Malaysia legislation
Section 10
Section 10
⎯(1)
(a)
that measures are necessary for⎯
(i)
the conservation of, or the prevention of injury to, natural resources; or
(ii)
the protection and enhancement of the environment or the prevention and control of such activities which may cause pollution, either within a conservation area or in any other area or on any land; and
(b)
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.]
(2)
Such order may relate to⎯
(a)
the use to which the conservation area or land may be put and the manner thereof;
(b)
the prohibition, restriction or control of the burning, clearing or destruction of vegetation, or the breaking up or clearing of conservation area or land for any purpose;
(c)
the prohibition, restriction or control of cultivation of any part of the conservation area or land;
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(d)
the method of the cultivation, clearing and disposal of vegetation either within any conservation area or any other area or on any land;
(e)
the manner of watering, depasturing and moving stock;
(f)
the preservation and protection of the source, course and banks of streams;
(g)
the protection and control of water, the sources of supply of water required for human consumption, including inland waters;
(h)
the construction and maintenance of works for, or the doing or abstaining from doing any act which in the opinion of the Board is necessary for, the conservation of natural resources or the protection and enhancement of the environment;
(i)
the location or relocation of any agricultural, housing or industrial estates, farms, water catchment areas, places for fish or aqua culture in inland waters;
(j)
the mode, manner and places for discharge of water, sewage and other effluent into any inland waters and the emission of smoke into the atmosphere; or
(k)
the preparation, development and implementation of an environmental management system, to be approved by the Board, for any area or land described in the order and within such time as may be stipulated therein.
[Am. Cap. A12; Am. Cap. A53; Am. Cap. A86.]
(3)
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.]
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(4)
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.]
(5)
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.]
(6)
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).
(7)
For the purpose of this section, “land” shall include river, stream, lake, watercourse or foreshores.
[Ins. Cap. A12.]
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Board may construct works