Malaysia legislation
Section 17
Section 17
⎯(1)
A certificate purporting to be under the hand of the
Environmental Authority certifying the amount of the cost of work done to give effect to an order made under section 10, or a copy of a determination made by the Board in the terms of section 12 purporting to be certified by the Environmental Authority as a true copy, shall until the contrary is proved, be evidence in any court of the amount due as a debt to the Government.
(2)
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.
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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⎯
(a)
prescribing the manner in which destocking and limitation of stock shall be carried out;
(b)
prescribing the time within which appeals may be lodged under section 8;
(c)
prescribing the conditions on which loans or grants in aid may be made to the Environmental Authority in respect of conservation schemes undertaken by the Authority;
* See Appeals Rules (Vol. VIII), p. 192).
Conservation of Wet Padi Land Rules (Vol. VIII), p. 187).
(d)
prescribing the conditions on which an advance may be made to an owner or occupier to enable him to carry out an order made under section 10;
(e)
prescribing the apportionment of costs between owners;
(f)
prescribing fee for the submission and approval of any reports submitted pursuant to any rules, order or direction issued by the Board under this Ordinance, and for the issuance of permits, the levying of taxes or cess and for the purposes of carrying out any measures which are necessary to protect and conserve natural resources and to protect and enhance the environment;
[Sub. Cap. A185/2019]
(g)
regulating and controlling the use of land or water;
(h)
regulating or controlling the clearing, burning, removal, disposal or destruction of vegetation and the procedure for applying for permits for the clearance, burning and disposal of vegetation;
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(i)
prohibiting, restricting or controlling the cultivation of land;
(j)
regulating the method of cultivation of land;
(k)
prescribing the manner of watering, depasturing and moving stock;
(l)
the preservation and protection of the source, course and banks of streams;
(m)
controlling water, including storm water;
(n)
the construction and maintenance of works for, or the doing or abstaining from doing of any acts necessary for, the conservation of natural resources;
(o)
prohibiting or restricting the entry into, or movement within, a conservation area of persons, vehicles, boats or animals;
(p)
the development, implementation and regulation of any environmental management system;
(q)
the manner and procedure for undertaking any environmental audit and the preparation and submission of report arising therefrom to the Board and the action and activities to be undertaken resulting from such report;
(r)
the protection and preservation of plants or geological or physiographical features of special interest in a conservation area;
(s)
regulating and controlling the construction, management and operation of—
(i)
landfill for municipal wastes or any site or area used or to be used for the storage, disposal, treatment, recycling or decomposition of municipal wastes;
(ii)
any plant or facility used or intended to be used for the storage and treatment of sewage and waste water;
(t)
prohibiting or regulating the open burning of refuse, municipal waste or other combustible matter;
(u)
prohibiting the discharge, emission or deposit into the environment of any matter, whether liquid, solid, or gaseous, or
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of radioactivity in any prescribed area as appears to the Board requisite for the protection and enhancement of the environment;
(v)
prohibiting or regulating the pollution of inland waters or of the atmosphere or soil as appears to the Board requisite for the protection and enhancement of the environment;
(w)
prohibiting or regulating any activity which may have significant environmental impact in the atmosphere or on the soils or in the inland waters of the State;
(x)
prohibiting the occupier of any premises from emitting, discharging or depositing pollutants into the atmosphere which by virtue of their nature are obnoxious or offensive;
(y)
rehabilitating any land, soil or premises or other environmental element which has been damaged as a result of pollution or activity which adversely affects the environment;
(z)
prescribing incentives to persons or body of persons for carrying out measures which are necessary to protect and conserve natural resources for the protection and enhancement of the environment;
(A)
prescribing penalties (not exceeding a fine of one hundred thousand ringgit or imprisonment for ten years) for any breach or failure to comply with such rules;
(B)
prescribing the offences which may be compounded, the persons who may compound, the limit of the sum of money to be collected for compounding such offences and the procedure and forms to be complied with in compounding;
(C)
prescribing rate of compensation that the Board may require any person to pay for damage caused to the environment by the acts, omission, neglect or default of that person; and
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(D)
all matters or things which are necessary or expedient to be prescribed for giving effect to this Ordinance.
[Am. Ord. No.9/76; Am. Cap. A12;Am. Cap. A53; Am. Cap.
A86]