Malaysia legislation
Section 29
Section 29
(2)
If the local planning authority is satisfied that any part, aspect, or feature of the development that is inconsistent with the modified planning permission or approval of building plan is capable of being modified, added to, or demolished so as to bring about consistency with the modified permission or approval, 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
*NOTE—Previously “fifty thousand ringgit”–see the Town and Country Planning (Amendment) Act 1995
**NOTE—Previously “one thousand ringgit”– see Act A933.
Town and Country Planning 65
local planning authority may allow, with such requirements, to be specified in the notice, as the local planning authority thinks fit in order to bring about consistency with the modified permission or approval;
(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 them—
(i)
to discontinue all activities forthwith, except those activities that are necessary for complying with the requirements of the local planning authority under subparagraph (ii) and such other activities as may be specified by the local planning authority, until the local planning authority is satisfied that those requirements have been complied with; and
(ii)
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 to bring about consistency with the modified permission or approval.
(3)
If the local planning authority is not satisfied as provided in subsection (2), then the local planning authority shall serve on the owner of the land and, if the development has not been completed, on 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 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.
(4)
Subject to subsection (5), any person who fails to comply with any requirement of a notice under paragraph (2)(a),
66 Laws of Malaysia ACT 172
subparagraph (2)(b)(ii), or subsection (3) 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.
(5)
No occupier of any land to which a notice under paragraph (2)(a)
relates, who is not also the owner of the land, shall be liable to be convicted for an offence under subsection (4) 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.
(6)
Any person who continues to carry out any activity after being required to discontinue it by a notice served on him under subparagraph (2)(b)(i) 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 activity is so continued after the first conviction for the offence.
Requisition notice