Water services industry text 1 laws of Malaysia Act Reprinting 655 water services industry Act 2006 Contains all amendments to 1 August 2006 published by the Commissioner of law revision, under the authority of Law Revision Act 1968 In collaboration with PerCetakan naSional malaySia bhD 2006 law Malaysia2 Act 655 water services industry Act 2006 Royal Assent date.................. July 10, 2006, the date of publication in the Gazette............ July 20, 2006 water services industry 3 laws of Malaysia Act 655 water services industry Act 2006 arrangement of sections part i preliminary section 1. short title, application and commencement 2. interpretation 3. the Federal Government shall have executive power part ii provisions of the Licensing Chapter 1 individual license 4. requirements for individual license 5. power to exclude from the requirements for individual license 6. Application for individual license 7. further information or documents 8. The recommendation by the Commission 9. Grant of or refusal to provide individual license 10. Compliance with the license terms individuals 11. the authority to impose additional conditions, change or cancel conditions 12. Pemindahmilikan individual licence 13. Cancellation of license individual 14. the date of the currency of the cancellation of the individual license 15. Publication of the cancellation of the individual license law Malaysia4 Act 655 16. Surrendering individual license 17. Individual licence renewal 18. effect of cancellation, surrender or not renew individual license 19. Express license individual Chapter 2 license class 20. requirements for license class 21. Restrictions imposed on the licensees of class 22. power to exclude from the requirements for license class 23. Exemption from obligation or obligations 24. approval for class license 25. Application for class license and registration 26. Compliance with the license terms class 27. Cancellation of registration licensee class 28. Express class license part iii duties and obligations of licensee Chapter 1 duties and obligations applicable to all licensees 29. Provision of information 30. Submission of business plan 31. instructions by the Commission to licensee facilities to build, operate and maintain the public water supply system or a new public sewerage system 32. access to the public water supply system and sewerage system public 33. dealing with user 34. safety, integrity and safe water supply system and sewerage system 35. duty of licensee facilities in respect of water supply and drainage Water Service industry section 5 Chapter 2 duties and obligations apply to licensees that provide water supply services Section 36. develop and maintain water supply system 37. 38. Water supply connect the mains public premises to be supplied water 39. Public water supply pipe 40. Retention of water pressure is 41. 42 water quality. Supply of water for extinguishing fire Chapter 3 duties and obligations apply to licensees that provide sewerage services 43. operate and maintain 44 public sewerage system. septic tanks shall dinyahenap total part iV provisions relating to water supply system, water supply services, Drainage And sewerage services chapter 1 water supply system and sewerage system 45. Construction of the water supply system, drainage and septic tanks 46. requirements for developers to build water supply system and sewerage system 47. Developer shall deliver water supply or sewerage system development are new to Licensee service 48. damage to public water supply and sewerage system shall be repaired 49 public. eligibility to run, etc., water supply system and sewerage system 50. Permit for contractor 51. installation and connection pipe law Malaysia6 Act 655 Chapter 2 water supply services Section 52. Supply user agreement with 53. Supply in bulk between licensees services providing water supply services 54. Reduction or cessation of supply of 55. 56. water supply restrictions special powers in an emergency Chapter 3 system and sewerage services 57. power to require premises connected to the public sewerage system 58. the power to require the developer to connect the development to the public sewerage system 59. needs so that proper drainage for sewage made 60. Unauthorized connection to public sewers, etc. 61. effluent is restricted or hazardous objects be released into public sewers, etc. 62. the responsibility for communal septic tank 63. power to install or build private sewerage system or septic tank 64. power to require private sewerage system, etc., be used as proper as he was supposed to be 65. the obligation to operate and maintain the sewerage system, private, etc. 66. The penalties in respect of nuisance, etc. caused by sewerage system or private septic tanks 67. contract for the provision of sewerage services part V consumer protection, dispute resolution and investigation Chapter 1 consumer protection 68. 69. Standard users Water Forum 70. The function of the water services industry Water Forum 7 Chapter 2 dispute resolution Section 71. 72 dispute. dispute procedure 73. Committee to decide on disputes notified 74. the decision shall be in writing 75. Registration results 76. Enforcement results Chapter 3 investigation of 77. Investigation by Commission 78. Conduct of investigation 79. Publication of the notice of inquiry 80. The investigation closed and secret materials 81. report on inquiry 82. Protection from civil action 83. Express report part Vi rates, charges And 84. Regulations on the rates, charges and deposits 85. power to exclude from the rate, charge or deposit 86. rates and charges specified can be collected and held save by licensee 87. authority to require deposit of 88. get money due 89. Water supply disconnection 90. water distribution rights licensee that is licensed to provide sewerage services law Malaysia8 Act 655 part Vii tribunal appeal Section 91. The establishment of a tribunal of appeal 92. membership of the tribunal of appeal 93. 94 allowance. Resignation and revocation of appointment of 95. Vacation of Office and appointment of new or temporary 96. Disclosure of interest 97. The Secretary to the appeal tribunal and other officers 98. an appeal to the appeal tribunal 99. record of decision or direction of the Commission or the Committee of 100. Suspension of decision or directive pending appeal 101. the composition of the appellate tribunal 102. Conference on appeal tribunal 103. the appeal tribunal procedures 104. the appeal tribunal power 105. tribunal decision 106 appeal. Enforcement of the decision of the tribunal appeal 107. action immunity because the Act or omission made in good faith part Viii PeminDahmilikan Business 108. interpretation of 109. Sanctions required for restructuring, etc., the licensee is 110. An application to the High Court to facilitate an agreement or arrangement to pemindahmilikan the whole or part of the business of the licensee to be enforced part iX assumption of control 111. interpretation of 112. Licensee shall inform the Commission the water services industry 9 113. the Commission's action in respect of licensees in certain circumstances 114. the actions of the Minister in respect of the licensee in the interest of the country's 115. Provisions relating to the appointment under section 113 116. Provisions relating to the removal from Office under section 113 117. Provisions relating to the acquisition of control under section 113 or 114 118. the effect of preventing or menggalang the Commission or person appointed 119. moratorium 120. The order is final part X general offence and penalty 121. offences concerning water pollution 122. Act one of 123. Connection water supply illegal 124. meter tampering or submeter 125. disrupt water supply or sewerage system or part of the system was 126. take water from hydrants 127. Penalties for preventing 128. Proceedings if residents object to the implementation of the work of 129. The use or supply of the illegal equipment, devices, materials, systems or facilities that are not standard 130. offence for providing false and misleading information 131. the power to take action part Xi power collects information And Enforcement Provisions Chapter 1 information gathering Power 132. Whistleblowing 133. proof of compliance laws Section Malaysia10 Act 655 134. The Commission may retain documents 135. access to a record 136. incorrect record 137. record information on 138. Publication information 139. errors due to non-compliant Chapter 2 Powers to enter 140. the power to enter and inspect land 141. power to enter upon land for the purpose of construction of 142. appeal against order of the 143 land administrator. install the pipes, etc., on the ground the Government 144. Maintenance, repairs and improvements installation of 145. saving for the previous permission agreement 146. Compensation Chapter 3 enforcement of 147. Authorized officers 148. 149. investigation power entering the premises with a search warrant 150. the power to enter and search and seize without warrant 151. Access to computerized data 152. a warrant is admissible even if flawed 153. List of things seized 154. The release of things seized

155. the power to require the attendance of the person who has knowledge of the case of 156. Examination of the people with knowledge of the case of 157. admissibility of statements as evidence 158. Authorized officers shall complete the investigation and handed it to police, 159. the cost for holding equipment, etc., seized 11 160 Water Service industry section. There are no costs or damages arising from seizure can be obtained 161. hurdle 162. the extra power Chapter 4 a variety of 163. Compounding of offence 164. Prosecution 165. offences by body corporate 166. information or information providers cannot be disclosed 167. Presentation documents of 168. inaccuracies in the document 169. kebertanggungan pemindah title 170. Exemption of equipment from distress and detention part Xii General 171. 172 water industry Fund. Sewerage capital Contribution Fund 173. Registration agreements 174. Agency recommendation 175. Reporting to the Minister on the performance of industry 176. Express 177. instructions by the Commission 178. The determination by the Commission 179. power of Minister to make regulations 180. the power of the Commission to make rules 181. Penalty for subsidiary legislation 182. Minister's power to amend the schedule of 183. public authorities Protection Act 1948 184. Protection officers and others Law Section Malaysia12 655 Act Provisions part Xiii revocation, savings and transitional Chapter 1 Repeal and saving Section 185. Abolition of the 186. exclusion of 187. Continuation of rights, liabilities, etc., of another under the repealed legislation Chapter 2 transitional provisions for existing operators to 188. Water supply services existing 189. Sewerage services existing 190. license or permit existing 191. The agreement specified in schedule of 192. Statement of intent to move to license 193. the standard licence and authorisation of existing registered water services industry Table 13 an act to provide for and regulate the water supply services and sewerage services and for matters incidental thereto.
[] whereas it is expedient for the purpose of ensuring the consistency of laws and policies to make laws for the control and surveillance should be water supply services and sewerage services throughout peninsular malaysia and the federal territories of Putrajaya and labuan: and whereas it is also expedient that provision is made to provide the Federal Executive authority for matters relating to water supply system and water supply services and to clarify that the Executive power that was given to the Federation for matters relating to the system sewerage and sewerage service continues throughout peninsular malaysia and the federal territories of Putrajaya and labuan: then, now, therefore, in accordance with clause (1) of article 74 and clause (2) of article 80 of the Constitution, enacted by the Parliament of malaysia as follows: part i preliminary short title, application and commencement 1. (1) this Act may be cited as the water services industry Act 2006.
Laws of Malaysia Act 655 * water services industry Act 2006 * Note — this Act is not yet in force.
Law Malaysia14 Act 655 (2) of this Act apply to peninsular malaysia and the federal territories of Putrajaya and labuan.
(3) of this Act come into force on such date as the Minister may, by notification in the Gazette, and the Minister may set different dates — (a) to start the currency of this Act in the different parts of Peninsular malaysia and the federal territories of Putrajaya and labuan;
(b) to start the currency of different provisions of this Act; or (c) to start the currency of different provisions of this Act in the different parts of Peninsular malaysia and the federal territories of Putrajaya and labuan.
interpretation 2. In this Act, unless the context otherwise requires — "water", in respect of the distribution or supply of water means water that has been treated;
"watercourse" includes rivers, streams and suak including any cawang River, a branch of the river or the detour-made about it, the sea, lakes, groundwater, dam, reservoir, drains, drainage and routes, in addition to the water pipe, flow through it for supply of water to any premises;
"register" means the register maintained by the Commission for the purposes of this Act;
"prescribed" means prescribed by the Minister under the regulations made under section 84 or 179, as the case may be;
"the industrial effluent" means liquid waste or wastewater arising by reason of or during the production process occurring in any industrial premises;
"illicit effluent" means an effluent industry or any other effluent which are prescribed by the Minister;
Water services industry 15 "sewage sludge" means a mixture of solid and liquid balance arising during the sewage treatment plants in partial or full but not including treated sewage effluent exhausts pipe disposal;
"Water Forum" means the Forum of water determined by the Commission under section 69;
"water supply distribution area" means an area in which water distribution licensee is authorized to distribute and supply water;
"sewerage service area" means an area in which licensees authorized service to provide sewerage services;
"sewage" means any liquid that contains graduate human, animal excretions or materials in the form of suspended or nabati solution obtained from domestic activities and resulting from the premises houses, commercial, institutional and industrial liquid from graduates include toilets, basins, vanities, bathrooms and any other sanitary appliances but excluding rainwater and effluent is restricted;
"water fittings" includes pipe (other than public mains) spesial, head pipes, closing taps, valves, metal, simpai, meters, tanks submeter, bathtub, toilet, hot water apparatus, reservoir dirt and apparatus or other similar appliances used in connection with the supply and use of water;
"Court" means a court having competent jurisdiction;
"meter" means any apparatus, equipment or device which is used for the purpose of measuring the amount of water supplied;
"water pipe service" means that much of any pipe used to supply water from the public mains to any premises which are subject to the pressure of water from the mains or to be subject to such sexual if not for some head pipes or valves;
"pipe disposal" means a pipe, channel, conduit or similar structure used for treated sewage effluent discharge from the sewerage system or septic tanks for release finally watercourse or other recipient medium;
Law Malaysia16 Act 655 "connecting pipes", in relation to water supply services, means a part water pipe service between public mains and meters, or if there is no meter, a water service pipe parts located between the public mains and place where the meter should be placed in accordance with this Act or its subsidiary legislation;
"private connection pipe", in relation to sewerage services, means any pipe, channel, conduit or similar structure that is part of an internal sewerage piping or internal sewerage piping individuals together to premises that are used, or which can be used, for carrying sewage from the premises until the place of connection to a public sewerage system, sewage treatment or septic tanks or to any other connection is determined by the Commission;
"authorized officer" means any public officer, an officer of the local authority as defined in the local Government Act 1976 [Act 171] or a Commission officer authorized in writing by the Minister for the purposes of this Act;
"sewer" means any pipe, with perlengkapannya, which is designed to carry sewage from two or more premises to sewage treatment plants, in addition to an individual internal sewerage piping or plumbing joint internal sewerage;
"licensee" means the individual licensee or licensee class;
"individual licensee" means a person licensed individuals under this Act;
"class a licensee" means a person that is registered to a class licence under this Act;
"licensee facility" means a person licensed under this Act to have a water supply or sewerage system or any part of the water supply system or the sewerage system;
Water services industry 17 "water distribution licensee" means the holder of a licence who held a service individual license to distribute and supply water to the consumer by a public water supply system;
"licensee service" means a person licensed under this Act to provide the water supply or sewerage service or any part of the water supply services or the sewerage services;
"Registrar" —

(a) in respect of Peninsular malaysia and the Federal territory of Putrajaya, has the meaning given to "Registrar" by section 5 of the national land [Act 56/1965]; and (b) with respect to the Federal territory of labuan, has the meaning given to "Registrar" by section 4 of the Land Ordinance of Sabah [Sabah Cap. 68] as modified by order of the Federal territory of labuan (Modification of the Land Ordinance) 1984 [P.U. (A) 291/1984];
"user" means — (a) the person supplied with water by the water distribution licensees or provided with sewerage services by licensees that provide sewerage services; or (b) the person has made a request to licensee the distribution of water for water supply or to Licensee that provides sewerage services for the provision of sewerage services;
"occupant" means — (a) persons who occupy or control the premises; and (b) in relation to the premises from different parts of the premises occupied by different people, each person occupying or control every part of the premises;
Law Malaysia18 Act 655 "the land administrator" — (a) in respect of Peninsular malaysia and the Federal territory of Putrajaya, has the meaning given to "land" by section 5 of the national land code; and (b) with respect to the Federal territory of labuan, has the meaning given to "Registrar" by section 4 of the Sabah Land Ordinance as modified by order of the Federal territory of labuan (Modification of the Land Ordinance) 1984;
"MC" has the meaning assigned to it in section 4 of the Strata Titles Act 1985 [Act 318];
"water supply services" means water treatment taken from watercourses and distribution and supply of water treated to users and includes the operation and maintenance of the water supply system;
"the sewerage services" means the collection, carriage, treatment and disposal of sewage or sewage sludge, and includes the operation and maintenance of the sewerage system and septic tank effluents penyahenap;
"sewerage piping with internal" means pipes, pipe connections, private channel, vessels or structures, fixtures and other similar apparatus to carry sewage in or from more than one premises but under management and maintenance with the owner or occupier of the premises Management Corporation or serviced by the internal sewerage piping to place the connection with sewer, public sewage treatment plants or septic tanks or to any other connection is determined by the Commission , but does not include hygiene system in a building;
"individual internal sewerage piping" means pipes, pipe connections, private channel, vessels or structures, fixtures and other similar apparatus to carry sewage in or from the premises to place the connection with internal sewerage piping together, sewer, public sewage treatment plants or septic tanks or to any other connection is determined by the Commission, but does not include system cleanliness in a building;
Water services industry 19 "water supply system" means the whole system containing the public mains, pipes, Chamber, treatment plant, station pengepam, reservoir services or balance or any combination of them and all structures, installation, building, equipment and other used and furnished the land where all the utter placed for storage, acquisition, collection, carriage, treatment, distribution and supply of water;
"public water supply system" means the water supply system in addition to private water supply system;
"private water supply system" means — (a) the water supply system is used solely for the purpose of supplying water to the owner or occupier of a premise or guests or invitees of the owner or occupier of it for private consumption; or (b) any other water supply system determined by the Commission;
"sewerage system" means a system that contains pipe disposal, sewers, pengepam station or public sewage treatment plants or any combination of them and all structures, equipment and other furnished (in addition to individual internal sewerage piping, sewerage piping with internal or septic tanks) used or intended to be used for the collection, carriage, nursing or pumping and sewage sludge sewage or effluent disposal Concepción treated sewage sludge;
"the public sewerage system" means — (a) drainage works connected with, or which carry sewage to, public sewers; (b) sewerage systems which are not connected with or don't bring sewage into public sewers but determined by the Commission as or become part of the public sewerage system;
(c) drainage in a development that has been handed over to the individual licensees that provide sewerage services in accordance with section 47; or law Malaysia20 Act 655 (d) any other sewerage system as determined by the Commission;
"private sewerage system" means the sewerage system in addition to the public sewerage system;
"submeter" means any meter which measures the water has been measured after the water past the public mains;
"Commission" means the national water services Commission established under the national water services Commission Act 2006 [Act 654];
"septic tank" means a form of basic treatment facilities on a site consists of one or more compartments, which provides sewage treatment plants through the process of sedimentation and anaerobic;
"communal septic tanks" means septic tanks that treats sewage from two premises or more via internal sewerage piping together;
"specified date" means the date this Act or parts of this Act come into force;
"sewage treatment place" means facilities that are designed for receiving and processing of sewage or sewage sludge prior to disposal to a recipient's medium but not including septic tanks;
"appeal tribunal" means the appeal tribunal established under section 91.
the Federal Government shall have executive authority 3. (1) the Federal Government shall have executive authority in respect of all matters relating to the water supply system and water supply services throughout peninsular malaysia and the federal territories of Putrajaya and labuan.
(2) the Federal Government shall continue to have executive authority in respect of all matters relating to drainage and sewerage services throughout malaysia.
Water services industry 21 part ii provisions of the Licensing Chapter 1 individual license requirements for individual license 4. (1) subject to section 5, no person shall — (a) have a system of public water supply or sewerage system or any part of the system; or (b) operate, provide or hold any water supply services or sewerage service or part of the service with the manner of conducting a public water supply system or the public sewerage system, unless he holds an individual license granted under this Act.
(2) Notwithstanding subsection (1), developer of the sewerage system or water supply system required under section 47 to submit a sewerage system or water supply system to the licensee is not required to hold an individual license for the possession of the sewerage system or water supply system until the sewerage system or water supply system is completed or used, whichever is earlier.
(3) the individual license can't provide any licensed activity referred to in subsection (1) except in accordance with the conditions of the individual license granted to the holder of the license.
(4) any person who contravenes subsection (1) commits an offence and shall, on conviction, to a fine not exceeding one million dollars or to imprisonment for a term not exceeding ten years or both.
power to exclude from the requirements for individual license 5. (1) the Minister may, on the recommendation of the Commission, by order published in the Gazette, exempt any person from the law Malaysia22 Act 655 requirements licensing under section 4 is subject to such terms and conditions as the Minister thinks fit.
(2) a person who is exempt from the licensing requirements under subsection (1) shall comply with the duties and obligations of the licensee is the individual as if that person is the holder of an individual licence under this Act unless specified otherwise in the exemption order.
Application for individual license 6. (1) any person may apply to the Minister so that an individual license assigned to it under section 9 by submitting a written request to the Commission.
(2) an application under this section may be revoked at any time before the application is allowed or denied.
Further information or documents 7. (1) the Commission may, at any time after receipt of an application for an individual licence under section 6, asking the applicant to provide to the Commission within the period specified in the request information or documents about the application.

