Natural Resources And Environment Ordinance, 1949

the compliance status of any order, directive, approval or requirement issued or made by the Board;

the environmental management system and its performance; and

any risk that may be caused to the environment in regard to the use, exploitation or development of any of the natural resources of the State;

[Ins. Cap. A86.]

7

“Environmental Authority” means any local authority, statutory body or department of the State or Federal Government or such other authority, officer or person duly directed by the

Board under this Ordinance to exercise the powers conferred or perform the duties imposed upon the Environmental Authority by this Ordinance or to perform such duties or functions as may be directed by the Board for the implementation, execution or enforcement of any order, direction, ruling or decision of the

Board;

“environmental elements” means the constituent parts of the environment including the atmosphere, vegetation, land, soils, water (both inland and subterranean), wild life and animals;

[Ins. Cap. A86.]

“environmental management system” means a system or process comprising of an organizational structure with its responsibilities, procedures, practices and control for the overall management and protection of the environment;

[Ins. Cap. A86.]

“forest produce” shall have the same meaning assigned to that expression by the Forests Ordinance [Cap. 126 (1958 Ed.)];

“inland waters” means the waters of any rivers, waterways, lakes, reservoirs, watercourses, water catchment areas within the

State and in the foreshores, and includes subterranean water;

“local authority” shall have the same meaning assigned to it in the Local Authorities Ordinance, 1996 [Cap. 20];

[Sub. Cap. A86.]

“mining” means to disturb, remove, cast, carry, wash, sift, smelt, refine, crush or otherwise deal with any rock, stone, gravel, clay, sand, soil or mineral including mineral oil by any mode or method whatever for the purpose of extracting metal or mineral including mineral oil therefrom;

[Add. Cap. A185/2019.]

8

“Minister” means the Minister responsible for natural resources and environement;

[Ins. Ord. No. 11/63, Am. Cap. A185/2019.]

“municipal wastes” means any refuse or waste materials, whether solid, semi-solid or liquid in form, generated by or emanating from domestic, commercial, industrial or public premises or places including waste materials from any garden, farm, plantation or forest but excluding scheduled wastes;

[Ins. Cap. A86.]

“natural resources” means air, biological diversity of resources, minerals, oil, gas, forest produce, land, rocks, soils, sub-soils, animals, birds, plants, marine or aquatic life and waters of Sarawak;

“occupier” means any person in actual occupation of land and, in the case of land reserved or allocated for the use of a native community, includes the head of the community;

“open burning” means any fire which is ignited or lighted in the open air onto any refuse, wastes, vegetation or other combustible materials whatsoever, but does not include—

any burning of materials in any incinerator;

any burning of materials in connection with the performance of religious rites or ceremonies, and funerals;

any fire used in connection with preparation or cooking of food;

[Ins. Cap. A86.]

any burning of noxious plant declared as such under the Plant Quarantine Act 1976 [Act 167], including infected and dangerous plant according to any notice or order made under such Act and any agricultural equipment used in relation to such plants;

9

any burning of infected or diseased animal, fish or animal or fish products pursuant to subsection 12(1)(b)

of Veterinary Public Health Ordinance, 1999 [Cap. 32];

any burning of solid or liquid fuel or any structure in the conduct of research on the causes and control of fires, or for the training of any fire officer or any employee of the fire-brigade in any private organizations, educational institutions or voluntary fire brigades established under the Fire Services Act 1988 [Act 341]; or

any burning of flammable gases where the industrial flare is properly operated.

[Ins. Cap. A185/2019]

“owner” means the person in whose name the title to any land is registered, and includes any person, other than the

Government, who receives or is entitled to receive the rent or profits of any land whether on his own account or on behalf of himself and others or as agent;

“Permanent Secretary” ...... [Deleted Cap. A12.];

“plant” means any species of plant or any part thereof, including all tree and crops species and vegetation;

“pollution” means any direct or indirect alteration of the physical, thermal, chemical or biological properties of any part of the environment by discharging, emitting or depositing wastes in such amount or concentration or by the emission of noise or vibration, to any land, drain, stream or river not specifically designated by any Environmental Authority for the purpose or not designated for the type, amount or concentration of wastes discharged, emitted or deposited or by emitting noise or vibration, which is harzadous or a potential risk to public health, safety or welfare, or to animals, birds, fish or other aquatic life, or to plants;

[Sub. Cap. A120.]

