Malaysia legislation
Section 63
Section 63
(2)
In particular and without prejudice to the generality of subsection (1), such regulations may—
(a)
subject to the rights of the holder of a mineral tenement, determine certain minerals and mineral ores to be subjected to licensing requirements for possession, purchase, sale, movement, transport, storage and mineral processing;
(b)
control and regulate the production, possession, purchase, sale, delivery and export of minerals and mineral ores in order to meet the obligations imposed by international organizations of which Malaysia is a member, without prejudice however to the provisions of any other written law on the matter;
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(c)
prescribe environmental protection measures, effluent standards, noise standards, vibration standards and other standards and means to protect the environment:
Provided that such prescribed measures, standards or means shall not conflict with any provision of the
Environmental Quality Act 1974 [Act 127];
(d)
prescribe requirements and standards for the use of explosives and blasting agents, dangerous and toxic materials, ventilation, sanitary conditions and hygiene in exploration and mining areas;
(e)
generally prescribe and provide for fees under this Act and the manner for collecting and disbursing such fees;
(f)
prescribe the submission by any owner or manager of any mine of statistical returns and the keeping and production by them of books and plans;
(g)
prescribe the required content of any operational mining scheme, plan, report or record book as may be required under this Act;
(h)
prescribe the procedure of any proceedings for the conduct of any inquiry under this Act;
(i)
provide for the safety of employees in fossicking, panning, exploration and mining area;
(j)
prescribe the offences under this Act or any regulations made under this Act which may be compounded and the method and procedure for compounding such offences;
(k)
provide for any other matter generally to give effect to the provisions of this Act.
(3)
Regulations made under this section may prescribe any act or omission in contravention of the regulations to be an offence and may prescribe penalties of a fine not exceeding one hundred thousand ringgit or imprisonment for a term not exceeding five years or to both, and in the case of a continuing offence, may prescribe a further
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fine of two thousand ringgit for every day or part of a day during which the offence continues after conviction.