Malaysia legislation
Section 52
of Solid Waste And Public Cleansing Management Enactment 2022
Section 52
If any property, equipment, machinery, book, record, document, container, receptacle or other article, or any vehicle or any things found in the vehicle, seized under this Enactment is held in the custody of the Authority pending the completion of any proceedings in respect of an offence under this Enactment, the cost of holding it in custody shall, in the event of any person being found to commit an offence, be a debt due to the Authority by such person and shall be recoverable accordingly.
No costs or damages arising from seizure to be recoverable 53.
No person shall, in any proceedings before any court in respect of any property, equipments, machinery, book, record, document, container, receptacle or other article, or any vehicle or any things found in the vehicle, seized in the exercise or the purported exercise of any power conferred by this Enactment, be entitled to the costs of such proceedings or to any damages or other relief unless such seizure was made without reasonable cause.
Obstruction 54.
Any person who -
(a)
refuses any authorized officer access to any premises which the authorized officer is entitled to have under this Enactment or any regulations made under this
Enactment or in the execution of any duty imposed or power conferred by this
Enactment;
(b)
assaults, obstructs, hinders or interferes with any authorized officer in the execution of his duty imposed or power conferred by this Enactment or any regulations made under this Enactment;
(c)
refuses to give any authorized officer any information relating to an offence or suspected offence under this Enactment or any regulations made under this
Enactment or any other information which may reasonably be required of him and which he has in his knowledge or power to give, 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 and in the case of a
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continuing offence be liable to a fine not exceeding one thousand ringgit for every day or a part of a day during which the offence continues after conviction.
Solid waste management facilities installed or constructed without approval before the coming into operation of this Enactment 55.
(1)
If the Authority is satisfied on reasonable ground that -
(a)
any solid waste management facilities had been installed or constructed without approval under any written law before the coming into operation of this Enactment;
and
(b)
the continued existence of the solid waste management facilities -
(i)
is such that the danger is posed to the safety or health of any person living in the vicinity of the solid waste management facilities; or
(ii)
is likely to be used in contravention of this Enactment, the Authority may make a written complaint to a Magistrate.
(2)
Upon receipt of the written complaint under subsection (1), the Magistrate shall issue a summons requiring the owner or occupier of the solid waste management facilities to appear before the Magistrate and upon his appearance or default to appear, but due service of the summons being proved, the Magistrate shall proceed to hear the complaint and may -
(a)
dismiss the complaint; or
(b)
make an order for the demolition of the solid waste management facilities within a time specified in the order.
(3)
Any person who fails to comply with the order made under paragraph (2)(b) 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.
(4)
Upon expiry of the time specified in the order under paragraph (2) (b), the Authority may execute the order and cost of such work shall be a debt due to the Authority and shall be recoverable accordingly.
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