Environmental Quality Act 1974 · Updated to 7 Jul 2024 · Part III · Licences
17. Licence fees
Official textFrom Laws of Malaysia Online, unchanged
The Minister after consultation with the Council may prescribe the fees payable in respect of a licence, any transfer or renewal thereof.
Minister
“Minister” means the Minister charged with the responsibility for environment protection;
Different fees may be prescribed according to any one or more of the following factors:
prescribed
“prescribed” means prescribed by or under this Act or continued in operation by this Act;
the class of premises;
the location of such premises;
the quantity of wastes discharged;
the pollutant or class of pollutants discharged;
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the existing level of pollution.
Where upon inspection it is ascertained that the pollutants or class of pollutants discharged, emitted or deposited is different from or the quantity of wastes discharged, emitted or deposited is greater than, that declared by the occupier in his application for or renewal of licence, the Director General may recover such fees as would have been payable in respect of that pollutant or class of pollutant or extra quantity of discharge, emission or deposit.
pollutants
“pollutants” means any natural or artificial substances, whether in a solid, semi-solid or liquid form, or in the form of gas or vapour, or in a mixture of at least two of these substances, or any objectionable odour or noise or heat emitted, discharged or deposited or is likely to be emitted, discharged or deposited from any source which can directly or indirectly cause pollution and includes any environmentally hazardous substances;
In calculating the fees payable under subsection (3), the occupier shall be deemed to have discharged, emitted or deposited that pollutant or class of pollutants or that quantity of wastes for a period of six months preceding the inspection or, if the application for or renewal of licence was made less than six months before the inspection, for the period beginning from the application up to the inspection.
occupier
“occupier” means a person in occupation or control of— (a) any premises; (b) in relation to premises where different parts of which are occupied by different persons, the respective persons in occupation or control of each part; or (c) any vehicle, ship or aircraft;
No additional fees shall be payable under subsections (3)
and (4) if the additional sum payable is less than ten per centum of the fees paid by the occupier during the corresponding period.
Terms defined in s 2
Council
Defined · s 2“Council” means the Environmental Quality Council established under section 4; Environmental Quality 11
Director General
Defined · s 2“Director General” means the Director General of Environmental Quality referred to in section 3;
Minister
Defined · s 2“Minister” means the Minister charged with the responsibility for environment protection;
occupier
Defined · s 2“occupier” means a person in occupation or control of— (a) any premises; (b) in relation to premises where different parts of which are occupied by different persons, the respective persons in occupation or control of each part; or (c) any vehicle, ship or aircraft;
pollutants
Defined · s 2“pollutants” means any natural or artificial substances, whether in a solid, semi-solid or liquid form, or in the form of gas or vapour, or in a mixture of at least two of these substances, or any objectionable odour or noise or heat emitted, discharged or deposited or is likely to be emitted, discharged or deposited from any source which can directly or indirectly cause pollution and includes any environmentally hazardous substances;
pollution
Defined · s 2“pollution” means an act or process, whether natural or artificial, resulting in the introduction of any pollutant into the environment in contravention of the acceptable conditions as specified in the regulations made under section 21;
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;
Part IV
Prohibition and Control of Pollution
Part V
Appeal and Appeal Board
Part VI