Environmental Quality

(Amendment) 2024
(Act A1712)
 INTRODUCTION

 DATE OF ROYAL ASSENT …….. 27 MAY 2024

 DATE OF PUBLICATION IN THE GAZETTE ………6 JUNE 2024
 THE ENVIRONMENTAL QUALITY ACT 1974 (ACT 127) IS REFERRED TO AS THE PRINCIPAL ACT
 AMENDMENT IN SECTION 2 -
Interpretation
ENVIRONMENTAL QUALITY ACT 1974 (ACT 127) AMENDMENT
2. Interpretation Inserting after the definition “oil” the following definition :

“oil” means – ‘“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;’.
(a) crude oil, diesel oil, fuel oil and lubricating oil; and
(b) any other description of oil which may be prescribed by the Minister;
 AMENDMENT IN SECTION 3 -
Director General and other officers
ENVIRONMENTAL QUALITY ACT 1974 (ACT 127) AMENDMENT
3. Director General and other officers. Subsection 3(1) of the principal Act is amended –

(1) There shall be a Director General of Environmental Quality who shall be (a) by deleting the word “and” at the end of the paragraph (n);
appointed by the Minister from amongst members of the public service and
whose powers, duties and functions shall be - (b) by substituting for the full stop at the end of paragraph (o) the words “;
and”; and
(n) to report to the Minister upon matters concerning the protection
and enhancement of the environment and upon any amendments he (c) by inserting after paragraph (o) the following paragraph :
thinks desirable to any law affecting pollution and environment and
upon any matters referred to him by the Minister; and “(p) to determine uniforms for officers appointed under subsection
(2)”
(o) to promote, encourage, co-ordinate and carry out planning in
environmental management, waste management and pollution
control.
 AMENDMENT IN SECTION 16 -
Licensee to comply with licence
ENVIRONMENTAL QUALITY ACT 1974 (ACT 127) AMENDMENT
16. Licensee to comply with licence. Section 16 of the principal Act is amended by substituting for subsection (2)
the following subsection :
(1) The holder of a licence shall comply in every respect with the terms and
conditions thereof. “(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-
(2) Any holder of a licence who contravenes subsection (1) shall be guilty of five thousand ringgit and not exceeding two hundred and fifty thousand
an offence and shall be liable to a fine not exceeding twenty-five ringgit or to imprisonment for a term not exceeding five years or to both,
thousand ringgit or to imprisonment for a period not exceeding two and shall also be liable to a further fine of one thousand ringgit for every
years or to both, and to a further fine of one thousand ringgit for every day during which the offence continues after a notice by the Director
day that the offence is continued after a notice by the Director General General requiring him to comply with such term or condition specified
requiring him to comply with such term or condition specified therein therein has been served on him.”
has been served upon him.
Summary : Summary :
• Fine < RM 25,000 • RM 25,000 < Fine < RM 250,000
• Imprisonment ≤ 2 Years • Imprisonment ≤ 5 Years
• Both ( Fine & Imprisonment ) • Both ( Fine & Imprisonment )
• Further Fine of RM 1,000 / Day ( If Offence Continues ) • Further Fine of RM 1,000 / Day ( If Offence Continues )
 AMENDMENT IN SECTION 18 -
Prescribed premises to be licensed
ENVIRONMENTAL QUALITY ACT 1974 (ACT 127) AMENDMENT
18. Prescribed premises to be licensed. Section 18 of the principal Act is amended by substituting for subsection (3)
the following subsection :
(3) Any person found guilty of an offence under subsection (1) or (1A) shall
be liable to a fine not exceeding fifty thousand ringgit or imprisonment for a “(3) Any person who contravenes subsection (1) or (1A) commits an offence
period not exceeding two years or to both and to a further fine of one and shall, on conviction, be liable to a fine of not less than twenty-five
thousand ringgit for every day that the offence is continued after a notice by thousand ringgit and not exceeding two hundred and fifty thousand ringgit
the Director General requiring him to cease the act specified has been or to imprisonment for a term not exceeding five years or to both, and shall
served upon him. 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.”
Summary : Summary :
• Fine < RM 50,000 • RM 25,000 < Fine < RM 250,000
• Imprisonment ≤ 2 Years • Imprisonment ≤ 5 Years
• Both ( Fine & Imprisonment ) • Both ( Fine & Imprisonment )
• Further Fine of RM 1,000 / Day ( If Offence Continues ) • Further Fine of RM 1,000 / Day ( If Offence Continues )
 AMENDMENT IN SECTION 19 -
Prohibition against causing vehicle, ship or premises to become prescribed conveyance or
prescribed premises

