Environmental Quality Act 1974 · s 48A

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48A.
Power to test and prohibit use of vehicle
(1) The Director General or any officer duly authorized by him in writing may enter and inspect any vehicle in use and for that purpose may require any vehicle to be stopped, and may detain any vehicle during such time as is required for the inspection, and may require the driver of such vehicle to drive it to another place for the purpose of such inspection and may carry out, at the expense of the owner, all such tests and examinations as he considers desirable or necessary to satisfy himself that the provisions of his Act or any regulations made thereunder have been complied with in respect of the vehicle:

Provided that no vehicle shall be detained under this section for a period exceeding forty-eight hours or such longer period as the
Director General may by writing authorize in any particular case.
(2) If, on such inspection, it appears to the Director General or officer that, by reason of any defects therein, such vehicle is or is likely to contravene this Act or any regulations made thereunder, he may prohibit the use of such vehicle:

Provided that where in the opinion of the Director General or officer the defects are such as can be remedied within any period not exceeding ten days, the prohibition shall not operate before the expiration of the period.
(3) Where, under subsection (2), the Director General or officer prohibits the use of a vehicle, he shall forthwith give written notice of such prohibition to the registered owner of the vehicle and to the person in charge thereof.
(4) In the case of prohibition on the grounds of such defects as are specified in the proviso to subsection (2), the notice given under subsection (3) shall specify the period within which the defects can in the opinion of such officer be remedied and may require the registered owner of the vehicle or the person in charge thereof to produce for his inspection the vehicle at such convenient time and place as may be specified in the notice.

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(5) A prohibition order made under subsection (2) which has become effective may be removed by the Director General or any officer duly authorized by the Director General in writing if he is satisfied that the vehicle is fit for use.
(6) Where the Director General or an officer withdraws or removes a prohibition he shall give notice of that withdrawal or removal to the registered owner of the vehicle.
(7) The Director General or the officer may by notice in writing require the registered owners of the vehicle to produce for his inspection, at such convenient time and place as may be specified in the notice, any document relating to the vehicle.
(8) If any person fails to comply with this section, or uses or permits to be used a vehicle at any time whilst a prohibition order under subsection (2) is in force in relation to such vehicle, he commits an offence and shall, on conviction, be liable to a fine of not less than five thousand ringgit and not exceeding fifty thousand ringgit or to imprisonment for a period not exceeding one year or to both.

48AA.
Access to computerized data
(1) The Director General or any officer duly authorized in writing by him conducting a search under this Act shall be given access to computerized data whether stored in a computer or otherwise.
(2) For the purposes of this section, the Director General or any officer duly authorized in writing by him shall be provided with the necessary password, encryption code, decryption code, software or hardware and any other means required to enable comprehension of computerized data.

48AB.
Presumption
(1) When any substance is suspected of being scheduled waste and such substance is contained in a number of receptacles, it shall be sufficient to analyze samples of the substance of an amount as may be

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determined by the Director General and if such analysis establishes that such samples are all of the same nature and description, it shall be presumed until the contrary is proved, that the contents of all the receptacles were of the same nature and description as the samples so analyzed.
(2) The substance referred to in subsection (1) shall, until the contrary is proved, be deemed to be scheduled waste and shall be disposed of in such manner as the Director General thinks fit.
(3) The procedure for taking and dealing with samples shall be as prescribed by regulations.

48AC.
Additional powers
The Director General or any officer duly authorized in writing by him shall, for the purposes of the execution of this Act, have the power to do all or any of the following:
(a) to require the production of any book, record, computer, industrial plant, equipment, scheduled waste, waste, environmentally hazardous substance, pollutant, licence, permit, certificate, or other document kept by any person and to inspect, examine, download, make copies or take extracts from them;
(b) to require the production of any identification document from any person in relation to any act or offence under this
Act;
(c) to make such enquiries as may be necessary to ascertain whether the provisions of this Act have been complied with.

48AD.
Obstruction to search
Any person who—

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(a) refuses the Director General or any officer duly authorized in writing by him access to any vehicle, ship, aircraft or premises which the Director General or any officer duly authorized in writing by him is entitled to have under this
Act or in the execution of any duty imposed or power conferred by this Act;
(b) assaults, obstructs, impedes or interferes with the Director
General or any officer duly authorized in writing by him in the performance of his powers under this Act; or
(c) refuses the Director General or any officer duly authorized in writing by the Director General any information relating to an offence or suspected offence under this Act or any other information which may reasonably be required of him and which he has in his knowledge or power to give, commits an offence and shall, on conviction, be liable to a fine of not less than five thousand ringgit and not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding five years or to both.

48AE.
Joinder of offences
Notwithstanding section 164 of the Criminal Procedure Code, where a person is accused of more than one offence under this Act, the person may be charged with and tried at one trial for any number of such offences committed within any length of time.

