"analysis"  means the determination of the composition of a specimen or sample by physical or chemical method or by a combination of both methods;

  "Assistant Director"  means an Assistant Director of Mines appointed under section 4;

  "conveyance"  includes a ship, train, vehicle, aircraft or any other means of transport by which persons or goods can be carried;

  "development work"  means any work carried out in relation to the physical construction of a mine;

  "Director"  means a Director of Mines appointed under section 4 and includes any Deputy Director of Mines.

  "Director General"  means the Director General of

4 PART II ADMINISTRATION-4. Appointment of the Director General of Mines, Deputy Director General, etc,.

(1) The Minister shall appoint a public officer to be the Director General of Mines for the purpose of performing the functions and duties assigned to him under this Act.

(2) This minister shall also appoint such numbers of Deputy Director Generals of Mines, Directors of Mines, Deputy Directors of Mines, Assistant Directors of Mines, Senior Mining Assistants, Mining Assistants and such other officers as may be necessary for carrying out the purposes of this Act.

(3) All officers appointed under subsection (2) shall be subject to the control, direction and supervision of the Director General.

(4) All officers appointed under this Act shall be deemed to be public servants within the meaning of the Penal Code.

5 PART II ADMINISTRATION-5. Functions and duties of Director General.

The Director General shall-

(a) be responsible for the administration and enforcement of this Act;

(b) exercise supervision and control on the safety aspects relating to mines and to the fossicking, panning, exploration, mining, possession, movement, storage and processing of minerals and mineral ores in accordance with this Act;

(c) obtain information on and keep records of operations pertaining to the fossicking, panning, exploration, mining, possession, movement, storage, processing, purchase and sale of mineral and mineral ores;

(d) perform such functions in relation to this Act as the Minister may from time to time determine; and

(e) carry on such other activities as may appear to the Director General requisite, advantageous or convenient for the purpose of carrying out the provisions of this Act.

6 PART II ADMINISTRATION-6. Delegation of functions or duties by Director General.

The Director General may, in writing, delegate to any officer under his control, direction and supervision the exercise or performance, subject to such conditions, limitations or restrictions as may be provided in the instrument of delegation, of any of his functions or duties assigned to him under this Act:

Provided that any delegation under this section with respect to any function or duty shall not prevent the Director General from himself exercising or performing such delegated function or duty in any case where it appears to him expedient to do so.

7 PART II ADMINISTRATION-7. Functions and duties of Director.

(1) A Director shall exercise the functions and duties assigned to the Director General in the geographical locality under his jurisdiction.

(2) A Director shall report to the Director General any matter in respect of which any action on the part of the Director General is necessary.

(3) A Director shall be vested with the functions and duties of an Assistant Director.

8 PART II ADMINISTRATION-8. Functions and duties of Assistant Director.

(1) An Assistant Director shall-

(a) inspect and regulate the storage, transportation and use of toxic, inflammable or other potentially dangerous substances in respect of or in relation to any fossicking, panning, exploration, mining or mineral processing activity;

(b) require the holder of a mineral tenement to provide and maintain within the mineral tenement and mineral processing area such access roads and other routes as are necessary and adequate for the purpose of safe access, exit, escape or removal of any injured person;

(c) give such orders as he considers necessary to discontinue any operation, use of equipment or practice in or about any fossicking, panning, exploration or storage facility area or mine or mineral processing plant which-

(i) affects the safety or health of any person;

(ii) causes damage to property; or

(iii) causes nuisance t

9 PART III REGULATION OF EXPLORATION AND MINING-9. Holder of mineral tenement to submit copy of mineral tenement and change of address to Director, etc.

(1) Any holder of a prospecting licence, exploration licence, proprietary mining licence or mining lease shall, within thirty days after the registration of such mineral tenement under any written law, send a copy of his mineral tenement to the Director and the Director General of Geological Survey.

(2) Any holder of mineral tenement mentioned in subsection (1) who has changed his address shall, within fourteen days from the date of change of such address, notify the Director and the Director General of Geological Survey in Writing of his new address.

10 PART III REGULATION OF EXPLORATION AND MINING-10. Submission of operational mining scheme.

(1) The holder of a proprietary mining licence or mining lease shall be required to submit for approval by the Director an operational mining scheme for development work and mining on the land which is the subject of such mineral tenement before the commencement of any development work or mining within the mineral tenement area.

