Malaysia legislation

Section 177

of WATER SERVICES INDUSTRY ACT 2006

Section 177

(2)

Prior to making a direction under subsection (1), the

Commission shall issue a notice in writing to the person specifying the nature of the required compliance.

(3)

The person shall be granted an opportunity to be heard or may submit a written submission on the reasons for its conduct or activity within a reasonable time period specified in the notice.

(4)

After expiry of the notice specified in subsection (3), the

Commission shall take into consideration any reasons provided by the person before making a decision in relation to the relevant conduct or activity of the person.

(5)

After due consideration of any reasons provided by the person, the Commission may issue a direction pursuant to subsection (1) requiring the person to take a specified action directed towards ensuring that the person does not contravene or does not continue to contravene any of the conditions of licence or any of the provisions of this Act or its subsidiary legislation.

(6)

The Commission shall give the person written notice of its direction as soon as practicable. The direction issued by the

Commission shall be complied with.

(7)

A direction made by the Commission under this Chapter shall be registered as soon as practicable.

(8)

The direction shall be effective from the date of registration or such later date as the Commission may specify in the direction.

(9)

The direction shall expire on such date as the Commission may specify in the written instrument or if no date is specified, the direction shall be in force until the direction is revoked.

(10)

The Commission may vary or revoke a direction and the procedures set out in subsections (2), (3), (4), (5), (6), (7), (8) and

(9)

shall apply mutatis mutandis in respect of any variation or revocation of a direction.

(11)

A person who fails to comply with a direction of the

Commission under this section commits an offence and shall, on conviction, be liable to a fine not exceeding two hundred thousand ringgit or to imprisonment for a term not exceeding two years or to both.

(12)

The Commission shall maintain a register of all directions issued by the Commission, including any variation or revocation of a direction in accordance with section 176.

Water Services Industry 123

Determination by Commission