Malaysia legislation

Section 11

of ENVIRONMENTAL QUALITY (AMENDMENT) ACT 2012

Section 11

New sections 37a, 37b and 37c

The principal Act is amended by inserting after section 37

the following sections:

“Power of investigation 37a.  (1)  The Director General or any officer duly authorized in writing by him shall have all the powers necessary to carry out an investigation under this Act.

(2)

In any case relating to the commission of an offence under this Act, the Director General or any officer duly authorized in writing by him carrying out an investigation may exercise all or any of the powers in relation to police investigation in seizable cases given by the Criminal

Procedure Code [Act 593].

Environmental Quality (Amendment)

11

Authority card 37b.  (1)  There shall be issued to the Director General or any officer duly authorized in writing by him an authority card to be signed by the Minister.

(2)

Whenever the Director General or any officer duly authorized in writing by him exercises any of the powers of enforcement under this Act, he shall produce on demand to the person against whom the power is being exercised the authority card issued to him under subsection (1).

Power of arrest 37c.  (1)  The Director General or any officer duly authorized in writing by him may arrest without warrant any person whom he reasonably believes has committed or is attempting to commit an offence under this Act.

(2)

The Director General or any officer duly authorized in writing by him making an arrest under subsection (1)

shall, without unnecessary delay, bring the person arrested to the nearest police station, and thereafter the person shall be dealt with according to the law relating to criminal procedure for the time being in force.”.

New sections 38aa and 38ab