Malaysia legislation
Section 37
of Solid Waste And Public Cleansing Management Enactment 2022
Section 37
(1)
If any controlled solid waste is deposited or disposed of in contravention of this
Enactment, the Authority may, by notice in writing served on -
(a)
the owner or occupier of the premises;
(b)
the person who deposited or disposed of the controlled solid waste; or
(c)
the solid waste generator, direct him to remove the controlled solid waste from the premises within a period of not more than three days from the date of the service of the notice.
(2)
If the controlled solid waste is not removed as directed under subsection (1), the
Authority may cause the controlled solid waste to be removed by any other person authorized by the Authority.
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(3)
If the Authority exercises the power conferred on him under subsection (2), the cost incurred in removing the controlled solid waste shall be a debt due to the Authority and shall be recoverable accordingly from -
(a)
the owner or occupier of the land or premises unless he proves that he neither made nor caused or permitted the deposit of the controlled solid waste and that he took all reasonable measures to avoid the deposit on the premises;
(b)
the person who deposited or disposed of or caused or permitted the deposit or the disposal of the controlled solid waste; or
(c)
the solid waste generator.
(4)
The Authority may give directions to the owner or occupier of any premises to allow access to the premises for the removal of unlawfully deposited controlled solid waste by any person directed by the Authority.
(5)
Any person who fails to comply with a direction under subsection (4) 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.
Offences for causing damage to vehicles, receptacles or other solid waste management facilities 38.
(1)
Any person who by a deliberate or rash or negligent act or omission cause damage to vehicles, receptacles or solid waste management facilities 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.
(2)
Any person who causes any damage under subsection (1) shall, in addition to the penalty under that subsection, make good or be liable to pay full compensation for the damage he has done within a specified time as the court thinks fit.
(3)
Without prejudice to subsection (1), any court before which a person is charged with an offence under this Enactment -
(a)
may assess the compensation payable under this section; and
(b)
may make an order for the payment of the compensation, and any such order may be enforced as if it were a judgment in civil action.
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(4)
Nothing shall operate to relieve the person with whom an agreement has been made under section 3 or a licensee from liability arising under subsection (1) and the person or licensee shall also be liable to any damage shown to have resulted from any deliberate or rash or negligent act or omission on the part of persons employed by him, or his servants or agents.