PERATURAN-PERATURAN PEMBANGUNAN MINERAL (PELESENAN) 2016

Pelan pengurusan penyimpanan yang disebut dalam Peraturan-Peraturan ini ialah suatu pelan pengurusan yang diperakukan oleh seorang perunding yang mengandungi―

Skim pemprosesan mineral yang disebut dalam Peraturan-Peraturan ini ialah suatu skim pemprosesan mineral yang diperakukan oleh seorang perunding yang mengandungi―

Peraturan 9, 10 dan 11 tidak terpakai bagi pemegang lesen mengangkut mineral.

Apa-apa fi yang dibayar menurut Peraturan-Peraturan ini tidak akan dikembalikan.

JADUAL

[Peraturan 7, 8, 9, dan 11]

Fi

Bil.

Peraturan

Perihalan

Kadar fi (RM)

1.

Peraturan 7

Fi permohonan—

(a)

lesen bagi aktiviti di bawah perenggan 6(1)(a)

(b)

lesen bagi aktiviti di bawah perenggan 6(1)(b)

(c)

lesen bagi aktiviti di bawah perenggan 6(1)(c)

500.00

1,000.00

10.00 2.

Peraturan 8 dan 9

Fi pengeluaran—

(a)

lesen bagi aktiviti di bawah perenggan 6(1)(a)

(b)

lesen bagi aktiviti di bawah perenggan 6(1)(b)

(c)

lesen bagi aktiviti di bawah perenggan 6(1)(c)

1,000.00 bagi setiap tahun

2,000.00 bagi setiap tahun

5.00 bagi tiap-tiap lesen yang dikeluarkan 3.

Peraturan 9

Fi pembaharuan—

Fi pembaharuan lewat—

300.00

600.00

1,500.00

P.U. (A) 337 20

3,000.00 4.

Peraturan 11

Fi penggantian lesen 200.00

Dibuat 15 Disember 2016

[NRE/PUU611-5/16; PN(PU2)439/VI]

DATO’ SRI DR. HAJI WAN JUNAIDI BIN TUANKU JAAFAR

Menteri Sumber Asli dan Alam Sekitar

P.U. (A) 337 21

MINERAL DEVELOPMENT ACT 1994

MINERAL DEVELOPMENT (LICENSING) REGULATIONS 2016

IN exercise of the powers conferred by section 63

of the

Mineral Development Act 1994 [Act 525], the Minister makes the following regulations:

Citation and commencement 1.

(1)

These regulations may be cited as the Mineral Development (Licensing)

Regulations 2016.

(2)

These Regulations come into operation on 1 January 2017.

Interpretation 2.

(1)

In these Regulations—

“premises manager” means a manager appointed under regulation 18;

“consultant” means a professional mining or mineral resources engineer registered with the Board of Engineers Malaysia;

“premises” means any premises for mineral storage or mineral processing premises located outside the mineral tenement.

(2)

In these Regulations, any reference to mineral includes a reference to mineral ores.

Storage management plan 3.

A storage management plan referred to in these Regulations is a management plan certified by a consultant which contains―

(a)

the particulars of the applicant;

P.U. (A) 337 23

(b)

the approval from the relevant authorities to use land for the purposes of mineral storage activities;

(c)

any documents proving the rights to use land for the purposes of mineral storage activities;

(d)

a layout plan of the mineral storage area together with the details of the area;

(e)

the information in relation to the proposed safety measures to be taken at the time of handling of minerals;

(f)

the information in relation to the environmental protection measures including the information in relation to pollution control and mitigation, monitoring plans and contingency plans, where applicable;

(g)

the information in relation to the handling of solid waste, effluent discharge or gas emission; and

(h)

a post closure plan of the mineral storage activities, where applicable.

Mineral processing scheme 4.

