CHAPTER 3:

Malaysian Occupational Safety,

Health and Environmental Laws

1. Organization/Bodies/Agencies Related to Occupational Safety and

Health, and Environmental Management
2. Occupational Safety and Health Act 1994 and Regulations
3. Overview of the Factory and Machinery Act 1967 and Regulations
4. Overview on Environmental Quality Act 1974 and Regulations
 Malaysian Occupational Safety,
Health and Environmental Laws

1. Organization/Bodies/Agencies Related to Occupational

Safety and Health, and Environmental Management
 MHR:
◦ It is the Ministry of Human Resources of Malaysia.

 DOSH(ENFORCEMENT):
◦ It is the Department of Occupational Safety and Health.
◦ To ensure the occupational safety, health and welfare of
people at work as well as protecting other people from
the safety and health hazards arising from activities of various
sectors.
◦ It also responsible for enforcement of legislations related to
occupational safety and health for Malaysia.
 NCOSH (ADVISOR):
◦ It is the National Council for Occupational Safety and Health.
◦ It is dedicated to promoting safe and healthy working
conditions for all working people through organizing and
advocacy.
◦ Their belief: That almost all work-related deaths and serious injuries
and illnesses are preventable motivates us to encourage workers to
take action to protect their safety and health, promote protection from
retaliation under job safety laws, and provide quality information and
training about hazards on the job and workers’rights.
 NIOSH (TRAINING AND EDUCATION):
◦ It is the National Institute for Occupational Safety and Health
◦ The core activities are (Training):
1. OSH Practitioners’ / General OSH
2. Certificated / Competency
3. In-house
4. Trainers
5. Conference and Seminar
6. Safety Induction System
 BOMBA
◦ The Fire and Rescue Department of Malaysia (Jabatan Bomba dan
Penyelamat Malaysia (JBPM), popularly known as Bomba, is the federal fire
and rescue services agency in Malaysia.
 MOH
◦ Ministry of Health

 SOCSO
◦ It is an organization protects Malaysian employees as accordance with
Employees‘ Social Security Act 1969.
◦ The act requires all employers in Malaysia to register their business
and also to register their employees to SOCSO. Monthly
contributions must be made by both employer and employees
according to the percentage given by government.
◦ There are two scheme covered by SOCSO; workplace accident
and invalidity scheme.
◦ In short, whenever a Malaysian met an accident at workplace or having
inabilities due to accident, he or she can claim to SOCSO.
 Malaysian Occupational Safety,
Health and Environmental Laws
2. Occupational Safety and Health Act 1994 and Regulations
 The Act:
http://www.dosh.gov.my/index.php/en/legislation/acts/23-02-
occupational-safety-and-health-act-1994-act-514/file
 EMPLOYER
 EMPLOYEE
 SHO (Regulations)
 SHC (Regulations)
 Occupational Safety and Health Act 1994
(Act 514)

 This Act provides a comprehensive system of law on how

to deal with OSH of employees at workplace in an
organization:
 http://www.dosh.gov.my/index.php/en/legislation/acts/23-02-
occupational-safety-and-health-act-1994-act-514/file
 http://www.dosh.gov.my/index.php/en/legislation/regulations-1/osha-
1994-act-154
 http://www.dosh.gov.my/index.php/en/legislation/order/occupational-
safety-and-health

8
 Occupational Safety and Health Act, 1994
(Act 514)
Applies to Ten industries:
i. Manufacturing
ii. Mining and Quarrying
iii. Construction
iv. Agriculture,Forestry and Fishing
v. Utilities: Electricity,Gas,Water,and Sanitary services
vi. Transport, Storage and Communication
vii. Wholesale and Retail Trades
viii. Hotels and Restaurants
ix. Finance,Insurance,Real Estate and Business Services
x. Public Services and Statutory Authorities
9
 Occupational Safety and Health Act, 1994
(Act 514)

The OSH Act (Act 514) does not apply to:

1. Military and armed forces

2. On board ships or moving vessels in international
waters (International Maritime Ordinance,Merchant
Shipping Ordinance)

