Malaysia legislation

Section 9

of GEOLOGICAL SURVEY ACT 1974

Section 9

Director General considers desirable in relation to any geological survey—

(a)

reject the claim; or

(b)

cause the damage to be assessed and pay or tender to the claimant the assessed cost of damage.

(2)

If the claimant is dissatisfied with the rejection of the claim or the assessment he may within one month after the service by post of the letter conveying the rejection or after the payment or tender of the assessed cost of damage under subsection (1), appeal to the Collector of the district in which the land is situated.

(3)

The Collector shall as soon as practicable hear the claim and may dismiss the claim or make an award as he may think just.

(4)

The Collector shall have all the powers of a Court for the summoning and examination of witnesses, the administration of oaths or affirmations, and for compelling the production and delivery to him of documents, including issue documents of title and other documents evidencing title.

(5)

Any party who is dissatisfied with the decision of the Collector may within one month after the decision being made appeal to an

Appeal Board consisting of the following persons:

12

(a)

a Chairman who shall be the Director General of Lands and Mines (Federal) to hear appeals in cases arising in

Peninsular Malaysia or the Director of Lands and Surveys of the State of Sabah or Sarawak to hear appeals in cases arising in the respective State; and

(b)

two other persons to be selected by the Chairman from a panel of persons to be appointed by the Minister by notification in the Gazette.

(6)

The decision of the Appeal Board referred to in subsection

(5)

shall be final.