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ENGINEERS IN SOCIETY

LAW FOR ENGINEERS


(ENVIRONMENTAL LAW)
DR. FATEHAH MOHD OMAR
26 FEB 2018
LEARNING OBJECTIVES
• To be able to apply rules and legislation to engineers in society collectively.

LEARNING OUTCOMES
 To be able to discuss the needs of environmental law.

 To be able to identify the general content of the Environmental Quality Act


1974.
 To be able to discuss the sections (related to water, air, soil and noise pollution)
contained in the Environmental Quality Act 1974 in detail.

 To be able to explain the roles and responsibilities of the related agency to


environmental law.
SCHOOL OF CIVIL ENGINEERING
ROOM 3.38
EMAIL: cefatehah@usm.my
RUBRICS BY DR. FATEHAH MOHD OMAR

• ATTENDANCE 5%
• QUIZ 5%
• PADLET (INDIVIDUAL) 5%
• GROUP ASSESSMENT 5%
________________________________
• TOTAL 20% TEST (80%) = 100%
TEST 1
DATE : 14th March 2018 (Wednesday)
TIME : 8:00 – 10:00 a.m.
VENUE : ***To be confirmed (Dewan
Serbaguna OR Dewan Utama
Peperiksaan)

QUESTION TYPE :
30 Objective (60 marks)
2 Subjective (40 marks)
QUIZ
1. What is the name of the agency that
works to develop and enforce regulations
that implement environmental laws?

A. Division of Environment
B. Department of Environment
C. Environmental Agency Malaysia
D. Environmental Organization
2. What does EQA stand for?

A. Environmental Quality Assurance


B. Environmental Quantity Act
C. Environment Quantity Act
D. Environmental Quality Act
3. What is the purpose of the
Environmental Quality Act?
A. To prevent, abate, control of pollution and
enhancement of the environment.
B. To charge and arrest the environmental offenders who
stubbornly discharges pollution.
C. To enhance, protect and beautify the environment from
pollution.
D. To develop stringent regulations, summonses for
environmental offenders in order to protect the
environment.
4. In which year was the Environmental
Quality Act enforced?

A. 1957
B. 1963
C. 1981
D. 1974
5. How many PARTS are there in the
Arrangement of Sections in the EQA
1974?
A. 4
B. 5
C. 6
D. 7
6. What is the top position in the
Department of Environment?

A. Secretary General
B. Director General
C. Minister
D. Prime Minister
7. The following events describes best
that pollution is occurring EXCEPT?
A. Discharge of untreated effluent in the
municipal drains.
B. Release of ammonia toxic fumes in
the air at night.
C. Burying organic refuse in the
backyard.
D. Disposing chemical sludge in the sea.
8. In the video “Global Environmental
Problems”, the following issues are
highlighted EXCEPT?

A. Atmopheric pollution.
B. Raw material hunger.
C. Landfill pollution.
D. Waste formation.
9. The number one cause of tropical
deforestation worldwide is:

A. Commercial logging.
B. Uncontrolled wildfire.
C. Clearing of lands for agricultural use.
D. Building of roads and cities.
10. In the United States, the environmental
laws are enacted by Congress. Who enacts
the environmental law in Malaysia?
A. The Prime Minister with consent by
Parliament.
B. Dewan Negara and Dewan Rakyat in the
Parliament.
C. Duli Yang Maha Mulia Seri Paduka Baginda
Yang di-Pertuan Agong with consent by
Parliament.
D. Director-General of DOE.
WHAT’S YOUR SCORE?
WHAT DO YOU SEE?
Air Pollution
SOIL
POLLUTIO
N
Water Pollution
QUESTION:

