NORTHERN CORRIDOR IMPLEMENTATION AUTHORITY ACT 2008

Northern Corridor Implementation Authority 1 LAWS OF MALAYSIA REPRINT Act 687 NORTHERN CORRIDOR IMPLEMENTATION AUTHORITY ACT 2008 As at 1 October 2018 PUBLISHED BY THE COMMISSIONER OF LAW REVISION, MALAYSIA UNDER THE AUTHORITY OF THE REVISION OF LAWS ACT 1968 2018 2 Laws of Malaysia Act 687 NORTHERN CORRIDOR IMPLEMENTATION AUTHORITY ACT 2008 Date of Royal Assent … … … … … 5 February 2008 Date of publication in the Gazette … … … 14 February 2008 Northern Corridor Implementation Authority LAWS OF MALAYSIA Act 687 NORTHERN CORRIDOR IMPLEMENTATION AUTHORITY ACT 2008 ARRANGEMENT OF SECTIONS Part I PRELIMINARY Section 1. Short title and commencement 2. Interpretation 3. General assurances Part II THE AUTHORITY 4. The Authority 5. Objectives of the Authority 6. Functions of the Authority 7. Powers of the Authority 8. Additional functions of the Authority 9. Membership of the Authority 10. Appointment, revocation and resignation 11. Vacation of office 12. Filling of vacancy 13. Remuneration or allowance 14. Disclosure of interest 3 4 Laws of Malaysia Act 687 Section 15. The Authority may establish committees 16. The Northern Corridor Economic Region 17. Delegation of the Authority’s functions and powers 18. Returns, reports, accounts and information Part III CHIEF EXECUTIVE, OFFICERS AND SERVANTS OF THE AUTHORITY 19. The Chief Executive 20. Employment of other officers and servants of the Authority 21. Financial assistance to members, officers, servants and other persons Part IV DIRECTION, POLICIES AND STRATEGIES FOR DEVELOPMENT IN THE NORTHERN CORRIDOR ECONOMIC REGION 22. Responsibility of the Authority 23. Preparation of draft NCER Development Plan 24. Approval or rejection of draft NCER Development Plan 25. Review or alteration of NCER Development Plan 26. Duty to take cognizance of NCER Development Plan 27. Prescribed strategic development Part V CO-ORDINATION BETWEEN GOVERNMENT ENTITIES IN THE NORTHERN CORRIDOR ECONOMIC REGION 28. Principal co-ordinating agency 29. Arrangements with Government Entities 30. Responsibility of Government Entities Northern Corridor Implementation Authority 5 Part VI FINANCE Section 31. The Fund 32. Expenditure to be charged on the Fund 33. Conservation of the Fund 34. Reserve fund 35. Bank accounts 36. Power to borrow 37. Investment 38. Expenditure and preparation of estimates 39. Financial year 40. Statutory Bodies (Accounts and Annual Reports) Act 1980 Part VII GENERAL 41. Power to employ 42. Power to establish companies 43. Offence for giving false or misleading information 44. Offence for unauthorized modification of information in Authority’s custody 45. Obligation of secrecy 46. Offences by body corporate 47. Protection against suit and legal proceedings 48. Public Authorities Protection Act 1948 49. Public servants 50. Power to make regulations 51. Things done in anticipation of the enactment of this Act 52. Savings Schedule 6 Laws of Malaysia Act 687 Northern Corridor Implementation Authority 7 LAWS OF MALAYSIA Act 687 NORTHERN CORRIDOR IMPLEMENTATION AUTHORITY ACT 2008 An Act to incorporate the Northern Corridor Implementation Authority, to provide for the proper direction, policies and strategies in relation to socio-economic development within the Northern Corridor Economic Region, to provide for co-ordination between government agencies to promote trade, investment and development within the Northern Corridor Economic Region, and to provide for matters connected therewith or ancillary thereto. [13 June 2008, P.U. (B) 249/2008] ENACTED by the Parliament of Malaysia as follows: Part I PRELIMINARY Short title and commencement 1. (1) This Act may be cited as the Northern Corridor Implementation Authority Act 2008. (2) This Act comes into operation on such date as the Prime Minister may, after consultation with the State Authorities, appoint by notification in the Gazette, and the Prime Minister may appoint different dates— (a) for the coming into operation of this Act in different areas or parts of the Northern Corridor Economic Region; 8 Laws of Malaysia Act 687 (b) for the coming into operation of different provisions of this Act in the Northern Corridor Economic Region; and (c) for the coming into operation of different provisions of this Act in different areas or parts of the Northern Corridor Economic Region. Interpretation 2. 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 unincorporate, 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 15; “State Planning Committee” means the State Planning Committee for a State, established under section 4 of the Town and Country Planning Act 1976 [Act 172]; “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; “Approvals” means any approval of any Government Entity, whether under any written law or not, and includes approval for or in relation to licence, permit, pass, registration, tax, excise and incentives, required for or in connection with trade, investment and development in the Northern Corridor Economic Region; “State Government” means the Government of a State; Northern Corridor Implementation Authority 9 “Chief Executive” means the chief executive officer appointed under subsection 19(1) and includes any officer directed under subsection 19(6) to perform