DRAINAGE WORKS ACT 1954

This Act shall apply to the States of *Peninsular Malaysia only.

Interpretation

The appropriate authority may in like manner cancel any such notification, or extend or otherwise vary the boundaries of any drainage area, or exclude therefrom land previously included therein.

Appointment of Drainage Board

Every such Board shall consist of a Chairman, appointed by the appropriate authority, the officer in charge of the drainage area and such public servants and other persons as the appropriate authority may appoint.

Every such appointment shall cease and determine at the expiration of the year in respect of which the same is made.

All questions at meetings of the Board shall be determined by the majority of the members personally present and voting and in the event of an equality of votes the Chairman shall have a casting vote.

The Board may make rules for the conduct of its proceedings.

Declaration of intention to constitute or vary drainage area

Within one month from the publication of any such notification in the Gazette the owner or occupier of any land included in such notification may object to the Chairman of the Board in writing, stating the grounds of his objection.

The Board shall consider the objection and may, if it thinks fit, allow the objector to appear in person or by his advocate and state his case.

The Chairman shall forward to the appropriate authority the recommendations of the Board with regard to any objection.

Board to make recommendations

extensions of or alterations in the boundaries of the drainage area;

additions to or the improvement of existing drainage works;

proposals for new drainage works;

the use, if disputed, of any drainage works the cost whereof is to be met by a drainage rate;

the letting of contracts or issue of indents for the construction of drainage works, for which purpose the

Board may require to be supplied with such plans and specifications as may be necessary for the proper understanding of the nature of the work to be undertaken;

any other matter as to which the appropriate authority may request the views of the Board.

Appropriate authority not bound by recommendations of Board

Any drainage rate shall be in addition to any rate, assessment or other liability imposed on any land within a drainage area by the terms of the document of title under which such land is held or under any other written law.

Remission of rate in certain cases

blocks up or obstructs any drainage work or causes any drainage work to be blocked up or obstructed;

encroaches on any drainage work;

places any fish trap in any drainage work;

breaches or cuts through the banks or sides of any drainage work;

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opens, closes or otherwise tampers with any sluice, water gate, regulator, pipe, bench mark, water gauge or other work forming part of such drainage work;

suffers or permits fruit, leaves, tree branches, tree trunks or other vegetation to grow across or fall into any drainage work or fails to take adequate steps to prevent the same;

or

leads any animal, or suffers or permits any animal to stray upon, the banks or sides of any drainage work, shall be liable to imprisonment for six months or to a fine of five hundred ringgit or to both.

Where the land of any person is benefited by reason of any interference with any drainage work the onus shall be on such person of proving that he did not so interfere or cause such interference.

Such licences shall be valid only till the 31st day of December, or, in the State of Kedah, the last day of Zulhijjah, of the year in which they have been issued, and the licence fee shall be one ringgit in respect of each sampan or craft.

The officer in charge of any drainage area may give permission in writing to bring within the drainage area and to use therein, any craft not mechanically propelled, which has been licensed under any other written law.

Any person who shall bring into any drainage area, or use therein, any unlicensed craft, or any craft licensed under any other written law in respect of which permission in writing has not previously been obtained under subsection (3), shall commit an offence.

Any person who, without previously having obtained permission in writing from the officer in charge of any drainage area—

Any person convicted of an offence under this section shall be liable to imprisonment for three months or to a fine of two hundred ringgit or to both.

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Officer-in-charge of a drainage area

to prescribe the manner of determining the drainage rate to be imposed on any lands;

to prescribe the manner of collecting amounts accrued due in respect of any drainage rate;

generally to give effect to this Act.

Power to arrest

On payment of such sum of money no further proceedings shall be taken against such person in relation to the offence for which such composition has been accepted.

Right of access

any appointment made under any of the Enactments hereby repealed shall be deemed to have been made under this

Act;

any declaration, rate or rule made or imposed under any of the Enactments hereby repealed shall continue in force as if it had been made or imposed under this Act and may be revoked or varied in the same manner as if it had been made or imposed thereunder.

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