Section 2
In this Act, unless the context otherwise requires—
of Solid Waste and Public Cleansing Management Act 2007
“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”—
(a)
in relation to any premises, means—
(i)
the registered proprietor of the premises; or
(ii)
the lessee, including a sub-lessee, of the premises whether registered or otherwise;
Act 672
(b)
in relation to any subdivided building means—
(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;
Solid Waste and Public Cleansing Management 13
(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”—
(a)
means a person in occupation or control of any premises;
and
(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;
(b)
the cleansing of—
(i)
hawker centres excluding privately owned and maintained food courts; and
(ii)
markets excluding privately owned and maintained markets;
Act 672
(c)
the clearing of illegally dumped controlled solid waste on public roads and in public places;
(d)
beach cleansing;
(e)
kerbside grass cutting on public roads;
(f)
grass cutting in public places; and
(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;
Act 672
(b)
any premises occupied by any Federal or State Government department, any local authority or any statutory body;
(c)
any educational premises;
(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—
(a)
is or may be dangerous to public health; or
(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:
(a)
commercial solid waste;
(b)
construction solid waste;
(c)
household solid waste;
(d)
industrial solid waste;
Solid Waste and Public Cleansing Management 17
(e)
institutional solid waste;
(f)
imported solid waste;
(g)
public solid waste; or
(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.