Malaysia legislation
Section 2
Section 2
In this Act, unless the context otherwise requires—
“water”, in relation to the distribution or supply of water, means treated water;
“watercourse” includes rivers, streams and creek including any tributary, distributary or artificial deviation thereof, seas, lakes, ground water, dams, reservoirs, ditches, drains and passages, other than pipes, through which water flows for the supply of water to any premises;
“register” means a register maintained by the Commission for the purposes of this Act;
“prescribed” means prescribed by the Minister under regulations made under section 84 or 179, as the case may be;
“industrial effluent” means liquid waste or waste water produced by reason of or in the course of the production processes taking place at any industrial premises;
“prohibited effluent” means industrial effluent or such other effluent as may be prescribed by the Minister;
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“sewage sludge” means the residual mixture of solid and liquid produced during the partial or full treatment of sewage but does not include treated sewage effluent discharged through a disposal pipe;
“Water Forum” means the Water Forum designated by the
Commission under section 69;
“water supply distribution area” means an area within which a water distribution licensee is authorized to distribute and supply water;
“sewerage services area” means an area within which a service licensee is authorized to provide sewerage services;
“sewage” means any liquid discharges containing human excreta, animal or vegetable matters in suspension or solution derived from domestic activities and being generated from household, commercial, institutional and industrial premises including liquid discharges from water closets, basins, sinks, bathrooms and other sanitary appliances but excluding rain water and prohibited effluent;
“water fittings” includes pipes (other than the public mains), specials, taps, cocks, valves, ferrules, meters, sub-meters, cisterns, baths, water closets, hot water apparatus, soil pans and other similar apparatus or appliance used in connection with the supply and use of water;
“court” means a court of law of competent jurisdiction;
“meter” means any appliance, equipment or device used for the purpose of measuring the amount of water supplied;
“service water pipe” means so much of any pipe for supplying water from the public mains to any premises which is subject to water pressure from the mains or would be so subject but for the closure of some taps or valves;
“disposal pipe” means a pipe, channel, conduit or similar structure used for the discharge of treated sewage effluent from a sewerage system or septic tank for eventual discharge to a watercourse or other receiving medium;
“communication pipe”, in relation to water supply services, means a part of the service water pipe located between the public mains and the meter, or where there is no meter, a part of the service water pipe located between the public mains and the point where the meter would be placed in accordance with this Act or its subsidiary legislation;
“private connection pipe”, in relation to sewerage services, means any pipe, channel, conduit or similar structure being part of the individual internal sewerage piping or common internal sewerage piping of premises used, or which can be used, for the conveyance of sewage from the premises up to the point of connection to a public sewerage system, sewage treatment works or a septic tank or up to such other point of connection as may be determined by the Commission;
“authorized officer” means any public officer, officer of a local authority as defined in the Local Government Act 1976 [Act 171]
or officer of the Commission authorized in writing by the Minister for the purposes of this Act;
“sewer” means any pipe, with its appurtenances, designed to convey sewage from two or more premises to a sewage treatment works other than an individual internal sewerage piping or common internal sewerage piping;
“licensee” means an individual licensee or a class licensee;
“individual licensee” means a person who is granted an individual licence under this Act;
“class licensee” means a person who is registered for a class licence under this Act;
“facilities licensee” means a person who is licensed under this
Act to own a water supply system or sewerage system or any part of the water supply system or sewerage system;
“water distribution licensee” means a service licensee who holds an individual licence to distribute and supply water to consumers by means of a public water supply system;
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“service licensee” means a person who is licensed under this
Act to provide water supply services or sewerage services or any part of the water supply services or sewerage services;
(a)
with respect to Peninsular Malaysia and the Federal
Territory of Putrajaya, has the meaning assigned to
“Registrar” by section 5 of the National Land Code
[Act 56/1965]; and
(b)
with respect to the Federal Territory of Labuan, has the meaning assigned to “Registrar” by section 4 of the Sabah
Land Ordinance [Sabah Cap. 68] as modified by the
Federal Territory of Labuan (Modification of Land
Ordinance) Order 1984 [P.U. (A) 291/1984];
“consumer” means—
(a)
