Section 426

Any person who, without lawful authority, extracts, removes or transports, or permits the extraction, removal or transportation of rock material from any land commits an offence and shall, on conviction, be liable to a fine not exceeding five hundred thousand ringgit or to imprisonment for a term not exceeding five years or to both.

400

Act 828

Any person who has in his possession or custody, or under his control, any rock material otherwise than in the form in which it constitutes a natural part of the land on which it is found, shall be presumed to have extracted, removed, or transported, or permitted the extraction, removal, or transportation of, rock material without lawful authority.

Any person who abets the commission of an offence under subsection (1) commits an offence and shall, on conviction, be liable to a fine not exceeding five hundred thousand ringgit or to imprisonment for a term not exceeding five years or to both.

Any person convicted of an offence under this section may be ordered to pay to the State Authority, in addition to any fine imposed on the conviction, compensation equal to the value of the rock material in question, and of any timber felled or damaged in the course of its extraction.

For the purposes of subsection (2), the value of any rock material or timber shall, in the absence of evidence to the contrary, be taken as such amount as the Land Administrator may certify;

and any sum ordered to be paid by virtue of that subsection shall be recoverable as if it were a fine imposed on the conviction.