General penalty
Open ↗(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.
(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.
Offences by bodies of persons and by servants and agents
Open ↗Where an offence against this Act or against any regulations made thereunder has been committed by a company, firm, society or other body of persons, any person who at the time of the commission of the offence was a director, manager, secretary or other similar officer or a partner of the company, firm, society or other body of persons or was purporting to act in such capacity shall be deemed to be guilty of that offence unless he proves that the offence was committed without his consent or connivance and that he exercised all such diligence to prevent the commission of such an offence as he ought to have exercised, having regard to the nature of his functions in that capacity and to all the circumstances.
Who may prosecute
Open ↗Prosecutions in respect of offences committed under this Act or any regulations made thereunder may be conducted by the Director General or by a Geological Survey Officer specially authorized in writing in that behalf by the Director General.
Action of officers as offence
Open ↗Nothing done in good faith by any officer of any Government in the Federation acting in the course of his duties shall be an offence against this Act or any regulations made thereunder.
Regulations
Open ↗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.
LAWS OF MALAYSIA
