CHAPTER 1 GENERAL

Environmental Quality Act, 1974 (Act 127)

An Act relating to the prevention, abatement, control of pollution and enhancement of theenvironment, and for purposes connected therewith.

Section SummarySection 2Definitions

Aircraft includes any kind of vehicle which may be usedfor conveyance of passengers or goods by air.

Beneficial Use means a use of the environment or anyelement or segment of the environment that is conduciveto public health, welfare or safety and which requiresprotection from the effects of wastes, discharges,emissions and deposits.

Committee means Environmental Fund Committeeestablished under section 36C.

Computer means any device, identified by whatevername or description, for recording, storing, processing,retrieving or production any information or matter, or forperforming any one or more of those function; and,where two or more computers carry out any one or moreof those functions in combination, conjointly, or insuccession, they shall be treated as a single computer.

Control Equipment includes:a) any apparatus for collecting wastes;b) any automatic device used for securing the more

efficient operation of any equipment;c) any device to indicate or record pollution or to give

warning of excessive pollution; andd) any other device or facility used for the purpose of

limiting pollution.

Council means the Environmental Quality Council.

Director General means the Director General ofEnvironmental Quality.

Document means any matter expressed, described, orrepresented in whatever manner, upon any substance,material, thing or article, including any matter embodiedin a disc, tape, film, sound track or device, by means of-

a) any letter, figure, mark, symbol, signal, sign, or anyother form of expression, description orrepresentation;

b) a visual recording (whether of any still or movingimage);

c) a sound recording, or any electronic, magnetic,mechanical or other recording, or by any sound,electronic impulse or other data; or

d) a recording, or transmission, over a distance of anymatter by any, or any combination, of the meansmentioned in paragraph (a), (b) or (c), or in thisparagraph

Element in relation to the environment means any of theprincipal constituent parts of the environment includingwater, atmosphere, soil, vegetation, climate, sound, door,aesthetics, fish and wildlife.

Environment means the physical factors of thesurroundings of human beings including land, water,atmosphere, climate, sound, odour, taste, the biologicalfactors of animals and plants and the social factor ofaesthetics.

Environmental Audit means a periodic, systematic,documented and objective evaluation to determine -a) the compliance status to environmental regulatory

requirements;b) the environmental management system; andc) the overall environmental risk of the premises.

Environmental Management System means a systemcomprising of an organizational structure with itsresponsibilities, practices, procedures, processes andresources for implementing and maintaining the systemrelating to the management of the environment.

Environmental Risk means any risk, hazard or chances ofbad consequences that may be brought upon theenvironment.

Environmentally Hazardous Substances means anynatural or artificial substances including any rawmaterial, whether in a solid, semi-solid or liquid form, orin the form of gas or vapour, or in a mixture of at leasttwo of these substances, or any living organism intended

for any environmental protection, conservation andcontrol activity, which can cause pollution.

Fund means the Environmental Fund established undersection 36B.

Goods includes environmentally hazardous substances,pollutants and wastes.

Industrial Plant means any plant used for the generationof power or for any industrial use or for the operation ofships, dredges, locomotives, cranes or other machines.

Inland Waters means any reservoir, pond, lake, river, stream, canal,drain, spring or well, or any part of the sea above the low water linealong the coast, or any other body of natural or artificial surface orsubsurface water.

Local Authority includes any person or body of personsappointed under any written law to exercise and performthe powers and duties which are conferred or imposed ona local authority under any written law.

Malaysian Waters means the territorial waters ofMalaysia.

Minister means the Minister charged with theresponsibility for environment protection.

Mixture Containing Oil means a mixture with such oilcontent as may be specified by the Minister or, if such oilcontent is not specified, a mixture with an oil content ofone hundred parts or more in one million parts of themixture (100 ppm).

Monitoring Programme means all actions taken andequipment used for the purpose of detecting or measuringquantitatively or qualitatively the presence, amount orlevel of any substance, characteristic or effect.

Occupier means a person in occupation or control of-a) any premises; orb) in relation to premises where different parts of which

are occupied by different persons, the respectivepersons in occupation or control of each part; or

c) any vehicle, ship or aircraft.

Oil means crude oil, diesel oil, fuel oil and lubricatingoil, and any other description of oil which may beprescribed by the Minister.

