TOWN AND COUNTRY PLANNING ACT 1976

1 PART I PRELIMINARY-1. Short title, application, and commencement.

(1) This Act may be cited as the Town and Country Planning Act 1976 and shall apply in Peninsular Malaysia.

[Am. by Act A1129: s.5]

(2) Subject to subsection (3), this Act shall come into operation in a State on a date or dates to be appointed by the State Authority, with the concurrence of the Minister, by notification in the State Gazette .

(3) The State Authority may bring this Act into operation in any manner the State Authority thinks most advantageous, convenient, expedient, or practicable, whether by appointing different dates for different provisions of this Act, by appointing different dates for different local authority areas or parts thereof, by bringing a provision into operation generally in the State and at the same time declaring that, for or until such time as may be specified, the provision shall or shall not apply to or in relation to a local planning authority or the are

2 PART I PRELIMINARY-2. Interpretation.

(1) In this Act, unless the context otherwise requires-

"action area" [Deleted by Act A1129: s.6]

"agriculture" includes horticulture, farming, the growing of crops, fruits, vegetables, or trees, the growing of 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 land as a garden to be enjoyed together with a building attached to the land; and "agricultural" shall be construed accordingly;

"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 sect
2A PART II POLICY AND ADMINISTRATION-2A. National Physical Planning Council.

(1) There shall be established a National Physical Planning Council consisting of-

(a) a Chairman, being the Prime Minister;

(b) a Deputy Chairman, being the Deputy Prime Minister;

(c) the Minister;

(d) the Minister responsible for housing and local government, if he is not also the Minister responsible for town and country planning;

(e) the Minister of Finance;

(f) the Minister responsible for land;

(g) the Menteri Besar or Chief Minister of every State;

(h) the Minister responsible for the Federal Territory; and

(i) not more than seven other members to be appointed by the Chairman.

(2) The functions of the National Physical Planning Council shall be-

(a) to promote in the country, within the framework of the national policy, town and co
2B PART II POLICY AND ADMINISTRATION-2B. Director General of Town and Country Planning.

(1) There shall be a Director General of Town and Country Planning whose functions shall be-

(a) to conduct, promote and co-ordinate research in relation to any aspect of town and country planning;

(b) to publish reports, bulletins, statistics, monographs and other publications relating to town and country planning and its methodology;

(c) to provide information and education to the public regarding town and country planning;

(d) to report to and advise the Council upon matters concerning the use of town and country planning in the conservation, use and development of lands in the country and upon any amendments he thinks desirable to any law affecting town and country planning and upon any matters referred to him by the Council;

(e) to establish and maintain liaison and co-operation with each of the State Authorities with respect to town and country plann
3 PART II POLICY AND ADMINISTRATION-3. General planning policy.

Subject to Clauses (5) and (6) of Article 91 of the Constitution, the State Authority shall be responsible for the general policy in respect of the planning of the development and use of all lands and buildings within the area of every local authority in the State; and the State Authority may, in or for the purpose of discharging the responsibility of the State Authority under this section, from time to time give to the Committee or any local planning authority directions of a general character not inconsistent with the provisions of this Act, and the Committee or local planning authority shall give effect to such directions.

Federal Territory of Labuan (Extension and Modification of Town and Country Planning Act 1976) Order 2010 -P.U.(A) 442/2010 cif 01-01-2011.

Subject to Clauses (5) and (6) of Article 91 of the Constitution, the State Authority shall be responsible for the general policy in respect of the planning of t
4 PART II POLICY AND ADMINISTRATION-4. The State Planning Committee and its functions.

(1) There shall be established for the State a State Planning Committee consisting of-

(a) a Chairman, being the Menteri Besar or Chief Minister of the State;

(b) a Deputy Chairman, being a member of the State Executive Council, to be appointed by the State Authority;

(ba) not more than three members to be appointed by the State Authority from amongst the members of the State Executive Council, at least one of whom shall be the member responsible for and whose portfolio is related to town and country planning in the State;

[Ins. by Act A1129: s.8]

(c) the State Secretary;

(d) the State Director shall be the Secretary of the Committee;

[Am. by Act A1129: s.8]

(e) the State Director of Lands and Mines;

(f) the Director of the State Economic Planning Unit or an off
5 PART II POLICY AND ADMINISTRATION-5. Local planning authorities.

(1) Every local authority shall be the local planning authority for the area of the local authority.

(2) For any area in the State that does not form part of the area of any local authority, the State Director shall be the local planning authority, and references to the "local planning authority" in this Act shall be deemed to include the State Director whenever he performs the functions of the local planning authority in relation to that area.

[Subs. by Act A1129: s.9]

(3) [Deleted by Act A1129]

(4) A local planning authority shall furnish the Committee with such returns and information relating to its activities as the Committee may from time to time require.

Federal Territory of Labuan (Extension and Modification of Town and Country Planning Act 1976) Order 2010 -P.U.(A) 442/2010 cif 01-01-2011.

(1) Perbadanan Labuan shall be the local planning authority f
6 PART II POLICY AND ADMINISTRATION-6. Functions of local planning authorities.

(1) The functions of a local planning authority shall be-

(a) to regulate, control, and plan the development and use of all lands and buildings within its area;

(b) to undertake, assist in, and encourage the collection, maintenance and publication of statistics, bulletins, and monographs, and other publications relating to town and country planning and its methodology; and

(c) to perform such other functions as the State Authority or the Committee may from time to time assign to it.

(2) A local planning authority may perform any other functions that are supplemental, incidental, or consequential to any of the functions specified in subsection (1) and do all such things as may be necessary or expedient for carrying out its functions under this Act.

6A PART IIA REGIONAL PLANNING COMMITTEE-6A. Regional Planning Committee.

(1) The Council may from time to time, after consultation with the State Authorities concerned, establish a regional planning committee for a region which consists of an area situated in two or more States.

(2) For the purpose of subsection (1), the Minister shall cause the fact of the establishment of a regional planning committee to be published in the Gazette together with the marking by which the boundary of the region for which the committee is established may be identified.

(3) The regional planning committee shall consist of-

(a) a Chairman, who is appointed by the Prime Minister;

(b) six persons representing the Federal Government, at least four of whom shall be public officers, appointed by the Minister;

(c) not more than four persons representing the Government of each of the States within the region, appointed by the State Authority, one of whom shall be
6B PART IIB NATIONAL PHYSICAL PLAN-6B. National Physical Plan.

