Environmental Quality Act 1974 · s 31

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31. (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 environmental risk;
(f) install, maintain and operate monitoring programme at the expense of the owner or occupier; or
(g) adopt any measure to reduce, mitigate, disperse, remove, eliminate, destroy or dispose of pollution, within such time and in such manner as may be specified in the notice.

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(2) Notwithstanding any other provisions to the contrary, the
Director General may by notice direct the owner or occupier of any vehicle, ship, or premises, or aircraft to emit, discharge or deposit environmentally hazardous substances, pollutants or wastes during such periods of day as he may specify and may generally direct the manner in which the owner or occupier shall carry out his trade, industry or process or operate any equipment, industrial plant or control equipment therein.
(3) Any person who contravenes the notice issued under subsection (1) or (2) commits an offence and shall, on conviction, be liable to a fine of not less than fifty thousand ringgit and not exceeding one million 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 service on him of the notice specified in subsection (1) or (2).

Prohibition order, etc.

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s 31

(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 environmental risk;

(f)

install, maintain and operate monitoring programme at the expense of the owner or occupier; or

(g)

adopt any measure to reduce, mitigate, disperse, remove, eliminate, destroy or dispose of pollution, within such time and in such manner as may be specified in the notice.

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(2)

Notwithstanding any other provisions to the contrary, the

Director General may by notice direct the owner or occupier of any vehicle, ship, or premises, or aircraft to emit, discharge or deposit environmentally hazardous substances, pollutants or wastes during such periods of day as he may specify and may generally direct the manner in which the owner or occupier shall carry out his trade, industry or process or operate any equipment, industrial plant or control equipment therein.

(3)

Any person who contravenes the notice issued under subsection (1) or (2) commits an offence and shall, on conviction, be liable to a fine of not less than fifty thousand ringgit and not exceeding one million 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 service on him of the notice specified in subsection (1) or (2).

Prohibition order, etc.