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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).
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