Owner in relation to –a) any premises, means –

(i) the registered proprietor of the premises;(ii) the lessee of a lease including a sub-lease of

the premises, whether registered or otherwise;(iii) the agent or trustee of any of the owners described in

subparagraphs (i), and (ii) of this definition or wherethe owner as described in subparagraphs (i) and (ii)cannot be traced or has died, his legal personalrepresentative; or

(iv) the person for the time being receiving therent of the premises whether on his ownaccount or as agent or trustee for any otherperson or as receiver or who would receive ifthe premises were let to a tenant;

b) any ship, means –(i) the person registered as the owner of the ship;(i) in the absence of registration, the person

owning the ship;(ii) in the case of a ship owned by any country

and operated by a company which in thatcountry is registered as the ship's operator,“owner” shall include the country; or

(iii) the agent or trustee of any of the ownersdescribed in subparagraphs (i), (ii) and (iii), orwhere the owner as described insubparagraphs (i) and (ii) cannot be traced orhas died, his legal personal representative;

c) any vehicle or aircraft, means the person registered asthe owner of the vehicle or aircraft.

Pollutants means any natural or artificial substances,whether in a solid, semi-solid or liquid form, or in theform of gas or vapour, or in a mixture of at least two ofthese substances, or any objectionable odour or noise orheat emitted, discharged or deposited from any sourceswhich can directly or indirectly cause pollution andincludes any environmentally hazardous substances.

Pollution means any direct or indirect alteration of thephysical, thermal, chemical or biological properties ofany part of the environment by discharging, emitting, ordepositing environmentally hazardous substances,

pollutants, wastes so as to affect any beneficial useadversely, to cause a condition which is hazardous orpotentially hazardous to public health, safety, or welfare,or to animals, birds, wildlife, fish or aquatic life, or toplants or to cause a contravention of any condition,limitation, or restriction to which a license under this Actis subject.

Practicable means reasonably practicable having regard,among other things, to local conditions andcircumstances and to the current state of technicalknowledge and the term “practicable means” includes theprovision and the efficient maintenance of plant and theproper use thereof and the supervision by or on behalf ofthe occupier of any process or operation.

Premises includes messuages, buildings, lands, andhereditaments of every tenure and any machinery orplant.

Prescribed means prescribed by or under this Act orcontinued in operation by this Act.

Prescribed Conveyance means a vehicle or shipprescribed by the Minister under section 18 as aprescribed conveyance.

Prescribed Premises means any premises prescribed bythe Minister under Section 18.

Prescribed Product means any product prescribed by theMinister under section 30A(l)(b).

Scheduled Wastes means any waste prescribed by theMinister in the regulations as scheduled wastes.

Segment in relation to the environment means anyportion or portions of the environment expressed in termsof volume, space, area, quantity, quality, or time or anycombination thereof.

Ship includes every description of vessel or craft orfloating structure.

Soil includes earth, sand, rock, shales, minerals andvegetation in the soil.

Trade means any trade, business or undertaking whetherordinarily carried on at fixed premises or at varyingplaces which results in the discharge of wastes andincludes any activity prescribed to be a trade, business orundertaking for the purposes of this Act.

Transit means the continuous passage from one border toanother border through Malaysian territory and waterswithout storage.

Vehicle means a structure capable of moving or beingmoved or used for the conveyance of any person or thingwhich maintains contact with the ground when in motion.

Waste includes any matter prescribed to be scheduledwaste, or any matter whether in a solid, semi-solid orliquid form, or in the form of gas or vapour which isemitted, discharged or deposited in the environment insuch volume, composition or manner as to causepollution.

[Note: Amended by DR 39/2000]PART II Administration

Section 3Director General andother officers

1) There shall be a Director General of EnvironmentalQuality who shall be appointed by the Minister fromAmongst members of the public service.

2) There shall be such number of Deputy DirectorsGeneral of Environmental Quality and such otherofficers as may be necessary and expedient for thedue administration of this Act who shall be appointedby the Minister from amongst members of the publicservice.

Section 4Establishment of theEnvironmental QualityCouncil

1) There is hereby established for the purposes of thisAct a body by the name of the Environmental QualityCouncil.

PART III LicencesSection 10Licensing Authority

The Director General shall be the licensing authority.

