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Short title and commencement
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ISKANDAR REGIONAL DEVELOPMENT AUTHORITY ACT 2007 is Malaysia Act, cited as Act 664 2007, currently marked in force and first recorded in 2007.
Opening note
Part I
Short title and commencement
This Act comes into operation on such date as the Minister may, after consultation with the State Authority of Johore, appoint by notification in the Gazette, and the Minister may appoint different dates—
for the coming into operation of this Act in different areas or parts of the Iskandar Development Region;
for the coming into operation of different provisions of this Act in the Iskandar Development Region; or
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for the coming into operation of different provisions of this Act in different areas or parts of the Iskandar
Development Region.
Interpretation
the Federal Government, or any State Government, State
Authority or local government; and
any ministry, department, office, agency, authority, commission, committee, board, council or other body, corporate or incorporate, of the Federal Government, or of any State Government or local government, whether established under written law or otherwise;
“committee” means a committee established by the Authority under section 14;
“Approvals and Implementation Committee” means the Approvals and Implementation Committee established under section 30;
“State Planning Committee” means the State Planning Committee for Johore established under section 4 of the Town and Country
Planning Act 1976 [Act 172];
“Approvals” means licences, permits or passes, registrations and other approvals including those related to the admission into, and departure from, Malaysia, of non-Malaysian citizens, and for tax, customs and excise duties and other fiscal incentives, required for or in connection with trade, investment and development in the Iskandar Development Region;
“Chief Executive” means the chief executive officer appointed under subsection 18(1) and includes any officer directed under subsection 18(7) to perform the duties of the chief executive officer;
“Fund” means the Iskandar Regional Development Authority
Fund established under section 33;
“Social Projects Fund” means the Social Projects Fund established under section 37;
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“National Physical Planning Council” has the meaning assigned to it in the Town and Country Planning Act 1976;
“prescribe” means prescribe by regulations;
“Minister” means the Prime Minister;
“Menteri Besar” means the Menteri Besar of Johore;
“Co-Chairmen” means the Co-Chairmen of the Authority appointed pursuant to section 8;
“Commissioners” mean the Commissioners appointed under section 29;
“Authority” means the Iskandar Regional Development Authority established under section 3;
“local planning authority” has the meaning assigned to it in the Town and Country Planning Act 1976;
“local authority” means the local authority for the area or areas within the Iskandar Development Region;
“Comprehensive Development Plan” means the Comprehensive
Development Plan for the Iskandar Development Region, and includes any alteration of such Comprehensive Development Plan by virtue of section 25; and “draft Comprehensive Development
Plan” shall be construed as the context requires;
“structure plan” has the meaning assigned to it in the Town and
Country Planning Act 1976 in its application to the State of Johore;
“local plan” has the meaning assigned to it in the Town and
Country Planning Act 1976;
“open space” means any land whether enclosed or not which is laid out or reserved for laying out wholly or partly as a public garden, park, sports and recreation ground, pleasure ground, walk or as a public place;
“Iskandar Development Region” means the area or areas determined by the Minister in accordance with section 15.
For the avoidance of doubt, nothing in this Act shall be construed as reducing or limiting the jurisdiction, powers and
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functions of the State Authority of Johore in relation to land and local government matters.
Part II
Subject to and for the purposes of this Act, the Authority may, upon such terms as it deems fit—
acquire, purchase, take, hold and enjoy movable and immovable property of every description; and
convey, assign, surrender, yield up, charge, mortgage, demise, reassign, transfer, or otherwise dispose of, or deal with, any movable or immovable property or any interest vested in the Authority.
Objective of the Authority
The objective of the Authority is to develop the Iskandar
Development Region into a strong and sustainable metropolis of international standing.
Functions of the Authority
The functions of the Authority shall be—
to establish national policies, direction and strategies in relation to development within the Iskandar Development
Region and other functions in connection therewith as provided in Part IV;
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to co-ordinate the performance of the activities carried out by Government Entities in the Iskandar Development
Region as provided in Part V including—
to act as a principal co-ordinating agent or authorized agent in relation to applications for Approvals in respect of which the Authority has entered into an agreement or arrangement under section 31;
to recommend uniform standards, guidelines, best practices and administrative processes and procedures to be used by Government Entities for the Iskandar Development Region; and
to monitor the implementation of uniform standards, guidelines, best practices and administrative processes and procedures in facilitating the development of the Iskandar Development
Region;
to conduct inquiries, carry out surveys, collate, analyse and publish information, statistics and factors influencing or relevant to development, business or investment and to disseminate such information, statistics and factors to investors or potential investors, whether local or foreign, in the Iskandar Development Region and to the relevant
Government Entities;
to recommend to the relevant Government Entities policies, laws and actions to be applied to the Iskandar Development
Region to enhance the international competitiveness of industry and commerce in the Iskandar Development
Region;
to recommend to the relevant Government Entities incentives in relation to taxes, customs and excise duties and other fiscal incentives applicable to investors in the Iskandar
Development Region;
to promote and stimulate the Iskandar Development
Region as a trade, investment and logistics centre, duty free area and tourist destination;
to promote, stimulate, facilitate and undertake in the
Iskandar Development Region—
economic and social development;
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the development of tourism and infrastructure as well as residential, agricultural, industrial and commercial development;
to promote private sector investment in the development mentioned in paragraph (g);
to plan, phase and co-ordinate the performance of the activities mentioned in paragraphs (f) and (g) and such other activities within the Iskandar Development Region which are deemed by the Authority to be of strategic national importance or in the national interest; and
to carry out any other function conferred by or under this Act and to perform any other functions that are supplemental, incidental, or consequential to any of the functions specified in this section.
