ENVIRONMENTAL QUALITY (AMENDMENT) ACT 2024

The Environmental Quality Act 1974 [Act 127], which is referred to as the “principal Act” in this Act, is amended in section 2 by inserting after the definition of “oil” the following definition:

‘ “open burning” means any fire, combustion or smouldering that occurs in the open air and which is not directed there through a chimney or stack;’.

ENVIRONMENTAL QUALITY (AMENDMENT)

ACT 2024

Section 16 of the principal Act is amended by substituting for subsection (2) the following subsection:

“(2)  Any holder of a licence who contravenes subsection (1)

commits an offence and shall, on conviction, be liable to a fine of not less than twenty-five thousand ringgit and not exceeding two hundred and fifty thousand ringgit or to imprisonment for a term not exceeding five years or to both, and shall also be liable to a further fine of one thousand ringgit for every day during which the offence continues after a notice by the Director General requiring him to comply with such term or condition specified therein has been served on him.”.

Section 18 of the principal Act is amended by substituting for subsection (3) the following subsection:

“(3)  Any person who contravenes subsection (1) or (1a)

commits an offence and shall, on conviction, be liable to a fine of not less than twenty-five thousand ringgit and not exceeding two hundred and fifty thousand ringgit or to imprisonment for a term not exceeding five years or to both, and shall also be liable to a further fine of one 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.”.

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Section 22 of the principal Act is amended by substituting for subsection (3) the following subsection:

“(3)  Any person who contravenes subsection (1) commits an offence and shall, on conviction, be liable to a fine of not less than ten thousand ringgit and not exceeding one million ringgit or to imprisonment for a term not exceeding five years or to both, and shall also be liable to a further fine not exceeding one 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.”.

Section 23 of the principal Act is amended by substituting for subsection (2) the following subsection:

“(2)  Any person who contravenes subsection (1) commits an offence and shall, on conviction, be liable to a fine of not less than ten thousand ringgit and not exceeding two hundred and fifty thousand ringgit or to imprisonment for a term not exceeding five years or to both, and shall also be liable to a further fine not exceeding one 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.”.

Section 24 of the principal Act is amended by substituting for subsection (3) the following subsection:

“(3)  Any person who contravenes subsection (1) commits an offence and shall, on conviction, be liable to a fine of not less than fifty thousand ringgit and not exceeding five hundred thousand ringgit or to imprisonment for a term not exceeding five years or to both, and shall also be liable to a further fine not exceeding one 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.”.

Section 25 of the principal Act is amended by substituting for subsection (3) the following subsection:

“(3)  Any person who contravenes subsection (1) 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 ten million ringgit.”.

Section 27 of the principal Act is amended by substituting for subsection (2) the following subsection:

“(2)  Any person who contravenes subsection (1) commits an offence and shall, on conviction, be liable to a fine of not less than one hundred thousand ringgit and not exceeding ten million ringgit or to imprisonment for a term not exceeding five years or to both.”.

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Section 29 of the principal Act is amended by substituting for subsection (2) the following subsection:

“(2)  Any person who contravenes subsection (1) commits an offence and shall, on conviction, be liable to a fine of not less than fifty thousand ringgit and not exceeding ten million ringgit or to imprisonment for a term not exceeding five years or to both.”.

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.

The principal Act is amended by deleting section 29aa.

Section 30a of the principal Act is amended by substituting for subsection (3) the following subsection:

“(3)  Any person who fails or refuses to comply with the order made under subsection (1) commits an offence and shall, on conviction, be liable to a fine of not less than twenty-five thousand ringgit and not exceeding two hundred and fifty thousand ringgit or to imprisonment for a term not exceeding five years or to both.”.

Section 31 of the principal Act is amended by substituting for subsection (3) the following subsection:

“(3)  Any person who contravenes the notice issued under subsection (1) or (2) commits an offence and shall, on conviction, be liable to a fine of not less than fifty thousand

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ringgit and not exceeding one million ringgit or to imprisonment for a term not exceeding five years or to both, and shall also be liable to a further fine not exceeding one thousand ringgit for every day during which the offence continues after service on him of the notice specified in subsection (1)

or (2).”.

Section 31a of the principal Act is amended by substituting for subsection (3) the following subsection:

“(3)  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.”.

Section 33 of the principal Act is amended by substituting for subsection (2) the following subsection:

“(2)  Any person who contravenes the notice issued under subsection (1) commits an offence and shall, on conviction, be liable to a fine of not less than fifty thousand ringgit and not exceeding one million ringgit or to imprisonment for a term not exceeding five years or to both, and shall also be liable to a further fine not exceeding one thousand ringgit for every day during which the offence continues after service on him of the notice specified in subsection (1).”.

Section 34a of the principal Act is amended by substituting for subsection (8) the following subsection:

“(8)  Any person who contravenes this section 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 one hundred thousand ringgit and not exceeding one million ringgit.”.

Section 34aa of the principal Act is amended by substituting for subsection (3) the following subsection:

“(3)  Any person who contravenes a prohibition order or stop work order under this section 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 one hundred thousand ringgit and not exceeding one million ringgit.”.

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Section 34b of the principal Act is amended by substituting for subsection (4) the following subsection:

“(4)  Any person who contravenes this section 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 one hundred thousand ringgit and not exceeding ten million ringgit.”.

Section 37 of the principal Act is amended by substituting for subsection (2) the following subsection:

“(2)  Any person who, when required by the Director General to answer any question or to furnish any information, fails to answer such question or fails to furnish such information as is required or gives any answer or information that is false or misleading in any material respect under this section 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 term not exceeding two years or to both.”.

Section 41 of the principal Act is amended by substituting for the words “not exceeding ten thousand ringgit” the words

“of not less than five thousand ringgit and not exceeding two hundred and fifty thousand ringgit”.

Section 45 of the principal Act is amended by substituting for subsection (1) the following subsection:

“(1)  The Director General or any Deputy Director General, or any public officer, any Government Department, any local authority or any corporation to whom the Director General has delegated such power in writing, may, with the written consent of the Public Prosecutor, compound any offence under this Act or the regulations made thereunder prescribed by the Minister as an offence which may be compounded by accepting from the person reasonably suspected of having committed the offence, a sum of money not exceeding fifty per centum of the maximum fine to which the person would have been liable to if he had been convicted of the offence, within such time as may be specified in his written offer.”.

Section 48 of the principal Act is amended by substituting for subsection (2) the following subsection:

“(2)  The owner or master, or any person who causes the detained vehicle or ship to proceed to move before it is released commits an offence and shall, on conviction, be liable to a fine of not less than fifty thousand ringgit and not exceeding two hundred and fifty thousand ringgit or to imprisonment for a period not exceeding five years or to both.”.

Subsection 48a(8) of the principal Act is amended by substituting for the words “shall be guilty of an offence and shall be liable to a fine not exceeding five thousand ringgit”

the words “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”.