Environmental Quality Act 1974 · Updated to 7 Jul 2024 · Part IV · Prohibition and Control of Pollution
28. Special defences
Official textFrom Laws of Malaysia Online, unchanged
Where any person is charged for any offence under section 27 it shall be a defence to prove that such discharge or spillage was—
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for the purpose of securing the safety of the vessel;
for the purpose of saving human life;
the result of damage to the vessel and that all reasonable steps were taken to prevent, to stop or to reduce the spillage;
the result of a leakage, which was not due to want of care, and that all reasonable steps have been taken to stop or reduce the leakage; or
the result of an effluent produced by operation for the refining of oil, and that all reasonable steps had been taken to eliminate oil from the effluent and that it was not reasonably practicable to dispose of the effluent otherwise than by discharging or spilling it into the Malaysian waters.
oil
“oil” means— (a) crude oil, diesel oil, fuel oil and lubricating oil; and (b) any other description of oil which may be prescribed by the Minister;
Terms defined in s 2
oil
Defined · s 2“oil” means— (a) crude oil, diesel oil, fuel oil and lubricating oil; and (b) any other description of oil which may be prescribed by the Minister;
practicable
Defined · s 2“practicable” means reasonably practicable having regard, among other things, to local conditions and circumstances and to the current state of technical knowledge and the term “practicable means” includes the provision and the efficient maintenance of plant and the proper use thereof and the supervision by or on behalf of the occupier of any process or operation;
Part V
Appeal and Appeal Board
Part VI