ESH.APP.

05
SIME DARBY PROPERTY BERHAD Rev. 0

PROPERTY LEGAL REGISTER

REGULATION : Environmental Quality (Clean Air) Regulations 1978
Prepared by : Verified by :

Part Regulation Summary/Requirement Location Complied Not Complied Remark

Interpretation:
" Air Impurities" includes smoke, soot, dust, ash,
flash, cinders, grit, solid particles, gasses, fumes,
mist, odors and radioactive substance which are
liable to affect adversely the human health or
the living environment.
"Existing Facilities" means facilities already
erected, installed and in operation prior to the
date on which these Regulations come into
force.
"New Facilities" means any plant, equipment,
installation in any trade, business,
establishment, or premises on or after date on
which these Regulation come into force and
which generates, emits, disposes or scatters air
impurities into the atmosphere.
"Fuel Burning Equipment" means furnace, boiler,
2 fireplace, oven, retort, incinerator, internal
combustion engine, vessel or any other
apparatus, device, mechanism, stack, chimney
or structure used in connection with the burning
of combustible material.
"Process" means action, operation, conversion
I or treatment embracing chemical, industrial,
manufacturing or processing factors, methods or
forms.
"Reingelmann Chart" means Ringelmann scale
for grading the density of smoke published by
the latest BS 2742 series.
"Solid Fuel" means any solid combustible such
as coal, coke, charcoal, wood, log, timber, fruit
branch, trimming, kernel, shell or solid by
product of manufacturing process that may be
substituted for any such fuel.

Application:
Unless a license issued in respect of such
3
premises under PART III of the Act otherwise
varies, the Regulations shall apply to:-
any premises used for any industrial or trade
3(a) purposes, or on which matter is burnt in
connection with any industrial or trade purposes
including burning of waste;
any facility or proceed that discharges or is
3(b) capable of discharging air impurities into open
air;
3(e) every furl burning equipment.
 ESH.APP.05
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SIME DARBY PROPERTY BERHAD

PROPERTY LEGAL REGISTER

REGULATION : Environmental Quality (Clean Air) Regulations 1978
Prepared by : Verified by :

Part Regulation Summary/Requirement Location Complied Not Complied Remark

Industrial Use:
Except with written approval from DG, new
4 installation described in First Schedule shall not
be installed within premises of the following
class:
the premises situated within area designated as
4(a)
residential zone;
the premises situated within housing estate or
4(b) within 1000 meters of the nearest dwelling
house.
II Interpretation of local plan:

5 "Local plan" and "local planning authorities" have

the same meaning respectively assigned to them
in Town and Country Planning Act 1976.
6 Refusal of Approval:
DG may refuse approval if in his opinion that will
6(1)
cause pollution.
DG may grants approval under paragraph (1)
6(2)
with impose of condition on such approval.
14 Permissible Dark Smoke Limit for New Facilities:
Any occupier shall not cause, suffer , allow or
14(1)
permit smoke emissions of any color from new
facility.
darker than designated as shade No. 1 on
14(1)(a)
Ringelmann Chart
when observed or recorded with such instrument
14(1)(b) or device as the DG may approve that to be
darker than shade No. 1 on Ringelmann Chart
to be opacity as to cause obstruction to a degree
14(1)(c) equivalent to smoke darker than shade No. 1 on
Ringelmann Chart
IV
For fuel burning equipment utilizing solid fuel,
14(2) permissible limit specified in 1a, 1b and 1c shall
be shade No. 2 on Ringelmann Chart
Permissible Dark Smoke Limit for Existing
15
Facilities:
Permissible limit shall be shade No. 2 on the
15(1)
Ringelmann Chart.
 Occupier for existing facility emitting smoke shall ESH.APP.05
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comply with the requirement of paragraph (1)
15(2) within 6 months from the date these Regulations
come into force.

SIME DARBY PROPERTY BERHAD

PROPERTY LEGAL REGISTER

REGULATION : Environmental Quality (Clean Air) Regulations 1978
Prepared by : Verified by :