Section 11Licenses

1) An application for a license or for any renewal ortransfer thereof shall be made to the Director General

in such form as may be prescribed and shall, unlessthe Director General allows payment by instalments,be accompanied by the prescribed fee.

2) An applicant for a license or for the renewal ortransfer thereof shall furnish in writing or otherwisesuch information as the Director General mayconsider necessary and relevant to the application.

Section 13Duration and renewal oflicenses

1) A license shall, unless otherwise specified in thelicense or in any regulations made hereunder, remainin force for a period of one year from the date of itsissue and may be renewed upon application madewithin the time stipulated hereunder.

2) The holder of a license who desires to obtain arenewal of the license shall, at any time not being lessthan three months nor more than four months beforethe date of the expiration of the license or of thesubsisting renewal thereof, as the case may be, applyin such form as may be prescribed to the DirectorGeneral for a renewal of the licence.

3) Where any application is made by post, the date onthe postmark on the envelope shall be deemed to bethe date on which the application was made and incases where the Director General is unable toascertain the date on the postmark, the applicationshall be deemed to have been made three days beforethe date on which such application was received bythe Director General.

Section 14Transfer of licences

Where the holder of a license ceases to be the occupier ofthe premises specified in the license, the occupier ofthose premises may apply in such form as may beprescribed, accompanied by the prescribed fee, to theDirector General for approval of the transfer to him of thelicense in respect of those premises.

Section 16Licensee to comply withlicence

The holder of a license shall comply in every respect withthe terms and conditions thereof.

Section 17License fees

1) The Minister after consultation with the Council mayprescribe the fees payable in respect of a licence, anytransfer or renewal thereof.

PART IV Prohibition and Control of Pollution

Section 18Prescribed premises to belicensed

1) The Minister after consultation with the Council mayby order prescribe the premises (hereinafter referredto as prescribed premises) the occupation or use ofwhich by any person shall, unless he is the holder of alicense issued in respect of those premises, be anoffence under this Act.

2) The Minister, after consultation with the Council,may by order prescribe the vehicle or ship used forthe movement, transfer placement or deposit ofwastes (hereinafter referred to as prescribedconveyance) the use of which by any person shall,unless he is the holder of a licence issued in respectof the prescribed conveyance, be an offence underthis Act.

Section 19Activities causing vehicle,ship or premises tobecome prescribedconveyance or prescribedpremises

No person shall –

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

b) construct on any land any building designed for orused for a purpose that would cause the land orbuilding to become a prescribed premises,

without the prior written permission of the DirectorGeneral.

Section 20Requirement andapproval of plans

1) Every application to carry out any work, building,erection or alteration specified in Section 19 shall besubmitted to the Director General and shall beaccompanied by –

a) the plans and specifications of the proposed work,building, erection or alteration together withdetails of the control equipment if any to beinstalled;

b) a lay-out plan indicating the site of the proposedwork, building, erection or alteration which willtake place in relation to the surrounding areas;

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

d) descriptions of waste constituents and

characteristics; ande) such other information which the Director

General may require;

and the applicant shall pay the prescribed fee.

2) The Director General may grant such applicationeither subject to conditions or unconditionally andmay require the licensee to provide and bear the costof the control equipment and of a satisfactorymonitoring programme:Provided that no application shall be granted unlessthe applicant has obtained planning approval from thecompetent planning authority.

Section 21Power to specifyconditions of emission,discharge, etc.

The Minister, after consultation with the Council, may byregulations specify the acceptable conditions for theemission, discharge or deposit of environmentallyhazardous substances, pollutants or wastes or theemission of noise into any area, segment or element ofthe environment and may set aside any area, segment orelement of the environment within which the emission,discharge or deposit is prohibited or restricted.

[Note: Amended by DR 39/2000]Section 22Restrictions on pollutionof the atmosphere

1) No person shall, unless licensed, emit or dischargeany environmentally hazardous substances, pollutantsor wastes into the atmosphere in contravention of theacceptable conditions specified under Section 21.

2) Without limiting the generality of paragraph (1), aperson shall be deemed to emit or discharge wastesinto the atmosphere if –

a) he places any matter in a place where it may bereleased into the atmosphere;

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

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

d) he uses any fuel burning equipment not equippedwith any device or control equipment required tobe fitted to such equipment.

