Malaysia legislation
Section 28L
Section 28L
(2)
The Yang di-Pertua Negeri shall by notification in the Gazette appoint –
(a)
the Chairman and the Deputy Chairman of the Appeal Board, shall be person who has been an ex judge of the High Court or a person who has served at least twelve years either as an officer of the State Attorney
General Chambers or Judicial and Legal Service; and
(b)
the other members of the Appeal Board and they shall consists either of the representatives from the following professions:-
(i)
a registered qualified Town Planner with at least fifteen years experience;
(ii)
a registered experience;
qualified Architect with at least fifteen years
(iii)
a registered experience;
qualified Engineer with at least fifteen years
(iv)
a registered experience;
qualified Surveyor with at least fifteen years
(v)
an Academician with at least fifteen years experience; and
(vi)
an ex-Government Servant who has served with the State Service for at least fifteen years,
(c)
the quorum of the Appeal Board shall consists of the Chairman or Deputy
Chairman and two other members, one of whom shall be a registered
Town Planner with at least fifteen years experience.
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(3)
A person appointed under subsection (2) shall, unless sooner resigns his office or his appointment is revoked, hold office for such period not exceeding three years as the
Yang di-Pertua Negeri shall specify in the notification of appointment, but shall be eligible for reappointment.
(4)
The Yang di-Pertua Negeri may revoke the appointment of a member of the
Appeal Board without assigning reason therefor.
(5)
When the Chairman is unable to exercise his functions owing to illness, absence from Sabah, or any other cause, the Deputy Chairman shall exercise the functions of the
Chairman; and in exercising those functions, the Deputy Chairman shall for the purposes of this Ordinance, be deemed to be the Chairman of the Appeal Board.
(6)
At every sitting of the Appeal Board, it shall be the duty of the Chairman or
Deputy Chairman to call upon any two of the members appointed under subsection (2) (b) to serve with him in the Appeal Board unless he is excused by the Chairman on such grounds as the Chairman considers reasonable, from so servings.
(7)
In the course of the appeal proceeding, if one member of the Appeal Board is unable to continue with the proceeding due to illness or because of incapacity, the Chairman of the Appeal Board can inco-operate one other member of the Appeal Board to continue with the proceedings. In such circumstances, the newly appointed member shall be provided with the notes of proceeding and all other related documents submitted before the Appeal
Board.
(8)
A member of the Appeal Board having an interest in any matter before it shall, as soon as he is aware of his interest, disclose the fact and nature thereof to the Chairman and shall take no part or further part in the proceedings of the Appeal Board. In such circumstances, the Chairman of the Appeal Board can inco-operate one other member of the
Appeal Board to continue with the proceeding and the newly appointed member shall be provided with the notes of proceeding and all other related documents submitted before the
Appeal Board.
(9)
Every disclosure of interest under subsection (8) shall be recorded.
(10)
An award made by the Appeal Board shall be final and binding on all parties to the appeal.
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Appeal against decision of local authority.
(11)
An appeal against the decision of the local authority may be made by the aggrieved party to the Appeal Board within one month from the date of the communication of such decision to him on the following grounds only:
(i)
aggrieved by the decision of the local authority to refuse planning permission; or
(ii)
aggrieved by any condition imposed by the local authority in granting planning permission, or
(iii)
aggrieved by the amount of compensation or reimbursement offered or paid under section 28G (a).
(12)
For the purpose of Penal Code, the Appeal Board shall be deemed to be a court and every member thereof shall be deemed to be a public servant.
(13)
The Yang di-Pertua Negeri may make rules to prescribe the procedure of appeals to the Appeal Board and the fees payable in respect thereof, and to regulate the proceedings of the Appeal Board but, until such rules are made in operation, the following shall apply:-
(a)
(i)
that the Local Authority shall prepare statement of fact of the case;
(ii)
the reasons or grounds for which the decision or action of the Local
Authority is in dispute;
(iii)
to compile all the documents or correspondence relating to the decision; and
(iv)
prepare and compile any other details or exhibits as may be directed by the Director.
(b)
the Local Authority shall prepare all the documentations within a period of two months or such extended period as the Appeal Board may allow;
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(c)
the Appeal Board may also direct the aggrieved party to give written statements to substantiate his appeal and a copy thereof shall also be extended to the Local Authority by the aggrieved party;
(d)
the written statement shall be given within a period of one month or any extension allowed thereof;
(e)
the Appeal Board may allow any amendments to the statement while in the course of the proceedings;
(f)
upon compliance of the above said provisions, the Appeal Board shall fix a hearing date;
(g)
the hearing may be by way of a written statement which may contain the relevant facts and law. In the event the hearing is by way of oral testimony, the examination-in-chief shall be by way of written statement, subject to cross-examination;
(h)
after hearing the appeal, the Appeal Board shall make a reasoned award;
(i)
the decision of the Appeal Board shall be delivered within a period of three months after completion of the hearing;
(j)
in respect of an appeal before it, the Appeal Board shall have powers to:
(i)
summons the parties to the proceedings or any other person to attend before it to give evidence or to produce any document, records or other thing in his possession or otherwise to assist the
Appeal Board in its deliberations;
(ii)
allow expert witnesses and the cost shall be borne by the party who calls the witness;
(iii)
require any person to bind himself by an oath to state the truth;
(iv)
allow parties to have representations;
(v)
generally direct and do all such things as may be necessary or
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expedient for the expeditious determination of the appeal; and
(vi)
All summonses, notices, awards and orders issued, made, or given under the hand of the Chairman shall be deemed to be issued, made, or given by the Appeal Board.
(k)
If one party having duly notified, fails to appear at the hearing without showing reasonable cause for such failure, the Appeal Board may proceed with the hearing and determine the case.
No costs before the Appeal Board.