Environmental Quality (Amendment) 1
LAWS OF MALAYSIA
Act A1712
ENVIRONMENTAL QUALITY (AMENDMENT)
ACT 2024
2 Laws of Malaysia Act A1712
Date of Royal Assent ... ... 27 May 2024
Date of publication in the ... ... 6 June 2024
Gazette
Publisher’s Copyright C
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Environmental Quality (Amendment) 3
LAWS OF MALAYSIA
Act A1712
ENVIRONMENTAL QUALITY (AMENDMENT)
ACT 2024
An Act to amend the Environmental Quality Act 1974.
[ ]
ENACTED by the Parliament of Malaysia as follows:
Short title and commencement
1. (1) This Act may be cited as the Environmental Quality
(Amendment) Act 2024.
(2) This Act comes into operation on a date to be appointed
by the Minister by notification in the Gazette.
Amendment of section 2
2. 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;’.
4 Laws of Malaysia Act A1712
Amendment of section 3
3. Subsection 3(1) of the principal Act is amended—
(a) by deleting the word “and” at the end of paragraph (n);
(b) by substituting for the full stop at the end of paragraph (o)
the words “; and”; and
(c) by inserting after paragraph (o) the following paragraph:
“(p) to determine uniforms for officers appointed
under subsection (2).”.
Amendment of section 16
4. 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.”.
Amendment of section 18
5. 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.”.
Environmental Quality (Amendment) 5
Amendment of section 19
6. Section 19 of the principal Act is amended—
(a) by renumbering the existing section as subsection (1);
and
(b) by inserting after subsection (1) as renumbered 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 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.”.
Amendment of section 22
7. 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.”.
Amendment of section 23
8. 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
6 Laws of Malaysia Act A1712
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.”.
Amendment of section 24
9. 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.”.
Amendment of section 25
10. 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.”.
Amendment of section 27
11. 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.”.
Environmental Quality (Amendment) 7
Amendment of section 29
12. 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.”.
Substitution of section 29a
13. 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,
8 Laws of Malaysia Act A1712
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
14. The principal Act is amended by deleting section 29aa.
Amendment of section 30a
15. 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.”.
Amendment of section 31
16. 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
Environmental Quality (Amendment) 9
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).”.
Amendment of section 31a
17. 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.”.
Amendment of section 32
18. Section 32 of the principal Act is amended—
(a) by renumbering the existing section as subsection (1);
and
(b) by inserting after subsection (1) as renumbered 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 five thousand ringgit and not exceeding
one 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 take action as specified therein has been served
on him.”.
10 Laws of Malaysia Act A1712
Amendment of section 33
19. 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).”.
Amendment of section 34a
20. 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.”.
Amendment of section 34aa
21. 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.”.
Environmental Quality (Amendment) 11
Amendment of section 34b
22. 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.”.
Amendment of section 37
23. 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.”.
Amendment of section 41
24. 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”.
Amendment of section 45
25. 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
12 Laws of Malaysia Act A1712
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.”.
Amendment of section 48
26. 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.”.
Amendment of section 48a
27. Subsection 48 a (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”.
Amendment of section 48ad
28. Section 48ad of the principal Act is amended—
(a) in the English language text, by substituting for the words
“shall be guilty of an offence and shall be liable to a fine
not exceeding ten thousand ringgit or to imprisonment
for a term not exceeding two years or to both”
the words “commits an offence and shall, on conviction,
Environmental Quality (Amendment) 13
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”; and
(b) in the national language text, by substituting for the words
“boleh dikenakan denda tidak lebih daripada sepuluh ribu
ringgit atau penjara selama tempoh tidak lebih daripada
dua tahun atau kedua-duanya” the words “boleh, apabila
disabitkan, dikenakan denda tidak kurang daripada lima
ribu ringgit dan tidak melebihi satu ratus ribu ringgit
atau dipenjarakan selama tempoh tidak melebihi lima
tahun atau kedua-duanya.”.
Amendment of section 51
29. Section 51 of the principal Act is amended—
(a) in subsection (1)—
(i) by substituting for the full stop at the end of
paragraph (x) a semi colon; and
(ii) by inserting after paragraph (x) the following
paragraph:
“(y) prescribing the offences which may be
compounded.”; and
(b) by substituting for subsection (3) the following subsection:
“(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.”.
14 Laws of Malaysia Act A1712
Saving
30. (1) Any action, investigation or proceedings commenced or
pending immediately before the date of coming into operation
of this Act shall, after the date of coming into operation of this
Act, be continued as if the principal Act had not been amended
by this Act.
(2) Any obligation, liability, disqualification, penalty or
punishment accrued or incurred under the principal Act, may be
continued, enforced, imposed and be dealt with, as the case may be,
as if the principal Act had not been amended by this Act.
(3) Any rules, regulations, order, guideline or instruction made or
given under, or in accordance with, or by virtue of the principal Act,
before the date of coming into operation of this Act shall be
deemed to have been made or given under, or in accordance
with, or by virtue of, this Act, and shall continue to be in force
in relation to the persons to whom they apply until revoked.
