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STATE OF SABAH
Town and Country Planning Ordinance

(Sabah Cap. 141)

Together with the Subsidiary Legislation made thereunder

Throughout the Ordinance “ringgit” substituted for “dollar”

Throughout the Ordinance “Yang di-Pertua Negeri” substituted for “Yang di-Pertua Negara”,

To make provision for the orderly and progressive development of land, towns and other areas whether urban or rural, to preserve and improve the amenities thereof, and for other matters connected therewith.

[28th June, 1950.]

1. Short title and application.
(1) This Ordinance may be cited as the Town and Country Planning Ordinance, and shall apply to the areas specified in the First Schedule.

(2) The Yang di-Pertua Negeri may by order –

(a) add to, vary or revoke the whole or any part of the First Schedule;

(b) declare that in respect of any area to which this Ordinance is applied and which is not included within any area within which an urban authority or a Township Council constituted under the Rural Government Ordinance* exercises jurisdiction (in this section referred to as the “extended area”) the by-laws, rules and regulations of such authority or Council as may be specified in such Order relating to development (including building operations), or any other such by-laws, rules and regulations as may be specified, shall apply throughout such extended area as if the extended area were part of such urban area as defined in the Municipal and Urban Authorities Ordinance†, or part of such Township as defined in the Rural Government Ordinance*; and, for the purposes of such by-laws, rules and regulations, that the powers of such authority or Council or of any officer of such authority or Council shall be exercised in the extended area by the urban authority or Township Council or officer; and from the date of publication of any such order the provisions of this Ordinance and such by-laws, rules and regulations shall have effect in the extended area.

PART 1

PRELIMINARY

2. Interpretation.
In this Ordinance –

“approved scheme” means a scheme which has been approved by the Yang di-Pertua Negeri, under paragraph (a) of subsection (2) of section 10;

“building” means any building, erection, structure or any other building erected on or made on any lands and where the context so permits, includes the land on which the building is situate;

“building operations” includes any works, preliminary or incidental to the erection of buildings;

“Central Board” means the Board constituted under the provisions of section 3;

“development” means the carrying out of any building, engineering, mining, industrial or other similar operation, on, over, or under land, the making of any material change in the case of any land or building or any part thereof or the subdivision or amalgamation of lands;

“draft scheme” means a scheme which has been prepared or adopted by a local authority but which has not been approved by the Yang di-Pertua Negeri;

“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 or drainage;

“fence” includes any boarding or paling used as such, and also banks and walls;

“hard roof” shall have the meaning assigned in any written law applicable to the building to which it relates and if there be no written law so applicable or if the building was erected before the coming into force of this Ordinance shall include a roof of belian shingles;

“hedge” includes any tree or shrub forming a part of a hedge;

“land” includes land covered with water and also includes incorporeal as well as corporeal hereditaments of every tenure or description, and any interest therein, and also an undivided share of land;

“Local Authority”* means local authority as defined in section 2 of the Interpretation Ordinance.

“material date” means the date on which the resolution to prepare a draft plan under section 8 of the Town Planning Ordinance, 1927, was notified or the date on which the resolution to prepare or adopt a draft scheme under section 6 was notified:

Provided that where any provision of a scheme is revoked by a subsequent scheme which contains the same provision or a provision substantially to the same effect, the material date in relation to that later provision shall be the date which, if the earlier provision had continued in operation, would have been the material date in relation thereto;

“owner” in relation to any land, means the registered owner of the title under which such land is held and in relation to any building includes any person entitled to the rents or profits of the building under a sub-lease registered in accordance with the provisions of the Land Ordinance;

“permanent building” means -

(a) any building which was erected, or constructed, before the 31st day of December, 1941, and which did not contravene any written law relating to development or building operations in force in respect of such building at the time such building was erected, or constructed;

(b) any building the erection of which was contemplated by an endorsement on the land title of the owner, which was built before the material date and which did not contravene any written law relating to development or building operations in force in respect of such building at the time such building was erected or constructed; and

(c) any building with a hard roof and with walls wholly or partly of brick, stone, concrete, wood or iron or a combination of any such materials:

Provided that any such building which was erected or constructed on land the subject of a temporary occupation licence and any such building which was erected or constructed with the approval of the Chairman of any Local Authority as a temporary building under the building by-laws of such Authority shall not be a permanent building;

“road” means any road whether public or private and includes any street, square, court, alley, lane, bridge, footway, bridle path, passage, or highway whether a thoroughfare or not;

“site” in relation to a building includes the area of any offices, out-buildings, yard, court or garden occupied or intended to be occupied therewith.

3. Constitution of the Central Town and Country Planning Board.
(1) There is hereby constituted a Board to be styled the Central Town and Country Planning Board which shall consist of-

(a) the Permanent Secretary to the Ministry of Local Government and Housing (Chairman);

(b) (Deleted).

(d) the Director of Medical Services or his representative;

(e) the Director of Lands and Surveys*;

(f) the Permanent Secretary to the Ministry of Tourism and Environmental Development or his representative;

(g) the Director of the Department of Geology or his representative; and

(h) seven other persons to be appointed by the Yang di-Pertua Negeri†.

(2) The duties of the Board shall be to consider all schemes submitted to it by Local Authorities, to make recommendations thereon to the Yang di-Pertua Negeri, to advise the Yang di-Pertua Negeri generally on the development of land and to supervise and control Local Authorities in the exercise of the powers and duties conferred and imposed upon them by this Ordinance.

(3) Six members of the Board shall form a quorum.

(4) In the event of the absence of the Chairman from any meeting of the Board, the members present shall select one of their number to be Chairman for the purpose of that meeting.

(5) At any meeting of the Board, the decision of a majority of members present shall be the decision of the Board and the Chairman shall have an original vote, and, in the case of an equality of votes, shall also have a casting vote.

(6) Members of the Board shall be entitled to such remunerations or allowances as the Minister for Local Government and Housing may approve.

4. Appointment of Town and Country Planner.
(1) The Yang di-Pertua Negeri* may appoint an officer to be styled the Town and Country Planner.

(2) The Town and Country Planner shall be the technical adviser and chief executive officer of the Central Board and shall -

(a) carry out such duties as may be delegated to him by the Central Board;

(b) convey to Local Authorities the decisions, instructions and recommendations of the Central Board;

PART II

PREPARATION AND APPROVAL OF SCHEMES

5. Regulations as to procedure and in relation to matters in the Second Schedule.
(1) The Central Board may with the approval of the Yang di-Pertua Negeri make regulations† for regulating generally the procedure to be followed in connection with the preparation of draft schemes and the several matters and things mentioned in the Second Schedule.

(2) Any such regulations may provide that the breach or contravention of any regulation is an offence against such regulations and may provide as a penalty for any such offence a fine not exceeding five hundred ringgit.

6. Preparation of draft scheme by a Local Authority.

(1) A Local Authority may by resolution -

(a) decide to prepare a draft scheme with respect to any land within the area specified in the resolution and within the jurisdiction of such Authority; or

(b) adopt, with or without modifications, a draft scheme proposed by all or any of the owners of any such land; or

(c) where any person makes any application to develop any land within the jurisdiction of such Local Authority, require such person to prepare a draft scheme for such land and all land contiguous to such land in respect of which such person is the owner or has any interest whatsoever.

(2) Notice of any resolution under the provisions of paragraph (a) of subsection (1) shall be published as soon as may be in the Gazette and in such other manner as to the Local Authority may seem fit.

