Street, Drainage and Building Act 1974 · Updated to 31 Dec 2019 · Part IV · Back-Lanes
66. State Authority may order back-lanes to be laid out
Official textFrom Laws of Malaysia Online, unchanged
The State Authority may at any time on the recommendation of the local authority, order that a back lane of a width not exceeding forty feet shall be laid out through any lands.
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;
76 Laws of Malaysia ACT 133
The lands specified in the order made under subsection (1) may be acquired for purpose of providing such back-lane and the local authority may request the State Authority to acquire such lands in accordance with any law relating to the compulsory acquisition of land.
back-lane
“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.
Specification of additional land in the order
Any land which, in the opinion of the State Authority, may be required to be acquired by it under the provisions of subsection (4)
or (5) or which abuts on or is near to the site of the back-lane may be specified in the order made under subsection (1) in addition to the land required for the site of the back-lane.
Acquisition of whole building if part rendered useless
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;
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.
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;
Part V
Buildings
Part VI
Miscellaneous
Part VII