Malaysia legislation
Section 89
Section 89
The following shall be deemed to be nuisances liable to be dealt with in the manner provided by this Part
(a)
any vehicle in such a state or condition as to be prejudicial to health;
(b)
any unlawful obstruction in any street, road, track, path, harbour, lake, river or channel lawfully used by the public;
(c)
any tank, well or excavation dangerous to the public by virtue of being in an unfenced or insufficiently fenced condition;
(d)
any building or part thereof which is of such construction or in such a state or so situated or so dirty or so verminous or so damp as to be likely to be prejudicial to health or which is liable to favour the spread of any infectious disease;
(e)
any street, road, track, path or any part thereof, or any stream, pool, ditch, gutter, watercourse, sink, watertank, cistern, water-closet, earth-closet, privy, urinal, cesspool, soak-away pit, septic tank, cesspit, soil-pipe, waste-pipe, drain, sewer, garbage-receptacle, dustbin, dung-pit, refuse-pit, slop-tank, soak-pit or manure-heap, so foul or in such a state or so situated or constructed as to be offensive or to be likely to be prejudicial to health;
(f)
any growth of weeds, long grass, tree, undergrowth, hedge, bush or
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vegetation of any kind which is, or is liable to be, prejudicial to health;
(g)
any source of water supply or any cistern or other receptacle for water, whether public or private, the water from which is used or is likely to be used by human beings for drinking or domestic purposes, or in the manufacture or preparation of any food or drink which is in a condition liable to render any such water prejudicial to health;
(h)
any noxious matter or waste water, flowing or discharged from any premises, wherever situated, into any public street or road, or into the gutter or side channel of any street or road not provided for the reception of such discharge;
(i)
any collection of water, sewage, refuse or other fluid or solid substance, or any cesspit, latrine, urinal or ash-pit, which is in such a state or so situated, constructed or maintained as to permit, or be liable to permit, the breeding or development of any of the lifestages of mosquitoes, flies, helminths or other insects or parasites which may convey or cause diseases of human beings or domestic animals;
(j)
any stable, cowshed or other buildings used for keeping of animals or birds which is so constructed, situated or maintained as to be offensive, or which is prejudicial to health;
(k)
any animal which is so kept or is in such a condition as to be offensive or prejudicial to health;
(l)
any accumulation or deposit of refuse, offal, manure or other matter whatsoever which is offensive or which is prejudicial to health;
(m)
any accumulation of stones, timber or other material of any nature whatever if such is likely to harbour rats or other vermin;
(n)
any premises in such a state or condition or any building so constructed as to harbour or be likely to harbour rats or other vermin;
(o)
any dwelling, trade premises or other building which is so overcrowded as to be prejudicial to health of the inmates, or which is dilapidated or defective in lighting or ventilation;
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(p)
any public or other building or tree which is so situated, constructed, maintained or used as to be unsafe or prejudicial to health;
(q)
any building or dwelling capable of occupation for which such a proper, sufficient and wholesome water supply is not available within a reasonable distance as in the circumstances it is possible to obtain;
(r)
any trade premises not kept in a sanitary state and free from offensive smell arising from any drain, privy, water-closet, earth-closet or urinal, or in which suitable and adequate arrangements are not made to destroy or render harmless and inoffensive as far as practicable any gases, vapours, dust or other impurities generated;
(s)
any trade premises causing or giving rise to smell or effluvia which are offensive or prejudicial to health;
(t)
any area of land kept or permitted to remain in such a state as to be offensive, or liable to cause any infectious or preventable disease;
(u)
any chimney sending forth smoke in such quantity or in such a manner as to be offensive or prejudicial to health;
(v)
any cemetery, burial place or crematorium which is so situated or maintained as to be offensive or prejudicial to health;
(w)
any gutter, drain, stack-pipe, down-spout, water-tank or cistern which by reason of its insufficiency or its defective condition causes damp in any building;
(x)
any deposit of material in or on or alongside any building which causes damp in any building;
(y)
any dwelling, public building, trade premises or workshop not provided with sufficient and sanitary latrines;
(z)
any other nuisance which the Minister may by order declare to be a nuisance for the purpose of this Part.
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Duty of local authority to prevent nuisances.