Malaysia legislation

Section 1

of Sustainable Resources and Wastes Management, 2025

Section 1

(2)

The Minister may appoint different dates for the coming into force of different parts or different provisions of this Ordinance.

Interpretation 2.

In this Ordinance, unless the context otherwise require—

“agency” includes governmental and non-governmental organization;

“Authority” means the Sustainable Resources and Wastes

Management Authority established under section 3;

“authorized person” means any person authorized by the

Chief Executive Officer in writing under this Ordinance;

“Chief Executive Officer” means the Chief Executive Officer of the Authority appointed under section 12;

“controlled sustainable resources” means the sustainable resources declared to be controlled in accordance with section 25;

“designated place” means any suitable place, site or area as may be designated by the Authority under section 27 to be the place or area where the sustainable resource or wastes may be segregated and accumulated for collection by the Authority;

“disposal of wastes” means any method or process of disposing of or eliminating any unwanted materials or wastes;

“Government” means the Government of the State of

Sarawak;

“holder” means any person who is in possession of any sustainable resource or wastes, either by custody or by control, or the producer of such sustainable resource or wastes including service provider; and for the purpose of this definition, the words

“in possession” mean to be in the custody or under the control of such person;

“land” shall have the same meaning assigned to it under the

Land Code [Cap. 81 (1958 Ed.)];

“licensee” means any person issued with licence under this

Ordinance or its regulations;

“Minister” means the Minister responsible for energy and environmental sustainability;

“non-governmental organisation” means any body or corporation, registered or incorporated under any written law which is not owned, managed or controlled by the Government;

“occupier” means a person in occupation or control of—

(a)

any land and, in the case of land reserved or allocated for the use of a native community, includes the head of the community;

(b)

any premise; or

(c)

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

“owner” in relation to—

(a)

any premise, means—

(i)

the registered proprietor thereof;

(ii)

any person who occupies that premise by agreement, lease or license, whether registered or not under the Land Code, with the owner;

(iii)

the agent or trustee of any of the owners described in subparagraphs (i) and (ii) of this definition or where the owner as described in subparagraphs (i)

and (ii) cannot be traced or has died, his executor or administrator;

(iv)

the person for the time being receiving the rent from the premise, whether on his own account, or as agent or trustee for any other person, or as receiver or who is entitled to receive, if the premise is let to a tenant; or

(v)

licensee recognized under any written law;

and

(b)

in the case of any vehicle, means the person registered as the owner of the vehicle;

“person” means natural person including any individual, body, corporation or company;

“premise” includes any structure, place, building, house, land and easement, whether open or enclosed, whether built on or not, whether public or private;

“producer” means any person whose activities produce sustainable resources or wastes or any person who carries out pre-processing, mixing or other operations resulting in change in the nature, composition or use of sustainable resources or wastes;

“recovery” means the controlled extraction of a molecule or compound or material or retrieval of energy from sustainable resources or wastes for the production of another product;

“recycle” means the process by which materials are reclaimed from sustainable resources or wastes for further use as product, raw materials or input in the production process;

“re-use” means the action or practice of using something again whether for its original purpose or to fulfil a different function;

“sustainable resources” include⎯

(a)

any material or substance, whether of biological or non-biological origin; or

(b)

any discarded material from any premise or site including industrial, construction and agricultural wastes or wood wastes from logging of forests, which possesses recoverable value or is capable of being converted into energy in any form including electricity, heat, fuels or gases, or any non-energy product;

“sustainable resource or wastes management facility” means any plant, factory, premise, or site licensed in accordance with this

Ordinance for the purpose of receiving, accumulating, depositing, recovering, recycling, treating, storing, or disposing of sustainable resources or wastes, and includes incinerators, sustainable resource or wastes processing areas, transfer stations, reuse areas, materials recovery facilities, recycling plants, treatment facilities, composting plants, wastes disposal facilities or sites, and wastes-to-energy facilities;

“service provider” means any person issued with licence under this Ordinance or its regulations to carry out any sustainable resource or wastes management activity under this Ordinance or its regulations including collectors, transporters, material recovery operators and recyclers; and

“wastes” mean any substance, material or object that is intended or required to be discarded or disposed of by its holder, which cannot be reused, recycled or recovered.

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