Section 5
Functions and powers of the Board
of Natural Resources And Environment Ordinance, 1949
The functions and powers of the Board shall be⎯
(a)
[Deleted by Cap. A53.];
15
(b)
to determine the mode and manner whereby natural resources can be exploited or used without damaging, polluting or causing adverse impact on the environment;
(c)
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];
(d)
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;
(e)
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;
(f)
to provide rules, guidelines and directions for the protection and enhancement of the environment in matters relating to⎯
(i)
land use (including the siting of housing, industrial and commercial estates or the creation of conservation areas);
(ii)
development and protection of sources of water supply and inland waters;
(iii)
extraction and removal of forest produce and rock materials;
(iv)
mining;
(v)
planning and development of agricultural estates;
(vi)
clearance and burning of vegetation;
16
(vii)
fishing and exploitation of marine or aquatic life and plants within the rivers of Sarawak and in the foreshores; and
(viii)
any matters over which the State exercises legislative authority by virtue of the Federal Constitution or powers delegated to the State;
(g)
to recommend to the Government rules and regulations to be prescribed for the protection and enhancement of the environment;
(h)
to provide information and education to the public regarding the protection and enhancement of the environment;
(i)
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;
(j)
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;
(k)
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;
(l)
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;
(m)
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
(n)
to direct any Environmental Authority to undertake environmental monitoring and to make periodic report to the
Board on the implementation thereof;
(o)
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;
(p)
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
(q)
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.]