(2) where any information or additional documents required under subsection (1) is not given by the applicant within the period specified in the request or any extension of time granted by the Commission, the application shall be deemed to have been withdrawn and no longer be continued, but without prejudice to the right of the applicant to apply for a new one.
the recommendation by the Commission 8. (1) the Commission shall, within sixty days from — (a) the receipt of an application under section 6; or (b) if the Commission has requested further information or documents under section 7, the provision of information or documents the water services industry, submit a written recommendation 23 to the Minister as to whether or not an individual should be given a license to the applicant.
(2) the written Recommendations of the Commission shall state — (a) the reason for syornya; and (b) any special conditions should be imposed on the applicant if the Commission recommend to the Minister to provide individual license.
Grant of or refusal to provide individual license 9. (1) the Minister may, after considering the application for individual license under section 6 and further information or document given under section 7 and taking into account the recommendations of the Commission accordingly under section 8, gives individual license or refuse to grant the individual license.
(2) if the Minister decides to grant individual licences under subsection (1), he shall — (a) require the individual licensees pay fees that may be required, within the specified period; (b) impose all the conditions of a licence for an individual license standards as may be prescribed; and (c) impose such special conditions as he thinks fit.
(3) the decision of the Minister to give or not give individual license shall be conveyed to the applicant by the Commission by notice in writing as soon as reasonably practicable.
(4) the written notice by the Commission under subsection (3) shall state — (a) in the case where individual license is given, the fact about the provision and the requirements and conditions imposed under subsection (2); and (b) in the case of a refusal to grant individual licences, the fact of the refusal and the reasons for such refusal.
Legal Compliance conditions Act Malaysia24 655 10 individual license. (1) the holder of an individual licence shall comply with — (a) the standard terms set for the individual license;
and (b) any special conditions imposed by the Minister on the individual license.
(2) the licensee is the individual who fails to comply with any conditions of the licence of an individual under subsection (1) commits an offence and shall, on conviction, to a fine not exceeding five hundred thousand dollars or to imprisonment for a term not exceeding five years or both.
the authority to impose additional conditions, change or cancel conditions 11. (1) the Minister may, on the recommendation of the Commission, at any time — (a) impose any condition in addition to the individual license; or (b) vary or revoke any conditions imposed on the individual license.
(2) before the Minister makes a decision under subsection (1), the Commission shall give to the individual license holder — (a) a written notice of the intention of the Minister together with a copy of the draft on the imposition, alteration or cancellation; and (b) an opportunity to make submissions in writing within the period specified in the written notice of not less than thirty days.
(3) after the expiry of the period specified in the notice, the Minister shall, after considering any written submissions made by the licensee and the person's duly taking into account any recommendation of the Commission, decide whether to impose additional conditions or to vary or revoke any conditions or not to take further action.
Water services industry 25 (4) the Commission shall give the individual licensee a written notice of decision of the Minister under subsection (3) as soon as a practicable and such decision shall become effective on the date specified in the notice.
Pemindahmilikan individual licence 12. (1) the granting of an individual licence under section 9 should be personalized for individual licensees and the individual license is not assignable, disublesenkan or dipindahmilikkan to any other person except with the prior written approval of the Minister.
(2) the holder of the individual license, assign or transfer the license of their individual mensublesenkan to any other person without the prior written approval of the Minister commits an offence and shall, on conviction, to a fine not exceeding three hundred thousand dollars or to imprisonment for a term not exceeding three years or to both.
Cancellation of license individuals 13. (1) the Minister may, on the recommendation of the Commission, cancel an individual license under any of the following circumstances: (a) the licensee is the individual that does not comply with any provision of this Act or its subsidiary legislation; (b) the licensee is the individual that does not comply with any terms of the individual license; (c) the licensee is the individual that has secured the individual license does not fit or with unlawful;
(d) the individual license holder has been convicted of an offence under this Act or its subsidiary legislation;
(e) a receiver, receiver and Manager, liquidator or similar officer temporarily appointed over the whole or part of the assets of the licensee and the person's appointment not cancelled or diungkaikan within sixty days from the date of appointment; or law Malaysia26 Act 655 (f) have occurred any act or default on the part of the individual license holder or has been around a change in circumstances resulting in the individual licensee is no longer entitled to individual licence granted under this Act.
(2) before the Minister makes a decision under subsection (1), the Commission shall give the licensee the person is — (a) a written notice of the intention of the Minister to cancel the person's license; and (b) an opportunity to make submissions in writing within a period specified in the written notice of not less than thirty days.
(3) after the expiry of the period specified in the notice, the Minister shall, after considering any written submissions made by the licensee and the person's duly taking into account any recommendation of the Commission, decide whether to cancel the person's license or not.
(4) the Commission shall give the individual licensee a written notice of decision of the Minister under subsection (3) as soon as workable.
(5) the licensee is the individual shall not be entitled to any form of compensation from the Minister or the Commission if the person's license revoked in accordance with subsection (1).
the date of the currency of individual licence cancellation 14. Cancellation of a licence of the individual under section 13 shall become effective on — (a) a date specified by the Minister in the notice given under subsection 13 (4); or (b) If no date specified in the notice given under subsection 13 (4), upon the expiration of thirty days from the date of the notice served upon the licensee of that individual.
Water services industry Broadcasting 27 individual license revocation 15. (1) if the revocation of an individual license has been in force, the Commission shall, as soon as practicable, cause to the revocation published in at least one national daily newspaper the national language and a national daily newspaper in English for at least three days in a row.
(2) any delay or failure to post notice of such revocation shall not in any way affect the validity of the revocation.
(3) the Minister and the Commission shall not be liable for any actions, losses or damages arising from or caused by the publication of the notice referred to in subsection (1).
Surrendering 16 individual license. (1) the individual license can surrender their individual licence by sending the license to the Commission with a written notice about surrendering the license.
(2) the surrender of the individual license shall become effective six months from the date the Commission receives the license and a written notice under subsection (1) or on any later date specified by the Minister.
(3) surrender individual license under subsection (1) shall be irrevocable unless the Minister by notice to the licensee that allow individual surrendering the withdrawn prior to the effective date of surrender of the individual license.
Individual licence renewal 17. (1) the holder of an individual license may apply for renewal of their individual licence not later than one year before the date of expiry of the existing individual license it.
Law Malaysia28 Act 655 (2) the Minister shall, on the recommendation of the Commission, on payment of the prescribed fee, renew an existing individual license except in the following circumstances: (a) the licensee is the individual that does not comply with any provision of this Act or its subsidiary legislation; (b) the licensee is the individual that does not comply with any terms of the individual license; (c) the individual licensees licence

the individual does not fit or with unlawful;
(d) the individual license holder has been convicted of an offence under this Act or its subsidiary legislation;
(e) a receiver, receiver and Manager, liquidator or similar officer temporarily appointed over the whole or part of the assets of the licensee and the person's appointment not cancelled or diungkaikan within sixty days from the date of appointment; or (f) have occurred any act or default on the part of the individual license holder or has been around a change in circumstances resulting in the individual licensee is no longer entitled to individual licence granted under this Act.
(3) the Commission may request individual licensees to provide any information or document as may be required for the renewal application within a period specified in the request.
(4) Notwithstanding subsection (2), if the information or documents requested under subsection (3) is not provided by the individual licensees within the period specified in the request or any extension of time granted by the Commission, the Minister may not renew the license of the individual.
(5) if the Minister refuses to renew the license of the individual, the Commission shall inform the individual license holder by notice in writing as soon as that can be implemented on the refusal of the Minister to renew the license of the individual.
Water services industry 29 (6) individual licensee shall be given the opportunity to make submissions in writing to the Minister within the period specified in the notice in writing referred to in subsection (5) which shall be not less than fourteen days.
(7) after the expiry of the period specified in the notice under subsection (6), the Minister shall, after considering any written submissions made by the licensee and the person's duly taking into account any recommendation of the Commission, decide whether to renew the license individuitu or not.
(8) if the Minister decided not to renew the license of the individual, the Commission shall notify the individual licensees as soon as practicable of that decision of the Minister and shall publish the decision in at least one national daily newspaper the national language and a national daily newspaper in English for at least three days in a row.
(9) any delay or failure to post notice referred to in subsection (8) shall not in any way affect the validity of the decision of the Minister not to renew the license of the individual.
(10) the Minister and the Commission shall not be liable for any actions, losses or damages arising from or caused by the publication of the notice referred to in subsection (8).
effect of cancellation, surrender or not renew individual license 18. (1) if the revocation of a licence of the individual under section 13 or surrendering an individual license under section 16 has been in force or if the individual license not renewed under section 17, the individual licensee shall immediately cease to provide any facilities or services in respect of which the person's license has been given.
(2) Notwithstanding subsection (1), the Minister may in writing allow the individual license holders to continue the provision of any facilities or services for such law Malaysia30 Act 655 duration and on any terms and conditions specified by the Minister in the truth for the purpose of winding-up the Affairs of the licensee.
check individual license 19. The Commission shall maintain a register, in accordance with section 176, which shall be made available to the public, with regard to — (a) any individual licence granted by the Minister; (b) any order of exemption for licensing requirements individual license granted by the Minister; (c) any special conditions specified in individual license; (d) any imposition of additional terms or modifications or cancellation conditions; (e) any written notice by licensee individuals who surrender their individual licenses; (f) any cancellation of the individual license; (g) any individual license which is not renewed; and (h) any written approval from the Minister for penyerahhakkan, pensublesenan or pemindahmilikan individual license.
Chapter 2 class license requirements for license class 20. (1) subject to section 22, no person shall — (a) possesses a private water supply systems or private sewerage system or any part of the system; or (b) operate, provide or hold any water supply services or sewerage service or part of the service with the manner of conducting an independent water supply system or private sewerage system, unless he holds a class a licence under this Act.
Water services industry 31 (2) Notwithstanding subsection (1), the licensee of the individual is not required to apply for a license class for the activities specified in subsection (1) which is in the area of distribution of water supply or service area pembetungannya if the individual license terms allow licensees in the person's exercise of any such activity.
(3) the class licence cannot provide any licensed activity referred to in subsection (1) except in accordance with conditions class license granted to the licensees of the class.
(4) any person who contravenes subsection (1) commits an offence and shall, on conviction, to a fine not exceeding two hundred thousand ringgit or to imprisonment for a term not exceeding two years or to both.
restrictions imposed on the licensees of class 21. (1) a licensee who holds a class a private water supply system or any part of the system or provide water for its own private use, or use of private tenants, occupants, guests or invitation, in its premises shall be — (a) permissibility of lease, license or permit any other person using the water supply system devices or part of the system for the purpose of supplying water to the public; or (b) are not engaged in any trade or business of supplying water to the public, unless it is licensed to do so under this Act.
(2) a licensee who holds a class private sewerage system or any part of the system or provide sewerage services solely for the purpose to collect, carry, treat and dispose of sewage through private sewerage system shall be — (a) permissibility of lease, license or permit any other person using the sewerage system devices or part of the system for the purpose of providing sewerage service to the public; or law Malaysia32 Act 655 (b) are not engaged in any trade or business of providing sewerage service to the public, unless it is licensed to do so under this Act.
(3) the class license in violation of subsection (1) or (2) commits an offence and shall, on conviction, to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding one year or to both.
power to exclude from the requirements for license class 22. (1) the Minister may, on the recommendation of the Commission, by order published in the Gazette, exempt any person from the licensing requirements under section 20 is subject to such terms and conditions as the Minister thinks fit.
(2) a person who is exempt from the licensing requirements under subsection (1) shall comply with the duties and obligations of a licensee as if that person is a class a licensee under this Act unless specified otherwise in the exemption order.
Exemption from obligation or obligations of 23. (1) the holder of a class licence — (a) possesses an independent water supply system or a private sewerage system or any part of the system or provide water for its own private use or the use of private tenants, occupants, guests or invitation in its premises; or (b) holds a private sewerage system or any part of the system or provide sewerage services solely for the purpose to collect, carry, treat and dispose of sewage through private sewerage system shall be exempted from the obligations of, or obligations under section 30, 31, 32, 33, 44, 47 and 48.
Water services industry 33 (2) class a licensee referred to in subsection (1) shall comply with all other requirements under this Act and its subsidiary legislation unless otherwise expressly excluded.
approval for the 24 class license. (1) the Minister may, on the recommendation of the Commission, adopt a class license in respect of any matter requiring a class license under this Act.
(2) the Minister shall provide a copy of all class license approved under subsection (1) to the Commission as soon as that can be implemented and the Commission shall register the class license.
Application for class license and registration 25. (1) a person who intends to operate under a licence class must be registered with the Commission by submitting a notice of registration and the prescribed fees to the Commission.

(2) a class license that is registered by the Commission shall — (a) contain all the terms of the prescribed class license;
and (b) subject to any other conditions imposed by the Minister from time to time.
(3) No person shall operate under any licence class unless such person is duly registered under this section by the Commission.
(4) the registration of a license class is private to the class licensees.
Compliance with the license terms class 26. (1) the licensee shall comply with the class — (a) the conditions prescribed for the class of licence; and (b) any other conditions imposed by the Minister from time to time.
Law Malaysia34 Act 655 (2) the holder of a class license fails to comply with any condition of licence classes referred to in subsection (1) commits an offence and shall, on conviction, to a fine not exceeding two hundred thousand ringgit or to imprisonment for a term not exceeding two years or to both.
Cancellation of registration licensee class 27. (1) the Commission may revoke the registration of the holder of the license class in any of the following circumstances: (a) the holder of the class license fails to comply with any provision of this Act or its subsidiary legislation; (b) the class of licensee fails to comply with any conditions of the licence of that class; (c) the class licensees get the class license is not appropriate or by unlawful;
(d) a receiver, receiver and Manager, liquidator or similar officer temporarily appointed over the whole or part of the assets of the holder of the class license and appointment not cancelled or diungkaikan within sixty days from the date of appointment;
(e) have occurred any act or default or change in circumstances resulting in the class a licensee is no longer entitled to be registered as class licensees under this Act; or (f) the cancellation of the registration of the holder of the class license is in the public interest.
(2) before making a decision under subsection (1), the Commission shall give the licensee the class — (a) a written notice of its decision to cancel the registration of the holder of the class license; and (b) an opportunity to make submissions in writing within the period specified in the written notice which shall not be less than thirty days.
Water services industry 35 (3) after the expiry of the period specified in the notice, the Commission shall, after considering any written submissions made by the licensees of the class, decide whether to cancel the registration of the licence holders of the class or not.
(4) the Commission shall give the class a licensee a written notice of its decision under subsection (3) as soon as a practicable and cancellation of registration the class licensees shall become effective on the date specified in the notice.
(5) the class license that has been revoked its registration under subsection (3) must stop all activities related to the licence class.
Express license class 28. The Commission shall maintain a register, in accordance with section 176, which shall be made available to the public, with regard to — (a) all class license approved by the Minister and registered; (b) all licensees of classes registered by the Commission; (c) any order of the licensing requirements for exemption granted by the Minister; and (d) all decisions of the Commission to cancel the registration of the holder of the license class.
Division iii duties and obligations of licensee Chapter 1 duties and obligations applicable to all licensees Grant information 29. (1) without prejudice to section 132, the licensee shall provide to the Commission all the information relating to any matter which — (a) in relation to the exercise of the activities licensed by the licensee; or law Malaysia36 Act 655 (b) essential for the exercise of any powers by the Commission under this Act or its subsidiary legislation, as required by the Commission or as may be prescribed.
(2) the information required under this section shall be given in any form and manner, at such intervals and accompanied or supplemented by any information and supporting documents as required by the Commission or as may be prescribed.
(3) information that licensee is required to provide to the Commission under this section may include information, even though that information is not in the possession of the licensee or otherwise will not be found in the possession of the licensee, is the information the licensee reasonably required to be able to get it or are required to accumulate.
(4) the Commission may require a licensee to appoint, at the cost of the licence holder, an independent experts, with the credentials specified by the Commission to organize, auditing or reviewing any information that licensee is required to provide to the Commission under this section. Appointment and report of the independent experts that do not release or diminish in any way kebertanggungan the holder of a licence under section 130.
(5) the Commission or authorized officers or agents may at any time, as it regards necessary, carry out an audit on the business and activities of the licensee and the licensee shall take all necessary steps, at the cost of its own, to assist and facilitate the Commission or authorized officers or agents in carrying out the audit, including giving them access to premises of and documentation and information. the cost of the audit shall be borne by the Commission.
(6) the holder of a licence — (a) does not provide any information required by the Commission under subsection (1); Water services industry or 37 (b) refuse to assist or facilitate, or hinder, the Commission, authorized officers or agents in carrying out the audit under subsection (5), commits an offence and shall, on conviction, to a fine not exceeding two hundred thousand dollars.
Production of 30 business plans. (1) the holder of an individual licence shall submit to the Commission a business plan can alter three years, or such other period as may be determined by the Commission, which is updated on an annual basis or at any time required by the Commission.
(2) the business plan detailing the following information: (a) the individual license holder plans to enlarge, maintain, repair, improve, repair, recover lost or changed the public water supply system or the public sewerage system and to build a public water supply system or a new public sewerage system;
(b) operating and capital expenditure incurred for undertaking the activities specified in paragraph (2) (a);
(c) any other information required or indicated by the Commission.
(3) the Commission may approve, reject or require modification made to the business plan submitted.
(4) the Commission shall notify the licensee of the individual about his decision under subsection (3) within ninety days from the date of the submitted business plan complete.
(5) the individual license has a duty to carry out the activities set out in the approved business plan for the first year of every business plan can alter.
Law Malaysia38 655 Act (6) any licensee who fails to comply with its obligations of an individual under this section commits an offence and shall, on conviction, to a fine not exceeding one hundred thousand ringgit.
instructions by the Commission to licensee facilities to build, operate and maintain the public water supply system or a new public sewerage system 31. (1) if the Commission requires that, in such circumstances as the Minister may — (a) a public water supply system or a new public sewerage system was built and installed in a specific location that does not have such a system; or (b) to expand the system of public water supply or sewerage system an existing public to a specific location that does not have such a system to supply water or sewerage services to users in that location, the Commission may direct the licensee facilities to build or install or cause the construction or installation of such systems.
(2) Notwithstanding subsection (1), the Commission shall obtain the prior approval of the Federal Government before it direct the licensee facilities that require funding from the Federal Government to carry out a directive the Commission under this section.
(3) upon completion of construction or installation of water supply or sewerage system referred to in subsection (1), the Commission may direct the licensee services to operate and maintain the system.
access to the public water supply system and sewerage system public 32. (1) if the licensee services supply water or sewerage services want to use public water supply or sewerage system, public facilities licensees that have a public water supply or sewerage system or the public part of the system shall, if required by the Commission, 39 water services industry

lease of public water supply or sewerage system or public the part of the licensee system to service as required by the licensee of the service.
(2) the licensee of the service and licensee facilities referred to in subsection (1) shall make a leasing agreement for leasing public water supply system and sewerage system or part of the system required by the licensee of the service.
(3) the lease Agreement shall comply with any subsidiary legislation made in respect of the lease agreements.
(4) the lease agreements shall be registered with the Commission and cannot be enforced until the agreement is registered as such.
Dealing with consumers 33. Licensee services that provide water supply or sewerage service has a general obligation to — (a) deal with the user on a reasonable basis; and (b) dealing with consumer complaints satisfactorily.
safety, integrity and safe water supply system and sewerage system 34. every licence holder has an obligation to maintain at all times the safety, integrity and safe water supply system and the system of pembetungannya and all other assets relating to the system.
duty of licensee facilities in respect of water supply and sewerage system 35. every licence holder has the obligation to build facilities, recover lost, improve, improve, maintain and repair water supply system and legal system Malaysia40 655 pembetungannya Act and all other assets relating to the system so that the licensee and the facilities continued to be able to meet its obligations under this Act and its subsidiary legislation.
Chapter 2 duties and obligations apply to licensees that provide water supply services Develop and maintain the water supply system is 36. (1) every licensee services providing water supply services have the duty to maintain a water supply system that is efficient and economical.
(2) water distribution licensees shall ensure that all the arrangements have been made — (a) to provide a water supply to the premises in the area of distribution of its water supply and to make such water supply is always available for anyone who requires it; and (b) to maintain, improve and expand the water supply system in relation to the distribution of water, so the water licensee is capable of and continue to be able to meet its obligations under this Act.
(3) the duty of water distribution licensees to maintain a public water supply system shall to the extent of the end of the connecting pipe.
(4) the cost to repair, replace and maintain connective pipe shall be borne by licensees of distribution of water.
37. Water supply (1) subject to subsection (2), water distribution licensees shall, upon written request by the owner or occupier of any premises, supply water to the premises.
Water services industry 41 (2) No licensee water distribution can be required to supply water to any premises if — (a) any premises building has been erected berlanggaran with any written law or is in a State of almost destroyed or dangerous;
(b) water supply is already given to the premises by licensee other water distribution;
(c) the water distribution licensees are prevented to do so by circumstances outside the control of the water distribution licensees;
(d) the supply of the water will cause the water licensee is in breach of this Act or its subsidiary legislation;
(e) the water supply ever cut previously due to violation of this Act or its subsidiary legislation and the violation has not been diremedikan;
(f) the previous water supply has been cut to this Act or its subsidiary legislation; or (g) refusal to supply water to that approved by the Commission.
Connect the mains public premises to be supplied water 38. (1) when an application for water supply approved by the water distribution licensee, licensee shall install the water distribution pipes connecting to mains connect the public premises to be supplied with water, and the water distribution licensees can also supply and adjust all fittings water but the connection cost and all water fittings for the supply shall be borne by the owner or occupier of the premises.
(2) no connection can be made to the public mains cost estimates to make a connection that has been deposited with the licensee that water distribution and water until all the fittings required for the supply of water has been erected and completed in advance in accordance with any requirements of any subsidiary legislation made under this Act in respect of the same thing.
Law Malaysia42 Act 655 water supply through pipes public 39. (1) water distribution licensees shall, at the request of the Commission after consultation with the relevant local authorities, supply water to an area specified for use by the general public through public pipes installed in the area stated that.
(2) such Supply shall be subject to any terms and conditions agreed to by water distribution licensees and the Commission, with merundingi the local authority, provided that the charges for the supply of water shall be approved by the Commission.
Retention of water pressure is 40. (1) water distribution licensees have an obligation to cause the water in the mains water pipe major and others — (a) used for supplying water; or (b) that a hydrants installed thereon, maintained in accordance with any pressure set out in the subsidiary legislation made under this Act.
(2) water distribution licensees who contravenes subsection (1) commits an offence and shall, on conviction, to a fine not exceeding one hundred thousand ringgit.
41. water quality (1) the licensee shall, upon distribution of water supply water to any premises, ensuring that the quality of water supplied to comply with minimum quality standards, prescribed by the Minister, at the time of the supply.
(2) water distribution licensees shall ensure, so far as reasonably practicable, in respect of each source or combination of sources from whom licensee supply water to any premises, that there is no deterioration occurs in the minimum quality standards for water supplied from time to time of a source or combination of sources said.
Water services industry 43 (3) for the purposes of this section, the water supplied by licensees of distribution of water to any premises can not be considered as not complying with the minimum quality standards set at the time of delivery if the water no longer comply with the minimum quality standards only after the water past the pipe holder of such licence.
(4) any licensee water distribution in violation of subsection (1) or (2) commits an offence and shall, on conviction, to a fine not exceeding three hundred thousand dollars or to imprisonment for a term not exceeding three years or to both.
Supply of water for fire fighting 42. (1) water distribution licensees shall allow the Fire Services Department or any other person authorized by the Commission or under any written law to take water to fires than any major water mains or other pipe that is installed with hydrants.
(2) the cost of the use of water from hydrants shall be borne by licensees of distribution of water.
(3) any licensee water distribution in violation of subsection (1) commits an offence and shall, on conviction, to a fine not exceeding two hundred thousand dollars.
(4) in this section, "fire service department" shall have the same meaning as in the Fire Services Act 1988 [Act 341].
Chapter 3 duties and obligations apply to licensees that provide sewerage services Operate and maintain public sewerage system 43. every licence holder services operate and maintain a public sewerage system has the duty of — (a) to manage, operate, maintain, inspect, repair, alter, mengerbangi or law Malaysia44 Act 655 otherwise improving the public sewerage system and to treat and dispose of its contents; and (b) for menyahenap effluents properly the public sewerage system and for the purpose of such licensees of such services may cause to be erected or placed, whether above or below ground, any sewer, pumps and other work.
septic tanks shall dinyahenap total 44. (1) licensee services operate and maintain a public sewerage system shall be menyahenap contaminants septic tanks inside the service area pembetungannya from time to time as may be prescribed.
(2) licensee services fails to comply with its obligations under subsection (1) commits an offence and shall, on conviction, to a fine not exceeding fifty thousand ringgit.
Part iV provisions relating to water supply system, water supply services, Drainage And sewerage services chapter 1 water supply system and sewerage system

