Section 26

If the licensee omits to comply with the requisition, the person may apply in writing to the State Authority which may, in its discretion, after inquiring into all the facts of the case, reject the application or make an order, either absolutely or subject to certain conditions, for the removal or alteration of the pipeline or installation.

The order shall provide for the payment of the cost of executing the removal or alteration by the licensee or by the person making the application, as the State Authority may consider equitable in the circumstances of the case.

The State Authority may, instead of itself inquiring into a case under subsection (2) direct the District Land Administrator to make such inquiry on its behalf and to make recommendations to it.

Whenever the State Authority has made an order for the removal or alteration of any pipeline or installation, the licensee may, instead of removing or altering the pipeline or installation, apply to the State Authority to direct the acquisition of such land as is required for the purposes of the pipeline or installation, and the State

Authority may direct the acquisition accordingly.

Whenever the State Authority is authorized by this section to direct the acquisition of any land, the pipeline or installation shall be deemed to be a work for public utility and any written law relating to

34 Laws of Malaysia ACT 501

land acquisition in force in the State where the land is situated shall be enforced accordingly.

Whenever a pipeline or installation has been installed on State land by a licensee and the land is subsequently alienated to any person, the owner or occupier of the land may, unless the terms of alienation expressly provide otherwise, require the removal of the pipeline or installation to another part of the land, or to land at a higher or lower level, or the alteration of the pipeline or installation, and subsections (1) to (4) shall apply to any such requisition:

Provided that the cost of executing the removal or alteration shall be defrayed by the person making the requisition.

Wayleave agreements