Section 23
Suspension and revocation of licence
of Solid Waste and Public Cleansing Management Act 2007
The Director General may, upon the recommendation of the Corporation, suspend or revoke a licence under any of the following circumstances:
(a)
the licensee has failed to comply with any provisions of this Act or any regulations made under this Act;
(b)
the licensee has failed to comply with any conditions of the licence;
(c)
the licensee had improperly or illegally obtained the licence;
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(d)
the licensee has been convicted of an offence under this
Act or any regulations made under this Act;
(e)
a receiver, receiver and manager, provisional liquidator or like official has been appointed over the whole or substantial part of the licensee’s assets and such appointment is not revoked or annulled within a period of sixty days from the date of such appointment; or
(f)
there has been any act or default on the part of the licensee or there has been a change of circumstances such that the licensee would no longer be entitled to be granted a licence under this Act.
(2)
Before the Director General makes a decision under subsection (1), he shall give the licensee—
(a)
a written notice of his intention to suspend or revoke the licence; and
(b)
an opportunity to make written submissions within a period specified in the written notice which shall not be less than thirty days.
(3)
After the expiry of the period specified in the notice, the
Director General shall, after considering the written submissions made by the licensee under subsection (2), if any, and having due regard to any recommendation of the Corporation, decide whether to suspend the licence for a period not exceeding one month or to revoke the licence.
(4)
The Director General shall give the licensee a written notice of his decision under subsection (3) as soon as practicable.
(5)
If a licence is suspended under subsection (3), the Director
General may require the licensee to remedy the breach or the contravention and if he considers necessary to do so, cause the services provided by the licensee to be carried out by any other person authorized by the Director General on such terms and conditions as the Director General may specify.
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(6)
If the Director General is satisfied that the licensee fails to remedy the breach or contravention as required under subsection (5), or the breach or contravention continues after the licence is suspended under subsection (3), he shall revoke the licence.
(7)
A licensee whose licence is—
(a)
suspended or revoked shall not be entitled to any compensation for any loss caused to him by the suspension or revocation of a licence granted under this Act; and
(b)
revoked shall not be entitled to any refund of the licence fee paid under section 19.