Construction of the water supply system, drainage and septic tank 45. (1) No person shall construct, alter, modify, disconnect or turn off a water supply system, drainage, septic tanks, sewerage piping internal sewerage piping internal individual or joint unless plans and related specifications require the approval of the Commission has been approved in advance in writing by the Commission.
Water services industry 45 (2) the Commission shall, by rules made under section 180, specifies the standard about the type and extent of construction, alteration, modification, or closure of a Universiti connection water supply system, drainage, septic tanks, sewerage piping internal sewerage piping internal individual or collective require plans and specifications approved in advance by the Commission.
(3) a person who wishes to obtain the approval of the Commission under subsection (1) shall submit to the Commission any information and documents in the form and manner and within the time provided for in rules made under section 180.
(4) If a person fails to comply with subsection (3), the person's application for approval shall be deemed to have been withdrawn without prejudice to the right of that person to submit a new application.
(5) in considering whether to grant approval under subsection (1), the Commission shall take into account the following: (a) the business plan presented by individual licensees who operate and maintain water supply systems, sewerage or septic tanks that;
(b) plans and specifications of the system of water supply, sewerage system or septic tanks given by that person;
(c) such other matters as may be deemed fit by the Commission.
(6) in granting approval to that person under subsection (1), the Commission may impose such terms and conditions as a personal fit.
(7) a person who — (a) construct, alter, modify, disconnect or turn off a water supply system, drainage, septic tanks, sewerage piping internal sewerage piping internal individual or together without plans and specifications is required to be approved by the Commission had approved in advance in writing by the Commission;
Law Malaysia46 Act 655 (b) construct, alter, modify, disconnect or turn off any system of water supply, drainage, septic tanks, internal sewerage piping or piping internal individual sewerage together with not in accordance with the approved plans and specifications; or (c) make any alteration to the approved plans and specifications for water supply system, drainage, septic tanks, sewerage piping internal sewerage piping or individuals with other internal by this Act or by the subsidiary legislation commits an offence and shall, on conviction, to a fine not exceeding five hundred thousand dollars or to imprisonment for a term not exceeding five years or to both; and he shall change the water supply system, drainage, septic tanks, sewerage piping internal sewerage piping or individuals with internal it to conform to the approved plans and specifications.
(8) if the Commission is satisfied that any person has committed any offence under subsection (7), then even if the construction, alteration, modification, or closure of the Universiti connection might have been approved under any written law, the Commission may — (a) if the construction, alteration, modification, or closure of the Universiti connection completed, direct that person, owner or the land management Corporation or any combination of them , within the period specified, so that makes the construction, alteration, modification, extension or closure of the Universiti comply with in such manner as may be deemed fit by the Commission, or if this is not possible are exercised, so restore the land is as far as possible to its original condition prior to construction, alteration, modification, or closure of the Universiti connection started; or (b) if the construction, alteration, modification, extension or closure of the Universiti uncompleted, direct that person, owner or Corporation land management water services industry the 47 so stop immediately the work of construction, alteration, modification, extension or closure of the Universiti and comply with any requirements deemed fit by the Commission or, if this is not possible are exercised, to restore the land is as far as possible to its original condition prior to construction , alteration, modification, or closure of the Universiti connection started.
(9) if there is no permission or plans approved has been obtained for any construction, alteration, modification, extension or closure of Universiti and the Commission was directing that an application has been made to obtain permission or approval of the plan, the command should not be used as a sign of willingness to grant permission or consent and shall be without prejudice to any powers of the Commission under this Act and its subsidiary legislation.
(10) If an order for the cessation of which has been issued under subsection (8) is not complied with, the Commission may in addition to remedies under section 177 directly evict any person or transfer any equipment, vehicles, machines or items from the site to ensure the cessation of construction, alteration, modification, extension or closure of the Universiti and for this purpose may request the assistance of the police.
(11) Notwithstanding subsection (7), (8) and (10), the Commission may carry out any work or take any steps — (a) if the Commission is of the view that work or steps is in the interest of public health; (b) if the Commission is of the view that steps need to be working or to prevent a definite danger to the environment; or (c) in the case of non-compliance with any direction given under subsection (8), and work as well as the move can be in addition to or as a substitute anything required to be done under any instruction issued by the Commission under subsection (8) and the Commission may seek law Malaysia48 Act 655 all expenses incurred with reasonable by the Commission in doing so from the person who has committed an offence under this section.
(12) If termination has been directed by the Commission, the Commission may allow the construction, alteration, modification, extension or closure of the Universiti restarted subject to compliance with any direction and conditions specified by the Commission.
(13) the Commission may refuse to allow the construction, alteration, modification, extension or closure of the Universiti restarted under subsection (12) until all the expenses incurred with reasonable by the Commission in ensuring the implementation of the work stoppage, and recruitment measures have been paid.
(14) a person who — (a) continue to undertake any activity once instructed to discontinue the work under subsection (8); (b) fails to comply with the instructions or conditions given by the Commission under this section; or (c) commits any act to hinder in any way the Commission or any person authorized by the Commission or any person acting on behalf of the Commission in exercising its powers under this section, commits an offence and shall, on conviction, to a fine not exceeding two hundred thousand ringgit or to imprisonment for a term not exceeding two years or to both.
requirements for developers to build water supply system and sewerage system 46. Developer of a new development must build a water supply system and sewerage system or a part of the system in its development in accordance with the requirements set out in the plans and specifications approved by the Commission in accordance with section 45.
Water services industry 49 Developer shall deliver water supply or sewerage system development are new to Licensee service 47. (1) subject to subsection (2) and (5), the developer of a new development in the area of distribution of water supply or sewerage service area service licensee, as the case may be, shall, upon the certificate of conformity of system of the water supply or sewerage system or the part of the system issued by the qualified person, rendering the water supply or sewerage system or the part of the system that are in development that to water distribution licensee or licensee services provides sewerage services, as the case may be, without any cost, for the purposes specified in subsection (3).
(2) the licensee shall receive the service water supply or sewerage system or the part of the system, as the case may be, after licensee service is satisfied that water supply or sewerage system or the part of the system that meet the requirements set out in the plans and specifications approved as well as standard.

(3) when the water supply or sewerage system or the part of the system is delivered to Licensee service, licensees of such services shall operate and maintain the system.
(4) a developer shall give or cause to landowners to provide Licensee service access to the water supply system and sewerage system or the part of the system for the purpose of handling and maintenance of the system.
(5) the Commission may exempt any developer from the requirements of this section.
(6) a person who fails to comply with this section commits an offence and shall, on conviction, to a fine not exceeding three hundred thousand dollars or to imprisonment for a term not exceeding three years or to both.
Law Malaysia50 Act 655 (7) in this section, "qualified person" means a person who is recognised by the Commission as one who is qualified to issue a certificate of conformity for the purposes of subsection (1).
damage to public water supply and sewerage system shall be repaired 48 public. (1) where, because of any act, neglect or default, any person has committed an offence under this Act or its subsidiary legislation and through the Act, neglect or default he has caused damage to any system of public water supply or sewerage system the public, the person may, in addition to any penalty imposed for that offence, are required to repair the damage and compensate the licensee for damage that has been caused it.
(2) the amount payable for repairing any damage under subsection (1) shall, in the case of dispute, decided by the Court have been calling the person causing the damage.
eligibility to run, etc., water supply system and sewerage system 49. (1) no part of any system of water supply or sewerage system can be worked, managed or operated or because that worked, managed or managed except by and under the control of a person who has any credentials and hold any certificates provided under this Act or prescribed.
(2) any person who contravenes subsection (1) commits an offence and shall, on conviction, to a fine not exceeding fifty thousand ringgit.
Permit for contractor 50. (1) subject to such exceptions as may be specified by the Commission, no person shall — (a) carry out any construction, extension, modification or repair water pipe and fittings for water services industry bring water or 51 will take water from the public mains;
(b) carry out any work necessary to connect pipe private connections to sewers or sewage treatment plants;
(c) construct, install or modify any part of the system of water supply or sewerage system;
(d) carry out maintenance services water supply or sewerage system but does not involve the operation of the system; or (e) operate, provide or hold contaminants penyahenap service or any sewerage sewerage services to another, without a written permit issued by the Commission.
(2) a person who fails to comply with subsection (1) commits an offence and shall, on conviction, to a fine not exceeding three hundred thousand dollars or to imprisonment for a term not exceeding three years or to both.
installation and connection pipe 51. All piping (except piping work hygiene), pipe connection works and any other works as well as all repairs, expansion and variation of such work in the future shall be undertaken only in accordance with this Act and its subsidiary legislation.
Chapter 2 Service water supply Agreement with consumers 52. (1) a person who supplied water by, or who have requested to prevent water supplied from water distribution licensee, shall, if required by the licensee of the water distribution, make an agreement with the licensee of the water distribution for the supply of water on any terms and conditions specified in the agreement before water is supplied.
Law Malaysia52 Act 655 (2) an agreement referred to in subsection (1) shall be in such form and content to comply with any rules made by the Commission under section 180.
Supply in bulk between licensees services providing water supply services 53. (1) an agreement for the supply of water in bulk made between licensees services providing water supply services must be registered with the Commission and cannot be enforced until the agreement is registered as such.
(2) If, on the application of the licensee service — (a) the Commission finds it necessary or expedient for the purposes of this Act so that licensees other services that provide water supply services provide water supply in bulk to the applicant; and (b) the Commission is satisfied that the giving and taking of that supply cannot be obtained through the agreement, then the Commission may direct the licensee other services to provide any supplies in any amount, for such period and upon such terms and conditions as provided for in the directive.
(3) in deciding the allocation will be made through the instructions with respect to the granting of any water supply by licensee service, the Commission shall take account of the licensee wishes to obtain the expenses incurred due to comply with its obligations under this section and to earn a reasonable rate of return on paid-up capital is subject to the licensee to achieve the desired level of efficiency.
(4) supply Agreement in bulk must comply with any rules made by the Commission under section 180 in respect of the supply agreement in bulk.
(5) this section shall apply only in respect of licensees providing service water supply that holds an individual license.
Water services industry 53 Reduction or termination of the supply of 54. (1) any licensee water distribution may, with the approval of the Commission — (a) reduce the amount or the water pressure supplied to any user if due to any circumstances beyond the reasonable control of water is insufficient to allow the full amount provided; or (b) temporarily discontinue the water supply.
(2) water distribution licensee is not liable for any damage faced by any person or property or for any reduction or termination of water supply which — (a) approved by the Commission; (b) due to the circumstances or accident caused by abuse or his own character; or (c) continuation caused by equipment or fittings that are not allowed.
(3) unless exempted or otherwise allowed under this Act or its subsidiary legislation, the water distribution licensees shall take all the necessary steps required, including providing water via tanker truck water, to ensure that users in the area of distribution of its water supply.
55 water supply restrictions. (1) if the Commission finds that there is reasonable cause to believe that any premises have been used or will be used for the Commission of an offence under this Act or its subsidiary legislation or under any other written law or for any other reason deemed fit by the Commission, the Commission may direct that water distribution licensees that cut the water supply to the premises.
Law Malaysia54 ACT 655 (2) water distribution licensees that may, at will and the procedure set out in the rules made by the Commission under section 180 — (a) temporarily discontinue the water supply to any premises; or (b) reduce or divert in whole or in part any paipnya or any part of the paipnya, for the purpose of carrying out maintenance and repair or alteration should any water supply system or any part of the system.
(3) Notwithstanding subsection (2), if in the opinion of the licensee of the water distribution, water supply, it is not secure for the purpose of supply to the public, or pose a health risk to the public, then the water distribution licensees shall immediately take measures under subsection (2) and shall notify the Commission of the measures taken by as soon as practicable.
(4) if the licensee water knows or has reason to know that the water supply is not secure for the purpose of supply to the public, or pose a health risk to the public and shall not — (a) temporarily discontinue the water supply to any premises; or (b) reduce or divert in whole or in part any paipnya or any part of the paipnya, the water distribution licensee commits an offence and shall, on conviction, to a fine not exceeding five hundred thousand dollars or to imprisonment for a term not exceeding five years or both.
Special emergency powers 56. (1) the Minister shall have any or all of the following powers during an emergency:

(a) prohibit or restrict the use of water — (i) generally or for the purpose mentioned;
Water services industry 55 (ii) during specified hours or otherwise; or (iii) in such manner as may be specified;
(b) impose — (i) limitation on the amount of water that can be used for such period as may be specified; (ii) any surcharges in respect of the use of water in excess of the limit imposed; or (iii) any other conditions as deemed necessary by the Minister;
(c) order the licensee or any person who owns or operates a water supply system to stop its operation upon such terms and for such period as the Minister considers necessary; or (d) order any person to provide water upon such terms and conditions as deemed necessary by the Minister.
(2) the Minister shall, as soon as practicable, after the exercise of any or all of its powers set out under subsection (1), publish a notice in the Gazette stating the details of the powers which have been carried out and actions that have been taken under subsection (1).
(3) the Minister may for any reason it sees fit — (a) limiting the application of subsection (1) for the area, group, class of persons, premises or activity set out; and (b) suspend or waive any provision of this section.
(4) the Minister may direct the Commission that — (a) take possession while on any system of water supply licensee and operate them or cause any other person to handle it in such a way the Minister thinks fit; and the law Malaysia56 ACT 655 (b) take or cause to be taken any steps include blocking device installation, control and being measured as well as the regulation and supervision of the disposal of the appliance that are necessary to ensure compliance with this section, and the licensee has control or possession over the water supply system shall deliver possession or control over the water supply system to any officer authorized by the Commission for that purpose or any other person who the Minister may think fit and the licensee shall take all necessary measures and provide all the assistance required by the Commission, officer or the person.
(5) a decision, order or direction of the Minister in the exercise of its powers under this section is final and cannot be challenged, dirayukan, revised, cancelled or questioned in any court.
(6) a person who fails to comply with an order of the Minister or the prohibition, restriction or imposition of authority made under subsection (1) or requirement under subsection (4) commits an offence and shall, on conviction, to a fine not exceeding three hundred thousand dollars or to imprisonment for a term not exceeding three years or to both.
(7) where any premises occupied by any person other than its owner, occupier of the premises shall be deemed to have committed an offence under this section unless it is proved that he has taken all reasonable steps to prevent the Commission of such.
(8) the Federal Government, the Commission and their agents and employees shall not be liable for any action as breach of contract or for any loss or damage caused by any deletions, cessation, reduction or restriction of water supply under this section.
(9) every licensee and employee and their agents shall not be liable for any action as breach of contract or for any loss or damage caused by any deletions, cessation, reduction or restriction of water supply under this section unless the water services industry deletions, cessation, reduction of 57 or restriction of water supply had been caused by — (a) negligence or wilful licensee , employees or their agents; or (b) violation by the licensee of his/her license terms and conditions or provisions of this Act or its subsidiary legislation.
(10) a person referred to in paragraph (1) (c) and (d) it shall not be liable for any action as breach of contract or for any loss or damage caused by any cessation of operation or supply of water, as the case may be, under this section.
(11) for the purposes of this section, an "emergency" means a the circumstances when — (a) inadequate water supply due to severe drought or industrial unrest, strike or lockout;
(b) the supply of water or the water supply system harm or pose a threat to public safety or public health; or (c) an occurrence giving rise to the circumstances demanded that the Minister finds it necessary for the exercise of its powers under this section.
Chapter 3 system and sewerage services authority to require premises connected to the public sewerage system 57. (1) the Commission may direct the owner or Management Corporation, or if the owner or Management Corporation cannot be detected with reasonable efforts, the occupier of any premises which are not connected to the public sewerage system, to build or install for the premises, within the period specified in the direction, a private connection pipe of any substance or size and at any level that allows the premises are connected properly and effectively to any public sewers or public sewerage system located in the the range of thirty metres from the boundary of the premises.
Law Malaysia58 ACT 655 (2) if the owner, MC or residents to whom directions under subsection (1) has been issued fails to comply with the directive within the period specified in the directive, the Commission or any person authorized by the Commission may construct or install pipes the private connections or cause to the pipes were built or installed and get the expense incurred in building and installing such pipes from the owner , MC or the occupants.
The power to require the developer to connect the development to the public sewerage system 58. (1) the Commission may direct the developers any development which is not connected to a public sewerage system, to build or install to the development, within the period specified in the direction, a pipe connection from any material or size and at any level that allows the development of connected properly and effectively to any public sewers or public sewerage system.
(2) if the developer to whom directions under subsection (1) has been issued fails to comply with the directive within the period specified in the directive, the Commission or any person authorized by the Commission may construct or install pipes the private connections or cause to the pipes were built or installed and get the expense incurred in building and installing such pipes from developers.
Needs so that proper drainage for sewage made 59. (1) where any premises at any time kumbahannya not properly drained through adequate private connections pipe connected to public sewers or public sewerage system in accordance with this Act or its subsidiary legislation or otherwise until the Commission is satisfied, the Commission may give notice in writing requiring the owner or the MC of the premises or, if the owner or the MC that cannot be detected with reasonable endeavours , residents of water services industry the premises so as to build 59 or install from the premises that a pipe of any substance or size and at a level and with a gradient that is deemed necessary by the Commission that allows sewage drained from the premises or to construct any other system is deemed to be necessary by the Commission.
(2) if the owner, MC or residents to whom the notice under subsection (1) has been issued fails to comply with the notice within the period specified in the notice, the Commission or any person authorized by the Commission may construct or install pipes or any other system which is deemed necessary by the Commission or cause to the pipe or the system built or installed and get the expense incurred in building and installing pipe or the system of owner , MC or the occupants.
(3) a person who fails to comply with a notice given under subsection (1) commits an offence and shall, on conviction, to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding six months or both of each.
Unauthorized connection to public sewers, etc.
60. (1) No person shall, without the prior written approval of the Commission — (a) make or cause or allow any private connection pipes, drains or sewers connected directly or indirectly to any public sewers or public sewage treatment; or (b) close, prevent, suppress or divert any public sewer.
(2) the Commission may — (a) order any person who contravenes subsection (1) to stop using, or demolish or otherwise dispose of, any obstacles, private connection pipes, drains or sewers that are berlanggaran with that subsection; or law Malaysia60 ACT 655 (b) demolish or otherwise remove obstacles, tap private connections, drains or sewers and get expenses incurred while doing so from that person.

