Malaysia legislation
Section 11
Section 11
Licences
(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 conditions attached to the licence or attach new conditions thereto whether in addition to or in substitution for existing conditions and shall notify the holder of the licence of his action in that behalf; or
Environmental Quality 25
(c)
shall not grant any application for a licence in respect of any premises the use whereof as such would contravene any town planning scheme, or any law respecting the use or development of land.
(4)
The Director General shall, before varying any condition attached to the licence or attaching new conditions thereto, take into consideration—
(a)
whether it would be practicable to adapt the existing equipment, control equipment or industrial plant to conform with the varied or new condition;
(b)
the economic life of the existing equipment, control equipment or industrial plant, having regard to the date of purchase;
(c)
the quantity or degree of cut-back of emission, discharge or deposit of wastes to be achieved by the varied or new condition;
(d)
the estimated cost to be incurred by the licensee to comply with the varied or new condition; and
(e)
the nature and size of the trade, process or industry being carried out in the premises.
(5)
In any case to which paragraph (3)(c) applies, the application for the licence shall be deemed to be finally determined by the refusal to grant the application, or if an appeal is made against the refusal, upon the determination of the appeal.
Power to attach conditions to licences