Malaysia legislation
Section 9
Section 9
(2)
Any person who intends to make any new street shall apply to the local authority, accompanied by a plan in duplicate, showing the intended level and construction of such street and the level of the houses to be built on the land abutting upon it and the proposed manner of draining it and by a statement specifying the use for which such street is intended:
Provided that the local authority shall not approve the detailed plans of any new street unless the use of the land for this purpose has been approved by the competent authority under any law relating to town and country planning.
(3)
The local authority may give written directions to the person submitting a plan for a new street with regard to any of the following particulars:
(a)
compliance with this Act and any by-laws made thereunder;
(b)
the line of the new street, so as to ensure that it forms a continuous street with any existing or proposed new street;
(c)
the level, material and construction of the new street;
(d)
the provision of footpaths and the size, specification and gradient of such footpaths;
(e)
the provision along the length of the new street of intersecting streets or back-lanes;
Street, Drainage and Building 23
(f)
the width of the new street;
(g)
the width of any intersecting street or back-lane, which shall be of such width as the local authority requires;
(h)
the gradients, levels and mode of drainage of the new street and of any intersecting streets or back-lanes;
(i)
the rounding of the corners of new streets;
(j)
the provision of culverts and the sizes, specifications and gradients of such culverts; and
(k)
the provision of street lighting, and the person to whom any such written directions are given shall amend the plan accordingly.
(4)
The person whose plan has been approved by the local authority and each successor in title of such person, in so far as the street lies in the land acquired by him, shall lay out the new street and demarcate its boundaries by such boundary stones or other marks as may be specified by the local authority to denote the length, width and alignment of the street.
(5)
If the new street has not been laid out and demarcated within the period of six months from the date when the plan was first approved or within such further period as may be approved by the local authority, the local authority may enter upon the land and lay out the new street and demarcate its boundaries at the expense of the person whose plan has been approved or of his successor in title.
(6)
The person whose plan has been approved by the local authority or his successor in title in so far as the street lies in the land acquired by him shall, if he constructs the new street, construct the new street in accordance with the plan approved by the local authority within such period as may be specified in such approval:
Provided that the local authority may renew such approval for such period as it considers necessary.
24 Laws of Malaysia ACT 133
(7)
Any person who—
(a)
constructs any new street otherwise than in accordance with a plan approved by the local authority under this section;
(b)
without the permission in writing of the local authority plants any hedge in such manner that any part thereon is in any direction less than twenty feet from the centre of the carriageway of any street, not being a public street, or less than forty feet from the opposite side of any road or path which is used or intended to be used as the means of access to two or more houses exclusive of the width of any footway which the local authority requires; or
(c)
constructs any culvert or bridge on the line of the new street drainage otherwise than in accordance with the plans and specifications approved by the local authority, shall be liable on conviction to a fine not exceeding two thousand ringgit, and a Magistrate’s Court shall, on the application of the local authority, make a mandatory order against the offender requiring him to execute any one or more of the following works:
(i)
to alter the street;
(ii)
to remove any hedge so planted;
(iii)
to alter or remove any culvert or bridge so constructed; or
(iv)
to comply with the plan approved by the local authority.
(8)
Where any new street is stated to be intended for pedestrians, the local authority may impose such conditions for ensuring that the same shall not be used by vehicles or classes of vehicles as may be specified by it.
Street, Drainage and Building 25
(9)
Any person who keeps open or uses such street in breach of the conditions imposed under subsection (8) shall be liable on conviction to a fine not exceeding one thousand ringgit and shall also be liable to a further fine not exceeding one hundred ringgit for every day during which the offence is continued after service of a notice to cease the breach.
(10)
No person shall erect or maintain or permit to be erected or maintained any obstruction in any street, and the local authority may, where any such obstruction exists, take down and remove the same and cost and expenses of so doing may be recovered from the person who erects, maintains or permits the erection or maintenance of such obstruction and shall be recoverable in the manner hereinafter provided.
(11)
For the purposes of this section the continuation of an existing street or the widening or alteration of any existing street or the adapting for carriage traffic of a street made for other traffic shall be deemed to be making a new street in respect of the whole thereof.
(12)
If the person applying under subsection (2) is dissatisfied with any requisition or disapproval by the local authority, he may, within seven days from the receipt of such requisition or disapproval, appeal to the State Authority whose decision shall be final.
(13)
If the local authority does not, within two months of receipt of the application and plan under this section approve, disapprove or make written requisition with regard thereto the applicant may then apply to the State Authority, and the powers vested in the local authority under this section shall then be vested in the State Authority.
Approval of plans to expire