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STREET, DRAINAGE AND BUILDING ACT 1974
ACT 133

PART III - DRAINS
51. Local authority may recover cost of improving and making drains etc.
52. Prohibition against building unless provision made for drains, etc. and compliance with any notice or order.
53. Local authority to repair and alter and may discontinue surface and storm water drains, etc.
54. Cleansing and emptying surface and storm water drains, etc.
55. Penalty for making unauthorised drains into public canal or stream.
56. Rain-water pipes not to be used as soil-pipes.
57. Water pipes, etc., not to be used as ventilating shafts.
58. Interpretation.
59.  Local authority may require removal or alteration of urinals.
60. (Deleted).
61. Ventilating pipes to sewers.
62. (Deleted).
63. (Deleted).
64. (Deleted).

PART III
DRAINS

51. Local authority may recover cost of improving and making drains etc.

(1) Where the local authority has made such main or has made such surface or storm water drains, culverts, gutters and water-courses, it may recover the cost of constructing and making such surface or storm water drains, culverts, gutters and water-courses, including the cost of acquiring any land or of any compensation paid in the course of such works.

(2) Such cost shall be paid by the persons who are frontagers when the work is completed.

(3) Notwithstanding subsection (2) the local authority may, with the approval of the State Authority, if satisfied that by any proposed development in any area existing surface or storm water drains, culverts, gutters or water-courses will have to be improved, require any developer in that area to deposit such sum as may be apportioned by the local authority as if such developer were a frontager before proceeding to develop that area:

Provided that the developer may, if the local authority so agrees, instead of depositing a sum of money give a security to the satisfaction of the local authority.

(4) In determining the respective amounts to be paid by the frontagers or developers, the local authority may take into consideration -

(a) the area of their respective premises;

(b) the use to which their respective premises will be put;

(c) the condition of the land, before, during and on completion of development;

(d) the degree of benefit to be derived by those premises from the construction of such surface or storm water drains, culverts, gutters and water-courses;

(e) where any section of such surface or storm water drains, culverts, gutters and water-courses has previously been constructed, the amount and value of such works executed by the frontager or developer;

(f) the cost of the premises voluntarily surrendered by the owners to the local authority; and

(g) any other matters which in the opinion of the local authority are relevant and proper to be considered.

(5) If the frontager or developer is dissatisfied with such apportionment of costs, he may within a period of one month of the receipt of the notice appeal to the State Authority whose decision shall be final and shall not be subject to any appeal or review in any court.

52. Prohibition against building unless provision made for drains, etc. and compliance with any notice or order.

(1) No person shall erect upon any premises any building, rebuild any building which has been pulled down to or below ground floor or occupy any building so newly-built or rebuilt unless surface or storm water drains, culverts, gutters and water-courses of such specification as may be prescribed by the local authority, are provided on such premises to carry off waters other than sewage.

(2) If it appears to the local authority that a group or block of premises, whether contiguous, adjacent, detached or semi-detached should be drained in combination, the local authority may order that the waters other than sewage from such group or block of premises shall be carried off by a combined operation.

(3) Where it appears to the local authority that any such drains, culverts, gutters and water-courses require altering, enlarging, repairing or cleansing, it may by notice served on the owner or owners of the premises require him to effect such works.

(4) Any person who contravenes subsection (1) or fails to comply with the requirements of any notice or order shall be liable on conviction to a fine not exceeding two thousand ringgit and shall also be liable to a further fine not exceeding one hundred ringgit for every day that the offence is continued after conviction.

(5) Where any person being required under the foregoing subsections fails to provide such drains, gutters, culverts or water-courses or fails to comply with any notice or order under this section, the local authority may enter into his premises and execute such works and the cost and expenses of such works shall be recoverable by the local authority in the manner hereinafter provided.

53. Local authority to repair and alter and may discontinue surface and storm water drains, etc.

(1) The local authority shall maintain and keep in repair and, as it sees fit, enlarge, later, arch over or otherwise improve all or any of the surface and storm water drains, culverts, gutters, and water-courses under the control of the local authority and may discontinue, close up or destroy such of them as it deems useless or unnecessary:

Provided that the local authority shall before entering any private property for the purpose of carrying out any work under this subsection, give reasonable notice in writing in that behalf, and shall in carrying out such works do as little damage as may be and shall make full compensation for any damage done.

