Authority for geological survey
Whenever it appears to the Minister that a geological survey should be made of any area he may, with the concurrence of the State Authority, by notification in the Gazette, designate the area to be surveyed (hereinafter referred to as “the designated area”) by the Director General.
Power to enter land and notice to enter land
(1) Subject to this section a Geological Survey Officer or an authorized person shall have power to enter any land within the designated area for the purpose of geological survey. (2) A Geological Survey Officer or an authorized person shall cause a notice to be served on any person who is the proprietor or occupier of any land, or lessee in the case of mining land, within the designated area notifying that person of his intention to enter upon the land for purpose of geological survey. The notice shall be served not less than 14 days prior to the date of the intended entry. (3) Where entry to or egress from the designated area cannot be effected without passing through an alienated land, mining land or land occupied under temporary occupation licence, the Geological Survey Officer or the authorized person shall serve a notice on the proprietor, lessee or occupier thereof notifying his intention to enter and re-enter such land for purpose of access to the designated area. The notice shall be served not less than 14 days prior to the date of the intended use of the land as an access. (4) Any notice to be served under this section may be served on a person or body of persons in the following manner, that is to say— (a) by delivering the notice to the person; (b) by delivering the notice— (i) at the person’s usual or last known place of abode or business to his servant or to an adult member of his family; or (ii) at the body’s registered office or usual or last known place of business to its servant or agent; (c) by sending the notice by prepaid registered post to the person or body— (i) at the person’s usual or last known abode or place of business; or (ii) at the body’s registered office or usual or last known place of business; or (d) where the Director General is satisfied that a notice under this section cannot be served personally or by post (either because the person to be served is evading service or for some other reason)— (i) by affixing a copy of the notice in a conspicuous position on the land and on a courthouse, mosque or penghulu’s office or in a market or other public place in the area in which the land is situated; (ii) by publishing a copy of the notice in the Gazette and if he thinks fit, in one or more of the newspapers circulating in the State where the land is situated. (5) Any person who upon being served with the notice under subsections (2) and (3) shall allow any Geological Survey Officer or authorized person to enter the land or any part thereof.
Power of a Geological Survey Officer
(1) Upon service of the notice under section 7 and subject to subsection (2) the Geological Survey Officer or any authorized person may, for purpose of making such investigations as the Director General considers desirable in relation to any geological survey— (a) enter upon any land within the designated area; (b) cut, remove or otherwise clear such uncultivated vegetation as may be necessary for the proper conduct of such survey; (c) erect or emplace such pegs and marks as may be necessary for the proper conduct of such survey; (d) conduct a superficial geological survey; (e) conduct an artificial geophysical survey; (f) bore, drill, fracture, dig or pit over the land; (g) obtain and remove any specimen or sample from the land in furtherance of such survey and remove and dispose of as he deems fit such superficial or cognate material as may be necessary to obtain the specimen or sample. (2) Any Geological Survey Officer or authorized person entering upon any land for the purpose of a geological survey shall, on demand by the occupier of the land, produce to the occupier his letter of authority in the form prescribed. (3) In this section— “artificial geophysical survey” means any investigation of the surface, subsurface, or content of the earth by measuring the deviations of artificially induced physical forces; “geochemical survey” means any systematic investigation of the surface, subsurface, or content of the earth by means of chemical analysis of specimens or samples taken from the earth, terrestrial water or vegetation; “natural geophysical survey” means any investigation of the surface or subsurface or content of the earth by measurement of its innate physical properties; “superficial geological survey” means any systematic investigation of the surface, subsurface, or content of the earth by means of natural geophysical survey, geochemical survey or physical examination; “systematic investigation” means any investigation including a preliminary examination.
Claim for compensation for damage
(1) Where damage was done to any property during the course of a geological survey, the owner of the property may within six months after the completion of the geological survey on the land where the property was damaged, submit a claim to the Director General, who may— (a) reject the claim; or (b) cause the damage to be assessed and pay or tender to the claimant the assessed cost of damage. (2) If the claimant is dissatisfied with the rejection of the claim or the assessment he may within one month after the service by post of the letter conveying the rejection or after the payment or tender of the assessed cost of damage under subsection (1), appeal to the Collector of the district in which the land is situated. (3) The Collector shall as soon as practicable hear the claim and may dismiss the claim or make an award as he may think just. (4) The Collector shall have all the powers of a Court for the summoning and examination of witnesses, the administration of oaths or affirmations, and for compelling the production and delivery to him of documents, including issue documents of title and other documents evidencing title. (5) Any party who is dissatisfied with the decision of the Collector may within one month after the decision being made appeal to an Appeal Board consisting of the following persons: (a) a Chairman who shall be the Director General of Lands and Mines (Federal) to hear appeals in cases arising in Peninsular Malaysia or the Director of Lands and Surveys of the State of Sabah or Sarawak to hear appeals in cases arising in the respective State; and (b) two other persons to be selected by the Chairman from a panel of persons to be appointed by the Minister by notification in the Gazette. (6) The decision of the Appeal Board referred to in subsection (5) shall be final.
Provisions on this page are reproduced verbatim from official open data. See the attribution line.
Text as at 1 January 2006 (LOM reprint); amendments made after that date may not be incorporated. Read the official text ↗
Source: Laws of Malaysia, Attorney General's Chambers of Malaysia (lom.agc.gov.my). Not a copy of the Gazette printed by the Government Printer (Interpretation Acts 1948 and 1967, s 61).