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LAWS OF SARAWAKChapter 84

(1958 Edition)

Natural Resources and Environment Ordinance(Incorporating all amendments up to 1st January 2021)

Contents1. Natural Resources And Environment Ordinance

Chapter 84 - Laws of Sarawak (1958 Edition)1

2. Natural Resources And Environment(Prescribed Activities) Order, 1994

47

3. Natural Resources And Environment(Fire Danger Rating System) Order, 2004

57

4. Natural Resources And Environment(Prohibition Of Clearing And Burning Of Vegetation And Combustible Materials) Amendment Order, 2021

67

5. Natural Resources And Environment(Compounding Of Offences) Rules, 1997

71

6. Natural Resources And Environment(Fees) Rules, 2008

79

7. Natural Resources And Environment(Audit) Rules, 2008

83

8. Natural Resources And Environment(Collection And Disposal Of Used Tyres) Rules, 2012

93

9. Natural Resources And Environment(Delegation Of Powers) Notification, 2006

107

1

Natural Resources and Environment Ordinance

LAWS OF SARAWAK

ONLINE VERSION

Chapter 84 (1958 Edition)

NATURAL RESOURCES AND ENVIRONMENT ORDINANCE

Incorporating all amendments up to 1st January, 2021

PREPARED AND COMPILED BY

STATE ATTORNEY-GENERAL’S CHAMBERS SARAWAK

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Natural Resources and Environment Ordinance 1

LAWS OF SARAWAK



_____________

ARRANGEMENT OF SECTIONS _____________

PART I

PRELIMINARY

Section

1. Short title

2. Interpretation

PART II

NATURAL RESOURCES AND ENVIRONMENT BOARD

3. Establishment and composition of Natural Resources and Environment Board

4. Quorum and proceedings of the Board

5. Functions and powers of the Board

6. Board to give notice to interested parties

7. Board may summon witnesses

8. Appeal from determination of Board

9. Functions of Government departments, statutory bodies and local authorities

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LAWS OF SARAWAK (1958 Edition) 2 CAP. 84 (1958 ED.)

PART III

CONSERVATION AND IMPROVEMENT OF NATURAL RESOURCES AND

PROTECTION OF THE ENVIRONMENT

Section

10. Board may make orders for conservation of natural resources

11. Board may construct works

11A. Reports on activities having impact on environment and natural resources

12. Apportionment of costs

PART IV

GENERAL

13. Advances, loans, grants in aid and incentives

14. Rights of entry

15. Penalty for discharge of storm water

16. Destocking and limitation of stock

17. Evidence

18. Rules

PART V

FUND AND FINANCIAL PROVISIONS

19. Fund of the Board

20. Conservation of Fund

21. Expenditure to be charged on Fund

22. Expenditure and preparation of estimates

23. Accounts and audit

24. Borrowing powers

25. Government loans or grants

26. Investment

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Natural Resources and Environment Ordinance NATURAL RESOURCES AND ENVIRONMENT 3

PART VI

MISCELLANEOUS PROVISIONS

Section

27. Annual report

28. Duties of authorities as respects agriculture and forestry

29. Delegation of powers of the Board or the Controller

30. Specific offences

30A. Miscellaneous offences

30B. Pollution of land, etc.

30C. Presumption

30D. Defence

31. Default in compliance with notice or order

32. Power of entry and investigation

32A. Power of seizure

32B. Offence by bodies of persons

32C. Power of Controller to dispose of seized property

33. Power to prosecute and legal representation

34. Public servants

35. Personal immunity of members, officers and employees

36. Public Authorities Protection Act 1948

37. Security for protection under other laws

38. Protection of Informers

39. Reward, etc.

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LAWS OF SARAWAK (1958 Edition) 4 CAP. 84 (1958 ED.)

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LAWS OF SARAWAK


NATURAL RESOURCES AND* ENVIRONMENT ORDINANCE

An Ordinance to consolidate and amend the law relating to conservation of natural resources and the management of the environment.

[12th December, 1949] PART I

PRELIMINARY

Short title 1. This Ordinance may be cited as the Natural Resources and

Environment Ordinance. [Am. Cap. A12.]

Interpretation

2.⎯(1) In this Ordinance⎯

“Board” means the Natural Resources and Environment Board constituted under section 3;

[Am. Cap. A12.] “conservation area” means any area of land designated as

such under section 10(6) to enable the Board to take such measures as it deems fit and necessary for the protection and conservation of natural resources to provide for the safeguard and enhancement of the environment, and includes any area of land

* Formerly known as the Natural Resources Ordinance, this Ordinance has now been cited as the

Natural Resources and Environment Ordinance w.e.f. 1.2.94 [Swk. L.N. 4/94] ⎯see section 2 of the Natural Resources (Amendment) Ordinance, 1993 [Cap. A12] w.e.f. 1.2.94.

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LAWS OF SARAWAK (1958 Edition) 6

declared to be a special area under section 3 of the Public Parks and Greens Ordinance, 1993 [Cap. 3];

[Ins. Cap. A12.]

“Controller” means the person appointed pursuant to section 3(9) to the office of Controller of Environmental Quality, and includes a Deputy Controller;

[Ins. Cap. A53.]

“Council” means the Environmental Quality Council established under section 4 of the Environmental Quality Act 1974 [Act 127];

[Ins. Cap. A12.]

“Deputy Chairman” ….. [Deleted by Cap. A120.];

“environment” means the physical factors of the surroundings of the human beings including land, water, atmosphere, climate, sound, odour, taste, the biological factors of animals and plants and the social factor of aesthetics;

[Ins. Cap. A12.]

“environmental audit” means a periodic, systematic, documented and objective evaluation to determine—

(a) the compliance status of any order, directive, approval or requirement issued or made by the Board;

(b) the environmental management system and its performance; and

(c) any risk that may be caused to the environment in regard to the use, exploitation or development of any of the natural resources of the State;

[Ins. Cap. A86.]

9


“Environmental Authority” means any local authority, statutory body or department of the State or Federal Government or such other authority, officer or person duly directed by the Board under this Ordinance to exercise the powers conferred or perform the duties imposed upon the Environmental Authority by this Ordinance or to perform such duties or functions as may be directed by the Board for the implementation, execution or enforcement of any order, direction, ruling or decision of the Board;

“environmental elements” means the constituent parts of the environment including the atmosphere, vegetation, land, soils, water (both inland and subterranean), wild life and animals;

[Ins. Cap. A86.]

“environmental management system” means a system or process comprising of an organizational structure with its responsibilities, procedures, practices and control for the overall management and protection of the environment;

[Ins. Cap. A86.]

“forest produce” shall have the same meaning assigned to that expression by the Forests Ordinance [Cap. 126 (1958 Ed.)];

“inland waters” means the waters of any rivers, waterways, lakes, reservoirs, watercourses, water catchment areas within the State and in the foreshores, and includes subterranean water;

“local authority” shall have the same meaning assigned to it in the Local Authorities Ordinance, 1996 [Cap. 20];

[Sub. Cap. A86.]

“mining” means to disturb, remove, cast, carry, wash, sift, smelt, refine, crush or otherwise deal with any rock, stone, gravel, clay, sand, soil or mineral including mineral oil by any mode or method whatever for the purpose of extracting metal or mineral including mineral oil therefrom;

[Add. Cap. A185/2019.]

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“Minister” means the Minister responsible for natural resources and environement;

[Ins. Ord. No. 11/63, Am. Cap. A185/2019.]

“municipal wastes” means any refuse or waste materials, whether solid, semi-solid or liquid in form, generated by or emanating from domestic, commercial, industrial or public premises or places including waste materials from any garden, farm, plantation or forest but excluding scheduled wastes;

[Ins. Cap. A86.]

“natural resources” means air, biological diversity of resources, minerals, oil, gas, forest produce, land, rocks, soils, sub-soils, animals, birds, plants, marine or aquatic life and waters of Sarawak;

“occupier” means any person in actual occupation of land and, in the case of land reserved or allocated for the use of a native community, includes the head of the community;

“open burning” means any fire which is ignited or lighted in the open air onto any refuse, wastes, vegetation or other combustible materials whatsoever, but does not include—

(a) any burning of materials in any incinerator;

(b) any burning of materials in connection with the performance of religious rites or ceremonies, and funerals;

[Am. Cap. A185/2019]

(c) any fire used in connection with preparation or cooking of food;

[Ins. Cap. A86.] (d) any burning of noxious plant declared as such

under the Plant Quarantine Act 1976 [Act 167], including infected and dangerous plant according to any notice or order made under such Act and any agricultural equipment used in relation to such plants;

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(e) any burning of infected or diseased animal, fish or animal or fish products pursuant to subsection 12(1)(b) of Veterinary Public Health Ordinance, 1999 [Cap. 32];

(f) any burning of solid or liquid fuel or any structure in the conduct of research on the causes and control of fires, or for the training of any fire officer or any employee of the fire-brigade in any private organizations, educational institutions or voluntary fire brigades established under the Fire Services Act 1988 [Act 341]; or

(g) any burning of flammable gases where the industrial flare is properly operated.

[Ins. Cap. A185/2019] “owner” means the person in whose name the title to any

land is registered, and includes any person, other than the Government, who receives or is entitled to receive the rent or profits of any land whether on his own account or on behalf of himself and others or as agent;

“Permanent Secretary” ...... [Deleted Cap. A12.];

“plant” means any species of plant or any part thereof, including all tree and crops species and vegetation;

“pollution” means any direct or indirect alteration of the physical, thermal, chemical or biological properties of any part of the environment by discharging, emitting or depositing wastes in such amount or concentration or by the emission of noise or vibration, to any land, drain, stream or river not specifically designated by any Environmental Authority for the purpose or not designated for the type, amount or concentration of wastes discharged, emitted or deposited or by emitting noise or vibration, which is harzadous or a potential risk to public health, safety or welfare, or to animals, birds, fish or other aquatic life, or to plants;

[Sub. Cap. A120.]

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“scheduled wastes” means any waste prescribed as such pursuant to regulations made under the Environmental of Quality Act 1974 [Act 127];

[Ins. Cap. A86.]

“soil” includes earth, sand, rock, shales and mineral deposits;

[Ins. Cap. A86.]

“storm water” means all flow of water directly due to rainfall, before such water joins a stream;

“stream” means a watercourse of natural origin wherein water flows either continuously or intermittently, whether or not its conformation has been changed by artificial means, and includes swamps or marshes, whether forming the source or found upon the course of or feeding such watercourse;

“vegetation” means all species of plants and trees, moss, algae and fungi, and any other vegetable products of the soil or water.

(2) In this Ordinance a reference to the Yang di-Pertua Negeri shall be construed as a reference to the Yang di-Pertua Negeri acting in accordance with the advice of the Majlis Mesyuarat Kerajaan Negeri or of a member thereof acting under the general authority of the Majlis.

[Ins. Cap. A12.]

(3) It shall be the duty of an Environmental Authority to carry out such duties and functions as may be directed by the Board and to implement, carry out, comply with and ensure compliance of all directions, orders and rulings of the Board made pursuant to this Ordinance.

[Ins. Cap. A12.]

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PART II

NATURAL RESOURCES AND ENVIRONMENT BOARD

Establishment and composition of Natural Resources and Environment Board

3.⎯(1) There shall be established a Natural Resources and Environment Board which shall consist of⎯

(a) the Minister as Chairman; (b) a Deputy Chairman;

(c) the State Attorney-General or his nominee; (d) the Director General of Environmental Quality or his

nominee;

(e) the Permanent Secretary to the Ministry of Resource Planning and Environment or his nominee;

[Am. Cap. A185/2019] (f) [Deleted by Cap. A185/2019] (g) the Permanent Secretary to the Ministry of Land

Development or his nominee; (h) the Director of Agriculture or his nominee; (i) the Director of Forests or his nominee;

(j) the Director of Lands and Surveys or his nominee; (k) the Director of Irrigation and Drainage or his nominee;

and (l) not more than five other members with appropriate

experience, knowledge or expertise.

[Am. Cap. A53; Am. Cap. A86; Am. Cap. A120.]

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(1A) The Deputy Chairman and the members referred to in subsection (1)(l) shall be appointed by the Majlis Mesyuarat Kerajaan Negeri.

[Ins. Cap. A86.]

(1B) [Deleted by Cap. A120.]

(2) (a) The Controller shall be the Secretary of the Board.

(b) He shall be responsible for⎯

(i) the general administration of the affairs of the Board, the management, control and supervision of its officers and employees and for executing and implementing all decisions of the Board;

(ii) preparing annual budgets and estimates of expenditure of the Board for approval by the Board; and

(iii) performing such other duties as the Board may from time to time determine or as the Chairman may from time to time direct.

[Am. Cap. A53; Am. Cap. A120.]

(3) The appointment of the Deputy Chairman and any member made under subsection (1)(l) shall⎯

(a) be for such term not exceeding three years as the Majlis Mesyuarat Kerajaan Negeri may deem fit; and

(b) be determined⎯ (i) upon his death;

(ii) if he shall by writing addressed to the Minister resign such appointment;

(iii) if he is a bankrupt;

(iv) if he is declared to be of unsound mind; or

(v) if he is sentenced to a term of imprisonment without the option of a fine.

[Am. Cap. A86.]

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(4) Any member of the Board or the committee established under subsection (9)(b) and any person invited under section 4(7) may be paid by the Board such remuneration and allowances as may be determined by the Minister.

(5) The Board for the purposes of this Ordinance may sue and be sued by its name and to be described by that name for all purposes.

(6) (a) The Board shall have a Corporate Seal which shall be in the custody of the Secretary of the Board.

(b) All orders or directions of the Board issued pursuant to this Ordinance and any contract or deed entered into or executed by the Board shall bear the Seal of the Board, which shall be affixed in the presence of any member of the Board and the Secretary.

