Local Authorities and Local Government

AQS 2244IIUMNor Asiah Mohamad

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Functions of Local Planning AuthorityBackgroundIn 1976, two pieces of legislation were introduced to overcome the deficiencies of land use planning in Malaysia, namely:Local Authority Act, 1971 Act 171Town 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 authorityThe legal framework of their jurisdiction are prescribed under the Act 171The 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 ActsAct 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 AuthorityLawsLocal Authority Act 1976 (Act 171)Town and Country Planning Act 1976(Act 172) Amendment 1995 and 2001 (Act 1129)National Land Code, 1965Other 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 1976Policies and administrationDevelopment planningMonitoring body Act 933 trees conservation policy and guidelinesAct 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 developmentTo arrange, monitor and plan for development of land and building within their jurisdictionTo publicise any information on developmentTo play any role as determined and instructed by State Authority

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EnvironmentalThis 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 amenitiesThis applies to services such as abattoirs, veterinary services, transportation, burial grounds and crematoria

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Social functionsSome 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 functionsAs 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 mattersState 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 authoritiesAppointment of the Local Council politician?Abuse of power

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