Malaysia legislation
Section 38
Section 38
(1)
The Authority shall have the general control and care of all public playing grounds, parks and all other open public places, roads and streets, and of all gardens, playing grounds, parks and other enclosed places within any urban area which have been or shall be at any time set apart and appropriated by proper authority for the use of the public or to which the inhabitants of the urban area shall at any time have or acquire a common right and the same shall be vested in such Authority in trust to keep the same open or control the use of the same for the benefit of the inhabitants subject to any terms and conditions imposed at the time of such vesting, by the Yang di-Pertua Negeri or by any donor of such land.
(2)
An Authority may in any urban area, with the consent of the Minister, erect and maintain on any square or other public place, buildings for public purposes and may set apart or temporarily close or restrict the use of any such square or other public place or any portion thereof for any purpose which the Authority may from time to time think fit.
(3)
An Authority may in any urban area make, construct, alter, repair and, if necessary temporarily close any road, street, bridge, ferry, culvert and tunnel which has been declared by the Yang di-Pertua Negeri to be vested in such Authority or under its control and may make roads, streets, bridges, ferries, culverts and tunnels within the urban area.
(4)
In exercising the powers conferred on it by subsection (3) an Authority with the consent of the Minister and in accordance with any Approved Scheme as defined in the Town and Country Planning Ordinance [Cap. 141.], applicable to the area, may—
(a)
lay out and make streets;
(b)
build and construct bridges, culverts and tunnels;
(c)
turn, divert, discontinue or stop up any street;
(d)
widen, open, enlarge or otherwise improve any street; and
29
(e)
execute works of such general advantage to the health, convenience or comfort of the inhabitants as to the Authority with such sanction as aforesaid, seem desirable.
(5)
Upon consent being given for any works under the provisions of subsection (4)
there shall vest in the Authority any unalienated State land required for the purposes of such works and if any alienated land is so required the Yang di-Pertua Negeri may, if requested by a resolution of the Authority, acquire such land under the provisions of the Land Acquisition
Ordinance [Cap. 69.]:
Provided that any compensation and expenses payable by the Government in respect of such acquisition shall be repaid by such Authority.
Recovery of cost of new streets in urban area.