Malaysia legislation

Section 15

of Drainage And Irrigation Ordinance 1956

Section 15

(1)

Subsection

(a)

The Executive Officer may, by notice in writing, require the owner or occupier of any land within any drainage or irrigation area to clear the banks or sides of any drainage or irrigation works on such land of any trees, plants or weeds growing thereon or to remove from any land adjoining any drainage or irrigation works any growth or refuse likely to damage such works or harbour rats or other vermin.

(b)

Such notice shall require the owner or occupier to take the necessary action within a certain fixed time, which shall not be less than fourteen days from the date of the service of the notice, and if default is made in complying with the provisions of such notice the Executive Officer may enter upon such land and cause action to be taken as is required by the notice and may recover the cost of so doing from such owner or occupier in any Court of competent jurisdiction.

(2)

Subsection

(a)

The Executive Officer may, by notice in writing, prohibit the owner or occupier of any land within such area from planting any tree or plant on the banks or sides of any drainage or irrigation works on such land or from depositing on any land adjoining any drainage or irrigation works any

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refuse likely to damage such works or harbour rats or other vermin.

(b)

If default is made in complying with the provisions of a notice issued under this subsection the Executive Officer may enter upon such land and cause action to be taken to clear any tree, plant or weed from such banks or sides or to remove any such refuse and may recover the cost of so doing from the said owner or occupier in any Court of competent jurisdiction.

(3)

In cases in which the Executive Officer requires the destruction of, or destroys, valuable trees or plants he shall, unless notice has been issued on a previous occasion under this subsection in respect of the land on which such trees or plants are growing, pay the owner or occupier reasonable compensation for the same; and if the parties fail to agree as to the amount so payable the question shall be referred to the Committee whose decision thereon upon any claim for a sum of less than five hundred ringgit shall be subject to appeal to the Magistrate and in any other case shall be subject to appeal to the High Court.

Compulsory provision of bunds.