Mineral Development Act 1994 · Updated to 1 Jan 2013 · Chapter 1 · Enforcement and Investigation
Section 23
Official textFrom Laws of Malaysia Online, unchanged
A mines officer may for the purpose of enforcing this Act—
mines officer
“mines officer” means the Director General of Mines, any Director of Mines, Assistant Director of Mines, Senior Mining Assistant, Mining Assistant or any other officer duly authorized in writing by the Director General;
call for and examine any book, document, instrument or record and make copies of or take extracts from such book, document, instrument or record which is in the custody or control of any person pertaining to any matter under this Act;
visit, enter, inspect and examine with or without previous notice any fossicking, panning, exploration or storage facility area or mine or mineral processing plant at any time but shall not unnecessarily obstruct or impede any work therein;
mine
“mine”, when used as a noun, means any place, excavation or working wherein, whereon or whereby any operation connected with mining is carried on together with all buildings, premises, erections, water reservoirs, tailing ponds, waste, other dumps and appliances belonging or appertaining thereto above or below the ground or in or below the sea for the purpose of winning, obtaining or extracting any mineral by any mode or method or for the purpose of dressing, treating or preparing mineral ores;
investigate in respect of any fossicking, panning, exploration or storage facility area or mine or mineral processing plant concerning—
mineral processing
“mineral processing” means any activity whereby minerals or mineral ores are treated for the beneficiation thereof but excludes smelting and refining;
the state and condition of any such area or plant;
any accident or dangerous occurrence;
any matter or thing connected with or related to the safety or health of any person or which causes or is likely to cause damage to property or is a nuisance;
the effect of any operation or practice upon the amenity of any area or place; or
compliance with the provisions of this Act;
take measures to ensure the use of proper precautions in all fossicking, panning, exploration, mining, storage or
Mineral Development 27
mineral
“mineral” means any substance whether in solid, liquid or gaseous form occurring— (a) naturally; (b) as a result of mining in or on the earth; or (c) as a result of mining in or under the sea or sea-bed, formed by or subject to a geological process, but excludes water, “rock material” as defined in the National Land Code and “petroleum” as defined in the Petroleum Mining Act 1966;
mineral processing activities for the prevention of damage or danger to life or property;
require any person whom he finds in an area where fossicking, panning, exploration, mining, storage or mineral processing is undertaken to reveal his identity and purpose, and give such information as is required by this
Act and in such person’s power to give; and
take samples of any material whether solid, liquid or gas in or being discharged in or from any fossicking, panning, exploration or storage facility area or mine or mineral processing plant.
Terms defined in s 3
mine
Defined · s 3“mine”, when used as a noun, means any place, excavation or working wherein, whereon or whereby any operation connected with mining is carried on together with all buildings, premises, erections, water reservoirs, tailing ponds, waste, other dumps and appliances belonging or appertaining thereto above or below the ground or in or below the sea for the purpose of winning, obtaining or extracting any mineral by any mode or method or for the purpose of dressing, treating or preparing mineral ores;
mineral
Defined · s 3“mineral” means any substance whether in solid, liquid or gaseous form occurring— (a) naturally; (b) as a result of mining in or on the earth; or (c) as a result of mining in or under the sea or sea-bed, formed by or subject to a geological process, but excludes water, “rock material” as defined in the National Land Code and “petroleum” as defined in the Petroleum Mining Act 1966;
mineral processing
Defined · s 3“mineral processing” means any activity whereby minerals or mineral ores are treated for the beneficiation thereof but excludes smelting and refining;
mines officer
Defined · s 3“mines officer” means the Director General of Mines, any Director of Mines, Assistant Director of Mines, Senior Mining Assistant, Mining Assistant or any other officer duly authorized in writing by the Director General;
notice
Defined · s 3“notice” includes any notification, assessment, instrument or other document authorized or required by this Act to be served on any person or body;
Chapter 2
Evidence
Chapter 3
Offences and Penalties
Chapter 4
General
Part VI
Miscellaneous
Part VII