(1) The Director General of Town and Country Planning shall, upon the direction of the Council, prepare and submit to the Council for its approval a draft national physical plan which covers Peninsular Malaysia.

(2) The draft national physical plan shall-

(a) be a written statement formulating strategic policies for the purpose of determining the general directions and trends of the physical development of the nation;

(b) be accompanied by such indicative plans as may be required to clarify the strategic policies; and

(c) contain such other matters as may be prescribed or as the Council may in any particular case specify.

(3) When preparing the draft national physical plan and determining its contents for submission to the Council, the Director General of Town and Country Planning shall take into consideration the current national urbanization policy or other
7 PART III DEVELOPMENT PLANS-7. Survey of planning areas.

(1) The State Director shall, in so far as it has not already done so, institute a survey of the State, examining the matters that may be expected to affect the development, or the planning of the development, of the State, and shall in any event keep all those matters under review.

[Am. by Act A1129: s.12]

(2) Notwithstanding that the State Director has carried out his duty under subsection (1), he may, if he thinks fit, and shall, if directed to do so by the Council or Committee, institute a fresh survey of the whole State, examining the matters mentioned in that subsection.

[Subs. by Act A1129: s.12]

(3) Without prejudice to the generality of subsections (1) and (2), the matters to be examined and kept under review under those subsections shall include-

(a) the principal physical, economic, environmental, and social characteristics, including the principal
8 PART III DEVELOPMENT PLANS-8. Preparation of draft structure plans.

(1) The State Director shall, within such period as the Council or Committee may specify, prepare and submit to the Committee a report of his survey under section 7 and at the same time prepare and submit to the Committee for its approval a draft structure plan complying with subsection (3) for the State.

[Subs. by Act A1129: s.13]

(2) The report shall include an estimate of any changes likely to occur, during such period as the Council or Committee may specify, in the matters mentioned in section 7 (3); and different periods may be specified in relation to different matters.

[Am. by Act A1129: s.13]

(3) The draft structure plan for the State shall be a written statement-

[Am. by Act A1129: s.13]

(a) formulating the policy and general proposals of the State Authority in respect of the development and use of land in
9 PART III DEVELOPMENT PLANS-9. Publicity in connexion with preparation of draft structure plans.

(1) When preparing a draft structure plan for the State and finally determining its content for submission to the Committee, the State Director shall take such steps as will in his opinion secure-

[Am. by Act A1129: s.14]

(a) that publicity is given in the State to the report of the survey under section 7 and to the matters that he proposes to include in the plan; and

[Am. by Act A1129: s.14]

(b) that persons who may be expected to desire an opportunity of making representations to the State Director in respect of those matters are made aware that they are entitled to, and are given, an opportunity of doing so;

and the State Director shall consider every representation made within the prescribed period to him.

[Am. by Act A1129: s.14]

(2) As soon as practicable after a draft structure
10 PART III DEVELOPMENT PLANS-10. Approval or rejection of draft structure plans by Committee.

(1) The Committee may, after considering a draft structure plan submitted or resubmitted to it, either approve it, in whole or in part and with or without modifications or reservations, or reject it.

(2) In considering the draft structure plan, the Committee may take into account any matters that it thinks are relevant, whether or not they were taken into account in the plan as submitted or resubmitted to it.

(3) If, on taking the draft structure plan into consideration, the Committee does not determine then to reject it, it shall, before determining whether or not to approve it-

(a) consider any objections to the plan, so far as they are made in accordance with rules made under section 17;

(b) afford to the persons whose objections so made are not withdrawn, an opportunity of appearing before, and being heard by, a subcommittee appointed by the Committee and consisting of four members of t
11 PART III DEVELOPMENT PLANS-11. Review or alteration of structure plans.

(1) A structure plan that has come into effect shall be subjected to review every five years in tandem with the preparation of the State's five-year development plans, and the review shall relate to the whole of the State.

(2) Notwithstanding subsection (1), after a structure plan for a State has come into effect, the State Director may submit to the Committee and shall, if so directed by the Committee, submit to it, within a period specified in the direction, proposals for such review or alterations to the plan as appear to the State Director to be expedient or as the Committee may direct, as the case may be, and the proposals may relate to the whole or to part of the State.

[Subs. by Act A1129: s.16]

11A PART III DEVELOPMENT PLANS-11A. Procedure for review of structure plan.

If it is decided under section 11 that a review of the structure plan for a State is to be held, the State Director shall submit to the Committee a report of the results of his review of the relevant matters under section 7 together with any other information on which the proposals are based, and sections 9 and 10 shall apply, with the necessary modifications, in relation to the proposals as they apply in relation to the structure plan.

[Ins. by Act A1129: s.17]

Federal Territory of Labuan (Extension and Modification of Town and Country Planning Act 1976) Order 2010 - P.U.(A) 442/2010 cif 01-01-2011.

If it is decided under section 11 that a review of the structure plan for a State is to be held, the State Director shall submit to the Committee a report of the results of its review of the relevant matters under section 7 together with any other information on which the proposals are based, an
11B PART III DEVELOPMENT PLANS-11B. Procedure for alteration of structure plan.

(1) If it is decided under section 11 that an alteration is to be made on the structure plan for the State, the State Director shall prepare and submit to the Committee proposals for such alterations.

(2) In formulating the proposals for such alterations, the State Director shall have regard to such matters as the Council or Committee may direct.

(3) The State Director shall submit the structure plan in which the proposed alterations have been incorporated to the Committee and at the same time publish a notice in at least two local newspapers, one of which being in the national language, stating that copies of the plan are available for inspection and that objections may be made within a period of one month from the date of such publication.

(4) The Committee shall appoint a sub-committee consisting of four members of the Committee, one of whom shall be appointed chairman of the sub-committee, and the sub-committee shall hear ev
12 PART III DEVELOPMENT PLANS-12. Preparation of draft local plans.

(1) The local planning authority, while a draft structure plan is being prepared, or before the State Authority gives assent to a draft structure plan that has been prepared, may, if it thinks desirable, prepare a draft local plan for any part of its area.

[Subs. by Act A1129: s.18]

(2) Where a structure plan for the State has come into effect, the local planning authority shall as soon as practicable prepare a draft local plan for the whole of its area.

[Subs. by Act A1129: s.18]

(3) A draft local plan shall consist of a map and a written statement and shall-

(a) formulate, in such details as the local planning authority thinks appropriate, its proposals for-

(i) the development of;

(ii) the use of land in;

(iii) the protection and improvement of the physical environment of;

(iv) the preservation of t
12A PART III DEVELOPMENT PLANS-12A. Publicity in connexion with preparation of draft local plan.

