Requirement for class licence
(1) Subject to section 22, no person shall—
(a) own a private water supply system or private sewerage system or any part of the systems; or
(b) undertake, provide or make available any water supply services or sewerage services or part of the services by means of operating a private water supply system or private sewerage system,
unless he holds a class licence granted under this Act.
(2) Notwithstanding subsection (1), an individual licensee is not required to apply for a class licence for the activities specified in subsection (1) within its water supply distribution area or sewerage services area if the terms of the individual licence authorizes the individual licensee to carry out any such activities.
(3) A class licensee shall not provide any of the licensed activities referred to in subsection (1) except in accordance with the conditions of the class licence granted to the class licensee.
(4) A person who contravenes subsection (1) commits an offence and shall, on conviction, be liable to a fine not exceeding two hundred thousand ringgit or to imprisonment for a term not exceeding two years or to both.
Restrictions imposed on class licensee
(1) A class licensee who owns a private water supply system or any part of the system or supplies water for its own private use, or its, tenants’, occupiers’, guests’ or invitees’ private use, within its premises shall—
(a) be prohibited from leasing, licensing or permitting any other person from using its private water supply system or a part of the system for the purposes of supplying water to the public; or
(b) not engage in any trade or business of supplying water to the public,
unless it is licensed to do so under this Act.
(2) A class licensee who owns a private sewerage system or any part of the system or provides sewerage services for the sole purpose of collecting, conveying, treating and disposing sewage by means of a private sewerage system shall—
(a) be prohibited from leasing, licensing or permitting any other person from using its private sewerage system or a part of the system for the purposes of providing sewerage services to the public; or
(b) not engage in any trade or business of providing sewerage services to the public,
unless it is licensed to do so under this Act.
(3) A class licensee who contravenes subsection (1) or (2) commits 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 one year or to both.
Power to exempt from requirement for class licence
(1) The Minister may, upon the recommendation of the Commission, by order published in the Gazette, exempt a person from the licensing requirements under section 20 subject to such terms and conditions as the Minister thinks fit.
(2) A person who is exempted from the licensing requirements under subsection (1) shall comply with the duties and obligations of a licensee as if the person is a class licensee under this Act unless otherwise specified in the exemption order.
Exemption from duties or obligations
(1) A class licensee who —
(a) owns a private water supply system or a private sewerage system or any part of the systems or supplies water for its own private use or its tenants, occupiers, guests or invitees’ private use within its premises; or
(b) owns a private sewerage system or any part of the system or provides sewerage services for the sole purpose of collecting, conveying, treating and disposing sewage by means of a private sewerage system,
shall be exempted from the duties or obligations under sections 30, 31, 32, 33, 44, 47 and 48.
(2) A class licensee referred to in subsection (1) shall comply with all other requirements under this Act and its subsidiary legislation unless otherwise expressly exempted.
Approval for class licence
(1) The Minister may, upon the recommendation of the Commission, approve a class licence in respect of any matter requiring a class licence under this Act.
(2) The Minister shall give a copy of all class licences approved under subsection (1) to the Commission as soon as practicable and the Commission shall register the class licences.
Application for class licence and registration
(1) A person who intends to operate under a class licence shall register with the Commission by submitting a registration notice and the prescribed fees to the Commission.
(2) A class licence registered by the Commission shall—
(a) include all class licence conditions as may be prescribed; and
(b) be subject to such other conditions as may be imposed by the Minister from time to time.
(3) No person shall operate under any class licence unless the person is duly registered under this section by the Commission.
(4) The registration of a class licence is personal to the class licensee.
Compliance with conditions of class licence
(1) A class licensee shall comply with—
(a) the prescribed conditions of the class licence; and
(b) such other conditions as may be imposed by the Minister from time to time.
(2) A class licensee who fails to comply with any of the conditions of the class licence referred to in subsection (1) commits an offence and shall, on conviction, be liable to a fine not exceeding two hundred thousand ringgit or to imprisonment for a term not exceeding two years or to both.
De-registration of class licensee
(1) The Commission may de-register a class licensee in any of the following circumstances:
(a) the class licensee has failed to comply with any provisions of this Act or its subsidiary legislation;
(b) the class licensee has failed to comply with any of the conditions of the class licence;
(c) the class licensee had improperly or illegally obtained the class licence;
(d) a receiver, receiver and manager, provisional liquidator or like official has been appointed over the whole or substantial part of the class licensee’s assets and such appointment is not revoked or annulled within a period of sixty days from the date of such appointment;
(e) there has been any act or default or change of circumstances such that the class licensee would no longer be entitled to be registered as a class licensee under this Act; or
(f) the de-registration of the class licensee is in the public interest.
(2) Before making a decision under subsection (1), the Commission shall give the class licensee—
(a) a written notice of its decision to de-register the class licensee; and
(b) an opportunity to make written submissions within a period specified in the written notice which shall not be less than thirty days.
(3) After the expiry of the period specified in the notice, the Commission shall, after considering any written submissions made by the class licensee, decide whether or not to de-register the class licensee.
(4) The Commission shall give the class licensee a written notice of its decision under subsection (3) as soon as practicable and the de-registration of the class licensee shall take effect on the date specified in the written notice.
(5) The class licensee who has been de-registered under subsection
(3) shall cease all activities for which its class licence relates.
Register of class licence
The Commission shall maintain a register, in accordance with section 176, which shall be made available to the public, of—
(a) all class licences approved by the Minister and registered;
(b) all class licensees registered by the Commission;
(c) any exemption orders to licensing requirements granted by the Minister; and
(d) all decisions of the Commission to de-register a class licensee.
Source: Laws of Malaysia, Attorney General's Chambers of Malaysia (lom.agc.gov.my). Not a copy of the Gazette printed by the Government Printer (Interpretation Acts 1948 and 1967, s 61).