10

“scheduled wastes” means any waste prescribed as such pursuant to regulations made under the Environmental of Quality

Act 1974 [Act 127];

[Ins. Cap. A86.]

“soil” includes earth, sand, rock, shales and mineral deposits;

[Ins. Cap. A86.]

“storm water” means all flow of water directly due to rainfall, before such water joins a stream;

“stream” means a watercourse of natural origin wherein water flows either continuously or intermittently, whether or not its conformation has been changed by artificial means, and includes swamps or marshes, whether forming the source or found upon the course of or feeding such watercourse;

“vegetation” means all species of plants and trees, moss, algae and fungi, and any other vegetable products of the soil or water.

In this Ordinance a reference to the Yang di-Pertua Negeri shall be construed as a reference to the Yang di-Pertua Negeri acting in accordance with the advice of the Majlis Mesyuarat Kerajaan

Negeri or of a member thereof acting under the general authority of the Majlis.

[Ins. Cap. A12.]

It shall be the duty of an Environmental Authority to carry out such duties and functions as may be directed by the Board and to implement, carry out, comply with and ensure compliance of all directions, orders and rulings of the Board made pursuant to this

Ordinance.

[Ins. Cap. A12.]

11

the Minister as Chairman;

a Deputy Chairman;

the State Attorney-General or his nominee;

the Director General of Environmental Quality or his nominee;

the Permanent Secretary to the Ministry of Resource

Planning and Environment or his nominee;

[Deleted by Cap. A185/2019]

the Permanent Secretary to the Ministry of Land

Development or his nominee;

the Director of Agriculture or his nominee;

the Director of Forests or his nominee;

the Director of Lands and Surveys or his nominee;

the Director of Irrigation and Drainage or his nominee;

and

not more than five other members with appropriate experience, knowledge or expertise.

[Am. Cap. A53; Am. Cap. A86; Am. Cap. A120.]

12

The Deputy Chairman and the members referred to in subsection (1)(l) shall be appointed by the Majlis Mesyuarat Kerajaan

Negeri.

[Ins. Cap. A86.]

[Deleted by Cap. A120.]

The appointment of the Deputy Chairman and any member made under subsection (1)(l) shall⎯

Any member of the Board or the committee established under subsection (9)(b) and any person invited under section 4(7) may be paid by the Board such remuneration and allowances as may be determined by the Minister.

The Board for the purposes of this Ordinance may sue and be sued by its name and to be described by that name for all purposes.

The Board may own, hold or have possession of any movable or immovable properties and may enter into any contract, arrangement, instrument or deed to acquire any interest in, deal with, transact upon or dispose of any such properties in the discharge of any of the functions prescribed by this Ordinance or under any other written laws.

The Board shall for the purposes of the Land Code [Cap.

81 (1958 Ed.)] be deemed to be a native.

For the discharge of its functions under this Ordinance, the board may, subject to the approval of the Minister⎯

All acts, matters and things authorized and required to be done by the Board shall be decided by resolution.

The Chairman shall, in addition to his deliberative vote as a member of the Board, have a casting vote.

The procedure of the Board and any committee established under section 3(9)(b) shall be as determined by the Board.

The Board shall meet as and when required or whenever a meeting of the Board is requisitioned by the Chairman or Deputy

Chairman.

The Chairman shall preside at all meetings of the Board and in his absence the Deputy Chairman shall preside and perform the duties and exercise the powers of the Chairman.

The Chairman may invite to any of its meetings any person who can in his opinion contribute to its deliberation but such person shall have no right to vote at the meeting.