Part Regulation Summary/Requirement Location Complied Not Complied Remark

Exceptions:
Reg. 14 and Reg. 15 shall not apply to the
16 emission of smoke from an installation for an
aggregate of less than 5 minutes in 1 hour
provided that the total period of such emission
shall not exceed an aggregate of 15 minutes in
cont. IV 24 hours.
Water Vapor:
With presence of water vapor be the only reason
for failure of an emission to meet the standards
17 specified in Reg. 14 & Reg. 15, these
requirements shall not apply provided the
occupier has obtained prior approval from DG
about permission to discharge the same.
Prescribed permissible limits of concentration of
air impurities in conducting any process of fuel
20 burning equipment or industrial plant shall be as
set out in Reg. 24 to 30.
21 Date of Compliance:
21(1) New facilities shall comply with Standard C.
Existing facilities shall comply with Standard A
21(2) within 2 years and comply with Standard B within
3 years, from the date of these Regulations
come into force.
Direct Compliance of Standard B:
22 Existing facility under Reg. 21 (2) may comply
with Standard B directly without having to comply
with Standard A, provided:
V
the particular installation or facility it is more
22(i) economical and practicable to achieve Standard
B directly;
DG has been informed of such intention together
with the design, drawing, calculation and
22(ii) planned work schedule of the proposed control
equipment no later than 12 months from the date
these Regulations come into force;
 satisfactory work progress has been achieved in ESH.APP.05
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the procurement, fabrication, installation and
(iii) erection of necessary control equipment in the
1st and 2nd year these Regulations come into
force to comply with Standard B.

SIME DARBY PROPERTY BERHAD

PROPERTY LEGAL REGISTER

REGULATION : Environmental Quality (Clean Air) Regulations 1978
Prepared by : Verified by :

Part Regulation Summary/Requirement Location Complied Not Complied Remark

Accelerated Compliance:
In the opinion of DG, compliance could be
23 reasonable be accelerated, by written notice
serve upon the owner or occupier require him to
comply with the said standard within such period
as he may direct.
Solid Particles Concentration in other Operation:
Fuel burning equipment or industrial plant (other
than used for heating metal) in operation of
25 which air impurities are emitted, the
concentration shall be such total mass before
admixture with air, not exceed Standard A:0.6,
Standard B: 0.5, Standard C:0.4 gramme in
cubic meter of effluent gases.
32 Occupier to use Best Practicable Means:
Occupier shall use best practicable means to
32(1)
prevent the emission of noxious or offensive
32(3) substances.
Best practicable means include:
32(3)(iii) use of suitable raw material or fuel
32(3)(vi) proper conduct and adequate supervision of
operation
regular efficient maintenance of plant and control
32(3)(vii) equipment
Erection of Fuel Burning Equipment:
Person intending to erect, install, reside or alter
equipment, plant or facility used for the purpose
36 of heating or generation of power that is rated to
consume pulverized fuel or solid fuel at 30kg or
more per hour or any liquid or gaseous matter at
cont. V 15kg or more per hour, shall obtain prior written
approval from DG.
Application to Erect etc. Fuel Burning Equipment:

37
 cont. V

Every application to erect; install, reside or alter ESH.APP.05

37 Rev. 0
fuel burring equipment shall be made on such
form as prescribed by DG.
Control Equipment to be in Operation:
Unless DG allows under special circumstances,
40
no facilities shall be operated without control
equipment in proper operation.
42 Occupier to Test and Record:
If required by DG, occupier shall install
equipment or device to carry out test with
respect to emission of air impurities, shall keep a
permanent register of all tests showing the date
and result of each test.

SIME DARBY PROPERTY BERHAD

PROPERTY LEGAL REGISTER

REGULATION : Environmental Quality (Clean Air) Regulations 1978
Prepared by : Verified by :

Part Regulation Summary/Requirement Location Complied Not Complied Remark

43 Sampling Point:
Point for measuring the concentration of air
43(a) impurities shall be such point as may be
cont. V determined by DG or authorized officer.
such point may be situated at the fixed point of
43(b) air impurities emission.
Owner or Occupier to Render Assistance:

VI 45 Occupier of any premises being inspected by DG

or his authorized officers shall provide every
convenience and reasonable assistance that
may be requested.
Emergency Requirement:
Operation or control equipment used on
46 premises may cause accumulation of air
impurities attaining level as to threaten the public
health, safety or welfare, or quality of the
environment, DG may write and require occupier
A comprehensive standby plan detailing
equipment, chimney and personnel required,
46(a) measures and steps to be taken by all parties
concerned in the event of occurrence;
46(b) Install necessary public warning or alert system
46(c) To keep adequate stock.
Installation and Operation as Required by DG

47 Where in opinion of DG, emissions of air

impurities not adequately protect public, he may
cont. VI by written notice require the occupier:-
install and operate control equipment or
47(a)
additional control equipment
 cont. VI

repair, alter or replace any control equipment on ESH.APP.05

47(b) Rev. 0
premises
47(c) erect or increase the height of chimney
47(d) emit, discharge or deposit the air impurities
carry out any equipment or industrial plant
47(e)
in such manner as DG may specify in the notice.
Exemptions:
Where DG is satisfied, DG may by written notice
48 to the applicant exempt, wholly or partly any
premises or equipment or industrial plant subject
to such condition and for the period as specified
in the notice.

SIME DARBY PROPERTY BERHAD

PROPERTY LEGAL REGISTER

REGULATION : Environmental Quality (Clean Air) Regulations 1978
Prepared by : Verified by :

Part Regulation Summary/Requirement Location Complied Not Complied Remark

Licensed Required to Contravene Acceptable

49
Condition
No person shall, unless licensed under section
22(1), emit or discharge any waste into the
49(1) atmosphere in contravention of the acceptable
conditions specified in Regulations.