A mineral processing scheme referred to in these Regulations is a mineral processing scheme certified by a consultant which contains―

(a)

the particulars of the applicant;

(b)

the approval from the relevant authorities to use land for the purpose of mineral processing activities;

(c)

any documents proving the rights to use land for the purpose of mineral processing activities;

P.U. (A) 337 24

(d)

a layout plan of the mineral processing premises containing the relevant information including processing area, stock storage, tailings impoundment and effluent spillway;

(e)

details of an area within three kilometre radius from the mineral processing premises including all public interests in the area;

(f)

the proposed mineral processing method and the equipment to be used;

(g)

the information in relation to monthly capacity of the mineral processing premises;

(h)

the information in relation to the methods of storage and the handling of hazardous materials, where applicable;

(i)

the information in relation to the handling of solid waste, effluent discharge or gas emission;

(j)

the information in relation to the environmental protection measures including the information in relation to pollution control and mitigation and monitoring plans and contingency plans, where applicable;

(k)

a post closure plan of the mineral processing activities; and

(l)

a safety management plan containing the following particulars:

(i)

identification of hazardous areas, materials and activities, and assessment of risks arising from those hazardous activities;

(ii)

measures to control the risks mentioned in subparagraph (i);

(iii)

a safety training programme; and

P.U. (A) 337 25

(iv)

emergency response procedures which includes—

(A)

measures for ensuring safety and stability of waste dumps and tailings impoundment;

(B)

the provision of appropriate safety facilities, equipment and warning system; and

(C)

the manner of informing the relevant authorities in the event of any emergency.

Prohibition to obtain minerals from illegal source 5.

(1)

No person shall possess, purchase, sell, store, process or transport any minerals obtained from any source except from a holder of a valid mineral licence, a holder of a valid mineral processing licence, a holder of a valid mineral tenement or a valid mineral importer.

(2)

Any person who contravenes subregulation (1) commits an offence and shall, on conviction, be liable to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding five years or to both.

Activities requiring licence 6.

(1)

Subject to the rights of the holder of any mineral tenement provided under any written law, no person shall—

(a)

possess, purchase, sell or store any minerals unless the person holds a mineral licence;

(b)

carry out any mineral processing activities unless the person holds a mineral processing licence; or

(c)

transport any mineral unless the person holds a licence to transport mineral.

P.U. (A) 337 26

(2)

Paragraph (1)(a) shall not apply where a person has been granted a mineral processing licence referred to in paragraph (1)(b).

(3)

Paragraph (1)(c) shall not apply to any person who holds a document for movement of mineral under any mining laws being in force.

(4)

Any person who contravenes paragraphs (1)(a) or (b) commits an offence and shall, on conviction, be liable to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding five years or to both.

(5)

Any person who contravenes paragraph (1)(c) commits an offence and shall, on conviction, be liable to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding three years or to both.

Application for licence 7.

(1)

An application for a licence to carry out activities referred to in paragraph 6(1)(a) or (b) shall be made to the Director in such form and manner as determined by the Director together with an application fee as specified in the Schedule.

(2)

An application for a licence to carry out activities referred to in paragraph 6(1)(c) shall be made to the Assistant Director in such form and manner as determined by the Assistant Director together with an application fee as specified in the

Schedule.

(3)

The application referred to in subregulation (2) shall only be made by a holder of mineral licence or a holder of mineral processing licence issued under these

Regulations.

(4)

An application for a licence to carry out―

(a)

mineral storage activities shall be accompanied with a storage management plan; or

P.U. (A) 337 27

(b)

mineral processing activities shall be accompanied with a mineral processing scheme.

(5)

In relation to mineral storage activities, where the mineral is stored in an area managed by a management body, the application for a licence shall be made by that management body.

(6)

The Director may, at any time upon receiving an application under subregulation (1), require the applicant to provide further information to the Director.

(7)

The Assistant Director may, at any time upon receiving an application under subregulation (2), require the applicant to provide further information to the

Assistant Director.

(8)

Where the information required under subregulation (6) or (7) is not provided by the applicant within the specified period or any extended period specified by the Director or Assistant Director, as the case may be, the application shall be deemed to be withdrawn without prejudice to the rights of the applicant to make a new application.

