Street, Drainage and Building Act 1974 · Updated to 31 Dec 2019 · Part II · Streets
43. Dangerous places to be repaired or enclosed
Official textFrom Laws of Malaysia Online, unchanged
If, in the opinion of the local authority, any tank, well, hole or other place is, due to want of sufficient repair, protection or enclosure or any other cause, dangerous to the public, it shall give notice in writing to the owner thereof to repair, protect or enclose the same forthwith so as to prevent danger therefrom.
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;
Any owner who fails without reasonable cause to comply with such notice shall be liable on conviction to a fine not exceeding one thousand ringgit, and the local authority may itself repair, protect or enclose the same.
owner
“owner” means— (a) the registered proprietor of the land; (b) the lessee of a lease including a sub-lessee of the land whether registered or not; (c) 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; (d) 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;
All costs and expenses arising therefrom shall be paid to the local authority by the owner of the tank, well, hole or other place.
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;
owner
Defined · s 3“owner” means— (a) the registered proprietor of the land; (b) the lessee of a lease including a sub-lessee of the land whether registered or not; (c) 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; (d) 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;
Part III
Drains
Part IV
Back-Lanes
Part V
Buildings
Part VI
Miscellaneous
Part VII