Malaysia legislation
Section 13
Section 13
Substitution of section 29a
The principal Act is amended by substituting for section 29a the following section:
“Prohibition on open burning 29a. (1) Notwithstanding anything to the contrary contained in this Act, no person shall commit, allow, instruct or cause open burning on any premises.
(2)
The Minister may by order published in the Gazette declare that any fire, combustion or smouldering for the purpose of any activity specified in that order is not open burning as defined under this Act so long as such activity is carried out in accordance with or under such conditions as may be specified in the order and not in the place or area specified in the order.
(3)
Notwithstanding that any fire, combustion or smouldering is excluded from the definition of open burning under subsection (2) or that it is for the purpose of any activity specified in an order made under subsection (2), the Minister, in circumstances where he considers that—
(a)
the air quality in the area has reached an unhealthy level; and
(b)
the fire, combustion or smouldering for the purpose of any activity other than those specified in the order would be hazardous to the environment, may direct the Director General to issue a prohibition order for a specified period by such means and in such manner as he thinks expedient.
(4)
The Director General may remove a prohibition order made under subsection (3) by such means or in such manner as he thinks expedient.
(5)
Any person who contravenes subsection (1) or (3)
commits an offence and shall, on conviction, be liable to a fine of not less than twenty-five thousand ringgit and not exceeding one million ringgit or to imprisonment for a term not exceeding five years or both, and shall also be liable to a further fine not exceeding five thousand ringgit for every day during which the offence continues after a notice by the Director General requiring him to cease the act specified therein has been served on him.”.
Deletion of section 29aa