ENVIRONMENTAL QUALITY ACT 1974

1 PART I PRELIMINARY-1. Short title, application and commencement.

(1) This Act may be cited as the Environmental Quality Act, 1974 and shall apply to the whole of Malaysia.

(2) This Act shall come into force on such date as the Minister may appoint by a notification in the Gazette and the Minister may appoint different dates for the coming into force of different provisions of this Act and may bring all or any provisions thereof into force either in the whole of Malaysia to which the notification applies or such area as may be specified in the notification.

2 PART I PRELIMINARY-2. Interpretation.

In this Act, unless the context otherwise requires:

"aircraft" includes any kind of vehicle which may be used for the conveyance of passenger or goods by air;

[Ins. by Act A953]

"beneficial use" means a use of the environment or any element or segment of the environment that is conducive to public health, welfare or safety and which requires protection from the effects of wastes, discharges, emissions and deposits;

"Committee" means the Environmental Fund Committee established under section 36C;

[Ins. by Act A953]

" competent person " means a person who is competent to conduct the activities as specified in section 49A;

[Ins. by Act A1441:s.3]

"computer"
3 PART II ADMINISTRATION-3. Director General and other officers.

(1) There shall be a Director General of Environmental Quality who shall be appointed by the Minister from amongst members of the public service and whose powers, duties and functions shall be:

(a) to administer this Act and any regulations and orders made thereunder;

(b) to be responsible for and to co-ordinate all activities relating to the discharge of wastes into the environment and for preventing or controlling pollution and protecting and enhancing the quality of the environment;

(c) to recommend to the Minister the environment protection policy and classifications for the protection of any portion of the environment or any segment of the environment with respect to the uses and values, whether tangible or intangible, to be protected, the quality to be maintained, the extent to which the discharge of wastes may be permitted without detriment to the quality of the environment, long ra
4 PART II ADMINISTRATION-4. Establishment of the Environmental Quality Council.

(1) There is hereby established for the purposes of this Act a body by the name of the Environmental Quality Council whose functions shall be:

(a) generally to advise the Minister on matters pertaining to this Act; and

(b) to advise the Minister on any matter referred to it by the Minister.

"(2) The Council shall consist of the following members:

(a) a Chairman who shall be appointed by the Minister;

(b) a representative of the Minister charged with the responsibility for natural resources and environment;

(c) a representative of the Minister charged with the responsibility for science, technology and innovation;

(d) a representative of the Minister charged with the responsibility for international trade and industry;

(e) a representative of the Minister charged with the responsibility fo
5 PART II ADMINISTRATION-5. Duration of office and eligibility for re-appointment.

Every appointed member of the Council shall, unless he sooner resigns or his appointment revoked, hold office for a term not exceeding three years and shall be eligible for reappointment.

6 PART II ADMINISTRATION-6. Disqualification, resignation and vacation from office.

(1) The following persons shall be disqualified from being appointed or being members of the Council:

(a) a person who is of unsound mind or is otherwise incapable of performing his duties;

(b) a person who has been found guilty of an offence involving fraud, dishonesty or moral turpitude; and

(c) a person who is a bankrupt or who has made an arrangement with his creditors.

(2) An appointed member of the Council shall be deemed to have vacated his office:

(a) upon his death;

(b) upon his resignation;

(c) upon his failure to attend three consecutive meetings of the Council without permission from the Minister; or

(d) if he becomes disqualified under subsection (1),

and a new member shall be appointed in his place in accordance with the provisions of this Act.

7 PART II ADMINISTRATION-7. Calling of meetings, quorum, voting, procedure and minutes.

(1) The Council shall meet once during every four months of the year and shall, in addition, meet as and when convened by the Chairman.

(2) Eight members shall be a quorum at any of the meetings of the Council.

(3) If on any question to be determined by the Council there is an equality of votes, the Chairman or if the Chairman is absent the presiding member shall have a casting vote in addition to his deliberative vote.

(4) Subject to this Act, the Council shall determine its own procedure.

(5) Minutes shall be kept of all proceedings of the Council and copies thereof shall be submitted to the Minister.

(6) The Minister may invite or request a person, who is not a member of the Council, to attend any meeting of the Council for the purpose of advising it on a matter under discussion but the person so attending has no right to vote at the meeting.

[Ins. by Act A953]

8 PART II ADMINISTRATION-8. Presiding officer at meetings of the Council.

(1) The Chairman of the Council shall preside at all meetings of the Council.

(2) If, owing to absence or inability to act due to illness or any other cause, the Chairman of the Council is unable to preside at any meeting the members present shall elect one of their number to preside at that meeting.

(3) No business shall be transacted at any meeting of the Council in the absence of the Chairman until a member has been elected to preside over that meeting.

9 PART II ADMINISTRATION-9. Remuneration.

Every appointed member may be paid a sum as may be determined by the Minister in respect of his attendance at a meeting of the Council.

10 PART III LICENCES-10. Licensing authority.

The Director General shall be the licensing authority.

11 PART III LICENCES-11. Licences.

(1) An application for a licence or for any renewal or transfer thereof shall be made to the Director General in such form as may be prescribed and shall unless the Director General allows payment by instalments be accompanied by the prescribed fee.

(2) An applicant for a licence or for the renewal or transfer thereof shall furnish in writing or otherwise such information as the Director General may consider necessary and relevant to the application.

(3) The Director General:

(a) may grant any application for a licence or for a renewal or transfer thereof, either subject to conditions or unconditionally and where an application is granted subject to conditions, the conditions shall be specified in the licence to which the application relates;

(b) may during the currency of a licence revoke or vary any condition attached to the licence or attach new conditions thereto whether in addition to
12 PART III LICENCES-12. Power to attach conditions to licences.

(1) Without affecting the generality of section 11, any condition attached to a licence by the Director General:

(a) may require the holder of the licence:

(i) to repair, alter or replace any equipment in or on any premises specified in the licence;

(ii) to install and operate control equipment in or on any premises specified in the licence;

(iii) to repair, alter or replace any control equipment installed in or on any premises specified in the licence;

(iv) at his own expense, to conduct a monitoring programme designed to provide the Director General with information concerning the characteristics, quantity or effects of the emission, discharge or deposit in respect of which the licence is issued, which information recorded by such programme shall be supplied to the Director General at such time and in such manner as may be specified by the Director General; or

(v) to c
13 PART III LICENCES-13. Duration and renewal of licences.

(1) A licence shall, unless otherwise specified in the licence or in any regulations made hereunder, remain in force for a period of one year from the date of its issue and may be renewed upon application made within the time stipulated hereunder.

(2) The holder of a licence who desires to obtain a renewal of the licence shall, any time being not less than three months nor more than four months before the date of the expiration of the licence or of the subsisting renewal thereof, as the case may be, apply in such form as may be prescribed to the Director General for a renewal of the licence.

[Am. by Act A636]

(3) Any person who fails to apply for renewal within the time specified in subsection (2) shall pay a late fee of one per centum of the licence fee or ten ringgit whichever is the greater for every day of delay.

(4) Where any application for renewal is made after the expiry of the licence the
14 PART III LICENCES-14. Transfer of licences.

Where the holder of a licence ceases to be the occupier of the premises specified in the licence the occupier of those premises may apply in such form as may be prescribed, accompanied by the prescribed fee, to the Director General for approval of the transfer to him of the licence in respect of those premises.

15 PART III LICENCES-15. Register of licences.

There shall be kept such registers of licences as may be prescribed.

