GEOLOGICAL SURVEY ACT 1974

This Act shall come into force on such date as the Minister may by notification in the Gazette appoint; and the Minister may appoint different dates for the coming into operation of different provisions of this Act and different dates may be appointed for different States or parts of Malaysia:

Provided that no date shall be appointed under this section in respect of Sabah and Sarawak unless the Governments of those

States have been consulted.

Interpretation

The duties and powers of the officers appointed under this section shall be those assigned to them by this Act and any regulations made thereunder.

Every officer appointed under this section shall be deemed by such appointment to be vested with all the powers of any

Geological Survey Officer subordinate to him.

The Director General may authorize any person in writing to conduct a geological survey in his behalf.

Every appointment and authorization under this section shall be published in the Gazette.

Subject to section 4, the Director General shall have superintendence over all other officers appointed or persons authorized under this section.

All officers appointed and persons authorized under this section shall be deemed to be public servants within the meaning of the Penal Code [Act 574] applicable.

Power of Minister to issue directions

A Geological Survey Officer authorized under subsection

may require the person consulting him to obtain the written approval of the proprietor or occupier of all land onto which he requires to enter, and to obtain such permits and authority as may be necessary under any law for the purpose of the consultation, analysis or other service.

In the event of any specimen or sample being submitted for analysis a Geological Survey Officer authorized under subsection

may order the retention or disposal of the specimen or sample or any portion thereof as he deems fit.

Fees for consultation, analytical and other services under this section may be charged at such rates as may be prescribed.

A Geological Survey Officer or an authorized person shall cause a notice to be served on any person who is the proprietor or occupier of any land, or lessee in the case of mining land, within the designated area notifying that person of his intention to enter upon the land for purpose of geological survey. The notice shall be served not less than 14 days prior to the date of the intended entry.

Geological Survey 9

Where entry to or egress from the designated area cannot be effected without passing through an alienated land, mining land or land occupied under temporary occupation licence, the Geological

Survey Officer or the authorized person shall serve a notice on the proprietor, lessee or occupier thereof notifying his intention to enter and re-enter such land for purpose of access to the designated area. The notice shall be served not less than 14 days prior to the date of the intended use of the land as an access.

Any notice to be served under this section may be served on a person or body of persons in the following manner, that is to say—

Any person who upon being served with the notice under subsections (2) and (3) shall allow any Geological Survey Officer or authorized person to enter the land or any part thereof.

Power of a Geological Survey Officer

enter upon any land within the designated area;

cut, remove or otherwise clear such uncultivated vegetation as may be necessary for the proper conduct of such survey;

erect or emplace such pegs and marks as may be necessary for the proper conduct of such survey;

conduct a superficial geological survey;

conduct an artificial geophysical survey;

bore, drill, fracture, dig or pit over the land;

obtain and remove any specimen or sample from the land in furtherance of such survey and remove and dispose of as he deems fit such superficial or cognate material as may be necessary to obtain the specimen or sample.

Any Geological Survey Officer or authorized person entering upon any land for the purpose of a geological survey shall, on demand by the occupier of the land, produce to the occupier his letter of authority in the form prescribed.

In this section—

“artificial geophysical survey” means any investigation of the surface, subsurface, or content of the earth by measuring the deviations of artificially induced physical forces;

“geochemical survey” means any systematic investigation of the surface, subsurface, or content of the earth by means of chemical analysis of specimens or samples taken from the earth, terrestrial water or vegetation;

Geological Survey 11

“natural geophysical survey” means any investigation of the surface or subsurface or content of the earth by measurement of its innate physical properties;

“superficial geological survey” means any systematic investigation of the surface, subsurface, or content of the earth by means of natural geophysical survey, geochemical survey or physical examination;

“systematic investigation” means any investigation including a preliminary examination.

Claim for compensation for damage

reject the claim; or

cause the damage to be assessed and pay or tender to the claimant the assessed cost of damage.

If the claimant is dissatisfied with the rejection of the claim or the assessment he may within one month after the service by post of the letter conveying the rejection or after the payment or tender of the assessed cost of damage under subsection (1), appeal to the Collector of the district in which the land is situated.

The Collector shall as soon as practicable hear the claim and may dismiss the claim or make an award as he may think just.

The Collector shall have all the powers of a Court for the summoning and examination of witnesses, the administration of oaths or affirmations, and for compelling the production and delivery to him of documents, including issue documents of title and other documents evidencing title.

Any party who is dissatisfied with the decision of the Collector may within one month after the decision being made appeal to an

Appeal Board consisting of the following persons:

12

The decision of the Appeal Board referred to in subsection

shall be final.

to make and submit to him a record of description and place of finding of specimens of rock material, mineral, ore, fossiliferous materials or other naturally occurring mineral substance in the earth;

to surrender to him the aforesaid specimens or samples or part of the specimens or samples for the purpose of identification or analysis provided such request is made within 6 months after the completion of the prospecting;

to give a true account of the results of the prospecting as soon as possible after its completion or at such intervals during its continuance as he may direct.

The Director General may retain such specimens or samples as may be surrendered to him under paragraph (1)(b).

Geological Survey 13

Finding of fossiliferous material to be notified

For the purposes of this section a well does not include a well which is less than 30 feet in depth without reaching bedrock or yield less than 500 gallons of water per day and is used only for the domestic purposes of the household of the person responsible for its development.

Certain excavations to be notified

The Director General shall cause to be established and maintained collections of all rocks, minerals, ores, fossils, and other naturally occurring mineral substances from the earth obtained or retained by him under this Act, and such collections shall be known as the Geological Survey Collections.

Appointment of Keeper of Archives and Curator of Collections

Where no other penalty is specifically provided in any regulations made under this Act any person who contravenes the provisions of such regulations shall be guilty of an offence against this Act and shall on conviction be liable to a fine not exceeding five thousand ringgit and in addition to a fine of twenty five ringgit a day for every day during which the contravention continues.

Offences by bodies of persons and by servants and agents