PRELIMINARY
Short title, application and commencement
/akn/my/act/act/2007/672
SOLID WASTE AND PUBLIC CLEANSING MANAGEMENT ACT 2007
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- Type
- Act
- Status
- In force
- Enacted
- 2007
- Last amended
- 2025
- Sections
- 112
- Languages
- MS · EN
Quick answer
About this act
SOLID WASTE AND PUBLIC CLEANSING MANAGEMENT ACT 2007 is Malaysia Act, cited as Act 672 2007, currently marked in force and first recorded in 2007.
Opening note
Preamble
- An Act to provide for and regulate the management of controlled solid waste and public cleansing for the purpose of maintaining proper sanitation and for matters incidental thereto. [States of Perlis, Kedah, Pahang, Negeri Sembilan, Malacca and Johore, and the Federal Territories of Kuala Lumpur and Putrajaya—1 September 2011]
Opening note
Preamble
- WHEREAS sanitation is a matter within the Concurrent List in the Ninth Schedule to the Federal Constitution: AND WHEREAS matters relating to the management of controlled solid waste and public cleansing are now administered by the various local authorities: AND WHEREAS it is expedient for the purpose of ensuring uniformity of law and policy to make a law for the proper control and regulation of matters relating to the management of controlled solid waste and public cleansing throughout Peninsular Malaysia and the Federal Territories of Putrajaya and Labuan: AND WHEREAS it is also expedient that provisions be made to confer executive authority on the Federation for matters relating to the management of controlled solid waste and public cleansing throughout Peninsular Malaysia and the Federal Territories of Putrajaya and Labuan: NOW, THEREFORE, in accordance with Clause (1) of Article 74 and Clause (2) of Article 80 of the Federal Constitution, IT IS ENACTED by the Parliament of Malaysia as follows: Act 672
Part I
Part I
Section 1
(2)
This Act applies to Peninsular Malaysia and the Federal
Territories of Putrajaya and Labuan.
(3)
This Act comes into operation on a date to be appointed by the Minister by notification in the Gazette and the Minister may appoint different dates—
(a)
for the coming into operation of this Act in different parts of Peninsular Malaysia and the Federal Territories of Putrajaya and Labuan;
(c)
for the coming into operation of different provisions of this Act in different parts of Peninsular Malaysia and the Federal Territories of Putrajaya and Labuan.
Interpretation
Section 2
In this Act, unless the context otherwise requires—
“prescribed”, unless otherwise specified, means prescribed by way of regulations made under this Act;
“public roads” means any public road which is currently repaired or maintained by a local authority or which has been transferred to or has become vested in the local authority under any written law and includes any street, square, court, alley, lane, bridge, footway, track, bridle-path, passage, tunnel, lay-by, interchange, round-about, traffic island, road divider, traffic lane, acceleration lane, deceleration lane, side-table, median strip, overpass, underpass, approach, entrance or exit ramp whether a thoroughfare or not, over which the public have a right of way,
Solid Waste and Public Cleansing Management 11
but shall not include any Federal road, State road, highway, bridge, tunnel or anything connected to that road which is maintained and kept by any Federal or State authority or any private person or private bodies;
“nuisance” has the meaning assigned to it in section 2 of the
Local Government Act 1976 [Act 171];
“solid waste management facilities” means any land, fixed or mobile plant and systems incorporating structures, equipment used or intended to be used for the handling, storage, separation, transport, transfer, processing, recycling, treatment and disposal of controlled solid waste and includes transfer stations, disposal sites, sanitary landfill, incinerators and other thermal treatment plants, recycling plants and composting plants;
“Director General” means the Director General of Solid Waste and Public Cleansing Management appointed under section 5;
“recycling” means to collect and separate solid waste for the purpose of producing products;
“Minister” means the Minister charged with the responsibility for solid waste and public cleansing management;
“market” has the meaning assigned to it in section 2 of the
Local Government Act 1976;
“authorized officer” means any officer appointed under section 5, officer of any local authority as defined in the Local Government
Act 1976 or officer of the Corporation authorized in writing by the Director General for the purposes of this Act;
“disposal” means the disposal of any solid waste by any means including destruction, incineration, deposit or decomposing;
“licensee” means a person who is licensed under this Act;
“owner”—
(i)
the registered proprietor of the premises; or
(ii)
the lessee, including a sub-lessee, of the premises whether registered or otherwise;
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(i)
the registered proprietor of a parcel held under a separate strata title;
(ii)
the lessee, including a sub-lessee, of the subdivided building whether registered or otherwise; or
(iii)
the management corporation or any other similar body approved under any written law and any subsidiary proprietor;
(c)
means the agent or trustee of any of the persons described in paragraph (a) and subparagraph (b)(i) or, if that person cannot be traced or has died, his legal personal representative;
(d)
if the premises are part of a development for which separate titles are required to be applied for under any written law in operation but separate titles have yet to be issued, means—
(i)
the person with whom the developer has entered into any agreement for the purchase of the lot or parcel comprising the premises; or
(ii)
the person to whom the property has been assigned and the assignment of which has been notified to the developer;
(e)
in relation to any premises where building works are carried out, includes the developer;
(f)
in relation to the common property of any building erected on land comprised in a strata subdivision plan approved by the competent authority, includes—
(i)
the management corporation or any person having control of the building;
(ii)
any agent or servant appointed by the management corporation or any person having control of the building;
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(iii)
any person, body or administrator appointed pursuant to the Strata Titles Act 1985 [Act 318]
to exercise the power of, or for that, management corporation; or
(iv)
any person or body appointed pursuant to the
Building and Common Property (Maintenance and Management) Act 2007 [Act 663]; or
(g)
in relation to any vehicle, means the registered owner of the vehicle;
“solid waste generator” means any person who generates any controlled solid waste;
“occupier”—
(b)
in relation to premises where different parts of the premises are occupied by different persons, means the respective person in occupation or control of each part of the premises;
“Corporation” means the Solid Waste and Public Cleansing
Management Corporation established under the Solid Waste and
Public Cleansing Management Corporation Act 2007 [Act 673];
“public cleansing management services” means the following services:
(a)
the cleansing of public roads, public places, public toilets and public drains;
(i)
hawker centres excluding privately owned and maintained food courts; and
(c)
the clearing of illegally dumped controlled solid waste on public roads and in public places;
(g)
removal of carcasses, but excludes landscaping and the maintenance of public roads and public places;
“solid waste management services” means the separation, storage, collection, transportation, transfer, processing, recycling, treatment and disposal of controlled solid waste;
“local authority”—
(a)
means any local authority established or deemed to have been established under the Local Government Act 1976;
(b)
*in relation to the Federal Territory of Labuan, means the local authority established under the Local Government
Ordinance 1961 of Sabah, in operation in the Federal
Territory of Labuan as modified by the Federal Territory of Labuan (Modification of Local Government Ordinance)
Order 1984 [P.U. (A) 169/1984];
(c)
in relation to the Federal Territory of Kuala Lumpur, means the Commissioner of the City of Kuala Lumpur appointed under section 3 of the Federal Capital Act 1960
[Act 190]; and
(d)
includes any person or body of persons appointed or authorized under any written law to exercise and perform the powers and functions which are conferred and imposed on a local authority under any written law;
*NOTE—The Local Government Ordinance 1961 [Sabah No. 11 of 1961] is repealed in its application to the Federal Territory of Labuan –see P.U. (A) 439/2010.
Solid Waste and Public Cleansing Management 15
“premises” includes houses, buildings, lands, easements of any tenure, whether open or enclosed, whether built on or not, whether public or private, and whether maintained or not under statutory authority;
“recycling centre” means a place where the public can either drop or sell recyclable solid waste;
“solid waste” includes—
(a)
any scrap material or other unwanted surplus substance or rejected products arising from the application of any process;
(b)
any substance required to be disposed of as being broken, worn out, contaminated or otherwise spoiled; or
(c)
any other material that according to this Act or any other written law is required by the authority to be disposed of, but does not include scheduled wastes as prescribed under the
Environmental Quality Act 1974 [Act 127], sewage as defined in the Water Services Industry Act 2006 [Act 655] or radioactive waste as defined in the Atomic Energy Licensing Act 1984
[Act 304];
“public solid waste” means any solid waste generated by public places, which are under the supervision or control of any local authority;
“imported solid waste” means any solid waste generated in other countries and imported to Malaysia for processing or disposal;
“household solid waste” means any solid waste generated by a household, and of a kind that is ordinarily generated or produced by any premises when occupied as a dwelling house, and includes garden waste;
“institutional solid waste” means any solid waste generated by—
(a)
any premises approved under any written law or by the
State Authority for use wholly or mainly for religious worship or for charitable purposes;
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(b)
any premises occupied by any Federal or State Government department, any local authority or any statutory body;
(d)
any healthcare facilities including hospitals, clinics and health centres; or
(e)
any premises used as public zoos, public museums, public libraries and orphanages;
“special solid waste” means any kind of controlled solid waste as may be prescribed which—
(b)
is difficult to treat, keep or dispose of, that special provisions are required to deal with it;
“commercial solid waste” means any solid waste generated from any commercial activity;
“construction solid waste” means any solid waste generated from any construction or demolition activity, including improvement, preparatory, repair or alteration works;
“industrial solid waste” means any solid waste generated from any industrial activity;
“controlled solid waste” means any solid waste falling within any of the following categories:
(h)
solid waste which may be prescribed from time to time;
“recyclable solid waste” means controlled solid waste which is suitable for recycling as may be prescribed;
“appointed date” means the date on which this Act or parts of this Act comes into operation;
“public places” means any open space, parking place, garden, recreation and pleasure ground or square, whether enclosed or not, set apart or appropriated for the use of the public or to which the public shall at any time have access;
“Tribunal” means the Tribunal for Solid Waste Management
Services established under section 34.
Federal Government to have executive authority
Section 3
The Federal Government shall, upon the coming into operation of this Act, have executive authority with respect to all matters relating to the management of solid waste and public cleansing throughout Peninsular Malaysia and the Federal Territories of
Putrajaya and Labuan.
Agreement regarding solid waste management services and public cleansing management services
Section 4
Notwithstanding the provisions of any written law to the contrary, the Federal Government shall, upon the coming into operation of this Act, have power to enter into any agreement with any person authorizing such person to undertake, manage, operate and carry out any solid waste management services or public cleansing management services under this Act.
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Part II
Part II
ADMINISTRATION
Appointment of Director General, Deputy Director General and other officers
Section 5
(2)
The Minister shall appoint such numbers of Deputy
Director General of Solid Waste and Public Cleansing as may be necessary for the purposes of this Act from amongst members of the public service who shall, subject to the control and direction of the Director General, have the powers and functions of the
Director General, other than the power of delegation referred to in subsection (4).
(3)
The Minister shall appoint such numbers of Directors,
Deputy Directors, Assistant Directors and other officers as may be necessary for the purposes of this Act from amongst members of the public service who shall be subject to the control, direction and supervision of the Director General.
(4)
The Director General may, in relation to any particular matter or class of matters, by writing under his hand, delegate all or any of his powers or functions under this Act, except his power of delegation, to any Director, Deputy Director, Assistant
Director, or other officers including any officer of any local authority or any officer of the Corporation.
(5)
A delegation under subsection (4) may be revoked at any time by the Director General and does not prevent the Director
General from exercising the powers or performing the functions delegated under that subsection.
Solid Waste and Public Cleansing Management 19
Functions and powers of Director General
Section 6
(a)
to propose, after taking into consideration the recommendation from the Corporation, policies, plans and strategies in respect of solid waste and public cleansing management to the Minister;
(b)
to formulate, after taking into consideration the recommendation from the Corporation, plans for solid waste management including the location, type and size of new treatment facilities, the coverage areas of the solid waste management facilities, the solid waste management schemes to supply controlled solid waste to the solid waste management facilities and the timescale for the implementation of the plans;
(c)
to set, after taking into consideration the recommendation from the Corporation, standards, specifications and codes of practice relating to any aspect of solid waste management services and public cleansing management services;
(d)
to exercise the regulatory functions specified in this Act and any regulations made under this Act;
(f)
to carry out such other activities for the purpose of carrying out, or in connection with, the performance of his functions under this Act.
(2)
The Director General shall have all such powers as may be necessary for, or in connection with, or incidental to, the performance of his functions under this Act.
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Power of Minister to give directions
Section 7
The Minister may give the Director General directions of general character consistent with the provisions of this Act relating to the exercise of the powers and performance of the functions of the Director General and the Director General shall give effect to such directions.
Part III
Part III
APPROVAL FOR THE CONSTRUCTION, ALTERATION
OR CLOSURE OF PRESCRIBED SOLID WASTE
MANAGEMENT FACILITIES
Construction or alteration of prescribed solid waste management facilities
Section 8
(2)
No person shall undertake any alteration of any prescribed solid waste management facilities which may—
(e)
affect the overall planning of solid waste management services, unless the relevant plans or specifications which require the approval of the Director General have first been approved in writing by the Director General.
(3)
An application for the approval of the Director General under subsections (1) and (2) shall be submitted to the Corporation.
Solid Waste and Public Cleansing Management 21
(4)
In addition to any other requirements under any other written law, the Corporation may require any person seeking the approval of the Director General under subsection (1) or (2) to submit to the Corporation such information and document in a form and manner and within the time as may be prescribed.
(5)
If a person fails to comply with subsection (4), the person’s application for approval shall be deemed to be withdrawn without affecting the person’s right to submit a fresh application.
(6)
The Corporation may give written directions to the person seeking the approval of the Director General under subsections (1)
and (2) with regard to the compliance with this Act or any regulations made under this Act.
(7)
The person to whom any written directions are given under subsection (6) shall comply with such directions and where necessary, amend the plans and specifications accordingly and resubmit the amended plans and specifications to the Corporation in a manner and within the time as the Corporation may specify.
(8)
If the person referred to in subsection (7) fails to comply with the written directions of the Corporation, the person’s application shall be deemed to be withdrawn without affecting the person’s right to submit a fresh application.
(9)
A person who—
(a)
constructs or alters any prescribed solid waste management facilities without the plans and specifications which are required to be approved by the Director General being first approved in writing by the Director General; or
(b)
constructs or alters any prescribed solid waste management facilities not in accordance with approved plans and specifications, commits an offence and shall, on conviction, be liable to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding five years or to both.
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(10)
If an offence is proved under subsection (9), the court shall make an order requiring the person to alter the prescribed solid waste management facilities so as to comply with the approved plans and specifications within a period specified in the order and if he fails to comply with the order, he commits an offence and shall, on conviction, be liable to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding five years or to both and in the case of a continuing offence, be liable to a fine not exceeding five thousand ringgit for every day or a part of a day during which the offence continues after conviction.
Recommendation by the Corporation
Section 9
(2)
The written recommendation of the Corporation shall specify the reasons for its recommendation and any special conditions which that person should be subjected to if the Corporation recommends to the Director General to grant the approval.
Grant or refusal of approval
Section 10
(2)
In granting the approval to the person referred to in subsection 8(1) or (2), the Director General may impose such terms and conditions as he thinks fit.
(3)
The decision of the Director General to grant or not to grant an approval shall be communicated to the person referred to in subsection 8(1) or (2) as soon as practicable.
Solid Waste and Public Cleansing Management 23
Review of approval
Section 11
(2)
The Director General may, having due regard to the recommendation of the Corporation under subsection (1), review the approval granted under section 10 if he is satisfied that the approved solid waste management facility does not conform to any requirements pertaining to environmental impact, quality and level of solid waste management services or public health.
(3)
The Director General may serve upon the owner or occupier of the approved solid waste management facility a written notice of his intention to require the owner or occupier to apply for a fresh approval.
(4)
The Director General shall give the owner or occupier an opportunity to make written submission within a period specified in the written notice which shall not be less than thirty days.
(5)
After the expiry of the period specified in the notice, the
Director General shall, after considering any written submission made by the owner or occupier and having due regard to any recommendation of the Corporation, decide whether or not to require the owner or occupier to apply for a fresh approval.
(6)
The Director General shall give the owner or occupier a written notice of his decision under subsection (5) as soon as practicable.
Application to close any prescribed solid waste management facilities
Section 12
(2)
The Corporation may, after the receipt of an application under subsection (1), request the owner or occupier to give further information or document within the period specified in the request or any extension of time granted by the Corporation.
(3)
If the owner or occupier fails to comply with subsection (2), the application shall be deemed to be withdrawn without affecting the owner or occupier’s right to submit a fresh application.
(4)
The Corporation shall within sixty days from the receipt of the application under subsection (2), submit a written recommendation to the Director General as to whether or not the application should be allowed.
(5)
The written recommendation of the Corporation shall specify the reasons for its recommendation and any special conditions which the owner or occupier should be subjected to if the Corporation recommends to the Director General to allow the application.
(6)
The Director General shall, after considering the application under subsection (1) and having due regard to the recommendation of the Corporation—
(b)
reject the application and direct the owner or occupier to submit a fresh application and closure plan.
(7)
Any owner or occupier who closes any prescribed solid waste management facility without the approval of the Director
General commits an offence and shall, on conviction, be liable to a fine not less than one hundred thousand ringgit and not exceeding five hundred thousand ringgit or to imprisonment for a term not exceeding five years or to both.
Right of appeal to the Minister
Section 13
(2)
The Minister’s decision on an appeal under subsection (1)
shall be final and binding.
Solid Waste and Public Cleansing Management 25
Part IV
Part IV
LICENSING PROVISIONS
Requirement for licence
Section 14
(c)
undertake or provide any public cleansing management services, unless he holds a licence granted under this Act.
(2)
A licensee shall not provide any of the licensed activities referred to in subsection (1) except in accordance with the conditions of the licence granted to the licensee.
(3)
A person who contravenes subsection (1) commits an offence and shall, on conviction, be liable to a fine not less than fifty thousand ringgit and not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding five years or to both and in the case of a continuing offence, be liable to a fine not exceeding five thousand ringgit for every day or a part of a day during which the offence continues after conviction.
Power to exempt from requirement for licence
Section 15
(2)
A person who is exempted from the licensing requirements under subsection (1) shall comply with the duties and obligations of a licensee as if the person is a licensee under this Act unless otherwise specified in the exemption order.
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Application for licence
Section 16
(2)
Every application under subsection (1) shall be accompanied by such document or information as may be prescribed.
(3)
An application under this section may be withdrawn at any time before it is granted or refused.
Additional information or document
Section 17
(2)
If any additional information or document required under subsection (1) is not provided by the applicant within the period specified in the request or any extension of time granted by the
Corporation, the application shall be deemed to be withdrawn and shall not be further proceeded with, but without affecting the right of the applicant to make a fresh application.
Recommendation by the Corporation
Section 18
(2)
The written recommendation of the Corporation shall specify the reasons for its recommendation and any special conditions which the applicant should be subjected to if the Corporation recommends to the Director General to grant the licence.
Solid Waste and Public Cleansing Management 27
Grant or refusal of licence
Section 19
(2)
If the Director General decides to grant a licence under subsection (1), he shall—
(a)
require the licensee to pay the prescribed fee within the prescribed period; and
(3)
The conditions which may be imposed under subsection (2)
include—
(e)
the solid waste management facilities to which collected solid waste may be delivered to;
(f)
the requirement to deposit such amount as may be prescribed as security for safe closure of solid waste management facilities;
(g)
the annual licence fee payable by the licensee, or if the
Director General thinks it expedient, the lump sum licence fee payable by the licensee for the whole duration of the licence; and
(h)
the particular rights and duties of the licensee in respect of the services to be provided by the licensee.
(4)
The decision of the Director General to grant or not to grant a licence shall be communicated to the applicant by written notice as soon as practicable.
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(5)
The written notice by the Director General under subsection (4)
shall specify—
(a)
in the case where the licence is granted, the fact of such grant and the requirements and conditions imposed under subsection (2); and
(b)
in the case of a refusal to grant a licence, the fact of such refusal and the reason for the refusal.
