Environmental Quality Act 1974 · Updated to 7 Jul 2024 · Part III · Licences
11. Licences
Official textFrom Laws of Malaysia Online, unchanged
An application for a licence or for any renewal or transfer thereof shall be made to the Director General in such form as may be prescribed and shall unless the Director General allows payment by instalments be accompanied by the prescribed fee.
Director General
“Director General” means the Director General of Environmental Quality referred to in section 3;
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.
The Director General—
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;
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
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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.
The Director General shall, before varying any condition attached to the licence or attaching new conditions thereto, take into consideration—
whether it would be practicable to adapt the existing equipment, control equipment or industrial plant to conform with the varied or new condition;
the economic life of the existing equipment, control equipment or industrial plant, having regard to the date of purchase;
the quantity or degree of cut-back of emission, discharge or deposit of wastes to be achieved by the varied or new condition;
the estimated cost to be incurred by the licensee to comply with the varied or new condition; and
the nature and size of the trade, process or industry being carried out in the premises.
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.
Terms defined in s 2
control equipment
Defined · s 2“control equipment” includes— (a) any apparatus for collecting wastes; (b) any automatic device used for securing the more efficient operation of any equipment; (c) any device to indicate or record pollution or to give warning of excessive pollution; and (d) any other device or facility used for the purpose of limiting pollution;
Director General
Defined · s 2“Director General” means the Director General of Environmental Quality referred to in section 3;
industrial plant
Defined · s 2“industrial plant” means any plant used for the generation of power or for any industrial use or for the operation of ships, dredges, locomotives, cranes or other machines;
practicable
Defined · s 2“practicable” means reasonably practicable having regard, among other things, to local conditions and circumstances and to the current state of technical knowledge and the term “practicable means” includes the provision and the efficient maintenance of plant and the proper use thereof and the supervision by or on behalf of the occupier of any process or operation;
premises
Defined · s 2“premises” includes messuages, buildings, lands, and hereditaments of every tenure and any machinery or plant;
prescribed
Defined · s 2“prescribed” means prescribed by or under this Act or continued in operation by this Act;
trade
Defined · s 2“trade” means any trade, business or undertaking whether ordinarily carried on at fixed premises or at varying places which results in the discharge of wastes and includes any activity prescribed to be a trade, business or undertaking for the purposes of this Act;
Part IV
Prohibition and Control of Pollution
Part V
Appeal and Appeal Board
Part VI