ISKANDAR REGIONAL DEVELOPMENT AUTHORITY ACT 2007

Iskandar Regional Development Authority LAWS OF MALAYSIA REPRINT Act 664 Iskandar regional development authority act 2007 As at 1 November 2012 PUBLISHED BY THE COMMISSIONER OF LAW REVISION, MALAYSIA UNDER THE AUTHORITY OF THE REVISION OF LAWS ACT 1968 2012 1 2 Date of Royal Assent Laws of Malaysia Act 664 … … … 12 February 2007 Date of publication in the Gazette … … 13 February 2007 Iskandar Regional Development Authority LAWS OF MALAYSIA Act 664 ISKANDAR REGIONAL DEVELOPMENT AUTHORITY ACT 2007 ARRANGEMENT OF SECTIONS Part I PRELIMINARY Section 1. 2. Short title and commencement Interpretation Part II THE AUTHORITY 3. The Authority 5. Functions of the Authority 4. 6. 7. 8. 9. Objective of the Authority Powers of the Authority Additional functions of the Authority Membership of the Authority Appointment, revocation and resignation 10. Vacation of office 12. Remuneration or allowance 11. 13. 14. 15. 16. 17. Filling of vacancy Disclosure of interest The Authority may establish committees The Iskandar Development Region Delegation of the Authority’s functions and powers Returns, reports, accounts and information 3 4 Laws of Malaysia Act 664 Part III CHIEF EXECUTIVE, OFFICERS AND SERVANTS OF THE AUTHORITY Section 18. The Chief Executive 20. Financial assistance to members, officers, servants and other persons 19. 21. Employment of other officers and servants of the Authority The Authority may adopt regulations, etc. Part IV DIRECTION, POLICIES AND STRATEGIES FOR DEVELOPMENT IN THE ISKANDAR DEVELOPMENT REGION 22. Responsibility of the Authority 24. Approval or rejection of draft Comprehensive Development Plan 23. 25. 26. 27. Preparation of draft Comprehensive Development Plan Review or alteration of Comprehensive Development Plan Duty to take cognisance of approved Comprehensive Development Plan Prescribed strategic development Part V CO-ORDINATION BETWEEN GOVERNMENT ENTITIES IN THE ISKANDAR DEVELOPMENT REGION 28. Principal co-ordinating agency 30. Approvals and Implementation Committee 29. 31. 32. Federal and State Commissioners Arrangements with Government Entities Responsibility of Government Entities Part VI FINANCE 33. The Fund 35. Conservation of the Fund 34. 36. Expenditure to be charged on the Fund Reserve fund Iskandar Regional Development Authority Section 37. Social Projects Fund 39. Power to borrow 38. 40. 41. 42. 43. 5 Bank accounts Investment Expenditure and preparation of estimates Financial year Statutory Bodies (Accounts and Annual Reports) Act 1980 Part VII GENERAL 44. Power to employ 46. Offence for giving false or misleading information 45. 47. 48. 49. 50. 51. 52. 53. 54. 55. 56. Power to establish companies Offence for unauthorized modification of information in the Authority’s custody Exemption from stamp duty Obligation of secrecy Protection against suit and legal proceedings Public Authorities Protection Act 1948 Public servants Representation in civil proceedings Power to make regulations Things done in anticipation of the enactment of this Act Prevention of anomalies Schedule 6 Laws of Malaysia Act 664 Iskandar Regional Development Authority 7 LAWS OF MALAYSIA Act 664 ISKANDAR REGIONAL DEVELOPMENT AUTHORITY ACT 2007 An Act to incorporate the Iskandar Regional Development Authority, to provide for the proper direction, policies and strategies in relation to development within the Iskandar Development Region, to provide for co-ordination between government agencies to promote trade, investment and development within the Iskandar Development Region, and to provide for matters connected therewith or ancillary thereto. [17 February 2007; P.U. (B) 55/2007] ENACTED by the Parliament of Malaysia as follows: Part I PRELIMINARY Short title and commencement 1. (1) This Act may be cited as the Iskandar Regional Development Authority Act 2007. (2) This Act comes into operation on such date as the Minister may, after consultation with the State Authority of Johore, appoint by notification in the Gazette, and the Minister may appoint different dates— (a) for the coming into operation of this Act in different areas or parts of the Iskandar Development Region; (b) for the coming into operation of different provisions of this Act in the Iskandar Development Region; or 8 Laws of Malaysia Act 664 (c) for the coming into operation of different provisions of this Act in different areas or parts of the Iskandar Development Region. Interpretation 2. (1) In this Act, unless the context otherwise requires— “Government Entity” means— (a) the Federal Government, or any State Government, State Authority or local government; and (b) any ministry, department, office, agency, authority, commission, committee, board, council or other body, corporate or incorporate, of the Federal Government, or of any State Government or local government, whether established under written law or otherwise; “committee” means a committee established by the Authority under section 14; “Approvals and Implementation Committee” means the Approvals and Implementation Committee established under section 30; “State Planning Committee” means the State Planning Committee for Johore established under section 4 of the Town and Country Planning Act 1976 [Act 172]; “Approvals” means licences, permits or passes, registrations and other approvals including those related to the admission into, and departure from, Malaysia, of non-Malaysian citizens, and for tax, customs and excise duties and other fiscal incentives, required for or in connection with trade, investment and development in the Iskandar Development Region; “Chief Executive” means the chief executive officer appointed under subsection 18(1) and includes any officer directed under subsection 18(7) to perform the duties of the chief executive officer; “Fund” means the Iskandar Regional Development Authority Fund established under section 33; “Social Projects Fund” means the Social Projects