(7) The Board may own, hold or have possession of any movable or immovable properties and may enter into any contract, arrangement, instrument or deed to acquire any interest in, deal with, transact upon or dispose of any such properties in the discharge of any of the functions prescribed by this Ordinance or under any other written laws.

(8) The Board shall for the purposes of the Land Code [Cap. 81 (1958 Ed.)] be deemed to be a native.

(9) For the discharge of its functions under this Ordinance, the board may, subject to the approval of the Minister⎯

(a) appoint a Controller of Environmental Quality who shall be the Principal Administrative Officer of the Board;

(b) appoint or employ, on such terms and conditions as to salaries, allowances, gratuities and benefits as it thinks fit and proper, any officer, employee and such persons with the expertise, knowledge and professional experience as may be required by the Board in the performance of its functions or the exercise of its powers under this Ordinance; and

[Am. Cap. A185/2019]

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(c) establish committees comprising of at least one member of the Board who shall be the Chairman and such other persons as members as the Board deems fit; the Secretary of the Board shall be the secretary of such committees and he shall report to the Board all decisions and recommendations of such committees.

[Am. Cap. A53.] Quorum and proceedings of the Board

4.⎯(1) The Chairman or Deputy Chairman and any four other members of the Board shall form a quorum at any meeting of the Board.

[Am. Cap. A12.]

(2) All acts, matters and things authorized and required to be done by the Board shall be decided by resolution.

(3) The Chairman shall, in addition to his deliberative vote as a member of the Board, have a casting vote.

(4) The procedure of the Board and any committee established under section 3(9)(b) shall be as determined by the Board.

(5) The Board shall meet as and when required or whenever a meeting of the Board is requisitioned by the Chairman or Deputy Chairman.

(6) The Chairman shall preside at all meetings of the Board and in his absence the Deputy Chairman shall preside and perform the duties and exercise the powers of the Chairman.

(7) The Chairman may invite to any of its meetings any person who can in his opinion contribute to its deliberation but such person shall have no right to vote at the meeting.

Functions and powers of the Board

5. The functions and powers of the Board shall be⎯

(a) [Deleted by Cap. A53.];

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(b) to determine the mode and manner whereby natural resources can be exploited or used without damaging, polluting or causing adverse impact on the environment;

(c) to determine and take such measures as may be considered necessary, including the issue of such direction or directive or order to any Environmental Authority or to any other person or body, to prevent, abate or stop the pollution of waters in the rivers or those in catchment areas within the jurisdiction of any water authority established under the Water Ordinance, 1994 [Cap. 13];

(d) to control, stop or prohibit the destruction of vegetation for the prevention of erosion, damage or injury to the natural resources, rivers and landscapes or the protection of the environmental elements of the State;

(e) to liaise and co-ordinate with and make representation to the Council or the Ministry charged with the responsibility for environment in the Federal Government relating to the determination of the standards for control of environment, the enforcement of any rules made pursuant to this Ordinance or under any written law relating to the environment;

(f) to provide rules, guidelines and directions for the protection and enhancement of the environment in matters relating to⎯

(i) land use (including the siting of housing, industrial and commercial estates or the creation of conservation areas);

(ii) development and protection of sources of water supply and inland waters;

(iii) extraction and removal of forest produce and rock materials;

(iv) mining;

(v) planning and development of agricultural estates;

(vi) clearance and burning of vegetation;

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(vii) fishing and exploitation of marine or aquatic life and plants within the rivers of Sarawak and in the foreshores; and

(viii) any matters over which the State exercises legislative authority by virtue of the Federal Constitution or powers delegated to the State;

(g) to recommend to the Government rules and regulations to be prescribed for the protection and enhancement of the environment;

(h) to provide information and education to the public regarding the protection and enhancement of the environment;

(i) to direct any Environmental Authority and any other person or body involved in or undertaking the development, exploitation, utilization or management of natural resources, on the steps or measures to be undertaken by them to maintain environmental quality control;

(j) to consider, analyse and, if deem fit, approve plans, projects or specific recommendations or technical representations or advice of the Council or any experts or consultants or institutions or from any other sources concerning the measures for environmental quality control in any natural resources based development;

(k) to make orders for the protection and enhancement of the environment and any other matters as the Board is entitled to make under section 10;

(l) to draw up, or to direct the preparation of, develop and implement environmental management system for any conservation area or any region or specific area of the State or in relation to any prescribed activity;

(m) to set environmental quality goals for the protection of flora, fauna and human health and to determine and take such measures as may be considered necessary for achieving such goals;

19


(n) to direct any Environmental Authority to undertake environmental monitoring and to make periodic report to the Board on the implementation thereof;

(o) to direct any body or person to carry out environmental audit of any prescribed activity undertaken by him and provide a report to the Board;

(p) to carry out such duties or exercise such powers as the Yang di-Pertua Negeri may require or direct or as may be conferred by any other written law; and

(q) generally to take or undertake such measures or steps as may be necessary to safeguard the quality of the environment.


Board to give notice to interested parties 6. When any matter arises for the determination of the Board,

all persons having an interest in such matter shall, where reasonable, be notified in writing or in such other manner as the Board may direct of the questions at issue and given facilities for making thereon such representations, in person or by writing, as they may see fit. Representations may be made either to the Board or to such officer of the Government as the Board may appoint to receive representations on its behalf.

Board may summon witnesses

7.⎯(1) For the determination of any subject under consideration, the Board shall have the powers which a Sessions Court has to summon witnesses, to cause oaths and affirmations to be administered to them, to examine them and to call for the production of documents.

(2) A summons for the attendance of a witness or for the production of any book, documents or record before the Board shall be signed and issued by the Chairman of the Board, and shall be served in the same manner as a summons for the attendance of a witness at a criminal trial.

(3) Any person summoned to give evidence or to produce any book, documents or record or giving evidence before the Board shall be entitled to the same privileges and immunities as if he were

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summoned to attend or were giving evidence at a trial in a Sessions Court and may be allowed by the Board any reasonable expenses necessarily incurred by him in so attending.

[Am. Act 92, s. 111.] (4) Any person who fails without reasonable excuse to attend

in obedience to such summons, or, subject to subsection (3), fails to answer fully to the best of his knowledge any question relevant to the matter under investigation, or when required fails to produce any book, document or record as aforesaid, shall be guilty of an offence: Penalty, imprisonment for three months and a fine of five hundred ringgit.

Appeal from determination of Board 8.—(1) The Board shall communicate in writing the terms of

any approval, decision or order made by it or the Controller in terms of section 10, 11 or 12 (hereinafter referred to as a determination) to any person who is or may be directly affected by such determination.

(2) Any person who considers such determination is inequitable, unreasonable or unduly harsh may, within such times as may be prescribed, appeal to the Majlis Mesyuarat Kerajaan Negeri who may rescind or vary the determination of the Board or the Controller.

Functions of Government departments, statutory bodies and local authorities.

9. Every Government department, statutory body and local authority shall⎯

(a) generally co-operate with and assist the Board in carrying out the provisions of this Ordinance; and

(b) formulate for submission to the Board conservation schemes and environmental management system in and for the area in which it has jurisdiction and may, on the recommendation of the Board and with the approval of the Majlis Mesyuarat Kerajaan Negeri, undertake the construction of works and other measures for the conservation of natural resources or the protection and enhancement of the environment in and for the area in which it has jurisdiction.

[Am. Cap. A12.]

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PART III

CONSERVATION AND IMPROVEMENT OF NATURAL RESOURCES AND PROTECTION

OF THE ENVIRONMENT

Board may make orders for conservation of natural resources

10.⎯(1) The Controller if he considers⎯

(a) that measures are necessary for⎯

(i) the conservation of, or the prevention of injury to, natural resources; or

(ii) the protection and enhancement of the environment or the prevention and control of such activities which may cause pollution,

either within a conservation area or in any other area or on any land; and

(b) that having regard to all the circumstances it is just and equitable that such measures should be undertaken by the owner or occupier of such conservation area, other area or land,

may order in writing the owner or occupier, as the Controller may decide, to undertake or adopt such measures as he may deem necessary for the conservation of natural resources or the protection and enhancement of the environment in such conservation area, other area or land.

[Sub. Cap. A53.]

(2) Such order may relate to⎯

(a) the use to which the conservation area or land may be put and the manner thereof;

(b) the prohibition, restriction or control of the burning, clearing or destruction of vegetation, or the breaking up or clearing of conservation area or land for any purpose;

(c) the prohibition, restriction or control of cultivation of any part of the conservation area or land;

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(d) the method of the cultivation, clearing and disposal of vegetation either within any conservation area or any other area or on any land;

(e) the manner of watering, depasturing and moving stock; (f) the preservation and protection of the source, course

and banks of streams;

(g) the protection and control of water, the sources of supply of water required for human consumption, including inland waters;

(h) the construction and maintenance of works for, or the doing or abstaining from doing any act which in the opinion of the Board is necessary for, the conservation of natural resources or the protection and enhancement of the environment;

(i) the location or relocation of any agricultural, housing or industrial estates, farms, water catchment areas, places for fish or aqua culture in inland waters;

(j) the mode, manner and places for discharge of water, sewage and other effluent into any inland waters and the emission of smoke into the atmosphere; or

(k) the preparation, development and implementation of an environmental management system, to be approved by the Board, for any area or land described in the order and within such time as may be stipulated therein.

[Am. Cap. A12; Am. Cap. A53; Am. Cap. A86.] (3) Any person who, without reasonable cause, fails, neglects

or refuses to comply with or carry out any order made by the Controller under subsection (1) shall be guilty of an offence: Penalty, in the case of a first offence, imprisonment for one year and a fine of fifty thousand ringgit and, in the case of a second or subsequent offence, imprisonment for two years and a fine of one hundred thousand ringgit. A court in addition to any penalty imposed shall also make an order requiring the person guilty of the offence, to comply with the order of the Controller within such times as the court may specify.

[Sub. Cap. A53, Am. Cap. A185/2019.]

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(4) Without prejudice to subsection (3), where an order made under subsection (1) is not complied with by any person subject thereto, the Board may direct in writing, an Environmental Authority, to execute, implement or carry out the requirements of such order or complete all works or acts stipulated therein, and to recover the costs thereby incurred from the person who fails, neglects or refuses to comply with the order.

[Sub. Cap. A86.]

(5) Where an advance or incentive is given to an owner or occupier of any land to enable him to carry out an order made under subsection (1), and he fails, neglects or refuses to comply with the order, or where an Environmental Authority is directed to execute the works under subsection (4), such advance, incentive or the amount of costs and expenses incurred in carrying out and complete the requisite works, shall be a debt due by the owner or occupier of the land to the Government and until the costs and expenses thereof are fully discharged, interest shall be charged or levied thereon at the rate of ten per centum per annum.

[Sub. Cap. A86.] (6) The Yang di-Pertua Negeri may, on the advice of the

Board, by notification in the Gazette designate any area of land (whether alienated or unalienated) as a conservation area to be managed by the Board for the protection and conservation of natural resources to provide for the safeguard and enhancement of the environment on such land or to be subject to any order made by the Board under subsection (1).

(7) For the purpose of this section, “land” shall include river, stream, lake, watercourse or foreshores.

[Ins. Cap. A12.]

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Board may construct works 11. If the Board⎯

(a) decides that the proposed works should not be the subject of an order under section 10; and

(b) approves such works as being in the public interest; or (c) approves works for the protection of inland waters or

the foreshores and banks of any river against erosion and encroachment of the sea; or

(d) approves any measures for preventing or controlling pollution and protecting and enhancing the quality of the environment,

the Board may undertake, construct and maintain upon any land such works or activity as the Board may deem necessary for the protection, conservation and improvement of natural resources and for the protection and enhancement of the environment.

[Sub. Cap. A12.] Reports on activities having impact on environment and natural resources

*11A.⎯(1) The Board may, subject to such rules as may be made under section 18, by order published in the Gazette, require any person undertaking the following activities:

(a) development of agricultural estates or plantation of an area exceeding the dimension specified in the said order;

(b) clearing of forest areas for the establishment of agricultural estates or plantation;

(c) carrying out of logging operations in forest areas which have previously been logged or in respect whereof coupes have previously been declared to have been closed by the Director of Forests under the Forests Ordinance [Cap. 126 (1958 Ed.)];

_______________ * See the Natural Resources and Environment (Prescribed Activities) Order, 1994 [Swk. L.N. 45/94].

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(d) carrying out of any activity, including exploration for minerals, mining, farming, clearance of vegetation and setting up of agricultural estates in any area which in the opinion of the Board may pollute or in any way affect the sources of supply of water for human consumption;

(e) development of commercial, industrial and housing estates of an area exceeding the dimension specified in the said Order;

(f) extraction and removal of rock materials;

(g) activities which may cause pollution of inland waters of the State or endanger marine or aquatic life, organism or plants in inland waters, or pollution of the air, or erosion of the banks of any rivers, watercourses or the foreshores and fisheries;

(h) establishment of, or the use of any land for, landfill or for the storage, disposal, treatment, recycling or decomposition of municipal wastes;

[Am. Cap. A185/2019]

(i) establishment or construction of any plant or facility for the treatment of sewage and waste water; or

(j) any other activities which may injure, damage or have any adverse impact on the quality of the environment or the natural resources of the State,

to submit to the Board a report from such expert or authority and in such form as may be approved by the Board, on the impact of such activities on the natural resources and environment and any other particulars or information as may be required by the Board.


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(2) Upon consideration of such report, and having regard to the standards and recommendations of the Council, and after making all necessary enquiries and seeking any further opinion as the Board may deem desirable or necessary, the Board may approve the report with or without conditions, and the Board may make such Order or direction as the Board is empowered to do under section 10 or any other provisions of this Ordinance or to undertake such works as may be deemed necessary under section 11.

