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Section 45

Pollution

of Water Ordinance, 1994

State OrdinanceIn forceProvision 46 of 54
Section 45

—

(1)

Any person who deposits or allows to be deposited any earth, material or liquid in such manner or place that it may be washed, fall or be carried into the waterworks shall be guilty of an offence: Penalty, in the case of a first offence, a fine not exceeding five thousand ringgit and, in the case of a second or subsequent offence, a fine not exceeding twenty thousand ringgit and imprisonment not exceeding three years.

(2)

If any earth, material, liquid or other pollutants is allowed to remain so deposited after the water supply authority has given notice in writing to such person (which notice may be given in the manner provided by section 22(3)) requiring such earth, material or liquid to be removed, or the continuing deposit of any such earth, material or liquid to cease, such person shall be guilty of an offence:

Penalty, in the case of a first offence, a fine not exceeding five thousand ringgit and, in the case of second or subsequent offence, a fine not exceeding twenty thousand ringgit and imprisonment not exceeding three years.

(3)

Any person who washes or bathes in, or throws into, any water course or stream forming part of the waterworks, or washes, throws or causes to enter therein any creature, dead or alive, shall be guilty of an offence: Penalty, in the case of a first offence, a fine not exceeding five thousand ringgit and, in the case of a second or subsequent offence, a fine not exceeding twenty thousand ringgit and imprisonment not exceeding three years.

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(4)

Nothing in this section shall be construed as prohibiting or restricting—

(a)

any method of cultivation of land which is in accordance with the acceptable principles of good agricultural practices; or

(b)

the use of oil or tar for the construction or maintenance of any public highway, so long as all reasonable steps are taken for preventing the pollution of any part of any water of the waterworks.