Environmental Quality Act 1974 · Updated to 7 Jul 2024 · Part VI · Miscellaneous
48. Power to detain and sell vehicle or ships
Official textFrom Laws of Malaysia Online, unchanged
Where the Director General has reason to believe that any discharge or spillage of oil or mixture containing oil or scheduled wastes was from a vehicle or ship, he may detain the vehicle or ship and the vehicle or ship may be detained until the owner deposits with the Government such sum or furnishes such security as would, in the opinion of the Director General, be adequate to meet the costs and expenses which would be incurred to remove or eliminate the oil or mixture containing oil or scheduled wastes.
Director General
“Director General” means the Director General of Environmental Quality referred to in section 3;
The owner or master, or any person who causes the detained vehicle or ship to proceed to move before it is released commits an offence and shall, on conviction, be liable to a fine of not less than fifty thousand ringgit and not exceeding two hundred and fifty thousand ringgit or to imprisonment for a period not exceeding five years or to both.
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
Where the owner of the vehicle or ship is unable to pay the costs and expenses incurred in removing or eliminating the oil or mixture containing oil or scheduled wastes, the Director General may apply to the court for the sale of the vehicle or ship and use the proceeds to pay for the costs and expenses of removing or eliminating the oil or mixture containing oil or scheduled wastes.
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;
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Terms defined in s 2
Director General
Defined · s 2“Director General” means the Director General of Environmental Quality referred to in section 3;
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;
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
scheduled wastes
Defined · s 2“scheduled wastes” means any waste prescribed by the Minister in the regulations as scheduled wastes;
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;