Q&A: environmental regulation in Malaysia

Legislation

What are the main statutes and regulations relating to the environment?

The main statute relating to the environment in Malaysia is the Environmental Quality Act 1974 (EQA) and the numerous regulations made thereunder.

What types of waste are regulated and how?

Waste is regulated under the Environmental Quality (Scheduled Wastes) Regulations 2005. ‘Scheduled wastes’ is defined to mean any waste falling within the categories of waste listed in the First Schedule.

Every waste generator is obliged to notify the Department of Environment (DOE) of any new categories and quantities of scheduled wastes generated. Scheduled wastes shall be disposed at prescribed premises only and treated at prescribed premises or on-site treatment facilities only.

Every waste generator is also responsible for ensuring that scheduled waste generated by them is properly stored, treated on site, recovered on site for material or product from scheduled wastes and ensures that every scheduled waste subjected to movement is packaged, labelled and transported in accordance with the guidelines prescribed by DOE.

What are the main features of the rules governing air emissions?

Section 25 of the EQA restricts pollution to the atmosphere in contravention of the accepted standards, unless licensed.

Specifically, the Environmental Quality (Clean Air) Regulations 2014 (Clean Air Regulations) regulates air emissions in Malaysia. The Clean Air Regulations are applicable to any premises used for any industrial or trade purposes, or on which matter is burnt in connection with any industrial or trade purposes; any other premises or processes that discharge or are capable of discharging air pollutants into open air; any industrial plant; and any fuel burning equipment.

An owner or occupier of a premises involved in any activity or industry listed in the First Schedule such as, among others, fuel burning, iron and steel mills, oil and gas, glass and ceramic manufacturing, shall incorporate measures to reduce the emission of air pollutants to the atmosphere in accordance with the Best Available Techniques Economically Achievable determined by the Director General. The limit values and technical standards that the owner or occupier of a premises involved in the listed activity or industry or set out based on the activity or industry.

Apart from the Clean Air Regulations, there are also other regulations to control motor vehicle smoke emissions as well as ozone-depleting substances.

Hazardous activities and substances

Are there specific rules governing hazardous activities?

Hazardous activities are generally governed by the Occupational Safety and Health Act 1994 (OSHA) and the regulations made thereunder. Such activities do not require a licence. The OSHA requires all employers, self-employed persons, principals, occupiers, etc, to ensure the safety and health of employees and persons at their workplaces.

What are the main features of the rules governing hazardous products and substances?

The Occupational Safety and Health (Use and Standards of Exposure of Chemical Hazardous to Health) Regulations 2000 (USECHH) is the main regulation on hazardous products and substances.

USECHH, among other regulations, imposes obligations for employer to keep a register of chemicals hazardous to health (Regulation 5), permissible exposure limit, assessment of risk to health, action to control exposure, labelling and relabelling, information, instruction and training, monitoring of exposure at the place of work, health surveillance, warning signs and record-keeping.

Regulatory authorities

Which authorities are responsible for the environment and what is the scope of each regulator’s authority?

The primary authority at the national level responsible for regulating and enforcing the environmental laws of Malaysia, specifically the Environmental Quality Act 1974 (EQA) and the regulations made thereunder, is the Department of Environment (DOE), which is headed by its Director General (DG). There are the various state DOEs headed by the respective State DG.

In addition, specific to water, there are other agencies that also have regulatory powers, such as the National Water Services Commission and the Water Management Authority of the State of Selangor, for instance.

In recent times, the police have also been investigating environment-related offences found in the Penal Code, such as section 430 (ie, mischief by injury to works of irrigation or by wrongfully diverting water).

To what extent may decisions of the regulators be appealed, and to whom?

Decisions of the DG are appealable to the Appeal Board and may be filed within 30 days the decision is communicated.