Section 2
⎯(1)
of Natural Resources And Environment Ordinance, 1949
In this Ordinance⎯
“Board” means the Natural Resources and Environment
Board constituted under section 3;
“conservation area” means any area of land designated as such under section 10(6) to enable the Board to take such measures as it deems fit and necessary for the protection and conservation of natural resources to provide for the safeguard and enhancement of the environment, and includes any area of land
*
Formerly known as the Natural Resources Ordinance, this Ordinance has now been cited as the
Natural Resources and Environment Ordinance w.e.f. 1.2.94 [Swk. L.N. 4/94] ⎯see section 2 of the Natural Resources (Amendment) Ordinance, 1993 [Cap. A12] w.e.f. 1.2.94.
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declared to be a special area under section 3 of the Public Parks and Greens Ordinance, 1993 [Cap. 3];
[Ins. Cap. A12.]
“Controller” means the person appointed pursuant to section 3(9) to the office of Controller of Environmental Quality, and includes a Deputy Controller;
[Ins. Cap. A53.]
“Council” means the Environmental Quality Council established under section 4 of the Environmental Quality Act 1974 [Act 127];
[Ins. Cap. A12.]
“Deputy Chairman” ….. [Deleted by Cap. A120.];
“environment”
means the physical factors of the surroundings of the human beings including land, water, atmosphere, climate, sound, odour, taste, the biological factors of animals and plants and the social factor of aesthetics;
[Ins. Cap. A12.]
“environmental audit” means a periodic, systematic, documented and objective evaluation to determine—
(a)
the compliance status of any order, directive, approval or requirement issued or made by the Board;
(b)
the environmental management system and its performance; and
(c)
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.]
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“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.]
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“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—
(a)
any burning of materials in any incinerator;
(b)
any burning of materials in connection with the performance of religious rites or ceremonies, and funerals;
(c)
any fire used in connection with preparation or cooking of food;
[Ins. Cap. A86.]
(d)
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;
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(e)
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];
(f)
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
(g)
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.]
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“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.
(2)
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.]
(3)
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.]
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