KEYNOTEENVIRONMENTAL LEGISLATION IN

MALAYSIA: THE PAST, THE

PRESENT AND THE FUTURE

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Speaker:

Dato’ Dr. Ahmad Kamarulnajuib bin Che Ibrahim

Deputy Director General (Development)

Department of Environment, Malaysia

Presented at the ENSEARCH FORUM ON ENVIRONMENTAL LEGISLATION 201514th May 2015,

Kelab Golf Negara Subang (KGNS), Kelana Jaya

Birth of UNEP (1972)

Birth of EQA (1974)

Birth of Division Of Environment (1975)

n

1972 STOCKHOLM conference by UN

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ESTABLISHMENT OF EQA 1974 & DOE

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March

1974

1 April

1975

15

September

1975

1 March

1976

1983

27 March

2004

Division of

Environment

placed under

Ministry of

Science,

Technology &

the

Environment

Named as

Department

of

Environment

Gazettment of the

Environmental

Quality Act (EQA)

EQA came

into force

Establishment

of Division of

Environment

under Ministry

of Local

Government &

Environment

Department of Environment

placed under the newly-

formed Ministry of Natural

Resources & the

Environment

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OBJECTIVES OF EQA 1974 & APPROACHES

ENVIRONMENTAL QUALITY ACT 1974

PREVENTION

OF POLLUTION

ABATEMENT OF

POLLUTION

CONTROL OF

POLLUTION

ENHANCEMENT

OF THE

ENVIRONMENT

The Department of Environment’s main role is to prevent, control,

abate pollution and enhancement of the environment through the

enforcement of the EQA 1974, and its 37 subsidiary legislations.

• Licensing

• Acceptable Conditions

• Prohibition

• Environmental Audit

Section 19 – Prohibition against causing

vehicles, ship or premises to become

prescribed conveyance or prescribed premises

Section 34A – Report on impact on

environment resulting from prescribed

activities

Section 30A – Power to

control use of substance

and product & to state

environmental labeling

Section 30B – Power to

specify rules on deposit &

rebate schemes

Section 36A – Research

Cess

Section 47 – Power of

recovery of costs &

expenses.

Section 3 –

Environmental

Protection Policy,

Issuance of license,

research etc.

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EQA 1974 - comprehensively reviewed

- to address any “loop holes”

- to meet Malaysia’s commitment under various

multilateral agreements

- to impose heavier penalty.

(i) Under the restriction on pollution had increased up to

maximum of RM500,000 or to five years’ jail or both.

(ii) For compounding of offences, the

maximum fines increased to RM2,000.

(iii) Mandatory imprisonment

- CEO can also be charged in court

- New Approach - Self regulatory

Improvement made to the EQA 1974 throughout the years

DOE re-examine its objectives, strategies & plans of actions

To ensure that DOE are current,

forward looking, effective, efficient

and able to meet the demands of

the time and public

“Outcome

based”“Output based”

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TRAINING PROVIDER :ENVIRONMENTAL

INSTITUTE OF MALAYSIA (EiMAS)

SOME OF EMERGING ISSUES TO BE CONTROLLED

Non Point Sources

• Control of Sedimentation/Siltation

Toxic & Hazardous Substances

• Contaminated Land

• Environmental Hazardous Substances

Air Emission

• Odour

• Fuel Quality

Non-Industrial Sources

• Livestock Farming

• Wet Market

• Restaurants/Food Courts

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Evolution towards Excellence in Integrated Waste Management

Current Practice Future Direction

LANDFILL

DISPOSAL

LANDFILL DISPOSAL

TREATMENT

RECOVER

RECYCLE

REUSE

REDUCE

TREATMENT

RECOVER

RECYCLE

REUSE

REDUCE

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PARADIGM SHIFT

Waste was once regarded

solely as an unwanted by

product

Waste recycling and

resource recovery are now seen as

potential resources

‘Cradle to Grave’ ‘Cradle to Cradle’ 13

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