SOLID WASTE AND PUBLIC CLEANSING MANAGEMENT ACT 2007
(1) This Act may be cited as the Solid Waste and Public Cleansing Management Act 2007.
(2) This Act applies to Peninsular Malaysia and the Federal Territories of Putrajaya and Labuan.
(3) This Act comes into operation on a date to be appointed by the Minister by notification in the Gazette and the Minister may appoint different dates-
(a) for the coming into operation of this Act in different parts of Peninsular Malaysia and the Federal Territories of Putrajaya and Labuan;
(b) for the coming into operation of different provisions of this Act; or
(c) for the coming into operation of different provisions of this Act in different parts of Peninsular Malaysia and the Federal Territories of Putrajaya and Labuan.
In this Act, unless the context otherwise requires-
"prescribed", unless otherwise specified, means prescribed by way of regulations made under this Act;
"public roads" means any public road which is currently repaired or maintained by a 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, footway, 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 pe
The Federal Government shall, upon the coming into operation of this Act, have executive authority with respect to all matters relating to the management of solid waste and public cleansing throughout Peninsular Malaysia and the Federal Territories of Putrajaya and Labuan.
Notwithstanding the provisions of any written law to the contrary, the Federal Government shall, upon the coming into operation of this Act, 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 Act.
(1) The Minister shall appoint a Director General of Solid Waste and Public Cleansing Management, who shall head a department, from amongst members of the public service for such period and on such terms and conditions as may be specified in the instrument of appointment.
(2) The Minister shall appoint such numbers of Deputy Director General of Solid Waste and Public Cleansing as may be necessary for the purposes of this Act from amongst members of the public service who shall, subject to the control and direction of the Director General, have the powers and functions of the Director General, other than the power of delegation referred to in subsection (4).
(3) The Minister shall appoint such numbers of Directors, Deputy Directors, Assistant Directors and other officers as may be necessary for the purposes of this Act from amongst members of the public service who shall be subject to the control, direction and supervision of the Directo
(1) Without prejudice to any other functions conferred on the Director General by this Act, the Director General shall have the following functions:
(a) to propose, after taking into consideration the recommendation from the Corporation, policies, plans and strategies in respect of solid waste and public cleansing management to the Minister;
(b) to formulate, after taking into consideration the recommendation from the Corporation, plans for solid waste management including the location, type and size of new treatment facilities, the coverage areas of the solid waste management facilities, the solid waste management schemes to supply controlled solid waste to the solid waste management facilities and the timescale for the implementation of the plans;
(c)
to set, after taking into consideration the recommendation from the Corporation, standards, specifications and codes of practice relating to any aspect
The Minister may give the Director General directions of general character consistent with the provisions of this Act relating to the exercise of the powers and performance of the functions of the Director General and the Director General shall give effect to such directions.
(1) No person shall construct any prescribed solid waste management facilities unless the relevant plans or specifications which require the approval of the Director General have first been approved in writing by the Director General.
(2) No person shall undertake any alteration of any prescribed solid waste management facilities which may-
(a) affect the performance of the solid waste management
facilities;
(b) cause adverse environmental impact;
(c) impede the quality and level of solid waste management
services;
(d) adversely affect public health; or
(e) affect the overall planning of solid waste management
services,
unless the relevant plans or specifications which require the
approval of the Director General have first been approved in
writing by the Director General.
(3) An application for the approv
(1) The Corporation shall within sixty days from the receipt of the application under subsection 8(3), submit a written recommendation to the Director General as to whether or not the approval should be granted to the person seeking the approval of the Director General under subsection 8(1) or (2).
(2) The written recommendation of the Corporation shall specify the reasons for its recommendation and any special conditions which that person should be subjected to if the Corporation recommends to the Director General to grant the approval.
(1) The Director General may, after considering the application for approval under subsection 8(1) or (2) and having due regard to the recommendation of the Corporation under section 9, grant the approval or refuse to grant the approval.
(2) In granting the approval to the person referred to in subsection 8(1) or (2), the Director General may impose such terms and conditions as he thinks fit.
(3) The decision of the Director General to grant or not to grant an approval shall be communicated to the person referred to in subsection 8(1) or (2) as soon as practicable.
(1) The Corporation may from time to time submit a written recommendation to the Director General as to whether the approval granted under section 10 should be reviewed.
