Section 46
Limitation of jurisdiction
of Solid Waste and Public Cleansing Management Act 2007
Except as expressly provided under this Act, the Tribunal shall have no jurisdiction in respect of any claim—
(a)
for the recovery of land, or any estate or interest in land;
and
(b)
in which there is a dispute concerning—
(i)
the entitlement of any person under a will or settlement, or on intestacy (including partial intestacy);
(ii)
goodwill;
(iii)
any chose in action; or
(iv)
any trade secret or other intellectual property rights.
(2)
The jurisdiction of the Tribunal shall be limited to a claim that is based on a cause of action arising from—
(a)
any claim for the recovery of charges, fees or levy of solid waste management services by the licensee or the
Corporation; or
(b)
any disputes arising from any charges, fees or levy imposed for solid waste management services between the licensee or the Corporation and the owner, occupier, local authority or solid waste generator, which is brought by the interested person within three years of the claim or dispute.
(3)
Nothing in this section shall be deemed to authorize the
Tribunal to deal with a claim arising from personal injury or death.
(4)
For the purposes of subsection (1), “land” does not include fixtures.
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