(3) the Commission may refuse to allow any person to make a connection to any public sewer or sewage treatment place public if — (a) public sewers or public sewage treatment plants, it is not or will not have the ability or the force of the load required to receive sewage to be discharged through the proposed extension; or (b) the Commission found that the way the construction or condition of the public sewer or public sewage treatment that is such a way that the making of the connection may affect the public sewerage system.
(4) any person who contravenes subsection (1) or fails to comply with an order issued under subsection (2) commits an offence and shall, on conviction, to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding six months or to both.
Effluent is a prohibited or hazardous substance cannot be released into the public sewers, etc.
61. (1) No person shall discharge into or allow discharge into any public sewer or public sewage treatment place — (a) any effluent is restricted, without the approval of the Commission; (b) any hazardous substances, VOCs or combustible or any other thing that might damage or reduce the functionality of any public sewers or public sewage treatment flow or interfere with or affect the content for free treatment or disposal of the contents; or (c) any effluent, substance or material of the grinding rubbish or any other device specified by the Commission, without the approval of the Commission.
Water services industry 61 (2) any person who contravenes subsection (1) commits an offence and shall, on conviction, to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding one year or to both.
Responsibility for communal septic tank 62. (1) a septic tank used for more than one premises shall be deemed to be the joint responsibility of the owner or occupier of the premises, regardless of the location of the septic tank.
(2) every owner or occupier shall be liable to pay charges for sewerage services as if they were the owners of individual septic tanks.
Power to install or build private sewerage system or septic tank 63. (1) the Commission may direct the owner or Management Corporation of any premises, or if the owner or the MC that cannot be detected with reasonable efforts, the occupant of the premises, to install or build a sewerage system or private septic tanks for the premises as may be deemed necessary by the Commission.
(2) the cost of the construction or installation of sewerage system or private septic tanks shall be borne by the owner or the MC of the premises, or if the owner or the MC that cannot be detected with reasonable efforts, the occupants.
Power to require private sewerage system, etc., are made well and orderly as supposed to 64. (1) if the Commission is satisfied that — (a) a private drainage, septic tanks, sewerage piping internal sewerage piping internal individual or together in any premises or used by any premises; or legal Malaysia62 655 ACT (b) a private connection pipe that connects any premises to a public sewerage system, is flawed or not maintained properly or needs repair, the Commission may issue instructions to the owner, MC or occupier of the premises or the owner or Management Corporation in charge of the sewerage system, private septic tanks, sewerage piping internal sewerage piping, in-house individual or joint pipe the private connections to repair private sewerage system , septic tanks, sewerage piping, sewerage piping internal individual internal pipe or joint or private connections he was regularly making it sufficiently within the period specified in the instructions.
(2) if the Commission is satisfied that, by reason of any obstacles, any premises place lies a septic tank do not have adequate access for the purpose of menyahenap contaminants that septic tanks, the Commission may issue a directive to the owner, MC or occupier of the premises so as to remove the obstacles within the period specified in the instructions.
(3) if the person to whom directions have been issued under subsection (1) or (2) fails to comply with the directive within the period specified in the instructions — (a) the Commission or any person authorized by the Commission shall, on the expiry of that period, perform the works required in the instructions and can get expense incurred in doing so from the owner, the MC or the occupants; or (b) the Commission may direct the licensee service within the sewerage service to manage and operate private drainage, septic tanks, sewerage piping internal sewerage piping, in-house individual or joint pipe private connections, as the case may be, for such period as determined by the Commission and to impose a Water Service Industry 63 charges against the owner, occupier or Management Corporation for services rendered by the licensee of the service.
(4) for the purposes of paragraph (3) (b), the owner, the MC and the occupants of the premises shall give licensee services access to sewerage systems, private septic tanks, sewerage piping internal sewerage piping, in-house individual or joint pipe private connections, as the case may be, for the purpose of handling and maintenance of the sewerage system, private septic tanks, sewerage piping internal sewerage piping, in-house individual or joint pipe the private connections , as the case may be.
The obligation to operate and maintain the sewerage system, private, etc.
65. (1) the owner, MC or occupier of any premises who have private sewerage system or septic tank shall be — (a) give the licensee or permit holder sufficient access to the septic tanks for the purpose of allowing the septic tank serviced and dinyahenap contaminants;
(b) cause to be private drainage, septic tanks, pipe connection internal sewerage piping, private individuals, internal sewerage piping together and all supplementary tools maintained and taken care of so as not to be a nuisance or prejudicial to health;
(c) cause to be septic tanks that dinyahenap contaminants and, in the case of a sewerage system for private, serviced or maintained by a licensee or permit holder at such intervals and in such manner as may be prescribed; and (d) provide the licensee or permit holder sufficient access to the sewerage system for the purpose of enabling the private sewerage system the private examined, serviced or maintained.
Law Malaysia64 ACT 655 (2) the owner, MC or occupier of any premises, as the case may be, shall be fully responsible for the maintenance, refurbishment or replacement of piping internal sewerage or sewerage piping internal individuals together.
(3) any person who contravenes subsection (1) commits an offence and shall, on conviction, to a fine not exceeding fifty thousand ringgit.
Penalties in respect of nuisance, etc. caused by sewerage system or private septic tanks 66. (1) the owner or Management Corporation which is responsible for — (a) any system of private sewerage or septic tanks so dirty or that are or is such a way that becomes nuisance or hazardous to health; or (b) any premises which are not dialihudarakan in a manner that makes harmless to the fullest extent practicable any gas, vapour, dust or other impurities harmful issued from private sewerage system or septic tanks that, guilty of an offence and shall, on conviction, to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding six months or to both.
(2) the Commission may direct the owner or Management Corporation or, if the owner or Management Corporation could not be located by reasonable efforts, occupants of premises where private sewerage system or septic tanks that are placed or are, to discontinue the nuisance, harm or danger that.
(3) if the owner, occupant or Management Corporation that does not comply with the instructions of the Commission under subsection (2), the Commission or any person authorized by the Commission may discontinue the nuisance, harm or danger and expense incurred by the Commission or authorized person shall be borne by the owner, the MC or the occupants.
Water services industry Contracts for the provision of 65 sewerage services 67. (1) the owner, MC or occupier of any premises provided sewerage service shall be deemed to be, as soon as the sewerage services provided for such premises, has contracts with licensees the service that provides sewerage services for the provision of sewerage services.

(2) an agreement referred to in subsection (1) shall be in such form and content to comply with any rules made by the Commission under section 180.
Part V CONSUMER PROTECTION, DISPUTE RESOLUTION and INVESTIGATION Chapter 1 consumer protection Standard user 68. (1) the Commission may, on their own initiatives or on the recommendation of the Forum of water, prepare or cause to be prepared a standard user who shall include setting an example for — (a) meet with its reasonable needs of users;
(b) address the complaint and dispute the customer including the process of mediation in addition to the courts, and procedures for compensation in the event of a breach of standard client user; and (c) the protection of user information.
(2) the matters that can be dealt with by standard users can include — (a) the provision of information to the user in respect of the services, rates and performance;
(b) the level of service and quality of service to be provided to users;
(c) procurement service repair damage;
Law Malaysia66 ACT 655 (d) practice the imposition of charges, billing, collection and credit customers; and (e) any other matter relating to the user.
Water Forum 69. (1) the Commission shall nominate a body to be known as the "Water Forum" for the purposes of this Act by notifying the body in writing, if the Commission is satisfied that — (a) membership of the body is open to all persons; (b) the body is unable to perform as required under the relevant provisions of this Act; and (c) of the body that have the Constitution writing.
(2) the Body shall agree in writing to be Forum water before the nomination can be registered.
(3) the Commission may decide that an existing body that has been named as the Forum of water before it ceased to be the appropriate body for the purposes of this Act, if the Commission is satisfied that the body no longer meets the requirements set out in subsection (1).
(4) a nomination or the withdrawal of a nomination under this section shall become effective from the date of registration or the date of the later stated.
The Function Of The Water Forum 70. (1) Water Forum shall have all of the functions assigned to it under this Act and, without prejudice to the generality of the provisions previously, Water Forum shall have the following functions: (a) to provide feedback and make recommendations to the Commission on any matter relating to the interests of consumers for water supply services and sewerage services;
(b) to represent the interests of consumers for water supply services and sewerage services;
Water services industry 67 (c) to promote the interests of consumers with respect to tariffs and standards for water supply services and sewerage services;
(d) to identify and review the matters affecting the interests of consumers and ensure that companies for water supply services and sewerage service aware, responsive, and concerns about their service;
(e) to make publicity about the existence, functions and work in Water Forum to protect the interests of users;
(f) to carry out such functions as may be determined by the Commission.
(2) the Commission shall duly take into account the recommendations of the Forum of water in the course of its powers and the performance of its functions under this Act.
Chapter 2 dispute resolution of disputes 71. (1) a dispute between — (a) two holders of a licence or permit holder or more;
or (b) the holder of a licence to the permit holder, in respect of any matter under this Act or its subsidiary legislation shall first attempt to be resolved through talk negotiations between the parties to the dispute.
(2) if the parties to a dispute could not reach an agreement, the parties may seek dispute resolution by referring the dispute to a Committee established by the Commission to hear and settle disputes.
(3) Reference under subsection (2) shall be in writing.
Dispute procedure 72. (1) a Committee established by the Commission to hear and settle disputes can only do law Malaysia68 ACT 655 so under this chapter if the Committee is notified in writing of the dispute.
(2) the Committee shall adopt any procedures it regards fit and proper in the hearing of a dispute.
Committee to decide on disputes notified 73. (1) on receipt of a written notification of the parties to a dispute referred to in section 71, the Committee shall meet as soon as that could be implemented to determine the dispute.
(2) the Committee shall be governed by subsection (1) to meet to decide a dispute if the Committee is satisfied that — (a) a consensus will not be reached, or will not be achieved in a reasonable time;
(b) notification of the dispute is not a lightweight, frivolous or inconvenience; and (c) dispute resolution that will promote the purposes of this Act.
(3) the Committee may resolve the dispute on such terms as it may absolutely deem fit.
The decision shall be in writing 74. (1) these terms and conditions any dispute resolution by the Committee under this chapter shall be accompanied by reasons and shall be in writing.
(2) the Committee shall give the parties to the dispute a copy of the decision as soon as workable.
(3) the decision of the Committee shall be binding on the parties to the dispute.
Water services industry 69 Registration decision 75. (1) the Commission shall maintain a register of all decisions of the Committee under this chapter in accordance with section 176.
(2) the Register shall include — (a) the names of the parties to the dispute; (b) a general description of matters relating to the decision and the decision; and (c) the date of the decision, unless the reason for the decision.
Enforcement results 76. A decision rendered by the Committee may, with the permission of the sessions Court, become enforceable in the same manner as a judgment or order to the same effect, and if such permission is granted, the judgment can be included in accordance with the terms of the decision.
Chapter 3 Investigation Investigation by Commission 77. (1) the Commission shall, in response to a directive by the Minister, conducts investigations on any matter of a general associated with the administration of this Act or its subsidiary legislation.
(2) the Commission may convene an investigation on any matter — (a) in response to a written request from someone; or (b) on their own initiatives, only if it is satisfied that the matter has significant importance either to the public or to current licensees or prospective licensees under this Act.
Law Malaysia70 ACT 655 Conduct investigation 78. (1) an investigation under this chapter shall be carried out as and when deemed fit by the Commission.
(2) the Commission may consolidate two or more investigations into a single investigation.
(3) all investigations shall be open to the public.
Publication of the notice of inquiry 79. (1) if the Commission directed by the Minister to conduct an inquiry under subsection 77 (1) or decide to hold an inquiry under subsection 77 (2), the Commission shall publish, in such a way that it regards appropriate, a notice on the following matters: (a) the fact that it will be conducting the investigation;
(b) the duration of the inquiry will be held; (c) the nature of the matters related to the investigation;
(d) a period of at least forty five days, in which, and the form of that with it, the public is invited to make submissions to the Commission on the matter;
(e) the matters required by the Commission in order to be covered by the submissions; and (f) the address or addresses public submissions that can be sent.
(2) the Commission is not required to publish a notice on all matters referred to in subsection (1) at the same time or in the same way.
(3) the Commission shall consider any submissions received within the period specified in the notice.
(4) the Submissions made by members of the public shall be in such form and of such nature specified in the notice.
Water services industry 71 Investigations are closed and secret materials 80. (1) Notwithstanding subsection 78 (3), an inquiry or part of an investigation can be carried out confidentially if the Commission is satisfied that — (a) the document or information which may be given, or a thing that may arise during the public inquiry or a part of the investigation is secret; or (b) inquiry or part of the investigation on an item or part of an item that will not be availed to the proper administration of this Act if the investigation or a portion of the inquiry is open to the public.
(2) the Commission may direct that all evidence, documents or other materials of a secretly submitted at the inquiry is not published or disclosed by any person or that the publication or disclosure of evidence, documents or such material by any person shall be limited.
(3) If an investigation or part of the investigation took place privately, the Commission shall give directions as to the persons who may be present at the investigation or part of the investigation.
Report on inquiry

81. (1) The Commission shall publish a report on dapatannya in connection with any inquiry conducted by him.
(2) the Commission shall publish the report within sixty days from the conclusion of the inquiry.
(3) the Commission may not include in the report any document, information or material — (a) a secret; (b) that penzahirannya may affect the fair trial of any person; (c) which may involve the unreasonable disclosure of personal information about any person (including a person who has died); or law Malaysia72 ACT 655 (d) subject to an order made under section 80.
Protection from civil actions 82. There are no civil proceedings may be taken against any person in respect of any loss, damage or injury suffered by a person to another due to any of the following acts performed in good faith: (a) the making of a request for the holding of an inquiry under section 77; or (b) the making of a statement to, or provision of a document or information to the Commission in respect of an inquiry under this chapter.
Express reports 83. The Commission shall maintain a register of all reports made pursuant to an investigation under this chapter, in accordance with section 176.
PART VI RATES, charges and DEPOSIT regulations on the rates, charges and 84. (1) the Minister may, on the recommendation of the Commission, make regulations to prescribe the level of rates to be charged for water supply services and sewerage services.
(2) without prejudice to the generality of subsection (1), regulations may be made — (a) to prescribe the rate of water supply services and sewerage services include the supply of water in bulk;
(b) to set the level of the different rates for water supply services and sewerage services based on user category, total consumption, type of use and geographical location or by any other means considered appropriate by the Commission;
Water services industry 73 (c) to set the connection, reconnection charges or any other charges, and deposit, in relation to water supply services and sewerage services;
(d) to provide for the publication or disclosure of rates for water supply services and sewerage services; or (e) to prescribe the rate of billing and charges through the meter and submeter for the building.
Power to exclude rates, charges or deposits 85. The Minister may exempt any person or organisation of payment of such rates, charges or deposits relating to supply water or sewerage services on such terms and conditions as it thinks fit.
Rates and charges specified can be collected and held save by licensee 86. (1) a licensee may claim, collect and retain all rates and charges specified in respect of the supply water or sewerage services to any premises user.
(2) water distribution licensees shall be allowed to claim, collect and retain all rates and charges set for and on behalf of the licensee is the service that provides sewerage services, if so authorized by the licensee is the service that provides sewerage services then.
(3) distribution licensees claiming water, collect and retain all rates and charges set for or on behalf of licensee services provide sewerage services under subsection (2) shall be entitled to exercise all rights and remedies under sections 88 and 89 in respect of the failure to pay the sewerage service.
(4) a copy of the authorisation given by the licensee is the service that provides sewerage service shall be given by the water distribution licensees to the law Malaysia74 ACT 655 customers concerned licensee services provide sewerage services before to claim, collect and retain all rates and charges may be.
Authority to require deposit of 87. (1) the licensee of service may, subject to any subsidiary legislation made under this Act, require any person who asks for any supply of water or sewerage service to deposit with the licensee that any amount of money stipulated before water or sewerage services can be supplied to any premises.
(2) the Deposit, when made, shall have interest when paid back and took the depositor or user from the obligation to make good any bills for the supply water or sewerage services provided to him by the licensee.
(3) where the water supply cut off by licensee services caused by failure of depositors or users to make good any bill under section 89, the amount specified in the Bill from the date of such billing until the date when the water supply is cut can be retrieved from the deposit.
Get money due 88. (1) any sums in respect of — (a) water supplied or services rendered in connection with the supply; or (b) the provision of sewerage services, shall be paid, within thirty days from the date of delivery of the Bill, to licensees of such services and if the amount is not paid, the amount of such can be obtained by licensee services through civil action in court.
(2) a written statement by employees of licensee duly certified by the licensee or any person authorised by the holder of such licence stating the amount due shall be prima facie evidence of the payment to be made by the consumer under subsection (1).
Water services industry 75 (3) the exercise of the powers conferred by this section shall be without prejudice to the powers of the holder of a licence under section 89.
Cutting water supply 89. (1) subject to subsection (2), water distribution licensees may — (a) cutting the water supply to a user closing the tap water service or discontinue the water supply include the right to reduce the water supply or water supply pressure; and (b) take any other methods as it may absolutely deem fit and proper.
(2) water distribution licence holders can exercise of its powers under subsection (1) if the owner, MC, occupant or user — (a) does not explain the amount of — (i) water provided;
(ii) services rendered in connection with the supply of water;
(iii) sewerage services rendered; or (iv) the deposit required under section 87, within thirty days from the date of delivery of the Bill;
(b) that, having had a contract with licensee water for water supply, allow or cause to any such water supply drained or carried or used outside the premises for purposes other than the purposes of the contract except for extinguishing fires;
(c) misuse or waste or causes or permits to be misused or wasted any water supplied to the premises;
(d) after they agree to use water supplied for a specific purpose only, use or causes or permits to be the water used for different purposes other than extinguishing fire; or law Malaysia76 ACT 655 (e) has violated any provision of this Act or its subsidiary legislation.
(3) before exercising his power under subsection (1), water distribution licensees shall give a written notice to the owner, MC or occupier of the premises or the user to meremedikan or correct the violation or default within fourteen days from the receipt of the notice.
(4) If upon the expiration of the period specified in the notice given under subsection (3), the owner, MC or occupier of the premises or the user, as the case may be, not meremedikan or correct the violation or default, the water distribution licensees can continue to exercise its powers under subsection (1).
(5) no nothing in this Act may require the licensee to carry out water distribution rights and remedinya under paragraph (1) (b) before it is running right and remedinya under paragraph (1) (a).
(6) if — (a) licensee water exercise of its powers under subsection (1) in respect of any premises; and (b) supply water or sewerage services is available to the premises and other premises wholly or partly through the same service water pipe, the water distribution license holders may exercise the same power against other premises that only if the same person was the occupant of the premises and other premises also.
(7) water distribution licensees shall, within twenty-four hours and in any case no later than two days from the date of full payment of the sums payable under sections 87 and 88, connect the water supply to the premises provided that the owner or occupier of the water distribution licensees gives it access to its premises to carry out the work of reconnection.
Water services industry 77

