Environmental Quality Act 1974 · Updated to 7 Jul 2024 · Part VI · Miscellaneous
46B. Forfeiture of seized vehicle, ship, book, etc.
Official textFrom Laws of Malaysia Online, unchanged
Any vehicle, ship, book, record, computer, industrial plant, equipment, scheduled waste, waste, environmentally hazardous substance, pollutant, licence, permit, certificate, or other document
vehicle
“vehicle” means a structure capable of moving or being moved or used for the conveyance of any person or thing and which maintains contact with the ground when in motion;
*NOTE—See section 111 of the Subordinate Courts Act 1948 [Act 92].
Environmental Quality 63
seized in exercise of any power conferred under this Act shall be liable to forfeiture.
An order for the forfeiture of the vehicle, ship, book, record, computer, industrial plant, equipment, scheduled waste, waste, environmentally hazardous substance, pollutant, licence, permit, certificate, or other document shall be made if it is proved to the satisfaction of the court that an offence under this Act has been committed and that the vehicle, ship, book, record, computer, industrial plant, equipment, scheduled waste, waste, environmentally hazardous substance, pollutant, licence, permit, certificate, or other document was the subject matter of or was used in the commission of the offence, even though no person has been convicted of such offence.
ship
“ship” includes every description of vessel or craft or floating structure;
If there is no prosecution with regard to any vehicle, ship, book, record, computer, industrial plant, equipment, scheduled waste, waste, environmentally hazardous substance, pollutant, licence, permit, certificate, or other document seized under this Act, such vehicle, ship, book, record, computer, industrial plant, equipment, scheduled waste, waste, environmentally hazardous substance, pollutant, licence, permit, certificate, or other document shall be taken and deemed to be forfeited at the expiration of a period of one calendar month from the date of service of the notice.
computer
“computer” means any device, identified by whatever name or description, for recording, storing, processing, retrieving or producing any information or matter, or for performing any one or more of those functions; and, where two or more computers carry out any one or more of those functions in combination, conjointly, or in succession, they shall be treated as a single computer;
The notice referred to in subsection (3) shall indicate that—
there is no prosecution in respect of such vehicle, ship, book, record, computer, industrial plant, equipment, scheduled waste, waste, environmentally hazardous substance, pollutant, licence, permit, certificate, or other document;
such vehicle, ship, book, record, computer, industrial plant, equipment, scheduled waste, waste, environmentally hazardous substance, pollutant, licence, permit, certificate, or other document, shall be taken and deemed to be forfeited at the expiration of one calendar month from the date of service of such notice unless before that date a claim is made in the manner set out in subsections (5), (6) and (7).
64
Any person asserting that he is the owner of the vehicle, ship, book, record, computer, industrial plant, equipment, scheduled waste, waste, environmentally hazardous substance, pollutant, licence, permit, certificate, or other document referred to in subsection (3) and that it is not liable to forfeiture may personally or by his agent authorized in writing, give written notice to the Director General or any officer duly authorized in writing by him in whose possession such vehicle, ship, book, record, computer, industrial plant, equipment, scheduled waste, waste, environmentally hazardous substance, pollutant, licence, permit, certificate, or other document is held that he claims the vehicle, ship, book, record, computer, industrial plant, equipment, scheduled waste, waste, environmentally hazardous substance, pollutant, licence, permit, certificate, or other document.
owner
“owner” shall include the country; or (iv) the agent or trustee of any of the owners described in subparagraphs (i), (ii) and (iii), or where the owner as described in subparagraphs (i) and (ii) cannot be traced or has died, his legal personal representative; (c) any vehicle or aircraft, means the person registered as the owner of the vehicle or aircraft; Environmental Quality 15
On receipt of the notice referred to in subsection (4), the
Director General or any officer duly authorized in writing by him shall refer the claim to a Sessions Court Judge.
Director General
“Director General” means the Director General of Environmental Quality referred to in section 3;
The Sessions Court Judge to whom a matter is referred under subsection (6) shall issue a summons requiring the person asserting that he is the owner of the vehicle, ship, book, record, computer, industrial plant, equipment, scheduled waste, waste, environmentally hazardous substance, pollutant, licence, permit, certificate, or other document and the person from whom it was seized to appear before him, and when the person appears or fails to appear, due service of the summons having been proved, the Sessions Court Judge shall proceed to the examination of the matter.
