Section 2

commercial solid waste;

construction solid waste;

household solid waste;

industrial solid waste;

institutional solid waste;

imported solid waste;

public solid waste; or

solid waste which may be prescribed from time to time;

“Council" means the State Solid Waste and Public Cleansing Management Council established under section 7;

"disposal" means the disposal of any solid waste by any means including destruction, incineration, deposit or decomposing;

"Government" means the Government of the State of Sabah;

"household solid waste" means any solid waste generated by a household, and of a kind that is ordinarily generated or produced by any premises when occupied as a dwelling house, and includes garden waste;

"imported solid waste" means any solid waste generated in other countries and imported to

Sabah for processing or disposal;

"industrial solid waste" means any solid waste generated from any industrial activity;

"institutional solid waste" means any solid waste generated by -

any premises approved under any written law or by the Government for use wholly or mainly for religious worship or for charitable purposes;

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any premises occupied by any Federal or State Government department, any local authority or any statutory body;

any educational premises;

any healthcare facilities including hospitals, clinics and health centres; or

any premises used as public zoos, public museums, public libraries and orphanages;

"licensee" means a person who holds a valid licence under this Enactment;

"local authority" -

means an Authority established under the Local Government Ordinance [No.11 of 1961] and, where no such Authority has been so established in respect of any area, the District Officer of the district in which such area is situated; and

in relation to the City of Kota Kinabalu, means the Mayor of the City of Kota

Kinabalu appointed under section 4 of the City of Kota Kinabalu Enactment 1996

[No.15 of 1996];

"market" has the meaning assigned to it in section 2 of the Local Government Ordinance 1961 [No.11 of 1961];

"Minister" means the Minister charged with the responsibility for solid waste and public cleansing management;

"occupier" -

means a person in occupation or control of any premises; and

in relation to premises where different parts of the premises are occupied by different persons, means the respective person in occupation or control of each part of the premises;

"owner"-

in relation to any premises, means -

the registered proprietor of the premises; or

in relation to any subdivided building means -

the registered proprietor of a parcel held under a land subsidiary title;

means the agent or trustee of any of the persons described in paragraph (a) and subparagraph (b)(i) or, if that person cannot be traced or has died, his legal personal representative;

if the premises are part of a development for which subsidiary titles are required to be applied for under any written law in operation but subsidiary titles have yet to be issued, means -

the person with whom the developer has entered into any agreement for the purchase of the lot or parcel comprising the premises; or

in relation to any premises where building works are carried out, includes the developer;

in relation to the common property of any building erected on land comprised in a subsidiary title subdivision plan approved by the relevant authority, includes -

the management corporation or any person having control of the building;

in relation to any vehicle, means the registered owner of the vehicle:

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"premises" include houses, buildings, lands, easements of any tenure, whether open or enclosed, whether built on or not, whether public or private, and whether maintained or not under statutory authority;

"public cleansing management services" means the following services:

the cleansing of public roads, public places, public toilets and public drains;

the cleansing of -

hawker centres excluding privately owned and maintained food courts; and

the clearing of illegally dumped controlled solid waste on public roads and in public places;

beach cleansing;

kerb side grass cutting on public roads;

grass cutting in public places; and

removal of carcasses, but exclude landscaping and the maintenance of public roads and public places;

"public places" means any open space, parking place, garden, recreation and pleasure ground or square, whether enclosed or not, set apart or appropriated for the use of the public or to which the public shall at any time have access;

"public roads" means any public road which is currently repaired or maintained by the local authority or which has been transferred to or has become vested in the local authority under any written law and includes any street, square, court, alley, lane, bridge, foot way, track, bridle path, passage, tunnel, lay-by, interchange, round-about, traffic island, road divider, traffic lane, acceleration lane, deceleration lane, side-table, median strip, overpass, underpass, approach, entrance or exit ramp whether a thoroughfare or not, over which the public have a right of way, but shall not include any Federal road, State road, highway, bridge, tunnel or anything connected to that road which is maintained and kept by any Federal or

State authority or any private person or private bodies;

"public solid waste" means any solid waste generated by public places, which are under the supervision or control of the local authority;

"recycling" means to collect and separate solid waste for the purpose of producing products;

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“recycling centre" means a place where the public can either drop or sell recyclable solid waste;

"recyclable solid waste" means controlled solid waste which is suitable for recycling as may be prescribed;

"solid waste generator" means any person who generates any controlled solid waste;

“solid waste management facilities" means any land, fixed or mobile plant and systems incorporating structures, equipment used or intended to be used for the handling, storage, separation, transport, transfer, processing, recycling, treatment and disposal of controlled solid waste and includes transfer stations, disposal sites, sanitary landfill, incinerators and other thermal treatment plants, recycling plants and composting plants;

"solid waste management services"

means the separation, storage, collection, transportation, transfer, processing, recycling, treatment and disposal of controlled solid waste;

"solid waste" includes -

any scrap material or other unwanted surplus substance or rejected products arising from the application of any process;

any substance required to be disposed of as being broken, worn out, contaminated or otherwise spoiled; or

any other material that according to this Enactment or any other written law is required by the Authority to be disposed of, but does not include scheduled wastes as prescribed under the Environmental Quality Act 1974 [Act 127], sewage as defined in the Sewerage Services Enactment 2017 [No.5 of 2017]

or radioactive waste as defined in the Atomic Energy Licensing Act 1984 [Act 304];

"special solid waste" means any kind of controlled solid waste as may be prescribed which

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is or may be dangerous to public health; or

is difficult to treat, keep or dispose of, that special provisions are required to deal with it.

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Agreement regarding solid waste management services and public cleansing management services 3.

The Authority shall, upon the coming into operation of this Enactment, have power to enter into any agreement with any person authorizing such person to undertake, manage, operate and carry out any solid waste management services or public cleansing management services under this Enactment.