10
 Occupational Safety and Health Act, 1994
(Act 514)
 Section 1: Short and Title
 Section 3: Interpretation of Term
 Section 4: Objectives of the Act
 Section 15: General Duties of Employers and Self-employed Persons to
Their Employees
 Section 16: Duty to Formulate Safety and Health Policy
 Section 17: General Duties of Employers and Self-employed Persons to
Persons other than Their Employees
 Section 24: General Duties of Employees at Work
 Section 29: Safety and Health Officer
 Section 30: Establishment of Safety and Health Committee at Place of Work
 Section 31: Functions of Safety and Health Committee

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 Section 4: Objectives of the Act

 To secure the SHW of persons at work against risk to SH

arising out of the activities of persons at work.
 To protect persons at a place of work other than persons at
work against risks.
 To promote an occupational environment for persons
adapted to physiological and psychological needs.
 To provide the means whereby the OSH legislations may be
progressively replace by a system of procedures and codes
of practice.
*SHW: Safety, Health & Welfare
12
 Section 15: General Duties of Employers and
Self-employed Persons to Their Employees
EMPLOYERS

Principal Employer Immediate Employer

- The owner - Your supervisor

- Person who give/sign the contract of service - Branch manager
- Manager who pays the salary - Dean
- The occupier of place of work - An employee under Principal Employer
- Legal representative of deceased owner
- Any government of Malaysia, local authority

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 Duties of the Employer & Self Employed
Person

 To ensure SHW of all employees at workplace.

 To provide and maintain safe systems of works.
 To ensure all operation, handling, storage, transport of
substances, plant are safe for the employees.
 To provide information, instruction, training and
supervision to ensure SHW of employees at work.

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 Duties of the Employer & Self Employed
Person

 To ensure and maintain a safe access to and egress

from the place of work.
 To provide and maintain safe working environment
and adequate facilities for their welfare at work.
 Duty to formulate SH policy.
 Duty to ensure safety of other persons not being his
employees at work place.

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 Duties of the Employer & Self Employed Person

 To ensure design, manufactures, imports, supplies

plant or substance that are safe to use.
 Duty not to charge employees for things relating to
OSH implementations.
 Not to discriminate against employees who may make
complaints on OSH matters.
 To carry out medical surveillance on cases of illness
arise form works.
 To employ a SHO, exclusively for OSH matters in
organization.
16
 Duties of the Employer & Self Employed Person

 To establish a SHC at place of work if there are 40 or

more employees at work.
 To notify the nearest DOSH office of any accident,
dangerous occurrence, poisoning.
 To provide, maintain a system of communications for
OSH matters and complaints.
 To prepare and promote SHW rules and procedures.
 To provide a suitable place for SHC to hold its
meetings.

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 Section 16: Duty to Formulate Safety and
Health Policy
 Section 16 of the Act shall apply to every employer and every self-employed
person EXCEPT those who carry on an undertaking with not more than five
employees - Occupational Safety And Health (Employers' Safety And Health General Policy
Statements) (Exception) Regulations 1995.

 It will be the duty of every employer and every self-employed

person to prepare SH policy.
 As often as may be appropriate, revise a written statement of his
general policy with respect to the safety and health at work.
 To bring the statement and any revision of it to the notice of all of
his employees.

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 Employees at Work

EMPLOYEES

 a person who is employed for wages under a contract of

service
 a person directly employed by principal employer
 a person employed by or through an immediate employer
 a person whose services are temporary lent, hire, entered into
a contract of service
 an independent contractor engaged by an employer and any
employees of the independent contractor

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 Section 24: General Duties of Employees at Work

 To take reasonable care for the SHW of himself and his

colleagues.
 To cooperate with his employer on OSH requirements.
 To wear or use at all times any PPE provided by the employer
to prevent risks to his SH.
 To comply with any instructions on OSH matters and OSH Act
regulations.
 If employee contravenes, the penalty imposed is fine not more
than RM1000 or three months imprisonment.
 Intentionally misuse, abuse, interfere things or PPE, the
penalty imposed is fine not more than RM20,000 or 2 years
imprisonment.
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 Section 29: Safety and Health Officer

 Refers to the DOSH officers appointed by the D-G.

