Malaysia legislation
Section 11
Section 11
Interference with drainage works
(a)
blocks up or obstructs any drainage work or causes any drainage work to be blocked up or obstructed;
(b)
encroaches on any drainage work;
(c)
places any fish trap in any drainage work;
(d)
breaches or cuts through the banks or sides of any drainage work;
Drainage Works 9
(e)
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;
(f)
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
(g)
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.
(2)
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.
(3)
The officer in charge of any drainage area may, by notice in writing, require the owner or occupier of any land within such area within such time as may be specified in the said notice, not being less than fourteen days from the date of service of the said notice upon the person concerned, to take such steps in regard to any tree or other vegetation on such land as may be necessary to ensure that no fruit, leaves, tree branches, tree trunks or other vegetation shall grow across or fall into any drainage work.
(b)
If default shall be made in complying with such notice within the time specified therein, the officer in charge of the drainage area may enter upon such land and cause such action to be taken as is required by such notice and may recover the cost of, and all expenses incurred in doing, any necessary work from the said owner or occupier in any court of competent jurisdiction.
(c)
Service of any notice under this subsection may be effected in the same manner as service of a notice may be effected under the National Land Code [Act 56 of 1965].
Construction of unauthorized drains