Malaysia legislation
Section 45
Section 45
(2)
The Commission shall, by rules made under section 180, set out the standards as to the type and extent of construction, alteration, modification, disconnection or closing up of a water supply system, sewerage system, septic tank, individual internal sewerage piping or common internal sewerage piping which require the relevant plans and specifications to be first approved by the Commission.
(3)
A person seeking the approval of the Commission under subsection (1) shall submit to the Commission such information and document in a form and manner and within the time as may be provided in the rules made under section 180.
(4)
If a person fails to comply with subsection (3), the person’s application for approval shall be deemed to be withdrawn without affecting the person’s right to submit a fresh application.
(5)
In considering whether to grant an approval under subsection
(1)
, the Commission shall take into consideration the following:
(a)
the business plan submitted by the individual licensee operating and maintaining the water supply system, sewerage system or septic tank;
(b)
the plans and specifications for the water supply system, sewerage system or septic tank submitted by the person;
(c)
such other matters as the Commission deems fit.
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(6)
In granting the approval to the person under subsection (1), the Commission may impose such terms and conditions as it deems fit.
(7)
A person who—
(a)
constructs, alters, modifies, disconnects or closes up a water supply system, sewerage system, septic tank, individual internal sewerage piping or common internal sewerage piping without the plans and specifications which are required to be approved by the Commission being first approved in writing by the Commission;
(b)
constructs, alters, modifies, disconnects or closes up any water supply system, sewerage system, septic tank, individual internal sewerage piping or common internal sewerage piping not in accordance with approved plans and specifications; or
(c)
makes any alteration to approved plans and specifications for the water supply system, sewerage system, septic tank, individual internal sewerage piping or common internal sewerage piping otherwise than in accordance with this Act or its subsidiary legislation, commits an offence and shall, on conviction, be liable to a fine not exceeding five hundred thousand ringgit or to imprisonment for a term not exceeding five years or to both; and he shall alter the water supply system, sewerage system, septic tank, individual internal sewerage piping or common internal sewerage piping so as to comply with the approved plans and specifications.
(8)
If the Commission is satisfied that any person has committed any of the offences under subsection (7), then notwithstanding that the construction, alteration, modification, disconnection or closure may have been approved under any written law, the Commission may—
(a)
if the construction, alteration, modification, disconnection or closure has been completed, direct that person, the owner or management corporation of the land or any combination of them, within a specified period, to bring the construction, alteration, modification, disconnection or closure into conformity in the manner as the Commission deems fit or, where this is not possible, to restore the land as far as possible to the condition it was in before the construction, alteration, modification, disconnection or closure was commenced; or
(b)
if the construction, alteration, modification, disconnection or closure has not been completed, direct that person, the owner or management corporation of the land to immediately cease the construction, alteration, modification, disconnection or closure works and comply with such requirement as the Commission deems fit or, where this is not possible, to restore the land as far as possible to the condition it was in before the construction, alteration, modification, disconnection or closure was commenced.
(9)
Where no written permission or approved plan has been obtained for any construction, alteration, modification, disconnection or closure and the Commission has directed that application be made for permission or approval of plans, such direction shall not be taken as an indication of willingness to grant permission or approval and shall be without prejudice to any power of the
Commission under this Act and its subsidiary legislation.
(10)
Where a direction for cessation issued under subsection (8)
is not complied with, the Commission may in addition to the remedies under section 177 summarily evict any person or remove any equipment, vehicle, machinery or article from the site to secure the cessation of the construction, alteration, modification, disconnection or closure and for this purposes may seek the assistance of the police.
(11)
Notwithstanding subsections (7), (8) and (10), the
Commission may execute any work or take any measure—
(a)
if the Commission considers such work or measure to be in the interest of public health;
(b)
if the Commission considers such work or measure necessary to prevent an imminent danger to the environment; or
(c)
in the case of non-compliance with any directions given under subsection (8), and such work and measure may be in addition to or in place of anything required to be done under any directions the Commission
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may issue under subsection (8) and the Commission may recover all expenses reasonably incurred by the Commission in doing so from the person who committed the offence under this section.
(12)
Where cessation has been directed by the Commission, the Commission may allow the resumption of the construction, alteration, modification, disconnection or closure subject to compliance with such directions and conditions as the Commission may specify.
(13)
The Commission may refuse to allow the resumption of the construction, alteration, modification, disconnection or closure under subsection (12) until all expenses reasonably incurred by the
Commission in securing the cessation, executing the work and taking the measures have been reimbursed.
(14)
A person who—
(a)
continues to carry out any activity after being directed to cease work under subsection (8);
(b)
fails to comply with a direction or condition given by the
Commission under this section; or
(c)
does any act to obstruct in any manner the Commission or any person authorized by the Commission or any person acting on behalf of the Commission in the execution of the powers 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.
Requirement for developer to construct water supply system and sewerage system