Environmental Quality Act 1974 · Updated to 7 Jul 2024 · Part IV · Prohibition and Control of Pollution
29A. Prohibition on open burning
Official textFrom Laws of Malaysia Online, unchanged
Notwithstanding anything to the contrary contained in this
Act, no person shall commit, allow, instruct or cause open burning on any premises.
open burning
“open burning” means any fire, combustion or smouldering that occurs in the open air and which is not directed there through a chimney or stack; *NOTE—Any reference made in any other written law, arrangement or instruments to “territorial waters” shall in so far as such reference affects federal law means “territorial sea” and shall be construed subject to the provisions of this Act–see section 6 of the Territorial Sea Act 2012. “owner” in relation to— (a) any premises, means— (i) the registered proprietor of the premises; (ii) the lessee of a lease including a sublease of the premises, whether registered or otherwise; (iii) the agent or trustee of any of the owners described in subparagraphs (i) and (ii) of this definition or where the owner as described in subparagraphs (i) and (ii) cannot be traced or has died, his legal personal representative; or (iv) the person for the time being receiving the rent of the premises whether on his own account or as agent or trustee for any other person or as receiver or who would receive if the premises were let to a tenant; (b) any ship, means— (i) the person registered as the owner of the ship; (ii) in the absence of registration, the person owning the ship; (iii) in the case of a ship owned by any country and operated by a company which in that country is registered as the ship’s operator,
The Minister may by order published in the Gazette declare that any fire, combustion or smouldering for the purpose of any activity specified in that order is not open burning as defined under this Act so
Minister
“Minister” means the Minister charged with the responsibility for environment protection;
Environmental Quality 37
long as such activity is carried out in accordance with or under such conditions as may be specified in the order and not in the place or area specified in the order.
Notwithstanding that any fire, combustion or smouldering is excluded from the definition of open burning under subsection (2) or that it is for the purpose of any activity specified in an order made under subsection (2), the Minister, in circumstances where he considers that—
the air quality in the area has reached an unhealthy level;
and
the fire, combustion or smouldering for the purpose of any activity other than those specified in the order would be hazardous to the environment, may direct the Director General to issue a prohibition order for a specified period by such means and in such manner as he thinks expedient.
The Director General may remove a prohibition order made under subsection (3) by such means or in such manner as he thinks expedient.
Director General
“Director General” means the Director General of Environmental Quality referred to in section 3;
Any person who contravenes subsection (1) or (3) commits an offence and shall, on conviction, be liable to a fine of not less than twenty-five thousand ringgit and not exceeding one million ringgit or to imprisonment for a term not exceeding five years or both, and shall also be liable to a further fine not exceeding five 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.
29AA. (Deleted by Act A1712).
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Terms defined in s 2
Director General
Defined · s 2“Director General” means the Director General of Environmental Quality referred to in section 3;
environment
Defined · s 2“environment” means the physical factors of the surroundings of the human beings including land, water, atmosphere, climate, sound, odour, taste, the biological factors of animals and plants and the social factor of aesthetics;
Minister
Defined · s 2“Minister” means the Minister charged with the responsibility for environment protection;
open burning
Defined · s 2“open burning” means any fire, combustion or smouldering that occurs in the open air and which is not directed there through a chimney or stack; *NOTE—Any reference made in any other written law, arrangement or instruments to “territorial waters” shall in so far as such reference affects federal law means “territorial sea” and shall be construed subject to the provisions of this Act–see section 6 of the Territorial Sea Act 2012. “owner” in relation to— (a) any premises, means— (i) the registered proprietor of the premises; (ii) the lessee of a lease including a sublease of the premises, whether registered or otherwise; (iii) the agent or trustee of any of the owners described in subparagraphs (i) and (ii) of this definition or where the owner as described in subparagraphs (i) and (ii) cannot be traced or has died, his legal personal representative; or (iv) the person for the time being receiving the rent of the premises whether on his own account or as agent or trustee for any other person or as receiver or who would receive if the premises were let to a tenant; (b) any ship, means— (i) the person registered as the owner of the ship; (ii) in the absence of registration, the person owning the ship; (iii) in the case of a ship owned by any country and operated by a company which in that country is registered as the ship’s operator,
premises
Defined · s 2“premises” includes messuages, buildings, lands, and hereditaments of every tenure and any machinery or plant;
Part V
Appeal and Appeal Board
Part VI