(9)

An application under subregulation (1) or (2) may be withdrawn at any time before the Director or Assistant Director, as the case may be, issue a written notice in relation to his decision.

(10)

For the purposes of this regulation, “management body” means a person who provides services for mineral storage in an area approved by the local planning authority.

Issuance of licence 8.

(1)

After considering the application under subregulation 7(1) and information under subregulation 7(6), the Director may approve or refuse the application.

P.U. (A) 337 28

(2)

After considering the application under subregulation 7(2) and information under subregulation 7(7), the Assistant Director may approve or refuse the application.

(3)

The Director or Assistant Director, as the case may be, shall issue a written notice of his decision to the applicant.

(4)

Where the Director or Assistant Director, as the case may be, approves the application under subregulation 7(1) or (2), the applicant shall pay an issuance fee of a licence as specified in the Schedule before the licence is issued.

Renewal of licence 9.

(1)

A holder of mineral licence or mineral processing licence may apply to renew the licence to the Director in such form and manner as determined by the

Director together with the payment of a renewal fee as specified in the Schedule.

(2)

An application to renew a licence shall be made not less than three months before the expiration of the licence.

(3)

Any application to renew a licence received less than three months before the expiration of the licence shall be subjected to the payment of a renewal fee and a late renewal fee as specified in the Schedule.

(4)

Any application to renew a licence made after the expiration of licence shall not be considered for approval.

(5)

Where the Director decides to renew the licence under subregulation (1)

or (3), the applicant shall pay an issuance fee as prescribed in the Schedule to the

Director before the licence is renewed.

P.U. (A) 337 29

Change of particulars 10.

(1)

Every holder of a mineral licence or mineral processing licence shall, within a period of one month from the occurrence of any changes of particulars in the licence, inform in writing to the Director of such changes.

(2)

Any person who contravenes subregulation (1) commits an offence and shall, on conviction, be liable to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding six months or to both.

Replacement of licence 11.

(1)

Where a licence is lost, defaced or damaged, the holder of a mineral or mineral processing licence shall apply for a copy of the licence from the Director together with a replacement fee as specified in the Schedule.

(2)

The Director shall issue a copy of the licence with the word “PENDUA”

endorsed on the copy of the licence.

Non-application of regulations 9, 10 and 11 12.

Regulations 9, 10 and 11 shall not apply to a holder of licence to transport mineral.

Validity of licence 13.

(1)

Every licence issued for the activities referred to in paragraph 6(1)(a)

shall be valid for a period of not more than three years.

(2)

Every licence issued for the activities referred to in paragraph 6(1)(b)

shall be valid for a period of not more than five years.

(3)

Every licence issued for the activities referred to in paragraph 6(1)(c)

shall be valid for a period of not more than six months.

P.U. (A) 337 30

(4)

Notwithstanding subregulation (3), where a licence to transport mineral has been used by any person to transport mineral, such licence shall no longer be valid for subsequent transportation of mineral.

Compliance with conditions of licence 14.

(1)

The Director may impose any conditions in relation to a licence issued under subregulation 8(1).

(2)

The Assistant Director may impose any conditions in relation to a licence issued under subregulation 8(2).

(3)

The Director or Assistant Director, as the case may be, may at any time amend any conditions imposed under subregulation (1) or (2), where applicable.

(4)

A holder of a licence shall comply with conditions imposed on the licence.

(5)

Any holder of a licence who contravenes subregulation (4) commits an offence and shall, on conviction, be liable to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding three years or to both.

Assignment of licence 15.

(1)

A holder of a licence shall not assign his licence to any other person.

(2)

Any holder of a licence who contravenes subregulation (1) commits an offence and shall, on conviction, be liable to a fine not exceeding twenty-five thousand ringgit or to imprisonment for a term not exceeding one year or to both.

Revocation of licence 16.

