In forceUpdated to 1 Jun 2021Read it in Bahasa Malaysia

Contents

Town and Country Planning Act 1976 · Updated to 1 Jun 2021 · Part IX · Miscellaneous Provisions

Section 45

(1)

An authorized person may, with or without assistants or workmen, enter upon or into any land or building for the purpose of—

(a)

making any inquiry, inspection, measurement, or survey, or taking the levels of the land or building;

(b)

setting out boundaries and intended lines of works;

(c)

indicating such levels, boundaries, and lines by placing or setting up marks and digging trenches;

(d)

digging or boring into the subsoil;

(e)

ascertaining whether any development has been commenced, undertaken, or carried out in contravention of this Act or the rules made thereunder; and

(f)

doing any other acts necessary for the efficient administration of this Act.

(2)

No entry shall be made under subsection (1)—

(a)

into a building used solely as a dwelling-house or upon any enclosed part or garden attached to the building, unless the prior consent of the occupier has been obtained, or a notice in writing of the intention to enter has been given to the occupier at least twenty-four hours before the intended entry;

(b)

without due regard, such as is compatible with the exigency of the purpose for which the entry is made, to the social and religious usages of the occupants of the land or building; or

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(c)

other than between 7 o’clock in the morning and 7 o’clock in the evening.

(3)

An authorized person making an entry under subsection (1)

shall carry on his person an authority card in the prescribed form; and it shall not be unlawful for any person to refuse entry to an authorized person or to any of his assistants or workmen if the authorized person fails, when demanded, to produce his authority card.

Terms defined in s 2

authorized person
Defined · s 2
“authorized person”, in relation to any provision, means a person designated in writing by the local planning authority to be an authorized person for the purposes of that provision;
Open s 2
building
Defined · s 2
“building” includes any house, hut, shed, or roofed enclosure, whether or not used as a human habitation, and any wall, fence, platform, staging, gate, post, pillar, paling, frame, hoarding, slip, dock, wharf, pier, jetty, landing-stage, or bridge, and any structure, support, or foundation connected to or with any of those structures;
Open s 2
development
Defined · s 2
“development” means the carrying out of any building, engineering, mining, industrial, or other similar operation in, on, over, or under land, the making of any material change in the use of any land or building or any part thereof, or the subdivision or amalgamation of lands; and
Open s 2
land
Defined · s 2
“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;
Open s 2
occupier
Defined · s 2
“occupier”, in relation to any land or building, includes— (a) a tenant of the land or building; (b) an owner of the land or building occupying or otherwise using the land or building; (c) a person in actual occupation of the land or building or having the charge, management, or control thereof, whether on his own account or as an agent of another person, but does not include a lodger;
Open s 2
rules
Defined · s 2
“rules” means rules made under this Act;
Open s 2

Report

Read on from s 46