National Physical Planning Council
(1) There shall be established a National Physical Planning Council consisting of—
(a) a Chairman, being the Prime Minister;
(b) a Deputy Chairman, being the Deputy Prime Minister;
(c) the Minister;
(d) the Minister responsible for housing and local government, if he is not also the Minister responsible for town and country planning;
(e) the Minister of Finance;
(f) the Minister responsible for land;
(g) the Menteri Besar or Chief Minister of every State;
(h) the Minister responsible for the Federal Territory; and
(i) not more than seven other members to be appointed by the Chairman.
(2) The functions of the National Physical Planning Council shall be—
(a) to promote in the country, within the framework of the national policy, town and country planning as an effective and efficient instrument for the improvement of the physical environment and towards the achievement of sustainable development in the country;
(b) to advise the Federal Government or the Government of any State, on matters relating to the town and country planning required under this Act; and
(c) to perform any other functions conferred upon the Council under this Act.
(3) The Council may from time to time give the Director General of Town and Country Planning directions which are consistent with the provisions of this Act, and the Director General of Town and Country Planning shall give effect to such directions.
(4) The Council may perform any other functions that are incidental or consequential to any of the functions specified in subsection (2) and do all such things as may be necessary or expedient for carrying out its functions under this Act.
(5) The Council shall meet once during every four months in a year and shall, in addition, meet as and when a meeting is convened by the Chairman.
(6) The Council shall determine its own procedure.
Director General of Town and Country Planning
(1) There shall be a Director General of Town and Country Planning whose functions shall be—
(a) to conduct, promote and co-ordinate research in relation to any aspect of town and country planning;
(b) to publish reports, bulletins, statistics, monographs and other publications relating to town and country planning and its methodology;
(c) to provide information and education to the public regarding town and country planning;
(d) to report to and advise the Council upon matters concerning the use of town and country planning in the conservation, use and development of lands in the country and upon any amendments he thinks desirable to any law affecting town and country planning and upon any matters referred to him by the Council;
(e) to establish and maintain liaison and co-operation with each of the State Authorities with respect to town and country planning.
(2) The Director General of Town and Country Planning shall be the Secretary of the Council.
General planning policy
Subject to Clauses (5) and (6) of Article 91 of the Constitution, the State Authority shall be responsible for the general policy in respect of the planning of the development and use of all lands and buildings within the area of every local authority in the State; and the State Authority may, in or for the purpose of discharging the responsibility of the State Authority under this section, from time to time give to the Committee or any local planning authority directions of a general character not inconsistent with the provision of this Act, and the Committee or local planning authority shall give effect to such directions.
The State Planning Committee and its functions
(1) There shall be established for the State a State Planning Committee consisting of—
(a) a Chairman, being the Menteri Besar or Chief Minister of the State;
(b) a Deputy Chairman, being a member of the State Executive Council, to be appointed by the State Authority;
(ba) not more than three members to be appointed by the State Authority from amongst the members of the State Executive Council, at least one of whom shall be the member responsible for and whose portfolio is related to town and country planning in the State;
(c) the State Secretary;
(d) the State Director, who shall be the Secretary of the Committee;
(e) the State Director of Lands and Mines;
(f) the Director of the State Economic Planning Unit or an officer responsible for such affairs in the State;
(g) the State Director of Public Works;
(h) the State Legal Adviser;
(ha) the State Financial Officer;
(hb) the State Development Officer or an officer responsible for such affairs in the State;
(hc) the State Director of Environment or an officer responsible for such affairs in the State; and
(i) not more than four other members to be appointed by the State Authority.
(2) A member of the Committee appointed under paragraph (1)(b) or (i) shall, unless he sooner resigns his office or his appointment is sooner revoked, hold office for such period as may be specified in his instrument of appointment but shall be eligible for reappointment.
(3) A member of the Committee who is not a member of the public service may be paid such allowances as the State Authority may approve.
(4) The functions of the Committee shall be—
(a) to promote in the State, within the framework of the national policy, the conservation, use and development of all lands in the State;
(aa) to regulate, control, plan and co-ordinate all development activities in the State;
(b) to advise the State Government, either on its own initiative or in response to a request by the State Government, on matters relating to the conservation, use and development of land in the State; and
(c) to undertake, assist in and encourage the collection, maintenance and publication of statistics, bulletins and
monographs and other publications relating to town and country planning and its methodology.
(5) The Committee may from time to time give to any local planning authority directions not inconsistent with the provisions of this Act and the local planning authority shall give effect to such directions.
(6) The Committee may perform any other functions that are supplemental, incidental, or consequential to any of the functions specified in subsection (4) and do all such things as may be necessary or expedient for carrying out its functions under this Act.
(7) The Committee may cause a local inquiry or hearing to be held in or for the purpose of exercising any of its functions under this Act.
(8) The State Director of Town and Country Planning shall be the principal adviser to the Committee on matters relating to town and country planning and, as Secretary of the Committee, shall be responsible for carrying out the decisions and implementing the policies of the Committee; and in or for the purpose of discharging his functions under this subsection, he may draw upon the financial, manpower and other resources of his department.
Local planning authorities
(1) Every local authority shall be the local planning authority for the area of the local authority.
2) For any area in the State that does not form part of the area of any local authority, the State Director shall be the local planning authority, and references to the “local planning authority” in this Act shall be deemed to include the State Director whenever he performs the functions of the local planning authority in relation to that area.
(3) (Deleted by Act A1129).
(4) A local planning authority shall furnish the Committee with such returns and information relating to its activities as the Committee may from time to time require.
*NOTE—The amendment of this section vide Act A1129 shall not affect any pending application for planning permission in respect of a development or any appeal against the refusal of the local planning authority to grant planning permission or against any condition imposed under subsection 22(3) of this Act—see section 38 of Act A1129.
Functions of local planning authorities
(1) The functions of a local planning authority shall be—
(a) to regulate, control and plan the development and use of all lands and buildings within its area;
(b) to undertake, assist in, and encourage the collection, maintenance, and publication of statistics, bulletins, and monographs, and other publications relating to town and country planning and its methodology; and
(c) to perform such other functions as the State Authority or the Committee may from time to time assign to it.
(2) A local planning authority may perform any other functions that are supplemental, incidental, or consequential to any of the functions specified in subsection (1) and do all such things as may be necessary or expedient for carrying out its functions under this Act.
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).
