Malaysia legislation
Section 28
Section 28
Effect of enforcement notice served pursuant to section 27
(2)
If an application for planning permission is made under subsection (1) the Commissioner shall have power exercisable at his discretion to determine whether to suspend the enforcement notice or proceed to take action in terms of the notice.
(i)
section 21 shall apply to any application for planning permission under this section provided however in addition to any fees required to be paid under section 21 a further fine as may be provided shall be payable for an application made under this section;
(ii)
the Commissioner shall have power exercisable at his discretion to grant planning permission or to refuse to grant
38 Laws of Malaysia ACT 267
planning permission with respect to an application made under this section; and subsections 22(2) to (6) shall apply to an application made under this section;
(iii)
if planning permission is granted with respect to an application, the enforcement notice shall not take effect or if planning permission is granted for the retention only of some buildings or works or for the continuance of use of only a part of the land the enforcement notice shall not take effect regarding such buildings or works or such part of the land, but shall have full effect regarding other buildings, works or other parts of the land.
Penalty for non-compliance with enforcement notice served pursuant to section 27