3) Any person who contravenes subsection (1) shall be

guilty of an offence and shall be liable to a fine notexceeding one hundred thousand ringgit or toimprisonment for a period not exceeding five years orto both and to a further fine not exceeding onethousand ringgit a day for every day that the offenceis continued after a notice by the Director Generalrequiring him to cease the act specified therein hasbeen served upon him.

Section 23Restrictions on noisepollution

1) No person shall, unless licensed, emit or cause orpermit to be emitted any noise greater in volume,intensity or quality in contravention of the acceptableconditions specified under Section 21.

2) Any person who contravenes subsection (1) shall beguilty of an offence and shall be liable to a fine notexceeding one hundred thousand ringgit or toimprisonment for a period not exceeding five year orto both and to a further fine not exceeding fivehundred dollars a day for every day that the offence iscontinued after a notice by the Director Generalrequiring him to cease the act specified therein hasbeen served upon him.

Section 24Restrictions on pollutionof the soil

1) No person shall, unless licensed, pollute or cause orpermit to be polluted any soil or surface of any landin contravention of the acceptable conditionsspecified under Section 21.

2) Notwithstanding the generality of paragraph (1)above, a person shall be deemed to pollute any soil orsurface of any land if –

a) he places in or on any soil or in any place where itmay gain access to any soil any matter whetherliquid, solid or gaseous; or

b) he establishes on any land a refuse dump, garbagetip, soil and rock disposal site, sludge deposit site,waste-injection well or otherwise used land forthe disposal of or a repository for solid or liquidwastes so as to be obnoxious or offensive tohuman beings or interfere with underground wateror be detrimental to any beneficial use of the soilor the surface of the land.

3) Any person who contravenes subsection (1) shall be

guilty of an offence and shall be liable to a fine notexceeding one hundred thousand ringgit or toimprisonment for a period not exceeding five years orto both and to a further fine not exceeding onethousand ringgit a day for every day that the offenceis continued after a notice by the Director Generalrequiring him to cease the act specified therein hasbeen served upon him.

Section 25Restriction on pollution ofinland waters

1) No person shall, unless licensed, emit, discharge ordeposit any environmentally hazardous substances,pollutants or wastes into any inland waters incontravention of the acceptable conditions specifiedunder Section 21.

2) Without limiting the generality of paragraph (1), aperson shall be deemed to emit, discharge or depositwastes into inland waters if –

a) he places any wastes in or on any waters or in aplace 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 blownor percolates or is likely to fall, descend, drain,evaporate or be washed, be blown or percolatedinto any waters, or knowingly or through hisnegligence, whether directly or indirectly, causesor permits any wastes to be placed in such aposition; or

c) he causes the temperature of the receiving watersto be raised or lowered by more than theprescribed limits.

3) Any person who contravenes subsection (1) shall beguilty of an offence and shall be liable to a fine notexceeding one hundred thousand ringgit or toimprisonment for a period not exceeding five years orto both and to a further fine not exceeding onethousand ringgit a day for every day that the offenceis continued after a notice by the Director Generalrequiring him to cease the act specified therein hasbeen served upon him.

Section 27Prohibition of dischargeof oil into Malaysian

1) No person shall, unless licensed, discharge or spill any oil ormixture containing oil into Malaysian waters in contravention ofthe acceptable conditions specified under Section 21.

waters 2) Any person who contravenes subsection (1) shall beguilty of an offence and shall be liable to a fine notexceeding five thousand ringgit or to imprisonmentnot exceeding five years or to both.

Section 28Special defences

Where any person is charged for any offence underSection 27 it shall be a defence to prove that suchdischarge or spillage was –

a) for the purpose of securing the safety of thevessel;

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 orto reduce the spillage;

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

e) the result of an effluent produced by operation forthe refining of oil and that all reasonable stepshad been taken to eliminate oil from the effluentand that it was not reasonably practicable todispose of the effluent otherwise than bydischarging or spilling it into Malaysian waters.

Section 29Prohibition of dischargeof wastes into Malaysianwaters

1) No person shall, unless licensed, dischargeenvironmentally hazardous substances, pollutants orwastes into the Malaysian waters in contravention ofthe acceptable conditions specified under Section 21.

