Environmental Protection and Management Act · 2022 Revised Edition · Part · General
41. Regulations
Official textFrom Attorney General's Chambers, unchanged
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.
Minister
“Minister” means the Minister responsible for environmental protection and management matters;
Without prejudice to subsection (1) the Minister may impose requirements with respect to —
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;
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;
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;
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;
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;
control of land pollution, including industrial waste, domestic waste and littering;
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;
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;
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
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;
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;
notifying or submitting a report to the Authority, in the event of an environmental incident;
appointment of an environmental officer coordinator, committee or auditor;
prescribing environmental training courses and requiring persons to attend such courses;
prescribing for the compensation, damages, recovery of costs, arrears and expenses with respect to the administration of this
Act;
subsidiary powers of Authority, which are in addition to the powers as specified in this Act; and
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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Terms defined in s 3
environmental audit
Defined · s 3“environmental audit” means a periodic, systemic, documented and objective evaluation to determine — (a) the compliance status to environmental regulatory requirement; (b) the environmental management system; and (c) the overall environment risk of the premises or activities;
environmental impact
Defined · s 3“environmental impact” means the likely impact of any prescribed activity on various aspects of the environment, and includes the impact on land (including changes in shape of the terrain and dredging being conducted simultaneously), or within the structure (including the establishing, modifying and expanding of a structure for specific purposes), after the implementation of a prescribed activity;
environmental officer
Defined · s 3“environmental officer” means the Environmental Officer appointed under section 10;
hazardous substance
Defined · s 3“hazardous substance” means — (a) any natural or artificial substance including any raw material, whether in a solid, semi-solid or liquid form, or in the form of gas or vapour, or in a mixture of at least two of these substances; or (b) any living organism, intended for any environmental protection, conservation and control activity, which can cause pollution or detrimental effect to the environment, as the case may be;
inland waters
Defined · s 3“inland waters” means any reservoir, pond, lake, river, stream, canal drain, spring or well, or any part of the sea above the low water line along the coast, or any other body of natural or artificial surface or sub-surface water;
Minister
Defined · s 3“Minister” means the Minister responsible for environmental protection and management matters;
pollutants
Defined · s 3“pollutants” means any natural or artificial substances, whether in a solid, semi-solid or liquid form, or in the form of gas or vapour, or in a mixture of at least two of these states, or any objectionable odour or heat emitted, discharged or deposited or is likely to be emitted, discharged or deposited from any source which can directly or indirectly cause pollution or damage to the environment;
premises
Defined · s 3“premises” includes any place whether enclosed or built on or not, whether situated underground or under water and, in particular, includes — (a) any building, vehicle, vessel or aircraft; (b) any structure, whether a fixed structure or a movable structure such as a tent; and (c) a part of any premises, including a part of premises of a kind referred to in paragraph (a) or (b);
prescribed activity
Defined · s 3“prescribed activity” means any activity set out in Schedule 1;
sale
Defined · s 3“sale” includes barter, exchange, import and export and also includes offering or attempting to sell, or causing or allowing to be sold, or exposing for sale or receiving or sending or delivering for sale;
smoke
Defined · s 3“smoke” includes soot, ash, grit and gritty particles emitted into the air;
trade effluent
Defined · s 3“trade effluent” means any liquid, either with or without particles of matter in suspension therein, which is the outflow from any trade, business or manufacture or of any works of engineering or building construction;