Not to cause nuisance.

(2) The discontinuance, closing up or destruction of any of them shall be done as not to create a nuisance.

(3) If by reason thereof or of any such alteration as hereinbefore mentioned any person is deprived of the lawful use of any surface and storm water drains, culvert, gutter or water-course, the local authority shall with due diligence provide some other as effectual as the one of which he is so deprived.

54. Cleansing and emptying surface and storm water drains, etc.

(1) The local authority shall cause the surface and storm water drains, culverts, gutters and water-courses under the control of the local authority to be so constructed, maintained and kept as not to be a nuisance or injurious to health and to be properly cleared, cleansed and emptied and, for the purpose of flushing, cleansing and emptying the same, it may construct and place, either above or under ground, such reservoirs, sluices, engines and other works as are necessary:

Provided that the local authority shall, before entering any private property for the purpose of carrying out any work under this subsection, give reasonable notice in writing in that behalf, and shall in carrying out such work do as little damage as may be and shall make full compensation for any damage done.

(2) The local authority may, with the sanction of the State Authority, cause all or any of such surface and storm water drains, culverts, gutters and water-courses to communicate with and be emptied into the sea or other fit place, or may cause the refuse from the same to be conveyed by a proper channel to the most convenient site for its deposit, and may sell or otherwise dispose of the said refuse for any agricultural or other purposes as are deemed expedient so that it shall not become a nuisance.

55. Penalty for making unauthorised drains into public canal or stream.

(1) Any person who without the prior written permission of the local authority -

(a) makes or causes to be made any drain into any of the drains or into any canal or stream under the control of the local authority;

(b) closes up stops or deviates any drains,

shall be liable on conviction to a fine not exceeding one thousand ringgit, and a Magistrate's Court on the application of the local authority, shall make a mandatory order requiring the owner to demolish, alter, re-make or otherwise deal with such drain as the Court thinks fit.

Water closets and trade effluent not to communicate with river, etc., without approval.

(2) No water-closet or privy shall be allowed to communicate with any river, canal, stream, pond, lake, sea or with any public surface or storm water drain without the prior written permission of the local authority responsible for such drain or sewer or, in any other case, without the consent of the State Authority.

(3) No trade effluent shall be discharged into or allowed to communicate with any river, canal, stream, pond, lake, sea or with any public surface or storm water drain without the prior written permission of the local authority responsible for such drain or sewer or, in any other case, without the consent of the State Authority and the local authority or the State Authority may impose conditions to such permission.

Penalty.

(4) Any person who sends, causes or permits to be discharged or sent into or along any river, canal, stream, pond, lake, sea or into or along any public surface or storm water drain any night-soil or excrementitious matter contrary to subsection (2) or any trade effluent contrary to subsection (3) or contrary to any conditions imposed in the permission granted shall be liable on conviction to a fine not exceeding one thousand ringgit for each offence and a Magistrate's Court shall on the application of the local authority or of the State Authority as the case may be make a mandatory order requiring the owner to take such steps as the Court thinks fit to prevent any such communication or discharge.

56. Rain-water pipes not to be used as soil-pipes.

(1) No pipe used for the carrying off of rain water from any roof shall be used for the purpose of carrying off the soil or drainage from any privy or water-closet or any sullage water.

(2) Any person who contravenes subsection (1) shall be liable on conviction to a fine not exceeding five hundred ringgit and shall also be liable to a further fine not exceeding one hundred ringgit for every day during which the offence is continued after conviction.

57. Water pipes, etc., not to be used as ventilating shafts.

(1) No water-pipe, stack-pipe or down spout used for conveying surface water from any premises shall be used or be permitted to serve or to act as a ventilating shaft to any drain or sewer.