(1)

Subject to subregulation (2), the Director, in relation to a licence issued under subregulation 8(1), or the Assistant Director, in relation to a licence issued under subregulation 8(2), may revoke a licence, where the Director or Assistant Director, as the case maybe, is satisfied that—

P.U. (A) 337 31

(a)

the holder of the licence has breached any conditions specified in the licence;

(b)

the holder of the licence has failed to comply with any provisions of the Act;

(c)

the holder of licence has failed to comply with any provisions of these Regulations;

(d)

the holder of the licence has been convicted of any offence under these Regulations; or

(e)

the granting of the licence was induced by a false representation of fact by or on behalf of the holder of the licence.

(2)

The Director or Assistant Director, as the case may be, shall not revoke the licence unless he is satisfied, after giving the holder of the licence an opportunity to make representation in writing, that the licence should be revoked.

(3)

Where a licence is revoked under subregulation (1), the Director or

Assistant Director, as the case may be, shall issue a notice in writing to the licence holder.

Display or produce of licence 17.

(1)

A holder of a mineral licence or mineral processing licence or a premises manager appointed under regulation 18 shall—

(a)

display the licence at a conspicuous place at the premises specified in the licence; and

(b)

produce the licence for the purpose of inspection upon request by any mines officer.

P.U. (A) 337 32

(2)

Any person who transports minerals shall produce the licence to transport mineral for the purpose of inspection upon request by any mines officer.

(3)

Any holder of a mineral licence or mineral processing licence or a premises manager who contravenes subregulation (1) commits an offence and shall, on conviction, be liable to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding six months or to both.

(4)

Any person who contravenes subregulation (2) commits an offence and shall, on conviction, be liable to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding six months or to both.

Appointment of premises manager 18.

(1)

A holder of a mineral licence who carries out mineral storage activities and a holder of a mineral processing licence shall, subject to the approval of the

Assistant Director, appoints a premises manager.

(2)

Where the manager appointed under subregulation (1) ceases to be the premises manager, the holder of a licence referred to in subregulation (1) shall, subject to the approval of the Assistant Director, within three days from the date of cessation appoints another manager.

(3)

Where the holder of a licence is a natural person, he may, subject to the approval of the Assistant Director, appoint himself as premises manager.

(4)

A holder of a licence who contravenes subregulation (1) or (2) commits an offence and shall, on conviction, be liable to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding three years or to both.

Duties of holder of licence or premises manager 19.

(1)

A holder of a mineral licence who carries on mineral storage activities or a premises manager shall comply with the storage management plan and shall—

P.U. (A) 337 33

(a)

operate and maintain the work place in the manner that employees may perform their work without endangering their safety;

(b)

monitor, assess and make regular inspection of the work place to identify accidents that may occur;

(c)

take appropriate precautions in the work place to prevent fire and explosion;

(d)

where there is a serious danger to the safety of employees, ensure all works are ceased and employees are evacuated to a safe location;

(e)

ensure adequate supervision and control are provided in each working shift;

(f)

provide sufficient safety equipment including first aid kit;

(g)

post notices containing actions to be taken in the event of an emergency in the work place at conspicuous places and a plan showing locations of telephones or other communication equipment, first-aid stations, fire extinguishers and other rescue equipment ; and

(h)

take all necessary measures to minimise the risks of accident in a work place.

(2)

A holder of a mineral processing licence or a premises manager shall comply with the mineral processing scheme.

(3)

Any holder of a mineral licence who carries on mineral storage activities or premises manager who contravenes subregulation (1) commits an offence and shall,

P.U. (A) 337 34

on conviction, be liable to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding three years or to both.

(4)

Any holder of a mineral processing licence or premises manager who contravenes subregulation (2) commits an offence and shall, on conviction, be liable to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding three years or to both.

(5)

For the purposes of this regulation, “work place” means any places used for the purposes of storing or processing of minerals

Statistical returns 20.

(1)

A holder of a mineral licence or mineral processing licence or a premises manager shall submit the latest monthly statistical return in such form and manner as determined by the Director General.

