LAW & SESSION JUNE 2018/DPW5B

DCP 6203
PLANNING LAW &
PLANNING
PRACTICE PRACTICE
Lecterer’s Name:
MADAM SITI NOOR ZILAWATI BT. MINGAT @ MINHAT
Students Name:
• CHONG POUL LIANG (03DPW16F1011)
• FATEN NAJIHA BT. AHMAD NASIR (03DPW16F1039)
• NUR HAFIZAH BT. MOHD SAARI (03DPW16F1057)
 5.2.1
Identify
The Environment Legislation:
Environmental Impact Assessment
(EIA)
&
Issues.
 Environmental Laws

These following laws are

comprehensive & general in Environment :
• Environmental Quality Act 1974 (Act 127).
• National Forestry Act 1984 (Act 313).
• The Slaughter House (Privatization) Act 1993
(Act 507).
• Merchant Shipping (Oil Pollution) Act 1994.
• National Parks Act 1980.
• Countervailing & Anti-Dumpling Duties Act
1993.
Environmental Quality Act 1974 (Act 127)

What is “Environment” ?
• Section 2 (1) of the Act defines 'environment' as
physical factors for the area around humans
including land, water, air, climate, sound, odor,
taste, biological factors for animals and plants, and
social aesthetic factors.

What is Environmental Quality Act 1974 (Act 127)?

• This Act makes provisions relating to the prevention,

elimination and control of pollution, and to consider
the quality of the environment.
This Act Contains Restrictions on Air Pollution. (Section 22)
Specific
Provisions
Affecting : Restrictions on Noise Pollution. (Section 23)

Restrictions on Soil Pollution. (Section 24)

Restrictions on Contamination of Terrestial Waters. (Section 25)

Pollution resulting from the release of oil into the sea. (Section 27)

Pollution to the release of waste to sea. (Section 29)

This Act outlines the following jurisdiction:

Establishing pre-occupied premises or use

Determine the level of disposal, waste or

any pollution or noise substances that can
be performed within any area

Issuance of a license for carrying out

certain activities or permitting breach of
prescribed standards

To fix fees to be paid

Establishing activities that can affect the

environment
a person who contravenes the provisions of
this Act shall be guilty of an offense and if the
cage is subject
• to a maximum penalty of between
RM50000 to RM500000 or
• imprisonment of up to five years or both
• an additional fine up to RM1000 per day
the offense continues
• For offenses under by-law under this Act, it
may be compounded up to RM 2000.

Under section 2 (1) the environmental audit

act means the periodic, systematic,
documented and objective assessment of
objectives to determine:
• Status of compliance with the requirements
of environmental control
• Environmental management system
• Overall environmental risk for the premises
Environmental Under the 1987 order there are a total of 19 types of activities that are
Impact required to be carried out impact assessment on the environment as
follows:
Assessment
Agriculture Airport
(EIA) Drainage and
Irrigation
Fisheries Land reclamation

Housing area Forestry lndustrial Infrastructure

Port Mining Petroleum

Power Generation
and Transmission
Quarry Railway Transportation

Recreational and Acquisition and

Water supply
Resort Development disposal of waste
Environmental Impact Assessment (EIA)

Aim :
to identify, predict, evaluate and provide
information on the environmental impacts of a
proposed project and put forward mitigation
measures before the project is approved and
implemented

Advantages :
• a planning tool to avoid environmental
problems as a result of a development
activity
• help avoid high spending on project
implementation
• integrated into existing development
planning and implementation systems,
environmental impact assessments provide
information to better decision-making
lssue In Environmental Protection

01 Environmental integration in development planning

Most environmental problems arise from the irregular design of landlines by placing
sustainable ineffective zones. The irregularities in land use will generate high costs in
pollution control and mitigation measures. Thus the cooperation of all agencies
involved in the development planning sector and introducing guidelines is needed to
address this issue.
lssue In Environmental Protection

02 Environmental Management Standards

the latest tools in improving the quality of the environment for an activity and
maintaining it. Malaysia has already introduced the standard through ISO 14000 for the
field of systems and environmental management tools.

03 Privatization
the increasing implementation of privatization programs in the country shows us how
important the understanding and appreciation of the environment is for this sector

04 Economic and market incentives

needs to be realized that long-term benefits are dependent on the environment and
quality of the environment and preventive measures are more effective than remedial
work
 5.2.2
Town Planner Act 1995
(Act 538)
in the aspect of the board of
town planners & registration
of town planners.
 Town
Publish Date
Planner • 1st January 1996
Act 1995
(Act 538)

What is Town Planner Act 1995 (Act 538)?