Before commencing the preparation of a local plan, the local planning authority shall take such steps as will in its opinion secure-

(a) that publicity is given in its area to the draft local plan that will be prepared, its objectives and the purpose for its preparation, and matters that the local planning authority proposes to include in the plan;

(b) that persons who may be expected to desire an opportunity of making representations to the local planning authority in respect of those matters are made aware that they are entitled to, and are given, an apportunity of doing so.

[Ins. by Act A1129: s.19]

13 PART III DEVELOPMENT PLANS-13. Publicity in connexion with draft local plans.

(1) When the local planning authority has prepared a draft local plan, it shall, before adopting it under subsection 15(1), but not before the structure plan, so far as it applies to the area of the draft local plan, comes into effect, and subject to subsection (2), make copies of the draft local plan available for inspection at its office and at such other places as it may determine; and each copy made available for inspection shall be accompanied by a statement of the time, as stated in the notice published under subsection (2), within which objections to or representations in respect of the draft local plan may be made to the local planning authority.

(2) Before making copies of a draft local plan available for inspection under subsection (1), the local planning authority shall publish, in three issues of at least two local newspapers, one of which being in the national language, a notice stating the date on which copies of the draft local p
14 PART III DEVELOPMENT PLANS-14. Inquiries and hearings in respect of draft local plans.

(1) For the purpose of considering objections to and representations in respect of a draft local plan, the local planning authority may cause a local inquiry or other hearing to be held by a committee of three persons appointed by the State Planning Committee.

(2) The State Authority may by rules-

(a) make provision in respect of the appointment and qualifications for appointment of persons to hold a local inquiry or other hearing under subsection (1);

(b) make provision in respect of the remuneration and allowances of persons appointed to hold a local inquiry or other hearing under that subsection.

15 PART III DEVELOPMENT PLANS-15. Approval or rejection of draft local plans.

(1) After the expiry of the period afforded for making objections to or representations in respect of a draft local plan or, if such objections or representations have been duly made during that period, after considering the objections or representations, the local planning authority shall submit the draft local plan or the draft local plan as modified so as to take account of the objections or representations or of any matters arising therefrom, to the Committee for its approval.

[Am. by Act A1129: s.20]

(1A) The Committee may, after considering a draft local plan submitted to it, either approve it, in whole or in part and with or without modifications, or reject it.

(1B) In considering the draft local plan, the Committee may take into account any matters that it thinks are relevant, whether or not they were taken into account in the plan as submitted or resubmitted to it.

(1C) The Committee shall
16 PART III DEVELOPMENT PLANS-16. Alteration, repeal, and replacement of local plans.

(1) The local planning authority may at any time make proposals for the alteration, repeal, or replacement of a local plan.

(2) Without prejudice to subsection (l), the local planning authority shall, if the Committee gives it a direction in that behalf in respect of a local plan, as soon as practicable prepare proposals of a kind specified in the direction, being proposals for the alteration, repeal, or replacement of the plan.

(3) Subsections (8) and (9) of section 12, and sections 13, 14, and 15, shall apply in relation to the making of proposals for the alteration, repeal, or replacement of a local plan under this section and to any consequent alteration, repeal, or replacement of the plan, as they apply in relation to the preparation of a draft local plan under section 12 and to a draft local plan prepared thereunder.

16A PART III DEVELOPMENT PLANS-16A. Preparation, etc, of local plan by State Director.

(1) If the Committee is satisfied that a local planning authority has failed to take steps to prepare a local plan or proposals for the alteration, repeal or replacement of a local plan, the Committee may direct the State Director to prepare the plan or proposals and the expenses incurred in connection with such preparations shall be payable by the local planning authority to the State Director.

(2) Sections 12, 13, 14, 15 and 16 shall apply in relation to the preparation of a local plan or the making of proposals for the alteration, repeal or replacement of a local plan under this section.

[Ins. by Act A1129: s.21]

Federal Territory of Labuan (Extension and Modification of Town and Country Planning Act 1976) Order 2010 -P.U.(A) 442/2010 cif 01-01-2011.

Section 16A. [Deleted].

16B PART III DEVELOPMENT PLANS-16B. Special area plan.

(1) At any time during the preparation or upon the coming into effect of a structure plan or a local plan, a State Director or a local planning authority, on his or its own initiative or as directed by the Committee, may submit to the Committee a proposal for the designation of a special area for special and detailed treatment by development, redevelopment, improvement, conservation or management practice, or partly by one and partly by another method, of the whole or part of such special area, and the nature of the treatment proposed.

(2) For the purposes of subsection (1), the Committee shall determine whether it is the State Director or the local planning authority who shall have the responsibility of preparing a plan for the special area.

(3) For the purposes of subsection (2), the plan for a special area shall be prepared in the same manner as the preparation of a local plan, but there shall be incorporated in such plan detailed gu
17 PART III DEVELOPMENT PLANS-17. Power to make rules.

The State Authority may make rules for the better carrying out of the purposes of this Part or for prescribing anything that may be, or is required to be, prescribed under this Part.

18 PART IV PLANNING CONTROL-18. Use of land and buildings.

(1) No person shall use or permit to be used any land or building otherwise than in conformity with the local plan.

(2) Subsection (l) shall not apply to the use of any land or building for the purposes described in section 19(2) (d) .

(3) Subsection (l) shall not affect the continuance of the use of any land or building for the purposes for which and to the extent to which it was lawfully being used prior to the date when a local plan first came into effect in the area concerned or, where there has been a change of local plans or in a local plan, the date when the change became effective.

19 PART IV PLANNING CONTROL-19. Prohibition of development without planning permission.

(1) No person, other than a local authority, shall commence, undertake, or carry out any development unless planning permission in respect of the development has been granted to him under section 22 or extended under section 24(3).

(2) Not withstanding subsection (1), no planning permission shall be necessary-

(a) for the carrying out of such works as are necessary for the maintenance, improvement, or other alteration of a building, being works that affect only the interior of the building and do not-

(i) involve any change in the use of the building or the land to which it is attached;

(ii) materially affect the external appearance of the building;

(iii) involve any increase in the height or floor area of the building;

(iv) involve any addition to or alteration of a building that affects or is likely to affect its drainage, sanitary arrangements, or its soundness; or
20 PART IV PLANNING CONTROL-20. Prohibition of development contrary to planning permission.