 SHO registered with DOSH but working in respective
organizations. They are the “eyes” for DOSH
department.
 A normal executive who is given the responsibilities
for OSH matters, HR or Training Officer that acts as
SHO.
 http://www.dosh.gov.my/index.php/en/oyk-sho

21
 DUTIES OF SHO - OSH (SHO) Regulations
1997
 To advise employer on SHW matters and actions
at place of work.
 To inspect the place of work, machines, plant,
equipment, substance pertaining to SHW.
 To investigate any accident, near miss,
dangerous occurrence, occupational disease.
 To assist employer and SHC on formulating OSH
programs at place of work.
 To become secretary for SHC.
22
 DUTIES OF SHO - OSH (SHO) Regulations
1997
 To assist the SHC in inspections of place of work
and to review its effectiveness and efficacy of
actions takes.
 To collect, analyze, maintain statistics of any
accidents, near miss.
 To assist the DOSH officer in his visit.
 To carry out instructions made by his employer
on OSH matters.
 To submit monthly report to the employer.
23
 POWERS OF SHO
◦ administer oaths and affirmations in court or conducts inquiry.
◦ prohibit the use of plant, substance.
◦ to examine witnesses.
◦ make examination and investigation of any plant, substance,
article in an organization in pursuant to this Act.
◦ take measurement, photographs, recordings in investigations.
◦ takes samples of any article, substance at work place.
◦ instruct any person to be medically examined for certain jobs.
◦ enter into premises with or without search warrants and power to
seize.
◦ to forceful entry and service an occupier of signed copy of list of
things seized from premises.

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 Class or Description of Industries Required to Employ SHO

(a) any building operation where the total contract price of the project exceeds twenty million ringgit;
(b) any work of engineering construction where the total contract price of the project exceeds twenty
million ringgit;
(c) any ship building employing at peak of the work more than a hundred employees;
(d) any gas processing activity or petrochemical industries employing more than a hundred
employees;
! ""more
(e) any chemical or allied industry employing # than a hundred employees
(f) any boiler or pressure vessel manufacturing activity employing more than a hundred employees;
(g) any metal industry where there is canning or stamping or blanking or shearing or bending
operations and employing more than a hundred employees;
(h) any wood working industry where there is cutting or sawing or planning or moulding or sanding or
peeling or any combination of the above, and employing more than a hundred employees;
(i) any cement manufacturing activity employing more than a hundred employees; and
(j) any other manufacturing activity other than the manufacturing activity specified in subparagraphs
(f) to (i), employing more than five hundred employees

25
 Section 30: Establishment of Safety and
Health Committee (SHC) at Place of Work
 Every employer shall establish a SHC at place of work if there are 40 or
more employees; or when the D-G directs an organization.
SHC Organization Chart
Chairman
-one top management
staff
Secretary
- SHO or SHM
Representatives Representatives
of employer of employees

Managers of Supervisors/ Technicians/ Staff

HRD, QC, PRODUCTION, STORE HRD, QC, PRODUCTION, STORE

26
Section 31: Functions of Safety and Health
Committee
Duties of SHC
• To assist in the development of safety and health rules and
safe systems of work.
• Review the effectiveness of safety and health programs
• Carry out studies on trends of accidents, near miss,
dangerous occurrence, occupational diseases.
• Review safety and health policies at place of work and make
recommendations to employer.
• Inspect the place of work at least once in 3 months.

27
Section 31: Functions of Safety and Health
Committee
Duties of SHC
• Discuss observations made in inspections.
• Make recommendations to employer on action place.
• To keep a copy of OSH report for a period of 7 years.
• To assist employer in any safety and health programs, tasks.
• Together with employer to prepare and promote SHW rules.
• To conduct SHC meetings once in 3 months.
• To provide trainings to employees, and employer to provide
trainings to SHC.
• To ensure employer make available relevant documents and
Acts.
28
 PENALTIES UNDER THE OSH ACT
Section 19:
Penalty for an offence under section 15, 16, 17 or 18

