JUDGMENT

Introduction

[1] This is an appeal against the judgment of the Court of Appeal that reversed the judgment of the High Court.

[2] This appeal concerns the question of whether a provision in a statute is prohibitory or regulatory in character.

Background Facts

[3] The factual background leading to this appeal is quite simple and straightforward. We will only highlight very briefly the pertinent undisputed facts insofar as they are relevant to the issues that arise for decision in this appeal before us.

[4] Majlis Perbandaran Seberang Perai ("the respondent") is the Local Authority for the Seberang Perai municipal area.

[5] At all material times, Weng Lee Granite Quarry Sdn Bhd ("the appellant") was a granite quarry operator and the registered owner of pieces of land in the Seberang Perai municipal area ("the subject lands") on which lands it carried out quarry activities that involved mining operations and the removal of rock materials beyond the boundaries of the subject lands.