Malaysia legislation

Section 22

of *STREET, DRAINAGE AND BUILDING ACT 1974

Section 22

(2)

The local authority shall as soon as the scheme is prepared publish a public notice of the preparation of the scheme in the Gazette and in such local newspaper or newspapers as the local authority may determine, giving particulars of place where copies of the scheme may be inspected, inviting objections in writing from any person with respect to the scheme and stating the period (which shall not be less than one month) within which such objections may be made.

(3)

If no objection is received within the period in which objections may be made the local authority shall apply to the State Authority for an order that the scheme be confirmed.

(4)

Where there is any objection the local authority shall, after the expiry of the period within which such objection may be received, consider such objection and may in this connection hear any person who in filing the objection has requested to be heard.

(5)

The local authority shall after considering the objection submit to the State Authority its scheme whether modified or otherwise and may enter its reasons for refusing to modify or for modifying in the manner that it did.

Order may be made with conditions

(6)

The State Authority may by order confirm the scheme submitted by the local authority under subsection (3) or (5) and may, in confirming the scheme, modify the scheme or impose such conditions as the State Authority thinks fit.

42 Laws of Malaysia ACT 133

State Authority may modify scheme

(7)

The State Authority may, on the application of either the owner of the land affected or the local authority at any time after any scheme has been confirmed under subsection (6) but only after giving every owner or reputed owner of any property which in its opinion is affected by such modification and the local authority an opportunity to be heard either in person or by counsel, modify such scheme or any part thereof.

Effect of plan forming part of scheme

(8)

Any plan forming part of any scheme made under this section shall, for the purposes of section 70, have the same effect as a plan approved by the local authority under that section:

Provided that the duty imposed by the scheme shall not attach to any person unless and until he submits a plan for the erection of a building on some part of the land comprised in the plan under section 70.

Regular line of street may be prescribed