Malaysia legislation

Section 3

of Public Parks And Greens Ordinance, 1993

Section 3

(a)

traditional burial grounds and shrines; or

(b)

any place, building, site or structure that has been declared a historical monument or a historical site under the

Sarawak Cultural Heritage Ordinance, 1993 [Cap. 6].

6

(2)

Upon an area being declared to be a special area, notwithstanding the provisions of any other written law, the land forming such area shall not be alienated, transferred or disposed of or used for any purpose other than as a special area, unless an authorization is obtained by a resolution passed by the Dewan

Undangan Negeri.

(3)

(a)

The Chief Minister may, at the time of making the notification under subsection (1) or at any time thereafter, by notification published in the Gazette, designate a management agency to manage, maintain, administer or exercise control over any special area.

(b)

In the absence of any notification made under paragraph

(a)

, the local authority having jurisdiction over the special area, shall maintain, manage and exercise control over the special area in accordance with the provisions of sections 5 and 6.

[Sub. Cap. A107.]

(4)

Notwithstanding any written law or the terms of any lease, in any case where any alienated land has been declared to be a special area, such land may be acquired by compulsory acquisition in accordance with the provisions of Part IV of the Land Code [Cap.

(1958 Ed.)].

(5)

The purpose for which land is acquired pursuant to the provisions of this section shall be deemed to be a public purpose under the Land Code.

(6)

The expenses and compensation in respect of any land acquired pursuant to the provisions of this section shall be paid out of the State Consolidated Fund.

Functions and powers of a management agency

Section 3 — Public Parks And Greens Ordinance, 1993