Sewerage Services Enactment 2017

This Enactment may be cited as the Sewerage Services Enactment 2017.

This Enactment comes into operation on a date to be appointed by the

Minister by notification in the Gazette.

Interpretation

a person in occupation or control of premises; and

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

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

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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Where any property vested in, reserved for or alienated to a local authority for purposes of sewerage systems and sewerage services immediately prior to the coming into operation of this Enactment is needed for those purposes under this Enactment but no agreement is reached between the parties referred to in subsection (1) with respect to the transfer of that property, the property may be acquired by the Government-

Any property transferred to the Government under subsection (1) or acquired by the Government under subsection (2) shall vest in the Government without any

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conveyance, assignment or transfer and shall be so vested for the like title, estate or interest and on the like tenure as the property was vested before the transfer or acquisition.

Where any property is vested under this section in the Government, all rights enjoyed wholly or mainly in connection with that property before the vesting date shall, as from the vesting date, be transferred to and vested in the Government.

Any proceedings or cause of action pending or existing immediately prior to the vesting date by a local authority in respect of any property or right transferred to the

Government under this section may be continued and enforced by the Government.

Every chose-in-action vested in the Government under this section may be sued on, recovered or enforced by the Government, and it shall not be necessary for the

Government to give notice to the person bound by the chose-in-action of the vesting effected by this section.

Every right transferred to the Government under this section may, on and after the vesting date, be sued on, recovered or enforced by the Government and it shall not be necessary for the Government to give notice to the person whose right is affected by the vesting under this section.

to plan, design, construct, manage, inspect, operate, maintain, repair or refurbish any public sewerage system;

to provide sewerage services;

to do such other matters as may be agreed upon between the Government and the sewerage services contractors.

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There shall be appointed from amongst the members of the State public service, such numbers of officers as may be necessary or expedient to assist the Director in the performance of his duties under this Enactment.

A person appointed under subsection (2) shall be subject to the direction, control and supervision of the Director.

to formulate and implement a plan so that all reasonable demands for sewerage services are satisfied;

in consultation with the relevant authorities, prepare a structure plan formulating the policy and general proposals in respect of the development of any new sewerage system and measures for improvement of any existing sewerage system;

to prescribe the minimum standards and specifications of any installation or equipment relating to sewerage systems, septic tanks, connections and private connection pipes and to register persons supplying such installation or equipment;

to set standards and specifications and to prescribe codes of practice for the planning, design, construction, installation, commission and maintenance of sewerage systems;

to exercise regulatory functions specified in this Enactment and any subsidiary legislation made made under this Enactment;

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to issue licences under this Enactment;

to secure that the functions and obligations of any sewerage services contractor with whom an agreement has been entered into under section 5 are properly carried out;

to ensure that a sewerage services contractor with whom an agreement has been entered into under section 5 is able to finance the proper carrying out of his functions;

to promote the interests of customers of sewerage services or connection services provided by any person licensed under this Enactment in respect of-

the prices to be charged for the services;

so far as it appears to him practicable form time to time to do so, to keep under review the performance of every sewerage services contractor with whom an agreement has been entered into under section 5; and

to do all such things as may be necessary for the purpose of carrying out, or in connection with, the performance of his functions and powers under this Enactment.

A person purporting to act pursuant to a delegation made under this section shall, in the absence of proof to the contrary, be presumed to be acting in accordance with the terms of the delegation.

A delegation made under this section may at any time be revoked by the Director.

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A delegation made under this section shall not preclude the Director himself from carrying out at any time the delegated functions or powers.

own a sewerage system or any part of the systems;

undertake, provide or make available any sewerage services or part of the services by means of operating a sewerage system;

carry out any works necessary to connect a private connection pipe to a sewer or sewage treatment works;

construct, install or modify any part of a sewerage system;

carry out maintenance services for a sewerage system; or

undertake, provide or make available sewerage desludging services or any other sewerage services, unless he holds a licence.

Any person who –

The Minister may, upon recommendation of the Director, by order published in the Gazette, exempt a person from the licensing requirements under this section subject to such terms and conditions as the Minister thinks fit.

Every application under subsection (1) shall be accompanied by such documents and information as may be specified by the Director.

The Director may, in writing at any time after the receipt of an application under subsection (1), request the applicant to give him within the period specified in the request, additional information, particulars or document on the application.