(2) Any person who contravenes subsection (1) shall be liable on conviction to a fine not exceeding five hundred ringgit and shall also be liable to a further fine not exceeding one hundred ringgit for every day during which the offence is continued after conviction.

58. Interpretation.

(1) In this section, unless there is something repugnant in the subject or context -

"closet accommodation" , "sink accommodation" and "urinal accommodation" include respectively a receptacle for human excreta, for slops or waste house-hold refuse or liquids and a receptacle for urine, together, in each case, with the structure comprising such receptacle and the fittings and apparatus connected therewith;

"bathroom accommodation" includes the bath or receptacle for water together with the structure or room or enclosure adapted or used for personal bathing or ablution and the fittings and apparatus thereof and therein or connected therewith;

"water-closet" and "urinal" mean respectively closet and urinal accommodation used or adapted or intended to be used in connection with the water carriageway system and comprising provision for the flushing of the receptacle by means of a fresh water supply, and having proper communication with a sewer;

"sink" and "bathroom" mean respectively sink and bathroom accommodation used or adapted or intended to be used in connection with a permanent water supply and having proper communication with a sewer;

"a sufficient water supply and sewer" means a water supply and sewer which are sufficient and reasonably available for use in or in connection with the efficient flushing and cleansing of and the efficient removal of excreta and urine from such number of proper and sufficient water-closets and urinals as in pursuance of this section may be required to be provided in any particular case or in connection with a sink or bathroom, and a sewer shall be deemed reasonably available for use which is within one hundred feet of the boundary of the premises in which is situated the house in respect of which closet, sink, urinal, or bathroom accommodation is to be provided.

Supply of water to closets and urinals.

(2) Where there is a sufficient water supply and sewer the local authority may by written direction to a submitting person, require such house or building to be provided with such number of proper and sufficient waterclosets, urinals, sinks, and bathrooms as in the circumstances of the case are in the opinion of the local authority necessary and such water closets, urinals, sinks, and bathrooms shall be communicated to the sewer.

(3) Where there is a sufficient water supply but no sewer, the local authority may by written direction to a submitting person, require such house or building to be provided with either -

(a) such number of proper and sufficient water-closets, urinals, sinks and bathrooms together with a system for the purification of sewage as and of a type which in the opinion of the local authority the circumstances of the case render necessary and which complies with the Sewerage Services Act 1993; or

(b) such number of chemical closets of a type approved by the local authority as the local authority thinks fit.

(4) Any person who fails to comply with any requirement of the local authority under subsection (2) or (3) shall be liable on conviction to a fine not exceeding one thousand ringgit and shall also be liable to a further fine not exceeding one hundred ringgit for every day during which the offence is continued after conviction.

Sufficient supply of closet, sink, accommodation, etc.

(5) If the local authority is satisfied that insufficient closet, sink, urinal or bathroom accommodation has been provided at or in connection with any house or building, the local authority may, by written notice to the owner or owners of the house or building require such house or building to be provided with such proper and sufficient closet, sink, urinal and bathroom accommodation as in the opinion of the local authority is necessary.

(6) If the owner or owners or such house or building fail to comply with any requirement of the local authority under subsection (5) the local authority may, at the expiration of a period of time which shall be specified in the notice and which period shall not be less than thirty days after the service of the notice, do the work required by the notice and may recover from the owner or owners the expenses incurred in so doing.

When the owners must provide water-closets, etc.

(7) Where there is a sufficient water supply and sewer, the local authority may by written notice require the owner or owners of any house or building to provide in or adjacent to such house or building such water-closets, sinks, urinals and bathrooms as in the opinion of the local authority are necessary.

(8) If the owner or owners of such house or building fail to comply with any requirement of the local authority under subsection (7) the local authority may, at the expiration of a period of time which shall be specified in the notice and which period shall not be less than thirty days after the service of the notice, do the work required by the notice and may recover from the owner or owners the expenses incurred in so doing.

Communication of water-closets etc., with sewer may be effected at the expense of the local authority.

(9) (Deleted).

Water-pipe to be affixed to water-closets etc., in certain houses.

