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← Waters Act 1920

Waters Act 1920 s 16

Waters Act 1920 s 16

s 16

(1) Where in any State any such person interferes with the bank of a river or contravenes section 5 or 7, the State Authority of such State may do and cause to be done all such things as may in his opinion be necessary or expedient for remedying such interference or contravention or the results thereof, and the cost thereby incurred shall be recoverable from such person by State Authority, or any person authorized in that behalf by the State Authority, by civil suit. (2) In amplification and not in derogation of the generality of the foregoing powers the State Authority may cause the bank of any river which has been interfered with to be restored or remade, any tree, which on being felled has fallen into a river, or any obstruction in or interference with a river, or any bridge, jetty, or landing stage (other than a bath-house) over or beside any river to be removed or destroyed, and any ditch, drain, channel, pipe, or other means of diverting the water of any river from its natural course to be filled in, closed, destroyed, or removed. 2. In its application to the Federal Territory, substitute (i) the phrase “as a debt to the Government” for the phrase “by State Authority, or any person authorized in that behalf by the State Authority, by civil suit” appearing in subsection (1) thereof and (ii) substitute a comma for the full-stop at the end of subsection (2) thereof and adding thereafter to phrase “in such manner as he may think fit”–see P.U. (A) 66 of 1974. (3) For the purpose of any work or thing about to be or being carried out or done under this section, entry may be made upon any land owned or occupied by any person whose interference with the bank of a river or contravention of section 5 or 7 has given occasion for such work or thing; provided that nothing herein contained shall authorize entry into any dwelling-house and that before entry upon land owned or lawfully occupied by any person not less than twenty-four hours previous notice in writing shall, except in any case where the District Officer otherwise directs, be given to such owner or occupier. (4) Nothing in this section contained shall affect any liability of any person to prosecution and punishment under section 15. *NOTE—1. In its application of this section to the States of Perak, Malacca and Negeri Sembilan— (i) delete the word “or” after the words “section 5” appearing in subsections (1) and (3) thereof and substitute therefor with a comma and adding after the word “7” the words “or 7A”; (ii) substitute a comma for the full-stop at the end of subsection (2) thereof and adding thereafter the words “and any pollution in a river to be removed or abated in a manner as may be directed by the State Secretary”– see Perak Enactment No. 11 of 1973, Malacca Enactment No. 16 of 1971 and Negeri Sembilan Enactment No. 12 of 1971.

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Find Act 418 on lom.agc.gov.my ↗

Text as at 1 January 2006 (LOM reprint); amendments made after that date may not be incorporated.

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).

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