Environmental Quality Act 1974 · Updated to 7 Jul 2024 · Part IV · Prohibition and Control of Pollution
18. Prescribed premises to be licensed
Official textFrom Laws of Malaysia Online, unchanged
The Minister after consultation with the Council may by order prescribe the premises (hereinafter referred to as prescribed premises) the occupation or use of which by any person shall, unless he is the holder of a licence issued in respect of those premises, be an offence under this Act.
Minister
“Minister” means the Minister charged with the responsibility for environment protection;
The Minister, after consultation with the Council, may by order prescribe the vehicle or ship used for the movement, transfer, placement or deposit of wastes (hereinafter referred to as prescribed conveyance) the use of which by any person shall, unless he is the
Council
“Council” means the Environmental Quality Council established under section 4; Environmental Quality 11
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holder of a licence issued in respect of the prescribed conveyance, be an offence under this Act.
prescribed conveyance
“prescribed conveyance” means a vehicle or ship prescribed by the Minister under section 18 as a prescribed conveyance;
Subsection (1) do not apply to a person—
who, on the date of the coming into operation of this Act, is the occupier of prescribed premises, and within the prescribed period after that date makes application for a licence in respect of those prescribed premises;
who, where by virtue of any order made by the Minister from time to time amending any previous order made under this section, premises not previously prescribed premises become prescribed premises, is, consequent upon the order, the occupier of any prescribed premises, and who within the prescribed period after the publication of the order in the
Gazette makes application for a licence in respect of those prescribed premises;
who has made application for the transfer to him of a licence in respect of any prescribed premises and made the application within the prescribed period after he became the occupier of those prescribed premises, until his application has been finally determined.
Any person who contravenes subsection (1) or (1A) commits an offence and shall, on conviction, be liable to a fine of not less than twenty-five thousand ringgit and not exceeding two hundred and fifty thousand ringgit or to imprisonment for a term not exceeding five years or to both, and shall also be liable to a further fine of one thousand ringgit for every day during which the offence continues after a notice by the Director General requiring him to cease the act specified therein has been served on him.
Director General
“Director General” means the Director General of Environmental Quality referred to in section 3;
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;
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;
prescribed conveyance
Defined · s 2“prescribed conveyance” means a vehicle or ship prescribed by the Minister under section 18 as a prescribed conveyance;
prescribed premises
Defined · s 2“prescribed premises” means any premises prescribed by the Minister under section 18;
ship
Defined · s 2“ship” includes every description of vessel or craft or floating structure;
vehicle
Defined · s 2“vehicle” means a structure capable of moving or being moved or used for the conveyance of any person or thing and which maintains contact with the ground when in motion;
Part V
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Part VI