No person shall commence, undertake, or carry out any development otherwise than in conformity with the planning permission granted to him under section 22 in respect of the development or with the conditions of the planning permission.

20A PART IV PLANNING CONTROL-20A. Duty to consult.

It shall be the duty of every Federal and State Government department or agency to consult the Committee on any development activity that it proposes to carry out within the State.

[Ins. by Act A1129: s.22]

20B PART IV PLANNING CONTROL-20B. Duty to seek advice.

(1) Without prejudice to section 20A, it shall be the duty of every Federal Government and State Government department or agency to seek advice from the Council on a development proposal relating to:

(a) any coastal reclamation excluding reclamation for the construction of a jetty or beach rehabilitation; and

(b) any construction of a major national infrastructure including:

(i) airports, seaports, inland ports, railway transportation networks, highways, power stations, dams and toxic waste disposal sites; and

(ii) other infrastructure of national interest as determined by the Council.

(2) For the purpose of seeking the advice from the Council under subsection (1), the Federal Government and State Government department or agency shall submit to the Council the development proposal together with a social impact assessment report and other repo
21 PART IV PLANNING CONTROL-21. Application for planning permission.

(1) An application for planning permission in respect of a development shall be made to the local planning authority and shall be in such form and shall contain such particulars and be accompanied by such documents, plans, and fees as may be prescribed.

(2) If the applicant is not the owner of the land on which the development is to be carried out, the written consent of the owner thereof to the proposed development shall be obtained and endorsed on the application.

(3) Where the development involves the erection of a building, the local planning authority may give written directions to the applicant in respect of any of the following matters, that is to say-

(a) the level of the site of the building;

(b) the line of frontage with neighbouring buildings;

(c) the elevations of the building;

(d) the class, design, and appearance of the building;

(
21A PART IV PLANNING CONTROL-21A. Development proposal report.

(1) In addition to the documents and plans required to be submitted under section 21(1) for planning permission, the applicant shall submit a development proposal report which shall contain the following:

(a) the development concept and justification;

(b) a location map and a site plan;

(c) particulars of land ownership and restrictions, if any;

(d) (i) a description of the land including its physical environment, topography, landscape, geology, contours, drainage, water bodies and catchments and natural features thereon;

(ii) a survey of the trees and all forms of vegetation; and

(iii) particulars of a building, which may be affected by the development;

(e) a land use analysis and its effect on the adjoining land;

(ea) an analysis of and mitigation measures for the social impact and other impacts
21B PART IV PLANNING CONTROL-21B. Layout plans.

(1) The layout plans under paragraph (f) of section 21A(1) shall show the proposed development and in particular-

(a) where the development is in respect of any land-

(i) measures for the protection and improvement of its physical environment;

(ii) measures for the preservation of its natural topography,

(iii) measures for the improvement of its landscape;

(iv) measures for the preservation and planting of trees thereon;

(v) the location and species of trees with a girth exceeding 0.8 metre and other vegetation thereon;

(vi) the making up of open spaces;

(vii) the proposed earthworks, if any; and

(viii) a description of the works to be carried out; and

(b) where the development is in respect of a building with special architecture or historical interest, particulars to identify the building including its use
21C PART IV PLANNING CONTROL-21C. Preparation of plan, etc, by a qualified person.

All plans, particulars, layout plans and other documents required to be submitted under this Act shall be prepared by-

(a) a person whose qualifications are prescribed under paragraph (h) of section 58(2); or

(b) a person who is entitled to do so under any other written law.

[Ins. by Act A933: s.8]

22 PART IV PLANNING CONTROL-22. Treatment of applications.

(1) As soon as possible after the receipt of an application for planning permission, or, if the application is one to which section 21(6) applies, as soon as possible after the expiry of the period within which objections may be made or, if objections have been made, as soon as possible after the objections have been dealt with under section 21(7), the local planning authority shall decide on the application for planning permission.

(2) In dealing with an application for planning permission, the local planning authority shall take into consideration such matters as are in its opinion expedient or necessary for proper planning and in particular-

(a) the provisions of the development plan, if any;

(aa) the direction given by the Committee, if any;

[Ins. by Act A1129: s.25]

(b) the provisions that it thinks are likely to be made in any development plan u
23 PART IV PLANNING CONTROL-23. Appeal against decision of local planning authority.

(1) An appeal against the decision of the local planning authority made under section 22(3) may be made to the Appeal Board within one month from the date of the communication of such decision to him, by-

(a) an applicant for planning permission aggrieved by the decision of the local planning authority to refuse planning permission or by any condition imposed by the local planning authority in granting planning permission; and

(b) a person who has lodged an objection pursuant to section 21(6) and is aggrieved by the decision of the local planning authority in relation to his objection.

(2) In considering an appeal, the Appeal Board shall bear the appellant and the local planning authority.

(3) After hearing the appeal, the Appeal Board may make an order-

(a) confirming the decision of the local planning authority and dismissing the appeal;

24 PART IV PLANNING CONTROL-24. Lapse of planning permission.

(1) A planning permission granted under section 22(3) shall, unless extended, lapse twelve months after the date of the grant thereof if, within that time, the development had not commenced in the manner specified in the planning permission.

(2) Subsection (1) shall not apply to a planning permission that expressly states that the development for which the planning permission is granted does not involve any building operation.

(3) On an application being made in that behalf in the prescribed manner before the planning permission lapses, the local planning authority may, on payment of the prescribed fee, grant an extension or further extension of the planning permission.

(4) A planning permission extended under subsection (3) shall, unless further extended, lapse twelve months after the date of the extension thereof if within that time, the development had not commenced in the manner specified in the planning permission.

25 PART IV PLANNING CONTROL-25. Revocation and modification of planning permission and approval of building plans.

(1) If it appears to the local planning authority to be in the public interest that a planning permission granted under section 22 (3) or an approval of a building plan given under any of the previous local government laws should be revoked or modified, the local planning authority may order the permission or approval to be revoked or modified to such extent as appears to it to be necessary.

(2) No revocation or modification under subsection (l) shall have effect until confirmed by the Committee.

(3) An order revoking a planning permission or an approval of a building plan shall state the period within which the person to whom the permission or approval was granted is required to demolish any building erected pursuant to the permission or approval and the maximum amount that the local planning authority is prepared to reimburse the person in respect of costs incurred by him in carrying out the demolition.

(4) If, within the peri
26 PART IV PLANNING CONTROL-26. Offences relating to unauthorized development.

