Environmental Quality Act 1974 · Updated to 7 Jul 2024 · Part IV · Prohibition and Control of Pollution
Section 31A
Official textFrom Laws of Malaysia Online, unchanged
The Minister, after consultation with the Council, may by order published in the Gazette specify the circumstances whereby the
Minister
“Minister” means the Minister charged with the responsibility for environment protection;
Director General may issue a prohibition order to the owner or occupier of any industrial plant or process to prevent its continued operation and release of environmentally hazardous substances, pollutants or wastes either absolutely or conditionally, or for such period as he may direct, or until requirements to make remedy as directed by him have been complied with.
Director General
“Director General” means the Director General of Environmental Quality referred to in section 3;
The Minister, in circumstances where he considers that the environment, public health or safety is under or likely to be under serious threat, may direct the Director General—
environment
“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;
to issue an order requiring a person to cease all acts that have resulted in the release of environmentally hazardous substances, pollutants or wastes; and
to effect and render any machinery, equipment, plant or process of the person inoperable.
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Any person who contravenes a prohibition order issued under subsection (1) or any order made under subsection (2) commits an offence and shall, on conviction, be punished with imprisonment for a term not exceeding five years and shall also be liable to a fine of not less than fifty thousand ringgit and not exceeding one million ringgit.
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;
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;
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;
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;
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;
Part V
Appeal and Appeal Board
Part VI