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Section 63

of Sabah Water Resources Enactment 1998

State EnactmentIn forceProvision 64 of 68

Section 63

(1)

An authorised person may, with or without assistants or workers, enter upon or into any land, building or vessel for the purpose of—

(a)

making any inquiry, investigation, inspection, gauge reading, measurement or survey;

(b)

installing, operating and maintaining river gauging equipment and monitoring bores;

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(c)

digging or boring into the subsoil;

(d)

taking water samples;

(e)

ascertaining whether any activity has been commenced, undertaken or carried out in contravention of this Enactment or the rules made thereunder; and

(f)

doing any other acts necessary for the efficient administration of this

Enactment.

(2)

No entry shall be made under subsection (1)—

(a)

into a building used solely as a dwelling-house or upon any enclosed part or garden attached to the building, unless the prior consent of the occupier has been obtained or a notice in writing of the intention to enter has been given to the occupier at least twenty-four hours before the intended entry; or

(b)

without due regard, such as is compatible with the exigency of the purpose for which the entry is made, to the social and religious practices of the occupants of the land or building.

(3)

An authorised person making an entry under subsection (1) shall carry on his person an authority card in the prescribed form; and it shall not be unlawful for any person to refuse entry to an authorised person or to any of his assistants or workers if the authorised person fails, when demanded, to produce the authority card.

Conduct of prosecution.