Malaysia legislation

Section 58

of Sabah Inland Fisheries And Aquaculture Enactment 2003

Section 58

(1)

Where a person –

(a)

carries on or proposes to carry out activity on land or near inland waters that results or is likely to result in the alteration, disruption or destruction of fish habitat; or

(b)

discharges or places a deleterious substance in riverine waters or in any place that results or likely to results in the deleterious substance entering the riverine waters, he shall, at the request of the Director, provide the Director with such plans, specifications, studies, procedures, schedules, analyses, samples or other information relating to the activity or discharging or placing of the deleterious substance.

(2)

Upon receiving the plans, specifications, studies, procedures, schedules, analyses, samples or other information relating to the activity or discharging or placing of the deleterious substance, the Director shall direct the person –

(a)

to take preventive measures; or

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(b)

to mitigate the effects; or

(c)

to stop from carrying out the activity.

(3)

Any person who fails to comply with the requirements of subsection (1) shall be guilty of an offence and shall be liable on conviction –

(a)

if a corporate body to a fine not exceeding one hundred thousand ringgit; and

(b)

if not a corporate body to a fine not exceeding fifty thousand ringgit, or to imprisonment for a term not exceeding two years or to both.

Duty to report accidental or inadvertent discharge of deleterious substances.

Section 58 — Sabah Inland Fisheries And Aquaculture Enactment 2003