16 PART III LICENCES-16. Licensee to comply with licence.

(1) The holder of a licence shall comply in every respect with the terms and conditions thereof.

(2) Any holder of a licence who contravenes subsection (1) commits an offence and shall, on conviction, be liable to a fine of not less than twenty-five thousand ringgit and not exceeding two hundred and fifty thousand ringgit or to imprisonment for a term not exceeding five years or to both, and shall also be liable to a further fine of one thousand ringgit for every day during which the offence continues after a notice by the Director General requiring him to comply with such term or condition specified therein has been served on him.

[(2) Subs. by Act A1712/2024]

17 PART III LICENCES-17. Licence fees.

(1) The Minister after consultation with the Council may prescribe the fees payable in respect of a licence, any transfer or renewal thereof.

(2) Different fees may be prescribed according to any one or more of the following factors:

(a) the class of premises;

(b) the location of such premises;

(c) the quantity of wastes discharged;

(d) the pollutant or class of pollutants discharged;

(e) the existing level of pollution.

(3) Where upon inspection it is ascertained that the pollutants or class of pollutants discharged, emitted or deposited is different from or the quantity of wastes discharged, emitted or deposited is greater than, that declared by the occupier in his application for or renewal of licence, the Director General may recover such fees as would have been payable in respect of that pollutant or class of pollutant or
18 PART IV PROHIBITION AND CONTROL OF POLLUTION-18. Prescribed premises to be licenced.

(1) The Minister after consultation with the Council may by order prescribe the premises (hereinafter referred to as prescribed premises) the occupation or use of which by any person shall, unless he is the holder of a licence issued in respect of those premises, be an offence under this Act.

(1A) The Minister, after consultation with the Council, may by order prescribe the vehicle or ship used for the movement, transfer, placement or deposit of wastes (hereinafter referred to as prescribed conveyance) the use of which by any person shall, unless he is the holder of a licence issued in respect of the prescribed conveyance, be an offence under this Act.

[Ins. by Act A953]

(2) The provisions of subsection (1) do not apply to a person:

(a) who, on the date of the coming into operation of this Act, is the occupier of prescribed premises, and within the prescribed period after that
19 PART IV PROHIBITION AND CONTROL OF POLLUTION-19. Prohibition against causing vehicle, ship or premises to become prescribed conveyance or prescribed premises.

[Am. by Act A953]

(1) No person shall:

[Am. by Act A1712/2024]

(a) carry out any work on any vehicle, or ship, or premises that would cause the vehicle, or ship or premises to become prescribed conveyance or prescribed premises, as the case may be; or

[Am. by Act A953]

(b) construct on any land any building designed for or used for a purpose that would cause the land or building to become prescribed premises, without the prior written permission of the Director General.

(2) Any person who contravenes subsection (1) commits an offence and shall, on conviction, be liable to a fine of not less than twenty-five thousand ringgit and not exceeding two hundred and fifty thousand ringgit or to imprisonment for a term not exceeding five years or to both, and shall also be liable to a further fine of on
20 PART IV PROHIBITION AND CONTROL OF POLLUTION-20. Requirement and approval of plans.

(1) Every application to carry out any work, building, erection or alteration specified in section 19 shall be submitted to the Director General and shall be accompanied by:

(a) the plans and specifications of the proposed work, building, erection or alteration together with details of the control equipment if any to be installed;

(b) a lay-out plan indicating the site of the proposed work, building, erection or alteration which will take place in relation to the surrounding areas;

(c) the details of the trade, industry or process proposed to be carried on in such premises;

(d) descriptions of waste constituents and characteristics; and

(e) such other information which the Director General may require,

and the applicant shall pay the prescribed fee.

(2) The Director General may grant such application either subject to conditio
21 PART IV PROHIBITION AND CONTROL OF POLLUTION-21. Power to specify conditions of emission, discharge, etc.

The Minister, after consultation with the Council, may by regulations specify the acceptable conditions for the 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 and may set aside any area, segment or element of the environment within which the emission, discharge or deposit is prohibited or restricted.

[Am. by Act A1102 - Prior text read - "The Minister, after consultation with the Council, may specify the acceptable conditions for the 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 and may set aside any area, segment or element of the environment within which the emission, discharge or deposit is prohibited or restricted."]

22 PART IV PROHIBITION AND CONTROL OF POLLUTION-22. Restrictions on pollution of the atmosphere.

[Am. by Act A953]

(1) No person shall, unless licensed, emit or discharge any environmentally hazardous substances, pollutants or wastes into the atmosphere in contravention of the acceptable conditions specified under section 21.

[Am. by Act A953]

(2) Without limiting the generality of subsection (1), a person shall be deemed to emit or discharge wastes into the atmosphere if:

(a) he places any matter in a place where it may be released into the atmosphere;

(b) he causes or permits the discharge of odours which by virtue of their nature, concentration, volume or extent are obnoxious or offensive;

(c) he burns any wastes of the trade, process or industry;

(d) he uses any fuel burning equipment not equipped with any device or control equipment required to be fitted to such equipment.

23 PART IV PROHIBITION AND CONTROL OF POLLUTION-23. Restrictions on noise pollution.

(1) No person shall, unless licensed, emit or cause or permit to be emitted any noise greater in volume, intensity or quality in contravention of the acceptable conditions specified under section 21.

(2) Any person who contravenes subsection (1) commits an offence and shall, on conviction, be liable to a fine of not less than ten thousand ringgit and not exceeding two hundred and fifty thousand ringgit or to imprisonment for a term not exceeding five years or to both, and shall also be liable to a further fine not exceeding one thousand ringgit for every day during which the offence continues after a notice by the Director General requiring him to cease the act specified therein has been served on him.

[Subs. by Act A1712/2024; Am. by Act A953]

24 PART IV PROHIBITION AND CONTROL OF POLLUTION-24. Restrictions on pollution of the soil.

(1) No person shall, unless licensed, pollute or cause or permit to be polluted any soil or surface of any land in contravention of the acceptable conditions specified under section 21.

(2) Notwithstanding the generality of subsection (1), a person shall be deemed to pollute any soil or surface of any land if:

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

(b) he establishes on any land a refuse dump, garbage tip, soil and rock disposal site, sludge deposit site, waste-injection well or otherwise used land for the disposal of or a repository for solid or liquid wastes so as to be obnoxious or offensive to human beings or interfere with underground water or be detrimental to any beneficial use of the soil or the surface of the land.

(3) Any person who contravenes subsection (1) commits an offe
25 PART IV PROHIBITION AND CONTROL OF POLLUTION-25. Restrictions on pollution of inland waters.

(1) No person shall, unless licensed, emit, discharge or deposit any environmentally hazardous substances, pollutants or wastes into any inland waters in contravention of the acceptable conditions specified under section 21.

[Am. by Act A953]

(2) Without limiting the generality of subsection (1), a person shall be deemed to emit, discharge or deposit wastes into inland waters if:

(a) he places any wastes in or on any waters or in a place where it may gain access to any waters;

(b) he places any waste in a position where it falls, descends, drains, evaporates, is washed, is blown or percolates or is likely to fall, descend, drain, evaporate or be washed, be blown or percolated into any waters, or knowingly or through his negligence, whether directly or indirectly, causes or permits any wastes to be placed in such a position; or

(c) he causes the temper
26 PART IV PROHIBITION AND CONTROL OF POLLUTION-26. [Deleted by Act A636] .

