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Legal Compliance – Approval, Permit, License & Certificate
Updated on September 11, 2024

Legal Compliance – Approval, Permit, License & Certificate #

1. Enhanced Sustainability Disclosure Requirements #

Bursa Malaysia: Enhanced sustainability disclosure requirements. In September 2022, Bursa Malaysia announced a phased approach in implementing the enhanced sustainability reporting requirements for public-listed companies (PLCs) commencing in financial year end (FYE) 2023

Sustainability reporting: Key enhanced areas

  • Disclose common sustainability matters by 202 (Paragraph 6.3 of Listing Requirements or LR)
  • Align with climate change-related disclosures as recommended by the Task Force on Climate-related Financial Disclosures (TCFD) in a dedicated section within the Sustainability Statement
  • Disclose the transition plan towards a low carbon economy applicable to ACE market PLCs
  • Provide the data from the last three financial years for each reported sustainability indicator and its performance targets (where available) including a summary in a prescribed format
  • Consider sector-specific indicators pertaining to sustainability matters deemed material to the organization
  • Provide a “Statement of Assurance” on whether the Sustainability Statement (that includes the subject matter and scope covered) has been subjected to an internal review by an internal auditor or if an independent assurance has been performed in accordance with recognized assurance standards

Sustainability Reporting Guide and Toolkits

GHG Assessment can refer to MGTC documents – Green Practices Guideline

2. General OSH Compliance #

3. Air Compressor/Air receiver #

Unless exempted by Order 2017, the Unfired Pressure Vessels (UPV) require a Certificate of fitness (CF) for renewal. Further info on DOSH Website.Example of UPV exempted from permit – A unit that having an internal diameter, width, height or diagonal cross-section not exceeding six inches regardless of the length or pressure of the non-fired pressure vessel”. 

Note : 6 inches equal to 152.4 mm ID. Other reference of Exempted UPV.

FM (Steam Boiler & Unfired Pressure Vessel) Regulation, 1970
FM (Exemption of Certificate of Fitness for Unfired Pressure Vessel) Order 2017

Unfired Pressured Vessel or UPV #
  • A vessel designed to stand at pressures above atmospheric pressure contain any type of gas or mixture, or a combination of gases including containers under liquid or gas pressure or both such as bulk storage tanks, also containers under pressure less than atmospheric pressure but excluding cylinder gases.
  • Important note: Usually, the State Office DOSH issues a certificate of fitness (CF) for the air compressor for 15 months only. Before the 60-day CF period expires, it is necessary to write a letter to the state DOSH for a redo examination. Before the officer wants to make an inspection, make sure maintenance is done. Records need to be kept. DOSH will issue a new CF if passed.

The owner needs to know about CF Expiry date of each unit of property belong to them

4. Hoist/Lift/cranes #

Unless exempted by Order 2015, the Hoist or Lift or Crane require a Certificate of Certificate of fitness (CF) for renewal. Refer to the guideline on the safe use of lists and escalators

Electronic lifting Equipment #
  • A hoist is a device used for lifting or lowering a load using a drum or lift wheel around which a rope or chain wraps. It may be manually operated, electrically, or pneumatically driven and may use chain, fiber, or wire rope as its lifting medium. The load is attached to the hoist utilizing a lifting hook. All types of hoists/cranes using electricity are needed to register with the Department of Occupational Safety and Health [ DOSH] OR Jabatan Keselamatan dan Kesihatan Pekerjaan (JKKP).
  • Information required for design approval of hoisting machine.
  • It is important for the owner to know about CF Expiry date of each unit of property belong to them

5. Generator Set #

Generator set shall be registered with Suruhanjaya Tenaga (ST) and the Department of Environmental (DOE). This certification is required by the authorities to make sure the generator set is safe to operate and has pollution control. Failure to get certification from these authorities can be penalized under the Electricity Supply Act 1990 & Environmental Quality Act 1974.

Generators with fuel consumption of more than 15kg/hr must have a written notification from DOE 30 days before installation. Simply put, in the estimation of 100kVa and above, the equipment owner has to notify the DOE. After notifying, the owner will receive instructions from the DOE, then they can install. After 30 days of installation, the owner needs to make a declaration. Both notify and declare processes usually have their own form. The form can be found on the DOE website. As normal practice, the company will hire a consultant or 3rd party to make this submission. Electricity Supply Act 1990 requires all installations or electrical plant equipment be operated under the control of persons possessing Certificates of Competency as a Chargeman

Compliance can be demonstrated by;

  • Evidenced of Certificate of Registration as required by the Suruhan jaya Tenaga (ST).
  • Notification to DOE as stated in Regulation 5 of EQ (Clean Air) Regulation 2014.
  • Monthly inspection visit by competent person licensed by Suruhanjaya Tenaga (Energy Commission)

6. Diesel Skid Tank #

Those who own skid tank units for diesel must comply with the law on the Control of Supply Regulations 1974, Regulation 9 (2) for storage of DieselName of permit: Scheduled Controlled Goods LicensePermit Validity: One (1) year