(2) The Director General may, having due regard to the recommendation of the Corporation under subsection (1), review the approval granted under section 10 if he is satisfied that the approved solid waste management facility does not conform to any requirements pertaining to environmental impact, quality and level of solid waste management services or public health.
(3) The Director General may serve upon the owner or occupier of the approved solid waste management facility a written notice of his intention to require the owner or occupier to apply for a fresh approval.
(4) The Director General shall give the owner or occupier an opportunity to make written submission within a period specified in the written notice which shall not be less than thirty days.
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(1) Any owner or occupier who intends to close any prescribed
solid waste management facilities, may apply to the Director
General by submitting a written application and a proposed closure
plan to the Corporation.
(2) The Corporation may, after the receipt of an application
under subsection (1), request the owner or occupier to give further
information or document within the period specified in the request
or any extension of time granted by the Corporation.
(3) If the owner or occupier fails to comply with subsection (2),
the application shall be deemed to be withdrawn without affecting
the owner or occupier's right to submit a fresh application.
(4) The Corporation shall within sixty days from the receipt of the
application under subsection (2), submit a written recommendation
to the Director General as to whether or not the application should
(1) Any person who is aggrieved by any decision of the
Director General under this Part may appeal to the Minister in
the prescribed manner within fourteen days from the date the
decision is communicated to such person.
(2) The Minister's decision on an appeal under subsection (1)
shall be final and binding.
(1) Subject to section 16, no person shall-
(a) undertake or provide any solid waste management
services;
(b) manage or operate any solid waste management facilities;
or
(c) undertake or provide any public cleansing management
services,
unless he holds a licence granted under this Act.
(2) A licensee shall not provide any of the licensed activities
referred to in subsection (1) except in accordance with the
conditions of the licence granted to the licensee.
(3) A person who contravenes subsection (1) commits an
offence and shall, on conviction, be liable to a fine not less than
fifty thousand ringgit and not exceeding one hundred thousand
ringgit or to imprisonment for a term not exceeding five years
or to both and in the case of a continuing offence, be liable to a
fine not exceeding five thousand r
(1) The Minister may, upon the recommendation of the
Director General, by order published in the Gazette , exempt a
person from the licensing requirements under section 14 subject
to such terms and conditions as the Minister thinks fit.
(2) A person who is exempted from the licensing requirements
under subsection (1) shall comply with the duties and obligations
of a licensee as if the person is a licensee under this Act unless
otherwise specified in the exemption order.
(1) Any person may apply to the Director General for a
licence to be granted to him under this Act by submitting a
written application to the Corporation in the manner as may be
prescribed.
(2) Every application under subsection (1) shall be accompanied
by such document or information as may be prescribed.
(3) An application under this section may be withdrawn at any
time before it is granted or refused.
(1) The Corporation may, in writing at any time after the
receipt of an application under section 16, request the applicant
to give to the Corporation within the period specified in the
request additional information or document on the application.
(2) If any additional information or document required under
subsection (1) is not provided by the applicant within the period
specified in the request or any extension of time granted by the
Corporation, the application shall be deemed to be withdrawn
and shall not be further proceeded with, but without affecting
the right of the applicant to make a fresh application.
(1) The Corporation shall within sixty days from the receipt
of an application under subsection 16(1), submit a written
recommendation to the Director General as to whether or not the
licence should be granted to the applicant.
(2) The written recommendation of the Corporation shall specify
the reasons for its recommendation and any special conditions
which the applicant should be subjected to if the Corporation
recommends to the Director General to grant the licence.
(1) The Director General may, after considering the application
for a licence under section 16, and the additional information or
document provided under section 17 and having due regard to
the recommendation of the Corporation under section 18, grant
the licence or refuse to grant the licence.
(2) If the Director General decides to grant a licence under
subsection (1), he shall-
(a) require the licensee to pay the prescribed fee within the
prescribed period; and
(b) impose conditions as he thinks fit.
(3) The conditions which may be imposed under
subsection (2) include-
(a) the nature, extent and frequency of services to be provided
by the licensee;
(b) the duration of the licence;
(c) the area and scheme for which the licensee shall provide
such services;
(d)
the
(1) A licensee shall comply with the conditions imposed by
the Director General on the licence.