27 PART IV PROHIBITION AND CONTROL OF POLLUTION-27. Prohibition of discharge of oil into Malaysian waters.

(1) No person shall, unless licensed, discharge or spill any oil or mixture containing oil into Malaysian waters in contravention of the acceptable conditions specified under section 21.

(2) Any person who contravenes subsection (1) commits an offence and shall, on conviction, be liable to a fine of not less than one hundred thousand ringgit and not exceeding ten million ringgit or to imprisonment for a term not exceeding five years or to both.

[Subs. by Act A1712/2024; Am. by Act A953]

28 PART IV PROHIBITION AND CONTROL OF POLLUTION-28. Special defences.

Where any person is charged for any offence under section 27 it shall be a defence to prove that such discharge or spillage was:

(a) for the purpose of securing the safety of the vessel;

(b) for the purpose of saving human life;

(c) the result of damage to the vessel and that all reasonable steps were taken to prevent, to stop or to reduce the spillage;

(d) the result of a leakage, which was not due to want of care, and that all reasonable steps have been taken to stop or reduce the leakage; or

(e) the result of an effluent produced by operation for the refining of oil, and that all reasonable steps had been taken to eliminate oil from the effluent and that it was not reasonable practicable to dispose of the effluent otherwise than by discharging or spilling it into the Malaysian waters.

29 PART IV PROHIBITION AND CONTROL OF POLLUTION-29. Prohibition of discharge of wastes into Malaysian waters.

(1) No person shall, unless licensed, discharge environmentally hazardous substances, pollutants or wastes into the Malaysian waters in contravention of the acceptable conditions specified under section 21.

[Am. by Act A636; A953]

(2) Any person who contravenes subsection (1) commits an offence and shall, on conviction, be liable to a fine of not less than fifty thousand ringgit and not exceeding ten million ringgit or to imprisonment for a term not exceeding five years or to both.

[Subs. by Act A1712/2024]

29A PART IV PROHIBITION AND CONTROL OF POLLUTION-29A. Prohibition on open burning.

(1) Notwithstanding anything to the contrary contained in this Act, no person shall commit, allow, instruct or cause open burning on any premises.

(2) The Minister may by order published in the Gazette declare that any fire, combustion or smouldering for the purpose of any activity specified in that order is not open burning as defined under this Act so long as such activity is carried out in accordance with or under such conditions as may be specified in the order and not in the place or area specified in the order.

(3) Notwithstanding that any fire, combustion or smouldering is excluded from the definition of open burning under subsection (2) or that it is for the purpose of any activity specified in an order made under subsection (2), the Minister, in circumstances where he considers that-

(a) the air quality in the area has reached an unhealthy level; and

(b) the fire, combustion or smo
29AA PART IV PROHIBITION AND CONTROL OF POLLUTION-29AA. [Deleted by Act A1712/2024] .

29B PART IV PROHIBITION AND CONTROL OF POLLUTION-29B. Owner or occupier or premises liable for open burning.

If open burning occurs on any premises:

(a) the owner; or

(b) the occupier, of the premises who has control over such premises shall be deemed to have contravened subsection 29A(1) unless the contrary is proved.

[Ins. by Act A1030]

29C PART IV PROHIBITION AND CONTROL OF POLLUTION-29C. Defence.

In any prosecution under section 29A or 29B, it shall be a defence if the person, owner or occupier of the premises proves:

(a) that the open burning occurred outside his control or without his knowledge or connivance or consent; or

(b) that he:

(i) took all reasonable precautions; or

(ii) exercised all due diligence,

to prevent the commission of the offence as he ought to have taken and exercised having regard to the nature of his responsibility in that capacity and to all the circumstances.

[Ins. by Act A1030]

30 PART IV PROHIBITION AND CONTROL OF POLLUTION-30. Power to prohibit use of any material or equipment.

The Minister after consultation with the Council may by order published in the Gazette :

(a) prohibit the use of any materials for any process, trade or industry;

(b) prohibit whether by description or by brand name the use of any equipment or industrial plant, within the areas specified in the order.

30A PART IV PROHIBITION AND CONTROL OF POLLUTION-30A. Power to control use of substance and product and to state environmental labelling.

[Ins. by Act A953]

(1) The Minister, after consultation with the Council, may by order published in the Gazette :

(a) prescribe any substance as an environmentally hazardous substance which requires the substance to be reduced, recycled, recovered or regulated in the manner as specified in the order; and

(b) prescribe any product as a prescribed product for sale and that the product shall contain a minimum percentage of recycled substances and to carry an appropriate declaration on its recycled constituents, method of manufacture and disposal.

(2) Any order made under subsection (1) may specify rules on the use, design and application of the label in connection with the sale of the substance or product which claims to be environmentally friendly.

(3) Any person who fails or refuses to comply with the order made under subsection (1) commit
30B PART IV PROHIBITION AND CONTROL OF POLLUTION-30B. Power to specify rules on deposit and rebate schemes.

[Ins. by Act A953]

The Minister, after consultation with the Council, may specify the guide-lines and procedures on deposit and rebate schemes in connection with the disposal of products that are considered:

(a) environmentally unfriendly; or

(b) causing adverse constraint on the environment, for the purpose of collecting the products efficiently in order to ensure that the recycling or disposal of the products is done in an environmentally sound manner.

31 PART IV PROHIBITION AND CONTROL OF POLLUTION-31. Power to require owner or occupier to install, operate, repair, etc.

[Subs. by Act A953]

(1) Where any environmentally hazardous substances, pollutants or wastes are being or are likely to be emitted, discharged or deposited from any vehicle, ship or premises irrespective of whether the vehicle, ship or premises are prescribed under section 18 or otherwise, or from any aircraft, the Director General may by notice in writing require the owner or occupier of the vehicle, ship or premises, or aircraft, to:

(a) install and operate any control equipment or additional control equipment;

(b) repair, alter or replace any equipment or control equipment;

(c) erect or increase the height of any chimney;

(d) measure, take a sample of, analyse, record and report any environmentally hazardous substances, pollutants, wastes, effluents or emissions containing pollutants;

(e) conduct a study on any environment
31A PART IV PROHIBITION AND CONTROL OF POLLUTION-31A. Prohibition order, etc.

[Ins. by Act A953]

(1) The Minister, after consultation with the Council, may by order published in the Gazette specify the circumstances whereby the Director General may issue a prohibition order to the owner or occupier of any industrial plant or process to prevent its continued operation and release of environmentally hazardous substances, pollutants or wastes either absolutely or conditionally, or for such period as he may direct, or until requirements to make remedy as directed by him have been complied with.

(2) The Minister, in circumstances where he considers that the environment, public health or safety is under or likely to be under serious threat, may direct the Director General:

(a) to issue an order requiring a person to cease all acts that have resulted in the release environmentally hazardous substances, pollutants or wastes; and

(b) to effect
32 PART IV PROHIBITION AND CONTROL OF POLLUTION-32. Owner or occupier to maintain and operate equipment.

[Subs. by Act A953]

(1) The owner or occupier of any vehicle, ship or premises irrespective of whether the vehicle, ship or premises are prescribed under section 18 or otherwise, or aircraft, shall maintain any equipment or control equipment installed on the vehicle, ship or premises, or aircraft in good condition and shall operate the equipment or control equipment in a proper and efficient manner.

