Malaysia legislation

Section 38

of Minerals Ordinance, 2004

Section 38

(a)

make an order for the payment of a fine not exceeding five hundred thousand ringgit within a specified time; or

(b)

issue a notice in such form and manner as may be prescribed, specifying the necessary action to be taken to remedy the breach or contravention within a specified time.

(2)

The Authority shall give the holder of the prospecting licence written notice of its decision under subsection (1).

(3)

Upon service of the notice under subsection (2), the

Authority shall endorse or cause to be endorsed the particulars of—

(a)

the order made under subsection (1)(a); or

(b)

the notice issued under subsection (1)(b), as the case may be, on the prospecting licence kept in the register referred to in section 97.

(4)

If the order made under subsection (1)(a) is complied with, the endorsement under subsection (3) shall be cancelled accordingly.

(5)

If the order made under subsection (1)(a) is not complied with, the Authority may make an order declaring the prospecting licence revoked.

(6)

Notwithstanding subsection (4), if the Authority is satisfied that the breach or contravention continues, it shall make an order declaring the prospecting licence revoked.

(7)

If the notice issued under subsection (1)(b) is complied with, the endorsement under subsection (3) shall be cancelled accordingly.

(8)

If the notice issued under subsection (1)(b) is not complied with, the Authority shall make an order declaring the prospecting licence revoked.

(9)

Notwithstanding subsection (7), if the Authority is satisfied that the breach or contravention continues, it shall make an order declaring the prospecting licence revoked.

When revocation to take effect

Section 38 — Minerals Ordinance, 2004 | mylaw.my