WATER SERVICES INDUSTRY ACT 2006

Water Services Industry LAWS OF MALAYSIA REPRINT Act 655 WATER SERVICES INDUSTRY ACT 2006 Incorporating all amendments up to 1 August 2006 PUBLISHED BY THE COMMISSIONER OF LAW REVISION, MALAYSIA UNDER THE AUTHORITY OF THE REVISION OF LAWS ACT 1968 IN COLLABORATION WITH PERCETAKAN NASIONAL MALAYSIA BHD 2006 1 2 ACT 655 Laws of Malaysia WATER SERVICES INDUSTRY ACT 2006 Date of Royal Assent ... ... ... … … 10 July 2006 Date of publication in the Gazette … … 20 July 2006 Water Services Industry 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. Federal Government to have executive authority PART II LICENSING PROVISIONS Chapter 1 Individual licence 4. Requirement for individual licence 5. Power to exempt from requirement for individual licence 6. Application for individual licence 7. Further information or document 8. Recommendation by the Commission 9. Grant or refusal of individual licence 10. Compliance with individual licence conditions 11. Power to impose additional, vary or revoke conditions 12. Transfer of individual licence 13. Revocation of individual licence 3 4 Laws of Malaysia ACT 655 Section 14. Effective date of revocation of individual licence 15. Publication of revocation of individual licence 16. Surrender of individual licence 17. Renewal of individual licence 18. Effect of revocation, surrender or non-renewal of individual licence 19. Register of individual licence Chapter 2 Class licence 20. Requirement for class licence 21. Restrictions imposed on class licensee 22. Power to exempt from requirement for class licence 23. Exemption from duties or obligations 24. Approval for class licence 25. Application for class licence and registration 26. Compliance with conditions of class licence 27. De-registration of class licensee 28. Register of class licence PART III DUTIES AND OBLIGATIONS OF LICENSEES Chapter 1 Duties and obligations applicable to all licensees 29. Furnishing of information 30. Submission of business plan 31. Direction by Commission to facilities licensee to construct, operate and maintain new public water supply system or public sewerage system 32. Access to public water supply system and public sewerage system 33. Dealing with consumers 34. Security, integrity and safety of water supply system and sewerage system 35. Duty of facilities licensee in respect of water supply system and sewerage system Water Services Industry 5 Chapter 2 Duties and obligations applicable to licensees providing water supply services Section 36. Developing and maintaining water supply system 37. Supply of water 38. Connecting public mains and premises to be supplied with water 39. Supply of water through public pipes 40. Maintaining water pressure 41. Water quality 42. Supply of water for fire-fighting Chapter 3 Duties and obligations applicable to licensees providing sewerage services 43. Operating and maintaining public sewerage system 44. Septic tanks to be desludged PART IV PROVISIONS RELATING TO WATER SUPPLY SYSTEM, WATER SUPPLY SERVICES, SEWERAGE SYSTEMS AND SEWERAGE SERVICES Chapter 1 Water supply system and sewerage system 45. Construction of water supply system, sewerage system and septic tanks 46. Requirement for developer to construct water supply system and sewerage system 47. Developer to hand over water supply system or sewerage system of new development to service licensee 48. Damage to public water supply system and sewerage system to be made good 49. Qualifications to operate, etc., water supply system and sewerage system 50. Permits for contractors 51. Plumbing and connection works Chapter 2 Water supply services 52. Supply agreement with consumers 53. Bulk supply between service licensees providing water supply services 54. Reduction or cessation of supply 6 Laws of Malaysia ACT 655 Section 55. Restriction of water supply 56. Special powers during emergency Chapter 3 Sewerage system and services 57. Power to require premises to be connected to public sewerage system 58. Power to require developer to connect development to public sewerage system 59. Requirement that proper drainage for sewage be made 60. Unauthorized connection to public sewer, etc. 61. Prohibited effluent or noxious matter not to be discharged into public sewer, etc. 62. Responsibilities for communal septic tank 63. Power to install or construct private sewerage system or septic tank 64. Power to require private sewerage system, etc., to be put in proper order 65. Duty to operate and maintain private sewerage system, etc. 66. Penalty in respect of nuisance, etc., caused by private sewerage system or septic tank 67. Contract for the provision of sewerage services PART V CONSUMER PROTECTION, RESOLUTION OF DISPUTES AND INQUIRIES Chapter 1 Consumer protection 68. Consumer standards 69. Water Forum 70. Functions of the Water Forum Chapter 2 Resolution of disputes 71. Disputes 72. Dispute procedures 73. Committee to decide on notified disputes 74. Decisions to be in writing 75. Registration of decisions 76. Enforcement of decision Water Services Industry 7 Chapter 3 Inquiries Section 77. Inquiries by the Commission 78. Conduct of inquiry 79. Publication of notice of inquiry 80. Private inquiry and confidential materials 81. Reports of public inquiry 82. Protection from civil action 83. Register of reports PART VI RATES, CHARGES AND DEPOSITS 84. Regulations regarding rates, charges and deposits 85. Power to exempt from rates, charges or deposits 86. Prescribed rates and charges may be collected and retained by licensee 87. Power to require deposit 88. Recovery of money due 89. Disconnection of water supply 90. Rights of water distribution licensee who is licensed to provide sewerage services PART VII