(3) No person shall carry out or commence any preparatory work relating to any activity or part thereof specified in subsection (1) or any order made under it unless the Board has approved the report required to be submitted to it pursuant to this section.

[Am. Cap. A120.]

(4) Where the Board, after examining the contents of the report, considers it reasonable and where the decision is not expected to have any significant adverse effect on the environment, the Board may decide that specified preparatory work relating to the activity or specified part of the activity may be carried out or commenced before the approval of the report.

(5) Any condition imposed by the Board when approving any report submitted pursuant to this section or any order made under it shall be deemed to have the legal effect of an order made under section 10 and may be enforced accordingly.

(6) Any person who contravenes this section shall be guilty of an offence: Penalty, a fine not exceeding ten thousand ringgit or an imprisonment not exceeding five years or both.

[Ins. Cap. A120.]

(7) Nothing in this section shall authorize or deem to have authorized the Board or the Yang di-Pertua Negeri, in the exercise of the powers conferred under section 18, to make any Order, direction, guidelines, rules or regulations in regard to the environment affecting matters over which the State, by virtue of the Federal Constitution, has no legislative authority.

27


Apportionment of costs 12.—(1) [Deleted by Cap. A120.]

(2) If the Board is of opinion that, having regard to all the circumstances, it is just and equitable that the owner of any land upon which any such works have been executed, or such owner and the owners of any other land which, in its opinion, has benefited from such works, should pay or contribute towards the cost thereof, it shall notify the owner or each of the owners accordingly, and shall in such notification specify the amount of such costs, if any, to be borne by the Government and the amount of payment or contribution to be made by such owner or by each of such owners.

[Am. Cap. A12; Am. Cap. A120.] (3) The amount of payment or contribution fixed by the Board

in terms of subsection (2) shall be a debt due by the owner to the Government and, until discharged, interest shall be paid thereon at the rate of three per cent per year, with effect from the date of notification.

PART IV

GENERAL

Advances, loans, grants in aid and incentives 13.⎯(1) Subject to and in accordance with any rules made

under this Ordinance, advances may be made from the Consolidated Fund of Sarawak to owners or occupiers to enable them to carry out orders made under section 10, and loans or grants in aid may be made from the Consolidated Fund of Sarawak to Government departments, statutory bodies or local authorities in respect of conservation schemes undertaken by them.

(2) The Board may, subject to such rules as may be made under section 18, provide incentives, by way of awards, grants or other forms of monetary awards, to owners or occupiers who carry out or complete any works, which are the subject of an order made under section 10, if it appears to the Board that they merit such incentives.

[Am. Cap. A12.]

26

Rights of entry

14.⎯(1) Subject to the restrictions imposed by subsection (2), and to the extent necessary for exercising the powers conferred or performing the duties imposed by this Ordinance, the Environmental Authority or any officer or person authorized in writing in that behalf by the Environmental Authority or the Controller shall have the right to enter upon any land or premises at all reasonable times with such men, animals, vehicles, appliances and instruments and to do all such acts thereon as are necessary for or incidental to the exercise of the aforesaid powers or the performance of the aforesaid duties.


(2) The exercise of the rights conferred by subsection (1) shall be subject to the following restrictions:

(a) no person shall enter any dwelling house except with the consent of the occupant; and

(b) as little damage as possible shall be caused to any land or premises by the exercise of such rights, and compensation shall be paid by the Government or the Environmental Authority, as the case may be, for all damage so caused other than damage incidental to or consequent on work done to carry out an order made under section 10; the compensation may, in default of agreement, be claimed and determined in the appropriate court.

[Am. Cap. A12; Sub. Cap. A120.]

(3) If any person prevents such entry on any area as is authorized by this section, or wilfully obstructs or hinders any person so authorized in lawfully carrying out his powers or duties under this Ordinance he shall be guilty of an offence: Penalty, in the case of a first offence, imprisonment for six months and a fine of five thousand ringgit and, in the case of a second or subsequent offence, imprisonment for one year and a fine of ten thousand ringgit.

[Am. Cap. A185/2019]

28

LAWS OF SARAWAK (1958 Edition)

27

Penalty for discharge of storm water 15. Any person who by any act or by neglect, causes damage

to another by diverting storm water from its natural course, or who injures any soil or water conservation work, shall be guilty of an offence: Penalty, in the case of a first offence, imprisonment for six months and a fine of five thousand ringgit and, in the case of a second or subsequent offence, imprisonment for one year and a fine of ten thousand ringgit. A court in addition to any penalty it may impose may order the payment of compensation.

[Am. Cap. A185/2019]

Destocking and limitation of stock

16.⎯(1) Where the Yang di-Pertua Negeri is satisfied that the natural resources of any area are being injured or are deteriorating through overstocking of domestic animals, he may authorize the reduction of the number of such animals and prescribe the maximum number and the class of such animals as may be depastured in any area.

[Am. Ord. No. 9/76.] (2) Destocking and limitation of stock in terms of this section

shall be carried out in accordance with rules made under section 18.

Evidence

17.⎯(1) A certificate purporting to be under the hand of the Environmental Authority certifying the amount of the cost of work done to give effect to an order made under section 10, or a copy of a determination made by the Board in the terms of section 12 purporting to be certified by the Environmental Authority as a true copy, shall until the contrary is proved, be evidence in any court of the amount due as a debt to the Government.

(2) A copy of a determination made by the Board in the terms of section 10 or 11 purporting to be certified by the Environmental Authority as a true copy shall be conclusive evidence in any court that a determination was made by the Board in the terms of the certified copy.

[Am. Cap. A12.]

29


30


Rules *18. The Majlis Mesyuarat Kerajaan Negeri may make rules

generally for the purpose of carrying out the provisions of this Ordinance and, in particular, such rules may provide for⎯

(a) prescribing the manner in which destocking and limitation of stock shall be carried out;

(b) prescribing the time within which appeals may be lodged under section 8;

(c) prescribing the conditions on which loans or grants in aid may be made to the Environmental Authority in respect of conservation schemes undertaken by the Authority;

* See Appeals Rules (Vol. VIII), p. 192). Conservation of Wet Padi Land Rules (Vol. VIII), p. 187).

(d) prescribing the conditions on which an advance may be made to an owner or occupier to enable him to carry out an order made under section 10;

(e) prescribing the apportionment of costs between owners;

(f) prescribing fee for the submission and approval of any reports submitted pursuant to any rules, order or direction issued by the Board under this Ordinance, and for the issuance of permits, the levying of taxes or cess and for the purposes of carrying out any measures which are necessary to protect and conserve natural resources and to protect and enhance the environment;

[Sub. Cap. A185/2019]

(g) regulating and controlling the use of land or water; (h) regulating or controlling the clearing, burning,

removal, disposal or destruction of vegetation and the procedure for applying for permits for the clearance, burning and disposal of vegetation;

31


(i) prohibiting, restricting or controlling the cultivation of land;

(j) regulating the method of cultivation of land; (k) prescribing the manner of watering, depasturing and

moving stock; (l) the preservation and protection of the source, course

and banks of streams; (m) controlling water, including storm water; (n) the construction and maintenance of works for, or the

doing or abstaining from doing of any acts necessary for, the conservation of natural resources;

(o) prohibiting or restricting the entry into, or movement within, a conservation area of persons, vehicles, boats or animals;

(p) the development, implementation and regulation of any environmental management system;

(q) the manner and procedure for undertaking any environmental audit and the preparation and submission of report arising therefrom to the Board and the action and activities to be undertaken resulting from such report;

(r) the protection and preservation of plants or geological or physiographical features of special interest in a conservation area;

(s) regulating and controlling the construction, management and operation of—

(i) landfill for municipal wastes or any site or area used or to be used for the storage, disposal, treatment, recycling or decomposition of municipal wastes;

(ii) any plant or facility used or intended to be used for the storage and treatment of sewage and waste water;

(t) prohibiting or regulating the open burning of refuse, municipal waste or other combustible matter;

(u) prohibiting the discharge, emission or deposit into the environment of any matter, whether liquid, solid, or gaseous, or

32


of radioactivity in any prescribed area as appears to the Board requisite for the protection and enhancement of the environment;

(v) prohibiting or regulating the pollution of inland waters or of the atmosphere or soil as appears to the Board requisite for the protection and enhancement of the environment;

(w) prohibiting or regulating any activity which may have significant environmental impact in the atmosphere or on the soils or in the inland waters of the State;

(x) prohibiting the occupier of any premises from emitting, discharging or depositing pollutants into the atmosphere which by virtue of their nature are obnoxious or offensive;

(y) rehabilitating any land, soil or premises or other environmental element which has been damaged as a result of pollution or activity which adversely affects the environment;

(z) prescribing incentives to persons or body of persons for carrying out measures which are necessary to protect and conserve natural resources for the protection and enhancement of the environment;

(A) prescribing penalties (not exceeding a fine of one hundred thousand ringgit or imprisonment for ten years) for any breach or failure to comply with such rules;

[Am. Cap. A185/2019] (B) prescribing the offences which may be compounded,

the persons who may compound, the limit of the sum of money to be collected for compounding such offences and the procedure and forms to be complied with in compounding;

(C) prescribing rate of compensation that the Board may require any person to pay for damage caused to the environment by the acts, omission, neglect or default of that person; and

33


(D) all matters or things which are necessary or expedient to be prescribed for giving effect to this Ordinance.

[Am. Ord. No.9/76; Am. Cap. A12;Am. Cap. A53; Am. Cap. A86]

PART V

FUND AND FINANCIAL PROVISIONS

[Part V, Ins. Cap. A12.] Fund of the Board

19.⎯(1) For the purpose of enabling the Board to carry out its obligations and functions, there shall be established a Fund to be known as the Natural Resources and Environmental Quality Control Fund (hereinafter referred to as “the Fund”).

(2) The Fund shall consist of⎯ (a) such sums as may be appropriated from time to time by

Dewan Undangan Negeri;

(b) all moneys received from time to time by way of grants from the Federal or State Government;

(c) moneys earned by the operation of any project, scheme or enterprise financed from the Fund;

(d) such sums as may be paid from time to time to the Board from advances or loans made by the Board;

(e) moneys received by way of interests or dividends earned from investments in respect of moneys held in the Fund;

(f) such sums as may be paid as compound, compensation and any other fees received by the Board pursuant to this Ordinance or any rules made hereunder; and

[Am. Cap. A185/2019]

(g) all other sums or property which may in any manner become payable to or vested in the Board in respect of any matter incidental to its functions, powers and duties.

34


Conservation of Fund 20. It shall be the duty of the Board to conserve the Fund by so

performing, exercising and discharging its functions, powers and duties under this Ordinance as to secure that the total revenues of the Board are, subject to any directions given by the Minister, sufficient to meet all sums properly chargeable to its revenue account, including depreciation and interest on capital, taking one year with another.

Expenditure to be charged on Fund 21. Without prejudice to section 39, the Fund shall be

expended for the purposes of⎯

(a) paying any expenditure lawfully incurred by the Board, including legal fees and other fees and costs, and the salaries, remuneration and allowances of members, committees, officers and servants appointed and employed by the Board, including superannuation allowances, provident fund, pensions and gratuities;

(b) paying any other expenses, costs or expenditure properly incurred or accepted by the Board in the performance of its functions or the exercise of its functions and powers under section 5;

(c) granting loans, advances, incentives or other financial assistance approved by the Board;

(d) purchasing or hiring equipment, vehicles, machinery, stores and any other materials, acquiring land and erecting buildings, and carrying out any other works and undertakings in the performance of its functions or the exercise of its powers under section 5;

(e) repaying any moneys borrowed under this Ordinance and the interest due thereon; and

(f) generally, paying any expenses for carrying into effect the provisions of this Ordinance and any rules made hereunder.

35


Expenditure and preparation of estimates

22.⎯(1) The expenditure of the Board up to such amount as may be authorized by the Minister for any one year shall be defrayed out of the Fund.

(2) Before the beginning of September of each year, the Board shall submit to the Minister an estimate of the expenditure for the following year in such form and containing such particulars as the State Financial Secretary may direct and the Minister shall, before the beginning of the following year, notify the Board of the amount authorized for expenditure generally or the amounts authorized for each description of expenditure.

(3) The Board may at any time submit to the Minister a supplementary estimate for any one year and the Minister may allow the whole or any part of the additional expenditure included therein.

Accounts and audit

23.⎯(1) The Board shall keep proper accounts and other records in respect of its operations, and shall cause to be prepared a statement of accounts in respect of each financial year, and shall submit the same to the Auditor-General or other auditor appointed by the Board for audit.

(2) After the end of each financial year, as soon as the accounts of the Board have been audited, the Board shall cause a copy of the statement of accounts to be transmitted to the Minister, together with a copy of any report or observations made by the auditor on that statement or on the accounts of the Board.

(3) The Minister shall cause a copy of every such statement and report or observations to be laid before the Dewan Undangan Negeri.

Borrowing powers 24. The Board may, from time to time, with the approval of the

Minister, borrow, at such rate of interest and for such period and upon such terms as to the time and method of repayment and otherwise as the Minister may approve, any sums required by the Board for meeting any of its obligations or discharging any of its duties.

36


Government loans or grants 25. The Government may, upon the recommendations of the

Minister, make advances to the Board, either by way of grant or by way of loan, or partly by grant or partly by loan, and upon such terms and subject to such conditions as the Government may think fit for the purpose of assisting the Board to perform any function which it is empowered to perform under this Ordinance.

Investment 26. The assets of the Board shall, in so far as they are not

required to be expended by the Board under this Ordinance, be invested in such manner as the Minister may approve.

PART VI

MISCELLANEOUS PROVISIONS

[Part VI, Ins. Cap. A12.]

