Malaysia legislation
Section 6
Section 6
Section 121 of the principal Act is amended—
(a)
by inserting after subsection (1) the following subsection:
“(1a) A person who contaminates or causes to be contaminated any watercourse or the water supply system or any part of the watercourse or water supply system with any substance which causes or would likely cause temporary cessation or closure of water supply system or disruption of water supply, commits an offence.”;
(b)
in subsection (2)—
(i)
by inserting after the words “subsection (1)”
the words “or (1a)”;
(ii)
in paragraph (b), by substituting for the words
“ten years or to a fine not exceeding five hundred thousand ringgit” the words “fifteen years or to a fine not less than five hundred thousand ringgit and not exceeding fifteen million ringgit”; and
(iii)
in paragraph (c), by substituting for the words
“not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding one year or to both” the words “not less than two hundred thousand ringgit and not exceeding ten million ringgit or to imprisonment for a term not exceeding ten years or to both”; and
(c)
by inserting after subsection (2) the following subsections:
“(2a) A person who is convicted for an offence under subsection (1) or (1a), shall be liable to pay the costs borne by a licensee to restore the water supply system that has been affected due to the contamination.
(2b)
The court shall, in making an order under subsection (2a), take into consideration the following factors:
(a)
the effect of the contamination;
(b)
the costs borne by the licensee;
(c)
the damage to, or the loss of, the property suffered by the licensee; and
(d)
any other factor deemed relevant by the court.
(2c)
For the purpose of making an order under subsection (2a), the court may hold an inquiry as the court thinks fit.
(2d)
Section 432 of the Criminal Procedure Code
[Act 593] shall be applicable to any order made under this section.”.
Water Services Industry (Amendment)
7
Amendment of section 122