Section 23:
Penalty for an offence under section 20 or 21

Section 49:
Penalty for failure to comply with notice

Section 51:
General penalty
29
 PENALTIES UNDER THE OSH ACT
SECTION OFFENCES PENALTY AND/OR
IMPRISONMENT

15 Failure of employer to ensure SHW at place of work: general duties of RM50,000 ; 2 years or both
employers

16 Failure of employer to formulate OSH Policy RM50,000 ; 2 years or both

17 Failure of employer to protect persons other than their employees RM50,000 ; 2 years or both

18 Failure to occupier of a place of work to protect persons RM50,000 ; 2 years or both

19 Penalty for the Section 15 -18 RM50000 ; 2 years or both

23 Failure of manufacturers, plants, substances that are safe to use, RM20,000 ; 2 years or both
Sections 20-21
28 Failure to conduct medical surveillance RM5000; or 6 months or both

29 Failure to employ a SHO RM5000 ;or 6 months or both

30 Failure to form a SHC RM5000; or 6 months or both

47 Failure of employer to cooperate with DOSH Officer RM10000; or 1 year of both

48/49 Failure to comply with Improvement / Prohibition Notices RM50,000; 5 years or both.
Additional fine of RM500 per day

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 Malaysian Occupational Safety,
Health and Environmental Laws

3. Factory and Machinery Act, 1967 and

Regulations
Overview of the Factory and Machinery Act,
1967 and Regulations

Objectives of this Act:

• To provide for the control of factories with respect to
matters relating to the safety, health and welfare of
persons.
• The registration and inspection of machinery.
• Applies only to premises defined within it, factories and
construction sites.
 Factories and Machinery Act, 1967

Part 1: Preliminary
Part 2: Safety, Health and Welfare
Part 3: Persons in Charge and Certificates of Competency
Part 4: Notifications of Accident, Dangerous Occurrence and
Dangerous Diseases
Part 5: Notice of Occupation of Factory, and Registration and Use of
Factory
Part 6: General

Schedules:
First Schedule: Dangerous Occurrence
Second Schedule: Serious Bodily Injury
Third Schedule: Notifiable Industrial Disease
33
 Factories and Machinery Act, 1967

PART 1: PRELIMINARY SECTION

1. Short title
2. Interpretation of “factory”
3. Interpretation: general
4. Appointment of officers
5. Supervision of officers
6. Officers are public servants
7. Powers of an Inspector
8. Obstruction an offence
9. Persons not to reveal secrets
34
 Factories and Machinery Act, 1967
PART 2: SAFETY, HEALTH AND WELFARE SECTION
1. Provisions relating to safety, etc.
2. Persons exposed to explosive, inflammable, etc., substances
3. Lifting of weights
4. Provisions against fire
5. Construction of machinery
6. Dangerous parts of machinery
7. Projecting material
8. Machinery for hire or sale must comply with regulations
9. Machinery manufactured or repaired must comply with regulations
10. Certificate of fitness
11. Duties of persons employed
12. Duties of occupier
13. Provisions relating to health
14. Exposure to elements
15. Personal protective clothing and appliances
16. Provisions relating to welfare
35
 Factories and Machinery Act, 1967

PART 3: PERSON IN CHARGE AND CERTIFICATES OF COMPETENCY

Section
26. Training and supervision of inexperienced workers
27. Chief Inspector may make orders in circumstances
28. Young persons
29. Certain machinery not to be operated without certificated staff
30. Panel of Examiners and Board of Appeal

36
 Factories and Machinery Act, 1967
Part 4: Notification of Accidents, Dangerous Occurrence
and Dangerous Diseases
1. The occupier must notify the nearest inspector of accidents
and diseases. Accidents include: – Loss of life; – Injury to a
person who loses more than 4 days work (loss time injury –
LTI); – Serious damage to machinery or other property
(Section 31).