(10) In the cases mentioned in subsections (5) and (7) where the house or building in question is not provided with a supply of water for domestic purposes the local authority may provide, fix and install to or for the house or building, water pipes leading from the public water mains to the water-closets, urinals, sinks and bathrooms and provide, fix and install such water fittings as it shall think necessary and the expenses and costs of so doing shall be payable by and be recoverable from the owner or owners of the house or building.

(11) In any case where, in accordance with subsection (10), the local authority has provided, fixed and installed to or for a house or building water pipes and fittings the local authority may enter into a contract with the relevant authority in charge of the supply of water to such house or building and the occupier of such house or building shall pay to the local authority for the water consumed therein or thereat at such rate as the local authority shall at its discretion in writing order and the order or a copy thereof duly certified as a true copy of such order shall be served upon the occupier within one month of such order being made and save as provided above the occupier shall be deemed to be the consumer with respect to the supply of water, and such order may require the occupier to pay a minimum monthly charge as determined by the local authority whether or not the occupier consumes the water so provided during any month.

Water-closet to be removed and replaced at the expense of owner.

(12) The local authority may at any time give notice in writing to the owner of any house or building in which any water-closet or any fittings or apparatus connected with any water-closet has been provided whether under subsection (2), (3), (5) or (7) or otherwise requiring such owner to remove any such water-closet or any fittings or apparatus connected therewith and to replace the same by another water-closet or by other fittings or apparatus at such owner's expense, and if the owner of such house or building fails to comply with any requirement of the local authority under this subsection the local authority may at the expiration of any period specified in the notice, which shall not be less than thirty days from the service thereof, do the work required by the notice and recover from the owner of such house or building the expense incurred in so doing.

Water-closets etc. to be maintained etc. at the expense of owner.

(13) All water-closets, urinals, sinks and bath-waste water fittings including those provided under subsection (2), (3), (5) or (7) shall be maintained, repaired and renewed by the owner of the house or building at his expense:

Provided that the cost of any repairs or renewals rendered necessary by reason of any damage negligently or wilfully done to any water-closet, urinal, sink or bath-waste water fittings by the occupier of the house or building shall be recoverable by the owner from such occupier.

Local authority may require drain, etc. to be put in good order.

(14) The local authority may by notice require the owner or owners of any building or land on which is situated any drain, urinal, watercloset, sink or bathroom which is not properly maintained or repaired or renewed to have such drain, urinal, water-closet, sink or bathroom to be repaired, or renewed or put in proper order and if the owner or owners fail to comply the requirements of the local authority, the local authority may at the expiration of the period of time specified in the notice do the work required in the notice and may recover from the owner or owners the expenses incurred in so doing.
 

59.  Local authority may require removal or alteration of urinals.

(1) If any urinal or other sanitary convenience opening on any street is so placed or constructed as to be a nuisance or offensive to public decency, the local authority may, by notice in writing, require the owner to remove or alter it to the satisfaction of the local authority and within such period as may be fixed by the local authority.

Urinals or water-closets to be attached to refreshment houses etc.

(2) Where any public house, eating-house, refreshment room, theatre, cinema, exhibition or place of public entertainment has no urinal or water-closet or insufficient urinals or water-closets belonging or attached thereto, the local authority may, by notice in writing, require the owner of the premises to provide and maintain thereon one or more suitable urinals or water-closets in a suitable position.

(3) Any owner who fails to comply with a notice under this section within such period as is specified therein shall be liable on conviction in respect of each offence to a fine not exceeding one thousand ringgit and shall also be liable to a further fine not exceeding one hundred ringgit for every day during which the offence is continued after expiry of the period specified in the notice.

60. (Deleted).

61. Ventilating pipes to sewers.

(1) The local authority may erect or fix to any building such pipes as are necessary for the proper ventilation of the drains and sewers belonging to it.

(2) Such pipes shall be erected so as not to occasion any nuisance or inconvenience to such building or any building in the neighbourhood.

62. (Deleted).

 

63. (Deleted).

64. (Deleted).

> PART I; PART II; PART III; PART V; PART VI; PART VII; PART VIII

 

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