Powers of the Authority
Subject to and for the purposes of this Act, the powers of the
to carry on all activities, particularly activities which are commercial or industrial in nature, activities relating to trade, investment, logistics, tourism, infrastructure and activities of research and training, the carrying on whereof appears to it to be requisite, advantageous or convenient for or in connection with the performance of its functions;
to initiate and carry out studies of possible development and redevelopment areas and to propose plans outlining development or redevelopment activities and surveys to determine if the undertaking and carrying out of development or redevelopment projects are feasible;
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all relevant Government Entities to give such assistance and submit such information in their possession as may be required by the Authority in order for the Authority to carry out the functions mentioned in paragraph 5(c); and
all Government Entities, companies and corporations, and other bodies and persons, whether local or foreign, engaged in carrying out or intending to carry out development in the Iskandar Development
Region to submit reports, containing such particulars and information as may be specified by the
Authority, regarding their activities or proposed activities;
to co-ordinate development, including the development of property, infrastructure and public amenities in the
Iskandar Development Region;
to make recommendations to the State Authority of Johore and local authorities within the Iskandar Development
Region in relation to local government functions and services including local planning control and the regulation, approval or control of all buildings and building operations, the repair and removal of ruinous and dangerous buildings, and the prohibition, closure and demolition of a building of a particular class, design or appearance in the Iskandar Development Region;
to co-operate with or act as authorized agent of, or otherwise act in association with or on behalf of, any
Government Entity, any company or corporation, or any body or person, whether local or foreign;
to directly or indirectly approach any investor or potential investor, whether local or foreign, in order to promote investment in the Iskandar Development Region;
to promote and co-ordinate the carrying on of the activities mentioned in paragraphs (a) and (b) by any Government
Entity or person, whether local or foreign;
to establish or expand, or promote the establishment or expansion of, companies or other bodies to carry on any of the activities mentioned in paragraphs (a) and
either under the control or partial control of the
Authority or independently;
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to underwrite or otherwise acquire and hold any securities and to dispose of the securities on such terms and conditions as the Authority may determine;
subject to and in accordance with any written law, to establish, manage and operate any investment fund, whether relating to property, stock, shares or otherwise, and to dissolve the investment fund on such terms and conditions as the Authority may determine;
to apply for and accept the alienation or transfer of land within the Iskandar Development Region for development;
to appoint such agents as it may deem fit for the purpose of performing its functions;
to impose fees, costs, levies, contributions or any other charges as it deems fit for giving effect to any of its functions or powers; and
to do all things expedient or necessary for or incidental to the performance of its functions under this Act.
Additional functions of the Authority
Authority shall include power—
In addition to the duties imposed on and powers vested in the Authority by this Act, the Authority may undertake such other functions, exercise such other powers and expend such other moneys for such purposes as the Federal Government or, with the approval of the Minister, the State Government of
Johore may assign or give to it, and in so doing the Authority shall be deemed to be fulfilling the purposes of this Act and the provisions of this Act shall apply to the Authority in respect of the undertaking of such functions, the exercise of such powers and the expending of such moneys:
Provided that the accounts of such moneys shall be kept separate and apart from those of the Fund.
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Membership of the Authority
two Co-Chairmen, one of whom shall be the Prime
Minister and the other shall be the Menteri Besar;
the Secretary General of the Federal Treasury;
and
the Director General of the Economic Planning
Unit of the Prime Minister’s Department;
the State Secretary for the State of Johore; and
the Director of the State Economic Planning Unit of the State of Johore; and
two other members who shall be appointed by the Minister with the concurrence of the Menteri Besar, who, in the opinion of the Minister, have the experience and shown capacity and professionalism in matters relating to banking, finance, planning, local government, commerce, business or administration, or to be otherwise suitable for appointment because of their special knowledge, experience or academic qualifications, one of whom shall be from the private banking, finance or commerce sector.
The Deputy Prime Minister shall be the alternate member to the Prime Minister to preside, in place of the Prime Minister, at a meeting of the Authority if the Prime Minister is for any reason unable to attend.
When presiding at a meeting of the Authority, the Deputy
Prime Minister shall for all purposes be deemed to be one of the
Co-Chairmen.
The provisions of the Schedule shall apply to the
Authority.
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Appointment, revocation and resignation
The appointment of any member pursuant to paragraph 8(1)(d)
may at any time be revoked by the Minister, with the concurrence of the Menteri Besar, without assigning any reason for the revocation.
A member appointed pursuant to paragraph 8(1)(d) may at any time resign his office by letter addressed to the Minister.
Vacation of office
The office of a member of the Authority appointed pursuant to paragraph 8(1)(d) is vacated—
if there has been proved against him, or he has been convicted on, a charge in respect of—
an offence involving fraud, dishonesty or moral turpitude;
any other offence punishable with imprisonment
(in itself only or in addition to or in lieu of a fine) for more than two years;
if he is of unsound mind or is otherwise incapable of discharging his duties;
if he absents himself from three consecutive meetings of the Authority without leave of the Co-Chairmen;
if his appointment is revoked by the Minister.
