III. MECHANISMS FOR INTEGRATING ENVIRONMENTAL CONSIDERATIONS INTO AGRICULTURAL POLICY

[ III | III-A | III-B | III-C | III-D | III-E | II-F ]

D. Environmental policy

[ D | D-1 | D-2 | D-3 | D-4 | D-5 | D-6 ]

4. Environmental Quality Act, 1974

Malaysia has had environmentally-related legislation since the early 1920s (table 4). But the legislation is limited in scope and inadequate for handling complex emerging environmental problems. So through EQA, 1974, a more comprehensive form of legislation and an agency to control pollution was established.

EQA is an enabling piece of legislation for preventing, abating and controlling pollution, and enhancing the environment, or for other related purposes. Pollution, as declared in EQA, includes the direct or indirect alteration of any quality of the environment or any part of it by means of a positive act or act of omission.

Pollution is ‘controlled’ through the mechanism of licences issued by the Department of Environment. The mode of control is by prescribing, by means of a ministerial regulation, that licences are mandatory for:

• The use and occupation of prescribed premises;
• Discharging or emitting wastes exceeding acceptable conditions into the atmosphere, as well as noise pollution, polluting or causing the pollution of any soil or surface of any land;
• Emitting, discharging or depositing any wastes or oil, in excess of acceptable conditions, into inland waters or Malaysian waters.

The provision of "acceptable conditions" is controversial because the polluter is not liable for prosecution if the discharge are within those acceptable conditions, even if the effluents are sufficient to severely damage the environment. Most people adversely affected by pollution do not want to seek legal remedy through common law because of the prolonged nature of such hearings and the costs incurred.

Currently, 16 sets of regulations and orders are enforced by the Department of Environment under EQA. Despite government efforts to implement environmental laws and regulations, it has been found that enforcement measures need to be further enhanced to ensure the full compliance with laws and regulations. With regard to monitoring and enforcement, surveillance capability will be strengthened. The penalty structure related to environment offences will be revised to ensure a more effective deterrent, especially in the case of repeat offenders. The enforcement function of agencies such as the Department of Environment, Health Department, Pesticide Board and local authorities will be rationalized and streamlined, and adequate training will be provided for their enforcement staff.

One of the three strategies embodied in EQA, 1974, is for the regulation of pollution. The other two strategies are for preventing and abating any form of pollution. To bring the law and other environmentally-related laws into effect, the laws and regulations listed below have been introduced and are strictly enforced by the Department of Environment.

• Environmental Quality (Licensing) Regulations, 1977
• Environmental Quality (Prescribed Premises) (Crude Palm Oil) Order, 1977
• Environmental Quality (Prescribed Premises) (Crude Palm Oil) Regulations, 1977, and (Amendment) 1982
• Environmental Quality (Prescribed Premises) (Raw Natural Rubber) Order, 1978
• Environmental Quality (Prescribed Premises) (Raw Natural Rubber) Regulations, 1978