/akn/my/act/amendment_act/2025/A1744

AKTA INDUSTRI PERKHIDMATAN AIR (PINDAAN) 2025

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Preamble

An Act to amend the Water Services Industry Act 2006.

[

]

WHEREAS it is expedient to amend the written law relating to control and regulation of water supply services and sewerage services throughout Peninsular Malaysia and the Federal Territory of 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 Peninsular Malaysia and the Federal Territory of Labuan:

NOW, THEREFORE, in accordance with Clause (1) of Article 74

and Clause (2) of Article 80 of the Federal Constitution,

IT IS ENACTED by the Parliament of Malaysia as follows:

Short title and commencement

Section 1

This Act may be cited as the Water Services Industry

(Amendment)

Act 2025.

Laws of Malaysia 4

(2

) This Act comes into operation on a date to be appointed by the Minister by notification in the Gazette.

Amendment of section 2

Section 2

The Water Services Industry Act 2006 [Act 655], which is referred to as the “principal Act”...

Amendment of section 61

Section 3

Section 61 of the principal Act is amended—

(a)

in the shoulder note, by deleting the word “public”;

(b)

in subsection (1), by deleting the word “public” wherever appearing;

(c)

by inserting after subsection (1) the following subsection:

“(1a) No person shall discharge into or allow to be discharged into any septic tank any prohibited effluent or any other matter likely to damage or impair the function of the septic tank or cause disturbance to the sewerage services.”; and

(d)

in subsection (2)—

(i)

by inserting after the words “subsection (1)”

the words “or (1a)”;

(ii)

by substituting for the words “one hundred thousand” the words “one million”; and

(iii)

by substituting for the words “one year”

the words “ten years”.

Water Services Industry (Amendment)

Amendment of section 86

Section 4

Subsection 86(1) of the principal Act is amended in the national language text by inserting...

“pemegang lesen” the word “perkhidmatan”.

Amendment of section 110

Section 5

Section 110 of the principal Act is amended in the national language text—

(a)

in paragraph (7)(b), by inserting after the words

“sebagaimana yang diperuntukkan di bawah”

the words “Ordinan Tanah Sabah sebagaimana yang diubah suai oleh”; and

(b)

in subsection (8), by substituting for the words

“subseksyen (1)” the words “subseksyen (3)”.

Amendment of section 121

Section 6

Section 121 of the principal Act is amended—

(a)

by inserting after subsection (1) the following subsection:

“(1a) A person who contaminates or causes to be contaminated any watercourse or the water supply system or any part of the watercourse or water supply system with any substance which causes or would likely cause temporary cessation or closure of water supply system or disruption of water supply, commits an offence.”;

(b)

in subsection (2)—

(i)

by inserting after the words “subsection (1)”

the words “or (1a)”;

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(ii)

in paragraph (b), by substituting for the words

“ten years or to a fine not exceeding five hundred thousand ringgit” the words “fifteen years or to a fine not less than five hundred thousand ringgit and not exceeding fifteen million ringgit”; and

(iii)

in paragraph (c), by substituting for the words

“not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding one year or to both” the words “not less than two hundred thousand ringgit and not exceeding ten million ringgit or to imprisonment for a term not exceeding ten years or to both”; and

(c)

by inserting after subsection (2) the following subsections:

“(2a) A person who is convicted for an offence under subsection (1) or (1a), shall be liable to pay the costs borne by a licensee to restore the water supply system that has been affected due to the contamination.

(2b

) The court shall, in making an order under subsection (2a), take into consideration the following factors:

(a)

the effect of the contamination;

(b)

the costs borne by the licensee;

(c)

the damage to, or the loss of, the property suffered by the licensee; and

(d)

any other factor deemed relevant by the court.

(2c

) For the purpose of making an order under subsection (2a), the court may hold an inquiry as the court thinks fit.

(2d

) Section 432 of the Criminal Procedure Code

[Act 593] shall be applicable to any order made under this section.”.

Water Services Industry (Amendment)

Amendment of section 122

Section 7

Subsection 122(1) of the principal Act is amended—

(a)

in paragraph (c), by deleting the word “or” at the end of the paragraph;

(b)

by inserting after paragraph (c) the following paragraph:

“(ca) discharges or throws any waste, sewage, effluent, creature, dead or alive, matter or substance, into any manhole; or”; and

(c)

by substituting—

(i)

for the words “fifty thousand” the words

“one million”; and

(ii)

for the words “six months” the words “ten years”.

Amendment of section 123

Section 8

Subsection 123(3) of the principal Act is amended—

(a)

by substituting for the words “one hundred thousand”

the words “one million”; and

(b)

by substituting for the words “one year” the words

“ten years”.

Amendment of section 148

Section 9

Subsection 148(2) of the principal Act is amended by deleting the words “[Act 593]”.

Amendment of section 165

Section 10

Subsection 165(1) of the principal Act is amended in the national language text by insertin...

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Amendment of section 173

Section 11

Subsection 173(1) of the principal Act is amended in the national language text by substitu...

the word “dan”.

Amendment of section 174

Section 12

Paragraph 174(1)(a) of the principal Act is amended in the English language text by inserti...

a comma.

Amendment of section 180

Section 13

Subparagraph 180(a)(iv) of the principal Act is amended in the national language text by su...

the word “perkhidmatan” wherever appearing.