ENVIRONMENTAL QUALITY ACT 1974 (ACT 127) AMENDMENT

19. Prohibition against causing vehicle, ship or premises to become Section 19 of the principal Act is amended –
prescribed conveyance or prescribed premises
(a) by renumbering the existing section as subsection (1) ; and
No person shall –
(b) by inserting after subsection (1) as renumbered the following
(a) carry out any work on any vehicle, ship or premises that would subsection :
cause the vehicle, ship or premises to become a prescribed
conveyance or prescribed premises, as the case may be; or “(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
(b) construct on any land any building designed for or used for a ringgit and not exceeding two hundred and fifty thousand ringgit or to
purpose that would cause the land or building to become prescribed imprisonment for a term not exceeding five years or to both, and shall also
premises, 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
without the prior written permission of the Director General. cease the act specified therein has been served on him.”
Summary : Summary :
NIL • RM 25,000 < Fine < RM 250,000
• Imprisonment ≤ 5 Years
• Both ( Fine & Imprisonment )
• Further Fine of RM 1,000 / Day ( If Offence Continues )
 AMENDMENT IN SECTION 22 -
Restrictions on pollution of the atmosphere
ENVIRONMENTAL QUALITY ACT 1974 (ACT 127) AMENDMENT
22. Restrictions on pollution of the atmosphere Subsection 22 of the principal Act is amended by substituting for subsection
(3) the following subsection :
(3) Any person who contravenes subsection (1) shall be guilty of an offence
and shall be liable to a fine not exceeding one hundred thousand ringgit or “(3) Any person who contravenes subsection (1) commits an offence and
to imprisonment for a period not exceeding five years or to both and to a shall, on conviction, be liable to a fine of not less than ten thousand ringgit
further fine not exceeding one thousand ringgit a day for every day that the and not exceeding one million ringgit or to imprisonment for a term not
offence is continued after a notice by the Director General requiring him to exceeding five years or to both, and shall also be liable to a further fine not
cease the act specified therein has been served upon him. 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.”
Summary : Summary :
• Fine < RM 100,000 • RM 10,000 < Fine < RM 1,000,000
• Imprisonment ≤ 5 Years • Imprisonment ≤ 5 Years
• Both ( Fine & Imprisonment ) • Both ( Fine & Imprisonment )
• Further Fine of RM 1,000 / Day ( If Offence Continues ) • Further Fine of RM 1,000 / Day ( If Offence Continues )
 AMENDMENT IN SECTION 23 -
Restrictions on noise pollution
ENVIRONMENTAL QUALITY ACT 1974 (ACT 127) AMENDMENT
23. Restrictions on noise pollution Section 23 of the principal Act is amended by substituting for subsection (2)
the following subsection :
(2) Any person who contravenes subsection (1) shall be guilty of an offence
and shall be liable to a fine not exceeding one hundred thousand ringgit or “(2) Any person who contravenes subsection (1) commits an offence and
to imprisonment for a period not exceeding five years or to both and to a shall, on conviction, be liable to a fine of not less than ten thousand ringgit
further fine not exceeding five hundred ringgit a day for every day that the and not exceeding two hundred and fifty thousand ringgit or to
offence is continued after a notice by the Director General requiring him to imprisonment for a term not exceeding five years or to both, and shall also
cease the act specified therein has been served upon him. 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.”
Summary : Summary :
• Fine < RM 100,000 • RM 10,000 < Fine < RM 250,000
• Imprisonment ≤ 5 Years • Imprisonment ≤ 5 Years
• Both ( Fine & Imprisonment ) • Both ( Fine & Imprisonment )
• Further Fine of RM 500 / Day ( If Offence Continues ) • Further Fine of RM 1,000 / Day ( If Offence Continues )
 AMENDMENT IN SECTION 24 -
Restrictions on pollution of the soil
ENVIRONMENTAL QUALITY ACT 1974 (ACT 127) AMENDMENT
24. Restrictions on pollution of the soil Section 24 of the principal Act is amended by substituting for subsection (3)
the following subsection :
(3) Any person who contravenes subsection (1) shall be guilty of an offence
and shall be liable to a fine not exceeding one hundred thousand ringgit or “(3) Any person who contravenes subsection (1) commits an offence and
to imprisonment for a period not exceeding five years or to both and to a shall, on conviction, be liable to a fine of not less than fifty thousand ringgit
further fine not exceeding one thousand ringgit a day for every day that the and not exceeding five hundred thousand ringgit or to imprisonment for a
offence is continued after a notice by the Director General requiring him to term not exceeding five years or to both, and shall also be liable to a further
cease the act specified therein has been served upon him. 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.”
Summary : Summary :
• Fine < RM 100,000 • RM 50,000 < Fine < RM 500,000
• Imprisonment ≤ 5 Years • Imprisonment ≤ 5 Years
• Both ( Fine & Imprisonment ) • Both ( Fine & Imprisonment )
• Further Fine of RM 1,000 / Day ( If Offence Continues ) • Further Fine of RM 1,000 / Day ( If Offence Continues )
 AMENDMENT IN SECTION 25 -
Restrictions on pollution of inland waters
ENVIRONMENTAL QUALITY ACT 1974 (ACT 127) AMENDMENT
25. Restrictions on pollution of inland waters Section 25 of the principal Act is amended by substituting for subsection (3)
the following subsection :
(3) Any person who contravenes subsection (1) shall be guilty of an offence
and shall be liable to a fine not exceeding one hundred thousand ringgit or “(3) Any person who contravenes subsection (1) commits an offence and
to imprisonment for a period not exceeding five years or to both and to a shall, on conviction, be punished with imprisonment for a term not
further fine not exceeding one thousand ringgit a day for every day that the exceeding five years and shall also be liable to a fine of not less than fifty
offence is continued after a notice by the Director General requiring him to thousand ringgit and not exceeding ten million ringgit.”
cease the act specified therein has been served upon him.
Summary : Summary :
• Fine < RM 100,000 • Imprisonment ≤ 5 Years
• Imprisonment ≤ 5 Years • RM 50,000 < Fine < RM 10,000,000
• Both ( Fine & Imprisonment )
• Further Fine of RM 1,000 / Day ( If Offence Continues )
 AMENDMENT IN SECTION 27 -
Prohibition of discharge of oil into Malaysian waters
ENVIRONMENTAL QUALITY ACT 1974 (ACT 127) AMENDMENT
27. Prohibition of discharge of oil into Malaysian waters Section 27 of the principal Act is amended by substituting for subsection (2)
the following subsection :
(2) Any person who contravenes subsection (1) shall be guilty of an offence
and shall be liable to a fine not exceeding five hundred thousand ringgit or “(2) Any person who contravenes subsection (1) commits an offence and
to imprisonment not exceeding five years or to both. 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.”
Summary : Summary :
• Fine < RM 500,000 • RM 100,000 < Fine < RM 10,000,000
• Imprisonment ≤ 5 Years • Imprisonment ≤ 5 Years
• Both ( Fine & Imprisonment ) • Both ( Fine & Imprisonment )
 AMENDMENT IN SECTION 29 -
Prohibition of discharge of wastes into Malaysian waters
ENVIRONMENTAL QUALITY ACT 1974 (ACT 127) AMENDMENT
29. Prohibition of discharge of wastes into Malaysian waters Section 29 of the principal Act is amended by substituting for subsection (2)
the following subsection :
(2) Any person who contravenes subsection (1) shall be guilty of an offence
and shall be liable to a fine not exceeding five hundred thousand ringgit or “(2) Any person who contravenes subsection (1) commits an offence and
to imprisonment not exceeding five years or to both. 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.”
Summary : Summary :
• Fine < RM 500,000 • RM 50,000 < Fine < RM 10,000,000
• Imprisonment ≤ 5 Years • Imprisonment ≤ 5 Years
• Both ( Fine & Imprisonment ) • Both ( Fine & Imprisonment )
 AMENDMENT IN SECTION 29A -
Prohibition on open burning
ENVIRONMENTAL QUALITY ACT 1974 (ACT 127) AMENDMENT
29A. Prohibition on open burning The principal Act is amended by substituting for section 29A the following
section :
(1) Notwithstanding anything to the contrary contained in this Act, no
person shall allow or cause open burning on any premises. 29A. Prohibition on open burning

