WM laws of MALAYSIA Act 129 REPRINTING ACT INVESTIGATION STUDY of the EARTH Contain all amendments of 1974 to 1 January 2006 PUBLISHED by the COMMISSIONER of law revision, UNDER the AUTHORITY of law REVISION ACT 1968 in COLLABORATION with PERCETAKAN NASIONAL MALAYSIA BHD 2006 2 laws of Malaysia ACT Royal Assent Date 129......... 8 March 1974 the date of publication in the Gazette......... 14 March 1974 REPRINT BEFORE Reprinting the first............ 1995 Reprinting the second............ 2000-EARTH SURVEY INVESTIGATION ACT 1974 Investigation Study Earth 3 laws of MALAYSIA Act 129 ACT INVESTIGATION STUDY EARTH 1974 ARRANGEMENT of SECTIONS part I preliminary section 1. Short title and commencement 2. Interpretation Part II Administration 3. Appointment, powers and duties of officers 4. Minister's power to issue instructions 5. Consultation by the Earth PART III Investigation Survey SURVEY SURVEY SURVEY SURVEY OFFICER EARTH EARTH 6. Power to an investigation study of the Earth 7. Authority and the notice to enter the ground 8. The power of an officer Investigation Study Earth 9. Claim for compensation of damage to PART IV of the GENERAL OBLIGATIONS RELATING to INVESTIGATION STUDY of the EARTH, etc.
10. Application of part IV 11. Notice to the person prospecting 4 laws of Malaysia ACT 129 12. Plasmodium berfosil material shall be notified 13. Progress of certain wells shall be notified 14. Certain Korekan should be notified part V ARCHIVES and GROUP INVESTIGATION STUDY EARTH 15. The establishment of archives and Group 16. The appointment of keeper of the archives and the curator Group 17. Storage and disposal of specimens and examples of PART VI GENERAL 18. General penalty 19. Offences by a group of people and by servants and agents 20. Who can claim 21. Action Officer an offence 22. Regulations Section Investigation Study Earth 5 laws of MALAYSIA Act 129 INVESTIGATION STUDY EARTH 1974 ACT an act to organize and control the investigation study of the Earth, for setting up the archive study the Earth and to provide with respect to matters incidental thereto.
[March 1, 1976, P.U. (B) 103/1976]
BE IT enacted by the Seri Paduka Baginda Yang di-Pertuan Agong with the advice and consent of the Dewan Negara and Dewan Rakyat in Parliament assembled, and by the authority of the same, as follows: part I preliminary short title and commencement 1. (1) this Act may be cited as the Earth Survey Investigation Act 1974 and shall apply throughout Malaysia.
(2) this Act shall come into force on such date as the Minister may, by notification in the Gazette; and the Minister may set different dates for the coming into operation of different provisions of this Act and the date can be set for different States or parts of different Malaysia: provided that no date can be set under this section on Sabah and Sarawak unless Government for the States that have been dirundingi.
6 laws of Malaysia ACT 129 interpretation 2. In this Act, unless the context otherwise requires — "analysis" means the determination of the content of a specimen or example with methods of physics or chemistry;
"rocks material" means any rocks, stone, marble, gravel, sand, soil, laterit, land gembur, clay, soil-soil, mud, turf, peat, coral, shell or bat droppings in or upon any land;
"berfosil material" means any material mines, including rocks, containing the balance or the effects of animal or plants that have been preserved through natural processes in the Earth's crust;
"ore" means solid mineral Group happened to the natural ways that have economic significance from whom a valuable constituent or more is possible by means of processing;
"sample" means a fraction of things happened to the natural ways which is a mass of which it forms part;
"mineral" means any substance the same type natural have fixed content and chemical Atomic arrangement order;
"Director General" means the Director General of Investigation Study Earth appointed under section 3;
"authorized person" means a person authorized by an official Investigation Study Earth for making an investigation study of the Earth;
"The investigation Officer Survey Earth" means a person appointed under section 3;
"Collector" means an administrator of land within the meaning of the national land code [Act 56 of 1965] and collector of land revenue within the meaning of the Land Ordinance of Sabah [B B 68] and in respect of the Authority means Sarawak appointed under section 3 of the Sarawak land code [Chapter 81];
Investigation Study Earth 7 "Introduction" means the name of an example using test physics and chemistry handy when necessary;
"investigation study Earth" means any systematic investigation on the surface or fill the Earth with or without the help of any syllabus physics or chemistry;
"specimen" means a fraction of things happened to the natural ways that are not necessarily represents a mass of which it forms part.