(3) Where a Local Authority decides under subsection (1) to prepare a draft scheme, it shall proceed with the preparation of such scheme with all practicable speed.

(4) The Local Authority may delegate to a committee the duty of preparing such draft scheme. Such committee may co-opt any person or persons whose assistance or advice it may desire for such period or for such purpose as it may determine. Every person so co-opted shall for such period or for such purpose be a member of such committee.

(5) Where a draft scheme has been prepared under paragraph (c) of subsection (1) or subsection (4), the Local Authority may adopt with or without variations such draft scheme.

7. Notification of preparation of draft scheme and objections.
(1) Where a draft scheme has been prepared by a Local Authority under the provisions of subsection (3) of section 6 or adopted by a Local Authority under the provisions of paragraph (b) of subsection (1) or subsection (5) of section 6 such Local Authority shall forthwith notify such preparation or adoption, as the case may be, by publication in the Gazette and thereupon cause such draft scheme to be made available for public inspection for such period as may be prescribed and at such times and places as may be specified in such notification.

(2) Any person or public body affected by the draft scheme may within such period send to the Chairman of the Local Authority a written statement of objections to anything in the draft scheme.

(3) Such written statement shall set out -

(a) the nature of and reasons for the objection;

(b) if the objection would be removed by an alteration of the draft scheme, any alteration proposed;

(c) if the objection can be satisfied by pecuniary compensation without alteration of the draft scheme, the amount of such compensation.

(4) Any such written statement shall be considered at a meeting of the Local Authority of which the objector shall be advised, and the objector may attend and be heard in person or by advocate or by a duly authorised agent or officer.

(5) The Local Authority may reject any objection in whole or in part or frame amendments of the draft scheme to meet such objection. Notice of any amendment shall be served upon the owner of any land affected thereby.

(6) Any written objection to an amendment received within the prescribed period after service of such notice upon the objector shall be considered at a meeting of the Local Authority of which such objector and the objector (if any) upon whose objection such amendment was made shall be advised, and all the objectors may attend and be heard in person or by advocate or by a duly authorised agent or officer.

8. Submission of draft scheme to Central Board.
After consideration of all objections the Local Authority shall submit the draft scheme with or without amendments to the Central Board together with -

(a) a schedule of the objections (if any) made under section 7 and not withdrawn;

(b) a schedule of the amendments (if any) framed by the Local Authority with a view to meeting such objections;

(c) a schedule of the claims to compensation (if any) made under section 7 and the recommendations of the Local Authority thereon.

9. Powers of Central Board.
The Central Board may adopt, with or without variations a draft scheme submitted to it by a Local Authority under the provisions of section 8 or may refer it back to such Local Authority for further information or consideration.

10. Approval of schemes.
(1) When the Central Board has adopted a draft scheme it shall with all convenient speed submit the same to the Yang di-Pertua Negeri.

(2) The Yang di-Pertua Negeri may either -

(a) approve of such scheme with or without modification; or

(b) require such scheme to be modified; or

(3) When the Yang di-Pertua Negeri requires under this section a scheme submitted to him to be modified, it shall be the duty of the Local Authority concerned to modify such scheme accordingly and to re-submit such scheme as so modified to the Central Board within such time as the Yang di-Pertua Negeri may stipulate and thereupon subsections (1) and (2) shall apply as if such scheme were then being submitted for the first time.

(4) When the Yang di-Pertua Negeri requires under this section a new scheme to be made and submitted to him it shall be the duty of the Local Authority concerned to make a new scheme accordingly and to submit such scheme to the Central Board within such time as the Yang di-Pertua Negeri may stipulate, and thereupon subsections (1) and (2) shall apply as if such submission were the first submission of an original scheme.

(5) When the Yang di-Pertua Negeri approves a draft scheme under this section such approval shall be signified on such scheme by the Clerk to the Cabinet* who shall sign it and forthwith deposit it in the office of the Director of Lands and Surveys†. Notice of such approval shall be published in the next issue of the Gazette and the approved scheme shall have full force and take effect as from the date of such notification.

(6) The Local Authority concerned shall thereupon cause copies of such approved scheme certified by the Deputy Director of Lands and Surveys† to be made available for public inspection at the prescribed times and places.

11. Deposit of copies of approved scheme.
(1) A copy of every approved scheme certified by the Town and Country Planner shall be deposited at the office of the Director of Lands and Surveys† and at the District Land Office and thereupon the Director or the Assistant Collector of Land Revenue, as the case may be, shall make on the documents of title to the lands affected by any such scheme or in the registers of title an endorsement to the effect that such land is subject to the conditions of such approved scheme.

(2) The Director of Lands and Surveys† or the Assistant Collector of Land Revenue may, if he shall think fit, by notice, require any person in possession of any document of title or copy thereof to deliver the same to him for similar endorsement, and such person shall be legally bound to deliver the same within twenty-eight days from the date of service of such notice.

(3) Where any registers of documents of titles or copies thereof are lost and such registers have not been re-constituted the Director or Assistant Collector of Land Revenue as the case may be shall keep such records and do such acts as the Director of Lands and Surveys† shall require to ensure that the provisions of this section shall be complied with as soon as may be.

12. Revocation or modification of approved scheme.
(1) A local authority may, and upon the direction of the Central Board or the Yang di-Pertua Negeri, shall -

(a) resolve that an approved scheme shall be revoked and the provisions of sections 7 to 11 inclusive shall thereupon apply in the same manner as if the revocation were a draft scheme as referred to in subsection (1) of section 7; or

(b) resolve to prepare or cause to be prepared any modification of or amendment to an approved scheme in whole or in part by the alteration, or deletion of any provision or matter therein appearing or the addition of any provisions or matter thereto and the provisions of subsections (2) to (4) inclusive of section 6 and of sections 7 to 11 inclusive shall thereupon apply in the same manner as if such proposed modification or amendment were a draft scheme referred to in subsection (1) of section 6:

Provided that the Yang di-Pertua Negeri may delegate *the exercise of his powers under section 10, generally or specially, to the Minister for Local Government and Housing in respect of such modifications and amendments.

(2) Where under the provisions of section 10 the Yang di-Pertua Negeri or the Minister for Local Government and Housing in the exercise of any power delegated to him under the proviso to paragraph (b) of subsection (1) approves the revocation or modification or amendment of any approved scheme proposed in accordance with the provisions of subsection (1), the Director of Lands and Surveys shall within one month of the date of such revocation, modification or amendment give notice thereof to the owner of any property affected and thereupon, if the owner has not in fact suffered any damage, any compensation already agreed upon or rewarded by a Judge shall be cancelled without prejudice to the right of a later scheme but subject nevertheless to the provisions of subsection (2) of section 25.

13. Obligation to give information to Central Board or Local Authority.
(1) The Central Board or a Local Authority in the area within its jurisdiction may, for any purpose arising in relation to the making of a draft scheme or the enforcement or carrying out of an approved scheme, by notice in writing require the owner or occupier of any land or building in the area to which such scheme relates or is intended to relate or any person receiving, whether for himself or for another, rent out of any such land or building to state in writing and deliver or forward by registered post to the Central Board or Local Authority, as the case may be, within a specified time not less than twenty-eight days after being so required, particulars of the interest or right by virtue of which he owns or occupies such land or building or receives such rent (as the case may be), and the name and address, and the interest or right (so far as known to him) of every person who to his knowledge has any interest in or right over or in respect of such land or building.

