Environmental Law and Regulations Environmental Quality Act 1974 (EQA 1974) Environmental Law and Regulations

Environmental Quality Act 1974 Part I – Preliminary Part II – Administration Part III – Licenses Part IV – Prohibition and Control of Pollution Part IVA – Control of Schedule Wastes Part V – Appeal and Appeal Board Part VA – Payment of Cess and Environmental Fund Part VI – Miscellaneous

Purpose of EQA 1974 To prevent, abate and control pollution, and further enhancing the quality of the environment in this country. The Department of Environment has been entrusted to administer this legislation to ensure that Malaysia will continue to enjoy both industrial grow and a healthy living environment. Apply to the whole of Malaysia Provides the framework for environmental regulation in Malaysia. The EQA framework is based upon the issuing of licenses and the prescription of premises to be regulated. The Minister, in consultation with the Environment Quality Council, may prescribe the occupation or use of specific premises to be an offence unless the occupant is the holder of an appropriate license. Conditions for the occupation and use of “prescribed premises” are attached to the license by the Director General the licensing authority.

Part I Environment The physical factors of the surroundings of the human beings including land, water, atmosphere, climate, sound, odour, taste, the biological factors of animals and plants and the social factor of aesthetics Pollutants Any natural or artificial substances, whether in a solid, semisolid or liquid form or in the form of gas or vapour or in a mixture of at least 2 of these substances or any objectionable odour or noise or heat emitted, discharged or deposited or is likely to be emitted, discharged or deposited from any source which can directly or indirectly cause pollution and includes any environmentally hazardous substances Pollutions And direct or indirect alteration of the physical, thermal, chemical, or biological properties of any part of the environment by discharging, emitting, or depositing environmentally hazardous substances, pollutants or wastes so as to affect any beneficial use adversely, to cause a condition which is hazardous or potentially hazardous to public health, safety, or welfare, or to animals, birds, wildlife, fish or aquatic life, or to plants or to cause a contravention of any condition, limitation or restriction to which a license under this Act is subject

Occupier Owner A person in occupation or control of Any premises In relation to premises Any vehicle, ship or aircraft Owner The registered proprietor of the premises The lessee of the lease The agent or trustee of any owner The person for the time being receiving the rent of the premises

Part IV Prohibition and Control of Pollution Restriction on pollution of the atmosphere (Section 22) Restriction on noise pollution (Section 23) Restriction on pollution of the soil (or surface or any land) (Section 24) Restriction on pollution of inland waters (Section 25) Prohibition of discharge of oil into Malaysian waters (Section 27) Prohibition of discharge of wastes into Malaysian waters (Section 29) Prohibition of open burning (Section 29A) Environmental audit (Section 33A)

EQA 1974 - 38 Regulations and Orders Environmental Quality (Prescribed Premises) (Crude Palm-Oil) Regulations, 1977 Environmental Quality (Licensing) Regulations, 1977 Environmental Quality (Clean Air) Regulations, 1978 Environmental Quality (Prescribed Premises) (Raw Natural Rubber) Regulations, 1978 Environmental Quality (Control of Lead Concentration in Motor Gasoline) Regulations, 1985 Environmental Quality (Motor Vehicle Noise) Regulations, 1987 Environmental Quality (Prescribed Premises) (Schedule Wastes Treatment and Disposal Facilities) Regulations, 1989 Environmental Quality (Schedule Waste) Regulations, 1989 Environmental Quality (Control of Emission from Diesel Engines) Regulations, 1996 Environmental Quality (Control of Emission from Petrol Engines) Regulations, 1996

Environmental Quality (Halon Management) Regulations, 1999 Environmental Quality (Refrigerant Management) Regulations, 1999 Environmental Quality (Appeal Board) Regulations, 2003 Environmental Quality (Control of Emission from Motorcycles) Regulations, 2003 Environmental Quality (Dioxin and Furan) Regulations, 2004 Environmental Quality (Schedule Wastes) Regulations, 2005 Environmental Quality (Control of Petrol and Diesel Properties) Regulations, 2007 Environmental Quality (Schedule Wastes) (Amendment) Regulations, 2007 Environmental Quality (Sewage) Regulations, 2009 Environmental Quality (Control of Pollution From Solid Waste Transfer Station and Landfill) Regulations, 2009 Environmental Quality (Industrial Effluents) Regulations, 2009

Environmental Quality (Prescribed Premises) (Crude Palm Oil) Order, 1977 Environmental Quality (Prescribed Premises) (Raw Natural Rubber) Order, 1978 Environmental Quality (Prescribed Activities) (Environmental Impact Assessment) Order, 1987 Environmental Quality (Prescribed Premises) (Schedule Wastes Treatment and Disposal Facilities) Order, 1989 Environmental Quality (Delegation of Powers on Marine Pollution Control) Order, 1993 Environmental Quality (Prohibition on the use of Chlorofluorocarbon and Other Gases as Propellants and Blowing Agents) Order, 1993 Environmental Quality (Delegation of Powers on Marine Pollution Control) Order, 1994 Environmental Quality (Prohibition on the use of Controlled Substances in Soap, Synthetic Detergent and Other Cleaning Agents) Order, 1995 Environmental Quality (Delegation of Powers) (Investigation of Open Burning) Order, 2000

Environmental Quality (Delegation of Powers) (Halon Management) Order, 2000 Environmental Quality (Delegation of Powers) (Perbadanan Putrajaya) Order, 2002 Environmental Quality (Declared Activities) (Open Burning) Order, 2003 Environmental Quality (Prescribed Conveyance) (Schedule Wastes) Order, 2005 Environmental Quality (Delegation of Powers) Order, 2005 Environmental Quality (Compounding of Offences) Rules, 1978 Environmental Quality (Compounding of Offences) (Open Burning) Rules, 2000