Section 37 — Environment Protection Enactment 2002

(1)

The Director may issue an abatement notice on any person requiring that person to cease, or prohibiting that person from commencing, anything done or to be done by or on behalf of that person which –

(a)

contravenes or is likely to contravene any of the provisions under this

Enactment; or

(b)

is or is likely to be obnoxious, dangerous, offensive or objectionable to such an extent that it has or is likely to have an adverse effect on the environment.

(2)

The Director may issue an abatement notice on any person requiring that person to do something that is necessary to ensure compliance by or on behalf of that

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person with any of the provisions under this Enactment and also necessary to avoid, remedy or mitigate any actual or likely adverse effect on the environment –

(a)

caused by or on behalf of that person; or

(b)

relating to any land of which the person is the owner or occupier.

(3)

An abatement notice shall not be issued on any person unless the Director has reasonable grounds for believing that any of the circumstances in subsection (1) or subsection (2) exist.

(4)

Every person who is issued with an abatement notice under this section shall comply with such notice within such time as the Director may stipulate in the notice having regard to the nature and significance of the act to be done, remedied, ceased or prohibited.

(5)

Every abatement notice shall include but not limited to the following -

(a)

the name of the person to whom it is addressed;

(b)

the reasons for the notice;

(c)

the action required to be taken or ceased or not undertaken; and

(d)

the consequences of not complying with the notice.

(6)

If any person, owner or occupier falls to carry out any work under any abatement notice, the Director may carry out the work necessary to give effect to such abatement notice, and any costs incurred therein shall be deemed to be a debt owed by such person, owner or occupier to the State Government and, until discharged, interest shall be paid thereon at the current market price.

(7)

Any appeal under section 47 paragraph (c) shall not operate as a stay of the abatement notice issued under this section.

(8)

Any person who contravenes subsection (4) commits an offence and shall, on conviction, be liable to a fine not exceeding fifty thousand ringgit or to imprisonment for term not exceed

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Right of entry