(2) Every person required to make and deliver a statement under this section who shall wilfully make any false statement, or fail or refuse to make such a statement, shall be guilty of an offence and shall be liable, on conviction, to a penalty of five hundred ringgit.

14. Powers of entry, examination and survey for preparation of scheme.
(1) A Local Authority may at any time cause the whole or any part of any land within its jurisdiction to be entered upon, examined and surveyed and the circumstances and requirements thereof to be investigated for the purpose of deciding whether or not a scheme should be made in respect of any such land or any part thereof and of making such scheme if decided upon.

(2) Any person authorised in that behalf in writing by a Local Authority may, for the purpose of any entry, examination, survey, or investigation which a Local Authority is authorised by this section to cause to be made, and on production of such written authority, enter and there do any thing which such person shall reasonably consider to be necessary for the said purpose:

Provided that no person shall enter into any building or into or upon any enclosed yard, court or garden attached to any dwelling-house, unless with the consent of the occupier thereof, without previously giving such occupier at least seven days’ notice in writing of his intention so to do.

(3) Every person who wilfully obstructs or interferes with any other person in the exercise by such other person of any power vested in him by virtue of this section shall be guilty of an offence and shall be liable, on conviction, to a penalty of five hundred ringgit.

PART III

INTERIM DEVELOPMENT OF LAND

15. Interim development.
(1) Subject to the succeeding provisions of this section, as from the material date no person shall, within the jurisdiction of any Local Authority, carry out any development of land or any construction, demolition, alteration, extension, repair or renewal of any building until six months after an approved scheme takes effect for the area containing such land or building.

(2) A Local Authority may with the approval of the Central Board during any period of prohibition under the provisions of subsection (1), do all or any of the following things, that is to say -

(a) grant to any person applying therefor permission in writing to develop land, construct, demolish, alter, extend, repair, or renew a particular building in the area to which such scheme is proposed to relate;

(b) prohibit the further proceeding with the development of land or construction, demolition, alteration, extension, repair, or renewal of any particular building situate in the said area, stating in writing their reasons for such prohibition.

(3) The Central Board may authorise or instruct a Local Authority to attach to a permission granted under this section such conditions as it thinks proper.

(4) A prohibition made under this section may either prohibit absolutely the further proceeding with the work to which such prohibition relates or prohibit the further proceeding with such work otherwise than under and in accordance with conditions specified in such prohibition.

(5) Every person who, otherwise than in accordance with an approved scheme or by permission granted under the provisions of paragraph (a) of subsection (2), proceeds with or does any work in contravention of this section shall be guilty of an offence, and shall be liable, on conviction, to a penalty of one thousand ringgit together with, in the case of a continuing offence, a further penalty of one hundred ringgit for every day during which the offence is continued.

16. Appeal to a Judge in relation to permission or prohibition.
(1) Any person aggrieved by the grant or the refusal of a permission or by the making of a prohibition under section 15 may within twenty-eight days from the date on which he received notice of the decision appeal to a Judge by notice in writing in which he shall set forth the grounds of his appeal.

(2) The Judge shall cause the appellant and the Local Authority to appear before him, and it shall be lawful for him to hear and determine the matters in dispute in a summary manner; and for the purpose to examine such parties or any of them and their witnesses.

(3) The Judge may dismiss or allow the appeal either unconditionally, or subject to such conditions as he thinks proper to impose and allow such costs as he may think fit.

(4) Where on an appeal under this section from the making of a prohibition, such prohibition is revoked by the Judge, or is confirmed by the Judge with new conditions inserted therein or with amendments of the conditions contained therein, the Judge may, if he thinks proper, as part of his determination of the matter the subject of such appeal, direct the Local Authority to pay to the person by whom such appeal was brought such sum as the Judge shall think proper to specify by way of compensation for loss suffered by such person by reason of such prohibition during the period between the making of such prohibition and the determination of such appeal.

(5) The determination by the Judge of an appeal under this section shall be final.

17. Yang di-Pertua Negeri may suspend the operation of certain enactments.
(1) The Yang di-Pertua Negeri may after consulting the State Cabinet* at any time after the material date and before an approved scheme takes effect, by order published in the Gazette, suspend the operation of any written law relating to development (including building operations), where in order to promote the development permitted in the area to which the scheme relates it is expedient so to do.

PART IV

CONTENTS AND EFFECTS OF APPROVED SCHEMES

18. Contents of approved schemes.
(1) Every approved scheme shall specify and define clearly the area to which it relates.

(2) Every approved scheme shall contain such provisions as are necessary or expedient for prohibiting or regulating the development of land in the area to which such scheme applies, and generally for carrying out any of the objects for which such scheme is made, and in particular for dealing with any of the matters mentioned in the Third Schedule.

(3) An approved scheme may provide for the pooling and re-distribution of lands, or for re-adjustment of the boundaries and areas of such lands:

Provided that -

(a) there are no permanent buildings on such lands, or if there are, the inclusion of such lands is expedient to the scheme; and

(b) in the event of any owner not agreeing to the pooling and re-distribution of his land, or to the re-adjustment of the boundaries and areas of his land, the Yang di-Pertua Negeri on behalf of the State of Sabah may acquire such land or any part thereof as is necessary for carrying out such scheme.

(4) Any written law relating to development or building operations inconsistent with the provisions of an approved scheme or the application of which would tend to hinder the carrying out of an approved scheme shall not apply to the area to which an approved scheme relates.

18A. Implementation of approved scheme in certain areas.
(1) Where at any time after an approved scheme has taken effect the Local Authority considers that the lots in any part of the area to which such approved scheme applies (in this section referred to as the “old lots”) so differ in size, shape or layout from the lots for which the approved scheme provides in respect of such part (in this section referred to as the “new lots”) that the approved scheme can in such part be economically, conveniently and expeditiously implemented only if the ownership of lands in such part ceases to be determined by reference to the old lots and becomes vested by reference to the new lots held under such titles as will by their terms and conditions facilitate the implementation of the approved scheme, the Local Authority may define such part by posting up in some conspicuous place in any part of its offices to which the public has access a map or maps on which such part shall be clearly demarcated and proceed in the following manner -

(a) where the total area of the land comprised within the new lots is equal to or greater than the total area of the land comprised within the old lots, the Local Authority shall in consultation with the owners of such old lots devise a scheme for the pooling and re-distribution of the lands within such part whereunder -

(i) all the land comprised within the new lots shall be assumed to constitute a pool available to Government for disposal in accordance with the provisions of such scheme; and

(ii) any such owner who surrenders his old lot or lots to Government shall become entitled to receive in exchange therefor from Government a new lot or lots equal in area to such old lot or lots,

(b) where the total area of the land comprised within the new lots is less than the total area of the land comprised within the old lots so that it would not be practicable to proceed under paragraph (a) but the Local Authority is of opinion that a scheme under which each owner of an old lot or lots would receive in exchange therefor a lesser area of land comprise within a new lot or lots is nevertheless desired by a majority of such owners having regard to the value which such new lots are likely to have upon the completion of the approved scheme, the Local Authority shall in consultation with such owners devise and exchange scheme whereunder -

(i) all the land comprised within the new lots shall be assumed to constitute a pool available to Government for disposal in accordance with the provisions of such scheme; and