(2) A licensee who fails to comply with any condition of a
licence commits an offence and shall, on conviction, be liable to a
fine not less than twenty-five thousand ringgit and not exceeding
fifty thousand ringgit or to imprisonment for a term not exceeding
two years or to both and in the case of a continuing offence,
be liable to a fine not exceeding two thousand and five hundred
ringgit for every day or a part of a day during which the offence
continues after conviction.
(1) The Director General may, on the recommendation of the
Corporation, at any time-
(a) impose any additional conditions on the licence; or
(b) vary or revoke any of the conditions imposed on the
licence.
(2) Before the Director General makes a decision under
subsection (1), the Corporation shall give the licensee-
(a) a written notice of the Director General's intention
together with a draft copy of the imposition, variation
or revocation; and
(b) an opportunity to make written submissions within a
period specified in the written notice which shall not
be less than thirty days.
(3) After the expiry of the period specified in the notice, the
Director General shall, after considering any written submission
made by the licensee and having due regard to any recommendation
of the Corporation, d
(1) The grant of a licence under section 19 shall be personal
to the licensee and the licence shall not be assigned, sub-licensed
or transferred to any other person except with the prior written
approval of the Director General.
(2) A licensee who assigns, sub-licenses or transfers his licence
to any other person without the prior written approval of the
Director General commits an offence and shall, on conviction, be
liable to a fine not less than twenty-five thousand ringgit and not
exceeding fifty thousand ringgit or to imprisonment for a term
not exceeding two years or to both.
(1) The Director General may, upon the recommendation of
the Corporation, suspend or revoke a licence under any of the
following circumstances:
(a) the licensee has failed to comply with any provisions of
this Act or any regulations made under this Act;
(b) the licensee has failed to comply with any conditions of
the licence;
(c) the licensee had improperly or illegally obtained the
licence;
(d) the licensee has been convicted of an offence under this
Act or any regulations made under this Act;
(e) a receiver, receiver and manager, provisional liquidator
or like official has been appointed over the whole
or substantial part of the licensee's assets and such
appointment is not revoked or annulled within a period
of sixty days from the date of such appointment; or
(f)
there h
The revocation of a licence under section 23 shall take
effect-
(a) on a date specified by the Director General in the written
notice given under subsection 23(4); or
(b) if no date is specified in the written notice given under
subsection 23(4), on the expiry of thirty days from the
date on which the notice is served on the licensee.
(1) A licensee may surrender its licence by forwarding the
licence to the Director General with a written notice of the
surrender of the licence.
(2) The surrender of the licence shall take effect six months
from the date the Director General receives the licence and the
written notice under subsection (1) or on such other date as may
be specified by the Director General.
(3) The surrender of a licence under subsection (1) shall be
irrevocable unless the Director General by notice in writing to
the licensee allows the surrender to be withdrawn before the
effective date of the surrender of the licence.
(1) A licensee may apply for a renewal of his licence not later
than one year before the date of expiry of the existing licence.
(2) Notwithstanding subsection (1), the Director General may,
subject to the payment of a penalty not exceeding three thousand
ringgit, impose on the licensee, allow an application for renewal
of the licence made after the time specified in subsection (1), but
no application for renewal shall be allowed where the application
is made after the date of expiry of the licence.
(3) The Director General shall, on the recommendation of
the Corporation, upon payment of the prescribed fee, renew an
existing licence except in the following circumstances:
(a) the licensee has failed to comply with any provisions of
this Act or any regulations made under this Act;
(b)
the licensee has failed to comply with any of the
If the revocation of a licence under section 23 or a surrender
of a licence under section 25 has taken effect or where the
licence has not been renewed under section 26, the licensee shall
immediately cease to provide any solid waste management services
or operate any prescribed solid waste management facilities in
respect of which the licence was granted.
(1) The Director General shall maintain a register of licences
granted under this Act containing-
(a) the names and addresses of the licensee; and
(b) any other particulars as the Director General thinks
necessary.
(2) The register shall be made available for inspection during
office hours.
(3) Any person may, on application in writing to the Director
General and on payment of the prescribed fee, be provided with
a copy of or an extract from an entry in the register.
(4) A copy of or an extract from an entry in the register
purporting to be certified under the hand of the Director General
shall, until the contrary is proved, be admitted in evidence as
proof of the entry as stated in the register.
(1) Any person who is aggrieved by any decision of the
Director General under this Part may appeal to the Minister in
the prescribed manner within fourteen days from the date the
decision is communicated to such person.
(2) The Minister's decision on any appeal under subsection (1)
shall be final and binding.