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Filling of vacancy
Where any person ceases to be a member of the Authority by reason of any of the provisions of this Act, another person shall be appointed in his place in accordance with the provisions applying.
Remuneration or allowance
There may be paid to the members of the Authority such remuneration or allowance as the Minister may determine.
Disclosure of interest
A disclosure under subsection (1) shall be recorded in the minutes of the meeting of the Authority, the Approvals and
Implementation Committee or the committee, as the case may be, in which the matter is discussed and, after the disclosure, the member—
shall not be present or take part in any discussion or decision of the Authority, the Approvals and Implementation
Committee or the committee, as the case may be, about the matter; and
shall be disregarded for the purpose of constituting a quorum of the Authority, the Approvals and Implementation
Committee or the committee, as the case may be, when the matter is discussed or decided upon.
Any member of the Authority, the Approvals and
Implementation Committee or a committee who fails to disclose his interest as provided under subsection (1) commits an offence
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and shall, on conviction, be liable to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding two years or to both.
No act or proceedings of the Authority, the Approvals and
Implementation Committee or a committee shall be invalidated on the ground that any member of the Authority, the Approvals and Implementation Committee or the committee has contravened this section.
For the purpose of this section—
“a member of his family”, in relation to a member of the
Authority, the Approvals and Implementation Committee or a committee, includes—
a spouse of his child, brother or sister; and
“associate”, in relation to a member of the Authority, the
Approvals and Implementation Committee or a committee, means—
a trustee of a trust under which the member or a member of his family is a beneficiary; or
any corporation within the meaning of the Companies Act 1965 [Act 125], of which the member or any nominee of his or a member of the member’s family is a director or has a substantial shareholding in the corporation.
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The Authority may establish committees
The Authority may elect any of its members to be the chairman of a committee.
The Authority may appoint any person to be a member of any committee established under subsection (1).
A member of a committee shall hold office for such term as may be specified in his letter of appointment and is eligible for reappointment.
The Authority may revoke the appointment of any member of a committee without assigning any reason for the revocation.
A member of a committee may at any time resign by giving notice in writing to the Co-Chairmen of the Authority.
A committee shall be subject to and act in accordance with any direction given to the committee by the Authority.
The Authority may at any time discontinue or alter the constitution of a committee.
Meetings of a committee shall be held at such times and places as the chairman of the committee may determine.
A committee shall cause—
copies of the minutes of all its meetings to be submitted to the Authority as soon as practicable.
Any minutes made of a meeting of a committee shall, if duly signed, be admissible in evidence in all legal proceedings without further proof.
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Every meeting of a committee in respect of the proceedings of which minutes have been made in accordance with subsections (11)
and (12) shall be deemed to have been duly convened and held and all members thereat to have been duly qualified to act.
A committee may invite any person to attend any of its meetings, for the purpose of advising it on any matter under discussion, but that person shall not be entitled to vote at the meeting.
Members of a committee or any person invited to attend any meeting of a committee may be paid such allowances and other expenses as the Authority may determine.
No act done or proceeding taken under this Act shall be questioned on the ground of—
any vacancy in the membership of, or any defect in the constitution of, a committee; or
any omission, defect or an irregularity not affecting the merit of the case.
The Iskandar Development Region
Notwithstanding any other written law, it shall be the responsibility of the Authority to perform, in the Iskandar
Development Region, the functions provided by this Act.
Delegation of the Authority’s functions and powers
Without prejudice to subsection (1) and other provisions of this Act, the Authority may delegate to a member of the
Authority, the Approvals and Implementation Committee or a committee or an officer of the Authority, authority to sanction expenditure from the Fund, the Social Projects Fund or any other moneys vested in and under the control of the Authority up to such limit as the Authority shall specify.
A member of the Authority, the Approvals and Implementation
Committee or a committee or an officer, as the case may be, delegated with such function or power shall be bound to observe and have regard to all conditions and restrictions imposed by the
Authority and all requirements, procedures and matters specified by the Authority.
Any function or power delegated under this section shall be performed and exercised in the name and on behalf of the
Authority.
A delegation under this section shall not preclude the
Authority itself from performing or exercising at any time any of the delegated functions or powers.
Returns, reports, accounts and information
Without prejudice to the generality of subsection (1), the Authority shall, as soon as practicable after the end of each financial year, cause to be made and transmitted to the Minister and, if so directed by the Minister, to any other public authority a report dealing with the activities of the Authority during the preceding financial year.
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The report under subsection (2) shall be in such form and shall contain such information relating to the proceedings and policy of the Authority as the Minister may, from time to time, specify.
Part III
AUTHORITY
The Chief Executive
The Chief Executive shall be responsible for—
the general conduct, administration and management of the functions, activities and day to day affairs of the
Authority;
the preparation of programs, schemes and projects for the consideration of the Authority;
the carrying out of the decisions of the Authority and the directions of the Co-Chairmen.
The Chief Executive shall have general control of the officers and servants of the Authority.
The Chief Executive shall perform such further duties as the Authority may, from time to time, direct.
In discharging his duties, the Chief Executive shall act under the general authority and direction of the Authority.
If the Chief Executive is temporarily absent from Malaysia or is temporarily incapacitated through illness or for any other reason from the performance of his duties, the Authority may direct any other officer to perform his duties during such temporary absence or incapacity.
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Employment of other officers and servants of the Authority
No person shall be eligible for employment as an officer or servant of the Authority if he has, directly or indirectly, by himself or through his partner, any share or interest in any contract or proposed contract with, for or on behalf of the Authority.
