Malaysia legislation

Section 5

of State Roads Ordinance, 1994

Section 5

(1A)

An appropriate authority shall not grant any approval under subsection (1) without complying with any direction in respect of such matters issued by the State Planning Authority pursuant to section 229(1)(f) of the Land Code [Cap. 81 (1958 Ed.)].

[Ins. Cap. A119.]

(2)

Any damage caused to any State road by any person carrying out any of the works stipulated in subsection (1) shall be made good by him and if he fails to do so, the appropriate authority shall be entitled to remedy such damage and all costs and expenses thereby incurred by the appropriate authority may be recovered from the person causing such damage, as a civil debt.

(3)

Any person who—

(a)

constructs and maintains a fire hydrant on any State road; or

(b)

builds, lays or places any water or gas mains, sewerage pipes, electricity or telephone transmission lines or facilities under any State road, shall upon request—

(i)

furnish the appropriate authority, a plan and specification showing the precise location; or

(ii)

designate by such signs or markings as may be approved by the appropriate authority indicating the precise level or direction, of any act done or work executed on any State road in respect of such hydrant mains, sewer, transmission lines or facilities within fourteen

(14)

days from the date of receipt of such request.

(4)

The appropriate authority may, for the purposes of repairing, upgrading or improving any State road or bridge, require any person at his own costs and expense to relocate, shift or remove any fire hydrant, water or gas mains, sewerage pipes, electricity or telephone transmission lines or facilities which he has installed, built, laid or placed on, beside or under that State road or bridge.

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(5)

Any person who—

(a)

lays, places, constructs or erects any fire hydrant, water or gas mains, sewerage disposal pipes, electricity or telephone lines, poles, pylons or structure on any State road without the approval of the appropriate authority;

(b)

fails to comply with the request of the appropriate authority made under subsection (3) or (4); or

(c)

furnishes to the appropriate authority a plan under subsection (3) containing any information which he knows or has reason to believe is false or inaccurate, shall be guilty of an offence: Penalty—

(i)

in the case of a first offence, a fine of fifteen thousand ringgit;

(ii)

in the case of a second or subsequent offence, a fine of two hundred thousand ringgit.

Power to authorize concessionaire to collect toll