Power to cause effect to be given to orders and recovery of cost
(1) If any person who is by any order made under this Act required to do any act or thing fails to comply with such requirements, the Land Administrator may cause such act or thing to be done by such persons and in such manner as he may direct, and the cost thereof shall be recoverable from the person making default as aforesaid by the Land Administrator in civil suit.
(2) Nothing in this section contained shall affect any liability of any person to prosecution and punishment under section 18.
Liability of owner or occupier for acts done on land
Where by this Act the doing of any act upon any land by any person is forbidden, any owner or occupier of such land who causes or permits such act to be done shall be deemed to have contravened this Act unless he proves that such act was done without his knowledge and consent and that he had taken all reasonable precautions against the doing of such act.
Service of notices and orders
Notices and orders issued and made in any State under this Act may be served in manner following, and such service shall be equivalent to personal service upon the person on whom service is to be effected:
(a) if the person on whom service is to be effected be within such State, the notice or order may be delivered to him or left with some adult member of his family (other than a servant) residing with him within such State;
(b) if the person on whom service is to be effected has an agent within such State duly authorized by power of attorney to accept service on his behalf, the notice or order may be delivered to such agent;
(c) if service cannot be effected in the manner described in paragraph (a) or (b), the notice or order may be sent by registered post addressed to the person on whom service is to be effected at his address in any part of Malaysia;
(d) where service is to be effected on a corporation, the notice or order may be—
(i) left at the registered office (if any) of the corporation within such State;
(ii) delivered to any director, secretary or other principal officer of the corporation within such State, or to any person within such State duly authorized by power of attorney to accept service on behalf of the corporation, or to any person having, on behalf of the corporation, powers of control or management over the land to which the notice or order relates; or
(iii) sent by registered post addressed to the corporation at its principal office wherever situate; or
(e) if service cannot be effected in accordance with the preceding paragraphs of this section, the notice or order may be put up in a conspicuous position on the land to which it relates.
Rules
The Ruler in Council or the Yang di-Pertua Negeri in Council, as the case may be, may make rules for carrying out the purposes of this Act.
Private suits not affected
Nothing in this Act contained shall debar any owner or occupier of land which is affected or likely to be affected by inroad of earth, mud, silt, sand, gravel or stone from other land from instituting any suit or proceedings in respect thereof or shall relieve any person of any liability to which he would have been subject if this Act had not been passed:
Provided that a person shall not be liable for any act or omission, or the consequences of any act or omission required by an order under this Act to be done or omitted by him.
Repeal
The Silt Control Enactment of the Federated Malay States [F.M.S. Cap. 143], the Hill Lands Ordinance 1937 of the Straits Settlements [S.S. Ord. 44 of 1937], Enactment No. 110 (Silt Control) of the State of Kedah [Kedah No. En. 110], the Prevention of Soil Erosion Enactment 1940 of the State of Kelantan [Kelantan En. 23 of 1940] and the Hill Lands Enactment 1951 of the State of Pahang [Pahang En. 4 of 1951] are hereby repealed:
Provided that—
(a) any permit, order, sanction or prohibition made, given, granted or imposed or thing done under any of the written laws hereby repealed shall, in so far as the same is not inconsistent with the provisions of this Act, continue in force and have effect as if it had been made, given, granted or imposed under this Act; and
(b) any register kept under any former written law hereby repealed shall be deemed part of the register to be kept under the corresponding provisions of this Act.
APPENDIX
Adoption of the Act by States—
Johore En. 15 of 1960 (Am. Johore En. 5 of 1961) Kedah En. 13 of 1960 Kelantan En. 6 of 1960 Malacca En. 7 of 1960 Negeri Sembilan En. 21 of 1960 Pahang En. 13 of 1960 Penang En. 4 of 1960 Perak En. 6 of 1960 Perlis En. 12 of 1960 Selangor En. 7 of 1960 Terengganu En. 9 of 1960
LAWS OF MALAYSIA
Source: Laws of Malaysia, Attorney General's Chambers of Malaysia (lom.agc.gov.my). Not a copy of the Gazette printed by the Government Printer (Interpretation Acts 1948 and 1967, s 61).
