Street, Drainage and Building Act 1974 · Updated to 31 Dec 2019 · Part III · Drains
53. Local authority to repair and alter and may discontinue surface and storm water drains, etc.
Official textFrom Laws of Malaysia Online, unchanged
The local authority shall maintain and keep in repair and, as it sees fit, enlarge, alter, arch over or otherwise improve all or any of the surface and storm water drains, culverts, gutters, and water-courses under the control of the local authority and may discontinue, close up or destroy such of them as it deems useless or unnecessary:
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 the local authority shall before entering any private property for the purpose of carrying out any work under this subsection, give reasonable notice in writing in that behalf, and shall in carrying out such works do as little damage as may be and shall make full compensation for any damage done.
Not to cause nuisance
nuisance
“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;
The discontinuance, closing up or destruction of any of them shall be done as not to create a nuisance.
66 Laws of Malaysia ACT 133
If by reason thereof or of any such alteration as hereinbefore mentioned any person is deprived of the lawful use of any surface and storm water drains, culvert, gutter or water-course, the local authority shall with due diligence provide some other as effectual as the one of which he is so deprived.
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;
nuisance
Defined · s 3“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;
person
Defined · s 3“person” includes a company, a partnership, a body of persons and a corporation sole;
Part IV
Back-Lanes
Part V
Buildings
Part VI
Miscellaneous
Part VII