2. Inspectors may investigate accidents and dangerous

occurrence and hold enquiries into more serious cases
(Section 33)
37
 Factories and Machinery Act, 1967
Part 5: Notice of Occupation of Factory, and
Registration and Use of Factory/Machinery
1. Notify Department of Occupational Safety ad Health (DOSH) within 3
months of the intended start date (Section 34) operation of factory
2. Building operations must be notified if last more than 6 weeks (Section
35) Building operations or works of engineering construction
3. Changes to the use of factory or machinery must be notified to DOSH
4. Fills a standard form together with
(a) layout plan of the factory;
(b) list of products to be manufactured;
(c) list of machines to be used;
(d) list of chemicals, toxic or flammable substances to be used
(e) detail flowchart of the processes
38
 Factories and Machinery Act, 1967
Part 6: General

1. Chief Inspector’s powers (Section 49).

2. General penalty RM2,000.00. Certain sections is RM5,000.00 (Section 51)
3. Power to modify agreements: owner may apply to the High Court for the
terms of the agreement to be set aside or modified (Section 53)
4. Medical supervision (Section 57):
(a) cases of illness have occurred which he has reason to believe may be
due to the nature of the process or other conditions of work;
(b) there may be risk of injury to the health of persons employed in any
process; or
(c) persons below the age of eighteen years are, or are about to be,
employed in work which may cause risk of injury to health,

39
51. Regulations.
(1) In addition to and not in derogation of any of the powers contained in any other provisions of
this Act, the Minister after consultation with the Council may make regulations for or with respect
to-
(a) prescribing fees for examining plans, specifications and information relating to installations or
proposed installations the subject of applications for licences or for any other forms of approval
given under this Act or any regulations made thereunder;
(b) prescribing standards or criteria for the implementation of any declared environmental policy
or classification for the protection of the environment and for protecting beneficial uses;
(c) prescribing standards or criteria for determining when any matter, action or thing is poisonous,
noxious, objectionable, detrimental to health, or within any other description referred to in this
Act;
(d) prohibiting the discharge, emission, or deposit into the environment of any matter, whether
liquid, solid, or gaseous, or of radio-activity and prohibiting or regulating the use of any specified
fuel;
(e) prescribing ambient air quality standards and emission standards and specifying the maximum
permissible concentrations of any matter that may be present in or discharged into the
atmosphere;
(f) prohibiting the use of any equipment, facility, vehicle, or ship capable of causing pollution or
regulating the construction, installation or operation thereof so as to prevent or minimize
pollution;
(g) requiring the giving of pollution warnings or alerts;
(h) prohibiting or regulating the open burning of refuse or other combustible matter;
(i) regulating the establishment of sites for the disposal of solid or liquid wastes on or in land;
( j ) defining objectionable noise and prescribing standards for tolerable noise;
(k) prohibiting or regulating bathing, swimming, boating or other aquatic activity in or around any
waters that may be detrimental to health or welfare or for preventing pollution;
(l) any matter or thing which by this Act is authorized or required or permitted to be prescribed or
which is necessary or expedient to be prescribed for carrying this Act into effect;
(p) requiring any person handling, storing or using oil or mixture containing oil report discharges
and spillages of oil or mixture containing oil into Malaysian waters;
(g) requiring any person handling, storing or using oil or mixture containing oil to store such
substance or material and equipment necessary to deal with any oil pollution of the Malaysian
waters that may arise in the course of their business.
(2) Any such regulation may be general or may be restricted in operation as to time, place,
persons or circumstances whether any such time, place, person or circumstance is determined or
ascertainable before, at or after the making of the regulations.
 Factories and Machinery Act, 1967

Schedules:
First Schedule: Dangerous Occurrence
Second Schedule: Serious Bodily Injury
Third Schedule: Notifiable Industrial Disease

http://www.dosh.gov.my/index.php/en/legislation/acts/26-03-factories-
and-machinery-act-1967-revised-1974-acts-139/file

