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In forceUpdated to 1 Jun 2021Read it in Bahasa Malaysia

Part V · Development Charge

35D. Compensation under a tree preservation order

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(1)

If the owner of the land to which a tree preservation order relates proves that he has, in complying with paragraphs 35C(a) to (d), suffered damages in the form of depreciation in the value of the land, he may claim compensation from the local planning authority.

(2)

A claim for compensation under subsection (1) shall be served on the local planning authority—

(a)

within six months from the date on which—

(i)

the tree preservation order;

(ii)

the refusal of a written permission or the imposition of conditions under paragraph 35A(2)(a); or

(iii)

the order to replace a tree under paragraph 35A(2)(b), was communicated to the owner of the land; or

(b)

where an appeal is made under subsection 35C(1), within six months from the date of the decision of the Appeal

Board confirming the order, refusal or imposition of conditions appealed against.

(3)

If the owner of such land is dissatisfied with the amount of compensation awarded, he may, within one month from the date of such award, appeal to the Appeal Board which shall have the power to confirm or vary the amount of compensation awarded.

Report

Part VI

The Appeal Board

Part VII

Purchase Notice and Acquisition of Land

Part VIII

Development Areas

Part IX

Miscellaneous Provisions