Section 29 — Sabah Water Resources Enactment 1998

(1)

A protected waters order is an order made by the Director for the purpose of preserving or maintaining the flow, volume or quality of water in a water body.

(2)

The Director may make a protected waters order if satisfied that, in respect of the water in a water body in a particular locality—

(a)

all lawful requirements for taking and using water and the requirements of the aquatic environment cannot for the time being be met by the quantity of water actually in or likely to be available in or from the water body; or

(b)

there is, in respect of water resources—

(i)

a significant and immediate threat to the quality of water;

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(ii)

a serious threat to health, caused by or contributed to by activities which are subject to the Enactment;

(iii)

a significant threat to the aquatic environment; or

(iv)

other sufficient reason to impose measures for the immediate protection of the water.

(3)

An order issued under subsection (1) shall identify—

(a)

the persons to which it applies, whether holders of licences, persons entitled to exercise a private water right or other persons;

(b)

the water bodies to which it applies;

(c)

the purpose of the order;

(d)

the actions or measures to be taken; and

(e)

the activities which must be suspended or be modified.

(4)

Following consultation with other Government authorities directly affected by the order and with the public, the order shall be published in the Gazette and otherwise made known to the public in such manner as the Director considers appropriate, unless the Director is satisfied that publication may be dispensed with on the grounds of urgency.

(5)

The Director shall immediately notify the Council of the terms of any order made under subsection (1).

(6)

An order made under paragraph (a) of subsection (2) of this section may continue as long as the requirements for water cannot be met from the available water.

(7)

An order made under paragraph (b) of subsection (2) of this section may continue while the situation referred to in that paragraph continues, or for thirty days, whichever is the sooner, and then expires.

(8)

An order made under this section may be renewed with the approval of the

Council, with or without modifications.

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(9)

Any person who contravenes or fails to comply with an order given under subsection (1) 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.

Direction to carry out works.