Street, Drainage and Building Act 1974 · Updated to 31 Dec 2019 · Part II · Streets
27. Situation of water pipes, etc., to be altered at the expense of the local authority
Official textFrom Laws of Malaysia Online, unchanged
If the local authority deems it necessary for the purposes of this Act to raise, sink, lower or otherwise alter the situation of any water pipe or other waterworks, electric lighting cable or main telegraph wire or other electric lighting apparatus or telegraph apparatus laid in any street, it may, by notice in writing, require the person or authority, to whom any such pipes, works, cables, mains or apparatus belong or under whose control they are, to cause forthwith, or as soon as conveniently may be, any such pipes, works, cables, mains or apparatus to be raised, sunk, lowered or otherwise altered in position in such manner as it directs:
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;
Provided that such alteration is not such as to permanently injure such works, cables, mains or apparatus or to prevent the water from flowing as freely and conveniently as before.
46 Laws of Malaysia ACT 133
The expenses attending such raising, sinking, lowering or altering, and reasonable compensation for the damage done thereby, may be paid by the local authority.
If the person or authority to whom any such pipes, works, mains, cables or apparatus belong, or under whose control they are, does not proceed forthwith, or as soon as conveniently may be, after the receipt of such notice to cause the same to be raised, sunk, lowered or altered in the manner required by such notice, a Magistrate’s Court shall, on the application of the local authority, issue a mandatory order for the execution of the necessary work.
person
“person” includes a company, a partnership, a body of persons and a corporation sole;
Terms defined in s 3
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;
Part III
Drains
Part IV
Back-Lanes
Part V
Buildings
Part VI
Miscellaneous
Part VII