Malaysia legislation
Section 2
Section 2
In this Act, unless the context otherwise requires—
―applicable written law‖ means any written law—
(a)
provided to be applicable in respect of the exclusive economic zone, continental shelf or both, as the case may be, by an order made under section 42 or otherwise specifically provided to be so applicable; or
(b)
applicable in respect of the continental shelf under the provisions of the Continental Shelf Act 1966, and includes the Continental Shelf Act 1966;
―authorized officer‖ means any fishery officer as defined in section 2 of the *Fisheries Act 1985 [Act 317], any port officer as defined in section 2 of the Merchant Shipping Ordinance 1952 [Ord. 70 of 1952], any police officer not below the rank of sergeant as defined in section 2 of the Police Act 1967 [Act 344], any customs officer as defined in section 2 of the Customs Act 1967 [Act 235], any officer of the armed forces as defined in section 2 of the Armed Forces Act 1972 [Act 77], any public officer, irrespective of rank, in command of a vessel
*NOTE—The Fisheries Act 1963 [Act 210] has been repealed by the Fisheries Act 1985 [Act 317]–see section 62 of Act 317.
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belonging to the Government or any other person or class of persons appointed to be an authorized officer or authorized officers under section 39;
―continental shelf‖ means the continental shelf of Malaysia as defined in section 2 of the Continental Shelf Act 1966;
―Director General‖ means the Director General of Environmental
Quality as defined in section 2 of the Environmental Quality Act 1974 [Act 127];
―dumping‖ means—
(a)
any deliberate disposal of wastes or other matter from vessels, aircraft, platforms or other man-made structures at sea; or
(b)
any deliberate disposal of vessels, aircraft or other man-made structures at sea, but ―dumping‖ does not include—
(i)
the disposal of wastes or other matter incidental to, or derived from, the normal operations of vessels, aircraft, platforms or other man-made structures at sea and their equipment, other than wastes or other matter transported by or to vessels, aircraft, platforms or other man-made structures at sea, operating for the purpose of disposal of such matter or derived from the treatment of such wastes or other matter on such vessels, aircraft, platforms or structures; or
(ii)
placement of matter for a purpose other than the mere disposal thereof, provided that such placement is not contrary to the aims of this Act, any applicable written law or international law;
―exclusive economic zone‖ or ―zone‖ means the exclusive economic zone of Malaysia determined in accordance with section 3;
(i)
(ii)
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―Government‖ means the Government of Malaysia and includes any Minister charged with responsibility by an order made under the
Ministerial Functions Act 1969 [Act 2] for the matter in relation to which the reference to the Government is made under this Act, and any other Minister exercising temporarily the functions of such
Minister;
―Malaysian fisheries waters‖ means all waters comprising the internal waters, the territorial sea and the exclusive economic zone of
Malaysia in which Malaysia exercises sovereign and exclusive rights over fisheries;
―maritime casualty‖ means a collision of vessels, stranding or other incident of navigation, or other occurrence on board a vessel or external to it resulting in material damage or imminent threat of material damage to a vessel or cargo;
―master‖, in relation to a vessel, includes every person (except a pilot or port officer as defined in section 2 of the Merchant Shipping
Ordinance 1952 [Ordinance 70/1952]) having for the time being command or charge of the vessel, or lawfully acting as the master thereof;
―mixture containing oil‖ means—
(a)
a mixture with an oil content of one hundred parts or more in one million parts of the mixture; or
(b)
a mixture with such oil content as is prescribed by the
Minister charged with responsibility for the environment by order in the Gazette to be a mixture containing oil for the purposes of this Act;
―oil‖ means—
(a)
crude oil, diesel oil, fuel oil or lubricating oil; or
(b)
any other description of oil which is prescribed by the
Minister charged with responsibility for the environment
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by order in the Gazette to be oil for the purposes of this
Act;
―owner‖, in relation to a vessel, means any person or body of persons, whether incorporated or not, by whom the vesselis owned and includes any charterer, sub-charterer, lessee or sublessee of the vessel;
―pollutant‖ means any substance which, if introduced into the sea, is liable to create hazards to human health or to harm living resources in the sea or other marine life, or to damage amenities or interfere with other legitimate uses of the sea and, without limiting the generality of the foregoing, includes any substance that is prescribed by the Minister charged with responsibility for the environment by order in the Gazette to be a pollutant for the purposes of this Act;
―State‖ shall have the meaning assigned to that expression under international law;
―territorial sea‖ means the territorial waters of Malaysia determined in accordance with the Emergency (Essential Powers) Ordinance,
No. 7 of 1969 [P.U. (A) 307A/1969];
―this Act‖ includes regulations and other subsidiary legislation made under this Act and anything done under this Act or under such regulations or other subsidiary legislation;
―vessel‖ includes every description of ship or floating or submarine craft or structure;
―waste‖ includes—
(a)
any matter, whether liquid, solid, gaseous or radioactive, which is discharged, emitted, deposited or dumped in the marine environment in such volume, composition or manner as to cause an alteration of the environment; or
(b)
any matter which is prescribed by the Minister charged with responsibility for the environment by order in the
Gazette to be waste for the purposes of this Act.
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