Malaysia legislation

Section 48

of Local Government Ordinance 1961

Section 48

(1)

Subject to the consent of the Yang di-Pertua Negeri and to the provisions of any law relating to water rights, an Authority may divert, straighten, define and canalise the course of any canal, drain stream or water-course in any urban area after giving public notice of such scheme and may make payment of compensation to any owner or occupier of land, and to any person entitled to any rights or easements attaching to land, abutting on such stream or watercourse:

Provided that in arriving at the amount of any compensation payable under this subsection regard shall be had to the enchanced or improved value, immediate or prospective, which shall or may accrue to any such land by reason of the carrying out of the said purposes or any of them. The amount of such compensation shall, in default of agreement, be fixed under the provisions of the Land Acquisition Ordinance [Cap. 69.] in such a case and shall be paid by the Authority.

(2)

Any application for the consent of the Yang di-Pertua Negeri under the provisions of subsection (1) shall include a schedule of any land the acquisition of which may be necessary for any scheme under the provisions of this subsection and upon granting consent the Yang di-Pertua Negeri may acquire such land under the provisions of the Land

Acquisition Ordinance [Cap. 69.]:

Provided that any compensation an expenses payable by the Government in respect of such acquisition shall be repaid by the Authority.

35

Functions.