WATERS ACT 1920

LAWS OF MALAYSIA ONLINE VERSION OF UPDATED TEXT OF REPRINT Act 418 WATERS ACT 1920 As at 1 February 2018 2 WATERS ACT 1920 First enacted Revised … … … … … … … … … … … … … … … 1920 (Cap. No. 1460) 1989 (Act 418 w.e.f 28 December 1989) PREVIOUS REPRINTS First Reprint … … … … … 2001 Second Reprint … … … … … 2006 3 LAWS OF MALAYSIA Act 418 WATERS ACT 1920 ARRANGEMENT OF SECTIONS Section 1. Short title, application and construction 2. Interpretation 3. Property in rivers 4. Restoration of river banks 5. Prohibition of acts affecting rivers, except under licence 6. Presumptions 7. Prohibition of diversion of water from rivers, except under licence 8. Licence to divert water may authorize interference with State land or alienated land 9. Revocation and alteration of licences 10. Assessment of compensation 11. Record of licence on titles affected 12. Fees for licences 13. Liability for damage 14. Restriction on construction of walls and buildings on banks of rivers or within flood channels 15. Penalties; sanction for prosecution 16. Power to put a stop to and remedy illegal acts 17. Liability of employer 18. Rules 5 LAWS OF MALAYSIA Act 418 WATERS ACT 1920 An Act to provide for the control of rivers and streams. [Negeri Sembilan, Pahang, Perak and † Selangor—18 September 1920; †† Malacca—4 August 1966; ‡††† Penang—10 August 1967; § Federal Territory—1 February 1974] Short title, application and construction 1. (1) This Act may be cited as the Waters Act 1920. (2) This Act shall only apply to the States of Negeri Sembilan, Pahang, Perak, Selangor, Malacca, Penang and Federal Territory. (3) Nothing in this Act shall affect any other Enactment and no prohibition or restriction in this Act contained shall apply to the Government of the States of Peninsular Malaysia or of any of them or to the agents or servants of any of the said Governments.  NOTE— In its application to Negeri Sembilan-see Negeri Sembilan Enactment No. 12/1971 and Enactment No. 3/2007.  NOTE— This Act has been repealed by Pahang Water Resources Enactment 2007 [Enact. No. 5/2007] w.e.f. 1 August 2008.  NOTE— In its application to the State of Perak–see Perak Enactment No. 11 of 1973 and Perak Enactment A11 of 2009. † NOTE— This Act has been repealed by Selangor Waters Management Authority Enactment 1999 [Enact. No. 2 of 2007] w.e.f. 1 May 2000. †† NOTE— This Act has been extended to Malacca by Malacca Enactment No. 5/1966. ††† NOTE— This Act has been extended to Penang by Penang Enactment No. 4/1967. § NOTE— This Act has been extended to Federal Territory by P.U. (A) 66/1974. 6 Laws of Malaysia ACT 418 Interpretation 2. In this Act, unless the context otherwise requires— “river” includes— (a) a tributary of a river and any other stream or natural water course; and (b) any canal declared by the State Authority of the State in which such canal is situated by notification in the Gazette to be subject to this Act; “State land” and “alienated land” have the same meaning as defined in the National Land Code [Act 56 of 1965]; “State Authority” has the same meaning as defined in the Local Government Act 1976 [Act 171]. Property in rivers 3. Subject to the terms of any express grant made by or on behalf of the Ruler of a State, the entire property in and control of all rivers in any State is and shall be vested solely in the Ruler of such State; provided that in the case of lands held by the Government under grant or lease or reserved for a public purpose and maintained by a Government Department, such control may be exercised by the Head of such Department, under the direction of the State Authority. Restoration of river banks 4. Any person who shall in any State interfere with the bank of any river may by order of the State Authority be required to restore the same to the condition in which it was immediately prior to such interference or to remake the same in such manner as may be specified in such order. Waters 7 Prohibition of acts affecting rivers, except under licence 5. (1) No person shall, except under and in all accordance with the terms of a licence under this Act, (a) fell any tree so that it falls into a river; (b) in any manner obstruct or interfere with any river; (c) build any bridge, jetty, or landing stage (other than a bath-house) over or beside any river at a point where the width of such river exceeds twenty feet. (2) Licences to do in any district any of the acts specified in subsection (1) may be issued by the District Officer of such district with the approval, in each case, of the State Authority, any such licence may be subject to such conditions and restrictions as the State Authority approves; all such conditions and restrictions shall be set out in the licence. (3) Nothing in subsection (1) shall be deemed to apply to any bridge, jetty or landing stage in existence at the commencement of this Act or to the repair or renewal thereof. Presumptions 6. Where the bank of a river is interfered with, or where any felling, obstruction, interference, or building takes place in contravention of section 5, the owner and the occupier of the land wherein the bank so interfered with or any part thereof is included and the owner and occupier of the land whereon such tree was felled or which is nearest to such obstruction, interference or building shall in any proceedings under this Act be presumed, in the absence of proof to the contrary, to have interfered with the bank, or effected the felling, obstruction, interference, or building, as the case may be. Prohibition of diversion of water from rivers, except under licence 7. (1) Save as may be expressly authorized under the provisions of any other law no person shall, except under and in accordance with the terms of a licence 8 Laws of Malaysia ACT 418 under this Act, by means of any ditch, drain, channel, pipe, or otherwise divert water of any river from its natural course. (2) Whenever any such diversion shall