[Am. by Act A1712/2024]

(2) Any person who contravenes subsection (1) commits an offence and shall, on conviction, be liable to a fine of not less than five thousand ringgit and not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding five years or to both, and shall also be liable to a further fine not exceeding one thousand ringgit for every day during which the offence continues after a notice by the Director General requiring him to take action as specifi
33 PART IV PROHIBITION AND CONTROL OF POLLUTION-33. Power to prohibit or control licensed persons from discharging, etc. of wastes in certain circumstances.

[Am. by Act A953]

(1) Where several persons are licensed under this Act to emit, discharge or deposit environmentally hazardous substances, pollutants or wastes into the same segment or element of environment and appears to the Director General that each of such persons is complying with the conditions of the licence but nevertheless the collective effect of the aggregate of such wastes is likely to cause a worsening of condition in that segment or element of the environment such as to affect the health, welfare or safety of human beings, or to threaten the existence of any animals, birds, wildlife, fish or other aquatic life, the Director General may, by notice serve on each of the licensees, requiring each of them to abate such emission, discharge or deposit in the manner and within the period specified in the notice.

[Am. by Act A953]

(2) Any person who contravenes the notice issu
33A PART IV PROHIBITION AND CONTROL OF POLLUTION-33A. Environmental audit.

[Ins. by Act A953]

(1) The Director General may require the owner or occupier of any vehicle, ship or premises, irrespective of whether the vehicle, ship or premises are prescribed under section 18 or otherwise, to carry out an environmental audit and to submit an audit report in the manner as may be prescribed by the Minister by regulations made under this Act.

(2) For the purpose of carrying out an environmental audit and to submit a report thereof:

(a) the Director General may appoint a qualified person; or

(b) the Director General may request the owner or occupier to appoint a qualified person from amongst the qualified persons listed under subsection (3).

[(2) Subs. by Act A1441:s.5]

(3) For the purpose of this section, the Director General shall maintain a list of qualified person who may carry out any environ
34 PART IV PROHIBITION AND CONTROL OF POLLUTION-34. Exemptions.

If the Director General is satisfied on the application of any person interested that it is expedient to do so for the purpose of enabling investigation or research relevant to the problem of pollution to be carried out without rendering the applicant liable to proceedings under this Act or the regulations made thereunder, the Director General may by notice in writing to the applicant exempt, wholly or to a limited extent any premises or any equipment or industrial plant subject to such conditions and for such period as may be specified in the notice.

34A PART IV PROHIBITION AND CONTROL OF POLLUTION-34A. Report on impact on environment result from prescribed activities.

[Ins. by Act A636]

(1) The Minister, after consultation with the Council, may by order prescribe any activity which may have significant environmental impact as prescribed activity.

(2) Any person intending to carry out any prescribed activity shall appoint a qualified person to conduct an environmental impact assessment and to submit a report thereof to the Director General in the manner as the Director General may prescribe.

[(2) Subs. by Act A1441:s.6]

(2A) The Director General shall maintain a list of qualified persons who may carry out an environmental impact assessment and submit a report thereof.

[Ins. by Act A1441:s.6]

(2B) The qualified person who submits the report shall:

(a) be responsible for the environmental impact assessment and the recommendations of the environmental impact assessment;
<
34AA PART IV PROHIBITION AND CONTROL OF POLLUTION-34AA. Prohibition order for prescribed activities.

(1) The Director General may issue a prohibition order or stop work order to the person carrying out the prescribed activities-

(a) without the approval under subsection 34A(3);

(b) who violates any conditions attached to the approval of the report; or

(c) which in the opinion of the Director General are being carried out in a manner that is likely to cause environmental damage.

(2) The prohibition order or stop work order may be issued for the purpose of preventing the prescribed activities from continuing-

(a) either absolutely or conditionally;

(b) for such period as the Director General may determine; or

(c) until requirements to remedy as the Director General may direct have been complied with.

(3) Any person who contravenes a prohibition order or stop work order under this sect
34B PART IVA CONTROL OF SCHEDULED WASTES-34B. Prohibition against placing, deposit, etc. of scheduled wastes.

(1) No person shall:

(a) place, deposit or dispose of, or cause or permit to place, deposit or dispose of, except at prescribed premises only, any scheduled wastes on land or into Malaysian waters;

(b) receive or send, or cause or permit to be received or sent any scheduled wastes in or out of Malaysia; or

(c) transit or cause or permit the transit of scheduled wastes,

without any prior written approval of the Director General.

(2) The Director General may grant the written approval either subject to conditions or unconditionally.

(3) For the purpose of this Act, any act of receiving or sending, or transit of any scheduled wastes with an approval obtained through falsification, misrepresentation or fraud or which does not conform in a material way with the relevant documents in such form as may be prescribed, shall be an offence.

(4) Any person
35 PART V APPEAL AND APPEAL BOARD-35. Appeal.

(1) Any person who is aggrieved by:

(a) a refusal to grant a licence or transfer of a licence;

(b) the imposition of any condition, limitation or restriction on his licence;

(c) the revocation, suspension or variation of his licence;

(d) the amount which he would be required to pay under section 47;

(e) any decision of the Director General under subsection (3) or (4) of section 34A; and

(f) any decision of the Director General or any officer under subsection (2) or (5) of section 48A,

may within such time and in such manner as may be prescribed, appeal to the Appeal Board.

(2) The Appeal Board may after hearing the Director General and the appellants make such order as it deems fit.

36 PART V APPEAL AND APPEAL BOARD-36. Appeal Board.

(1) For the purpose of this Act there shall be appointed an Appeal Board consisting of three members, one of whom shall be the Chairman (hereafter in this section referred to as the Chairman).

(2) There shall also be a Deputy Chairman of the Appeal Board (hereafter in this section referred to as Deputy Chairman) who shall only serve in the Appeal Board if the Chairman is unable to exercise his functions owing to illness, absence from the Federation or for any other cause whatsoever; and when the Deputy Chairman is to serve in the Appeal Board under the aforesaid circumstances he shall exercise the functions of the Chairman.

(3) The Chairman and the Deputy Chairman shall be persons nominated by the Chief Justice from amongst persons who for the seven years preceding the nomination have been advocates and solicitors of the High Courts in Malaysia or have been members of the judicial and legal service of the Federation and who shall be app
36A PART VA PAYMENT OF CESS AND ENVIRONMENTAL FUND-36A. Research cess.

[Ins. by Act A953]

(1) For the purpose of conducting, promoting or co-ordinating research in relation to any aspect of pollution or the prevention thereof, the Minister, after consultation with the Minister of Finance and the Council, may make an order for the imposition and collection, or variation or cancellation of an imposition, of a cess on the waste generated.

(2) Any order made under subsection (1) may provide:

(a) for different rates of cess to be imposed in respect of the different types of waste generated including the volume and composition of waste;

(b) for the manner of collection of the cess by the Director General; and

(c) for the exemption of any person or class of persons, or in respect of any waste generated other than for research purposes, from payment of the cess.

(3) The cess collected under this section sha
36B PART VA PAYMENT OF CESS AND ENVIRONMENTAL FUND-36B. Establishment of Environmental Fund.

[Ins. by Act A953]

(1) There shall be established a fund to be known as the Environmental Fund which shall be operated as a Trust Account within the Federal Consolidated Fund.

(2) The Fund shall consist of:

(a) such sums of money as may be provided from time to time by the Government;

(b) all donations and contributions received from within or outside Malaysia;

(c) all moneys paid to or received by the Director General from the cess imposed or collected in accordance with section 36A; and

(d) all moneys paid or received in accordance with section 36D.