(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;
(c) the local authority; or
(d) any other person,
to whom solid waste management services are provided under
this Act.
(2) The Minister may, by order published in the Gazette ,
authorize the Corporation or the person with whom an agreement
has been entered into under section 4 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 Corporation or the person with whom an agreement
has been entered into under section 4, may recover from the
(1) Where controlled solid waste charges, fees or levy become
recoverable by the Corporation, or by the person with whom an
agreement has been entered into under section 4, the Corporation
or person may serve on the owner, occupier, the local authority
or any other person a written notice requesting payment of the
sum due within such period, which shall not be less than fourteen
days from the date of service of the notice, as may be specified
in the notice.
(2) If at the end of the period specified in the notice under
subsection (1) the sum or part of the sum due remains unpaid,
the Corporation or the person with whom an agreement has been
entered into under section 4 may serve on the owner, occupier, local
authority or any other person a further written notice demanding
payment of the sum due within fourteen days from the date of
service of
Any person who, without any reasonable excuse, fails
or refuses to pay controlled solid waste charges, fees or levy
commits an offence and shall, on conviction, be liable to a fine
not exceeding five thousand ringgit and shall also be liable to
a further fine not exceeding fifty ringgit for every day during
which the offence is continued after the conviction.
For the purpose of this Part, "interested person" means the
Corporation, any licensee, owner, occupier, local authority and
solid waste generator in respect of solid waste management
services provided under this Act.
A tribunal to be known as the "Tribunal for Solid Waste
Management Services" shall be established for the purpose of
this Act.
(1) The Tribunal shall consist of the following members who
shall be appointed by the Minister:
(a) a Chairman and a Deputy Chairman from amongst members
of the Judicial and Legal Service; and
(b) not less than five other members to be appointed from
amongst persons who are members of or who have held
office in the Judicial and Legal Service or advocates
and solicitors admitted and enrolled under the Legal
Profession Act 1976 [ Act 166 ], the Advocates Ordinance
of Sabah [ Sabah Cap. 2 ] or the Advocates Ordinance
of Sarawak [ Sarawak Cap. 110 ] who have not less than
seven years standing.
(2) The members referred to in paragraph (1) (b) -
(a) shall hold office for a term not exceeding three years;
and
(b) shall be eligible for reappointment upon the expiry of
his
Where the Chairman is for any reason unable to perform his
functions or during any period of vacancy in the office of the
Chairman, the Deputy Chairman shall perform the functions of
the Chairman.
The office of a member of the Tribunal shall become
vacant-
(a) upon the death of the member;
(b) upon the member resigning from such office by giving
three months' written notice to the Minister;
(c) upon the expiry of his term of office; or
(d) upon the member ceasing to be an advocate and solicitor
under the Legal Profession Act 1976, the Advocates
Ordinance of Sabah or the Advocates Ordinance of
Sarawak.
The Minister may revoke the appointment of a member of
the Tribunal appointed under paragraph 35(1) (b) -
(a) if his conduct, whether in connection with his duties as
a member of the Tribunal or otherwise, has been such
as to bring discredit to the Tribunal;
(b) if he has become incapable of properly carrying out his
duties as a member of the Tribunal;
(c) if there has been proved against him, or he has been
convicted on, a charge in respect of-
(i) an offence involving fraud, dishonesty or moral
turpitude;
(ii) an offence under a law relating to corruption;
(iii) an offence under this Act; or
(iv) any other offence punishable with imprisonment
for a term more than two years;
(d) if he becomes bankrupt;
(e) if he has been found or declared to be of unsound mind
or has
A member of the Tribunal appointed under paragraph 35(1) (b)
may at any time resign his office by giving three months' written
notice to the Minister.
Where a member ceases to be a member of the Tribunal, the
Minister may appoint another person to fill the vacancy.
(1) The members of the Tribunal appointed under
paragraph 35(1) (a) shall be paid such fixed allowances and other
allowances as the Minister may determine.
(2) The members of the Tribunal appointed under
paragraph 35(1) (b) shall be paid-
(a) a daily sitting allowance during the sitting of the Tribunal;
and
(b) such lodging, travelling and subsistence allowances,
as the Minister may determine.
(3) The remuneration provided for in subsections (1) and (2)
shall be charged on the Consolidated Fund.
(1) There shall be appointed a Secretary to the Tribunal and
such number of officers as may be necessary for carrying out the
functions of the Tribunal.
