Environmental Quality Act 1974 · Updated to 7 Jul 2024 · Part III · Licences
12. Power to attach conditions to licences
Official textFrom Laws of Malaysia Online, unchanged
Without affecting the generality of section 11, any condition attached to a licence by the Director General—
Director General
“Director General” means the Director General of Environmental Quality referred to in section 3;
may require the holder of the licence—
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to repair, alter or replace any equipment in or on any premises specified in the licence;
to install and operate control equipment in or on any premises specified in the licence;
to repair, alter or replace any control equipment installed in or on any premises specified in the licence;
at his own expense, to conduct a monitoring programme designed to provide the Director General with information concerning the characteristics, quantity or effects of the emission, discharge or deposit in respect of which the licence is issued, which information recorded by such programme shall be supplied to the Director General at such time and in such manner as may be specified by the Director
General; or
to carry out any of the requirements imposed on him under the foregoing provisions of this paragraph within such period as may be specified in the conditions; or
may prohibit the holder of the licence from altering or replacing any control equipment installed in or on any premises specified in the licence except with the prior written permission of the Director General.
Where under this Act a right of appeal is given against the decision of the Director General attaching a condition to a licence, any condition so attached has no force until the time limited for appealing against the condition has expired and, where an appeal against the condition has been duly made under this Act, until the hearing of the appeal confirms the decision of the Director General imposing the condition.
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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;
monitoring programme
Defined · s 2“monitoring programme” means all actions taken and equipment used for the purpose of detecting or measuring quantitatively or qualitatively the presence, amount or level of any substance, characteristic or effect;
premises
Defined · s 2“premises” includes messuages, buildings, lands, and hereditaments of every tenure and any machinery or plant;
Part IV
Prohibition and Control of Pollution
Part V
Appeal and Appeal Board
Part VI