Federal territory (planning) act 1982




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FEDERAL TERRITORY (PLANNING) ACT 1982

ACT 267


Preamble

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 - 25th August 1982; Parts IV to X - 15th August 1984.]

BE IT ENACTED by the Duli Yang Maha Mulia 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:



PART I

PRELIMINARY



1.  Short title, application and commencement.

(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:

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.

2.  Interpretation.

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

"action area" means an area or areas shown in any development plan or has been declared as such in accordance with the provision 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;

"authorised officer", in relation to any provision, means an officer designate in writing by the Commissioner to be an authorised 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;

"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;

"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;

"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;

"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;

"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 sub-lessee;

(c) the agent or trustee of any of the persons described in paragraphs (a) and (b) if in the opinion of the Commissioner that any of such persons cannot be traced;

(d) the legal personal representative of any of the persons described in paragraphs (a) and (b) if any of such persons is dead;

(e) the person who for the time being is receiving the rent of the premises in connection with which the word is used whether on his own account or as agent or trustee for any other person or as a receiver or who would receive the same if such premises were let to a tenant;

"planning permission" means permission granted with or without condition in a development order to carry out any development specified in such order;

"plinth area" means the proportion of the area of any lot to be covered by building;

"plot ratio" means the ratio between the total floor area of a building and the area of the building plot;

"public place" includes any place, building or road which is open to the use and enjoyment of the public or where the public have or are permitted to have access whether on payment or otherwise;

"purchase notice" means a purchase notice referred to in section 46;

"requisition notice" means a requisition notice referred to in section 30;

"residence" means the use of human habitation of any land or building or part thereof including gardens, grounds, garages, stables, and out-houses, appertaining to such building;

"road" means any road whether public or private and includes any street, square, court, alley, lane, bridge, footway, track, bridle path, passage, or highway, whether thoroughfare or not over which the public has a right of way;

"structure plan", in relation to an area, means a written statement accompanied by diagrams, illustrations and other descriptive matter containing policies and proposals in respect of the development and use of land in the area and may indicate action area; and "draft structure plan" shall be construed as the text requires;

"use", in relation to any land, means any use of the land other than merely for the keeping or storage of materials and equipment intended to be employed in the construction or erection of a building on the land, or as a site for temporary building for the accommodation of workers involved in the construction or erection of the building;

"utility" includes roads, water and electricity supplies, telephone services, street lighting, sewerage, drainage, public works, and other similar public services and conveniences.

(2) For the avoidance of doubt in construing the scope of any change in the use of land for purposes of this Act, it is decided that-

(a) the use of land as a place for depositing refuse or waste materials involves a change in the use of land, notwithstanding that the land is comprised of a site already used for that purpose if the superficial area or the deposit is thereby extended;

(b) any use of land or part thereof which contravenes or is inconsistent with or contrary to any provision of the development plan involves a change in the use of the land.

(3) For the avoidance of doubt in construing the scope of any change in the use of building for purposes of this Act, it is declared that-

(a) any increase in the number of units in any building to more than the number originally approved by any authority empowered under any written law to give such approval for the building involves a change in the use of the building;

(b) the use as a dwelling house of any building, not originally constructed for human habitation involves a change in the use of the building;

(c) any alteration or addition to that part of the building (whether such part is in the interior of the building or attached to the exterior of the building) which abuts into any regular line of street as prescribed by or defined in any written law relating to streets, drainage and building involves a change in the use of the building;

(d) any use of a building or part thereof which contravenes or is inconsistent with or contrary to any provision of the development plan involves a change in the use of the building;

(e) the use for other purposes of a building or part thereof originally constructed as a dwelling house involves a change in the use of the building.

PART II

FUNCTIONS AND POWERS OF THE COMMISSIONER



3.  General planning policy.

The Minister shall be responsible for general policy with respect to the planning of the development of all lands within the Federal Territory and (subject to Clauses (5) and (6) of Article 91 of the Constitution) of the use of such lands and buildings and for such purposes the Minister may give directions of a general character or specific in nature not inconsistent with the provisions of this Act and the Commissioner shall give effect to such directions.



