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Section 88

Imposition of fine, remedying of breach or contravention

of Minerals Ordinance, 2004

State OrdinanceIn forceProvision 88 of 166
Section 88

—

(1)

If the State Water Authority is satisfied, after consultation with the Authority, that there are grounds on which its power to revoke the water licence is exercisable under section 86(3)(a) but the circumstances are not such as to justify revocation, the State Water Authority may in its discretion—

(a)

make an order for the payment of a fine not exceeding fifty 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 State Water Authority shall give the holder of the water licence written notice of its decision under subsection (1).

(3)

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

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

(a)

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

(b)

a notice issued under subsection (1)(b), as the case may be, on the water licence kept in its records referred to in section 90.

(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 State Water Authority shall make an order declaring the water licence revoked.

(6)

Notwithstanding subsection (4), if the State Water

Authority is satisfied that the breach or contravention continues, it shall make an order declaring the water 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 State Water Authority shall make an order declaring the water licence revoked.

(9)

Notwithstanding subsection (7), if the State Water

Authority is satisfied that the breach or contravention continues, it shall make an order declaring the water licence revoked.

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