Environmental Quality Act 1974 · Updated to 7 Jul 2024 · Part VI · Miscellaneous
47. Power of recovery of costs and expenses
Official textFrom Laws of Malaysia Online, unchanged
Where any segment or element of the environment is polluted by any person in contravention of this Act or the regulations made thereunder the Director General may take such action as is necessary to remove, disperse, destroy or mitigate the pollution and may recover from that person all costs and expenses incurred in connection therewith.
environment
“environment” means the physical factors of the surroundings of the human beings including land, water, atmosphere, climate, sound, odour, taste, the biological factors of animals and plants and the social factor of aesthetics;
A certificate of the Director General stating that—
Director General
“Director General” means the Director General of Environmental Quality referred to in section 3;
it is of the opinion that the person named in the certificate is responsible for such pollution shall be prima facie evidence for the purposes of any proceedings under this section;
the sum incurred in carrying out all or any of the works required under subsection (1) shall be conclusive proof of the sum due and shall not be subject to any appeal or review in any court.
All and any sum payable by such person shall be a first charge on any property or interest held by such person.
For the purposes of sections 27 and 29 where the discharge or spillage of oil, mixture containing oil or wastes is from—
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;
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any ship or two or more ships, the owner of such ship shall be liable or the owner of all such ships concerned shall be jointly and severally liable;
any apparatus used in transferring oil, mixture containing oil or wastes to any ship from a place on land, the person in charge of the apparatus and the employer of that person shall be jointly and severally liable;
any place on land, the occupier thereof shall be liable.
Terms defined in s 2
Director General
Defined · s 2“Director General” means the Director General of Environmental Quality referred to in section 3;
environment
Defined · s 2“environment” means the physical factors of the surroundings of the human beings including land, water, atmosphere, climate, sound, odour, taste, the biological factors of animals and plants and the social factor of aesthetics;
mixture containing oil
Defined · s 2“mixture containing oil” means a mixture with such oil content as may be specified by the Minister or, if such oil content is not specified, a mixture with an oil content of one hundred parts or more in one million parts of the mixture;
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;
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;
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
pollution
Defined · s 2“pollution” means an act or process, whether natural or artificial, resulting in the introduction of any pollutant into the environment in contravention of the acceptable conditions as specified in the regulations made under section 21;
ship
Defined · s 2“ship” includes every description of vessel or craft or floating structure;