(2) The operational mining scheme shall include-

(a) the expected date of commencement of production;

(b) a schedule of estimated annual raw ore production for the term of the mineral tenement;

(c) plant of the workings of the mine; and

(d) such information as may be prescribed or required in writing by the Director.

(3) The holder of proprietary mining licence or mining lease may submit a modification to the approved operational mining scheme for approval by the Director and shall not commence any development work or

11 PART III REGULATION OF EXPLORATION AND MINING-11. Notices of intent to explore or carry out development work.

(1) The holder of a prospecting licence or exploration licence shall send a written notice at least seven days before commencing exploration to the Director and the Director General of Geological Survey informing them of such intent.

(2) The holder of a proprietary mining licence or mining lease shall send to the Director and the Director General of Geological Survey a similar notice before commencing any development work.

12 PART III REGULATION OF EXPLORATION AND MINING-12. Compliance with operational mining scheme.

(1) The holder of a proprietary mining licence or mining lease shall comply with the approved operational mining scheme under section 10 and carry out development work and mining in accordance with such approved operational mining scheme.

(2) Upon failure by the holder of a proprietary mining licence or mining lease to comply with the approved operational mining scheme, the Director shall inquire into the matter and may order the holder of such licence or lease to-

(a) undertake all necessary measures to ensure compliance with the approved operational mining scheme; or

(b) suspend development work or mining until the necessary measures are taken to comply with the approved operational mining scheme.

(3) Any measures taken to comply with an order issued under subsection (2) shall not operate to relieve any holder of such licence or lease from any liability arising under subsect

13 PART III REGULATION OF EXPLORATION AND MINING-13. Good and safe practices and environmental standards.

Fossicking, panning, exploration, mining and mineral processing shall be carried out in accordance with good and safe practices and such environmental standards as may be prescribed under this Act and any written law relating to environment.

14 PART III REGULATION OF EXPLORATION AND MINING-14. Manager of mine.

(1) The holder of a proprietary mining licence or mining lease shall, where-

(a) there are ten or more persons employed at the mine; or

(b) the Assistant Director has notified the holder of such licence or lease that a manager is required,

appoint a manager of the mine.

(2) The appointment of a manager under subsection (1) shall be with the approval of the Assistant Director.

(3) If the manager appointed under subsection (1) ceases to be the manager of the mine, the holder of a proprietary mining licence or mining lease shall within three days from the date of cessation appoint another manager with the approval of the Assistant Director.

(4) The holder of a proprietary mining licence or mining lease may appoint such number of assistant managers as may be necessary to assist the manager, any such appointment shall be with the approval of the Assistant Director.<

15 PART III REGULATION OF EXPLORATION AND MINING-15. Directions by manager of mine.

(1) The manager of any mine may, and if so required by the Assistant Director shall, issue written directions to be observed by any person employed in or about such mine as are necessary under the particular circumstances to ensure their occupational safety and health.

(2) A copy of the written directions shall be sent to the Assistant Director and if the Assistant Director has not within thirty days from the receipt thereof objected to them in writing to the manager the written directions shall, subject to subsection (8), come into force.

(3) If the Assistant Director does not approve of any proposed written directions he shall within thirty days after the receipt thereof inform the manager of any alteration, addition or substitution to such directions as he deems fit.

(4) If the manager objects to any such alteration, addition or substitution he may refer the matter to the Director whose decision shall be final.

(5) An

16 PART III REGULATION OF EXPLORATION AND MINING-16. Plans to be furnished.

(1) The manager of any mine shall keep at the office of such mine accurate plans of the workings of the mine made from actual survey in such a manner as may be prescribed and, at intervals of not more than six months, any additional working or extension made since the previous survey was effected shall be surveyed and delineated on the plans, and no such working shall be filled up or allowed to fall into disrepair before it has been so surveyed and delineated.

(2) Where a mine plan is updated, the manager shall furnish to the Assistant Director certified copies of such plan showing thereon the workings carried out since the last plan was submitted.

(3) A certified copy of such plant shall be kept by the Assistant Director in his office and no copy or tracing thereof shall be furnished, or information in relation thereto given, nor shall such plans be open to inspection unless the permission of the Assistant Director has been obtained.

17 PART III REGULATION OF EXPLORATION AND MINING-17. Record books on operations.

(1) The manager of a mine shall keep record books, in such form and containing such information as may be prescribed, concerning the operation of the mine.

(2) The record books shall be-

(a) kept solely for the purpose of entering the reports and records required under this Act;

(b) available at all reasonable times for the examination of any mines officer; and

(c) kept up to date and in good order and condition.

