FEDERAL TERRITORY (PLANNING) ACT 1982

LAWS OF MALAYSIA ONLINE VERSION OF UPDATED TEXT OF REPRINT Act 267 FEDERAL TERRITORY (PLANNING) ACT 1982 As at 1 December 2011 2 FEDERAL TERRITORY (PLANNING) ACT 1982 … … ... 9 March 1982 Date of publication in the Gazette … … … 9 March 1982 Date of Royal Assent … … PREVIOUS REPRINTS First Reprint … … … … … 2001 Second Reprint … … … … … 2006 3 LAWS OF MALAYSIA Act 267 FEDERAL TERRITORY (PLANNING) ACT 1982 ARRANGEMENT OF SECTIONS P ART I PRELIMINARY Section 1. Short title, application and commencement 2. Interpretation P ART II FUNCTIONS AND POWERS OF THE COMMISSIONER 3. General planning policy 4. Advisory Board 5. Commissioner to carry out functions and powers conferred and duties imposed by this Act 6. Functions of the Commissioner P ART III DEVELOPMENT PLANS 7. Draft structure plan, procedure of public notice and hearing of objections 8. Approval or rejection of draft structure plan by the Minister 9. Publication of public notice concerning the approved draft structure plan 4 Section 10. Alteration, addition, revision or replacement of structure plan 11. Consent of the Minister and publication of notice 12. Declaration and revocation of action area 13. Preparation of draft local plans 14. Publicity in connection with draft local plan 15. Inquiries and hearings in respect of draft local plans 16. Adoption of draft local plan 17. Alteration, repeal, and replacement of local plans 18. Suspension of development plan by the Minister P ART IV PLANNING CONTROL 19. Use of land and buildings 20. Prohibition of development without planning permission 21. Application for planning permission 22. Development order 23. Appeal against decision of Commissioner 24. Lapse of development order 25. Revocation and modification of development order, permission and approval 26. Offences relating to unauthorized development 27. Enforcement notice relating to development carried out in contravention of the law 28. Effect of enforcement notice served pursuant to section 27 29. Penalty for non-compliance with enforcement notice served pursuant to section 27 30. Requisition notice 5 P ART V PRESERVATION AND PLANTING OF TREES Section 31. Provision for preservation and planting of trees 32. Commissioner may cause trees to be properly planted 33. Refund of deposit on completion of works 34. Refund of deposit where building works are not commenced 35. Tree preservation order 36. Prohibition to cut tree with girth exceeding one metre 37. Replacement of trees 38. Penalties for non-compliance with the preservation order 39. Enforcement of duties as to tree preservation order P ART VI DEVELOPMENT CHARGE 40. Development charge and liability thereto 41. Determination of development charge 42. Appeal against assessment of development charge 43. Development charge to be a charge on land 44. Payment of moneys into fund P ART VII APPEAL BOARD 45. Appeal Board P ART VIII PURCHASE NOTICE AND ACQUISITION OF LAND 46. Notice requiring purchase of land in certain cases 6 P ART IX ACTION AREAS AND DEVELOPMENT AREAS Section 47. Service of an action area order 48. Effect of declaration 49. Commissioner may employ agents, enter into arrangements, and establish corporations 50. Power to borrow money 51. Power to dispose of land and property P ART X MISCELLANEOUS PROVISIONS 52. Power of entry 53. Service of document 54. Authentication of documents 55. Documentary proof 56. Restriction on the summoning of the Commissioner, authorized officers and agents 57. Prosecution 58. Disposal of goods removed by Commissioner 59. Penalty for interference with marks 60. Public servants 61. Public Authorities Protection Act 1948 62. Indemnity and exemption from liability, etc. 63. Exemption from fees and charges 64. Power to make rules 65. Repeal and saving 66. Perbadanan Pembangunan Bandar Act 1971 7 LAWS OF MALAYSIA Act 267 FEDERAL TERRITORY (PLANNING) ACT 1982 An Act to make provisions for the control and regulating of proper planning in the Federal Territory, for the levying of development charges, and for purposes connected therewith or ancillary thereto. [Parts I, II & III—25 August 1982, P.U. (B) 445/1982; Parts IV to X—15 August 1984, P.U. (B) 315/1984] BE IT ENACTED by the Seri Paduka Baginda Yang di-Pertuan Agong with the advice and consent of the Dewan Negara and Dewan Rakyat in Parliament assembled, and by the authority of the same, as follows: P ART I PRELIMINARY Short title, application and commencement 1. (1) This Act may be cited as the Federal Territory (Planning) Act 1982. (2) Without prejudice to subsection (3), this Act shall apply only to the Federal Territory. (3) This Act shall come into force on such date as the Minister may by notification in the Gazette appoint: 8 Laws of Malaysia ACT 267 Provided that the Minister may appoint different dates for the coming into force of this Act for different parts of the Federal Territory or for different provisions of this Act. Interpretation 2. (1) In this Act, unless the context otherwise requires— ―action area‖ means an area shown in any development plan or has been declared as such in accordance with the provisions of this Act to facilitate new development, redevelopment or improvement; ―agriculture‖ includes horticulture, farming, the growing of crops, fruits, vegetables or trees or the growing of any plants for use as fodder, dairy farming, the breeding and keeping of livestock, fish or bees, and the use of land for purposes ancillary to any of those activities or to any other