Sewerage Services Enactment 2017 (Act no. 5 of 2017)

This Act, comprising 73 Sections, aims to regulate sewerage services, including the collection, conveyance, treatment, and disposal of sewage or sewage sludge, as well as the operation and maintenance of a sewerage system and the desludging of septic tanks. Section 3 vests the Government with executive authority for sewerage systems and services in Sabah, which can acquire or agree to transfer necessary property via a Ministerial order and contract with a sewerage services contractor to manage the entire system lifecycle and service provision (Section 4). Part III addresses the powers of the Director of Sewerage Services, who oversees and regulates all sewerage systems and services. This includes (i) planning and development, such as implementing plans to meet service demands and preparing a structure plan for new system development and existing system improvement; (ii) handling standard setting and regulation, prescribing minimum standards and specifications for systems, equipment, and connections, setting codes of practice for maintenance and construction, issuing licenses, and maintaining a register of equipment suppliers; (iii) managing contractor oversight and customer protection, which means ensuring contractors properly execute and finance their work and promoting customer interests regarding the price, quality, and continuity of services; (iv) keeping contractor performance under constant review and eventually delegating any of their powers to officers while remaining subject to the Minister's general directions. Under Part IV, focused on the licensing system, no person may own, operate, construct, modify, maintain, or provide any sewerage system or service, including connection works or desludging, without holding a licence, the contravention of which carries significant fines and/or imprisonment, although the Minister may grant an exemption upon the Director's recommendation; furthermore, no person shall construct, alter, modify, or close up any sewerage system, septic tank, or internal sewerage piping unless the relevant plans or specifications requiring the Director's approval have first been approved in writing by the Director. Under Part X, the Director, or an authorized person, may enter any premises to survey, inspect, construct, maintain, operate, or otherwise execute works related to the public sewerage system, provided they have consent or have given notice to the owner, management, or occupier. Regarding the enviornmental issues, the Act indirectly address environmental protection by prohibiting the discharge of prohibited effluent, noxious substances, or harmful materials into public sewerage systems and treatment works, mandating that private systems and septic tanks be properly maintained to prevent harm or nuisance, and enabling the Director to take necessary measures against imminent environmental danger, with penalties prescribed for non-compliant private infrastructure causing nuisance or health hazards, and allowing the Minister to prescribe abatement measures for construction nuisances. The Minister may prescribe the rates to be charged for the sewerage services. Offences and penalties are dealt with in Part IX.

ماليزيا · 2017-12-27