Section 8A

Where earthworks involve the removal or transport of rock materials away from any land, no approval shall be given by the local authority unless the applicant has been issued with a licence by the

Superintendent of Lands and Surveys under section 32A of the Land

Code [Cap. 81 (1958 Ed.)] for the removal of such rock materials.

Where the earthworks are to be commenced or carried out for the purpose of the construction of any building, street, drain, sewer, or embankment, or for the laying of any cable or pipe, or for the purpose of any other construction or work whatsoever, the plans and specifications relating to such construction or work required to be submitted under this Ordinance or any regulations made thereunder shall be submitted to the local authority at the same time as the plans and specifications in respect of the earthworks.

In granting the approval under subsection (1), the local authority may impose such conditions as it deems fit:

Provided that such conditions shall not be inconsistent with any conditions imposed by the Superintendent under section 32A(2) of the

Land Code [Cap. 81 (1958 Ed.)] when issuing a licence for the removal of rock materials.

The local authority shall, subject to section 8B, where it certifies that the safety of life or property is affected or is likely to be affected by any earthworks, order the immediate cessation of the whole or any part of the earthworks; the certificate of the local authority under this subsection shall be conclusive proof of the matters stated therein and shall not be questioned or be subject to any appeal or review in any court:

Provided that before the issue of such order, the local authority shall consult the Chief Inspector of Buildings and give effect to whatever directions he may give in regard to the matter.

Without prejudice to subsection (4), the local authority may, from time to time, give such directions as it deems fit in respect of any earthworks, and the same shall be complied with by the person to whom such directions are given, and where such directions are not complied with the local authority may order the cessation of the whole or any part of the earthworks.

Notwithstanding subsections (4) and (5), the local authority may itself cause any work to be executed or any measure to be taken if it considers such work or measure necessary, and such work or measure may be in addition to or in place of anything required to be done under any direction or order given under subsection (4) or (5).

Where cessation of the earthworks has been ordered under this section, the local authority may permit the resumption thereof subject to compliance with such directions or conditions as may be specified by the local authority.

The local authority or any person authorized by it or on its behalf may enter upon any land, building or premises at any hour of the day or night without notice to the owner or occupier thereof for the purpose of executing any work under this section or for carrying out any inspection for the purpose of this section.

Any person who contravenes any provision of this section or fails to comply with any direction or order given under this section or does any act to obstruct in any manner whatsoever the entry or the execution of any work authorized to be effected or executed under this section by or on behalf of the local authority shall be guilty of an offence and shall upon conviction, be liable to a fine of not less than twenty thousand ringgit but not exceeding two hundred thousand ringgit and imprisonment for two years and, in the case of a continuing offence, a further fine of two hundred ringgit for every day during which the offence is continued after conviction.

Where a person has been convicted of an offence under subsection (9), the local authority may revoke the approval of the plans and specifications given under subsection (1), and the person carrying out the earthworks shall upon receipt of the notice of such revocation forthwith cease the whole of the earthworks.

Where cessation of the earthworks has been ordered under subsection (4) or (5) or is required to be effected under subsection

and the order or requirement is not complied with, the local authority may summarily eject any person or remove any equipment, vehicle, machinery or any article whatsoever from the site of the earthworks to secure the cessation of the earthworks and for this purpose may seek the assistance of the police.

Where the local authority exercises its powers under subsection (6), (11) or (16), it may recover any expenses and costs incurred by it from the owner of the land on which the earthworks were carried out in the same manner as provided for the recovery of rates; the amount of the costs and expenses to be so recovered by the local authority shall be certified by the local authority and the certificate of the local authority in this regard shall be conclusive proof of the matters stated therein and shall not be subject to any appeal or review in any court.

This section shall not apply to earthworks commenced or carried out by or on behalf of the Government of Malaysia or the State

Government or any local authority.

Where any earthworks are commenced or carried out, the owner of the land on which such earthworks are commenced or carried out shall be deemed to have permitted such earthworks to be commenced or carried out.

The local authority or any person authorized by it or on its behalf shall not be subject to any action, claim, liabilities or demand whatsoever arising out of the exercise of any of the powers conferred on the local authority under this section or under any regulations made thereunder.

If any public street or any part thereof, or any building, or any structure, or any other property whatsoever belonging to the

Government of Malaysia or the State Government or to the local authority is injured by or in consequence of any earthworks on any land, the local authority may repair and make good the damage done.

[Deleted by Cap. A224]

In the exercise of its power under this section, a local authority shall have due regard to the provisions of the Natural

Resources and Environment Ordinance [Cap. 84 (1958 Ed.)]

including any order or rule made, or any direction or guideline issued, thereunder for the protection and enhancement of the environment.