2) Any person who contravenes subsection (1) shall beguilty of an offence and shall be liable to a fine notexceeding five hundred thousand ringgit or toimprisonment not exceeding five years or to both.

Section 29AProhibition on openburning

1) Notwithstanding anything to the contrary contained inthis Act, no person shall allow or cause open burningon any premises.

2) Any person who contravenes subsection (1) shall beguilty of an offence and shall, on conviction, be liableto a fine not exceeding five hundred thousand ringgitor to imprisonment for a term not exceeding fiveyears or to both.

3) For purposes of subsection (1) –

Open Burning means any fire, combustion orsmouldering that occurs in the open air and which isnot directed there through a chimney or stack.

Premises includes any land.

[Note: Amended by DR 39/2000]Section 29AAExclusion from “openburning”

1) The Minister may by order published in the Gazettedeclare that any fire, combustion or smouldering forthe purpose of any activity specified in that order isnot open burning as defined in and for the purpose ofsection 29A so long as such activity is carried out inaccordance with or under such conditions as may bespecified in the order and not in the place or areaspecified in the order.

2) Notwithstanding that any fire, combustion orsmouldering is excluded from the definition of openburning under subsection (1) or that it is for thepurpose of any activity specified in an order madeunder subsection (1) , no person shall allow or causesuch fire, combustion or smouldering to occur in anyarea if the Director General notifies, by such meansand in such manner as he thinks expedient, –

a) that the air quality in the area has reached an unhealthylevel; and

b) that the fire, combustion or smouldering for the purpose ofany activity other than those specified in the notificationwould be hazardous to the environment.

3) In addition to the circumstances referred to in subsection (2), theMinister may by order published in the Gazette specify thecircumstances in which no person shall cause any fire,combustion or smouldering for the purpose of any activityspecified in the order to occur notwithstanding that it is excludedfrom the definition of open burning under subsection (1) or thatit is for the purpose of any activity specified in an order madeunder subsection (1).

[Note: Amended. by DR 39/2000]Section 29BOwner or occupier ofpremises liable for openburning

If open burning occurs on any premises –

a) the owner; orb) the occupier,

of the premises who has control over such premises shall

be deemed to have contravened subsection 29A(1) unlessthe contrary is proved.

Section 29CDefence

In any prosecution under section 29A or 29B, it shall be adefence if the person, owner or occupier of the premisesproves –

a) That the open burning occurred outside his control orwithout 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 oughtto have taken and exercised having regard tot henature of his responsibility in that capacity and to allthe circumstances.

Section 30Power to prohibit use ofany material orequipment

The Minister after consultation with the Council may byorder 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 theuse of any equipment or industrial plant,

within the areas specified in the order.

Section 30APower to control use ofsubstance and productand to stateenvironmental labelling

1) The Minister, after consultation with the Council,may by order publish in the Gazette –

a) prescribe any substances as an environmentallyhazardous substances which required thesubstances to be reduced, recycled, recovered orregulated in the manner as specified in the order;and

b) prescribe any product as a prescribed product forsale and that the product shall contain a minimumpercentage of recycled substance and to carry anappropriate declaration on its recycledconstituents, method of manufacture and disposal.

2) Any order made under subsection (1) may specifyrules on the use, design and application of the label inconnection with the sale of the substance or productwhich claims to be environmentally friendly.

3) Any person who fails or refuses to comply with theorder made under subsection (1) shall be guilty of anoffence and shall be liable to a fine not exceedingfifty thousand ringgit or to imprisonment for a periodnot exceeding five years or to both.

Section 30BPower to specify rules ondeposit and rebateschemes

The Minister, after consultation with the Council, may specify theguide-lines and procedures on deposit and rebate schemes inconnection with the disposal of products that are considered –

a) environmentally unfriendly; orb) causing adverse constraint on the environment;

for the purpose of collecting the products efficiently inorder to ensure that the recycling or disposal of theproducts is done in an environmentally sound manner.

Section 31Power to require occupierto install, operate, repair,etc.