(ii) any such owner who surrenders his old lot or lots to Government shall become entitled to receive in exchange therefor from Government such new lot or lots as the Local Authority and not less than three-quarters in number of the owners affected by such scheme and holding in the aggregate not less than one-half of the total area of the land comprised within the old lots may agree is fair in the circumstances, having regard to the total area of land comprised within the new lots and available for distribution amongst the owners of old lots;

(c) where the total area of the land comprised within the new lots is less than the total area of the land comprised within the old lots so that it would not be practicable to proceed under paragraph (a) and the Local Authority is of opinion that there is no majority of owners of old lots desiring it to proceed under paragraph (b) the Local Authority shall -

(i) so inform the Yang di-Pertua Negeri; and

(ii) publish the fact that it has so informed the Yang di-Pertua Negeri by posting notice thereof up in some conspicuous place in any part of the offices of the Local Authority to which the public has access, and

unless within fourteen days from the date of such publication at least one-half of the owners of old lots petition the Yang di-Pertua Negeri for an ex-change scheme under paragraph (b) (in which case the Yang di-Pertua Negeri shall direct the Local Authority to proceed under that paragraph and the Local Authority shall so proceed) it shall be lawful for the Yang di-Pertua Negeri on behalf of the State of Sabah to acquire all or any land comprised within all or any old lots by compulsory acquisition and develop any land so acquired by him in conformity with the approved scheme or cause or arrange in such manner as he may think fit for any such land to be so developed.

(2) In the course of preparation of any scheme under subsection (1) the Local Authority shall publish by posting up in some conspicuous place in any part of its offices to which the public has access a summary of the principal terms and conditions of the titles that will be granted to owners acquiring new lots thereunder.

(3)(a)Where a pooling and re-distribution scheme has been devised under paragraph (a) of subsection (1), the Local Authority shall -

(i) reduce it to writing; and

(ii) publish it by posting a true copy thereof up in some conspicuous place in any part of the offices of the Local Authority to which the public has access; and

(iii) submit a further such copy thereof to the Central Board;

(b) any owner affected may within fourteen days from the publication of a pooling and re-distribution scheme appeal to the Central Board against the provisions of the scheme in so far as they affect him and the Board shall hear such owner and, if the Local Authority so desires, a representative of the Local Authority and either reject such appeal or make such alteration in the scheme as it may consider will meet the justice of the case:

Provided that no such alteration which affects any other owner shall be made until such other owner has had an opportunity of making his views in regard to the proposed alteration known to the Board and the Board has ruled thereon;

(c) on the termination of the period of fourteen days mentioned in paragraph (b) or, if any appeal made thereunder is then outstanding, on the determination of such appeal, the pooling, and re-distribution scheme with the alterations (if any) made by the Central Board shall become binding on all owners of the land comprised within the old lots.

(4)(a)Where an exchange scheme has been devised under paragraph (b) of subsection (1) and has been accepted in writing by not less than three-quarters in number of the owners affected by such scheme and holding in the aggregate not less than one-half of the total area of the land comprised within the old lots, the Local Authority shall -

(i) publish it by posting a true copy thereof up in some conspicuous place in any part of the offices of the Local Authority to which the public has access; and

(ii) submit a further such copy thereof to the Central Board;

(b) any owner affected who has not accepted the exchange scheme in writing may within fourteen days from the publication of the scheme appeal to the Central Board against the provisions of the scheme in so far as they affect him and the Board shall hear such owner and, if the Local Authority so desires, a representative of the Local Authority and either reject such appeal or make such alteration in the scheme as it may consider will meet the justice of the case:

(c) on the termination of the period of fourteen days mentioned in paragraph (b) or, if any appeal made thereunder is then outstanding, on the determination of such appeal, the exchange scheme with the alterations (if any) made by the Central Board shall become binding on all owners of the land comprised within the old lots.

(5) It shall be the duty of the Local Authority to plan, organise and supervise the implementation of any scheme devised under subsection (1) as soon as may be convenient after it shall have become binding and for the purposes of such implementation, without prejudice to such other action as may be proper, it shall be lawful for the Local Authority-

(a) to call upon any owner to surrender his old lot or lots to Government; and

(b) to call upon the Director of Lands and Surveys upon completion of such surrenders to grant titles (subject to the terms and conditions published under subsection (2)) in respect of new lots to owners entitled thereto.

(6)(a)in any case in which an owner fails to surrender his old lot or lots upon being called upon to do so by the Local Authority under paragraph (a) of subsection (5) the Local Authority shall report the matter to the Yang di-Pertua Negeri who may on behalf of the State of Sabah acquire by compulsory acquisition such owner's old lot or lots;

(b) notwithstanding anything contained in the Land Ordinance any old lot acquired by the Yang di-Pertua Negeri by compulsory acquisition under paragraph (a) shall be made available by him for the purposes of the scheme in connection with which such lot was so acquired, in consideration whereof the Yang di-Pertua Negeri shall be entitled to participate in such scheme in the place of the owner of such lot and shall have all the rights which the owner would have had under the scheme had he surrendered his lot to Government and in particular the Yang di-Pertua Negeri shall have the rights to possession as owner on behalf of the State of Sabah of any new lot or other consideration which such owner would have received had he participated in such scheme.

If at any time after a Local Authority has started to devise an exchange scheme it is satisfied that there will not be the agreement thereto of not less than three-quarters in number of the owners affected and holding in the aggregate not less than one-half of the land comprised within the old lots, the Local Authority shall not proceed further with such scheme but shall report the matter to the Yang di-Pertua Negeri and thereafter it shall be lawful for the Yang di-Pertua Negeri on behalf of the State of Sabah to acquire all or any land comprised within all or any of such old lots by compulsory acquisition and develop any land so acquired by him in conformity with the approved scheme or cause or arrange in such manner as he may think fit for any such land to be so developed.

(8) Notwithstanding anything contained in section 33 no development rate shall be payable thereunder in respect of any land acquired by any person under a scheme devised under paragraph (b) of subsection (1) or in respect of any house or building erected in accordance with the terms and conditions of a title granted under such scheme.

(9) Notwithstanding anything contained in this section and for the avoidance of doubt it is hereby declared -

(a) that for the purpose of computing the number of owners required by this section to accept an exchange scheme before such scheme may be submitted by a Local Authority to the Central Board -

(i) no account shall be taken of any owner who is not in the State of Sabah and who, after enquiry, the Local Authority is satisfied has not left in the State of Sabah a representative with full powers to act on his behalf in respect of such owner's holdings affected by such scheme; and

(ii) any owner who has expressed his willingness to surrender his old lot or lots to the Government for the purposes of the scheme as soon as he is called upon to do so by the Local Authority for any agreed consideration other than a new lot or lots shall be deemed to be an owner who has accepted the scheme; and

(b) that no exchange scheme shall be invalidated or considered not binding on any owner because he has not appealed against the provisions of such scheme in so far as they affect him by reason of the fact that he was not himself in the State of Sabah and had left no representative in the State of Sabah with full powers to act on his behalf; and

(c) that it shall not be necessary for the Yang di-Pertua Negeri before acquiring any land by compulsory acquisition for the purposes of any scheme devised under this section to enter into any prior negotiation for the purchase of such land; and

(d) that it shall be lawful for the Local Authority to indicate on the map or maps referred to in subsection (1) any old lot or new lot that shall not be included in any scheme devised under that subsection where special considerations apply to such old lot or new lot, whereupon the land comprised within any such lot shall not be taken into account as a new lot or as an old lot as the case may be for the purposes of this section.

