Control Livestock Activities Pig Rules 2008

have been developed on a scale which allows implementation under economically and technically viable conditions, taking into consideration the cost and advantages, irrespective of whether or not the techniques are used or produced in Malaysia, as long as they are reasonably accessible to the owner of the pig farm;

have been found to be the most appropriate in achieving a high general level of protection of the environment; and

includes both the technology used and the way in which the application or installation is designed, built, operated and maintained;

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“building” includes any house, hut, shed or enclosure, whether roofed or not, used for sheltering or confining any pig and any pen, cage, wall, gate, pillar, post, paling, frame, hoarding, fence, platform, roadway, path, steps, staging, slip, wharf, dock, piles, jetty, landing stage or bridge, or any structure connected with the foregoing;

“Director” means the Director of Veterinary Services and Animal Industry Sabah;

“licence” means a licence issued by the Director under subrule 8 (4);

“Minister” means the Minister charged with the responsibility for animal husbandry and veterinary services;

“owner” means the registered proprietor thereof or any person in occupation of land by virtue of any licence issued or rights recognised under the Land Ordinance [Sabah Cap. 68], who operates pig farming on such land or any person who operates pig farming by virtue of a legal agreement with the registered proprietor;

“pig” means any pig of any age, sex or type;

“pig farm” means any area of land, any confined place, premise or establishment used for pig farming;

“pig farming” means the breeding, keeping, rearing, maintenance and treatment of pig including the treatment, storage, transportation and disposal of wastes, as a commercial undertaking or for sale and regardless of standing population;

“pollution” means any direct and indirect alteration of the environment or any part thereof by discharging, emitting, or depositing wastes or pollutants thereby causing hazard to the environment or causing a condition which is hazardous or potentially hazardous to public health and safety or welfare, or to animal, birds, fish, aquatic life or plants;

“standing pig population” means the total number of pig kept in a pig farm at any time;

“veterinary authority” means the Director of Veterinary Services and Animal Industry or any

Government Officer authorised by him in writing to exercise any power under these Rules;

“waste” means the faeces, urine, bedding materials, rejected carcass or body parts of pig, and includes leftover feed, water used for the washing, bathing or cleansing of pig, water or liquid used for the flushing and cleansing of any pig farm;

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“waste storage facility” means an earthen, steel, concrete or synthetic material containment system, with or without a roof or covering enclosing the surface area of the container, used for the storage or liquid or solid pig waste;

“watercourse” includes any river, stream, canal, drain, well, spring, pond, pool, waterfall, reservoir, lake and any part of the sea abutting the foreshore, and any other water body, including water on wetlands.

Licence requirements

Any person who operates pig farming shall submit an application for the issuance of a licence to the Director made in the form as prescribed in the First Schedule together with a processing fee of Ringgit

Malaysia fifty.

The Director may not process any application for the issuance of a licence if the applicant fails to submit additional information required within a specified time period for submission.

An applicant may include in the application for a licence any future plan for alterations or extensions of farm infrastructure to be covered in the licence.

Any alteration or extension not specified in the licence which may cause significant adverse effect on the environment shall not be undertaken until the Director has approved such alteration or extension and has specified the relevant condition.

Consultation with relevant authorities

the necessary measures available in the farm to prevent and control pollution by means of the best available techniques;

whether the farm can be operated on the site with minimum negative impacts on the environment;

the potential for optimising the consumption of energy and other raw materials has been exploited; and

the production of waste has been minimised, and the potential for reuse or recycling of waste has been exploited.

Issuance of licence

An application for a licence may be approved by the Director when all the necessary requirements have been fulfilled by the applicant.

No licence shall be issued for any existing pig farming unless the Director is satisfied that the following requirements have been fulfilled –

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A fee as prescribed in the Third Schedule shall be imposed on every licence issued and it expires on the 31st day of December of the year which it is granted.

The Director having satisfied himself that the conditions have been complied with, and the prescribed fee has been paid may issue a licence made in the form as prescribed in the Fourth Schedule.

Any licence issued shall not be transferable except with the written consent of the Director.

Term of licence

the size, design, operation and maintenance of the pig farm required to ensure that the farm does not cause pollution or significant adverse effect on the surrounding areas which shall include but not limited to the following:

size of the pig farm;

the transportation of pig or pig waste to and from the farm, without causing nuisance to the people in the surrounding areas which shall include but not limited to the following:

specific routes to be used;

the storage and disposal of pig waste, without causing significant nuisance to the people in the surrounding areas or cause pollution to watercourses which shall include but not limited to the following:

location, design and maintenance of pig waste treatment and storage facilities and drainage ways; and

the reduction of odour and noise pollution to minimise nuisances to the people in the surrounding areas which shall include distance to the nearest neighbour;

the protection of surface and drinking water required to secure acceptable levels of water quality and safe drinking water supplies which shall include but not limited to the following:

maximum quantities for each outlet discharging polluting substances to watercourses in compliance with the standard prescribed under the Environment Protection Enactment 2002 or under any written law; and

the handling of hazardous waste and carcasses required to ensure safe handling and disposal which shall include but not limited to the following:

management, storage, transportation and disposal of hazardous waste; and

notwithstanding subrules (a) to (f), the Director may incorporate into the conditions of a licence relevant provisions or requirements of other related laws or regulations as he deems fit.

