Mineral Development Act 1994 · Updated to 1 Jan 2013 · Chapter 1 · Enforcement and Investigation
28. Search with warrant
Official textFrom Laws of Malaysia Online, unchanged
If it appears to a Magistrate, upon information on oath and after such inquiry as he considers necessary, that there is reasonable cause to suspect that in any building or place or on any land there is concealed or deposited any mineral, box, trunk, receptacle, package, conveyance or thing in respect of which an offence under this Act is being or has been committed, the Magistrate may issue a warrant authorizing any mines officer to whom it is directed, by day or night, with or without assistance, to enter the building, place or land and there search for and seize any such mineral, box, trunk, receptacle, package, conveyance or thing in respect of which an offence has or suspected to have been committed and any machinery, book, document or other things that is reasonably believed to furnish evidence of the commission of the offence.
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;
Any mines officer acting under subsection (1) may if it is necessary so to do—
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;
break open any outer or inner door of the building or any other premise and enter thereinto;
forcibly enter the place and every part thereof;
remove by force any obstruction to entry, search, seizure and removal as he is empowered to effect under subsection (1); and
break open any receptacle in order to inspect its contents.
30 Laws of Malaysia ACT 525
The mines officer seizing any mineral, box, trunk, receptacle, package, conveyance or thing under subsection (1) shall—
conveyance
“conveyance” includes a ship, train, vehicle, aircraft or any other means of transport by which persons or goods can be carried;
forthwith place on such mineral, box, trunk, receptacle, package, conveyance or thing a mark indicating that it has been seized;
prepare a list of the things seized and forthwith, or as soon as is practicable, deliver a copy signed by him to the owner or person from whom the things were seized present in the building or premise and if the building or premise is unoccupied, such mines officer shall, wherever possible, post a list of the things seized on the building or the premise;
forthwith report the seizure to the Director; and
where practicable, remove the things seized, as soon as possible, for his custody.
Terms defined in s 3
conveyance
Defined · s 3“conveyance” includes a ship, train, vehicle, aircraft or any other means of transport by which persons or goods can be carried;
Director
Defined · s 3“Director” means a Director of Mines appointed under section 4 and includes any Deputy Director of Mines;
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;
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;
Chapter 2
Evidence
Chapter 3
Offences and Penalties
Chapter 4
General
Part VI
Miscellaneous
Part VII