(10) For the purposes of this section any act required or permitted to be done by the Central Board shall be deemed to be validly done if done by a committee consisting of such members of the Board as the Board may by resolution authorise either generally or specifically to do such act.

18B. Validation of previous exchange scheme.
Where the Local Authority certifies to the Central Board that -

(a) prior to the 31st day of August, 1953 an exchange scheme has been devised in respect of the area or any part of the area of an approved scheme; and

(b) in its opinion such scheme substantially complies with the provisions of section 18A; and

(c) such exchange has been accepted either in writing or by any act of affirmation by at least seventy-five per centum of the owners of land affected thereby and the aggregate holdings of such owners represented not less than fifty per centum by superficial area of the total alienated land affected by the exchange scheme; and

(d) such exchange scheme cannot be carried out by reason of the failure of any of the landowners in the area of the approved scheme to implement it,

such scheme shall be considered by the Central Board and upon a declaration that, in the opinion of the Central Board, such scheme substantially complies with the provisions of section 18A and has been accepted by the requisite percentages set out in that section such scheme shall be deemed for all purposes to be a binding exchange scheme under the provisions of paragraph (c) of subsection (4) of section 18A.

19. Power to enforce and carry into effect approved schemes.
(1) Subject to the provisions of this section, the Local Authority may at any time -

(a) remove, pull down or alter, so as to bring into conformity with the provisions of an approved scheme, any building or other work which does not conform to those provisions, or the removal, demolition or alteration of which is necessary for carrying an approved scheme into effect, or in the erection or carrying out of which any provision of an approved scheme has not been complied with; or

(b) where any building or land is being used in such manner as to contravene any provision of an approved scheme, prohibit it from being so used; or

(c) where any land has since the material date been put to any use which contravenes any provision of an approved scheme, reinstate the land; or

(d) execute any work which it is the duty of any person to execute under an approved scheme in any case where delay in the execution of the work has occurred and the efficient operation of an approved scheme has been or will be thereby prejudiced and recover the cost of the execution of such works as may be provided in the scheme or, in default of any such provision, from such persons to such extent and in such manner as may be ordered by a Judge on the application of the Local Authority either before or after the execution of such works and any such order shall be filed in the High Court* and such order shall thereupon for all purposes (including appeals and executions) be deemed to be a final judgement or order of the High Court*.

(2) Before taking any action under this section the Local Authority shall serve a notice on the owner and on the occupier of the building or land in respect of which the action is proposed to be taken and on any other person who, in its opinion, may be affected thereby, specifying the nature of and the grounds upon which it proposes to take that action.

(3) The date stated in a notice served under this section as the date on or after which the intended exercise of the power therein mentioned is intended to be begun shall be not less than three months when any permanent building is affected and in any other event not less than one month after the service of such notice, and the Local Authority shall not do any act or thing in exercise of such power in relation to the building or land mentioned in the notice before the said date.

(4) If any person served with such a notice as aforesaid considers the period fixed by such notice to be insufficient or desires to dispute any allegation or matter contained therein, he may within twenty-eight days from the date on which he received such notice appeal to a Judge by notice in writing in which he shall set forth the grounds of his appeal.

(5) The Judge shall cause the appellant and the Local Authority to appear before him, and it shall be lawful for him to hear and determine the matters in dispute in a summary manner; and for that purpose to examine such parties or any of them and their witnesses.

(6) If on any such appeal the Judge is satisfied that the Local Authority is entitled to take the proposed action on the grounds specified in the notice, he shall dismiss the appeal and shall by his order empower the Local Authority, after the expiration of such period as he may decide, to remove, pull down, or alter the building or work, or reinstate the land or execute required work, or, as the case may be, shall by his order prohibit the building or land from being used in contravention of the approved scheme after the period aforesaid, but, if he is not so satisfied, he shall allow the appeal.

(7) The Judge shall allow such costs as he may think fit.

(8) Every person who uses any building or land in a manner prohibited under this section or obstructs or interferes with the exercise by the Local Authority of any power vested in it shall in addition to any civil liability be guilty of an offence and shall be liable, on conviction, to a penalty of five hundred ringgit together with, in the case of a continuing offence, a further penalty of fifty ringgit for every day during which the offence is continued.

20. Acquisition of land to which approved scheme applies.
(1) The Yang di-Pertua Negeri on behalf of the State of Sabah may purchase by agreement any land to which an approved scheme applies, which is required for the purposes of the scheme, and in particular, he may purchase any such land -

(a) which is required for carrying out the improvement or controlling the development or controlling the development of frontages to, or of lands abutting on or adjacent to, any road, or any proposed road which is to be constructed wholly or partly at the public expense; or

(b) which is required for securing the satisfactory development of any land in accordance with the provisions of the scheme in any case where, by reason of the land being held in plots which are of inconvenient size or shape, or of which the agreement or alignment is inconvenient, or by reason of the multiplicity of interests in the land, or by reason of the fact that the land is being used in a manner or for purposes inconsistent with the provisions of the approved scheme, it does not appear to be reasonably practicable to secure such development otherwise than by purchase of the land; or

(d) which is required for the purpose of providing accommodation for a person whose premises have been purchased for the purposes of an approved scheme.

(2) Where the Yang di-Pertua Negeri is unable to purchase by agreement any land which he is authorised, under subsection (1), to purchase on behalf of the State of Sabah, he may acquire such land by compulsory acquisition.

21. Manner and consequences of acquisition.
(1) Where the Yang di-Pertua Negeri, on behalf of the State of Sabah, desires to acquire land under this Ordinance by compulsory acquisition he shall, by order published in the Gazette, declare that the land described in the order shall be compulsorily acquired as aforesaid, and cause to be deposited in the office of the Director of Lands and Surveys* a copy of the order together with a plan, prepared by or on behalf of the Deputy Director of Lands and Surveys* of the land to be acquired by compulsory acquisition.

(2) Upon publication of such order as required by subsection (1) the land and the buildings and erections thereon shall, without any conveyance, vest in the Yang di-Pertua Negeri free of all incumbrances and the Director of Lands and Surveys* shall take or cause to be taken all such steps as are necessary either by way of registering memoranda against the titles to the land affected or otherwise to give effect to such order.

(3) In respect of such compulsory acquisition compensation shall be assessed in the manner provided by the Land Acquisition Ordinance, and the provisions of that Ordinance relating to the assessment of compensation shall, save where modified by this Ordinance, apply to such compulsory acquisition:

Provided that for the purpose of such provisions, the value of the land shall be taken to be the amount which the land, in its condition at the time of acquisition, if sold in the open market by a willing seller, might have been expected to have been realised either at the material date or, if an order under subsection (1) is published after a period of five years from the material date has elapsed, at the date of the publication of such order.

22. Powers of entry, etc., for carrying out approved scheme.
(1) Any person authorised in that behalf in writing by the Local Authority may, on production of such written authority, enter on any land in the area to which an approved scheme relates and there make such inspection, survey, examination and investigation as may be necessary for the purposes of the enforcement or carrying out of such scheme:

(2) Every person who wilfully obstructs or interferes with any person in the lawful exercise of any power conferred by this section shall be guilty of an offence and shall be liable, on conviction, to a penalty of two hundred and fifty ringgit.