Environmental Requirement;

  • To comply with EQA 1974 under section 22, section 24 and Section 25 of this Act
  • Assess the efficiency of secondary containment to prevent contamination and pollution

Refer to Bomba Checklist to comply – Pemeriksaan Keperluan Kebombaan Sedia Ada: Skid Tank (Diesel)

  • Akses jantera Bomba
    • Pili Bomba
    • Bund Wall: 230 mm (Ketebalan) X Tinggi: Berdasarkan kuantiti minyak
    • Jarak ke bangunan sekiranya kurang dari 3 meter adakan deflector wall setebal 230 mm X 3 meter tinggi
    • Perangkap Minyak
    • Tanda ‘DILARANG MEROKOK’
    • Setiap Pump Island; 2 unit debu kering 9 kg
    • Hazard Code
    • Tiada rumput rampai 5 meter sekeliling tangki
    • Bund wall hendaklah diadakan
    • pump island mestilah dalam bund wall yang berpasir sekiranya tiada perangkap minyak
    • Tiada aktiviti api terbuka
  • If the facility is equipped with the details specified in the checklist, the condition or device or equipment must be in good condition and work well

7. Chemical Store / Pesticides Store #

Chemical store must comply with USECHH 2000 Regulation. Find further information for clearer compliance conditions

State of compliance;

Evidence as a proof of compliance

  • Valid CHRA Report
  • If LEV has provided, valid examination report shall be available
  • IAQ Report, if applicable
  • Valid medical surveillance (If Medical Surveillance has been carried out as per schedule or recommended in CHRA report)
  • Evidence of Training for Chemical Handler. Chemical Handler can be a workers/subcontractor who handle the hazardous chemical and pesticides. Example: Sprayer, Premix Operator, Storekeeper, Sprayer Mandor etc.
  • On-site control has been implemented:-

8. Scheduled Waste Store #

The storage of properties under the categories of waste listed in the First Schedule under EQ (Scheduled Wastes) Reg. 2005 requirements

The compliance can be demonstrated by;

The compliance can be demonstrated by;

  • SW Competent Person (Name / Cert. No)
  • DOE Notification document on Scheduled Waste
  • Evidence of Training for SW Handler. Chemical Handler can be a workers/subcontractor who handle the SW. Example: Sprayer, Premix Operator, Storekeeper, Sprayer Mandor etc.
  • SW Store condition, arrangement and labelling are maintained
  • Accurate and updated record of SW inventory against (Physical vs eSWIS)
  • Transported SW records are maintained – Schedule 6 & Schedule 7

9. Fire Certificate #

Law Requirement

According to the Fire Services Act 1988, designated premises with a high risk of catching fire must get a Fire Certificate (FC) issued by the Fire and Rescue Department of Malaysia (BOMBA) to ensure that the buildings are safe to be occupied.

Normally, the building owner, occupant, and the building management committee are responsible for the Fire Certificate application.

According to the Fire Services (Designated Premises) Order (Amendment) 2020, the category of designated buildings that need to apply for a Fire Certificate was Designated Premise.

Evidence as proof of compliance as required by the regulation;

  • Valid Fire Certificate
  • Valid report of Annual Fire Safety and Emergency Training
  • valid report of Annual Fire Drill

10. Stack / Chimney #

The EQ (Clean Air) Regulations 2014 to enforce the compliance of maximum concentration limit values for selected air pollutants at the flue-gas stack discharge.The prescribed maximum emission limit value for total particulate matter concentration is 150 mg/Nm3 and for smoke opacity is shade No. 2 on the Ringlemann Chart for boilers of capacities used at palm oil mills. However, the particle concentration limits in term of the particulate size classification are not specified. Maximum value is also prescribed to limit the concentration of gaseous pollutant of Carbon Monoxide to 1000 mg/Nm3.The Annual Surveillance Test shall be carried out yearly, and its purpose is to check that the calibration function of the CEMS is still valid.The Annual Surveillance Test report shall be prepared & submitted to DOE for verification. The test report should be well organized, readable, and complete.The process of Annual Surveillance Test can refer to this link.According to Environmental Quality (Clean Air) Regulations 2014, the premise shall;

Conduct an Annual Monitoring is required as per Regulation 16(2)

Conduct an Annual Surveillance Test as required by Regulation 17(5)

12. Steam Boiler #

Law RequirementFM (Steam Boiler & Unfired Pressure Vessel) Regulation, 1970Boiler cannot be operated without Steam Engineer and Boilerman based on requirement stated in Section 29; Factory and Machinery Act 1967.Evidence as proof of compliance;

Valid Certificate of Fitness (PMD)

Valid certificate of Competent Person based on capacity of steam boiler unit(s)

13. Wastewater Treatment Plant #

A facility to treat the wastewater to comply with Industrial Effluent Reg. 2009 and shall be maintained by using the IETS Guidance ReferenceCompliance can be demonstrated by;

DOE Notification date on IETS as required by Reg. 4 of Environmental Quality (Industrial Effluent) Regulations 2009

A written declaration acknowledging that the design & construction of the WWTP has complied with the specifications – Schedule 3

Monitoring result of discharged of industrial effluent

COD parameters & relevant parameters (Table 5)

Installing flow rate meters, sampling, monitoring and recording equipment

Maintain effluent discharge data records – Table 10 – OER online reporting system

Submit the records to DOE within 30 days

Data records retention for minimum 3 years.

