Natural Resources Ordinance (Chapter 84)

NATURAL RESOURCES ORDINANCE
CHAPTER 84
(inCluding amendments up to 2001)

fi-c[6/zoo +l)*?
Natural Reswcts (31日 F〔 84

〔
CHAPTER 84.
NATURAL RESOURCES_
arrJ α籠ど r力 ″″
には”﹂は
∠″ Ordi″α77εC F0 60れまブidα

“κお″“
″イイ″″
`λ `′
r`レ rf″ g rο パaryarわ ″ of aar“rar「
“ 徹飩6́“ _
“ ・、
112′ た D`G`燿 bσ ,1949.1

PART I.
‐
PRmmARY.
1. nis ordinance may be cited as the Natural〔緻頑 dth
Resources Ordinan∝ _
2. h this Ordinan― Inta_

“Board"IIlcalls the Namral Rcsourocs― Board…
COIIStituted undcr section 3:
``1∝ al authority"meaIIs a local autho五 ty con―
C" ′ stitutcd ulldcr the Local Autho五 ty Ordin2■ o3;
`ア
laturalぃ ourocs"Incans thc soil,vcgetatioll,

``「
and waters of SarawJヒ

∝
“ cuptr"mcaIIs all逸
ヽ
.
pation of land and,ill th( 品謂焦
電雷Ъ
。r auocated for the llsc of a natiVc coIIl■ luni、_
includes thc hcad of the coIIIInuni句庵
=葛
``OWIler"mealls thc person h whose llame thc
tide to any larldお registered alld indudes any
persoll,othcr thЯ n the CovemIIlcnt,who rcocivcs
魅ril」鰹鳥w鴨臓ぶL『 lF∬ 攪翻

himser alld others or as agellt
“strcam"means a waterudrse of natural a置 ―
gin whereln water■ ows either∞ ntinuollsly or
intendttendy,whOtter T not its confo.Ш adOn
has becn chnngcd by aJiacial means,and includes
淵肌翼∫籠蹴b職「肌 Ⅷ
courⅨ ち
t:∬ W
"storm yrater" meaos all flow of water dircctty
due to rainfall, before such watsr joins a strealrg
439
Cep. t4l Notttrol Re.rources
.bushes,
. "vegetation" includes trees, palms, bamboos,
saplings, seedlings, stumps, grass,under-
growth and vegetable products of theloil.
PART II.
NeruRnl Resounces BoaRp.-.
.
Ectab‖
ment and
8h‐
3.-(l) There shall be established a\ Natural
Resources Board which shall comprisc-
服T泥::糧 :n
Rclourccl (a) the Dcvclopmcnt Sccrctary;
Board。
(D) thc Dircctor of Agriculturc or a nominco
approved. by the Chief Secrctary;
(c) the Director of Lands and Surveys or a
nomince approved by thc Chief Sccretary;'
(d) the Conservator of Forcsts or a nominec
approved by the Chief Secretary;
(e) thc Director of Ceological Surveys or I
nominec approved by the ChiJf Sccretary;
0 the Resident, First Division, or the Resi-
dcnt of the division in which the meeting is held;
(g) twg members nominated by each Divi-
sional Advisory Council in tho Firit, Third and
Fourth Divisions;
(fr) one member nominated by each Divi-
sional Advisory Council in the Sec6nd and Fifth
Divisions; and
(r) two official members appointed by tho
Governor for such period as hc m-ay specify.
lSubstituted by Ordlnance IS of 19491
(2) The Governor shall nominate one of tho mcm-
bers to bc Chairman of thc Board.
[Subsectlon (3) omitted by Commissloners ol
Law Revisionl
(3) If a member appointed by thc Govcrnor is, for
any causc, unable to cxercise his functions on thc
Board, thc Governor may appoint any person to act as
deputy for such member during such time as hc is
unablc to oxercise his functions on the Board. t(4)l
440
・
‐ 1■
:l■ 1_‐
Na′ ′ J Rて ,∫ frcCS [Cep. 64
`″ `ン
“
4.-( l) Seven ttletnbers of the Board 5[nll 661- Qrr.rrrnr
stitute a qtloruln, :,","td;:'"

Provided thut not less than four of such seven
aoard'
shall consist of persons appointed otherwise than by

virtue of pnr,rgitph tg) or (/r) of subsection (l) of
section 3.
lAmended bY Ordinance 19 of 1954)

(2) alt acts, matters and things authorizgg .utd
rcquired to bc donc by the Board shall be dccided by
resolution.
(3) The Chairman shall, in addition to his dcli'
berative vote as B nember of the Board' have a casttng
vote.
(4) The procedure of the Board shall be ns deter'
mincd by the Board.
5. The functions of the Board shall be- Frunctloor
Boord-
(a) to cxercise general supcrvision ovcr natuJal
resou rces;
(b) to examine all projects concerning the con-
...r,itil,n irprou.in.,it of water supplies. and
.iii iiiuriti.o to'it by the Director of Agriculture
"na
or by locsl authorities;
(c) to stimulate by propaganda a.nd such other
means 8s it may decm expedient s public interest ln
the conservati6n ond improvemcnt of natural re'
sources;
(r,/) to rccommend to the Governor the nature
of teli.itation by it <Ieemed necessary for the prop-cr
contEiJation, lsc and improvemtnt of natural
resources;
(c) to make orders for conservation of natural
resources under section l0;
(i) to aoorove works to be carried out by the
'Agriculture under section Il;
Direiior of
(g) to apportion costs under section 12;
441
Cap, Ml Naturel Rcsottrccs
(/r) to rnakc reconlrend a tions in connection

with cicclaration and ccssatior) of forest feserves;
(i) to rnake rccom tnendations in connection
with the functions oi local authorities tlnder para-
graph (/.r) of section 9;
.dation(i oftothe
report to the Governor llriy \recommen-
Board in connection
wi[h destocking
nnd the limitation of stock;
(k) to recommend advances to owncrs or
occupiers-to enable them to c8rry out works undc,
section l0;
(/) to submit to the Governor an annual rc-
port; and
(m) to carry out such other duties as thc
^
uovernor may requlre.
Roqrd to 6. Whcn any matter arises for the detcrmination
8ivc notico
to in- of the Board, all persons having an interest in such
lcrcr(cd matter shall, where rersonoble, tre notilicd in writing or
portici.
in such other manncr as the Board may direct of the
qucstions at issue and given facilities for making thcre-
on such representations, in person or by wriiing, as
they may see fit. Representations may be madc ciiher
to the Board or to such officer of the Covcrnment as
the Board may appoint to receivc reprcsentations on
its behalf.
Boord
tummon
mly 7.-(l) For the determination of any subjcct under
wi(nctic!. consideration, the Board shall have thc powtrs which
a court of a Magistrate of the First Class has to sum-
mon witnesses, to causc 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 witncss or
for the production of any book, documcnt or record
before the Bourd shall bc 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.
442
Nalural Resources iCep.84
(3) Any person sullltnoned to give cvidence or.to

oroduce anv book, document or record or giving
evidence beftre the Board shall be entitled to the same
privileges and immunities as ii he were summoned to
'attend"or
were giving evidence at a trial in a court of a
Magistrate of t-he First Class and may be allowed by
ttre"soard any reasonsble expenses necessaFily incurred
by him in so attending.
(4) Any person who fails without reasonablc cx-
cusc io attcnd' in obedience to such summons, or,
sub'
icct to the provisions of subscction (3)' fails to snsw*
'trliu io the'best of his knowlcdgc any qucstion rclcvant
io--[h. rnutt., undor investigaiion, or when- required
fails to produce any book, documcnt or rccord as alorc'
,riJ, rtt"iibe guitiy of an offence: Penalty, imprison'
;;;i i;; threi m'onths and a fine of flvc hundred
dollars.
lsubsection (4) amended by Commissioners.
ol Law
Revision c.f. section 17 as amended by Ordinance
t6 ol t9571
8.-(l) The Board shall communicatc in writingit 4rn'1t gfll'tff''
trrc teims or any approval, a;"iti"; or ordcr made by or Boordr
ir1"it"t t""iion io, I t or l2 (hcreinafter referrcd be to
"r
as a determination) to riny person who is or may
dircctly affected by such determination'
(2) Any person who considers such determination
ir in.qiriiuui., unreasonable or und.uly.harsh may' with'
in suih time as may be prescribed, appeal to the
Govcrnor in Council who may rcscind or v8ry tne
detcrmination of the Board'
9. A local authority shall- Functlon'
. (a\ qenerallv co'opcrate with and assist thc;["fl::'i'"'

soard aid the Directoi of Agriculturc in carrylng
out the provisions of this Ordinancc; and
(b) formulatc for submission to thc 'Board
.on.J*uiion J.hcmes in and for the area in which
it has iurisdiction and may' on thc rccommc-noa'
tion of the Board and with the approval ot tne
443
C■ p.34〕 Notttral Rcsotrrce.t
Covcrnor, illldcrttrke Ilre construction of works

arrd other ntcilsures for the conservation of natural
resources in ilnd for the area in which it has juris-
diction,
PART IH.
C」驚魚AT10N AND IMPROVEMBNT OF NATURAL
｀
RESOURC口 S.
Boord may
nrqko ordcru
10.-(l) The Board if it considers-
for con-
rcrvation of . scrvationthat measures are necessary for thc con-
(?.)
noturol of natural
resources on iny tanA; anO
rctou rcci.
(6) that having regard to all the circumstanccs
it is just and equitnblJ that such measrrC, it'ouf,l
be undertaken by the owner or occupie, oi--r*[
land,
may order in writing the owner or occupier, as the
Board may decicle, to unclertake or adopi such mea-
sures as it may deem necessary for the conseruation of
natural resources on such land and thc prevention of
injury to the natural resources on other lend.
(2) Such order may relate to-
(a) the use to which the land may be put;
@ the prohibition, restriction or control of
the firing,.clearing or destruction of vegetation, or
the bretking up or clearing of land fdr any fur-
pose;
(c) the prohibition, restriction or control of
cultivation.of any part of the land;
(r/) the method of the cultivation of the land;
,(e) the m&nner of watering, depasturing and
moving stock;
ff) ttre preservation and protection of the
source, course and banks of streams;
k) the control of
water, including storm
water; and
(&) the construction and maintenance of
works for, or the doing or abstaining from doins
any act which in the opinion of the Board is nccesl
sary for, the conservation of natural resourccs.
444
Ⅳ ′rar R`5r,``rcFF [Crp. t4
““
(3) If any owner or occuPier of land flils or neg-