(2) The Chairman shall have general control of the officers of
the Tribunal.
(3) For the purposes of this Act, the Secretary to the Tribunal
shall be deemed to be an officer of the Tribunal.
(1) The jurisdiction of the Tribunal shall be exercised by any
of the following persons sitting alone:
(a) the Chairman of the Tribunal;
(b) the Deputy Chairman of the Tribunal; or
(c) any member of the Tribunal determined by the
Chairman.
(2) The Tribunal may sit in one or more sittings on such day
and at such time and place as the Chairman may determine.
(3) If the person presiding over any proceedings in respect of
a claim dies or becomes incapacitated, or is for any other reason
unable to complete or dispose of the proceedings, the claim shall
be heard afresh by another member of the Tribunal, unless the
parties agree that the claim be continued by another member of
the Tribunal.
(4) Where the term of appointment of any member of the
Tribunal under this section expires during the pendency of any
Any interested person may commence proceedings in the
Tribunal by lodging a claim in the prescribed form together
with the prescribed fee claiming for any matter concerning his
interests or any loss suffered or damages incurred which includes
the recovery of charges, fees or levy under this Act.
(1) Subject to sections 46 and 47, the Tribunal shall have
jurisdiction to determine a claim lodged under section 44 where
the total amount in respect of which an award of the Tribunal is
sought does not exceed fifty thousand ringgit.
(2) Subject to subsection (1), a respondent to a claim or dispute
may raise a debt or liquidated demand as-
(a) a defence; or
(b) a counter-claim.
(3) Where a respondent raises a debt or liquidated demand under
subsection (2) and the debt or demand is proved, the Tribunal
shall-
(a) give effect to the defence; or
(b) hear and determine the counter-claim notwithstanding that
the original claim is withdrawn, abandoned or struck
out.
(4) Any claim lodged with the Tribunal may include loss or
damage of a consequential nature.
(1) Except as expressly provided under this Act, the Tribunal
shall have no jurisdiction in respect of any claim-
(a) for the recovery of land, or any estate or interest in land;
and
(b) in which there is a dispute concerning-
(i) the entitlement of any person under a will or
settlement, or on intestacy (including partial
intestacy);
(ii) goodwill;
(iii) any chose in action; or
(iv) any trade secret or other intellectual property
rights.
(2) The jurisdiction of the Tribunal shall be limited to a claim
that is based on a cause of action arising from-
(a) any claim for the recovery of charges, fees or levy of
solid waste management services by the licensee or the
Corporation; or
(b) any disputes arising from any charges, fees or levy
imposed for solid waste management services
(1) Notwithstanding that the amount or value of the subject
matter claimed or in issue exceeds fifty thousand ringgit, the
Tribunal shall have jurisdiction to hear and determine the claim
if the parties have entered into an agreement in writing that
the Tribunal shall have jurisdiction to hear and determine the
claim.
(2) An agreement may be made under subsection (1)-
(a) before a claim is lodged under section 44; or
(b) where a claim has been lodged under section 44, at any
time before the Tribunal has recorded an agreed settlement
in respect of the claim under subsection 52(3) or has
determined the claim under section 57, as the case may
be.
(1) A claimant may abandon so much of a claim as exceeds
fifty thousand ringgit in order to bring the claim within the
jurisdiction of the Tribunal.
(2) Where a part of a claim has been abandoned under
subsection (1), the Tribunal's record of an agreed settlement
under subsection 52(3) or the Tribunal's award under section 57,
as the case may be, in relation to the claim shall operate to
discharge-
(a) the person who is a party to that agreed settlement; or
(b) the person against whom the claim is brought and the
subsequent award is made, from liability in respect of
the amount so abandoned.
Claims may not be split, nor more than one claim brought, in
respect of the same matter against the same party for the purpose
of bringing it within the jurisdiction of the Tribunal.
(1) Where a claim is lodged with the Tribunal and the claim
is within the Tribunal's jurisdiction, the issues in dispute in that
claim, whether as shown in the initial claim or as emerging in
the course of the hearing, shall not be the subject of proceedings
between the same parties in any court unless-
(a) the proceedings before the court were commenced before
the claim was lodged with the Tribunal; or
(b) the claim before the Tribunal is withdrawn, abandoned
or struck out.