agricultural activities but does not include the use of any land as a garden to be enjoyed together with a building attached on the land; ―amenities‖ means such quality or condition of a place or area as contributes to its pleasantness, harmony, and better enjoyment, and includes open spaces, parks, recreation grounds, and playgrounds; ―Appeal Board‖ means the Appeal Board constituted under section 45; ―authorized officer‖, in relation to any provision, means an officer designated in writing by the Commissioner to be an authorized officer for the purposes of that provision; ―building‖ includes any house, hut, shed or roofed enclosure whether temporary or permanent and whether or not used for the purpose of human habitation, and also any wall, fence, platform, staging, gate, wireless, post, aerials and antenna used for transmission purposes, pillar, paling, frame, hoarding, slip, bathing and swimming pools, dock, wharf, pier, jetty, landing stage or bridge, or any structure, support, or foundation connected to or with any of the foregoing; Federal Territory (Planning) 9 ―building operation‖ means the demolition, erection, re-erection, or extension of a building or structure or part thereof and includes— (a) any increase in height or floor space of a building; (b) any addition to or alteration of a building that affects or is likely to affect its drainage or sanitary arrangements or its soundness; (c) any addition to or alteration of a building, whether done before or after completion of the building, that departs in any particular from any plan or specification approved at any time by any authority empowered under any written law to approve the plan or specification in respect of that building; (d) any addition to or alteration of a building that materially affects or is likely to materially affect the building in any manner; and (e) any other operation normally undertaken by a person carrying on the business of building construction; ―commerce‖ means carrying on any trade, business or profession and includes the supply or offer to supply goods or services, the storage, or exchange of goods of any type whatsoever for purpose of trade, business or profession, the running of private hospitals, nursing homes, infirmaries, sanatorium, educational institutions, boarding houses and the establishment of offices; ―commercial use‖ means the use of any land or building or part thereof for purposes of commerce; ―Commissioner‖ means the Commissioner appointed under the Federal Capital Act 1960 [Act 190]; 10 Laws of Malaysia ACT 267 ―Comprehensive Development Plan‖ means the comprehensive development plan referred to as plans Nos.: 1039, 1040 and 1041 in the *City of Kuala Lumpur (Planning) Act 1973 [Act 107]; ―density‖ means the intensity of use of land reckoned or expressed in terms of the number of persons, dwelling units, or habitable rooms, or any combination of those factors, per unit area of land; ―development‖ means the carrying out of any building, engineering, mining, industrial, or other similar operation in, on, over, or under land, and includes any change in the use of any land or building or any part thereof, or the subdivision or amalgamation of lands; ―development area‖ means a part or the whole of an action area which is to be acquired in accordance with section 47; ―development charge‖ means the development charge levied under section 40; ―development order‖ means the development order issued under this Act granting planning permission with or without conditions for any development specified in such order; ―development plan‖, in relation to an area means— (a) the local plan for the area; or (b) if there is no local plan for the area, the structure plan for the area; and, in relation to any land or building, means the development plan, as so defined, for the area in which the land or building is situated; ―enforcement notice‖ means an enforcement notice served pursuant to section 27; *NOTE—The City of Kuala Lumpur (Planning) Act 1973 [Act 107] has since been repealed by the Federal Territory (Planning) Act 1982 [Act 267]–see subsection 65(1) of Act 267. Federal Territory (Planning) 11 ―engineering operation‖ includes the formation or levelling of land, the formation or laying out of means of access to a road and the laying out of cables, mains or means of water supply sewerage or drainage; ―Federal Territory‖ means the area as shown in the deposited plan identified by reference to Gazette Plan No. 383; ―floor area‖ means the total area of floor space within a building measured between the external sides of walls or in the case of party walls, between the centre of the party walls; ―industry‖ includes the carrying out of any manufacturing, fabricating, repairing, assembling or processing of agricultural produce or finishing process; ―industrial use‖ includes the use of any land or building or part thereof for purposes of industry; ―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; 12 Laws of Malaysia ACT 267 ―local plan‖, in relation to an area, means the local plan as prepared under section 13; ―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 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, sport and recreation ground or pleasure ground or walk, or as a public place; ―owner‖, in relation to any land or building, means— (a) the registered proprietor of the land; (b) the registered lessee of a lease including a registered sublessee; (c) the agent or trustee of any of the persons described in paragraphs (a) an