lects to cxrry out atty order nradc under subsection
(l)
within sucir ,"ur.rn,,tl. titnc as may be fixed by the
Board, he shall be guilty of an offence: Penalty, in the
case of ,t first ofTJnce, irnprisonment for six months
and a ['ine of one thousand dollars and, in the case of a
second or subsequcnt oflence, imprisonment for one
year and a fine of two lhousand dollars. A'cqurt in
oddition to any pcnalty it may impose shall make an
order requiring the owner or occupier' ar tho ceso -may
bc, to cairy ou1 within a spccifled time thc ordcr of tho
Board.
Isubection (3) amended by Commissioneis. ol Law
Revision c.i. section 17 as amended by Ordinance
t6 ol 19571
(4) If any owner or occuPier of land fails or-ncg'
lects to carry tut any order relating to paragraph.(l)' k)
or (l) of su-bsection (2) within such reasonablc timc as
the Board may have flxed, the Director of Agriculture,
or st his requist the local authority having jurisdiction
in thc area in which such land is situate, may carry
out or complete any works which are necessary to give
cflect to such order.
(5) Where an advance to an owner or occupibr has
been madc by the Government to cnable him to cerry
out an ordei uncler this section, or the Director of
Agriculture or a local authority at his request has car'
ricd out or completed works which Brc nccessary to
give effect to such ordcr, such advance or the Bmount of
iost incurred in carrying out or completing such works
shall be a debt due by such owner or occupicr, as the
case may be, to the Covernment and, until discharged'
intercst shall be paid thereon at the ratc of threc per
cent per year.
Dlrrc(o. oI
11. If the Board- A8rlculturc
mtty
(a) decides that the proposed works should conilrucl
' not be the subject of an order under section l0; 1{ork!.
and
“十
″十
‘υ
Cap.341 Notural Rcxttrces
(b)apprOvcs Or stlch works as bcing in thc

public intcrcst,
thc DircctOr of Agriculttirc illay cOnstruct and main―

tain upon any innd such works tis he may dcem neccs_
S(try For any Of thc Fo‖ Owing purpOscs― ―
(1)thc protcctiOn Of thc source,'c・ qursc and

F∝ dctt Of a stream;
(li)the dispOsal anc contr01 0f watcr including

storm water;
(i:1)the mitigation and prcvention OF soll

cros:On.
鮒鰐 me」鯖:f監鮮∬:J癬庸
T‐
懺1織 :需 g
the pOwcrs cOnFcrrcd by scctiOn l:.
(2) If the Board is ol opinion that, havinq resard

to all the circumslances, it is just and cquitalle ihat
the owner of any land upon whiih any such works ha;c
been executed, or such owncr and the owners of anv
other land which, in its opinion, has bcnefited fr#
such works, should pay or contribute towards the cost
thereof, it shall notify the Director of Agriculture and
the owner or cach of the owncrs accordingly, and sha
in such notification specify the amount jf'Jr"t cori, .
if-any, to be borne by'the bovernmcnt and- the ;rriJi;j

ot payment or contribution to bc madc by such owncr
or by each of such owncrs.
(3) The amount of payment or contribution fixed

by the Board in tenns of subscction (2) shall bc a debt
due by the owner to the Government and, until dis-
charged, interest shall bc paid thereon at ihe rate of
three p€r cent per year, with efrect from the datc of
notification.
446
N rral Rcsotrrces Cap.34
〔
PAR'T IV.
CnNrn,ru.
13. Subjcct to and in accordance with any rules Advrncc.,

made under ihir Or,iinan.", advances may be made !1iii;;d
frorn public funds of Sarawak to owners or occupiers aid'
to enable them to carry out orders made under section
10, and loans or grants in aid may be made from
public funds of Sarawak to local authoritics in respect
of conservation schemes undertaken by them'
I4.-(l) Subjcct to thc restrictions imposcd by ntshtr ol
subscction (2), and to the cxtent ncccsssry for cxercising 'n"v'
thc powers conferrcd or pcrforming the dutics imposed
by this Ordinancc, the Dircctor of Agriculturc or any
offlcer or person authorizcd in writing in th.at bchalf
by the Board, thc Dircctor of Agriculture or a local
authority shalt have thc right to enter upon any land
or premises at all reasonable timcs with such mcn, ani-
mals, vehicles, appliances and instruments and to do
all such acts thereon as are nccessary for or incidental
to the excrcise of the aforesaid powers or the per-
formance of the aforesaid duties.
(2) The exercise of the rights conferred by sub'
section ( I ) shall be subject to the following restrictions-
(a) no pcrson shall enter any building or any
enclosed yaid attachcd to a dwelling except with
the consent of the occuPant; and
(h little damaqc as oossible shall be caused
as
the excrcisc of such
to any land or premlses by'shall
rightsl and compensation be paid by thc
G-overnment or ihe local Buthority, as thc case
may be, for all damagc so causcd other than dam'
agi incidental to or -onsequent on work done to
cirry out an order madc irndcr section 10. The
combensation may, in default of agreement, be
clairired and determined in the appropriate court.
(3) If any person prevents such entry on Bny area
as is authorized by this section, or wilfully obstructs
or hinders any person so authorized in lawfully carry-
447
Cap. E4l Nttttn llcsourccs
ing oLrt his powers or duties under this Ordinance he

slrall be gutlty oi an o{Icnce: l)enalty, in the case of a
lirst oflence, intpri.sonntcnt ior six months and ii fine
of one thousand dolltrs and, in the case of a second
or subsequent offence, inrprisonment for one year and
a llne of two thousand dollars.
[Subscction (3) omended by Commissi^oners of Law
Revision c.f. section l7 as amended by Ordinance
l6 ol t9571
Pcnnlty for
dirchatgo
15. Any person who by any act or by neglect,
o! rtorm causes damage to another by diverting storm water
from its natural course, or who injures any soil or
water conseryation work, shall be guilty of an offcnce:
Penalty, .in the case of a flrst offencc, imprisonment for
six months and a nne of one thousand dollari and, in
the case of a second or subsequcnt offence, imprison-
ment for one year and a fine of two thousand dollars.
A court in addition to any pcnalty it may impose may
order the payment of conrpensation.
lAmended by Commissioners oi Law Revision)
I)crlocking 16,-( l) Where the Governor is satisfied that the
odd
limittlion natural resources of any area are being injured or are
of rtock. deteriorating through overstoiking 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,
(2) Destocking and limitation of stock in terms of
this section shall be carried ,out in accordance with
rules made under section 18,
' [Sections 17 and l8 omitted by Commissioners
ol Law Revisionl
Evidencc. tZ.-ttl A certificate purporting to be under the
hand of the Director of Agriculture certifying the
amount of the cost of work done to give effcct to an
order made under section 10, or a copy of a deter-
mination made by the Board in the terms of section 12
purporting to be certified by the Director of Agriculture
448
Nalurdl Resourctr Cap.84
〔
as a true copy, shall until the contrary is proved, be

evidence in any court of the amount dlc as a dcbt to
the Government.
(2) A copy of a determination made by thc Board
in the tcrms of section l0 or I I purPorting lo bc ccrti-
fied by the Director of Agriculturc as a truq.aopy shall
bc conclusive evidencc in any court that a dcterlnination
was made by the Board ia thc tcrms od tho corti0cd
copy. 119】
18. Thc Govcrnor in CounCil may meko rulcs nuu.

gcncrally for the purposc of carrying out tho plovisiong
of this Ordiuancc and, in particular, tuch rulcs may
provide for-
(a) orescribinr thc manner in which dictock-
ing and'timitation- of stock shall be carrigd out;
(D) prescribing the time within which appcals
may be lodgcd under section 8;
(c) prcscribing thc conditions on which loans
or qranti in aid riav bc madc to local authoritics
in icspcct of conscrvation schcmes undertaken by
them;
(d) prescribing thc conditions on which an
advance'may be niadc to an owner or occupicr.to
cnablc him'to carry out an order made undcr
section l0;
(a) prescribing the apportionmcnt of costs
bctwcen owncrs;
(fl orovidinc for thc rcduction of, or thc
excmftiSn fromlintcrcst payable undor this Ordi-
nance;
(g) rcgulating and controlling tho usc of land;
(lr) prohibiting, restricting or controlling thc

firinc. cliarinc or alestruction of vegetation' or tne
brea'(ing up 6r clcaring of land for any purposc;
449
Cap。 34〕 Nalilral llesotrce.s
(i) or controlling the

. . .prohibiting, restricting
cultivation of land;
(fi regulating ttre method of cultivation of
land;
. (k) prescribing manner of

!h"
depasturing and moving stock;
watering,
(0 thc prescrvation an0 protectio)r of thc

source, course and banks of streams;
(n) controlling water, including storm water;
and
(n) the construction and maintenance of
works for, or the doing or abstaining from doing
'of any acts necessary for, the conlservation oT
natural resources. I20I
lParagraplts (g) to (n) inserted by Ordinance l8 ol

t9s2l
450
b
￨ : cap・ 85
Oi′ ′
ИIPI′「Ig 〔
CHAPTER 85。
OIL MINING
ARRANGEMENT OF SEじ 110NS
PART :
G8NERAL ・ ..
ヽ
Srcr′ ο
".
1. Short titio
2. Interprotation
3. R“ trictlon on ou pr。
`pectln3 0r minin3,CtC,
4, Por80n3 by whOm app‖ cation may bc mad●
5。 Manner in which app‖ cat:o■ may bo mado
6, Sepant● applicndon` to be mado
7. Gnnt or mOrc than onc lccnc● or icao●
8。 A38:3nabl:ity
,, Mcthod or making app‖ tlon ror a38:8■ ment
“
10. Redprocity
H.Apメ pany hCor,ora"d
需 ‖胤凛 rtta川静麻in混需
12. Lpsc of ri3ht tO liccnco cr ic■
`‰ 30
13. PubHcation
14. Bond to bo ●xccutcd by Hccn8Ce3 and iollcc8
PART EI
OIL ExPLORA■ 10N LicINC83.
15, Oovernor :n Counc‖ may grant o1l oxplondon HcCnCC

i`. Area covered
17. Period
18. Renewa!
PART lll
01L PROSPrr:NO LIcENC13.
19. Oovernor in Counc‖ may grant oll prolpectin3 ‖Cenoo

20, Siz● of aren
2:. Comprehen8iV0 0H prolpecting Hcenco
22. Shape of arca
23, Perlod
24. Rencwal
25, Workin3 0b18at:ons
26. Ccrtュ in ycarly rent nnd royュ ltlo3
451
０
，
LAWS OF SARAWAK
Chapter A12
NATURAL RESOURCES(ANIENDⅣ IENT)

ORDINANCE,1993
鷺器 P.ToV守響 16th November,1993
ヽ
Date of Assent ..。 …. ¨

・ …
・ lst December, 1993
Date of Pubucation in Cazθ

¨ｕ rFa 9th E)ecembe■ 1993
LAWS OF SARAWAK
ChaPter A12
NATURAL RESOURCES (AMENDMENT)

ORDINANCE' 1993
An Ordinance a urcnd the Naural Resources cap: 8!