(2) Any person who contravenes subsection (1) shall be guilty of an offence (1) Notwithstanding anything to the contrary contained in this Act, no
and shall, on conviction, be liable to a fine not exceeding five hundred person shall commit, allow, instruct or cause open burning on any premises.
thousand ringgit or to imprisonment for a term not exceeding five years
or to both. (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.
 AMENDMENT IN SECTION 29A -
Prohibition on open burning (continue)
ENVIRONMENTAL QUALITY ACT 1974 (ACT 127) AMENDMENT
(3) For the purpose of subsection (1) – (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
“open burning” means any fire, combustion or smouldering that purpose of any activity specified in an order made under subsection (2), the
occurs in the open air and which is not directed there through a Minister, in circumstances where he considers that –
chimney or stack;
(a) the air quality in the area has reached an unhealthy level; and
“premises” includes any land.
(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, 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.
 AMENDMENT IN SECTION 29A -
Prohibition on open burning (continue)
ENVIRONMENTAL QUALITY ACT 1974 (ACT 127) AMENDMENT
… (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.
Summary : Summary :
• Fine < RM 500,000 • RM 25,000 < Fine < RM 1,000,000
• Imprisonment ≤ 5 Years • Imprisonment ≤ 5 Years
• Both ( Fine & Imprisonment ) • Both ( Fine & Imprisonment )
• Further Fine of RM 5,000 / Day ( If Offence Continues )
 DELETION OF SECTION 29AA -
Exclusion from “open burning”
ENVIRONMENTAL QUALITY ACT 1974 (ACT 127) AMENDMENT
29AA. Exclusion from “open burning” The principal Act is amended by deleting section 29AA.