(8) Notwithstanding subsection (7), water distribution licensees shall have the right to obtain from the owner or occupier of the premises the cost of water supply disconnection and reconnection of water supply after the cut. The water distribution licensees shall not be liable for any damage faced by any user or other person or property caused by the cuts.
(9) if the water supply to any premises has been cut off by water distribution licence holders and found that the supply is connected again without the permission of the water distribution licensee, occupant of the premises shall be deemed, until the contrary is proved, to have been reconnecting or allow reconnection of the water supply and he commits an offence and shall, on conviction, to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding six months or to both.
Water distribution rights licensee that is licensed to provide sewerage services 90. Water distribution licensees who are also licensed to provide sewerage services under this Act shall be entitled to exercise all rights and remedinya under this section regardless of — (a) whether the water distribution licensees have agreements with users for the supply water or sewerage services; or (b) the terms of any existing agreement with users for the water supply or the provision of sewerage services.
PART VII TRIBUNAL APPEALS For The Establishment Of A Tribunal Of Appeal 91. An Appeal Tribunal shall be established for the purpose of reviewing any of the following matters on appeal: (a) any instructions given by the Commission under this Act or its subsidiary legislation;
Law Malaysia78 ACT 655 (b) decision of the Commission not to register any agreement that requires registration under this Act or its subsidiary legislation;
(c) the results of any Committee established by the Commission to hear and settle disputes under Chapter 2 part V;
(d) decision of the Commission to give or not give approval under section 45;
(e) decision of the Commission under section 59; and (f) the instructions of the Commission under section 64.
Membership Of The Tribunal Of Appeal 92. (1) the Appeal Tribunal shall consist of the following members who shall be appointed by the Minister: (a) a Chairman; and (b) at least two other members, or any number of larger members as deemed necessary by the Minister.
(2) the Minister shall appoint a person who is a member of the Federal judicial and legal service for at least ten years or who is a barrister and solicitor of the High Court which is conducting the practice of at least ten years to be the Chairman of the Appeal Tribunal.
(3) appointment of members of the Appeal Tribunal shall be published in the Gazette.
(4) a member of the Appeal Tribunal referred to in paragraph (1) (b) — (a) shall hold office for a term not exceeding three years; and (b) shall be eligible for re-election after the expiration of his Office but not be appointed for more than two consecutive periods.
Water services industry 79 93 Allowance. (1) members of the Appeal Tribunal appointed under section 92 shall be paid such allowances and any other allowances as determined by the Minister.
(2) members of the Appeal Tribunal shall be — (a) a daily sitting allowances during the Appeal Tribunal; and (b) received allowances for accommodation, travel and living, as determined by the Minister.
Resignation and revocation of appointment of 94. (1) the Chairman or any member of the Appeal Tribunal may at any time resign his Office by giving notice in writing to the Minister.
(2) the Minister may at any time revoke the appointment of the Chairman or any member of the Appeal Tribunal other if — (a) he is not of unsound mind or otherwise unable to carry out its work and manage its affairs;
(b) he becomes bankrupt or insolvent; (c) he is prohibited from being a Director of the company under the provisions of any written law relating to the company;
(d) he has been convicted of an offence under any law by a court in Malaysia;
(e) he has been guilty of serious misconduct in relation to its work;
(f) he fails to comply with its obligations under section 96; or (g) its performance is not satisfactory for a significant period of time.
Vacation of Office and appointment of new or temporary 95. (1) the Chairman or any member of the Appeal Tribunal to another shall be vacated if — (a) he dies;
Law Malaysia80 ACT 655 (b) he resigns or otherwise vacate his post before the end of the period for which he is appointed; or (c) his appointment is revoked under section 94.
(2) the Minister shall appoint another person in accordance with section 92 to replace the Chairman or any member of the Appeal Tribunal to another during the vacancy the Chairman or member of the Appeal Tribunal.
(3) the Minister shall appoint another person temporarily in accordance with section 92 to act as Chairman or any member of the Appeal Tribunal other — (a) during any period when the Chairman or any member is absent on duty or not available in Malaysia; or (b) if the Chairman or members, for any other reason, unable to perform the duties of his Office.
(4) no action done or proceeding taken by the Appeal Tribunal in the exercise of its powers or the performance of its functions can be affected by reason there is any vacancy in the membership of the Appeal Tribunal.
Disclosure of interest 96. (1) a member of the Appeal Tribunal shall disclose, with as soon as practicable, to the Chairman of any interest, either substantial or not, which may conflict with the Member's duties as a member of the Appeal Tribunal in a particular matter.
(2) if the Chairman is of the opinion that the Member's interest in conflict with the Member's duties as a member of the Appeal Tribunal, the Chairman shall notify all parties to the matter regarding the conflict.
(3) If no party to object to the matter of the conflict, the Member can continue to carry out its work as a member of the Tribunal in relation to that matter.
(4) where a party in the matter of the protest about the conflict, members of the Appeal Tribunal cannot continue the implementation of its duties as a member of the Appeal Tribunal in respect of that matter.
Water services industry 81 (5) the failure by the Member to disclose his interest under subsection (1) shall — (a) the Appeal Tribunal decision menidaksahkan unless all parties agree to be bound by the decision; and (b) make the Member subject to the revocation of his appointment under section 94.
The Secretary to the Appeal Tribunal and other officers 97. (1) a Secretary to the Appeal Tribunal and any number of officers needed to carry out the function of the Appeal Tribunal shall be appointed.
(2) the Minister may designate such number of public officers deemed eligible by the Minister to assist the Secretary in carrying out its functions under subsection (1).
(3) for the purposes of this Act, the Secretary and officers determined under subsection (2) shall be deemed to be an officer of the Tribunal of appeal.
An appeal to the Appeal Tribunal 98. (1) any person aggrieved by a decision or direction of the Commission or Committee as stated in section 91 may appeal to the Appeal Tribunal by filing a notice of appeal with the Appeal Tribunal.
(2) a notice of appeal shall be made in writing to the Appeal Tribunal within thirty days from the date of the decision or direction of the Commission or Committee and the appellant shall give a copy of the notice to the Chairman of the Commission or Committee.
(3) the notice of appeal shall state briefly the content of the decision or direction of the Commission or a Committee, shall contain the address dirayukan where any notice or document relating to the appeal may be served upon the appellant or Attorney belanya and shall be signed by the appellant or Attorney belanya.
Law Malaysia82 ACT 655 Records decision or direction of the Commission or Committee 99. (1) the person aggrieved referred to in subsection 98 (1) may, on their own initiatives, request in writing to the Commission or Committee to obtain a statement of reasons for a decision or direction of the Commission or Committee.
(2) subject to subsection (3), the Commission or the Committee shall, upon receipt of a written request under subsection (1), provide a copy of the statement of reasons for decisions or instructions to the person aggrieved on payment of the prescribed fee.
(3) when a notice of appeal has been filed with the Appeal Tribunal under subsection 98 (1), the Commission or Committee shall, if it has not write reasons for decision or instructions on matters specified in the notice as may be requested by the appellant under subsection (1), record in writing reasons for decision or instructions and the written reasons shall form part of the record of the proceedings before the Appeal Tribunal.
Suspension of decision or directive pending appeal

100. (1) Pending the results of the appeal by the Appeal Tribunal, a decision or direction of the Commission or Committee is valid, binding and enforceable except where a suspension of the decision or direction of the Commission or Committee has been requested by the appellant and allowed by the Appeal Tribunal.
(2) an application for suspension must be in writing and shall be made to the Appeal Tribunal on or after notice of appeal is filed with the Appeal Tribunal.
The Composition Of The Tribunal On Appeal 101. (1) every Appeal Tribunal proceedings shall be heard and disposed of by three members of the Appeal Tribunal or any number of odd bigger as decided by the Chairman in any particular case.
(2) in the absence of the Chairman, the members of a more right-shall be the Chairman.
Water services industry Appeals Tribunal 102 83 Conference. (1) the Appeal Tribunal shall be convened on such date and at any place determined by the Chairman from time to time.
(2) the Chairman may cancel or postpone any Conference Tribunal appeal and can change the place appointed under subsection (1).
(3) any change of date or place any Conference Tribunal appeal shall be notified to the parties to the appeal in writing.
Procedure Of Appeal Tribunal 103. The Appeal Tribunal shall decide its own procedure.
The Appeal Tribunal Power 104. (1) the Appeal Tribunal shall have power — (a) to convene the parties to the proceedings or any other person to appear before it to give evidence in respect of an appeal;
(b) to seek and receive evidence vow or pledge whether written or verbal, and examine all such persons as witnesses as may be deemed necessary by the Appeal Tribunal;
(c) If a person called so, to require the production of any information, document, record or other thing in his possession or under his control which are deemed necessary by the Tribunal of appeal for the purposes of the appeal;
(d) to handle any oath, affirmation, or statutory declaration, in accordance with the requirements of the State;
(e) If a person called so, to allow the payment of any reasonable expenses incurred in connection with his presence;
(f) to receive evidence or reject the evidence presented, whether oral or dokumentar, and whether it is acceptable or not acceptable under the law Malaysia84 ACT 655 provisions of any written law for the time being in force relating to the admissibility of evidence;
(g) to postpone the hearing of the appeal, including the power to delay for considering its decision; and (h) to generally direct and do all things necessary or expedient in order to speed up the results of the appeal.
(2) the Appeal Tribunal shall have the powers of a court in respect of the enforcement of attendance of the witness, the hearing of evidence in vowed or pledged and pass sentence as insult the Court.
The Decision Of The Tribunal Appeal 105. (1) decision of the Tribunal appeal, on any subject, shall be decided by a majority of its members.
(2) a decision of the Appeal Tribunal shall be final and binding on the parties to the appeal and is not further shall be appealable.
Enforcement of Tribunal decision 106 Appeal. A decision rendered by the Appeal Tribunal may, with the permission of the sessions Court, become enforceable in the same way as a judgment or order which has the same effect, and if such permission is granted, the judgment can be included in accordance with the terms of the decision.
Action immunity because the Act or omission made in good faith 107. No action or suit shall be instituted or maintained in any court against — (a) the Appeal Tribunal; (b) the Chairman or any member of the Appeal Tribunal; (c) the Secretary or any other Appeal Tribunal officer; Water services industry or 85 (d) a person authorized to act for and on behalf of the Appeal Tribunal, for any act or omission done in good faith in performing the function of the Appeal Tribunal or its function and power consumption of the Appeal Tribunal or its powers under this Act and any subsidiary legislation made under this Act.
PART VIII PEMINDAHMILIKAN BUSINESS Interpretation Of 108. In this section, unless the context otherwise requires — "licensee" includes — (a) a person who holds a licence or authorization granted under Chapter 2 part XIII;
(b) a person who is exempted from holding individual licences under this Act; and (c) any person holding, controlling or handling assets forming part of a public water supply system or the public sewerage system;
"pemindah-owned" means the licensee that its business to be dipindahmilikkan to the licensee or other person under section 109;
"transferee" means the licensee or other person to whom the business pemindahmilikan to be made under section 109;
"business" means any activity carried out for the purpose of gain or profit and includes all property acquired from, or used in or for the purposes of such activities, and all rights and liabilities arising from such activities; and the law Malaysia86 ACT 655 "pemindahmilikan date" means the date on and from it an agreement or arrangement referred to in section 109 shall come into operation.
Sanctions required for restructuring, etc., of 109 licensees. (1) No person shall make an agreement or arrangement — (a) that would result in a change in control of the licensee or its proportion;
(b) for the sale, disposal or pemindahmilikan the whole or any substantial part of the business of the licensee;
(c) for consolidation or merger licensee with any other person; or (d) for the restructuring of the licensee.
(2) Notwithstanding subsection (1), a person may make an agreement or arrangement referred to in subsection (1) if — (a) an agreement or arrangement proposed is made in writing;
(b) an application in writing has been made to the Minister for his approval for the agreement or arrangement; and (c) the Minister has approved the agreement or arrangement.
(3) a person may make an application to obtain the approval of the Minister under paragraph (2) (b) by submitting a written request to the Commission together with a copy of the agreements or arrangements proposed and all information and other supporting documents, directly or indirectly, with the arrangement or agreement or relevant for the consideration of the Commission.
(4) At any time after receiving an application, the Commission may by notice in writing require the applicant or any other person who is a Director, controller or Manager the applicant to provide any information or additional documents.
Water services industry 87 (5) where any information or additional documents required under subsection (4) shall not be given by any person who is required to provide it within the period specified in the notice or within any extension of time granted by the Commission, the application shall be deemed to have been withdrawn and no longer be continued, without prejudice to the right of the applicant to make a new application.
(6) the Commission shall, upon receipt of an application referred to in subsection (3) and after given all information and documents required to, submit a recommendation in writing to the Minister as to whether the application to be approved or not and if approved, any conditions that may be imposed or any modifications or alterations that can be made.
(7) an application under — (a) of paragraph (1) (b) shall not be approved by the Minister if the agreement or arrangement would result in the sale, disposal or pemindahmilikan any part of the business of a licensee to a person who is not a licensee, except in relation to a part of the business that are not are required to be licensed under this Act; and (b) of paragraph (1) (c) shall not be approved by the Minister except in the case of a consolidation or merger with other licensees.
(8) if the Minister refuses to give his approval for an application, the Commission shall notify the applicant in writing of such refusal.
An application to the High Court to facilitate an agreement or arrangement to pemindahmilikan the whole or part of the business of the licensee to be enforced 110. (1) where the Minister has given his approval under section 109 for an application in respect of the agreement or arrangement under paragraph 109 (1) (b) or (c), pemindah title and the transferee may make a joint application to the High Court through ex parte originating summons to the law Malaysia88 ACT 655 get a court order as required by them to facilitate or enable such agreements or arrangements in force.
(2) the joint application is made under subsection (1) may be for all or any of the following order: (a) the date on and which of these agreements or arrangements shall have effect, that is to say a date earlier or later than the date of the application;

(b) vesting provisions of any property held by the pemindah owned, either on their own or in association with any other person, at transferee either alone or in association with any other person, on and from the date of pemindahmilikan on the same properties as well as subject and with their masingnya to power, provisions and liabilities in respect of which;
(c) for any existing instrument, whether in the form of a deed, a will or otherwise, or order of any court, under which or according to the currency of any property to be vested in the pemindah possession, shall be construed and enforced as-by any references to a pemindah owned in the instrument or the order is replaced by references to a transferee;
(d) for any existing agreement which pemindah belong to the him is, shall be construed and enforced as if the transferee is a party to the agreement in lieu of the pemindah-owned;
(e) if any rights or liabilities of the pemindah-owned dipindahmilikkan to the transferee, the transferee of the rights, powers and remedies the same is with pemindah-owned seems transferee at all times have the right or the obligation and the rights and obligations shall include rights and liabilities with respect to any legal proceedings or application to any authority that is pending immediately before the date of the pemindahmilikan by or against pemindah belongs to;
Water services industry 89 (f) any judgment or award obtained by or against the pemindah title and not settled in full before the date of the pemindahmilikan, shall be enforceable by or against the transferee; and (g) for all orders incidental, consequential and supplementary as may be necessary to ensure that the agreement or arrangement is implemented fully and effectively.
(3) on hearing an application under subsection (1), the High Court may issue an order in accordance with the terms applied for or with any modification or variation of it deems fair or should the Court in the circumstances of the case.
(4) where an order of the High Court under subsection (3) provides that pemindahmilikan any property or business vested or held by the pemindah owned, either on their own or in association with any other person, then by virtue of the order, property or business shall on and from the date of the pemindahmilikan be vested in or held by the transferee either alone or in association with any other person and that order shall become effective as these conditions notwithstanding Nothing contained in any law or in any specific area of law, and shall be binding on any person affected by the order irrespective of whether the person affected is not a party to, or does not have notice of the proceedings, or any other related proceedings under this section.
(5) High Court Order made under subsection (3) shall, subject to the directions of the High Court, published by the transferee in at least two daily newspapers published in Malaysia and approved by the Commission, one of which shall be in the national language and one in English.
(6) Pemindah belongs shall, within thirty days from the date of the making of the order of the High Court under subsection (3), lodge a certified copy of the following documents with the companies Commission of Malaysia and authorities law Malaysia90 ACT 655 appropriate, if any, in respect of the registration or recording of the transaction any movable property or interest on movable property which is dipindahmilikkan according to the order : (a) an order of the High Court; (b) an agreement or arrangement approved by the Minister under section 109; and (c) the approval of the Minister under section 109.
(7) If an order of the High Court under subsection (3) vest the land alienated or any share or interest on any land alienated, the transfer to the recipient — (a) the High Court shall, if the alienated land located within Peninsular Malaysia and the Federal territory of Putrajaya, pursuant to subsection 420 (2) the national land code, cause to a copy of the order is delivered to the Registrar of titles or land administrator , as the case may be, immediately after the making of the order so that the Registrar of titles or land administrator, as the case may be, shall enforce subsection 420 (2), (3) and (4) the national land code; or (b) if the alienated land is located within the Federal territory of Labuan, the transferee shall, as soon as practicable, after the order is made, submit a copy of valid the order to the Registrar for registration the alienated land vesting provisions or part or interest about the alienated land as provided under order of the Federal territory of Labuan (Modification of the Land Ordinance) 1984.
(8) an order of the High Court under subsection (1) may be related to any property or business pemindah belonging to outside Malaysia such and, where relevant, effect may be given against him either by any reciprocal arrangements relating to the enforcement of judgments that exist between Malaysia and the country, territory or place outside Malaysia in which the property or business is located , or if there is no such reciprocal arrangements, in accordance with the laws applicable in the country, territory or place it.
Water services industry 91 PART IX ASSUMPTION of CONTROL interpretation of the 111. In this section, unless the context otherwise requires — "licensee" includes — (a) a person who holds a licence or authorization granted under Chapter 2 part XIII;
(b) a person who is exempted from holding individual licence granted under this Act; and (c) any person holding, controlling or handling assets forming part of a public water supply system or the public sewerage system.
Licensee shall notify the Commission 112. Any licensee who found that — (a) it is insolvent; or (b) it has suspended payment at any point up to affect its operation, shall immediately inform the Commission about the fact that.
The Commission's action in respect of licensees in certain circumstances 113. (1) if the Commission — (a) was notified by the licensee of any of the circumstances referred to in section 112; or (b) is satisfied that — (i) that the license or authorization holder of a licence has been revoked and the licensee continued to provide water supply or sewerage services berlanggaran with this Act and its subsidiary legislation;
Law Malaysia92 ACT 655 (ii) that has the occurrence or contravention by the licensee of any such Commission instructions serious up to make improper licensees to continue to hold licences;
(iii) that the license holder or insolvent has suspended payment at any point that affect its operation or that the existence of facts or circumstances likely to lead to a licensee becomes insolvent or suspends payment of the licensee until such point that affect its operation; or (iv) that the licensee has violated any provision of this Act or its subsidiary legislation or in breach of any conditions of his/her license so serious up to make improper licensees to continue to hold licences, the Commission may, by order published in the Gazette, exercise any one or more of the following powers as it may deem necessary: (A) require the licensee to take any steps , actions or to do or not to do any act or thing in respect of the licensee or business, the Director or officer disclosed, and within the period specified by the Commission in the order;
(B) Notwithstanding anything contained in any written law or any limits contained in the constituent documents, get rid of the licensee the licensee an officer from his post with effect from the date specified in the order, (C) Notwithstanding anything contained in any written law or any limits contained in the constituent documents of the licensee , in particular, a limit on the minimum or maximum number of Directors — (i) remove any Director licensee from his post with effect from the date specified in the order; Water services industry or 93 (ii) appoint one or more as a Director or directors of the licensee and to make provision for any person appointed to such paid such remuneration by the licensee as specified in the order; or (D) appoint any person to advise the licensee in relation to the conduct of its business and should make provision for such person appointed paid such remuneration by the licensee as specified in the order.
(2) the power of the Commission under paragraph (1) (B), (C) and (D) shall be carried out only with the agreement of the previous Minister.

(3) if any of the circumstances set out in paragraph (1) (a) and (b) exists in respect of the licensee and the Commission is of the view that it is necessary in the public interest, the Commission may, whether the Commission has been exercising any of its powers under paragraph (1) (A), (B), (C) or (D) or not, make recommendations to the Minister: (a) that the Commission take over control over the whole property , the business and Affairs of the licensee and to undertake overall business and Affairs;
(b) that the Commission took over the control over any part of the property, business and Affairs of the licensee as set out by the Commission and carry out any part of the business and Affairs; or (c) in order for the Commission to appoint any person to exercise any powers of the Commission under paragraph (a) or (b) on behalf of the Commission; and (d) that the Commission, expenses or remuneration for such person appointed under paragraph (c), as the case may be, paid out of the assets of the holder of the license with a given priority of all other claims whether secured or unsecured.
(4) if the Minister agrees with the recommendation of the Commission under subsection (3), he shall make an order which shall be published in the Gazette stating his decision and actions to be taken by the Commission accordingly.
Law Malaysia94 ACT 655 (5) an order of the Commission under subsection (1), or an order of the Minister under subsection (4), may be amended or replaced from time to time by a further order under subsection (1) or (4), as the case may be.
(6) no order under subsection (1), (4) or (5) may be made unless — (a) the holder of a licence in respect of which the order is made; and (b) in the case of an order under paragraph (1) (B) or subparagraph (C) (i), officer or Director to be removed from the post, has been given a reasonable opportunity to make representations against, or otherwise regarding a proposed order,.
(7) Notwithstanding subsection (6), if in the opinion of the Commission — (a) in the case of an order made by the Commission under subsection (1) or (5); or (b) in the case of an order made by the Minister under subsection (4) or (5), any delay will harm the interests of consumers or the public, or any group of the public, the order can be made in advance and the opportunity to make representations against or otherwise in respect of such order shall, in that case, given immediately after the order is made, and such order may as a result of such representations, whether confirmed or varied or substituted under subsection (5), or cancelled under subsection (8).
(8) the Commission or the Minister may at any time revoke an order in the manner similar to the way the order made under subsection (1), (4) or (5), as the case may be.
(9) any person who contravenes an order of the Commission under paragraph 113 (1) (A), (B), (C) or (D) commits an offence and shall, on conviction, to a fine not exceeding two hundred thousand ringgit or to imprisonment for a term not exceeding two years or to both.
Water services industry Act of the Minister in respect of 95 licensees in the interest of the country's 114. (1) Notwithstanding any other provisions of this Act or any other written law, the Minister may, if he deems necessary in the interest of the country, by order published in the Gazette, direct that — (a) the Commission took over the control over the whole of the property, business and Affairs of the licensee and to carry out the whole of the business and Affairs of the licensee;
(b) the Commission took over the control over any part of the property, business and Affairs of the licensee as specified by the Minister and to carry out any part of the business and Affairs of the licensee; or (c) the Commission to appoint any person to carry out any actions directed in paragraph (a) or (b) on behalf of the Commission; and (d) the expenses of the Commission, or remuneration for such person appointed under paragraph (c), as the case may be, paid out of the assets of the holder of the license with a given priority of all other claims whether secured or unsecured.
(2) the determination as to what is about addressing the interests of the nation shall be made by the Minister and such determination shall be final and binding on all persons and cannot be challenged, dirayukan, revised, cancelled or questioned in any court.
(3) the power of the Minister under this section shall be conducted only with the prior approval of the Federal Government.
Provisions relating to the appointment under section 113 115. (1) a person appointed by the Commission under subparagraph 113 (1) (C) (ii), paragraph 113 (1) (D) or subsection 113 (4) shall be appointed for such period as determined by the Commission that does not exceed, in any case, two years, but can be re-elected for three successive periods that were more of not more than one year for each period.
Law Malaysia96 ACT 655 (2) the terms and conditions of an appointment referred to in subsection (1) shall, subject to the order under which the appointment is made, determined by the Commission and shall be binding upon the licensee.
(3) the appointment of a Director or directors under subparagraph 113 (1) (C) (ii) shall not affect any provisions of the constituent documents that allows the licensee to increase the number of Directors if the maximum number of directors permitted under the constituent document has not yet been reached or exceeded by appointment or appointment-appointment under subparagraph 113 (1) (C) (ii).
(4) any person who holds any appointment referred to under subsection (1) shall not incur any obligation or liability simply because he holds such appointments.
Provisions relating to the removal from Office under section 113 116. (1) any officer or Director of the licensee who has been removed from Office under paragraph 113 (1) (B) or subparagraph 113 (1) (C) (i), as the case may be, shall cease to hold office with effect from the date specified in the order, and shall not be beyond that date held any other position in the licensee or, in any way, either directly or indirectly , has to do with, participate or engage in, any activity, business or Affairs of the licensee or relating to the licensee.
(2) the removal of an officer or Director under paragraph 113 (1) (B) or subparagraph 113 (1) (C) (i) shall be valid notwithstanding anything contained in any contract or contract of service or other agreements, whether express or implied, either individually or collectively, and whether made or provided under any written law or not , and someone removed from such positions shall not be entitled to claim any compensation for loss of or termination of the posts.
Water services industry 97 provisions relating to the acquisition of control under section 113 or 114 117. (1) if control over the licensee has taken over under an order made under subsection 113 (4) or section 114, licence holders and the directors and officers shall be — (a) submit the property, business and Affairs to any such controls to the Commission or the person so appointed, as the case may be; and (b) provide the Commission or the person so appointed, as the case may be, all the facilities required to conduct the business and Affairs of the licensee.
(2) where control over licensees were acquired pursuant to an order made under subsection 113 (4) or section 114, the Commission, or the person appointed, as the case may be, shall continue to control the property, business and Affairs of the licensee concerned, and conduct the business and Affairs of the licensee in the name and on behalf of the licensee , as provided in the order, until the time when the order was cancelled.
(3) during the period of an order made under subsection 113 (4) or section 114 in force — (a) all the power of the licensee and the authority of the Director under constituent documents, licensee or that can be undertaken by the licensee or the Director under any written law, shall be vested in the Commission or the person appointed, as the case may be, regardless of whether that power may be exercised through a resolution of the special stipulation or by any other means and any difficulties arising from the vesting date can be resolved by the Minister by a direction in writing;
(b) no Director of the licensee to whom the order relates shall, either directly or indirectly, engage in any activities with regards to the law Malaysia98 ACT 655