4.  Advisory Board.

(1) There shall be established for the purpose of this Act a body to be known as the Federal Territory Planning Advisory Board, which in this Act is referred to as the "Advisory Board", to advise the Minister upon-

(a) the draft structure plan;

(b) the draft local plan;

(c) the declaration and revocation of action areas;

(d) the declaration of development areas; or

(e) such other matters as the Minister may from time to time refer to the Advisory Board.

(2) The Advisory Board shall consist of-

(a) the Secretary General of the Ministry of the Federal Territory who shall be the Chairman;

(b) a representative of the Land Executive Committee established under the National Land Code;

(c) the Director General of Perbadanan Pembangunan Bandar (UDA);

(d) the Director General of the Federal Town and Country Planning Department; and

(e) three other members as may be appointed by the Minister.

(3) A member of the Advisory Board appointed under paragraph (e) of subsection (2) shall, unless he sooner resigns his office or his appointment is sooner revoked, hold office for a period not exceeding three years and shall be eligible for reappointment.

(4) A member of the Advisory Board may be paid such allowances as the Minister may with the approval of the Minister of Finance, determine.

(5) Subject to this Act and any regulations made thereunder, the meetings and procedure of the Advisory Board shall be determined by the Advisory Board.

(6) A member of the Advisory Board having an interest in any matter before it shall disclose the fact of his interest and the nature thereof, and such disclosure shall be recorded and such member shall not take part in any proceedings of the Advisory Board relating to such matter.

(7) All members of the Advisory Board shall be deemed to be public servants within the meaning of the Penal Code.

(8) The Minister shall not be bound to concur with the opinion expressed by the Advisory Board on any matter referred to it.

5.  Commissioner to carry out functions and powers conferred and duties imposed by this Act.

(1) The Commissioner is hereby appointed to exercise all the functions and powers conferred and to perform the duties imposed on him by this Act.

(2) In his exercise of any functions and powers conferred or in his performance of any duties imposed by this Act, the Commissioner shall not be subject to the provisions of section 5 of the Federal Capital Act 1960; and any provisions in that Act referring to the Lembaga Penasihat Kuala Lumpur established under the said section 5 shall not apply to the Commissioner in his exercising of the functions and powers and in his performance of his duties under this Act.

(3) Where by or under this Act the Commissioner is empowered to exercise any powers or to perform any duties, he may in writing delegate subject to such conditions and restrictions as may be specified in such written delegation, the exercise of such powers or the performance of such duties to any person described by name or office;

Provided that nothing in this subsection shall apply to any power to make subsidiary legislation conferred upon the Commissioner by or under this Act.

(4) Where the Commissioner delegates the exercise of any powers or the performance of any duties to any person pursuant to subsection (3), the person so delegated shall in this Act be referred to as an authorised officer.

(5) The Commissioner may appoint with the approval of the Minister and subject to such terms and conditions as may be specified in the letter of appointment, agents to transact any business or to do any act required to be transacted or done in the execution of his functions, powers and duties or for the better carrying into effect the purpose of this Act; and the agent so appointed shall in this Act be referred to as the authorised agent.

6.  Functions of the Commissioner.

(1) Subject to the provisions of this Act, the functions of the Commissioner shall be to regulate, control and plan the development of all lands within the Federal Territory and the use of such lands and buildings and to perform any such other functions as the Minister may assign to him.

(2) In particular and without prejudice to the generality of the foregoing provisions, the Commissioner may, and shall if directed by the Minister-

(a) prepare and implement the development plan;

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

(c) prepare and furnish reports relating to the working of this Act; and

(d) perform any other function which is supplemental, incidental or consequential to any of the functions aforesaid or which may be assigned by the Minister.

(3) The Commissioner may exercise all such powers as may be necessary or expedient for the purposes of carrying out his functions under this Act.



PART III

DEVELOPMENT PLANS



7.  Draft structure plan, procedure of public notice and hearing of objections.

(1) On the date of this Act coming into force or as soon as possible thereafter, the Commissioner shall submit the draft structure plan prepared by him to the Minister for the Minister's consent to publish a public notice in the Gazette and in such local newspapers as the Commissioner may determine of the preparation of the draft structure plan for the Federal Territory.

