Section 39 — Sabah Water Resources Enactment 1998

(1)

This section applies where, on the advice of the Council, the Yang di-Pertua

Negeri is satisfied that it is necessary to control, limit or modify activities in an area of land where the identified flood characteristics warrant the planned development and location of structures, buildings and flood protection works to minimise damage and water degradation caused by flooding.

(2)

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

(3)

The declaration of a floodplain management area shall be accompanied by a plan which includes—

(a)

a description of the flood characteristics of the area and a summary of technical investigations of flood behaviour;

(b)

an evaluation of the economic, social and environmental consequences of flooding; and

(c)

measures for minimising the impact of flooding, which may include—

(i)

the relocation or physical alteration of existing structures and buildings;

(ii)

guidelines for the future placement of structures to minimise the impeding of flood waters;

(iii)

construction of works to divert or mitigate the impact of flooding; or

(iv)

development of or amendment of a scheme or plan made under the

Town and Country Planning Ordinance [Cap. 141.].

(4)

In a floodplain management area the Director may, for the purpose of implementing any plan made under subsection (3), direct the owner or occupier of land in writing that—

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(a)

the alteration or removal of any building or structure is required; and

(b)

specified types of activities or developments are—

(i)

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

(ii)

prohibited.

(5)

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 subsection (4).

(6)

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

River and shore reserves.