Fund established under section 37; Iskandar Regional Development Authority 9 “National Physical Planning Council” has the meaning assigned to it in the Town and Country Planning Act 1976; “prescribe” means prescribe by regulations; “Minister” means the Prime Minister; “Menteri Besar” means the Menteri Besar of Johore; “Co-Chairmen” means the Co-Chairmen of the Authority appointed pursuant to section 8; “Commissioners” mean the Commissioners appointed under section 29; “Authority” means the Iskandar Regional Development Authority established under section 3; “local planning authority” has the meaning assigned to it in the Town and Country Planning Act 1976; “local authority” means the local authority for the area or areas within the Iskandar Development Region; “Comprehensive Development Plan” means the Comprehensive Development Plan for the Iskandar Development Region, and includes any alteration of such Comprehensive Development Plan by virtue of section 25; and “draft Comprehensive Development Plan” shall be construed as the context requires; “structure plan” has the meaning assigned to it in the Town and Country Planning Act 1976 in its application to the State of Johore; “local plan” has the meaning assigned to it in the Town and Country Planning Act 1976; “open space” means any land whether enclosed or not which is laid out or reserved for laying out wholly or partly as a public garden, park, sports and recreation ground, pleasure ground, walk or as a public place; “Iskandar Development Region” means the area or areas determined by the Minister in accordance with section 15. (2) For the avoidance of doubt, nothing in this Act shall be construed as reducing or limiting the jurisdiction, powers and 10 Laws of Malaysia Act 664 functions of the State Authority of Johore in relation to land and local government matters. Part II THE AUTHORITY The Authority 3. (1) A body corporate by the name of “Iskandar Regional Development Authority” is established. (2) The Authority shall have perpetual succession and a common seal. (3) The Authority may sue and be sued in its name. (4) Subject to and for the purposes of this Act, the Authority may, upon such terms as it deems fit— (a) enter into contracts; (b) acquire, purchase, take, hold and enjoy movable and immovable property of every description; and (c) convey, assign, surrender, yield up, charge, mortgage, demise, reassign, transfer, or otherwise dispose of, or deal with, any movable or immovable property or any interest vested in the Authority. Objective of the Authority 4. The objective of the Authority is to develop the Iskandar Development Region into a strong and sustainable metropolis of international standing. Functions of the Authority 5. The functions of the Authority shall be— (a) to establish national policies, direction and strategies in relation to development within the Iskandar Development Region and other functions in connection therewith as provided in Part IV; Iskandar Regional Development Authority 11 (b) to co-ordinate the performance of the activities carried out by Government Entities in the Iskandar Development Region as provided in Part V including— (i) to act as a principal co-ordinating agent or authorized agent in relation to applications for Approvals in respect of which the Authority has entered into an agreement or arrangement under section 31; (ii) to recommend uniform standards, guidelines, best practices and administrative processes and procedures to be used by Government Entities for the Iskandar Development Region; and (iii) to monitor the implementation of uniform standards, guidelines, best practices and administrative processes and procedures in facilitating the development of the Iskandar Development Region; (c) to conduct inquiries, carry out surveys, collate, analyse and publish information, statistics and factors influencing or relevant to development, business or investment and to disseminate such information, statistics and factors to investors or potential investors, whether local or foreign, in the Iskandar Development Region and to the relevant Government Entities; (d) to recommend to the relevant Government Entities policies, laws and actions to be applied to the Iskandar Development Region to enhance the international competitiveness of industry and commerce in the Iskandar Development Region; (e) to recommend to the relevant Government Entities incentives in relation to taxes, customs and excise duties and other fiscal incentives applicable to investors in the Iskandar Development Region; (f) to promote and stimulate the Iskandar Development Region as a trade, investment and logistics centre, duty free area and tourist destination; (g) to promote, stimulate, facilitate and undertake in the Iskandar Development Region— (i) economic and social development; 12 Laws of Malaysia Act 664 (ii) the development of tourism and infrastructure as well as residential, agricultural, industrial and commercial development; (iii) the development of art, culture, sport and recreational activities; (iv) public education including the development of educational facilities; and (v) public health including the development of health and medical facilities; (h) to promote private sector investment in the development mentioned in paragraph (g); (i) to plan, phase and co-ordinate the performance of the activities mentioned in paragraphs (f) and (g) and such other activities within the Iskandar Development Region which are deemed by the Authority to be of strategic national importance or in the national interest; and (j) to carry out any other function conferred by or under this Act and to perform any other functions that are supplemental, incidental, or consequential to any of the functions specified in this section. Powers of the Authority 6. Subject to and for the purposes of this Act, the powers of the Authority shall include power— (a) to carry on all activities, particularly a