(3) Whenever a mines officer has inspected a mine or any works accessory thereto, he shall enter in a record book a summary of his inspection and any requirement that may be necessary.

(4) Notwithstanding anything contained in or omitted from the report of the mines officer, such report shall not be held to limit the responsibility of the holder of a proprietary mining licence or mining lease or manager under this Act.

(5) Nothing in t

18 PART III REGULATION OF EXPLORATION AND MINING-18. Effluent water.

(1) Any holder of a proprietary mining licence or mining lease or manager who uses water in connection with mining shall take such measures as to ensure that the water so used shall, before it leaves the mine or waste retention area in which it has been used, comply with such water quality standards as may be prescribed and where such standards have not been prescribed such water shall be reasonably free of solid matter and from chemicals and other substances deleterious to human, animal or vegetable life.

(2) The Assistant Director shall, on receipt of a complaint made in writing describing the failure on the part of any person to comply with the provisions of subsection (1), inquire into the matter of such complaint, and may at any time order such person complained of to-

(a) undertake the necessary measures to ensure that water quality standards are complied with; or

(b) suspend mining until suc

19 PART III REGULATION OF EXPLORATION AND MINING-19. Erosion.

(1) Every person who undertakes fossicking, panning, exploration or mining shall take such measures as are reasonable to prevent or minimise the erosion of the land which is the subject of the mineral tenement and the effects thereof.

(2) Whenever directed by the Assistant Director, every holder of a mineral tenement and his manager shall provide and maintain such retention works or other place as are necessary and adequate to prevent the products of erosion from being discharged into any river or drainage system.

20 PART III REGULATION OF EXPLORATION AND MINING-20. Mine abandonment.

(1) Before any mining operations is abandoned or discontinued, a written notice shall be given three months before such intended abandonment or discontinuance by the holder or a proprietary mining licence or mining lease or manager to the Assistant Director and to the Director General of Geological Survey.

(2) Where any mine is to be abandoned, the holder of the proprietary mining licence or mining lease or manager shall cause to be made an accurate plan, to the satisfaction of the Director, showing the workings of such mine up to the time of abandonment and copies of such plan shall be submitted to the Director and the Director General of Geological Survey within one month after the abandonment.

(3) Where a mine or part of a mine is to be abandoned, the holder of a proprietary mining licence or mining lease or manager shall securely fence or cover every mine shaft or adit and the holder of such licence or lease and the manager shall co

21 PART IV CCIDENT AND INQUIRY-21. Proceedings upon accident and dangerous occurrence.

(1) Where-

(a) any accident resulting in loss of life or serious bodily injury to any person; or

(b) any accident resulting in damage to any property,

has taken place in connection with any work incidental to or connected with a mineral tenement, the manager, any other person in charge of the mine or the holder of the mineral tenement shall forthwith report in writing to the Assistant Director the facts of the matter as far as they are known.

(2) The Assistant Director shall-

(a) proceed to visit the place where such accident has taken place;

(b) order all workings to cease operation as soon as possible;

(c) make an investigation of the circumstances and record the findings of such investigation; and

(d) send immediately a report of such investigation to the Director.

(3) The

22 PART IV CCIDENT AND INQUIRY-22. Procedure for inquiry.

(1) Where the Director General decides to hold an inquiry, he shall appoint a mines officer and if necessary any person possessing legal or special knowledge to assist him in such inquiry.

(2) The mines officer may open the inquiry or any part of the inquiry to the public and shall conduct it in such manner as he considers most effective for ascertaining the cause of the accident and he shall subsequently submit a report of the inquiry through the Director General to the Minister.

(3) In conducting the inquiry, the mines officer shall have the following powers:

(a) to procure and receive all evidence, written or oral, and to examine any person as witness as the mines officer deems necessary or desirable to procure or examine;

(b) to require the evidence, written or oral, of any witness to be made on oath or affirmation (such oath or affirmation to be that which could be required of the witn

23 PART V ENFORCEMENT, INVESTIGATION, EVIDENCE, OFFENCES AND PENALTIES-23. Enforcement by mines officer.

A mines officer may for the purpose of enforcing this Act-

(a) call for and examine any book, document, instrument or record and make copies of or take extracts from such book, document, instrument or record which is in the custody or control of any person pertaining to any matter under this Act;

(b) visit, enter, inspect and examine with or without previous notice any fossicking panning, exploration or storage facility area or mine or mineral processing plant at any time but shall not unnecessarily obstruct or impede any work therein;

(c) investigate in respect of any fossicking, panning, exploration or storage facility area or mine or mineral processing plant concerning-

(i) the state and condition of any such area or plant;

(ii) any accident or dangerous occurrence;

(iii) any matter or thing connected with or related to the safety or health of any pe

24 PART V ENFORCEMENT, INVESTIGATION, EVIDENCE, OFFENCES AND PENALTIES-24. Power of investigation.

(1) Any mines officer shall have the power to investigate the commission of any offence under this Act.