(1) 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 in and for the
purpose of section 29A 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.

(2) Notwithstanding that any fire, combustion or smouldering is excluded

from the definition of open burning under subsection (1) or that it is for
the purpose of any activity specified in an order made under subsection
(1), no person shall allow or cause such fire, combustion or smouldering
to occur in any area if the Director General notifies, by such means and
in such manner as he thinks expedient –
 DELETION OF SECTION 29AA -
Exclusion from “open burning”
ENVIRONMENTAL QUALITY ACT 1974 (ACT 127) AMENDMENT
(a) that the air quality in the area has reached an unhealthy level; The principal Act is amended by deleting section 29AA.
and

(b) that the fire, combustion or smouldering for the purpose of any
activity other than those specified in the notification would be
hazardous to the environment.

(3) In addition to the circumstances referred to in subsection (2), the

Minister may by order published in the Gazette specify the circumstances in
which no person shall cause any fire, combustion or smouldering for the
purpose of any activity specified in the order to occur notwithstanding that
it is excluded from the definition of opening burning under subsection (1) or
that it is for the purpose of any activity specified in an order made under
subsection (1).
 AMENDMENT IN SECTION 30A -
Power to control use of substance and product and to state environmental labelling

ENVIRONMENTAL QUALITY ACT 1974 (ACT 127) AMENDMENT

30A. Power to control use of substance and product and to state Section 30A of the principal Act is amended by substituting for subsection
environmental labelling (3) the following subsection :

(3) Any person who fails or refuses to comply with the order made under “(3) Any person who fails or refuses to comply with the order made under
subsection (1) shall be guilty of an offence and shall be liable to a fine not subsection (1) commits an offence and shall, on conviction, be liable to a
exceeding fifty thousand ringgit or to imprisonment for a period not fine of not less than twenty-five thousand ringgit and not exceeding two
exceeding five years or to both. hundred and fifty thousand ringgit or to imprisonment for a term not
exceeding five years or to both.”
Summary : Summary :
• Fine < RM 50,000 • RM 25,000 < Fine < RM 250,000
• Imprisonment ≤ 5 Years • Imprisonment ≤ 5 Years
• Both ( Fine & Imprisonment ) • Both ( Fine & Imprisonment )
 AMENDMENT IN SECTION 31 -
Power to require owner or occupier to install, operate, repair, etc
ENVIRONMENTAL QUALITY ACT 1974 (ACT 127) AMENDMENT
31. Power to require owner or occupier to install, operate, repair, etc 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) shall be guilty of an offence and shall be liable to a fine not exceeding “(3) Any person who contravenes the notice issued under subsection (1) or
twenty-five thousand ringgit or to imprisonment for a period not exceeding (2) commits an offence and shall, on conviction, be liable to a fine of not less
two years or to both and to a further fine not exceeding one thousand than fifty thousand ringgit and not exceeding one million ringgit or to
ringgit a day for every day that the offence is continued after service on him imprisonment for a term not exceeding five years or to both, and shall also
of the notice specified in subsection (1) or (2). be liable to a further fine not exceeding one thousand ringgit or every day
during which the offence continues after service on him of the notice
specified in subsection (1) or (2).”
Summary : Summary :
• Fine < RM 25,000 • RM 50,000 < Fine < RM 1,000,000
• Imprisonment ≤ 2 Years • Imprisonment ≤ 5 Years
• Both ( Fine & Imprisonment ) • Both ( Fine & Imprisonment )
• Further Fine of RM 1,000 / Day ( If Offence Continues ) • Further Fine of RM 1,000 / Day ( If Offence Continues )
 AMENDMENT IN SECTION 31A -
Prohibition order, etc
ENVIRONMENTAL QUALITY ACT 1974 (ACT 127) AMENDMENT
31A. Prohibition order, etc Section 31A of the principal Act is amended by substituting for subsection
(3) the following subsection :
(3) Any person who contravenes subsection (1) or (2) shall be guilty of an
offence and shall be liable to a fine not exceeding fifty thousand ringgit or to “(3) Any person who contravenes a prohibition order issued under
imprisonment for a period not exceeding two years or to both. 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.”
Summary : Summary :
• Fine < RM 50,000 • Imprisonment ≤ 5 Years
• Imprisonment ≤ 2 Years • RM 50,000 < Fine < RM 1,000,000
• Both ( Fine & Imprisonment )
 AMENDMENT IN SECTION 32 -
Owner or occupier to maintain and operate equipment
ENVIRONMENTAL QUALITY ACT 1974 (ACT 127) AMENDMENT
32. Owner or occupier to maintain and operate equipment Section 32 of the principal Act is amended –