a person who is supplied with water by a water distribution licensee or provided with sewerage services by a licensee providing sewerage services; or
(b)
a person who has made a request to a water distribution licensee for a supply of water or to a licensee providing sewerage services for a provision of sewerage services;
“occupier” means—
(a)
a person in occupation or control of premises; and
(b)
in relation to premises where different parts of the premises are occupied by different persons, the respective persons in occupation or control of each part of the premises;
“Land Administrator”—
(a)
with respect to Peninsular Malaysia and the Federal
Territory of Putrajaya, has the meaning assigned to “Land
Administrator” by section 5 of the National Land Code;
and
(b)
with respect to the Federal Territory of Labuan, has the meaning assigned to “Registrar” by section 4 of the Sabah
Land Ordinance as modified by the Federal Territory of
Labuan (Modification of Land Ordinance) Order 1984;
“management corporation” has the meaning assigned to it in section 4 of the Strata Titles Act 1985 [Act 318];
“water supply services” means the treatment of water abstracted from watercourses and the distribution and supply of treated water to consumers and includes the operation and maintenance of the water supply system;
“sewerage services” means the collection, conveyance, treatment and disposal of sewage or sewage sludge, and includes the operation and maintenance of a sewerage system and the desludging of septic tanks;
“common internal sewerage piping” means the pipes, private connection pipes, channels, conduits or similar structure, fixtures and other apparatus for the conveyance of sewage within or from more than one premises but under the common management and maintenance of owners or occupiers or a management corporation of the premises serviced by the internal sewerage piping up to the point of connection to a sewer, sewage treatment works or a septic tank or up to such other point of connection as may be determined by the Commission, but does not include the sanitary system in a building;
“individual internal sewerage piping” means the pipes, private connection pipes, channels, conduits or similar structure, fixtures and other apparatus for the conveyance of sewage within or from premises up to the point of connection to a common internal sewerage piping, a sewer, sewage treatment works or a septic tank or up to such other point of connection as may be determined by the Commission, but does not include the sanitary system in a building;
“water supply system” means the whole of a system incorporating public mains, pipes, chambers, treatment plants, pumping stations, service or balancing reservoirs or any combination thereof and all other structures, installations, buildings, equipment and appurtenances used and the lands where the same are located for the storage, abstraction, collection, conveyance, treatment, distribution and supply of water;
“public water supply system” means a water supply system other than a private water supply system;
“private water supply system” means—
(a)
a water supply system which is used solely for the purposes of supplying water to the owner or the occupier of a premises or the guests or invitees of the owner or occupier for their private use; or
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(b)
such other water supply systems as may be determined by the Commission;
“sewerage system” means a system incorporating sewers, disposal pipes, pumping stations or sewage treatment works or any combination thereof and all other structures, equipment and appurtenances (other than individual internal sewerage piping, common internal sewerage piping or septic tanks) used or intended to be used for the collection, conveyance, pumping or treatment of sewage and sewage sludge or the disposal of treated sewage effluent or sewage sludge;
“public sewerage system” means—
(a)
a sewerage system which is connected to, or conveys sewage to, a public sewer;
(b)
a sewerage system which is not connected to nor conveys sewage to a public sewer but is determined by the
Commission to be or form part of a public sewerage system;
(c)
a sewerage system in a development which has been handed over to an individual licensee providing sewerage services in accordance with section 47; or
(d)
such other sewerage system as may be determined by the
Commission;
“private sewerage system” means a sewerage system other than a public sewerage system;
“sub-meter” means any meter which measures water which has already been metered since leaving the public mains;
“Commission” means the Suruhanjaya Perkhidmatan Air Negara established under the Suruhanjaya Perkhidmatan Air Negara Act 2006 [Act 654];
“septic tank” means a basic form of on-site treatment facility consisting of one or more compartments that provides treatment of sewage by means of sedimentation and anaerobic process;
“communal septic tank” means a septic tank which treats sewage from two or more premises through a common internal sewerage piping;
“appointed date” means the date on which this Act or parts of the Act comes into operation;
“sewage treatment works” means the facility designed to accept and process sewage or sewage sludge before disposal to a receiving medium but does not include septic tanks;
“Appeal Tribunal” means the Appeal Tribunal established under section 91.
Federal Government to have executive authority