Section 8
of Solid Waste and Public Cleansing Management Act 2007
Section 8
No person shall construct any prescribed solid waste management facilities unless the relevant plans or specifications which require the approval of the Director General have first been approved in writing by the Director General.
(2)
No person shall undertake any alteration of any prescribed solid waste management facilities which may—
(a)
affect the performance of the solid waste management facilities;
(b)
cause adverse environmental impact;
(c)
impede the quality and level of solid waste management services;
(d)
adversely affect public health; or
(e)
affect the overall planning of solid waste management services, unless the relevant plans or specifications which require the approval of the Director General have first been approved in writing by the Director General.
(3)
An application for the approval of the Director General under subsections (1) and (2) shall be submitted to the Corporation.
Solid Waste and Public Cleansing Management 21
(4)
In addition to any other requirements under any other written law, the Corporation may require any person seeking the approval of the Director General under subsection (1) or (2) to submit to the Corporation such information and document in a form and manner and within the time as may be prescribed.
(5)
If a person fails to comply with subsection (4), the person’s application for approval shall be deemed to be withdrawn without affecting the person’s right to submit a fresh application.
(6)
The Corporation may give written directions to the person seeking the approval of the Director General under subsections (1)
and (2) with regard to the compliance with this Act or any regulations made under this Act.
(7)
The person to whom any written directions are given under subsection (6) shall comply with such directions and where necessary, amend the plans and specifications accordingly and resubmit the amended plans and specifications to the Corporation in a manner and within the time as the Corporation may specify.
(8)
If the person referred to in subsection (7) fails to comply with the written directions of the Corporation, the person’s application shall be deemed to be withdrawn without affecting the person’s right to submit a fresh application.
(9)
A person who—
(a)
constructs or alters any prescribed solid waste management facilities without the plans and specifications which are required to be approved by the Director General being first approved in writing by the Director General; or
(b)
constructs or alters any prescribed solid waste management facilities not in accordance with approved plans and specifications, commits an offence and shall, on conviction, be liable to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding five years or to both.
Act 672
(10)
If an offence is proved under subsection (9), the court shall make an order requiring the person to alter the prescribed solid waste management facilities so as to comply with the approved plans and specifications within a period specified in the order and if he fails to comply with the order, he commits an offence and shall, on conviction, be liable to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding five years or to both and in the case of a continuing offence, be liable to a fine not exceeding five thousand ringgit for every day or a part of a day during which the offence continues after conviction.