42
 Malaysian Occupational Safety,
Health and Environmental Laws

4. Environmental Quality Act, 1974 and

Regulations
 Overview on Environmental Quality Act, 1974 and
Regulations
 http://www.env.go.jp/en/recycle/asian_net/Country_Information/Law_N_Regulation/Malay
sia/Malaysia_mal13278.pdf
◦ 22. Restrictions on pollution of the atmosphere.
◦ 23. Restrictions on noise pollution.
◦ 24. Restrictions on pollution of the soil.
◦ 25. Restrictions on pollution of inland waters.
◦ 27. Prohibition of discharge of oil into Malaysian waters.
◦ 28. Special defences.
◦ 29. Prohibition of discharge of wastes into Malaysian waters.
◦ 30. Power to prohibit use of any material or equipment.
 22. Restrictions on pollution of the atmosphere
22. Restrictions on pollution of the atmosphere.
(1) No person shall, unless licensed, emit or discharge any wastes into the atmosphere in
contravention of the acceptable conditions specified under section 21.
(2) Without limiting the generality of subsection (l), a person shall be deemed to emit or discharge
wastes into the atmosphere if-
(a) he places any matter in a place where it may be released into the atmosphere;
(b) he causes or permits the discharge of odors which by virtue of their nature, concentration,
volume or extent are obnoxious or offensive;
(c) he bums any wastes of the trade, process or industry; or
(6) he uses any fuel burning equipment not equipped with any device or control equipment required
to be fitted to such equipment.
(3) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable to a
fine not exceeding ten thousand ringgit or to imprisonment for a period not exceeding two years or
to both and to a further fine not exceeding one thousand ringgit a day for every day that the offence
is continued after a notice by the Director General requiring him to cease the act specified therein
has been served upon him.
23. Restrictions on noise pollution.
23. Restrictions on noise pollution.
(1) No person shall, unless licensed, emit or cause or permit to be emitted
any noise greater in volume, intensity or quality in contravention of the
acceptable conditions specified under section 21.

(2) Any person who contravenes subsection (1) shall be guilty of an offence
and shall be liable to a fine not exceeding five thousand ringgit or to
imprisonment for a period not exceeding one year or to both and to a
further fine not exceeding five hundred ringgit a day for every day that
the offence is continued after a notice by the Director General requiring him
to cease the act specified therein has been served upon him.
 24. Restrictions on pollution of the
soil.
24. - Restrictions on pollution of the soil.
(1) No person-shall, unless licensed, pollute or cause or permit to be polluted any soil or surface of
any land in
contravention of the acceptable conditions specified under section 21.
(2) Notwithstanding the generality of subsection (l), a person shall be deemed to pollute any soil or
surface of any land if-
!a) he places in or on any soil or in any place where it may gain access to any soil any matter
whether liquid, solid or gaseous; or
(b) he establishes on any land a refuse, dump, garbage tip, soil and rock disposal site, sludge
deposit site, waste-injection well or otherwise used land for the disposal of or a repository for solid
or liquid wastes so as to be obnoxious or offensive to human beings or interfere with underground
water or be detrimental to any beneficial use of the soil or the surface of the land.
(3) Any person who contrives subsection (1) shall be guilty of an offence and shall be liable to a fine
not exceeding ten thousand ringgit or to imprisonment for a period not exceeding two years or to
both and to a further fine not exceeding one thousand ringgit a day for every day that the offence
is continued after a notice by the Director General requiring him to cease the act specified therein
has been sewed upon him.
 25. Restrictions on pollution of inland waters
25. Restrictions on pollution of inland waters.
(1) No person shall, unless licensed, emit, discharge or deposit any wastes into any inland waters
in contravention of. the acceptable conditions specified under section 21.
(2) Without limiting the generality of subsection (l), a person shall be deemed to emit, discharge
or deposit wastes into inland waters if-
(a) he places any wastes in or on any waters or in a place where it may gain access to any waters;
(b) he places any waste in a position where it falls, descends, drains, evaporates, is washed, is
blown or
percolates or is likely to fall, descend, drain, evaporate or be washed, be blown or percolated
into any waters, or knowingly or through his negligence, whether directly or indirectly, causes or
permits any wastes to be placed in such a position; or
(c) he causes the temperature of the receiving , waters to be raised or lowered by more than the
prescribed limits.
(3) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable to
a fine not exceeding ten thousand ringgit or to imprisonment for a period not exceeding two
years or to both and to a further fine not exceeding one thousand ringgit a day for every day that
the offence is continued after a notice by the Director General requiring him to cease the act
specified therein has been served upon him.
27. Prohibition of discharge of oil into Malaysian waters

27. Prohibition of discharge of oil into Malaysian waters.

(1) NO person shall, unless licensed, discharge or spill any oil or

mixture containing oil into Malaysian waters in contravention of
the acceptable conditions specified under section 21.