(2) Every person required by a mines officer to give information or produce any document or other article relating to the commission of any offence which is in the person's power to give shall be legally bound to give the information or to produce the document or other article.

25 PART V ENFORCEMENT, INVESTIGATION, EVIDENCE, OFFENCES AND PENALTIES-25. Power to require attendance of person acquainted with case.

(1) A mines officer making an investigation under this Act may by order in writing require the attendance before himself of any person who appears to the mines officer to be acquainted with the facts and circumstances of the case, and such person shall attend as so required.

(2) If any such person fails to attend as so required, the mines officer may report such failure to a Magistrate who may thereupon in his discretion issue a warrant to secure the attendance of such person.

(3) A person attending as required under subsection (1) shall be entitled to be paid the reasonable travelling and subsistence expenses incurred by him and it shall be lawful for the Director General to pay such expenses.

26 PART V ENFORCEMENT, INVESTIGATION, EVIDENCE, OFFENCES AND PENALTIES-26. Power to examine person acquainted with case.

(1) A mines officer making an investigation under this Act may examine orally any person supposed to be acquainted with the facts and circumstances of the case and shall reduce into writing any statement made by the person so examined.

(2) Such person shall be bound to answer all questions relating to the case put to him by the mines officer:

Provided that such person may refuse to answer any question the answer to which would have a tendency to expose him to a criminal charge or penalty or forfeiture.

(3) A person making a statement under this section shall be legally bound to state the truth, whether or not such statement is made wholly or partly in answer to questions.

(4) The mines officer examining a person under subsection (1) shall first inform the person of the provisions of subsections (2) and (3).

(5) A statement made by any person under this section shall, whenever possible, be reduced into writing and

27 PART V ENFORCEMENT, INVESTIGATION, EVIDENCE, OFFENCES AND PENALTIES-27. Power of arrest, seizure and investigation.

(1) A mines officer may without warrant-

(a) arrest any person found committing or attempting to commit or abetting the commission of an offence under this Act; and

(b) seize any thing which he considers necessary to seize in relation to the evidence necessary to establish the commission of any such offence.

(2) A mines officer making an arrest under paragraph (1) (a) shall without unnecessary delay make over the person so arrested to the nearest police officer or, in the absence of a police officer, take such person to the nearest police station, and thereafter the person arrested as aforesaid shall be dealt with as provided by the law relating to criminal procedure for the time being in force as if he had been arrested by a police officer.

28 PART V ENFORCEMENT, INVESTIGATION, EVIDENCE, OFFENCES AND PENALTIES-28. Search with warrant.

(1) If it appears to a magistrate, upon information on oath and after such inquiry as he considers necessary, that there is reasonable cause to suspect that in any building or place or on any land there is concealed or deposited any mineral, box, trunk, receptacle, package, conveyance or thing in respect of which an offence under this Act is being or has been committed, the Magistrate may issue a warrant authorising any mines officer to whom it is directed, by day or night, with or without assistance, to enter the building, place or land and there search for and seize any such mineral, box, trunk, receptacle, package, conveyance or thing in respect of which an offence has or suspected to have been committed and any machinery, book, document or other things that is reasonably believed to furnish evidence of the commission of the offence.

(2) Any mines officer acting under subsection (1) may if it is necessary so to do-

(

29 PART V ENFORCEMENT, INVESTIGATION, EVIDENCE, OFFENCES AND PENALTIES-29. Search without warrant.

If it appears to a mines officer that there is reasonable cause to suspect that in any building or place or on any land there is concealed or deposited any mineral, box, trunk, receptacle, package, conveyance or thing in respect of which an offence under this Act is being or has been committed, and if he has reasonable grounds for believing that by reason of delay in obtaining a search warrant under section 28 such mineral, box, trunk, receptacle, package, conveyance or thing is likely to be removed or destroyed, he may exercise in, upon, and in respect of the building, place or land all the powers mentioned in section 28 in as full and ample a manner as if he was authorised to do so by warrant under that section.

