Although the law gives substantial powers to SPAN to investigate, it does not provide it the power to arrest suspected offenders. FMTNews Pollution
Mariam’s unhappiness with the Selayang Municipal Council is understandable. But, perhaps outraged and angered at the pollution of Sungai Gong, we may have overlooked the fact that the primary piece of legislation giving executive authority for the management and protection of public water supply is a federal law called the Water Services Industry Act 2006 .
This covers 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 would likely endanger the life of any person.Upon conviction, the offender faces a death sentence or imprisonment of 20 years and whipping if not sentenced to death where death is the result of the offence.
Now, Act 655 gives substantial powers to SPAN to investigate, search and enter premises to carry out its functions in relation to the Act. This means the MACC investigating officers may arrest a suspect without warrant. But no offence under the MACC Act carries a death penalty, unlike under Act 655. Which is why the power to arrest has to be provided for in Act 655, as well as in the main law on environmental protection, namely the Environmental Quality Act 1974 , which does not also provide the power to arrest.
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