Section 11

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].

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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.]

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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.

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Apportionment of costs