Environmental Quality Act 1974 · Updated to 7 Jul 2024 · Part IV · Prohibition and Control of Pollution
22. Restrictions on pollution of the atmosphere
Official textFrom Laws of Malaysia Online, unchanged
No person shall, unless licensed, emit or discharge any environmentally hazardous substances, pollutants or wastes into the atmosphere in contravention of the acceptable conditions specified under section 21.
environmentally hazardous substances
“environmentally hazardous substances” means any natural or artificial substances including any raw material, 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 living organism intended for any environmental protection, conservation and control activity, which can cause pollution;
Without limiting the generality of subsection (1), a person shall be deemed to emit or discharge wastes into the atmosphere if—
he places any matter in a place where it may be released into the atmosphere;
Environmental Quality 33
he causes or permits the discharge of odours which by virtue of their nature, concentration, volume or extent are obnoxious or offensive;
he burns any wastes of the trade, process or industry; or
he uses any fuel burning equipment not equipped with any device or control equipment required to be fitted to such equipment.
Any person who contravenes subsection (1) commits an offence and shall, on conviction, be liable to a fine of not less than ten thousand ringgit and not exceeding one million ringgit or to imprisonment for a term not exceeding five years or to both, and shall also be liable to a further fine not exceeding 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
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;
environmentally hazardous substances
Defined · s 2“environmentally hazardous substances” means any natural or artificial substances including any raw material, 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 living organism intended for any environmental protection, conservation and control activity, which can cause pollution;
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;
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 V
Appeal and Appeal Board
Part VI