Street, Drainage and Building Act 1974 · Updated to 31 Dec 2019 · Part II · Streets
8. Local authority may recover cost of new street or of widening, opening, etc., of public street
Official textFrom Laws of Malaysia Online, unchanged
When the local authority has made a new street or has widened, opened, enlarged or otherwise improved a public street, it may, with the approval of the State Authority, recover the cost of acquiring the land for, and of—
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;
constructing the new street; or
widening, opening, enlarging or otherwise improving the public street,
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from the developer concerned or the frontagers or both.
If such sum is to be paid by the developer, it may be recovered from the developer.
developer
“developer” means any person, body of persons, company, firm or society who or which engages in or carries on or undertakes the business of developing or providing moneys for development or purchasing or partly developing and providing moneys for purchasing buildings;
If such cost is to be paid by the frontagers, the persons who are the frontagers when the work is completed shall be liable and the sum shall be recoverable in the manner hereinafter provided.
In determining the respective amounts to be paid by the frontagers or developers the local authority may take into consideration any or all of the following factors:
the frontage of their respective premises;
the area of their respective premises;
the degree of benefit to be derived by those premises from the construction of the street;
where any section of the street has previously been constructed, the amount and value of street works already executed by the frontager;
reasonable charges in respect of surveys and superintendence;
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.
If the frontager or the developer is dissatisfied with the apportionment of costs, he may, within one month of the receipt of the notice of apportionment, appeal to the State Authority whose decision shall be final and shall not be subject to any appeal or review in any court.
frontager
“frontager” means the owner of premises fronting on, adjoining, abutting on, or (though not actually so fronting, adjoining or abutting) adjacent or accessible to a street or back-lane or where— (a) the owner of the premises by himself or his tenant has the right to use or commonly does use the street or backlane as a means of access to or drainage from the premises; and (b) in the opinion of the local authority, the use or the right to use is for the advantage or benefit of the land;
22 Laws of Malaysia ACT 133
The local authority may exempt any frontager or class of frontagers from payment of the whole or part of the cost of the street works.
street works
“street works” includes work of sewering, levelling, paving, metalling, flagging, kerbing, channelling, draining, lighting, laying of water, gas or electricity services and otherwise the making good a street or part of a street;
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;
developer
Defined · s 3“developer” means any person, body of persons, company, firm or society who or which engages in or carries on or undertakes the business of developing or providing moneys for development or purchasing or partly developing and providing moneys for purchasing buildings;
frontager
Defined · s 3“frontager” means the owner of premises fronting on, adjoining, abutting on, or (though not actually so fronting, adjoining or abutting) adjacent or accessible to a street or back-lane or where— (a) the owner of the premises by himself or his tenant has the right to use or commonly does use the street or backlane as a means of access to or drainage from the premises; and (b) in the opinion of the local authority, the use or the right to use is for the advantage or benefit of the land;
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;
public street
Defined · s 3“public street” means any street over which the public has a right of way which was usually repaired or maintained by the local authority before the coming into operation of this Act or which has been transferred to or has become vested in the local authority under this Act or in any other manner;
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;
street works
Defined · s 3“street works” includes work of sewering, levelling, paving, metalling, flagging, kerbing, channelling, draining, lighting, laying of water, gas or electricity services and otherwise the making good a street or part of a street;
Part III
Drains
Part IV
Back-Lanes
Part V
Buildings
Part VI
Miscellaneous
Part VII