with the licensee, except as required or permitted by the Commission or or-ang appointed, as the case may be, and no remuneration or any payment is accrued or payable to any Director of the licensee, except that anything approved in writing by the Commission or the person appointed, as the case may be, in respect of any activity required or permitted as the first by the Commission or the person so appointed , as the case may be; and (c) the Commission or the person so appointed, as the case may be, shall manage the assets and Affairs of the licensee to continue the supply of water and sewerage services to the public.
(4) an order under subsection 113 (4) or section 114 shall not have effect to give or vest any title to or any beneficial interest of any property of the licensee to whom the order relates at the Commission or the person appointed, as the case may be.
(5) where the control over the licensee has taken over pursuant to an order made under subsection 113 (4) or section 114, the Federal Government, the Minister, the Commission, any member of the Commission, any employee or agent of the Commission and the person so appointed shall not be liable for any action or proceeding in the courts by any party for any loss or damage caused by any act or thing done or omitted to be done by the Minister of Commission, any member of the Commission, any employee or agent of the Commission and the person so appointed in good faith and in the exercise of any functions or powers intended under this part.
(6) any person who contravenes subsection (1) or subsection (3) (b) commits an offence and shall, on conviction, to a fine not exceeding two hundred thousand ringgit or to imprisonment for a term not exceeding two years or to both.
Water services industry 99 (7) for the purposes of this section, section 118 and 119, "person appointed" means the person appointed by the Commission to take over control over the whole or part of the property, business and Affairs of a licensee on behalf of the Commission under an order made by the Minister under subsection 113 (4) or section 114.
The effect of preventing or menggalang the Commission or person appointed 118. (1) if control over licensees were taken over by the Commission or the person appointed under an order made under subsection 113 (4) or section 114, no person shall prevent or menggalang the exercise of any of the duties, rights or powers by the Commission or the person so appointed.
(2) any person who contravenes subsection (1) commits an offence and shall, on conviction, to a fine not exceeding two hundred thousand ringgit or to imprisonment for a term not exceeding two years or to both.
Moratorium 119. (1) the Minister may, on the recommendation of the Commission, if it considers the interest of the users or the public, or any group of the public, by order published in the Gazette, allow the Commission or the person so appointed to apply to the High Court for an order to suspend the commencement or continuation of all, or any class, category or description, actions and proceedings of a civil against the licensee.
(2) an order under subsection (1) may, from time to time, amended, replaced or cancelled by a further order under subsection (1).
The order is final 120. An order of the Minister under this section is final and cannot be challenged, dirayukan, revised, cancelled or questioned in any court.
Law Malaysia100 ACT 655 part X GENERAL OFFENCES and PENALTIES Offences concerning water pollution 121. (1) a person who pollute or cause to be compromised any watercourse or water supply system or any part of the watercourse or the water supply system with any material — (a) with the intent to cause death; (b) with the knowledge that he is likely to result in death; or (c) which are likely to endanger the life of any person, commits an offence.
(2) any person found guilty of an offence under subsection (1), conviction — (a) if the death was the result of the Act, shall be punished by the death penalty or imprisonment for a term which may extend up to twenty years, and if the sentence instead of the death penalty, he can also apply lashes;
(b) if death not as a result of the Act but the material used to pollute the watercourse or the water supply system or any part of the watercourse or the water supply system is toxic or radioactive material, can be imprisoned for a term not exceeding ten years or to a fine not exceeding five hundred thousand dollars or whipped or all three; or (c) in any other case, be liable to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding one year or to both.
(3) shall not be a defence for a person charged with an offence under this section that the licensee who owns the water supply system or a water supply that does not take any action to discontinue the water supply as soon as the licensee recognizes that the watercourse or the water supply system has been corrupted.
Water services industry Act 101 one of the 122. (1) a person who — (a) intentional, negligent or reckless damage or cause to be damaged any pipe, channel, vessels or structures, culverts, lurang, Chamber, fixtures, fittings, reservoir, tank, pump, taps, valves, meters, submeter or any part of any system of public water supply or sewerage system public;
(b) mengumbah, transport, change direction or take water from any public water supply system or any part of the system, unless such person is otherwise permitted under this Act or any other written law;
(c) the bath, remove the waste or throw any litter or creature, dead or alive, into any public water supply system or any part of the system; or (d) invade any area or service reservoirs for booster station of a public water supply system or any area sewage pengepam station or public sewage treatment plants for a public sewerage system, commits an offence and shall, on conviction, to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding six months or to both.
(2) any person convicted of an offence under paragraph (1) (a) may be required to pay compensation for such damage and the compensation shall be obtained from the person by the licensee in the manner provided under section 88.
Connection water supply against the law 123. (1) No person other than licensee may make any connection to a public mains or service pipes.
(2) If a water pipe service to any premises is connected with unlawful to the mains water pipe to the public or other services give law Malaysia102 ACT 655 services to other premises, he shall be deemed, until the contrary is proved that the continued illegal law is made by the owner or occupier of premises who first mentioned it.
(3) any person who contravenes subsection (1) commits an offence and shall, on conviction, to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding one year or to both.
Meter tampering or submeter 124. Someone that interferes with a meter or submeter or cause disruption to a meter or submeter used for measuring water supplied to any premises with a way that causes the meter or submeter it shows incorrect reading commits an offence and shall, on conviction, to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding six months or to both.
Disrupt water supply or sewerage system or part of the system is 125. Someone that interferes with any pipe, channel, vessels or structures, culverts, lurang, Chamber, fixtures and fittings, including any valves, taps or parts of a water supply or sewerage system commits an offence and shall, on conviction, to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding six months or to both.
Take water from hydrants 126. (1) No person other than the person referred to in subsection 42 (1) can take water from a hydrants.
(2) any person who contravenes subsection (1) commits an offence and shall, on conviction, to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding six months or to both.
Water services industry 103 penalties for preventing a 127. A person who at any time — (a) menggalang or prevent the licensee or any

a person authorized by the Commission under this Act or any officer, employee, agent or contractor of the licensee or the Commission in the conduct and execution of his duties or anything that the licensee or their Commission masingnya authorized or required to make it by virtue of or following this Act; or (b) remove any sign placed for the purpose of indicating any level or direction necessary for implementation of the work authorized by this Act or by the subsidiary legislation commits an offence and shall, on conviction, to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding six months or to both.
Proceedings if residents object to the implementation of the work of 128. (1) if the occupier of any premises preventing the owner or the premises Management Corporation from enforcing any provision of this Act or its subsidiary legislation in respect of the premises after notice of the intention of the owner or the management of the Corporation to do so has been granted by the owner or Management Corporation to the residents, the magistrate, upon the evidence, and on the application of the owner or the Management Corporation , may make an order to require the occupants or owners corporation management allow it to implement all such work in respect of the premises necessary for the enforcement of the provisions of this Act or its subsidiary legislation and may also, if it thinks fit, order that the residents pay the costs relating to the application or the order to the owner or the Management Corporation.
(2) the Occupier of any premises who, after the expiry of the period of eight days from the date of an order made under subsection (1), continue to refuse to allow the owner or of the Corporation law Malaysia104 ACT 655 the premises management perform as specified in the order is guilty of an offence and shall, on conviction, to a fine not exceeding ten thousand dollars, and the owner or the Management Corporation shall, during the ongoing reluctance of residents , released from any penalties that otherwise might be imposed on the owners or the management of the Corporation by virtue of disbelief in performing the work.
The use or supply of the illegal equipment, devices, materials, systems or facilities that are not standard 129. (1) any person who uses or provide any equipment, device, material, system or facility that is not a standard or he knows that he has reason to believe is the equipment, devices, materials, systems or facilities that are not the standard to be used for the purpose of installing, running or operate equipment, devices, materials, systems or facilities is guilty of an offence and shall, on conviction, to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding six months or to both.
(2) in any proceedings under this Act or its subsidiary legislation, any document purporting to be a certificate given by the authorized certifying that any equipment, device or particular materials is a device, equipment or materials that are not standard shall be admissible as prima facie evidence of the facts stated therein until the contrary is proved.
Offence for providing false or misleading information 130. Someone who disclose or provide information to the Commission or officer diberikuasanya that he knows or he has reason to believe is false or misleading commits an offence and shall, on conviction, to a fine not exceeding two hundred thousand ringgit or to imprisonment for a term not exceeding two years or both of each.
Water services industry Power 105 to 131. There is nothing in this Act shall prevent or considered can prevent licensees from commence any action or suit against any person for damage caused to any system of water supply or sewerage system or any part of the system, or to prevent any persons from the prosecution of an offence in respect of any system of water supply or sewerage system or any part of the system which is under the control or management of the licensee.
PART XI POWER COLLECTS INFORMATION and ENFORCEMENT PROVISIONS Chapter 1 information gathering Power 132 disclosures. (1) this section shall apply to any person if the Commission has reasonable grounds to believe that such person — (a) have any information or any document relating to the implementation of the powers and functions of the Commission under this Act or its subsidiary legislation; or (b) is able to provide any evidence that the Commission has reasonable grounds to believe that such evidence was related to the implementation of the powers and functions of the Commission under this Act or its subsidiary legislation.
(2) Notwithstanding the provisions of any other written law, the Commission may, by written notice, order any person — (a) give an authorized officer, within the period and in the manner and form specified in the notice, any such information;
(b) submit to the authorized officers, within the period and in the manner specified in the notice, any such documents, whether in physical form or in electronic media;
Law Malaysia106 ACT 655 (c) make a copy of any such document and submit the copy to authorized officers within the period and in the manner specified in the notice;
(d) if the person is an individual, present, at a closed hearing, in front of authorized officers at a time and place specified in the notice to provide any evidence, either orally or in writing, and forward any such documents, whether in physical form or in electronic media;
(e) if the person is a body corporate or a public body, resulting in a competent officer of the organization or body is to present, at a closed hearing, in front of authorized officers at a time and place specified in the notice to provide any such evidence, whether orally or in writing, and forward any such documents, whether in physical form or in electronic media; or (f) if the person is a partnership, resulting in an individual who is a partner in the partnership or an employee in the partnership to present, at a closed hearing, in front of authorized officers at a time and place specified in the notice to provide any such evidence, whether orally or in writing, and forward any such documents , whether in physical form or in electronic media.
(3) the Commission shall allow the person who ordered such under subsection (2) a reasonable time to give any such information or documents specified in the notice.
(4) any person required to provide information or a document under subsection (2) shall ensure that the information or document is true, accurate and complete and that person should provide a representation 107 water services industry for that purpose, including a representation that he did not know of any information or other documents which may make the information or documents provided incorrect or misleading.
Proof of compliance with 133. A person shall, if at any time called in writing by the Commission to do so, provide the Commission or officer diberikuasanya all documents and information owned by that person in relation to its compliance with any provision of this Act or its subsidiary legislation, as required by the Commission generally or in connection with any of the particular case.
The Commission may retain documents 134. (1) the Commission may take possession of and retain with as long as necessary a document granted by any person under this chapter.
(2) the person who provides the document has the right to be supplied, with as soon as practicable, a copy certified by the Commission as a true copy of the document.
(3) Notwithstanding any other written law, certified copy of the document shall be accepted by all courts and tribunals in evidence includes just-by the copy is original.
(4) until a certified copies of the documents provided, the Commission shall, at any time and in a place deemed appropriate by the Commission, allowing the person who gives the document or a person authorized by that person to examine and make copies of or take extracts from the original.
(5) If the Commission is satisfied that the document is no longer need to be held save, the Commission may return the document to the person giving the document under subsection (1) as soon as workable.
Law Malaysia108 ACT 655 access to record of 135. (1) a person shall, if at any time requested by the Commission by notice in writing, allowing the Commission or an officer is given the power gain access to their records for the purpose of carrying out any of the functions or powers of the Commission under this Act or its subsidiary legislation.

(2) a person who fails to comply with a notice in writing under subsection (1) commits an offence and shall, on conviction, to a fine not exceeding two hundred thousand dollars.
Incorrect record 136. One cannot, with the means to comply with a requirement imposed by rules made by the Commission under section 180 with respect to record keeping, make a record of any article or thing in a manner resulting in the records did not record the thing or the thing correctly.
Record information on 137. (1) the Commission shall maintain a record of all information or documents received in accordance with the order given under subsection 132 (2).
(2) a record maintained under subsection (1) may be made available to the public.
138. information broadcasting (1) the Commission may publish any information he received in the exercise of the powers and functions under this chapter.
(2) the Commission shall consider the interests of commercial parties thereto that information before posting such information.
(3) the Commission may not publish any information or any part of any information disclosed to him if the broadcast — (a) likely to affect a fair trial a person; Water services industry or 109 (b) would involve the unreasonable disclosure are personal information about any person (including a deceased person), but the Commission may publish a poll relating to such information provided that the details of the draw is not composed in such a way that could threaten or harm the person who gave the information.
Errors due to non-compliant 139. A person who fails to comply with an order of the Commission by this section commits an offence and shall, on conviction, to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding six months or to both.
Chapter 2 the power to get the power to enter and inspect land 140. (1) whenever a licensee found that it is necessary for the licensee to exercise the powers granted to the licensee by this Act in respect of any land other than land Government for the purpose of building a water supply system or a sewerage system or a part of the system, the licensee or any person authorized by the licensee shall be , after giving notice of not less than twenty-four hours to residents for the land, if any, in the land, explore and take measurements and do any other actions necessary to ensure the suitability of the land is, as far as reconnaissance, taking measurements and the Commission of the action can be made without causing damage or disruption.
(2) no anything contained in this section shall be deemed to authorize any person to cut or memugar any plants or fences or any other construction or to enter any building or any brackets that are tercantum on any of the buildings.
(3) in the case of the reserve, a notice under subsection (1) may be given to the person responsible for the reserve or, in the absence of any such person, to the land administrator.
Law Malaysia110 ACT 655 Power to enter upon land for the purpose of construction of 141. (1) subject to the provisions of this chapter, whenever it is necessary to do so for the purpose of installing any system of water supply or sewerage system or part of it under this Act, licensee may install, put or carry on, under or over any land, other than Government land, any pipe, channel, conduit or similar structures, culverts, lurang, Chamber, fixtures or any other equipment that forms part of a water supply system or drainage works as may be necessary or fit for the purpose of installation, as the case may be, and may take such other actions as may be necessary to make the installation safe and efficient, and must pay full compensation in accordance with section 146 to all interested persons for any disruption, damage or defects that may be caused by such works.
(2) before entering on any land for the purpose specified in subsection (1), the licensee shall give notice stating with comprehensive as and as accurate as possible about the nature and extent of proposed actions do.
(3) the notice shall be mainly in the form specified by the Commission and the land administrator shall specify a date when the State authorities want to investigate any objections that may have been made as provided in this chapter.
(4) notice under subsection (2) shall be given — (a) in the case of land alienated, to the owner, the MC or the occupants; (b) in the case of the reserve, to the person in charge of the reserve or, in the absence of any such person, to the land administrator, and can be sent by registered post to or left at the address last known to the person to whom the notice to be given or delivered by the holder of a licence or land administrator on the expense of the licensee, whether in the manner provided in this chapter or in such manner as the water services industry provided 111 for service of the notice under any law relating to land that is currently in effect in the State in which the land is located.
(5) any person referred to in subsection (4) may, within fourteen days from the receipt of the notice referred to in subsection (2), inserting an object to any action proposed by the licensee.
(6) the objection shall be made in writing to the administrator of the land and the licensee, and the land administrator shall give notice of the objection to the State authority.
(7) if there is no objection entered within the time specified in subsection (5), the licensee may immediately in to on the ground that and do all or any of the actions specified in the notice given under subsection (2).
(8) If the objection is entered and not withdrawn before the date specified for the hearing of the objection, the land administrator shall hold an inquiry, giving all parties an opportunity to be heard.
(9) upon completion of the investigation the land administrator can, either unconditionally or subject to such terms, conditions and stipulations that it thinks fit, make an order that authorizes or prohibits any acts referred to in the notice given under subsection (2).
Appeal against order of 142 land administrator. (1) any party who is not satisfied with the order of the Administrator under subsection 141 (9) may within twenty-one days after the order appealed against that order to the State authority which then can confirm, set aside or vary the order on such terms, conditions and stipulations that it thinks fit.
(2) the State authority may, if he thinks fit, instead of making an order under subsection (1), order the taking of any land or part of a law Malaysia112 ACT 655 the land included in the notice given under subsection 141 (2) in accordance with the land acquisition Act 1960 [Act 486].
(3) the licensee shall pay compensation for such land acquisition made by the State authority under subsection (2).
(4) the decision of the State authority under this section shall be final.
(5) Notwithstanding any written law relating to land matters, the Registrar — (a) when submitted to it a notice issued by the holder of a licence under subsection 141 (2) together with the statement by the administrator of the land that no objection is entered by any person referred to in subsection 141 (4); or (b) when submitted to it the original order made under subsection 141 (9) and when deposited with him a copy of the order certified true original that, shall cause to be a record of the existence of the rights under such order or notice made at land title registry in relation to land affected by the order or notice.
Install the pipes, etc., on the ground the Government 143. Subject to the approval of the State authority and to such conditions as may be deemed fit by the State authority, a person who holds an individual license can install, put or lead above, below or through Government land, to the extent permitted by their individual license, any pipe, channel, conduit or similar structures, culverts, lurang, Chamber, fixtures or any other equipment that forms part of a public water supply or sewerage system public as may be necessary or fit for the purpose of supply system public water or the public sewerage system.
Water services industry 113 maintenance, repairs and installation improvements