(1) A person who, whether at his own instance or at the instance of another person-

(a) uses or permits to be used any land or building in contravention of section 18;

(b) commences, undertakes, or carries out, or permits to be commenced, undertaken, or carried out, any development in contravention of section 19 or 20;

(c) commences, undertakes, or carries out, or permits to be commenced, undertaken, or carried out, any development where the planning permission or the approval of the building plan, as the case may be, in respect of the development has been revoked pursuant to section 25; or

(d) commences, undertakes, or carries out, or permits to be commenced, undertaken, or carried out, any development after the planning permission or the approval of the building plan, as the case may be, in respect of the development has been modified pursuant to section 25 and the devel
27 PART IV PLANNING CONTROL-27. Enforcement in the case of contravention of section 19.

(1) This section shall apply where it appears to the local planning authority that any development has been or is being undertaken or carried out in contravention of section 19.

(2) If the local planning authority is satisfied that, had an application for planning permission or extension of planning permission in respect of the development been made under section 22 or 24 (3) before the development was commenced, undertaken, or carried out, it would have, in the proper exercise of its powers under those sections, refused to grant planning permission for the development, then the local planning authority shall-

(a) if the development has been completed, serve on both the owner and occupier of the land a notice in the prescribed form requiring both of them to comply, within the period specified in the notice or within such further period as the local planning authority may allow, with such requirements, to be specifi
28 PART IV PLANNING CONTROL-28. Enforcement in the case of contravention of section 20.

(1) This section shall apply where it appears to the local planning authority that any development has been or is being undertaken or carried out in contravention of section 20.

(2) If the local planning authority is satisfied that, had the application for planning permission indicated that the development was to take or result in its present form or state, it would have, in the proper exercise of its powers under section 22, refused to grant planning permission for the development, then the local planning authority shall-

(a) if the development has been completed, serve on both the owner and occupier of the land a notice in the prescribed form requiring both of them to comply, within the period specified in the notice or within such further period as the local planning authority may allow, with such requirements, to be specified in the notice, as the local planning authority thinks fit in order that the developmen
29 PART IV PLANNING CONTROL-29. Enforcement in the case of development that is inconsistent with modified planning permission or approval of building plan.

(1) This section shall apply where it appears to the local planning authority that any development has been or is being undertaken or carried out after the planning permission or the approval of the building plan, as the case may be, in respect of the development has been modified pursuant to section 25 and the development so undertaken or carried out is inconsistent with the modified permission or approval.

(2) If the local planning authority is satisfied that any part, aspect, or feature of the development that is inconsistent with the modified planning permission or approval of building plan is capable of being modified, added to, or demolished so as to bring about consistency with the modified permission or approval, then the local planning authority shall-

(a) if the development has been completed, serve on both the owner and occupier of the land a notice in the prescribed form requiring both of them to comply
30 PART IV PLANNING CONTROL-30. Requisition notice.

(1) If the local planning authority is satisfied-

(a) that any use of land should be discontinued; or

(b) that conditions should be imposed on the continued use thereof; or

(c) that any building or works on any land should be altered or removed,

the local planning authority may, with the approval of the State Authority, by a requisition notice served on the owner of the land-

(i) require the discontinuance of that use; or

(ii) impose such conditions for the continued use of the land as may be specified in the requisition notice; or

(iii) require such steps as may be specified in the requisition notice to be taken for the alteration or removal of the building or works;

and the owner shall, within such period as may be specified in the requisition notice, not being less than one month from the date of service of
31 PART IV PLANNING CONTROL-31. Execution by authorized person.

(1) If any requirement of any notice served under any of the provisions of sections 27, 28, 29, and 30, other than a requirement to discontinue any development or activity, is not complied with within the period specified in the notice or within any further period that may have been allowed by the respective local planning authority, an authorized person may, with or without workmen, enter upon the land to which the notice relates and take such steps as may be necessary to execute the notice, including the demolishing or altering of any building or works and the removal of any goods, vehicles, or things from any building or from the land.

(2) The local planning authority may request the officer in charge of the police district in which the area of the local planning authority is situated to provide police officers to render assistance to an authorized person in taking any action by virtue of subsection (1) and it shall be the duty of the office
31A PART IV PLANNING CONTROL-31A. Inconsistency between building by-laws and development plan.

Where an inconsistency exists between any building by-laws and a development plan in relation to any policies in that plan-

(a) the development plan shall prevail over the by-laws; and

(b) the approving authority shall apply the provisions of the building by-laws in such manner and to such extent as may be necessary to avoid the inconsistency, but so as to ensure that the standards of building soundness for the safety of the occupants and amenity achieved in respect of the development are as good as can reasonably be achieved in the circumstances.

[Ins. by Act A1129: s.31]

32 PART V DEVELOPMENT CHARGE-32. Development charge and liability thereto.

(1) Where a local plan or an alteration of a local plan effects a change of use, density, or floor area in respect of any land so as to enhance the value of the land, a development charge shall be levied in respect of any development of the land commenced, undertaken, or carried out in accordance with the change.

(2) The rate of the development charge or the method of calculating the amount of development charge payable shall be as prescribed by rules made under section 35.

(3) The State Authority may, by rules made under section 35, exempt any person or class of persons or any development or class, type or category of development from liability to the development charge, subject to such conditions as the State Authority may specify in the rules.

33 PART V DEVELOPMENT CHARGE-33. Determination of development charge.

(1) Before granting planning permission for any development, the local planning authority shall determine whether a development charge is payable in respect of the development and, if payable, the amount thereof and shall serve on the applicant for planning permission a notice in the prescribed form demanding payment of the amount.

(2) The determination by the local planning authority of the amount of the development charge shall be final and shall not be subject to appeal or review in any court.

34 PART V DEVELOPMENT CHARGE-34. Payment of development charge.

(1) The development charge shall be payable in a lump sum, but the local planning authority may, on application by the applicant for planning permission, permit the development charge to be paid by such number of instalments as the local planning authority considers just, with interest at the rate, not being a preferential rate, imposed by the Federation of Banks Malaysia-Singapore on loans secured on immovable property.

(2) If any due installment of the development charge is not paid, the local planning authority shall give to the person to whom planning permission has been granted a notice informing him of the default and demanding that payment be made within a reasonable time to be specified in the notice.

(3) If the amount due remains unpaid after the time allowed under subsection (2) has lapsed, the whole balance of the development charge shall become due and payable and may be recovered in the manner in which rates are recovered u
35 PART V DEVELOPMENT CHARGE-35. Power to make rules.