1) Where any environmentally hazardous substances,pollutants or wastes are being or are likely to beemitted, discharged or deposited from any vehicle,ship or premises irrespective of whether the vehicle,ship or premises are prescribed under section 18 orotherwise, or from any aircraft, the Director Generalmay by notice in writing require the owner oroccupier of the vehicle, ship or premises, or aircraft,to –

a) install and operate any control equipment oradditional control equipment;

b) repair, alter or replace any equipment or controlequipment;

c) erect or increase the height of any chimney;d) measure, take a sample of, analyses record and

report any environmentally hazardous substances,pollutants, wastes, effluents or emissionscontaining pollutants;

e) conduct a study on any environmental risk;f) install, maintain and operate monitoring

programme at the expense of the owner oroccupier; or

g) adopt any measure to reduce, mitigate, disperse,remove, eliminate, destroy or dispose ofpollution,

within such time and in such manner as may bespecified in the notice.

2) Notwithstanding any other provisions to the contrary,the Director General may by notice direct the owneror occupier of any vehicle, ship, or premises, oraircraft to emit, discharge or deposit environmentallyhazardous substances, pollutants or wastes duringsuch periods of day as he may specify and maygenerally direct the manner in which the owner oroccupier shall carry out his trade, industry or processor operate any equipment, industrial plant or controlequipment therein.

3) Any person who contravenes the notice issued undersubsection (1) or (2) shall be guilty of an offence andshall be liable to a fine not exceeding twenty-fivethousand ringgit or to imprisonment for a period notexceeding two years or to both and to a further finenot exceeding one thousand ringgit a day for everyday that the offence is continued after service on himof the notice specified in subsection (1) or (2).

Section 32Owner or occupier tomaintain and operateequipment

The owner or occupier of any vehicle, ship occupier to orpremises irrespective of whether the vehicle, ship orpremises are prescribed under section 18 or otherwise, oraircraft shall maintain any equipment or controlequipment installed on the vehicle, ship or premises, oraircraft in good condition and shall operate the equipmentor control equipment in a proper and efficient manner.

Section 33Power to prohibit orcontrol licensed personsfrom discharging, etc. ofwastes in certaincircumstances

1) Where several persons are licensed under this Act toemit, discharge or deposit environmentally hazardoussubstances, pollutants or wastes into the samesegment or element of environment and appears tothe Director General that each of such persons iscomplying with the conditions of license butnevertheless the collective effect of the aggregate ofsuch wastes is likely to cause a worsening ofcondition in that segment or element of theenvironment such as to affect the health, welfare orsafety of human beings, or to threaten the existence ofany animals, birds, wildlife, fish or other aquatic life,the Director General may, by notice serve on each ofthe licensees, requiring each of them to abate suchemission, discharge or deposit in the manner andwithin the period specified in the notice.

Section 34 If the Director General is satisfied on the application of

Exemptions any person interested that it is expedient to do so for thepurpose of enabling investigation or research relevant tothe problem of pollution to be carried out withoutrendering the applicant liable to proceedings under thisAct or the regulations made thereunder, the DirectorGeneral may by notice in writing to the applicant exempt,wholly or to a limited extent any premises or anyequipment or industrial plant subject to such conditionsand for such period as may be specified in the notice.

Section 34AReport on impact onenvironment resultingfrom prescribed activities

1) The Minister, after consultation with the Council,may by order prescribe any activity which may havesignificant environmental impact as prescribedactivity.

2) Any person intending to carry out any of theprescribed activities shall, before any approval for thecarrying out of such activity is granted by the relevantapproving authority, submit a report to the DirectorGeneral. The report shall be in accordance with theguidelines prescribed by the Director General andshall contain an assessment of the impact suchactivity will have or is likely to have on theenvironment and the proposed measures that shall beundertaken to prevent, reduce or control the adverseimpact on the environment.

3) If the Director General on examining the report andafter making such inquiries as he considers necessary,is of the opinion that the report satisfies therequirements of paragraph (2) and that the measuresto be undertaken to prevent, reduce or control theadverse impact on the environment are adequate, heshall approve the report, with or without conditionsattached thereto, and shall inform the personintending to carry out the prescribed activity and therelevant approving authorities accordingly.

4) If the Director General, on examining the report andafter making such inquiries as he considers necessary,is of the opinion that the report does not satisfy therequirements of paragraph (2) or that the measures tobe undertaken to prevent, reduce or control theadverse impact on the environment are inadequate, heshall not approve the report and shall give his reasonstherefor and shall inform the person intending to

carry out the prescribed activity and the relevantapproving authorities accordingly:Provided that where such report is not approved itshall not preclude such person from revising andresubmitting the revised report to the DirectorGeneral for his approval.

