Section 34A — AKTA KUALITI ALAM SEKELILING 1974

(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.

(2A)

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

(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;

(b)

ensure that the report and the recommendation do not contain any false or misleading information;

(c)

take a professional indemnity insurance for any liability arising from the environmental impact assessment and the recommendations of the environmental impact assessment.

(2C)

The report shall be in accordance with the guidelines as the

Director General may prescribe and shall contain—

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(a)

an assessment of the impact such activity will have or is likely to have on the environment; and

(b)

the proposed measures that shall be undertaken to prevent, reduce or control the adverse impact on the environment.

(3)

If the Director General on examining the report and after making such inquiries as he considers necessary, is of the opinion that the report satisfies the requirements of subsection (2C) and that the measures to be undertaken to prevent, reduce or control the adverse impact on the environment are adequate, he shall approve the report, with or without conditions attached thereto, and shall inform the person intending to carry out the prescribed activity and the relevant approving authorities accordingly.

(4)

If the Director General, on examining the report and after making such inquiries as he considers necessary, is of the opinion that—

(a)

the report is not in accordance with the development plan or physical plan approved by the relevant approving authority; or

(b)

the report does not satisfy the requirements under subsection (2C), he shall not approve the report, giving reasons for not approving, and shall inform the person and the relevant approving authority accordingly.

(5)

The Director General may require the person to submit any other report to him, in addition to the report required to be submitted under subsection 34A(2), relating to the environmental impact for his approval.

(6)

Any person intending to carry out a prescribed activity shall not carry out such activity until the report required under this section to be submitted to the Director General has been submitted and approved.

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(7)

If the Director General approves the report, the person carrying out the prescribed activity, in the course of carrying out such activity, shall provide sufficient proof that the conditions attached to the report

(if any) are being complied with and that the proposed measures to be taken to prevent, reduce or control the adverse impact on the environment are being incorporated into the design, construction and operation of the prescribed activity.

(8)

Any person who contravenes this section commits an offence and shall, on conviction, be punished with imprisonment for a term not exceeding five years and shall also be liable to a fine of not less than one hundred thousand ringgit and not exceeding one million ringgit.

Prohibition order for prescribed activities

34AA. (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 section commits an offence and shall, on

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conviction, be punished with imprisonment for a term not exceeding five years and shall also be liable to a fine of not less than one hundred thousand ringgit and not exceeding one million ringgit.

PART IVA

CONTROL OF SCHEDULED WASTES

Prohibition against placing, deposit, etc., of scheduled wastes