Environmental Quality Act 1974 · Updated to 7 Jul 2024 · Part VI · Miscellaneous
40. Evidence
Official textFrom Laws of Malaysia Online, unchanged
The contents of any document prepared, issued or served under, by virtue of or for the purposes of this Act shall until the contrary is proved be presumed to be correct and the production of any book purporting to show the licences issued under this Act shall be prima facie proof of the issue, lack of issue or date of expiry of such licences.
document
“document” means any matter expressed, described, or represented in whatever manner, upon any substance, material, thing or article, including any matter embodied in a disc, tape, film, sound track or device, by means of— (a) any letter, figure, mark, symbol, signal, sign or any other form of expression, description or representation; (b) a visual recording (whether of any still or moving image); (c) a sound recording, or any electronic, magnetic, mechanical or other recording, or by any sound, electronic impulse or other data; or (d) a recording, or transmission, over a distance of any matter by any, or any combination, of the means mentioned in paragraph (a), (b) or (c), or in this paragraph;
Notwithstanding any other laws to the contrary, in any proceedings under this Act or the regulations made thereunder a certificate for the purpose of establishing the occupier of any premises or prescribed premises as the case may be which purports to be signed by the Collector of Land Revenue* shall unless the contrary is proved be evidence of any facts stated therein.
occupier
“occupier” means a person in occupation or control of— (a) any premises; (b) in relation to premises where different parts of which are occupied by different persons, the respective persons in occupation or control of each part; or (c) any vehicle, ship or aircraft;
In any proceeding for offences against this Act or the regulations made thereunder where it is necessary to prove that any
*NOTE—In the case of Peninsular Malaysia, it shall be construed as the District Land Administrator– see
Act A587.
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person was or was not licensed on a certain date or for a certain period or that a licence was subject to any specified condition, limitation or restriction or that a licence was suspended during a certain period a certificate in writing purporting to be signed by the Director General setting out that such person was or was not licensed on that date or any condition, limitation or restriction to which a licence issued to such person is subject or for or during that period or that the licence of such person was suspended during such period shall be prima facie evidence of the facts stated therein and the Director General shall not be cross-examined on the contents of such certificate unless he has been served with ten days’ notice stating the intention to do so and further stating the particulars which are intended to be challenged.
Director General
“Director General” means the Director General of Environmental Quality referred to in section 3;
Terms defined in s 2
Director General
Defined · s 2“Director General” means the Director General of Environmental Quality referred to in section 3;
document
Defined · s 2“document” means any matter expressed, described, or represented in whatever manner, upon any substance, material, thing or article, including any matter embodied in a disc, tape, film, sound track or device, by means of— (a) any letter, figure, mark, symbol, signal, sign or any other form of expression, description or representation; (b) a visual recording (whether of any still or moving image); (c) a sound recording, or any electronic, magnetic, mechanical or other recording, or by any sound, electronic impulse or other data; or (d) a recording, or transmission, over a distance of any matter by any, or any combination, of the means mentioned in paragraph (a), (b) or (c), or in this paragraph;
occupier
Defined · s 2“occupier” means a person in occupation or control of— (a) any premises; (b) in relation to premises where different parts of which are occupied by different persons, the respective persons in occupation or control of each part; or (c) any vehicle, ship or aircraft;
premises
Defined · s 2“premises” includes messuages, buildings, lands, and hereditaments of every tenure and any machinery or plant;
prescribed premises
Defined · s 2“prescribed premises” means any premises prescribed by the Minister under section 18;