Application for a license under section 22(1)

49(2) shall be made in accordance with the procedure
specified in EQ (Licensing) Regulations 1977.
DG shall refuse the grating of such license to
contravene acceptable conditions specified in
these Regulations unless he is satisfied that the
49(3) granting is not likely to cause hazard to public
and living lives or to affect adversely any
beneficial use of the environment and:-

there is no known practicable means of control in

49(3)(i)
order to comply with acceptable conditions
estimated cost incurred to comply will be
49(3)(ii) prohibitive having regard to the size of trade,
cont. VI process or premises
that the economic life of existing plant or
49(3)(iii) equipment is less than 3 years from date these
Regulations come into force
the design, fabrication, supply and
49(3)(iv) commissioning of the necessary control
equipment require longer period than the
specified compliance date
 an occasion or instance whereby the imposition ESH.APP.05
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of the acceptable conditionals prescribed would
49(3)(v) create a condition, which in DG opinion, having
regard to circumstances, is not reasonable
practicable of is contrary to the intent and spirit
of the Act.
Schedule of Actions
DG may prescribe a Schedule of actions to bring
50 violator into compliance within a fixed period of
time, with approval of the Minister
Remedying of Damage
In the event of damage caused by violation, DG
51 may order the violator to take action necessary
to remove, dispense, destroy or mitigate the
pollution at the violator's expense.

SIME DARBY PROPERTY BERHAD

PROPERTY LEGAL REGISTER

REGULATION : Environmental Quality (Clean Air) Regulations 1978
Prepared by : Verified by :

Part Regulation Summary/Requirement Location Complied Not Complied Remark

Authorized Officer to Produce Identification and

52
Receipt
Authorized officer who intends to enter and
52(1)
inspect premises shall produce the necessary
identification.
Occupier may refuse entry of officer into the
52(2) premises if such identification has not been
presented upon request.
Authorized officer shall acknowledge receipt of
52(3) any sample, photographs or copies of
documents necessarily removed by him from the
premises.
Obstruction of Officer
53 No person shall delay or obstruct any officer in
the exercise of his power.
Compliance with Other Written Laws
54
Nothing in these Regulations shall:-
cont. VI be constructed as relieving or exempting the
54(a)
occupier from complying with the provisions of
other written law
operate to relieve any occupier from civil or
54(b)
criminal liability
 cont. VI

be constructed as relieving or exempting the ESH.APP.05

Rev. 0
occupier from ensuring the adequacy in design
54(c) and construction, efficiency in operation and
maintenance of fuel burning equipment or other
control equipment
55 Prohibition Order
In the event of any undesirable occurrence
(Fourth Schedule) and in opinion of DG, Dg may
55(a) by written notice issue an order to prohibit
occupier further operation of such plant or
process absolutely of conditionally.

A copy of the DG;s prohibition order shall be

55(b) posted on a conspicuous place and no person
shall operate it until prohibition order is
withdrawn.
56 Penalty
Person who emit or discharge waste in
contravention of regulations shall be guilty of an
offence and liable to a fine n.e. RM10,000 or a
VII term of imprisonment n.e. 2 years or both and to
56(1)
a further fine n.e. RM1,000 a day for every day
that the offence is continued after a notice by DG
requiring him to cease the act specified therein
has been served upon him.

SIME DARBY PROPERTY BERHAD

PROPERTY LEGAL REGISTER

REGULATION : Environmental Quality (Clean Air) Regulations 1978
Prepared by : Verified by :

Part Regulation Summary/Requirement Location Complied Not Complied Remark

An omission or neglect to comply with, other

than paragraph (1) shall be an offence and the
56(2) offender shall on conviction be liable to a fine
n.e. RM5,000 or a term of imprisonment n.e. 1
year of both.
57 Fees
Every application for approval or registration
cont. VII 57(1) prescribed by these Regulations shall be
accompanied by the necessary processing fee
(Fifth Schedule)
Payment shall be made by cash, money order,
57(2) postal order or bank draft to the DG who shall
issue a receipt upon realization of the payment.

Payment shall not be required in respect of plant

57(3) or facilities wholly owned by the Government.
Compoundable Offences
Offences may be compounded by DG:-
58 Reg. 4, 7, 8, 10, 14, 15, 17, 18, 19, 24, 25, 26,
27, 28, 29, 30, 31, 33, 34, 35, 36, 38, 40, 41, 42,
45, 46 and 47.
VIII
VIII
Compounding Procedures ESH.APP.05
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59 Compounding of offences specified in Reg. 58
shall be in accordance with the procedure laid
down in EQ (Compounding of Offences)
Regulations 1978.