Malaysia legislation
Section 85
Section 85
(a)
construct any access road (including paths, driveways or other means of access, whether public or private) to join any road;
(b)
construct a drain to join a drain constructed alongside a road;
(c)
carry out any works of any description in, upon, over or under any road, unless plans containing details of the layout (including such particulars as may be prescribed) have been submitted to and approved by the Minister charged with the responsibility for works in
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relation to a Federal road, or the appropriate authority in relation to a road other than a Federal road, and the Minister or the appropriate authority, as the case may be, may refuse such application or allow it on such conditions as he or it may impose.
(2)
Where in the opinion of the Minister or the appropriate authority there is—
(a)
a likelihood of danger to traffic;
(b)
any flooding, interference or obstruction; or
(c)
any failure to comply with any conditions imposed under subsection (1), in the course of, or arising from any works referred to in subsection (1), the Minister or the appropriate authority may, by notice in writing, require the person to whom approval was granted or the occupier of the premises or land, as the case may be, to take such appropriate action as is necessary to remove the danger or to remove any interference, obstruction or to stop up any drain or to comply with the conditions imposed within the time specified in the notice, failing which the Minister or the appropriate authority may take such actions as are necessary to discontinue the danger or flooding, interference or obstruction or to ensure compliance with the conditions imposed.
(3)
Subject to subsection (6), it shall be lawful for the Minister or the appropriate authority, as the case may be, by notice in the
Gazette, to require the closure or diversion of or alterations to be made to any access road (whether constructed before or after the commencement of this Act).
(4)
Where any action has been taken by the Minister or the appropriate authority under subsection (2) or (3), the expenses incurred and certified in writing by the Minister or the appropriate authority in taking such action shall be a debt due to the Government, or the appropriate authority, as the case may be, by the person to whom approval was granted or the occupier of the premises or land and may be deducted from such security deposit paid to the Minister
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or the appropriate authority as a condition for carrying out the works referred to in subsection (1).
(5)
Where any works under subsection (1) has been executed and it is found that the works were executed for the purpose of making any direct connection of any public utility to any premises or for joining a drain to one constructed alongside a road for the purpose of drainage of the land on which the first mentioned drain was constructed the occupier of the premises or land shall be deemed to be the person carrying out such works for the purpose of this section.
(6)
Where as a result of a notice issued by the Minister or the appropriate authority under subsection (3) an access road existing at the time of the issuance of the notice will be totally closed and there will be no alternative access road, the Minister or the appropriate authority, as the case may be, shall, prior to the closure, provide an alternative access road:
Provided that where an alternative access road cannot be provided or cannot be provided without incurring unreasonable amount of expenditure, the land so affected shall be acquired in accordance with any existing law relating to compulsory acquisition and such acquisition shall be deemed to be for a public purpose.
(7)
Any person who contravenes subsection (1) or fails to comply with such conditions as may be imposed in a permit issued under that subsection shall be guilty of an offence and shall on conviction be liable to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding one year:
Provided that any punishment imposed under this subsection shall not affect any civil liability of the person to whom approval was granted or the occupier of the premises or land.
(8)
The Minister or the appropriate authority, as the case may be, may make rules to regulate and control the carrying out or construction of any of the works referred to in subsection (1).
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Construction of structures for advertisement, etc.