(2) The public notice under subsection (1) shall contain-

(i) particulars of the place or places where copies of the draft structure plan may be inspected and where copies may be purchased on payment of the prescribed fees;

(ii) invitation for objections in writing stating the grounds for the objections from any person with respect to the draft structure plan; and

(iii) the period within which, but not less than one month from the date the notice is published, such objections may be made, provided that the period of objection may be extended by the Commissioner if he considers it necessary.

(3) For the purpose of considering and reporting on any objection made pursuant to subsection (2) the Minister shall appoint a Committee hereinafter in this Act referred to as the "the Committee" comprising of not less than three persons to be appointed by the Minister.

(4) If no objection is received, the Commissioner shall on the expiry of the period within which objections may be made submit the draft structure plan to the Minister for his decision pursuant to section 8.

(5) Where any objection is received, the Commissioner shall inform the Committee who shall consider and report on such objection.

(6) In considering any objection the Committee shall as soon as practicable hear any person including representatives of

Government Departments or statutory bodies who in filing the objection has made a request to be heard.

(7) After the Committee has heard and considered the objections it shall within a reasonable time but not later than six months or such extended period as the Minister may allow after the date of the last hearing make a report to the Commissioner and the Commissioner shall consider the report of the Committee and may make such amendments to the draft structure plan as he considers proper and shall submit the draft structure plan with or without amendments together with the report of the Committee to the Minister not later than three months from the date of the receipt of the report from the Committee or such other extended period as the Minister may allow.



8.  Approval or rejection of draft structure plan by the Minister.

As soon as may be after the receipt of the draft structure plan, pursuant to subsection (4) or (7) of section 7 the Minister may-

(i) approve it; or

(ii) approve it with such modifications, as he may consider necessary; or

(iii) return it to the Commissioner for further consideration before granting his approval; or

(iv) reject the plan.



9.  Publication of public notice concerning the approved draft structure plan.

(1) Immediately after the draft structure plan has been approved by the Minister, the Commissioner shall publish a public notice in the Gazette and in such local newspapers as the Commissioner may determine of the approval of the draft structure plan with or without any amendments or modifications and of the place or places where copies of such plan may be inspected and where copies may be purchased on payment of the prescribed fees.

(2) From the date of publication of the public notice in the Gazette under this section, such structure plan as published shall come into effect.

10.  Alteration, addition, revision or replacement of structure plan.

(1) At any time after a structure plan for the Federal Territory comes into effect, the Commissioner may submit to the Minister and shall, if so directed by the Minister, submit to him within a period specified in the direction, proposals for such alteration, addition, revision or replacement in whole or in part to the plan as appear to the Commissioner to be expedient or as the Minister may direct, as the case may be.

(2) For the purpose of making proposals to carry out any alteration, addition, revision or replacement in whole or in part to the structure plan, the Commissioner may at his own instance and shall, if so directed by the Minister, institute such survey as may be necessary to examine the matters that may be expected to affect the development or the proper planning of the development of the Federal Territory.

(3) Without prejudice to the generality of subsections (1) and (2) the matters to be examined may include-

(a) the principal physical, economic, environmental and social characteristics including the principal land uses of the Federal Territory, and so far as they may be expected to affect the Federal Territory and those of the neighbouring areas;

(b) the size, composition, and distribution of the population of the Federal Territory whether resident or not;

(c) without prejudice to paragraph (a), the communication, transport system, and traffic of the Federal Territory, and so far as they may be expected to affect the Federal Territory, those of the neighbouring areas;

(d) any matters not mentioned in any of the preceding paragraphs that may be expected to affect any matters so mentioned;

(e) such other matters as may be prescribed or as the Minister may in any particular case specify; and

(f) any changes already projected in any of the matters mentioned in any of the preceding paragraphs and the effect that those changes are likely to have on the development, or the planning of the development of the Federal Territory.

(4) In formulating his policy and general proposals for the alteration, addition, revision or replacement in whole or in part of the structure plan, the Commissioner shall have regard to current policies in respect of the social and economic planning and development, the environmental protection of the nation and region and such other matters as the Minister may direct him to take into account.

11.  Consent of the Minister and publication of notice.

Upon the proposals having been prepared under section 10 the Commissioner shall as soon as possible but in any case not later than the time, if any, prescribed by the Minister submit to the Minister for his consent to publish a public notice of the proposals, and subsections (2), (3), (4), (5), (6) and (7) of section 7 and sections 8 and 9 shall apply, with such modifications as may be necessary in relation to the draft structure plan.



