Malaysia legislation
Section 3A
Section 3A
(a)
public interest;
(b)
the capacity and capability of the applicant to carry out the purpose for which the land is to be acquired;
(c)
the feasibility of the project; and
(d)
the development approval granted to the registered proprietor.
Land Acquisition 15
(2)
Where there is a development approval granted in respect of any land and the acquisition is for the purpose of public utility, the State
Economic Planning Unit, or the Committee for the Federal Territory of Kuala Lumpur, as the case may be, shall determine whether it is appropriate in the circumstances for the registered proprietor to participate in the project for which the land is intended to be acquired.
(3)
Where the State Economic Planning Unit, or the Committee for the Federal Territory of Kuala Lumpur, as the case may be, is satisfied that it is appropriate for the registered proprietor to participate in the project referred to in subsection 3(3), it shall give directions to the applicant to negotiate with the registered proprietor within such specified period and on such terms and conditions as it deems fit on the form of cooperation and commercial arrangement regarding the project including, but not limited to, equity participation.
(4)
The applicant to whom directions are given under subsection (3)
shall furnish to the State Economic Planning Unit, or the Committee for the Federal Territory of Kuala Lumpur, as the case may be, a report in such detail of the result of the negotiations as shall be sufficient to determine the nature and extent of the registered proprietor’s participation in the project.
(5)
Where the negotiations made pursuant to subsection (3) are successful then the application for acquisition shall not be proceeded with any further.
(6)
Where the State Economic Planning Unit, or the Committee for the Federal Territory of Kuala Lumpur, as the case may be, is satisfied that the negotiations made pursuant to subsection (3) are unsuccessful or no conclusive decision has been achieved within the specified period, the State Economic Planning Unit or the Committee for the
Federal Territory of Kuala Lumpur may proceed to consider the application and make any recommendation as it deems fit:
Provided that the recommendation shall not extend to compelling the registered proprietor to accept any participation in the project.
(7)
The State Economic Planning Unit, or the Committee for the
Federal Territory of Kuala Lumpur, as the case may be, shall, after it has considered each application under this section, transmit the application with the accompanying documents referred to in
16 Laws of Malaysia ACT 486
subsection 3(3) and a report of the negotiations referred to in subsection (4), if any, together with its recommendation, to—
(a)
the Committee, in the case of a State; or
(b)
the State Authority, in the case of the Federal Territory of
Kuala Lumpur:
Provided that where the Committee for the Federal Territory of
Kuala Lumpur makes a recommendation to the State Authority such recommendation, where applicable, may include the imposition of any condition and restriction in interest on the land as provided in the State land law.
Application of section 3A where there is no development approval