(2) Where paragraph (1)( a ) applies, the issues in dispute in the
claim to which those proceedings relate, whether as shown in the
initial claim or emerging in the course of the hearing, shall not
be the subject of proceedings between the same parties before
the Tribunal unless the claim before the court is withdrawn,
abandoned or struck out.
Upon a claim being lodged under section 44, the Secretary
to the Tribunal shall give notice of the details of the day, time
and place of hearing in the prescribed form to the claimant and
the respondent.
(1) The Tribunal shall, as regards every claim within its
jurisdiction, assess whether, in all the circumstances, it is
appropriate for the Tribunal to assist the parties to negotiate an
agreed settlement in relation to the claim.
(2) Without limiting the generality of subsection (1), in making
an assessment, the Tribunal shall have regard to any factors that
in the opinion of the Tribunal, are likely to impair the ability of
either or both of the parties to negotiate an agreed settlement.
(3) Where the parties reach an agreed settlement, the Tribunal
shall approve and record the settlement and the settlement shall
then take effect as if it were an award of the Tribunal.
(4) Where-
(a) it appears to the Tribunal that it would not be appropriate
for it to assist the parties to negotiate an agreed settlement
in relation to the claim; o
(1) At the hearing of a claim every party shall be entitled
to attend and be heard.
(2) No party shall be represented by an advocate and solicitor
at a hearing unless in the opinion of the Tribunal the matter
in question involves complex issues of law and one party will
suffer severe financial hardship if he is not represented by an
advocate and solicitor; but if one party is subsequently allowed
to be represented by an advocate and solicitor then the other
party shall also be so entitled.
(3) Subject to subsection (2), but notwithstanding section 37
of the Legal Profession Act 1976-
(a) a corporation or an unincorporated body of persons may
be represented by a full-time paid employee of the
corporation or body the persons;
(b) a minor or any other person under a disability may be
represented by his next friend or gu
All proceedings before the Tribunal shall be open to the
public.
(1) The Tribunal may-
(a) procure and receive all such evidence on oath or affirmation,
whether written or oral, and examine all such persons as
witnesses, as the Tribunal thinks necessary to procure,
receive or examine;
(b) require the production before it of books, papers, documents,
records or things;
(c) administer such oath, affirmation or statutory declaration,
as the case may require;
(d) seek and receive such other evidence and make such other
inquiries as it thinks fit;
(e) summon the parties to the proceedings or any other person
to attend before it to give evidence or to produce any
document, records or other thing in his possession or
otherwise to assist the Tribunal in its deliberations;
(f) receive expert evidence; and
(g)
generally direct and do all
The Tribunal may hear and determine the claim before it
notwithstanding the absence of any party to the proceedings if
it is proved to the satisfaction of the Tribunal that a notice of
the hearing has been duly served on the absent party.
(1) The Tribunal shall make its award without delay and,
where practicable, within sixty days from the first day the hearing
before the Tribunal commences.
(2) An award of the Tribunal under subsection (1) may require
one or more of the following:
(a) that a party to the proceedings pay money to any other
party;
(b) that money be awarded to compensate for any loss or
damage suffered by the claimant;
(c) that costs to or against any party be paid;
(d) that interest be paid on any sum or monetary award at a
rate not exceeding eight per centum per annum, unless
it has been otherwise agreed between the parties;
(e) that the claim is dismissed.
(3) Nothing in paragraph (2) (d) or (e) shall be deemed to
empower the Tribunal to award any damages for any non-pecuniary
loss
1) Before the Tribunal makes an award under section 57,
it may, in its discretion, refer to a Judge of the High Court a
question of law-
(a) which arose in the course of the proceedings;
(b) which, in the opinion of the Tribunal, is of sufficient
importance to merit such reference; and
(c) the determination of which by the Tribunal raises, in the
opinion of the Tribunal, sufficient doubt to merit such
reference.
(2) If the Tribunal refers any question of law under
subsection (1) for the decision of a Judge of the High Court, it
shall make its award in conformity with such decision.
(3) A Federal Counsel authorized by the Attorney General for that
purpose may appear on behalf of the Tribunal in any proceedings
before a Judge of the High Court under this section.
The Tribunal shall in all proceedings give its reasons for its
award in the proceedings.
The Tribunal shall make or cause to be made a written record
of the terms of-
(a) every agreed settlement reached by the parties under
subsection 52(3); and
(b) every award made by it under section 57.
