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Section 2

In this Enactment, unless the context otherwise requires-

of Sewerage Services Enactment 2017

State EnactmentIn forceProvision 2 of 73
Section 2

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“Collector” has the meaning assigned to it in section 4 of the Land Ordinance [Cap. 68];

"common internal sewerage piping" means the pipes, private connection pipes, channels, conduits or similar structure, fixtures and other apparatus for the conveyance of sewage within or from more than one premises but under the common management and maintenance of owners or occupiers or a management corporation of the premises serviced by the internal sewerage piping up to the point of connection to a sewer, sewage treatment works or a septic tank or up to such other point of connection as may be determined by the Director, but does not include the sanitary system in a building;

"connection" means work necessary to connect a private connection pipe to a sewer or sewage treatment works;

"Director" means the Director of Sewerage Services appointed under section 6;

"disposal pipe" means a pipe, channel, conduit or similar structure used for the discharge of effluent from a sewerage system or septic tank for eventual discharge to a water course or other receiving medium;

“Government” means the Government of the State of Sabah;

"individual internal sewerage piping" means the pipes, private connection pipes, channels, conduits or similar structure, fixtures and other apparatus for the conveyance of sewage within or from premises up to the point of connection to a common internal sewerage piping, a sewer, sewage treatment works or a septic tank or up to such other point of connection as may be determined by the Director, but does not include the sanitary system in a building;

"industrial effluent" means liquid waste or waste water produced by reason of or in the course of the production processes taking place at any industrial premises;

"land" has the meaning assigned to it in section 4 of the Land Ordinance [Cap.68];

"local authority" means any local authority established or deemed to have been established under the Local Government Ordinance 1961 [No.11 of 1961];

"Minister" means the Minister charged with the responsibility for sewerage services;

"occupier" means-

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(a)

a person in occupation or control of premises; and

(b)

in relation to premises where different parts of the premises are occupied by different persons, the respective persons in occupation or control of each part of the premises;

"premises" includes any hut, structure, house, building, conveyance and land whether or not enclosed or built upon;

"private connection pipe" means any pipe, channel, conduit or similar structure being part of the individual internal sewerage piping or common internal sewerage piping of premises used, or which can be used, for the conveyance of sewage from the premises up to the point of connection to a public sewerage system, sewage treatment works or a septic tank or up to such other point of connection as may be determined by the Director;

"private sewerage system" means a sewerage system other than a public sewerage system;

“prohibited effluent” means industrial effluent or such other effluent as may be prescribed by the Minister;

"public sewerage system" means-

(a)

a sewerage system which is connected to, or conveys sewage to, a public sewer;

(b)

a sewerage system which is not connected to nor conveys sewage to a public sewer but is determined by the Director to be or form part of a public sewerage system; or

(c)

such other sewerage system as may be determined by the Director;

"pumping station" means a pump and any associated plant and building used for the conveyance of sewage;

"septic tank" means a settlement tank with one or more compartments forming a system or part of a system to treat, either partially or fully, sewage from one premises;

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"sewage" means any liquid discharges containing human excreta, animal or vegetable matters in suspension or solution derived from domestic activities and being generated from household, commercial, institutional and industrial premises including liquid discharges from water closets, basins, sinks, bathrooms and other sanitary appliances but excluding rain water and prohibited effluent;

"sewage sludge" means the residual mixture of solid and liquid produced during the partial or full treatment of sewage but does not include treated sewage effluent discharged through a disposal pipe;

"sewage treatment works" means the facility designed to accept and process sewage or sewage sludge before disposal to a receiving medium, but does not include septic tanks;

"sewer" means any pipe, with its appurtenances, designed to convey sewage from two or more premises to a sewerage treatment work other than an individual internal sewerage piping or common internal sewerage piping;

"sewerage services" means the collection, conveyance, treatment and disposal of sewage or sewage sludge, and includes the operation and maintenance of a sewerage system and the desludging of septic tanks;

"sewerage services contractor" means a person who undertakes, provides or makes available sewerage services;

"sewerage system" means a system incorporating sewers, disposal pipes, pumping stations or sewage treatment works or any combination thereof and all other structures, equipment and appurtenances (other than individual internal sewerage piping, common internal sewerage piping or septic tanks) used or intended to be used for the collection, conveyance, pumping or treatment of sewage and sewage sludge or the disposal of treated sewage effluent or sewage sludge;

“vesting date” means the date on which property and rights are vested in the Government under section 4;

"watercourse" includes rivers, streams and creek including any tributary, distributary or artificial deviation thereof, seas, lakes, ground water, dams, reservoirs, ditches, drains and passages.

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