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Local Authorities and Local

Government

AQS 2244
IIUM
Nor Asiah Mohamad
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Functions of Local Planning
Authority
Background
In 1976, two pieces of legislation were
introduced to overcome the deficiencies of
land use planning in Malaysia, namely:
Local Authority Act, 1971 Act 171
Town and Country Planning Act, 1976 Act 172

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Act 172 stipulates that every local authority
shall be the local planning authority for the
area of local authority
The legal framework of their jurisdiction are
prescribed under the Act 171
The FT, has its own planning legislation
under the FT Planning Act Act 267 1982.
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This Act is similar to Act 172 but the the
Commissioner or the Mayor is given a wide
discretionary power to administer the
provisions of the Acts
Act 172 and its associates provides the
strategic and spatial implications of land use
planning with local spatial implications
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The State is responsible for all land use
planning in the local authority.
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Local authorities must be prepared for
adjustments in meeting the challenges
related to growing urbanization

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The provisions of the Local Government Act grant
local authorities the following roles ((Mohd
Yahya):
Local planning authority;
Licensing authority;
Power to impose certain kinds of taxes;
Undertake building, housing and commercial
construction (markets, hawker stalls etc.);

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Power to perform urban planning and
management functions;
Traffic management and control (manage
urban public transport systems); and
Power to plan and provide public utilities.

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Roles and Functions of Town and
Planning Authority
Laws
Local Authority Act 1976 (Act 171)
Town and Country Planning Act 1976(Act
172) Amendment 1995 and 2001 (Act
1129)
National Land Code, 1965
Other laws MRE Cap 142; Land
Conservation Act 1960; EQA

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A) To plan for better development of
physical planning, social, economy and
environment for rural and urban areas
To ensure the smooth running of the laws as
a basis of monitoring and controlling
development and land use;
To advise the related agencies on planning
at federal, state and local authorities level
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The Local Government Act of 1976 provides local
authorities in Malaysia with a very comprehensive
set of functions and responsibilities. Two other
main laws, the Town and Country Planning Act
(1976) and the Street, Drainage and Building Act
(1974), help local governments to perform their
functions under the 1976 Act. These Acts allow
the local authorities to assume more
developmental functions in the field of urban
management and play a more dynamic role in
national development.
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Town Planning and Country Act
1976
Policies and administration
Development planning
Monitoring body
Act 933 trees conservation policy and
guidelines
Act 1129 National Council of Physical
Planning; State Planning Structure,
Planning for Special Areas etc
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Act 172 land and building conservation as
part of national heritage
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Role of local authority in land
development
To arrange, monitor and plan for
development of land and building within
their jurisdiction
To publicise any information on
development
To play any role as determined and
instructed by State Authority
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Environmental
This relates to functions of maintenance and
improvement of the environment within the
area of jurisdiction. This includes obligatory
services such as cleansing, collection and
disposal of solid wastes, proper drainage
and sewage, sewerage system and
beautification programmes.
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Public amenities
This applies to services such as abattoirs,
veterinary services, transportation, burial
grounds and crematoria
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Social functions
Some larger municipalities provide social services
such as childcare centres, clinics within their
health care service programmes, ambulance and
hearse services. Besides these, they maintain
fountains and arrange for lighting public streets
and other public services and provide manual
labour and facilities to state governments or the
district offices to assist in the organization of ad
hoc social services at the state and district levels;
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This requires local authorities in Malaysia to
perform multifarious roles that include:
Efficient service delivery functions and
employment generation;
The normal system maintenance function for
public places, drainage and sewerage, market
places and crematorium, road maintenance and
street-lighting, landscaping and maintenance,
public health and sanitation;
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The development planning and control and
management functions (building control, land-use
planning, development, creation of industrial
estates etc.);
The promotion of tourism and urban renewal
beautification programmes; and
Infrastructure development and support facilities
which could facilitate industrial development and
other local-based economic development
initiatives.


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Developmental functions
As opposed to mandatory functions of the local
authorities, the development functions are
considered "discretionary" under the Local
Government Act, 1976. Even though local
authorities could be regarded as an important
instrument for local socioeconomic
modernization, the lack of financial and physical
capacity limits the extent and functions that they
can provide. This is particularly the case with
district councils.
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Federal level to legislate and determine
the strategies and policy matters
State level as advisory to the state govt
pertaining to land use, land conservation
and land development;
At local authority to plan for local
authority
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The Ministry of Housing and Local Government, classifies
the sources of income for the local authorities into six
groups, namely:
Assessment rates (inclusive of contribution in-lieu-of
rates);
Licenses;
Rentals;
Government grants (inclusive of road grants);
Car parking charges, planning fees, compounds, fines and
interests; and
Loans (from government and/ or financial institutions).

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Issues relating to local authorities
Appointment of the Local Council
politician?
Abuse of power