144. where it is necessary to do so for the purpose of maintenance, repair or improve any system of water supply, sewerage system or any part of the system, the licensee or any person authorized by the licensee in that behalf may at any reasonable time enter on any land on, under or through it pipe, channel, conduit or similar structures , sewer, lurang, Chamber, fixtures or any other equipment that forms part of a water supply or sewerage system was installed, and can carry out all the necessary repairs, and may, in carrying out the repair, cut or crop trees, remove plants and do all other things necessary for that purpose, by causing a little may damage and by paying full compensation in accordance with section 146 to all interested persons for any damage caused by it for which compensation has not yet been assessed under section 141.
Exception for agreements allow 48 145. (1) there is nothing in section 141 or 144 may — (a) affect the rights of the licensee to make its permission agreement the owner or occupier of any land for the purpose of bringing any pipe, channel, conduit or similar structures, culverts, lurang, Chamber, fixtures or any other equipment that forms part of a water supply or sewerage system through the land; or (b) prejudice to any previous permission agreement such that exists at the commencement of this Act.
(2) Notwithstanding any written law relating to land, the Registrar, when submitted to it any original and deposited with him a copy of the terperakui any previous permission agreement such as is mentioned in subsection (1), shall cause to be a record of the existence of treaty law Malaysia114 ACT 655 permissions it made on the land title registry in relation to land affected by the agreements allow it.
(3) where a previous permission agreement is in respect of land that is a holding which includes an Interim in the register: (a) subsection (2) shall apply as if the "Commissioner" and "appropriate folio in the register an Interim" respectively replacing "Registrar" and "registry" document of title; and (b) when the permanent document of title has been issued for the land under section 39 of the Act the national land code (Title Penang and Malacca), 1963 [Act 518], any entry made pursuant to that subsection as modified by paragraph (a) shall (if the agreement is still in force immediately before the issuance of the document) is included by the Commissioner at the land title registry and shall remain in force as the entry is inserted instead as-under that subsection.
(4) as long as the entry made in accordance with subsection (2) and (3) still remained on the land title registry or appropriate folio in the register of the Interim, all matters in respect of the land the entry relating thereto shall be deemed to be subject to the rights of the licensee under and by virtue of the previous permission agreement in respect of which the entry is made.
(5) in this section, the word "Commissioner" and "Express an Interim" each has the meaning assigned to it by the Act of the national land (ownership of Penang and Malacca), 1963.
Compensation 146. (1) the amount of compensation, if any, payable under section 141 or 144 shall be assessed by the land administrator after any investigation he may deem sufficient.
(2) any person aggrieved by an assessment can land administrator within twenty-one days after the assessment appeal to the State authority whose decision shall be final.
Water services industry 115 Chapter 3 Enforcement Officer authorized 147. (1) the Minister may in writing authorize any public officer or officer of the Commission to exercise enforcement powers under this Act.
(2) any such officer shall be deemed to be public servants within the meaning of the Penal Code [Act 574].
(3) in exercising any powers of enforcement under this Act, an officer authorized shall upon request submit to the person against whom he is acting authority issued to him by the Minister.
148. investigation power (1) an authorized officer may investigate the activities of the licensee or other person important to its compliance to this Act or its subsidiary legislation.
(2) in any case in relation to the Commission of an offence under this Act or its subsidiary legislation, any authorized officers carrying out an investigation may exercise all or any powers in connection with police investigations, except the power to arrest without a warrant, given by the criminal procedure code [Act 593].
Entering the premises with a search warrant 149. (1) If a Magistrate finds, based on the information given in writing and after such inquiry as it considers necessary, that there is reasonable cause to believe that an offence under this Act or its subsidiary legislation is being or has been committed in any premises, so that any evidence or anything necessary to conduct an investigation of an offence can be found in any premises, the Magistrate may issue a warrant empowering any authorized officers named in the warrant to enter the premises at any reasonable time either during the day or night, with or without assistance and if necessary with violence and the law Malaysia116 ACT 655 premises the search and seize any evidence or such things, provided that there is nothing whatsoever can authorize any court other than the High Court to grant a warrant to search for a post item , telegram or other document which is in the custody of the authorities of the post or telegraph.
(2) without prejudice to the generality of subsection (1), the warrant issued by a magistrate can authorize a search and seizure — (a) a copy of any book, account or other document, including computerized data, which contains or is reasonably suspected to contain information about any offence suspected to have been committed;
(b) any signs, cards, letters, pamphlets, sheet or a notice stating or implying that the person has a licence granted under this Act; or (c) any document, fittings, equipment, or any other reliably believed to be able to give evidence of the Commission of the offence.
(3) An authorized officer who is carrying out a search under subsection (1) may, for the purpose of investigating the offence, examine any person residing in or in the premises.
(4) An authorized officer who made the examination of a person under subsection (3) or section 150 may seize, or take possession of, and keep in safe custody of all things, in addition to the necessary clothing, found on that person, and any other objects, for which there is reason to believe that the thing is equipment or other evidence for the crime, and the thing may be detained until the person is discharged or released.
(5) whenever it becomes necessary to cause a woman to be examined, the examination should be performed by a woman with full courtesy.
(6) If, by reason of the nature, size or the lesser amount, transfer any books, accounts, documents, computerized data, signs, cards, letters, pamphlets, sheet, notice, fittings, equipment or water services industry 117 item seized under this section is not feasible, the officer shall seize any means of avoiding books, accounts, documents, computerized data, signs, cards, letters, pamphlets, sheet, notice, fittings, apparatus or thing is in the premises or container in which it was found.
(7) any person who, without lawful authority, break, interrupt or impair lak referred to in subsection (6) or transfer any books, accounts, documents, computerized data, signs, cards, letters, pamphlets, sheet, notice, fittings, apparatus or thing dilak or attempting to do so commits an offence and shall, on conviction, to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding six months or both of each.
The power to enter and search and seize without warrant 150. If an officer is authorised are satisfied on information received that she had reasonable cause to believe that by reason of the delay in obtaining a search warrant under section of that investigation will be affected or evidence of the Commission of an offence may be interrupted, transferred, defaced or destroyed, the officer may enter the premises and perform in, on and in respect of premises that all the powers referred to in section 149 with fully adequate way and he was given instead as-olah authorized to do so by a warrant issued under that section.
Access to computerized data 151. (1) An authorized officer who is carrying out a search under section 149 or 150 shall be given access to computerised data either stored in a computer or otherwise.
(2) for the purposes of this section, "access" includes — (a) the given password, code encryption, encrypting code, software or hardware to be and any other means required to enable computerised data to understand; and

Law Malaysia118 ACT 655 (b) the meaning conferred upon him by subsection 2 (2) and (5) computer crime Act 1997 [Act 563].
A warrant is admissible even if flawed 152. A search warrant issued under this Act is valid and enforceable notwithstanding any defect, error or omission therein or in the application for the warrant and any fittings, equipment, materials, books, records, accounts, documents or things seized under the warrant shall be admissible as evidence in any proceedings under this Act or its subsidiary legislation.
List of things seized 153. (1) except as provided in subsection (2), where any equipment, tools, materials, books, records, accounts, documents or things seized under this chapter, the officer shall seize with as soon as practicable provide a list of the things seized and of the place where fittings, equipment, materials, books, records, accounts, documents or the thing respectively found and handed a copy of the list signed by him to the occupier of the premises have been searched , or to agents or employees, in the premises.
(2) if the premises were unoccupied, officials who seize should whenever possible post up the list of things seized it in conspicuous place in the premises.
The release of a thing seized 154. (1) where any thing seized under this Act, authorized officers making the seizure, may at any time after that release the thing to the person adjudged by him as entitled legally to the thing if he is satisfied that the thing is not required otherwise for the purposes of any proceedings under this Act or its subsidiary legislation, or for the purpose of any prosecution under any other written law , and in this case the officer who made the seizure or the Federal Government, the Commission or any person acting on behalf of the Government or Water Service Industry can not be charged Commission 119 any proceeding by any person if the seizure and release of the thing was made in good faith.
(2) a written record shall be made by authorized officers who made the release of any thing under subsection (1) which sets out in detail the circumstances of and reasons for the release and he shall send a copy of the record to the public prosecutor and to the Chief of police within seven days from the release.
The power to require the attendance of the person who has knowledge of the 155 cases. (1) An authorized officer who is carrying out an investigation under this Act or its subsidiary legislation may by order in writing require the attendance before it of any person who in the opinion of the authorized officer has knowledge of the facts and circumstances of the case, and such person shall attend as so required.
(2) if any person refuses to attend as so required, the authorized officer may report such refusal to a magistrate shall issue a summons to secure the attendance of such person as may be required by an order made under subsection (1).
Examination of the people with knowledge of the case of 156. (1) An authorized officer who is carrying out an investigation under this Act or its subsidiary legislation may examine orally any person alleged to have knowledge of the facts and circumstances of the case.
(2) the person examined under subsection (1) that is legally bound to answer all questions relating to such case put to him by an officer authorized, but that person may refuse to answer any question that the answer may tend to expose him to a criminal charge or penalty or forfeiture.
Law Malaysia120 ACT 655 (3) a person who makes a statement under this section shall be legally bound to state the truth, whether the statement was made in whole or in part in answering questions.
(4) An authorized officer examining a person under subsection (1) shall first inform that person of the provisions of subsection (2) and (3).
(5) a statement made by any person under this section shall, when possible, reduced to writing and signed by the person making it or affixed cap head jarinya, as the case may be — (a) after the statement was read out to him in a language he made it; and (b) after he was given the opportunity to make any corrections he wanted.
Admissibility in evidence a statement 157. (1) if any person charged with an offence under this Act or its subsidiary legislation, any statement, whether the statement is about addressing to a confessions or not or whether the statement is made orally or in writing, made at any time, whether before or after the person arrested and either in the course of an investigation under this Act or not and whether or not as a whole or in part in answering questions , by the person to or heard by an authorized officer or any other person, is admissible as evidence in his trial and, if the person charged with the submitting himself as a witness, any such statement can be used during cross-examination and for the purpose of challenging credibility.
(2) no statement under subsection (1) may be admitted or used — (a) if the making of the statement turned out to be on the Court has been caused by any inducement, threat or promise relating to the charge against the person that comes from a powerful enough and 121 water services industry in the opinion of the Court to give the person charged with the reason that in its opinion is reasonable for menyangkakan that by making the statement he will get any interest or avoid any comes to mundane relating to the proceedings against him; or (b) in the case of a statement made by that person after he was arrested, unless the Court is satisfied that he has been warned in the following words or words of similar meaning: "my duty to warn you that you are not obliged to say anything or to answer any question, but anything you specify, either in reply to a question or not , may be given in evidence. ".
(3) a statement made by a person before there is time to warned him not to make that statement is not admissible as evidence alone-points because it's not be warned if he has been warned with as soon as possible after that.
(4) Notwithstanding anything to the contrary contained in any written law, any person charged with an offence to which subsection (1) applies shall not be bound to answer any question relating to the case after any warning referred to in paragraph 2 (b) was conferred upon him.
Authorized officers shall complete the investigation and handed it to police 158. When completed its inquiry into an offence under this Act or its subsidiary legislation, an authorized officer shall immediately give all information relating to the Commission of the offence to a police officer and a police officer may arrest a person who may have committed an offence under this Act or its subsidiary legislation.
Law Malaysia122 ACT 655 Cost for holding equipment, etc., seized 159. If any equipment, tools, materials, books, records, accounts, documents, article or thing seized under this Act or its subsidiary legislation are held in the custody of the Government or the Commission pending the settlement of any proceedings in respect of an offence under this Act or its subsidiary legislation, the costs of holding the thing in custody shall, if any person is found to have committed an offence, be a debt due by the person to the Government and shall be obtained accordingly.
There are no costs or damages arising from seizure can be obtained 160. No person shall, in any proceedings before any court in respect of any equipment, tools, materials, books, records, accounts, documents, things or things seized in exercising or purporting to exercise any of the powers conferred under this Act, be entitled to the costs of the proceedings or to any damages or other relief unless the seizure is made without reasonable cause.
Hurdle 161. Any person who — (a) refuses to give any officer authorized access to any premises which authorized officers is entitled to it under this Act or in the discharge of any duty imposed or power conferred by this Act;
(b) attack, prevent, menggalang or delay any officer authorized the making of any entry of authorized officers is entitled to make under this Act or in the discharge of any duty imposed or power conferred by this Act; or

(c) refuses to give any authorized officer any information relating to an offence or suspected offence under this Act or its subsidiary legislation or any other information services industry Water 123 that can be required of them is reasonable and is in its knowledge or in his power to give, commits an offence and shall, on conviction, to a fine not exceeding two hundred thousand ringgit or to imprisonment for a term not exceeding two years or to both.
The extra power 162. An authorized officer shall, for the purposes of implementing this Act or its subsidiary legislation, have the power to do all or any of the following: (a) require the production of records, computerized data, accounts and documents kept by the licensee or other person and to examine, review and to download them, make copies thereof or take extracts therefrom;
(b) require the production of any document identification of any person in relation to any case or of an offence under this Act or its subsidiary legislation; and (c) make any necessary investigation to see whether the provisions of this Act or its subsidiary legislation has been complied with.
Chapter 4 the various compounding of offences 163. (1) the Minister may designate any offence under this Act or its subsidiary legislation as an offence can be compounded.
(2) the Commission, with the written consent of the public prosecutor, may at any time before a charge initiated compound any offence prescribed under subsection (1) as an offence that can be compounded by accepting of people suspected with reasonable has committed such offence a sum of money not exceeding fifty per cent of the maximum fine that the person may be imposed if he has been convicted of the offence , in such time as specified in the offer of literary skills.
Law Malaysia124 ACT 655 (3) an offer under subsection (2) may be made at any time after the offence committed but before any prosecution for him started, and if the amount specified in the offer is not paid within the time stated in the offer, or any extension of time that can be granted by the Commission, a prosecution for the offence may be commenced at any time after that to the person to whom the offer is made.
(4) If an offence has been compounded under subsection (2), no prosecution shall be instituted in respect of the offence against a person to which the compound is made, and any document or thing seized in connection with the offence be released by the Commission, subject to such terms and conditions as he thinks fit.
(5) all sums of money received under subsection (2) shall be paid into the Federal Consolidated Fund.
Prosecution 164. No prosecution for an offence under this Act shall be instituted except by or with the written consent of the public prosecutor.
Offences by body corporate 165. (1) where a body corporate commits an offence under this Act or its subsidiary legislation, a person who at the time of the Commission of the offence is the Chief Executive Officer, Chief Operating Officer, General Manager, Secretary or other similar officer of the body corporate or is purporting to act on any such property or in any way or to any extent is responsible for the management of any Affairs of the body corporate or assist in the management of such — (a) may separately or in association in proceedings of the same together with the body corporate; and (b) if the body corporate is found to have committed the offence, shall be deemed to have committed 125 water services industry unless the offence, taking into account the type of functions on the properties and all the circumstances, he proves — (i) that the offence was committed without the knowledge, consent or pembiarannya; and (ii) that he took all reasonable steps and exercise all due diligence to prevent the Commission of the offence.
(2) where any person may, under the Act or its subsidiary legislation, be liable to any penalty or penalties for the Act, omission, neglect or disbelief, he shall be liable to the same punishment or penalty for every act, omission, neglect or default of any employees or agents, or employees to the agent, if the Act, omission, neglect or default that was done — (a) by an employee of that person in the course of his employment; (b) by the agent while acting on behalf of that person; or (c) by employees to the agent in the course of her employment with the agent or otherwise on behalf of the agent acting on behalf of that person.
Information or information providers cannot be disclosed 166. (1) except as provided in this section, no witness in any civil or criminal proceedings pursuant to this Act or its subsidiary legislation may be required to or allowed to disclose the name or address of any informer or the content and type of information received therefrom or declare any matter that may cause the informant unknown.
(2) If a book or a document or evidence which may be inspected in any civil or criminal proceedings whatsoever contains any entry naming or describing any whistleblower it or is likely to cause the informant known, the Court shall cause to such closed all entries from sight or deleted to the extent necessary to protect the informant of known.
Law Malaysia126 ACT 655 (3) if in any proceedings for an offence under this Act or its subsidiary legislation the Court, after a full investigation of the case, is of the opinion that the informant has been willfully make in aduannya a statement important that he knows or believes is false or does not believe to be true, or if in any other proceedings the Court is of the opinion that justice cannot be done entirely among the parties to the proceedings without knowing the informant , then it shall be lawful for the Court to require production of the original complaints, if in writing, and allow an inquiry and require full disclosure concerning the informer that.
Presentation document 167. (1) delivery of a document to any or-ang shall be executed — (a) by submitting the document to that person or by submitting the document to the person's last known;
(b) by leaving the document at the address last known to the person or in the person's place of business in an envelope addressed to the person; or (c) by sending the document by post paid formerly addressed to that person at his last known address or place of business.
(2) a document required to be served upon the owner, MC or occupier of any premises shall be deemed to have been properly addressed if addressed by using the description of "owner", "MC" or "residents" of the premises without further description or name and may be served by submitting the document to an adult on the premises or, if no such person in the premises to which the document can be submitted to it with reasonable endeavours , with patch document in any part of the premises to see it.
Water services industry 127 inaccuracies in 168 documents. (1) no misnomer or inaccuracy description any person, premises, leasehold, street or place named or described in any document available, released or presented at the bottom, according to power or for the purposes of this Act or its subsidiary legislation can in any way affect the coming into operation of this Act or its subsidiary legislation in respect of the person or the place if the person or the place stated in the document such that can be known for sure.
(2) no proceeding taken under or by virtue of this Act or its subsidiary legislation may be void because of bad form.
Kebertanggungan pemindah 169 titles. (1) every person who sells or transfer title to any property in respect of which expenses were incurred by licensee or servants and agents, as the case may be, on or while performing any work which, under this Act or by the subsidiary legislation can be obtained from the owner of the property shall continue to be liable for the payment of all expenses payable in respect of such property and for the implementation of all other obligations imposed by this Act on the owners of the property on which a due or to be exercised at any time before the transfer is to take effect.
(2) there is nothing in this Act shall affect the kebertanggungan buyer or transferee to pay expenses in respect of property referred to in subsection (1) or affect the rights of licence holders or servants or agents, as the case may be, to get the expenses of, or to enforce any obligations under this Act or its subsidiary legislation against, the purchaser or transferee.

Exemption of equipment from distress and detention of 170. Notwithstanding anything to the contrary contained in any written law, when such equipment is owned by licensee placed in law Malaysia128 ACT 655 in or on the premises owned or occupied by the licensee for the purpose of service of water supply or sewerage service, the equipment can not subject to distress or not be taken as an execution under any process of a court or in any bankruptcy proceedings or insolvency of any person.
PART XII GENERAL Water Industry Fund 171. (1) a fund known as the "Water Industry Fund" established and shall be controlled and managed by the Commission.
(2) Water Industry Fund shall consist of any sums contributed by any licensee or person authorized under Chapter 2 part XIII in accordance with the rates fixed.
(3) Water Industry Fund shall be expended for the purposes of the following: (a) the conservation and protection of watercourses and water catchment area;
(b) ensure immortality water supply from the watercourse; (c) improvement in water quality in watercourses; (d) the provision of water services and sewerage in rural development; or (e) any other purpose specified by the Minister.
(4) the Commission shall cause to be proper account for the water industry and reporting activities should respect the Fund kept and shall, as soon as practicable after the end of each financial year, cause to be prepared for that financial year — (a) a statement of account shall include a balance sheet and accounts of contributions and expenses; and (b) a statement of its activities.
Water services industry 129 (5) the Commission shall promptly send a copy of the statement of account certified by the Auditors and a copy of the Auditors ' report to the Minister who shall cause to the statement and the report laid before both houses of Parliament.
Sewerage Capital Contribution Fund 172. (1) a fund known as the "Sewerage Capital Contribution Fund" established and shall be controlled and managed by the Commission.
(2) the Sewerage Capital Contribution Fund shall consist of any sums contributed by any developers or people who build — (a) building and connects the building a public sewer;
(b) places without sewage treatment sludge processing facilities or power generation standby or second-common; and (c) the septic tank or septic tank requires a communal sludge processing facilities off-site, in accordance with the rates fixed.
(3) the Sewerage Capital Contribution Fund shall be expended for the purposes of the following: (a) to increase the capital expenditure required for public sewerage system;
(b) to implement the regional sewerage system; or (c) any other purpose specified by the Minister.
(4) the Commission shall cause to be proper account for Capital Contribution Fund reports its sewerage and should respect the Fund kept and shall, as soon as practicable after the end of each financial year, cause to be prepared for that financial year — (a) a statement of account shall include a balance sheet and accounts of contributions and expenses; and the law Malaysia130 ACT 655 (b) a statement of its activities.
(5) the Commission shall promptly send a copy of the statement of account certified by the Auditors and a copy of the Auditors ' report to the Minister who shall cause to the statement and the report laid before both houses of Parliament.
173. Registration Agreement (1) the written agreement referred to in section 32 and 53 shall be submitted to the Commission for registration.
(2) a person who wishes to make an agreement referred to in subsection (1) shall submit the draft written agreement that has been concluded is to the Commission for endorsement.
(3) if the Commission is satisfied that the draft agreement has already been finalized submitted to him under subsection (2) is in accordance with this Act or its subsidiary legislation, the Commission shall endorse or draft agreement has already been finalized and that person can make the written agreement on the terms of the draft agreement endorsed hereon and shall submit the written agreement to the Commission for registration.
(4) the Commission shall register any written agreement submitted to him under subsection (3).
(5) If the parties to a written agreement referred to in subsection (1) choose to make written agreement before the Commission endorse or the written agreement, the parties to the agreement shall make provision in the written agreement, which means that the written agreement is only effective when the Commission register the written agreement.
(6) a written agreement referred to in subsection (1) may only be enforced when the agreement is registered.
(7) the Commission shall register the written agreement if the Commission is satisfied that the agreement in accordance with this Act or its subsidiary legislation.
Water services industry 131 (8) the Commission shall maintain a register of all agreement registered under this section in accordance with section 176.
(9) the Register shall include — (a) the names of the parties to the agreement; (b) General description of matters related to the agreement; and (c) the date of the agreement, unless the agreement terms and conditions.
(10) a copy of the written agreement shall be kept by the Commission.
Agency certification 174. (1) the Commission may register the agency certification or certification agency class for the purposes of — (a) to approve the plans, specifications or design details on the construction of the water supply system, drainage, septic tanks, sewerage piping and sewerage piping internal individual internal together;
(b) recommend any person referred to in section 50; and (c) to recommend compliance with technical standards made under any subsidiary legislation made under this Act.
(2) an approval by a registered certificate shall be deemed to be approval by the Commission unless the Commission stating otherwise.
Reporting to the Minister on the performance of industry 175. (1) the Commission shall monitor all key areas relating to industrial water supply services and sewerage and report to the Minister at the end of each financial year the Commission.
(2) in carrying out its functions under subsection (1), the Commission shall take into account any industry performance indicators that are found suitable by the Commission.
Law Malaysia132 ACT 655 (3) the Commission should monitor and report on the following matters: (a) the enforcement and administration of this Act and its subsidiary legislation;
(b) the rates applicable to water supply services and sewerage;
(c) the cost of the licence holders of capital expenditure to ensure transparency and quality;
(d) investment required in water supply or sewerage system for the needs of the future;
(e) standards of service and performance of the licensee; (f) maintenance standard asset water and sewerage; (g) environmental and health standards; (h) the efficiency and effectiveness of the operation of the licensee for the purpose of renewal of the license; (i) the extent of compliance standards; (j) any deficiency in scope or enforcement of this Act and its subsidiary legislation; and (k) other matters deemed necessary by the Minister.
(4) the Commission shall publish the report in such manner as it regards fits as soon as practicable following from the date the Commission submits the report to the Minister.
Express 176. (1) the Commission shall maintain a register in both physical and electronic form on all matters which are required to be registered under this Act and its subsidiary legislation.
(2) any person shall, on any fees set out by the Commission paid — (a) inspect the register; and (b) make copies of, or take extracts from, the register.
Water services industry 133 (3) where a person is calling for a copy of the provided in electronic form, the Commission may provide information relating to that — (a) by using data processing devices; or (b) by electronic transmission.
Instructions by the Commission 177. (1) the Commission may from time to time issue directions in writing to any person, as provided in this Act, about compliance or failure to comply with any conditions of the licence, including for meremedikan violations of the license terms or provisions of this Act or its subsidiary legislation.
(2) before making a direction under subsection (1), the Commission shall issue a written notice to that person stating the type of compliance required.
(3) the person shall be given the opportunity to be heard or can submit a written submissions about the reason for the behavior or activities within a reasonable time stated in the notice.

