Section 11 — AKTA JALAN, PARIT DAN BANGUNAN 1974

(2)

In apportioning the estimated cost thereof among the frontagers or developers, the local authority may take into consideration any or all of the following factors:

(a)

the frontage of their respective premises;

(b)

the area of their respective premises;

(c)

the degree of benefit to be derived by those premises from the construction of such street works;

(d)

the amount and value of street works already executed by any frontager or developer;

(e)

reasonable charges in respect of surveys, superintendence and publication and service of notices; and

(f)

any other matters which in the opinion of the local authority are relevant and proper to be considered.

Street, Drainage and Building 27

Plans, etc., to be open to inspection by or on behalf of any person upon whom notice served

(3)

During one month from the date of the issue for service of the notice referred to in subsection (1), the said plans, specifications, estimate and provisional apportionment shall be open to inspection by or on behalf of any person upon whom such notice has been served and by or on behalf of the owners of any building or holding listed at the office of the local authority; and such notice shall state—

(a)

that such plan, specification, estimate and provisional apportionment are so open to inspection as aforesaid during the usual office hours until a day (not less than one month from the date of issue for service of such notice) upon which the local authority will consider any objections to the proposed street works or to the plan, specification, estimate and provisional apportionment or any amendment thereof;

and

(b)

that in default of compliance with the requirements of the local authority as stated in such notice, the local authority will itself cause the street works to be executed.

Local authority may amend plan, etc., for any street works

(4)

The local authority may from time to time amend the plan, specification, estimate and provisional apportionment for any street works, but if by reason of such an amendment the estimate in respect of any private street or part thereof is increased or the provisional apportionment of the cost of such street works on any premises is increased, such notices previously served shall be withdrawn by the local authority and fresh notices based on the amended plan, specification, estimate and provisional apportionment or any of them shall be served by the local authority in accordance with the provisions of subsection (1) and the amended plan, specification, estimate and provisional apportionment shall be similarly open to inspection.

28 Laws of Malaysia ACT 133

Frontagers may object to execution of proposed street works and to plan, etc.

(5)

During the period of one month referred to in subsection (3) the frontager or developer shown in the provisional apportionment or amended provisional apportionment as liable to be charged with any part of the expenses of executing the street works may, by notice in writing duly served upon the local authority, object to the proposed street works and to the plan, specification, estimate and provisional apportionment or to any one or more of them or to any amendment thereof pursuant to subsection (4), on any one or more of the following grounds:

(a)

that the alleged private street or part thereof is not or does not form part of a street within the meaning of this Act;

(b)

that the alleged private street or part thereof is (in whole or in part) a public street;

(c)

that there has been some material informality, defect or error in, or in respect of, the decision, notice, plan, specification, estimate or provisional apportionment or amendment thereof;

(d)

that the proposed street works are insufficient or unreasonable or that the expenses as estimated are excessive;

(e)

that any premises ought to be excluded from or listed in the provisional apportionment;

(f)

that the provisional apportionment or amended provisional apportionment is incorrect in respect of some matter of fact to be specified in the objection or (where the provisional apportionment is made with regard to other considerations other than frontage as provided in this section) in respect of the degree of benefit derived by any person or the amount and value of any street works already executed by the owner or occupier of any premises.

Street, Drainage and Building 29

Objections

(6)

After objections duly made under subsection (5) have been inquired into and the persons making them have been allowed an opportunity of being heard, the local authority may at its discretion confirm or amend the plan, specification, estimate and provisional apportionment.

(7)

The plan, specification, estimate and provisional apportionment so confirmed or amended shall be open to inspection by the persons referred to in subsection (3) or (4) during the usual office hours at the office of the local authority and a notice stating that they are open to inspection shall be published in such manner as the local authority may determine.

(8)

No objection shall be made to such amended requisition or estimates or apportionment.

When local authority may execute work

(9)

If such street works—

(a)

are not commenced within the period specified in the notice served under subsection (1); or

(b)

are not commenced within thirty days from the date of such confirmation or amendment under subsection (6); or

(c)

having been commenced are thereafter suspended or are not completed within the period specified in the notice under subsection (1) or within thirty days of confirmation or amendment under subsection (6) as the case may be, the local authority may, if it thinks fit, cause the same to be executed and completed.

30 Laws of Malaysia ACT 133

Final apportionment on completion of work

(10)

When the street works have been completed by the local authority and the cost thereof ascertained, the local authority shall cause a final apportionment of the cost of such street works to be made by dividing the expenses in the same proportions as those made in which the estimated expenses were divided in the provisional apportionment or amended provisional apportionment (as the case may be) and such final apportionment shall be conclusive for all purposes and notice of such final apportionment shall be served upon persons who are frontagers at the time of completion of the work affected thereby or the developers or both and the sums apportioned thereby shall be recoverable in the manner hereinafter provided.

Extent of liability of owner when expenses exceeded

(11)

If the expenses incurred by the local authority in executing the street works as shown in the final apportionment exceeds the estimated expenses as shown in the provisional apportionment or amended provisional apportionment (as the case may be) the frontagers or developers affected shall not be liable to pay that part of such expenses as shown in the final apportionment which are in excess of a sum equal to the estimates shown in the said provisional apportionment plus ten per centum thereof.

(12)

(a)

The local authority may instead of charging the frontagers or developers pay the whole or part of the cost of the street works and may exempt any premises or class of premises from payment of the whole or part of the cost apportioned to that premises or class of premises.

(b)

If the local authority exempt any premises or class of premises from payment of the whole or part of the apportioned cost, the local authority shall pay the sums apportioned to such premises or class of premises as if it were the owner of that premises or class of premises.

(13)

For the purpose of this section “developer” means the developer of lands belonging to persons who would be frontagers.

Street, Drainage and Building 31

Declaration of public streets