Environmental Quality Act 2007

Feedback

• The Environmental Quality Act 2007 has been amended to hold the CEO of a company responsible for environmental offence committed by their staff
• The CEO can be sentenced to jail term not exceeding 5 years.
• Propose that the employee who has committed the offence be charged together with the CEO.

Reply

Amendments were made to Section 34B and Section 43 of the Environmental Quality Act 2007.

Section 34B

• Mandatory jail sentence not exceeding 5 years and liable to a fine not exceeding RM500 000 for illegal:
  • disposal;
  • import & export; and
  • transit of scheduled wastes.

Section 43

• the amendments also includes the CEO of a company to ensure that the CEO shares the responsibility.
• In the instance where a CEO is unable to monitor the activities of his company that leads to an offence, he is deemed to be guilty until:
  • he proves that the offence was committed without his consent/connivance; and
  • that he has exercised all such diligence.