Key regulatory penalties under the Environmental Quality Act (EQA 1974) include:
Scheduled Waste Mismanagement (Section 34B)
Fine: RM100,000 to RM10 Million
Imprisonment: Mandatory jail term (Up to 5 years)
Inland Water Pollution (Section 25)
Fine: RM50,000 to RM10 Million
Imprisonment: Mandatory jail term (Up to 5 years)
Discharge of Oil or Waste into Malaysian Waters (Sections 27 & 29)
Fine: Up to RM10 Million
Imprisonment: Up to 5 years
Air Pollution (Section 22)
Fine: RM10,000 to RM1 Million
Imprisonment: Up to 5 years
Open Burning (Section 29A)
Fine: RM25,000 to RM1 Million
Imprisonment: Up to 5 years
EIA Non-Compliance (Section 34A)
Fine: RM100,000 to RM1 Million
Imprisonment: Mandatory jail term (Up to 5 years)
Enforcement & Operational Suspension
The Department of Environment (DOE) has expanded powers to ensure environmental compliance and can halt activities that threaten public health or the environment.
Stop Work Orders: Immediate suspension of operations for activities causing imminent pollution or those operating without Environmental Impact Assessment (EIA) approval.
Prohibition Orders: Restricting the use of specific industrial plants or equipment until remedial measures are fully verified by the authorities.
Daily Default Fines: Continuing offenses can incur an additional fine of up to RM5,000 per day for every day the violation remains unresolved after a notice is served.
Compounding of Offenses: The DOE can compound regulatory penalties for a sum up to 50% of the maximum fine for the specific offense.
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