The owner or occupier of any vehicle, ship or premises irrespective of (a) by renumbering the existing section as subsection (1); and
whether the vehicle, ship or premises are prescribed under section 18 or
otherwise, or aircraft shall maintain any equipment or control equipment (b) by inserting after subsection (1) as renumbered the following
installed on the vehicle, ship or premises, or aircraft in good condition and subsection :
shall operate the equipment or control equipment in a proper and efficient
manner. “(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.”
Summary : Summary :
NIL • RM 5,000 < Fine < RM 100,000
• Imprisonment ≤ 5 Years
• Both ( Fine & Imprisonment )
• Further Fine of RM 1,000 / Day ( If Offence Continues )
 AMENDMENT IN SECTION 33 -
Power to prohibit or control licensed persons from discharging, etc. of wastes in certain circumstances

ENVIRONMENTAL QUALITY ACT 1974 (ACT 127) AMENDMENT

33. Power to prohibit or control licensed persons from discharging, etc. of Section 33 of the principal Act is amended by substituting for subsection (2)
wastes in certain circumstances the following subsection :

(2) Any person who contravenes the notice issued under subsection (1) shall “(2) Any person who contravenes the notice issued under subsection (1)
be guilty of an offence and shall be liable to a fine not exceeding fifty commits an offence and shall, on conviction, be liable to a fine of not less
thousand ringgit or to imprisonment not exceeding five years or to both and than fifty thousand ringgit and not exceeding one million ringgit or to
to a further fine not exceeding one thousand ringgit a day for every day that imprisonment for a term not exceeding five years or to both, and shall also
the offence is continued after service on him of the notice specified in be liable to a further fine not exceeding one thousand ringgit for every day
subsection (1). during which the offence continues after service on him of the notice
specified in subsection (1).”
Summary : Summary :
• Fine < RM 50,000 • RM 50,000 < Fine < RM 1,000,000
• Imprisonment ≤ 5 Years • Imprisonment ≤ 5 Years
• Both ( Fine & Imprisonment ) • Both ( Fine & Imprisonment )
• Further Fine of RM 1,000 / Day ( If Offence Continues ) • Further Fine of RM 1,000 / Day ( If Offence Continues )
 AMENDMENT IN SECTION 34A -
Report on impact on environment resulting from prescribed activities
ENVIRONMENTAL QUALITY ACT 1974 (ACT 127) AMENDMENT
34A. Report on impact on environment resulting from prescribed activities Section 34A of the principal Act is amended by substituting for subsection
(8) the following subsection :
(8) Any person who contravenes this section shall be guilty of an offence and
shall be liable to a fine not exceeding five hundred thousand ringgit or to “(8) Any person who contravenes this section commits an offence and shall,
imprisonment for a period not exceeding five years or to both and to a on conviction, be punished with imprisonment for a term not exceeding five
further fine of one thousand ringgit for every day that the offence is years and shall also be liable to a fine of not less than one hundred
continued after a notice by the Director General requiring him to comply thousand ringgit and not exceeding one million ringgit.”
with the act specified therein has been served upon him.
Summary : Summary :
• Fine < RM 500,000 • Imprisonment ≤ 5 Years
• Imprisonment ≤ 5 Years • RM 100,000 < Fine < RM 1,000,000
• Both ( Fine & Imprisonment )
• Further Fine of RM 1,000 / Day ( If Offence Continues )
 AMENDMENT IN SECTION 34AA -
Prohibition order for prescribed activities
ENVIRONMENTAL QUALITY ACT 1974 (ACT 127) AMENDMENT
34AA. Prohibition order for prescribed activities Section 34AA of the principal Act is amended by substituting for subsection
(3) the following subsection :
(3) Any person who contravenes this section shall be guilty of an offence and
shall be liable – “(3) Any person who contravenes a prohibition order or stop work order
under this section commits an offence and shall, on conviction, be punished
(a) to a fine not exceeding five hundred thousand ringgit or to with imprisonment for a term not exceeding five years and shall also be
imprisonment for a period not exceeding five years or to both; and liable to a fine of not less than one hundred thousand ringgit and not
exceeding one million ringgit.”
(b) for a continuous offence, to a fine not exceeding one thousand ringgit
for every day during which the offence continues after a notice has
been served by the Director General upon the person requiring the
person to comply with the act specified in it.
Summary : Summary :
• Fine < RM 500,000 • Imprisonment ≤ 5 Years
• Imprisonment ≤ 5 Years • RM 100,000 < Fine < RM 1,000,000
• Both ( Fine & Imprisonment )
• Further Fine of RM 1,000 / Day ( If Offence Continues )
 AMENDMENT IN SECTION 34B -
Prohibition against placing, deposit, etc of scheduled wastes
ENVIRONMENTAL QUALITY ACT 1974 (ACT 127) AMENDMENT
34B. Prohibition against placing, deposit, etc of scheduled wastes Section 34B of the principal Act is amended by substituting for subsection
(4) the following subsection :
(4) Any person who contravenes this section shall be guilty of an offence and
shall on conviction be punished with imprisonment for a term not exceeding “(4) Any person who contravenes this section commits an offence and shall,
five years and shall also be liable to a fine not exceeding five hundred on conviction, be punished with imprisonment for a term no exceeding five
thousand ringgit. years and shall also be liable to a fine of not less than one hundred
thousand ringgit and not exceeding ten million ringgit.”
