Malaysia legislation

Section 93

of Minerals Ordinance, 2004

Section 93

(a)

such alteration or interference is permitted in a water licence or water permit issued under this Part; or

(b)

such person has obtained the written permission the

Controller of Rivers under subsection (3).

(2)

An application for written permission to alter or interfere with the banks of any river, stream or watercourse shall be made by the holder of a mineral tenement to the Controller of Rivers in the form prescribed by the Authority.

(3)

Upon receipt of an application under subsection (2), the

Controller of Rivers may, after consultation with such other relevant authorities as he deems necessary, give written permission to the holder of a mineral tenement to alter or interfere with the banks of any river, stream or watercourse.

(4)

The Controller of Rivers may, by a written order, require any person who in the course of mining operations—

(a)

alters or interferes with the banks of any river, stream or watercourse; or

(b)

permits any other person to alter or interfere with the banks of any river, stream or watercourse, to restore the same to the condition in which it was immediately prior to such alteration or interference or to remake the same in such manner as may be prescribed in the order.

(5)

In the exercise of his powers under this section, the

Controller of Rivers shall consult the Director.

Mineral tenement holder to permit use of excess and discharged water to others