Malaysia legislation
Section 26
Section 26
(2)
Notwithstanding subsection (1), the Director General may, subject to the payment of a penalty not exceeding three thousand ringgit, impose on the licensee, allow an application for renewal of the licence made after the time specified in subsection (1), but no application for renewal shall be allowed where the application is made after the date of expiry of the licence.
(3)
The Director General shall, on the recommendation of the Corporation, upon payment of the prescribed fee, renew an existing licence except in 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 of the conditions of the licence;
(c)
the licensee had improperly or illegally obtained the licence;
(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.
(4)
The Director General may request the licensee to provide any information or document as may be required for the renewal application within a period specified in the request.
Solid Waste and Public Cleansing Management 33
(5)
Notwithstanding subsection (3), if the information or document requested under subsection (4) is not provided by the licensee within the period specified in the request or any extension of time granted, the Director General may not renew the licence.
(6)
If the Director General refuses to renew the licence, he shall inform the licensee by written notice as soon as practicable of refusal to renew the licence.
(7)
The licensee shall be given an opportunity to make written submissions to the Director General within a period specified in the written notice referred in subsection (6) which shall not be less than fourteen days.
(8)
After the expiry of the period specified in the written notice under subsection (7), the Director General shall, after considering any written submissions made by the licensee and having due regard to any recommendation of the Corporation, decide whether or not to renew the licence.
(9)
If the Director General decides not to renew the licence, he shall notify the licensee as soon as practicable of the said decision and the reason for his decision.
Effect of revocation, surrender or non-renewal of licence