PART II ADMINISTRATION appointment, powers and duties of officers 3. (1) a Director General of Investigation Study of the Earth, a Deputy Director General of Investigation Study of the Earth, and other Earth Survey Investigation officers as may be deemed necessary to be appointed to carry out the purposes of this Act.
(2) the duties and powers of an officer appointed under this section is the duties and powers conferred on them by this Act and any regulations made thereunder.
(3) every officer appointed under this section shall be with the appointment be deemed to be vested with all the powers of any officer Investigation Study Earth low-rank them.
(4) the Director General may authorize any person in writing to carry out an investigation study of the Earth in his stead.
(5) every appointment and authorisation under this section shall be published in the Gazette.
(6) subject to section 4, the Director General has the authority to monitor all other officer appointed or all of an authorized person under this section.
8 laws of Malaysia ACT 129 (7) all the appointed and all authorized person under this section shall be deemed to be public servants within the meaning of the Penal Code [Act 574].
Minister's power to issue directions 4. The Minister may from time to time provide general instructions to the Director General, and that in accordance with the provisions of this Act, concerning the exercise of the powers and discretion given to the Director General by this Act or by any regulations made thereunder, and the exercise of the duties that are required to be carried out by the Director General under this Act or by any regulations made under it , in respect of all things turns out to it involve any investigation study of the Earth, and the Director-General shall enforce all such directions.
Consultation by the Investigation Study Earth 5. (1) the Director General may authorize an officer Investigation Study of the Earth to carry out negotiation, analysing or other services to someone else.
(2) an officer of the investigation Study Earth authorized under subsection (1) may require the person who consulted with him that permission from the proprietor or occupier of all land to be entered into by it, and get a permit and powers as may be necessary under any law for the purpose of negotiation, analysing or other services.
(3) in the event any specimens or examples presented for analyzing an officer Investigation Study Earth authorized under subsection (1) may be ordered to be kept or disposed of specimen or example that or any part thereof as he may deem fit.
(4) fees for consulting, services or other services analysing under this section may be charged at such rate as may be prescribed.
Investigation Study Earth 9 PART III INVESTIGATION STUDY of the EARTH by the EARTH'S power to REVIEW INVESTIGATION investigation study Earth 6. Whenever it appears on the Minister that an investigation study of the earth should be made for any area, he may, with the agreement of the State authorities, by notification in the Gazette, designate areas to be investigated (hereinafter referred to as "prescribed area") by the Director General.
Authority and the notice to enter land 7. (1) subject to this section, an officer of the investigation Study Earth or someone authorized have the authority to enter into a specified area of land for the purpose of investigation study of the Earth.
(2) an officer of the investigation Study of the Earth or a person authorized shall cause to be served a notice to a person who is the proprietor or occupier of any land, or lessee if the land is land mines, within the stipulated time, who told him about his wish to enter the land for the purpose of investigation study of the Earth. The notice shall be served not less than 14 days prior to the date he or she proposes to enter the land.
(3) if the entry into and exit from the set can not be done without going through an alienated land, land mines or land occupied under temporary occupation licence, the investigation Officer Survey Earth or authorized person shall serve a notice to the owner, lessee or occupier the notify his wish to enter and enter again the land is for the purpose of getting in to the specified area. The notice shall be served not less than 14 days before the date on which he proposes to use the land as a driveway.
10 laws of Malaysia ACT 129 (4) a notice to be served under this section may be served to a person or a group of persons in the manner following, namely: (a) by submitting the notice to that person;
(b) by submitting the notice — (i) in the place of residence or business or the last known address of that person to the person his salary or to an adult member of his family; or (ii) at the registered office or place of business or the last known address of the group to the salary or his agent;
(c) by sending the notice by registered post which explained the fee to people or groups that — (i) in the place of residence or usual place of business or the last known address of that person; or (ii) at the registered office or place of business or the last known address of the Group; or (d) if the Director General is satisfied that a notice under this section shall not be delivered to that person or by post (either because the person who is to be served on him a notice that prevent delivery or because something other reasons) — (i) by affixing a copy of the notice in a conspicuous place on the land or on a court , a mosque or Chief Office or in local or other public place, in an area in which the land is located;
(ii) by posting a copy of the notice in the Gazette and if it thinks fit, in one or more newspapers circulating in the State in which the land is located.