HOW TO
OVERCOME
POLLUTION
PROBLEMS
AND
RELENTLES
S
POLLUTERS
WHY NEED ENVIROMENTAL LAW?
Environmental pollution has become one of the
greatest threats to mankind.
Environmental disasters are more frequent with
increasingly serious consequences.
Environmental pollution does not respect national
boundaries: transnational action is required.
Ultimately, laws will ensure that companies who
pollute are the ones paying the costs of preventing or
repairing damage to the environment.
ENVIRONMENTAL
QUALITY ACT (Act 127)
General Content
ARRANGEMENT OF SECTIONS
PART I – PRELIMINARY
PART II – ADMINISTRATION
PART III – LICENCES
PART IV – PROHIBITION AND CONTROL OF
POLLUTION
PART V – CONTROL OF SCHEDULED WASTES
PART VA – PAYMENT OF CLASS AND
ENVIRONMENTAL FUND
PART VI – MISCELLANEOUS
LIST OF REGULATIONS – AIR POLLUTION

Environmental Quality (Clean Air) Regulations 1978


Revoked by PU(A) 151/2014

Environmental Quality (Declared Activities) (Open


Burning) Order 2003

Environmental Quality (Clean Air) Regulations 2014


LIST OF REGULATIONS – WATER POLLUTION
Environmental Quality (Delegation of Powers on Marine Pollution
Control) Order 1993

Environmental Quality (Delegation of Powers on Marine Pollution


Control) Order 1994

Environmental Quality (Control of Pollution From Solid Waste


Transfer Station and Landfill) Regulations 2009

Environmental Quality (Sewage) Regulations 2009

Environmental Quality (Industrial Effluent) Regulations 2009


LIST OF REGULATIONS – SOIL POLLUTION

Environmental Quality (Control of Pollution From Solid


Waste Transfer Station and Landfill) Regulations 2009

Environmental Quality (Delegation of Powers)


(Investigation on Erosion and Sediment Control) Order
2012
LIST OF REGULATIONS – DEVELOPMENT

Environmental Quality (Prescribed Activities)


(Enviromental Impact Assessment) Order 1987
Revoked by PU(A) 195/2015

Environmental Quality (Prescribed Activities)


(Environmental Impact Assessment) Order 2015
PART IV
PROHIBITION AND
CONTROL OF POLLUTION
PART IV – PROHIBITION AND CONTROL OF
POLLUTION
Power to specify conditions of emission,
Section 21 discharge, etc.
Section 22 Restrictions on pollution of the atmosphere.

Section 23 Restrictions on noise pollution.

Section 24 Restrictions on pollution of the soil

Section 25 Restrictions on pollution of inland waters.


PART IV – PROHIBITION AND CONTROL OF
POLLUTION
Prohibition of discharge of oil into
Section 27 Malaysian waters.
Prohibition of discharge of wastes into
Section 29 Malaysian waters.

Section 29A Prohibition on open burning.

Section 29AA Exclusion from “open burning”.

Owner or occupier of premises liable for


Section 29B open burning.
Power to specify conditions of emission,
Section 21 discharge, etc.

The Minister, after consultation with the Council, may by regulations


specify the acceptable conditions for the emission, discharge or
deposit of environmentally hazardous substances, pollutants or
wastes or the emission of noise into any area, segment or element
of the environment and may set aside any area, segment or
element of the environment within which the emission, discharge or
deposit is prohibited or restricted.
Section 22 Restrictions on pollution of the atmosphere.

(1) No person shall, unless licensed, emit or discharge any


environmentally hazardous substances, pollutants or wastes into
the atmosphere in contravention of the acceptable conditions
specified under section 21.

(2) Without limiting the generality of subsection (1), a person shall be


deemed to emit or discharge wastes into the atmosphere if -
Section 22 Restrictions on pollution of the atmosphere.
(a)He places any matter in a place where it may be released into
the atmosphere;
(b)He causes or permits the discharge of odours which by virture of
their nature, concentration, volume or extent are obnoxious or
offensive;
(c)He burns any wastes of the trade, process or industry; or
(d)He uses any fuel burning equipment not equipped with any
device or control equipment required to be fitted to such
equipment.
Section 22 Restrictions on pollution of the atmosphere.

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


an offence and shall be liable to a fine not exceeding one
hundred thousand ringgit or to imprisonment for a period not
exceeding five years or to both and to a further fine not exceeding
one thousand ringgit a day for evey day that the offence is
continued after a notice by the DG requiring him to cease the act
specified therein has been served upon him.
Section 23 Restrictions on noise pollution.