The Authority may, with the approval of the Minister, make regulations with respect to the conditions of service of its officers and servants.
Financial assistance to members, officers, servants and other persons
The Authority may provide—
payment of retirement benefits, gratuities and other allowances as the Authority may determine to the officers and servants of the Authority;
subsidies, grants, financing or credit facilities, with or without interest, for housing or vehicle purposes, and other compassionate financing or loans, to the members, officers and servants of the Authority;
subsidies, grants, financing or credit facilities, with or without interest, for medical purposes to the members, officers and servants of the Authority, and their dependents;
financing or credit facilities, with or without interest, for educational purposes or scholarships to the members, officers and servants of the Authority or any other person; and
donations to any person, on such terms and conditions as the Authority may determine.
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The Authority may adopt regulations, etc.
The Authority may adopt with such modifications as it deems fit any regulations, rules, policies, circulars and directives enacted or issued by the Federal Government in relation to any matter under this Part.
Part IV
DEVELOPMENT IN THE ISKANDAR DEVELOPMENT REGION
Responsibility of the Authority
ensure that the functions are performed in such manner as shall be in furtherance of the policy of the Federal
Government and the State Government of Johore for the time being in force and in particular the policy relating to the development of the Iskandar Development Region;
and
the national policy for the promotion and control of the utilisation of land; and
the general policy of the State Authority of Johore in respect of the planning of the development and use of land and buildings.
Without prejudice to any other provision of this Act, in carrying out its responsibility under subsection (1), the Authority shall—
assist the State Planning Committee and relevant local planning authorities to co-ordinate development in the
Iskandar Development Region, and for this purpose, the
Authority shall prepare a Comprehensive Development
Plan and formulate strategies and initiatives for the implementation of the Comprehensive Development Plan in the private and public sectors for adoption by such local planning authorities pursuant to subsection 24(4);
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integrate the planning policies and strategies of the
Federal Government, State Government of Johore and local planning authorities insofar as they are applicable or relevant to the Iskandar Development Region;
implement strategies and initiatives for the development of international trade and marketing, and the attraction of investment to the Iskandar Development Region, in accordance with the Comprehensive Development Plan;
identify the necessary infrastructure for the maintenance and expansion of the economy of the Iskandar Development
Region in accordance with the Comprehensive Development
Plan, develop and recommend strategies and initiatives for the provision of such infrastructure, receive and channel any funds allocated by Parliament for the provision of such infrastructure and monitor its construction, implementation, operation and upkeep;
recommend criteria to be met by Government Entities and private contractors in relation to the provision of, or the capacity to provide, the infrastructure or services required, in accordance with the Comprehensive Development
Plan, for the economic development of the Iskandar
Development Region;
identify the necessary skills for the maintenance and expansion of the economy of the Iskandar Development
Region and develop strategies for ensuring that those skills are developed and maintained; and
integrate scientific and technological research and its commercial exploitation within the economic framework of the Iskandar Development Region.
Preparation of draft Comprehensive Development Plan
The draft Comprehensive Development Plan shall consist of written statements and—
shall formulate, in such details as the Authority thinks appropriate, its proposals for the overall framework, vision and objectives of the development of the Iskandar
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Development Region, which shall include strategies for the physical, economic and social development of the
Iskandar Development Region;
shall formulate, in such details as the Authority thinks appropriate, its proposals for planning and implementation initiatives to realise the strategies referred to in paragraph
the functions of the Authority under paragraphs 5(b) and (d);
the enhancement of the quality of living environment in the Iskandar Development Region;
the management and promotion of urbanisation of the Iskandar Development Region;
the protection, preservation and enhancement of natural environmental resources, agricultural resources, parks and open spaces in the Iskandar
Development Region;
the development of coastal areas in the Iskandar
Development Region in balance with the protection of the natural coastal environment;
the revitalisation and enhancement of the economic, social and physical environment of the Johor
Bahru City Centre;
the provision, integration and co-ordination of urban infrastructure and utility services in the
Iskandar Development Region;
the improvement of urban linkages within the
Iskandar Development Region for the movement of goods and people;
the promotion of transit-oriented development in the Iskandar Development Region; and
targeted commercial development, which shall be consistent with the overall framework, vision, objectives and strategies referred to in paragraph (a);
and
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may formulate, in such details as the Authority thinks appropriate, its proposals, policies and strategies applicable to the areas surrounding the Iskandar Development
Region insofar as such proposals, policies and strategies are reasonably required to achieve the proposals referred to in paragraphs (a) and (b); and without prejudice to the generality of the foregoing, the proposals, policies and strategies applicable to the areas surrounding the
Iskandar Development Region may include matters relating to security, the protection and improvement of the environment and the preservation of natural resources.
The draft Comprehensive Development Plan shall contain, or be accompanied by, such maps, diagrams, illustrations, reports, drawings, models and descriptive matter as the Authority thinks appropriate for the purpose of explaining or illustrating the proposals in the Comprehensive Development Plan, or as may in any particular case be specified in directions given by the
State Planning Committee; and the maps, diagrams, illustrations, reports, drawings, models and descriptive matter shall be treated as forming part of the Comprehensive Development Plan.