Functions and powers of the Board

[Deleted by Cap. A53.];

15

to determine the mode and manner whereby natural resources can be exploited or used without damaging, polluting or causing adverse impact on the environment;

to determine and take such measures as may be considered necessary, including the issue of such direction or directive or order to any Environmental Authority or to any other person or body, to prevent, abate or stop the pollution of waters in the rivers or those in catchment areas within the jurisdiction of any water authority established under the Water Ordinance, 1994

[Cap. 13];

to control, stop or prohibit the destruction of vegetation for the prevention of erosion, damage or injury to the natural resources, rivers and landscapes or the protection of the environmental elements of the State;

to liaise and co-ordinate with and make representation to the Council or the Ministry charged with the responsibility for environment in the Federal Government relating to the determination of the standards for control of environment, the enforcement of any rules made pursuant to this Ordinance or under any written law relating to the environment;

to provide rules, guidelines and directions for the protection and enhancement of the environment in matters relating to⎯

land use (including the siting of housing, industrial and commercial estates or the creation of conservation areas);

planning and development of agricultural estates;

to recommend to the Government rules and regulations to be prescribed for the protection and enhancement of the environment;

to provide information and education to the public regarding the protection and enhancement of the environment;

to direct any Environmental Authority and any other person or body involved in or undertaking the development, exploitation, utilization or management of natural resources, on the steps or measures to be undertaken by them to maintain environmental quality control;

to consider, analyse and, if deem fit, approve plans, projects or specific recommendations or technical representations or advice of the Council or any experts or consultants or institutions or from any other sources concerning the measures for environmental quality control in any natural resources based development;

to make orders for the protection and enhancement of the environment and any other matters as the Board is entitled to make under section 10;

to draw up, or to direct the preparation of, develop and implement environmental management system for any conservation area or any region or specific area of the State or in relation to any prescribed activity;

to set environmental quality goals for the protection of flora, fauna and human health and to determine and take such measures as may be considered necessary for achieving such goals;

17

to direct any Environmental Authority to undertake environmental monitoring and to make periodic report to the

Board on the implementation thereof;

to direct any body or person to carry out environmental audit of any prescribed activity undertaken by him and provide a report to the Board;

to carry out such duties or exercise such powers as the

Yang di-Pertua Negeri may require or direct or as may be conferred by any other written law; and

generally to take or undertake such measures or steps as may be necessary to safeguard the quality of the environment.

[Am. Cap. A53; Am. Cap. A86.]

Board to give notice to interested parties

A summons for the attendance of a witness or for the production of any book, documents or record before the Board shall be signed and issued by the Chairman of the Board, and shall be served in the same manner as a summons for the attendance of a witness at a criminal trial.

Any person summoned to give evidence or to produce any book, documents or record or giving evidence before the Board shall be entitled to the same privileges and immunities as if he were

18

summoned to attend or were giving evidence at a trial in a Sessions

Court and may be allowed by the Board any reasonable expenses necessarily incurred by him in so attending.

[Am. Act 92, s. 111.]

Any person who fails without reasonable excuse to attend in obedience to such summons, or, subject to subsection (3), fails to answer fully to the best of his knowledge any question relevant to the matter under investigation, or when required fails to produce any book, document or record as aforesaid, shall be guilty of an offence:

Penalty, imprisonment for three months and a fine of five hundred ringgit.

Appeal from determination of Board

Any person who considers such determination is inequitable, unreasonable or unduly harsh may, within such times as may be prescribed, appeal to the Majlis Mesyuarat Kerajaan Negeri who may rescind or vary the determination of the Board or the

Controller.

Functions of Government departments, statutory bodies and local authorities.

generally co-operate with and assist the Board in carrying out the provisions of this Ordinance; and

formulate for submission to the Board conservation schemes and environmental management system in and for the area in which it has jurisdiction and may, on the recommendation of the Board and with the approval of the Majlis Mesyuarat

Kerajaan Negeri, undertake the construction of works and other measures for the conservation of natural resources or the protection and enhancement of the environment in and for the area in which it has jurisdiction.

19

that measures are necessary for⎯

the conservation of, or the prevention of injury to, natural resources; or

that having regard to all the circumstances it is just and equitable that such measures should be undertaken by the owner or occupier of such conservation area, other area or land, may order in writing the owner or occupier, as the Controller may decide, to undertake or adopt such measures as he may deem necessary for the conservation of natural resources or the protection and enhancement of the environment in such conservation area, other area or land.

[Sub. Cap. A53.]

