Malaysia legislation
Section 56
Section 56
(a)
to prohibit or restrict the use of water—
(i)
generally or for specified purposes;
(ii)
during specified hours of the day or otherwise; or
(iii)
in a specified manner;
(b)
to impose—
(i)
limits on the quantities of water which may be consumed over any specified period;
(ii)
any surcharge in respect of the consumption of water in excess of any limit imposed; or
(iii)
any other conditions as the Minister may think necessary;
(c)
to order a licensee or any person owning or operating a water supply system to cease operations on such terms and for such time as the Minister thinks necessary; or
(d)
to order any person to supply water on such terms and conditions as the Minister thinks necessary.
(2)
The Minister shall, as soon as practicable, after exercising any or all of his powers specified under subsection (1), publish in the Gazette a notice specifying the particulars of the power exercised and action taken under subsection (1).
(3)
The Minister may on such grounds as he thinks fit—
(a)
limit the application of subsection (1) to specified areas, groups, class of persons, premises or activities; and
(b)
suspend or waive any provisions of this section.
(4)
The Minister may direct the Commission to—
(a)
take temporary possession of any water supply system of a licensee and operate it or direct any other person to operate it in such manner as the Minister thinks fit; and
(b)
take or cause to be taken such measures including the installation of restrictive, controlling and measuring devices and the regulation and control of the disposition of appliances as may be necessary to ensure compliance with this section, and the licensee having control or possession of the water supply system shall hand over the control or possession of the water supply system to any officer authorized by the Commission for that purpose or any other person as the Minister thinks fit and the licensee shall take all such measures and provide all such assistance as may be required by the Commission, officer or person.
(5)
A decision, order or direction of the Minister in the exercise of his powers under this section shall be final and shall not be challenged, appealed against, reviewed, quashed or questioned in any court.
(6)
A person who fails to comply with the order of the Minister or the prohibition, restriction or imposition made by the Minister under subsection (1) or the requirement under subsection (4) commits an offence and shall, on conviction, be liable to a fine not exceeding three hundred thousand ringgit or to imprisonment for a term not exceeding three years or to both.
(7)
Where any premises is occupied by any person other than the owner, the occupier of the premises shall be presumed to have committed the offence under this section unless it is proved that he has taken all reasonable steps to prevent such commission.
Water Services Industry 53
(8)
The Federal Government, the Commission and their employees and agents shall not be liable for any action for breach of contract or for any loss or damage occasioned by any disconnection, stoppage, reduction or restriction of water supply under this section.
(9)
Every licensee and their employees and agents shall not be liable for any action for breach of contract or for any loss or damage occasioned by any disconnection, stoppage, reduction or restriction of the supply of water under this section except where the disconnection, stoppage, reduction or restriction of the supply of water was caused by—
(a)
the negligence or wilful act of the licensee, their employees or agents; or
(b)
a breach by the licensee of the terms and conditions of its licence or the provisions of this Act or its subsidiary legislation.
(10)
A person referred to in paragraphs (1)(c) and (d) shall not be liable for any action for breach of contract or for any loss or damage occasioned by any cessation of operations or the supply of water, as the case may be, under this section.
(11)
For the purposes of this section, an “emergency” means a circumstance where—
(a)
water supply is insufficient due to excessive drought or industrial unrest, strike or lock-out;
(b)
the supply of water or water supply system endangers or poses a threat to public safety or public health; or
(c)
an event occurs which gives rise to a dire situation which the Minister considers it necessary to exercise his powers under this section.
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