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mylaw.myby aturio
In forceUpdated to 7 Jul 2024Read it in Bahasa Malaysia
Contents

Part VI · Miscellaneous

51. Regulations

(1)

In addition to and not in derogation of any of the powers contained in any other provisions of this Act, the Minister after consultation with the Council may make regulations for or with respect to—

(a)

prescribing fees for examining plans, specifications and information relating to installations or proposed installations the subject of applications for licences or for any other forms of approval given under this Act or any regulations made thereunder;

(b)

prescribing standards or criteria for the implementation of any declared environmental policy or classification for the protection of the environment and for protecting beneficial uses;

(c)

prescribing standards or criteria for determining when any matter, action or thing is poisonous, noxious, objectionable, detrimental to health, or within any other description referred to in this Act;

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(d)

prohibiting the discharge, emission, or deposit into the environment of any matter, whether liquid, solid or gaseous, and prohibiting or regulating the use of any specified fuel;

(e)

prescribing ambient air quality standards and emission standards and specifying the maximum permissible concentrations of any matter that may be present in or discharged into the atmosphere;

(ee)

prescribing ambient water quality standards and discharge standards and specifying the maximum permissible loads that may be discharged by any source into inland waters, with reference either generally or specifically to the body of waters concerned;

(f)

prohibiting the use of any equipment, facility, vehicle, or ship capable of causing pollution or regulating the construction, installation or operation thereof so as to prevent or minimize pollution;

(g)

requiring the giving of pollution warnings or alerts;

(h)

prohibiting or regulating the open burning of refuse or other combustible matter;

(i)

regulating the establishment of sites for the disposal of solid or liquid wastes on or in land;

(j)

defining objectionable noise and prescribing standards for tolerable noise;

(k)

prohibiting or regulating bathing, swimming, boating or other aquatic activity in or around any waters that may be detrimental to health or welfare or for preventing pollution;

(l)

any matter or thing which by this Act is authorized or required or permitted to be prescribed or which is necessary or expedient to be prescribed for carrying this Act into effect;

Environmental Quality 77

(m)

(Deleted by Act A636);

(n)

(Deleted by Act A636);

(o)

(Deleted by Act A636);

(p)

requiring any person handling, storing or using oil or mixture containing oil to report discharges and spillages of oil or mixture containing oil into Malaysian waters;

(q)

requiring any person handling, storing or using oil or mixture containing oil to store such substance or material and equipment necessary to deal with any oil pollution of the Malaysian waters that may arise in the course of their business;

(r)

(Deleted by Act A636);

(s)

(Deleted by Act A636);

(t)

regulating environmental audit and the submission of an audit report and the appointment of qualified person to assist the Director General in carrying out an environmental audit of any vehicle, ship or premises, irrespective of whether the vehicle, ship or premises are prescribed under section 18 or otherwise, and their manner of operation, and prescribing the fees chargeable;

(tt)

regulating any matters relating to the environmental impact assessment;

(u)

prohibiting or regulating the manufacture, storage, transportation, or the application or use, emission, discharge, or deposit into the environment, of any environmentally hazardous substances;

(v)

regulating measures to assess, control, reduce or eliminate environmental risk;

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(w)

regulating any matters relating to a competent person;

(x)

regulating the competency of training providers providing training in the environmental field;

(y)

prescribing the offences which may be compounded.

(2)

Any such regulation may be general or may be restricted in operation as to time, place, persons or circumstances whether any such time, place, person or circumstances is determined or ascertainable before, at or after the making of the regulations.

(3)

Regulations made under subsection (1) may prescribe any act in contravention of the regulations to be an offence and may prescribe penalties of a fine not exceeding one hundred thousand ringgit or imprisonment for a term not exceeding five years or to both and, in the case of a continuing offence, a sum not exceeding one thousand ringgit for every day during which the offence continues.

*NOTE—see section 30 of the Environmental Quality (Amendment) Act 2024 [Act A1712]

w.e.f. 7 July 2024 which provides the following savings provision:

“Saving

Report