Malaysia legislation

Section 70

of Sabah Water Supply Enactment 2003

Section 70

Authority to Water Supply Authority

The State Water Authority may, with the approval of the Minister –

(a)

transfer, assign or delegate any of the powers, functions and duties and obligations; and

(b)

transfer, convey any of its movable assets or lease any of its immovable assets to any Water Supply Authority.

Special power in emergency

Enactment, and the issuing and service thereof;

(b)

Deleted by En. 2 of 2022

(c)

Deleted by En. 2 of 2022

(d)

the sale and price of water;

(e)

free allowances of water to approved house of worship and fire hydrants;

(1)

The Minister may, on the occurrence of any industrial unrest, strike, lock-out, natural disaster or any other event which gives rise to an emergency, or in the interest of public safety, issue a certificate in accordance to the Third Schedule, authorizing the State Water Authority to –

suspend the licence of the Water Supply Authority, take possession of such water supply undertaking and operate it in such manner as it deems fit; or withdraw either partially or totally the use of any water supply undertaking from the Water Supply Authority.

(2)

Where the State Water Authority takes possession of any water supply undertaking under subsection (1), no compensation shall be paid.

Regulations

The Minister may, after consultation with the State Water Authority, by order published in the Gazette, make any regulations specifically or generally for the purpose of carrying out the provisions of this Enactment such as –

the form of all notices required to be given or sent under this

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(f)

the fixing of meters, the cost of meter rents and the ascertaining of consumption at any premises;

(g)

the notification of restriction or suspension of water supply and the disconnection or re-connection of the water supply from or to a consumer;

(h)

the licensing of pipe-fitters and mains layers;

(i)

to provide for the following technical and performance standards:

(i)

the minimum standards and specifications which shall be used in the design, construction, installation, protection, operation and maintenance of any water supply system;

(ii)

installation of meters and sub-meters or monitoring systems with respect to connection, disconnection, use, maintenance, authentication, testing and commissioning of meters and sub-meters or monitoring systems and with respect to any related matters;

(iii)

the minimum qualifications to be possessed by persons before they may be allowed to construct, install, test, commission, operate, maintain or manage any water supply system;

(iv)

the performance related specifications for infrastructure development to be undertaken;

(v)

the internal reticulation including internal piping and water filters;

(vi)

the standardization of equipment, devices, appliances and materials used for water supply systems and for the purposes of providing water supply services;

(j)

Deleted by En. 2 of 2022

(k)

the prevention of waste and the prohibition of the re-sale of water;

(l)

the taking of water from public stand pipes, the regulation or restriction of the persons resorting or desiring to resort thereto, the apportionment, rationing or restriction of the supplies which may be taken there from;

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(m)

the use of water for fire services or sewerage purposes, or any public sewerage system;

(n)

the conservation and use of water from the waterworks;

(o)

the regulation, protection and control of the impounding works and matters connected therewith;

(p)

the licensing of Water Supply Authority, the fees to be paid and the security to be furnished for such licences;

(q)

Deleted by En. 2 of 2022

(r)

Deleted by En. 2 of 2022

(s)

the control and prevention of contamination and pollution of water supply;

(t)

the sanctioning of the alternative water supply system;

(u)

Deleted by En. 2 of 2022

(v)

to prescribe the charges or rates for capital contribution which a State

Water Authority may charge for the purposes of connecting a premises or a development to the State Water Authority’s supply system;

(w)

to prescribe the offences which may be compounded and the forms to be used and the method and procedure for compounding the offences;

(x)

to prescribe fees and charges which may be prescribed under this

Enactment; and

(y)

to prescribe all other matters as are necessary or expedient to be prescribed for giving effect to this Enactment.