If any additional information, particulars or document required under subsection

is not given by the applicant within the period specified in the request or any extension of time granted by the Director, the application shall be deemed to be withdrawn and shall not be further proceeded with, but without affecting the right of the applicant to make a fresh application.

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If the Director decides to grant a licence under subsection (1), he shall –

Where the Director refuses to grant a licence, he shall inform the applicant in writing of such refusal.

impose any additional conditions on the licence granted under section 12; or

vary any of the conditions imposed on the licence granted under section 12.

The licensee shall furnish to the Director any information as the Director considers necessary and relevant to the application.

The Director may, after receiving an application for a renewal of licence under subsection (1), renew the licence or refuse to renew the licence.

Where an application for a renewal of licence is approved by the Director, the licence shall be renewed upon payment of the prescribed fee and the Director may impose such terms and conditions as the Director considers necessary.

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A licensee who assigns or transfers his or its licence to any other person without the prior written approval of the Director 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 three years or to both.

the licensee has failed to comply with any provisions of this Enactment or any subsidiary legislation made under this Enactment;

the licensee has failed to comply with any of the conditions of the licence;

the licensee had obtained the licence by fraud or misrepresentation;

the licensee has been convicted of an offence under this Enactment or subsidiary legislation made under this Enactment;

a receiver, receiver and manager, provisional liquidator or like official has been appointed over the whole or substantial part of the licensee's assets and such appointment is not revoked or annulled within a period of sixty days from the date of such appointment; or

there has been any act or default on the part of the licensee or there has been a change of circumstances such that the licensee would no longer be entitled to be granted a licence under this Enactment.

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Before the Director makes a decision under subsection (1), the Director may, by notice in writing, give the licensee an opportunity to show cause against the revocation.

The licensee shall not be entitled to any form of compensation if the licence is revoked in accordance with subsection (1).

Notwithstanding subsection (1), the Director may authorize the licensee in writing to carry on providing any service for such duration and upon such terms and conditions as the Director may specify in the authorization for the purpose of winding up the licensee's affairs.

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.

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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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.

In considering whether to grant an approval under subsection (1), the Director shall take into consideration the following:

In granting the approval to the person under subsection (1), the Director may impose such terms and conditions as he deems fit.

A person who-

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-

Notwithstanding subsections (7) and (8), the Director may execute any work or take any measure-

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.

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.

A person who-

.

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The Director shall accept the sewerage system or part of the systems after the

Director is satisfied that the sewerage system or part of the systems meets the standards and specifications requirements of the sewerage services as set out by relevant authorities.

Upon the sewerage system or part of the systems being handed over to the

Director, the Director shall operate and maintain such system.

The developer shall provide or cause the owner of the land to provide the Director access to the sewerage system or part of the systems for the purposes of operating and maintaining such system.

Notwithstanding subsection (1), a developer who owns a private sewerage system or any part of the system or provides sewerage services for the sole purpose of collecting, conveying, treating and disposing sewage by means of a private sewerage system is exempted from the obligations under this section.

A person who fails to comply with 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 three years or to both.

In this section, “qualified person” means a person who is recognized by the

Director as a person qualified to issue a certificate of practical completion for the purpose of subsection (1).

Any sewerage system constructed or to be constructed by a sewerage services contractor pursuant to an agreement entered into under section 5 shall be deemed to be a public sewerage system.

cause any sewerage system to be constructed as he may deem necessary;

cause to be constructed or installed any public sewer or disposal pipe through, across or under any place laid out as, or intended for, a road or any cellar or vault which is under any road; or

after giving notice in writing to the relevant authorities, cause to be constructed or installed any public sewer or disposal pipe through, across, under or over any premises.

Requirements in respect of sewer or sewerage system which will form part of public sewerage system

to construct the sewer or sewerage system in such manner as may be specified by the Director; or

to repair and maintain the sewer or sewerage system until the sewer or sewerage system becomes part of the public sewerage system.

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The person referred to in subsection (1) shall comply with the requirements of the

Director under that subsection.

If by reason of any inspection, refurbishment, repair, alteration or improvement of any public sewerage system under subsection (1) any person is deprived of the lawful use of any sewer, the Director shall reasonably provide some other facility as effectual as the one of which that person is so deprived.

If the owner, management corporation or occupier to whom a direction under subsection (1) has been issued fails to comply with the direction within the period specified in the direction, the Director or any person authorized by the Director may construct or install the private connection pipe or caused the pipe to be constructed or

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installed and recover the expenses incurred in the construction and installation of such pipes from the owner, management corporation or occupier.