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Conditional approval

The Director may require the submission of the annual report made in accordance to subrule 16 (1) before a new licence is issued and may impose additional conditions to the licence.

The Director may refuse to renew a licence if he is satisfied that there has been a breach of any of the provisions of these Rules or any of the conditions of the licence or any provisions of any written laws.

Suspension and revocation of licence

Service of notice of such suspension or revocation of a licence shall be affected by –

Any appeal made under these Rules shall be made within thirty (30) days of the decision by stating the grounds of appeal and every notice of appeal shall be accompanied with an appeal fee of Ringgit

Malaysia fifty only.

The decision of the Minister under these Rules shall be final.

Annual report

The Director or any authorised officer may conduct on-site inspection at any time for each licensed pig farm to ensure compliance to the terms and conditions of the licence or any of the provisions of these Rules.

Power of entry and investigation

enter, inspect, examine or investigate any pig farm, or any land, building or premises in respect of which he has reasonable cause to suspect is being used for pig farming;

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require the owner to render all necessary assistance or to furnish such information as may be required;

collect or remove any sample or evidence from the pig farm; or

stop, detain, enter or examine any conveyance used for the transportation of pig.

Offences and penalty

Any person who contravenes the provisions of these Rules shall be guilty of an offence.

Any person who wilfully submits to the Director any false information or report for the purpose of obtaining a licence or deceiving the Director, shall be guilty of an offence.

Where an employee of the pig farm commits an offence under these Rules, the owner shall, notwithstanding that he has no knowledge of the offence, be deemed to be guilty of the offence unless the owner proves that –

Any person guilty of an offence against these Rules shall be liable to imprisonment for three months or a fine of two thousand Ringgit Malaysia or both.

Power to report occurrence of pollution

direct discharge of pig waste into watercourses;

deterioration or leak in pig waste treatment and storage facilities;

failure to maintain adequate pig waste storage capacity;

disposal of pig waste where runoff enters watercourses; or

discharge that bypasses the pig waste treatment or storage facilities.

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Existing pig farm to be licensed

The owner of an existing pig farm at the time these Rules come into force shall, if covered by these Rules, submit an application for a licence within three (3) months after these Rules come into force.

FIRST SCHEDULE

Control of Livestock Activities (Pig) Rules 2008

[Rule 3 (2)]

APPLICATION FOR LICENCE TO OPERATE PIG FARM

Name of Applicant (Include a passport size photograph):

…………………………………………………………………………………………………………….

Date and Place of Birth: ……………………………………………………………………………….

Identity Card/Passport No.: ……………………………………………………………………………

Nationality: ………………………………………………………………………………………………

Address: …………………………………………………………………………………………………

…………………………………………………………………………………………………………….

…………………………………………………………………………………………………………….

Telephone No.: …………………………………………………………………………………………

Fax No.: …………………………………………………………………………………………………

Name of pig farm: ……………………………………………………………………………………..

Address of pig farm: ……………………………………………………………………………………

…………………………………………………………………………………………………………….

…………………………………………………………………………………………………………….

Cadastral number of pig farm (Enclose a certified copy of land title with condition permissible for livestock farming):

……………………………………………………………………………………………………………..

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Name of the owner to the Property (where the pig farm is located or is desired to be constructed if the owner is not identical to the applicant):

…………………………………………………………………………………………………………….

Address: ………………………………………………………………………………………………….

……………………………………………………………………………………………………………..

…………………………………………………………………………………………………………….

Telephone No.: ………………………………………………………………………………………….

Fax No.: ………………………………………………………………………………………………….

Name of the contact person for the pig farm:

…………………………………………………………………………………………………………….

Address: ………………………………………………………………………………………………….

…………………………………………………………………………………………………………….

……………………………………………………………………………………………………………...

Telephone No.: …………………………………………………………………………………………..

The list of approvals and permits required to be obtained by the applicant:

……………………………………………………………………………………………………………...

……………………………………………………………………………………………………………...

The status of the approvals and permits:

……………………………………………………………………………………………………………..

…………………………………………………………………………………………………………….

Type of farm: …………………………………………………………………………………………….

Brief description of the project (whether this is an existing or a new pig farm, or alteration or extension of an existing pig farm):

……………………………………………………………………………………………………………...

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List of future alteration or extension of building or waste treatment or storage facilities (If any):

……………………………………………………………………………………………………………..