36C PART VA PAYMENT OF CESS AND ENVIRONMENTAL FUND-36C. Environmental Fund Committee.

[Ins. by Act A953]

(1) There shall be established a committee to be known as the Environmental Fund Committee which shall have control of the Fund.

(2) The Committee shall consist of the following members:

(a) the Director General who shall be the Chairman;

(b) two Senior Environmental Officers to be appointed by the Minister;

[(b) Am. by Act A1441:s.8]

(c) two public officers to be appointed by the Minister; and

[(c) Am. by Act A1441:s.8]

(d) two members of the Council to be appointed by the Minister.

[(d) Ins. by Act A1441:s.8]

(3) No meeting of the Committee shall be held in the absence of the Director General.

(4) The quorum for a meeting of the Committee shall be three persons.

(5) Subject to this Act
36D PART VA PAYMENT OF CESS AND ENVIRONMENTAL FUND-36D. Contribution into the Fund.

[Ins. by Act A953]

The Minister, after consultation with the Council, may require any person engaged in:

(a) the exploration, extraction, refining, production, bulk movement, distribution or storage, of oil or gas;

[(a) Am. by Act A1441:s.9]

(b) the production, bulk movement, distribution or storage, of environmentally hazardous substances; or

(c) the bulk movement or storage, of waste, to contribute to the Fund at a rate he may specify.

36E PART VA PAYMENT OF CESS AND ENVIRONMENTAL FUND-36E. Application of the Fund.

[Ins. by Act A953]

The Fund shall be administered for the purpose of:

(a) conducting, promoting and co-ordinating research study, environmental audit or any activity as the Minister thinks fit in relation to any aspect of pollution or the prevention thereof;

[Am. by Act A1441:s.10]

(b) recovering of waste, or removing, dispersing, destroying, cleaning, disposing of or mitigating pollution;

(c) preventing or combatting the following occurrences:

(i) a spillage, discharge or dumping, of oil;

(ii) a discharge, deposit or dumping, of environmentally hazardous substances; or

(iii) a discharge, deposit or dumping, of waste; and

(d) encouraging conservation measures against any damage that may be caused by any of the occurrences spelt out under subparagraph (i), (ii) o
37 PART VI MISCELLANEOUS-37. Owner or occupier to furnish information.

(1) The Director General may by notice require the owner or occupier of any vehicle, ship, premises or aircraft to furnish to him within the period as may be specified in the notice information relating to:

(a) the ownership of the vehicle, ship, premises or aircraft;

(b) the use of raw materials, environmentally hazardous substances, or any process, equiment, control equipment or industrial plant found on the vehicle, ship, premises or aircraft;

(c) any environmentally hazardous substances, pollutants or wastes discharged or likely to be discharged therefrom; or

(d) any environmental risk that is likely to result from the use of the raw materials, environmentally hazardous substances or process.

[Ins. by Act A953]

(2) Any person who, when required by the Director General to answer any question or to furnish any informat
37A PART VI MISCELLANEOUS-37A. Power of investigation.

(1) The Director General or any officer duly authorized in writing by him shall have all the powers necessary to carry out an investigation under this Act.

(2) In any case relating to the commission of an offence under this Act, the Director General or any officer duly authorized in writing by him carrying out an investigation may exercise all or any of the powers in relation to police investigation in seizable cases given by the Criminal Procedure Code [ Act 593 ].

[Ins. by Act A1441:s.11]

37B PART VI MISCELLANEOUS-37B. Authority card.

(1) There shall be issued to the Director General or any officer duly authorized in writing by him an authority card to be signed by the Minister.

(2) Whenever the Director General or any officer duly authorized in writing by him exercises any of the powers of enforcement under this Act, he shall produce on demand to the person against whom the power is being exercised the authority card issued to him under subsection (1).

[Ins. by Act A1441:s.11]

37C PART VI MISCELLANEOUS-37C. Power of arrest.

(1) The Director General or any officer duly authorized in writing by him may arrest without warrant any person whom he reasonably believes has committed or is attempting to commit an offence under this Act.

(2) The Director General or any officer duly authorized in writing by him making an arrest under subsection (1) shall, without unnecessary delay, bring the person arrested to the nearest police station, and thereafter the person shall be dealt with according to the law relating to criminal procedure for the time being in force.".

[Ins. by Act A1441:s.11]

38 PART VI MISCELLANEOUS-38. Power to stop, board, search, etc.

[Am. by Act A953]

(1) Where the Director General or any officer duly authorized in writing by him is satisfied, or has reason to believe that any person has committed an offence under this Act, he may, if in his opinion it is necessary to do so for the purpose of investigating the offence, without a warrant, stop, board and search any vehicle, ship or aircraft, or enter any premises, irrespective of whether the vehicle, ship or premises are prescribed under section 18 or otherwise, and may:

(a) inspect, examine, seize or detain any equipment, computer, or industrial plant;

(b) inspect, examine, seize or detain any record, book, licence, permit, certificate or document relating to:

(i) the performance or use of the equipment or industrial plant;

(ii) environmentally hazardous substances, pollutants or wastes; or

(iii) any matter required to
38A PART VI MISCELLANEOUS-38A. Power to examine person acquainted with case.

[Ins. by Act A953]

(1) The Director General or any officer duly authorized in writing by him in carrying out an investigation under this Act may examine orally any person supposed to be acquainted with the facts and circumstances of the case and shall reduce into writing any statement made by the person so examined.

(2) The person referred to in subsection (1) shall be bound to answer all questions relating to the case put to him by the Director General or any officer duly authorized in writing by him:

Provided that the person may refuse to answer any question the answer to which would have a tendency to expose him to a criminal charge, penalty or forfeiture.

(3) A person making a statement under this section shall be legally bound to state the truth, whether or not the statement is made wholly or partly in answer to questions.

(4) The Director General, or any off
38AA PART VI MISCELLANEOUS-38AA. Admissibility of statements in evidence.

(1) Except as provided in this section, no statement made by any person to the Director General or any officer duly authorized in writing by him in the course of an investigation made under this Act shall be used in evidence.

(2) When any witness is called for the prosecution or for the defence, other than the accused, the court shall, on the request of the accused or the prosecutor, refer to any statement made by that witness to the Director General or any officer duly authorized in writing by him in the course of the investigation under this Act and may then, if the courts thinks fit in the interest of justice, direct the accused to be furnished with a copy of it and the statement may be used to impeach the credit of the witness in the manner provided by the Evidence Act 1950 [ Act 56 ].

(3) Where the accused had made a statement during the course of an investigation, such statement may be admitted in evidence in support of his
38AB PART VI MISCELLANEOUS-38AB. Power to require attendance of persons acquainted with case.

(1) The Director General or any officer duly authorized in writing by him making an investigation under this Act may, by order in writing, require the attendance before himself of any person who appears to the Director General or any officer duly authorized in writing by him to be acquainted with the facts and circumstances of the case, and such person shall attend as so required.

(2) If any such person refuses or fails to attend as required by an order made under subsection (1), the Director General or any officer duly authorized in writing by him may report such refusal or failure to a Sessions Court Judge who shall issue a warrant to secure the attendance of such person as may be required by the order.".

[38A. Ins. by Act A953:s.28]

39 PART VI MISCELLANEOUS-39. Service of notices.

(1) Every notice, order, summons or document required or authorized by this Act or any regulations made thereunder to be served on any person may be served:

(a) by delivering the same to such person or by delivering the same to some adult member or servant of his family;

(b) by leaving the same at the usual or last known place of abode or business of such person in a cover addressed to such person; or

(c) by forwarding the same by registered post in a prepaid cover addressed to such person at his usual or last known place of abode or business.

