LAND CONSERVATION ACT 1960

Nothing in this Act contained—

the clearing of such hill land for the purpose of cultivation;

the clearing or weeding of such hill land under lawful cultivation.

Any person who fails to comply with any terms or conditions prescribed in a permit issued under subsection (1) shall be deemed to have contravened this Act.

Whenever the Land Administrator declines to issue a permit under this section in terms acceptable to the applicant he shall, on being requested so to do by the applicant, forthwith issue to him a certificate under his hand setting forth the nature of the permit asked for and the grounds of such refusal and the date of issue of such certificate.

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Appeal

Every such appeal shall be by notice in writing signed by the appellant or his advocate and solicitor and shall be delivered to the Land Administrator, who shall forthwith transmit such notice to the State Secretary, together with a copy of the certificate issued under subsection 6(3).

In deciding any such appeal it shall be lawful for the Ruler in Council or the Yang di-Pertua Negeri in Council to receive and take into consideration any signed statement or report of any person as to the condition of the land in question and the desirability or otherwise of the issue of a permit therefor.

The order of the Ruler in Council or the Yang di-Pertua

Negeri in Council under this section shall be final and no Court shall call in question any such order.

Acquisition of hill land

Every such order shall be personally served on the owner or occupier, as the case may be.

Every owner or occupier required to deliver a statement under this section shall be legally bound to do so within the meaning of sections 176 and 177 of the Penal Code

[Act 574].

Enforcement of terms and conditions of permits

Nothing in this section shall affect the liability of any person to prosecution and punishment under section 18.

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that earth, mud, silt, gravel or stone from such land has caused or is likely to cause damage to other land, whether alienated or not, or to any watercourse, whether natural or artificial, or has interfered or is likely to interfere with the due cultivation of other land, whether alienated or not; or

that by reason of the steepness of the slope of such land, damage has been or is likely to be caused to such land by erosion or displacement of earth, mud, silt, gravel or stone upon or from such land, the Land Administrator may, by notice served on the owner or occupier of such land, require him to show cause, at a time and place to be stated in such notice, why an order should not be made under this Act prohibiting him from doing, or requiring him to do, any act or thing which may under section 14 be prohibited or required to be done.

Appearance to show cause

inform such owner or occupier or representative, as the case may be, of the grounds on which the notice was issued;

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Land Conservation

in the presence of such owner or occupier or representative, make any enquiry and take and record any evidence which the Land Administrator thinks necessary as to the facts and circumstances of the case;

hear and record the statement (if any) of such owner or occupier or representative; and

take and record the evidence of all persons attending at the instance of such owner or occupier or representative whom such owner or occupier or representative desires to examine.

For the purpose of carrying out this section the Land

Administrator shall have the same powers of summoning and enforcing the attendance of witnesses and of compelling the production of documents and of adjourning proceedings from time to time as the Court of a Magistrate has in civil suits.

Powers to make orders and nature of orders

make an order in writing under his hand prohibiting, either absolutely or to such extent as may be prescribed in the order, interference with or destruction or removal of any trees, plants, undergrowth, weeds or grass within or from such parts of the said land as are specified in the order;

with the sanction of the State Secretary, make an order in writing under his hand requiring the making on the said land of drains and watercourses, and the construction thereon of dams and retaining walls, of such character and dimensions and in such positions as are specified in the order;

with the sanction of the State Secretary, make an order in writing under his hand requiring the doing on or in respect of the said land of any act or thing which appears

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to the Land Administrator likely to prevent, and prohibiting the doing on or in respect of the said land of any act or thing which appears to the Land Administrator likely to facilitate the passage of earth, mud, silt, sand, gravel or stone from the said land to other land, whether owned by any person or not, or to any river, canal or drain.

Any order made under this section may prescribe the time within which any work, act or thing required by such order to be made or done shall be completed.

Variation and revocation of orders

no such order or part thereof made with the sanction of the State Secretary shall be varied or revoked save with the sanction of the State Secretary;

Such notice shall refer to the subsisting order and to the date whereon the same was made and shall contain particulars of the manner in which the same is proposed to be varied.

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Land Conservation

After service of such notice the procedure prescribed by sections 12 and 13 shall, subject to necessary modifications, apply;

and the provisions of this Act applicable to an order made under section 14 shall apply also to any such order as varied under this section.

Operation of orders

mandatory, and where the cost of the work ordered to be done does not exceed two thousand ringgit; or

prohibitory, shall be final and there shall be no appeal therefrom.

Subject to subsection (1) an appeal shall lie to the High

Court from any order made under section 14:

Provided that—

The procedure governing such appeals to the High Court shall be the same as for appeals to the High Court from decisions of subordinate courts in civil matters:

Provided that the decision of the High Court shall be final and there shall be no appeal therefrom.

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Penalty

Notwithstanding anything in any other written law, any penalty authorized by this section may be imposed by a Court of a Magistrate of the First Class.

Maintenance of work

Where any order of the making whereof a memorandum has been entered under subsection (1) is varied or revoked or is affected by a judgment of the High Court, such variation or revocation or the effect of such judgment may in like manner be certified and a memorandum thereof entered in the register and the certificate thereof filled.

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Land Conservation

Nothing in this section contained shall affect any liability of any person to prosecution and punishment under section 18.

Liability of owner or occupier for acts done on land

if the person on whom service is to be effected be within such State, the notice or order may be delivered to him or left with some adult member of his family (other than a servant) residing with him within such State;

if the person on whom service is to be effected has an agent within such State duly authorized by power of attorney to accept service on his behalf, the notice or order may be delivered to such agent;

if service cannot be effected in the manner described in paragraph (a) or (b), the notice or order may be sent by registered post addressed to the person on whom service is to be effected at his address in any part of Malaysia;

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where service is to be effected on a corporation, the notice or order may be—

left at the registered office (if any) of the corporation within such State;

if service cannot be effected in accordance with the preceding paragraphs of this section, the notice or order may be put up in a conspicuous position on the land to which it relates.

Rules

any permit, order, sanction or prohibition made, given, granted or imposed or thing done under any of the written laws hereby repealed shall, in so far as the same is not inconsistent with the provisions of this Act, continue in force and have effect as if it had been made, given, granted or imposed under this Act; and

any register kept under any former written law hereby repealed shall be deemed part of the register to be kept under the corresponding provisions of this Act.

APPENDIX

Adoption of the Act by States—

Johore

En. 15 of 1960

(Am. Johore En. 5 of 1961)

Kedah

En. 13 of 1960

Kelantan

En. 6 of 1960

Malacca

En. 7 of 1960

Negeri Sembilan

En. 21 of 1960

Pahang

En. 13 of 1960

Penang

En. 4 of 1960

Perak

En. 6 of 1960

Perlis

En. 12 of 1960

Selangor

En. 7 of 1960

Terengganu

En. 9 of 1960

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Act 385

LIST OF AMENDMENTS

Amending law

Short title

In force from

– NIL –

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Land Conservation

Act 385

LIST OF SECTIONS AMENDED

Section

Amending authority

In force from

– NIL –

KUALA LUMPUR