Malaysia legislation
Section 8
Section 8
(a)
constructing the new street; or
(b)
widening, opening, enlarging or otherwise improving the public street,
Street, Drainage and Building 21
from the developer concerned or the frontagers or both.
(2)
If such sum is to be paid by the developer, it may be recovered from the developer.
(3)
If such cost is to be paid by the frontagers, the persons who are the frontagers when the work is completed shall be liable and the sum shall be recoverable in the manner hereinafter provided.
(4)
In determining the respective amounts to be paid by 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 the street;
(d)
where any section of the street has previously been constructed, the amount and value of street works already executed by the frontager;
(e)
reasonable charges in respect of surveys and superintendence;
(f)
the cost of the premises voluntarily surrendered by the owners to the local authority; and
(g)
any other matters which in the opinion of the local authority are relevant and proper to be considered.
(5)
If the frontager or the developer is dissatisfied with the apportionment of costs, he may, within one month of the receipt of the notice of apportionment, appeal to the State Authority whose decision shall be final and shall not be subject to any appeal or review in any court.
22 Laws of Malaysia ACT 133
(6)
The local authority may exempt any frontager or class of frontagers from payment of the whole or part of the cost of the street works.
Private persons making new streets