Town and Country Planning Act 1976 · Updated to 1 Jun 2021 · Part VIII · Development Areas
39. Effect of declaration
Feedback & supportEvery declaration under section 38 shall have effect as a declaration of intended acquisition under the Land Acquisition Act 1960 of all alienated lands situated within the area to which the declaration relates and any such lands may, if the local planning authority is unsuccessful in negotiating its purchase of the lands on terms acceptable to the local planning authority, be acquired and paid for in accordance with the said
land
“land” includes— (a) the surface, and all substances forming the surface, of the earth; (b) all substances below the surface of the earth; (c) all vegetation and other natural products, whether or not requiring periodical application of labour to their production, and whether on or below the surface of the earth; (d) all things, whether on or below the surface of the earth, that are attached to the earth or permanently fastened to any thing attached to the earth; (e) land covered by water; and (f) any estate or interest in, or right over, land;
Act, but subject to section 40.
For the purposes of the said Act—
82 Laws of Malaysia ACT 172
any land intended to be acquired pursuant to this Part shall be deemed to be needed by the local planning authority;
the local planning authority shall be deemed to be a corporation undertaking a work that is of public utility; and
the land shall be deemed to be needed for the purpose referred to in paragraph 3(1)(b) of the Act.