Section 18
of Sewerage Services Enactment 2017
Section 18
No person shall construct, alter, modify or closed up a sewerage system, septic tank, individual internal sewerage piping or common internal sewerage piping unless the relevant plans or specifications which requires the approval of the Director have first been approved in writing by the Director.
(2)
The Director shall set out the standards as to the type and extent of construction, alteration, modification or closing up of a sewerage system, septic tank, individual internal sewerage piping or common internal sewerage piping which require the relevant plans and specifications to be first approved by the Director.
(3)
A person seeking the approval of the Director under subsection (1) shall submit to the Director such information and document in a form and manner and within the time as may be determined.
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(4)
If a person fails to comply with subsection (3), the person's application for approval shall be deemed to be withdrawn without affecting the person's right to submit a fresh application.
(5)
In considering whether to grant an approval under subsection (1), the Director shall take into consideration the following:
(a)
the business plan submitted by person operating and maintaining the sewerage system or septic tank;
(b)
the plans and specifications for the sewerage system or septic tank submitted by the person; and
(c)
such other matters as the Director deems fit.
(6)
In granting the approval to the person under subsection (1), the Director may impose such terms and conditions as he deems fit.
(7)
A person who-
(a)
constructs, alters, modifies or closes up a sewerage system, septic tank, individual internal sewerage piping or common internal sewerage piping without the plans and specifications which are required to be approved by the Director being first approved in writing by the Director;
(b)
constructs, alters, modifies or closes up any sewerage system, septic tank, individual internal sewerage piping or common internal sewerage piping not in accordance with approved plans and specifications; or
(c)
makes any alteration to approved plans and specifications for the sewerage system, septic tank, individual internal sewerage piping or common internal sewerage piping otherwise than in accordance with this
Enactment or any subsidiary legislation made under this Enactment, commits an offence and shall, on conviction, be liable to a fine not exceeding one million ringgit or to imprisonment for a term not exceeding five years or to both; and he shall alter the sewerage system, septic tank, individual internal sewerage piping or common internal sewerage piping so as to comply with the approved plans and specifications.
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(8)
If any person has committed any of the offences under subsection (7), notwithstanding that the construction, alteration, modification or closure may have been approved under any written law, the Director may-
(a)
if the construction, alteration, modification or closure has been completed, direct that person, the owner or management corporation of the land or any combination of them, within a specified period, to bring the construction, alteration, modification or closure into conformity in the manner as the Director deems fit or, where this is not possible, to restore the land as far as possible to the condition it was in before the construction, alteration, modification or closure was commenced; or
(b)
if the construction, alteration, modification or closure has not been completed, direct that person, the owner or management corporation of the land to immediately cease the construction, alteration, modification or closure works and comply with such requirement as the Director deems fit or, where this is not possible, to restore the land as far as possible to the condition it was in before the construction, alteration, modification or closure was commenced.
(9)
Notwithstanding subsections (7) and (8), the Director may execute any work or take any measure-
(a)
if the Director considers such work or measure to be in the interest of public health;
(b)
if the Director considers such work or measure necessary to prevent an imminent danger to the environment; or
(c)
in the case of non-compliance with any directions given under subsection (8), and such work and measure may be in addition to or in place of anything required to be done under any directions the Director may issue under subsection (8) and the Director may recover all expenses reasonably incurred by the Director in doing so from the person who committed the offence under this section.
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(10)
Where cessation has been directed by the Director, the Director may allow the resumption of the construction, alteration, modification or closure subject to compliance with such directions and conditions as the Director may specify.
(11)
The Director may refuse to allow the resumption of the construction, alteration, modification or closure under subsection (10) until all expenses reasonably incurred by the Director in securing the cessation, executing the work and taking the measures have been reimbursed.
(12)
A person who-
(a)
continues to carry out any activity after being directed to cease work under subsection (8);
(b)
fails to comply with a direction or condition given by the Director under this section; or
(c)
does any act to obstruct in any manner the Director or any person authorized by the Director in the execution of the powers under this section, commits an offence and shall, on conviction, be liable to a fine not exceeding five hundred thousand ringgit or to imprisonment for a term not exceeding two years or to both.