CONTROL OF OBSTRUCTIONS IN VICINITY OF AERODROMES
7 Indication of presence of obstructions near aerodromes cite [+]
(1) If the Minister is satisfied, with respect to any building, structure or erection in the vicinity of an aerodrome, that, in order to secure that aircraft, including military aircraft, flying in the vicinity may be navigated with safety and efficiency, provision ought to be made, whether by lighting or otherwise, for giving to such aircraft warning of the presence of that structure, he may, by order under his hand, authorize the licensee or any person in charge of an aerodrome and any person acting under the instruction of the licensee or the person in charge-
(a) to execute, install, maintain, operate and, as occasion requires, repair and alter, such works and apparatus as may be necessary for enabling such warning to be given in the manner specified in the order; and
(b) so far as may be necessary for exercising any of the powers conferred by the order to enter upon and pass over, with or without vehicles, any such land as may be specified in the order:
Provided that no such order shall be made in relation to any structure if it appears to the Minister that there have been made, and are being carried out, satisfactory arrangements for the giving of such warning of the presence of the structure.
(2) The Minister shall, before making any such order, cause to be published, in such manner as he thinks best for informing persons concerned, notice of the proposal to make the order and of the place where copies of the draft order may be obtained free of charge, and take into consideration any representations with respect to the order which may, within such period not being less than two months after the publication of the notice as may be specified in it, be made to him by any person appearing to him to have an interest in any land which would be affected by the order; and, at the end of that period, the order may, subject to this section, be made with such modifications, if any, of the original draft as the Minister thinks proper.
(3) Every such order shall provide-
(a) that, except in a case of emergency, no works shall be executed on any land in pursuance of the order unless, at least fourteen days previously, the licensee or any person in charge of an aerodrome to which the order relates has served, in the manner specified in the order, on the occupier of that land and on every other person known by the licensee or the person in charge to have an interest in it, a written notice containing such particulars of the nature of the proposed works, and the manner in which, and the time at which, it is proposed to execute them, as may be specified by, or in accordance with, the order;
(b) that if, within fourteen days after service of such notice on any person having such an interest, the licensee or any person in charge of an aerodrome receives a written intimation of objection on the part of that person to the proposals contained in the notice, being an intimation which specifies the grounds of objection, then, unless and except in so far as the objection is withdrawn, no steps shall be taken in pursuance of the notice without the specific sanction of the Minister; and
(c) for requiring the licensee or any person in charge of an aerodrome to which the order relates to pay to any person having an interest in any land affected by the order such compensation for any damage or loss which that person may suffer in consequence of the order as may, in default of agreement, be determined from time to time by a single arbitrator appointed by the Chief Judge of the appropriate High Court.
(4) For the purpose of this subsection, any expense reasonably incurred in connection with the lawful removal of any apparatus installed in pursuance of such an order, and so much of any expense incurred in connection with the repair, alteration, demolition or removal of any structure to which such an order relates as is attributable to the operation of the order, shall be deemed to be damage or loss suffered in consequence of the order.
(5) The ownership of anything shall not be taken to be affected by reason only that it is placed in, or affixed to, any land in pursuance of such an order as aforesaid; and, subject to subsection (7), so long as any such order in respect of an aerodrome is in force, no person shall, except with the consent of the licensee or any person in charge of an aerodrome, willfully interfere with any works or things which, to the knowledge of that person, are works or things executed or placed in, on or over any land in pursuance of the order.
(6) If any person contravenes subsection (5), he shall be guilty of an offence and on conviction shall be liable to imprisonment for a term not exceeding three years or to a fine not exceeding fifty thousand ringgit, or to both.
(7) Nothing in this section shall operate, in relation to any structure, so as to restrict the doing of any work for the purpose of repairing, altering, demolishing or removing the structure if-
(a) notice of the doing of that work is given as soon as may be to the licensee or any person in charge of an aerodrome; and
(b) the giving of warning of the presence of the structure in the manner provided by any order under this section in force in relation thereto is not interrupted.
8 Power to declare a controlled area cite [+]
Whenever it appears to the Minister that it is, or is likely to become, necessary for the safety of air navigation in the vicinity of an aerodrome or for securing the efficient operation of any aid to air navigation, whether situated at or in the vicinity of an aerodrome or elsewhere that any area should be cleared or kept clear of obstructions, he may, in conjunction with the Ruler or Yang di-Pertua Negeri of the State concerned, by order, declare that area to be a controlled area for the purposes of this Part and shall define the boundaries of that area.
