Environmental Quality Act 1974 · Updated to 7 Jul 2024 · Part IV · Prohibition and Control of Pollution
29B. Owner or occupier of premises liable for open burning
Official textFrom Laws of Malaysia Online, unchanged
If open burning occurs 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 owner; or
owner
“owner” shall include the country; or (iv) the agent or trustee of any of the owners described in subparagraphs (i), (ii) and (iii), or where the owner as described in subparagraphs (i) and (ii) cannot be traced or has died, his legal personal representative; (c) any vehicle or aircraft, means the person registered as the owner of the vehicle or aircraft; Environmental Quality 15
the occupier, of the premises who has control over such premises shall be deemed to have contravened subsection 29A(1) unless the contrary is proved.
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;
Terms defined in s 2
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;
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,
owner
Defined · s 2“owner” shall include the country; or (iv) the agent or trustee of any of the owners described in subparagraphs (i), (ii) and (iii), or where the owner as described in subparagraphs (i) and (ii) cannot be traced or has died, his legal personal representative; (c) any vehicle or aircraft, means the person registered as the owner of the vehicle or aircraft; Environmental Quality 15
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