Section 40

Where the act or omission of a person other than any of the persons mentioned in subsection (1) caused such damage, discharge or escape, then such other person shall also be liable jointly and severally with the persons mentioned in that subsection for such damage, unless otherwise provided under this Act or such written law.

Without prejudice to the generality of subsections (1) and (2)

such liability shall extend to the payment of compensation for any damage caused to a person, vessel, gear, facility or structure used in any activity, including fishing and related activities, connected with the exercise of the rights of the Government and Malaysian nationals, and of other persons where such rights are exercised with the consent of the Government, in the exclusive economic zone or on the continental shelf, and compensation shall also be paid for policing and surveillance activities and activities for the protection of the environment and shipping necessitated by the damage referred to in subsection (1).

Any claim for compensation under this section may be brought before any High Court, Sessions Court or Court of a

Magistrate of the First Class in Malaysia, as the case may be,

Exclusive Economic Zone 33

according to the value or amount of the claim; and where a claim is so brought, the court concerned shall have full jurisdiction and powers to adjudicate thereon.