Such order may relate to⎯

Any person who, without reasonable cause, fails, neglects or refuses to comply with or carry out any order made by the

Controller under subsection (1) shall be guilty of an offence: Penalty, in the case of a first offence, imprisonment for one year and a fine of fifty thousand ringgit and, in the case of a second or subsequent offence, imprisonment for two years and a fine of one hundred thousand ringgit. A court in addition to any penalty imposed shall also make an order requiring the person guilty of the offence, to comply with the order of the Controller within such times as the court may specify.

[Sub. Cap. A53, Am. Cap. A185/2019.]

21

Without prejudice to subsection (3), where an order made under subsection (1) is not complied with by any person subject thereto, the Board may direct in writing, an Environmental Authority, to execute, implement or carry out the requirements of such order or complete all works or acts stipulated therein, and to recover the costs thereby incurred from the person who fails, neglects or refuses to comply with the order.

[Sub. Cap. A86.]

Where an advance or incentive is given to an owner or occupier of any land to enable him to carry out an order made under subsection (1), and he fails, neglects or refuses to comply with the order, or where an Environmental Authority is directed to execute the works under subsection (4), such advance, incentive or the amount of costs and expenses incurred in carrying out and complete the requisite works, shall be a debt due by the owner or occupier of the land to the

Government and until the costs and expenses thereof are fully discharged, interest shall be charged or levied thereon at the rate of ten per centum per annum.

[Sub. Cap. A86.]

The Yang di-Pertua Negeri may, on the advice of the

Board, by notification in the Gazette designate any area of land

(whether alienated or unalienated) as a conservation area to be managed by the Board for the protection and conservation of natural resources to provide for the safeguard and enhancement of the environment on such land or to be subject to any order made by the

Board under subsection (1).

For the purpose of this section, “land” shall include river, stream, lake, watercourse or foreshores.

[Ins. Cap. A12.]

22

Board may construct works

decides that the proposed works should not be the subject of an order under section 10; and

approves such works as being in the public interest; or

approves works for the protection of inland waters or the foreshores and banks of any river against erosion and encroachment of the sea; or

approves any measures for preventing or controlling pollution and protecting and enhancing the quality of the environment, the Board may undertake, construct and maintain upon any land such works or activity as the Board may deem necessary for the protection, conservation and improvement of natural resources and for the protection and enhancement of the environment.

[Sub. Cap. A12.]

Reports on activities having impact on environment and natural resources

*11A.⎯(1) The Board may, subject to such rules as may be made under section 18, by order published in the Gazette, require any person undertaking the following activities:

development of agricultural estates or plantation of an area exceeding the dimension specified in the said order;

clearing of forest areas for the establishment of agricultural estates or plantation;

carrying out of logging operations in forest areas which have previously been logged or in respect whereof coupes have previously been declared to have been closed by the Director of

Forests under the Forests Ordinance [Cap. 126 (1958 Ed.)];

_______________

* See the Natural Resources and Environment (Prescribed Activities) Order, 1994 [Swk. L.N. 45/94].

23

carrying out of any activity, including exploration for minerals, mining, farming, clearance of vegetation and setting up of agricultural estates in any area which in the opinion of the

Board may pollute or in any way affect the sources of supply of water for human consumption;

development of commercial, industrial and housing estates of an area exceeding the dimension specified in the said

Order;

extraction and removal of rock materials;

activities which may cause pollution of inland waters of the State or endanger marine or aquatic life, organism or plants in inland waters, or pollution of the air, or erosion of the banks of any rivers, watercourses or the foreshores and fisheries;

establishment of, or the use of any land for, landfill or for the storage, disposal, treatment, recycling or decomposition of municipal wastes;

establishment or construction of any plant or facility for the treatment of sewage and waste water; or

any other activities which may injure, damage or have any adverse impact on the quality of the environment or the natural resources of the State, to submit to the Board a report from such expert or authority and in such form as may be approved by the Board, on the impact of such activities on the natural resources and environment and any other particulars or information as may be required by the Board.

[Am. Cap. A12; Am. Cap. A86.]