30 PART V ENFORCEMENT, INVESTIGATION, EVIDENCE, OFFENCES AND PENALTIES-30. Temporary return of seized thing.

Where any thing has been seized under this Act, the Director may, at his discretion, temporarily return such thing to the owner or the person from whom such thing was seized subject to such terms and conditions as the Director may impose, and subject in any case to sufficient security being furnished to his satisfaction that such thing shall be surrendered to him on demand or be produced before a court of competent jurisdiction.

31 PART V ENFORCEMENT, INVESTIGATION, EVIDENCE, OFFENCES AND PENALTIES-31. Forfeiture of things seized.

(1) Any thing seized in exercise of any power conferred under this Act shall be liable to forfeiture.

(2) An order for the forfeiture or for the release of any thing seized in exercise of any power conferred under this Act shall be made by the court before which the prosecution with regard thereto has been held and an order for the forfeiture of the thing shall be made if it is proved to the satisfaction of the court that an offence under this Act has been committed and that the thing was the subject matter of or was used in the commission of the offence, notwithstanding that no person may have been convicted of such offence.

(3) If there is no prosecution with regard to any thing seized in exercise of any power conferred under this Act, such thing shall be taken and deemed to be forfeited at the expiration of one calendar month from the date of service of a notice to the person from whom the thing was seized indicating that there is no

32 PART V ENFORCEMENT, INVESTIGATION, EVIDENCE, OFFENCES AND PENALTIES-32. Cost of holding seized thing.

Where any thing seized under this Act is held in the custody of the Government pending completion of any proceedings in respect of an offence under this Act, the cost of holding such thing in custody shall, in the event of any person being found guilty of an offence, be a debt due to the Government by such person and shall be recoverable accordingly.

33 PART V ENFORCEMENT, INVESTIGATION, EVIDENCE, OFFENCES AND PENALTIES-33. No costs or damages arising from seizure to be recoverable.

No person shall, in any proceedings before any court in respect of the seizure of any thing seized in the exercise or the purported exercise of any power conferred under this Act, be entitled to the costs of such proceedings or to any damages or other relief unless such seizure was made without reasonable cause.

34 PART V ENFORCEMENT, INVESTIGATION, EVIDENCE, OFFENCES AND PENALTIES-34. Power to stop and search conveyance.

(1) If any mines officer has reasonable suspicion that any conveyance is carrying any thing in respect of which an offence under this Act is being or has been committed, he may stop and examine the conveyance.

(2) The person in control or in charge of the conveyance shall, if required to do so by the mines officer-

(a) stop the conveyance and allow the mines officer to examine it; and

(b) open all parts of the conveyance, including receptacles therein or thereon, for examination and take all measures necessary to enable or facilitate the carrying out of such examination as the mines officer considers necessary to make.

(3) Any person who fails or refuses to cooperate with the mines officer to stop such conveyance or conduct a search of such conveyance shall be guilty of an offence.

Chapter 2-Evidence

35 PART V ENFORCEMENT, INVESTIGATION, EVIDENCE, OFFENCES AND PENALTIES-35. Certificate as to the value of mineral or mineral product, etc.

In any proceedings under this Act a certificate signed by the Director stating-

(a) the value of any mineral or mineral product;

(b) the amount of fee, royalty, premium and other charges payable in respect of any mineral or mineral product; or

(c) the costs of repairing any damage done by an offender,

shall be prima facie evidence of such value, fee, royalty, premium, charge or cost, without proof of the signature of the Director to such certificate.

36 PART V ENFORCEMENT, INVESTIGATION, EVIDENCE, OFFENCES AND PENALTIES-36. Sample.

Any mines officer may, without payment, take a sample of any mineral as is necessary and reasonable for the examination and testing thereof and the sample so taken shall be accepted in any court, in the absence of any other evidence, as representative of the source material from which such sample has been taken.

37 PART V ENFORCEMENT, INVESTIGATION, EVIDENCE, OFFENCES AND PENALTIES-37. Certificate of analysis.

(1) In any prosecution under this Act, a certificate of analysis purporting to be under the hand of an analyst shall, on production thereof by the prosecuting officer, be sufficient evidence of the facts stated therein unless such analyst shall be required to attend as a witness-

(a) by the court; or

(b) by the accused, in which case the accused shall give notice to the prosecuting officer not less than three clear days before the commencement of the trial:

Provided always that in any case in which the prosecuting officer intends to give in evidence any such report he shall deliver a copy thereof to the accused not less than ten clear days before the commencement of the trial.

