Section 30 — TOWN AND COUNTRY PLANNING ACT 1976

(a)

that any use of land should be discontinued; or

(b)

that conditions should be imposed on the continued use thereof; or

(c)

that any building or works on any land should be altered or removed, the local planning authority may, with the approval of the State

Authority, by a requisition notice served on the owner of the land—

*NOTE—Previously “fifty thousand ringgit”–see the Town and Country Planning (Amendment) Act 1995

**NOTE—Previously “one thousand ringgit”–see Act A933.

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(i)

require the discontinuance of that use;

(ii)

impose such conditions for the continued use of the land as may be specified in the requisition notice; or

(iii)

require such steps as may be specified in the requisition notice to be taken for the alteration or removal of the building or works;

and the owner shall, within such period as may be specified in the requisition notice, not being less than one month from the date of service of the notice, comply with such requirements or condition.

(2)

A person aggrieved by a requisition notice may, within the period stated therein and in the manner prescribed, appeal to the

Appeal Board.

(3)

If an appeal is filed under subsection (2), the requisition notice shall be suspended until the determination or withdrawal of the appeal.

(4)

In considering an appeal under subsection (2), the Appeal

Board shall hear the appellant and the local planning authority.

(5)

If the owner of the land to which the requisition notice relates has, in consequence of compliance with the notice, suffered damage in the form of a depreciation in the value of the land or incurred expenses or costs in carrying out works in compliance with the notice, he may claim from the local planning authority, within the time and in the manner prescribed, compensation for the damage, expenses, or costs.

(6)

If a claim is made under subsection (5), the local planning authority shall, after giving the person making the claim an opportunity to be heard, offer him such compensation as the local planning authority considers adequate.

(7)

If the person to whom compensation is offered under subsection (6) is aggrieved by the amount thereof, he may, within the time and in the manner prescribed, appeal to the Appeal Board and the

Appeal Board shall assess the amount of compensation to be paid.

68 Laws of Malaysia ACT 172

(8)

A person who fails to comply with a requisition notice served on him under subsection (1) within the period specified therein or, where an appeal has been made under subsection (2), within such period after the determination or withdrawal of the appeal as may be specified by the local planning authority 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, in the case of a continuing offence, to a further fine which may extend to **five thousand ringgit for each day during which the offence is continued after the first conviction for the offence.

Execution by authorized person