Malaysia legislation

Section 17

of Sabah Water Resources Enactment 1998

Section 17

(1)

No person shall, unless authorised by a licence for a water activity or otherwise authorised in accordance with this Enactment, engage in a water activity, meaning to—

(a)

take or use water from a water body;

(b)

return water to a water body directly or indirectly by artificial means;

(c)

control, divert or mitigate flood waters outside a floodplain management area referred to in Part VI of this Enactment; or

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(d)

carry out a water body alteration activity, including the installation, introduction and use of any measure or work for the purpose of undertaking or facilitating the activity.

(2)

Any person who contravenes or fails to comply with subsection (1) or fails to comply with a condition specified in a licence for a water activity, shall be guilty of an offence and shall be liable, on conviction, to a fine not exceeding fifty thousand ringgit or to imprisonment not exceeding five years or to both, and in the case of a continuing offence, to a further fine of five hundred ringgit for every day during which the offence continues.

(3)

A licence for a water body alteration activity may be expressed to expire on the completion of the alteration activity to the satisfaction of the Director, and no further licence is required unless a further proposed activity constitutes a further water body alteration activity.

(4)

The Minister may, after consultation with the Council, by order published in the

Gazette exempt any public authority from the requirement to obtain a licence for all water activities or the water activities specified in the order.

Application for water activity licence.