23. Penalty for contravention of approved scheme.
Any person who wilfully does any act (whether of commission or omission) which is a contravention of a provision contained in an approved scheme shall be guilty of an offence and shall be liable, on conviction, to a penalty of five hundred ringgit and, in the case of a continuing offence, to a further penalty of fifty ringgit for every day during which the offence continues.

PART V

COMPENSATION

24. Provision as to compensation for injurious affection.
Subject to the provisions of this Ordinance, any person-

(a) whose property is injuriously affected by the coming into operation of any provision contained in an approved scheme, or by the execution of any work under an approved scheme; or

(b) who for the purpose of complying with any provision contained in an approved scheme, or in making a claim under the provisions of this Ordinance relating to compensation, has incurred expenditure which is rendered abortive by a subsequent revocation or variation of the scheme,

shall, if he makes a claim to the Local Authority within the time limited for the purpose by this Ordinance, be entitled to recover as compensation from the Government the amount by which his property is decreased in value, or, so far as it was reasonably incurred, the amount of the abortive expenditure, as the case may be.

25. No compensation in certain classes of cases.
(1) No compensation shall be payable in respect of any building -

(a) the erection of which was begun after the material date unless such erection was begun under and in accordance with permission from the Local Authority; or

(b) which at the material date was in a dangerous, ruinous, dilapidated, unsafe, unsightly or insanitary condition.

(2) No compensation shall be payable in respect of any of the following provisions in an approved scheme, namely, any provision which -

(a) prescribes the location of buildings, the extent of the yards, gardens, and curtilage of buildings; or

(b) imposes any sanitary conditions in connection with buildings; or

(c) limits the number of buildings or the number of buildings of a specified class which may be constructed, erected on, or made in or under any area; or

(d) prohibits or regulates the subdivision of land; or

(e) regulates or empowers the Local Authority to regulate the size, height, spacing, design, colour and materials of buildings; or

(f) controls, restricts or prohibits the objects which may be affixed to buildings; or

(g) prohibits or restricts building operations only pending the coming into operation of an approved scheme; or

(h) prohibits or restricts building operations permanent likely, on the ground that by reason of the situation or nature of the land the erection of buildings thereon would be likely to involve danger or injury to health, excessive expenditure of public money in the provision of roads, sewers, water supply, or other public services; or

(i) prohibits (otherwise than by way of prohibition of building operations) the use of land for a purpose likely to involve danger or injury to health, or detriment to the neighbourhood, or restricts (otherwise than by way of restriction of building operations) the use of land so far as may be necessary for preventing such danger, injury or detriment; or

(j) restricts the purposes for and the manner in which buildings may be used or occupied; or reserves or allocates any particular land or all land in any particular area for buildings of a specified class or classes; or

(k) in the interests of safety, regulates or empowers the Local Authority to regulate the height and position of proposed walls, fences or hedges near the corners or bends of roads; or

(l) limits the number or prescribes the sites of new roads entering a road or the site of a proposed road; or

(m) in the case of land which at no time within the period of two years, immediately preceding the material date, was, or formed part of the site of a building, fixes in relation to any road a line beyond which no building in that road or proposed road may project; or

(n) in the case of the erection of any building intended to be used for purposes of business or industry, requires the provision of accommodation for parking, loading, unloading, or fuelling vehicles, with a view to preventing obstruction of traffic on any road; or

(o) prohibits, restricts or controls, either generally or in particular places, the exhibition, whether on the ground, on any building or any temporary erection, or any vehicle, boat, or other movable object (whether on land or on or in water or in the air), of all or any particular forms of advertisements or other public notices; or

(p) prevents, remedies or removes injury to amenities arising from the ruinous or neglected condition of any building or by the objectionable or neglected condition of any land attached to a building or abutting on a road or situate in a residential area; or

(q) prescribes, in the case of land exceeding one acre in extent reserved for the purpose of being developed as a building area, that a proportion of the land (not exceeding ten per centum thereof) be set aside for open spaces in addition to the area required for roads.

(3) Nothing contained in subsection (2) shall preclude an owner from claiming compensation for loss or injury arising from -

(a) being prevented by the operation of this Ordinance from maintaining a permanent building which was in existence on the material date, or from continuing to use any such building for the purpose for which it was used on the material date; or

(b) where a permanent building which was in existence at any time within two years immediately before the material date has been demolished or been destroyed by fire or otherwise, being prevented by the operation of this Ordinance from erecting, within two years after such demolition or destruction on the site of such demolished or destroyed building a new building which substantially replaces such demolished or destroyed building or from using such new building for the purpose for which such demolished or destroyed building was last used.

26. Exclusion or limitation of compensation in certain other cases.
(1) No compensation shall be payable under this Ordinance in respect of any property on the ground that it has been injuriously affected by any provision contained in an approved scheme, if and in so far as the same provision or a provision substantially to the same effect, was, at the date when such scheme came into operation, already in force by virtue of any other written law.

(2) A person shall not be entitled to recover compensation under this Ordinance in respect of any action taken under section 19 except in a case where a building which the Local Authority has removed, pulled down or altered, was an existing permanent building at the material date.

(3) Where any provision of an approved scheme is revoked or varied by a subsequent scheme, no compensation shall be payable in respect of any property on the ground that it has been injuriously affected by any provision contained in the subsequent scheme if and in so far as that later provision is the same, or substantially the same, as the earlier provision so revoked or varied; but if at the date when the revocation or variation of that earlier provision becomes operative -

(a) there is still outstanding any claim for compensation duly made thereunder; or

(b) the time originally limited for making such a claim has not expired,

any such outstanding claim and any such claim made within the time so limited shall be entertained and determined, and may be enforced, in the same manner in all respects as if all the provisions of the earlier scheme had continued in operation.

27. Making of claims for compensation.
(1) A claim under this Ordinance for compensation shall be made by serving upon the Local Authority a notice in writing stating the grounds of the claim and the amount claimed.

(2) Subject to the provisions of this Ordinance or of any regulations made thereunder a claim under this Ordinance for compensation may be made within twelve months after the date on which the provision giving rise to the claim came into operation or within such longer period as may be specified in the approved scheme, or in respect of expenditure rendered abortive by the revocation or variation of an approved scheme, within twelve months after the date on which the action was completed, or the order came into operation, or the revocation of the scheme became operative or in other cases within the prescribed period.

28. Determination of claims to and recovery of amounts due.
(1) Any question arising under this Ordinance as to

(a) the right of a claimant to recover compensation; or

(b) the amount and manner of payment of any such recoverable compensation as aforesaid;

shall unless the parties concerned otherwise agree, be referred to and determined by a Judge;

Provided that in every case in which the amount of compensation claimed shall exceed ten thousand ringgit the Judge in hearing any claim made under paragraph (b) shall sit with two assessors who shall be appointed by the Court for the purpose of aiding the Judge (neither of whom shall be a public officer) who shall advise the Judge of their opinions but in the case of any difference of opinion the opinion of the Judge shall prevail.

(2) The Judge shall cause the respective parties to appear before him and it shall be lawful for him to hear and determine the claim in a summary manner, and for that purpose to examine the parties or any of them and their witnesses. The determination by a Judge of a claim under this section shall be final and he shall allow such costs (including the certified expenses of the assessors, if any) as he may think fit.

PART VI

MISCELLANEOUS

29. Service of notices, etc., on Central Board or Local Authority and on other persons.
(1) Any notice, summons, writ or other proceeding at law or otherwise required to be served on the Central Board or Local Authority for any of the purposes of this Ordinance may be served upon them by delivering it to the prescribed officer, or by sending it by post in a registered letter addressed to the Chairman of the Central Board or Local Authority as the case may be.