(1es8 Et')
.
ordinance.
Enaced by the L,egislature of Sarawak-

1. This Ordinance may be cited as the Natural smn r'0"
n".ou.""t le-endmen$ Ordinance' 1993, and shall come H.'"f#;,.
into op"tution on suci, date as the Ministei may, by
notific;don in the Cazette. appoint.
2.-( I ) There shall be substituted for ttre words Am€udrne't
"Natural Resources O.ai"o*"::- upp"uti"5'-in section I :1 ;;:*' '

of thc Natural Resources Ordinanct- (hertinafier nDfcrred rtro'ipal
* ,tt" :i;ncipat O.aina"ic"l tirc words "Natural [d"fi*

".
Resources and Environment Ordinance"' (te58 Ed')'
\2) Wherc, upon rhe coming into forcc of this

Ordinancc, ."i"t"r"" is madc in any written law. ttr
"
the "Natural Resources Ordinance" or to any provrsron
thereof, such reference shall be construed as a reference
to the "Natural Resources and Environment Ordinance"
,t" case may be, to the corresponding provision
"r, "t
thereof.
3.
Section 2 of the Principal Ordinance
" 3;T5;i
amended- of thc
(a) by inserting immediately after 1!1 word [i]iff1.
"Resources'i appearin-g in the definition of "Board
the words "and Environment";
(b)by inserting immediately afer-th.e. defini-
tion of "Board" the following new dellnruons-
"'tonservation area" means any areg of
to
land designated as such under section 10(6)
うι
enable the Board o take such measures as ir

docm.s fit and nece.ssary for the protection
and con.s,,'rvation ol natural resourccs to orovide
for the safeguard and enhancemcnt uI the
environment, and includes any area of land
Gα″ ヨ declared to be a special area under section 3 of
the Public Par*s and Greens Ordinance, 1993:
'Council" means the Environmental Qd4lity
Council established under secrion a of tn!
スで 2ス Environmenral Quality Act, 1974;
`′
"environment" means the physical factors

of the surroundings of the
-human
- beings
including land, water, atmosphere, clima6,
sound, odour, taste, the biological factors of
animals and plants and the social tactor of
aesthetics;
"Environmental Authority" means any

lo-cal authority, statutory body or department
of the State or Federal Govemment or such
other authority, offioer or pcrson duly directed
by the Board under thi.s Oidinance to exercise
the powers conferred or perforrn the duties
imposed upon the Environmental Authority by
this Ordinance or to perform such dutiei oi
functions as may hc directed by the Board
lor the implemcntation, execution or entbrcc_
m-ent of any C)rder, direction, ruling or decision
of the Board;
"tbrest produce" shall have the same
Qp ′2`
,assigned to that expression by the
958 Ea,
meaning
`′
Forests Ordinance;
"inland waters" means the waters of any
rivers, waerways, Iakes, reservoirs, water'_
courses, wat€r catchment areas within the State
and in the foreshores and includes subterranean
water;";
(c) by substituring for rhe definition of ..local
authority" the following new definition_ ￨
" "local authority" means-

NATURAL RESOURCES (AMENDMENI) 3
(a) any local authority constituted .or. ,r,

under the l-ocal Authority Ordinance; ltcse ea'1.
(b) the Bintulu DeveloPment

Authority established under the Bintulu No'
o'a.
O"r"topir"nt Authority Ordinance, lg78i 1/te78'
(c) the Counoil of the CitY of

Kuching South established under the
Kuching Municipal Ordinaice as modified c"p-^rlr'
Fn)'
6i o" titv
of kuching ordinance, 1988; 8?18
or No Al S'
(4 rhe Commissioner of the CitY of

Kuching North established under the City No
o'a
-
3/tq8'
of Kuciing North Ordhance, 1988;";
(d,) by substituting for the definition of
"natural rcsources" the following new definition-
" "natural resources" means air, biological
diversity of resources, minerals, oil, gas, forest
produce, land, rocks, soils, sub-soils, animals,
Lirds, plants, marine or aquatic lifc and watcrs
o[ Sararvak;";
(e) by insening immediately atier the defini
tion of "owner" the following new definitions-
" "plant" means any species of plant or
any pan thereof, including all trec and crops
species and vegetationi
"pollution" means any dircc't or indirect
alerat'ion of the physical, thermal, chemical'
biologicat, or radioactive properties of any part
of thi environment by discharging, emitting'
or depositing wastes so as to affect any
benefi6ial us6 adversely, to cause a condition
which is hazardous or potentially hazardous 1o
public health, safety, or welfare, ot to anlmars'
Lirds, wildlife, fish br aquatic life, or to plants;";
f) by deleting the definition of "Permanent

Secretary";
″
￨ fo) by substituting for the definition 9f "vege-
tation'r the following new dofinition-
" "vegetadon" means all species of plants

and trees, moss, algae and fungi, and any other
vegetable products of the soil or water;"; and
(h) by re-numbering section "2" as section
"2.-(l)" and by inserting immediately thereafter
the following new subsections (2) and (3)-
"(2) In this Ordinance a reference-to the
Yang di-Pertua Negeri shall be construed ds 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.
(3) It shall be the duty of an Environ-
mental 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 the
provisions of this Ordinance.".
c:武
押 1:｀ぬ 3:Ha瀧ず I
漱:Ⅷ:dふ讐1思ち
価° ・ t譜
…
Principal
Ettro淵堰
鷲 n tti唾卜
僕tぽ a』
鵠む。IIIncm
)山 C MhiStCr tt Ch」 man;
(α
Board_ (b)the state Secretary, 8 Dcputy
Chaiman;
(c)thc Director― General of En宙 ron―
mental Quality or his nominee;
(の thC Pё ュニIlanent Secretary to the
Ministt Of Environment and TOurism or
his nomlncc;
(ι )thC PCllllanent Sccrctary to thc
Ministt Of Land Dcvclopment or his
nominee;
o the Director of Agnculture or his
norninee;
NATURAL RDSOURCtsS (AMENDMENT) 5
G) thc Director of Forests or his

nominee;
(h) the Direrctor of Lands and
Surveys or his nomineel
(r) the Director of Irrigation and
Drainage or his nominee; and
(/) not more than fiyP other members
with appropriate experience\ knowledge or
expertise to be appointed by the Yang di-
Pertua Negeri.
(2) (a) The Permanent Secretary to the

Ministry of Resource Planning shall be the
Secretary of the Board.
(b) He shall be resPonsible for-
(i) executing the decisions of the
Board, the general adminisration of ils
affairs;
(ii) PreParing annual budgets and
cstimates of cxpenditure of thc Board tor
approval by the Board; and
(iii) performing such other duties
as the Board maY from lime to tlme
delermine or as the Chairman may from
timc to t"ime dircct.
(3) The aPpointment of any mem\1
made' under parigraph (7) of subsection (l)
shall-
(a) be for such term not exceeding
three years as the Yang di-Pertua Negeri
may deem fit; and
(b) be determined-
(i) uPon his death;
(ii) if he shall bY writing
addressed to the Minister resign such
appointrnent;
I (iii) if he is a bankruPt;
6 NAI'URAI- RtiSOURCtIS (AMENDMITNT)
(i") if he is declared to be of
unsound mind; or
(v) if he i.s sentenced to a term
of imprisonment without the option
of a line.
(4) Any member of the Board or the
Committee established under paragraph " (b) of
'ilnder
subsection (9) and any person invited
subsection (7) of section 4 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) (c) 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 the provisions of this Ordi-
nance and any contract or deed entered into or
cxccutcd by the Board shall bcar thc Scal of
the Board, which shall be affixed in the presence
of any membcr of the Board and the Secretary.
(7) The Board may own, hold or have
posscssion of any movable or immovablc pro-
perties and may enter into any contract, arrange-
ment, instrument or deed to acquire any interest
in, deal with, transact upon or dispose off any
such properties in the discharge of any of the
functions prescribed by this Ordinance or under
any other written laws.
cap. Bt. (8) The Board shall for the purposes of
{IesB Ed). the Land Code 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 or employ, on such terms
and conditions as to salaries, allowances
NATlり RAL RnSOUR(]lis(AMi'NDMl'NI)
and benefits a-s it thinks fit

and propcr, any
officcr, employue and such perso-ns .with
the expertise. knowledge and prolesslonal
experience as may be required - by . the
Board in the performance of its functions
or the exercise of its powers under this
Ordinance; and
(b) establish Commiltees comprising
of at least one member of the Board who
shall be the Chairman and such other
persons as members as the Board deems
ht. The Secreary of the Board shall bc
the secretary of such Committees and he
.
shail rcpon to the Board all decisions and
recommendadons of such Committees'"'
(2) All references to the "Natural Resources

Board" or "Board" in the Principal Ordinance or in any
written law shall be construed as the "Natural Rqsources
and Environmcnr Board". Thc changc of name of the
Board shall not affect eny rights. privilcges. liabilitie-s'
dutics ur obligarions,rl rhe Boartj .subsisting immcdiatt'I1'
bctbre thc commenccm.nt of this Ordinancc or rendcr
defective any legal proceeding.s by or against it..and-any
legal proceedings that could have been continued or
co-mminced by 1r against it prior to the coming into
force of this drdin:rnce may bu continued or commenccd
under its ncw name.
(3) All existing liabilities incurred

by or on behalf
of oi ior the purpoies of the Natural Resources Board
may be enfor'ced against the Natural Resources and
Environment Board.
(4) (a) All lands, property and assets that im-

meriiarely before the coming into force 01. thls
Ordinance werc vested in or reserved for the Natural
Resources Board or any person acting on its behalf
shall, upon the coming into force of this Ordinance, vest
in or 'be reserved
-for the Natural Resources and
詔鳳lWI Rtty為 ″ 胤∬警品譜 Tは
習ζ
soever
輌
(b) All references to the Natural Resources Boarcl

or any person acting on its behalf, in relation to or
affecting any such land, property -bond, asset in any
and
instrument, deed, title, document, agreement and 小
working arrangement subsisting immediately before the
coming into force of this Ordinance, shall be construed
as if all such references were references to the Natural
Resources and Environment boaro or
rronment Board or any person "actlng
on its behalf-
Amendmenl
of section
4
5. Section 4 of the Principal Ordinance is
of the
amended-
Principal
C)rdinance. (a) by substituting for subsection (l) thereof
the following new subsection (1)-
"(l) The Chairman or Deputy Chairman
. and any four other members of the Board shall
form a quorum at any meeting of the Board.";
(b) by inserting after the word "Board" in the
first line of .subsection (4) thereof the words "and
any Committec establishcd undcr subsecrion (9)(&)
o1' section 3"; and
(c) by inserting immediately after subsection

