Why is the 80 per cent consent threshold controversial?

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The 80 Per Cent Consent Threshold in the Draft Urban Renewal Bill Sparks Significant Opposition

The proposed reduction of the consent threshold for participation in urban renewal projects from 100 per cent to 80 per cent under the draft Urban Renewal Bill has ignited considerable controversy. Critics argue that this lowered threshold could lead to the dispossession of property owners, with one Member of Parliament labelling the legislation the "Home Seizure Act" if enacted.
Lowered Consent Threshold Faces Criticism

The crux of the controversy lies in Clause 12(2) of the draft Bill, which outlines varying consent thresholds based on building age. Specifically, a threshold of 80 per cent is proposed for buildings aged 30 years, and 75 per cent for those older than 30 years. This departure from the previous 100 per cent requirement has been met with strong objections, most notably from Muar MP Syed Saddiq Syed Abdul Rahman, who has publicly decried the Bill as the "Home Seizure Act."
Consultation Process and Oversight Mechanisms

While the 80 per cent threshold has drawn criticism, the draft legislation includes provisions for consultation and oversight. Clause 12(3) mandates that developers must consult with proprietors or occupiers to achieve the stipulated consent threshold. This consultation process is intended to involve a body established by the State Executive Committee (SEC) and the relevant local authority. The SEC, chaired by the Menteri Besar or Chief Minister, is tasked with certifying urban renewal project proposals and approving urban renewal areas, thereby providing a layer of governmental control.
Federal Oversight and Legal Framework

Further layers of governance are established through the Federal Executive Committee (FEC), chaired by a minister. The FEC is responsible for advising the SEC on key aspects of urban renewal, including the declaration of urban renewal areas and the qualification of developers. This structure suggests an intention to create a controlled and supervised framework for urban renewal activities, aimed at managing town and country planning.
Land Acquisition Provisions

The draft Bill also addresses the acquisition of land within declared urban renewal areas. Clause 5(3) stipulates that all alienated land within such an area must be acquired, either through purchase, a court order, or compulsory acquisition under the Land Acquisition Act 1960 (LAA). Proponents argue that if critics had considered this clause, their objections might have focused on the LAA itself, which has a history of withstanding constitutional challenges related to property rights and compensation, rather than condemning the entire Bill. The LAA, it is noted, ensures that compulsory acquisition occurs in accordance with established procedures and with adequate compensation.

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Why is the 80 per cent consent threshold controversial?

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