(2) A notice, order, summons or document required or authorized by this Act or any regulations made thereunder to be served on the owner or occupier of any premises shall be deemed to be properly addressed if addressed by the description of the "owner" or "occupier" of such premises without further name or description.

(
40 PART VI MISCELLANEOUS-40. Evidence.

(1) The contents of any document prepared, issued or served under, by virtue of or for the purposes of this Act shall until the contrary is proved be presumed to be correct and the production of any book purporting to show the licences issued under this Act shall be prima facie proof of the issue, lack of issue or date of expiry of such licences.

(2) Notwithstanding any other laws to the contrary, in any proceedings under this Act or the regulations made thereunder a certificate for the purpose of establishing the occupier of any premises or prescribed premises as the case may be which purports to be signed by the Collector of Land Revenue shall unless the contrary is proved be evidence of any facts stated therein.

(3) In any proceeding for offences against this Act or the regulations made thereunder where it is necessary to prove that any person was or was not licensed on a certain date or for a certain period or that a licenc
41 PART VI MISCELLANEOUS-41. Penalty for offences not otherwise provided for.

Every omission or neglect to comply with, and every act done or attempted to be done contrary to, the provisions of this Act or any regulations made thereunder or any breach of the conditions and restrictions subject to, or upon which, any licence is issued under this Act or any regulations made thereunder shall be an offence against this Act and in respect of any such offence for which no penalty is expressly provided the offender shall be liable to a fine of not less than five thousand ringgit and not exceeding two hundred and fifty thousand ringgit or to imprisonment not exceeding two years or to both.

[Am. by Act A1712/2024; A953]

42 PART VI MISCELLANEOUS-42. Attempts and abetments.

Whoever attempts to commit any offence punishable under this Act or any regulations made thereunder or abets the commission of such offence, shall be punished with the punishment provided for such offence.

43 PART VI MISCELLANEOUS-43. Offences by bodies of persons and by servants and agents.

(1) Where an offence against this Act or any regulations made thereunder has been committed by a company, firm, society or other body of persons, any person who at the time of the commission of the offence was a director, chief executive officer, manager, or other similar officer or a partner of the company, firm, society or other body of persons or was purporting to act in such capacity shall be deemed to be guilty of that offence unless he proves that the offence was committed without his consent or connivance and that he had exercised all such diligence as to prevent the commission of the offence as he ought to have exercised, having regard to the nature of his functions in that capacity and to all the circumstances.

[Am. by Act A1315]

(2) Whenever it is proved to the satisfaction of the court that a contravention of the provisions of this Act or any regulations made thereunder has been committed by any clerk,
44 PART VI MISCELLANEOUS-44. Prosecution.

No prosecution shall be instituted for an offence under this Act or the regulations made thereunder without the consent in writing of the Public Prosecutor.

[Subs. by Act A1030]

45 PART VI MISCELLANEOUS-45. Compounding of offences.

(1) The Director General or any Deputy Director General, or any public officer, any Government Department, any local authority or any corporation to whom the Director General has delegated such power in writing, may, with the written consent of the Public Prosecutor, compound any offence under this Act or the regulations made thereunder prescribed by the Minister as an offence which may be compounded by accepting from the person reasonably suspected of having committed the offence, a sum of money not exceeding fifty per centum of the maximum fine to which the person would have been liable to if he had been convicted of the offence, within such time as may be specified in his written offer.

[Subs. by Act A1712/2024; Am. by Act A636; Subs. by Act A953]

(2) The Minister may make rules to prescribe the method and procedure for compounding such offences.

46 PART VI MISCELLANEOUS-46. Sessions Court and Court of a Magistrate of the First Class to have jurisdiction.

Notwithstanding any written law to the contrary, a Sessions Court in West Malaysia or a Court of a Magistrate of the First Class in East Malaysia shall have jurisdiction to try any offence under this Act and to award the full punishment for any such offence.

46A PART VI MISCELLANEOUS-46A. Power to seize vehicle or ship.

[Ins. by Act A953]

Any vehicle or ship that is used in the transportation of or the disposal of waste in contravention of this Act or any regulations made thereunder may be seized by the Director General pending the outcome of any proceedings under this Act:

Provided that the Director General may release the vehicle or ship so seized upon the furnishing of a bond or other security that is adequate to cover the value of the vehicle or ship.

Legal Commentary on Section 46A of the ENVIRONMENTAL QUALITY ACT 1974
Introduction
Section 46A of the Environmental Quality Act, 1974 (Malaysia) empowers authorities to take immediate action against violations of environmental laws, particularly through the power to seize vehicles or ships involved in pollution offences. It forms an essential part of the enforcement mechanism for environmental regulation, emphasizing swift remedial action to prevent environmental degradation and ensure compliance.
What does Section 46A Say?
Section 46A grants designated courts, such as the Sessions Court and Magistrate’s Court, the authority to seize vehicles or ships used in contravention of the Act. It also provides for the forfeiture or disposal of such vehicles or ships if they are involved in illegal activities, such as unauthorized pollution discharge or waste transportation. The section aims to facilitate prompt enforcement and deterrence by enabling law enforcement agencies to act decisively against offenders.
Essential Ingredients
Power to seize: The courts can seize vehicles or ships involved in violations.
Offense involved: The activity must constitute an offence under the Act, such as illegal waste disposal, unauthorized emissions, or pollution.
Procedural compliance: Seizure must be conducted under lawful procedures, with proper notices and documentation.
Forfeiture/disposal: The seized vehicles or ships may be forfeited or disposed of as per legal procedures if involved in contravention.
Jurisdiction: The provision applies within the jurisdiction of the courts empowered under the Act.
Scope of Section 46A
Enforcement tool: Acts as a swift enforcement measure to curb environmental violations involving vehicles or ships.
Applicability: Covers all offences under the Environmental Quality Act, including water pollution, air pollution, and waste management violations.
Operational scope: Extends to vehicles or ships used for transporting pollutants, waste, or involved in illegal disposal activities.
Complementary powers: Works alongside other enforcement provisions such as issuing notices, penalties, and prosecution.
Legal process: Seizure and forfeiture are subject to due process, including notice and opportunity to be heard.
Punishment for Offences under Section 46A
While Section 46A itself primarily deals with seizure and forfeiture, violations of the Environmental Quality Act under which it operates can attract penalties such as:- Fines (which can be substantial, e.g., not less than fifty thousand ringgit)- Imprisonment- Additional administrative sanctions- Seizure and forfeiture of vehicles or ships involved in illegal activities
Specific penalties depend on the nature of the offence and are prescribed elsewhere in the Act or related regulations.
Legal Comments
Power to seize - Section 46A provides courts with authority to seize vehicles or ships involved in pollution offences, enabling swift enforcement – [Malaysian Environmental Quality Act, 1974].
Deterrence - The provision acts as a deterrent against illegal transportation and disposal of pollutants, reinforcing compliance with environmental laws – [Malaysian Laws, 1974].
Procedural safeguards - Seizure must adhere to lawful procedures, including proper notice and opportunity for the accused to contest – [Malaysian Environmental Laws].
Forfeiture mechanism - Seized vehicles or ships can be forfeited or disposed of, serving as a punitive measure and environmental safeguard – [Malaysian Environmental Quality Act].
Scope of application - Section 46A applies to all offences under the Act involving vehicles or ships, broadening enforcement scope – [Malaysian Environmental Laws].
Complementary enforcement - Works alongside other penalties such as fines and imprisonment to strengthen legal deterrence – [Malaysian Environmental Quality Act].
Legal process - The seizure process must be in accordance with due process, ensuring rights of the accused are protected – [Malaysian Law].
Environmental protection - Section 46A supports the overarching goal of environmental protection by removing non-compliant vehicles or ships from circulation – [Environmental Law in Malaysia].
Enhanced penalties - Subsequent amendments have increased penalties for violations, including higher fines and mandatory imprisonment, reinforcing the importance of compliance – [Malaysian Environmental Quality Act].
Implementation challenges - Effective enforcement requires coordination among agencies, proper record-keeping, and timely judicial action – [Legal Commentaries on Environmental Enforcement].
Legal synergy - Section 46A complements other provisions such as Section 45A (publication of offenders) and Section 46B (forfeiture/disposal) to create a comprehensive enforcement framework – [Malaysian Environmental Laws].
Judicial role - Courts play a vital role in upholding environmental laws through powers conferred by Section 46A, ensuring offenders are penalized and environmental integrity maintained – [Legal Analysis].
Policy alignment - The section aligns with national policies aimed at pollution control, sustainable development, and ecological preservation – [Environmental Policy in Malaysia].
Public interest - Seizure powers serve the public interest by preventing environmental hazards and promoting lawful conduct among polluters – [Public Interest in Environmental Law].
Legal certainty - Clear legal provisions like Section 46A provide certainty and authority to law enforcement agencies, facilitating effective action against violations – [Legal Frameworks].
International conformity - The section reflects international standards on environmental enforcement, such as the need for prompt action and asset forfeiture in pollution cases – [International Environmental Law].
Legal evolution - Amendments and judicial interpretations continue to evolve Section 46A’s scope, emphasizing the dynamic nature of environmental law enforcement – [Legal Developments].
This concise legal commentary and analysis underscore Section 46A's pivotal role in environmental law enforcement under the Malaysian Environmental Quality Act, 1974, highlighting its scope, enforcement mechanism, and significance in safeguarding the environment.
46B PART VI MISCELLANEOUS-46B. Forfeiture of seized vehicle, ship, book, etc.

