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Environmental Protection and Management Act · s 41

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s 41Regulations

(1)

The Minister may, with the approval of His Majesty the Sultan and Yang Di-Pertuan, make regulations which are necessary or expedient for giving effect to or for carrying out the provisions of this Act, including the prescription fees and anything required to be or which may be prescribed under this Act and for its due administration thereof.

(2)

Without prejudice to subsection (1) the Minister may impose requirements with respect to —

(a)

environmental impact assessments, including the requirements for any person who intends to carry out a prescribed activity stated in Schedule 1, which may have significant

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environmental impact to submit a written notification as prescribed in

Schedule 2 of such activities to the Authority;

(b)

control of noise pollution, including prohibiting or imposing requirements in connection with the emission of noise, vibrations or any ionizing or other radiations, including minimum standards to be met;

(c)

control of water pollution, including the safe discharge of substances, including trade effluent, food, oil, chemical, sewage, toxic substances or other pollutants into any drain, inland waters or sea, as a result from any activities within state land, including minimum standards to be met;

(d)

control of air pollution, including prohibiting or imposing requirements in connection with emissions into the atmosphere of any specified gas, smoke or dust or any other specified substance or pollutant whatsoever;

(e)

the prescribing of types of air pollution control equipment that may be used in or on any activities and the manner in which such equipment shall be operated and maintained;

(f)

control of land pollution, including industrial waste, domestic waste and littering;

(g)

control of hazardous substances, including imposing requirements for testing, labeling, or examination of any hazardous substance and for the import, export, transit, possession for sale, sell or offer for sale of any hazardous substance and the storage, handling, transportation, use, dealing and disposal of hazardous substances;

(h)

environmental audit, including requirements to carry out an environmental audit and to submit an audit report in such manner as may be prescribed for major accident hazard locations and activities meeting potentially significant impacts criteria;

(i)

the design, construction, installation, commissioning, operations, guarding, siting, maintenance, decommissioning or abandonment or restoration, dismantling, examination, repair, alteration, adjustment, testing or inspection of any premises that may have an environmental impact or the undertaking of any work or activity that may have an environmental impact;

Environmental Protection and Management

(j)

a person who handles, stores, transports or uses hazardous substances to take out and maintain policies of insurance in such circumstances and against liabilities for such risks, costs or damages as may be prescribed;

(k)

the terms and conditions including any minimum limit of indemnity of any policy of insurance required to be taken out or maintained, the form of the certificate of insurance, the different terms and conditions in different circumstances;

(l)

notifying or submitting a report to the Authority, in the event of an environmental incident;

(m)

appointment of an environmental officer coordinator, committee or auditor;

(n)

prescribing environmental training courses and requiring persons to attend such courses;

(o)

prescribing for the compensation, damages, recovery of costs, arrears and expenses with respect to the administration of this

Act;

(p)

subsidiary powers of Authority, which are in addition to the powers as specified in this Act; and

(q)

prescribing types of tests to be carried out and the records to be maintained by occupiers or owners of a premises or a person who appears to be carrying out the activities or having control of such activities with respect to the emission of air impurities.

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