Malaysia legislation
Section 67
Section 67
Conditions and restrictions in regard to closure of street, etc.
(a)
before the local authority sanctions any permanent closure, diversion or alteration of boundaries, not less than fourteen days’ notice shall be given of the intention to move a resolution in that behalf;
Local Government 47
(b)
before any such closure, diversion or alteration is carried out, the local authority shall prepare a plan of the proposed work and a statement showing the need therefor and shall not less than one month before the commencement of the proposed work give notice thereof in the Gazette and in such other manner as the local authority may by resolution direct and such notice shall state where the said plan may be inspected by the public at reasonable hours and a copy thereof shall be posted in some part of the said street or public place;
(c)
it shall be competent for any owner or occupier of any land injuriously affected by such closure, diversion or alteration to make a claim in writing to the local authority within a period of one month from the date of the publication of the notice in the Gazette for compensation in consequence of such closure, diversion or alteration, and where such claim is proved to the satisfaction of the local authority, it shall pay compensation to any such owner or occupier and in assessing the amount of compensation payable, the benefit or advantage derived or likely to be derived from such closure, diversion or alteration by such person shall be taken into account;
(d)
where any person aggrieved by any proposed closure, diversion or alteration objects thereto in writing within a period of one month from the date of the publication of the notice in the Gazette regarding such proposed closure, diversion or alteration, then, unless such objection is withdrawn, such closure, diversion or alteration shall not be carried out without the sanction of the State Authority; and
(e)
after the service of any such objection, the State Authority may, on the application of the local authority, appoint one or more persons to make an enquiry into the proposed closure, diversion or alteration and the objection thereto and to report thereon and on receiving the report of such person or persons, the State Authority may make an order disallowing the proposed closure, diversion or alteration, or allowing it with such modifications, if any, as it may deem necessary.
48
(2)
A local authority may, with the consent of the State Authority, permanently close or divert any street not being a public street within the local authority area but in every such case the closure or diversion shall be subject to the provisions of subsection (1).
Naming of public places, etc.