal the Minister may approve or reject the plan or he may approve it subject to such conditions and modifications as he thinks fit. The Minister's approval or rejection shall be notified in the Gazette and the notification shall be conclusive evidence that the plan was duly prepared and approved or rejected, as the case may be.

(11)

Subject to this section the tribunal shall have power to regulate its own procedure.

(12)

Where no objection is lodged within the time specified in subsection (5) or where an objection has been lodged in respect of certain immovable property and not in respect of other immovable property, the Minister may, upon the expiration of the time so specified and subject to the approval of the Land Authority, forthwith grant a licence to the petitioner under section 3 (3) so far as the immovable property in respect of which no objection has been lodged within the specified time is concerned.