Section 32
of Sabah Water Resources Enactment 1998
Section 32
(1)
This section applies to land forming the bed and banks of a water body and to river and shore reserves.
(2)
If the Director is satisfied that a person has removed material from land to which this section applies or has, in contravention of this Enactment, deposited material on such land, the Director may issue an impounding order by written notice to the person concerned in respect of either or both of the following—
32
(a)
the whole or a specified part of the material removed or deposited; and
(b)
any specified plant or equipment used in the removal or depositing.
(3)
The order takes effect immediately or from a later time specified in the order and is subject to such conditions as the Director may specify in the order.
(4)
Any person issued with an order shall not cause, permit, suffer or allow any material, plant or equipment that is the subject of the order to be used, moved, sold, disposed of or otherwise dealt with, except as permitted by the order.
(5)
Any person who contravenes or fails to comply with an order given under subsection (2) shall be guilty of an offence and shall be liable, on conviction, to a fine not exceeding thirty thousand ringgit or to imprisonment not exceeding three years or to both and, in the case of a continuing offence, to a further fine of three hundred ringgit for every day during which the offence continues.
(6)
The Director may vary or revoke an impounding order or the conditions of an impounding order by written notice given to the person concerned.
(7)
An impounding order remains in force until either—
(a)
the order is revoked by the Director; or
(b)
a period of 12 months elapses after the order is first issued without proceedings having been commenced within that period for an offence under section 12 in respect of the removal or deposition of the material concerned.
(8)
If a person issued with an impounding order is convicted of an offence under this section, the court before which the person is convicted may, on the application of the
Director, make an order that either or both of the following be forfeited to the State—
(a)
any material with which the proceedings are concerned, and which is the subject of the impounding order; and
(b)
any plant or equipment used in the removal or deposition of that material,
33
and which is the subject of the impounding order.
(9)
Any material, plant or equipment ordered to be forfeited to the State under this section may be disposed of by the Director and any proceeds of disposal shall be applied towards the costs incurred by the Director in carrying out remedial work in respect of the land from which the material concerned was removed.
Measuring devices.