Section 40 — AKTA WARISAN KEBANGSAAN 2005

(2)

Where the local planning authority refers any application by any person for planning permission or development order to the

Commissioner, such application shall contain—

(a)

sufficient particulars to identify the monument to which the application relates, including its layout plan, measured building plan and photographs of its every angle, including the exterior and interior of such monument;

(b)

such other plans and drawings as are necessary to describe the work which is the subject of the application;

(c)

measures that have been taken to secure the safety of the heritage site and the neighbouring land; and

(d)

such other particulars as may be required by the

Commissioner.

(3)

For the purpose of paragraph 2(c), neighbouring land means—

(a)

any land adjoining within a distance of two hundred metres from the boundary of the land to which an application under this section relates;

(b)

any land separated from the land to which an application made under this section relates by any road, lane, drain or reserved land, the width of which does not exceed twenty metres and which would be adjoining the land to which the application relates had they not been separated by such road, lane, drain or reserved land; or

(c)

any land located within a distance of two hundred metres from the boundary of the land to which an application under this section relates.

34

(4)

The Commissioner shall advise the local planning authority to impose conditions when aprroving planning permission or a development order involving a heritage site which may include—

(a)

requiring compliance with any conservation guidelines and procedures issued by the Minister;

(b)

requiring the making good of any damage caused to any heritage site after the works authorized by the planning permission or the development order are completed; or

(c)

requiring the protection and retention of any specified feature of the heritage site.

(5)

Where the planning permission is approved, the Commissioner shall liaise, cooperate and coordinate with the local planning authority to monitor and supervise that the terms and conditions imposed relating to the conservation of heritage are complied with.

(6)

Any person who contravenes any condition imposed under subsection (4) commits an offence.

Monument Preservation Order