Malaysia legislation
Section 4
Section 4
If it appears to the Yang di-Pertua Negeri that any land is likely to be required for any purpose which, in the opinion of the Yang di-Pertua Negeri, is a public purpose and it is necessary to make a preliminary survey or other investigation of the land, he may cause a notification to that effect to be published in two ordinary issues of the Gazette and thereupon it shall be lawful for the authorised officer (and his agents, assistants and workmen) to do all or any of the following things, that is to say ―
(a)
to enter upon and survey and take levels of any land in any locality to which the notification relates;
(b)
to dig or bore into the sub-soil of such land;
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(c)
to do all other acts necessary to ascertain whether the land is adapted to such purpose;
(d)
to set out the boundaries of the land intended to be taken, and the intended line of work, if any, proposed to be done thereon;
(e)
to mark levels and lines by placing marks and cutting trenches;
(f)
where otherwise the survey cannot be completed, the levels taken or the boundaries or line of the work set out, to cut down and clear away any standing crop, fence, tree or bush;
(g)
to do all such other acts as may be incidental to or necessary for any of the purposes aforesaid:
Provided that the authorised officer shall not enter into any building, or into or upon any enclosed yard, court, or garden attached to a dwelling house, except at all reasonable hours and, except with the consent of the occupier thereof, without previously giving to such occupier at least seven days’ notice in writing of his intention to do so:
And provided further that compensation shall be assessed and paid to the person interested in the land so entered upon for any actual damage or injury resulting to them by reason of the exercise of the powers conferred by this section ―
(i)
in so far as it relates to land the acquisition of which is subsequently deemed to be abandoned under section 9 or abandoned under section 10, as though it were compensation payable under this Ordinance for the acquisition of the land;
(ii)
in so far as it relates to land the compulsory acquisition of which is subsequently completed under section 3, as though it were part of the compensation for the acquisition of the land.
Power to apply land to purposes of acquisition without waiting for formal vesting.