9 Power to prohibit or regulate erection of structures and planting trees in controlled area cite [+]
The Minister may, in conjunction with the Ruler or the Yang di-Pertua Negeri of the State concerned, at any time, by order, prohibit, absolutely or conditionally, or regulate the erection of any structure above a height specified in such order, or the planting of any tree or other high growing vegetation within a controlled area or any part of such area.
10 Notice to remove or alter structures, trees and other vegetation in controlled area cite [+]
(1) The Minister, or any officer authorized by the Minister in that behalf, may, by notice in writing, require the owner or occupier of any land subject to any order under section 9, within such time, not being less than one month from the date of the service of such notice upon the person concerned, as may be fixed by the notice-
(a) to remove or reduce in height any structure on such land which is above the height specified in such order, whether such structure was erected before or after the making of such order, or any tree or other high growing vegetation, either planted in contravention of such order or likely, in the opinion of the Minister, to cause an obstruction to aircraft or to hinder the operation of any aid to air navigation; and
(b) to take such steps in regard to, or to effect such alterations to, any structure, tree or other vegetation on any land within a controlled area, or any part of such area, as may be necessary to comply with any conditions imposed by any order under section 9 applicable to such structure, trees or vegetation or, in the case of any structure erected or tree or vegetation existing before the making of such order, which would have been applicable to such structure, tree or other vegetation if it had been erected or planted after the making of such order.
(2) If default shall be made in complying with such notice within the time fixed by such notice, any officer authorized by the Minister, either generally or specially in that behalf, may enter upon such land and cause such action to be taken as is required by such notice, and may recover the cost of, and all expenses incurred in doing, any necessary work from the person in default.
11 Power of entry on land cite [+]
Any officer authorized in that behalf by the Minister, and any person employed in that behalf under the supervision of any such officer, may, from time to time, enter upon, survey and take levels of any controlled area and may do all other acts necessary for such survey and for the purpose of marking out the boundaries of such area or any part of it:
Provided that no such officer or person shall enter into any building or enclosed garden or compound attached to any building without the consent of the occupier unless he shall have previously given such occupier at least three clear days' notice in writing of his intention to do so.
12 Damage caused by reduction or removal of structure or valuable tree or plant cite [+]
When any structure or valuable tree or plant is reduced in height or removed, or any expense is reasonably incurred in compliance with any order or the conditions of any order under section 9, the owner or occupier of the land shall, unless such structure was erected or such tree or plant was planted in contravention of any order under section 9 or of the conditions imposed by it, be entitled to compensation to the extent to which he has suffered damage or loss by reason of such reduction or removal or has incurred such expense.
13 Damage caused by entry on land under section 11 cite [+]
Where any damage is done to property in the exercise or purported exercise of any power conferred by section 11, the owner or occupier shall be entitled to compensation to the extent to which he has suffered damage by it.
14 Compensation for loss of value of land cite [+]
Where any land in a controlled area is affected by any order under section 9 prohibiting or regulating the erection of any structure or the planting of any tree or vegetation, the owner or occupier of it shall be entitled to compensation to the extent, if any, that the value of his land, or his interest in such land, is shown to have been, by reason of such order, depreciated in relation to the current ordinary market value of neighbouring land not included in that order.
15 Procedure of settling claims for compensation under sections 12, 13 and 14 cite [+]
Where any person is entitled to any compensation by virtue of section 12, 13 or 14, the amount of such compensation shall be determined by agreement or, in default of agreement, by a single arbitrator appointed by the Chief Judge of the appropriate High Court.
16 Certain offences and penalty cite [+]
(1) Any person who does any act in contravention of, or fails without reasonable excuse to comply with the terms of, any order or notice made or issued under section 9 or 10 shall be guilty of an offence and on conviction shall be liable to imprisonment for a term not exceeding three years or to a fine not exceeding fifty thousand ringgit, or to both.
(2) Any person who wilfully obstructs any person in the exercise of any of the powers conferred by this Part or by any subsidiary legislation made under this Part shall be guilty of an offence and shall on conviction be liable-
(a) where such person is an individual, to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding three years or to both; or
(b) where such person is a body corporate, to a fine not exceeding one hundred thousand ringgit.
