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Section 30

Seashore and riverine holdings

of National Land Code (Penang and Malacca Titles) Act 1963

ActIn forceProvision 30 of 130
Section 30

(1)

Where the boundaries of a holding abutting on any part of the foreshore or the bank of any river have not been surveyed by right-lines immediately before the appointed day, then such boundaries shall be deemed to follow the line of any survey traverse made by or on behalf of the Director of Survey before the appointed day for the purpose of determining the line of such foreshore or bank

(being a traverse which immediately before the appointed day was still effective for that purpose):

Provided that—

(a)

where no such traverse exists the Director shall order that such boundaries be surveyed by right-lines as soon as may be after the appointed day; and

(b)

where a revetment, sea wall, river wall or other permanent structure has been lawfully built prior to the appointed day along the line of the foreshore or bank the boundary of the holding shall (unless such boundary shall operate to the disadvantage of the proprietor of such holding) be deemed to follow the line of such permanent structure and such line shall, if this has not

30 Laws of Malaysia ACT 518

already been done on the appointed day, be confirmed by survey as soon as may be thereafter.

(2)

Where any permanent works or improvements for the purpose of lawfully diverting water from any river have prior to the appointed day lawfully been constructed by the proprietor of any holding abutting on the bank of any river and such works or improvements were in use on the appointed day, the land upon which such works or improvements were constructed shall be included within the boundaries of such holding.

(3)

Any person aggrieved by the determination of any boundary under subsection (1) or (2) on the ground that the survey traverse referred to therein does not follow the course of any foreshore or bank or that permanent works or improvements have been excluded from the boundaries of a holding may at any time before the title to such holding has become indefeasible pursuant to Part VII apply to the Director under section 28.