Summary : Summary :
• Imprisonment ≤ 5 Years • Imprisonment ≤ 5 Years
• Fine < RM 500,000 • RM 100,000 < Fine < RM 10,000,000
 AMENDMENT IN SECTION 37 -
Owner or occupier to furnish information
ENVIRONMENTAL QUALITY ACT 1974 (ACT 127) AMENDMENT
37. Owner or occupier to furnish information 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
“(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 to
question or to furnish any information, fails to answer such question or fails
furnish such information as is required or gives any answer or information
to furnish such information as is required or gives any answer or information
that is false or misleading in any material respect shall be guilty of an
that is false or misleading in any material respect under this section
offence and shall be liable to a fine not exceeding two thousand ringgit or to
commits an offence and shall, on conviction, be liable to a fine of not less
imprisonment not exceeding six months or to both.
than five thousand ringgit and not exceeding fifty thousand ringgit or to
imprisonment for a term not exceeding two years or to both.”
Summary : Summary :
• Fine < RM 2,000 • RM 5,000 < Fine < RM 50,000
• Imprisonment ≤ 6 Months • Imprisonment ≤ 2 Years
• Both ( Fine & Imprisonment ) • Both ( Fine & Imprisonment )
 AMENDMENT IN SECTION 41 -
Penalty for offences not otherwise provided for
ENVIRONMENTAL QUALITY ACT 1974 (ACT 127) AMENDMENT
41. Penalty for offences not otherwise provided for 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
Every omission or neglect to comply with, and every act done or attempted thousand ringgit and not exceeding two hundred and fifty thousand ringgit.”
to be done contrary to, the provisions of this Act or any regulations made
thereunder or any breach of the conditions and restrictions subject to, or
upon which, any licence is issued under this Act or any regulations made
thereunder shall be an offence against this Act and in respect of any such
offence for which no penalty is expressly provided the offender shall be
liable to a fine not exceeding ten thousand ringgit or to imprisonment not
exceeding two years or to both.
Summary : Summary :
• Fine < RM 10,000 • RM 5,000 < Fine < RM 250,000
• Imprisonment ≤ 2 Years • Imprisonment ≤ 2 Years
• Both ( Fine & Imprisonment ) • Both ( Fine & Imprisonment )
 AMENDMENT IN SECTION 45 -
Compounding of offences
ENVIRONMENTAL QUALITY ACT 1974 (ACT 127) AMENDMENT
45. Compounding of offences 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 other public
officer or any local authority to whom the Director General has delegated “(1) The Director General or any Deputy Director General, or any public
such power in writing, may compound any offence under this Act or the officer, any Government Department, any local authority or any corporation
regulations made thereunder which is prescribed by the Minister to be a to whom the Director General has delegated such power in writing, may,
compoundable offence by accepting from the person reasonably suspected with the written consent of the Public Prosecutor, compound any offence
of having committed the offence a sum of money not exceeding two under this Act or the regulations made thereunder prescribed by the
thousand ringgit 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.”
Summary : Summary :
• Compound ≤ RM 2,000 • Compound - 50% of maximum fine
 AMENDMENT IN SECTION 48 -
Power to detain and sell vehicle or ship
ENVIRONMENTAL QUALITY ACT 1974 (ACT 127) AMENDMENT
48. Power to detain and sell vehicle or ship Section 48 of the principal Act is amended by substituting for subsection (2)
the following subsection :
(2) If the detained vehicle or ship proceeds to move before it is released, the
owner or master, or any person who causes the vehicle or ship to move shall “(2) The owner or master, or any person who causes the detained vehicle or
be guilty of an offence and shall be liable to a fine not exceeding fifty ship to proceed to move before it is released commits an offence and shall,
thousand ringgit or to imprisonment for a period not exceeding five years or on conviction, be liable to a fine of not less than fifty thousand ringgit and
to both. not exceeding two hundred and fifty thousand ringgit or to imprisonment
for a period not exceeding five years or to both.”
Summary : Summary :
• Fine < RM 50,000 • RM 50,000 < Fine < RM 250,000
• Imprisonment ≤ 5 Years • Imprisonment ≤ 5 Years
• Both ( Fine & Imprisonment ) • Both ( Fine & Imprisonment )
 AMENDMENT IN SECTION 48A -
Power to test and prohibit use of vehicle
ENVIRONMENTAL QUALITY ACT 1974 (ACT 127) AMENDMENT
48A. Power to test and prohibit use of vehicle 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
(8) If any person fails to comply with this section, or uses or permits to be exceeding five thousand ringgit” the words “commits an offence and shall,
used a vehicle at any time whilst a prohibition order under subsection (2) is on conviction, be liable to a fine of not less than five thousand ringgit and
in force in relation to such vehicle, he shall be guilty of an offence and shall not exceeding fifty thousand ringgit.”
be liable to a fine not exceeding five thousand ringgit or to imprisonment
for a period not exceeding one year or to both.
Summary : Summary :
• Fine < RM 5,000 • RM 5,000 < Fine < RM 50,000
• Imprisonment ≤ 1 Year • Imprisonment ≤ 1 Year
• Both ( Fine & Imprisonment ) • Both ( Fine & Imprisonment )
 AMENDMENT IN SECTION 48AD -
Obstruction to search
ENVIRONMENTAL QUALITY ACT 1974 (ACT 127) AMENDMENT
48AD. Obstruction to search Section 48AD of the principal Act is amended –

