4.—(1) The Minister, whenever he considers it necessary or expedient in the interests of public safety, may make a clearance order in respect of —(a) | any land abutting on or lying within a distance of 46 metres from any railway or public road or perimeter fence in any security area; or | (b) | any land in such area which is used for or in connection with the cultivation of rubber, oil palm, gutta-percha, coconut, bananas or any other fruit growing on trees, or any other agricultural or food crops; |
directing the owner or occupier of the land or the agent of either of them, or both the owner and the occupier of the land and their agents, or any person or persons residing within the area enclosed by a perimeter fence — |
(i) | to the extent and in the manner specified in the clearance order to cut and clear away from any land affected by the order, all herbage, bush and undergrowth and any other object mentioned in the order, other than permanent buildings; and | (ii) | to prevent any herbage, bush or undergrowth from growing higher than 30 centimetres on any land affected by the clearance order and to maintain the land in a clean condition to the satisfaction of such person or authority as may be named in the order. |
(2) For the purpose of this regulation the land affected by a clearance order made —(a) | in respect of any land abutting or lying within a distance of 46 metres from a railway or public road shall be deemed to be such land as aforesaid and such portion of any public road reserve abutting on such land which lies directly between such land and such road up to a distance of 46 metres from the centre of such railway or public road; | (b) | in respect of any land abutting or lying within a distance of 46 metres from a perimeter fence, and of any land used for or in connection with the cultivation of rubber, oil palm, gutta-percha, coconut, bananas or any other fruit growing on trees or any other agricultural produce or food crops shall be deemed to be such portion or portions thereof as may be defined in the clearance order. |
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(3) A clearance order made in respect of land abutting on or lying within a distance of 46 metres from a railway or public road or a perimeter fence may be made either generally in respect of all such lands within an area to be described in the order or specially in respect of particular land or lands. |
(4) If any owner or occupier of any land affected by a clearance order or the agent of either of them —(a) | refuses or neglects to comply with the direction mentioned in paragraph (1)(a), within 14 days from the date on which the order is published in the Gazette or within 7 days from the date on which the order is served on him; | (b) | neglects to comply with the direction mentioned in paragraph (1)(b); or | (c) | cannot be found, |
it shall be lawful for any person authorised by the Minister to enter upon such land and to cut and clear away such herbage, bush, undergrowth or other object, and the expenses incurred in the execution of such work may be recovered as a civil debt due to the Government from the owner or occupier affected by such order. |
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(5) Without prejudice to paragraph (4), the owner or occupier of any such land who refuses or neglects to comply with a clearance order shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000 and to a further fine of $100 in respect of every day during which the offence continues after conviction. |
(6) Any court by which a person being the owner or occupier of any land has been convicted of an offence under paragraph (5) shall, whether or not it orders the person to pay any fine, order that person to pay any expenses or costs for which he is liable under that paragraph; and that order shall be enforced as if it were, and it shall be deemed to be, an order for compensation made under the Criminal Procedure Code (Cap. 68), and a Certificate by the Minister for Finance of the amount of such expenses or cost shall be admissible in evidence and shall be conclusive proof of the amount. |
(7) In this regulation, “owner or occupier” includes, in the case of any area enclosed by a perimeter fence, any person residing within that area. |
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