APPEAL TRIBUNAL 91. Establishment of Appeal Tribunal 92. Constitution of Appeal Tribunal 93. Allowances 94. Resignation and revocation of appointment 95. Vacation of office and new or temporary appointments 96. Disclosure of interest 97. Secretary to Appeal Tribunal and other officers 98. Appeal to Appeal Tribunal 99. Record of decision or direction of Commission or committee 100. Stay of decision or direction pending appeal 8 Laws of Malaysia ACT 655 Section 101. Composition of Appeal Tribunal 102. Sittings of Appeal Tribunal 103. Procedures of Appeal Tribunal 104. Powers of Appeal Tribunal 105. Decision of Appeal Tribunal 106. Enforcement of decision of Appeal Tribunal 107. Immunity of action for act or omission done in good faith PART VIII TRANSFER OF BUSINESS 108. Interpretation 109. Sanction required for reconstruction, etc., of licensees 110. Application to High Court to facilitate agreement or arrangement for transfer of whole or part of business of licensee being given effect to PART IX ASSUMPTION OF CONTROL 111. Interpretation 112. Licensee to inform Commission 113. Action of Commission in respect of licensee in certain circumstances 114. Action of Minister in respect of licensee in national interest 115. Provisions in relation to appointment under section 113 116. Provisions in relation to removal from office under section 113 117. Provisions in relation to assumption of control under section 113 or 114 118. Effect of obstructing or hindering Commission or appointed person 119. Moratorium 120. Order to be final PART X GENERAL OFFENCES AND PENALTIES 121. Offence of contamination of water 122. Wrongful acts 123. Unlawful connection of water supply 124. Tampering with meter or sub-meter Water Services Industry 9 Section 125. Tampering of water supply system or sewerage system or part of the systems 126. Taking of water from fire hydrant 127. Penalty for obstructing 128. Proceedings if occupier opposes the execution of works 129. Unlawful use or supply of non-standard equipment, device, material, system or facilities 130. Offence for giving false and misleading information 131. Power to take action PART XI INFORMATION-GATHERING POWERS AND ENFORCEMENT PROVISIONS Chapter 1 Information-gathering powers 132. Provision of information 133. Proof of compliance 134. Commission may retain documents 135. Access to records 136. Incorrect records 137. Record of information 138. Publication of information 139. Offence for non-compliance Chapter 2 Powers of entry 140. Power to enter on and examine land 141. Power to enter on land for purposes of construction 142. Appeal against order of Land Administrator 143. Installation of pipe, etc., on State land 144. Maintenance, repair and upgrading of installation 145. Saving of way leave agreement 146. Compensation 10 Laws of Malaysia ACT 655 Chapter 3 Enforcement Section 147. Authorized officer 148. Power of investigation 149. Entry into premises with search warrant 150. Powers of entry and search and seizure without warrant 151. Access to computerized data 152. Warrant admissible notwithstanding defects 153. List of things seized 154. Release of things seized 155. Power to require attendance of person acquainted with case 156. Examination of person acquainted with case 157. Admissibility of statements in evidence 158. Authorized officer to complete investigation and hand over to police 159. Cost of holding equipment, etc., seized 160. No cost or damages arising from seizure to be recoverable 161. Obstruction 162. Additional powers Chapter 4 Miscellaneous 163. Compounding of offences 164. Prosecution 165. Offences by body corporate 166. Information or informer not to be disclosed 167. Manner of service of documents 168. Inaccuracies in document 169. Liability of transferors 170. Exemption of equipment from distress and attachment PART XII GENERAL 171. Water Industry Fund 172. Sewerage Capital Contribution Fund Water Services Industry 11 Section 173. Registration of agreements 174. Certifying agencies 175. Reporting to Minister on industry performance 176. Register 177. Directions by Commission 178. Determination by Commission 179. Power of Minister to make regulations 180. Power of Commission to make rules 181. Penalties for subsidiary legislation 182. Power of Minister to amend Schedule 183. Public Authorities Protection Act 1948 184. Protection of officers and other persons PART XIII REPEAL, SAVINGS AND TRANSITIONAL PROVISIONS Chapter 1 Repeal and savings 185. Repeal 186. Savings 187. Continuance of other rights, liabilities, etc., under the repealed legislation Chapter 2 Transitional provisions for existing operators 188. Existing water supply services 189. Existing sewerage services 190. Existing licences or permits 191. Agreements stipulated in Schedule 192. Indication to migrate to licence 193. Status of registered existing licence and authorization SCHEDULE 12 Laws of Malaysia ACT 655 Water Services Industry 13 LAWS OF MALAYSIA Act 655 *WATER SERVICES INDUSTRY ACT 2006 An Act to provide for and regulate water supply services and sewerage services and for matters incidental thereto. [ ] WHEREAS it is expedient for the purpose of ensuring uniformity of law and policy to make a law for the proper control and regulation of water supply services and sewerage services throughout Peninsular Malaysia and the Federal Territories of Putrajaya and Labuan: AND WHEREAS it is also expedient that provisions be made to confer executive authority on the Federation for matters relating to water supply systems and water supply services and to make it clear that the executive authority conferred on the Federation for matters relating to sewerage systems and sewerage services is continued throughout Pen