5) The Director General may if he considers it necessaryrequire more than one report to be submitted to himfor his approval.

6) Any person intending to carry out a prescribedactivity shall not carry out such activity until thereport required under this Section to be submitted tothe Director General has been submitted andapproved.

7) If the Director General approves the report, theperson carrying out the prescribed activity, in thecourse of carrying out such activity, shall providesufficient proof that the conditions attached to thereport (if any) are being complied with and that theproposed measures to be taken to prevent, reduce orcontrol the adverse impact on the environment arebeing incorporated into the design, construction andoperation of the prescribed activity.

PART IVA Control of Scheduled WastesSection 34B 1) No person shall –

a) place, deposit or dispose of, or cause or permit toplace, deposit or dispose of, except at prescribedpremises only, any scheduled wastes on land orinto Malaysian waters;

b) receive or send, or cause or permit to be receivedor sent any scheduled wastes in or out ofMalaysia; or

c) transit or cause or permit the transit of scheduledwastes,

without any prior written approval of the DirectorGeneral.

2) The Director General may grant the written approvaleither subject to conditions or unconditionally.

3) For the purpose of this Act, any act of receiving orsending, or transit of any scheduled wastes with anapproval obtained through falsification,misrepresentation or fraud or which does not conformin a material way with the relevant documents in suchform as may b prescribed, shall be an offence.

4) Any person who contravenes this section shall beguilty of an offence and shall be liable to a fine notexceeding five hundred thousand ringgit or toimprisonment for a period not exceeding five years orto both.

Part VI Miscellaneous

Section 37Owner or occupier tofurnish information

1) The Director General may by notice require theowner or occupier of any vehicle, ship, premises oraircraft to furnish to him within the period as may bespecified in the notice such information relating –

a) the ownership of the vehicle, ship, premises oraircraft;

b) the use of raw materials, environmentallyhazardous substances or any process equipment,control equipment or industrial plant found on thevehicle, ship, premises or aircraft;

c) any environmentally substances, pollutants orwastes to any equipment, control equipment orindustrial plant found on such premises or as toany wastes discharged or likely to be dischargedtherefrom; or

d) any environmental risk that is likely to result fromthe use of the raw materials, environmentallyhazardous substances or process.

Section 37Power to enter andinspect

The Director General or any other officer duly authorised in writingby him may at any time enter any premises whether prescribed orotherwise and may –

a) examine and inspect any equipment, controlequipment, monitoring equipment or industrial plant,;

b) take sample of any pollutants that are emitted,discharged or deposited or are likely to be or are of aclass or kind that are usually emitted, discharged ordeposited from such premises;

c) examine any books, records or documents relating tothe performance or use of such equipment, controlequipment, monitoring equipment or industrial plant

or relating to the emission, discharge or deposit fromsuch premises;

d) photograph such premises as he considers necessaryor make copies of any books, records or documentsseen in the course of such examination; or

e) take sample of any fuel, substance or material used,likely to be used or usually used in such trade,industry or process carried on or in such premises.

Section 41Penalty for offences nototherwise provided for

Every omission or neglect to comply with, and every actdone or attempted to be done contrary to, the provisionsof this Act or any regulations made thereunder or anybreach of the conditions and restrictions subject to, orupon which, any licence is issued under this Act or anyregulations made thereunder shall be an offence againstthis Act and in respect of any such offence for which nopenalty is expressly provided the offender shall be liableto a fine not exceeding ten thousand ringgit or toimprisonment not exceeding two year or to both.

Section 51Regulations

1) In addition to and not in derogation of any of thepowers contained in any other provisions of this Act,the Minister after consultation with the Council maymake regulations.

2) Any such regulation may be general or may berestricted in operation as to time, place, persons orcircumstances whether any such time, place, personor circumstance is determined or ascertainable before,at or after the making of the regulations.

Environmental Quality (Licensing) Regulations 1977

Section SummarySection 2Form of application form

An application for any license under the Act, or for anyrenewal or transfer, shall be made to the Director-Generalin Form 1 in the Schedule. If the applicant is a bodycorporate, the application must be completed and signedby a person duly authorized in that behalf by the bodycorporate.