If the owner, management corporation or occupier to whom a notice under subsection (1) has been issued fails to comply with the notice within the period specified in the notice, the Director or any person authorized by the Director may construct or install the pipe or such other system as the Director thinks necessary or cause the pipe or system to be constructed or installed and recover the expenses incurred in the construction and installation of the pipe or system from the owner, management corporation or occupier.

Any person who fails to comply with the notice given under subsection (1)

commits an offence and shall, on conviction, be liable to a fine not exceeding two hundred thousand ringgit or to imprisonment for a term not exceeding six months or to both.

make or cause or permit any private connection pipe, drain or sewer to connect directly or indirectly to any public sewer or public sewage treatment works; or

close up, obstruct, stop or deviate or cause to close up, obstruct, stop or deviate any public sewer.

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The Director may-

The Director may refuse to permit any person to make a connection to any public sewer or public sewage treatment works if-

Any person who contravenes subsection (1) or fails to comply with an order issued under subsection (2) commits an offence and shall, on conviction, be liable to a fine not exceeding two hundred thousand ringgit or to imprisonment for a term not exceeding six months or to both.

any prohibited effluent, without the approval of the Director;

any noxious, volatile or inflammable substance or any other matter likely to damage or impair the functioning of any public sewer or public sewage treatment works or to interfere with the free flow of its contents or to affect prejudicially the treatment or disposal of its contents; or

any effluent, matter of substances from a garbage grinder or such other device determined by the Director, without the approval of the Director.

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Any person who contravenes subsection (1) commits an offence and shall, on conviction, be liable to a fine not exceeding three hundred thousand ringgit or to imprisonment for term not exceeding one year or to both.

The amount to be paid in making good any damage under subsection (1) shall, in case of dispute, be determined by the court by which the person causing such damage is convicted.

The cost of the construction or installation of the private sewerage system or septic tank shall be borne by the owner or management corporation of the premises, or if the owner or management corporation cannot be traced, the occupier.

a private sewerage system, septic tank, individual internal sewerage piping or common internal sewerage piping on any premises or which serves any premises; or

a private connection pipe connecting any premises to a public sewerage system, is defective or is not properly maintained or is in need of repair, the Director may issue a direction to the owner, management corporation or occupier of such premises or the owner of or the management corporation responsible for the private sewerage system, septic tank, private connection pipe, individual internal sewerage piping or common internal sewerage piping to have such private sewerage system, septic tank, private connection pipe, individual internal sewerage piping or common internal sewerage piping repaired or put in proper order within the period specified in the direction.

If the Director is satisfied that, due to any obstruction, any premises on which a septic tank is situated does not have adequate access for the purpose of desludging the septic tank, the Director may issue a direction to the owner, management corporation or occupier of such premises to remove such obstruction within the period specified in the direction.

If the person to whom a direction issued under subsection (1) or (2) fails to comply with the direction within the period specified in the direction, the Director or any person authorized by the Director may, at the expiration of such period, do the work required in the direction and may recover the expenses incurred in doing so from the owner, management corporation or occupier.

grant adequate access to the septic tank for the purpose of enabling the septic tank to be serviced and desludged;

cause the private sewerage system, septic tank, private connection pipe,individual internal sewerage piping, common internal sewerage piping and all accessories thereto to be so maintained and kept as not to be a nuisance or harmful to health; and

cause the septic tank to be desludged by a sewerage services contractor.

The owner, management corporation or occupier of any premises, as the case may be, shall be solely responsible for the maintenance, refurbishment or replacement of the individual internal sewerage piping or the common internal sewerage piping.

Any person who contravenes subsection (1) commits an offence and shall, on conviction, be liable to a fine not exceeding three hundred thousand ringgit.

any private sewerage system or septic tank which is so foul or in such a state or so situate as to be a nuisance or a danger to health; or

any premises which is not ventilated in such manner as to render harmless as far as practicable any gas, vapour, dust or other impurity that is harmful to health generated from that private sewerage system or septic tank, commits an offence and shall, on conviction, be liable to a fine not exceeding two hundred thousand ringgit or to imprisonment for a term not exceeding six months or to both.

The Director may direct the owner or the management corporation or, if the owner or management corporation cannot be traced, the occupier of the premises where the private sewerage system or septic tank is located or situated on, to abate such nuisance, harm or danger.

