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Section 7

Prohibition of diversion of water from rivers, except under licence

of Waters Act 1920

ActIn forceProvision 7 of 18
Section 7
(1)

Save as may be expressly authorized under the provisions of any other law no person shall, except under and in accordance with the terms of a licence

8 Laws of Malaysia ACT 418

under this Act, by means of any ditch, drain, channel, pipe, or otherwise divert water of any river from its natural course.

(2)

Whenever any such diversion shall have been made, the occupier or occupiers of the lands (if any) benefited by such diversion shall, in the absence of proof to the contrary, be presumed to have made it.

(3)

Licences to divert water from a river in any State for use in the generation of electricity may be granted by the State Authority of such State.

(4)

Licences to divert water from a river in any district for use:

(a)

for private or domestic purposes;

(b)

in the cultivation of rice;

(c)

for industrial and other purposes, may be granted by the District Officer of such district with the approval, in each case falling under paragraph (a) or (c), of the State Authority.

(5)

Every licence granted under this section shall set out the purpose for which the same is granted and shall be for such period and subject to such conditions and restrictions as may be stated therein.