In formulating its proposals in the draft Comprehensive
Development Plan, the Authority shall consult the National
Physical Planning Council, the State Planning Committee and the local planning authorities within the Iskandar Development
Region, and secure that the proposals conform generally to the structure plan as it stands for the time being, whether or not it has come into effect, and shall have regard to—
any information and other considerations that appear to it to be relevant, or that the National Physical Planning
Council or State Planning Committee may in any particular case direct it to take into account; and
national, the State of Johore and regional policies wherever relevant.
Approval or rejection of draft Comprehensive Development
Plan
If the State Planning Committee is of the opinion that the draft Comprehensive Development Plan or any part thereof has not been prepared in accordance with the requirements of subsection 23(4), it may withhold its approval of the draft
Comprehensive Development Plan until such requirements have been met.
The Authority shall publish the fact of the approval of the draft Comprehensive Development Plan by the State Planning
Committee—
at the Authority’s internet website, in the national and English languages, together with the approved
Comprehensive Development Plan; and
in three issues of at least one local newspaper in the national language and one local newspaper in the
English language, together with the marking by which the approved Comprehensive Development Plan may be identified and with a statement of the place where the approved Comprehensive Development Plan may be inspected.
After the Comprehensive Development Plan has been approved—
in relation to any area within the Iskandar Development
Region for which a local plan has yet to receive the assent of the State Authority of Johore, the State
Planning Committee shall give a direction to the relevant local planning authority under paragraph 12(3)(b) and subsection 12(8) of the Town and Country Planning
Act 1976 to incorporate into the draft local plan for the area such contents of the approved Comprehensive
Development Plan as the State Planning Committee may deem relevant or appropriate; and
in relation to any area within the Iskandar Development
Region for which a local plan has received the assent of the State Authority of Johore, the State Planning
Committee shall give a direction to the relevant local planning authority under subsection 16(2) of the Town and Country Planning Act 1976 to alter such local plan by incorporating such contents of the approved
Comprehensive Development Plan as the State Planning
Committee may deem relevant or appropriate.
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Review or alteration of Comprehensive Development Plan
Section 24 shall apply, with the necessary modifications, in relation to an alteration of the Comprehensive Development
Plan as it applies in relation to the preparation of the draft
Comprehensive Development Plan.
Duty to take cognisance of approved Comprehensive Development
Plan
It shall be the duty of every Government Entity and person, whether local or foreign, to take cognisance of, and act in a manner consistent with—
the contents of the approved Comprehensive Development
Plan not incorporated into a local plan pursuant to subsection 24(4) in the performance of its functions and duties, in the exercise of its powers, and in the carrying out of its activities, within the Iskandar Development
Region; and
the contents of the approved Comprehensive Development
Plan as described in paragraph 23(2)(c) not incorporated into a local plan pursuant to subsection 24(4), if any, in the performance of its functions and duties, in the exercise of its powers, and in the carrying out of its activities in the areas surrounding the Iskandar Development
Region.
Prescribed strategic development
Any person or Government Entity intending to carry out—
any development within a prescribed strategic development area, shall first refer such proposed development to the Authority for its direction before carrying out the proposed development.
Directions given under subsection (2) shall be for securing conformity and consistency with the contents of the approved
Comprehensive Development Plan not incorporated into a draft local plan pursuant to subsection 24(4).
Part V
ISKANDAR DEVELOPMENT REGION
Principal co-ordinating agency
act as a principal co-ordinating agent or authorized agent on behalf of the relevant Government Entities in relation to receiving, processing and expediting the requisite
Approvals and administrative actions in connection with applications for Approvals in respect of which the
Authority has entered into an agreement or arrangement under section 31; and
render administrative services and assistance to the State
Authority of Johore in connection with matters relating to land within the Iskandar Development Region.
The Authority may, in carrying out the role mentioned in paragraph (1)(a)—
impose on the applicant for the Approvals such fees, costs, levies, contributions or any other charges as may be prescribed in respect of services rendered by the
Authority; and
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on behalf of the relevant Government Entities, collect from the applicant for the Approvals such fees, costs, levies, contributions or any other charges as may be lawfully required by such Government Entities in connection with the applications.
Federal and State Commissioners
Development Region—
At least one of the Commissioners shall be authorized by the Federal Government to liaise with and coordinate all relevant ministries, departments, offices, agencies, authorities, commissions, committees, boards, councils or other bodies, corporate or incorporate, of the Federal Government in order to expedite the issuance or grant of all Approvals required or available under the federal laws.
At least one of the Commissioners shall be authorized by the State Government of Johore to liaise with and coordinate all relevant departments, offices, agencies, authorities, commissions, committees, boards, councils or other bodies, corporate or incorporate, of the State Government of Johore in order to expedite the issuance or grant of all Approvals required or available under the State laws of Johore.
Approvals and Implementation Committee
a senior representative of the ministry responsible for international trade and industry;
the President of every local authority within the Iskandar
Development Region; and
The Authority may, in respect of each member appointed under paragraphs (1)(c) to (f), appoint an alternate member to attend meetings of the Committee if that member is for any reason unable to attend.
When attending meetings of the Authority an alternate member shall for all purposes be deemed to be a member of the
Committee.
The Approvals and Implementation Committee shall be responsible for—
identifying proposed major or strategic development and investments in the Iskandar Development Region;
monitoring the status of all Approvals in relation to such proposed major or strategic development and investments;
co-ordinating the roles and activities of all relevant
Government Entities to expedite the implementation of such proposed major or strategic development and investments;
identifying any difficulties or issues arising during the implementation of such proposed major or strategic development and investments, and taking or recommending appropriate steps and administrative actions to resolve such difficulties or issues;
reporting the status of the implementation of such proposed major or strategic development and investments to the
Authority; and
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performing any other functions or duties delegated to it by the Authority pursuant to paragraph 16(1)(c).