(4) thereof the tbllowing new subsections (5), (6)
and (7)-
"(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 ar 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 ro any of

its meetings any person who- can in his opinion
contribure to its deliberation but such person
shall have no right to vote at the meeting.".
NATURAL RESOURCES(AMENDMBNη
hnttd鵠認鷺
SttW躍
鸞mfr樋鶉縄
5. The functions and powcrs of the [,T:"":.
Board shall be-
Board.
(a) to formulate. or develop policies
and guidelines to ensure that the exploita-
tion, conservation and 'rpanagement of
natural resoutces in the State will not
cause any adverse impact on the environ-
. ment;
(b) to determine the mode and
manner whereby natural resources cao
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 diiection or
directivc or ordcr to any Environmcntal
Authority or to any other person or body,
to prevent, abate or stop thc pollution oi'
waters in the rivers or those in catchment
areas within the iurisdiction of any water
C`′ イア
′ authority establishcd under the Water
9,お Eと,
Supply Ordinancc;
`′
(A to control, stoP or Prohibit the

destruction of vegetation for the preven-
tion of erosion, damage or injury to the
natural resources, rivers and landscapes
or the protec.tion of the inland waters 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 Covem-
ment relating to the determination of the
standards foi control of environment, the
enforcement of any rules made pursuant
to this Ordinance or under any written
,・
law relating to the environment;
￨
10 NATURAL RESOURCES (AMENDMENT)
A to provide rules, guidelines and

directions for the protection and enhance-
ment of the environment in matters relat-
ing to-
(i) land use (including the siting
of hou.sing, industrial and commercial
estates or the creation of consery4tion
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;
(vii) fishing and exploitation of
marine or aquatic life and plants
within the rivers of Sarawak and in
the foreshores; and
(viii) any marters ovcr which
the State exercises legislative autho-
rity by virtue of the provisions of
the Federal Constitution or powers
delegated ro the State;
k) to recommend to the Govern-

ment rules and regulations to be pre-
scribed for the protection and enhance-
ment of the environment;
(h) to provide information and edu-
cation to the public regarding the pro-
tection and enhancement of the enviion-
ment;
(r) to direct any Environmental
Authority and any other person or body
NATUR鳳 ´ Rじ SOURCES(AMENDMl_N■ )
involvcd in or undenaking the develop-

ment, cxploitation, utilisation or manage-
ment of natural resources, on the steps
or measures to be undertaken by them to
maintain environmental quality control;
f) to consider, analYse and, if deem

fit, approve plans, projects or specific
recommendations or tea'hqical representa-
tions or advice of the Council or any
experts or consultants or institutions or
from any other sources concerning the
measures tbr environmental quality con-
trol in any natural resources based
development;
(&)
to make orders for the protection
- and enhancement of the environment and
any other matters as the Board is entitlcd
to make under section l0;
(l)
to determine policies and guide-
lines tbr scientific rescarch or experiment
related to the use of natural resources for
mcdicinal, pharmaccutical or othcr scicn-
til'ic purposesl
l' (m) to carry out such duties or

exercisc such powers as the Yang di-
Pertua Ncgeri may require or direct or
as may be conferred by any olhcr written
law; and
6i (n) generally to take or undertake

such measures or steps as may be nec-
essary to safeguard the quality of the
environment.".
7. Section 9 of the Principal Ordinance it fl'"""{fi";

amended- of rhe
ftiucipal
(a) by insening immediately before .the oraioaace
words "local authorities" appearing in the marginal
note thereof the words "Govemment depanments'
´
￨ statutory bodies and";
12 NATURAL RESouRCEs (AMENDMENT)
(b) by substituting for the words "A local

authority" appearing in the first line rhereof the
words " Every Government department, statutory
body and local authority"; and
(c) by deleting the words "and the Director
of Agriculture" appearing in paragraph (c) thereof.
Amendrneut
of sectioo
8. Section 10 of the Principal Ordinariie is
l0 of the amended-
kincipal
Ordinance. (a) in the case of subsection (l) thereof-
(i) by substituting for paragraph (a)
thereof the following new paragraph (a)-
"(a) that measures are necessary
for-
(i) the conservation of, or the
prevention of injury to, natural
resources; or
(ii) the protection and enhance-
ment of the environment or the pre-
vention and control of such activities
which may cause pollution,
. in a conservation area or any other land;
and";
(ii) by inserting before the word "tand"
appearing at the end of paragraph (D) thereof
the words "conservation area or"; and
(iii) by deleting the last two lines thereof
beginning from the words "on such land ..."
and ending with the words "on other land.",
and by substituting therefor the words "or lhe
protection and enhancement of the environ-
ment in such conservation area or other land.";
(b) in the case of subsection (2) thereof-
(i) by inserting immediately before the
word "land" wherever it appears therein the
words "conservation area or";
(AMENDMF]NT) 13
NATIJRAL RESOIIR(]I--S
(ii) by inscrting immediately, aftor the

word' ' put"' appearing at the end of paragraph
(a) theriof the words "and the manner thercofl';
(iii) by substituting for paragraph (3)
thercof the following new paragraph (3)-
"G) the Protection and control of
water, the sources of supply o[ water
required for human consulhption' includ-
ing inland waters;"; and
(iv) by inserting immediately after the
words':natuial resources" appearing in the last
line of paragraph (h) thereof the words "or the
DroEcti;n ind- enhancement of thc environ-
."nt", und by substituting for the full stop
appearing at ihe end thereof a semi-colon;
(c) by inserting immcdiatcly aftcr paragraph
ift; thcrcof thc following new paragraphs (i) and
0)
" "(i) thc localion or rclocati'tn of any-
a-uricultural, housing or indusrial cstatos'
iirrns. rvatcr catchmcnt areas, placos for fi'sh
or aqua culture in inland watcrs; and
the mode, manner and places for dis-
(,|)
charg-e ot water, sgwagc and other cffluent into
any inland waters and thc emission of 'smoke
into the atmospherc.";
" @ by substituting for the words "the Director
of Rpriculture. or at his request the local authority
n""i""e lrritdi.tion in rhe aiea in which such-land
i. .itr-.i"," appearing in subsection (4) thereof' the
words "the Environmental Authority";
(e) by substituting for the words "the Directo.r
or ngti"riiute or a loEal authority- at his request"
in subsection (5) thereof the words "the
"nn"urinn
E'n'uironriental Authority"; and
(fl bv insenins immediately after subsection
(5) tilereof the following new subsections (6) and
,´ ￨
(7)-
14 NATURAL REsorrRCEs (AMENDMENT)
"(6) The Yang di-pertua Negeri may,

on rhe advice of the Board, by norification
in the Gazette designate any area of land
(whether alienated or unalienated) as a conser-
vation area to tre 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'rfis
Board under subsection ( l).
(7) For rhe purpose of this section,
"land" shall include river, stream, lake, water-
coufse or foreshores.".
tunen&nent 9. There shall be substituted for section ll of the

il :iT: Principal Ordinance the following new secrion I 1-
.Board nray
oa,L*. coostruct tl. If the Board_
workr. (a) decides that the proposed works
should not be the subject of an order
under section 10; and
(b) approves such works as bcing
in thc public intercsr; or
(c) approves works for rhe protec-
tion of inland waters or the foreshores
and banks of any river againsr ero.sion
and encroachment of the sea; or
@ approves any mgasures for pre-
venting or controlling pollution and- pro-
tecting and enhancing the quality of the
. environment,
the Board may undertake, construct and main-
tain 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.',.
l::.y1:l 10. There shall be inserted immediately after

ii: "** section I I of the principal Ordinance the foilowing
new section 11A-
ｒＤ
NA箪 JRAL RESOURCES(AMENDMI〕 NT)
I ln.-(l) The Board maY, subject to

such rules as may be made under section 18,
having
impact oo hv Ortler ouhlished in thc Gazette. requlrc
uny p".*on' untlcrtaking the following activi-
ties-
(a) develoPment of
agricuitural
estalds or plantation of'qn area exceed-
ing the dimension specifi'ed in the said
Order;
clearing of forest areas for the
(D)
estdblishment of agricultural estates or
plantation;
(c) carrying out of logging oPera-
tions in foresi areas which have previously
been logged or in respect whcreof coupes
have pidviously been declared to have
been ilosed by the Director of Forests
CaP ,26 under the provisions of the Forests Ordi-
958Eこ nancc;
`′ '
\d) carrYing out of anY activitY'

including for mincrals, min-
"*pio.ation
ing, failing, clearancc of vegeution and
s"iting up of agricultural estatcs in any
ureu iuhiih in ihe opinion of the Board
may pollute or in any way -affect the
sourc;s of suPPlY of water for human
consumption;
(e) develoPment of commercial'
industrial and housing estates of an area
exceeding the dimens-ion specified in the
said Order;
A extraction and removal of rock
materials:
G) activities which maY- cause
the State or
polluiion of inland waters of
lndanget marine or aquatic life,.organism
or pla-nts in inland waters, or pollution of
the air, or erosion of the banks of any
rivers, watercourses or the foreshores and
fisheries; or
16 NATIJRAL RES()uRCIas (AMriNDMr,N'r)
(h) any other activitie.s which may

injure, damage or hdve 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 bnd
environment and any other particulars or in-
formation as may be required by the Board.
(2) Upon.consideration of such report,
and having regard to the standards and recom-
mendations 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 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) Nothing in this .secrion .shall autho-
rise or deem to have authorised the Board or
the Yang di-Pertua Negeri, in the exercise of
the powers conferred under section 18, to make
any Order, direction, guidelincs, rules or regu-
lations in regard to the environment affecting
matters over which the State, by virtue of the
provisions of the Federal Constitution, has no
legislative authority.".
Arneodrnent
of section
12 of the amended by substituting for the words "Director of
kincipal Agriculture" wherever they appear therein the words
Otdinance.
"Environmental Authority".
Amendment
ofsection
13 of the
amended-
Principal
Otdiuance. (a) by substituting for the marginal nore
thereof the following new marginal note-
"Advances, Ioans, grants in aid and t.
incentives.";
NAI-URAI- RT1SOURCES (AMENDMENT) ll
(b) by re-numbering section "13" as. section

