Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Notification requirements

  • 29 Mar 2024

    CLASSIC PALM OIL MILL SDN BHD

    Citation
    NA-63ES-14-04/2021 (Mahkamah Sesyen)
    Court
    Sessions Court
    Case number
    NA-63ES-14-04/2021 (Mahkamah Sesyen)

    Court found prosecution proved beyond reasonable doubt that the Smoke Density Meter was non-functional for extended periods without notification, that performance monitoring records were absent, that Ringelmann observations demonstrated aggregate exceedance (36.25 minutes) above permitted Ringelmann No.2 allowance, and that a new decanter dryer was installed without prior written notification; these facts satisfied offences under Regulations 5(1)(d), 8, 9(b) of the Air Quality Regulations 2014 and section 16(1) of the Environmental Quality Act 1974 and warranted conviction and fines as impose…

  • 29 Mar 2024

    CLASSIC PALM OIL MILL SDN BHD

    Citation
    NA-63ES-15-04/2021 (Mahkamah Sesyen)
    Court
    Sessions Court
    Case number
    NA-63ES-15-04/2021 (Mahkamah Sesyen)

    The court found prosecution evidence (investigator testimony, smoke density charts, Ringelmann observations and photographs) established beyond reasonable doubt that the Smoke Density Meter had failed and no notification was given within one hour, performance monitoring records were absent, a new decanter dryer was installed without prior written notification, and Ringelmann observations converted to time demonstrated aggregate exceedance of permitted smoke darkness (36.25/36.5 minutes > 5 minutes). Defence challenges did not raise reasonable doubt; accordingly convictions on the charged regu…