Annual report 27.⎯(1) The Board shall, as soon as practicable after the end of

each financial year, cause to be made and transmitted to the Minister a report dealing generally with the activities of the Board during the preceding financial year and containing such information relating to the proceedings and policy of the Board as the Minister may from time to time direct.

(2) The Minister shall cause a copy of every such report to be laid before the Dewan Undangan Negeri.

Duties of authorities as respects agriculture and forestry 28. In the exercise of its functions under this Ordinance, it

shall be the duty of the Board and the Environmental Authority to have due regard to the needs of agriculture and forestry.

37


Delegation of powers of the Board or the Controller 29. Where it is represented to the Minister that it is expedient

that any of the powers of the Board or the Controller under this Ordinance should be exercised by a local authority, statutory body or such other authority or officer or person, the Board or the Controller may, with the approval of the Minister, delegate the exercise of that power or the discharge of that duty to that local authority, statutory body, authority, officer or person:

[Am. Cap. A86, Am. Cap. A185/2019]

Provided that nothing in this section shall authorize delegation of any power to make subsidiary legislation.

Specific offences

30.—(1) Any person who⎯

(a) carries out or causes or permits to be carried out open burning of refuse or other combustible materials on any land; or

(b) uses or causes or permits to be used, any land for the deposit of refuse,

without written permission of the Controller shall be guilty of an offence: Penalty, a fine of one hundred thousand ringgit or imprisonment for five years or to both and, in the case of a continuing offence, shall be punished with a further fine of not exceeding one thousand ringgit in respect of every day during which the offence continues.

[Am. Cap. A185/2019] (2) Any person who, without the written permission of the

Controller, cuts, destroys or burns vegetation in any area shall be guilty of an offence and shall, upon conviction, be punished with a fine of not exceeding one hundred thousand ringgit or imprisonment for a term not exceeding five years or to both.

[Am. Cap. A86, Sub. Cap. A185/2019.] (3) [Sub. Cap. A53; Am. Cap. A86, deleted by Cap.

A185/2019.]

38


Miscellaneous offences

30A.—(1) Any person who knowingly does any act or conducts any activity which pollutes or contaminates any inland waters shall be guilty of an offence and shall upon conviction, be punished with a fine of not exceeding one hundred thousand ringgit or imprisonment for a term not exceeding five years or to both and, in the case of a continuing offence, shall be punished with a further fine of not exceeding one thousand ringgit in respect of every day during which the offence continues.

(2) Any person who submits a report pursuant to an order made under section 11A, containing facts, data or information which he knows or has reason to believe is false or calculated to deceive the Board shall be guilty of an offence and shall upon conviction, be punished with a fine of not exceeding one hundred thousand ringgit and imprisonment for a term not exceeding five years.

[Ins. Cap. A53, Sub. Cap. A185/2019.]

Pollution of land, etc. 30B.—(1) No person shall, unless he is carrying out any activity

or function permitted by the Board, pollute or cause or permit to be polluted any soil or surface of any land.

(2) Notwithstanding the generality of subsection (1), a person shall be deemed to pollute any soil or surface of any land if—

(a) he places in, or drops or spills on any soil or in any place where it permeates any soil, any matter whether liquid, solid or gaseous; or

(b) he establishes on any land a refuse dump, garbage tip, soil and rock disposal site, sludge deposit site, waste-injection well or otherwise uses land for the disposal of or as storage for solid or liquid wastes which are obnoxious or offensive to human beings or which interfere with subterranean water or are detrimental to any beneficial use of the soil or the surface of the land.

39


(3) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term of not exceeding five years or to both, and to a further fine not exceeding one thousand ringgit a day for every day during which the offence is continued after a notice by the Controller requiring him to cease the act specified therein has been served upon him.

[Ins. Cap. A86.] Presumption

30C. In any prosecution of an offence under section 30 or 30B, where it is proved that refuse has been deposited or open burning or pollution of the soil has occurred, on any land, the owner or occupier thereof shall, until and unless the contrary is proved, be deemed to have carried out, caused or permitted the deposit of such refuse or open burning or pollution of the soil, as the case may be.

[Ins. Cap. A86.] Defence

30D. In any prosecution under section 30 or 30B, it shall be a defence if the person, owner or occupier of the premises proves—

(a) that the deposit of refuse or open burning or pollution of the soil occurred outside his control or without his knowledge or connivance or consent; or

(b) that he—

(i) took all reasonable precautions; or

(ii) exercised all due diligence,

to prevent the commission of the offence as he ought to have taken and exercised having regard to the nature of his responsibility in that capacity and to all the circumstances.

[Ins. Cap. A120.]

40


Default in compliance with notice or order 31. Where any direction or notice or order requires any act to

be done or work to be executed under this Ordinance or to refrain from the doing of any act or activity within the period specified therein by the Board or the Controller or the Environmental Authority and default is made in complying with the requirement of such notice or order, the authority, body or person in default shall be guilty of an offence and shall, where no penalty is specially provided in this Ordinance for such default, on conviction be liable to a fine of fifty thousand ringgit or to a term of imprisonment not exceeding five years or to both such fine and imprisonment.

[Am. Cap. A53, Am. Cap. A185/2019.]

Power of entry and investigation

32.⎯(1) The Controller or any officer duly authorized by him or any police officer not below the rank of Inspector may without warrant enter upon any land, premises, vessel or any other property for the purpose of ascertaining whether the provisions of this Ordinance or its rules or Orders are being complied with, and may conduct such investigation and inspection as he may deem fit, and may call upon any person to produce such documents, books, accounts, articles or other things and to furnish such information as may be considered necessary for the purpose:

Provided that any person not in uniform purporting to exercise any powers under this section shall on demand produce his written authority to exercise these powers to any person lawfully demanding the same.

(2) The Controller or any officer duly authorized by him or any police officer not below the rank of Inspector in carrying out an investigation under this Ordinance or its rules or orders may examine orally any person who is acquainted or supposed to be acquainted with the facts and circumstances of the case and shall reduce into writing any statement made by the person so examined.

41


(3) The person who is being examined or investigated under subsection (2) shall be bound to answer all questions relating to the case put to him by the Controller, authorized officer or police officer not below the rank of Inspector, as the case may be:

Provided that the person may refuse to answer any question the answer to which would have the tendency to expose him to a criminal charge, penalty or forfeiture.

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

(5) The Controller or any authorized officer or the police officer not below the rank of Inspector, as the case may be, in examining a person under this section shall first inform the person of the provisions of subsections (3) and (4).

(6) A statement made by a person under this section shall, whenever possible, be reduced into writing and signed by the person making it or affixed with his thumb-print, 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 corrections he may wish, and the Controller, authorized officer or police not below the rank of Inspector shall endorse thereon under his hand the fact of the refusal and the reasons for it, if any, as stated by the person examined.

(7) (a) In carrying out any investigation under this Ordinance, the Controller or any officer authorized by him or any police officer not below the rank of Inspector may arrest without warrant—

(i) any person reasonably believed to have committed an offence against this Ordinance or its rules or orders; or

(ii) any person who refuses to give his name and address when it is requested for or if there is reason to doubt the accuracy of the name and the address given.

42


(b) A person arrested under this section shall be taken to a police station and shall be dealt with in accordance with the provisions of the Criminal Procedure Code [Act 593].

[Sub. Cap. A120.] Power of seizure

32A.—(1) Where there is any reason to believe that an offence under this Ordinance has been committed, any tool, equipment, machinery, vehicle or property used in the commission of the offence may be seized by the Controller or any officer authorized by the Controller or any police officer, investigating the offence:

Provided that the Controller or a police officer not below the rank of Superintendent may release anything so seized under this section upon the furnishing of a bond or other security that is adequate to cover the value of the things seized.

(2) Where it is proven to the satisfaction of the court that any thing seized pursuant to subsection (1) is used in the commission of the offence, the court shall order the same to be forfeited and disposed of in such manner as the court may direct.

(3) Where any thing is seized under this section and there is no prosecution within sixty days from date of such seizure thereof, the thing seized shall be deemed to be forfeited at the end of that period unless before the end of that period a written claim on it is made, by the lawful owner thereof or his duly authorized agent, to the Controller or a Superintendent of Police, as the case may be, for the return of the thing seized.

[Ins. Cap. A53.]

43


Offence by bodies of persons 32B. Where an offence under this Ordinance or any rules made

thereunder is committed by a company, a firm or society or any other body of persons, any person who, at the time of the commission of the offence, was a director, manager or other similar officer of the company, or a partner or manager of the firm, or an office-bearer of the society or other body of persons or was purporting to act in such capacity, shall be deemed to be guilty of the offence unless he proves to the satisfaction of the court that the offence was committed without his consent or connivance and that he had exercised, such diligence to prevent the commission of the offence as he ought to have exercised, having regard to the nature of his functions or office and to all the circumstances of the case.

[Ins. Cap. A53.]

Power of Controller to dispose of seized property 32C. The Controller may direct that any thing seized under

this Ordinance be stored or kept in such place as he deems fit, or disposed of subject to such terms and conditions as he may determine and the proceeds of the disposal shall be held to abide by the result of any prosecution or claim under this section.

[Ins. Cap. A185/2019]

Power to prosecute and legal representation 33.⎯(1) The prosecution of any offence against this Ordinance

or any rules made thereunder shall be conducted by the Public Prosecutor or any person duly authorized by him under section 377 of the Criminal Procedure Code [Act 593].

[Sub. Cap. A86.]

(2) In regard to any suit or proceeding of a civil nature by or against the Board, the State Attorney-General or any person duly appointed or authorized by him shall represent, appear and plead on behalf of the Board in any court having jurisdiction over such suit or proceedings.

(3) For the purposes of subsection (2), the word “Board” shall include any member of the Board or the Controller or any person

44


appointed or employed under section 3(9)(b) or any committee established under section 3 (9)(c).

[Sub. Cap. A53.] Public servants

34. All members of the Board or any committees, the Controller and other officers and any person appointed or employed by the Board shall be deemed to be public servants within the meaning of the Penal Code [Act 574], and public officers within the meaning of the Anti-Corruption Act 1997 [Act 575] and the Environmental Quality Act 1974 [Act 127].

[Am. Cap. A53; Am. Cap. A86, Am. Cap. A185/2019.]

Personal immunity of members, officers and employees

35. No member of the Board or any committees, officers or employees of the Board or any other person whomsoever acting under the direction of the Board shall be personally liable for any act or default of the Board done or omitted to be done in good faith and without negligence in the course of the operations of the Board.

Public Authorities Protection Act 1948 36. The Public Authorities Protection Act 1948 [Act 198] shall

apply to any action, suit, prosecution or proceedings against the Board or committees or against any member, officer, employee or agent of the Board in respect of any act, neglect or default done or committed by any of them in such capacity.

Security for protection under other laws 37. Nothing in this Ordinance shall prevent any person from

being prosecuted under any other written law for any act or omission which constitutes an offence under this Ordinance or any rules or regulations made hereunder or being liable under that written law to any other higher punishment or penalty than that prescribed by this Ordinance or the rules and regulations made hereunder:

Provided that no person may be punished twice for the same or similar offence.

45


Protection of informers 38.—(1) Except as hereinafter provided, no witness in any civil or criminal proceeding shall be obliged or permitted to disclose the name or address of an informer or the substance and nature of the information received from the informer or to state any matter which might lead to the identification of the informer. (2) If any book, record, account, document or computerized data which is in evidence or liable to inspection in any civil or criminal proceeding contains any entry in which informer is named or described or which might lead to his identification, the court shall cause all such passages to be concealed from view or to be obliterated so far only as may necessary to protect the informer from being identified. (3) If on the trial for any offence under this Ordinance the court after full enquiry into the case believes that the informer willfully made in his complaint a material statement which he knew or believed to be false or did not believe to be true, or if in any other proceeding the court is of opinion that justice cannot be fully done between the parties thereto without the identification of the informer, it shall be lawful for the court to require the production of the original complainant, if in writing, and permit enquiry, and require full disclosure concerning the informer. Reward, etc.

39. The Controller, with the written approval of the Minister, may award such sums by way of reward or reimbursement as he deems fit to be paid out of the Fund to any persons for services rendered or expenses incurred in connection with the detection, investigation and prosecution of offences or in connection with any seizures made under this Ordinance.

46


LAWS OF SARAWAK Chapter 84

(1958 Edition)


LIST OF AMENDMENTS

Amending law Short Title In force from

Cap. A12 Natural Resources (Amendment) Ordinance, 1993

1.2.1994 (Swk. L.N. 4/1994)

Cap. A53 Natural Resources and Environment (Amendment) Ordinance, 1997

1.3.1998 (Swk. L.N. 4/1998)

Cap.A86 Natural Resources and Environment (Amendment) Ordinance, 2001 1.6.2001


1.1.2006 (Swk. L.N. 18/2006)


1.1.2020 (Swk. L.N. 385/2020)

Enacted in 1949 as Ordinance No. 15of 1949. Revised in 1958 as Chapter. 84 of 1958 Edition. Reprinted in 1972.

DICETAK OLEH PERCETAKAN NASIONAL MALAYSIA BERHAD, KUCHING, SARAWAK BAGI PIHAK DAN DENGAN KUASA PERINTAH KERAJAAN SARAWAK

[List of Amendments]

47


THE NATURAL RESOURCESAND ENVIRONMENT ORDINANCE

(CAP. 84 - LAWS OF SARAWAK, 1958 Ed.)