"13.-(l)" ind by inserting before the words "local
authorities" appearing in the penultimate line there-
of the words "Government dcpartments' statutory
bodies oC'; ard
(c) by inserting immediately thereafter the
following new subsection (2)- - .
"(2) The Board maY, su'b.|ect to sr.h

rules as may be made under section l8'
provide incentives, by way of awards, grants
or other forms of monetary awards, to owners
or occupiers who carry out or complerc any
works, which are the subject of an order
made under section 10, if it appears to the
Board that they merit such incentives.".
13. Section l4 of the Principal Ordinance is of sectiotr

amendcd 14 of *!c
Principal
(a) by substituting for the words "the Director OrdrDanco.
of Agriculture or any officcr or person authonTcd

in writing in that behalf by the Board' thc Dircctor
of Agriculture or a local authority" appeirring in
subseition (1) thcreof the words "the Environ-
mental Authority or any officer or person autho-
rised in writing in that behalf by thc Environmcnul
Authority or the Board"; and
b) by substituting for the words "local autho-
rity"'appearing in parigraph (b) of subsection (2)
thereof the words "Environmental Authonty .
14. Section l7 of the Principal Ordinance is of scction
amended by substituting for the words "Director of l7 of tho
Agriculture; wherever irey appear therein the words kiDcipal
Ordinarce.
"Environmental Authority".
15. Section l8 of the Principal Ordinance is

of seaiou
amended- 18 of the
PriDcipd
(a) in paragraPh (c) thereof- Ordinatrc€.
(i) by substituting for the words ''local

-l authorities; appearing in' the second- line thereof
the words "tlie Envi-ronmental Authority"; and
００
(ii) by substituting for rhe word "them"

appearing at the end thereof the words "the
Authority";
(b) by inserting immediately after the word
"land" appearing at the end of paragraph (g) thereof
the words "or water";
(c) by deleting the word "und" appearing\ at
the end ofparagraph (rn) thereof; and
@ by substituting a semi-colon for the full-

stop appearing at the end of paragraph (a) thereof
and by inserting immediately thereafter the follow-
ing new paragraphs (o) to (z) and (A) to (D)-
"(o) prohibiting or restricting the entry
into, or movement within, a conservation area
of person.s, vehicles, boats or animals;
(p) prohibiting or restricting the billing,
taking, molesting or disturbancc of living
erdaturcs o[ any tlescription in a conscrvation
arca, the taliing, dcstruction or disturbance of
cggs of any such creatures, the taking of, or
interference with, vegetation of any descrip-
tion in a conservation area, or the doing of
anything therein which will interfere with thc
soil or damage any object in a conservation
area i
(q) prohibiting or restricting the shooting

of animals or birds or of animals or birds of
any description within a conservation area
(whether the area be of land or of sea)
as appears to the Board requisite for the
proteclion of a conservation area;
(r) the protection and preservation of

plants or geological or physiographical fea-
tures of special interest in a conservation area;
(s)prohibiting the depositing of rubbish

and the leaving of litter in a conseivation area;
NATURAL Rじ SOURCES(AMENDMENl) 19
(r) prohibiting or regulating the opcn

burning of refuse or other combustible matter
in any area of land constil.uted as local
authority area, national park, nature reserve,
wild life sanctuary, forest reserve, prolcctcd
or communal forest;
(u) prohibiting the discharge, emission or
deposit into the environmerit gf any matter'
whether liquid, solid, or gaseous, or of radio-
activity in any prescribed area as appears to
the Board requisite for the protection and
enhancement of the environment;
(v) prohibiting or regulating the pollu-
tion of inland waters or of the atmosphere or
soil in any prescribed area as appears to the
Board requisite for the protection and enhance-
ment of the cnvironment;
(r) prohibiting or regulating any acti-
vity which may have significant environ-
mental impact in thc atmosphcrc or on the
soils or in thc inland \\'atcrs ol thc Statc;
(.r) prohibiting the occupier of any
premises from cmitting, discharging or depo-
iiting pollutant.s into thc atmospherc which
by virtuc of their naturc arc obnoxious or
offensive;
Cy) prohibiting or restricting thq lighting

of fires in any area, or the doing of anything,
likely to cause unmitigated destruction of
vegetation or pollution of or damage to 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 protecdon and en-
hancement of the environment;
― (A) prescribing penalties (not exceeding

a fine of fifty thousand ringgit or imprison-
￨
20 NATURAI- REsouRCEs (AMENDMENT)
ment for ten years) for any breach or failure

to comply with such rules;
(B) prescribing the offences which may
bc compounded, the persons who may com-
pound, 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
damagc caused to the environment by the acts,
omission, neglect or default of that person;
and
¨ｆ
(D) all mauers or things which
ｏ
ｒ
necessary orexpedient to be prescribed
giving effect to this Ordinance.".
or 16. The Principal Ordinance is amended by insert-
Insertioo
fi; i# ' ing immediately aftir section 18 thereof the following

vr. new Part V and Part VI-
FuNn ano ;,:::^) pnovrsroNs
rhe 19.-(l)
Futrd or
Board For the purposc of enabling the
Board to is obligitions and funcr]ons,
ort
"irry
thcrc 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 appro-
priated from time to time by Dewan
Undangan Negeri;
(b) all monies received from time to
time by way of grants from the Federal
or State Government;
(c) monies earned by the operation
of any project, scheme or enterprise
finariced from the Fund;
つ４
NA'nJRAI- RESoURCES (AMIINDMENl)
(A such sums as may be Paid tiom

time to time to the Board from advances
or loans made by the Board;
(e) monies receivcd bY waY of
interests or dividends earncd liom invcst-
ments in respect of monies held in the
Fund;
(flcomPound fees and comPensa-
tion re,ceived by the Board pursuant to the
provisions of this Ordinance or any rules
made hereunder; and
k) 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 duqies.
¨
20. It shall be the duty of the Board to

conserve the Fund by so performing, exercising
and discharging its function.s, powers and
duties undcr this Ordinancc :Ls to securc thaL
thc total rcvLrnuus ol thc Board arc, subjcct
to any ilirections given by the Minister,
sutTicient to mect all sums properly charge-
able to its revenue account, including depre-
ciation and intcrest on capital, taliing onc ycar
with another.
Expetrditure 21. The Fund shall be expendcd tbr the

to he
purposes ot-
clwged
on Fund.
(a) paying any expenditure lawlully
incurred by the Board, including legal
t'ees and other l'ees and costs, and the
salaries, remuneration and allowances of
members, Committees, ofticers and
servants aPPointed and omployed by the
Board, iniiuding superannuation allow-
ances, provident fund. pen.sions and
gratuities;
., \b) PaYing any other exPenses'

-eipenditure
costs or properly incurred
22 NA'|(JRA!. RESOIJRCI:S (AMIiNDMIiN'l')
or accepted by the Board in thc perform-

ancc of its functions or thc excrcise of it.s
functions and powers under section 5;
(c) granting loans, advances, incen-
tives or other financial assistance
approved by the Board;
(A purchasing or hiring equipmenr,
vehicles, machinery, stores and any olher
materials, acquiring land and erecting
buildings, and carrying out any other
works and undertakings in the perform-
ance of its functions or the exercise of
is powers under section 5;
(e) repaying any monies borrowed
under this Ordinance and the interest due
thereon; and
A generally, paying any expen.ses

for carrying into effect the provisions of
this Ordinance and any rules made hcre-
under-
ExPcildimrc
and
22.-(l) Thc expcnditure of ttrc Board
preparauoll up to such amount as may be authorised by
Of the Minister for any one year shall be defrayed
estinlatcs
out of the Fund.
(2) Before the bcginning 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 authorised
for expenditure generally or the amounts
authorised 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 pafi of the additional expendi-
ture included therein.
NATIJRAI, RESO{ IRCES (AMENDMF,l{D 23
は綱
０ｌ
¨
23.-(l) Thc Board

shall keep proper
ｉ
ｔ
蝕
accounts and othcr rocords in respect of its
oDerations, and shall causc to bc prepared a
.ut"rnanr of accounts in respect of each
financial year, and shall submit the same to the
Auditor-General or other auditor appointed by
thc Board for audit.
(2) After the end of each\ financial year,
as soon as the accounB 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 stat€ment and report or observa-
tions to be laid on the table of the Dewan
Undangan Negeri.
llonowiug 24. -fhe Board may, from time to timc'

with thc approval of the Minister, borrow' at
such rate ni int"."tt :rnd tbr such pcriod and
upon such terrns as to the time and method
oi repaymcnt and otherwise as the Miniser may
approvc, any sums required hy the-Board for
mcctlng any of its ohligations or dtscharglng
any of its duties.
Governmerl( 25. The Government may, uPon the

loals or
grants.
recommendations of the Minister, make
advances to the Board, either by way of grant
or by way of loan, or partly by grant o-r. partly
bv lban. and uDon such terms and subject to
srlch conditions as the Government may think
fit for the purpose of assisting the Board to
perform any function which it is empowereo
io perform by virtue of this Ordinance'
Iav€s{ment 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'
24 NATURAL RESOURCES (AMENDMENT)
PART VI
輛
中 Mlscpr-r-aNEous PRovrsroNs
27.-(l) The Board shall, as soon as

practicable aftcr the end of each financial
year, cause to be made and transmitted to
the Minister a reporr dealing generally with
the activities of the Board during the pibbed-
ing financial year and containing such inform-
ation relating to the proceedings and policy of
the Board as the Minister may frorn time to
time direct.
(2) The Minister shall cause a copy of
every such report to be laid on the table of
the Dewan Undangan Negeri.
Dut1, of 2S:. In the exercise of its functions under

uthmities
as respccls this Ordinance, it shall be the duty of the
agn<llture Board and the Environmental Aut[rority to
and
forestry.
have due regard to the needs of agriculture
and fore.stry.
IP:鍔作 lき等塾lギ予
provisiOns Of this ordinancc
ょ
書礎
shOuld bc
pcrson:
Providcd that nothing in this scction shall
蝋讐為d曝鳳 .J any pOW∝ Юmake

