Mineral Development Act 1994 · Updated to 1 Jan 2013 · Part VII · Regulations
63. Regulations
Official textFrom Laws of Malaysia Online, unchanged
The Minister may make regulations in respect of any matter which may be prescribed under this Act.
Minister
“Minister” means the Minister charged with the responsibility for mining and minerals;
In particular and without prejudice to the generality of subsection (1), such regulations may—
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;
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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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];
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;
generally prescribe and provide for fees under this Act and the manner for collecting and disbursing such fees;
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;
prescribe the required content of any operational mining scheme, plan, report or record book as may be required under this Act;
prescribe the procedure of any proceedings for the conduct of any inquiry under this Act;
provide for the safety of employees in fossicking, panning, exploration and mining area;
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;
provide for any other matter generally to give effect to the provisions of this Act.
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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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;
fine of two thousand ringgit for every day or part of a day during which the offence continues after conviction.
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;
mineral tenement
Defined · s 3“mineral tenement” means a fossicking licence, dulang licence, individual mining licence, prospecting licence, exploration licence, proprietary mining licence, mining lease, or any of them for the purpose of exploration or mining of minerals or mineral ores, as the case may be, issued under any Federal or State law regulating mineral tenements;
Minister
Defined · s 3“Minister” means the Minister charged with the responsibility for mining and minerals;
operational mining scheme
Defined · s 3“operational mining scheme” means an operational mining scheme approved under section 10;