Any person who – (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
(a) refuses the Director General or any officer duly authorized in writing by thousand ringgit or to imprisonment for a term not exceeding two years
him access to any vehicle, ship, aircraft or premises which the Director or to both” the words “commits an offence and shall, on conviction, be
General or any officer duly authorized in writing by him is entitled to liable to a fine of not less than five thousand ringgit and not exceeding
have under this Act or in the execution of any duty imposed or power one hundred thousand ringgit or to imprisonment for a term not
conferred by this Act; exceeding five years or to both”; and

(b) assaults, obstructs, impedes or interferes with the Director General or (b) in the national language text, by substituting for the words “boleh
any officer duly authorized in writing by him in the performance of his dikenakan denda tidak lebih daripada sepuluh ribu ringgit atau penjara
powers under this Act; or selama tempoh tidak lebih daripada dua tahun atau kedua-duanya” the
words “boleh, apabila disabitkan, dikenakan denda tidak kurang
(c) refuses the Director General or any officer duly authorized in writing by daripada lima ribu ringit dan tidak melebihi satu ratus ribu ringgit atau
the Director General any information relating to an offence or dipenjarakan selama tempoh tidak melebihi lima tahun atau kedua-
suspected offence under this Act or any other information which may duanya.”.
reasonably be required of him and which he has in his knowledge or
power to give,
 AMENDMENT IN SECTION 48AD -
Obstruction to search (continue)
ENVIRONMENTAL QUALITY ACT 1974 (ACT 127) AMENDMENT
(continue) Section 48AD of the principal Act is amended –

shall be guilty of an offence and shall be liable to a fine not exceeding ten (a) In the English language text, by substituting for the words “shall be
thousand ringgit or to imprisonment for a term not exceeding two years or guilty of an offence and shall be liable to a fine not exceeding ten
to both. thousand ringgit or to imprisonment for a term not exceeding two years
or to both” the words “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

(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 ringit dan tidak melebihi satu ratus ribu ringgit atau
dipenjarakan selama tempoh tidak melebihi lima tahun atau kedua-
duanya.”.
 AMENDMENT IN SECTION 48AD -
Obstruction to search (continue)
ENVIRONMENTAL QUALITY ACT 1974 (ACT 127) AMENDMENT
Summary : Summary :
• Fine < RM 10,000 • RM 5,000 < Fine < RM 100,000
• Imprisonment ≤ 2 Years • Imprisonment ≤ 5 Years
• Both ( Fine & Imprisonment ) • Both ( Fine & Imprisonment )
 AMENDMENT IN SECTION 51 -
Regulations
ENVIRONMENTAL QUALITY ACT 1974 (ACT 127) AMENDMENT
51. Regulations Section 51 of the principal Act is amended –