Specific 30. Any person who-
Ｏｉ
offences.
burns, cuts or destroys vegeta-

ｎ
Ｏ
ｎ
any conservation area;

lt
NATURAL RESOURCES(AMENDME鴎 25
(D) knowinglY does any act or

conducts any activity which pollutes or
contaminates anY inland walers; or
(c)
submits to the Board a rcport
under section lle containing any facts,
data or information which he has reason
to believe is false or calculated to deceive
\
the Boeird,
shall be guilty of an offence: Penalty, a fine
of ten th6usand ringgit and imprisonment for
three years.
Dcfadt in 3 Where anY direction or nodce or

l.
∞ mpliallce
wlth noucc
order requires any act to be done or work to
or order be executed undei this Ordinance or to refrain
from the doing of any act or activity within
the Deriod speiificd therein by the Board or
'Environmental Authority and default is
the
made in complying with the rcquircment ol
such notice oi ordcr, thc authority' body or
person in dcfault shall be guilty of an offcnco
and shall, where no ponalty is specially
provided in this Ordinance for such default,
bn conviction he liable to a fine of ten
thousand nnggit or to a teffn o[ imprison-
ment not exl-eeding five years or to both
such fine and imPrisonment.
鶉 R「出:憚』き
鮮ぽ1鱗 t31rttd息
露i∬ 鑑 fl』 :T謬 1::
:忠 ∬
r滞
`￨ 1:° :朧 ∫ 1ぼふ瀧 li∬ 1語
『
26 NA1URAL RESOURCES (AMENDMIINT)
(2) A li.st of any such rool, equipment,

maohinery, goods, vessel, vehiclc, conveyance
or natural resources seized under subsection
(l) shall be compiled by rhe police officer or
person authoriscd to carry out the seizure and
submitted to the court having jurisdiction over
the offence at the time when the person charged
with the offence is produced in court
\
(3)Upon conviction of a person of any
offence under section 31, the court may order
the confiscation, sale or disposal of the items
of properties contained in the list submitted
under subsection (2) and the proceeds from
such sale or disposal shall be paid over
to the Board.
Power to
prosecute
33.-(1) The prosecution of any offence
and legal
against this Ordinance or any rules or regula-
represeDta- tions made hereunder shall be conducted by the
tion.
Secretary of the Board or any person specially
or generally authorised by him.
(2) In rcgard to any suit or proceeding
o1'a civil nature by or against thc Board, the
State Attorney-General or any person duly
appointed or authorised by him shail re-
present, appear and plead on behalf of the
Boarci in any court having jurisdiction over
such suit or pr<lceedings.
(3) For the purposes of subsection (2)
only, the word "Board" shall include any
.. member of the Board or any Committees
established under subsection (9) (D) of section
3, its Secretary and any person appointed or
employed under subsection (9) (a) of section 3
discharging the functions of the Board or
carrying out its orders or directives.
PubLc
servants
34- All members of the Board or any
Committees, the Secreury and other officers
and any person appointed or employed by
AM, the Board shall be deemed to be public
Cap石
servants within the meaning of the Penal Code,
NA■ URAL RESOURCS (AMじ NDMENT) 27
and public officers within the meaning of thc

Act 57. Prcvintion of Com.rption Act, 196l '
personar 35. No mcmber of lhe Board or any
,rnmuo,ry of Cummitrccs, olficors or employccs of the
iiiiilfJ';* Board or any other person whomsocver actrng

ernproyeas. unrler rhe rtirecrion o[ the Board shall bc
personally liable for any act or default of^ the
board done or omitted to be done in good faith
and without negligence in thd course of the
operations of the Board.
public 36. The Public Authorities Protection

Au&oduqs Act, 1948, shall apply to any action, suit,
i:lTdt prosecution or proc*dlngs against the B-oard
ii' pe' br Committees or against any member, officer,
employee or agent of the Board in respec't ol
uny u"t, neglecl.or default done or committed
by any of them in such caPacitY'
securiry ror 37 . Nothing in this Ordinance shall
p,*,"r,'"n Drevent any peiSon from b.'ing prOsCcuted
illl' -"" undcr anv
uoalcr (rncr
othtr writtcn law f.r any act or
-which
omissitttt constitutes an ot'fencc under
this ()rrlinancc or any rulcs 'rr regulaliuns
madc hercundcr or being liable undcr that
written law to any othcr higher punishmenr or
penalty than that prcscribed by this Ordinance
or the rules and iegulations madc horeunder:
Provided that no person may be punished
twice for the same or similar offencc'"'
‐
￨
28 NATURAL RbsouRCES (AMENDMENT)
DCerAK… PERCETAKAN NAS10Ntt MALAtt BERIIAD.KUttNQ SARAW懸￨‐

BACI PELAK DAN DENCAN KUASA PERINrAH KERAJAAN
i ´
LAWS OF SARAWAK
１
Chapter A53
４
NATURAIン RESOURCES AND ENVIRONMENT

(AMENDMENT)ORDINANCE, 1997
Date Passed by Dewan Undangan
Negeri ... 14th November, 1997
\
Date of Assent ... 27th November, 1997
Date of Pubtication in Gazette 4th December, L997
11
1
LAWS OF SARAWAK
Chapter A53
NATURAL RESOURCES AND ENVIRONMENT
(AMENDMENT)ORDINANCE,1997
Arz O″ ごJ4α ′c` ′θ α魔グ ′ んθ Nα ′ rα J R`∫ θ rc`s Cap解

απご J9′ リソJrο 4“ Orグ J“ α`“
れε “ “ 958[弘リ
`4′ `. `′
Enacted by the Legislature of Sarawak-

1. This Ordinance may be cited as the Natural short titte
Resources and Environment (Amendment) Ordinance, T9_.T-.
mencement'
1997, and shall come into force on such date as th
Minister may, by notification in the Gazette, appoint.
2. Section 2 of the Natural Resources and Environ- Amcndmcnt

ment Ordinance (hereinafter referred to as the "Princi- or section 2.
pal Ordinance") is amended by inserting immediately ?f{i;i, )
after the definition of "conservation area" the following
new definition:
" "Controller" means the person appointed
pursuant to section 3(9) to the office of Controller
of Environmental Quality, and includes a Deputy
Controller;".
3. Section 3 of the Principal Ordinance is Amendm"nt

amended- ofsection 3.
(a) in subsection ( I )-
(i) by re-numbering paragraph (c) as
paragraph (d);
(ii) by re-numbering paragraphs (d), (e),
A, (g), (h), (i) and (7) as paragraphs (f), (g),
「
(h), (i), (i), (k) and (/) respectively;
2 NATURAL RESOURCES AND ENVIRONMENT
(AMENDMEITT)
(iii)
by inserting immediately after para-
graph (D) the following new paragraph (c):
"(c) the State Attorney-General or
his nominee;";
(iv) by inserting immediately after |ara-
graph (d) the following new paragraph (e):
"(e) the Permanent SecretarY to the
Ministry of Resource Planning or his
nominee;";
(v) by deleting the words "and Tourism"
in paragraph 0D; and
(vi) by substituting for the word "five"
in paragraph (l) the word "three";
(b) in subsection (2Xa), by substituting for

the words "The Permanent Secretary to the Ministry
of Resource Planning" the words "The Controller",
and
(c) in subsection (9)-

(i) by re-numbering paragraphs (a) and
(D) as paragraphs (D) and (c) respectively;
and
(ii)
by inserting the following new para-
graph (a):
"(a) of Envi-
aPPoint a Controller
ronmental QualitY who shall be the
Principal Administrative Officer of the
Board;".
Amendmenr 4. Section 5 of the Principal Ordinance is

of section 5. amended by deleting paragraph (a).
Amendmenr 5. Section l0 of the Principal Ordinance is

of section 10. amended-
(a) by substituting for subsection (1) the

following new subsection:
NATURAL RESOURCES AND ENVIRONMENT 3
(AMENDMENT)
"10.-(1) The Controller if he consi-

ders-
(a) that measures are necesSary
for--
(i) the conservation of, or the
prevention of injury to, natural re-
sources; or'
(ii) the protection and enhance-
ment'of the environment or the pre-
vention and contrbl of such activiiies
which may -cause pblhition,
either within a conservation area or in
any other area or on iny 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 conser-
vation area, ttther area itr land, \
may order in writing the orvner or occupier,

￨.
as the Controller may decide, to undertake or
adopt such measures as he may deetn necessary
for the conservation of natural resources or the
protection and enhancement of the environment
in such conservation area, other area or land.";
(b) by substituting for the word "firing" in
line two of paragraph (e) of subsection (2) the
word "burning";
(c) by substituting for paragraph (d) of sub-
section (2) the following new paragraph:
"(A the method of the cultivation, clear-
ing and disposal of vegetation either within
any conservation area or any other area or
on any land;";
(d) by substituting for subsection (3) the
following new subsection:
NATURAL RESOURCES AND EI{VIRONMIINT
(AMENDMENT)
"(3) Any person who, without reason-

able cause, fails, neglects or refuses to comply
with or carry out any order made by ihe
Controller under subseition (l) shall be guilty
of an offence: Penalty, in the case of a first
offence, imprisonment for one year aqd a fine
of ten thousand ringgit and, in the case of
a second or subsequent offence, imprisonment
for two years and a fine of twenty thousand
ringgit. A court in addition to any penalty
imposed shall also make an order requiring
the person guilty of the offence, to cbmply
with the order of the Controller within such
times as the court may specify."; and
(e) by substituJing for the full srop at rhe
end of subsection (4) with a coma, and adding
thereto the words "and recover the cost and expensei
so incurred from the owner or occupier of such
Iand.".
Amendmcnt
of scction 14
6- Section l4(l) of the Principal Ordinance is
amended by substituting for the word "Board" in line
six the word "Controller". t*
Antc-ndrrtcnt
of section 18.
7. Section I 8 of the Principal Ordinance is
amended by substituting for paragraphs (fl and (/i) the
following new paragraphs (fl and (lz) respecrively:
*A prescribing fees for the submission and
approval of any reports submitted pursuant to an
order or direction issued by the Board under this
Ordinance, and for the issue of permits;
(h) regulating or controlling the clearing,
burning, removal, disposal or destruction of vegeta-
tion and the procedure for applying for permits
for the clearance, burning and disposal of vege-
tation;".
New secrions 8. The Principal Ordinance is amended by substi-

