Local Government Act 1976 [Act 171]

Part VII   cite [+]

PUBLIC PLACES

63 Control of public place, etc.   cite [+]

A local authority shall have the general control and care of all places within the local authority area which have been or shall be at any time set apart and vested in the local authority for the use of the public or to which the public shall at any time have or have acquired a common right.

64 Power to make new public places, etc., and enlarge them   cite [+]

A local authority may-

(a) make, construct, lay out or set apart new public places; and

(b) widen, open, enlarge or otherwise improve any such public place making due compensation in accordance with the provisions of any written law to the owners and occupiers of any land, houses or buildings which are required for any such purpose or which are injuriously affected thereby.

65 Power temporarily to close public places   cite [+]

A local authority may temporarily close any public place vested in it or under its control.

66 Power to erect public buildings in open public places   cite [+]

A local authority may erect and maintain in any open public place buildings for public purposes and may set apart any such public place or any portion thereof for any purposes which the local authority may from time to time think fit.

67 Conditions and restrictions in regard to closure of street, etc.   cite [+]

(1) A local authority may permanently close or divert any public street or permanently close any public place or alter the boundaries thereof:

Provided that-

(a) before the local authority sanctions any permanent closure, diversion or alteration of boundaries, not less than fourteen days' notice shall be given of the intention to move a resolution in that behalf;

(b) before any such closure, diversion or alteration is carried out, the local authority shall prepare a plan of the proposed work and a statement showing the need therefor and shall not less than one month before the commencement of the proposed work give notice thereof in the Gazette and in such other manner as the local authority may by resolution direct and such notice shall state where the said plan may be inspected by the public at reasonable hours and a copy thereof shall be posted in some part of the said street or public place;

(c) it shall be competent for any owner or occupier of any land injuriously affected by such closure, diversion or alteration to make a claim in writing to the local authority within a period of one month from the date of the publication of the notice in the Gazette for compensation in consequence of such closure, diversion or alteration, and where such claim is proved to the satisfaction of the local authority, it shall pay compensation to any such owner or occupier and in assessing the amount of compensation payable, the benefit or advantage derived or likely to be derived from such closure, diversion or alteration by such person shall be taken into account;

(d) where any person aggrieved by any proposed closure, diversion or alteration objects thereto in writing within a period of one month from the date of the publication of the notice in the Gazette regarding such proposed closure, diversion or alteration, then, unless such objection is withdrawn, such closure, diversion or alteration shall not be carried out without the sanction of the State Authority; and

(e) after the service of any such objection, the State Authority may, on the application of the local authority, appoint one or more persons to make an enquiry into the proposed closure, diversion or alteration and the objection thereto and to report thereon and on receiving the report of such person or persons, the State Authority may make an order disallowing the proposed closure, diversion or alteration, or allowing it with such modifications, if any, as it may deem necessary.


(2) A local authority may, with the consent of the State Authority, permanently close or divert any street not being a public street within the local authority area but in every such case the closure or diversion shall be subject to the provisions of subsection (1).

68 Naming of public places, etc.   cite [+]

A local authority may, with the approval of the State Authority, determine the name by which any public place or housing estate or housing scheme shall be known and may from time to time alter the name of any public place or housing estate or housing scheme or of any part thereof whether or not such name was applied to such place, estate or scheme before the commencement of this Act.


Important Notice: Legislation from this website is not a copy of the Gazette printed by the Government Printer, Percetakan Nasional Malaysia Berhad, for the purposes of section 61 of the Interpretation Acts 1948 and 1967 [Act 388] and does not constitute prima facie evidence of the contents of the Gazette by virtue of the section.

SEARCH LEGISLATION
Title:


Number: