This document discusses nuclear liability in Malaysia. It begins by introducing the international conventions on nuclear liability and how states implement them domestically. In Malaysia, nuclear liability is governed by the Atomic Energy Licensing Act 1984. The Act holds nuclear installation operators strictly liable for nuclear damage caused by incidents at their facilities. It defines key terms like nuclear installations, nuclear incidents, and nuclear damage. The operator is required to have financial security to cover their liability. There are some exceptions to liability, such as if an incident occurs during international transit of nuclear material as governed by separate arrangements. The government also has powers to investigate incidents and claim compensation for environmental damage.

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Soalan: Bincangkan setakat manakah undang-undang mengenakan tanggungan
kerosakan nuklear nuclear di Malaysia + pengecualian tanggungan
Contents
I. Introduction....................................................................................................................1
II. When nuclear liability arised?........................................................................................2
III. Nuclear Liability in Malaysia ........................................................................................3
IV. Exception to liability......................................................................................................7
V. Conclusion .....................................................................................................................9
I. INTRODUCTION
1986 Chernobyl accident proves that nuclear accident might cause damage of extreme
magnitude. The detrimental effects of such accident might extend into regions far beyond
territory of accident state which might cause damage to several states. In situation for
which highest standard of safety has been achieved, occurrence of nuclear and radiological
accidents cannot be completely excluded.
Therefore, legal regimes must be provided by legislators to compensate for nuclear
damage. First step is to determine whether the existing tort law governs the issue of
compensation for nuclear damage. States also recognized that possibility of trans-boundary
nuclear damage required international nuclear liability regime hence international nuclear
liability conventions come into picture to facilitate the bringing of actions and enforcement
of judgments without hindrance by national legal systems. For example, Vienna
Convention on Civil Liability for Nuclear Damage and Convention on Supplementary
Compensation for Nuclear Damage which provides additional compensation out of
international public fund.
State has 2 options for implementation for convention at domestic level. They may
transform content of convention into national liability law with advantage that national
legislative technique and language can be used. The other option is to implement the
convention directly as self-executing instrument. However, in Malaysia, we did not signed
any said conventions relating to liability of nuclear damage but we have our specific Act
name Atomic Energy Licensing Act 1984 to govern such matters

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II. WHEN NUCLEAR LIABILITY ARISED?
Obviously, the liability raised if nuclear installations causes nuclear incident which
produced nuclear damages.
A. DEFINITION OF NUCLEAR INSTALLATIONS (CONVENTION ON NUCLEAR
SAFETY )
Any factory using nuclear fuel for the production of nuclear material or any
factory for the processing of nuclear material, and any facility where nuclear
material is stored,
B. DEFINITON OF NUCLEAR ACCIDENT (CONVENTION ON NUCLEAR SAFETY )
any occurrence, or any series of occurrences having the same origin that
causes nuclear damage but only with respect to preventive measures creates a
grave and imminent threat of causing such damage.
C. DEFINITION OF NUCLEAR DAMAGES
1963 VIENNA CONVENTION ON CIVIL LIABILITY FOR NUCLEAR DAMAGE
1. Form of damages
a) loss of life or personal injury
b) loss of or damage to property
c) damages which its extent will be determined by law of
competent court : (non-exhaustive list)
(1) economic loss arising from damage referred to in 1 & 2
(2) the costs of measures or reinstatement of impaired
environment
2. There must be a causal link between a certain nuclear installation
and a certain occurrence and the damage suffered.
a) The causal link has to be proved by the person claiming
compensation.

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b) The conventions do not contain any provisions regarding
causality; this issue is left to the law of the competent court (i.e. to
national law), so States may apply the principles of causality applied in
their national law.
MALAYSIAN ATOMIC ENERGY LICENSING ACT 1984
3. Non-nuclear damage deemed nuclear damage : Section 54
Whenever damage other than nuclear damage have been caused by a nuclear
incident such damage shall, to the extent that it is not reasonably separable
from the nuclear damage, be deemed to be nuclear damage caused by that
nuclear incident.
This provision is pari materia with Article 4(4) of Vienna Convention.
III. NUCLEAR LIABILITY IN MALAYSIA
Nuclear Liability in Malaysia governed by Atomic Energy Licensing Act 1948 (Act 1948).
In term of jurisdiction, Section 50 Provides that this Act shall not affect the liability in S.
46(2)(b) which liability for nuclear damage the conveyance in which the nuclear material
involved was carried at the time of the nuclear incident.
A. S. 47 (1) : CAUSE OF ACTION
A claimant shall fulfill at least one of the following causes of action to claim liability
against any person concerned to the nuclear damage
a) Such right to claim provided in a written contract between the
claimant and IO
b) against the person who has acted or omitted to act with intent
to cause nuclear damge; or
c) against the person who stole or unlawfully received the nuclear
material which subsequently causing the nuclear incident.
Note: Sub (a) and (b) are pari materia with Article 10 (a) and (b) of Vienna
Convention.

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B. INSTALLATION OPERATOR AND HIS LIABILITY
Nuclear installation must be operated by someone, that person called as
Intallation Operator (IO).
1. S. 42 (a): Definition of IO
a person licensed under this Act by the appropriate authority as the
operator of a nuclear installation;
2. S. 60 : IO must have financial security
In order to get license, IO must secures and maintains insurance or
other financial security covering his liability for nuclear damage under
this Act.
3. Who else considered as IO ?
S. 51 : Carrier of nuclear material or person handling radioactive waste
designated is IO
The appropriate authority may designate a carrier of nuclear material
or a person handling radioactive waste upon request from them
consented by the IO concerned. Upon such designation they shall be
considered as an installation operator for the purposes of this Part.
4. Liability of IO
S. 43 (1): IO will be liable it is proven before the court that nuclear damage
has been caused by a nuclear incident in
a) in his nuclear installation;
b) involving nuclear material coming from his nuclear installation
AND occuring before another IO has taken charge of the nuclear
material; OR
c) involving nuclear material sent to his nuclear installation, AND
occurring , after he has taken charge of the nuclear material:

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Section 43 (2) : Liability of IO (specific in the course of carriage)
IO will be liable if it is proven before the court that the damage has been
caused by a nuclear incident involving nuclear material in the course of
carriage
a) to his nuclear installation from a place outside Malaysia from
the time that the conveyance enters Malaysia; or
b) from his nuclear installation to a place outside Malaysia up to
the time that the conveyance leaves Malaysia
Section 43(3) : IO will not be liable under Section 43(2) if:
a) there is any any bilateral or multilateral arrangement to the
contrary between the Gov of Malaysia and the government of the
country related to the carried nuclear material or
b) there is any applicable provision in force to the contrary
in an international convention which signed by Government of
Malaysia and the government of the country related to the nuclear
carried material
where there is arrangement or convention to the contrary in force, the liability
of the installation operator and all other persons shall be determined in
accordance with the contrast one.
5. S. 45: Nature of Liability (Absolute and Exclusive)
The liability of the installation operator for any nuclear damage shall be
absolute unless any provided exception in this Act applied.
This provision is in line with Article 4 (1) of Vieanna Convention.

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C. SECTION 44 (1) : LIABILITY OF TRANSPORTER FOR NUCLEAR DAMAGE FROM
NUCLEAR MATERIAL IN TRANSIT
Where nuclear material is being carried through Malaysia in transit on its way to its
intended destination outside Malaysia and a nuclear incident occurs in Malaysia, the
person licensed to transport the nuclear material by the competent authority in the
country from which the nuclear material is being carried out of shall be liable for any
nuclear damage caused.
D. EVALUATION OF NUCLEAR DAMAGE
1. S. 57 : Investigation of Nuclear Incidents
(1) Any nuclear incident shall be reported to the Board. The IO shall provide
the Board with all information which it requires with a view to evaluating the
extent of nuclear damage involved.
(2) The Board shall make an investigation of
 the cause & the extent of the nuclear damage of the nuclear incident &
 to the extent that the Board deems it to be in the public interest,
the Board’s findings may be made available to the public and to the parties
involved
2. S . 58 : Compulsory Examination and treatment
After the occurrence of a nuclear incident, the Board may
 require any person suspected or likely to be affected by exposure to
ionizing radiation to be medically examined
 cause a post-mortem examination to be made on anyvcorpse where the
death is suspected to have been caused by a nuclear incident or
exposure to ionizing radiation.

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E. GOVERNMENT’S INTERVENTIONS
1. S. 48 : Government’s right to claim compensation for nuclear
damage to environment
Where there is any nuclear damage to the environment, Government of
Malaysia shall make a claim for compensation if there is any segment of the
environment that is damaged is within the jurisdiction of the Government of
Malaysia
2. S. 61 : Government’s right to indemnify the claim of nuclear
damage
The Government of Malaysia may, indemnify the IO’s liability to the extent
that the yield of insurance or other financial security is inadequate to satisfy
such claims provided , shall not in the aggregate exceed the maximum amount
established under section 59 for any one nuclear incident.
IV. EXCEPTION TO LIABILITY
A. S. 46 (1) : WAR
no person shall be liable for any nuclear damage caused by a nuclear incident
directly due to an act of armed conflict, hostilities, civil war, insurrection.
The provision is pari materia with Article 4(3)(a) of Vienna Convention.
B. S. 46 (2) (A): HIS OWN NUCLEAR INSTALATIONS
IO is not liable if the nuclear damage occurred in his nuclear installations
C. S. 49: NEGLIGENCE
If the IO proves that the nuclear damage resulted wholly or partly either from
the gross negligence of the claimant who has intent to cause damage, the court
may relieve the IO from paying compensation in respect of the damage
suffered by the claimant.
The same exception provided in Article 4(2) of Vienna Convention.

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D. FORMS OF LIMITATION
1. Amount of claim
a) S. 59 : the liability of an IO for nuclear damage shall be limited
to an amount equivalent to 50 million ringgit for any one nuclear
incident. The amounts shall not include any interest or costs awarded
by the court in actions for compensation for nuclear damage.
In contrast, Article 7 (1) (a) of 1998 Protocol to Amend the 1963
Vienna Convention on Civil Liability for Nuclear Damage (“1998
Protocol”) provides the liability of IO may be limited by the
Installation State for any onenuclear incident not less than 300 million
SDR
b) S. 65 : When it appears that the nuclear damage may exceed the
limit of liability, and upon application by the Government of Malaysia
where it intends indemnify, the court may issue such orders to assure
the equitable distribution of compensation, including orders
apportioning the payments to be made to claimants.
2. S. 63 : Prescription of time
rights to compensation under this Act shall cease after twenty years from the
date of the nuclear incident UNLESS the claimants may amend his claim to
take into account any aggravation of the damage, even after the expiry of that
period AND final judgment has not been entered in the case.
In contrast, Article 8 of 1998 Protocol provides Claims for compensation for
nuclear damage must be submitted within 30 years in the event of personal
injury and within 10 years in the event of other damage
3. S. 64 : Prescription of time with respect to nuclear material stolen,
lost, jettisoned or abandoned
the period within which to bring actions for compensation pursuant to section
63 shall be computed from the date of that nuclear incident and not from the
date such nuclear material had been stolen, lost, jettisoned or abandoned.

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V. CONCLUSION
Even though Malayasia did not ratify any international conventions concerning liability of
nuclear damages, there are some provisions pari materia with those conventions. As such,
it proves that Malaysia does not absolutely disregard the conventions because most of the
contradict provision concerning matters such as the extent of limitation of claim and
limitation of liability in order to suit with local circumstances.