New Subsidiary Legislation to Delegate Enforcement Powers for Environmental Offences Gazetted

10 July 2025

The Environmental Quality (Delegation of Powers to Government Department, Local Authority and Corporation) Order 2025 [P.U.(A) 207/2025] (“2025 Delegation Order”) came into operation on 8 July 2025.

Under the 2025 Delegation Order, the Director General of Environment (“DG”) has delegated the power to enforce certain environmental law offences under the Environmental Quality Act 1974 (“EQA”) and a subsidiary legislation made under the EQA, to the Government departments, local authorities or corporations set out in the Schedule to the 2025 Delegation Order. The 2025 Delegation Order is substantially reproduced below.

No.	Government Department, local authority or corporation	Officers	Offences
1.	Royal Malaysian Police	Police officer as defined in section 2 of the Police Act 1967	Ss 27(2) – Discharge of Oil into Malaysian Waters Ss 29(2) - Discharge of Waste into Malaysian Waters Ss 29A(5) – Open Burning Ss 34B(4) – Placing, depositing etc. of scheduled wastes without prior written approval of DG
2.	Malaysian Armed Forces	Officer as defined in section 2 of the Armed Forces Act 1972 in the regular forces of the Royal Malaysian Navy	Ss 27(2) - Discharge of Oil into Malaysian Waters Ss 29(2) - Discharge of Waste into Malaysian Waters
3.	Ministry of Health Malaysia	State Health Director, Deputy State Health Director (Public Health), District Health Officer, Environmental Health Officer and Assistant Environmental Health Officer	Ss 29A(5) – Open Burning
4.	Malaysia Marine Department	Port Officer appointed under: the Merchant Shipping Ordinance 1952 the Merchant Shipping Ordinance (Sabah) 1960 Merchant Shipping Ordinance (Sarawak) 1960	Ss 27(2) – Discharge of Oil into Malaysian Waters Ss 29(2) - Discharge of Waste into Malaysian Waters
5.	Department of Fisheries Malaysia	Fisheries officer as defined in section 2 of the Fisheries Act 1985	Ss 27(2) – Discharge of Oil into Malaysian Waters Ss 29(2) - Discharge of Waste into Malaysian Waters
6.	Fire and Rescue Department of Malaysia	Senior Fire Superintendent I and II, Fire Superintendent, Senior Assistant Fire Superintendent, Assistant Fire Superintendent, Fire Officer Grades I, II and Ill	Ss 29A(5) - Open Burning Regns 4, 5, 6, 7, 8, 9, 12, 13, 14, 15 and 16 of the Environmental Quality (Halon Management) Regulations 1999 – Use of new portable Halon fire extinguisher, installation of new fixed Halon fire extinguishing system, discharge of Halon, moving recycled Halon out of Malaysia
7.	Department of Irrigation and Drainage	Technician, Assistant Engineer and Engineer	Ss. 34A(8) – Report on environmental impact resulting from prescribed activities
8.	Sabah Forestry Department	Forest officer as defined in the Forest Enactment 1968	Ss 29A(5) – Open Burning
9.	Department of Wildlife and National Parks, Peninsular Malaysia	Officer as defined in the Wildlife Conservation Act 2010	Ss 34A(8) – Report on environmental impact resulting from prescribed activities
10.	National Solid Waste Management Department	Director General and Deputy Director General of Solid Waste and Public Cleansing Management, Director, Deputy Director, Assistant Director and other officers appointed under section 5 of the Solid Waste and Public Cleansing Management Act 2007	Ss 22(3) – Pollution of atmosphere Ss 25(3) – Pollution of inland waters
11.	Labuan Corporation	Chief Executive Officer and officers and servants appointed under the Perbadanan Labuan Act 2001 holding the office as the Enforcement Supervisor, Chief Enforcement Inspector, Enforcement Inspector, Assistant Environmental Health Officer (Senior) and Assistant Environmental Health Officer	Ss 29A(5) – Open Burning
12.	Solid Waste and Public Cleansing Management Corporation	Chief Executive Officer and any officer appointed under the Solid Waste and Public Cleansing Management Corporation Act 2007	Ss 34B(4) – Placing, depositing etc. of scheduled wastes without prior written approval of DG
13.	Kuala Lumpur City Hall, City Council, Municipal Council and District Council	Health Officer, Environment Officer, Enforcement Officer, Assistant Public Health Officer, Assistant Enforcement Officer, Public Health Assistant, Cleansing Supervisor, City Officer, Municipal Officer and Assistant Enforcement of any City Council, Municipal Council or District Council Director, Deputy Director, Deputy Director II, Senior Assistant Director, Assistant Director, Medical and Health Officer, Health Officer, Environment Control Officer, Environmental Health Officer, City Cleansing Superintendent, Superintendent, Deputy Superintendent, Chief Inspector, Inspector, Assistant Inspector, Building Surveyor, Engineer, Senior Technician, Technician, Senior Assistant Technician and Assistant Technician of the Kuala Lumpur City Hall Deputy Secretary I, Municipal Council Officer, Assistant Enforcement Officer and Assistant Enforcement of the Labuan Municipal Council	Ss 29A(5) – Open Burning

At the same time, the 2025 Delegation Order revokes the following delegation orders:

Environmental Quality (Delegation of Powers on Marine Pollution Control) Order 1993 [P.U. (A) 276/1993];
Environmental Quality (Delegation of Powers on Marine Pollution Control) Order 1994 [P.U. (A) 537/1994];
Environmental Quality (Delegation of Powers) (Investigation of Open Burning) Order 2000 [P.U. (A) 311/2000];
Environmental Quality (Delegation of Powers) (Halon Management) Order 2000 [P.U. (A) 490/2000];
Environmental Quality (Delegation of Powers) (Perbadanan Putrajaya) Order 2002 [P.U. (A) 233/2002]; and
Environmental Quality (Delegation of Powers) (Investigation on Erosion and Sediment Control) Order 2012 [P.U. (A) 436/2012].

Comments

It is to be noted that the 2025 Delegation Order does not merely consolidate the provisions of the revoked orders into a single instrument. Certain agencies, such as the Department of Wildlife and National Parks of Peninsular Malaysia and the National Solid Waste Management Department have now been conferred enforcement powers in respect of certain provisions of the EQA. Other agencies, such as the Customs and Excise Department, have been omitted from the Schedule to the 2025 Delegation Order when it previously had been conferred with investigatory powers for offences under sections 27 and 29 of the EQA under the Environmental Quality (Delegation of Powers on Marine Pollution Control) Order 1993 which has been revoked. Such investigatory powers have been delegated to the Royal Malaysian Police, Malaysian Armed Forces, Malaysia Marine Department, and Department of Fisheries Malaysia.

The consolidating and listing of enforcement bodies and officers under the 2025 Delegation Order provides a useful single reference point as to which government departments and local authorities have delegated powers of enforcement.

Alert by To’ Puan Janet Looi (Partner) and Tham Zhi Jun (Associate) of the ESG Practice of Skrine.

This article/alert contains general information only. It does not constitute legal advice nor an expression of legal opinion and should not be relied upon as such. For further information, kindly contact skrine@skrine.com.

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New Subsidiary Legislation to Delegate Enforcement Powers for Environmental Offences Gazetted