Environmental Quality Act 1974 · Updated to 7 Jul 2024 · Part VI · Miscellaneous
48A. Power to test and prohibit use of vehicle
Official textFrom Laws of Malaysia Online, unchanged
The Director General or any officer duly authorized by him in writing may enter and inspect any vehicle in use and for that purpose may require any vehicle to be stopped, and may detain any vehicle during such time as is required for the inspection, and may require the driver of such vehicle to drive it to another place for the purpose of such inspection and may carry out, at the expense of the owner, all such tests and examinations as he considers desirable or necessary to satisfy himself that the provisions of his Act or any regulations made thereunder have been complied with in respect of the vehicle:
Director General
“Director General” means the Director General of Environmental Quality referred to in section 3;
Provided that no vehicle shall be detained under this section for a period exceeding forty-eight hours or such longer period as the
vehicle
“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;
Director General may by writing authorize in any particular case.
If, on such inspection, it appears to the Director General or officer that, by reason of any defects therein, such vehicle is or is likely to contravene this Act or any regulations made thereunder, he may prohibit the use of such vehicle:
Provided that where in the opinion of the Director General or officer the defects are such as can be remedied within any period not exceeding ten days, the prohibition shall not operate before the expiration of the period.
Where, under subsection (2), the Director General or officer prohibits the use of a vehicle, he shall forthwith give written notice of such prohibition to the registered owner of the vehicle and to the person in charge thereof.
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
In the case of prohibition on the grounds of such defects as are specified in the proviso to subsection (2), the notice given under subsection (3) shall specify the period within which the defects can in the opinion of such officer be remedied and may require the registered owner of the vehicle or the person in charge thereof to produce for his inspection the vehicle at such convenient time and place as may be specified in the notice.
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A prohibition order made under subsection (2) which has become effective may be removed by the Director General or any officer duly authorized by the Director General in writing if he is satisfied that the vehicle is fit for use.
Where the Director General or an officer withdraws or removes a prohibition he shall give notice of that withdrawal or removal to the registered owner of the vehicle.
The Director General or the officer may by notice in writing require the registered owners of the vehicle to produce for his inspection, at such convenient time and place as may be specified in the notice, any document relating to the vehicle.
document
“document” means any matter expressed, described, or represented in whatever manner, upon any substance, material, thing or article, including any matter embodied in a disc, tape, film, sound track or device, by means of— (a) any letter, figure, mark, symbol, signal, sign or any other form of expression, description or representation; (b) a visual recording (whether of any still or moving image); (c) a sound recording, or any electronic, magnetic, mechanical or other recording, or by any sound, electronic impulse or other data; or (d) a recording, or transmission, over a distance of any matter by any, or any combination, of the means mentioned in paragraph (a), (b) or (c), or in this paragraph;
If any person fails to comply with this section, or uses or permits to be used a vehicle at any time whilst a prohibition order under subsection (2) is in force in relation to such vehicle, he commits an offence and shall, on conviction, be liable to a fine of not less than five thousand ringgit and not exceeding fifty thousand ringgit or to imprisonment for a period not exceeding one year or to both.
48AA.
Access to computerized data
The Director General or any officer duly authorized in writing by him conducting a search under this Act shall be given access to computerized data whether stored in a computer or otherwise.
computer
“computer” means any device, identified by whatever name or description, for recording, storing, processing, retrieving or producing any information or matter, or for performing any one or more of those functions; and, where two or more computers carry out any one or more of those functions in combination, conjointly, or in succession, they shall be treated as a single computer;
For the purposes of this section, the Director General or any officer duly authorized in writing by him shall be provided with the necessary password, encryption code, decryption code, software or hardware and any other means required to enable comprehension of computerized data.
48AB.
Presumption
When any substance is suspected of being scheduled waste and such substance is contained in a number of receptacles, it shall be sufficient to analyze samples of the substance of an amount as may be
waste
“waste” includes any matter prescribed to be scheduled waste, or any matter whether in a solid, semi-solid or liquid form, or in the form of gas or vapour which is emitted, discharged or deposited in the environment in such volume, composition or manner as to cause pollution. Environmental Quality 17
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determined by the Director General and if such analysis establishes that such samples are all of the same nature and description, it shall be presumed until the contrary is proved, that the contents of all the receptacles were of the same nature and description as the samples so analyzed.
The substance referred to in subsection (1) shall, until the contrary is proved, be deemed to be scheduled waste and shall be disposed of in such manner as the Director General thinks fit.
The procedure for taking and dealing with samples shall be as prescribed by regulations.
prescribed
“prescribed” means prescribed by or under this Act or continued in operation by this Act;
48AC.
Additional powers
The Director General or any officer duly authorized in writing by him shall, for the purposes of the execution of this Act, have the power to do all or any of the following:
to require the production of any book, record, computer, industrial plant, equipment, scheduled waste, waste, environmentally hazardous substance, pollutant, licence, permit, certificate, or other document kept by any person and to inspect, examine, download, make copies or take extracts from them;
to require the production of any identification document from any person in relation to any act or offence under this
Act;
to make such enquiries as may be necessary to ascertain whether the provisions of this Act have been complied with.
48AD.
Obstruction to search
Any person who—
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refuses the Director General or any officer duly authorized in writing by him access to any vehicle, ship, aircraft or premises which the Director General or any officer duly authorized in writing by him is entitled to have under this
Act or in the execution of any duty imposed or power conferred by this Act;
assaults, obstructs, impedes or interferes with the Director
General or any officer duly authorized in writing by him in the performance of his powers under this Act; or
refuses the Director General or any officer duly authorized in writing by the Director General any information relating to an offence or suspected offence under this Act or any other information which may reasonably be required of him and which he has in his knowledge or power to give, commits an offence and shall, on conviction, be liable to a fine of not less than five thousand ringgit and not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding five years or to both.
48AE.
Joinder of offences
Notwithstanding section 164 of the Criminal Procedure Code, where a person is accused of more than one offence under this Act, the person may be charged with and tried at one trial for any number of such offences committed within any length of time.
Assistance
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;
computer
Defined · s 2“computer” means any device, identified by whatever name or description, for recording, storing, processing, retrieving or producing any information or matter, or for performing any one or more of those functions; and, where two or more computers carry out any one or more of those functions in combination, conjointly, or in succession, they shall be treated as a single computer;
Director General
Defined · s 2“Director General” means the Director General of Environmental Quality referred to in section 3;
document
Defined · s 2“document” means any matter expressed, described, or represented in whatever manner, upon any substance, material, thing or article, including any matter embodied in a disc, tape, film, sound track or device, by means of— (a) any letter, figure, mark, symbol, signal, sign or any other form of expression, description or representation; (b) a visual recording (whether of any still or moving image); (c) a sound recording, or any electronic, magnetic, mechanical or other recording, or by any sound, electronic impulse or other data; or (d) a recording, or transmission, over a distance of any matter by any, or any combination, of the means mentioned in paragraph (a), (b) or (c), or in this paragraph;
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;
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;
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;
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;
waste
Defined · s 2“waste” includes any matter prescribed to be scheduled waste, or any matter whether in a solid, semi-solid or liquid form, or in the form of gas or vapour which is emitted, discharged or deposited in the environment in such volume, composition or manner as to cause pollution. Environmental Quality 17