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OFFENCES AND PENALTIES UNDER THE WATER SERVICES INDUSTRY ACT 2006 (ACT 655)
Any person who commits any of the offences stated in the table below shall
be guilty of an offence and shall, on conviction, (as indicated below)
be liable to the penalty stated.
| No. |
Type of Offences |
Penalty |
| 1. |
Section 121 – Contamination of Water
(1) A person who willfully 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 –
(a) with the intention to cause death;
(b) with the knowledge that he is likely to cause death; or
(c) which would likely endanger the life of any person.
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Where death is the result of the act, the person found guilty shall be punished with death or imprisonment for a term which may extend to 20 years, and where the punishment is not death, he shall also be liable to whipping. In any other case, he shall be liable to a maximum fine of RM100,000.00 or to maximum imprisonment of 1 year or to both.
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| 2. |
Section 122 – Wrongful Acts
A person who -
(a) willfully, negligently or recklessly damages or causes to be damaged any pipe, channel, conduit or structure, sewer, manhole, chamber, fixture, equipment, reservoir, cistern, pump, hydrant, valve, meter, sub-meter or any part of any public water supply system or public sewerage system;
(b) flushes, draws off, diverts or takes water from any public water supply system or part of the system, unless the person is otherwise permitted under this Act or any other written law;
(c) bathes, wastes or throws any rubbish or creature, dead or alive, into any public water system or part of the system; or
(d) trespasses on any area of a service reservoir or booster station of a public water supply system or on any area of a sewage pumping station or sewage treatment works of a public sewerage system,
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Maximum fine of fifty thousand ringgit
(RM 50,000.00)
or
maximum imprisonment of 6 months or to both.
A person convicted of the offence is also liable to pay compensation for such damage and such compensation shall be recoverable from such person by the licensee through civil action.
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| 3. |
Section 123 – Unlawful Connection of Water Supply
(1) No person other than a licensee shall make any connection to a public mains or service water pipe.
(2) Where a service water pipe to any premises has been unlawfully connected to a public main or to another service water pipe serving another premises, it shall be presumed until the contrary is proved that the unlawful connection was made by the owner or the occupier of the first-mentioned premises.
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Maximum fine of two hundred and RM 100,000.00
or
maximum imprisonment of 1 year
or both. |
| 4. |
Section 124 – Tampering with meter or sub-meter
A person who tampers with a meter or sub-meter or causes the tampering of a meter or sub-meter used for the measurement of water supplied to any premises in such a manner so as to cause the meter or sub-meter to show incorrect readings.
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Maximum fine of RM50,000.00 or maximum imprisonment of 6 months or both
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| 5. |
Section 125 – Tampering of water supply system or sewerage system or part of the systems
A person who tampers with any pipe, channel, conduit or structure, sewer, manhole, chamber, fixture and equipment, including any valve, hydrant or any part of a water supply system or sewerage system.
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Maximum fine of RM50,000.00 or maximum imprisonment of 6 months or both
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| 6. |
Section 126 – Taking of water from fire hydrant
No person other than the Fire and Rescue Services Department or any person authorized by SPAN or any person authorized under any written law to take water for extinguishing fires may take water from a fire hydrant.
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Maximum fine of RM50,000.00 or maximum imprisonment of 6 months or both
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