Employment of a person with certificate of CePIETSO, as per Section 49a of Environmental Quality(amendment) Act 2012), Certified Environmental requirement. Professional in the Operation of Industrial Effluent Treatment Systems – Biological Processes (CePIETSO)

Competent person must be on-duty at anytime of WWTP is in operation to comply with Reg.10.

14. POME Treatment for Palm Oil Mill #

Renewal License to Occupy and Use the Prescribed PremisesCompliance can be demonstrated by;

License for operating POME

Employment of a person with certificate of CePPOME, as per Section 49a of Environmental Quality(amendment) Act 2012), Certified Environmental Professional in the Treatment of Palm Oil Mill Effluent- CePPOME

Discharge monitoring report based on permitted parameter from Environmental law

15. Transportation / Vehicles #

Any vehicles that subject to comply with Road Transport Act 1987 under Section 66Compliance can be demonstrated by;

Vehicles shall have valid inspection certificate, Number of vehicle and dates

Drivers and Conductors shall have valid license.

License No per drivers and date of expiry.

16. Weighbridge #

A facility or equipment that subject to comply the Weights and Measures Act 1972 that provides the legal basis for examining and approving patterns/designs of measuring instruments suitable for use for trade and other legal purposes.Permit and license can refer to “Peraturan-Peraturan Timbang dan Sukat 1981The provision under Section 18 (1) (d) of the Weights and Measures Act 1972 [Act 71] clarifies that, any holder of a weights and measures license under regulation 30, Weights and Measures Regulations 1981 must obtain pattern approval from the The National Measurement Standards Laboratory under Act requirement before any such weighing instrument can be sold or used for commercial purposes.

17. Accommodation or living quarters #

An Accommodation Certificate, Certificate of Completion and Compliance (CCC) or Temporary Building Permit. Ref.. The requirements of workers housing are based on the Workers’ Minimum Standards of Housing and Amenities Act 1990 (MSHA) and its Regulations. However, this act has only applicable to employer located at Semenanjung Malaysia dan Wilayah Persekutuan Labuan.Housing refers to any building including residential buildings built on estates or mines or in any place of employment that is outside the Municipal Council and City Council Areas. While accommodation refers to the accommodation provided to all workers in all employment sectors except workers employed in the estate.Employers are not obliged to provide accommodation for employees. But if the employer employs a foreign worker, the employer needs to provide accommodation based on the Regulations of Workers Required to Be Provided with Accommodation 2020.The Approval of local authorities for workers’ accommodations is the part of the requirements of Jabatan Tenaga Kerja (JTK) to acquire the accommodation certificate. The accommodation certificate can be demonstrated by Certificate of Completion and Compliance (CCC) or Temporary Building Permit.Main reference of living quarters under the Act 446Compliance can be demonstrated by;

Approval by JTK. Checklist for documents

Weekly inspection records as determined by Section 23 of Workers’ Minimum Standards of Housing and Amenities Act 1990

Complying with the Part IIIa of the Act under Accommodations maintenance including Certificate for Accommodation, Amenities, safety & health inspection for every 2 weeks, maintenance and appointment of S&H person-in charge. It has been determined in Section 24.

Sample of Housing Inspection Checklist

Sample of Complaint Records

18. Water System, Sewerage System and Septic Tank #

Written approval for any activities related with construction, alteration, modification, disconnection, or close-up the water supply system, sewerage system and septic tanks as required by Water Services Industry Act 2006No part of water supply system and sewerage system to be worked, managed, or operated unless by the controlled of qualified personnelWritten permission to SPAN when carry-out the activity of private connection of pipe, drain to connect directly or indirectly to any public sewer or public sewage treatment works which involve close-up obstruct, stop or deviate any public sewerCompliance can be demonstrated by;

Approval by SPAN for those related activities

19. Underground water / Borewell treatment #

An Accommodation Certificate, Certificate of Completion and Compliance (CCC) or Temporary Building Permit. Ref.. The requirements of workers housing are based on the Workers’ Minimum Standards of Housing and Amenities Act 1990 (MSHA) and its Regulations.The Approval of local authorities for workers’ accommodations is the part of the requirements of Jabatan Tenaga Kerja (JTK) to acquire the accommodation certificate. The accommodation certificate can be demonstrated by Certificate of Completion and Compliance (CCC) or Temporary Building Permit.Compliance can be demonstrated by;

Approval by JTK

Availability of application to JTK. Example

20. HRD Corp Registration #

According to PSMB (Amendment of First Schedule) Order 2021, employers with ten or more employees from the industry listed, shall register with PMSB (HRD Corp) as stated in Section 13 of PMSB Act (Click HERE to obtain information).

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