• To make provisions for urban planning & related registration

The purpose of Town Planner Act 1995 (Act 538)

• To make provisions for urban planning and related registration
Provision Details

8 Category : 52 Section & a table.

• Category I – Beginning
• Category II - Board of Town Planner Malaysia
• Category III – Registration of Town Planning
• Category IV – Town planning practice by
body corporate
• Category V - Reproof, Suspension,
Cancellation, Removal & Reinstatement
• Category VI – Appeal
• Category VII – Mistake
• Category VIII - General
 established under Section 3 of the Town Planners Act
1995 (Act 538) and has been enforced since 1
January 1996.
BOARD OF TOWN

responsible to coordinate the town planning profession for

PLANNERS
MALAYSIA

it to become one of the professional practices in Malaysia

TPM

All the members of the Board are appointed by the Minsiter of

Urban Wellbeing, Housing and Local Government of Malaysia
for the duration not exceeding 3 years and must abide to the
details mentioned in Section 4 of the Act
 Function of BTPM

• to keep and • to approve or • to prescribe the • to determine

maintain the refuse
scale of fees to be ethics of the
charged by profession
Register applications registered Town
for registration Planners for
under this Act professional
advice given and
service rendered
by it
 Function of BTPM

• to regulate • to hear and • to represent • to examine,

conduct of the determine itself the profession report and make
recommendation
profession or appoint a in any matter s upon current
committee or in which it may legislation and
an arbitrator to be necessary any other matter
hear and or expedient affecting the
determine profession
disputes
Registration of Town Planning
Main Cosultant - Firm
• Register with Ministry of Finance (MOF)
• Register with Malaysian Institute Planners &
BTPM
• become the main consultant with more
experience as a sub-assistant in sector and
category B research

Sub - Main Consultant

• Register with Malaysian Institute Planners &
BTPM
• registered with other professional bodies or
institutes
• can not exceed 20 people and need to
exceed 30 man months.
Categories of Consultant Planners

Category A :
• Firms have 4 town planners registered with
BTPM & MIP
• Experienced as a main consultant of the
sector atleast 2 development studies

Category B :
• Experienced as a main consultant of the
development studies
• excellent performance in the study

Category C :
• Experienced as a main consultant of the
development studies
 Fee

professional fee of 1 million approved by MOF

professional fee below 1 million approved

 Registration

Planning Firm

• Submit the proposed name for

approval by mip
• Two forms of practice: a stump
ownership & partnership
• A stump ownership and a body
corporate
• A partnership and a different body
of corporations
• Companies Act 1965
 Registration
Single

• using the full individual name to be

submitted to MIP before registering with
ROB
• registered with ROB which is a corporate
member
Corporations

• Under Companies Act 1965

• The board of directors is an individual member registered as a co-ordinator
• Consists of associate members such as MIP, professional architects,
engineers and others
• controlling interest & equity of 70%
• approve the name made to MIP before registering to ROB & ROC
• need to renew every 31 January every year
 Appointment Of Consultant Planning

03 02 need to understand
01planners and customers
Obey to the BTPM code
the rules and scales need to be aware law of
set by BTPM Engagement rules before
planning
Appointment Of Consultant Planning

04 05 06
do not replace fees and scales Town planners
any other city specified by began serving
planners BTPM should be when they
except applied in every received a
departure work carried out letter of
letters appointment
 5.2.3
Identify
The Uniform Building by-Law
1994:
In The Aspect of Town Planning.
These by-laws were made under section 133
of the Act (deed of the Road, Drainage and
Drainage building 1974). It is a comprehensive
small law on the subject of submitting the plan
for approval; space, light and air; works while
in relation to construction work; structural
requirements; construction needs and
fire warning requirements.

Under the by-law 17, local authorities have the

discretion to reject the proposed building
structure plan that does not meet the
requirements these by-laws. With this refusal,
local authorities may request the applicant to
re-submit the new structural plan for
consideration and approval.
Local authorities have the power to issue
temporary permits for a limited periods on
various matters, including building
construction temporarily, subject to certain
conditions as may be prescribed by him
stated in subregulation 19.

Small rules 25 allow local authorities to issue

certificates building qualification (CF), while a
small rule 26 allows it issued a temporary
occupational certificate (temporary CF), and
regulations small 27 allows for a partial
certificate (partial CF).

Under the small rule 28, no one can occupy

any building except one certificate of
occupation (whether permanent, temporary
or partial) has been issued about it by local
authorities.
 The objectives
behind the 1. Set a standardized building regulations for the whole
formulation of the
Uniform Building By-
of Malaysia and applicable to all Local Authorities
Laws, 1984 [UBBL], and building professionals
among others were
to:
2. Clarify line of legal responsibilities for buildings with clear
definitions on the Principal Submitting Persons.

