Malaysia legislation
Section 40
Section 40
(1)
From the date of the commencement of this Enactment, river reserves and shore reserves are established on land which is—
(a)
in the case of river reserves, within twenty metres of the top of the bank of every river, including its estuary, where the river channel is not less than three metres in width; and
(b)
in the case of shore reserves, within twenty metres of the bed of all coastal waters.
(2)
Subsection (1) does not apply to an artificial watercourse, whether or not the watercourse is the subject of a declaration by the Director under section 66 of this
Enactment.
(3)
River and shore reserves are established for the purpose of protecting the volume or flow of water in water bodies and preventing the degradation of the quality of water resources and damage to the aquatic environment in water bodies.
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(4)
On the recommendation of the Council, the Yang di-Pertua Negeri may, by order published in the Gazette, declare that—
(a)
a river reserve of a specified width is established adjacent to a river whose channel is less than three meters wide;
(b)
a river or shore reserve of a specified width is established adjacent to a water body which is not included in subsection (1); or
(c)
the width of an existing river reserve or shore reserve is increased or decreased.
(5)
Action may not be taken to alienate State land within a river reserve or shore reserve without the prior written consent of the Council.
Power of Director in river and shore reserves.