THE NATURAL RESOURCESAND ENVIRONMENT (PRESCRIBED ACTIVITIES)

ORDER, 1994

[Swk. L.N. 45/1994]

(Made under section 11A (1))

49


THE NATURAL RESOURCES AND ENVIRONMENT ORDINANCE

THE NATURAL RESOURCES AND ENVIRONMENT(PRESCRIBED ACTIVITIES) ORDER, 1994

[Swk. L.N. 45/1994]

(Made under section 11A(1))

In exercise of the powers conferred by section 11A(1) of the Natural Resources and Environment Ordinance [Cap. 84 (1958 Ed.)], the Natural Resources and Environment Board has made the following Order:

Citation and commencement

1. This Order may be cited as the Natural Resources and Environment (Prescribed Activities) Order, 1994*, and shall come into force on the 1st day of September, 1994.

Interpretation

2.—(1) In this Order—

“Board” means the Natural Resources and Environment Board;

“Controller” means the Controller of Environmental Quality appointed by the Board under section 3(9) of the Ordinance;

“Ordinance” means the Natural Resources and Environment Ordinance [Cap. 84 (1958 Ed.)];

“prescribed activities” means any of the activities specified in the First Schedule.[Ins. Swk. L.N. 30/97.]

(2) Any reference in the Schedules to units of measurement of area shall be construed to mean the minimum area prescribed therein for any person to undertake any of the prescribed activities, regardless of whether such activities are carried out in phases or simultaneously within a prescribed period.

Reports on activities having impact on environment and natural resources

3.—(1) Any person who intends to undertake any of the prescribed activities shall submit to the Board a report, which is to be prepared by such expert or authority as may be approved by the Board—

(a) on the impact of such activities on the environment and on the sustainable utilization, preservation and management of the natural resources of Sarawak; and

ORDER

50

LAWS OF SARAWAK Chapter 84 (1958 Edition)

(b) on the measures being preventive, mitigating or abatement to be taken for the protection and enhancement of the environment.

[Am. Swk. L.N. 30/97.]

(2) Before preparing a report for submission to the Board as required under paragraph (l), the person or authority who undertakes to prepare the report shall consult the Controller on the scope and depth of coverage of such report.

[Ins. Swk. L.N. 30/97.]

Report to be submitted to the Board

4.—(1) Such report shall be submitted to the Board, through the Controller, and shall be in the Form prescribed in the Second Schedule hereto, which may be used with such modifications as may be required, depending upon the circumstances of each particular case.

[Am. Swk. L.N. 30/97.]

(2) Every report submitted pursuant to paragraph (l) shall be accompanied by a processing fee of one hundred ringgit, and in the event that such report is not approved by the Board and has to be resubmitted, it shall be accompanied by another processing fee of five hundred ringgit.

[Ins. Swk. L..N. 143/2004.]

Secretary of the Board to issue guidelines

5. The Controller may, with the approval of the Board, from time to time—

(a) issue such guidelines as he may consider necessary concerning the preparation of the report required under article 4; or

(b) amend, vary, alter or make any addition to and deletion as may beappropriate to the guidelines.

[Am. Swk. L.N. 30/97.]

No prescribed activities shall be undertaken without the approval of tbe Board

6. No prescribed activities shall be carried out or commenced until—

(a) a report required to be submitted under article 3 has been considered by the Board, and the Board, subject to such orders or directions as the Board is empowered to make under the Ordinance, has given permission in writing for such activities to be undertaken or commenced; and

(b) the person carrying out such activities has undertaken in writing to comply with all such orders or directions as may be made by the Board, and to allow the Board to carry out such works as the Board may deem necessary under section 11 of the Ordinance.

51


Notice to cease activities

7. In the event that there has been a breach of article 6, the Controller may by notice in writing direct that any of the prescribed activities shall cease forthwith.

[Am. Swk. L.N. 30/97.]

Penalty

8. Any person who carries out or commences any prescribed activity in contravention of article 6 shall be guilty of an offence: Penalty, a fine of ten thousand ringgit or imprisonment for five years or both such fine and imprisonment.

[Ins. Swk. L.N. 30/97.]

52


FIRST SCHEDULE

PRESCRIBED ACTIVITIES

(Articles 2, 3 and 6)

1. AGRICULTURAL DEVELOPMENT:

(i) Development of agricultural estates or plantation of an area exceeding 500 hectares—

(a) from land under secondary or primary forests; or (b) which would involve the resettlement of more than 100 families;

or (c) which would involve modification in the use of the land.

(ii) Conversion of mangrove swamps into agricultural estates having area exceeding 50 hectares.

2. LOGGING:

(i) Extraction or felling of timber from any area exceeding 500 hectares which have previously been logged or in respect of which coupes have previously been declared to have been closed by the Director of Forests under the provisions of the Forests Ordinance [Cap. 126 (1958 Ed.)]

(ii) Extraction or felling of any timber within any area declared to be a water catchment area under section 8 of the Water Ordinance, 1994 [Cap. 13].

[Am. Swk. L.N. 30/97.]

3. DEVELOPMENT OF COMMERCIAL, INDUSTRIAL AND HOUSING ESTATES:

(i) Development of commercial or housing estates of an area exceeding 10 hectares.

(ii) Development of industrial estates with factories to accommodate medium or heavy industries.

(iii) Conversion of mangrove swamps into industrial, commercial or housing estates exceeding 10 hectares in areas.

(iv) Reclamation of land, whether by the sea or along river banks, for housing, commercial or industrial estates.

[Am. Swk. L.N. 61/95; Am. Swk. L.N. 30/97.]

Swk. L.N. 45/94

53


4. ACTIVITIES WHICH MAY POLLUTE INLAND WATER OR AFFECT SOURCES OF WATER SUPPLY:

(i) Development of groundwater with a supply capacity of 4500 cubic metres per day.

(ii) Construction of dams, artificial lakes or reservoirs with a surface area of 50 hectares for impounding of water.

(iii) Irrigation schemes covering an area exceeding 1000 hectares. (iv) Creation of lakes, ponds or reservoirs for the rearing of fish or prawns,

exceeding 50 hectares in area.(v) Mining, pursuant to any Mining Lease, Certificate or License issued

under the Mining Ordinance, [Cap. 83 (1958 Ed.)], covering areas exceeding 50 hectares or where mining involves the use of chemicals (including explosives) of any nature.

(vi) Diversion of watercourses, streams or rivers or the excavation of sand and other rock materials therefrom.

5. FISHERIES AND ACTIVITIES WHICH MAY ENDANGER MARINE OR AQUATIC LIFE, PLANTS IN INLAND WATERS OR EROSION OF RIVER BANKS:

Fish culture and other forms of fishing on a commercial scale which involve the setting up of fishing appliances and equipment in the rivers or watercourses.

6. EXTRACTION AND REMOVAL OF ROCK MATERIALS AND MINING:

(i) Quarrying of aggregates, limestone, silica, quartzite, sandstone, sand, marble and stones which may cause damage or have an adverse impact on fragile ecosystems.

[Sub. Swk. L.N. 61/95.]

(ii) Open cast mining or prospecting for minerals or any form of mining for minerals which is likely to affect the landscape of the mining area so as to require rehabilitation thereof upon the cessation of mining activities.

6A. FACILITIES FOR DISPOSAL AND TREATMENT OF WASTES:

(i) The development of landfill for municipal wastes or any site or area used or to be used for the storage, disposal, treatment, recycling or decomposition of municipal solid wastes.

(ii) The establishment or construction of any plant or facility for the storage and treatment of municipal sewage or waste water.

[Ins. Swk. L.N. 143/2004.]

54


7. ANY OTHER ACTIVITIES WHICH MAY DAMAGE OR HAVE AN ADVERSE IMPACT ON QUALITY OF ENVIRONMENT OR NATURAL RESOURCES OF THE STATE INCLUDING THE FOLLOWING:

(i) Construction of—

(a) parks and recreational facilities or resorts; (b) buildings exceeding 4 storeys high for residential purposes; and(c) buildings for commercial or other purposes, on hill with slopes of 20 degrees or more.

[Sub. Swk. L.N. 61/95; Am. Swk. L.N. 30/97.]

(ii) Establishment of golf courses.(iii) Construction of port facilities (including waterhouses, godowns,

container yards and cargo storage facilities) along any of the rivers gazetted under section 11 of the Sarawak Rivers Ordinance, 1993 [Cap. 4].

(iv) Development of resort facilities in areas within the foreshores of Sarawak.

(v) Creation of parks and recreational facilities having an area exceeding 50 hectares for commercial purposes.

(vi) Any development activity intended to be carried out within a water catchment area declared under section 8 of the Water Ordinance, 1994 [Cap. 13].

[Am. Swk. L.N. 30/97.]

(vii) Construction of roads through settlements, peat swamps, beachfront, mangrove or hillslopes of 20 degrees or more.

(viii) Extraction and removal of earth or clay from an area exceeding 10 hectares and within 3 kilometres of any housing, commercial or industrial area or any area which has been approved for housing, commercial or industrial development.

[Ins. Swk. L.N. 61/95.]

(ix) The establishment of a planted forest under the Forests Ordinance [Cap. 126 (1958 Ed.)].

[Ins. Swk. L.N. 30/97.]

(x) The clearing of vegetation on any land or the breaking up of any land for any purpose of an area exceeding 50 hectares.

[Ins. Swk. L.N. 30/97.]

55


SECOND SCHEDULE

[Sub. Swk. L. N. 30/97]

(Articles 3 and 4)

FORM OF REPORT

(Note : Pursuant to Article 3 of the Natural Resources and Environment (Prescribed Activities) Order, 1994, the Report must be prepared by such expert or authority as may be approved by the Board.)

I. Title Page

— Title of project which outlines the type of project covered by the study.

— Name and address of project proponent.

— Name and address of preparer of the report.

II. Table of Contents

— List of Tables

— List of Figures

— List of Plates

— List of Consultants

— Dates, Sources and Consultation

— Executive Summary

III. Main Report

Chapter 1: Introduction

1.1. Title of Project

1.2. Project Initiator

1.3. Statement of Need

1.4. Objectives of Study

Chapter 2: Project Description

2.1. Project Location

2.2. Project Size

2.3. Project Site Options

2.4. Project Concept

2.5. Project Schedule

2.6. Project Cost-Benefit Analysis

ORDER

56


Chapter 3: Existing Environment

3.1 Physical Characteristic of Project Area

— Geology and Soil Conditions

— Topography and Land-use

— Meteorology

— Hydrology

3.2 Biological System

— Flora and Fauna

— Fishes

— Habitat and Species

3.3. Socio-Economic and Population Characteristics

— Settlement and Population

— Economic Characteristics

— Level of Education

— Living Standard

— Public Health

— People’s Acceptance of Project

Chapter 4: Environmental Impacts

4.1. Impacts During Preparation and Construction

4.2. Impacts During Operations and Maintenance

Chapter 5: Mitigation and Monitoring

5.1. Mitigation Measures

5.2. Environmental Management Plan and Monitoring

5.3. Abandonment

Chapter 6: Residual Impacts and Conclusion

6.1. Identification of Residual Impacts

6.2. Recommendation of Management

6.3. Conclusion

Made this 5th day of July, 1994.

DATUK PATINGGI TAN SRI HAJI ABDUL TAIB MAHMUD,

Chairman, Natural Resources and Environment Board

Swk. L.N. 45/94

57




NATURAL RESOURCESAND ENVIRONMENT (FIRE DANGER RATING

SYSTEM) ORDER, 2004

(Section 18(h))

59


NATURAL RESOURCES & ENVIRONMENT ORDINANCENatural Resources and Environment

(Fire Danger Rating System) Order, 2004(Section 18(h))

In exercise of powers conferred by section 18(h) of the Natural Resources and Environment Ordinance (Cap. 84-Laws of Sarawak 1958 Ed.), Majlis Mesyuarat Kerajaan Negeri has made the following Order:


1. This Order may be cited as the Natural Resources and Environment (Fire Danger Rating System) Order, 2004 and shall come into force on 19th day of July, 2004.

Application of Order

2. This Order shall apply to burning of timber and vegetative residues on land for development or establishment of commercial plantations.

Pre-established criteria for Burning

3. Burning of timber and vegetative residues in areas to which this Order applies may be undertaken if the criteria and requirements stipulated in the Schedule to this Order are complied with.

Amendment of Schedule

4. The Minister may from time to time, after consultation with the Natural Resources and Environment Board, amend the Schedule.

60


SCHEDULE

PART I

Pre-Established Criteria for Open Burning Approvals forPlantation at Mineral Soil Areas

Providing the following criteria are diligently and accurately met, open burning may take place without obtaining a written burning permit for the expressed purposes of:

• Clearing, sanitizing and preparing sites for reforestation (panting), oil palm and other plantations;

• Reducing hazardous fuel accumulations to prevent uncontrolled and haze producing wildfires during periods of extended drought;

Providing that:

1. An approved weather station is established and maintained within the area in which open burning is to take place; and,

2. The readings from such station(s) are taken each day as close as possible to 12:00 noon; and,

3. That such readings consist of the following:

a) Relative humidity b) Noon temperature c) Wind speed d) 24 hr Rainfall

4. Such readings are transmitted each day to the Natural Resources and Environment Board; and,

61


5. The Forest Fire Danger Rating is at MODERATE or low level; the drought code as determined by the Forest Fire Danger Rating System is not higher than 75 and the Air Pollution Index (API) does not exceed 100.

6. The forest fire equipment and crew as specified in Table A are immediately available at the burn site prior to light-up and that such equipment and crew are stationed at the site until mop-up is completed.

7. No toxic fire starting materials, such as tyres, plastic or other hazardous combustible starting materials are used, except that prescribed fire forestry drip torches with clean diesel fuel or fuses.

8. A standard fire guard must be established around the area to be burned and such guard must be constructed to mineral soil, free of roots and debris and must not be less than 18 inches in width and in any case must not exceed one bulldozer blade width and all debris created must be cast to the “cold” side of the fire guard.

