Legal Issues and Challenges in Regulating the Rights to Wayleave in Malaysia

  • Authors

    • Siti Sarah Sulaiman
    • Rasyikah Md Khali
    • Nur Hamizah Aminudin
    2018-08-24
    https://doi.org/10.14419/ijet.v7i3.30.18222
  • Electricity, Rights to Wayleave, Malaysia.

  • Abstract

    Electricity flows through power lines and other transmission infrastructure to houses, hospitals, offices and other customers’ premises. Due to rapid development and industrialization as well as urbanisation, the demand for energy supply had increased in Malaysia. Thus the electricity supply system need to be strengthen in order to avoid frequent tripping and to provide sufficient, quality and reliable system. There are several ways to improve the electricity supply system namely by building higher volt transmission tower and building more substation and power stations. This paper legally analyse the issues faced by the Tenaga Nasional Berhad (TNB), the main electricity supplier in Malaysia in meeting the increasing demand of electricity while at the same time ensuring public rights are protected.  In particular, this paper addresses the issues in regulating the rights to wayleave for electricity supply lines. Towards this ends, relevant laws and case studies are presented to provide a bigger perspective on how the rights to wayleave can affect the other basic human rights. 

     

     

  • References

    1. [1] Energy Commission (2014), Wayleave for Electricity Supply Lines Your Rights and Safety, retrieved from www.st.gov.my on 20 December 2015.

      [2] Peninsular Malaysia Electricity Supply Industry Outlook, Energy Commission (2014).

      [3] Energy Commission (2014), Wayleave for Electricity Supply Lines Your Rights and Safety, retrieved from www.st.gov.my on 20 December 2015.

      [4] www.utilityserve.co.uk/wayleave_and_easement.php

      [5] Norman E Hutchison & Jeremy Rowan-Robinson (2000), The Valuation of Wayleaves: Time for Change? Paper presented at Pacific Rim Real Estate Society, 6th Annual Conference, Sydney, January 2000.

      [6] Section 10 of, and Schedules 3 and 4 to, the Electricity Act (1989).

      [7] Electricity Act (1989) Guidance for Applicants and Landowners and/or Occupiers, January 2014 retrieved from https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/274713/wayleave_guidance.pdf

      [8] Abdul Haseeb Ansari (2011), Energy Law in Malaysia, Kluwer Law International, 198.

      [9] Zulkifli Mohd Yusof & T Sivadass (2006), Construction Management of Power Transmission Lines-Logistic and Challenges, Proceedings of the 6th Asia-Pacific Structural Engineering and Construction Conference (ASPEC 2006) 5-6 September 2006, Kuala Lumpur, Malaysia, 60-67.

      [10]Siti Sarah Sulaiman & Ainul Jaria Maidin (2012), The Legal Impact of Development Plans in Delivering Sustainable Development: A Reference to the TCPA 197 and the FTA 1982. OIDA International Journal of Sustainable Development 3(4), 85-90, Energy Commission, Wayleave for Electricity Supply Lines Your Rights and Safety, 2014 retrieved from www.st.gov.my on 20 December 2015.

      [11]“CAR Project: Kampung Sungai Terentang Safe (31st January 2013). TNB Studies New Alternative Route†retrieved at http://en.selangorku.com/3295/car-project-kampung-sungai-terentang-safe-tnb-studies-new-alternative-route/ .

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  • How to Cite

    Sarah Sulaiman, S., Md Khali, R., & Hamizah Aminudin, N. (2018). Legal Issues and Challenges in Regulating the Rights to Wayleave in Malaysia. International Journal of Engineering & Technology, 7(3.30), 174-177. https://doi.org/10.14419/ijet.v7i3.30.18222

    Received date: 2018-08-25

    Accepted date: 2018-08-25

    Published date: 2018-08-24