(2) Subject to the provisions of subsection (1), any notice, order, or other documents required or authorised to be served under this Ordinance may be served -

(a) by delivering it to the person on whom it is to be served; or

(b) by leaving it at the usual or last known place of abode of that person; or

(c) by sending it in a prepaid letter addressed to that person at his usual or last known place of abode provided that such place of abode is within a postal delivery district; or

(d) in the case of an incorporated company or body, by delivering it to the secretary or clerk of the company or body at their registered or principal office or sending it in a prepaid letter addressed to the secretary or clerk of the company or body at that office; or

(e) if it is not practicable after reasonable inquiry to ascertain the name or address of any person on whom it should be served, by addressing it to him by the description of “owner” or “lessee” or “occupier” (or as the case may be). of the premises (naming them) to which it relates, and by delivering it to some person on the premises or, if there is no person on the premises to whom it can be delivered by affixing it, or a copy of it, to some conspicuous part of the premises.

30. Public enquiry.
Whenever power is conferred on the Yang di-Pertua Negeri by this Ordinance to approve any scheme, or other matter, or to take any other action, he may before exercising such power cause a public enquiry to be held into the matter.

31. Expenses and costs of Central Board or Local Authority.
All expenses and costs incurred by the Central Board or Local Authority in the discharge of their functions and all amounts due by them under this Ordinance, shall, unless otherwise provided for, be defrayed from the general revenues of the State of Sabah.

32. Protection of Central Board or Local Authority and other person acting under Ordinance.
No personal liability shall attach to any member of the Central Board or the Local Authority in respect of anything done or suffered in good faith under the provisions of this Ordinance, and any sums of money, damages or costs which may be recovered against members of the Central Board or Local Authority or any of them for anything done or suffered as aforesaid shall be paid out of the revenues of the State of Sabah.

33. Development rate.
A Local Authority may in such manner as may be prescribed assess and levy a development rate on the annual value of all houses, buildings, and lands in the area within its jurisdiction at such rate as the Central Board, with the approval of the Legislative Assembly*, may fix:

Provided that such rate shall not exceed five per centum of the annual value of the property rated.

34. Funds to be voted by Legislative Assembly.
(1) Notwithstanding anything contained in this Ordinance, the Central Board or a Local Authority shall not take any action in pursuance of the powers conferred upon them by this Ordinance which involves any expenditure chargeable to the general revenues of the State of Sabah, unless and until the necessary financial provision has been duly authorised by a resolution of the Legislative Assembly*,

(2) Where the Legislative Assembly* has passed such a resolution the funds thereby made available shall be expended in such manner as the Yang di-Pertua Negeri may after consultation with the Central Board direct.

35. Saving of plans prepared under repealed law.
Any draft plan which, at the commencement of this Ordinance is in the course of preparation under the Town Planning Ordinance, 1927, shall be deemed to be a draft scheme in course of preparation under this Ordinance and to be subject to the provisions of this Ordinance.

FIRST SCHEDULE
(Section 1(1))

The State of Sabah including territorial waters thereof.

SECOND SCHEDULE
(Section 5)

(Matters in relation to which regulations may be made)

1. The documents and matters (including maps and plans) which are to be made available by a Local Authority; the places in which and time at or within which such documents are to be deposited.

2. The inspection, by persons interested, of documents (including maps and plans) made available in pursuance of the regulations.

3. The times at or within which objections to or representations in respect of a draft scheme may be made to a Local Authority.

4. The notices to be given by a Local Authority and the time, place, nature and means by which such notices are to be given and published.

5. For enabling the Central Board or a Local Authority to obtain (without charge) information which they require for the purposes of or in connection with the preparation or making or carrying into effect of schemes by inspection of or obtaining copies from lists, books and other documents which are not in their custody.

6. For prescribing all matters which are to be or may be prescribed.

THIRD SCHEDULE
(Section 18)

(Matters to be dealt with by Schemes)

PART I

ROADS

1. Providing for the reservation of land for roads, the construction of new roads, improvement of existing roads, establishment of public rights of way.

2. Providing for the closing or diversion of existing roads and public and private rights of way and traces.

3. Restricting and controlling the construction of new roads and the alteration of existing roads.

4. Regulating the line, width, level, constructing and general dimensions and character of roads whether new or existing.

5. Enabling a Local Authority to require an owner of land as a condition of his developing such land in any manner -

(a) to reserve land for such roads as it may think necessary;

(b) to construct such roads as it may think necessary, or improve existing roads; or

(c) to contribute to the cost of the construction of new roads or the improvement of existing roads by a Local Authority.

6. Providing for and generally regulating the construction or execution whether by a Local Authority or by owners of works incidental to the making or improvement of any road including the erection of shelters, provision of seats, planting or protecting of grass, trees and shrubs on or adjoining such road.

PART II

BUILDINGS AND OTHER STRUCTURES

1. Regulating and controlling either generally or in particular areas, all or any of the following matters, that is to say -

(a) the size, height, spacing and building line of buildings;

(b) the objects which may be affixed to buildings;

(d) the purposes for and the manner in which buildings may be used or occupied;

(e) the prohibition of building operations on any land, or regulating such operations.

2. Regulating and controlling or enabling a Local Authority to regulate and control the design, colour and materials of buildings and fences.

3. Reserving or allocating any particular land or all land in any particular area for buildings of a specified class or classes, or prohibiting or restricting either permanently or temporarily, the making of any buildings or any particular class or classes of buildings on any specified land.

4. Limiting the number of buildings or the number of buildings of a specified class which may be constructed, erected or made on, in or under any area.

5. Providing for the removal, demolition or alteration of buildings or works which are inconsistent with, or obstruct the operation of a scheme.

6. Providing for sanitary conditions.

PART III

COMMUNITY PLANNING

1. Regulating and controlling the layout of housing areas including the density, spacing, grouping and orientation of houses in relation to roads, open spaces and other buildings.

2. Regulating and controlling the provision and siting of community facilities, including shops, schools, churches, meeting halls, play centres and recreation grounds, in relation to the number and siting of houses.

PART IV

AMENITIES

1. Providing for the zoning of land in town and country areas (whether public or private; whether built on or unbuilt on) reserving it for specific purposes. Such purposes shall include agriculture, forestry, industry, commerce, housing, and open space (including recreation, burial grounds and national parks).

2. Providing for the preservation of views and prospect and of the amenities of places and features of natural beauty or interest.

3. Providing for the preservation of buildings and objects of artistic, architectural, archaeological, or historical interest.

3A. Providing for off-street car parking spaces or payment in lieu.

4. Providing for the preservation or protection of forests, trees shrubs, plants and flowers.

5. Prohibiting, restricting or controlling, either generally of in particular places, the exhibition, whether on the ground, on any building, or any temporary erection, on any vehicle, boat or other movable object, whether on land, or on, or in water or in the air, of all or any particular forms of advertisement or other public notices.

6. Preventing, remedying or removing injury to amenities arising from the ruinous or neglected condition of any building or fence, or by the objectionable or neglected condition of any land attached to a building or fence or abutting on a road or situate in a residential area.

7. The prohibition, regulation and control of the deposit or disposal of waste material and refuse.

PARTV

PUBLIC SERVICES

Facilitating the construction of works in relation to lighting, water supply, sewerage, drainage, sewerage disposal and refuse disposal or other public services.

