Street, Drainage and Building Act 1974 · Updated to 31 Dec 2019 · Part IV · Back-Lanes
67. Local authority may recover cost of acquisition for and laying out or construction of back-lanes
Official textFrom Laws of Malaysia Online, unchanged
When the State Authority has acquired such lands as is necessary and the local authority has laid out or constructed a back lane, the local authority may recover the cost of acquiring such 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;
Street, Drainage and Building 77
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;
and of laying out or constructing the back-lane from the frontagers or developers or both.
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.
If such cost is to be paid by the frontagers it shall be paid by the persons who are frontagers when the work is completed.
In determining the respective amounts to be paid by such frontagers or developers, the local authority shall take into consideration—
the frontage of their respective premises to such back-lane;
the area of their respective premises;
the degree of benefit to be derived by those premises from the laying out or construction of such back-lane;
the cost of the premises voluntarily surrendered by the owners to the local authority; and
any other matters which in the opinion of the local authority are relevant and proper to be considered.
Any back-lane laid out or constructed by the local authority shall be maintained by the local authority.
For the purpose of subsections 65(2), (3), (4) and (5), section 66 and this section in relation to the Federal Territory, references to the
State Authority shall be construed as references to the Government of the Federation.
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;
premises
Defined · s 3“premises” includes messuages, houses, buildings, lands, tenements, easements and hereditaments of any tenure, whether open or enclosed, whether built on or not, whether public or private, and whether maintained or not under statutory authority;
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