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If the owner, management corporation or occupier fails to comply with the direction of the Director under subsection (2), the Director or any person authorized by the Director may abate such nuisance, harm or danger and the expenses incurred by the Director or the authorized person shall be borne by the owner, management corporation or occupier.

A written statement by the Director or any person authorized by him specifying the amount due shall be prima facie evidence of the payment that has to be made by the consumer under subsection (1).

willfully, negligently or recklessly damages or causes to be damaged any pipe, channel, conduit or structure, sewer, manhole, chamber, fixture, equipment, reservoir, pump, valve or any part of any public sewerage system;

or

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trespasses on any area of a sewage pumping station or sewage treatment works of a public sewerage system, commits an offence and shall, on conviction, be liable to a fine not exceeding three hundred thousand ringgit or to imprisonment for a term not exceeding one year or to both.

A person who is convicted for an offence under paragraph (1)(a) shall be liable to pay compensation for such damage and such compensation shall be recoverable in the manner provided under section 39.

hinders or obstructs any officer or person authorized by the Director, under this Enactment or any of the sewerage services contractors’ or licensee’s employees or agents in the performance and execution of his duty or of anything which he is respectively empowered or required to do by virtue of or in consequence of this Enactment; or

removes any mark set up for the purpose of direction necessary to the execution of works authorized by this Enactment or any subsidiary legislation made under this Enactment, commits an offence and shall, on conviction, be liable to a fine not exceeding two hundred thousand ringgit or to imprisonment for a term not exceeding six month or to both.

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The occupier of any premises who continues, after the expiration of eight days from the date of an order made under subsection (1), to refuse to permit the owner or the management corporation of the premises to execute the works specified in the order commits an offence and shall, on conviction, be liable to a fine not exceeding thirty thousand ringgit, and the owner or the management corporation shall, during the continuance of the occupier's refusal, be discharged from any penalty to which the owner or the management corporation might otherwise be liable by reason of his or its default in executing the works.

In any proceedings under this Enactment or any subsidiary legislation made under this Enactment, any document purporting to be a certificate given by an officer authorized by the Director certifying that any particular equipment, device or material is a non-

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standard equipment, device or material shall be admissible as prima facie evidence of the facts stated in it until the contrary is proved.

making any survey or inspection;

managing, planning, designing, refurbishing, repairing, maintaining and operating any public sewerage system;

constructing or installing any public sewer or disposal pipe;

treating and disposing the contents of any public sewerage system;

closing up any part of a public sewerage system;

desludging any septic tank; or

any other purposes connected with the execution of the works authorized by this Enactment.

No person shall enter any premises for any of the purposes mentioned in subsection (1) except with the consent of the owner or management corporation of the premises, where such premises are in occupation, the occupier of such premises or after giving twenty-four hours notice to the owner, management corporation or occupier.

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In the case of reserved land, the notice referred to in subsection (2) shall be given to the person in charge of the reserved land or, in the absence of such person, to the Collector.

Notwithstanding subsection (1), the Director or any person authorized by the

Director may enter into any premises at any time in the case of an emergency where a sewerage system or any part thereof, due to any cause, is or is likely to become dangerous to the public.

Whenever an enforcement officer exercises any of the powers under this

Enactment or any subsidiary legislation made under this Enactment, he shall, on demand, produce to the person against whom the power is being exercised, the authority card issued to him under subsection (1).

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An enforcement officer may, in relation to an investigation in respect of an offence committed against this Enactment or any subsidiary legislation made under this

Enactment, exercise all or any of the powers in relation to police investigation, except the power to arrest without warrant, given under the Criminal Procedure Code [Act 593].

any premises have been used or are about to be used for; or

there is in any premises evidence necessary to the conduct of an investigation into, the commission of an offence under this Enactment or any subsidiary legislation made under this Enactment, the Magistrate may issue a warrant authorizing an enforcement officer named in the warrant, at any reasonable time by day or by night and with or without assistance, to enter the premises and if need be by force.

Without affecting the generality of subsection (1), the warrant issued by the

Magistrate may authorize the enforcement officer to-

An enforcement officer entering any premises under this section may take with him such other persons and equipment as may appear to him to be necessary.

An enforcement officer conducting a search under subsection (1) may, for the purpose of investigating into the offence, search any person who is in or on the premises.

Whenever it is necessary to cause a woman to be searched, the search shall be made by another woman with strict regard to decency.

