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Environmental Quality Act, 1974
Malaysia has had environmentally-related Pollution is ‘controlled’ through the mechanism of
legislation since the early 1920s. But the licences issued by the Department of
legislation is limited in scope and inadequate for Environment. The mode of control is by
handling complex emerging environmental prescribing, by means of a ministerial regulation,
problems. So through EQA, 1974, a more that licences are mandatory for:
comprehensive form of legislation and an agency The use and occupation of prescribed premises;
to control pollution was established. Discharging or emitting wastes exceeding
acceptable conditions into the atmosphere,
EQA is an enabling piece of legislation for as well as noise pollution, polluting or
preventing, abating and controlling pollution, causing the pollution of any soil or surface of
and enhancing the environment, or for other any land;
related purposes. Pollution, as declared in EQA,
includes the direct or indirect alteration of any Emitting, discharging or depositing any
quality of the environment or any part of it by wastes or oil, in excess of acceptable
means of a positive act or act of omission. conditions, into inland waters or Malaysian
waters.
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Environmental Quality Act, 1974
The provision of "acceptable conditions" is controversial effective deterrent, especially in the case of repeat
because the polluter is not liable for prosecution if the offenders. The enforcement function of agencies such as the
discharge are within those acceptable conditions, even if the Department of Environment, Health Department, Pesticide
effluents are sufficient to severely damage the environment. Board and local authorities will be rationalized and
Most people adversely affected by pollution do not want to streamlined, and adequate training will be provided for their
seek legal remedy through common law because of the enforcement staff.
prolonged nature of such hearings and the costs incurred.
Environmental laws and regulations
Currently, 16 sets of regulations and orders are enforced by One of the three strategies embodied in EQA, 1974, is for
the Department of Environment under EQA. Despite the regulation of pollution. The other two strategies are for
government efforts to implement environmental laws and preventing and abating any form of pollution. To bring the
regulations, it has been found that enforcement measures law and other environmentally-related laws into effect, the
need to be further enhanced to ensure the full compliance laws and regulations listed below have been introduced and
with laws and regulations. are strictly enforced by the Department of Environment.
With regard to monitoring and enforcement, surveillance
capability will be strengthened. The penalty structure related
to environment offences will be revised to ensure a more
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The Laws And Regulations Strictly Enforced By The
Department Of Environment
(i)Control of agro-based water pollution Environmental Quality (Compounding of Offenses) Rules, 1978
Environmental Quality (Licensing) Regulations, 1977 (iv)Control of motor vehicle emissions
Environmental Quality (Prescribed Premises) (Crude Palm Oil) Order, Motor Vehicles (Control of Smoke and Gas Emission) Rules, 1977
1977
(made under the Road Traffic Ordinance of 1958)
Environmental Quality (Prescribed Premises) (Crude Palm Oil) Environmental Quality (Control of Lead Concentration in Motor
Regulations, 1977, and (Amendment) 1982 Gasoline) Regulations, 1985
Environmental Quality (Prescribed Premises) (Raw Natural Rubber) Environmental Quality (Motor Vehicle Noise) Regulations, 1987
Order, 1978
Environmental Quality (Prescribed Premises) (Raw Natural Rubber)
(v)Control of toxic and hazardous waste management
Regulations, 1978
Environmental Quality (Scheduled Wastes) Regulations, 1989
(ii)Control of municipal and industrial waste water pollution
Environmental Quality (Prescribed Premises) (Scheduled Wastes
Treatment and Disposal Facilities) Order, 1989
Environmental Quality (Sewage and Industrial Effluents) Regulations,
1979 Environmental Quality (Prescribed Premises) (Scheduled Wastes
Treatment and Disposal Facilities) Regulations, 1989
Environmental Quality (Prohibition on the Use of Controlled
Substance in Soap, Synthetic Detergent and Other Cleaning Agents) Promotion of Investments (Promoted Activities and Products)
Order, 1995 (Amendment) (No. 10) Order, 1990 (made under the Promotion of
Investments Act, 1986)
(iii) Control of industrial emissions
Environmental Quality (Clean Air) Regulations, 1978
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Summary of Environmental Quality Act 1974
1. Legislation is related to the prevention, abatement, control prescribe a vehicle or ship used in the movement of
of pollution and enhancement of the environment waste (called prescribe conveyance);
fine for non-compliance is max. RM50k or jail up to
2. Industrial activities are required to obtain the following 2 years or both;
approvals from the Director General of Environmental
Quality: prior written permission to construct building or work
on vehicle must be obtained;
EIA reports (for prescribed activities);
plans for buildings must be submitted for approval to
Site suitability evaluation (for non-prescribed the DG.
activities);
Written permission to construct; 4. The Minister may specify conditions for emission,
Written approval for installation of incinerator, fuel discharge or deposit of environmentally hazardous
burning equipment and chimney; substances, pollutants or wastes or the emission of
License to use and occupy (for prescribed premises) noise into any area, segment or element of the
environment
3. Prescribed premises (CPO mill, natural rubber processing
mill, treatment and disposal of scheduled waste):
must obtain license to occupy and use;
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Summary of Environmental Quality Act 1974 -
Penalty
Penalty for atmospheric pollution is max. RM100k or jail 8. A person is deem to have pollute any inland waters
term of up to 5 years or both if:
places waste in or on any waters or in any place where it may
6. Penalty for noise pollution is max. RM100k or jail term gain access to water;
of up to 5 years or both places any waste in a position where it can gain access to water;
causes the temperature of the receiving waters to be raised or
7. A person is deem to have pollute any soil or surface of lowered by more than the prescribed limits;
land if: Penalty is max. RM100k or jail term of up to 5 years or both
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Summary of Environmental Quality Act 1974
15. Any person who contravenes the notice 19. For prescribed activities EIA report to the
issued in item 14 is liable to a fine of RM25k or DG must be submitted before approval is
jail up to 2 years or both given by the relevant approving activity
16. The Minister may direct the DG to issue an 20. Prior written approval of the DG is
order to the occupier to cease all acts that required:
cause the pollution to place, deposit or dispose of scheduled
waste except at prescribed premises;
17. Any person who contravenes item 16 is
receive or send scheduled waste in or out
liable to a fine of RM50k or jail up to 2 years or
both of Malaysia;
transit any scheduled waste;
18. The DG may direct the occupier of a
premises, even if is not a prescribed
premise, or ship or vehicle to conduct an
environmental audit
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Summary of Environmental Quality Act 1974
21. Any person who is aggrieved by the aircraft
conditions set by the DG on his EIA submission 25. The DG or an authorised officer may
may appeal to the Appeal Board examine a person in order to carry out
investigation
22. For the purpose of conducting, promoting
or co-ordinating research, the Minister may 26. Any vehicle or ship used in transportation of
impose a cess or set up an Environmental waste that is unapproved can be seized by the
Fund on waste generated DG and forfeited and sold after judgement
23. The DG may issue notices to occupier of 27. DG may recover cost from the person
premises or vehicle or ship or aircraft to furnish responsible for the pollution to mitigate the
information on the equipment or products pollution
handled