Malaysia legislation

Section 7

of GEOLOGICAL SURVEY ACT 1974

Section 7

Power to enter land and notice to enter land

(2)

A Geological Survey Officer or an authorized person shall cause a notice to be served on any person who is the proprietor or occupier of any land, or lessee in the case of mining land, within the designated area notifying that person of his intention to enter upon the land for purpose of geological survey. The notice shall be served not less than 14 days prior to the date of the intended entry.

Geological Survey 9

(3)

Where entry to or egress from the designated area cannot be effected without passing through an alienated land, mining land or land occupied under temporary occupation licence, the Geological

Survey Officer or the authorized person shall serve a notice on the proprietor, lessee or occupier thereof notifying his intention to enter and re-enter such land for purpose of access to the designated area. The notice shall be served not less than 14 days prior to the date of the intended use of the land as an access.

(4)

Any notice to be served under this section may be served on a person or body of persons in the following manner, that is to say—

(a)

by delivering the notice to the person;

(b)

by delivering the notice—

(i)

at the person’s usual or last known place of abode or business to his servant or to an adult member of his family; or

(ii)

at the body’s registered office or usual or last known place of business to its servant or agent;

(c)

by sending the notice by prepaid registered post to the person or body—

(i)

at the person’s usual or last known abode or place of business; or

(ii)

at the body’s registered office or usual or last known place of business; or

(d)

where the Director General is satisfied that a notice under this section cannot be served personally or by post (either because the person to be served is evading service or for some other reason)—

(i)

by affixing a copy of the notice in a conspicuous position on the land and on a courthouse, mosque or penghulu’s office or in a market or other public place in the area in which the land is situated;

(ii)

by publishing a copy of the notice in the Gazette and if he thinks fit, in one or more of the newspapers circulating in the State where the land is situated.

10

(5)

Any person who upon being served with the notice under subsections (2) and (3) shall allow any Geological Survey Officer or authorized person to enter the land or any part thereof.

Power of a Geological Survey Officer