have been made, the occupier or occupiers of the lands (if any) benefited by such diversion shall, in the absence of proof to the contrary, be presumed to have made it. (3) Licences to divert water from a river in any State for use in the generation of electricity may be granted by the State Authority of such State. (4) Licences to divert water from a river in any district for use: (a) for private or domestic purposes; (b) in the cultivation of rice; (c) for industrial and other purposes, may be granted by the District Officer of such district with the approval, in each case falling under paragraph (a) or (c), of the State Authority. (5) Every licence granted under this section shall set out the purpose for which the same is granted and shall be for such period and subject to such conditions and restrictions as may be stated therein. Licence to divert water may authorize interference with State land or alienated land 8. (1) A licence under this Act to divert water from a river in any State may extend to authorizing the licencee to erect, cut, or construct and maintain upon or through any State lands or alienated lands specified in that behalf in the licence any pump, line of pipes, flume, race, drain, dam, or reservoir and, subject to such conditions and restrictions as may be specified in the licence, to take and use the water therefrom in such quantities and in such manner as in the opinion of the State Authority of such State may be necessary for carrying out the purpose of the licence. (2) A licensee so authorized as aforesaid may enter upon the State lands or alienated lands so specified as aforesaid for the purposes expressed in such Waters 9 licence and carry out all or any of the works thereby sanctioned and exercise all or any of the rights thereby granted; provided that he shall be liable to make compensation to the owner or lawful occupier of any alienated land upon which such work shall be carried out or such rights exercised. Revocation and alteration of licences 9. (1) There shall be power at any time— (a) without cause assigned to revoke or alter, or to vary the period, terms, or conditions of, any licence granted under this Act upon payment to the licensee of compensation for any damage which he may sustain in respect of such revocation, alteration, or variation; (b) to revoke without compensation any licence on breach by the licensee of any condition or restriction to which the licence is subject or on conviction of the licensee of any offence punishable under this Act. (2) The power in subsection (1) referred to may in the case of a licence granted by the State Authority be exercised by the State Authority and in the case of a licence granted by a District Officer be exercised by the District Officer; provided that in the case of a licence to the granting whereof the approval of the State Authority is required, such approval shall also be necessary to the exercise by a District Officer of the power in subsection (1) referred to. Assessment of compensation 10. The amount of any compensation payable under either of the two last preceding sections shall, if not settled by agreement between the parties concerned, be claimed and determined by suit in the appropriate court. Record of licence on titles affected 11. Where alienated land is affected by any authority under section 8 contained in a licence to divert water from a river, the Land Administrator or 10 Laws of Malaysia ACT 418 Registrar, as the case may be, having custody of the Register wherein the title to such land is recorded shall, on production to him of such licence, make in the said Register an entry of the grant of the licence and of the period thereof and shall certify on the licence that such entry has been made and shall on proof to his satisfaction of the revocation of any licence whereof an entry has been made as aforesaid make in the said Register an entry of such revocation. Fees for licences 12. (1) There shall be payable in respect of every licence under this Act in any State such annual fee as may be prescribed, or if no such annual fee be prescribed then such annual fee as the State Authority may impose. (2) The amount of the annual fee, with the date on which payment is due, shall be set out in every licence. (3) Notwithstanding the foregoing provisions of this section, in the case of any licence to divert water for use in the generation of electricity, there shall be payable in respect thereof, either the annual fee or such other payments as the State Authority may impose, which shall be payable at such rates, on such dates, and in such manner, as may be set out in the licence. (4) Any licence in respect whereof the fee or other payment shall remain unpaid for sixty days after the same falls due may without notice to the licensee be revoked, and no compensation shall be payable in respect of such revocation. Liability for damage 13. No licence under this Act shall exempt any person from liability in respect of any damage occassioned by such person to the property of the Government or of any person. Restriction on construction of walls and buildings on banks of rivers or within flood channels 14. (1) Save as may be expressly authorized under the provisions of any other law no person shall in any State after the commencement of this Act Waters 11 erect or build any wall or construct any revetment along the bank of any river or erect any building or structure within fifty feet of any such bank, or within any flood channel declared under this section, except under and in accordance with the terms of a written permission in that behalf from the State Authority; any such permission may be subject to such conditions and restrictions as the State Authority thinks fit to impose. (2) Where the State Authority is satisfied that the bed of any river in such State is insufficient to contain the waters thereof in time of such floods as may be reasonably expect