(1) No person shall, unless licensed, emit or cause or permit to be emitted


any noise greated 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 one hundred thousand ringgit or
to imprisonment for a period not exceeding five years 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 DG requiring him to cease the act
specified therein has been served upon him.
Section 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 (1), a
person shall be deemed to pollute any soil or surface of
any land if -
Section 24 Restrictions on pollution of the soil

(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 repository for solid or
liquid wastes so as to be obnoxcious or offensive to human
beings or interference with underground water or be detrimental
to any beneficial use of the soil or the surface of the land.
Section 24 Restrictions on pollution of the soil

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


offence and shall be liable to a fine not exceeding one hundred
thousand ringgit or to imprisonment for a period not exceeding five
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 DG requiring him to cease the act specified therein
has been served upon him.
Section 25 Restrictions on pollution of inland waters.

(1)No person shall, unless licensed, emit, discharge or deposit


any environmentally hazardous substances, pollutants or
wastes into any inland waters in contravention of the
acceptable conditions specified under section 21.
(2)Without limiting the generality of subsection (1), a person
shall be deemed to emit, discharge or deposit wastes into
inland waters, if -
Section 25 Restrictions on pollution of inland waters.

(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 like 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
Section 25 Restrictions on pollution of inland waters.
(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 one hundred
thousand ringgit or to imprisonment for a period not exceeding five
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.
Prohibition of discharge of oil into
Section 27 Malaysian waters.

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


mixture containing oil into Malaysian waters in contravention fo
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 hundred
thousand ringgit or to imprisonment not exceeding five years or
to both.
Prohibition of discharge of wastes into
Section 29 Malaysian waters.

(1) No person shall, unless licensed, discharge environmentally


hazardous substances, pollutants or wastes into Malaysian
waters in contravention fo 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 hundred
thousand ringgit or to imprisonment not exceeding five years or
to both.
Section 29A Prohibition on open burning.

(1) Notwithstanding anything to the contrary contained in this Act,


no person shall allow or cause open burning on any premises.
(2) Any person who contravenes subsection (1) shall be guilty of an
offence and shall, on conviction, be liable to a fine not
exceeding five hundred thousand ringgit or to imprisonment not
exceeding five years or to both.
Section 29A Prohibition on open burning.

(3) For the purposes of subsection (1) –


“open burning” means any fire, combustion in smouldering that
occurs in the open air and which is not directed there through a
chimney or stack;
“premises” includes any land.
Section 29AA Exclusion from “open burning”.
(1) The Minister may declare that any fire is not open burning as defined in
section 29A so long as such activity is carried out in accordance under
conditions that have been specified in the order.
(2) Notwithstanding that any form of fire or smoke under subsection (1), no
person shall allow or cause such fire, combustion or smouldering to occur in
any area if the DG notifies-
(a) that the air quality in the area has reached an unhealthy level; and
(b) that the fire, combustion or smouldering for the purpose of any activity
other than those specified in the notification would be hazardous to the
environment.
Owner or occupier of premises liable for
Section 29B open burning.

(1) If open burning occurs on any premises –


(a)The owner; or
(b)The occupier.
Of the premises who has control over such premises shall be deemed
to have contravened subsection 29A(1) unless the contrary is proved.
WHO GOVERNS OUR
ENVIRONMENTAL LAW?
PART II
ADMINISTRATION
PART II
ADMINISTRATION
3. Director General and other officers.
4. Establishment of the Environmental Quality Council.
5. Duration of office and eligibility of re-appointment.
6. Disqualification, resignation and vacation from office.
7. Calling of meetings, quorum, voting, procedure and
minutes.
8. Presiding officer at meeting of the Council.
9. Renumeration.
PART II
ADMINISTRATION
Duties and Functions of Director General and other
officers.
[a] To administer the EQA and any regulations and orders
made thereunder.

[b] Responsible to coordinate all activities related to the


waste discharge into the environment.
PART II
ADMINISTRATION
Duties and Functions of Director General and other
officers.
[c] To prevent or control pullution and protecting and
enhancing the quality of the environment.

[d] To recommend to the Minister for the environment


protection policy or any portion of the environment with
respect to its protection, enhancement and quality.