industrial plant
“industrial plant” means any plant used for the generation of power or for any industrial use or for the operation of ships, dredges, locomotives, cranes or other machines;
If it is proved that an offence under this Act has been committed and that the vehicle, ship, book, record, computer, industrial plant, equipment, scheduled waste, waste, environmentally hazardous substance, pollutant, licence, permit, certificate, or other document referred to in this subsection (7) was the subject matter of or was used in the commission of such offence, the Sessions Court Judge shall order the vehicle, ship, book, record, computer, industrial plant, equipment, scheduled waste, waste, environmentally hazardous substance, pollutant, licence, permit, certificate, or other document to be forfeited, and shall, in the absence of such proof, order its release.
waste
“waste” includes any matter prescribed to be scheduled waste, or any matter whether in a solid, semi-solid or liquid form, or in the form of gas or vapour which is emitted, discharged or deposited in the environment in such volume, composition or manner as to cause pollution. Environmental Quality 17
Environmental Quality 65
Any vehicle, ship, book, record, computer, industrial plant, equipment, scheduled waste, waste, environmentally hazardous substance, pollutant, licence, permit, certificate, or other document forfeited or deemed to be forfeited shall be disposed of—
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;
in accordance with the directions given by the Sessions
Court Judge; or
in such manner as the Director General or any officer duly authorized in writing by him thinks fit.
46BA.
List of vehicle, ship, book, etc., seized
Where any seizure is made under this Act, the
Director General or any officer duly authorized in writing by him making the seizure shall prepare a list of the vehicle, ship, book, record, computer, industrial plant, equipment, scheduled waste, waste, environmentally hazardous substance, pollutant, licence, permit, certificate, or other document seized and shall sign the list.
The list prepared in accordance with subsection (1) shall be delivered immediately to the person in control or in charge of the vehicle, ship, aircraft or premises where the seizure is made under section 38 or 46A, as the case may be.
aircraft
“aircraft” includes any kind of vehicle which may be used for the conveyance of passenger or goods by air;
46BB.
Release of seized book, record, computer, etc.
If any book, record, computer, industrial plant, equipment, scheduled waste, waste, environmentally hazardous substance, pollutant, licence, permit, certificate, or other document has been seized under this Act, the Director General or any officer duly authorized in writing by him who effected the seizure may, after referring to the Public Prosecutor, release the book, record, computer, industrial plant, equipment, scheduled waste, waste, environmentally hazardous substance, pollutant, licence, permit, certificate, or other document to the person from whose possession, custody or control it was seized.
66
A record in writing shall be made by the Director General or any officer duly authorized in writing by him effecting the release of the book, record, computer, industrial plant, equipment, scheduled waste, waste, environmentally hazardous substance, pollutant, licence, permit, certificate, or other document under subsection (1) specifying in detail the circumstances of and the reason for the release, and he shall send a copy of the record to the Public Prosecutor within seven days of the release.
46BC.
Cost of holding seized vehicle, ship, book, etc.
Where any vehicle, ship, book, record, computer, industrial plant, equipment, scheduled waste, waste, environmentally hazardous substance, pollutant, licence, permit, certificate, or other document seized under this Act is held in the custody of the Director General or any officer duly authorized in writing by him pending completion of any proceedings in respect of an offence under this Act, the cost of holding it in custody shall, in the event of any person being convicted of such offence, be a debt due to the Government by such person and shall be recoverable accordingly.
Terms defined in s 2
aircraft
Defined · s 2“aircraft” includes any kind of vehicle which may be used for the conveyance of passenger or goods by air;
computer
Defined · s 2“computer” means any device, identified by whatever name or description, for recording, storing, processing, retrieving or producing any information or matter, or for performing any one or more of those functions; and, where two or more computers carry out any one or more of those functions in combination, conjointly, or in succession, they shall be treated as a single computer;
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;
industrial plant
Defined · s 2“industrial plant” means any plant used for the generation of power or for any industrial use or for the operation of ships, dredges, locomotives, cranes or other machines;
owner
Defined · s 2“owner” shall include the country; or (iv) the agent or trustee of any of the owners described in subparagraphs (i), (ii) and (iii), or where the owner as described in subparagraphs (i) and (ii) cannot be traced or has died, his legal personal representative; (c) any vehicle or aircraft, means the person registered as the owner of the vehicle or aircraft; Environmental Quality 15
premises
Defined · s 2“premises” includes messuages, buildings, lands, and hereditaments of every tenure and any machinery or plant;
ship
Defined · s 2“ship” includes every description of vessel or craft or floating structure;
vehicle
Defined · s 2“vehicle” means a structure capable of moving or being moved or used for the conveyance of any person or thing and which maintains contact with the ground when in motion;
waste
Defined · s 2“waste” includes any matter prescribed to be scheduled waste, or any matter whether in a solid, semi-solid or liquid form, or in the form of gas or vapour which is emitted, discharged or deposited in the environment in such volume, composition or manner as to cause pollution. Environmental Quality 17