Malaysia legislation
Section 4
Section 4
The State Planning Committee and its functions
(a)
a Chairman, being the Menteri Besar or Chief Minister of the State;
(b)
a Deputy Chairman, being a member of the State Executive
Council, to be appointed by the State Authority;
(ba) not more than three members to be appointed by the State
Authority from amongst the members of the State Executive
Council, at least one of whom shall be the member responsible for and whose portfolio is related to town and country planning in the State;
(c)
the State Secretary;
(d)
the State Director, who shall be the Secretary of the
Committee;
(e)
the State Director of Lands and Mines;
(f)
the Director of the State Economic Planning Unit or an officer responsible for such affairs in the State;
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(g)
the State Director of Public Works;
(h)
the State Legal Adviser;
(ha) the State Financial Officer;
(hb) the State Development Officer or an officer responsible for such affairs in the State;
(hc) the State Director of Environment or an officer responsible for such affairs in the State; and
(i)
not more than four other members to be appointed by the
State Authority.
(2)
A member of the Committee appointed under paragraph (1)(b) or (i)
shall, unless he sooner resigns his office or his appointment is sooner revoked, hold office for such period as may be specified in his instrument of appointment but shall be eligible for reappointment.
(3)
A member of the Committee who is not a member of the public service may be paid such allowances as the State Authority may approve.
(4)
The functions of the Committee shall be—
(a)
to promote in the State, within the framework of the national policy, the conservation, use and development of all lands in the State;
(aa) to regulate, control, plan and co-ordinate all development activities in the State;
(b)
to advise the State Government, either on its own initiative or in response to a request by the State Government, on matters relating to the conservation, use and development of land in the State; and
(c)
to undertake, assist in and encourage the collection, maintenance and publication of statistics, bulletins and
22 Laws of Malaysia ACT 172
monographs and other publications relating to town and country planning and its methodology.
(5)
The Committee may from time to time give to any local planning authority directions not inconsistent with the provisions of this Act and the local planning authority shall give effect to such directions.
(6)
The Committee may perform any other functions that are supplemental, incidental, or consequential to any of the functions specified in subsection (4) and do all such things as may be necessary or expedient for carrying out its functions under this Act.
(7)
The Committee may cause a local inquiry or hearing to be held in or for the purpose of exercising any of its functions under this Act.
(8)
The State Director of Town and Country Planning shall be the principal adviser to the Committee on matters relating to town and country planning and, as Secretary of the Committee, shall be responsible for carrying out the decisions and implementing the policies of the Committee; and in or for the purpose of discharging his functions under this subsection, he may draw upon the financial, manpower and other resources of his department.
Local planning authorities
*5. (1) Every local authority shall be the local planning authority for the area of the local authority.
2) For any area in the State that does not form part of the area of any local authority, the State Director shall be the local planning authority, and references to the “local planning authority” in this Act shall be deemed to include the State Director whenever he performs the functions of the local planning authority in relation to that area.
*NOTE—The amendment of this section vide Act A1129 shall not affect any pending application for planning permission in respect of a development or any appeal against the refusal of the local planning authority to grant planning permission or against any condition imposed under subsection 22(3) of this
Act—see section 38 of Act A1129.
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(3)
(Deleted by Act A1129).
(4)
A local planning authority shall furnish the Committee with such returns and information relating to its activities as the Committee may from time to time require.
Functions of local planning authorities