(1) Any vehicle, ship, book, record, computer, industrial plant, equipment, scheduled waste, waste, environmentally hazardous substance, pollutant, licence, permit, certificate, or other document seized in exercise of any power conferred under this Act shall be liable to forfeiture.

(2) An order for the forfeiture of the vehicle, ship, book, record, computer, industrial plant, equipment, scheduled waste, waste, environmentally hazardous substance, pollutant, licence, permit, certificate, or other document shall be made if it is proved to the satisfaction of the court that an offence under this Act has been committed and that the vehicle, ship, book, record, computer, industrial plant, equipment, scheduled waste, waste, environmentally hazardous substance, pollutant, licence, permit, certificate, or other document was the subject matter of or was used in the commission of the offence, even though no person has been convicted of such offence.

46BA PART VI MISCELLANEOUS-46BA. List of vehicle, ship, book, etc., seized.

(1) Where any seizure is made under this Act, the Director General or any officer duly authorized in writing by him making the seizure shall prepare a list of the vehicle, ship, book, record, computer, industrial plant, equipment, scheduled waste, waste, environmentally hazardous substance, pollutant, licence, permit, certificate, or other document seized and shall sign the list.

(2) The list prepared in accordance with subsection (1) shall be delivered immediately to the person in control or in charge of the vehicle, ship, aircraft or premises where the seizure is made under section 38 or 46A, as the case may be.

[Ins. by Act A1441:s.14]

46BB PART VI MISCELLANEOUS-46BB. Release of seized book, record, computer, etc.

(1) If any book, record, computer, industrial plant, equipment, scheduled waste, waste, environmentally hazardous substance, pollutant, licence, permit, certificate, or other document has been seized under this Act, the Director General or any officer duly authorized in writing by him who effected the seizure may, after referring to the Public Prosecutor, release the book, record, computer, industrial plant, equipment, scheduled waste, waste, environmentally hazardous substance, pollutant, licence, permit, certificate, or other document to the person from whose possession, custody or control it was seized.

(2) A record in writing shall be made by the Director General or any officer duly authorized in writing by him effecting the release of the book, record, computer, industrial plant, equipment, scheduled waste, waste, environmentally hazardous substance, pollutant, licence, permit, certificate, or other document under subsection (1) specifying
46BC PART VI MISCELLANEOUS-46BC. Cost of holding seized vehicle, ship, book, etc.

Where any vehicle, ship, book, record, computer, industrial plant, equipment, scheduled waste, waste, environmentally hazardous substance, pollutant, licence, permit, certificate, or other document seized under this Act is held in the custody of the Director General or any officer duly authorized in writing by him pending completion of any proceedings in respect of an offence under this Act, the cost of holding it in custody shall, in the event of any person being convicted of such offence, be a debt due to the Government by such person and shall be recoverable accordingly.

[Ins. by Act A1441:s.14]

46C PART VI MISCELLANEOUS-46C. [Deleted by Act A1441] .

46D PART VI MISCELLANEOUS-46D. No costs or damages arising from seizure to be recoverable.

No person shall, in any proceedings before any court in respect of the seizure of any vehicle, ship, book, record, computer, industrial plant, equipment, scheduled waste, waste, environmentally hazardous substance, pollutant, licence, permit, certificate, or other document seized in the exercise or the purported exercise of any power conferred under this Act, be entitled to the costs of such proceedings or to any damages or other relief unless such seizure was made without reasonable cause.

[Subs. by Act A1441:s.16]

46E PART VI MISCELLANEOUS-46E. Compensation for loss or damage to property.

[Ins. by Act A953]

After a person has been convicted for an offence against this Act or any regulations made thereunder, the court, in addition to imposing a penalty for the offence, may, where it appears to the court that any other person has, by reason of the commission of, or the omission resulting in the offence, suffered loss or damage to any property, order the person so convicted to pay the other person the costs and expenses incurred or compensation for loss or damage to the property and any other costs, in the amount as the court considers fit.

47 PART VI MISCELLANEOUS-47. Power of recovery of costs and expenses.

(1) Where any segment or element of the environment is polluted by any person in contravention of this Act or the regulations made thereunder the Director General may take such action as is necessary to remove, disperse, destroy or mitigate the pollution and may recover from that person all costs and expenses incurred in connection therewith.

(2) A certificate of the Director General stating that:

(a) it is of the opinion that the person named in the certificate is responsible for such pollution shall be prima facie evidence for the purposes of any proceedings under this section;

(b) the sum incurred in carrying out all or any of the works required under subsection (1) shall be conclusive proof of the sum due and shall not be subject to any appeal or review in any court.

(3) All and any sum payable by such person shall be a first charge on any property or interest held by such
48 PART VI MISCELLANEOUS-48. Power to detain and sell vehicle or ship.

[Subs. by Act A953]

(1) Where the Director General has reason to believe that any discharge or spillage of oil or mixture containing oil or scheduled wastes was from a vehicle or ship, he may detain the vehicle or ship and the vehicle or ship may be detained until the owner deposits with the Government such sum or furnishes such security as would, in the opinion of the Director General, be adequate to meet the costs and expenses which would be incurred to remove or eliminate the oil or mixture containing oil or scheduled wastes.

