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LAWS OF MALAYSIA
REPRINT
Act 129
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
PREVIOUS REPRINTS
Act 129
ARRANGEMENT OF SECTIONS
PART I
PRELIMINARY
Section
1. Short title and commencement
2. Interpretation
PART II
ADMINISTRATION
PART III
PART IV
PART V
PART VI
GENERAL
Act 129
PART I
PRELIMINARY
1. (1) This Act may be cited as the Geological Survey 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 appoint; and the Minister may
appoint different dates for the coming into operation of different
provisions of this Act and different dates may be appointed for
different States or parts of Malaysia:
Interpretation
ADMINISTRATION
(2) The duties and powers of the officers appointed under this
section shall be those assigned to them by this Act and any regulations
made thereunder.
4. The Minister may from time to time give the Director General
directions of a general character, and not inconsistent with the
provisions of this Act, as to the exercise of the powers and discretions
conferred upon the Director General by, and the duties required
to be discharged by the Director General under this Act or any
regulations made thereunder, in relation to all matters which appear
to him to affect any geological survey, and the Director General
shall give effect to all such directions.
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Consultations by Geological Survey Officers
5. (1) The Director General may authorize any Geological Survey
Officer to undertake consultation, analysis or other service for any
other person.
PART III
GEOLOGICAL SURVEYS BY GEOLOGICAL
SURVEY OFFICERS
9. (1) Where damage was done to any property during the course
of a geological survey, the owner of the property may within six
months after the completion of the geological survey on the land
where the property was damaged, submit a claim to the Director
General, who may—
(a) reject the claim; or
(b) cause the damage to be assessed and pay or tender to the
claimant the assessed cost of damage.
(3) The Collector shall as soon as practicable hear the claim and
may dismiss the claim or make an award as he may think just.
(4) The Collector shall have all the powers of a Court for the
summoning and examination of witnesses, the administration of
oaths or affirmations, and for compelling the production and delivery
to him of documents, including issue documents of title and other
documents evidencing title.
(5) Any party who is dissatisfied with the decision of the Collector
may within one month after the decision being made appeal to an
Appeal Board consisting of the following persons:
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(a) a Chairman who shall be the Director General of Lands
and Mines (Federal) to hear appeals in cases arising in
Peninsular Malaysia or the Director of Lands and Surveys
of the State of Sabah or Sarawak to hear appeals in cases
arising in the respective State; and
(b) two other persons to be selected by the Chairman from
a panel of persons to be appointed by the Minister by
notification in the Gazette.
PART IV
Application of Part IV
10. The provisions of this Part shall apply to all persons other
than Geological Survey Officers and authorized persons.
11. (1) The Director General may by notice require any person
prospecting land for metal or minerals under licence or permit
issued under any law relating to mining for the time being in
force—
(a) to make and submit to him a record of description and
place of finding of specimens of rock material, mineral,
ore, fossiliferous materials or other naturally occurring
mineral substance in the earth;
(b) to surrender to him the aforesaid specimens or samples
or part of the specimens or samples for the purpose of
identification or analysis provided such request is made
within 6 months after the completion of the prospecting;
(c) to give a true account of the results of the prospecting
as soon as possible after its completion or at such intervals
during its continuance as he may direct.
13. (1) Any person who bores, drills, digs or otherwise develops
a well for the purpose of searching for or extracting water therefrom
shall notify the Director General of such details as may from time
to time be prescribed.
(2) For the purposes of this section a well does not include a
well which is less than 30 feet in depth without reaching bedrock
or yield less than 500 gallons of water per day and is used only
for the domestic purposes of the household of the person responsible
for its development.
14. Subject to section 13, any person who bores, drills, digs or
otherwise develops a hole, pit, shaft, tunnel, cutting or other
excavation exposing bedrock (as distinct from alluvium or detritus)
shall notify the Director General of such details as may be prescribed
from time to time:
Provided that this section shall not apply to any person making
an excavation incidental to the erection of a single-storeyed or
double-storeyed building or to any person making an excavation
in accordance with the provisions of any law relating to mining
for the time being in force.
PART V
PART VI
GENERAL
General penalty
18. (1) Any person who contravenes any provision of this Act or
who fails to comply with any lawful direction, notice, condition
or restriction imposed thereunder, shall be guilty of an offence
against this Act and shall on conviction be liable to a fine not
exceeding ten thousand ringgit and in addition to a fine of fifty
ringgit a day for every day during which the contravention or
failure continues.
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(2) Where no other penalty is specifically provided in any
regulations made under this Act any person who contravenes the
provisions of such regulations shall be guilty of an offence against
this Act and shall on conviction be liable to a fine not exceeding
five thousand ringgit and in addition to a fine of twenty five
ringgit a day for every day during which the contravention continues.
Regulations
22. The Minister may make regulations for the carrying out of
the provisions of this Act and for prescribing anything which
under this Act is required or permitted to be prescribed.
Act 129
LIST OF AMENDMENTS
Act 129
DICETAK OLEH
PERCETAKAN NASIONAL MALAYSIA BERHAD,
KUALA LUMPUR
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