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Section 95

Maintenance of water standards

of Minerals Ordinance, 2004

State OrdinanceIn forceProvision 95 of 166
Section 95

—

(1)

Every holder of mineral tenement who uses water in connection with mining operations shall—

(a)

before it is discharged into any river, stream or watercourse; or

(b)

before it leaves the land affected by the mineral tenement, comply with such water quality standards as may be prescribed by this

Ordinance or the Environmental Quality Act 1974 [Act 127].

(2)

The Chief Inspector shall, on receipt of a complaint made in writing describing the failure on the part of any person to comply with the requirement of subsection (1), hold an inquiry into the matter of such complaint, and may, with or without such complainant, at any time order any person who fails to comply with the requirement of subsection (1) to—

(a)

undertake the necessary measure to ensure water quality standards are complied with; or

(b)

suspend mining operations until such measures are taken to comply with water quality standards.

(3)

Any measures taken to comply with an order issued under subsection (2) shall not operate to relieve any person from any liability arising under subsection (1).

(4)

In the exercise of his powers conferred by this section, the

Chief Inspector shall consult the Controller of Environmental Quality, the Director of Environment, Sarawak, and the Controller of Rivers.