Section 3Form of licence

A license under the Act shall be in Form 2 in theSchedule.

Section 4Revocation andsuspension of licence

a) If the holder of a license fails to comply with any termor condition of the license, the Director-General mayrevoke the license or suspend it for such period as hethinks fit.

b) The suspension of a license amounts to a revocation ofthe license for the period of suspension.

c) The revocation or suspension of a license shall nottake effect until the licensee receives written noticethereof.

Appendix 1A

Appendix 1A

Form 1

(Regulation 2)

APPLICATION FOR * A LICENCE/RENEWAL OF ALICENCE/TRANSER OF A LICENCE UNDERTHE ENVIRONMENTAL QUALITY ACT 1974

(One copy to be completed)

The Director General of Environmental Quality,Division of Environment,Ministry of Science, Technology and Environment,First Floor, Oriental Plaza,Jalan Parry,KUALA LUMPUR

I/WE apply for a licence † …………………………………………… as required bysection

(State purpose of licence)……………………………….. of the Environmental Quality Act 1974 and give the followingparticulars:

Particulars Instruction for Completion1. (i) Name of applicant 1. (i) The name must be the full name

in the case of an individual andthe registered or statutory name inthe case of a body corporate

(ii) Address of applicant:BusinessTelephoneResidenceTelephone

(ii) The residential address need onlybe given if the applicant is anindividual

(iii) Nationality (iii) If the applicant is a bodycorporate, state place whereregistered or established

2. (i) Name of parent company 2. Applicable only if the applicant isa subsidiary company

(ii) Address of parent companyTelephone

3. (i) Name of premises 3. The word "premises" here andelsewhere in this Form refers tothe premises for which a licenceis required

(ii) Address of premisesTelephone

(iii) Location of premises4. (i) Name of previous licensee 4. (i) Applicable in the case of a

transfer of licence

Appendix 1A

(ii) Address of previous licensee(iii) Previous name of premises (iii) Applicable if name of premise has

changed(iv) Date of issue

Date of expiry(iv) Enter dates of issue and expiry of

licence in date-month-year order(v) Licence No.

File reference

The prescribed fee of $………………. is forwarded with this application. (If theapplicant is unable to ascertain or compute the amount of the fee, advice and assistance may beobtained from the Division of Environment or any branch office thereof).

I, …………………………………….., the applicant/authorized agent of the applicant,hereby declare that all information given in this application is to the best of my knowledge andbelief true and correct.

Signature of applicant or authorized agent,

…………………………………………… for and on behalf of:

(affix seal of stamp of applicant)

Address of Authorized Agent:

……………………………………………

……………………………………………

……………………………………………

___________________________________________________________________________

Note

The following licences are required by the Environmental Quality Act, 1974:

Section 18 (1) - Licence to occupy or use prescribed premises.

Section 22 (1) - Licence to emit or discharge wastes into the atmosphere incontravention of the acceptable conditions specifiedunder section 21.

Section 23 (1) - Licence to pollute or cause or permit to be polluted any soil orsurface of any land in contravention of the acceptable conditionspecified under section 21.

Section 25 (1) - Licence to emit, discharge, or deposit any wastes into any inlandwaters in contravention of the acceptable conditions specified undersection 21.

Appendix 1A

Section 29 (1) - Licence to discharge waste into Malaysian waters.

* Delete whichever is not applicable.† See note at foot of Form.

Appendix 1A

Form 2

(Regulation 3)

LICENCEAS REQUIRED BY SECTION ……….. OF

THE ENVIRONMENTAL QUALITY ACT 1974

THIS licence is issued under section 11 of the Environmental Quality Act 1974 to………………………… resident at …………………………….. and authorises the licensee to………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………… for which section ………………. Of the Act requires a licence.

This licence is subject to the conditions specified in the Schedule of Compliance attachedthereto.

This licence shall remain in force from ………………. until ………………. Unless revoked orsuspended prior to the date of expiry on account of any breach of the conditions to which it issubject.

LICENCE NUMBER ……………………………………..

…………………………………………… Director General of Environmental Quality

Licence Fee: Ringgit: RM ...………………………………………………………………………

Sen ……………………………………………

Date: ……………………………………………