Akta Air 1920
Akta Air 1920
Akta Air 1920
LAWS OF MALAYSIA
REPRINT
Act 418
PUBLISHED BY
THE COMMISSIONER OF LAW REVISION, MALAYSIA
UNDER THE AUTHORITY OF THE REVISION OF LAWS ACT 1968
IN COLLABORATION WITH
PERCETAKAN NASIONAL MALAYSIA BHD
2006
2
PREVIOUS REPRINT
Act 418
ARRANGEMENT OF SECTIONS
Section
Act 418
(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—1. In its application of this subsection to the Federal Territory, substitute the words
“Government of Malaysia” for the phrase “Governments of the States of Peninsular Malaysia or
of any of them” and substitute the word “Government” for the word “Governments” appearing at
the end of subsection (3) thereof—see P.U. (A) 66 of 1974.
2. In its application to the State of Malacca, delete the words “States of Peninsular Malaysia” and
substitute with the words “State of Malacca”–see Malacca Enactment No. 5 of 1966.
3. In its application to the State of Penang, substitute the phrase “State of Penang or to its agents
or servants” for the phrase “State of Peninsular Malaysia or any of them or to the agents or servants
of any of the said Governments”–see Penang Enactment No. 4 of 1967.
6 Laws of Malaysia ACT 418
*Interpretation
“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;
Property in rivers
*NOTE—In its application of this section to the Federal Territory, substitute the word “Minister”
for the words “State Authority of the State” appearing in paragraph (b) of the definition of “river”;
substitute the words “Federal land” for the definition of “State land”; substitute the words “National
Land Code as modified by the Federal Territory (Modification of National Land Code) Order 1974”
for the words “National Land Code” appearing in the definition of “State land”. Insert immediately
before the definition of “river” the following definition of “Commissioner” and “Minister”:
“Commissioner” means the Commissioner appointed under section 3 of the Federal Capital Act
1960 [Act 190];
“Minister” means the Minister responsible for the Federal Territory;’–see P.U. (A) 66 of 1974.
1. In this revised Act, unless the context otherwise requires, in its application to the Federal
Territory—(i) substitute the word “Minister” for the words “State Authority”; (ii) the words “the
Federal Territory” for the words “any State” and “such State”; (iii) the word “Federation” for the
words “Ruler of a State” and “Ruler of such State”; (iv) the words “Federal land” for the words
“State land” and (v) the word “Commissioner” for the words “State Secretary”, “District Officer”
and “District Officer of such district” wherever they occur in this revised Act–see P.U. (A) 66 of
1974.
2. As for the States of Malacca and Penang—(i) delete the words “in any State”, “of such State”
and “in such State” (ii) substitute the words “Ruler of a State” and “Ruler of such State” with the
words “State Authority” wherever they occur in this revised Act–see Malacca Enactment No. 5 of
1966 and Penang Enactment No. 4 of 1967.
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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.
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.
*NOTE—In its application to the State of Malacca, delete the words “State Authority” and substitute
with the words “Chief Minister”–see Malacca Enactment No. 5 of 1966.
**NOTE—In its application to the Federal Territory, delete the words “in any district of” appearing
in subsection (2) thereof–see P.U. (A) 66 of 1974.
8 Laws of Malaysia ACT 418
Presumptions
(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,
*NOTE—In its application to the Federal Territory, delete the words “in any district” appearing
in subsection (4) thereof–see P.U. (A) 66 of 1974.
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(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.
*NOTE—1. In its application of this section to the States of Malacca and Negeri Sembilan delete
paragraphs (c) and (d) appearing in subsection (1); insert the following new paragraphs (d) and
(e) in subsection (2):
“(d) the sea-coast of the State; and
(e) any artificial watercourse.”;
“(3) Whenever any matter under subsection (1) shall have been discharged or caused to enter
into any river, the owner or occupier of the property from which such entry or discharge originates
shall, unless the contrary is proved, be presumed to have discharged it or caused it to enter into
such river.”;
substitute the phrase “discharge or cause the entry in a river any matter” for the phrase “enter or
discharge into a river any of the matter” appearing in subsection (4) thereof; substitute the following
new proviso for the proviso appearing in subsection (6):
“Provided that where an appeal pursuant to subsection (7) is brought against the refusal or the
revocation of any licence or the alteration or variation of the period, terms and conditions of any
such licence made by the State Secretary under preceding paragraphs (a) to (c), such licence shall
remain in force until the appeal is discharged of in accordance with decision of the State Authority
referred to in subsection (7).”;
“(7) Any person aggrieved by the decision of the State Secretary may within twenty-one days
of the receipt of the notification of such decision appeal to the State Authority whose decision shall
be final.”.
see Malacca Enactment No. 16 of 1971 and Negeri Sembilan Enactment No. 12 of 1971.
10 Laws of Malaysia ACT 418
(2) For purpose of this section the word “river” shall without
prejudice to section 2 be deemed to further include—
(a) any inland waters whether or not such inland waters fall
within the definition of “river” in section 2;
(b) any subterranean water resources; and
(c) any water in an estuary or sea adjacent to the coast of
the State.
(3) Whenever any such entry or discharge shall have been made,
the owner or occupier of the property from which such entry or
discharge originates shall, in the absence of proof to the contrary,
be presumed to have made it.
