Malaysia legislation

Section 47

of *ENVIRONMENTAL QUALITY ACT 1974

Section 47

Power of recovery of costs and expenses

(2)

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 works 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—

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(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.

Power to detain and sell vehicle or ships