Environmental Quality Act 1974 · Updated to 7 Jul 2024 · Part IV · Prohibition and Control of Pollution
Section 31
Official textFrom Laws of Malaysia Online, unchanged
Where any environmentally hazardous substances, pollutants or wastes are being or are likely to be emitted, discharged or deposited from any vehicle, ship or premises irrespective of whether the vehicle, ship or premises are prescribed under section 18 or otherwise, or from any aircraft, the Director General may by notice in writing require the owner or occupier of the vehicle, ship or premises, or aircraft, to—
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;
install and operate any control equipment or additional control equipment;
control equipment
“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;
repair, alter or replace any equipment or control equipment;
erect or increase the height of any chimney;
measure, take a sample of, analyse, record and report any environmentally hazardous substances, pollutants, wastes, effluents or emissions containing pollutants;
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;
conduct a study on any environmental risk;
environmental risk
“environmental risk” means any risk, hazard or chances of bad consequences that may be brought upon the environment;
install, maintain and operate monitoring programme at the expense of the owner or occupier; or
monitoring programme
“monitoring programme” means all actions taken and equipment used for the purpose of detecting or measuring quantitatively or qualitatively the presence, amount or level of any substance, characteristic or effect;
adopt any measure to reduce, mitigate, disperse, remove, eliminate, destroy or dispose of pollution, within such time and in such manner as may be specified in the notice.
pollution
“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;
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Notwithstanding any other provisions to the contrary, the
Director General may by notice direct the owner or occupier of any vehicle, ship, or premises, or aircraft to emit, discharge or deposit environmentally hazardous substances, pollutants or wastes during such periods of day as he may specify and may generally direct the manner in which the owner or occupier shall carry out his trade, industry or process or operate any equipment, industrial plant or control equipment therein.
Director General
“Director General” means the Director General of Environmental Quality referred to in section 3;
Any person who contravenes the notice issued under subsection (1) or (2) commits an offence and shall, on conviction, be liable to a fine of not less than fifty 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 service on him of the notice specified in subsection (1) or (2).
Prohibition order, etc.
Terms defined in s 2
aircraft
Defined · s 2“aircraft” includes any kind of vehicle which may be used for the conveyance of passenger or goods by air;
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;
environmental risk
Defined · s 2“environmental risk” means any risk, hazard or chances of bad consequences that may be brought upon the environment;
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;
industrial plant
Defined · s 2“industrial plant” means any plant used for the generation of power or for any industrial use or for the operation of ships, dredges, locomotives, cranes or other machines;
monitoring programme
Defined · s 2“monitoring programme” means all actions taken and equipment used for the purpose of detecting or measuring quantitatively or qualitatively the presence, amount or level of any substance, characteristic or effect;
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;
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
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;
ship
Defined · s 2“ship” includes every description of vessel or craft or floating structure;
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;
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
Appeal and Appeal Board
Part VI