(2) In this section, "analyst" means-

(a) a person for the time being employed wholly or partly in chemical or physical analytical work relating to minerals in the Departmen

38 PART V ENFORCEMENT, INVESTIGATION, EVIDENCE, OFFENCES AND PENALTIES-38. Protection of informers.

(1) Except as hereinafter provided, no witness in any civil or criminal proceedings shall be obliged or permitted to disclose the name or address of any informer or the substance and nature of the information received from him or to state any matter which may lead to his discovery.

(2) If any books, documents or papers which are in evidence or are liable to inspection in any civil or criminal proceedings contain any entry in which any informer is named or described or which might lead to his discovery, the court shall cause all such passages to be concealed from view or to be obliterated so far only as may be necessary to protect the informer from discovery.

(3) If on trial for any offence under this Act the court after full inquiry into the case believes that the informer wilfully made in his complaint a material statement which he knew or believed to be false or did not believe to be true, or if in any other proceedings the court is o

39 PART V ENFORCEMENT, INVESTIGATION, EVIDENCE, OFFENCES AND PENALTIES-39. Various offences.

Any person who contravenes or fails to comply with the provisions of section 9, 11, 13, 14, 15, 16, 17, 18, 19 or 20 of this Act shall be guilty of an offence.

40 PART V ENFORCEMENT, INVESTIGATION, EVIDENCE, OFFENCES AND PENALTIES-40. Penalty for failure to submit or comply with operational mining scheme.

Any holder of a proprietary mining licence or mining lease who fails to submit an operational mining scheme or comply with the approved operational mining scheme shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding five years or to both.

41 PART V ENFORCEMENT, INVESTIGATION, EVIDENCE, OFFENCES AND PENALTIES-41. Offences in relation to protection of abandoned shafts, etc.

(1) Any person who wilfully damages any shaft, level, drive or excavation which has been abandoned or renders it useless by the removal of any timber, fencing, casing, lining, ladder, platform or other appliance provided in or about the same or removes any part of the mound or dump at the mouth of any shaft so as to lessen or destroy its usefulness in protecting persons or animals from falling into such shaft shall be guilty of an offence.

(2) The court may order any person convicted of an offence under this section to repair or replace at his own expense any such timber, fencing, casing, lining, ladder, platform, appliance, mound or dump which has been damaged or removed.

42 PART V ENFORCEMENT, INVESTIGATION, EVIDENCE, OFFENCES AND PENALTIES-42. Tampering with, removing, damaging or destroying any thing seized.

Any person who tampers with, removes, damages or destroys any thing seized under this Act shall be guilty of an offence.

43 PART V ENFORCEMENT, INVESTIGATION, EVIDENCE, OFFENCES AND PENALTIES-43. Penalty for failure to comply with lawful order.

Any person who fails to comply with any written order issued by a mines officer shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding forty thousand ringgit or to imprisonment for a term not exceeding two years or to both.

44 PART V ENFORCEMENT, INVESTIGATION, EVIDENCE, OFFENCES AND PENALTIES-44. Offences with respect to information.

(1) Any person who-

(a) submits false information in any application, report or other document under this Act;

(b) furnishes or causes to be furnished to any mines officer any false particular, information or statement in respect of any matter which such officer requires to be given under this Act;

(c) refuses to answer to gives a false answer to any question put to him by any mines officer for the purpose of obtaining any particular, information or statement required to be given under this Act;

(d) counterfeits, falsifies or uses when counterfeited or falsified any document required by this Act or any instrument used in the transaction of any business or matter under this Act;

(e) alters any document or instrument or counterfeits the seal, signature, initials or other marks of or used by any mines officer for the verification of any such document or instr

45 PART V ENFORCEMENT, INVESTIGATION, EVIDENCE, OFFENCES AND PENALTIES-45. Disappearance or destruction of any thing seized.

Any person who causes the disappearance or destruction of any thing to be seized under this Act with the intent to prevent the seizure thereof shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding three years or to both.

