Section 7
Section 7
(a)
to execute, install, maintain, operate and, as occasion requires, repair and alter, such works and apparatus as may be necessary for enabling such warning to be given in the manner specified in the order; and
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(b)
so far as may be necessary for exercising any of the powers conferred by the order to enter upon and pass over, with or without vehicles, any such land as may be specified in the order:
Provided that no such order shall be made in relation to any structure if it appears to the Minister that there have been made, and are being carried out, satisfactory arrangements for the giving of such warning of the presence of the structure.
(2)
The Minister shall, before making any such order, cause to be published, in such manner as he thinks best for informing persons concerned, notice of the proposal to make the order and of the place where copies of the draft order may be obtained free of charge, and take into consideration any representations with respect to the order which may, within such period not being less than two months after the publication of the notice as may be specified in it, be made to him by any person appearing to him to have an interest in any land which would be affected by the order; and, at the end of that period, the order may, subject to this section, be made with such modifications, if any, of the original draft as the Minister thinks proper.
(3)
Every such order shall provide—
(a)
that, except in a case of emergency, no works shall be executed on any land in pursuance of the order unless, at least fourteen days previously, the licensee or any person in charge of an aerodrome to which the order relates has served, in the manner specified in the order, on the occupier of that land and on every other person known by the licensee or the person in charge to have an interest in it, a written notice containing such particulars of the nature of the proposed works, and the manner in which, and the time at which, it is proposed to execute them, as may be specified by, or in accordance with, the order;
(b)
that if, within fourteen days after service of such notice on any person having such an interest, the licensee or any person in charge of an aerodrome receives a written intimation of objection on the part of that person to the proposals contained in the notice, being an intimation which specifies the grounds of objection, then, unless and except in so far as the objection is withdrawn, no
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steps shall be taken in pursuance of the notice without the specific sanction of the Minister; and
(c)
for requiring the licensee or any person in charge of an aerodrome to which the order relates to pay to any person having an interest in any land affected by the order such compensation for any damage or loss which that person may suffer in consequence of the order as may, in default of agreement, be determined from time to time by a single arbitrator appointed by the Chief Judge of the appropriate High Court.
(4)
For the purpose of this subsection, any expense reasonably incurred in connection with the lawful removal of any apparatus installed in pursuance of such an order, and so much of any expense incurred in connection with the repair, alteration, demolition or removal of any structure to which such an order relates as is attributable to the operation of the order, shall be deemed to be damage or loss suffered in consequence of the order.
(5)
The ownership of anything shall not be taken to be affected by reason only that it is placed in, or affixed to, any land in pursuance of such an order as aforesaid; and, subject to subsection (7), so long as any such order in respect of an aerodrome is in force, no person shall, except with the consent of the licensee or any person in charge of an aerodrome, willfully interfere with any works or things which, to the knowledge of that person, are works or things executed or placed in, on or over any land in pursuance of the order.
(6)
If any person contravenes subsection (5), he shall be guilty of an offence and on conviction shall be liable to imprisonment for a term not exceeding three years or to a fine not exceeding fifty thousand ringgit, or to both.
(7)
Nothing in this section shall operate, in relation to any structure, so as to restrict the doing of any work for the purpose of repairing, altering, demolishing or removing the structure if—
(a)
notice of the doing of that work is given as soon as may be to the licensee or any person in charge of an aerodrome; and
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(b)
the giving of warning of the presence of the structure in the manner provided by any order under this section in force in relation thereto is not interrupted.