Section 36
of Sabah Water Resources Enactment 1998
Section 36
(1)
This section applies where, on the advice of the Council, the Yang di-Pertua
Negeri is satisfied that an area of State land, which may include State land which is a forest reserve established under the Forest Enactment 1968 [En. No. 2 of 1968.] requires specific protection to ensure a source of water, or water resources in a particular water body or locality, is adequately protected from reduction in flow, or from pollution or degradation.
(2)
Where this section applies, the Yang di-Pertua Negeri may, by order published in the Gazette, declare an intention to establish an area of State land to be a water protection area and the notification shall specify the location of such land and the date for the intended declaration of the area as a water protection area.
(3)
Within an area which has been the subject of notification under this section, unless the notification otherwise provides—
(a)
no land shall thereafter be alienated under the provisions of the Land
Ordinance [Cap. 68.]; and
(b)
no person shall thereafter be authorised to erect a new structure, establish a new plantation or clear land.
(4)
Following a declaration under subsection (2), the District Officer or the Assistant
Collector of Land Revenue of the District in which the land concerned is located shall—
(a)
advertise the intention to establish the water protection area;
(b)
inquire into representations and claims made in response to the notification and the appropriateness of maintaining any right or privilege in or over the land;
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(c)
consider and report on the merits of such representations and claims; and
(d)
take such other action as is required under the Land Ordinance [Cap. 68.]
for the reservation of any land for a public purpose.
(5)
The Yang di-Pertua Negeri shall, after considering the report of the District
Officer or the Assistant Collector of Land Revenue made under subsection (4) of this section and after such other enquiry considered necessary, make an order—
(a)
conceding, modifying or disallowing the exercise of any right or privilege, wholly or in part and specifying the quantity and nature of such right or privilege;
(b)
declaring the land referred to in the order to be a water protection area;
and
(c)
setting out the proposed method of management of the area.
(6)
Every right or privilege continued in an order made under subsection (5) shall be exercised subject to the control of the Director.
(7)
lf the Yang di-Pertua Negeri considers it expedient to include in any water protection area land leased, granted to or lawfully occupied by any person, he may cause such land to be acquired as for a public purpose under the provisions of the Land Acquisition
Ordinance [Cap. 69.] and may thereafter include such land within the limits of the water protection area.
(8)
Land within a water protection area is subject to the control of the Director, except that any land within a forest reserve which is included in a water protection area, shall be subject to the control of the Director of the Forestry Department.
(9)
A water protection area shall be managed in accordance with the method of management set out in the order establishing the area and the provisions of this Enactment.
Control of activity in water protection areas.