Act List

Informasi Land Conservation Act

Land Conservation Act

Land Conservation Act 1960 (Act 385)

Application

This Act applies only in the States of Malaya (Peninsular Malaysia) and the Federal Territory of Kuala Lumpur.

As provided under Article 95D of the Federal Constitution, this Act does not apply in the States of Sabah and Sarawak. The Sabah law relating to soil conservation applies to the Federal Territory of Labuan, as provided under section 6(1) of the Federal Constitution (Amendment) Act 1984.

As this Act concerns matters within the legislative jurisdiction of the States, in accordance with Article 76(3) of the Federal Constitution, it is in force in a State only if adopted through that State's law.

Accordingly, the Act has been adopted by the following States through:

  • Johor Enactment No. 15 of 1960

  • Kedah Enactment No. 13 of 1960

  • Kelantan Enactment No. 6 of 1960

  • Malacca Enactment No. 7 of 1960

  • Negeri Sembilan Enactment No. 21 of 1960

  • Pahang Enactment No. 13 of 1960

  • Penang Enactment No. 4 of 1960

  • Perak Enactment No. 6 of 1960

  • Perlis Enactment No. 12 of 1960

  • Selangor Enactment No. 7 of 1960

  • Terengganu Enactment No. 9 of 1960

Purpose

To strengthen the law relating to the conservation of hills and the protection of land from soil erosion and silt runoff.

Main Provisions

The main provisions are contained in Parts II and III of this Act. In general, the Act contains:

  • Provisions for the State Authority to declare an area as hill land, and to prohibit the use of hill land for any purpose other than limited agricultural and mining purposes.

  • Provisions empowering the Land Administrator to take action against a landowner whose land has caused, or is likely to cause, damage to other land or a watercourse, or has interfered, or is likely to interfere, with cultivation on other land as a result of earth, mud, gravel, silt or stones carried from that land.

  • Provisions empowering the Land Administrator to take action against a landowner whose land has been, or is likely to be, damaged by erosion or the movement of earth, mud, gravel, silt or stones on or from that land.

Penalty

Any person who, without reasonable excuse, fails to comply with an order made under this Act, or with any provision of this Act requiring that person to do or prohibiting that person from doing an act or thing, is liable to a fine not exceeding five thousand ringgit. In default of payment, the person may be imprisoned for a term which, subject to section 283 of the Criminal Procedure Code and as the circumstances may require, may extend to six (6) months.

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