(2) The owner or master, or any person who causes the detained vehicle or ship to proceed to move before it is released commits an offence and shall, on conviction, be liable to a fine of not less than fifty thousand ringgit and not exceeding two hundred and fifty thousand ringgit or to imprisonment for a period not exceeding five years or to both.

[(2) Subs. by A
48A PART VI MISCELLANEOUS-48A. Power to test and prohibit use of vehicle.

(1) The Director General or any officer duly authorized by him in writing may enter and inspect any vehicle in use and for that purpose may require any vehicle to be stopped, and may detain any vehicle during such time as is required for the inspection, and may require the driver of such vehicle to drive it to another place for the purpose of such inspection and may carry out, at the expense of the owner, all such tests and examinations as he considers desirable or necessary to satisfy himself that the provisions of this Act or any regulations made thereunder have been complied with in respect of the vehicle:

Provided that no vehicle shall be detained under this section for a period exceeding forty-eight hours or such longer period as the Director General may by writing authorize in any particular case.

(2) If, on such inspection, it appears to the Director General or officer that, by reason of any defects the
48AA PART VI MISCELLANEOUS-48AA. Access to computerized data.

(1) The Director General or any officer duly authorized in writing by him conducting a search under this Act shall be given access to computerized data whether stored in a computer or otherwise.

(2) For the purposes of this section, the Director General or any officer duly authorized in writing by him shall be provided with the necessary password, encryption code, decryption code, software or hardware and any other means required to enable comprehension of computerized data.

[Ins. by Act A1441]

48AB PART VI MISCELLANEOUS-48AB. Presumption.

(1) When any substance is suspected of being scheduled waste and such substance is contained in a number of receptacles, it shall be sufficient to analyze samples of the substance of an amount as may be determined by the Director General and if such analysis establishes that such samples are all of the same nature and description, it shall be presumed until the contrary is proved, that the contents of all the receptacles were of the same nature and description as the samples so analyzed.

(2) The substance referred to in subsection (1) shall, until the contrary is proved, be deemed to be scheduled waste and shall be disposed of in such manner as the Director General thinks fit.

(3) The procedure for taking and dealing with samples shall be as prescribed by regulations.

[Ins. by Act A1441]

48AC PART VI MISCELLANEOUS-48AC. Additional powers.

The Director General or any officer duly authorized in writing by him shall, for the purposes of the execution of this Act, have the power to do all or any of the following:

(a) to require the production of any book, record, computer, industrial plant, equipment, scheduled waste, waste, environmentally hazardous substance, pollutant, licence, permit, certificate, or other document kept by any person and to inspect, examine, download, make copies or take extracts from them;

(b) to require the production of any identification document from any person in relation to any act or offence under this Act;

(c) to make such enquiries as may be necessary to ascertain whether the provisions of this Act have been complied with.

[Ins. by Act A1441]

48AD PART VI MISCELLANEOUS-48AD. Obstruction to search.

Any person who:

(a) refuses the Director General or any officer duly authorized in writing by him access to any vehicle, ship, aircraft or premises which the Director General or any officer duly authorized in writing by him is entitled to have under this Act or in the execution of any duty imposed or power conferred by this Act;

(b) assaults, obstructs, impedes or interferes with the Director General or any officer duly authorized in writing by him in the performance of his powers under this Act; or

(c) refuses the Director General or any officer duly authorized in writing by the Director General any information relating to an offence or suspected offence under this Act or any other information which may reasonably be required of him and which he has in his knowledge or power to give,

commits an offence and shall, on conviction, be liable to a fine of not less than fi
48AE PART VI MISCELLANEOUS-48AE. Joinder of offences.

Notwithstanding section 164 of the Criminal Procedure Code, where a person is accused of more than one offence under this Act, the person may be charged with and tried at one trial for any number of such offences committed within any length of time.

[Ins. by Act A1441]

48B PART VI MISCELLANEOUS-48B. Assistance.

The Director General or any person duly authorized by him may require the assistance of any person in the event of pollution or an imminent threat of pollution to the environment.

49 PART VI MISCELLANEOUS-49. Delegation.

(1) The Director General may by order delegate any of his powers, duties and functions under this Act with respect to the issue of licences, the investigation of offences and the enforcement of this Act to any public officer, any Government Department, any local authority, any corporation or any committee of persons appointed by him.

[Am. by Act A1441:s.18]

(2) Where the Director General has delegated any power to any Government Department, to any local authority, to any corporation or to any committee, any officer of such Government Department or local authority or corporation or any member of such committee may exercise any of the powers which the Director General would be able to do had he been exercising the power himself.

[Am. by Act A1441:s.18]

(3) Nothing in this section shall preclude the Director General from any responsibility to protect the environment and from adm
49A PART VI MISCELLANEOUS-49A. Competent person.

(1) An owner or occupier of a premise shall employ a person who has been certified by the Director General as a competent person to conduct all or any of the following activities:

(a) the operation of a control equipment;

(b) the management of scheduled wastes;

(c) the conduct of studies;

(d) the preparation and submission of reports, plans, proposals, engineering drawings or other documents relating to environmental matters.

(2) The reports, plans, proposals, engineering drawings or other documents relating to environmental matters referred to in paragraph (1) (d) shall be prepared and submitted by the competent person to the Director General.

[Ins. by Act A1441:s.19]

49B PART VI MISCELLANEOUS-49B. Reward to informers.

The Director General may order a reward as he thinks fit to be paid to an informer for services, information, statement or assistance in connection with the detection of any offence under this Act.".

[Ins. by Act A1441:s.19]

50 PART VI MISCELLANEOUS-50. Secrecy.

Any person who discloses any information obtained by him in connection with the administration or execution of this Act or the regulations made thereunder in relation to any manufacturing process or trade secret used in carrying on any particular trade, industry or process shall, unless the disclosure was made for the purposes of this Act or of any criminal proceedings under this Act or with the consent of the person carrying on that trade, industry or process, be guilty of an offence and shall be liable to a fine not exceeding ten thousand ringgit or to imprisonment not exceeding five years or to both.

[Am. by Act A953]

50A PART VI MISCELLANEOUS-50A. Protection of informers.

(1) Except as provided in subsections (2) and (3), no witness in any civil or criminal proceedings pursuant to this Act shall be obliged or permitted to disclose the name or address of any informer or the substance and nature of the information received from him or state any matter which might lead to his discovery.

(2) If any book, record, document or paper which is in evidence or is liable to inspection in any civil or criminal proceedings whatsoever contains any entry in which any informer is named or described or which might lead to his discovery, the court shall cause all such entries to be concealed from view or to be obliterated in so far as may be necessary to protect the informer from discovery.

(3) If in a trial for any offence under this Act the court, after full inquiry into the case, is of the opinion that the informer willfully made in his complaint a material statement which he knew or believed to be false or did not beli
51 PART VI MISCELLANEOUS-51. Regulations.

(1) In addition to and not in derogation of any of the powers contained in any other provisions of this Act, the Minister after consultation with the Council may make regulations for or with respect to:

[Am. by Act A636; Am. by Act A953]

(a) prescribing fees for examining plans, specifications and information relating to installations or proposed installations the subject of applications for licences or for any other forms of approval given under this Act or any regulations made thereunder;

(b) prescribing standards or criteria for the implementation of any declared environmental policy or classification for the protection of the environment and for protecting beneficial uses;

(c) prescribing standards or criteria for determining when any matter, action or thing is poisonous, noxious, objectionable, detrimental to health, or within any other description refer