Section 111
Existing agreements and supplementary agreements
of Solid Waste and Public Cleansing Management Act 2007
(1)
A person shall only be authorized to carry out the services and activities stipulated in any agreement and supplementary agreement in respect of solid waste management services and public cleansing management services made with any Federal or
State agencies or departments or local authorities for a period of one year from the appointed date or such other periods as may be extended by the Director General if the person lodges a certified copy of the agreement and supplementary agreement with the
Director General within six months from the appointed date or such other period as may be extended by the Director General.
(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If an authorization has been revoked under subsection (6)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—
(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.