Mar 9, 2011

"River", "Water-course", and Pollution (nuisance)

No definition given under Local Government Act 1976 relating to these two words. As a comparative study, under section 5 of National Land Code 1965, the word “river” is defined as “any river, stream, creek or other natural water-course, and any tributary, distributor or artificial deviation thereof”. It is suggested that in order to avoid any anomaly regarding the definition of “stream”, the said section 69 should be amended as follows:

69.  Committing nuisance in river etc.
“Any person who commits a nuisance or deposits any filth in or upon the bank of any river and public drain within the local authority area shall be guilty of an offence and ……”

Section 70 of the said Act should be amended accordingly to give the same effect.


Section 2 of the said Act should be amended to include the definition of “river”, as follows:

“river” means any river, stream, creek or other natural water-course, and any tributary, distributor or artificial deviation thereof.


The above is part of a paper, Abdul Aziz Hussin. 2002. River Maintenance of Sg. Skudai & Sg. Segget, Johor- Legal Perspective. Seminar on River Maintenance anh Rehabilitation of Sungai Tebrau and Sungai Segget, Johor. Organized by Universiti teknologi Malaysia, Department of Environment Malaysia & Johor State, Johor Bahru, 29-30 October.

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