Section 3

the owner of the premises by himself or his tenant has the right to use or commonly does use the street or backlane as a means of access to or drainage from the premises; and

14 Laws of Malaysia ACT 133

in the opinion of the local authority, the use or the right to use is for the advantage or benefit of the land;

“geotechnical” means an engineering field in relation to the behavior of soil and rock which includes the types, conditions, profiles, structural design, slope stabilization and other monitoring works related to the behavior of the soil and rock;

“house” includes dwelling-house, warehouse, office, countinghouse, shop, school, and any other building in which persons are employed;

“Improvement Service Fund” means the Improvement Service Fund established under section 132;

“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 [Act 190];

“nuisance” means any act, omission or thing occasioning or likely to occasion injury, annoyance, offence, harm, danger or damage to the sense of sight, smell or hearing, or which is or is likely to be injurious or dangerous to health or property;

“occupier” means the person in actual occupation of the land or building in respect of which the word is used, or having the charge, management or control thereof either on his own account or as agent of another person, but does not include a lodger;

“owner” means—

the registered proprietor of the land;

the lessee of a lease including a sub-lessee of the land whether registered or not;

the agent or trustee of any of the owners described in paragraphs (a) and (b) of this definition if in the opinion of

Street, Drainage and Building 15

a local authority any of those persons cannot be traced or, if any of those persons has died, his legal personal representative;

the person for the time being receiving the rent of the premises in connection with which the word is used whether on his own account or as agent or trustee for any other person or as receiver or who would receive the same if such premises were let to a tenant;

“partial certificate of completion and compliance” means the certificate given or granted under any by-laws made under this Act;

“person” includes a company, a partnership, a body of persons and a corporation sole;

“a place of public resort” means a building, or a defined or enclosed place used or constructed or adapted to be used either ordinarily or occasionally as a church, chapel, mosque, temple or other place where public worship is or religious ceremonies are performed, not being merely a dwelling house so used, or as a cinema, theatre, public hall, public concert room, public ballroom, public lecture room, or public exhibition room, restaurant, night club, terminus, or shopping arcade, or as a public place of assembly for persons admitted thereto by ticket or otherwise, or used or constructed or adapted to be used either ordinarily or occasionally for any other public purpose;

“premises” includes messuages, houses, buildings, lands, tenements, easements and hereditaments of any tenure, whether open or enclosed, whether built on or not, whether public or private, and whether maintained or not under statutory authority;

“principal submitting person” means a qualified person who submits building plans to the local authority for approval in accordance with this Act or any by-laws made thereunder and includes any other qualified person who takes over the duties and responsibilities of or acts for the first-mentioned qualified person;

16 Laws of Malaysia ACT 133

“private connection pipe” has the same meaning assigned to it under the *Water Services Industry Act 2006 [Act 655];

“private street” means any street not being a public street;

“public street” means any street over which the public has a right of way which was usually repaired or maintained by the local authority before the coming into operation of this Act or which has been transferred to or has become vested in the local authority under this

Act or in any other manner;

“qualified person” means a Professional Architect, Professional

Engineer or building draughtsman registered under any written law relating to the registration thereof;

“sewer” has the same meaning assigned to it under the *Water

Services Industry Act 2006 [Act 655];

“sewerage system” has the same meaning assigned to it under the

*Water Services Industry Act 2006;

“sky-sign” means any erection consisting of a frame, hoarding, board, bar, pillar, post, wire or any combination of such things, or any erection of a like nature, or any visible object which floats or is kept in position by wire or other flexible attachment, displayed for the purposes of trade or professional advertisement in such a position as to be conspicuously visible against the sky above the general level of the roofs or surrounding buildings from any street or public place;

“slope” means a pitch of land surface or rock whether build or exists naturally including any erection which resist forces and moments of the slope;

“State Authority”, in relation to—

*NOTE—The Sewerage Services Act 1993 [Act 508] has been repealed by the Water Services Industry

Act 2006 [Act 655] in respect of its application to Peninsular Malaysia and the Federal Territories of

Putrajaya and Labuan, which comes into operation on 1 January 2008–see subsection 185(1) of Act 655.

Street, Drainage and Building 17

the States of Malaysia, means the Ruler or Yang di-Pertua

Negeri of a State and includes in Negeri Sembilan the Yang di-Pertuan Besar acting on behalf of himself and the Ruling

Chiefs; and

the Federal Territory of Kuala Lumpur means the Minister charged with the responsibility for local government;

“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;

“street works” includes work of sewering, levelling, paving, metalling, flagging, kerbing, channelling, draining, lighting, laying of water, gas or electricity services and otherwise the making good a street or part of a street;

“structural elements” means those parts or elements of a building which resist forces and moments and includes foundations, beams, columns, shear cores, slabs, roof trusses, staircases, load bearing walls and all other elements designed to resist forces and moments but excludes doors, windows and non-load bearing walls;

“structural plan” means a plan relating to structural elements;

“sullage” includes any household waste liquids discharged from any bath, shower, lavatory, basin, floor gully, laundries or sink (not being a slop sink) but excludes faecal water and urine.

“submitting person” means a qualified person who submits plans other than building plans to the local authority or relevant statutory authority in accordance with this Act or any by-laws made thereunder and includes any other qualified person who takes over the duties and responsibilities of or acts for the first mentioned qualified person;

18 Laws of Malaysia ACT 133

“sullage” includes any household waste liquids discharged from any bath, shower, lavatory, basin, floor gully, laundries or sink (not being a slop sink) but excludes faecal water and urine.