Include a map on an appropriate scale of minimum 1:50,000 showing the location of the pig farm within a minimum radius of 3 km of its surroundings including adjacent land, neighbouring houses, rivers, streams, religious premises, schools, cemeteries, tourism spots or any other land use.

Attach a layout plan of the pig farm on an appropriate scale showing the location and features of pig rearing facilities, sites, drainage, waste treatment and storage facilities, other storing facilities, location of paved areas, rivers and streams, and other farming activities.

Provide information on the spatial planning provisions (district or local plan) applicable to the area in which the pig farm is located or is planned to be established and for adjacent land and an account of the actual use of this land, name of jurisdiction of the local authority.

Date of commencement: ……………………………………………………………………………….

Date of completion: ……………………………………………………………………………………...

Date of operation: …………………………………………………………………………………………

Expected time schedule of implementation of future plans for extension or alterations:

……………………………………………………………………………………………………………...

Types of farm: ……………………………………………………………………………………………

Number of standing pig population as per date of application:

……………………………………………………………………………………………………………..

Future production plans (indicate number of sows):

……………………………………………………………………………………………………………..

Size of used land for pig farming (in hectares):

…………………………………………………………………………………………………………….

Size of unused land for pig farming (in hectares):

……………………………………………………………………………………………………………..

Attach a description of the design and operational procedures for the pig farm.

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Attach a layout plan showing the location of sources of noise and odour and areas possibly impacted by such odour and noise emission.

Description of the methods chosen to reduce odour and noise nuisance:

……………………………………………………………………………………………………………..

Transportation activities to and from the pig farm:

……………………………………………………………………………………………………………..

Quantity: …………………………………………………………………………………………………

Composition: …………………………………………………………………………………………….

Discharge points: ……………………………………………………………………………………….

Disposal sites of waste and wastewater from pig farm:

…………………………………………………………………………………………………………….

…………………………………………………………………………………………………………….

…………………………………………………………………………………………………………..

Description of the methods chosen to reduce pollution from waste and wastewater, including information on the design of waste treatment and storage facilities (type, size and capacity), frequency of maintenance of waste treatment facilities and system, (pond/lagoon system (sketch the layout on attached sheet), volume of sedimentation pit, number of ponds/lagoon, approximately volume of each pond, lining, rainwater diversion system preventing runoff entering the ponds, type of separator, place of final effluent discharge).

Method of disposal of carcasses:

……………………………………………………………………………………………………………..

……………………………………………………………………………………………………………..

…………………………………………………………………………………………………………….

Name of the owner to the Property (where the pig farm is located or is desired to be constructed if the owner is not identical to the applicant):

…………………………………………………………………………………………………

Address:

…………………………………………………………………………………

…………………………………………………………………………………

…………………………………………………………………………………

Telephone No.: ……………………………………………………………………………

Fax No.: ……………………………………………………………………………………

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Name of the contact person for the pig farm:

………………………………………………………………………………………………

Address:

………………………………………………………………………………

…………………………………………………………………………………

………………………………………………………………………………

Telephone No.: ……………………………………………………………………………

Date of issuance of licence

:

………………………………………………

Date of expiry of licence

:

………………………………………………

Approval reference

:

………………………………………………

List of complaints (if any)

:

Type of pig farm: ……………………………………………………………………………

Number of standing pig population as per date of application ................................ Heads

Future production plans (number of sows): ............................................................ Heads

Size of used land for pig farming .............................................................................. Hectares

Size of unused land for pig farming .......................................................................... Hectares 6.

Declaration

I ........................................................................................................................................... , holder of

Identity Card No ......................................................................................................................residing at ………………………………………………………………………………………………

…………………………………………………………………………………………………

hereby solemnly and conscientiously declare that to the best of my knowledge and belief the information and particulars stated above are true in substance and in fact.

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Signature: ……………………………………

Name: …………………………………………

Designation: ……………………………………

Date: ……………………………………………

Company Seal: ……………………………………

SIXTH SCHEDULE

Control of Livestock Activities (Pig) Rules 2008

[Rule 15 (1)]

APPEAL

To:

The Minister,

Ministry of Agriculture and Food Industry Sabah.

I/We wish to appeal to the decision of the

Director made/issued on the

………………………………………

day of ………………………………………………………

to reject my/our application;

to refuse the renewal my/our licence;

to suspend/revoke my/our licence.

The reasons for the appeal are as follows –

Signature

:

……………………………………………………………

Name

:

……………………………………………………………

Identity card/passport number

:

……………………………………………………………

Name of company/livestock farm

:

…………………………………………………………….

Address

:

…………………………………………………………….

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…………………………………………………………….

……………………………………………………………..

Telephone

:

…………………………………………………………….

Date

:

……………………………………………………………

SEVENTH SCHEDULE

Control of Livestock Activities (Pig) Rules 2008

[Rule 16 (1)]

ANNUAL REPORT