Malaysia legislation

Section 12

of SOLID WASTE AND PUBLIC CLEANSING MANAGEMENT ACT 2007

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If the owner or occupier fails to comply with subsection (2), the application shall be deemed to be withdrawn without affecting the owner or occupier’s right to submit a fresh application.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—

(a)

allow the application with or without conditions; or

(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