Regulatory Risk & Compliance ImpacT

 Key penalties include are:

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 (Section 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 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 now compound offenses for a sum up to 50% of the maximum fine of the specific offense.