30 and 30't' tuting section 30 with the following new seciions 30
and 30a:
NATURAL -*:^',I:ffi,fJ*'r,t*''*oNMENr s
"specific a0--( I) Any person rvho-

offences.
(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 .uu..i'or
permits to be
used, any land for the deposit of refuse,
without written permission of the Controller
of twenty thousand ringgit and imprisonment
for three years.
(2) Any person who, without the written
permission of the Controller, cuts, destroys and
burns vegetation in any area which is not Native
Customary Land. shall be guilty of an offence:
Penalty, a fine of thirty thousand ringgit and
imprisonment for three Years.
ir " (3) For the purpose of subsectron (2),

:
t
"Native Customary Land"shall have the sanlc
Cu. 81. meaning as assigned to this expressiotl in the
t- rtdss ea t Land Code.
Miscetlaneous 30n. Any person who--
offcnces.
(a) knowingly does any act or con-
ducts any activity which pollutes or con-
taminates any inland waters; or
(b) submits a rePort Pursuant to an
order made under section 11e, containing
facts, data or information which he knows
or has reason to believe is false or cal-
culated to deceive the Board,
of fifty thousand ringgit and imprisonment
for five years.".
9.
Section 3l of the Principal Ordinance is Amendment
of section
31.
amended-
(AMENDMENT)
(") by inserting immediately after the word

"Board" in line four the words "or the Controller,,;
and
(b) by substituting the word .,ten', in line

ten with the word "twenty".
.. ..,
CW:き
Ｎ３３
ｃ２，２
ｗ
tttSttlFittP寵需鳥鑓
３
誌
Ｂ
投
:
“
脚鍔驚憾i織 1袖壼犠
五轟fttL嶽凝聯鸞
under.
(2) Any officer authoriz.ed by rhe Con_

troller may. in respect of an offence committcd
under this Ordinance or any rules made there-
under, exercise special powers in relation to
police investigation except that the power to
t:.i,ts.
Cap, 6
arrest without a warrant given by the Criminal
Procedure Code may not be exercised by him.
powcr or 32x-(l) Where there is any reason to

seizure' 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, inves-
tigating 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.
NATURAL RESOURCES AND ENVIRONNIENT
(AMENDMENT)
(2) Where it is proven to the satisfaction

of the court that any thing seized pursuant
to subsection (l) 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 for-'
feited 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, hs the case may
be, for the return of the thing seized.
Offcncc by 329. Where an offence under this Ordi-
bodics of
pcrsons
nance or anv rules made theretrnder is com-
nritted by a cornpan). a firm or societl, or
any other body of persons, any person who,
at the time of the commission of the oft-ence,
was a direc(or, manager or other similar officer
of the colrpany, or a partner or manager ol
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 con-
nivance and that-he had exercised, such dili-
gence 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.".
11. Section 33 of the Principal Ordinance is Amendment
of section 33'
amended-
(a) by substituting for the words "Secretary

of the Board" in line two of subsection (1) the
word "Controller"; and
3・
NATURAI- RESOURCES AND ENVIRONMENT
(AMENDMENT)
(b) by substituting for subsection (3) rhe

following new subsection (3)
"(3) For the purposes of subsection (2),
the word "Board" shall include any member
of the Board or the Controller or any.person
appointed or employed under section 3\9XD)
or any Committee established under section
3(9)(c).".
・・・︲
Amendment 12. Section 34 of the Principal Ordinance
Ｓｎ
of section 3a.
amended by substituting for the word "Secretary"
line two the word "Controller"-
DiCETAK OLEH
PERCETAKAN NAS10NAL MALAYSIA BERHAD. ‐
KUCHINC SARAWAK
BACI PiHAK DAN DENCAN KUASA PERINrAH KERAJAAN SARAWAK
LAWS OF SARAWAK
Chapter A86
NATURAIノ RESOURCES AND ENVIRONⅣIENT
(AⅣ IENDⅣ IENT)ORDINANCE,2001
`
Date Passed by Dewan Undangan
血ｈ
１１３
´
１８１
●
Negeri ... May, 2001
ｔｓ
Date of Assent ... NIIay, 2001
ｔ
Date of Publication in Gazette May,2001
一く
ｌｔ
，

１︺
＾‘
l
LAⅥ /S OF SARANヽK
Chapter A86
(AⅣ IENDMENT)ODINANCE,2001
″劇 R`Sθ 澪 κグ助ガ″燿

θd傷 :‰ F写雀紹 %Υ “ “`″
^α
[Ist June, 20011
Enacted by the Legislature of Sarawak_

Short title and commencement
1. This ordinance may be cited as the Naturar Resources and
Environment (Amendment) brdinance, 2001, and
shail come into
force on the lst day of June, 2001.
Amendment of long title

Th-c^long title .f the Naturiri Rcs,urces and lrnvironrnent
ordinance. tc,op- 84 (lgst Ed.)l \in this ordinun."
."t...ecl t. as
the "Principal ordinance") is amended uv aaJing i**"olrt.ry
after
the word "resources" the wor<Is "ancr- the *iru!"n of the
environment". "nt
Amendment of section 2
3' Section 2 of the principal ordinance is amended-
. !q) by substituling the definition of "locar authority,, with
the following new definition:
.
"
"local authority', shall have the same meaning
assigned to it in the Locar Authorities ordinanc e, 1996
[Cap. 20];":
(q) by substituting the definition of "polution,, with the
following new definitiJn:
" "poilution" means any direct or indirect arteration
of^ the
-
physical, thermal, chemical o. UioiolicA properties
of any part of rhe environment Uy Oischa?gin!,'
or depositing wastes in such amount or concentration
"ri_,irring
by the emission of noise or vibration, so u, -io
or
u
"uor.
2 NATURAL rrrrSOLJrrCES AND BNVTRONMENT (AMENDMENT)
condition which is hazardous or potentially hazardous to

public health, safety or welfare, or to animals, birds, fish
or aquatic life, or to plants;"; and
(c) by inserting in the appropriate alphabetical order, the
following new definitions:
" "Deputy Chairman" means ttre Oepuil) Chairman
of the Board appointed under section 3(1e,);
"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 environ-

ment in regard to the use, exploitation or development
of any of the natural resources of the State;
"envimnmental elemeilts" means the constituent pilrts
of the environment including the atmosphere, vege[ation,
land, soils, water (both inland and subterranean), wild life
and animals;
"environillental ntanagement system" means a systenl
or process comprising of an organisational structure with
its responsibilities, procedures, practices and control for
the overall management and protection of the environment;
"municipal wastes" means any refuse orwaste 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;
"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;
or
NATTJRAL RESOURCES AND ENVIRONMIINT (AMENDMENT)
(b) any burning of materials in connection with

the performance of religious rites or ceremonies, and
funerals; or
(c) any fire used in connection with preparation
"scheduled wastes" means any Vaste prescribed as

such pursuant to regulations made under the Environmental
Quality Act 1974 [Act 127];
"soil" includes earth, sand, rock, shales and mineril
deposits;".
4. Section 3 of the Principal Ordinance -is amended-
(a) by substituting paragraph (&) of subsection (1) with
the following new paragraph:
"(b) a Deputy Chairman;";
(bl by deleting rhe rvords "to be appointed by the Yang
di-Pertua Negeri" in paragraph (1) of subsection (1);
(c) by adding immediately after subsecrion (l) rhc fol-
lowing new subsections (ln) and (ls):
"(le) The Deputy Chairman and the memtrer.s re-
to in paragraph (/) of subsection (1) shall be appointed
-ferred
by the Majlis Mesyuarat Kerajaan Negeri.
(ls) (a) The Depury Chairman shall-
(i) have overall control and responsibility over
the affairs and business of the Board;
(ii) give direction on the implementarion of all
policies, decisions, directives and orders made by the
Board to the Controller; and
(iiD have such other duties and functions as may
be specifically assigned to him by resolution passed
by the Board.
-l
I
(D) For the purpose of discharging his duties and
41. functions under paragraph (a), the Deputy Chairman shall
I
have access to statutory books, records, accounts, reports
and other information and data kept by the Board.',;
4 NAI'URAL RESOURCES AND ENVTRONMENI'(AMENDMENT)
@ by adding immediately after the word "of in line

one of subsection (3) the word "the Deputy Chairman and",
and by substituting the letter U) in the same line, with the
letter (/); and
(e) by substituting the words "Yang di-Peqrua Negeri"
inparagraph (a) of subsection (3) with the words "Majlis
Mesyuarat Kerajaan Negeri".
5. Section 5 of the Principal Ordinance is amended-

(a) by substituting the words "Water Supply Ordinance"
in paragraph (c) with the words "Water Ordinance, 1994 fCap-
l3I': and
(b) by substituting the words "inland waters" in paragraph
(r0 with the words "environmental elements";
(c) b1' srrl.lstituting paragraph (/) w'ith the tbllowing nera'
paragraph:
"$) to draw up, or to direct the preparation of,

devetop and implement environmental management system
for zrny conservation area or ally region or specific arca
of the State or in relation to any prescribed activity;";
@ by re-numbering paragraphs (tn) and (ru) as paragraphs
(p) and (q); and
(e) by inserting immediately after paragraph (/) the

following new paragraphs (rn), (r) and (o):
"(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;
(n) to direct any Environmental Authority to under-
take environmental monitoring and to make periodic report
to the Board on the implementation thereof;
(o) to direct any body or person to carry out
たｏ
environmental audit of any prescribed activity undertaken

by him and provide a report to the Board;"-
NATURAL RESOURCES AND ENVIRoNMENT (AMENDI!,IEN.T)
5
6. Section 8 ol'the principal ordinance is amencled by adding

immediately after the word "it; in line two of subsection (1) and
immediately after the words "the Board,, at the end oi subsection
(2), the words "or the Controller,,.
_...
\
7. section 9(D) of the principal ordinance is amended-
. -. (a) by inserting immediatery after the word ..schemes,,
in line two the words "and environmental
-urug"*"nt system,,;
-.
(b) by substituting the worls ..yang di_pertua Negeri,,
in line four with the words "Majlis Mesyuarlt rerajaan Neg"eri,,;
and
(c) by inserting immediatery after the word .'resources,,

in line six the words "or the protection and enhancement of
the environntent".
l\ntendment of heading to part EII
8- The heading ro parr
III of the principal ordinance is amended
9y-19!*g rhe worcls "AND pRoTECTIoN oF THE ENVIRON-
MENT" afier the u,ords .,NATURAL RESOURCES,,.
Amendment o[ section l0
9. section l0 o[ the principal ordinance is arnended-
b) by deletin_g the word .,and', at the end of paragraph
(i) of subsection (2);
(b) by substituting the full stop ar the end of paragraph
o of subsection (2) with a semi..or,';
colon, and by insJrting
immediately thereafter the word and
.
(c) by inserting immediately after paragraph (7) of sub_
section (2) the following new paragraph:
. "(k)^
tation
the preparation, development
of an
and implemen_
environmental managiment system, to be
approved by the Board, for any area or lind described
in the order and within such time as may be stipulated
therein."; and
NATURAL RESOURCES AND ENVIRONMENT(AMENDMENT)
vith the fo1lowing

