The Environmental Quality Act 1974 (“the Act”) is an Act relating to the prevention, abatement, and control of pollution, and enhancement of the environment. Amongst others, the Act establishes measures to regulate and prohibit pollution.

Parliament’s latest amendments to the Act, which recently came into force on 7 July 2024, further enhanced the measures and controls in place. Most notably, there are new or increased penalties for multiple offences, including the following: -

• breach of a licence under the Act;
• emitting or discharging any environmentally hazardous substances, pollutants or wastes into the atmosphere in contravention of the acceptable conditions specified, without a licence;
• emitting or causing/permitting to be emitted any noise greater in volume, intensity or quality in contravention of the acceptable conditions, without a licence;
• polluting or causing/permitting to be polluted any soil or surface of any land in contravention of the acceptable conditions specified, without a licence;
• emitting, discharging or depositing any environmentally hazardous substances, pollutants or wastes into any inland waters in contravention of the acceptable conditions specified, without a licence;
• discharging or spilling any oil or mixture containing oil into Malaysian waters in contravention of the acceptable conditions specified, without a licence;
• discharging environmentally hazardous substances, pollutants or wastes into the Malaysian waters in contravention of the acceptable conditions specified, without a licence;
• breaching various prescription or prohibition orders issued by the Minister; and
• failure to furnish information when required to by the Minister or furnishing false or misleading information.

Many of these offences now carry a minimum fine (with a minimum ranging from RM5,000.00 to RM100,0000.00), which may also be imposed together with a term of imprisonment and an additional fine for every day during which the offence continues after being served a notice by the Director General for the act to be ceased.

Further, some offences now have a mandatory imprisonment penalty, such as the contravention of a prohibition order or stop work order under Sections 31A and 34AA of the Act.

Please refer to the Environmental Quality (Amendment) Act 2024 for the full list of amendments.

These amendments signal a stricter approach to activities that may harm or pollute the environment. Therefore, it is crucial for businesses to take necessary precautions and implement measures to ensure their operations do not negatively impact the environment.

*Written by Priscilla Faith Lim (Associate)

For any related enquiries, please contact our Partner, David Mathew (davidmathew@stsp.my) or Associate, Priscilla Faith Lim (priscillalim@stsp.my)  

The content of this article is of a general nature and does not constitute legal or other advice or the provision of legal or other professional services, and shall not be relied upon as such.

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