Malaysia legislation
Section 12
Section 12
(a)
the provision of buoys, moorings and lights including other aids to navigation to regulate, and for the safety of, riverine traffic;
(b)
to collect, remove and dispose of or otherwise to deal with any object, wreck, refuse, pollutant, tree, timber, log, weed, long grass or any other things or materials in the rivers;
(bb) to take such measures as may be considered necessary or expedient to promote and to ensure safety of riverine traffic;
(c)
to remove any dead wood, dilapidated fence, logs or other material left on the banks or abutting upon such river;
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(d)
to take measures to prevent such rubbish or refuse from accumulating in or flowing into such river;
(e)
to provide facilities such as wharves, jetties or other passenger landing terminals, and the maintenance thereof;
(f)
to provide pilotage services;
(g)
to regulate, control and guide any vessel through any barrage or shiplock; and
(h)
to maintain, manage and operate on behalf of the
Government, or any other person, body corporate or authority, any wharf, jetty or passenger landing terminal.
[Am. Cap. A46; Am. Cap. A80; Am. Cap. A127.]
(2)
The Board shall, subject to such regulations as may be prescribed under section 38, have power—
(a)
to plan for the improvement of the riverine traffic system;
(b)
to define and establish anchorage grounds for vessels in a port or river wherever it is manifest to the Board that the commercial interest require such anchorage grounds for safe navigation;
(c)
to control the transportation of goods and passengers by means of vessels;
(d)
to control the operators of commercial vessels;
(e)
to require the owner or occupier of any land abutting on a river—
(i)
to remove, lower or trim, to the satisfaction of the Board, any tree, shrub or hedge on the river bank or overhanging or interfering in any way with the traffic on the river; and
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(ii)
to undertake or adopt such measures as the
Board may deem necessary for the protection of the course and banks of any river and for controlling the discharge or deposit of any refuse into the river;
(f)
to make, divert, straighten, define and control the course of any river or watercourse after giving notice and making compensation to any owner or occupier of land abutting on such river or watercourse;
(g)
to prevent the obstruction of any river or watercourse;
(h)
to control, co-ordinate or supervise the management of the services provided by the Board under subsection (1);
(i)
to prohibit any private sewer or public drain from discharging rubbish or refuse, pollutant or any other material into the river or watercourse so as to affect or to cause a condition which is hazardous to public health, or to fish or aquatic life, or to plants;
(j)
to carry out investigations in connection with accidents involving loss of life or any serious injury to any person or affecting the loss of or serious damage to a vessel;
(k)
with the approval of the Majlis Mesyuarat Kerajaan
Negeri, to impose a riverine traffic fee of an amount fixed by the
Board, on any vessel entering, navigating through or using any of the rivers declared under section 11 or which calls at any port on the foreshores of Sarawak, and to apply the money so collected:
(i)
to provide for and maintain buoys, moorings and lights which the Board may provide under section 12(1)(a);
(ii)
to remove and dispose of wrecks found in the rivers and foreshores; and
(iii)
for such other purpose as the Majlis Mesyuarat
Kerajaan Negeri shall approve;
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(l)
to go aboard any vessel and make such inspection, examination, investigation, survey or all other acts as may be necessary for enforcing or carrying out the provisions of this
Ordinance; and
(m)
to do anything which in the Board’s opinion is calculated to facilitate the proper discharge of its functions or is incidental or conducive thereto.
(3)
Any person who in anyway obstructs or hinders any
Riverine Transport Officer or any person authorized in writing in that behalf by the Board in the course of his duty or in the execution of any services under this section shall be guilty of an offence: Penalty, imprisonment for six months and a fine of two thousand ringgit.
(4)
In addition to any other powers conferred by this
Ordinance, the Board shall have the power to do all or any of the following things:
(a)
subject to the approval of the Minister, to enter into any contract with such person or party for the provision of any services or the discharge of any duties which the Board is required under this Ordinance to provide or discharge;
(b)
subject to the approval of the Minister, to form, incorporate, establish or maintain a company or to acquire, hold or having registered in its name shares in any company;
(c)
subject to the approval of the Minister, to enter into joint venture or arrangement with any company, person or party to undertake or carry out any of the functions or duties imposed on the Board by this Ordinance;
(d)
to acquire, purchase, hold or secure any property, both movable or immovable or any interest in property vested in the
Board, or to dispose of, sell or transfer any such property; and
(e)
to lease, rent or hire any property, both movable or immovable, or any interest in property, upon such terms and conditions to be approved by the State Financial Authority.
[Am. Cap. A46.]
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(5)
(a)
For the purposes of enabling the Board to discharge its duties and functions, the Majlis Mesyuarat Kerajaan Negeri may, by Order signified in the Gazette, vest in the Board any wharf, jetty or passenger landing terminal, barrage, shiplock or facility in any river, upon such conditions and restrictions, if any, as specified therein.
(b)
As from the date of such vesting, the Board shall have the general control, care and maintenance of the wharf, jetty and passenger landing terminal, barrage, shiplock or facility.
[Ins. Cap. A46.]
Antiquity and treasure trove