(5) a person who has served a notice under subsection (2) and (3) shall authorise any officer Investigation Study Earth or authorized person to enter the land or any part thereof.
Investigation Study Earth 11 Authority of an officer of the investigation Study Earth 8. (1) when served notice under section 7 and subject to the provisions of subsection (2), the officer in charge of the investigation Study Earth or someone authorized may, for the purpose of making such investigations as may be considered appropriate by the Director General in relation to any investigation study Earth — (a) enter any land within the stipulated time;
(b) cutting, remove or otherwise clean up any plants that are not planted as may be necessary to enable the investigation carried out properly;
(c) erecting or placing any spikes and mark as may be necessary to enable the investigation carried out properly;
(d) carry out an investigation study of the Earth in superficial;
(e) carry out an investigation study of the Earth Physics in artifisial;
(f) menggerek, drill, breaking, digging or melubangkan the land;
(g) obtain and take any specimens or examples of the ground for extending the investigation and take and disposed of as he thinks fit any material artifisial or seasal as may be necessary to obtain specimens or examples of that.
(2) an officer of the investigation Study Earth or authorized person who enters any land for the purpose of an investigation study of the earth shall, when requested by the occupier of the land, show residents that letter his authority in the prescribed form.
(3) in this section — "investigation study Earth Physics in artifisial" means any investigation of surface, underground or fill the Earth with measuring the physics force lencungan diaruhkan in artifisial;
12 laws of Malaysia ACT 129 "investigation study Earth Physics naturally" means any investigation of surface, underground or fill the Earth by means of measuring the nature of fiziknya;
"investigation study Earth chemical" means any systematic investigation of surface, underground or fill the Earth by running the chemical analysis on specimen or example taken from the ground, groundwater, or plants;
"investigation study Earth in superficial" means any systematic investigation of surface, underground or fill the Earth with the Earth Physics investigation study of natural, chemical or investigation study Earth physics examination;
"systematic investigation" means any inquiry and includes an initial inspection.
Claim for compensation of damage 9. (1) if the damage has been done to a property within an investigation study of the Earth, the owner of the property may within six months after the conclusion of the investigation study of the earth over the land on which the property has been damaged, submit a claim to the Director General, and the Director-General may — (a) reject the claim; or (b) cause to damage is assessed and pay or offer to the claimant such assessed damage costs.
(2) if the claimant is not satisfied with the rejection of the claim or by assessment that he may within one month after it is delivered by post a letter stating such rejection or after paid or offered cost damages assessed under subsection (1), appeal to the Collector of the district which the land is located.
(3) the Collector shall as soon as may hear the claim and may refuse the claim or make an award as he may deem fit.
Investigation Study Earth 13 (4) Collector has all the power of a court to summon and examine witnesses, administer the oath or affirmation and for forcing to submission and handed over to him the land, including land title products and those of other evidence of ownership.
(5) a party who is not satisfied with the decision of the Collector can within one month after the decision is made appeal to the appeal board consisting of the following persons: (a) a Chairman, who is the Director General of lands and mines (Federal) to hear appeals for cases arising in Peninsular Malaysia or the Director of lands and surveys for the State of Sabah or Sarawak to hear appeals in cases arising in the State respectively; and (b) two other persons who shall be elected by the Chairman of a panel of persons who shall be appointed by the Minister by notification in the Gazette.
(6) the decision of the Appeal Board referred to in subsection (5) shall be final.
PART IV GENERAL OBLIGATIONS RELATING To INVESTIGATION STUDY Of The EARTH, Etc.
Application Of Part IV 10. The provisions of this section shall apply to all persons except the Earth Survey and Investigation officers of the authorized person.
Notice to the person prospecting 11. (1) the Director General may by notice require that any person prospecting for metals or minerals pursuant to licence 14 laws of Malaysia ACT 129 or permit issued under any law relating to mining in effect at this time — (a) to create and submit to him a record description and place of found material specimen rocks, minerals, ores, substances berfosil or other minerals that occur naturally in the way of natural resources;
(b) to deliver to him the specimen or example mentioned earlier or the parts of the specimen or example for purposes of identification or analysis provided that such request is made within six months after the end of the exploration;
(c) to provide a true description of the exploration results as soon as possible after the end of the exploration or at any intervals as directed by him within the ongoing exploration.
(2) the Director General can save any specimen or a sample submitted to him under paragraph (1) (b).
