Malaysia legislation
Section 40
Section 40
(1)
Every person who intends to make or lay out any new street within any urban area shall give notice in writing thereof to the Authority, accompanied by a plan in duplicate, showing the intended level and construction of such street and the level and building line of the premises built or to be built abutting upon it and the proposed manner of draining it, and by a statement whether such street is intended for a carriage road or for foot traffic only in order that the same may be considered and, if acceptable, approved by the Authority.
(2)
The Authority may give written directions to the person submitting a plan for a new street with regard to any of the following particulars –
(a)
compliance with this Ordinance and the Town and Country Planning
Ordinance [Cap. 141.] and any subsidiary legislation or scheme made or approved under the provisions of such Ordinances;
(b)
the line, width, level, construction and general dimensions and character of the new street;
(c)
the provisions along the length of the new street of back-lanes as the
Authority directs;
(d)
the width of any back-lane required by the Authority under paragraph (c), which may be of such width not exceeding twenty feet as the Authority require;
(e)
the mode of drainage of the new street and of any back-lanes;
(f)
the provision of drains and culverts and the specification, size and gradient of such drains and culverts.
(3)
The person to whom any written directions are so given shall act in accordance with such directions and submit a new plan for similar consideration.
(4)
Any person who –
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(a)
makes or lays out any new street otherwise than in accordance with a plan approved by the Authority under this section; or
(b)
erects any building abutting on a new street which has not been laid out in accordance with a plan so approved;
shall be liable to a fine of two thousand ringgit, and the High Court may, on the application of the Authority, make a mandatory order against the offender requiring him to alter or reconstruct such street or any ancillary works in accordance with detailed requirements specified in such order or to remove or alter any building so built.
Streets declared vested.