Malaysia legislation
Section 9
Section 9
(2)
Before entering on any land for the purpose specified in subsection (1), the licensee shall give notice stating as fully and accurately as possible the nature and extent of the acts intended to be done. The notice shall be substantially in the form set out in the Schedule and the Collector of Land Revenue shall specify a date upon which the State Authority shall enquire into any objections that have been made as hereinafter provided.
(3)
The aforesaid notice shall be given—
(a)
in the case of alienated land, to the owner or occupier;
(b)
in the case of reserved land, to the officer or other person in charge of the reserved land or, in default of any such officer or person, to the Collector of Land Revenue, and may be sent by registered post or left at the usual or last known place of abode of the person to whom it is to be given or served by the Collector of Land Revenue at the expense of the licensee, either in the manner herein before provided or in the manner provided for the service of notices by any written law relating to land in force in the State where the land is situate.
(4)
Any of the persons mentioned in subsection (3) may, within fourteen days of the receipt of the notice therein referred to, lodge an objection to the intended acts of the licensee. The objection may be made to the Collector of Land Revenue, either verbally or in writing, and the Collector shall give notice of the objection to the State Authority and to the licensee.
(5)
If no objection is lodged within the time limited for that purpose by subsection (4), the licensee may forthwith enter on the land and do all or any of the acts specified in the notice given under subsection (2).
(6)
If an objection is lodged and is not withdrawn before the date fixed for the hearing thereof, the Collector of Land Revenue shall hold an enquiry, giving all parties an opportunity to be heard.
(7)
Upon the conclusion of the enquiry the Collector may either unconditionally or subject to such terms, conditions and stipulation as he thinks fit, make an order authorizing or prohibiting any of the acts mentioned in the notice given under subsection (2):
Provided that any party who is dissatisfied with the Collector's order may appeal against such an order to the State Authority which may then uphold, set aside or vary the order upon such terms, conditions and stipulation as it thinks fit.
(8)
The State Authority may, if it thinks fit, in lieu of making an order under subsection (7), direct the acquisition of any land or part of any land included in a notice given under subsection (2).
(9)
The decision of the State Authority under this section shall be final.
9A