environmental legislation in malaysia: the past, the...
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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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