9. Light-up should take place as early as possible during the day and mop-up must commence as soon as open flame subsides and must continue until no smoke is visible (except for an overnight break if all visible smokes are not eliminated before dark).

10. A burning plan contained in Table B is completed prior to the burning and is complied with during the burning period, including during the mop-up phase.

11. Mop-up operations must commence as soon as it is safe to do so and such operations must continue until no further smoke is showing.

62


12. All smoke must be eliminated from the burn area within 24 daylight hours after the burn has been completed and mop-up commenced (24 hour rule).

13. Separate burns of up to 50 ha. may be ignited providing each burn is considered to be, and is dealt with as a separate and distinct burn, each with its own burn plan, crew and equipment.

14. At no time, burning should exceed more than 30 percent of an total area prepared or planned for burning.

15. Prior to light up, the Open Burning and Monitoring Unit of the NREB must be notified in writing or by fax or email of the intention to burn.

For peat soils all the foregoing conditions apply except that the following additional conditions shall also apply and a written permit must be obtained from the NREB prior to burning;

1. Test holes must be established at several locations (not less than 3 per hectares) on the burn site prior to light-up and;

2. Standing water is noted to collect at a depth of not more than ½ meter from the soil surface and;

3. At least seven “duff”* probes of not less than two meters each must be added to the standard equipment list as outlined in Appendix A.

Any fire pursuant to these criteria would have to be immediately extinguished if so ordered by any officer of the Natural Resources and Environment Board, Fire and Rescue Department or Forest Department, if or should conditions under such criteria become adverse or altered adversely or the fire is in danger or spreading uncontrollably or dangerously.

63


Note 1.When mobile (wheeled) tankers are available, they should not be used as a stationary source of water in lieu of collapsible relay tanks. Instead they should be used as tenders to keep the relay tanks replenished until such time as the fire has been completely mop up.

Note 2.In the event that a suitable water source (such as a pond or stream) is within operational distance of the burn site, the requirement for a water relay tank may be dispensed with.

Note 3.The foregoing list of equipment presumes that all the necessary and ancillary hardwares such as valves, back-checks, nozzles and other hardware will be part of the normal equipment.

* a duff probe is a cylindrical pipe with a hose fitting at one end and the other end pointed and closed; the pipe portion of the probe has several holes to allow water to escape into the surrounding biomass when the probe is driven into the ground.

64


PART II

Forest Fire Equipment and Crew Size Requirements for OpenBurning for the Establishment of Plantations

A. When the burn size is four hectares or less the following minimum crew and equipment must be maintained at the site until mop-up is completed;

• Burn crew must not be less than four (4) persons.• Collapsible or portable water storage of not less than

1000 liters.• One light weight fire pump capable of producing not

less than 75 psi and a flow of 150 litres per minute.• Not less than 300 meters of 25mm or 38 mm discharge

hose with instantaneous couplings.• Not less than two (2) back pumps of a minimum size

of 16 litres. • A minimum of two (2) shovels. • A minimum of two (2) pulaskis. • For peat sites only – three (3) ground probes with 38

mm instantaneous couplings.

B. When the burn size is greater than four hectares but less than 10 hectares the following minimum crew and equipment must be maintained at the site until mop-up is completed;

• Burn crew must not be less than 6 persons.• Collapsible or portable water storage of not less than

2000 litres in one or more tanks. • One light or medium weight fire pump capable of

producing a minimum of 75 psi and up to 240 litres per minute flow.

• Not less than 450 meters of 25mm or 38mm discharge hose with instantaneous couplings.

• Not less than four (4) back pumps of a minimum size of 16 litres.

• A minimum of four (4) shovels. • A minimum of three (3) pulaskis. • For peat sites only – a minimum of four (4) ground

probes with 38 mm instantaneous couplings.

65


C. When the burn size is greater than 10 hectares but less than 20 hectares the following minimum crew and equipment must be maintained at the site until mop-up is completed;

• Burn crew must be not less than 10 persons.• Collapsible or portable water storage of not less than

3000 litres in one or more tanks. • One medium weight fire pump capable of producing

a minimum of 75psi and not less than 240 litres per minute flow.

• Not less than 750 meters of 38mm discharge hose with instantaneous couplings.

• Not less than five (5) back pumps with a minimum size of 16 litres.

• A minimum of five (5) shovels. • A minimum of four (4) pulaskis. • For peat sites only – a minimum of six (6) ground


D. When the burn size is greater than 20 hectares but less than 50 hectares the following minimum crew and equipment must be maintained at the site until mop-up is completed;

• Burn crew must not be less than 15 persons. • Collapsible or portable water storage of not less than

5000 litres in one or more tanks. • One medium weight fire pump capable of producing

a minimum of 75psi and not less than 240 litres per minute flow and one high performance fire pump capable of producing a minimum of 350psi and not less than 360 litres per minute flow.


• Not less than seven (7) back pumps with a minimum size of 16 litres.

• A minimum of seven (7) shovels. • A minimum of six (6) pulaskis. • For peat sites only – a minimum of eight (8) ground


66


E. When the burn size is greater than 50 hectares but less than 100 hectares the following minimum crew and equipment must be maintained at the site until mop-up is completed;

Note: All burns of greater than 50 ha. (regardless of soil type) require written permits from the NREB prior to the burns.

• Burn crew must be not less than 20 persons. • Collapsible or portable water storage of not less than

7500 litres in one or more tanks. • Two high performance pumps capable of producing

a minimum of 350psi and not less than 360 litres per minute flow.


• Not less than nine (9) back tanks with a minimum size of 19 litres

• A minimum of nine (9) shovels. • A minimum of eight (8) pulaskis. • For peat sites only – a minimum of ten (10) ground

probes with 38mm instantaneous couplings.

Note 1: When wheeled tanks are used they should be used as tenders to fill portable or collapsible tanks placed at the burn site. Using wheeled or mobile tanks as a fixed water source at the fire site should be avoided as this will lead to leaving the site without water when the tender (mobile tank) goes dry – the tender should dump into the portable holding tank and then immediately return for additional loads until the fire is mopped-up and there is no further need for water.

Note 2: If a suitable water source, from which pumps may be operated, is within operational distance of the burn (and noted on the burning plan) the requirement for water storage at site may be dispensed with.

(ABDUL GHAFUR BIN SHARIFF)Clerk,

Majlis Mesyuarat Kerajaan Negeri

67




THE NATURAL RESOURCESAND ENVIRONMENT (PROHIBITION OF

CLEARING AND BURNING OF VEGETATION AND COMBUSTIBLE MATERIALS) (AMENDMENT)

ORDER, 2021

(Made under section 10)

69


THESARAWAK GOVERNMENT GAZETTE

PART IIPublished by Authority

Vol. LXXVI 7th January, 2021 No. 2

[Swk. L.N. 3]


THE NATURAL RESOURCES AND ENVIRONMENT (PROHIBITION OF CLEARING AND BURNING OF VEGETATION AND

COMBUSTIBLE MATERIALS) (AMENDMENT) ORDER, 2021

(Made under section 10)

In exercise of the powers conferred by section 10 of the Natural Resources and Environment Ordinance [Cap. 84. (1958 Ed.)], the Natural Resources and Environment Board has made the following Order:


1. This Order may be cited as the Natural Resources and Environment (Prohibition of Clearing and Burning of Vegetation and Combustible Materials) (Amendment) Order, 2021, and shall be deemed to have come into force on the 1st day of January, 2020.

Interpretation

2. In this Order— “Controller” means the Controller of Environmental Quality appointed

by the NaturalResources and Environment Board under section 3(9) of the Ordinance;

70


“Open burning” has the same meaning assigned to it under Section 2 of the Ordinance;

“refuse” includes garbage, tins, bottles, ashes, sweepings from dwelling houses, offices, shops and all other forms of non-liquid domestic refuse, refuse from gardens or animal yards or farmhouse, and solid waste products from workshops, godowns and factories;

“slash and burn farming” means any crop farming with a method that involves the slashing and burning of plants to clear land which is 100 acres and below;

“vegetation” means all species of plants and trees, moss, algae, fungi and any other vegetable products of the soil or water.

Prohibition of clearing and burning of vegetation

3. No person shall, without written permission of the Controller for Environmental Quality, clear and burn any vegetation.

“Permission to carry out slash and burn farming

3A. Notwithstanding of Order 3, permission is granted to those persons who carry out slash and burn farming until a declaration to ban open burning by the Controller is made.”

Prohibitions of open burning

4. No owner or occupier of land shall carry out open burning of refuse or other combustible materials.

Dated this 27th day of November, 2020.

By Order of the Board,DATU SR. ZAIDI BIN HAJI MAHDI

Member of the Board

JUSTINE JOK JAU EMANGSecretary of the Board

71




THE NATURAL RESOURCESAND ENVIRONMENT (COMPOUNDING

OF OFFENCES) RULES, 1997

(Made under section 18(B))

(Incorporating all amendments up to 21st June 2001)

73




Vol. L11 23rd January, 1997 No. 2

Swk. L.N. 3

THE NATURAL RESOURCES AND ENVIRONMENTORDINANCE

THE NATURAL RESOURCES AND ENVIRONMENT(COMPOUNDING OF OFFENCES) RULES, 1997

(Made under section 18(B))

In exercise of the powers conferred by section 11A(1) of the Natural Resources and Environment Ordinance, the Majlis Mesyuarat Kerajaan Negeri has made the following Rules:

1. These Rules may be cited as the Natural Resources and Environment (Compounding of Offences) Rules, 1997, and shall come into force on the 1st day of February, 1997.

2. In these Rules —

“Board” means the Natural Resources and Environment Board constituted under section 3 of the Ordinance;.

“Controller of Environmental Quality” means the Controller of Environmental Quality, appointed by the Board under section 3(9) of the Ordinance.

“Ordinance” means the Natural Resources and Environment Ordinance.

Cap. 84(1958 Ed.).

Citation and Commencement

Interpretation.

Cap. 84(1958 Ed.)

74


3. The following offences are hereby prescribed as offences which may he compounded by the Secretary of the Board or the Controller of Environmental Quality or any officer specially authorized in writing in that behalf by the Board, namely:

(a) offences under sections 7(4), 10(3), 14(3), 15, 30,30A, 30B and 31 of the Ordinance; and

(b) offences under any rules made pursuant to section18 of the Ordinance.

4.—(1) Where the Secretary of the Board or the Controllerof Environmental Quality or any duly authorized officer of the Board decides to compound an offence, he shall send or cause to be sent to or personally serve or cause to be personally served on the person reasonably suspected of having committed the offence and offer to compound as in Form a in the Schedule, which may be modified as necessary.

(2) The offer shall state the sum for which the offence will be compounded and the date by which the sum must be paid.

5.—(1) The sum of money to be collected for compounding an offence shall not be more than thirty percentum of the maximum fine prescribed for the offence.

(2) All monies for payment of the compound shall be made in cash, or by money order, postal order, cashier’s order, banker’s order or bank draft made payable to the Natural Resources and Environment Board and crossed “Account Payee Only”.

(3) Payment may be delivered personally to the officer making the offer to compound, but, if sent by post, must be addressed to the Controller of Environmental Quality, 18 & 19th Floor, Menara Pelita, Petra Jaya, 93050 Kuching, Sarawak, or at such other place as may be specifies by the Board.

(4) Every payment received shall be accounted for as money belonging to the Board and an official receipt shall be issued for the payment as in Form B in the Schedule.

(5) Notwithstanding rule 4(2), the officer making the offer to compound may accept in composition any sum of the correct amount paid later than the time allowed in the offer to compound.

CompoundableOffences

Offer tocompound

Sum to be collected and made of payment

75


SCHEDULE

FORM A


(Rule 4 (1))

Ref. No : …….........…………………...Date : …..............……………………

To : ……………………………. ……………………………. ……………………………. …………………………….

Sir/Madam,

OFFER TO COMPOUND OFFENCE

It appears to me, on information/complaint received and upon investigation, that you have committed the following offence :

Relevant Provision of the Law ……………………………………....…………..............................…………

Date of Offence …………….............................…. Time : ……...…..................

Place of Offence …………....................................................................………………………...

Particulars of Offence …….....................................................……..………………………………......

2. You are hereby informed that by virtue of the powers vested in me by rule 4(1) of the Natural Resources and Environment (Compounding of Offences) Rules, 1997, I am prepared, and hereby offer, to compound the offence for the total sum of Ringgit .............................................................................................. . If this offer is accepted, payment shall be made in cash, or by money order, postal order or bank draft made payable to the Controller of Environmental Quality and crossed “Account Payee Only” and delivered to the above-quoted office. An official receipt will be issued upon payment.

3. This offer to compound the offence will lapse on (date) ........................................ . If the sum stated above is received by the close of business on the date, no further proceedings will be taken against you in respect of the offence. Otherwise, prosecution may be instituted against you without further notice.

*Signature : …………………………………………………………………...................…

Name : ……………………………………………………..................……………….

Designation : …………………………………………………………………..................….

(* To be signed by the Officer authorized to compound, whose name and designation must appear below the signature.)

76


FORM FOR PAYMENT

Date:……………………………

To : The Controller of Environmental Quality Natural Resources and Environment Board 18 & 19 Floor, Menara Pelita Petra Jaya, 93050 Kuching Sarawak

Sir/Madam,

I refer to the offer to compound of offence Reference No. ……………………….. dated ………………………. I accept the offer and enclose herewith *cash/money order/postalorder/bank draft No. …………………………………………………………………. for the total sum of RM …………………………….. (Ringgit ………………………..) in full settlement of the compound.

Signature: ……………………………………...

.

Name (BLOCK LETTERS): ………………………...……………

Identity Card No.: ……………………...………………

Address: …………………….………………..

* Delete wherever inapplicable.