46 PART V ENFORCEMENT, INVESTIGATION, EVIDENCE, OFFENCES AND PENALTIES-46. Negligent conduct.

Any person who-

(a) when employed in or about a mine or exploration site does any act in such manner as to be likely to cause danger or damage to any person in or about such mine or exploration site or fails to take such precautions as may be necessary to ensure the safety of any person in or about such place; or

(b) unless properly authorised in that behalf removes, alters or renders ineffective any thing in or about a mine or exploration site provided for the safety, health or well-being of any person,

shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding three years or to both

47 PART V ENFORCEMENT, INVESTIGATION, EVIDENCE, OFFENCES AND PENALTIES-47. Obstruction of mines officer.

Any person who obstructs, impedes, assaults or interferes with any mines officer in the execution of his function under this Act shall be guilty of an offence.

48 PART V ENFORCEMENT, INVESTIGATION, EVIDENCE, OFFENCES AND PENALTIES-48. Use of confidential information.

Any person who makes use of any confidential information in contravention of section 58 or 59 shall be guilty or an offence and shall, on conviction, be liable to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding five years or to both.

49 PART V ENFORCEMENT, INVESTIGATION, EVIDENCE, OFFENCES AND PENALTIES-49. Abuse of power.

Any person who, in purported exercise of the powers under this Act, vexatiously and unnecessarily seizes or detains any mineral, mineral product, conveyance, equipment, book, document, or other thing shall be guilty of an offence.

50 PART V ENFORCEMENT, INVESTIGATION, EVIDENCE, OFFENCES AND PENALTIES-50. Attempt and abetment.

Any person who attempts to commit any offence under this Act or abets the commission of any offence under this Act shall be guilty of such offence and shall be liable to the penalty provided for the offence.

51 PART V ENFORCEMENT, INVESTIGATION, EVIDENCE, OFFENCES AND PENALTIES-51. Offences committed by body corporate.

Where a person charged with an offence under this Act is a body corporate, every person who, at the time of the commission of such offence, is a managing director, manager or other similar officer of such body corporate, may be charged jointly in the same proceedings with the body corporate, and where the body corporate is convicted of the offence charged, every such managing director, manager or officer shall be deemed to be guilty of the offence unless he proves that the offence was committed without his knowledge or that he took reasonable precautions to prevent its commission.

52 PART V ENFORCEMENT, INVESTIGATION, EVIDENCE, OFFENCES AND PENALTIES-52. Offences committed by partner, agent or servant.

Any person who would have been liable to any penalty under this Act for anything done or omitted if the thing had been done or omitted by him personally shall be liable to the same penalty if the thing has been done or omitted by his partner, agent or servant unless he proves that he took reasonable precautions to prevent the doing or omission of that thing.

53 PART V ENFORCEMENT, INVESTIGATION, EVIDENCE, OFFENCES AND PENALTIES-53. Penalty for continuing offences.

Any person who commits an offence under this Act shall, in the case of a continuing offence, be liable, in addition to any fine provided under this Act, to a further fine of two thousand ringgit for every day or part of a day during which the offence continues after conviction.

[Subs. Act A1327]

54 PART V ENFORCEMENT, INVESTIGATION, EVIDENCE, OFFENCES AND PENALTIES-54. General penalty.

Any person who is guilty of an offence under this Act for which no penalty is expressly provided shall, on conviction, be liable to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding three years or to both.

55 PART V ENFORCEMENT, INVESTIGATION, EVIDENCE, OFFENCES AND PENALTIES-55. Compounding of offences.

(1) The Director General or the Deputy Director General may with the consent in writing of the Public Prosecutor, compound any offence committed by any person under this Act or any regulations made under this Act, which is prescribed to be a compoundable offence, by making a written offer to such person to compound the offence upon payment to the Director General or the Deputy Director General such amount not exceeding fifty per centum of the amount of maximum fine for that offence within such time as may be specified in the offer.

[Am. Act A1327]

(2) An offer under subsection (1) may be made at any time after the offence has been committed, but before any prosecution for it has been instituted, and where the amount specified in the offer is not paid within the time specified in the offer or within such extended period as the Director General or the Deputy Director General may grant, prosecution for the offence ma

56 PART V ENFORCEMENT, INVESTIGATION, EVIDENCE, OFFENCES AND PENALTIES-56. Institution of proceedings and conduct of prosecution.

(1) No proceedings for, or in relation to, any offence under this Act shall be instituted without the written consent of the Public Prosecutor.

(2) Any mines officer authorised in writing by the Public Prosecutor may conduct the prosecution for any offence under this Act.

57 PART V ENFORCEMENT, INVESTIGATION, EVIDENCE, OFFENCES AND PENALTIES-57. Recovery of money due to Government.

Any money payable to the Government under this Act may be recovered by the Government by civil proceedings as a debt due to the Government.

