Street, Drainage and Building Act 1974 · Updated to 31 Dec 2019 · Part III · Drains
51. Local authority may recover cost of improving and making drains, etc.
Official textFrom Laws of Malaysia Online, unchanged
Where the local authority has made such main or has made such surface or storm water drains, culverts, gutters and water-courses, it may recover the cost of constructing and making such surface or storm water drains, culverts, gutters and watercourses, including the cost of acquiring any land or of any compensation paid in the course of such works.
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;
Such cost shall be paid by the persons who are frontagers when the work is completed.
Notwithstanding subsection (2) the local authority may, with the approval of the State Authority, if satisfied that by any proposed development in any area existing surface or storm water drains, culverts, gutters or water-courses will have to be improved, require any developer in that area to deposit such sum as may be apportioned by the local authority as if such developer were a frontager before proceeding to develop that area:
developer
“developer” means any person, body of persons, company, firm or society who or which engages in or carries on or undertakes the business of developing or providing moneys for development or purchasing or partly developing and providing moneys for purchasing buildings;
Provided that the developer may, if the local authority so agrees, instead of depositing a sum of money give a security to the satisfaction of the local authority.
In determining the respective amounts to be paid by the frontagers or developers, the local authority may take into consideration—
the area of their respective premises;
the use to which their respective premises will be put;
64 Laws of Malaysia ACT 133
the condition of the land, before, during and on completion of development;
the degree of benefit to be derived by those premises from the construction of such surface or storm water drains, culverts, gutters and water-courses;
where any section of such surface or storm water drains, culverts, gutters and water-courses has previously been constructed, the amount and value of such works executed by the frontager or developer;
the cost of the premises voluntarily surrendered by the owners to the local authority; and
any other matters which in the opinion of the local authority are relevant and proper to be considered.
If the frontager or developer is dissatisfied with such apportionment of costs, he may within a period of one month of the receipt of the notice appeal to the State Authority whose decision shall be final and shall not be subject to any appeal or review in any court.
frontager
“frontager” means the owner of premises fronting on, adjoining, abutting on, or (though not actually so fronting, adjoining or abutting) adjacent or accessible to a street or back-lane or where— (a) 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 (b) in the opinion of the local authority, the use or the right to use is for the advantage or benefit of the land;
Terms defined in s 3
developer
Defined · s 3“developer” means any person, body of persons, company, firm or society who or which engages in or carries on or undertakes the business of developing or providing moneys for development or purchasing or partly developing and providing moneys for purchasing buildings;
frontager
Defined · s 3“frontager” means the owner of premises fronting on, adjoining, abutting on, or (though not actually so fronting, adjoining or abutting) adjacent or accessible to a street or back-lane or where— (a) 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 (b) in the opinion of the local authority, the use or the right to use is for the advantage or benefit of the land;
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;
premises
Defined · s 3“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;
Part IV
Back-Lanes
Part V
Buildings
Part VI
Miscellaneous
Part VII