Section 100
of Solid Waste and Public Cleansing Management Act 2007
Section 100
If the Director General is satisfied on reasonable ground that—
(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
(b)
the continued existence of the solid waste management facilities—
(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.
Act 672
(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—
(a)
dismiss the complaint; or
(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.