Malaysia legislation
Section 51
Section 51
(2)
Such cost shall be paid by the persons who are frontagers when the work is completed.
(3)
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:
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.
(4)
In determining the respective amounts to be paid by the frontagers or developers, the local authority may take into consideration—
(a)
the area of their respective premises;
(b)
the use to which their respective premises will be put;
64 Laws of Malaysia ACT 133
(c)
the condition of the land, before, during and on completion of development;
(d)
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;
(e)
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;
(f)
the cost of the premises voluntarily surrendered by the owners to the local authority; and
(g)
any other matters which in the opinion of the local authority are relevant and proper to be considered.
(5)
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.
Prohibition against building unless provision made for drains, etc., and compliance with any notice or order