Section 5

Any consent given under subsection (1) and the extent and particulars of the land affected by such consent shall be recorded in a register, to be called the “Tambak Register”, to be kept by the Land Administrator, who shall issue to the owner or occupier of such land a copy of the entry in the Tambak Register.

*NOTE— All references to "West Malaysia" shall be construed as reference to "Peninsular Malaysia"—

see the Interpretation (Amendment) Act 1997 [Act A966], subsection 5(2).

**NOTE—The Rice Cultivation Ordinance of the Straits Settlements [S.S. Cap 145] in respect of the State of Malacca has since been repealed by the Malacca Enactment No. 3 of 1968.

7

Irrigation Areas

A consent given under subsection (1) may be varied from time to time, and thereupon such memorial shall be made on the

Tambak Register as may be necessary to indicate the variation, or a fresh entry may be made therein. In either case the owner or occupier shall surrender the copy referred to in subsection (2) for alteration or cancellation as the case may be.

In the case of any land within an irrigation area which the owner or occupier thereof has used for any purpose other than the planting of padi, without obtaining the consent referred to in subsection (1), the authorized officer may refuse to grant such consent and may serve a notice on the owner or occupier directing him to fill up any drain or remove any bund or embankment or building or structure which prevents water from coming on to or remaining on the land, and every such owner or occupier shall comply with such notice within the period specified therein, not being less than one month from the date thereof.

If such owner or occupier fails to comply with such notice he shall be guilty of an offence and shall be liable to imprisonment for a period not exceeding six months or to a fine not exceeding one thousand ringgit or both and the court may direct that the whole or any part of the fine, if paid, shall be handed to the authorized officer who shall use it for carrying out the works, if any, specified in the notice.

Any person aggrieved by any consent, refusal, order or notice under this section may appeal to the appropriate authority or to any Board or Committee to whom the appropriate authority may delegate its powers in writing and the decision of the appropriate authority, or of such Board or Committee in such appeal shall be final.

No proceedings under sections 3 and 7 of the *Rice Cultivation

Ordinance of the Straits Settlements, shall be instituted against the owner or occupier of any land for failure to cultivate padi on any area shown in the Tambak Register to be exempted from such cultivation.

This section applies only to such areas of land within an irrigation area as the appropriate authority may, by notification in the Gazette, direct.

*NOTE—The Rice Cultivation Ordinance of the Straits Settlements [S.S. Cap 145] has since been repealed by Malacca Enactment No. 3 of 1968.

8

Classification of the lands within an irrigation area