PART VI

TRANSPORT AND COMMUNICATIONS

1. Facilitating the establishment, extension or improvement of systems of transport whether by land, water or air.

2. Allocating sites for use in relation to transport and providing for the reservation of land for that purpose.

3. Providing for the establisment, extension and improvement of telegraphic or telephonic communication, allocating sites for use in relation to such communication, and providing for the reservation of land for that purpose.

PART VII

MISCELLANEOUS

1. Declaring the persons by whom and the manner in which the cost of the execution of works (whether of construction, demolition, removal or alteration) in pursuance of the scheme are to be borne.

2. Subject to any regulations made under the provisions of this Ordinance declaring the notices to be served for the purposes of the scheme by a Local Authority and the persons on whom, the manner in which, and the times at or within which such notices are to be served.

3. Subject to the provisions of this Ordinance and the said regulations declaring the manner in which and the times at or within which notice for the purposes of the scheme may be served on the Local Authority by other persons.

4. Providing for and regulating, the making of agreements for the purposes of the scheme by a Local Authority with owners and other persons and by such persons with one another.

5. Dealing with the use or disposal of land acquired under the provisions of this Ordinance.

6. Prohibiting the sub-division of land until a plan showing the subdivision and proposed access to the land has been approved.

7. Making any provisions necessary for -

(a) the pooling of lands of several owners (or any lands, roads or rights of way adjacent or near thereto);

(b) the re-distribution of such land among such owners;

(d) effecting such exchanges of land or cancellation of existing sub-divisions as may be necessary or convenient for the purposes aforesaid;

(e) apportionment of survey fees, cost of issuing or obtaining new titles and any other expenses in connection with the foregoing among the owners concerned.

8. Providing for and regulating the construction, alteration, removal and use of railways, pipe lines, telegraph, telephone lines, and electric current transmission lines, drainage or irrigation channels, aerial cable ways and their ancillary structures

9. Works ancillary to or consequent on a scheme.

10. Any other matter (not hereinbefore mentioned) necessary or incidental to a scheme, or its administration.

The mention of particular matters in this Schedule should not be held to prejudice or affect the generality of any other matter.

TOWN AND COUNTRY PLANNING
ORDINANCE 1950

(Section 5)

(G.N.S. 154 of 1950)

LIST OF AMENDMENTS

G.N.S. No.
Regulations amended
Effective date

of amendment

19/1951
2, 3, 4, 5, 6, 7
15-2-1951

[16th October, 1950.]

1. These Regulations may be cited as the Town and Country Planning Regulations, 1950.

2 When a Local Authority has prepared a draft scheme of any scheduled area, or part of such scheduled area, the documents which such Local Authority shall make available for inspection to the public shall be such draft scheme together with a title plan and a memorandum.

3 The draft scheme shall define clearly the area to which it relates and shall include -

(a) The general topography of the area;

(b) The division of the area into zones showing Oil Storage areas; Wharf areas; Residential areas; Industrial area, divided into ‘heavy’ and ‘light’; Commercial areas, divided into ‘first’ and ‘second’ class; Warehouse areas; Warehouse and Commercial areas; and areas for Offensive Trades.

(d) The sites for the main public buildings;

(e) The sites for institutional buildings;

(f) The sites for markets;

(g) The sites for petrol filling stations;

(h) Areas to be reserved for vehicle parking purposes;

(i) Projected harbour works;

(j) The alignment of all roads and footpaths, and the naming of all roads;

(k) The lines of any railways, water communications and artificial embankments or canals;

(l) The areas where special conditions regarding the type of materials to be used in the buildings will be imposed;

(m) In all areas, the minimum size of plots, below which there may be no sub-divisions; and

(n) All existing buildings within the area.

4. The title plan, which will be separate from the draft scheme, referred to in regulation 2 above, will show all existing leases in the areas covered by the draft scheme.

5. The memorandum to the draft scheme will be in the form of an explanatory note and will cover the following heads:-

(a) Definition of Terms - An explanatory note will be given defining the terms used on the draft scheme;

(b) Roads, giving a general description of the roads in the draft plan, including the width of the footpaths and giving a note on traffic circulation.

(c) Buildings. giving a general description of the heights and size of buildings to be allowed, the requirements for external decoration of buildings, and the materials which are required in any given area;

(d) Sanitation, giving a general description of the proposed method of night soil disposal and instructions regarding the erection of any special form of septic tank that may be required;

(e) Open Spaces - A note will be included covering the requirements for open spaces in built-up areas, and defining other open spaces for recreation purposes; and

(f) Building Lines - The memorandum will draw attention to the building lines required, and a special note will be made where there is to be any deviation from the minimum requirements of any Building Regulations of any Local Authority.

6. When a draft scheme has been prepared the Local Authority shall give at least two weeks notice by publication once in the Gazette and once in a newspaper circulating in the district to which the scheme refers of its intention to exhibit the draft scheme and such notice shall state that any members of the public may make objections to such plan in the manner set out in such notice and within a period of one month from the date of exhibition. At the expiration of such notice, the draft scheme, together with the title plan and the memorandum, shall then be exhibited at the District Office of the area to which the scheme refers and the date of exhibition shall be endorsed on the draft scheme by the District Officer. The scheme will be opened for inspection, free of charge, during normal office hours.

7. Where in accordance with the provisions of section 6(1)(a) of the Town and Country Planning Ordinance, 1950, a Local Authority has by resolution decided to prepare a draft scheme with respect to any land and thereafter it appears to that Local Authority that it cannot within a reasonable time prepare a draft scheme which will comply with all the provisions of the preceding Regulations for part of such land, such Local Authority may prepare a draft scheme with respect to such part to comply with the provisions of Regulation 3(a) and (b) zoning such part, and such draft scheme shall be exhibited in accordance with the provisions of Regulation 6.

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* Sections 2 to 34, 48 to 52 and 56 to 59 of Cap. 132 were repealed by Ordinance No.11 of 1961.

† Cap. 162 was repealed by Ordinance No.11 of 1961.

* The definition of “local authority” was substituted by section 109(1)(a) of the Local Government Ordinance, 1961 and subsequently repealed by the Interpretation and General Clauses Enactment, 1963 (No. 34 of 1963). See definition of “local authority” under section 3(1) of the Enactment.

* Cap. 63 in so far as it applied to State laws was repealed by Enactment No.34 of 1963.

* “Director of Lands and Surveys” substituted for “Cornmissioner of Lands” by G.N.S. 144 of 1954.

† Powers delegated to Minister for Local Government and Housing by G.N.S. 30 of 1965:

* Power deIegated to Minister for Local Government and Housing by G.N.S. 30 of 1965.

† See Town and Country Planning Regulations at page 43.

* “Clerk to the Cabinet” substituted for “Clerk of Council” by virtue of Article 48(1) of the State Constitution.

† “Director of Lands and Surveys” substituted for “Comrnissioner of Lands” and “Deputy Director of Lands and Surveys” substituted for “Surveyor-General” by G.N.S. 144 of 1954.

* See G.N.S. 104 of 1960.

* “State Cabinet” substituted for “Executive Council” by virtue of Article 48(1) of the State Constitution.

* See G.N.S. 87 of 1965.

* See foot-note at p.12.

* “Legislative Assembly” for “Legislative Council” - G.N.S. 87 of 1965.