Malaysia Malaysia Tightens Penalties for Violation of Environmental Regulations under New Act

Malaysia Tightens Penalties for Violation of Environmental Regulations under New Act

On June 6, 2024, the Environmental Quality (Amendment) Act 2024 was promulgated in Malaysia. This Act shall come into force on a date to be specified in a separate notification to be issued by the minister having jurisdiction over the environmental sector. The Act mainly amends the penalties for violations of the Environmental Quality Act 1974 by significantly increasing the maximum fines. The most serious offenses, such as dumping waste into the sea and discharging pollutants into land and water, are now subject to a maximum fine of 10 million Malaysia ringgit. According to a local newspaper report on June 26, 2024, the Act is expected to take effect on July 7, 2024.

The original text of this law can be downloaded from
https://lom.agc.gov.my/ilims/upload/portal/akta/outputaktap/2147523_BI/Act%20A1712.pdf

 

Violations and Fines amended by Environmental Quality (Amendment) Act 2024

The Act amends parts of the Environmental Quality Act 1974, primarily to increase penalties. Of the penalties imposed, a comparison regarding fines is provided below. In addition to the fines shown in the following table, each section also provides for penalties such as imprisonment and an additional daily fine for continued violations.

Violations Fine Before Amendment Fine After Amendment
Article 16:
Matters to be specified in the permit
up to MYR 25,000 MYR 25,000 – MYR 250,000
Article 18:
Permits for waste disposal facilities and waste transporters
up to MYR 25,000 MYR 25,000 – MYR 250,000
Article 19:
Unlicensed waste disposal facilities and waste transporter activities
MYR 25,000 – MYR 250,000
Article 22:
Emissions of pollutants into the air
up to MYR 100,000 MYR 10,000 – MYR 1,000,000
Article 23:
Noise
up to MYR 100,000 MYR 10,000 – MYR 250,000
Article 24:
Soil pollution
up to MYR 100,000 MYR 50,000 – MYR 500,000
Article 25:
Discharge of pollutants into land water
up to MYR 100,000 MYR 50,000 – MYR 10,000,000
Article 27:
Dumping of oil into the sea
up to MYR 500,000 MYR 100,000 – MYR 10,000,000
Article 29:
Dumping of waste into the sea
up to MYR 500,000 MYR 50,000 – MYR 10,000,000
Article 30A:
Green label/Environment friendly label
up to MYR 50,000 MYR 25,000 – MYR 250,000
Article 31:
Offences relating to orders to remedy pollutant emissions.
up to MYR 25,000 MYR 50,000 – MYR 1,000,000
Article 31A:
Offences relating to orders to cease pollutant discharges
up to MYR 50,000 MYR 50,000 – MYR 1,000,000
Article 32:
Offences relating to the management of equipment.
MYR 5,000 – MYR 100,000
Article 33:
Offences relating to orders to reduce emissions of pollutants
up to MYR 50,000 MYR 50,000 – MYR 1,000,000
Article 34A:
Offences relating to EIA
up to MYR 100,000 MYR 100,000 – MYR 1,000,000
Article 34AA:
Offences relating to business suspension orders
up to MYR 500,000 MYR 100,000 – MYR 1,000,000
Article 34B:
Offences relating to designated waste
up to MYR 500,000 MYR 100,000 – MYR 10,000,000
Article 37:
Offences relating to orders to provide information
up to MYR 2,000 MYR 5,000 – MYR 50,000
Article 41:
Offences relating to an item for which there is no penalty
up to MYR 10,000 MYR 5,000 – MYR 250,000

 

Author / Responsibility

AOKI Kenji

Senior Consultant, EnviX Ltd.
General Director, E&H Consulting Co., Ltd.

Business Performance

Expertise in EHS (environment, health and safety) consulting in ASEAN region.
- Environmental regulations updating
- Chemical regulations consulting

Background

MSc in Earth Science, The University of Tokyo

AOKI Kenji