An enforcement officer may, in the exercise of his powers under this section, if it is necessary so to do-

Where under this section any equipment, device, material, book, record, account, document or other thing or any receptacle, package or conveyance has been seized in respect of such offence then the enforcement officer may retain any equipment, device, material, book, record, account, document or other thing or any receptacle, package or conveyance until the conclusion of such criminal proceedings.

Any person who, without lawful authority, breaks, tampers with or damages the seal referred to in subsection (1) or removes any equipment, device, material, book, record, account, document or other thing or any receptacle, package or conveyance seized under seal or attempts to do so, commits an offence and shall, on conviction, be liable to a fine not exceeding two hundred thousand ringgit or to imprisonment for a term not exceeding six months or to both.

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For the purpose of this section, “access” includes being provided with the necessary password, encryption code, decryption code, software or hardware or any other means required to enable the comprehension of computerized data.

The list prepared in accordance with subsection (1) shall be delivered immediately to the occupier of the premises where the equipment, device, material, book, record, account, document or other thing or receptacle, package or conveyance seized is found.

Where the seizure is made in or from any premises which is unoccupied, the enforcement officer shall whenever possible post a list of the things seized conspicuously at or on the premises.

If the person refuses or fails to attend as so required, the enforcement officer may report such refusal or failure to a court who shall issue a summons to secure the attendance of such person as may be required by the order made under subsection (1).

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Such person shall be bound to answer all questions relating to the case put to him by the enforcement officer, but he may refuse to answer any question the answer to which would have a tendency to expose him to a criminal charge or penalty or forfeiture.

A person making a statement under this section shall be legally bound to state the truth, whether or not such statement is made wholly or partly in answer to the questions.

The enforcement officer examining a person under subsection (1) shall first inform that person of the provisions of subsections (2) and (3).

A statement made by any person under this section shall, whenever possible, be reduced into writing and signed by the person making it or affixed with his thumbprint, as the case may be, after it has been read to him in the language in which he made it and after he has been given an opportunity to make any correction he may wish.

When any witness is called for the prosecution or for the defence, other than the accused, the court shall, on the request of the accused or the prosecutor, refer to any statement made by that witness to the enforcement officer in the course of the investigation under this Enactment and may then, if the court thinks fit in the interest of justice, direct the accused to be furnished with a copy of it and the statement may be used to impeach the credit of the witness in the manner provided by the Evidence Act 1950 [Act 56].

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Where the accused had made a statement during the course of an investigation, such statement may be admitted in evidence in support of his defence during the course of the trial.

Nothing in this section shall be deemed to apply to any statement made in the course of an identification parade or falling within section 27 or paragraph 32(1)(a),(i) and

When any person is charged with any offence in relation to –

An order for the forfeiture of any equipment, device, material, book, record, account, document or other thing or any receptacle, package or conveyance shall be made if it is proved to the satisfaction of the court that an offence under this Enactment has been committed and that the equipment, device, material, book, record, account, document or other thing or any receptacle, package or conveyance was the subject matter of or was used in the commission of the offence, even though no person may have been convicted of such offence.

If there is no prosecution with regard to any equipment , device, material, book, record, account, document or other thing or any receptacle, package or conveyance shall be taken and deemed to be forfeited at the expiration period of one calendar month from the date of service of a notice to the last known address of the person from whom the equipment, device, material, book, record, account, document or other thing was seized indicating that there is no prosecution in respect of such equipment, device, material,

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book, record, account, document or other thing unless before the expiration of that period a claim thereto is made in the manner set out in subsections (5), (6), (7) and (8).

If no claim is made under subsection (5) within thirty days from the date of service of the notice referred to in subsection (3), the equipment, device, material, book, record, account, document or other thing or receptacle, package or conveyance seized under this Enactment shall be taken and deemed to be forfeited at the expiration of that period.

Any person asserting that he is the owner of equipment, device, material, book, record, account, document or other thing or receptacle, package or conveyance referred to in subsection (3) and that it is not liable to forfeiture may personally or by his agent authorized in writing, give written notice to the enforcement officer in whose possession such equipment, device, material, book, record, account, document or other thing or receptacle, package or conveyance is held that he claims the equipment, device, material, book, record, account, document or other thing or receptacle, package or conveyance.

On receipt of the notice referred to in subsection (5), the enforcement officer shall refer the claim to a Magistrate.