(1) Every agreed settlement recorded by the Tribunal under
subsection 52(3) and every award made by the Tribunal under
section 57-
(a) shall be final and binding on all parties to the proceedings;
and
(b) shall be deemed to be an order of a Sessions Court or
Magistrate's Court, as the case may be, and be enforced
accordingly by any party to the proceedings.
(2) For the purpose of paragraph (1) (b), in cases where the
award made by the Tribunal has not been complied with, the
Secretary to the Tribunal shall send a copy of the award made
by the Tribunal to the Sessions Court or Magistrate's Court, as
the case may be, having jurisdiction in the place to which the
award relates or in the place where the award was made and the
Court shall cause the copy to be recorded.
(1) Any person who fails to comply with an award made by
the Tribunal within the period specified by the Tribunal commits
an offence and shall, on conviction, be liable to a fine which
shall be not less than five thousand ringgit and which shall not
exceed ten thousand ringgit or to imprisonment for a term not
exceeding two years or to both.
(2) In the case of a continuing offence, the offender shall, in
addition to the penalties under subsection (1), be liable to a fine
not exceeding one thousand ringgit for each day or part of a day
during which the offence continues after conviction.
Subject to this Act and to any regulations made under this
Act, the Tribunal shall adopt such procedure as it thinks fit and
proper.
No proceedings of the Tribunal or award or other document
of the Tribunal shall be set aside or quashed for want of form.
(1) The Tribunal may, at the conclusion of the proceedings
before it, order that any document, record, material or other
property produced during the proceedings be delivered to the
rightful owner or be disposed of in such manner as it thinks
fit.
(2) Where no person has taken delivery of the document, record,
material or other property referred to in subsection (1), after a
period of six months, the ownership in the document, record,
material or other property shall be deemed to have passed to and
become vested in the Government.
No action or suit shall be instituted or maintained in any
court against-
(a) the Tribunal;
(b) a member of the Tribunal; or
(c) a person authorized to act for or on behalf of the
Tribunal,
for any act or omission done in good faith in the performance of
its or his functions and the exercise of its or his powers under
this Act.
(1) The Minister may make such regulations as may be
necessary or expedient in respect of the Tribunal.
(2) Without prejudice to the generality of subsection (1),
regulations may be made for-
(a) prescribing the responsibilities of members of the
Tribunal;
(b) prescribing the procedure of the Tribunal;
(c) prescribing the forms to be used in proceedings under
this Part;
(d) prescribing and imposing fees and providing for the
manner for collecting and disbursing such fees;
(e) prescribing anything required to be prescribed under this
Part.
In this Part, unless the context otherwise requires-
"licensee" includes-
(a) a person who holds a licence under this Act;
(b) a person who is exempted from holding a licence
granted under this Act; and
(c) a person who holds, controls or operates asset which
form part of the solid waste management services and
public cleansing management services.
Any licensee which considers that
(a) it is insolvent; or
(b) it has suspended payment to any extent that prejudices
its operation,
shall immediately inform the Corporation of the fact.
(1) Where the Corporation-
(a) has been informed by a licensee of any circumstances
referred to in section 69; or
(b) is satisfied-
(i) that the licence or authorization of a licensee has
been revoked and the licensee continues to provide
solid waste management services and public
cleansing management services in contravention
of this Act and any regulations made under this
Act;
(ii) that there has been or is a contravention by the
licensee of any direction by the Corporation as
is serious enough to make it inappropriate for
the licensee to continue to hold its licence;
(iii) that the licensee is insolvent or has suspended
payment to any extent that prejudices its operations
or that there are facts or circumstances which is
likely to lead to the licensee becoming insolvent
or to the licensee s
(1) No person shall deposit, separate, store, keep, collect,
transfer, transport, treat or dispose of or cause to be or permit
to be deposited, separated, stored, kept, collected, transferred,
transported, treated or disposed of any controlled solid waste
otherwise in accordance with this Act.
(2) All controlled solid waste shall be deposited, treated, kept,
stored or disposed of only at solid waste management facilities
licensed under this Act.
(3) Notwithstanding subsection (2), the Director General may,
by notification published in the Gazette , specify any category
of controlled solid waste which may be deposited, treated, kept,
stored or disposed of otherwise in accordance with this Act or
any regulations made under this Act or in areas other than solid
waste management facilities.
