Summary of Environmental Quality Act 1974

1. Legislation is related to the prevention, abatement, control of pollution and enhancement of the environment

2. Industrial activities are required to obtain the following approvals from the Director General of Environmental Quality:

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EIA reports (for prescribed activities);

bulletSite suitability evaluation (for non-prescribed activities);
bulletWritten permission to construct;
bulletWritten approval for installation of incinerator, fuel burning equipment and chimney;
bulletLicense to use and occupy (for prescribed premises)

 

3. Prescribed premises (CPO mill, natural rubber processing mill, treatment and disposal of scheduled waste):

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must obtain license to occupy and use;

bulletprescribe a vehicle or ship used in the movement of waste (called prescribe conveyance);
bulletfine for non-compliance is max. RM50k or jail up to 2 years or both;
bulletprior written permission to construct building or work on vehicle must be obtained;
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plans for buildings must be submitted for approval to the DG.

4. The Minister may specify conditions for emission, discharge or deposit of environmentally hazardous substances, pollutants or wastes or the emission of noise into any area, segment or element of the environment

5. Penalty for atmospheric pollution is max. RM100k or jail term of up to 5 years or both

6. Penalty for noise pollution is max. RM100k or jail term of up to 5 years or both

7. A person is deem to have pollute any soil or surface of land if:

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places in or on any soil or in any place where it may gain access to soil any matter whether liquid, solid or gaseous;

bulletestablish a refuse dump, garbage tip, soil and rock disposal site, sludge deposit site, waste injection well for disposal of solid or liquid waste so as to be obnoxious or offensive to human beings or interfere with underground water or detrimental to soil;
bulletPenalty is max. RM100k or jail term of up to 5 years or both;

 

8. A person is deem to have pollute any inland waters if:

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places waste in or on any waters or in any place where it may gain access to water;

bulletplaces any waste in a position where it can gain access to water;
bulletcauses the temperature of the receiving waters to be raised or lowered by more than the prescribed limits;
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Penalty is max. RM100k or jail term of up to 5 years or both

9. Penalty for discharge of oil in Malaysian waters exceeding acceptable conditions is max. RM500k or jail term of up to 5 years or both

10. Penalty for discharge of environmentally hazardous substances, pollutants or waste in Malaysian waters exceeding acceptable conditions is max. RM500k or jail term of up to 5 years or both

11. Minister may prohibit the use of any material or equipment for process, trade or industry

12. Minister may prescribe any substance as environmentally hazardous substance and control its use and management

13. Minister may specify guidelines and procedures on deposit and rebate schemes in connection with the disposal of products that are considered environmentally unfriendly or causing adverse constraint on the environment

14. The DG, to control the emission of environmentally hazardous substances, pollutants or waste, has the power to direct the owner:

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to install, operate, repair, replace control equipment;

bulleterect or increase height of chimney;
bulletmeasure or sample pollutants;
bulletconduct study of environmental risk;
bulletinstall, maintain and operate monitoring programme;
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adopt measures to reduce or remove pollution.

15. Any person who contravenes the notice issued in item 14 is liable to a fine of RM25k or jail up to 2 years or both

16. The Minister may direct the DG to issue an order to the occupier to cease all acts that cause the pollution

17. Any person who contravenes item 16 is liable to a fine of RM50k or jail up to 2 years or both

18. The DG may direct the occupier of a premises, even if is not a prescribed premise, or ship or vehicle to conduct an environmental audit

19. For prescribed activities EIA report to the DG must be submitted before approval is given by the relevant approving activity

20. Prior written approval of the DG is required:

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to place, deposit or dispose of scheduled waste except at prescribed premises;

bulletreceive or send scheduled waste in or out of Malaysia;
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transit any scheduled waste;

21. Any person who is aggrieved by the conditions set by the DG on his EIA submission may appeal to the Appeal Board

22. For the purpose of conducting, promoting or co-ordinating research, the Minister may impose a cess or set up an Environmental Fund on waste generated

23. The DG may issue notices to occupier of premises or vehicle or ship or aircraft to furnish information on the equipment or products handled

24. The DG or an authorised officer may stop, board, search, enter a premise, ship, vehicle, aircraft

25. The DG or an authorised officer may examine a person in order to carry out investigation

26. Any vehicle or ship used in transportation of waste that is unapproved can be seized by the DG and forfeited and sold after judgement

27. DG may recover cost from the person responsible for the pollution to mitigate the pollution

Summarised by:  SKC Cemerlang Technical Sdn Bhd, Malaysia (E-mail: enquiry@skcct.com

Disclaimer:- The authors do not guarantee the correctness of the information above. Please refer to the original Act or Regulations or Order. Reference: Malaysian EQA, EQ Act 1974, Dept. DOE / JAS

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