Malaysia legislation

Section 38

of Sarawak Rivers Ordinance, 1993

Section 38

Regulations

(a)

to regulate the speed of vessels between any definite points or in any definite rivers or watercourse;

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(b)

to regulate the navigation, movement and anchorage of vessels in rivers declared under section 11;

(c)

to regulate traffic and obstruction on any river declared under section 11 and relieving congestion and providing for the safety of vessels using the river;

(d)

to prevent erosion and damage to river banks;

(e)

to prevent collisions involving vessels in any river declared under section 11;

(f)

to prohibit the use of certain rivers or watercourse by vessels having more than a certain draught;

(g)

to restrict and control any class or description of vessels from operating in certain rivers or watercourse and to restrict the area within which any class or description of vessel may ply in the river or watercourse.

(h)

to prescribe the lights to be shown by vessels at night;

(i)

to prescribe the manner in which vessels shall be loaded and the precautions to be taken for ensuring the safety of passengers;

(j)

to prescribe the conditions subject to which, and the times at which, goods or passengers may be loaded or taken unto or out from vessels;

(k)

to provide for the precedence to be observed as between traffic proceeding in the same direction or in opposite direction or when crossing in a river;

(l)

to prescribe for the conduct of passengers boarding, travelling in or alighting from vessels and of intending passengers waiting to board a vessel;

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(m)

to prescribe landing places, wharves, jetties or ports, and to prohibit the use of any landing places, wharves, jetties or ports not so prescribed;

(n)

to regulate the towing or drawing of vessels by other vessels and the manner of attachment;

(o)

to fix the maximum fares that may be charged for passengers or freight;

(p)

to prescribe for the establishment of an inquiry committee to investigate accidents or casualties occurring to vessels in any river or watercourse;

(q)

to prescribe forms;

(r)

to impose and collect a riverine traffic fee or such other charges as the Board may under this Ordinance impose, to levy surcharge or penalties for non-payment or late payment of such fees or charges, and matters incidental thereto;

[Sub. Cap. A127.]

(s)

to prescribe for a Riverine Traffic Code;

(t)

to prescribe any matter which by this Ordinance is intended to be prescribed;

(u)

to operate and maintain any barrage or shiplock, and to regulate and control the passage of vessels through such barrage or shiplock, and to impose fees or tolls on such vessels passing through the same;

(v)

generally to protect and improve the navigability of any river or watercourse;

(w)

to provide for the proper enforcement of such regulations and the penalties for contravening any of the provisions thereof, which may extend—

(i)

in the case of a first offence, to imprisonment for a term not exceeding two years and a fine not exceeding ten thousand ringgit; and

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(ii)

in the case of a second or subsequent offence, to imprisonment for a term not exceeding four years and a fine not exceeding twenty thousand ringgit;

(x)

to provide for the offences under this Ordinance or regulations made thereunder which may be compounded by the

Board, the persons who may compound, the limit of the sum of money to be collected by the Board for compounding such offences and the procedure and forms to be complied with in compounding.

[Am. Cap. A46; Am Cap. A80.]

(2)

Until regulations relating to the control of traffic by water in ports and harbours or on rivers and in the foreshores within the

State and other matters connected therewith have been made under subsection (1), the provisions contained in the Merchant Shipping

(Ports and Rivers) Regulations, 1961 [G.N.S. 43/1961], shall, in so far as they are not inconsistent with this Ordinance, apply to vessels operating in such areas, subject to such modifications and adaptations as may be necessary, and in particular reference to “Port Officer” shall be deemed to include “Riverine Transport Officer”.

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SARAWAK RIVERS ORDINANCE, 1993

LIST OF AMENDMENTS

Amending law

Short title

In force from

Swk. L.N. 121/93

Date of Commencement of the Ordinance 1.10.1993

Cap. A46

Sarawak Rivers (Amendment)

Ordinance, 1977