Section 28
of Solid Waste And Public Cleansing Management Enactment 2022
Section 28
(1)
The Minister may from time to time prescribe, either separately or as a consolidated rate, controlled solid waste charges, fees or levy which shall be paid by -
(a)
the owner;
(b)
the occupier; or
(c)
any other person, to whom solid waste management services are provided under this Enactment.
(2)
The Minister may, by order published in the Gazette, authorize the person with whom an agreement has been entered into under section 3 to demand, collect and retain the controlled solid waste charges, fees or levy prescribed under subsection (1) in respect of solid waste management services provided by the person under the agreement.
(3)
The person with whom an agreement has been entered into under section 3, may recover from the owner, occupier or any other person, from whom charges, fees or levy for solid waste management services is due and remains unpaid after the due date, additional charges for late payment at a rate to be prescribed by the Minister.
(4)
An order made under subsection (2) shall specify -
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(a)
the type and extent of services with respect to which controlled solid waste charges, fees or levy may be demanded, collected and retained;
(b)
the person authorized to demand, collect and retain the controlled solid waste charges, fees or levy; and
(c)
the duration of the authorization to demand, collect and retain the controlled solid waste charges, fees or levy.
(5)
Any person authorized under subsection (2) shall -
(a)
Maintain such accounts, books and records in respect of the payment and collection of controlled solid waste charges, fees or levy and late payment charges as the Authority may require;
(b)
Furnish to the Authority such information, returns and accounts in respect of the payment and collection of the controlled solid waste charges, fees or levy and late payment charges as the Authority may require; and
(c)
Permit the Authority or any officer authorized in writing by the Authority -
(i)
to have access to, examine, inspect or make copies of any document; and
(ii)
to have access to, examine or inspect any machinery or equipment, maintained or used for the payment or collection of controlled solid waste charges, fees, levy or late payment charges.
(6)
The authorization of any person under subsection (2) shall not render the Authority liable to any person in respect of any injury, damage or loss occasioned by the failure of the person authorized under that subsection to carry out his obligations under the agreement in respect of which controlled solid waste charges, fees or levy are demanded, controlled or retained.
(7)
All money due and payable under this section shall be debt due to the person authorized under subsection (2) and shall be recoverable accordingly from the owner, occupier or any other person referred to in subsection (1).
(8)
Any person who fails to comply with subsection (5) commits an offence and shall, on conviction, be liable to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding six months or to both.