Compliance with licence conditions
Section 20
(2)
A licensee who fails to comply with any condition of a licence commits an offence and shall, on conviction, be liable to a fine not less than twenty-five thousand ringgit and not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding two years or to both and in the case of a continuing offence, be liable to a fine not exceeding two thousand and five hundred ringgit for every day or a part of a day during which the offence continues after conviction.
Power to impose additional, vary or revoke conditions
Section 21
(2)
Before the Director General makes a decision under subsection (1), the Corporation shall give the licensee—
(a)
a written notice of the Director General’s intention together with a draft copy of the imposition, variation or revocation; and
(b)
an opportunity to make written submissions within a period specified in the written notice which shall not be less than thirty days.
Solid Waste and Public Cleansing Management 29
(3)
After the expiry of the period specified in the notice, the
Director General shall, after considering any written submission made by the licensee and having due regard to any recommendation of the Corporation, decide whether to impose additional conditions or to vary or revoke any existing conditions or to take no further action.
(4)
The Corporation shall give the licensee a written notice of the Director General’s decision under subsection (3) as soon as practicable and the decision shall take effect on a date to be specified in the written notice.
Transfer of licence
Section 22
(2)
A licensee who assigns, sub-licenses or transfers his licence to any other person without the prior written approval of the
Director General commits an offence and shall, on conviction, be liable to a fine not less than twenty-five thousand ringgit and not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding two years or to both.
Suspension and revocation of licence
Section 23
(a)
the licensee has failed to comply with any provisions of this Act or any regulations made under this Act;
(d)
the licensee has been convicted of an offence under this
Act or any regulations made under this Act;
(e)
a receiver, receiver and manager, provisional liquidator or like official has been appointed over the whole or substantial part of the licensee’s assets and such appointment is not revoked or annulled within a period of sixty days from the date of such appointment; or
(f)
there has been any act or default on the part of the licensee or there has been a change of circumstances such that the licensee would no longer be entitled to be granted a licence under this Act.
(2)
Before the Director General makes a decision under subsection (1), he shall give the licensee—
(b)
an opportunity to make written submissions within a period specified in the written notice which shall not be less than thirty days.
(3)
After the expiry of the period specified in the notice, the
Director General shall, after considering the written submissions made by the licensee under subsection (2), if any, and having due regard to any recommendation of the Corporation, decide whether to suspend the licence for a period not exceeding one month or to revoke the licence.
(4)
The Director General shall give the licensee a written notice of his decision under subsection (3) as soon as practicable.
(5)
If a licence is suspended under subsection (3), the Director
General may require the licensee to remedy the breach or the contravention and if he considers necessary to do so, cause the services provided by the licensee to be carried out by any other person authorized by the Director General on such terms and conditions as the Director General may specify.
Solid Waste and Public Cleansing Management 31
(6)
If the Director General is satisfied that the licensee fails to remedy the breach or contravention as required under subsection (5), or the breach or contravention continues after the licence is suspended under subsection (3), he shall revoke the licence.
(7)
A licensee whose licence is—
(a)
suspended or revoked shall not be entitled to any compensation for any loss caused to him by the suspension or revocation of a licence granted under this Act; and
(b)
revoked shall not be entitled to any refund of the licence fee paid under section 19.
Effective date of revocation of licence
Section 24
The revocation of a licence under section 23 shall take effect—
(a)
on a date specified by the Director General in the written notice given under subsection 23(4); or
(b)
if no date is specified in the written notice given under subsection 23(4), on the expiry of thirty days from the date on which the notice is served on the licensee.
Surrender of licence
Section 25
(2)
The surrender of the licence shall take effect six months from the date the Director General receives the licence and the written notice under subsection (1) or on such other date as may be specified by the Director General.
(3)
The surrender of a licence under subsection (1) shall be irrevocable unless the Director General by notice in writing to the licensee allows the surrender to be withdrawn before the effective date of the surrender of the licence.
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Renewal of licence
Section 26
(2)
Notwithstanding subsection (1), the Director General may, subject to the payment of a penalty not exceeding three thousand ringgit, impose on the licensee, allow an application for renewal of the licence made after the time specified in subsection (1), but no application for renewal shall be allowed where the application is made after the date of expiry of the licence.
(3)
The Director General shall, on the recommendation of the Corporation, upon payment of the prescribed fee, renew an existing licence except in the following circumstances:
(a)
the licensee has failed to comply with any provisions of this Act or any regulations made under this Act;
(d)
the licensee has been convicted of an offence under this
Act or any regulations made under this Act;
(e)
a receiver, receiver and manager, provisional liquidator or like official has been appointed over the whole or substantial part of the licensee’s assets and such appointment is not revoked or annulled within a period of sixty days from the date of such appointment; or
(f)
there has been any act or default on the part of the licensee or there has been a change of circumstances such that the licensee would no longer be entitled to be granted a licence under this Act.
(4)
The Director General may request the licensee to provide any information or document as may be required for the renewal application within a period specified in the request.
Solid Waste and Public Cleansing Management 33
(5)
Notwithstanding subsection (3), if the information or document requested under subsection (4) is not provided by the licensee within the period specified in the request or any extension of time granted, the Director General may not renew the licence.
(6)
If the Director General refuses to renew the licence, he shall inform the licensee by written notice as soon as practicable of refusal to renew the licence.
(7)
The licensee shall be given an opportunity to make written submissions to the Director General within a period specified in the written notice referred in subsection (6) which shall not be less than fourteen days.
(8)
After the expiry of the period specified in the written notice under subsection (7), the Director General shall, after considering any written submissions made by the licensee and having due regard to any recommendation of the Corporation, decide whether or not to renew the licence.
(9)
If the Director General decides not to renew the licence, he shall notify the licensee as soon as practicable of the said decision and the reason for his decision.
Effect of revocation, surrender or non-renewal of licence
Section 27
If the revocation of a licence under section 23 or a surrender of a licence under section 25 has taken effect or where the licence has not been renewed under section 26, the licensee shall immediately cease to provide any solid waste management services or operate any prescribed solid waste management facilities in respect of which the licence was granted.
Section 28
Register of licence
(3)
Any person may, on application in writing to the Director
General and on payment of the prescribed fee, be provided with a copy of or an extract from an entry in the register.
(4)
A copy of or an extract from an entry in the register purporting to be certified under the hand of the Director General shall, until the contrary is proved, be admitted in evidence as proof of the entry as stated in the register.
Right of appeal to the Minister
Section 29
(2)
The Minister’s decision on any appeal under subsection (1)
shall be final and binding.
Part V
Part V
CHARGES
Power to impose charges, etc.
Section 30
(d)
any other person, to whom solid waste management services are provided under this Act.
Solid Waste and Public Cleansing Management 35
(2)
The Minister may, by order published in the Gazette, authorize the Corporation or the person with whom an agreement has been entered into under section 4 to demand, collect and retain the controlled solid waste charges, fees or levy prescribed under subsection (1) in respect of solid waste management services provided by the person under the agreement.
(3)
The Corporation or the person with whom an agreement has been entered into under section 4, may recover from the owner, occupier, local authority or any other person, from whom charges, fees or levy for solid waste management services is due and remains unpaid after the due date, additional charges for late payment at a rate to be prescribed by the Minister.
(4)
An order made under subsection (2) shall specify—
(a)
the type and extent of services with respect to which controlled solid waste charges, fees or levy may be demanded, collected and retained;
(b)
the person authorized to demand, collect and retain the controlled solid waste charges, fees or levy; and
(c)
the duration of the authorization to demand, collect and retain the controlled solid waste charges, fees or levy.
(5)
Any person authorized under subsection (2) shall—
(a)
maintain such accounts, books and records in respect of the payment and collection of controlled solid waste charges, fees or levy and late payment charges as the
Director General may require;
(b)
furnish to the Director General such information, returns and accounts in respect of the payment and collection of controlled solid waste charges, fees or levy and late payment charges as the Director General may require;
and
(c)
permit the Director General or any officer authorized in writing by the Director General—
(i)
to have access to, examine, inspect or make copies of any document; and
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(ii)
to have access to, examine or inspect any machinery or equipment, maintained or used for the payment or collection of controlled solid waste charges, fees, levy or late payment charges.
(6)
The authorization of any person under subsection (2) shall not render the Federal Government liable to any person in respect of any injury, damage or loss occasioned by the failure of the person authorized under that subsection to carry out his obligations under the agreement in respect of which controlled solid waste charges, fees or levy are demanded, collected or retained.
(7)
All moneys due and payable under this section shall be a debt due to the person authorized under subsection (2) and shall be recoverable accordingly from the owner, occupier, local authority or any other person referred to in subsection (1).
(8)
Any person who fails to comply with subsection (5)
commits an offence and shall, on conviction, be liable to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding six months or to both.
Recovery of controlled solid waste charges, fees or levy
Section 31
(2)
If at the end of the period specified in the notice under subsection (1) the sum or part of the sum due remains unpaid, the Corporation or the person with whom an agreement has been entered into under section 4 may serve on the owner, occupier, local authority or any other person a further written notice demanding payment of the sum due within fourteen days from the date of service of the notice; and if upon the expiry of the said period, the sum due still remains unpaid, the Corporation or that person may institute proceedings in any court of competent jurisdiction or the Tribunal established under this Act for the recovery of the said sum.
Solid Waste and Public Cleansing Management 37
Failure or refusal to pay charges, fees or levy
Section 32
Any person who, without any reasonable excuse, fails or refuses to pay controlled solid waste charges, fees or levy commits an offence and shall, on conviction, be liable to a fine not exceeding five thousand ringgit and shall also be liable to a further fine not exceeding fifty ringgit for every day during which the offence is continued after the conviction.
Part VI
Part VI
TRIBUNAL FOR SOLID WASTE MANAGEMENT SERVICES
Meaning of “interested person”
Section 33
For the purpose of this Part, “interested person” means the
Corporation, any licensee, owner, occupier, local authority and solid waste generator in respect of solid waste management services provided under this Act.
Section 34
Establishment of Tribunal for Solid Waste Management Services
Management Services” shall be established for the purpose of this Act.
Section 35
Membership of Tribunal
(a)
a Chairman and a Deputy Chairman from amongst members of the Judicial and Legal Service; and
(b)
not less than five other members to be appointed from amongst persons who are members of or who have held office in the Judicial and Legal Service or advocates and solicitors admitted and enrolled under the Legal
Profession Act 1976 [Act 166], the Advocates Ordinance of Sabah [Sabah Cap. 2] or the Advocates Ordinance of Sarawak [Sarawak Cap. 110] who have not less than seven years standing.
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(2)
The members referred to in paragraph (1)(b)—
(b)
shall be eligible for reappointment upon the expiry of his term of office but shall not be appointed for more than three consecutive terms.
Temporary exercise of functions of Chairman
Section 36
Where the Chairman is for any reason unable to perform his functions or during any period of vacancy in the office of the
Chairman, the Deputy Chairman shall perform the functions of the Chairman.
Section 37
Vacation of office
The office of a member of the Tribunal shall become vacant—
(b)
upon the member resigning from such office by giving three months’ written notice to the Minister;
(d)
upon the member ceasing to be an advocate and solicitor under the Legal Profession Act 1976, the Advocates
Ordinance of Sabah or the Advocates Ordinance of
Sarawak.
Revocation of appointment
Section 38
The Minister may revoke the appointment of a member of the Tribunal appointed under paragraph 35(1)(b)—
(a)
if his conduct, whether in connection with his duties as a member of the Tribunal or otherwise, has been such as to bring discredit to the Tribunal;
Solid Waste and Public Cleansing Management 39
(b)
if he has become incapable of properly carrying out his duties as a member of the Tribunal;
(c)
if there has been proved against him, or he has been convicted on, a charge in respect of—
(i)
an offence involving fraud, dishonesty or moral turpitude;
(iv)
any other offence punishable with imprisonment for a term more than two years;
(e)
if he has been found or declared to be of unsound mind or has otherwise become incapable of managing his affairs; or
(f)
if he absents himself from three consecutive sittings of the Tribunal without leave of the Chairman.
Resignation
Section 39
A member of the Tribunal appointed under paragraph 35(1)(b)
may at any time resign his office by giving three months’ written notice to the Minister.
Section 40
Filling of vacancy
Minister may appoint another person to fill the vacancy.
Section 41
Remuneration
(2)
The members of the Tribunal appointed under paragraph 35(1)(b)
shall be paid—
(b)
such lodging, travelling and subsistence allowances, as the Minister may determine.
(3)
The remuneration provided for in subsections (1) and (2)
shall be charged on the Consolidated Fund.
Secretary to Tribunal and other officers
Section 42
(3)
For the purposes of this Act, the Secretary to the Tribunal shall be deemed to be an officer of the Tribunal.
Sittings of Tribunal
Section 43
(2)
The Tribunal may sit in one or more sittings on such day and at such time and place as the Chairman may determine.
(3)
If the person presiding over any proceedings in respect of a claim dies or becomes incapacitated, or is for any other reason unable to complete or dispose of the proceedings, the claim shall be heard afresh by another member of the Tribunal, unless the parties agree that the claim be continued by another member of the Tribunal.
Solid Waste and Public Cleansing Management 41
(4)
Where the term of appointment of any member of the
Tribunal under this section expires during the pendency of any proceedings in respect of a claim, the term of his appointment shall be deemed to be extended until the final disposal of the claim.
Commencement of proceedings
Section 44
Any interested person may commence proceedings in the
Tribunal by lodging a claim in the prescribed form together with the prescribed fee claiming for any matter concerning his interests or any loss suffered or damages incurred which includes the recovery of charges, fees or levy under this Act.
Section 45
Jurisdiction of Tribunal
(2)
Subject to subsection (1), a respondent to a claim or dispute may raise a debt or liquidated demand as—
(3)
Where a respondent raises a debt or liquidated demand under subsection (2) and the debt or demand is proved, the Tribunal shall—
(b)
hear and determine the counter-claim notwithstanding that the original claim is withdrawn, abandoned or struck out.
(4)
Any claim lodged with the Tribunal may include loss or damage of a consequential nature.
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Limitation of jurisdiction
Section 46
(i)
the entitlement of any person under a will or settlement, or on intestacy (including partial intestacy);
(2)
The jurisdiction of the Tribunal shall be limited to a claim that is based on a cause of action arising from—
(a)
any claim for the recovery of charges, fees or levy of solid waste management services by the licensee or the
Corporation; or
(b)
any disputes arising from any charges, fees or levy imposed for solid waste management services between the licensee or the Corporation and the owner, occupier, local authority or solid waste generator, which is brought by the interested person within three years of the claim or dispute.
(3)
Nothing in this section shall be deemed to authorize the
Tribunal to deal with a claim arising from personal injury or death.
(4)
For the purposes of subsection (1), “land” does not include fixtures.
Solid Waste and Public Cleansing Management 43
Extension of jurisdiction by agreement
Section 47
(2)
An agreement may be made under subsection (1)—
(b)
where a claim has been lodged under section 44, at any time before the Tribunal has recorded an agreed settlement in respect of the claim under subsection 52(3) or has determined the claim under section 57, as the case may be.
Abandonment to bring claim within jurisdiction
Section 48
(2)
Where a part of a claim has been abandoned under subsection (1), the Tribunal’s record of an agreed settlement under subsection 52(3) or the Tribunal’s award under section 57, as the case may be, in relation to the claim shall operate to discharge—
(b)
the person against whom the claim is brought and the subsequent award is made, from liability in respect of the amount so abandoned.
Cause of action not to be split
Section 49
Claims may not be split, nor more than one claim brought, in respect of the same matter against the same party for the purpose of bringing it within the jurisdiction of the Tribunal.
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Section 50
Exclusion of jurisdiction of court
(a)
the proceedings before the court were commenced before the claim was lodged with the Tribunal; or
(2)
Where paragraph (1)(a) applies, the issues in dispute in the claim to which those proceedings relate, whether as shown in the initial claim or emerging in the course of the hearing, shall not be the subject of proceedings between the same parties before the
Tribunal unless the claim before the court is withdrawn, abandoned or struck out.
Notice of claim and hearing
Section 51
Upon a claim being lodged under section 44, the Secretary to the Tribunal shall give notice of the details of the day, time and place of hearing in the prescribed form to the claimant and the respondent.
Section 52
Negotiation for settlement
(2)
Without limiting the generality of subsection (1), in making an assessment, the Tribunal shall have regard to any factors that in the opinion of the Tribunal, are likely to impair the ability of either or both of the parties to negotiate an agreed settlement.
Solid Waste and Public Cleansing Management 45
(3)
Where the parties reach an agreed settlement, the Tribunal shall approve and record the settlement and the settlement shall then take effect as if it were an award of the Tribunal.
(4)
Where—
(a)
it appears to the Tribunal that it would not be appropriate for it to assist the parties to negotiate an agreed settlement in relation to the claim; or
(b)
the parties are unable to reach an agreed settlement in relation to the claim, the Tribunal shall proceed to determine the dispute.
Right to appear at hearings
Section 53
(2)
No party shall be represented by an advocate and solicitor at a hearing unless in the opinion of the Tribunal the matter in question involves complex issues of law and one party will suffer severe financial hardship if he is not represented by an advocate and solicitor; but if one party is subsequently allowed to be represented by an advocate and solicitor then the other party shall also be so entitled.
(3)
Subject to subsection (2), but notwithstanding section 37
of the Legal Profession Act 1976—
(a)
a corporation or an unincorporated body of persons may be represented by a full-time paid employee of the corporation or body the persons;
(b)
a minor or any other person under a disability may be represented by his next friend or guardian ad litem.
(4)
Where a party is represented as permitted under subsection (3), the Tribunal may impose such conditions as it considers necessary to ensure that the other party to the proceedings is not substantially disadvantaged.
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Proceedings to be public
Section 54
All proceedings before the Tribunal shall be open to the public.
Section 55
Evidence
(a)
procure and receive all such evidence on oath or affirmation, whether written or oral, and examine all such persons as witnesses, as the Tribunal thinks necessary to procure, receive or examine;
(b)
require the production before it of books, papers, documents, records or things;
(c)
administer such oath, affirmation or statutory declaration, as the case may require;
(d)
seek and receive such other evidence and make such other inquiries as it thinks fit;
(e)
summon the parties to the proceedings or any other person to attend before it to give evidence or to produce any document, records or other thing in his possession or otherwise to assist the Tribunal in its deliberations;
(g)
generally direct and do all such things as may be necessary or expedient for the expeditious determination of the claim.
(2)
A summons issued under this section shall be served and enforced as if it were a summons issued by a subordinate court.
Tribunal may act in absence of party
Section 56
The Tribunal may hear and determine the claim before it notwithstanding the absence of any party to the proceedings if it is proved to the satisfaction of the Tribunal that a notice of the hearing has been duly served on the absent party.
Solid Waste and Public Cleansing Management 47
Section 57
Awards of the Tribunal
(2)
An award of the Tribunal under subsection (1) may require one or more of the following:
(b)
that money be awarded to compensate for any loss or damage suffered by the claimant;
(d)
that interest be paid on any sum or monetary award at a rate not exceeding eight per centum per annum, unless it has been otherwise agreed between the parties;
(3)
Nothing in paragraph (2)(d) or (e) shall be deemed to empower the Tribunal to award any damages for any non-pecuniary loss or damage.
(4)
The Tribunal may at any time rectify or correct clerical mistake in any award or errors arising from any accidental slip or omission.
Reference to a Judge of the High Court on a question of law
Section 58
(b)
which, in the opinion of the Tribunal, is of sufficient importance to merit such reference; and
(c)
the determination of which by the Tribunal raises, in the opinion of the Tribunal, sufficient doubt to merit such reference.
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(2)
If the Tribunal refers any question of law under subsection (1)
for the decision of a Judge of the High Court, it shall make its award in conformity with such decision.
(3)
A Federal Counsel authorized by the Attorney General for that purpose may appear on behalf of the Tribunal in any proceedings before a Judge of the High Court under this section.
Reasons for decision
Section 59
The Tribunal shall in all proceedings give its reasons for its award in the proceedings.
Section 60
Orders and settlement to be recorded in writing
The Tribunal shall make or cause to be made a written record of the terms of—
Section 61
(b)
shall be deemed to be an order of a Sessions Court or
Magistrate’s Court, as the case may be, and be enforced accordingly by any party to the proceedings.
Solid Waste and Public Cleansing Management 49
(2)
For the purpose of paragraph (1)(b), in cases where the award made by the Tribunal has not been complied with, the
Secretary to the Tribunal shall send a copy of the award made by the Tribunal to the Sessions Court or Magistrate’s Court, as the case may be, having jurisdiction in the place to which the award relates or in the place where the award was made and the
Court shall cause the copy to be recorded.
Criminal penalty for failure to comply
Section 62
(2)
In the case of a continuing offence, the offender shall, in addition to the penalties under subsection (1), be liable to a fine not exceeding one thousand ringgit for each day or part of a day during which the offence continues after conviction.
Procedure where no provision is made
Section 63
Subject to this Act and to any regulations made under this
Act, the Tribunal shall adopt such procedure as it thinks fit and proper.
Section 64
Want of form
No proceedings of the Tribunal or award or other document of the Tribunal shall be set aside or quashed for want of form.
Section 65
Disposal of documents, etc.
(2)
Where no person has taken delivery of the document, record, material or other property referred to in subsection (1), after a period of six months, the ownership in the document, record, material or other property shall be deemed to have passed to and become vested in the Government.
Act or omission done in good faith
Section 66
No action or suit shall be instituted or maintained in any court against—
(c)
a person authorized to act for or on behalf of the Tribunal, for any act or omission done in good faith in the performance of its or his functions and the exercise of its or his powers under this Act.
Regulations in respect of the Tribunal
Section 67
(2)
Without prejudice to the generality of subsection (1), regulations may be made for—
(d)
prescribing and imposing fees and providing for the manner for collecting and disbursing such fees;
(e)
prescribing anything required to be prescribed under this
Part.
Solid Waste and Public Cleansing Management 51
Part VII
Part VII
ASSUMPTION OF CONTROL
Interpretation
Section 68
In this Part, unless the context otherwise requires—
“licensee” includes—
(c)
a person who holds, controls or operates asset which form part of the solid waste management services and public cleansing management services.
Licensee to inform Corporation
Section 69
Any licensee which considers that—
(b)
it has suspended payment to any extent that prejudices its operation, shall immediately inform the Corporation of the fact.
Action of Corporation in respect of licensee in certain circumstances
Section 70
(a)
has been informed by a licensee of any circumstances referred to in section 69; or
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(i)
that the licence or authorization of a licensee has been revoked and the licensee continues to provide solid waste management services and public cleansing management services in contravention of this Act and any regulations made under this
Act;
(ii)
that there has been or is a contravention by the licensee of any direction by the Corporation as is serious enough to make it inappropriate for the licensee to continue to hold its licence;
(iii)
that the licensee is insolvent or has suspended payment to any extent that prejudices its operations or that there are facts or circumstances which is likely to lead to the licensee becoming insolvent or to the licensee suspending payment to any extent that prejudices its operations; or
(iv)
that the licensee has contravened any provision of this Act or has contravened any condition of its licence as is serious enough to make it inappropriate for the licensee to continue to hold its licence, the Corporation may, by order published in the Gazette, exercise any one or more of the following powers, as it deems necessary:
(A)
require the licensee to take any step, action or to do or not to do any act or thing in relation to the licensee or its business, directors or officers as may be specified, and within the period set out, by the Corporation in the order;
(B)
notwithstanding anything in any written law or any limitations contained in the constituent documents of the licensee, remove an officer of the licensee from his office with effect from a date as may be set out in the order;
Solid Waste and Public Cleansing Management 53
(C)
notwithstanding anything in any written law or any limitations contained in the constituent documents of the licensee, in particular, a limitation as to the minimum or maximum number of directors—
(i)
remove any director of the licensee from his office with effect from a date as may be set out in the order; or
(ii)
appoint one or more persons as a director or directors of the licensee and provide for any of the persons so appointed to be paid by the licensee such remuneration as may be set out in the order; or
(D)
appoint a person to advise the licensee in relation to the proper conduct of its business and provide for the person so appointed to be paid by the licensee such remuneration as may be set out in the order.
(2)
The powers of the Corporation under paragraphs (1)(B),
(3)
If any of the circumstances as set out in paragraphs (1)(a)
and (b) exist in respect of a licensee and the Corporation is of the opinion that it is necessary in the public interest, the Corporation may, whether or not it has exercised any of its powers under paragraph (1)(A), (B), (C) or (D), make a recommendation to the Minister—
(a)
for the Corporation to assume control of the whole of the property, business and affairs of the licensee and carry on the whole of its business and affairs;
(b)
for the Corporation to assume control of such part of the property, business and affairs of the licensee as may be specified by the Corporation and carry on such part of the business and affairs;
(c)
for the Corporation to appoint any person to exercise any of the powers of the Corporation under paragraph (a)
or (b) on behalf of the Corporation; or
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(d)
for the expenses of the Corporation, or the remuneration of the person so appointed under paragraph (c), as the case may be, to be payable out of the assets of the licensee in priority to all other claims whether secured or unsecured.
(4)
If the Minister agrees with the recommendation of the
Corporation under subsection (3), he shall make an order to be published in the Gazette specifying his decision and the action to be taken by the Corporation accordingly.
(5)
An order of the Corporation under subsection (1) or an order of the Minister under subsection (4) may from time to time be amended or replaced by a further order under subsection (1)
or (4), by the Corporation or the Minister, as the case may be.
(6)
No order under subsection (1), (4) or (5) shall be made unless—
(b)
in the case of an order under paragraph (1)(B) or subparagraph (C)(i), the officer or director who is to be removed from office, has been given a reasonable opportunity of making representations against, or otherwise in respect of, the proposed order.
(7)
Notwithstanding subsection (6), if in the opinion of the
Corporation—
(a)
in the case of an order to be made by the Corporation under subsection (1) or (5); or
(b)
in the case of an order to be made by the Minister under subsection (4) or (5), any delay would be detrimental to the interests of the solid waste generator or to the public or to any section of the public, the order may be made first and the opportunity to make representations against or otherwise in relation to the order shall, in such case, be given immediately after the order has been made, and the order may, in consequence of such representations either be confirmed or be amended or replaced under subsection (5), or be revoked under subsection (8).
Solid Waste and Public Cleansing Management 55
(8)
An order made under subsection (1), (4) or (5) may be revoked by the Corporation or the Minister, as the case may be, in the same manner as the order was made.
(9)
A person who contravenes an order of the Corporation under paragraph (1)(A), (B), (C) or (D) commits an offence and shall, on conviction, be liable to a fine not exceeding two hundred thousand ringgit or to imprisonment for a term not exceeding two years or to both.
Part VIII
Part VIII
CONTROL OF SOLID WASTE GENERATORS AND PERSONS IN
POSSESSION OF CONTROLLED SOLID WASTE
Prohibition against unauthorized depositing, treatment, etc., of controlled solid waste
Section 71
(2)
All controlled solid waste shall be deposited, treated, kept, stored or disposed of only at solid waste management facilities licensed under this Act.
(3)
Notwithstanding subsection (2), the Director General may, by notification published in the Gazette, specify any category of controlled solid waste which may be deposited, treated, kept, stored or disposed of otherwise in accordance with this Act or any regulations made under this Act or in areas other than solid waste management facilities.
(4)
In exercising his powers under subsection (3), the Director
General shall have regard to—
(a)
any controlled solid waste which are small enough or of such a temporary nature that it may be excluded from the application of subsection (2);
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(b)
any means of treatment or disposal of any controlled solid waste which is innocuous enough that it may be excluded from the application of subsection (2); and
(c)
cases for which adequate controls are provided for under any other written law.
(5)
No owner or occupier of the licensed solid waste management facilities shall receive, process or treat any controlled solid waste otherwise in accordance with this Act.
(6)
Any person in possession of any controlled solid waste shall without any unreasonable delay inform the Director General of any accidental or unintended disposal of controlled solid waste at any place or area, other than the place or area at which that person is permitted under this Act to dispose of any controlled solid waste.
(7)
Any owner or occupier of any premises shall take all reasonable measures to prevent unauthorized disposal of controlled solid waste on his premises and shall without any unreasonable delay inform the Director General of such unauthorized disposal.
(8)
Any person who contravenes subsection (1) or (5) commits an offence and shall, on conviction, be liable to a fine not less than ten thousand ringgit and not exceeding one hundred thousand ringgit or to imprisonment for a term not less than six months and not exceeding five years or to both.
Prohibition against unauthorized escape of any controlled solid waste
Section 72
(2)
No person shall cause, aid, abet or permit to cause the escape of any controlled solid waste from the possession of other person.
(3)
Any person who contravenes subsection (1) or (2) commits an offence and shall, on conviction, be liable to a fine not less than ten thousand ringgit and not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding five years or to both.
Solid Waste and Public Cleansing Management 57
Waste placed in receptacles or deposit sites for controlled solid waste
Section 73
(2)
No person, unless he is licensed under this Act to collect the solid waste, shall sort over, disturb or otherwise interfere with any receptacle or receptacle chamber for controlled solid waste, which is placed with a view to its being emptied, or which is deposited at any place caused to be provided by the Director
General or the Corporation for the collection and disposal of controlled solid waste—
(3)
Any person who contravenes subsection (2) commits an offence and shall, on conviction, be liable to a fine not exceeding one thousand ringgit.
(4)
The Director General may exempt collection of recyclable solid waste carried out by charity groups or any other organization from the provision of subsection (2).
Power to direct for controlled solid waste to be separated, handled and stored
Section 74
(2)
Any person who fails to comply with the direction under this subsection (1) commits an offence and shall, on conviction, be liable to a fine not exceeding one thousand ringgit.
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Power to direct controlled solid waste to be removed
Section 75
(2)
A direction under subsection (1) may require the person who is directed to deliver the controlled solid waste to pay the cost of treating or disposing of the controlled solid waste.
(3)
If the controlled solid waste is not delivered as directed under subsection (1)—
(a)
the Director General shall cause the controlled solid waste to be collected by any person authorized by the Director
General; and
(b)
the cost incurred in collecting the controlled solid waste by the person authorized under paragraph (a) shall be a debt due to the Government and shall be recoverable accordingly.
(4)
The Director General may, upon application made by any person and with any condition that he thinks fit, permit the storage of any kind of recyclable solid waste or any consignment of controlled solid waste on any premises.
(5)
Any person who fails to comply with the direction under this section commits an offence and shall, on conviction, be liable to a fine not less than ten thousand ringgit and not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding six months or to both.
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Power to direct removal of unlawful depositing or disposing of controlled solid waste
Section 76
(c)
the solid waste generator, direct him to remove the controlled solid waste from the premises within a period of not more than three days from the date of the service of the notice.
(2)
If the controlled solid waste is not removed as directed under subsection (1), the Director General may cause the controlled solid waste to be removed by any other person authorized by the
Director General.
(3)
If the Director General exercises the power conferred on him under subsection (2), the cost incurred in removing the controlled solid waste shall be a debt due to the Government and shall be recoverable accordingly from—
(a)
the owner or occupier of the land or premises unless he proves that he neither made nor caused or permitted the deposit of the controlled solid waste and that he took all reasonable measures to avoid the deposit on the premises;
(b)
the person who deposited or disposed of or caused or permitted the deposit or the disposal of the controlled solid waste; or
(4)
The Director General may give directions to the owner or occupier of any premises to allow access to the premises for the removal of unlawfully deposited solid waste by any person directed by the Director General.
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(5)
Any person who fails to comply with a direction under subsection (4) commits an offence and shall, on conviction, be liable to a fine not less than ten thousand ringgit and not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding six months or to both.
Offences for causing damage to vehicles, receptacles or other solid waste management facilities
Section 77
(2)
Any person who causes any damage under subsection (1)
shall, in addition to the penalty under that subsection, make good or be liable to pay full compensation for the damage he has done within a specified time as the court thinks fit.
(3)
Without prejudice to subsection (1), any court before which a person is charged with an offence under this Act—
(b)
may make an order for the payment of the compensation, and any such order may be enforced as if it were a judgment in civil action.
(4)
Nothing shall operate to relieve the person with whom an agreement has been made under section 4 or a licensee from liability arising under subsection (1) and the person or licensee shall also be liable to any damage shown to have resulted from any deliberate or rash or negligent act or omission on the part of persons employed by him, or his servants or agents.
Solid Waste and Public Cleansing Management 61
Part IX
Part IX
ENFORCEMENT PROVISIONS
Authorized officers
Section 78
(2)
Any such officer shall be deemed to be a public servant within the meaning of the Penal Code [Act 574].
(3)
In exercising any of the powers of enforcement under this
Act, an authorized officer shall on demand produce to the person against whom he is acting the authority issued to him by the
Director General.
(4)
The Director General shall have all the powers, functions and duties of an authorized officer.
Power of enforcement
Section 79
(a)
call for and examine any book, document, instrument or record and make copies of or take extracts from such book, document, instrument or record which is in the custody or control of any person pertaining to any matter under this Act;
(b)
visit, enter, inspect and examine with or without previous notice any solid waste management facilities, land or other premises at any time but shall not unnecessarily obstruct or impede any work therein;
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(c)
investigate in respect of any solid waste management facilities, land or other premises—
(i)
to ensure proper maintenance and sanitation of any solid waste management facilities, land or other premises;
(ii)
any matter or thing concerned with or related to the safety or health of any person living in the vicinity of the solid waste management facilities or which causes or is likely to cause damage to property;
(iii)
the effect of any operation or practice upon the amenity of any area or place; or
(iv)
whether there are concentrations or accumulations of noxious gases or liquid; or
(d)
take samples of any material or substance found at solid waste management facilities, on land or other premises, and of the air or water in, on or in the vicinity of solid waste management facilities, land or other premises.
(2)
If, on inspection by the Director General of any solid waste management facilities, it appears to the Director General that the condition of the solid waste management facilities is such that danger is posed to the safety or health of any person living in the vicinity of the solid waste management facilities, the Director
General—
(a)
may take reasonable steps, whether on the solid waste management facilities affected or on adjacent land, including closing the solid waste management facilities, as appears to the Director General to be reasonable to avoid such danger; and
(b)
shall be entitled to recover costs and expenses incurred in doing so from the licensee of the solid waste management facilities.
Solid Waste and Public Cleansing Management 63
Power of investigation
Section 80
(2)
Every person required by an authorized officer to give information or produce any document or other article relating to the commission of any offence which is in his power to give shall be legally bound to give the information or produce the document or other article.
Search and seizure with warrant
Section 81
(a)
to enter any premises and there search for, seize and detain any property, equipment, machinery, book, record, document, container, receptacle or other article;
(b)
to inspect, make copies of, or take extracts from, any book, record, document or other article so seized and detained;
(c)
to take possession of, and remove from the premises, any property, equipment, machinery, book, record, document, container, receptacle or other article so seized and detain it for such period as may be necessary;
(d)
to search any person who is in, or on, such premises, and for the purpose of the search, detain the person and remove him to such place as may be necessary to facilitate the search, and seize and detain any property or document found on the person; or
(e)
to break open, examine, and search any container, receptacle or other article.
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(2)
An authorized officer acting under subsection (1) may, if it is necessary to do so—
(c)
remove by force any obstruction to the entry, search, seizure, detention or removal that he is empowered to effect; or
(d)
detain any person found on any premises searched under subsection (1) until the search is completed.
(3)
If, by reason of its nature, size or amount, it is not practicable to remove any property, equipment, machinery, book, record, document, container, receptacle or other article seized under this section, the authorized officer making the seizure shall, by any means, seal such property, equipment, machinery, book, record, document, container, receptacle or other article.
(4)
Any person who, without lawful authority, breaks, tampers with or damages the seal referred to in subsection (3) or removes the property, equipment, machinery, book, record, document, container, receptacle or other article under seal or attempts to do so commits an offence and shall, on conviction, be liable to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding six months or to both and in the case of a continuing offence be liable to a fine not exceeding one thousand ringgit for every day or a part of a day during which the offence continues after conviction.
Search and seizure without warrant
Section 82
If an authorized officer is satisfied upon information received that he has reasonable cause to believe that by reason of delay in obtaining a search warrant under section 81 the investigation would be adversely affected or evidence of the commission of an offence is likely to be tampered with, removed, damaged or destroyed, the officer may enter the premises and exercise in, upon and in respect of the premises all the powers referred to in section 81 in as full and ample a manner as if he were authorized to do so by a warrant issued under that section.
Solid Waste and Public Cleansing Management 65
Section 83
Access to computerised data
(2)
For the purposes of this section, the authorized officer shall be provided with the necessary password, encryption code, decryption code, software or hardware and any other means required for his access to enable comprehension of computerized data.
Power to stop, search and seize vehicle
Section 84
(2)
The person in control or in charge of the vehicle shall, if required to do so by the authorized officer—
(b)
open all parts of the vehicle for examination and take all measures necessary to enable or facilitate the carrying out of such examination as the authorized officer considers necessary.
(3)
Any person who contravenes subsection (2) commits an offence and shall, on conviction, be liable to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding six months or to both and in the case of a continuing offence be liable to a fine not exceeding one thousand ringgit for every day or a part of a day during which the offence continues after conviction.
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List of things seized
Section 85
(a)
if premises have been searched under section 81 or 82, the occupier of the premises which have been searched, or to his agent or servant, at those premises; and
(b)
if a vehicle or any thing found in the vehicle is seized under section 84, the person in control or in charge of the vehicle.
(2)
Where the premises are unoccupied, the seizing officer shall whenever possible post a list of the things seized conspicuously on the premises.
Temporary return of seized property, etc.
Section 86
If any property, equipment, machinery, book, record, document, container, receptacle or other article, or any vehicle or any thing found in the vehicle, is seized under this Act, the Director General may, in his discretion, temporarily return such thing to the owner or the person from whose possession, custody or control it was seized—
(b)
subject, in any case, to sufficient security being furnished to the satisfaction of the Director General that such thing shall be surrendered to him on demand or be produced before a court of competent jurisdiction.
Solid Waste and Public Cleansing Management 67
Power to require attendance of person acquainted with case
Section 87
(2)
If any person refuses to attend as so required, the authorized officer may report such refusal to a Magistrate who shall issue a summons to secure the attendance of such person as may be required by the order made under subsection (1).
Examination of person acquainted with case
Section 88
(2)
The person examined under subsection (1) shall be legally bound to answer the questions relating to such case put to him by the authorized officer, but such person may refuse to answer any question the answer to which would have a tendency to expose him to a criminal charge, or penalty or forfeiture.
(3)
A person making a statement under this section shall be legally bound to state the truth, whether or not such statement is made wholly or partly in answer to the question.
(4)
An authorized officer examining a person under subsection (1)
shall first inform that person of the provisions of subsections (2)
and (3).
(5)
A statement made by any person under this section shall, whenever possible, be reduced into writing and signed by the person making it or affixed with his thumb-print, as the case may be—
(b)
after he has been given an opportunity to make any correction he may wish.
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Admissibility of statements
Section 89
(2)
When any witness is called for the prosecution or for the defence, other than the accused, the court shall, on the request of the accused or to the prosecutor, refer to any statement made by that witness to an authorized officer in the course of an investigation under this Act and may then, if the court thinks fit in the interest of justice, direct the accused to be furnished with a copy of it and the statement may be used to impeach the credit of the witness in the manner provided by the Evidence Act 1950
[Act 56].
(3)
Where the accused had made a statement during the course of an investigation, such statement may be admitted in evidence in support of his defence during the course of the trial.
(4)
Nothing in this section shall be deemed to apply to any statement made in the course of an identification parade or falling within section 27 or paragraphs 32(1)(a), (i) and (j) of the Evidence Act 1950.
(5)
When any person is charged with any offence in relation to—
(b)
the contents, of any statement made by him to an authorized officer in the course of an investigation made under this Act, that statement may be used as evidence in the prosecution’s case.
Forfeiture or release of seized property, etc.
Section 90
(2)
If prosecution is instituted with regard to any property, equipment, machinery, book, record, document, container, receptacle or other article, or any vehicle or any thing found in the vehicle, under this Act, the court before which the prosecution with regard thereto has been held may order the forfeiture or release of the property, equipment, machinery, book, record, document, container, receptacle or other article, or the vehicle or any thing found in the vehicle.
(3)
The court shall order the forfeiture of the property, equipment, machinery, book, record, document, container, receptacle or other article, or the vehicle or any thing found in the vehicle referred to in subsection (1) if it is proved to the satisfaction of the court that an offence under this Act has been committed and that the thing was the subject matter of or was used in the commission of the offence, notwithstanding that no person may have been convicted of such offence.
(4)
If no prosecution is to be instituted with regard to any property, equipment, machinery, book, record, document, container, receptacle or other article, or any vehicle or any thing found in the vehicle, seized under this Act, the authorized officer in whose custody it is held shall notify the person from whose possession, custody or control the property, equipment, machinery, book, record, document, container, receptacle or other article, or the vehicle or any thing found in the vehicle, was seized of that fact and of the provisions of subsection (7).
(5)
A notice under subsection (4) shall be in writing and shall be sent to the last known address of the person concerned.
(6)
If no claim is made under subsection (7) within thirty days from the date of service of the notice referred to in subsection (4), the property, equipment, machinery, book, record, document, container, receptacle or other article, or the vehicle or any thing found in the vehicle, seized under this Act shall be taken and deemed to be forfeited at the expiration of that period.
(7)
A person who asserts that he is the owner of the property, equipment, machinery, book, record, document, container, receptacle or other article, or the vehicle or any thing found in the vehicle, referred to in subsection (4) and that it is not liable to forfeiture may personally or by his agent authorized in writing give written notice to the authorized officer in whose possession such thing is held that he claims the thing.
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(8)
On receipt of the notice referred to in subsection (7), the authorized officer shall refer the claim to the Director General who—
(a)
may direct that the property, equipment, machinery, book, record, document, container, receptacle or other article, or the vehicle or any thing found in the vehicle, be released; or
(b)
may direct the authorized officer in writing, to refer the matter to a Magistrate for decision.
(9)
The Magistrate to whom a matter is referred under paragraph (8)(b) shall issue a summons requiring—
(a)
the person asserting that he is the owner of the property, equipment, machinery, book, record, document, container, receptacle or other article, or the vehicle or any thing found in the vehicle; and
(b)
the person from whom the property, equipment, machinery, book, record, document, container, receptacle or other article, or the vehicle or any thing found in the vehicle, was seized, to appear before the Magistrate and upon their appearances or default to appear, but due service of the summons being proved, the Magistrate shall proceed to the examination of the matter and on proof that an offence under this Act has been committed and that such thing was the subject matter of or was used in the commission of such offence shall order the property, equipment, machinery, book, record, document, container, receptacle or other article, or the vehicle or any thing found in the vehicle, to be forfeited and shall, in the absence of such proof, order its release.
(10)
Any property, equipment, machinery, book, record, document, container, receptacle or other article, or vehicle or any thing found in the vehicle, forfeited or deemed to be forfeited shall be delivered to the Director General and shall be disposed of by the Director General in accordance with the directions of the Magistrate.
Solid Waste and Public Cleansing Management 71
(11)
The Director General may direct that any thing seized under this Act be sold at any time and the proceeds of the sale be held pending the result of any prosecution or claim under this section if—
(c)
it is believed to cause obstruction or hazard to the public.
Cost of holding seized property, etc.
Section 91
Solid Waste and Public Cleansing Management 69
If any property, equipment, machinery, book, record, document, container, receptacle or other article, or any vehicle or any thing found in the vehicle, seized under this Act is held in the custody of the Director General pending the 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 found to commit an offence, be a debt due to the Government by such person and shall be recoverable accordingly.
Section 92
No costs or damages arising from seizure to be recoverable
No person shall, in any proceedings before any court in respect of the seizure of any property, equipment, machinery, book, record, document, container, receptacle or other article, or any vehicle, or any thing found in the vehicle, seized in the exercise or the purported exercise of any power conferred by this Act, be entitled to the costs of such proceedings or to any damages or other relief unless such seizure was made without reasonable cause.
Section 93
Obstruction
(a)
refuses any authorized officer access to any premises which the authorized officer is entitled to have under this Act or in the execution of any duty imposed or power conferred by this Act;
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(b)
assaults, obstructs, impedes or interferes with any authorized officer in the execution of his duty or power conferred by this Act;
(c)
refuses to give any authorized officer any information relating to an offence or suspected offence under this
Act or any other information which may reasonably be required of him and which he has in his knowledge or power to give, commits an offence and shall, on conviction, be liable to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding six months or to both and in the case of a continuing offence be liable to a fine not exceeding one thousand ringgit for every day or a part of a day during which the offence continues after conviction.
Compounding of offences
Section 94
(2)
An offer under subsection (1) may be made at any time after the offence has been committed, but before any prosecution for it has been instituted, and if the amount specified in the offer is not paid within the time specified in the offer or within such extended period as the Director General or the Corporation may grant, prosecution for the offence may be instituted at any time after that against the person to whom the offer was made.
(3)
If an offence has been compounded under subsection (1), no prosecution shall after that be instituted in respect of the offence against the person to whom the offer to compound was made.
Solid Waste and Public Cleansing Management 73
Institution of prosecution
Section 95
No prosecution shall be instituted for any offence under this Act except by or with the consent in writing of the Public
Prosecutor.
Section 96
Offences by body corporate
If a body corporate commits an offence under this Act or any regulations made under this Act, any person who, at the time of the commission of the offence, was a director, manager, secretary or other similar officer or was purporting to act in any such capacity, or was in any manner or to any extent responsible for the management of any of the affairs of the body corporate, or was assisting in such management—
(a)
may be charged severally or jointly in the same proceedings with the body corporate; and
(b)
if the body corporate is found to have committed the offence, shall be deemed to have committed that offence unless, having regard to the nature of his functions in that capacity and to all circumstances, he proves—
(i)
that the offence was committed without his knowledge, consent or connivance; and
(ii)
that he took all reasonable precautions and had exercised due diligence to prevent the commission of that offence.
Service of document
Section 97
(a)
by delivering the document to that person or by delivering the document at the last known place of residence of that person to an adult member of his family;
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(b)
by leaving the document at the usual or last known place of residence or business of that person in a cover addressed to that person; or
(c)
by forwarding the document by registered post addressed to that person at his usual or last known place of residence or business.
(2)
A document required to be served on the owner or occupier of any premises—
(a)
shall be deemed to be properly addressed if addressed by the description of the “owner” or “occupier” of such premises without further name or description; and
(i)
by delivering the document to an adult person on the premises; or
(ii)
if there is no such person on the premises to whom the document can with reasonable diligence be delivered, by advertisement at least in one local newspaper.
Inaccuracies in documents
Section 98
(2)
No proceedings taken under or by virtue of this Act or any regulations made under this Act shall be invalid for want of form.
Solid Waste and Public Cleansing Management 75
Liability of transferor
Section 99
(2)
Nothing in this Act shall affect the liability of the purchaser or transferee to pay costs and expenses in respect of the property referred to in subsection (1) or affect the right of the Director
General or licensee, as the case may be, to recover those costs and expenses from, or to enforce any obligation under this Act against, the purchaser or transferee.
Solid waste management facilities installed or constructed without approval before the coming into operation of this Act
Section 100
(a)
any solid waste management facilities had been installed or constructed without approval under any written law before the coming into operation of this Act; and
(i)
is such that the danger is posed to the safety or health of any person living in the vicinity of the solid waste management facilities; or
(ii)
is likely to be used in contravention of this Act, the Director General may make a written complaint to a Magistrate.
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(2)
Upon receipt of the written complaint under subsection (1), the Magistrate shall issue a summons requiring the owner or occupier of the solid waste management facilities to appear before the Magistrate and upon his appearance or default to appear, but due service of the summons being proved, the Magistrate shall proceed to hear the complaint and may—
(b)
make an order for the demolition of the solid waste management facilities within a time specified in the order.
(3)
Any person who fails to comply with the order made under paragraph (2)(b) commits an offence and shall, on conviction, be liable to a fine not less than ten thousand ringgit and not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding six months or to both.
(4)
Upon expiry of the time specified in the order under paragraph (2)(b), the Director General may execute the order and cost such work shall be a debt due to the Government and shall be recoverable accordingly.
Part X
Part X
REDUCTION AND RECOVERY OF CONTROLLED
SOLID WASTE
Reduction, reuse and recycling of controlled solid waste
Section 101
(a)
any solid waste generator to reduce the generation of controlled solid waste in any manner or method;
(c)
any person to use specified amount of recycled materials for specified products;
(d)
any person to limit the generation, import, use, discharge or disposal of specified products or materials;
Solid Waste and Public Cleansing Management 77
(e)
the implementation of coding and labelling systems for any product or material to promote recycling;
(f)
the use of any method or manner for the purpose of reducing the adverse impact of the controlled solid waste on the environment; and
(g)
the use of any method or manner for the purpose of reduction, reuse and recycling of the controlled solid waste.
(2)
Any person who fails to comply with the order made under subsection (1) commits an offence and shall, on conviction, be liable to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding six months or to both.
Take back system and deposit refund system
Section 102
(a)
require that specified products or goods after use shall be taken back by the manufacturer, assembler, importer or dealer and that the manufacturer, assembler, importer or dealer shall be obliged on their own account and cost to recycle or dispose any products or goods taken back in a specified manner;
(b)
require that any person shall deliver specified products or goods to the manufacturer, assembler, importer or dealer; and
(c)
require any dealer of specified products or goods to receive and store specified products or goods to be taken back.
(2)
The Minister may, by order published in the Gazette, establish deposit refund system and determine—
(3)
Any person who contravenes any order made under subsections (1) and (2) commits an offence and shall, on conviction, be liable to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding six months or to both.
Part XI
Part XI
GENERAL
Solid Waste and Public Cleansing Management Fund
Section 103
(2)
The Solid Waste and Public Cleansing Management Fund shall consist of—
(a)
any sums contributed by the State Government and local authority under any arrangements made pursuant to the
Federal Constitution;
(c)
all moneys appropriated from the Federal Government for the management of controlled solid waste and public cleansing.
(3)
The Solid Waste and Public Cleansing Management Fund shall be expended for the following purposes:
(a)
paying for the cost incurred as a result of the agreement made under section 4; and
(b)
paying for the charges, fees or levy in relation to the direction given by the Director General under subsection 23(5) to carry out solid waste management services and public cleansing management services.
Solid Waste and Public Cleansing Management 79
(4)
The Corporation shall cause proper accounts of the Solid
Waste and Public Cleansing Management Fund and proper reports of its activities in respect of the Fund to be kept and shall, as soon as practicable after the end of the financial year, cause to be prepared for that financial year—
(a)
a statement of accounts which shall include a balance sheet and an account of the contributions and expenditure; and
(5)
The Corporation shall as soon as possible send a copy of statement of accounts certified by the auditors and a copy of auditors’ report to the Minister and the Minister shall cause them to be laid before both Houses of Parliament.
Power to exempt
Section 104
(2)
The Minister may at any time by order published in the
Gazette revoke any order made under subsection (1) if he is satisfied that such exemption should no longer be granted.
Protection of Director General and other officers
Section 105
No action or prosecution shall be brought, instituted or maintained in any court against—
(a)
the Director General, Deputy Director General, Directors,
Deputy Directors, Assistant Directors or any other officers duly appointed or authorized under this Act for or on account of or in respect of any act ordered or done for the purpose of carrying into effect this Act and any regulations made under this Act; and
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(b)
any other person for any act done or purported to be done by him under the order, direction or instruction of the Director General, Deputy Director General,
Directors, Deputy Directors, Assistant Directors or any other officers duly appointed under this Act if the act was done in good faith and in a reasonable belief that it was necessary for the purpose intended to be served thereby.
Jurisdiction to try offences
Section 106
Notwithstanding any written law to the contrary, a Sessions
Court shall have jurisdiction to try any offence under this Act or any regulations made under this Act, and to impose the full punishment for any such offence.
Section 107
General penalty
Any person who commits an offence under this Act for which no penalty is expressly provided shall, on conviction, be liable to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding one year or to both.
Section 108
Regulations
(2)
Without prejudice to the generality of subsection (1), regulations may be made for all or any of the following purposes:
(a)
prescribing the standards and specifications for the design, construction, operation and maintenance of any prescribed solid waste management facilities;
(b)
prescribing the methods or manner of collection, transportation, treatment or disposal of controlled solid waste including the types of controlled solid waste which may require pre-treatment before its disposal;
Solid Waste and Public Cleansing Management 81
(c)
prescribing the scheme for carrying out solid waste management services including the duties and obligations of licensee and solid waste generators, the geographical area, the types of controlled solid waste and the services to be provided;
(d)
prescribing the design, type and number of receptacles to be provided and the materials or articles which may or may not be placed in the receptacles;
(e)
prescribing the specifications and requirements for vehicles used in transportation of controlled solid waste;
(f)
prescribing the methods or manner and level of recycling by any prescribed solid waste management facilities;
(g)
prescribing any controlled solid waste to be recyclable solid waste and the duty of any person to separate recyclable solid waste;
(h)
prescribing the duty of any person to separate special solid waste and the requirements for storage at any premises;
(i)
prescribing the methods or manner for carrying out the public cleansing management services;
(j)
prescribing the form and contents of licences to be granted under this Act, the conditions to be imposed and the fees to be paid for the licences;
(k)
prescribing the manner and form to be used and information to be furnished for any of the purposes of this Act;
(l)
prescribing the form of notifications, notices, orders or directions to be made under this Act and the manner of service thereof;
(m)
prescribing the offences which may be compounded and the forms to be used in and the method and procedure for compounding offences;
(n)
prescribing the charges, fees, levy or the rate for late payment charges which may be prescribed under this
Act;
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(p)
prescribing the submission of data by the owner or occupier of any premises generating any controlled solid waste and any licensee providing solid waste management services;
(q)
prescribing the procedures in taking and dealing with samples of any controlled solid waste;
(r)
prescribing the manner and form in respect of plans and specifications for any prescribed solid waste management facilities to be submitted under this Act;
(s)
prescribing specific qualifications for any person involved with any solid waste management services;
(t)
prescribing all other matters as are necessary or expedient to be prescribed for giving effect to this Act or for the purposes of removing any difficulties occasioned by the coming into operation of this Act or any of its provisions.
(2)
Regulations made under subsection (1) may prescribe any act or omission in contravention of any of the regulations to be an offence and may prescribe penalty of a fine not exceeding ten thousand ringgit or imprisonment for a term not exceeding six months or to both for such offence.
Part XII
Part XII
SAVINGS AND TRANSITIONAL
Section 109
Subject to the provisions of this Part, any registration, instruction, act, order, direction, approval or decision done, made or given before the appointed date, under any written law relating to the management of the solid waste and public cleansing which is consistent with this Act shall be deemed to have been done, made or given under this Act and shall continue in full force and effect relating to whom they apply until amended or revoked under this Act or under any regulations made under this Act or until the date of the expiry of the registration, instruction, act, order, direction, approval or decision.
Solid Waste and Public Cleansing Management 83
Section 110
Existing solid waste and public cleansing management services
(c)
undertake or provide any public cleansing management services, shall continue to be authorized under this Act to undertake, provide, manage or operate the aforesaid services or facilities for a period of one year from the appointed date or such other period as may be extended by the Director General if such Federal or State agencies or departments, local authorities or authorized person register with the Director General within six months or such other period as may be extended by the Director General after the appointed date.
(2)
The authorization granted to the Federal or State agencies or departments, local authorities or any person under subsection (1)
shall lapse if they fail to register with the Director General within six months or any extended period mentioned in subsection (1) after the appointed date.
(3)
The Federal or State agencies or departments, local authorities or any person may at any time prior to the expiry of the authorization period apply for a licence under this Act to continue to—
(c)
undertake or provide any public cleansing management services, after the expiration of the authorization period.
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Existing agreements and supplementary agreements
Section 111
(2)
The authorization granted to the person authorized under subsection (1) shall lapse if they fail to register with the Director
General within six months or any extended period mentioned in subsection (1) after the appointed date.
(3)
The person authorized under subsection (1) shall as soon as possible after lodging his agreement and supplementary agreements, but in any event not later than six months after the lodgement date, commence renegotiation of his agreement and supplementary agreement with the Federal Government and the other counter parties to the agreement and supplementary agreement so as to address any national interest issues arising from the appointed date.
(4)
The determination of what amounts to national interest issues arising from the appointed date shall be made by the Minister and such determination shall be final and binding upon all persons and shall not be challenged, appealed against, reviewed, quashed or questioned in any court.
(5)
If amendments are made upon the finalization of the renegotiated agreement or supplementary agreement, the Director
General shall register the amended agreements.
(6)
Notwithstanding the provisions of this Act or any other written law, the failure of the person authorized under this section to commence renegotiation of his agreement and supplementary agreement as required under subsection (3) shall be a ground for the authorization referred to in subsection (1) to be revoked or for a licence under this Act not to be granted to such person.
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(7)
If an authorization has been revoked under subsection (6)
or if a grant of licence is refused on the ground specified in subsection (6), the Federal Government, Minister or Director
General shall not be liable—
(b)
for any loss or damage suffered or incurred by, the person affected by the revocation of the authorization or the refusal of the grant of the licence.
Existing solid waste management facilities
Section 112
(2)
The Director General may, at any time if he is satisfied that the approved solid waste management facility does not conform to current requirements regarding environmental impact, quality and level of solid waste management services or public health, serve upon the owner or occupier of such facility a notice in writing of his intention to require him to apply for a fresh approval under section 11.
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Act 672
LIST OF AMENDMENTS
Amending law
Short title
In force from
P.U. (B) 358/2007
Solid Waste and Public Cleansing
Management Act 2007 Corrigendum 30-08-2007
Solid Waste and Public Cleansing Management 87
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LIST OF SECTIONS AMENDED
Section
Amending authority
In force from
Date of Royal Assent
P.U. (B) 358/2007 30-08-2007
Common questions
- What is SOLID WASTE AND PUBLIC CLEANSING MANAGEMENT ACT 2007?
- SOLID WASTE AND PUBLIC CLEANSING MANAGEMENT ACT 2007 is Malaysia Act, cited as Act 672 2007, currently marked in force and first recorded in 2007.
- Is SOLID WASTE AND PUBLIC CLEANSING MANAGEMENT ACT 2007 still in force?
- Yes — SOLID WASTE AND PUBLIC CLEANSING MANAGEMENT ACT 2007 is currently in force.
- When did SOLID WASTE AND PUBLIC CLEANSING MANAGEMENT ACT 2007 take effect?
- SOLID WASTE AND PUBLIC CLEANSING MANAGEMENT ACT 2007 was first recorded in 2007.
- How many sections does SOLID WASTE AND PUBLIC CLEANSING MANAGEMENT ACT 2007 have?
- SOLID WASTE AND PUBLIC CLEANSING MANAGEMENT ACT 2007 contains 112 sections.
- What amends SOLID WASTE AND PUBLIC CLEANSING MANAGEMENT ACT 2007?
- SOLID WASTE AND PUBLIC CLEANSING MANAGEMENT ACT 2007 has been amended by AKTA PENGURUSAN SISA PEPEJAL DAN PEMBERSIHAN AWAM (PINDAAN) 2025.
- Where can I read the official version of SOLID WASTE AND PUBLIC CLEANSING MANAGEMENT ACT 2007?
- The official text of SOLID WASTE AND PUBLIC CLEANSING MANAGEMENT ACT 2007 is published at lom.agc.gov.my.