(2)

Any holder of a mineral licence or mineral processing licence or a premises manager who contravenes subregulation (1) commits an offence and shall, on conviction, be liable to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding three years or to both.

(3)

A monthly statistical return referred to in subregulation (1) means a statistical return containing the following information:

(a)

the quantity and grade of minerals purchased and name of the seller of the mineral;

(b)

the quantity and grade of minerals sold and name of the buyer of the mineral;

(c)

the total consumption of electricity and fuel;

(d)

the type and quantity of chemicals consumed, where applicable;

P.U. (A) 337 35

(e)

stock of minerals;

(f)

royalty paid, where applicable;

(g)

the number of employees including citizenship and category of employment; and

(h)

the information in respect of investment, where applicable.

Maintenance of operations record 21.

(1)

A holder of a mineral licence who carries on mineral storage activities and a holder of a mineral processing licence or a premises manager shall maintain the latest and true record on operations in such form and manner as determined by the

Director General.

(2)

A holder of a mineral licence who carries on mineral storage activities and a holder of a mineral processing licence or a premises manager shall ensure that the record on operations is available at all reasonable times for the purpose of inspection by any mines officer.

(3)

Any holder of a licence or a premises manager who contravenes subregulation (1) or (2) commits an offence and shall, on conviction, be liable to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding six months or to both.

Fee 22.

Any fees paid pursuant to these Regulations shall not be refunded.

Appeals 23.

(1)

Any person aggrieved by the decision of the Director or Assistant Director in refusing to issue a licence under regulation 8, in refusing to renew a licence under regulation 9, or in revoking a licence under regulation 16 may, within thirty days after

P.U. (A) 337 36

being informed of the decision, appeal in writing against such decision to the

Director General.

(2)

The Director General may, after considering an appeal made under subregulation (1)—

(a)

affirm the decision of the Director or Assistant Director;

(b)

quash the decision of the Director or Assistant Director; or

(c)

substitute for the decision of the Director or Assistant Director such decisions as the Director General thinks fit.

Transitional provisions 24.

(1)

Any person who, on the date of commencement of these Regulations, carries out any activities referred to under these Regulations shall, within thirty days from the date of commencement of these Regulations, apply for a licence under these

Regulations.

(2)

Pending the decision on the application referred to in subregulation (1), such person may continue to carry out the activities.

(3)

Where the Director or Assistant Director, as the case may be, does not approve the application referred to in subregulation (1), the applicant shall cease the activities that have been carried out and no compensation is required to be paid by the

Director or Assistant Director, as the case may be, for any loss incurred or damages suffered by such person.

P.U. (A) 337 37

[Regulations 7, 8, 9 and 11]

Fees

No.

Regulation

Description

Rate of fee (RM)

1.

Regulation 7

Application fees—

(a)

for a licence for activities under paragraph 6(1)(a)

(b)

for a licence for activities under paragraph 6(1)(b)

(c)

for a licence for activities under paragraph 6(1)(c)

500.00

1,000.00

10.00 2.

Regulation 8 and 9

Issuance fees—

(a)

for a licence for activities under paragraph 6(1)(a)

(b)

for a licence for activities under paragraph 6(1)(b)

(c)

for a licence for activities under paragraph 6(1)(c)

1,000 per annum

2,000 per annum

5.00 for every licence issued 3.

Regulation 9

Renewal fees—

(a)

for a licence for activities under paragraph 6(1)(a)

(b)

for a licence for activities under paragraph 6(1)(b)

Late renewal fees—

(a)

for a licence for activities under paragraph 6(1)(a)

300.00

600.00

1500.00

P.U. (A) 337 38

(b)

for a licence for activities under paragraph 6(1)(b)

3,000.00 4.

Regulation 11

Licence replacement fee 200.00

Made 15 December 2016

[NRE/PUU611-5/16; PN(PU2)439/VI]

DATO’ SRI DR. HAJI WAN JUNAIDI BIN TUANKU JAAFAR

Minister of Natural Resources and Environment