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Section 75

Power to direct controlled solid waste to be removed

of Solid Waste and Public Cleansing Management Act 2007

ActIn forceProvision 75 of 112
Section 75
(1)

If any person has in his possession any accumulation of controlled solid waste or any consignment of controlled solid waste on any land or premises which is in contravention of this Act, which cause a nuisance or is prejudicial to health or offensive to the neighbourhood, the Director General may, by notice in writing serve on that person, direct him to deliver the controlled solid waste within time specified in the direction to any solid waste management facilities or any areas as the Director General may determine for treatment or disposal.

(2)

A direction under subsection (1) may require the person who is directed to deliver the controlled solid waste to pay the cost of treating or disposing of the controlled solid waste.

(3)

If the controlled solid waste is not delivered as directed under subsection (1)—

(a)

the Director General shall cause the controlled solid waste to be collected by any person authorized by the Director

General; and

(b)

the cost incurred in collecting the controlled solid waste by the person authorized under paragraph (a) shall be a debt due to the Government and shall be recoverable accordingly.

(4)

The Director General may, upon application made by any person and with any condition that he thinks fit, permit the storage of any kind of recyclable solid waste or any consignment of controlled solid waste on any premises.

(5)

Any person who fails to comply with the direction under this section commits an offence and shall, on conviction, be liable to a fine not less than ten thousand ringgit and not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding six months or to both.

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