Malaysia legislation
Section 84
Section 84
(2)
If any structure in respect of which a notice has been served under this section is not removed within the time specified in the notice, the Minister or the appropriate authority may remove the structure:
Provided that the power of the Minister or the appropriate authority under this subsection shall not be exercised until the expiration of one month after the date of the service of the notice.
(3)
Notwithstanding subsections (1) and (2), where there is a likelihood of immediate danger to traffic arising from any structure referred to in subsection (1), the Minister or the appropriate authority, as the case may be, may take such action as is necessary to remove such structure without giving notice to any person.
(4)
Where any structure has been removed by the Minister or the appropriate authority under this section, and the expenses of the removal and detention of the structure have not been paid within one week after the date of such removal, the Minister or the appropriate authority may, after giving one month’s notice in writing to the person having control or possession of the structure immediately before such removal, sell by public auction or otherwise dispose of such structure; and any proceeds from such sale or disposal shall be applied in payment of the expenses of such removal and detention and any surplus shall be paid to the person having the control or possession of the structure immediately before such removal or shall, if not claimed by such person within three months after the date of the sale or disposal, be forfeited to the revenue of the Federal
Government or the appropriate authority, as the case may be.
134 Laws of Malaysia ACT 333
(5)
Nothing in subsection (4) shall prohibit—
(a)
the disposal as the Minister or the appropriate authority may think fit of any fish, meat, fruit, vegetable or other perishable goods, if any, removed together with the structure, and any proceeds from such disposal shall be applied in the same manner as hereinbefore provided in respect of proceeds from the sale or disposal of the structure; or
(b)
the recovery as a civil debt of the whole or part of the expenses of removal or detention from the person having the control or possession of the structure immediately before such removal.
(6)
Notice under subsection (1) may be served either personally or by post or by affixing it to the structure to which the notice relates.
(7)
In this section, the expression “structure” includes any machines, pumps, posts and such other objects as are capable of causing obstruction or of endangering traffic.
Construction of access and drains and laying of public utility installations to existing roads