(4) after the expiry of the notice specified in subsection (3), the Commission shall consider any reasons provided by that person before making a decision in respect of the conduct or activity in respect of that person.
(5) after considering accordingly any reason given by that person, the Commission may issue a direction pursuant to subsection (1) requiring the person to take action directed as stated with the purpose to ensure that the person does not contravene or not directly violate any condition of the licence or any provision of this Act or its subsidiary legislation.
(6) the Commission shall give the person written notice of the instructions as soon as workable. Instructions issued by the Commission shall be complied with.
(7) an order made by the Commission under this chapter shall be registered with the as soon as reasonably practicable.
Law Malaysia134 ACT 655 (8) such directions shall become effective from the date of registration or any later date specified by the Commission in such directions.
(9) the Directive shall expire at any date specified by the Commission in the written instrument or, if no date is stated, the directive shall remain in force until the command is canceled.
(10) the Commission may vary or revoke an instruction and procedure specified in subsection (2), (3), (4), (5), (6), (7), (8) and (9) shall apply mutatis mutandis in respect of any variation or cancellation of an order.
(11) a person who fails to comply with the directions of the Commission under this section commits an offence and shall, on conviction, to a fine not exceeding two hundred thousand ringgit or to imprisonment for a term not exceeding two years or both of each.
(12) the Commission shall maintain a register of all orders issued by the Commission, including any variation or cancellation of an instruction in accordance with section 176.
The determination by the Commission 178. (1) the Commission may, from time to time, determine any matter mentioned in this act as subject to the determination of the Commission.
(2) the Commission may conduct a public consultation before making a determination, whether — (a) in response to a written request from someone; or (b) on their own initiatives.
(3) Notwithstanding subsection (2), the Commission shall carry out a public consultation prior to making a determination if directed by the Minister.
(4) the procedure applicable to an inquiry under section 78, 79, 80, 81, 82 and 83 shall apply mutatis mutandis for public consultation in subsection (2) or (3).
Water services industry 135 (5) a public consultation shall be conducted in such manner in accordance with the provisions of this Act.
(6) within three months from the end of the public consultation, the Commission shall determine the matter.
(7) a determination made by the Commission under this section shall be registered with the as soon as reasonably practicable.
(8) a determination shall come into operation on the date of registration or any later date specified by the Commission in the determination.
(9) the determination shall be expired at any date specified by the Commission or, if no date is stated, the determination shall be in force until the determination of the cancelled.
(10) subject to the provisions of this Act, the Commission may vary or revoke a determination, in response to a written request or on their own initiatives and procedures described in this section in respect of the making of a determination shall apply mutatis were a mutant-Dec in respect of any alteration or cancellation of such determination.
(11) the Commission shall maintain a register of all determinations made by the Commission, including any alteration or cancellation of a determination, in accordance with section 176.
Power of Minister to make regulations 179. The Minister may make regulations for all or any of the following purposes: (a) prescribing all matters relating to the production of individual license and registration class license granted under this Act, including the eligibility of persons applying for licenses, license fee for different types of licences and licensed activities, the duration of the license, the license form, standard conditions, license renewal fees and charges and other processing;
Law Malaysia136 ACT 655 (b) prescribing all matters relating to the assignment of the duties and functions of the holders of existing service licence to the licensee of the new service;
(c) prescribing any matter relating to the Sewerage Capital Contribution Fund including the contribution rate;
(d) prescribing any matter relating to Water include Industry Fund contribution rate;
(e) prescribing the charges or rates for capital contributions which may be stipulated by the licensee for the purpose of connecting a premise or development to water supply system licensee;
(f) prescribing the form of notifications, notices and orders to be made under this Act;
(g) prescribing offences can be compounded and the form to be used and the methods and procedures for the compounding of offences;
(h) prescribing the fees and charges that may be prescribed under this Act;
(i) prescribing any matter to which this Act makes provision for real to be made through regulations;
(j) prescribing all other things as are necessary or expedient for the enforcement of this Act or for the purpose of removing any inconvenience caused by the currency of this Act or any of its provisions.
The power of the Commission to make rules 180. The Commission may make any rules for all or any of the following matters: (a) provide for technical standards and performance of the following: (i) the minimum standards and specifications to be used in the design, build, install, protect, operate and maintain any system of water supply or sewerage system;
Water services industry 137 (ii) installation of meter and submeter or monitoring system in respect of the extension, deletion, use, maintenance, verification, testing and commissioning of meter and submeter or monitoring system and in respect of any matter related;
(iii) minimum qualifications to be owned by the person before the person may be allowed to build, install, test, Commission, operate, maintain and manage any water supply or sewerage system or any part of the system;
(iv) performance standards and adoption of key performance indicators for water supply system and sewerage system;
(v) performance related specifications for infrastructure development to be undertaken by the licensee facility or any other person;
(vi) internal reticulation including internal plumbing and Water Purifier;
(vii) the standardisation of equipment, devices and materials used for water supply and sewerage system and for the purpose of providing water supply services and sewerage services;
(b) the form and content of any agreement on the following: (i) lease agreement referred to in section 32;
(ii) an agreement between a user with licensee water for water supply under section 52;
(iii) the agreement for the supply of water in bulk between licensees services providing water supply services under section 53; and (iv) agreements for the provision of sewerage services contracted between the owner, the MC or occupier of any premises by licensee services provide sewerage services under section 67;
Law Malaysia138 ACT 655 (c) all matters relating to standard users under this Act;
(d) the efficiency of billing and collection of revenue generated from the provision of water supply services and sewerage services;
(e) the intervals and told the owner, MC or occupier responsible for a sewerage system or private septic tanks to be cause to tank septiknya dinyahenap contaminants and, in the case of a private sewerage system, serviced or maintained;
(f) intervals, time and manner in accordance therewith any system of water supply or sewerage system to be inspected, the notice to be given, if any, in respect of the audit or examination and preparation required to be made by the licensee or its management for audit or inspection;
(g) all matters relating to the issuance of a permit granted under this Act, including the procedure for application, fees, forms, conditions and term of the permit;
(h) how to keep a record under section 136; (i) all matters relating to the provision of information by the licensee to the Commission and the level of detail, intervals, manner and form of the information to be given in accordance therewith;
(j) all matters relating to the development of the type referred to in section 46 and 47;
(k) all matters relating to the safe and the safety of the water supply system and sewerage system;
(l) all matters relating to the formulation and implementation of the security plan water and sewerage;
(m) all matters relating to the registration of persons who provide installation, device or equipment relating to the water supply system, drainage, septic tanks, sewerage piping internal sewerage piping internal individual or joint;
139 water services industry

(n) the procedures and manner in accordance therewith plans and specifications in respect of any water supply system and sewerage system proposed to be submitted and approved under this Act, the duties and responsibilities of the agency certification, licensees, developers and other people concerned in the approval process that includes approval for the design and detailed specifications, obligations of examination and imposition of fees;
(o) all matters relating to the prevention of waste, improper usage, abuse, water pollution and to allocate the necessary fittings for the use of water to ensure the safety of the public;
(p) any other matters to which this Act makes provision for real so that rules made by the Commission.
Penalty for subsidiary legislation 181. Regulations made under section 179 and the rules made under section 180 or any subsidiary legislation made under this Act may be set aside for any act or omission which is berlanggaran with the regulations, rules or other subsidiary legislation as an offence and can be allocated for a penalty of a fine not exceeding three hundred thousand ringgit or to imprisonment not exceeding three years or to both.
Minister's power to amend the schedule of 182. The Minister may by order published in the Gazette amend the schedule.
Public authorities Protection Act 1948 183. Public authorities Protection Act 1948 [Act 198] shall apply to any action, suit, prosecution or proceedings against the Commission or against any of the officers, servants or agents of the Commission in respect of any act, neglect or default done or omitted by him on such properties.
Law Malaysia140 ACT 655 Protection officers and 184 others. Commission, any employee or agent of the Commission, the certification agency, authorized officers or any other person cannot be sued against him in any court for loss or damages due to or caused by or in connection with, any act or thing done or commanded to be done or left than done by him in good faith and in the exercise of the proposed of any power or the proposed discharge of any duties conferred upon him under this Act.
The PROVISIONS of PART XIII revocation, SAVINGS and TRANSITIONAL Chapter 1 Repeal and saving the abolishment of 185. (1) the sewerage services Act 1993 [Act 508], called "the legislation repealed" in this section is repealed in respect of its application for Peninsular Malaysia and the federal territories of Putrajaya and Labuan.
(2) any subsidiary legislation made under the repealed laws shall, in so far as such subsidiary legislation in accordance with this Act, continue in force until cancelled or replaced by any subsidiary legislation made under this Act, and shall for all purposes be deemed to have been made under this Act.
(3) the Minister may, whenever it considers necessary or expedient to do so either for the purpose of removing or inconvenience arising from terlulusnya of this Act, by order published in the Gazette, make any modifications to any subsidiary legislation made under the repealed legislation as he may deem fit.
Exclusion of 186. Subject to Chapter 2 of this part, any registration, instructions, acts, orders, directives, approval or water services industry results 141 done, made or granted before the date prescribed under any written law relating to — (a) the water supply or sewerage system; and (b) provision of water supply or sewerage service, which in accordance with this Act shall be deemed to have been done, made or given under this Act and shall remain in force and effect with respect to those subject to it until amended or revoked under this Act or its subsidiary legislation or until the date of expiry of the registration, instructions, acts, orders, directives or the decision.
Continuation of rights, liabilities, etc., of another under the repealed Law 187. Subject to the provisions of this Act, the legislation is repealed or anything contained in this Act shall not affect any person prosecuted or sentenced for offences committed under the repealed legislation prior to the date this Act in force, or any proceeding brought or sentence passed before that day in respect of such offences.
Chapter 2 transitional provisions for existing operators for water supply services existing 188. (1) all agencies, departments, water board or State water authorities that, before this Act comes into force, authorized under any written law to — (a) have a water supply system; or (b) providing water supply services through a water supply system, shall continue to be authorized under this Act to have or provide facilities and services mentioned earlier for a period of one year from the date specified or law Malaysia142 ACT 655 any other extended period by the Commission if the Agency, Department, Board or State water authorities that are registered with the Commission within three months or such other period that is extended by the Commission after the date specified.
(2) the Authorization granted to an agency, Department, Board or State water authority under subsection (1) shall lapse if they are not registered with the Commission within three months or more after the date of the specified period.
(3) agencies, departments, water board or State water authority may at any time before the expiry of the authorisation applied for a licence under this Act to continue to — (a) have a water supply system; or (b) providing water supply services through a water supply system, after the expiry of the authorisation.
Sewerage services existing 189. (1) all local authorities who, before this Act comes into force, authorized under any written law to — (a) have a sewerage system; or (b) providing sewerage services, shall continue to be authorized under this Act to have or provide facilities and services mentioned earlier for a period of one year from the date specified or for any other period that is extended by the Commission if the local authority are registered with the Commission within three months or such other period that is extended by the Commission after the date specified.
(2) the Authorization given to the local authority under subsection (1) shall lapse if they are not registered with the Commission within three months or more after the date of the specified period.
Water services industry 143 (3) local authorities may at any time before the expiry of the authorisation applied for a licence under this Act to continue to — (a) have a sewerage system; or (b) providing sewerage services, after the expiry of the authorisation.
License or permit the existing 190. (1) a licence or permit granted or issued — (a) under the repealed legislation; or (b) under the State water supply enactment may be, shall continue to be authorised under this Act and shall be effective for a period of three months after the date specified or for any other period that is extended by the Commission if the licence or permit is registered with the Commission in the further period or periods.
(2) there is nothing in this section shall be construed as extending the period or the duration of a licence or permit specified in subsection (1) beyond the date of expiry.
(3) Notwithstanding subsection (1), a licence or permit that is registered under subsection (1) shall remain in force under this Act until — (a) expires; or (b) for a period of two years or any other period is extended by the Commission after the date specified, whichever is the earlier, unless the holder of the registered license or permit has been granted a licence or permit under this Act.
(4) the Authorization granted to a person who holds a licence or permit under subsection (1) shall lapse if he or she is not registered with the Commission within three months or such further period after the date specified.
Law Malaysia144 Act 655 Agreement specified in Table 191. (1) any person listed as a person authorised in column (1) of the schedule, shall only have the authority to perform services and activities specified in the agreement and supplemental agreement set out appearing with his name in column (2) of the schedule for a period of three months from the date specified or for any other period that is extended by the Commission unless such person is handed a copy of the agreement and supplemental agreement certified true that to the Commission in the further period or periods.

(2) Notwithstanding subsection (1), an authorized person who presented a copy of the agreement or certified true supplemental agreement to the Commission under subsection (1) shall continue to be authorised under this section to the end of a period of two years or any other period is extended by the Commission after the date specified.
(3) the Authorization given to a person authorized under subsection (1) shall lapse if they are not registered with the Commission within three months or more after the date of the specified period.
(4) a person authorized under subsection (1) shall as soon as possible after submitting the agreement and supplementary agreements, but in any case not later than three months after the date of delivery that, begins the agreement and supplementary agreements with federal and other parties to the agreement and the additional agreement in order to address any issues arising from national interests comes into the currency of this Act.
(5) the determination as to what is about addressing the issue of national interest arising from the start the currency of this Act shall be made by the Minister and such determination shall be final and binding on all persons and cannot be challenged, dirayukan, revised, cancelled or questioned in any court.
(6) upon the agreement or a supplementary agreement negotiated again concluded with the amendments, if any, the Commission shall register the agreement amended it notwithstanding section 173.
Water services industry 145 (7) Notwithstanding any other provisions of this Act, any other written law or any pillars of law or contract, the failure of a person who is authorized under subsection (1) to start the agreement and supplementary agreements as may be required under subsection (4) shall be a reason for authorization referred to in subsection (1) is cancelled or for a licence under this Act is not given to that person.
(8) If an authorization has been revoked under subsection (7) or if the license is not given on the ground specified in subsection (7), the Federal Government, the Minister or the Commission shall not be liable — (a) to pay any compensation to; and (b) for any loss or damage suffered or incurred by, people affected by the cancellation of the authorisation or refusal to grant the license.
(9) If a person's authorization has been revoked under subsection (7) or the person is not granted a licence on the ground specified in subsection (7), the Minister shall exercise its powers under section 114 and all provisions relating to section 114 shall apply accordingly.
Statement of intent to move to the 192 licenses. (1) within one year or such other period that is extended by the Commission from the date prescribed — (a) the holder of an existing registered license; or (b) a person authorized under section 191, shall send a written notice to the Commission stating their intention whether he intends to apply for a licence under this Act in lieu of the existing licence or authorization of the registered.
Law Malaysia146 Act 655 (2) shall be attached to the notice specified in subsection (1) — (a) in the case where such person intends to apply for a licence under this Act in lieu of the existing licence or authorization of the registered, an application for a licence under this Act; or (b) in case the person does not intend to apply for a licence under this Act, an application for authorisation in writing under this Act.
(3) subsection (1) shall not apply to the holder of a registered existing license of its activities requires a class license or permit under this Act.
(4) the holder of a registered existing license of its activities requires a class license or permit under this Act can register for a class license or apply for a permit under this Act, as the case may be, on or before the expiry of the licence or existing permitnya or the period specified in subsection (1), whichever is earlier.
(5) the Commission may issue an authorization in writing to the applicant subject to any conditions required by the Commission and the written authorisation given to an applicant under this subsection shall be only for the initial term of his agreement specified in the schedule or until terminated the agreement in advance.
(6) If an authorized person under section 191 is also the holder of an existing registered license, an authorized person is not required to state their intention as to whether he intends to apply for a licence under this Act in lieu of the existing registered license. Statement of intent the person authorized with respect to pemberikuasaannya provided under section 191 shall be deemed to be the same as for existing registered license.
(7) the Commission may revoke an authorization in writing or modify, vary or revoke the conditions of an authorisation in writing or impose further conditions on an authorization in writing.
Water services industry 147 (8) Procedures as specified in — (a) section 11; and (b) of section 13 shall apply mutatis mutandis in respect of any modification, alteration or cancellation of the conditions of an authorization in writing, the imposition of more conditions on an authorization in writing and cancellation of an authorisation in writing.
(9) the Minister may set the criteria to apply for a license in lieu of a licence and authorisation of existing registered as well as the conditions required to be met by — (a) the holder of an existing registered license; or (b) a person authorized under section 191.
The standard licence and authorisation of existing registered 193. Notwithstanding the terms of the existing license agreements are registered and specified in the schedule, a person has — (a) existing registered license;
(b) authorization under section 188, 189 and 191; or (c) a written authorization under section 192, shall for the purposes of this Act to comply with the duties and obligations of the licensee under this Act includes the obligation to meet minimum quality standards under section 41 and to contribute to the water industry and in compliance with the authority of the Minister and the Commission under this act as if that person is the holder of a license that has a similar scope under this Act and its subsidiary legislation but are not entitled to any benefits of the new granted under this Act includes the licensee services under section 32.
Law Malaysia148 Act 655 Table [section 191] AGREEMENT column (1) column (2) an authorized person Agreement and supplemental agreement 1. Beautiful North water Sdn Bhd the privatisation agreement dated 22 November 1990 the concession agreement dated 26 November 1998 concession agreement dated 14 September 2000 2. Encorp Utilities Sdn Bhd a contract operation and facility management and privatisation 3. Equiventures Sdn Bhd the privatisation agreement which also concession agreement dated 28 June 1992 4. Indah Water Konsortium concession agreement dated 9 December 1993 5. Sdn Bhd Innovest-Lyonnaise potatoes are the concession agreement dated 5 October Sdn Bhd 1989 concession agreement dated February 21, 1992 6. Kelantan Water concession agreement dated 26 February (Malaysia) Sdn Bhd, 1995 7. Konsortium Abass Sdn Bhd the privatisation agreement which also concession agreement dated 9 December 2000 the privatisation agreement which also concession agreement dated 10 February 2001 8. Metropolitan Utilities concession agreement dated 28 March 1989 Sdn Bhd concession agreement dated 18 September 1997 concession agreement dated 12 August 2003 agreement for the supply of treated Water dated August 19, 1994, 149 9 water services industry. Puncak Niaga (M) Sdn Bhd the privatisation agreement which also concession agreement dated 22 September 1994 Per janj ian construction also Operating Agreement dated 22 March 1995 construction Agreement also Handling Agreement dated 6 September 1997 construction Agreement also Operating Agreement dated 9 April 1999 10. Southern Water concession agreement dated 31 May 1994 Corporation Sdn Bhd 11. Syarikat Air Johor concession agreement dated 20 April 1999 Symbol Optimum Sdn Bhd concession agreement dated Sdn Bhd 8 May 2002 SAJ Holdings Sdn Bhd 12. Water company of Terengganu Incorporated Sdn Bhd Agreement dated 1 July 1999 Incorporated Agreement dated 3 March 2004 13. Water supply company concession agreement dated 15 December 2004 14 Selangor Sdn Bhd. Syarikat Pengeluar Air Sungai Selangor privatisation agreement dated 24 January 2000 Sdn Bhd, P e r j u j i a n P e n g e n d a l i a n d a n t s Maintenance dated January 24, 2000 15. Taliworks (Langkawi) the privatisation agreement water supply Sdn Bhd, Langkawi dated 7 October 1995 column (1) column (2) an authorized person Agreement and supplemental agreement law Malaysia150 ACT 655 laws of MALAYSIA Act 655 WATER SERVICES INDUSTRY ACT 2006 LIST AMENDMENT law short title effect amend from

– No – water services industry 151 laws of MALAYSIA Act 655 WATER SERVICES INDUSTRY ACT 2006 AMENDED SECTION LIST Section Power amend with effect from – THERE are –