Section 230
Prohibition of sub-division and development without approval
—
Any proprietor who—
(a)
sub-divides or develops his land otherwise than in accordance with a plan of sub-division or development approved by the State Planning Authority; or
(b)
fails to comply with any requirement or condition imposed by the State Planning Authority; or
(c)
erect, build or put up any building, structure, road, drain or communication tower otherwise than in accordance with the plan of sub-division or development approved by the State
Planning Authority;
[Ins. Cap. A95.]
shall be guilty of an offence: Penalty, a fine of five hundred thousand ringgit and, in the case of a continuing offence, a further fine of one thousand ringgit in respect of every day during which the offence continues:
Provided that no proprietor shall be deemed to commit an offence against this section by reason merely of the fact that he makes application for the issue to him of a separate document of title consolidating two or more documents of title.
(2)
Where the Director or any other officer has reasonable grounds to suspect that an offence under subsection (1) has been committed, the Director or any such officer may, without prejudice to
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any action taken against the proprietor under subsection (1), issue an order directing the proprietor—
(a)
to stop all further works pertaining to any sub-division or development of the land; and
(b)
to demolish, remove, replace, modify or alter any building, structure, drain, road or communication tower which has not been approved by the State Planning Authority or has not been erected, built or put up in accordance with the plan of sub-division or development approved by the State Planning
Authority or which does not comply with any condition or requirement imposed by the State Planning Authority.
[Sub. Cap. A95.]
(3)
Any person who fails to comply with an order issued under subsection (2) shall be guilty of an offence: Penalty, a fine of five hundred thousand ringgit and imprisonment for three years.
(4)
Where the proprietor of any land fails to comply with an order issued to him under subsection 2(b) and without prejudice to any action taken against him for an offence under subsection (3), the
Director or any officer duly authorized by him may enter upon the land and demolish or cause to demolish any of the works or structures referred to in the order and all costs and expenses thereby incurred shall be recoverable from the proprietor thereof.
(5)
Any person who aids or abets any proprietor in the commission of an offence under subsection (1) or (3) shall be guilty of the like offence and shall be liable to the same penalty prescribed for the offence.
[Ins. Cap. A68.]
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