A Long-Awaited Reform

The EQA 1974 has been the cornerstone of Malaysia’s environmental legislation for over four decades. While it has undergone several amendments since its inception, there has been a growing consensus on the need for more comprehensive reforms. This latest amendment is a response to the evolving environmental landscape and the increasing complexity of pollution issues. The amendment aligns with recommendations from various studies and stakeholders who have highlighted the need for stricter penalties, clearer definitions, and improved enforcement mechanisms.

Stricter Penalties for Environmental Offences

One of the most notable aspects of the amendment is the substantial increase in penalties for environmental violations. Under the revised Section 22, fines have been significantly raised, with individuals or entities now facing penalties ranging from RM10,000 to RM1 million, along with potential imprisonment of up to five years. This is a considerable escalation from previous fines, underscoring the government’s commitment to deterring environmental offences and ensuring stricter compliance.

Similarly, Section 25 has been updated to impose fines up to RM10 million for certain offences, reflecting the serious nature of actions that can harm the environment. These enhanced penalties are expected to have a substantial impact on encouraging compliance and preventing environmental degradation.

Introduction of the Definition for “Open Burning”

The amendment introduces a clear definition for “open burning” in Section 2. This definition now encompasses any fire or combustion that occurs in the open air without being directed through a chimney or stack. By defining open burning explicitly, the amendment aims to close existing regulatory gaps and enhance the control of such activities. Section 29a now prohibits open burning on any premises, with heavy penalties for violations, unless exempted by orders from the Minister of Environment.

Expanded Enforcement Powers

The amendment also strengthens the enforcement powers of the Director General and authorized officers. Sections 31 and 33 have been revised to ensure that non-compliance with directives issued by the Director General can result in significant fines and imprisonment. This increased enforcement authority is designed to ensure that environmental laws are effectively implemented and adhered to.

Implications for Stakeholders

For businesses, the increased penalties mean a stronger emphasis on environmental compliance. Companies will need to invest in robust environmental management systems to mitigate the risk of non-compliance. This is not only a regulatory requirement but a critical aspect of risk management.

Policymakers and environmental advocates will find the amendments empowering, providing a more robust legal framework to address Malaysia’s environmental challenges. The clearer definitions, stricter penalties, and enhanced enforcement powers are expected to bolster efforts in environmental protection and sustainability.

Conclusion

The Environmental Quality (Amendment) Act 2024 represents a pivotal moment in Malaysia’s environmental governance. By addressing long-standing issues such as inadequate penalties, unclear definitions, and enforcement challenges, the amendment reinforces the country’s commitment to protecting its environment. Stakeholders across all sectors must adapt to these changes to ensure compliance and contribute to Malaysia’s sustainable future.