Temporary occupation or use of land
Whenever it appears to the State Authority that the temporary occupation and use of any land is needed—
(a) for any purpose specified in section 3; or
(b) in order to carry out public works on any land, the State Authority may direct the Land Administrator to procure the occupation or use of any such land for such term as he shall think fit, not exceeding three years from the date of commencement of such occupation or use, in the manner prescribed by this Part.
Offer of compensation
(1) On receiving any direction under section 57 the Land Administrator shall give notice in writing in Form Q to the persons interested in such land of the purpose for which the land is needed, and shall make such offer of compensation, or shall negotiate the payment of such compensation, as shall be reasonable in all the circumstances of the case.
(2) Compensation under subsection (1) may be in the form of a single sum of money, in the form of periodical payments of money, or in such other form as may be agreed.
(3) In making any assessment of compensation under this section the Land Administrator shall, where the land is required in order to carry out public works, take into account any increase in the value of the land to be occupied or used, or any advantages which will accrue to any person interested therein, by reason of the purpose for which such public works are being carried out.
Restoration of land, etc.
On the expiration of the term of occupation or use referred to in section 57 the land shall be restored to the condition it was in before such occupation or use and, failing such restoration, compensation in addition to that referred to in section 58 shall be paid for any damage done to the land, or for the extend by which the value of the land has been reduced by reason of such occupation or use.
Reference where compensation cannot be agreed
Where the Land Administrator is unable to agree with the persons interested on the amount of compensation to be paid under section 58 or 59, or on the apportionment thereof, or as to the condition of the land at the expiration of the term for which it is occupied or used, the Land Administrator shall refer such difference to the Court for its decision.
Where land is needed for access
Where the State Authority is satisfied that any land referred to in section 57 is needed solely as a means of access to any other land, then—
(a) the right of access so acquired shall extend to the passage of vehicles of all kinds including heavy machinery, whether owned or operated by the authority responsible for the public works or by any contractor or servant employed by such authority; and
(b) the compensation to be paid under section 58 shall be limited to the damage done on such land to trees, plants, growing crops and permanent improvements thereon.
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).
