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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). |
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PART III
DRAINS |
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51. Local authority may recover cost of improving and making drains etc. |
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(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.
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(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. |
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52. Prohibition against building unless provision made for drains, etc. and
compliance with any notice or order. |
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(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. |
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53. Local authority to repair and alter and may discontinue surface and
storm water drains, etc. |
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(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. |
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54. Cleansing and emptying surface and storm water drains, etc. |
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(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. |
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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,
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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. |
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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. |
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56. Rain-water
pipes not to be used as soil-pipes. |
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(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. |
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57.
Water pipes, etc., not to be used as ventilating shafts. |
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(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. |
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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.
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(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. |
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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. |
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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). |
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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. |
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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. |
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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.
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59. Local authority may require removal or alteration of urinals. |
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(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. |
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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. |
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62. (Deleted).
63. (Deleted).
64. (Deleted). |
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PART I; PART II;
PART III; PART V;
PART VI; PART VII;
PART VIII |
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