Malaysia legislation

Section 29

of Fisheries (Adoption) Ordinance, 1994

Section 29

(2)

Application for a permit shall be made in such form as may be prescribed by the State Fisheries Officer and shall—

(a)

if the pond or lake is to be built, constructed or established on land, be accompanied by:

(i)

a certified true copy of the document of title for that land; or

(ii)

if the applicant is not the registered proprietor of the land, a written authorization from the registered proprietor thereof to use the land for aquaculture by the applicant; or

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(iii)

in the case of land held under native customary rights (as defined in the Land Code [Cap. 81 (1958 Ed.)], by a written confirmation from a Superintendent of Lands and Surveys that the applicant is the lawful claimant of the land;

(b)

a plan showing the location and size of the pond or lake; and

(c)

a copy of the Environmental Impact Assessment

Report approved by the Natural Resources and Environment

Board as required under article 3 of the Natural Resources and

Environment (Prescribed Activities) Order, 1994 [Swk. L.N.

45/94].

(3)

A permit to commence any work to build, construct or establish any pond or lake for aquaculture shall be in Form 3

prescribed in the First Schedule, and shall⎯

(a)

stipulate the number, size and depth of the pond or lake to be built, constructed or established;

(b)

stipulate the mitigating measures to be undertaken by the permit holder against environmental pollution or degradation;

(c)

stipulate the nature of undertaking to be given by the permit holder upon cessation of his aquaculture activities; and

(d)

include such other terms and conditions as the State

Fisheries Officer may deem fit to impose.

(4)

Nothing herein shall be deemed to authorize the State

Fisheries Officer to issue a permit required under this section for aquaculture on State land which is not or has not been alienated to the applicant or if the use of the land for aquaculture would constitute an infringement or breach of any condition imposed on its title or if the applicant is unable to produce the written confirmation required under subsection (2)(a) to prove he is the lawful claimant to the land to be used for aquaculture.

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Usage of pond, etc., for aquaculture