The Approvals and Implementation Committee shall be subject to and act in accordance with any direction given to the
Committee by the Authority.
Meeting of the Approvals and Implementation Committee shall be held at such times and places as the chairman of the
Committee may determine.
The Approvals and Implementation Committee shall cause—
copies of the minutes of all its meetings to be submitted to the Authority as soon as practicable.
Any minutes made of a meeting of the Approvals and
Implementation Committee shall, if duly signed, be admissible in evidence in all legal proceedings without further proof.
Every meeting of the Approvals and Implementation
Committee in respect of the proceedings of which minutes have been made in accordance with subsections (8) and (9) shall be deemed to have been duly convened and held and all members thereat to have been duly qualified to act.
Members of the Approvals and Implementation Committee may be paid such allowances and other expenses as the Authority may determine.
No act done or proceeding taken under this Act shall be questioned on the ground of—
any vacancy in the membership of, or any defect in the constitution of, the Approvals and Implementation
Committee; or
any omission, defect or an irregularity not affecting the merit of the case.
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Arrangements with Government Entities
the carrying out by the Authority and the Government Entity of any of their respective functions and powers;
the carrying out or provision by the Authority for the
Government Entity, or by the Government Entity for the Authority, of any works or services; or
the collection by the Authority on behalf of the Government
Entity of such fees, costs, levies, contributions or any other charges as may be lawfully required, charged or imposed by such Government Entity.
Any agreement or arrangement entered into under subsection (1) shall be—
with the consent of the State Authority of Johore in the case of a Johore State Government Entity; and
subject to and in accordance with the laws governing the powers and functions of the relevant Government
Entity.
Responsibility of Government Entities
It shall be the responsibility of every Government Entity to—
co-operate with and assist the Authority in the performance by the Authority of its functions under this Act;
where relevant, refer and utilise the information, statistics and factors disseminated by the Authority under paragraph 5(c) in the performance of its functions and duties, in the exercise of its powers, and in the carrying out of its activities, within the Iskandar Development Region;
and
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give due consideration to proposed policies, laws and actions to be applied to the Iskandar Development Region as recommended by the Authority under paragraph 5(d).
Part VI
The Fund
The Fund shall consist of—
such sums as may be provided by the Parliament for the purposes of this Act from time to time;
such sums as may be paid to the Authority from time to time for loans made by the Authority;
all moneys earned by the operation of any project, scheme or enterprise financed from the Fund;
all moneys earned or arising from any property, investment, investment fund, mortgage, charge or debenture acquired by or vested in the Authority;
any property, investment, investment fund, mortgage, charge or debenture acquired by or vested in the Authority;
sums borrowed by the Authority for the purposes of meeting any of its obligations or discharging any of its duties;
fees, costs, levies, contributions and other charges imposed by the Authority under this Act;
all moneys earned from consultancy and advisory services and any other service rendered by the Authority;
all other sums or property, other than sums mentioned in paragraph 28(2)(b) and subsection 37(2), which may in any manner become payable to or vested in the Authority in respect of any matter incidental to its functions, powers and duties; and
all other moneys lawfully received by the Authority.
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Expenditure to be charged on the Fund
The Fund shall be expended for the purposes of—
paying any expenditure lawfully incurred by the Authority, including survey and legal fees and costs and other fees and costs;
paying for the remuneration, allowances and other expenses of the members of the Authority, the Approvals and
Implementation Committee, any committee, officers and servants of the Authority including the granting of loans and advances, superannuation allowances, retirement benefits, pensions and gratuities;
paying any other expenses, costs or expenditure lawfully incurred or accepted by the Authority in the performance of its functions or the exercise of its powers under this
Act;
purchasing or hiring plant, equipment, machinery and materials, acquiring land and other assets, and erecting buildings, and carrying out any other works and undertakings in the performance of its functions or the exercise of its powers under this Act;
repaying any moneys borrowed under this Act and the interest due on the borrowed moneys;
generally paying any expenses for carrying into effect the provisions of this Act.
Conservation of the Fund
It shall be the duty of the Authority to conserve the Fund by so performing its functions and exercising its powers under this Act to secure that the total revenues of the Authority are sufficient to meet all sums properly chargeable to its revenue account, including depreciation and interest on capital, taking one year with another.
Reserve fund
The Authority shall establish and manage a reserve fund within the Fund.
Iskandar Regional Development Authority 37
Social Projects Fund
The Social Projects Fund shall consist of—
such sums as may be contributed or donated from time to time for the purposes of the Social Projects Fund by any person, corporation or other entity; and
The Social Projects Fund shall be expended for projects, schemes and undertakings which, in the opinion of the
Authority, are for the general benefit of the Iskandar Development
Region community and consistent with the strategies and initiatives in the Comprehensive Development Plan relating to social development, and which may, for the avoidance of doubt, include projects, schemes and undertakings for the promotion of art and culture.
Bank accounts
The Authority shall open and maintain an account or accounts with such banks in Malaysia as the Authority thinks fit, and every account shall be operated upon as far as practicable by cheques signed by any person as may be authorized by the Authority for such purpose from time to time.
