33A.

(1)

Where the proprietor of any land, within an area which has been declared to be a special development area pursuant to section 11---

(a)

had obtained approval under the Buildings Ordinance, 1994 [Cap.8], for the erection of a building on his land, but---- 

(i)

fails, within a period of two years from date of such approval, to commence the construction of the building; or

(ii)

after having commenced the construction thereof, abandons, ceases or discontinues works necessary for the completion of the construction of the building; or 

(b)

has on his land a building which has been left in a state of ruin, disrepair or collapse so as to cause nuisance, danger or inconvenience to the public, the Superintendent may, with the approval of the Director, by notice served on the proprietor, require him within such period (being not less than sixty days) as may be stipulated in the notice---

(A)

to commence the construction of the building; 

(B)

to resume works for the construction thereof; 

(C)

to continue such works until the due completion of the building; or 

(D)

to demolish any building which has been left in a state of ruin, disrepair or collapse.

(2)

In the event that the proprietor fails to comply with the requirements of the notice issued pursuant to subsection (1), the Superintendent shall be entitled to--- 

(a)

enter into possession of the land; 

(b)

demolish any structure, including the uncompleted building thereon or to take such steps as may be necessary to beautify, landscape or improve the land; or 

(c)

carry on such works on the said land as the Superintendent deems necessary to remove any nuisance, health or fire hazards, annoyance or inconvenience that may be caused to the public by reason of any structure, uncompleted building or vegetation thereon, and the Superintendent shall recover the cost and expenses thereby incurred from the proprietor as a civil debt.

(3)

If the proprietor shall fail to pay the cost and expenses referred to in subsection (2) within thirty days from date of the notice being served on him by the Superintendent, the Superintendent shall be entitled to forthwith re-enter the land in accordance with the provisions of this section. 

(4)

On the date of re-entry of the land, the Superintendent shall cause to be entered on the Register a memorial that the land had been re-entered by him on behalf of the Government, and upon the entry of such memorial, the interest and estate of the proprietor and any other interest registered against the land, shall be extinguished, and the issue of document of title for the land shall be deemed to have been cancelled and no claims shall lie against the Government for the refund of any rents or other moneys paid in respect thereof. 

(5)

The Superintendent shall, upon the entry of the memorial on the Register, forthwith issue the certificate of re-entry which shall be served upon the proprietor and published in the Gazette. 

(6)

The proprietor and any person having an interest registered against the land at the date of the re-entry and resumption of possession   by the Government, may within a period of sixty days from the date of the publication of the certificate in the Gazette pursuant to subsection (5), petition to the Majlis Mesyuarat Kerajaan Negeri to grant him or them relief against forfeiture. [Am. Ord. 9/76; Cap. A28]. 

(7)

Section 33 (7) shall, with the necessary modifications, apply in regard to any petition presented pursuant to subsection (6). [Ins. Cap.A17].