The State Authority may make rules for the purpose of giving effect to and carrying out the provisions of this Part or of prescribing anything that may be, or is required to be, prescribed under this Part.

35A PART VA TREE PRESERVATION ORDER-35A. Tree preservation order.

(1) If it appears to the local planning authority that it is expedient in the interest of amenity to preserve any tree, trees or group of trees in its area, it may make a tree preservation order with respect to such tree, trees or group of trees.

(2) A tree preservation order may, in particular, make provisions-

(a) for prohibiting the felling of trees except with the written permission of and subject to conditions, if any, imposed by the local planning authority; and

(b) for securing the planting of trees or the replacement of trees by replanting in such manner as may be determined by the local planning authority.

(3) Subsection (2) (a) shall not apply to the felling of a tree-

(a) which is dying or dead;

(b) for the prevention of an imminent danger; or

(c) if it is to comply with any written law.

35B PART VA TREE PRESERVATION ORDER-35B. Tree preservation order not to be made if tree is already subjected to conditions.

Notwithstanding section 35A, a tree preservation order shall not be made in respect of a tree which has or trees or group of trees which have already been subjected to conditions imposed under paragraphs (f) and (g) of section 22(5).

[Ins. by Act A933: s.15]

35C PART VA TREE PRESERVATION ORDER-35C. Appeal against tree preservation order, etc.

Any person aggrieved by-

(a) a tree preservation order;

(b) any of the provisions of a tree preservation order;

(c) (i) the refusal of a written permission; or

(ii) any of the conditions imposed on a grant of a written permission,

under paragraph (a) of section 35A(2); or

(d) an order to plant or replace trees under paragraph (b) of section 35A(2),

may, within one month from the date of the communication of such order, refusal or imposition of conditions appeal to the Appeal Board.

[Ins. by Act A933: s.15]

35D PART VA TREE PRESERVATION ORDER-35D. Compensation under a tree preservation order.

(1) If the owner of the land to which a tree preservation order relates proves that he has, in complying with paragraphs of section 35C (a) to (d) , suffered damages in the form of depreciation in the value of the land, he may claim compensation from the local planning authority.

[Am. by P.U.(B) 45/2009]

(2) A claim for compensation under subsection (1) shall be served on the local planning authority-

(a) within six months from the date on which-

(i) the tree preservation order;

(ii) the refusal of a written permission or the imposition of conditions under paragraph (a) of section 35A(2); or

(iii) the order to replace a tree under paragraph (b) of section 35A(2), was communicated to the owner of the land; or

(b) where an appeal is made under section 35C(1), within six months from the
35E PART VA TREE PRESERVATION ORDER-35E. Replacement of trees.

(1) It shall be the duty of the person who is found guilty under section 35A(4) for felling any tree in respect of which a tree preservation order is for the time being in force, in contravention of the tree preservation order, to replace such tree by planting another tree-

(a) of an appropriate size and species;

(b) at or near the same place or such other place;

(c) within the time; and

(d) subject to such terms and conditions,

as may be specified by the local planning authority unless on his application or the application of any other person or at its own discretion the local planning authority dispenses with this requirement.

(2) The time specified by the local planning authority under subsection (1) (c) for the replacement of a tree may be extended once on the application of the person whose duty it is to replace such tree.

35F PART VA TREE PRESERVATION ORDER-35F. Local planning authority to replace tree if the person whose duty it is to replace fails to do so.

In the event of a failure to replace a tree under section 35E(1), the local planning authority may proceed to replace the tree and, notwithstanding payment of a fine under section 35E(5), all costs and expenses reasonably incurred thereby by it shall be reimbursed by the person in default of such replacement.

[Ins. by Act A933: s.15]

35G PART VA TREE PRESERVATION ORDER-35G. Revocation of a tree preservation order.

The local planning authority may amend or revoke a tree preservation order including for the purpose of granting planning permission under section 22(3) in respect of an area where a tree preservation order is for the time being in force.

[Ins. by Act A933: s.15]

35H PART VA TREE PRESERVATION ORDER-35H. Prohibition to fell, etc. tree with girth exceeding 0.8 metre.

(1) No person shall, without the written permission of the local planning authority, fell a tree with a girth exceeding 0.8 metre which is not subjected to a tree preservation order unless the felling-

(a) is in respect of such tree which is dying or dead;

(b) is for the prevention of an imminent danger; or

(c) is to comply with any written law.

(2) For the purpose of subsection (1) the girth of a tree shall be measured half a metre from the ground provided that the girth of a tree with buttress shall be measured above the buttress.

(3) Any person who contravenes subsection (1) commits an offence and is liable, on conviction, to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding three months or both.

[Ins. by Act A933: s.15; Am. by Act A1129: s.34]

36 PART VI THE APPEAL BOARD-36. The Appeal Board.

(1) For the purposes of this Act, there shall be constituted an Appeal Board in and for the State.

(2) The State Authority shall, by notification in the State Gazette , appoint-

(a) with the concurrence of the Minister, a Chairman and a Deputy Chairman of the Appeal Board, being persons who are or have been judges or advocates and solicitors of the High Court or members of the Judicial and Legal Service of Malaysia or who have had judicial experience or other suitable qualifications and experience; and

[Am. by Act A1129: s.35]

(b) such number of fit persons, not exceeding twelve, as the State Authority considers adequate, to be additional members of the Appeal Board.

(3) A person appointed under subsection (2) shall, unless he sooner resigns his office or his appointment is sooner revoked, hold office for such period not exceeding three y
37 PART VII PURCHASE NOTICE AND ACQUISITION OF LAND-37. Notice requiring purchase of land in certain cases.

(1) Without prejudice to the operation of any written law for the time being in force relating to the acquisition of land, a registered proprietor of land-

(a) for the development of whose land planning permission has been refused under section 22(3) on the grounds that the land is indicated in the development plan, whether expressly or by implication, as land intended for a public purpose and who claims that, by reason of the refusal, the land is incapable of reasonable beneficial use; or

(b) who claims that, by reason of compliance with a requisition notice in respect of his land served on him under section 30, the land is incapable of reasonable beneficial use,

may, in the prescribed manner, serve on the local planning authority a purchase notice in the prescribed form, requiring his interest in the land to be purchased in accordance with this section.

(2) There shall be se
38 PART VIII DEVELOPMENT AREAS-38. Declaration of development areas.