the duties of the chief executive officer; “Fund” means the Northern Corridor Implementation Authority Fund .established under section 31; “prescribe” means prescribe by regulations; “State” means each of the States of Perlis, Kedah, Pulau Pinang and Perak and “States” shall be construed accordingly; “Chairman” means the Chairman of the Authority specified under section 9; “Authority” means the Northern Corridor Implementation Authority established under section 4; “State Authority” means the State Authority of a State; “local planning authority” has the meaning assigned to it in the Town and Country Planning Act 1976; “local authority” has the meaning assigned to it in the Local Government Act 1976 [Act 171]; “National Physical Plan” has the meaning assigned to it in the Town and Country Planning Act 1976; “NCER Development Plan” means the draft NCER Development Plan approved by each and every State Government pursuant to section 24, and includes any alteration of such NCER Development Plan by virtue of section 25; “structure plan” has the meaning assigned to it in the Town and Country Planning Act 1976; “local plan” has the meaning assigned to it in the Town and Country Planning Act 1976; “Northern Corridor Economic Region” means the area or areas determined by the Prime Minister in accordance with section 16. 10 Laws of Malaysia Act 687 General assurances 3. (1) For the avoidance of doubt, nothing in this Act shall be construed as reducing or limiting the rights, powers and functions of the State of Perlis, Kedah, Pulau Pinang or Perak or any Government Entity. (2) The provisions of this Act shall be read together with any written law relating to any Government Entity and shall not derogate from any of the rights, powers and functions conferred on any Government Entity under any such written law. Part II THE AUTHORITY The Authority 4. (1) A body corporate by the name of “Northern Corridor Implementation 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. Northern Corridor Implementation Authority 11 Objectives of the Authority 5. The objectives of the Authority are— (a) to promote and accelerate the development of the Northern Corridor Economic Region into a world-class economic region and a choice destination for investment, work and living; and (b) to ensure that social development and sustainable development are kept as priorities whilst driving economic growth in the Northern Corridor Economic Region. Functions of the Authority 6. Subject to subsection 22(1), the functions of the Authority shall be— (a) to establish direction, policies and strategies in relation to development within the Northern Corridor Economic Region and other functions in connection therewith as provided in Part IV; (b) to recommend to the relevant Government Entities policies, laws and actions to be applied to the Northern Corridor Economic Region which it deems necessary to achieve its objectives under this Act; (c) to co-ordinate the performance of the activities carried out by Government Entities in the Northern Corridor Economic Region as provided in Part V, including— (i) to recommend uniform standards, guidelines, best practices and administrative processes and procedures to be adopted by Government Entities for the Northern Corridor Economic Region; and (ii) to monitor the implementation of uniform standards, guidelines, best practices and administrative processes and procedures in facilitating the development of the Northern Corridor Economic Region; 12 Laws of Malaysia Act 687 (d) to conduct inquiries on, carry out surveys on, 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 Northern Corridor. Economic Region and to the relevant Government Entities; (e) to recommend to the relevant Government Entities incentives to be applicable to investors in the Northern Corridor Economic Region; (f) to promote, stimulate, facilitate and enhance the international competitiveness of the Northern Corridor Economic Region as an agricultural, manufacturing, education, trade, investment and logistics centre, and tourist destination; (g) to promote, stimulate, facilitate, co-ordinate and undertake in the Northern Corridor Economic Region— (i) economic and social development; (ii) agricultural development, including the modernization, diversification and commercialization of the agricultural sector; (iii) industrial development, including the development of higher value-added activities and new industries; (iv) the development of tourism, including the development of medical health tourism, luxury tourism and ecotourism; (v) the development of infrastructure and logistics; (vi) the development of art, culture and heritage; (vii) human capital development, including the development of vocational and technical institutions and centres of excellence for research, teaching and training; Northern Corridor Implementation Authority 13 (viii) the development of educational facilities or infrastructure; (ix) the development of health and medical facilities; and (x) sustainable development, including environmental protection, management and conservation; (h) to promote private sector investment in the developments mentioned in paragraph (g); (i) to provide advisory and consultancy services to investors or potential investors in the North