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QUESTION ONE Smart Schools Act 2018 (ctitious) empowers the Minister of Education to make regulations to develop the best and highquality education system in Malaysia.
QUESTION ONE Smart Schools Act 2018 (ctitious) empowers the Minister of Education to make regulations to develop the best and highquality education system in Malaysia. Section 8 of the Act provided that the smart school status is measured by its academic performance, and the school's enrolment shall be open to any Malaysian student. However, before the Minister can pass any regulation, he must rst consult experts or academicians to ensure the quality of such regulation conforms to the National Education Policy. By virtue of that authority, the Minister has enacted the Smart Schools Regulation 2019, which provide, .I'nter Glf, the following: Regulation 5: A school with a population of fewer than 2000 students is not qualied to be listed as a smart school. Regulation 7: The application for school enrolment mu st only be given to students whose family's inoome brackets fall in the category of T20 groups. Puan Mariana is unhappy that her daughter cannot apply for the smart school enrolment near her neighbourhood due to her family's incomel not being within the T20 groups. She also noticed that the Minister had not consulted any experts before passing the above Regulation. Therefore, she wishes to challenge the above Regulation. Advise Puan Mariana. [20 marks) QUESTION TWO Under the Land and Development Act 2019 (fictitious), the mayor of each local authority is empowered to consider any application to build resorts and hotels within its vicinity. In exercising power given by the Act, the mayor may impose any conditions that he thinks must be complied with. Pfider applied to the mayor of Ketterdam City, Datuk Sintovak, to build a resort in her land. During the application process, she was surprised to find out that other landowners adjacent to her land were also applying to develop the same. However, Datuk Sintovak informed her that her chance of approval is slim because only one resort or hotel could be built within ten radius kilometres as required by the Minister of Climate and Environment to curb any environmental issues. Meanwhile, Jantsen made an application to build a hotel on his land in the heart of Ketterdam City. In approving the application, the Minister imposed a condition that he must surrender his freehold title to be converted to leasehold title. In the meantime, Maderna, who owns a piece of land adjacent to Phider's, decided to develop a resort after learning that the market price for the ares is predicted to increase after it was recently awarded as one of the best sunset spots in the world. He decided to see the deputy mayor of Ketterdam City to get approval to build a luxury hotel. After a series of discussions, his application was approved by the deputy mayor. Pfider and Jantsen who were upset with the strict requirement told by Datuk Sintovak, became puzzled as they were told that Maderna has already been authorized to build a hotel. They decided to see you for advice. Advise Pfider and Jantsen on grounds to challenge the exercise of discretionary power by relevant authorities. (20 marks]
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