3. Regulate architectural, structural, health & safety, fire protection

capabilities and constructional requirements of buildings; with clear
references to the approved standards,

4. Expedite the processing and building approvals and occupation

of buildings, It was later gazetted in 1985 as the Uniform Building By-
Laws, 1984 [UBBL].
The Main Parts In The Uniform Building By-Law :

PART I - Definitions and interpretations used in the by-

laws [By-Laws Sections 1 - 2],

PART II - The procedures for submitting plans to the

Local Authorities for their approval for permanent and
temporary buildings, advertisement and perimeter
hoardings [By-Laws Sections 3 - 29],
PART III - The required space [dimensions], light and
ventilation to be provided in buildings [By-Laws
Sections 30 - 47],

PART IV - The required temporary works during

construction [By-Laws Sections 48 - 52],

PART V - Structural requirements and considerations

e.g. dead, superimposed and dynamic loads and,
structural materials and elements [By-Laws Sections 53 -
80],
 The Main Parts In The Uniform Building By-Law :

PART VI - Constructional requirements e.g. site preparation, constructional

materials, method of construction and, architectural and related Structural
and M&E requirements [By-Laws Sections 81 - 132],

PART VII - Passive fire protection requirements [By-Laws Sections 133 - 224]

PART VIII - Active fire protection requirements [By-Laws Sections 225 - 253] and

PART IX - Miscellaneous definitions and references and, the procedures on

reporting on building failures [By-Laws Sections 254 - 258].
 There are 10
Schedules listed First Schedule - submission fees
in the appendix
covering the Second Schedule - standard forms,

following: Third Schedule - ventilation requirements [M&E considerations],

Fourth Schedule - weight of materials [structural

considerations]
Fifth Schedule - designation of purpose group [for
building types]
Sixth Schedule - limits of unprotected areas
[architectural considerations for privacy and fire
safety]
Eighth Schedule - class of materials [spread of
flame]
Ninth Schedule - limit of compartment and fire
resistant of material [architectural and structural
considerations] and

Seventh Schedule - travel distance, occupancy Tenth Schedule - active fire fighting
loads and exits [for architectural and structural requirements [M&E considerations].
considerations]
THE KEY AMENDMENTS TO THE UBBL (Soon to
be gazetted AMENDMENTS 2007)

01 Amendments to By-Law 2
 2 (a) “Principal Submitting Person” means a qualified person who submits
building plans to the local authority for approval in accordance with these
By-Laws and includes any other qualified person who takes over the duties
and responsibilities of or acts for the first-mentioned qualified person in
accordance with by-law 7.

 2(b) “qualified person” means a Professional Architect, Professional Engineer

or building draughtsman registered under any written law relating to the
registration thereof.

 2(c) “building plans” means plans that include site plans, key plans, floor
plans, sections and elevations of buildings, and are as stipulated under by-
laws 8, 9 and 10.

 2(d) “technical conditions” means conditions pertaining to health and

safety issues to buildings and essential services serving the buildings.
THE KEY AMENDMENTS TO THE UBBL (Soon to
be gazetted AMENDMENTS 2007)

02 Substitution of By-Law 25: “Certificate of Completion and Compliance”

 25(1) A certificate of completion and compliance in Form F as set out in the
Second Schedule shall be issued by the principal submitting person –
a) when all the technical conditions as imposed by the local authority
have been duly complied with;
b) when Forms G1 to G21 in respect of stage certifications as set out in
the Second Schedule have been duly certified and received by him;
c) when all the essential services, including access roads, landscape,
car parks, drains, sanitary, water and electricity installations, fire
hydrants, sewerage and refuse disposal requirements and, fire lifts
where required, have been provided;

 25(2) Upon the issuance of the certificate of completion and compliance,

the principal submitting person accepts full responsibility for the issuance of
the certificate of completion and compliance and he certifies that the
building is safe and fit for occupation.
THE KEY AMENDMENTS TO THE UBBL (Soon to
be gazetted AMENDMENTS 2007)

03 Substitution of By-Law 27: “Partial Certificate of Completion and

Compliance”

 27(1) The principal submitting person may issue a partial certificate of

completion and compliance in Form F1 as set out in the Second Schedule in
respect of any part of a building partially completed subject to any condition
imposed by the local authority which it deems necessary for reasons of public
health and safety.

 27(2) A partial certificate of completion and compliance once issued shall

remain effective until the whole of the building is completed and a certificate of
completion and compliance is issued in pursuant of by-law 25,
THE KEY AMENDMENTS TO THE UBBL (Soon to
be gazetted AMENDMENTS 2007)

04 Substitution of By-Law 28: “Offences”

 28(1) Where the principal submitting person fails to deposit a copy of the
certificate of completion and compliance or partial certificate of
completion and compliance, as the case may be, and the Forms G1-G21
within the period stipulated in paragraph 25(3) with the local authority and
the Board of Architects Malaysia or Board of Engineers Malaysia, as the
case may be, he shall be guilty of an offence.

 28(2) Where the principal submitting person or submitting person fails to

comply with the notice issued by the local authority in respect of the
rectification of any failure to the building or non-compliance with these By-
laws in accordance with paragraph 25(4), he shall be guilty of an offence

05 Other Amendments
 Amendments to By-Laws consequential to changes of the term submitting
person to principal submitting person.
THANK
YOU