Malaysia legislation

Section 111

of SOLID WASTE AND PUBLIC CLEANSING MANAGEMENT ACT 2007

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.

Solid Waste and Public Cleansing Management 85

(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If an authorization has been revoked under subsection (6)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—

(a)

to pay any compensation to; and

(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