Malaysia legislation
Section 27
Section 27
(2)
If the local planning authority is satisfied that, had an application for planning permission or extension of planning permission in respect of the development been made under section 22
or subsection 24(3) before the development was commenced, undertaken, or carried out, it would have, in the proper exercise of its powers under those sections, refused to grant planning permission for the development, then the local planning authority shall—
(a)
if the development has been completed, serve on both the owner and occupier of the land a notice in the prescribed form requiring both of them to comply, within the period specified in the notice or within such further period as the local planning authority may allow, with such requirements, to be specified in the notice, as the local planning authority thinks fit in order that the land be restored as far as possible to the condition it was in before the development was commenced;
(b)
if the development has not been completed, serve on the owner of the land and the person who, in the opinion of the local planning authority, is carrying out the development, a notice in the prescribed form requiring both of them to discontinue the development forthwith and to comply, within the period specified in the notice or within such further period as the local planning authority may allow, with such requirements, to be specified in the notice, as the local planning authority thinks fit in order that the land be restored as far as possible to the condition it was in before the development was commenced.
(3)
If the local planning authority is not satisfied as provided in subsection (2), it shall serve on the owner, occupier, or the person who, in the opinion of the local planning authority, is carrying out the development, as the case may be, a notice informing him of the contravention and calling on him to apply for planning permission within the period specified in the notice or within such further period as the local planning authority may allow.
(4)
In any case falling under subsection (3), the local planning authority shall also, if the development has not been completed, serve
60 Laws of Malaysia ACT 172
on both the owner and the person who, in the opinion of the local planning authority, is carrying out the development, a notice in the prescribed form requiring them to discontinue the development forthwith.
(5)
The giving of a notice under subsection (3) shall not be construed as an indication of willingness to grant planning permission and shall be without prejudice to the power of the local planning authority to refuse planning permission, and the notice shall contain a statement to that effect.
(6)
Any person who continues to carry out any development after being required to discontinue it by a notice served on him under paragraph (2)(b) or subsection (4) commits an offence and is liable, on conviction, to a fine not exceeding *one hundred thousand ringgit or to imprisonment for a term not exceeding six months or to both and to a further fine which may extend to **five thousand ringgit for each day during which the development is carried out after the first conviction for the offence.
(7)
Sections 21 and 22 shall apply to an application for planning permission under subsection (3), but in addition to any fees prescribed for the purposes of section 21, such further fees as may be prescribed shall be payable in respect of the application.
(8)
If no application is made under subsection (3) within the time allowed or if the application is refused, the local planning authority shall serve on the owner, occupier, or the person who, in the opinion of the local planning authority, is carrying out the development, a notice in the prescribed form requiring any or all of them to comply, within the period specified in the notice or within such further period as the local planning authority may allow, with such requirements, to be specified in the notice, as the local planning authority thinks fit in order that the land be restored as far as possible to the condition it was in before the development was commenced.
*NOTE—Previously “five hundred ringgit”–see the Town and Country Planning (Amendment) Act 1995
**NOTE—Previously “one thousand ringgit”– see Act A933.
Town and Country Planning 61
(9)
Subject to subsection (10), any person who fails to comply with any requirement of a notice under subsection (2) or (8) within the period allowed commits an offence and is liable, on conviction, to a fine not exceeding *one hundred thousand ringgit or to imprisonment for a term not exceeding six months or to both and to a further fine which may extend to **five thousand ringgit for each day during which the failure is continued after the first conviction for the offence.
(10)
No occupier of any land to which a notice under subsection (2) or (8) relates, who is not also the owner of the land, shall be liable to be convicted for an offence under subsection (9)
if he proves that the development to which the notice relates was not commenced, undertaken, or carried out, or permitted to be commenced, undertaken, or carried out, by him.
(11)
In this section, “development” includes any part or feature of a development.
Enforcement in the case of contravention of section 20