58 PART VI MISCELLANEOUS-58. Prohibition against disclosure of information.

(1) Subject to subsection (4), no information contained in any report submitted as required by any office or officer of the Government regarding any prospecting licence or exploration licence shall be disclosed by such office or officer-

(a) for a period of three years from the date of submission of the report; or

(b) for a period of one year from the date of expiry of the licence,

whichever period shall so first expire, except with the written consent of the holder of the prospecting licence or exploration licence.

(2) Subject to subsection (4), no information contained in any report submitted as required by any office or officer of the Government regarding any proprietary mining licence or mining lease shall be disclosed by such office or officer for a period of one year from the date of expiry of the licence or lease except with the written consent of the holder of such pro

59 PART VI MISCELLANEOUS-59. Prohibition on abuse of information obtained in official capacity.

(1) Any mines officer responsible for the administration of this Act who has any information which if generally known might reasonably be expected to affect materially an exploration or mining activity which-

(a) he holds by virtue of his official capacity or former official capacity; and

(b) it would be reasonable to expect a person in his official capacity or former official capacity not to disclose except for the proper performance of the functions attached to that official capacity, shall not make improper use of such information to gain, directly or indirectly, an advantage for himself or for any other person.

60 PART VI MISCELLANEOUS-60. Authority card.

(1) Every mines officer empowered to act under this Act shall, on request, declare his office and produce to the person against whom the mines officer is acting or from whom the mines officer seeks any information his authority card as is officially issued to him by the Director General.

(2) Any person may refuse to comply with any request, demand or order by any mines officer acting under this Act if the mines officer refuses to declare his office and produce his authority card on demand being made by such person.

61 PART VI MISCELLANEOUS-61. Protection of officers.

No mines officer responsible for the administration of this Act shall incur any personal liability for any loss or damage caused by any act or omission by him in carrying out the duties under this Act or any regulations made thereunder unless the loss or damage was occasioned intentionally or through recklessness or gross negligence.

62 PART VI MISCELLANEOUS-62. Service of notice.

(1) Any notice required to be given or served under this Act may, unless some other form of service is prescribed, be sent by registered post to the person affected thereby.

(2) Where a notice is served by registered post, it shall be deemed to have been served on the day succeeding the day on which the notice would have been received, in the ordinary course of post, if the notice is addressed-

(a) in the case of a company incorporated in Malaysia, to the registered office of the company;

(b) in the case of company incorporated outside Malaysia, either to the individual authorised to accept service of process under the Companies Act 1965, at the address filed with the Registrar of Companies or to the registered office of the company, wherever it may be situated;

(c) in the case of an individual or a body or persons, to the last known business or private address of such individual o

63 PART VII REGULATIONS-63. Regulations.

(1) The Minister may make regulations in respect of any matter which may be prescribed under this Act.

(2) In particular and without prejudice to the generality of subsection (1), such regulations may-

(a) subject to the rights of the holder of a mineral tenement, determine certain minerals and mineral ores to be subjected to licensing requirements for possession, purchase, sale, movement, transport, storage and mineral processing;

(b) Control and regulate the production, possession, purchase, sale, delivery and export of minerals and mineral ores in order to meet the obligations imposed by international organizations of which Malaysia is a member, without prejudice however to the provisions of any other written law on the matter;

(c) prescribe environmental protection measures, effluent standards, noise standards, vibration standards and other standards and means to protect the en

64 PART VIII TRANSITIONAL AND SAVING PROVISIONS, ETC.-64. Transitional and saving provisions.

(1) Any person who, immediately before the date of commencement of this Act, was holding any office to which appointments may be made under this Act shall continue in that office and be deemed for the purposes of this Act to have been so appointed.

(2) Noting in this Act shall affect the previous operation of, or anything done under, any previous law so far as they relate to the inspection and regulation of the exploration and mining of minerals or mineral ores and other matters connected therewith;

Provided that any right, liberty, privilege, obligation or liability existing at the commencement of this Act by virtue of any such law shall be subject to the provisions of this Act.

65 PART VIII TRANSITIONAL AND SAVING PROVISIONS, ETC.-65. Conflict of laws.

In the event of any conflict or inconsistency between the provisions of this Act and the provisions of any written law, the provisions of this Act shall prevail and the provisions of such written law shall, to the extent of such conflict or inconsistency, be void.