77


FORM B


(Rule 4 (4))

RECEIPT

Receipt No.: ............…………………...Date : ...........……………………

Received from………………………………………………………………………………........

of ……………………………………………………………………………………………... the

sum of RM …………………………..…(Ringgit: ………………………………………) only in

acceptance and payment of an offer of composition in respect of the offence referred to in Reference

No. ………..………. dated ……………………………………... :

Signature : ……………………………………………………………………

Name : …………………………………………………………………….

Designation : …………………………………………………………………….

(N.B: Should you receive any further correspondence or notice of summons in respect of the offence

referred to above, you should reply immediately quoting this receipt number.)

Made this 24th day of October, 1996

KIT SU LENClerk to Majlis Mesyuarat Kerajaan Negeri

79




THE NATURAL RESOURCESAND ENVIRONMENT (FEES) RULES, 2008

(Made under Section 18(f))

81


Swk. L. N. 109

THE NATURAL RESOURCES AND ENVIRONMENT ORDINANCETHE NATURAL RESOURCES AND ENVIRONMENT (FEES) RULES, 2008

(Made under section 18(f))

In exercise of the powers conferred by section 18(f) of the Natural Resources and Environment Ordinance [Cap. 84 (1958 Ed.)], the Majlis Mesyuarat Kerajaan Negeri has made the following Rules:


1. These Rules may be cited as the Natural Resources and Environment (Fees) Rules, 2008, and shall come into force on such date as the Minister may, by notification in the Gazette, appoint.

Interpretation

2. In this Rules—“Board” means the Natural Resources and Environment Board;“Controller” means the Controller of the Environment Quality, appointed

by the Board under section (9) of the Ordinance;“Minister” means the State Minister for the time being is responsible for

environmental protection;“Order” means the Natural Resources and Environment (Prescribed

Activities) Order, 1994 [Swk. L.N. 45/94];“Ordinance” means the Natural Resources and Environment Ordinance

[Cap. 84 (1958 Ed.)].

Fees

3.–(1) Fees shall be paid to the Board in respect of the matters stipulated in the Schedule. (2) The Board may add or delete any items and fees in the Schedule as the Board deems it.

Mode of payment

4.–(1) All payment of fees shall be made–(a) in cash; or(b) by cheque, money order, cashier’s order, postal order, banker’s

order, or banker’s draft and shall be payable to the Natural Resources and Environment Board and crossed with the words “Account Payee Only”:

82


Provided that any payment made by cheque and any receipt issued in respect thereof shall not take effect until the cheque has been cashed and the amount specified therein has been credited into the account of the Board; or

(c) by any other mode of payment as may be approved by this Board.(2) An official receipt shall be issued by the Controller or any other

officer authorized in writing by him for every payment received.

Liability for payment

5. All fees shall be paid by the person submitting any report or application to the Board and must be paid upon submission of any report or filing of any application.

SCHEDULE

(Rule 3)

Items Fees

1. Prescription for Mitigation Measures RM 100 per project

2. Terms of Reference for Environmental Management Plan (EMP)

RM 200 per project

3. Terms of Reference for Environmental Impact Assessment (EIA)

RM 500 per project

4. Submission of Environmental Management Plan (EMP) RM 1,000 per project

5. Submission of Environmental Impact Assessment Report (EIA Report)

RM 2,000 per project

6. Resubmission of Environmental Management Plan (EMP)


7. Resubmission of Environmental Impact Assessment Report (EIA Report)


8. Issue of Permits for: (a) Collected Burning for Non-Prescribed Activities (b) Controlled Burning for Prescribed Activities

RM 50 per permitRM 300 per permit

Made by the Majlis Mesyuarat Kerajaan Negeri this 9th day of October, 2008.

HAJJAH MASBAH HAJI ARIFFIN,Clerk to Majlis Mesyuarat Kerajaan Negeri

(7)NREB/J/3-2/3-213(Vol IV)

83




THE NATURAL RESOURCESAND ENVIRONMENT (AUDIT) RULES, 2008

(Made under section 18(q))

85




Vol. LXIII 31st December, 2008 No. 39

Swk. L.N. 108


THE NATURAL RESOURCES AND ENVIRONMENT(AUDIT) RULES, 2008

(Made under section 18(q))

In exercise of the powers conferred by section 18(q) of the Natural Resources and Environment Ordinance [Cap. 84 (1958 Ed.)], the Majlis Mesyuarat Kerajaan Negeri has made the following Rules:


1. These Rules may be cited as the Natural Resources and Environment (Audit) Rules, 2008, and shall come into force on such date as the Minister may, by notification in the Gazette, appoint.

Interpretation

2. In these Rules—“audit report” means a report prepared by an environmental auditor

for submission to the Controller under rule 13;

86


“Board” means the Natural Resources and Environment Board established under section 3 of the Ordinance;

“Controller” means the person appointed pursuant to section 3(9) of the Ordinance, and includes a Deputy Controller;

“environmental audit” means a periodic, systematic, documented and objective evaluation to determine—

(a) the compliance status of any order, directive, conditions of approval or any requirement issued or made by the Board;

(b) the environmental management system and its compliance; and

(c) any risk, that may be caused to the environment in regard to the use, exploitation or development of any of the natural resources of the State;

“environmental expert” means a person with the requisite knowledge and experience in the field of environmental management for a period of ten years and above;

“environmental management system” means a system or process comprising of an organizational structure with its responsibilities, procedures, practices and control for the overall management and protection of the environment;

“environmental risk” means any risk, hazard or chances of bad consequences that may be brought upon the environment;

“environmental risk assessment” means the examination of risks that may be caused to the environment or that threaten ecosystems, animals and people in regard to the use, exploitation or development of any of the natural resources of the State which includes human health risk assessments, ecological or ecotoxicological risk assessments;

“occupier” means any person in actual occupation of land and, in case of land reserved or allocated for the use of a native community, includes the headman of the particular native community for the village or longhouse;

“Ordinance” means the Natural Resources and Environment Ordinance [Cap. 84 (1958 Ed.)];.

“owner” means the person in whose name the title to any land is registered, and includes any person, other than the Government, who receives or is entitled to receive the rent or profits of any land whether on his own account or on behalf of himself and others or as agent;

87


“Panel” means a Panel appointed under rule 4;

“prescribed activities” means any of the activities specified in the First Schedule of the Natural Resources and Environment (Prescribed Activities) Order, 1994; [Swk. L.N. 45/94];

“Register” means a Register of appointed environmental auditors maintained by the Controller under rule 9.

Requirement of environmental audit

3. Subject to these Rules, an environmental audit may be carried out in respect of the following:

(a) where prescribed activities as numerated in the First Schedule to the Natural Resources and Environment (Prescribed Activities) Order, 1994 [Swk. L.N. 45/94], are carried out;

(b) where there are reasonable grounds to suspect non-compliance with the approval or permit conditions, directives or orders issued by the Controller;

(c) for the purpose of determining the effectiveness of the environmental management systems; and

(d) for the purpose of assessing environmental risks caused by development activities or by the exploitation or utilization of the natural resources.

Establishment of Panel

4.–(1) The Board shall appoint a Panel to assess application for appointment as an environmental auditor against the requirements as set out in rule 6 and in accordance with the assessment process or method as may be specified by the Controller.

(2) The Panel shall be chaired by an environmental expert and shall consist of three other members to be appointed from among officers of the Board who have relevant qualifications and work experience.

Application for appointment as environmental auditor

5.–(1) An application to be appointed as an environmental auditor must be forwarded to the Controller in such form as may be prescribed by the Controller.

(2) Only qualified applicants will be called to undergo the assessment process referred to under rule 4(1).

(3) The Panel shall make a recommendation to the Controller regarding the appointment of each successful applicant.

88


Appointment of environmental auditor

6.–(1) The Controller may, after considering the recommendation of the Panel—

(a) appoint any person to be an environmental auditor, and issue him a letter of appointment for an initial period not exceeding two years; and

(b) pay, subject to such terms and conditions, a fee of two thousand ringgit (RM2,000.00) per annum or any other amount to be approved by the Board from time to time.

(2) The requirements for appointment as an environmental auditor are—(a) a tertiary qualification in a relevant discipline awarded by a

recognized tertiary institution;(b) a good understanding of relevant provisions of the Ordinance

and its subsidiary legislation, associated statutory policies, regulations and guidelines;

(c) experience in forming and managing multi-disciplinary teams, which contain the appropriate balance of expertise for complex assessments;

(d) a thorough understanding of the principles of and methods for conducting environmental audits; and

(e) experience and expertise of at least five years relating to environmental assessment in a public or private sector.(3) An application for renewal of appointment of environmental auditor

may be made in such form as may be prescribed by the Controller, subject to such conditions as may be imposed. The fee for renewal of appointment shall be RM2,000.00 per annum.

Suspension or revocation of appointment of an environmental auditor

7. The appointment of an environmental auditor under these Rules may be suspended or revoked by the Controller if—

(a) he has breached any of the terms and conditions stipulated in the letter of appointment;

(b) he has breached any of the duties and responsibilities as an environmental auditor as may be prescribed by the Board;

(c) he has committed any offence relating to fraud, corruption or dishonesty;

(d) he has been adjudged a bankrupt; or(e) upon completion of a review under rule 10, the Controller is

satisfied that the appointment of the environmental auditor should not be continued.

89


Order to carry out an environmental audit

8.–(1) The Controller may order or direct any person to carry out an environmental audit on any activity specified under rule 3.

(2) The Controller may by notice require an occupier or owner or developer of any land to carry out an environmental audit in total or for specific portions of the scope of an environmental audit, or for specific stages of any prescribed activity, and to submit a report thereof to the Controller at such times and in such manner as may be directed by him. The environmental audit shall be carried out by any environmental auditor registered with the Board under these Rules.

(3) Where any person fails to comply with the terms of any order or notice issued by the Controller under paragraph (1) or (2), the Controller may, after notifying the person concerned of such non-compliance, initiate and carry out an environmental audit either by himself or by any environmental auditor authorized by him. The environmental audit shall be completed within such period as may be specified by the Controller, and all costs thereby incurred shall be borne by the person concerned who had failed to comply with the order or notice.

Register of environmental auditors

9.–(1) The Controller shall keep and maintain a current register of appointed environmental auditors under these Rules.

(2) The Register is open to inspection by any person upon payment of a fee of five ringgit.

Code of conduct and responsibilities of environmental auditors

10. The Controller may prescribe the responsibilities and code of conduct of environmental auditors for purposes of these Rules.

Audit to be carried out by environmental auditor

11.–(1) An environmental audit shall be carried out by an environmental auditor appointed by the Controller from among the list of environmental auditors registered under these Rules.

(2) The Controller shall determine with the environmental auditor on the scope, coverage and depth of the intended environmental audit to be carried out.

Audit to be carried out by appointed auditor

12.–(1) The environmental audit shall be carried out by auditor appointed by the Controller pursuant to rule 6.

(2) The Controller shall undertake to scope with the environmental auditor to determine the coverage and depth of the intended audit.

90


Submission of environmental audit report

13.–(1) The environmental auditor shall prepare and submit to the Controller the environmental audit report for assessment by the Controller, with a copy to the auditor.

(2) The environmental audit report shall be in the format as may be prescribed by the Controller.

Confidentiality of environmental audit report

14. The environmental audit report and associated notations shall not be made known to any other party without the written approval of the Controller.

Audit recommendations

15. For the purpose of effective and expeditious corrective actions–(a) the environmental auditor shall submit audit recommendations

in the format prescribed in the Schedule, to include proposed corrective or preventive or mitigative measures that shall be undertaken to eliminate, reduce, control or mitigate adverse impacts on the environment;

(b) the Controller shall direct the owner or occupier or developer to plan and implement any or all of the recommendations contained in the environmental audit report; and

(c) the Controller may thereafter issue directives as may be considered necessary to any person incidental to these Rules.

Audit fees

16. The owner or occupier or developer shall—(a) bear all fees and costs for or incidental to the conduct of the

environmental audit and submission of the environmental audit report; and(b) deposit with the Controller the amount equivalent to the

estimated cost of the audit.

Penalty

17.–(1) The owner or occupier or developer who fails to implement the audit recommendations within a time frame stipulated by the Controller shall be guilty of an offence: Penalty, a fine not exceeding fifty thousand ringgit and imprisonment not exceeding five years, and, in the case of a continuing offence, a further fine of one thousand ringgit for each day during which the offence continues.

91


(2) Any environmental auditor who submits the environmental audit report pursuant to rule 11 and/or rule 12 containing facts, data or information which he knows or has reason to believe is false or calculated to deceive the Controller, or any other person who provides facts, data or information for the audit which he knows or has reason to believe is false or calculated to deceive the Controller, shall be guilty of an offence: Penalty, a fine not exceeding fifty thousand ringgit and imprisonment not exceeding five years.

SCHEDULE

(Rules 15)

CORRECTIVE AND PREVENTIVE ACTION REPORT

PART A: AUDIT FINDING

[Note: To be submitted to the NREB within 30 days of audit report submission to the NREB.]

Audit Report Ref. No.: _______________Audit Finding Ref. No.: ________________Brief Audit Finding:

PART B: PROPOSED CORRECTIVE AND PREVENTIVE ACTION (Add more lines as necessary)

Proposed completion date: Prepared by:Actual completion date: Reported by:

[For NREB Use Only]

PART C: NREB VERIFICATION AND COMMENT

Completion: satisfactory/not satisfactory* (* Delete whichever is not applicable.)

Verification comment:____________________ _____________________________Verification date: Controller of Environmental Quality

Made by the Majlis Mesyuarat Kerajaan Negeri this 9th day of October, 2008.

