Section 106
Power to declare sources of water
of Electricity Supply Enactment 2024
Subject to the provisions of the Sabah Water Resources Enactment 1998 [No.6 of 1998], the Minister may, at the request of the Commission on behalf of any licensee, by order, declare any lake, river or waterway or any part thereof to be a source of water for the purposes of the licensee as stipulated in the terms and conditions of his licence and, in making the declaration, the
Minister may impose such conditions and restrictions as he deems fit.
(2)
Notwithstanding anything contained in any written law, no person shall dam up or otherwise interfere with any such source of water without first serving on the licensee either personally or by registered post a three months’
notice, in such form as may be prescribed, specifying the work he proposes to undertake.
(3)
At any time before the expiration of the time specified in the notice, the licensee may, if he considers that the work referred to in subsection (2)
will materially affect his functions, by notice in writing served on the person, either personally or by registered post —
(a)
prohibit the person from proceeding with the work; or
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(b)
attach conditions to the undertaking of the work by the person.
(4)
Any person dissatisfied with the action taken by the licensee under subsection (3) may appeal to the Minister whose decision shall be final.
(5)
Any person who —
(a)
dams up or otherwise interferes with any source of water declared under subsection (1) without serving the notice required by subsection (2);
(b)
undertakes any work prohibited under this section; or
(c)
fails to comply with any conditions imposed under this section, commits an offence and shall, on conviction, be liable to a fine not exceeding ten thousand ringgit, and in the case of a continuing offence, to a further fine not exceeding five hundred ringgit for every day or part of a day during which the offence continues after conviction.
(6)
Notwithstanding any declaration made under subsection (1), nothing in this section shall affect any licence granted not less than twenty-five years before the date of the declaration under any written law to divert water from any lake, river or waterway, for the purpose of a public installation, the holder of which has not, in the opinion of the Minister, made reasonable use, for the purposes of the installation, of the rights arising out of the licence in connection with any lake, river, waterway or part thereof declared to be a source of water.