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s 48APower to test and prohibit use of vehicle

(1)

The Director General or any officer duly authorized by him in writing may enter and inspect any vehicle in use and for that purpose may require any vehicle to be stopped, and may detain any vehicle during such time as is required for the inspection, and may require the driver of such vehicle to drive it to another place for the purpose of such inspection and may carry out, at the expense of the owner, all such tests and examinations as he considers desirable or necessary to satisfy himself that the provisions of his Act or any regulations made thereunder have been complied with in respect of the vehicle:

Provided that no vehicle shall be detained under this section for a period exceeding forty-eight hours or such longer period as the

Director General may by writing authorize in any particular case.

(2)

If, on such inspection, it appears to the Director General or officer that, by reason of any defects therein, such vehicle is or is likely to contravene this Act or any regulations made thereunder, he may prohibit the use of such vehicle:

(3)

Where, under subsection (2), the Director General or officer prohibits the use of a vehicle, he shall forthwith give written notice of such prohibition to the registered owner of the vehicle and to the person in charge thereof.

(4)

In the case of prohibition on the grounds of such defects as are specified in the proviso to subsection (2), the notice given under subsection (3) shall specify the period within which the defects can in the opinion of such officer be remedied and may require the registered owner of the vehicle or the person in charge thereof to produce for his inspection the vehicle at such convenient time and place as may be specified in the notice.

(5)

A prohibition order made under subsection (2) which has become effective may be removed by the Director General or any officer duly authorized by the Director General in writing if he is satisfied that the vehicle is fit for use.

(6)

Where the Director General or an officer withdraws or removes a prohibition he shall give notice of that withdrawal or removal to the registered owner of the vehicle.

(7)

The Director General or the officer may by notice in writing require the registered owners of the vehicle to produce for his inspection, at such convenient time and place as may be specified in the notice, any document relating to the vehicle.

(8)

If any person fails to comply with this section, or uses or permits to be used a vehicle at any time whilst a prohibition order under subsection (2) is in force in relation to such vehicle, he commits an offence and shall, on conviction, be liable to a fine of not less than five thousand ringgit and not exceeding fifty thousand ringgit or to imprisonment for a period not exceeding one year or to both.

48AA.

Access to computerized data

(1)

The Director General or any officer duly authorized in writing by him conducting a search under this Act shall be given access to computerized data whether stored in a computer or otherwise.

(2)

For the purposes of this section, the Director General or any officer duly authorized in writing by him shall be provided with the necessary password, encryption code, decryption code, software or hardware and any other means required to enable comprehension of computerized data.

48AB.

Presumption

(1)

When any substance is suspected of being scheduled waste and such substance is contained in a number of receptacles, it shall be sufficient to analyze samples of the substance of an amount as may be

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determined by the Director General and if such analysis establishes that such samples are all of the same nature and description, it shall be presumed until the contrary is proved, that the contents of all the receptacles were of the same nature and description as the samples so analyzed.

(2)

The substance referred to in subsection (1) shall, until the contrary is proved, be deemed to be scheduled waste and shall be disposed of in such manner as the Director General thinks fit.

(3)

The procedure for taking and dealing with samples shall be as prescribed by regulations.

48AC.

Additional powers

The Director General or any officer duly authorized in writing by him shall, for the purposes of the execution of this Act, have the power to do all or any of the following:

(a)

to require the production of any book, record, computer, industrial plant, equipment, scheduled waste, waste, environmentally hazardous substance, pollutant, licence, permit, certificate, or other document kept by any person and to inspect, examine, download, make copies or take extracts from them;

(b)

to require the production of any identification document from any person in relation to any act or offence under this

Act;

(c)

to make such enquiries as may be necessary to ascertain whether the provisions of this Act have been complied with.

48AD.

Obstruction to search

Any person who—

(a)

refuses the Director General or any officer duly authorized in writing by him access to any vehicle, ship, aircraft or premises which the Director General or any officer duly authorized in writing by him is entitled to have under this

Act or in the execution of any duty imposed or power conferred by this Act;

(b)

assaults, obstructs, impedes or interferes with the Director

General or any officer duly authorized in writing by him in the performance of his powers under this Act; or

(c)

refuses the Director General or any officer duly authorized in writing by the Director General any information relating to an offence or suspected offence under this Act or any other information which may reasonably be required of him and which he has in his knowledge or power to give, commits an offence and shall, on conviction, be liable to a fine of not less than five thousand ringgit and not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding five years or to both.

48AE.

Joinder of offences

Notwithstanding section 164 of the Criminal Procedure Code, where a person is accused of more than one offence under this Act, the person may be charged with and tried at one trial for any number of such offences committed within any length of time.

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