12.  Declaration and revocation of action area.

The Commissioner with the approval of the Minister may at any time by notification in the Gazette and in such local newspapers as the Commissioner may determine, declare any area not already shown to be an action area on the development plan to be an action area or may revoke any action area shown on the development plan.



13.  Preparation of draft local plans.

(1) The Commissioner in the course of preparing a draft structure plan for the Federal Territory or before the Minister approves or rejects a draft structure plan that the Commissioner has prepared, may, if he thinks it desirable, prepare a draft local plan for any part of the area.

(2) Where a structure plan for the Federal Territory has come into effect, the Commissioner shall as soon as practicable consider, and thereafter keep under review, the desirability of preparing and, if he considers it desirable and he has not already done so, shall prepare, a draft local plan for any part or for the whole of the Federal Territory.

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

(a) formulate, in such detail as the Commissioner thinks appropriate, his proposals for the development and use of land in the area of the local plan, including such measures as the Commissioner thinks fit for the improvement of the physical environment and the improvement of transportation; and

(b) contain such matters as the Minister may in any particular case specify.

(4) A draft local plan for an area shall be accompanied by such diagrams, illustrations, and descriptive matter as the Commissioner thinks appropriate for the purpose of explaining or illustrating the proposals in the plan and the diagrams, illustrations, and descriptive matter shall be treated as forming part of the plan.

(5) If an area is indicated as an action area in a structure plan or declared to be an action area under section 12, the Commissioner shall, as soon as practicable after the structure plan comes into effect, prepare a draft local plan for that area.

(6) In formulating his proposals in a draft local plan, the Commissioner shall ensure that the proposals conform generally to the structure plan as it stands for the time being, whether or not it has come into effect, and shall have regard to any information and other considerations that appear to him to be relevant, or that may be prescribed, or that the Minister may in any particular case direct him to take into account.

14.  Publicity in connection with draft local plan.

When the Commissioner has prepared a draft local plan, he shall, before adopting it under section 16 but not before the structure plan comes into effect, publish a public notice in the Gazette and in such local newspapers as the Commissioner may determine of the preparation of the draft local plan and subsection (2) of section 7 shall apply with such modifications as may be necessary.



15.  Inquiries and hearings in respect of draft local plans.

The Commissioner shall wherever practicable hear any person including the representative of Government department or statutory body who has made a request to be heard at the time of filing the objection for making representation and if necessary he may call for a local enquiry.



16.  Adoption of draft local plan.

(1) After the expiry of the period afforded for making objections to or representation 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 Commissioner may with the approval of the Minister, subject to subsection (2) adopt the plan either as originally prepared or as modified so as to take account of the objections or representations or for any matters arising therefrom, and thereupon the plan shall come into effect.

(2) The Commissioner shall cause the fact of his adoption of a draft local plan to be published in the Gazette and in such local newspapers as the Commissioner may determine, and of the place or places where the copies of such plan may be inspected and where copies may be purchased on payment of the prescribed fee.

17.  Alteration, repeal, and replacement of local plans.

(1) The Commissioner may at any time make proposals for the alteration, addition, revision, repeal or replacement in whole or in part of a local plan.

(2) Without prejudice to subsection (1), the Commissioner shall if the Minister gives him 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, addition, revision, repeal or replacement in whole or in part of the local plan.

(3) Subsection (6) of section 13 and sections 14, 15 and 16 shall apply in relation to the making of proposals for the alteration, addition, revision, repeal or replacement in whole or in part of a local plan.



18.  Suspension of development plan by the Minister.

(1) The Minister may at his own instance or on the recommendation of the Commissioner and by order published in the Gazette and any local newspaper as specified by the Commissioner suspend the development plan or part thereof for such period and in respect of such area within the Federal Territory as the Minister may deem fit if he is satisfied that having regard to such special circumstances it is expedient so to do.

(2) Where the Minister makes an order under subsection (1), he may in that order provide for such adaptation or modification of the provisions of this Act as may be necessary to bring them into accord with the suspension of the development plan or any part thereof in respect of the area to which the suspension relates.

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