EQA 1974

Topics: Environment, Pollution, Chairman Pages: 45 (10852 words) Published: January 1, 2014
ENVIRONMENTAL QUALITY ACT, 1974
(Act 127)

ARRANGEMENT OF SECTIONS

PRELl MINARY

Section
1. Short title, application and commencement.

2. Interpretation.
PART

n

ADMINISIRATION

3.
4.
5.
6.
7.
8.
9.

Director General and other officers.
Establishment of the Environmental Quality Council.
Duration of office and eligibility for reappointment.
Disqualification, resignation and vacation from office.
Calling of meetings, quorum, voting, procedure and minutes.
Presiding officer at meeting of Council.
Remuneration.
PART111
LICENCES

10.
11.
12.
13.
14.
15.
16.
17.

Licencing authority.
Licences.
Power to attach conditions to licences.
Duration and renewal of licences.
Transfer of licences.
Register of licences.
Licensee to comply with licence.
Licence fees.

PROHIBITION AND CONTROL OF POLLUTION

18. Prescribed premises to be licenced.
19. Prohibition against causing premises to become prescribed premises.
20. Requirement and approval of plans.

Section

21. Power to specify conditions of discharge.
22. Restrictions on pollution of the atmosphere.
23. Restrictions on noise pollution.
24. Restrictions on pollution of the soil.

25. Restrictions on pollution of inland waters.
26. (Deleted by Act A6361
27. Prohibition of discharge of oil into Malaysian waters.

28. Special defences.
29. Prohibition of discharge of wastes into Malaysian waters. 30. Power to prohibit use of any material or equipment.
31. Power to require occupier to install, operate, repair, etc. 32. Occupiers to maintain and operate equipment.

33. Power to prohibit or control licenced persons from discharging, etc. of wastes in certain circumstancts.
34. Exemptions.
3 4 ~
Report on impact on environment resulting from prescribed

activities.
PARTV
APPEAL AND APPEAL BOARD

35. Appeal.
36. Appeal Board.

PARTV1
MISCELLANEOUS

37. Occupier to furnish information.

38. Power to enter and inspect.
39. Service of notices.

40. Evidence.
41. Penalty for offences not otherwise provided for.
42. Attempts and abetments.
43. Offences by bodies of persons and by servants and agents.

44. Who may prosecute.

45. Compounding of offences.

Section

46. Sessions Court and Court of a Magistrate of the First C a s to ls
have jurisdiction.
47. Power of recovery d costs and expenses.
48. Power to detain and sell ships.
4 8 ~
Power to test and prohibit use of vehicle.
48e Assistance.
49. Delegation.
50. Secrecy.
51. Regulations.

ENVIRONMENTAL QUALITY ACT, 1974
(Act 127)
An Act relating to the prevention, abatement, control of
pollution and enhancement of the environment, and for
purposes connected therewith.

BE IT ENACTED by the Duli Yang Maha, Mulia Seri
Paduka Baginda Yang di-Pertuan Agong with the advice
and consent of the Dewan Negara and Dewan Rakyat in
Parliament assembled, and by the authority of the same, as
fol~ows
:

PART
I
PRELIMINARY

Short title, application and commencement.
(1) This Act may be cited as the Environmental Quality
Act, 1974 and shall apply to the whole of Malaysia.
(2) This Act shall come into force on such date as the
Minister may appoint by a notification in the Gazette and
the Minister may appoint different dates for the coming
into force of different provisions of this Act and may bring all or any provisions thereof into force either in the whole of Malaysia to which the notification applies or such area
as may be specified in the notification.
1.

Interpretation.
In this Act, unless the context otherwise requires"beneficial use" means a use of the environment or -any element or segment of the environment that is conducive to
public health, welfare or safety and which requires protection from the effects of wastes, discharges, emissions and deposits;
"control equipment" includes(a) any apparatus for collecting wastes; (b) any automatic device used. for securing the more
efficient operation of any...
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