Plasmodium berfosil material shall be notified 12. If a person who is carrying out an investigation study of the Earth or prospecting finds any material berfosil he shall immediately notify the Director-General on such particulars as may be prescribed from time to time.
Development of specific wells shall be notified 13. (1) any person menggerek, drill, dig or otherwise develop a well for the purpose of seeking or taking water therefrom shall notify the Director-General on such particulars as may be determined from time to time.
Investigation Study Earth 15 (2) for the purposes of this section the well does not include something wells that are less than 30 feet in without reach batu hampar or tears less than 500 gallons a day and used solely for the purpose of household for the household of the person responsible for memajukannya.
Certain Korekan should be notified 14. Subject to section 13, a person who menggerek, drill, dig or otherwise develop a hole, shaft, tunnel, instructions or other revealing korekan batu hampar (different from silt or serdak MI) shall notify the Director-General on such particulars as may be prescribed from time to time:
Provided that this section shall not apply to a person who makes a korekan incidental to erect a building one floor or two floors or for someone making an korekan in accordance with the provisions of any law relating to mining regulations in force at the time.
Part V ARCHIVES and GROUP INVESTIGATION STUDY EARTH establishment of archives and group 15. (1) the Director General shall cause to be established and maintained a record of all information in the studies of the Earth found by him under this Act, and the record shall be known as the Archive Investigation Study of the Earth.
(2) the Director General shall cause to be established and maintained batch all rocks, minerals, ores, fossils, and other minerals that occur naturally in the way Earth's found or kept by him under this Act, and shall be known as the Group of Investigation Study of the Earth.
16 laws of Malaysia ACT 129 appointment of keeper of the archives and the curator Group 16. The Director-General may appoint an officer Investigation Study of the Earth as the keeper of Archives Investigation Study Earth or as the curator Group Investigation Study of the Earth, and may delegate the responsibility for archives and the group to an officer Investigation Study Earth appointed such.
Storage and disposal of specimen and example 17. The Director General can save any specimens or samples submitted to it for the introduction or analysing and may at any time make any arrangements for the disposal of specimens or examples of it in such manner as it thinks fit, except that specimen and sample shall be returned to the people who produce it if a request to that effect have been made at the time it is submitted.
PART VI GENERAL Penalties am 18. (1) any person who contravenes a provision of this Act or who fails to comply with an order, notice, conditions or restrictions shall be valid legally imposed thereunder, commits an offence against this Act and shall on conviction be liable to a fine not exceeding ten thousand dollars and in addition can be fined fifty dollars a day for every day the violation or failure continues.
(2) if there are any other penalties specifically provided for in any regulations made under this Act, a person who contravenes a provision of the regulations commits an offence against this Act and shall on conviction be liable to a fine not exceeding five thousand dollars and in addition a fine of twenty five dollars a day for every day the violation continues.
Investigation Study Earth 17 offences by a group of people and by servants and agents 19. If an offence against this Act or of any regulations made thereunder has been committed by a company, firm, organization or other group of persons, any person that at the time of the offence was a Director, Manager, Secretary or other similar officer or a partner of the company, firm, organization or other group of people or is purporting to act upon such property shall be deemed to be guilty of such offence unless he proves that it was committed without agreed upon or left by him and that he has undertaken every effort to prevent the occurrence of the offence as he ought to have been carried out by it, taking note of the type of functions upon such property and of all the circumstances.
Who can claim 20. Prosecution in respect of offences under this Act or under any regulations made thereunder may be exercised by the Director General or by an officer of the Earth Survey Investigation authorized by especially in writing for that purpose by the Director General.
Action Officer an offence 21. There anything done in good faith by an officer of any Government in the Federation acting in the discharge of its obligations can be an offence under this Act or under any regulations made thereunder.
Regulations 22. The Minister may make regulations for carrying out the provisions of this Act and for prescribing anything that is required or permitted to be prescribed under this Act.
18 laws of Malaysia ACT 129 laws of MALAYSIA Act 129 ACT INVESTIGATION STUDY EARTH 1974 LIST AMENDMENT law short title of the Act into force amend the Currency Act 160 Malaysia 29-08-1975 (dollars) 1975 Investigation Study Earth 19 laws of MALAYSIA Act 129 ACT INVESTIGATION STUDY EARTH 1974 LIST SECTION AMENDED Section Power amend with effect from 18 Act 160 29-08-1975