Section 38 — Sabah Water Resources Enactment 1998

(1)

This section applies where, on the recommendation of the Council, the Yang di-Pertua Negeri is satisfied that it is necessary to control, limit or modify activities within an area of land, to prevent the pollution or degradation of surface water or groundwater, or the loss of its availability, or to protect a water body or an aquifer for which a catchment management plan or other investigation has identified that protection is required.

(2)

Where this section applies, the Yang di-Pertua Negeri may, by order published in the Gazette, declare the area of land to be a water conservation area.

(3)

The declaration of a water conservation area shall be accompanied by—

(a)

a statement of the purpose of the declaration of the area;

(b)

the modifications, conditions or specifications that apply to activities, measures or development;

(c)

the classes or types of activity, measures or development which—

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(i)

may not be undertaken within the area; or

(ii)

may be undertaken but only in specified locations or at specified distances from waterbodies; and

(d)

any measures or works to be undertaken and the types or classes of activity or development to which such measures or works apply.

(4)

The Director may, in writing and consistent with an order made under subsection

(3)

, notify the owner or occupier of land within a water conservation area that specified types of activities or development are—

(a)

to be undertaken in a specified manner or in specified locations or at specified distances from water bodies; or

(b)

prohibited.

(5)

Without limiting the generality of subsection (4), the Director may direct the owner or occupier of land within a water conservation area to—

(a)

take measures or construct works to slow, reduce or prevent water from running off land into a water body;

(b)

plant specified types of vegetation;

(c)

relocate structures;

(d)

undertake an activity, including an agricultural activity, in a specified way;

or

(e)

take other measures to prevent degradation of water resources.

(6)

The Director shall take into account the likely economic and social impacts on the owner or occupier of land to whom a direction is given under this section.

(7)

Any person who contravenes or fails to comply with a notification of the Director under subsection (4) or a direction of the Director under subsection (5) 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

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ringgit for every day during which the offence continues.

Floodplain management areas.