Land Acquisition Act 1960 · Updated to 12 Mar 1992 · Part II · Acquisition
3A. Matters to be considered by the State Economic Planning Unit, or Committee, etc.
Feedback & supportThe State Economic Planning Unit, or the Committee for the
State Economic Planning Unit
“State Economic Planning Unit” means the Economic Planning Unit of a State or any other body or authority authorized by the Government, administratively or otherwise, to perform the functions of the State Economic Planning Unit;
Federal Territory of Kuala Lumpur, as the case may be, shall consider the application referred to in subsection 3(4) on the following aspects:
public interest;
the capacity and capability of the applicant to carry out the purpose for which the land is to be acquired;
the feasibility of the project; and
the development approval granted to the registered proprietor.
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Where there is a development approval granted in respect of any land and the acquisition is for the purpose of public utility, the State
development approval
“development approval” means any approval for the carrying out of any building, engineering, industrial, or other similar operation in, on, over or under any land, or for the making of any material change in the restriction or condition relating to land use, that has been duly granted by the appropriate authority under the Town and Country Planning Act 1976 or continues to be in force by virtue of subsection 59(1) of that Act, or that has been granted under the Federal Territory (Planning) Act 1982, the Street, Drainage and Building Act 1974, or the State land law, as the case may be; **
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.
Economic Planning Unit
“Economic Planning Unit” means the Economic Planning Unit of the Prime Minister’s Department of Malaysia or any other body or authority authorized by the Government, administratively or otherwise, to perform the functions of the Economic Planning Unit;
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.
Committee for the Federal Territory of Kuala Lumpur
“Committee for the Federal Territory of Kuala Lumpur” means the Jawatankuasa Khas Pengambilan Tanah established under section 3C for the Federal Territory of Kuala Lumpur;
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.
registered proprietor
“registered proprietor” includes the proprietor of a holding included in the Interim Register;
Where the negotiations made pursuant to subsection (3) are successful then the application for acquisition shall not be proceeded with any further.
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
Committee
“Committee” means the Jawatankuasa Khas Pengambilan Tanah established under section 3C;
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.
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
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subsection 3(3) and a report of the negotiations referred to in subsection (4), if any, together with its recommendation, to—
the Committee, in the case of a State; or
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.