Street, Drainage and Building Act 1974 · Updated to 31 Dec 2019 · Part VI · Miscellaneous
98. Power of any authority to enter on lands adjacent to works
Official textFrom Laws of Malaysia Online, unchanged
Any local authority may, by its officers, employees, agents or contractors, enter upon any land adjoining to or being within the distance of one hundred yards of any works by this Act authorized to be made, for the purpose of depositing upon such land any soil, gravel, sand, lime, brick, stone or other materials or for any other purposes connected with the formation of the said works without making any previous payment, tender or deposit, doing as little damage as may be in the exercise of the several powers hereby granted and making compensation for such temporary occupation or temporary damage of the said land two the owner and occupier thereof from time to time and as often as any such temporary occupation is taken or any such temporary damage done and making compensation to the owner also for the permanent injury, if any, to such land.
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;
If any dispute arises touching on the amount or apportionment of such compensation, the same shall be settled in the manner hereinafter provided.
Before any local authority makes any such temporary use as aforesaid of the land adjoining or lying near to the said works, it shall give seven days’ notice of its intention to the owners or occupiers of such land and shall set apart by sufficient fences so much of the land as is required to be used as aforesaid from the other land adjoining thereto.
Terms defined in s 3
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;
occupier
Defined · s 3“occupier” means the person in actual occupation of the land or building in respect of which the word is used, or having the charge, management or control thereof either on his own account or as agent of another person, but does not include a lodger;
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;