2. In its application to the State of Pahang, substitute section 7A thereof with a new section 7A
as follows:
“7A . (1) Any person who without lawful authority removes water (otherwise than for domestic
purposes) from State land, alienated land, mining land or reserved land shall be guilty of an
offence punishable under this Act.
(2) The State Authority may in accordance with any rules under section 18 permit the
removal of water from State land, alienated land, mining land or reserved land.”.
3. In its application to the Federal Territory, substitute a full-stop for the words “;and” appearing
at the end of paragraph (2)(1)(b) and delete the whole paragraph (c) thereof; delete the phrase “in
which the river or part thereof is located” appearing in subsection (4) thereof; substitute the words
“the Minister” for the phrase “an appeal board in which the application for a licence under this
section was originally made” appearing in paragraph (7)(a) and delete the whole paragraphs (b),
(c) and (d) thereof. see P.U. (A) 66 of 1974.
4. This section 7A does not apply to the States of Penang and Selangor.
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(4) Licence to enter or discharge into a river any of the matter
decribed in subsection (1) of this section may be granted by the
State Secretary in which the river or part thereof is located.
(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 such conditions and restrictions as may be laid down in the
licence.
(6) The State Secretary shall have power at any time without
cause assigned to—
(a) refuse to grant a licence;
(b) revoke any licence issued under this section; or
(c) alter or vary the period, term and conditions of any such
licence:
(7) (a) Any person aggrieved by the decision of the State Secretary
within twenty-one days of the receipt of the notification of such
decision appeal to an appeal board in which the application for a
licence under this section was originally made.
(9) The State Authority may for the purpose of determining the
conditions and restrictions to be prescribed on licences issued
under subsection (4) appoint a committee consisting of such persons
as may be prescribed.
8. (1) A licence under this Act to divert water from a river in any
State may extend to authorizing the licensee 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 license.
Assessment of compensation
*NOTE—In its application of this subsection (1) to the States of Perak, Malacca and Negeri
Sembilan, insert the following proviso thereto:
“Provided that this subsection shall not apply to the revocation, alteration or variation of a licence
issued under section 7A of this Act”.
see Perak Enactment No. 11 of 1973, Malacca Enactment No. 16 of 1971 and Negeri Sembilan
Enactment No. 12 of 1971.
14 Laws of Malaysia ACT 418
certify on the license that such entry has been made and shall on
proof to his satisfaction of the revocation of any license whereof
an entry has been made as aforesaid make in the said Register an
entry of such revocation.
(2) The amount of the annual fee, with the date on which payment
is due, shall be set out in every licence.
15. (1) Any person who fails to obey any order given under section
4 shall be liable to a fine of five hundred ringgit and additionally
to a fine of ten ringgit a day for every day during which such
disobedience shall continue.
*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” in subsection (2) thereof and substitute therefor
with a comma and adding after the word “7” the words “or 7A ”; (ii) substitute the words “one
thousand ringgit” with the words “ten thousand ringgit” but for the State of Perak substitute with
the words “two thousand ringgit” thereof and (iii) insert the following proviso in subsection (3)
thereto:
“Provided that this provision in this subsection shall not apply in respect of any offence in
contravention of section 7A ”.
see Perak Enactment No. 11 of 1973, Malacca Enactment No. 16 of 1971 and Negeri Sembilan
Enactment No. 12 of 1971.
2. In its application to the Federal Territory, substitute the words “Public Prosecutor” for the
phrase “District Officer of the district wherein the offence is alleged to have been committed”
appearing in subsection (3) thereof–see P.U. (A) 66 of 1974.
16 Laws of Malaysia ACT 418
*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.
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.
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(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.
Liability of employer
17. For the purpose of this Act every person shall be liable for
every act and omission of any agent or servant employed by him
and acting within the scope of such employment in the same
manner and to the same extent as if such act or omission were done
or committed by such first mentioned person; but so that nothing
in this section shall affect the liability of such agent or servant.
*Rules
18. (1) In any State the State Authority may from time to time,
make rules, not inconsistent with this Act,
(a) to prescribe fees payable in respect of licenses granted
under this Act;
(b) to restrict to particular areas or rivers the issue by District
Officers of licences, or specified kinds of licences under
sections 5 and 7;
(c) generally for the purpose of carrying into effect the
provisions and purposes of this Act.
(2) All such rules shall be published in the Gazette and shall
thereupon have the force of law.
*NOTE—In its application of this section to the States of Perak, Malacca and Negeri Sembilan,
insert the words “State Secretary or” between the words “by” and “District” in line two appearing
in paragraph (1)(b) thereof; the word “and” occuring in line three thereof substitute with a comma
and for the semi-colon appearing at the end of the said paragraph (b) substitute with the words
“and 7A”–see Perak Enacment No. 11 of 1973, Malacca Enactment No. 16 of 1971 and Negeri
Sembilan Enactment No. 12 of 1971.
18 Laws of Malaysia ACT 418
LAWS OF MALAYSIA
Act 418
LIST OF AMENDMENTS
Act 418
DICETAK OLEH
PERCETAKAN NASIONAL MALAYSIA BERHAD,
KUALA LUMPUR
BAGI PIHAK DAN DENGAN PERINTAH KERAJAAN MALAYSIA