Street, Drainage and Building Act 1974 · Updated to 31 Dec 2019 · Part III · Drains
55. Penalty for making unauthorized drains into canal or stream
Official textFrom Laws of Malaysia Online, unchanged
Any person who without the prior written permission of the local authority—
person
“person” includes a company, a partnership, a body of persons and a corporation sole;
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street
“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;
makes or causes to be made any drain into any of the drains or into any canal or stream under the control of the local authority;
closes up stops or deviates any drains;
shall be liable on conviction to a fine not exceeding one thousand ringgit, and a Magistrate’s Court on the application of the local authority, shall make a mandatory order requiring the owner to demolish, alter, re-make or otherwise deal with such drain as the Court thinks fit.
Water closets and trade effluent not to communicate with river, etc., without approval
No water closet or privy shall be allowed to communicate with any river, canal, stream, pond, lake, sea or with any public surface or storm water drain without the prior written permission of the local authority responsible for such drain or, in any other case, without the consent of the State Authority.
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;
No trade effluent shall be discharged into or allowed to communicate with any river, canal, stream, pond, lake, sea or with any public surface or storm water drain without the prior written permission of the local authority responsible for such drain or, in any other case, without the consent of the State Authority and the local authority or the State Authority may impose conditions to such permission.
Penalty
Any person who sends, causes or permits to be discharged or sent into or along any river, canal, stream, pond, lake, sea or into or along any public surface or storm water drain any night soil or excrementitious matter contrary to subsection (2) or any trade effluent contrary to subsection (3) or contrary to any conditions imposed in the permission granted shall be liable on conviction to a fine not exceeding
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one thousand ringgit for each offence and a Magistrate’s Court shall on the application of the local authority or of the State Authority as the case may be make a mandatory order requiring the owner to take such steps as the Court thinks fit to prevent any such communication or discharge.
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;
Rainwater pipes not to be used as soil pipes
Terms defined in s 3
building
Defined · s 3“building” includes any house, hut, shed or roofed enclosure, whether used for the purpose of a human habitation or otherwise, and also any wall, fence, platform, staging, gate, post, pillar, paling, frame, hoarding, slip, dock, wharf, pier, jetty, landing-stage or bridge, or any structure support or foundation connected to the foregoing;
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;
person
Defined · s 3“person” includes a company, a partnership, a body of persons and a corporation sole;
street
Defined · s 3“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;
Part IV
Back-Lanes
Part V
Buildings
Part VI
Miscellaneous
Part VII