(1) At any time after the local planning authority has adopted a local plan for an special area, the local planning authority may, by notification in the State Gazette , declare the area or any part thereof to be a development area.

[Am. by Act A1129: s.36]

(2) Upon an area being declared to be a development area, it shall be the duty of the local planning authority to acquire, by purchase or by compulsory acquisition under the Land Acquisition Act 1960, all alienated lands situated within the area, and to develop the area in accordance with the local plan.

39 PART VIII DEVELOPMENT AREAS-39. Effect of declaration.

(1) Every declaration under section 38 shall have effect as a declaration of intended acquisition under the Land Acquisition Act, 1960 of all alienated lands situated within the area to which the declaration relates and any such lands may, if the local planning authority is unsuccessful in negotiating its purchase of the lands on terms acceptable to the local planning authority, be acquired and paid for in accordance with the said Act, but subject to section 40.

(2) For the purpose of the said Act-

(a) any land intended to be acquired pursuant to this Part shall be deemed to beneeded by the local planning authority;

(b) the local planning authority shall be deemed to be a corporation undertaking a work that is of public utility; and

(c) the land shall be deemed to be needed for the purpose referred to in section 3 (b) of the Act.

40 PART VIII DEVELOPMENT AREAS-40. Special provisions for compensation.

(1) In assessing the compensation payable in respect of any land or building or any interest therein proposed to be acquired compulsorily pursuant to this Part-

(a) the estimate of the value of the land, building, or interest shall be based upon the fair market value thereof at the date of publication of the declaration under section 38 (1), due regard being had to the nature and condition of the property, the probable duration of the building in its existing state, and the state of repair thereof, without giving any allowance in respect of the compulsory purchase or other matters; and

(b) in such estimate any addition to or improvement of the property made after the date of publication of the declaration under section 38(1) shall not, unless the addition or improvement was necessary for the maintenance of the property in a proper state of repair, be included nor, in the case of any interest acquired after
41 PART VIII DEVELOPMENT AREAS-41. Local planning authority may employ agents, enter into arrangements, and establish corporations.

(1) For the purpose of developing a development area in the discharge of its duty under section 38(2), the local planning authority may appoint or employ agents, or, with the approval of the Menteri Besar or Chief Minister, and subject to the rules made under section 44 and to such conditions and restrictions as may be approved or required by the Menteri Besar or Chief Minister, enter into any arrangement for sharing profits, union of interests, co-operation, joint adventure, or reciprocal concession with any person, company, of body.

(2) The local planning authority may, with the approval of the Menteri Besar or Chief Minister, from time to time by order published in the State Gazette , establish a corporation by such name as the local planning authority thinks fit, to carry out and have the charge, conduct, and management of any project, scheme, or enterprise that has been planning or undertaken by the local planning authority in the
42 PART VIII DEVELOPMENT AREAS-42. Power to borrow moneys.

The local planning authority may, with the approval of the Menteri Besar or Chief Minister, but subject to the Public Authorities (Control of Borrowing Powers) Act, 1961, borrow such sums of money as are necessary for financing the development of a development area.

43 PART VIII DEVELOPMENT AREAS-43. Power to dispose of land and property.

The local planning authority may, subject to rules made under section 44, sell, let, or otherwise deal with or dispose of any land or property in a development area that it has developed pursuant to section 38(2).

44 PART VIII DEVELOPMENT AREAS-44. Power try make rules.

The State Authority may make rules-

(a) to regulate the conduct of negotiations for the purchase of lands in a development area and the terms of purchase;

(b) to regulate the making and the terms of any arrangement under section 41 (1);

(c) to secure a just and equitable implementation of section 43; and

(d) generally for the better carrying out of the provisions of this Part.

Federal Territory of Labuan (Extension and Modification of Town and Country Planning Act 1976) Order 2010 - P.U.(A) 442/2010 cif 01-01-2011.

(b) [Deleted].;

45 PART IX MISCELLANEOUS PROVISIONS-45. Power of entry.

(1) An authorized person may, with or without assistants or workmen, enter upon or into any land or building for the purpose of-

(a) making any inquiry, inspection, measurement, or survey, or taking the levels of the land or building;

(b) setting out boundaries and intended lines of works;

(c) indicating such levels, boundaries, and lines by placing or setting up marks and cutting trenches;

(d) digging or boring into the subsoil;

(e) ascertaining whether any development has been commenced, undertaken, or carried out in contravention of this Act or the rules made thereunder; and

(f) doing any other acts necessary for the efficient administration of this Act.

(2) No entry shall be made under subsection (1)-

(a) into a building used solely as a dwelling-house or upon any enclosed part or gar
46 PART IX MISCELLANEOUS PROVISIONS-46. Service of documents.

(1) All documents required by this Act or the rules made thereunder to be served on any person shall, except where otherwise provided in this Act or the rules, be deemed to be duly served-

(a) where the document is to be served on a government department, a railway, local, or statutory authority, or a company, corporation, society, or other body, if the document is addressed to the head of the government department, the general manager of the railway authority, or the secretary or any other principal officer of the local authority, statutory authority, company, corporation, society, or other body at the principal, branch, local, or registered office, as the case may be, of the department, authority, company, corporation, or other body, and is either delivered or sent by registered post at or to such office;

(b) where the document is to be served on a partnership, if the document is addressed to the partner
47 PART IX MISCELLANEOUS PROVISIONS-47. Authentication of documents.

(1) Every plan, map, planning permission, order, permit, or notice prepared, issued, made, or served by the local planning authority under, by virtue, or for the purposes, of this Act shall be sealed with the seal of the local planning authority which shall be authenticated by the signature of the chairman or president of the local planning authority or of an authorized person.

(2) A certificate by the local planning authority certifying that a document referred to in subsection (1) purporting to be prepared, issued, made, or served by the local planning authority was so prepared, issued, made, or served shall be conclusive evidence of the fact so certified.

Federal Territory of Labuan (Extension and Modification of Town and Country Planning Act 1976) Order 2010 - P.U.(A) 442/2010 cif 01-01-2011.

(1) Every plan, map, planning permission, order, permit, or notice prepared, issued, made, or served by the local plann
48 PART IX MISCELLANEOUS PROVISIONS-48. Documentary proof.

(1) Every document referred to in section 47 and sealed in the manner therein prescribed and every document in the form of a receipt, application, record, or register issued, made, or maintained under, by virtue, or for the purposes, of this Act shall be admissible as proof of the contents thereof.