The Magistrate to whom a matter is referred under section (6) shall issue a summons requiring-

If it is proved that an offence under this Enactment or any subsidiary legislation made under this Enactment has been committed and that equipment, device, material, book, record, account, document or other thing or receptacle, package or conveyance was the subject matter of or was used in the commission of such offence, the Magistrate shall order the equipment, device, material, book, record, account, document or other thing or receptacle, package or conveyance to be forfeited, and shall, in the absence of such proof, order its release.

Any equipment, device, material, book, record, account, document or other thing or any receptacle, package or conveyance forfeited or deemed to be forfeited shall be delivered to the Director and shall be disposed of in such manner as the Director thinks fit.

in any way assaults, hinders or obstructs the enforcement officer in the performance of his duties under this Enactment or any subsidiary legislation made under this Enactment; or

fails to give reasonable facilities or assistance to any enforcement officer in the performance of his duties under this Enactment or any subsidiary legislation made under this Enactment, commits an offence and shall, on conviction, be liable to a fine not exceeding three hundred thousand ringgit or to imprisonment for a term not exceeding two years or to both.

Where any person would be liable under this Enactment or any subsidiary legislation made under this Enactment to any punishment or penalty for any act, omission, neglect or default, he shall be liable to the same punishment or penalty for every such act, omission, neglect or default of any employee or agent of his or of the employee of such agent, if such act, omission, neglect or default was committed by the employee of such agent in the course of his employment by such agent or otherwise on behalf of the agent.

Nothing under subsection (2) shall absolve an agent, officer or employee from any liability for an offence.

Any body corporate which commits an offence under this Enactment or any subsidiary legislation made under this Enactment for which no penalty is expressly provided shall, on conviction, be liable to a fine not exceeding five hundred thousand ringgit.

An offer under subsection (1) may be made at any time after the offence has been committed, but before any prosecution for it has been instituted.

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If the amount specified in the offer made under subsection (1) is not paid within the time specified in the offer or within such extended period as the Director may grant, prosecution for the offence may be instituted at any time after that against the person to whom the offer was made.

Where an offence has been compounded under subsection (1), no prosecution shall after that be instituted in respect of the offence against the person to whom the offer to compound was made, and any equipment, device, material, book, record, account, document or other thing or any receptacle, package or conveyance seized in connection with the offence may be released by the Director, subject to such terms as the Director thinks fit.

the Director, officer or enforcement officer; and

any other person for or on account of or in respect of any act done or purported to be done by him under the order, direction or instruction of the director, officer or enforcement officer, if the act was done in good faith and in a reasonable belief that it was necessary for the purpose intended to be served by it and for the carrying into effect the provision of this

Enactment.

No proceedings taken under or by virtue of this Enactment or any subsidiary legislation made under this Enactment shall be invalid for want of form.

Nothing in this Enactment shall affect the liability of the purchaser or transferee to pay expenses in respect of the property referred to in subsection (1) or affect the right of the Director, a sewerage services contractor or a connection contractor, as the case may be, to recover those expenses from or to enforce any obligation under this Enactment or any subsidiary legislation made under this Enactment against, the purchaser or transferee.

Without prejudice to the generality of subsection (1), the Minister may make regulations in respect of all or any of the following matters:

Any plans or specifications in respect of any sewerage system or septic tank approved under any other written law before the date of coming into operation of this

Enactment shall be deemed to have been approved under section 18.

The provisions of subsections 10(1) and (2) shall not apply to any person who, on the date of coming into operation of this Enactment, was carrying on any of the acts described in subsection 10(1) until the expiration of six months from that date or the final determination of his application for a licence under this Enactment, whichever is the later.

Notwithstanding subsection (1), any right, liberty, privilege or obligation existing immediately before the date of coming into operation of this Enactment by virtue of any law relating to sewerage systems or sewerage services in force before that date shall, except as may be expressly provided in this Enactment, be subject to the provisions of this Enactment.

All regulations, rules, by-laws, exemptions, directions and orders made, all registers kept and all permits and certificates granted or having effect under any written law and in force or having effect at the commencement of this Enactment, shall (without prejudice to the power of the Minister to amend the regulations and rules and to amend, revoke or withdraw the exemptions, directions, permits or certificates by order or direction made under the appropriate provision of this Enactment) continue to be in force and have effect as if they had been made, kept or granted under this Enactment, until otherwise provided for under this Enactment.

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CERTIFIED by me to be a true copy of the Bill passed by the Legislative

Assembly on Thursday, the 23rd day of November, 2017.

DATUK SERI PANGLIMA HAJI SYED ABAS SYED ALI,

Speaker,

State Legislative Assembly.