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Malaysia Environment Quality Act 1974 on Water Pollution

As per the Malaysian Law, below are the list of Act under Pollution of Malaysian Water:

Section 27 – Prohibition of discharge of oil into Malaysian Water:

1. No person shall, unless licensed, discharge or spill any oil or mixture containing oil into Malaysian waters in contravention of the acceptable conditions specified under section 21.

2. Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable to a fine exceeding five hundred thousand ringgit or to imprisonment for a period not exceeding five years or to both.

 

Section 29 – Prohibition of discharge of wastes into Malaysian waters:

1. No person shall, unless licensed, discharge environmentally hazardous substances, pollutants or wastes into the Malaysian waters in contravention of the acceptable conditions specified under section 21.

2. Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable to a fine exceeding five hundred thousand ringgit or to imprisonment for a period not exceeding five years or to both.

 

Section 47 – Pwer of recovery of costs and expenses:

1. Where any segment or element of the environment is polluted by any person in contravention of this Act or the regulations made thereunder the Director General may take such action as is necessary to remove, disperse, destroy or mitigate the pollution and may recover from that person all costs and expenses incurred in connection therewith.

2 (A) A Certificate of the Director General stating that:

(a) It is of the opinion that the person named in the certificate is responsible for such pollution shall be prima facie evidence for the purposes of any proceedings under this section;
(b) the sum incurred in carrying out all or any of the work required under subsection (1) shall be conclusive proof of the sum due and shall not be subject to any appeal or review in any court.

3. All and any sum payable by such person shall be a first charge on any property or interest held by such person.

4. For the purposes of sections 27 and 29 where the discharge or spillage of oil, mixture containing oil or wastes is from –

(a) any ship or two or more ships, the owner of such ship shall be liable or the owner of all such ships concerned shall be jointly and severally liable;

(b) any apparatus used in transferring oil, mixture containing oil or wastes to any ship from a place on land, the person in charge of the apparatus and the employer of that person shall be jointly and severally liable;

(c) any place on land, the occupier thereof shall be liable.

 

Section 48 – Power to detain and sell vehicle or ships

1. Where the Director General has reason to believe that any discharge or spillage of oil or mixture containing oil or scheduled wastes was from a vehicle or ship, he may detain the vehicle or ship and the vehicle or ship may be detained until the owner deposits with the Govermnment such sum or furnishes such security as would, in the opinion of the Director General, be adequate to meet the costs and expenses which would be incurred to remove or eliminate the oil or mixture containing oil or schedule wastes.

2. If the detained vehicle or ship proceeds to move before it is released, the owner or master, or any person who causes the vehicle or ship to move shall be guilty of an offence and shall be liable to a fine not exceeding fifty thousand or to imprisonment for a period not exceeding five years or to both.

3. Where the owner of the vehicle or ship is unable to pay the costs or expenses incurred in removing or eliminating the oil or mixture containing oil or scheduled wastes, the Director General may apply to the court for the sale of the vehicle or ship and use the proceeds to pay for the costs and expenses of removing or eliminating the oil or mixture containing oil or scheduled wastes.

 

Section 51 – Regulations

P. Requiring any person handling, storing or using oil or mixture containing oil to report discharges and spillages of oil or mixture containing oil into Malaysian waters;

Q. Requiring any person handling, storing or using oil or mixture containing oil to store such substance or material and equipment necessary to deal with any oil pollution of the Malaysian waters that may arise in the course of their business;

Reference: https://www.doe.gov.my. Download Full Act here:

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