Malaysia legislation
Section 11
Section 11
Additional powers of Director of Lands and Surveys in relation to sub-division
Notwithstanding section 232(1)(a) and (2) of the Land
Code [Cap. 81 (1958 Ed.)], the State Planning Authority may before approving any sub-division or development plan submitted under section 231 of the Land Code [Cap. 81 (1958 Ed.)]—
(a)
impose conditions for the preservation or planting of greens and the making up of open spaces for such purposes as may be specified by the State Planning Authority; and
(b)
require the applicant to deposit with a local authority such sum of money as the Director of Lands and Surveys may determine to ensure that—
(i)
the conditions for the preservation or planting of greens will be complied with in accordance with the approved plan and specification; and
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(ii)
the open spaces are made up according to the approved plan and specification.
(2)
The amount determined by the Director of Lands and
Surveys under subsection (1)(b) shall be deposited with the local authority before the commencement of any work for the construction of the new buildings in accordance with the approved plan and specification. Such a deposit shall not be refunded except in accordance with section 14 or 15, and shall bear no interest.
(3)
Any person who is dissatisfied with the decision of the
Director of Lands and Surveys under subsection (1)(b) may, within fourteen (14) days of the date of notification of the decision of the
Director of Lands and Surveys, appeal in writing to the State Planning
Authority whose decision shall be conclusive and final.
Land set aside as open space to be vested in the Board or the local authority