Malaysia legislation
Section 28H
Section 28H
(a)
commences, undertakes or carries out development in contravention of subsection (1) of section 28A or uses or permits to be used any land in contravention of that subsection;
(b)
commences, undertakes or carries out development in contravention of subsection (1) of section 28B;
(c)
commences, undertakes or carries out development in contravention of any condition specified in granting planning permission in respect of such development;
(d)
commences, undertakes or carries out development where approval in respect of such development has lapsed under subsection (1) of section 28F;
(e)
commences, undertakes or carries out any development where the planning permission in respect of such development has been revoked pursuant to subsection (1) of section 28G; or
(f)
commences, undertakes or carries out any development where planning permission in respect of such development has been modified pursuant to
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subsection (1) of section 28G as a result of which development so commenced, undertaken or carried out by such person is inconsistent with such modified planning permission, shall be guilty of an offence and shall be liable, on conviction, to a penalty of not less than five thousand ringgit but not exceeding one hundred thousand ringgit and in the case of a continuing offence to a further penalty of one thousand ringgit for every day during which the offence is continued.
(2)
Unless the contrary is proved, the owner of the land in respect of which any act that constitutes an offence under subsection (1) is done shall be deemed to have permitted the doing of that act and shall be liable for the like offence and to the like penalty.
(3)
Where the use of land or building is allowed to be continued by the Local
Authority pursuant to paragraph (d) of subsection (2) of section 28B, any person who continues such use on or after the expiry of the period specified in the permit allowing such use or who continues such use in contravention of any term or condition under which such use is allowed, shall be guilty of an offence and shall be liable, on conviction, to a penalty of not exceeding fifty thousand ringgit and in the case of a continuing offence to a further penalty of one thousand ringgit for every day during which the offence is continued.
Service of enforcement notice.