24

Upon consideration of such report, and having regard to the standards and recommendations of the Council, and after making all necessary enquiries and seeking any further opinion as the Board may deem desirable or necessary, the Board may approve the report with or without conditions, and the Board may make such Order or direction as the Board is empowered to do under section 10 or any other provisions of this Ordinance or to undertake such works as may be deemed necessary under section 11.

No person shall carry out or commence any preparatory work relating to any activity or part thereof specified in subsection (1)

or any order made under it unless the Board has approved the report required to be submitted to it pursuant to this section.

[Am. Cap. A120.]

Where the Board, after examining the contents of the report, considers it reasonable and where the decision is not expected to have any significant adverse effect on the environment, the Board may decide that specified preparatory work relating to the activity or specified part of the activity may be carried out or commenced before the approval of the report.

Any condition imposed by the Board when approving any report submitted pursuant to this section or any order made under it shall be deemed to have the legal effect of an order made under section 10 and may be enforced accordingly.

Any person who contravenes this section shall be guilty of an offence: Penalty, a fine not exceeding ten thousand ringgit or an imprisonment not exceeding five years or both.

[Ins. Cap. A120.]

Nothing in this section shall authorize or deem to have authorized the Board or the Yang di-Pertua Negeri, in the exercise of the powers conferred under section 18, to make any Order, direction, guidelines, rules or regulations in regard to the environment affecting matters over which the State, by virtue of the Federal Constitution, has no legislative authority.

25

Apportionment of costs

If the Board is of opinion that, having regard to all the circumstances, it is just and equitable that the owner of any land upon which any such works have been executed, or such owner and the owners of any other land which, in its opinion, has benefited from such works, should pay or contribute towards the cost thereof, it shall notify the owner or each of the owners accordingly, and shall in such notification specify the amount of such costs, if any, to be borne by the Government and the amount of payment or contribution to be made by such owner or by each of such owners.

[Am. Cap. A12; Am. Cap. A120.]

The amount of payment or contribution fixed by the Board in terms of subsection (2) shall be a debt due by the owner to the

Government and, until discharged, interest shall be paid thereon at the rate of three per cent per year, with effect from the date of notification.

The Board may, subject to such rules as may be made under section 18, provide incentives, by way of awards, grants or other forms of monetary awards, to owners or occupiers who carry out or complete any works, which are the subject of an order made under section 10, if it appears to the Board that they merit such incentives.

26

Rights of entry

The exercise of the rights conferred by subsection (1) shall be subject to the following restrictions:

If any person prevents such entry on any area as is authorized by this section, or wilfully obstructs or hinders any person so authorized in lawfully carrying out his powers or duties under this

Ordinance he shall be guilty of an offence: Penalty, in the case of a first offence, imprisonment for six months and a fine of five thousand ringgit and, in the case of a second or subsequent offence, imprisonment for one year and a fine of ten thousand ringgit.

27

Penalty for discharge of storm water

Destocking and limitation of stock in terms of this section shall be carried out in accordance with rules made under section 18.

Evidence

A copy of a determination made by the Board in the terms of section 10 or 11 purporting to be certified by the Environmental

Authority as a true copy shall be conclusive evidence in any court that a determination was made by the Board in the terms of the certified copy.

28

Rules

*18.

The Majlis Mesyuarat Kerajaan Negeri may make rules generally for the purpose of carrying out the provisions of this

Ordinance and, in particular, such rules may provide for⎯

The Fund shall consist of⎯

paying any expenditure lawfully incurred by the Board, including legal fees and other fees and costs, and the salaries, remuneration and allowances of members, committees, officers and servants appointed and employed by the Board, including superannuation allowances, provident fund, pensions and gratuities;

paying any other expenses, costs or expenditure properly incurred or accepted by the Board in the performance of its functions or the exercise of its functions and powers under section 5;

granting loans, advances, incentives or other financial assistance approved by the Board;

purchasing or hiring equipment, vehicles, machinery, stores and any other materials, acquiring land and erecting buildings, and carrying out any other works and undertakings in the performance of its functions or the exercise of its powers under section 5;

repaying any moneys borrowed under this Ordinance and the interest due thereon; and

generally, paying any expenses for carrying into effect the provisions of this Ordinance and any rules made hereunder.

33

Expenditure and preparation of estimates