(2) A copy of any document referred to in subsection (1) or an extract therefrom, if certified by the chairman or president of the local planning authority, shall be admissible as evidence of the matters and transactions therein expressed in any case where, and to the same extent as, the original of the document would if produced have been so admissible.

Federal Territory of Labuan (Extension and Modification of Town and Country Planning Act 1976) Order 2010 - P.U.(A) 442/2010 cif 01-01-2011.

(2) A copy of any document referred to in subsection (1) or an extract therefrom, if certified by the Chairman or Chief Ececutive
49 PART IX MISCELLANEOUS PROVISIONS-49. Privilege from production of documents and appearing as witness.

A member, officer, servant, or agent of the local planning authority shall not be required in any legal proceedings to which the local planning authority is not a party, to produce any record, register, or document the contents of which can be proved under section 48(2) by a certified copy, or to appear as a witness to prove the matters and transactions recorded in the record, register, or document, except by order of the court made for special cause.

50 PART IX MISCELLANEOUS PROVISIONS-50. Prosecution.

(1) An authorized person or any police officer not below the rank of Inspector may conduct prosecutions for offences under this Act or the rules made thereunder.

(2) The local planning authority may authorize in writing the incurring of such expenses as may be necessary for prosecutions for offences under this Act or the rules made thereunder.

51 PART IX MISCELLANEOUS PROVISIONS-51. Jurisdiction of courts.

Notwithstanding the Subordinate Courts Act, 1948, a Magistrate of the First Class shall have jurisdiction to try any offence under this Act or the rules made thereunder and to award the full punishment authorized thereby.

52 PART IX MISCELLANEOUS PROVISIONS-52. Penalty for interference with marks.

Any person who, without the authority of the local planning authority, wilfully destroys, damages, defaces, moves, or otherwise interferes with any mark place or set upfor the purpose of indicating any level or direction necessary for the carrying out of the purposes of this Act commits an offence and on conviction-

(a) is liable to a fine not exceeding one thousand ringgit or to imprisonment for a term not exceeding six months or to both; and

(b) may, in addition to or in place of that penalty, be ordered to pay to the local planning authority a sum, recoverable as a fine, not exceeding three times the cost of repairing or reemplacing the mark and of making any survey rendered necessary by the act in respect of which he is convicted.

52A PART IX MISCELLANEOUS PROVISIONS-52A. Offences by body corporate.

Where an offence under this Act has been committed by a body corporate, a person who at the time of the commission of the offence is a director, manager, secretary or other similar officer of the body corporate or a person who was purporting to act in such capacity shall, as well as the body corporate, be deemed to be guilty of that offence unless he proves that the offence was committed without his knowledge or that he took reasonable precautions to prevent its commission.

[Ins. by Act A933: s.17]

53 PART IX MISCELLANEOUS PROVISIONS-53. Public servants.

Every member and agent of the local planning authority, every authorized person, and every assistant or workman accompanying or assisting an authorized person in the performance of his functions under this Act shall be deemed to be public servants for the purposes of the Penal Code.

54 PART IX MISCELLANEOUS PROVISIONS-54. Public Authorities Protection Ordinance.

The Public Authorities Protection Act 1948 [Act 198] shall apply to any action, suit, prosecution, or proceeding against the local planning authority and every member and agent thereof, every member of the Appeal Board, every authorized person, and every assistant or workman accompanying or assisting an authorized person in the performance of his functions under this Act, in respect of any act, neglect, or default done or committed by the authority, member, person, assistant, or workman in his capacity as such.

55 PART IX MISCELLANEOUS PROVISIONS-55. Indemnity against claims in respect of damage or loss.

If the local planning authority, in exercise of its powers under this Act, does anything that a person is required to do under this Act but fails or refuses to do, and in the course or as a result of doing that thing, damage or loss is suffered by another person, and the damage or loss is necessary and unavoidable and is not due to the negligence of the local planning authority, then the person in default shall indemnify the local planning authority against any claim that may be brought against it in respect of the damages or loss.

56 PART IX MISCELLANEOUS PROVISIONS-56. Application of Act 119 to local inquiry or hearing.

Sections 8, 9, 11, 12, 13, 14, 19, 21, and 22 of the Commissions of Enquiry Act 1950 [Act 199] shall, with the necessary modifications and to such extent as may be applicable, apply to a local inquiry or hearing held under subsection 4(7) or 14(1) and to any person holding the inquiry or hearing as if the inquiry or hearing and the person were respectively an inquiry and a Commissioner under the Act.

57 PART IX MISCELLANEOUS PROVISIONS-57. Exemption from fees and charges.

(1) All developments intended exclusively for religious, educational, recreational, social, welfare, or charitable purposes and not for pecuniary profit are exempted from the payment of all charges and fees under this Act, other than the further fees payable under subsections 27(7) and 28(7).

(2) The exemption under subsection (1) does not extend to development charges.

58 PART IX MISCELLANEOUS PROVISIONS-58. Power to make rules.

(1) The State Authority may make rules to carry out the purposes of this Act.

(1A) The Council may make rules with respect to any of the matters in this Act.

(1B) If any rule made by the State Authority is inconsistent with a rule made by the Council, the rule made by the Council shall prevail over the rule made by the State Authority and the rule made by the State Authority shall, to the extent of the inconsistency, be void.

[Ins. by Act A1129: s.37]

(2) In particular, and without prejudice to the generality of subsection (1), rules made under that subsection may provide for-

(a) the regulation of the development of land in accordance with proper planning;

(b) the classes of use of land and buildings or parts thereof;

(c) the control of the density, floor area, plot ratio, plinth area, and use of land and buildings;

(d)
59 PART IX MISCELLANEOUS PROVISIONS-59. Repeal of existing planning laws.

(1) In this section, "existing planning laws" means Part IX of the Town Boards Enactment of the Federated Malay States [Cap. 137], Part IX of the Town Boards Enactment of the State of Johore [En. No. 118], Part VIA of the Municipal Enactment of the State of Kelantan [20/1938], and Part IX of the Town Boards Enactment of the State of Terengganu [Terengganu 12/1355].

(2) Where, pursuant to section 1, this section is brought into operation generally in the State, the existing planning laws in force in the State shall be repealed.

(3) Where, pursuant to section 1, this section is brought into operation in a local authority area or part thereof, the existing planning laws in force in that area or part shall be repealed in their application to that area or part.

(4) If, before the repeal of any existing planning law, there is a conflict or inconsistency between any provisions of that law and this Act, the provisions of this Act shall