s 3 Acquisition of land
(1) The State Authority may acquire any land which is needed— (a) for any public purpose; (b) by any person or corporation for any purpose which in the opinion of the State Authority is beneficial to the economic development of Malaysia or any part thereof or to the public generally or any class of the public; or (c) for the purpose of mining or for residential, agricultural, commercial, industrial or recreational purposes or any combination of such purposes. (2) An application for the acquisition of any land under paragraph (1)(b) or (c) shall be made in writing to the Land Administrator in the form as prescribed in the Rules made under this Act. (3) Any application made under paragraph (1)(b) or (c) shall be accompanied by— (a) the project proposal; (b) the layout and land acquisition plan; (c) the preliminary Government valuation report of the land to be acquired; and (d) such fee and deposit as may be prescribed in the Rules made under this Act: Provided that the Sate Authority may grant partial or total exemption from the payment of any fee to any Federal or State corporation expressly empowered to hold land under any written law and where the acquisition is for the purpose of public utility. (4) Subject to subsection (6), the Land Administrator shall transmit the application and the accompanying documents to the State Economic Planning Unit or, in the case of an application made in the Federal Territory of Kuala Lumpur, to the Committee if he is satisfied that they are in order. (5) The Land Administrator may reject any application which does not comply with the requirements in subsection (3). (6) Where in respect of any land applied for under subsection (2) there is a development approval granted to the registered proprietor and the acquisition is not for the purpose of public utility, the State Authority shall not consider the application, and in every such case the Land Administrator shall reject the application. Matters to be considered by the State Economic Planning Unit, or Committee, etc. 3A . (1) The State Economic Planning Unit, or the Committee for the Federal Territory of Kuala Lumpur, as the case may be, shall consider the application referred to in subsection 3(4) on the following aspects: (a) public interest; (b) the capacity and capability of the applicant to carry out the purpose for which the land is to be acquired; (c) the feasibility of the project; and (d) the development approval granted to the registered proprietor. (2) Where there is a development approval granted in respect of any land and the acquisition is for the purpose of public utility, the State Economic Planning Unit, or the Committee for the Federal Territory of Kuala Lumpur, as the case may be, shall determine whether it is appropriate in the circumstances for the registered proprietor to participate in the project for which the land is intended to be acquired. (3) Where the State Economic Planning Unit, or the Committee for the Federal Territory of Kuala Lumpur, as the case may be, is satisfied that it is appropriate for the registered proprietor to participate in the project referred to in subsection 3(3), it shall give directions to the applicant to negotiate with the registered proprietor within such specified period and on such terms and conditions as it deems fit on the form of co-operation and commercial arrangement regarding the project including, but not limited to, equity participation. (4) The applicant to whom directions are given under subsection (3) shall furnish to the State Economic Planning Unit, or the Committee for the Federal Territory of Kuala Lumpur, as the case may be, a report in such detail of the result of the negotiations as shall be sufficient to determine the nature and extent of the registered proprietor’s participation in the project. (5) Where the negotiations made pursuant to subsection (3) are successful then the application for acquisition shall not be proceeded with any further. (6) Where the State Economic Planning Unit, or the Committee for the Federal Territory of Kuala Lumpur, as the case may be, is satisfied that the negotiations made pursuant to subsection (3) are unsuccessful or no conclusive decision has been achieved within the specified period, the State Economic Planning Unit or the Committee for the Federal Territory of Kuala Lumpur may proceed to consider the application and make any recommendation as it deems fit: Provided that the recommendation shall not extend to compelling the registered proprietor to accept any participation in the project. (7) The State Economic Planning Unit, or the Committee for the Federal Territory of Kuala Lumpur, as the case may be, shall, after it has considered each application under this section, transmit the application with the accompanying documents referred to in subsection 3(3) and a report of the negotiations referred to in subsection (4), if any, together with its recommendation, to— (a) the Committee, in the case of a State; or (b) the State Authority, in the case of the Federal Territory of Kuala Lumpur: Provided that where the Committee for the Federal Territory of Kuala Lumpur makes a recommendation to the State Authority such recommendation, where applicable, may include the imposition of any condition and restriction in interest on the land as provided in the State land law. Application of section 3A where there is no development approval 3B . In respect of an application under subsection 3(2), where there is no development approval for the land, section 3A shall not apply except the provisions contained in paragraphs (1)(a), (b), (c) and subsection (7): Provided that where the State Economic Planning Unit, or the Committee for the Federal Territory of Kuala Lumpur, as the case may be, finds it appropriate or necessary in the interest of the registered proprietor that the registered proprietor participates in the project, then, in such case, the State Economic Planning Unit, or the Committee for the Federal Territory of Kuala Lumpur, may give directions to the applicant to negotiate with the registered proprietor and the provisions of subsections 3A(3), (4), (5), (6) and (7) shall apply with the necessary modifications. The Committee 3C . (1) For the purposes of this Act, there shall be established a Committee to be known as the “Jawatankuasa Khas Pengambilan Tanah”. (2) The Committee shall— (a) in the case of a State, consist of the following members: (i) the State Secretary, as Chairman; (ii) the State Director of Lands and Mines, as Secretary; (iii) the Director of the State Economic Planning Unit or his representative; (iv) the State Director of Town and Country Planning or his representative; and (v) representatives of other related Government departments or agencies as may be determined by the Chairman; and (b) in the case of the Federal Territory of Kuala Lumpur, consist of the following members: (i) the Director General of the Economic Planning Unit or his representative, as Chairman; (ii) the Under Secretary of the Federal Territory Development and Klang Valley Planning Division, Prime Minister’s Department; (iii) a representative of the Economic Planning Unit, as Secretary; (iv) the Land Administrator of the Federal Territory; (v) the Director General of Lands and Mines or his representative; (vi) the Commissioner of the City of Kuala Lumpur or his representative; and (vii) representatives of other related Government departments or agencies as may be determined by the Chairman.