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Street, Drainage and Building Act 1974 · s 53

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s 53Local authority to repair and alter and may discontinue surface and storm water drains, etc.

(1)

The local authority shall maintain and keep in repair and, as it sees fit, enlarge, alter, arch over or otherwise improve all or any of the surface and storm water drains, culverts, gutters, and water-courses under the control of the local authority and may discontinue, close up or destroy such of them as it deems useless or unnecessary:

Provided that the local authority shall before entering any private property for the purpose of carrying out any work under this subsection, give reasonable notice in writing in that behalf, and shall in carrying out such works do as little damage as may be and shall make full compensation for any damage done.

Not to cause nuisance

(2)

The discontinuance, closing up or destruction of any of them shall be done as not to create a nuisance.

66 Laws of Malaysia ACT 133

(3)

If by reason thereof or of any such alteration as hereinbefore mentioned any person is deprived of the lawful use of any surface and storm water drains, culvert, gutter or water-course, the local authority shall with due diligence provide some other as effectual as the one of which he is so deprived.