(1) In addition to and not in derogation of any of the powers contained in (a) In subsection (1) –
any other provisions of this Act, the Minister after consultation with the
Council may make regulations for or with respect to – (i) by substituting for the full stop at the end of paragraph (x) a semi
colon; and
(x) regulating the competency of training providers providing training (ii) by inserting after paragraph (x) the following paragraph :
in the environmental field.
“(y) prescribing the offences which may be compounded.” and
(3) Regulations made under subsection (1) may prescribe any act in
contravention of the regulations to be an offence and may prescribe (b) By substituting for subsection (3) the following subsection :
penalties of a fine not exceeding one hundred thousand ringgit or
imprisonment for a term not exceeding two years or to both “(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.”
 AMENDMENT IN SECTION 51 -
Regulations (continue)
ENVIRONMENTAL QUALITY ACT 1974 (ACT 127) AMENDMENT
Summary : Summary :
• Fine < RM 100,000 • Fine < RM 100,000
• Imprisonment ≤ 2 Years • Imprisonment ≤ 5 Years
• Both ( Fine & Imprisonment ) • Both ( Fine & Imprisonment )
• Further Fine of RM 1,000 / Day ( If Offence Continues )
 SUMMARY – 1

Environmental Quality (Amendment) 2024 (Act A1712)

Fine (RM)
Section Section Title Amendment Deletion Imprisonment Both Further Fine (RM)
Min Max
2 Intrepretation ✓ - - - - - -
Director General and other
3 ✓ - - - - - -
officers
16 Licensee to comply with licence ✓ - 25,000 250,000 5 Years ✓ 1,000 / Day
Prescribed premises to be
18 ✓ - 25,000 250,000 5 Years ✓ 1,000 / Day
licensed
Prohibition against causing
vehicle, ship or premises to
19 ✓ - 25,000 250,000 5 Years ✓ 1,000 / Day
become prescribed conveyance
or prescribed premises
Restrictions on pollution of the
22 ✓ - 10,000 1,000,000 5 Years ✓ 1,000 / Day
atmosphere
23 Restrictions on noise pollution ✓ - 10,000 250,000 5 Years ✓ 1,000 / Day
Restrictions on pollution of the
24 ✓ - 50,000 500,000 5 Years ✓ 1,000 / Day
soil
Restrictions on pollution of
25 ✓ - 50,000 10,000,000 5 Years* - -
inland waters
 SUMMARY – 2

Environmental Quality (Amendment) 2024 (Act A1712)

Fine (RM)
Section Section Title Amendment Deletion Imprisonment Both Further Fine (RM)
Min Max
Prohibition of discharge of oil
27 ✓ - 100,000 10,000,000 5 Years ✓ -
into Malaysian waters
Prohibition of discharge of
29 ✓ - 50,000 10,000,000 5 Years ✓ -
wastes into Malaysian waters

29A Prohibition on open burning ✓ - 25,000 1,000,000 5 Years ✓ 5,000 / Day

29AA Exclusion from “open burning” - ✓ - - - - -

Power to control use of

30A substance and product and to ✓ - 25,000 250,000 5 Years ✓ -
state environmental labelling
Power to require owner or
31 occupier to install, operate, ✓ - 50,000 1,000,000 5 Years ✓ 1,000 / Day
repair, etc

31A Prohibition order, etc ✓ - 50,000 10,000,000 5 Years* - -

Owner or occupier to maintain

32 ✓ - 5,000 100,000 5 Years ✓ 1,000 / Day
and operate equipment
 SUMMARY – 3

Environmental Quality (Amendment) 2024 (Act A1712)

Fine (RM)
Section Section Title Amendment Deletion Imprisonment Both Further Fine (RM)
Min Max
Power to prohibit or control
licensed persons from
33 ✓ - 50,000 1,000,000 5 Years ✓ 1,000 / Day
discharging, etc. of wastes in
certain circumstances
Report on impact on
34A environment resulting from ✓ - 100,000 1,000,000 5 Years* ✓ -
prescribed activities
Prohibition order for
34AA ✓ - 100,000 1,000,000 5 Years* ✓ -
prescribed activities
Prohibition against placing,
34B deposit, etc of scheduled ✓ - 100,000 10,000,000 5 Years* ✓ -
wastes
Owner or occupier to furnish
37 ✓ - 5,000 50,000 2 Years ✓ -
information
Penalty for offences not
41 ✓ - 5,000 250,000 2 Years ✓ -
otherwise provided for

45 Compounding of offences ✓ - 50% of Max - - - -

 SUMMARY – 4

Environmental Quality (Amendment) 2024 (Act A1712)

Fine (RM)
Section Section Title Amendment Deletion Imprisonment Both Further Fine (RM)
Min Max
Power to detain and sell
48 ✓ - 50,000 250,000 5 Years ✓ -
vehicle or ship
Power to test and prohibit use
48A ✓ - 5,000 50,000 1 Year ✓ -
of vehicle

48AD Obstruction to search ✓ - 5,000 100,000 5 Years ✓ -

51 Regulations ✓ - - 100,000 5 Years ✓ 1,000 / Day

* - Initial punishment
THANK YOU
Prepared by :
Ms. Radhiah binti Rahamad
(Allgreen Timber Products Sdn Bhd)