PETALING JAYA: Stricter rules on the manufacture, import and export of scheduled chemicals are among the proposed amendments in the Environmental Quality Act to tighten control over environmentally hazardous substances (EHS).
The other changes to the Act, which has been in the works since 2015, include fines of up to RM100,000 and five years’ imprisonment.
The move is aimed at curbing pollution, improving chemical oversight and meeting the country’s obligations under international environmental conventions.
“These regulations are formulated to regulate the import, export and manufacture of scheduled EHS to ensure more systematic management,” said a document on the draft regulation released by the Environment Department (DOE) for public consultation recently.
The comprehensive regulatory framework requires manufacturers, importers and exporters to register, report and obtain approvals while imposing tougher penalties for non-compliance.
Under these regulations, stricter regulatory mechanisms will be introduced, including requirements for registration, inventory management and monitoring of substances, classified as environmentally hazardous under the scheduled EHS list, it added.
It said international best practices and existing regulations have been taken into account to ensure that Malaysia can strike a balance between economic growth and environmental protection.
The regulation will cover substances under three schedules, the First Schedule: Prohibited EHS; Second Schedule: Controlled EHS and Third Schedule: Unintentional Production of EHS.
The focus of the regulation would be Section 51(1)(u) which is “to prohibit or regulate the manufacture, storage, transportation, application or use, discharge, emission or release into the environment of any substance hazardous to the environment.”
However, exemptions will be given to any radioactive substance under the Atomic Energy Licensing Act 1984, pesticides under the Pesticide Act 1974, poisons under the Poison Act 1952, and Chemical Weapons Convention Act 2005.
Among the proposed regulations are prohibitions on importing, exporting and manufacturing scheduled EHS specified in the First Schedule. The proposed penalty for this is a fine not exceeding RM100,000, or imprisonment for up to five years, or both.
In the case of a continuing offence, the person shall be liable to a further fine not exceeding RM1,000 for each day during which the offence continues.
The DOE director-general (DG) should be notified for imports and exports of scheduled EHS under the Second Schedule.
“The DG may grant written approval for the import into or export from Malaysia of the scheduled EHS.
“At any time, the DG can suspend or revoke any written approval if the information provided is found to be inaccurate.”
Manufacturers of a scheduled EHS specified in the Second Schedule will also be required to notify the DG at least 30 days in advance before manufacturing such substance.
“Any person carrying out any activity, who unintentionally releases or generates any scheduled EHS specified in the Third Schedule, shall notify the DG and submit an action plan for the reduction or elimination as prescribed in the relevant guidelines,” the document said.
The notification and submission of the action plan under this sub-regulation shall be made to the DG on or before Dec 31 of each year. Importers, exporters and manufacturers will have to maintain records for a period of up to three years.
“In addition to supporting the integrated management of chemicals, these regulations also fulfil one of the country’s requirements for the ratification of the Stockholm Convention and the Minamata Convention on Mercury.
“Their implementation is expected to enhance industry compliance, strengthen the collection of chemical inventory data and support the sustainable protection of the environment and public health.”
