Street, Drainage and Building Act 1974 · Updated to 31 Dec 2019 · Part VI · Miscellaneous
117. Licences to be discretionary
Official textFrom Laws of Malaysia Online, unchanged
The grant or renewal of any licence in pursuance of this Act or any by-laws made thereunder shall be in the discretion of the local authority or person authorized to grant or renew the same and a licence may be granted, renewed or refused without assigning any reason therefor and may be granted or renewed subject to such restrictions and conditions as the local authority or person granting or renewing the same may think fit and such licence shall be subject to suspension or revocation at any time without compensation and without notice by the local authority upon breach of any restriction or condition subject to which it was issued.
local authority
“local authority” means any city council, municipal council, town council, town board, local council, rural board or similar local authority established by written law and in relation to the Federal Territory means the Commissioner of the City of Kuala Lumpur appointed under section 3 of the Federal Capital Act 1960;
The local authority or person authorized to grant or renew such licence may require any applicant therefor to furnish such information as the local authority or that person may reasonably require for a full and proper consideration of the application and in the event of a refusal to furnish such information shall refuse to grant or renew such licence.
person
“person” includes a company, a partnership, a body of persons and a corporation sole;
Save as otherwise provided any licence granted or renewed in pursuance of this Act or any by-laws made thereunder may be for such period not exceeding twelve months as the local authority thinks fit.
There shall be charged for the grant or renewal of any licence such fee, if any, as may be prescribed.
No such licence shall be transferable without the consent of the local authority.
Save as otherwise provided any person aggrieved by the refusal by any local authority to grant or renew a licence or by the suspension or revocation by such local authority of any licence may within the month of such refusal, suspension or revocation appeal to the State
Authority whose decision thereon shall be final.
Street, Drainage and Building 139
street
“street” includes any road, square, footway or passage, service road, whether a thoroughfare or not, over which the public have a right of way, and also the way over any bridge, and also includes any road, footway or passage, open court or open alley, used or intended to be used as a means of access to two or more holdings, whether the public have a right of way over it or not; and all channels, drains, ditches and reserves at the side of any street shall be deemed to be part of such street;
In this section “licence” includes any approval, consent permit, permission, authorization or licence which may be granted in pursuance of this Act or any by-laws made thereunder.
Terms defined in s 3
building
Defined · s 3“building” includes any house, hut, shed or roofed enclosure, whether used for the purpose of a human habitation or otherwise, and also any wall, fence, platform, staging, gate, post, pillar, paling, frame, hoarding, slip, dock, wharf, pier, jetty, landing-stage or bridge, or any structure support or foundation connected to the foregoing;
local authority
Defined · s 3“local authority” means any city council, municipal council, town council, town board, local council, rural board or similar local authority established by written law and in relation to the Federal Territory means the Commissioner of the City of Kuala Lumpur appointed under section 3 of the Federal Capital Act 1960;
person
Defined · s 3“person” includes a company, a partnership, a body of persons and a corporation sole;
street
Defined · s 3“street” includes any road, square, footway or passage, service road, whether a thoroughfare or not, over which the public have a right of way, and also the way over any bridge, and also includes any road, footway or passage, open court or open alley, used or intended to be used as a means of access to two or more holdings, whether the public have a right of way over it or not; and all channels, drains, ditches and reserves at the side of any street shall be deemed to be part of such street;