(2) Any person who contravenes subsection (l) shall be guilty of

an offence and shall be liable to a fine of not less than one
thousand ringgit and not exceeding twenty-five thousand ringgit
or to imprisonment not exceeding two years or to both.
28. Special defences.
28. Special defences.
Where any person is charged for any offence under section 27 it shall be a defense
to prove that such discharge or spillage was-
(a) for the purpose of securing the safety of the vessel;
(b) for the purpose of saving human life;
(c) the result of damage to the vessel and that all reasonable steps were taken to
prevent, to stop or to reduce the spillage;
(d) the result of a leakage, which was not due to want of care, and that all
reasonable steps have been taken to stop or reduce the leakage; or
(e) the result of an effluent produced by operation for the refining of oil, and that
all reasonable steps had been taken to eliminate oil from the effluent and that it
was not reasonably practicable to dispose of the effluent otherwise than by
discharging or spilling it into the Malaysian waters.
29. Prohibition of discharge of wastes into Malaysian waters.

29. Prohibition of discharge of wastes into Malaysian waters.

(1) No person shall, unless licensed, discharge wastes into the
Malaysian waters in contravention of the acceptable conditions
specified under section 21.

(2) Any person who contravenes subsection (1) shall be guilty of

an offence and shall be liable to a fine not exceeding ten
thousand ringgit or to imprisonment not exceeding two years or
to both.
30. Power to prohibit use of any material or equipment.

30. Power to prohibit use of any material or equipment.

The Minister after consultation with the Council may by order
published in the Gazette-

(a) prohibit the use of any materials for any process, trade or
industry;

(b) prohibit whether by description or by brand name the use of

any equipment or industrial plant, within the areas specified in the
order.
 Regulations
51. Regulations.
(1) In addition to and not in derogation of any of the powers contained in any other provisions
of this Act, the Minister after consultation with the Council may make regulations for or with
respect to-
(a) prescribing fees for examining plans, specifications and information relating to installations
or proposed installations the subject of applications for licences or for any other forms of
approval given under this Act or any regulations made thereunder;
(b) prescribing standards or criteria for the implementation of any declared environmental
policy or
classification for the protection of the environment and for protecting beneficial uses;
(C) prescribing standards or criteria for determining when any matter, action or thing is
poisonous,
noxious, objectionable, detrimental to health, or within any other description referred to in this
Act;
(d) prohibiting the discharge, emission, or deposit into the environment of any matter, whether
liquid,
solid, or gaseous, or of radio-activity and prohibiting or regulating the use of any specified fuel;
(e) prescribing ambient air quality standards and emission standards and specifying the maximum
permissible concentrations of any matter that may be present in or discharged into the atmosphere;
(f) prohibiting the use of any equipment, facility, vehicle, or ship capable of causing pollution or regulating
the construction, installation or operation thereof so as to prevent or minimize pollution;
(g) requiring the giving of pollution warnings or alerts;
(h) prohibiting or regulating the open burning of refuse or other combustible matter;
(8 regulating the establishment of sites for the disposal of solid or liquid wastes on or in land;
( j ) defining objectionable noise and prescribing standards for tolerable noise;
(k) prohibiting or regulating bathing, swimming, boating or other aquatic activity in or around any waters
that may be detrimental to health or welfare or for preventing pollution;
(l) any matter or thing which by this Act is authorized or required or permitted to be prescribed or which
is necessary or expedient to be prescribed for carrying this Act into effect;
(p) requiring any person handling, storing or using oil or mixture containing oil report discharges and
spillages of oil or mixture containing oil into Malaysian waters;
(g) requiring any person handling, storing or using oil or mixture containing oil to store such substance or
material and equipment necessary to deal with any oil pollution of the Malaysian waters that may arise in
the course of their business.
(2) Any such regulation may be general or may be restricted in operation as to time, place, persons or
circumstances whether any such time, place, person or circumstance is determined or ascertainable
before, at or after the making of the regulations.