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Local Authorities Bill passed

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Dr Sim Kui Hian

The State Legislative Assembly (DUN) Sarawak yesterday passed the Local Authorities (Amendment) Bill, 2020, which sought to update the provisions in the Ordinance to meet changes. 

Minister for Local Government and Housing, Datuk Seri Prof Dr Sim Kui Hian, in tabling the Bill, said the last amendment to the Local Authorities Ordinance, 1996 [Cap.20] was made in 2013.The amendment came into force on Jan 1, 2014. Since then, there has been no amendment to the Ordinance.

Dr Sim pointed out that Section 131(A) of the Local Authorities Ordinance, 1996 [Cap.20] (hereinafter referred to as “the Principal Ordinance”) empowered a local authority to carry out development either by itself or with other local authority or person for residential, commercial, industrial or any other undertaking which the local authority might determine.

“Therefore, the proposed amendment to Section 3 of the Principal Ordinance will grant native status to all local authorities listed in the First Schedule of the Principal Ordinance to enable them to deal or develop their lands which are classified as native area land, especially in the rural local authorities’ areas and for any other relevant purposes stated in the Land Code [Cap. 81 (1958 Ed.)],” he told the august House.

He added that the existing provision in the ordinance only allowed local authorities to remove dilapidated fences or structures but not those abutting or encroaching into public places which posed dangers to the public.

“Therefore, the proposed amendment to Section 131(x)(ii) of the Principal Ordinance seeks to empower Local Authorities to remove any fences or structures abutting or encroaching public places that cause danger to the public irrespective whether they were in a dilapidated state or otherwise,” he added.

“Likewise, the present provision of Section 161A (1) of the principal ordinance only allows seizure, removal or detention of anything which is used or employed in the conduct of any trade or business when people are committing offences.

“Thus, an amendment to the ordinance will enable a local authority to take action effectively by confiscating, removing or detaining the things or materials used in the commission of an offence,” he said.

On Section 165, Dr Sim said the amendment would allow delegation of powers by the minister to any person and not only limited to the permanent secretary or any other public officer in order to improve efficiency and facilitate the service delivery to the people.

Meanwhile, the proposed amendment to Section 172 and Section 172A would expedite and improve the process of amendment to the Third and Fourth Schedules of the Principal Ordinance by allowing the state Cabinet to amend the Third and Fourth Schedules by notification in the gazette, he pointed out.

Dr Sim stressed that the amendment was not meant for local authorities to benefit from any sort of money-making or commercialisation.

“The Gabungan Parti Sarawak (GPS) government only wishes to improve the law and will not leave it to be inadequate in order for us to prioritise the people’s interests,” he emphasised.

He pointed out that the local authorities would continue to be responsible by providing efficient waste collection services, carrying out good maintenance of roads and street lighting as well as protecting the environment and having well planned development in their areas.

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