Quarry operator fined RM100,000 for illegal sand extraction in Raub

New Straits Times

2 days ago

RAUB: A quarry operator has been fined RM100,000 by the Sessions Court here after pleading guilty to the unlawful extraction of sand from government land near Sungai Ara, Mukim Gali, two years ago.
Chang Chee Onn, 67, entered the plea before Judge Noor Zaihan Mohamad Ali, who also ordered six months' imprisonment should he fail to pay the fine.
The court further ordered the forfeiture of two tipper lorries and an excavator seized at the scene.
According to the charge sheet, Chang unlawfully extracted rock material — namely sand — from state government land at Sungai Ara at 2.45pm on Dec 9, 2023. The offence, framed under Section 426(1) of the National Land Code 1965, carries a maximum penalty of RM500,000, up to five years' imprisonment, or both.
Under Section 426C(3) of the same Act, the court may order the forfeiture of any seized equipment if it is satisfied that an offence under Section 426 has been committed.
Prosecuting officer Muhammad Taqiuddin Azizan from the Pahang Enforcement Unit (UPNP) led the prosecution. Chang was unrepresented.
In mitigation, Chang told the court he had no fixed income and was the sole breadwinner for his wife and child.
Taqiuddin urged the court to impose a deterrent sentence, citing the gravity of the offence and the fact that Chang had encroached onto government land.
"The Pahang government suffered financial losses and received no royalties from the extraction of mineral resources, which would otherwise have been collected through licensed sand mining," he said, adding that the prosecution also sought forfeiture of all vehicles seized during the raid.
Noor Zaihan imposed the RM100,000 fine with a default sentence of six months' imprisonment and allowed the prosecution's application to forfeit the seized vehicles. Chang later paid the fine.
According to the facts of the case, UPNP officers arrived at the location to find Chang directing his workers to carry out sand extraction outside the permitted area. The lorry drivers and the excavator operator fled the scene.