(ご)by Substituting subsections(4)and(5)、
ne、 v subsectionsi
“(4) ヽVithOut praudice to subSection(3),where an

order madc under subsection(1)iS nOt COmplied With by
eB。肛 d may dК ∝ hW五 ing,
'ぬ
ilu聡 :lI載￨ぶ 11=雷 ':∬
o帆山c КqdКmetts」盤 1嶋諄∵ 損駆増fT胤
or acts stipulatcd thercin,and tO recoVer the costS thereby
incured from the person ヽ VhO fails, neglects or refuses
to comply with the order.
(5) Where an advanc6 or incentivc is given to an

猟
:高品cl織:‰ 恩蝋盤:nl)盤詭胤,乳』
or rcluses to COmply with the order,or where an EnVi―
rollnlental Authority is directcd tO execute the works under
subscction (4), such advanCe, incentive or the amount of
costs and cXpenses incurrcd in caⅡ ying out and complete
vorkS, Shan bc a debt due by the owner
the requisite 、
or occupicr of thC land to thc Govemmcnt and until the
costs tlnd CxpenscS thereof are fully discharged, intcrest
shall bc charged or lcVicd thCreon at the ratc of tcn pcr
centunl per annum.".
AIllcndment Of SCCtion llA

10。 ScctiOn llA Of thC Principa1 0rdinance is amended一
(α ) by dCleting thc WOrd “or'' at the end of paragraph
む);
(b) by renumbcring paragraph(72)aS paragraph O);and
(ε ) by inserting immediately after paragraph (g) the
following ncw Paragraphs(あ )and(J):
:鴫 :糧 1盤 ∬∬
hndIPore甜な枇棚t鶴 ,°
municipal wastes;
(j) eStablishment or construction of any plant or
facility for th9 treatment of sc"agじ and waste wat∝ ;0「
'.
AInendment of section 18
11. Section 18 of the Principa1 0rdinancc is amcndcd一
NATURAL RESOURCES AND ENVIRONMENT(ANIENDMENT)
(a) by substituting paragraphs (p), (q) and (s) with the

following new paragraphs (p), (q) and (s) respectively:
´ｌ
"(p) the development, implementation and regulation

of any environmental management system;
(q) the manner and procedure for unclertaking any
environmental audit and the preparation and submission
of report arising therefrom to the goald and the action
and activities to be undertaken resulting from such report;
(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;",
(.b) by substituting paragraph (r) ri,irh rhc follor,l,ing:
"(/)
prohibiting or regulating thc opcn burning ol'
refuse, municipal waste or other combusiible mattei;,,;
. (.c) by deleting the words "in any prescribed a.rea,' in

line three ol' paragraph (r,): and
(d) by substituring paragraph (_y; with thc fbllowing new
paragraph:
"(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 en-
vlronment;".
12. Section 29 of the Principal Ordinance is amended by adding
immediately after the words "the Board" in the marginal note and
in lines three and seven of the text the words "or tlie Controller".
Ameudment of section 30
13. Section 30 of the Principal Ordinance is amended-
NATURA t_ R ESOLi RCtrts AN D IIN VtRONN,t EN.f (A MDN I)MEN.l_)
(u) by substituting the word "and" in line two of subsection

(2) with the word "or". :rnd inserting imrnediately after the
words "Native Customary Land" in line four the words "or
Native Area Land", and
(b) by inserting immediately after the words "Native

Customary Land" in subsection (3) the words. i'and "Native
Area Land" ", by suhstituting the word "meanin!" with the
word "meanings", and by substituting the words "this expression"
with the words "these expressions".
New sections 30u and 30c
14. There shall be addetl immediately after section 30,q the
following new sections 30s and 30c:
"Pollution of land, etc.
30s.-(l) No person shall, ttnless he is calrying out any

activitir or I'unction pcrrriitted b-v the Board, pollute or catlse
()r permit to bc pollutcri arty soil or surtaco of an1" larrd.
(l) Notwithstantlinc tltc generalitv ol- sttl-rscctiott (l), a
pelson shall be deetttcd to pollute any soil or surlace tll' any
land if- -
(a) he placcs in. or drolts or spills on aI)\/ stlil or
in any place wherc it pernteates any soil, any lllattcr whether
liquid, solicl or garieous; or
(b) he establishes on any land a rcfuse tlttmp, 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 offensir,e 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.
(3) Any person who contravenes subsection (l) 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.
NATURAL RESOURCES AND ENVIRONMENT(AMENDMENT)
Presumption
30c:- [n any pr.secuti.rr of an olfence under section 30
or 30s, where it is proved that reflse has been tleposited or
open burning or p.llution or' the soir has o."ro"d, on any
land, the owner or occupier thereof shall, until and unless thL
contrary is proved, be deemed to have carried out, carrsed or
permitted the deposit of such'refuse.or oiie4 burning or pollution
of the soil, as the case may be.',.
15. secrion 1: oL
.the.
principar ordinance is amended by
substituting subsecrion (l) with the following new subsection (li:
"(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 authorizedby him under section
377 of the Criminal procedure Code [A;t Sg3],,.
16- Sectio. 34 of the prirrcipal ordinlurce is amenderi--
(tt) bv suL-rstitrrting thc rr,,r'rrtls "pr-r:r,entiorr ol' corruption
ヽ
３
Act, I961" in line sevcn rvith trre rvorcis "Anti-Corruption Act

1997 [Act 5751. antt
(b) by deleting the words ..Acr -57,, in the malgin.
︱︱ ● ！︰︰︱︱︱ ●
10 NATURAL RESOURCES ANDじ NVIRONMENT(AMENDMENT)
NURUL HIDAYAH BINTI MD SANDOLLAH

PENOLONC PENGARAW N41 J脅
υNIT SuM● ER MANuSIA NEGER: ・ .^
JABATAN KETUA MENTER!
DICETAK OしじHPじ RC:〕 TAKAN NAS10NAL MAl´ AYSIA BERHAD KUCHINC SARAWAK
Tcl:082‐ 24113! 24:132 248876 Fax:082‐ 412∞ 5
、‘ ＾．
E Rla‖ p● lnbkcOprintnasional com illy
漱器 l瞭 3W:楷 Kiif(LШ :I PEttNTAH KERNAAN SARAWAK

，
一■

Natural Resources Ordinance (Chapter 84)

Uploaded by

Document Information

Original Description:

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Natural Resources Ordinance (Chapter 84)

Uploaded by

Copyright:

Available Formats

NATURAL RESOURCES ORDINANCE

(inCluding amendments up to 2001)

Natural Reswcts (31日 F〔 84

∠″ Ordi″α77εC F0 60れ まブidα

112′ た D`G`燿 bσ ,1949.1

2. h this Ordinan― Inta_

laturalぃ ourocs"Incans thc soil,vcgetatioll,

and waters of SarawJヒ

魅ril」 鰹 鳥w鴨臓ぶL『 lF∬ 攪翻

4.-( l) Seven ttletnbers of the Board 5[nll 661- Qrr.rrrnr

stitute a qtloruln, :,","td;:'"

shall consist of persons appointed otherwise than by

lAmended bY Ordinance 19 of 1954)

(/r) to rnakc reconlrend a tions in connection

(3) Any person sullltnoned to give cvidence or.to

. (a\ qenerallv co'opcrate with and assist thc;["fl::'i'"'

Covcrnor, illldcrttrke Ilre construction of works

(3) If any owner or occuPier of land flils or neg-

(b)apprOvcs Or stlch works as bcing in thc

thc DircctOr of Agriculttirc illay cOnstruct and main―

(1)thc protcctiOn Of thc source,'c・ qursc and

(li)the dispOsal anc contr01 0f watcr including

(i:1)the mitigation and prcvention OF soll

(2) If the Board is ol opinion that, havinq resard

if-any, to be borne by'the bovernmcnt and- the ;rriJi;j

(3) The amount of payment or contribution fixed

13. Subjcct to and in accordance with any rules Advrncc.,

ing oLrt his powers or duties under this Ordinance he

as a true copy, shall until the contrary is proved, be

18. Thc Govcrnor in CounCil may meko rulcs nuu.

(g) rcgulating and controlling tho usc of land;

(lr) prohibiting, restricting or controlling thc

(i) or controlling the

. (k) prescribing manner of

(0 thc prescrvation an0 protectio)r of thc

lParagraplts (g) to (n) inserted by Ordinance l8 ol

15, Oovernor :n Counc‖ may grant o1l oxplondon HcCnCC

01L PROSPrr:NO LIcENC13.

19. Oovernor in Counc‖ may grant oll prolpectin3 ‖Cenoo

NATURAL RESOURCES(ANIENDⅣ IENT)

Date of Assent ..。 …. ¨

Date of Pubucation in Cazθ

NATURAL RESOURCES (AMENDMENT)

An Ordinance a urcnd the Naural Resources cap: 8!

Enaced by the L,egislature of Sarawak-

"Natural Resources O.ai"o*"::- upp"uti"5'-in section I :1 ;;:*' '

* ,tt" :i;ncipat O.aina"ic"l tirc words "Natural [d"fi*

\2) Wherc, upon rhe coming into forcc of this

enable the Board o take such measures as ir

"environment" means the physical factors

"Environmental Authority" means any

" "local authority" means-

(a) any local authority constituted .or. ,r,

(b) the Bintulu DeveloPment

(c) the Counoil of the CitY of

(4 rhe Commissioner of the CitY of

f) by deleting the definition of "Permanent

" "vegetadon" means all species of plants

G) thc Director of Forests or his

(2) (a) The Permanent Secretary to the

and benefits a-s it thinks fit

(2) All references to the "Natural Resources

∠″ Ordi″α77εC F0 60れまブidα

魅ril」鰹鳥w鴨臓ぶL『 lF∬ 攪翻

"Natural Resources O.ai"o"::- upp"uti"5'-in section I :1 ;;:' '

DCerAK… PERCETAKAN NAS10Ntt MALAtt BERIIAD.KUttNQ SARAW懸￨‐

Arz O″ ごJ4α ′c` ′θ α魔グ ′ んθ Nα ′ rα J R`∫ θ rc`s Cap解