Power to borrow
The Authority may from time to time, with the approval of the Federal Government, borrow money by the issue of bonds, debentures or stock of such class and value and upon such terms as it may, with the approval of the Federal Government, deem expedient, for all or any of the following purposes:
the performance of the functions, the exercise of the powers and the discharge of the duties of the Authority under this Act;
the performance of such additional functions as may be undertaken by the Authority under this Act;
the redemption of any shares or stock which the Authority is required or entitled to redeem; and
The moneys of the Authority, insofar as they are not required to be expended by the Authority under this Act, shall be invested in such manner as the Minister may approve.
Expenditure and preparation of estimates
Before the beginning of September of each year, the Authority shall submit to the Minister an estimate of the expenditure, including the expenditure for development projects, for the following year in such form and containing such particulars as the Minister may direct.
The Minister shall, before the beginning of the following year, notify the Authority of the amount authorized for expenditure generally or of the amounts authorized for each description of expenditure.
Iskandar Regional Development Authority 39
The Authority may at any time submit to the Minister a supplementary estimate of its expenditure for any one year and the Minister may allow the whole or any part of the additional expenditure included in the supplementary estimate.
The Minister may direct the Authority to submit a copy of the estimate or supplementary estimate, as the case may be, to such other public authority as may be specified in the direction.
Financial year
The financial year of the Authority shall begin on 1 January and end on 31 December of each year.
Statutory Bodies (Accounts and Annual Reports) Act 1980
The Statutory Bodies (Accounts and Annual Reports) Act 1980 [Act 240] shall apply to the Authority.
Part VII
Power to employ
The Authority may employ, appoint and pay agents, contractors and technical advisers, including advocates and solicitors, bankers, stockbrokers, surveyors, valuers and other persons, to transact any business, to carry out any project, scheme or enterprise, or to do any act required to be transacted or done in the performance of its functions, the exercise of its powers or the discharge of its duties or for the better carrying into effect the purposes of this
Act.
Power to establish companies
The Authority may establish companies under the Companies
Act 1965 to carry out and have the charge, conduct and management of any project, scheme or enterprise which has been planned or undertaken by the Authority in the performance of its functions or the exercise of its powers.
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Offence for giving false or misleading information
If a person who commits an offence under subsection (1)
is one whose profession is regulated by any written law, he shall, on conviction, be liable to a fine not exceeding one hundred thousand ringgit.
Offence for unauthorized modification of information in the
Authority’s custody
For the purposes of this section—
any particular information, statistic or data;
it is immaterial whether an unauthorized modification is, or is intended to be, permanent or merely temporary;
such information, statistic or data is altered or erased;
any new information, statistic or data is introduced or added to such information, statistic or data;
or
Iskandar Regional Development Authority 41
any event occurs which impairs the ability of the
Authority to have access to such information, statistic or data, and includes any act that contributes towards causing such a modification.
A person who commits an offence under this section shall, on conviction, be liable to a fine not exceeding one hundred thousand ringgit, or be liable to a fine not exceeding one hundred and fifty thousand ringgit if the act is done with the intention of causing injury as defined in the Penal Code [Act 574].
Exemption from stamp duty
The Authority and every company established by the Authority shall be exempted from the payment of stamp duty under the
Stamp Act 1949 [Act 378].
Obligation of secrecy
Any person contravening subsection (1) commits an offence and shall, on conviction, be liable to imprisonment for a term not exceeding six months or to a fine not exceeding ten thousand ringgit or to both.
Protection against suit and legal proceedings
No action, suit, prosecution or other proceedings shall lie or be brought, instituted or maintained in any court against—
any member of the Authority, any member of the
Approvals and Implementation Committee, any member of a committee, or any officer, servant or agent of the
Authority; or
any other person lawfully acting on behalf of the
Authority, in respect of any act, neglect or default done or committed by him or it in good faith or any omission omitted by him or it in good faith in such capacity.
Public Authorities Protection Act 1948
The Public Authorities Protection Act 1948 [Act 198] shall apply to any action, suit, prosecution or proceedings against the
Authority or against any member of the Authority, any member of the Approvals and Implementation Committee, any member of a committee, or any officer, servant or agent of the Authority in respect of any act, neglect or default done or omitted by it or him in such capacity.
Public servants
Implementation Committee or any committee, or any officer, servant or agent of the Authority, while discharging his duty under this Act as such member, officer, servant or agent, shall be deemed to be a public servant within the meaning of the Penal
Code.
Representation in civil proceedings
in any other civil proceedings in which the Authority is required or permitted by the court to be represented, or to be heard, or is otherwise entitled to be represented or to be heard,
Iskandar Regional Development Authority 43
any person authorized by the Authority for that purpose may, on behalf of the Authority, institute such proceedings or appear in such proceedings and may make all appearances and applications and do all acts in respect of the proceedings on behalf of the
Authority.
