Dewan Rakyat passes amendment to Street, Drainage and Building Act

KUALA LUMPUR: Amendments to the Street, Drainage and Building Act 1974 will provide for a fine of RM100,000 to be imposed on anyone who causes damage to any public road and not just the streets belonging to the local authorities, the Dewan Rakyat was told today.
Housing and Local Government Minister Zuraida Kamaruddin said that though the Act, particularly Section 39, only provided for the offences on the streets of the local authorities, the state government can have it gazetted for use on streets that come under the purview of the Public Works Department (JKR) as well as rural and state roads.
"The ministry had a meeting of the National Council for Local Government which was attended by the relevant state executive councillors and they agreed to adopt this amendment with regard to their respective local authorities.
"I think that with their agreement at the meeting, they will gazette the Act in the respective state and local authorities under which come the JKR, rural and state roads," she said when winding up debate on the Street, Drainage and Building (Amendment) Bill 2018 that the Dewan Rakyat later passed.
Zuraida dismissed a suggestion by Abdul Latiff Abdul Rahman (PAS-Kuala Krai) for contractors to pay a deposit to the local authorities before starting any project to prevent them from ignoring any damage to roads upon completion of the project.
"There is no need to charge a deposit because it is stipulated that they need to get permission from the local authorities. It is enough to make sure that they follow the specifications and guidelines," she said.
The bill, among others, includes an amendment to Section 39 which raises from the current RM1,000 to RM100,000 the fine for the offence of damaging public roads, pedestrian pathways, five-foot ways or other property of the local authorities.
In addition, the minimum fine of RM500 for the offence of taking up pavement without prior written permission of the local or other lawful authorities is increased to RM50,000.
The bill also makes it a requirement for any individual to submit a geotechnical report validated by a qualified inspector for any construction involving slopes of 25° gradient and higher than 10m.
On the cost of the geotechnical report, Zuraida said it should be borne by the developer and the parties responsible for the building and not the local authorities.
The Dewan Rakyat sits again tomorrow. — Bernama