The amendment of this act could be believed to strengten-up the enforcement of the law related with environmental, focusing on competent person, protection of informer, monitoring and extent the 'power' of officer when carried out the duty.
At glance, the changed can refer to (1) New amendment (2) Substitution of existing section (3) Modification of existing section and (4) Deletion of section. It can be summarized as below;
1.
New Insertion
a.
Definition (Section 2): new definition (e.g. competent person , qualified
person, development plan and physical plans)
b.
New subsection in subsection (2) of section 34a,
(2a): maintenance of qualified person list, (2b): report submission, (2c):
Report format
c.
New Section, Section 34aa: Prohibition order for
prescribed activities
d.
New Section, Section 37a: Power of investigation
e.
New Section, Section 37b: Authority card
f.
New Section, Section 37c: Power of arrest
g.
New Section, Section 38aa: Admissibility of
statements in evidence
h.
New Section, Section 38ab: Power to require
attendance of persons acquainted with case
i.
New sections as a result of changed in section
46b
i.
Section 46ba: List of vehicle, ship, book, etc.,
seized
ii.
Section 46bb: Release of seized book, record,
computer, etc
iii.
Section 46bc: Cost of holding seized vehicle,
ship, book, etc
j.
New Section, Section 48aa: Access to
computerized data
k.
New Section, Section 48ab: Presumption
l.
New Section, Section 48ac: Additional powers
m.
New Section, Section 48ad: Obstruction to search
n.
New Section, Section 48ae: Joinder of offences
o.
New Section, Section 49a: Competent person
p.
New Section, Section 49b: Reward to informers
q.
New Section, Section 50a: Protection of
informers
2.
Substitution of existing section
a.
Substitution of existing definition (e.g. pollution)
b.
Change subsection (2) of section 4 for
environmental quality council member
c.
Change subsection (2) of section 33a for
appointment a qualified person conducting environmental audit.
d.
Change subsection (2) of section 34a for
appointment a qualified person conducting environmental audit.
e.
Substitution of Section 46b from ‘Power of
forfeiture or disposal’ to ‘Forfeiture of seized vehicle, ship, book, etc’
(including explanation of its section)
3.
Modification of existing section
a.
Change the word and statement in section 36c
subsection (2)
b.
Change word ‘oil’ to ‘oil or gas’ in section
36d(a)
c.
Additional input in section 36e(a)
d.
Additional input of ‘any corporation’ in section 49(a)
e.
Additional input of ‘corporation’ in section 49(a) subsection (2)
f.
Partially modified in section 50
4.
Deletion of section
a.
Section 46c: Seizure and forfeiture of vehicle
or ship is deleted.