Power to make regulations
Without prejudice to the generality of subsection (1), regulations may be made for—
monitoring the development of land in the Iskandar
Development Region and generally providing for the orderly development of land in the Iskandar Development
Region;
prescribing the manner in which documents, cheques and instruments of any description shall be signed or executed on behalf of the Authority;
prescribing the responsibilities and control of officers and servants of the Authority;
imposing fees, costs, levies, contributions or any other charges in such cases as may be determined by the
Authority;
providing for such matters in connection with shares, stock, bonds or debentures issued under this Act as may appear necessary or expedient to the Authority, and, in particular, for regulating the method of issue, transfer, redemption or other dealing with such shares, stock, bonds or debentures;
prescribing the description or type of prescribed strategic development or prescribed strategic development area for the purposes of section 27;
prescribing the manner in which and the terms and conditions on which financial assistance may be provided by the Authority under section 20;
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prescribing the details of the forms and contents of the
Comprehensive Development Plan, the procedure to be followed in the preparation, submission and approval thereof;
prescribing the procedures to be followed in entering into agreements or arrangements with Government Entities pursuant to section 31;
prescribing all matters relating to the administration of the Social Projects Fund; and
providing for such other matters as are contemplated by, or necessary for giving full effect to the provisions of this Act.
Regulations made under this section may prescribe any act or omission in contravention of the regulations to be an offence and may prescribe penalties of a fine not exceeding fifty thousand ringgit or imprisonment for a term not exceeding two years or to both, and in the case of a continuing offence, may prescribe a further fine of five thousand ringgit for every day or part of a day during which the offence continues after conviction.
Things done in anticipation of the enactment of this Act
All acts and things done on behalf of the Authority in preparation for or in anticipation of the enactment of this Act and any expenditure incurred in relation thereto shall be deemed to have been authorized under this Act, provided that the acts and things done are consistent with the general intention and purposes of this Act; and all rights and obligations acquired or incurred as a result of the doing of those acts or things including any expenditure incurred in relation thereto shall upon the coming into operation of this Act be deemed to be the rights and obligations of the Authority.
Prevention of anomalies
The Minister shall not exercise the powers conferred by this section after the expiration of two years from the date of coming into operation of this Act.
In this section, “modifications” means amendments, additions, deletions and substitutions of any provision of this Act.
[Subsection 8(4)]
Meetings
1. (1) The Authority shall meet at such times and places as the Co-Chairmen may determine.
The Co-Chairmen shall preside at a meeting of the Authority.
The Co-Chairmen who preside at a meeting of the Authority under subparagraph (2) and four other members shall constitute a quorum at any meeting of the Authority.
Subject to subparagraph (5), every member present at a meeting of the
Authority shall be entitled to one vote.
For the avoidance of doubt, in all meetings presided by the Co-Chairmen, the vote of the Co-Chairmen shall be counted as one.
If on any question to be determined by the Authority there is an equality of votes, the Co-Chairmen shall have a casting vote.
Authority may invite others to meetings
2. (1) The Authority may invite any other person to attend any meeting or discussion of the Authority for the purpose of advising it on any matter under discussion, but any person so attending shall have no right to vote at the meeting or discussion.
Any person invited to attend any meeting or discussion of the Authority under subparagraph (1) may be paid such allowances and other expenses as the Authority may determine.
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Resolutions without meetings
3. (1) A resolution is taken to have been passed at a meeting of the Authority if—
all members of the Authority have been informed of the proposed resolution, or reasonable efforts have been made to inform all members of the Authority of the proposed resolution; and
without meeting, all of the members of the Authority indicate agreement with the resolution in accordance with the method determined by the Authority under subparagraph (2).
Subparagraph (1) applies only if the Authority—
decides that the subparagraph applies; and
decides the method by which members of the Authority are to indicate agreement with the resolutions.
Common seal
4. (1) The Authority shall have a common seal which shall bear such device as the Authority shall approve and such seal may be broken, changed, altered or made anew as the Authority may think fit.
Until a seal is provided by the Authority, a stamp bearing the words
“Iskandar Regional Development Authority” may be used and shall be deemed to be the common seal of the Authority.
The common seal shall be kept in the custody of the Chief Executive or such other person as may be authorized by the Authority, and shall be authenticated by the Chief Executive or such authorized person or by any officer authorized by either of them in writing; and all deeds, documents or other instruments purporting to be sealed with that seal, authenticated as specified in this subparagraph, shall, until the contrary is proved, be deemed to have been validly executed.
Notwithstanding subparagraph (3), any document or instrument which if executed by a person who is not being a body corporate would not be required to be under seal may in like manner be executed by the Authority; and any such document or instrument may be executed on behalf of the Authority by any officer or servant of the Authority generally or specially authorized by the Authority in that behalf.
The common seal of the Authority shall be officially and judicially noticed.
Minutes
5. (1) The Authority shall cause minutes of all its meetings to be maintained and kept in a proper form.
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Any minutes made of a meeting of the Authority shall, if duly signed, be admissible in evidence in all legal proceedings without further proof.
Every meeting of the Authority in respect of the proceedings of which minutes have been made in accordance with subparagraphs (1) and (2) shall be deemed to have been duly convened and held and all members thereat to have been duly qualified to act.
Procedure
6. Subject to this Act, the Authority may regulate its own procedure.
Validity of acts and proceedings
7. No act done or proceeding taken under this Act shall be questioned on the ground of—
any vacancy in the membership of, or any defect in the constitution of, the Authority;
any omission, defect or irregularity not affecting the merits of the case.
Member of Authority to devote time to business of the Authority
8. Every member of the Authority shall devote such time to the business of the Authority as may be necessary to discharge his duties effectively.
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Iskandar Regional Development Authority act 2007
list of amendments
Amending law
Short title
In force from
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Iskandar Regional Development Authority 49
Act 664
Iskandar Regional Development Authority act 2007
list of sections amended
Section
Amending authority
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