Malaysia legislation

Section 30

of *FEDERAL TERRITORY (PLANNING) ACT 1982

Section 30

(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 Commissioner may, by notice, which in this Act is referred to as the ―requisition notice‖, served on the owner of the land—

(i)

require the discontinuance of that use; or

(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 buildings or works as the case may be;

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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 conditions.

(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 Commissioner.

(5)

If the owner of the land to which the requisition notice relates has, in consequence of complying 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 Commissioner, 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 Commissioner shall, after giving the person making the claim an opportunity to be heard, offer him such compensation as the Commissioner 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.

(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 Commissioner commits an offence and is liable, on conviction, to a fine not exceeding ten thousand ringgit and, in the case of a continuing offence, to a further fine which may extend to five hundred ringgit for each day during which the offence is continued after the conviction for the first commission of the offence.

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(9)

Without prejudice to subsection (8) if within the time specified in the requisition notice, there is no compliance, the Commissioner or any person so authorized by him, may enter with or without workmen upon the land and take such steps as may be necessary to execute the requisition notice including the demolition or alteration of any building or works or removal of any goods, vehicles or things from any building or land and in such event subsections 29(2) and (3) shall mutatis mutandis apply.

Section 30 — FEDERAL TERRITORY (PLANNING) ACT 1982