Malaysia legislation
Section 2
of Land Use (Control of Prescribed Trading Activities) Ordinance, 1997
Section 2
Interpretation
“building” includes any house, structure, hut, shed, stall or roofed enclosure, whether used for the purpose of a human habitation or otherwise, and also any platform, stage, pier, jetty, landing stage or bridge;
“carpenter shop” means any premises where timber is fashioned by hand or by the use of light portable machinery or where wood carving, cutting or assembling is carried out;
“designated area” means any area, place or zone designated by the State Planning Authority by a notification published in the
Gazette whereon any or all of the prescribed trading activities may be sited or carried out;
[Sub. Cap. A131.]
“Director” means the Director of Lands and Surveys;
“fertilizer and chemical manufacturing premises” includes any premises used for the mixing, preparation, manufacture, storage of fertilizer, feed meal, chemical products including fibre glass paints, pesticides, insecticides, soap and other chemical detergents;
“foundry” means any premises used for melting, welding, moulding, cutting, storing, collecting or keeping any metal, metallic objects, materials or substances including scraps or their by-products or the conversion or assembly of metals, metallic objects, materials or substances or scraps or by-products into other goods, products or materials of whatsoever nature;
[Sub. Cap. A131.]
“garage” includes any premises or any space or area—
(a)
used for the repairing, painting, cleaning, washing, servicing, housing, storage, parking or sale of motor vehicles; or
(b)
used for the repair and sale of parts and accessories of vehicles; or
(c)
where a pump is maintained or installed from which petrol or oil is supplied to motor vehicles, but excluding—
(i)
a garage used in connection with a private dwelling house for storage of or parking of motor vehicles kept for private use only; or
(ii)
an open space car park owned or used by a temple, church, mosque or any other religious institution, hospital, school, factory or private club for parking of motor vehicles belonging to the members, employees, visitors and customers of such religious institution, hospital, school, factory or club, as the case may be;
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“glass works” means any premises used for the manufacture and cutting of glass or the manufacture of any objects or materials from glass;
[Ins. Cap. A131.]
“godown” means any building or land used for the storage of goods, and includes a warehouse or a storage yard in an unenclosed area;
“local authority” shall have the same meaning assigned to that expression in the Local Authorities Ordinance, 1996 [Cap.
20];
“metal” includes any material, object or product derived or manufactured from iron, steel, copper, zinc, aluminum or a combination thereof;
[Ins. Cap. A131.]
“Minister”
means the
Minister charged with the responsibility for land;
“motor vehicle” includes a vehicle of every description which may be or is capable of being propelled or drawn by mechanical power, and includes a trailer and also any vehicle which is not in a serviceable condition;
“premises” includes the whole or any part of a building or house, hut, shed, enclosure roofed or otherwise whether used for human occupation or otherwise, lands, tenements, easements and hereditaments of any tenure, whether open or enclosed, whether public or private and whether maintained or not under statutory authority;
“prescribed trading activities” means those trading or business activities prescribed in the Schedule;
“printing press” means any establishment licensed under the
Printing Presses and Publications Act 1984 [Act 301], for printing, copying and reproduction of documents by means of machine or other equipment, and includes any establishment involved in the production or printing of newspapers, periodicals, stationery, books of any form, or advertisements or posters of any nature;
“sawmill” shall have the same meaning as assigned to that expression in the Forests Ordinance [Cap. 126 (1958 Ed.)];
“smithy” means any premises used as a workshop by blacksmith or tinsmith;
“State Planning Authority” means the Authority established under section 228 of the Land Code [Cap. 81 (1958 Ed.)];
“Superintendent” means a Superintendent of Lands and
Surveys appointed under the Land Code [Cap. 81 (1958 Ed.)];
“timber” means both sawn and unsawn logs and all other forms of timber and wood deposited for purposes of trade or manufacture, and includes firewood and charcoal;
“timber yard” means any premises where timber is stored or deposited for purpose of trade, manufacture or otherwise including the storage of a builder’s timber work but excluding a contractor’s store on a building site where timber is prepared and fabricated for use in the erection of the building on that site.
Areas designated for carrying on prescribed trading activities 3.―(1)
The State Planning Authority may by a notification in the Gazette―
(a)
designate any area whereby any prescribed trading activity may be carried out; or
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(b)
stipulate any prescribed trading activity to be carried out in any area designated in such notification; or
(c)
stipulate any prescribed trading activity that may be carried out outside a designated area only with a licence issued under this Ordinance.
(2)
Any person who carries on a prescribed trading activity stipulated in the notification made under subsection (1) shall―
(a)
move or relocate such activity to a designated area named or described in the notification; or
(b)
cease or discontinue such prescribed trading activity at or on his present premises or location; or
(c)
apply for a licence as required by the notification, within such period as may be prescribed in the notification or as may be permitted by the Minister.
(3)
Any person who―
(a)
carries out or undertakes any prescribed trading activity in contravention of the provisions of a notification made under subsection (1) or (2); or
(b)
uses any premises or land or causes such premises or land to be used for carrying out any prescribed activity in contravention of the provisions of this Ordinance, shall be guilty of an offence and is punishable under section 15.
Application and renewal of licence