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 |