Malaysia legislation
Section 41
Section 41
(2)
Any declaration made under subsection (1) shall be revoked in the event the declaration of that other site is revoked.
(3)
The Director shall have the power to determine the limits of any building or site declared under section 33, including the buffer zone surrounding such building or site.
(4)
If any land or site (without any building) intended by the
Director to be declared as a heritage site under section 33 is or within a private land, the Director shall, prior to the making of the declaration, serve on the owner and any lawful occupier of the private land a notice in writing of his intention to declare the land or site as a heritage site.
(5)
In the event that the owner or occupier of the land shall fail to lodge any appeal within the period stipulated under section 50(1) or if there shall be such appeal and the Minister decides to affirm the
Director’s decision, the Director shall declare the land or site a heritage site and cause the land or site to be published in the Gazette under section 51(4).
(6)
The declaration by the Director under this section shall bind all subsequent owners or occupiers of the land and shall have the effect of a special condition of title.
(7)
Where the Minister makes a decision not to proceed with the proposed declaration of a land or site, the Director shall immediately notify the owner of the land or site, the Director of Lands 33
and Surveys and the State Planning Authority in writing of such decision.
(8)
Where the Director is desirous of acquiring, for the purposes of this Ordinance, any land or site which is declared to be a heritage site under subsection (1), the Director may, with the approval of the Minister in writing, acquire such land by compulsory acquisition in accordance with the provisions of Part IV of the Land
Code [Cap. 81 (1958 Ed.)].
(9)
All provisions in this Ordinance relating to a heritage site declared under section 33 shall apply, mutatis mutandis, to a heritage site declared under this section.
Application under Part X of the Land Code in respect of a heritage site