HAJJAH MASBAH HAJI ARIFFIN,Clerk to Majlis Mesyuarat Kerajaan

Negeri(7)NREB/S/3-213(Vol IV)

93




NATURAL RESOURCESAND ENVIRONMENT (COLLECTION AND DISPOSAL

OF USED TYRES) RULES, 2012

(Made under section 18(u) and (v))

95




Vol. LXVII 21st June, 2012 No. 23

Swk. L.N. 76

THE NATURAL RESOURCES AND ENVIRONMENT ORDINANCE, 1993

NATURAL RESOURCES AND ENVIRONMENT(COLLECTION AND DISPOSAL OF USED TYRES) RULES, 2012

(Made under section 18(u) and (v))

In exercise of the powers conferred by section 18(u) and (v) of the Natural Resources and Environment Ordinance [Cap. 84 (1958 Ed.)], the Majlis Mesyuarat Kerajaan Negeri has made the following Rules:

Citation, application and commencement1.–(1) These Rules may be cited as the Natural Resources and

Environment (Collection and Disposal of Used Tyres) Rules, 2012.(2) These Rules shall come into force on such date as may be appointed

by the Minister by a Notification published in the Gazette, and the Minister may appoint different dates for the coming into force of these Rules in different local authority areas in the State.

96


Interpretation2. In these Rules—

“approved site” means any site, plant or premises approved by the Controller to which used tyres may be delivered, deposited, treated, disposed of, recycled or converted to other products;

“Board” means the Natural Resources and Environment Board;

“Controller” means the Controller of Environmental Quality appointed under Section 3(9) of the Ordinance;

“licensed collector” means any person licensed under rule 4 to collect, receive or remove used tyres from any tyre trader or owner of a vehicle to an approved site;

“local authority” has the same meaning assigned to it in the Local Authorities Ordinance, 1996 [Cap. 20];

“Minister” means the Minister in the State Government having responsibility for environment;

“Ordinance” means the Natural Resources and Environment Ordinance [Cap. 84 (1958 Ed.)];

“owner”, in relation to a vehicle, includes its registered owner, lessee and any other person or body of persons having control or possession thereof;

“permitted quantity” means the maximum pieces of used tyres as specified by the Minister by a Notification in the Gazette which a tyre trader registered under these Rules is permitted to have at any one time in each of his business premises or in each of his building, site, land or location;

“person” includes an individual, a firm, a company or any other body of persons whether corporate or unincorporate;

“retreading” means providing tyres with new rubber surfaces in order to be fit for reuse, and to ensure such tyres meet the requirements as specified in the Malaysian Standard MS 224:2005 (Retreaded Pneumatic Rubber Tyres for Passenger Cars & Commercial Vehicles) or such other standards as may be issued or published by the Department of Standards Malaysia from time to time;

“tyre retreader” means any person who carries on the business of retreading of tyres;

“tyre trader” means any person (other than a tyre retreader) who, in the course of his trade or business, sells or offers for sale tyres or mends or repairs or replace tyres of vehicles and includes a person who sells vehicles which have been fitted with or have rubber tyres;

97


“used tyres” means tyres which are no longer serviceable or can no longer be used in any vehicle or are removed from any vehicle and not meant for retreading or to be repaired for use in any vehicle; and

“vehicle” means any car, lorry, truck, tractor, plane, moveable plant or equipment and includes a motorcycle, bicycle, tricycle or rickshaw.

Prohibition to deposit, dispose of, etc. used tyres

3.–(1) Subject to paragraph (3), no owner of a vehicle or tyre trader or person having control or possession of any used tyres, shall—

(a) deposit, throw away, discard or dispose of any used tyres from his premises except at an approved site;

(b) deliver or hand over or remove from his premises, possession or custody any used tyre to any person who is not a licensed collector or holder of a permit; or

(c) permit any person other than a licensed collector or holder of a permit, to take away or remove from his premises, possession or control any used tyre.(2) Any person who contravenes any of the provisions of paragraph (1)

shall be guilty of an offence: Penalty, a fine not exceeding thirty thousand ringgit or a term of imprisonment not exceeding one year or to both fine and imprisonment.

(3) Paragraph (1) shall not apply to any person–(a) who is authorized in writing by the Licensed Collector to collect or

remove used tyres on its behalf from a tyre trader, tyre retreader or owner of a vehicle; or

(b) who is issued with a permit by the Controller to take away or remove used tyres for specific purposes under rule 8; or

(c) who is a tyre retreader and is registered with the Controller under rule 9.

Licensed collector

4.–(1) No person shall collect or remove any used tyre from any tyre trader or owner of a vehicle or any other person having control or possession of any used tyre, unless—

(a) he is licensed to collect or remove used tyres by the Controller; or(b) he is authorised in writing by the Licensed Collector to collect or

remove used tyres on its behalf;(2) The Licensed Collector shall notify the Controller of the name, address

and such other relevant particulars of the person authorised by him pursuant to paragraph 1(b).

98


Licence to collect used tyres

5.–(1) The Controller may grant a licence to any person to collect used tyres and to remove or transport the tyres for disposal at an approved site.

(2) An application for a licence shall be made in such form as may be prescribed by the Controller, and he may require the applicant to provide such other particulars or information as may be required by him.

(3) The licence shall be in the form specified in the First Schedule.(4) Any licence granted under this rule shall be for such period and may be

subject to such terms and conditions as may be imposed by the Controller.(5) A licence issued under this rule shall not be transferable or assigned to

any other party.(6) An application to renew a licence shall be made to the Controller not

less than one month prior to the date of its expiry.

Display of licence

6. A person who has been issued with a licence under rule 5 shall display the licence at his place of business and produce it for inspection when so required by an officer authorised by the Controller.

Records of collection

7. A licensee shall keep or cause to be kept proper and true records of the used tyres collected by him or by any other persons authorised in writing by the licensee, in such form and containing such particulars as may be stipulated by the Controller.

Permit to take away or remove used tyres

8.–(1) The Controller may issue a permit to take away or remove used tyres to any of the following—

(a) any person involved in fishery who requires used tyres as artificial reef; or

(b) any person who requires used tyres for landscaping; or(c) an owner or organiser of go-cart racing, car racing, sports arena

or other similar sporting facilities or events which requires used tyres as protective shields or similar purposes; or

(d) an owner of buildings or a contractor who requires used tyres for construction of retaining wall, jetty or other structural purposes; or

(e) such other persons and for such other purposes as may be approved by the Controller.(2) The permit shall be subject to such terms and conditions as may be

imposed by the Controller.

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(3) The permit shall be in the form specified in the Second Schedule.

Registration of tyre trader or tyre retreader

9.–(1) Any person who carries on the trade or business of a tyre trader or tyre retreader is required to register himself with the Controller.

(2) An application for registration shall be made in such form as may be prescribed by the Controller, and the Controller may require the applicant to provide such other particulars and information as may be required by him.

(3) Upon approval of the application, a certificate of registration shall be issued by the Controller, which may be subject to such terms and conditions as may be imposed by him.

(4) The Controller may suspend or revoke a certificate of registration if he is satisfied that the holder thereof has breached any of the terms and conditions imposed on the certificate.

Register

10. The Controller shall keep a register of all licences, certificates of registration and permits issued under these Rules.

Direction

11.–(1) The Controller may, after consultation with the Minister, may issue direction—

(a) to a tyre trader on the manner in which used tyres shall be stored or kept at his premises or custody or possession pending the collection or removal thereof;

(b) to any person granted a licence to collect used tyres on the manner in which used tyres may be collected and transported to an approved site for the purpose of protecting the environment, to prevent health, fire hazard and injury to others;

(c) to any person having the control of an approved site on the manner on the storage, disposal and treatment or recycling or conversion of used tyre to other uses or products; and

(d) to any person having the control of an approved site on the storage and the proper handling of recycling products of used tyres.(2) The direction issued shall be signed by the Controller or any officer

duly authorised by him.

Approved site

12.–(1) Any site, plant or premises where the used tyres may be delivered, deposited, disposed of or discarded or may be recycled or converted for other products shall require written permission of the Controller.

100


(2) An application for an approved site shall be made to the Controller in such form as may be prescribed by him.

(3) Upon approval of the application, the Controller shall issue a permit for the approved site, which may be subject to such terms and conditions as may be imposed.

(4) The owner or any other person having the control or management of any approved site shall comply with terms and conditions imposed by the Controller and any direction issued by him relating to the collection, storage, transportation, disposal and treatment or recycling or conversion of used tyres to other uses or products.

(5) Where any person fails to comply with any of the terms and conditions imposed by the Controller or any direction issued by him under paragraph (3) or (4), the Controller may suspend or revoke the use of the approved site and proceed to seal the premises. Suspension or revocation of licence, permit, etc.

13. The Controller may suspend or revoke any licence, certificate of registration or permit issued under these Rules upon being satisfied that the holder thereof—

(a) has breached or failed to comply with any of the terms and conditions imposed; or

(b) has contravened or fails to comply with any of the provisions of these Rules.

Fees14. The fees payable under these Rules shall be as specified in the Third

Schedule.

Prohibition against unauthorised storage of used tyres

15.–(1) No person shall be permitted to own, keep, store, dispose of or dump on any land, plant, building, premises or site or any part thereof any used tyres in excess of the permitted quantity as may be specified by the Minister by a Notification in the Gazette, unless—

(a) the person is the holder of a licence to collect used tyres issued under rule 5; or

(b) the land, plant, building, premises or site concerned is an approved site in accordance with a permit issued under rule 12.(2) Any person who contravenes paragraph (1) commits an offence.

101


Exemption

16. The Controller may, after consulting the Minister, and subject to such terms and conditions as may be imposed by him, exempt any person from any of the provisions of these Rules.

Penalty

17. Any person who—(a) wilfully refuses or neglects to act or do anything in accordance with

the direction or order of the Controller given under these Rules; or(b) contravenes or fails to comply with any of the terms and conditions

imposed in the licence, certificate of registration or in a permit issued under these Rules; or

(c) contravenes or fails to comply with any of the provision of these Rules, commit an offence and where no specific penalty is provided in these Rules, be liable—

(i) in the case of a first offence, to a fine not exceeding ten thousand ringgit; and

(ii) in the case of a second or subsequent offence, to a fine not exceeding thirty thousand ringgit or a term of imprisonment not exceeding one year or to both fine and imprisonment.

102


FIRST SCHEDULE

Serial No. ____________

The Natural Resources and Environment (Collection and Disposal of Used Tyres) Rules, 2012 License to Collect and Remove Used Tyres

(Rule 5(3))

(1) This license is issued to ____________________________________________

which has its address at ___________________________________________________

______________________________________________________________________

(2) This license is valid for _________________________ years unless it is revoked or

suspended prior to the date of expiry of license.

(3) This licence is subject to the terms and conditions stipulated in the Schedule or as

below:

Date: ___________________ _______________________________Controller of Environmental Quality

Sarawak

103


PERIOD OF LICENCE AND PAYMENT

End date:Payment:Date of payment:














CHANGE OF LICENSEE AND ADDRESSNRIC/Company No. SignatureNRIC/Company No. SignatureNRIC/Company No. SignatureNRIC/Company No. SignatureNRIC/Company No. Signature

INSPECTION RECORD

104


SECOND SCHEDULE

(Rule 8)

Permit to take away or remove used tyres for special purposes

Serial No. ____________

The Natural Resources and Environment (Collection and Disposal of Used Tyres) Rules, 2012Permit to Take Away or Remove Used Tyres for Special Purposes

(Rule 8(3))

(1) This permit is issued to _____________________________________________

which has its address at ___________________________________________________________

________________________________________________________________

for the purpose of _________________________________________________________

________________________________________________________________________

________________________________________________________________________

(“the Purpose”).

(2) The maximum permitted quantity of used tyres for the Purpose:

____________________

(3) Validity of this permit for the Purpose: ________________________________

(4) This permit is subject to the terms and conditions stipulated below:

[to include that the permit to take away and remove used tyres is strictly for the Purpose only/not to exceed permitted quantity specified above/etc.]

Date: ___________________ _______________________________Controller of Environmental Quality

Sarawak

105


THIRD SCHEDULE

(Rule 14)

Fees

The fees payable under these Rules are as follows:

No. Subject Matter Rate

1. Licence to collect used tyres RM 200 per annum

2. Permit for an approved site RM 100 per site

3. Permit to take away or remove used tyres RM 50 per permit

4. Certificate of registration for:

(a) a tyre trader RM 30 per registration

(b) a tyre retreader RM 30 per registration

Approved by the Majlis Mesyuarat Kerajaan Negeri this 16th day of February, 2012.

HAJAH SUTIN BT. SAHMAT,Clerk to Majlis Mesyuarat Kerajaan Negeri

41/KPPS/T2/-214

107




THE NATURAL RESOURCESAND ENVIRONMENT BOARD (DELEGATION OF

POWERS) NOTIFICATION, 2006

[Swk. L.N. 35/2006]

108


NOTIFICATION


THE NATURAL RESOURCES AND ENVIRONMENT BOARD(DELEGATION OF POWERS) NOTIFICATION, 2006

[Swk. L.N. 35/2006]

In exercise of the powers conferred by section 29 of the Natural Resources and Environment Ordinance [Cap. 84 (1958 Ed.)], the Natural Resources and Environment Board, with the approval of the Minister of Environment and Public Health, has delegated the exercise of powers conferred on the Board under section 11A of the Ordinance and article 6 of the Natural Resources and Environment (Prescribed Activities) Order, 1994 [Swk. L.N. 45/94], namely, to consider and approve any report submitted to the Board on activities having an impact on the environment and natural resources, to the Environment Impact Assessment Committee established under section 3(9)(c) of the Ordinance, with effect from the 23rd day of February, 2006.

Dated this 22nd day of February, 2006.

DATUK MICHAEL MANYIN AK JAWONG,Chairman,

Natural Resources and Environment Board, Sarawak

(10)NREB.1-1/5.11

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