Street, Drainage and Building Act 1974 · Updated to 31 Dec 2019 · Part IV · Back-Lanes
65. Local authority may acquire land for part of back-lane
Official textFrom Laws of Malaysia Online, unchanged
Where upon the submission of a plan relating to a building for the approval of the local authority it appears that the site thereof or any land set apart by the principal submitting person abuts upon any land capable of forming part of a back-lane, the local authority may, request the State Authority to acquire such last mentioned land, in
building
“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;
Street, Drainage and Building 75
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;
accordance with any law relating to the compulsory acquisition of land:
Provided that no land shall be acquired under this subsection the acquisition of which would cause a severance of land from other land forming part of the same holding.
Acquisition of whole building if part rendered useless
Where the acquisition under this section of any portion of a building affixed to a holding renders useless the remainder of such building, the State Authority shall, if the owner so requires, acquire the remainder of the holding of which such building forms a part.
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;
Acquisition of whole holding in certain circumstances
Where the acquisition under this section of any portion of a holding having no building affixed to that portion or to the remainder of the holding, would render useless as a building site the remainder of the holding the State Authority shall, if the owner so requires acquire the remainder of the holding.
Compensation where setting apart causes severance
In cases where a setting apart would cause a severance of land belonging to the owner from other land forming part of the same holding, then if the lesser portion of the land so severed has been rendered useless as a building site on account of the severance the State Authority shall if the owner so requires acquire such lesser portion.
Terms defined in this Act
back-lane
Defined · s 69“back-lane” includes every back-lane whether now or hereafter existing and part thereof and any approach thereto and all land already or hereafter acquired or set apart for or laid out as a back lane and all channels, drains and appurtenances of a back-lane.
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;
principal submitting person
Defined · s 3“principal submitting person” means a qualified person who submits building plans to the local authority for approval in accordance with this Act or any by-laws made thereunder and includes any other qualified person who takes over the duties and responsibilities of or acts for the first-mentioned qualified person;
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 V
Buildings
Part VI
Miscellaneous
Part VII