(4) In exercising his powers under subsection (3
(1) Any person who has in his possession of any controlled
solid waste shall take all reasonable measures to prevent the
escape of any controlled solid waste from his possession.
(2) No person shall cause, aid, abet or permit to cause the
escape of any controlled solid waste from the possession of other
person.
(3) Any person who contravenes subsection (1) or (2) 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 five years
or to both.
(1) Any thing which is placed in any receptacle or receptacle
chamber for controlled solid waste, with a view to its being
emptied or removed, or which is deposited at any place caused
to be provided by the Director General or the Corporation for the
collection and disposal of controlled solid waste shall be deemed
to be solid waste, unless the contrary is proved.
(2) No person, unless he is licensed under this Act to collect
the solid waste, shall sort over, disturb or otherwise interfere with
any receptacle or receptacle chamber for controlled solid waste,
which is placed with a view to its being emptied, or which is
deposited at any place caused to be provided by the Director
General or the Corporation for the collection and disposal of
controlled solid waste-
(a) regardless of who provides that receptacle or causes it
to be provi
(1) The Director General may give written directions as
he considers fit to any person for the purpose of ensuring the
compliance with this Act, on the separation, handling and storage
of any controlled solid waste in the possession of such person.
(2) Any person who fails to comply with the direction under
this subsection (1) commits an offence and shall, on conviction,
be liable to a fine not exceeding one thousand ringgit.
(1) If any person has in his possession any accumulation
of controlled solid waste or any consignment of controlled solid
waste on any land or premises which is in contravention of this
Act, which cause a nuisance or is prejudicial to health or offensive
to the neighbourhood, the Director General may, by notice in
writing serve on that person, direct him to deliver the controlled
solid waste within time specified in the direction to any solid
waste management facilities or any areas as the Director General
may determine for treatment or disposal.
(2) A direction under subsection (1) may require the person
who is directed to deliver the controlled solid waste to pay the
cost of treating or disposing of the controlled solid waste.
(3) If the controlled solid waste is not delivered as directed
under subsection (1)-
(a)
the Director Gene
(1) If any controlled solid waste is deposited or disposed of
in contravention of this Act, the Director General may, by notice
in writing served on-
(a) the owner or occupier of the premises;
(b) the person who deposited or disposed 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 Director General may cause the controlled
solid waste to be removed by any other person authorized by the
Director General.
(3) If the Director General exercises the power conferred
on him under subsection (2), the cost incurred in removing the
controlled solid waste shall
(1) Any person who by a deliberate or rash or negligent
act or omission caused damage to receptacles, vehicles or solid
waste management facilities commits an offence and shall, on
conviction, be 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 Act-
(a) may assess the compensation payable under this section;
and
(b) may make an order for the payment of the
compensat
(1) The Director General may, in writing authorize any
officer appointed under section 5, officer of any local authority or
officer of the Corporation to exercise the powers of enforcement
under this Act.
(2) Any such officer shall be deemed to be a public servant
within the meaning of the Penal Code [ Act 574 ].
(3) In exercising any of the powers of enforcement under
this Act, an authorized officer shall on demand produce to the
person against whom he is acting the authority issued to him by
the Director General.
(4) The Director General shall have all the powers, functions
and duties of an authorized officer.
(1) An authorized officer may, for the purpose of enforcing
this Act-
(a) call for and examine any book, document, instrument or
record and make copies of or take extracts from such
book, document, instrument or record which is in the
custody or control of any person pertaining to any matter
under this Act;
(b) visit, enter, inspect and examine with or without previous
notice any solid waste management facilities, land or
other premises at any time but shall not unnecessarily
obstruct or impede any work therein;
(c) investigate in respect of any solid waste management
facilities, land or other premises-
(i) to ensure proper maintenance and sanitation of any
solid waste management facilities, land or other
premises;
(ii) any matter or thing concerned with or related to
the safety or health of
(1) An authorized officer shall have the power to investigate
the commission of any offence under this Act.
(2) Every person required by an authorized officer to give
information or produce any document or other article relating
to the commission of any offence which is in his power to give
shall be legally bound to give the information or produce the
document or other article.
(1) If it appears to a Magistrate, upon written information on
oath and after such inquiry as he considers necessary, that there
is a reasonable cause to believe that any premises have been used
or are about to be used for, or there is in or on any premises,
evidence necessary to establish, the commission of an offence
under this Act, the Magistrate may issue a warrant authorizing
an authorized officer to whom it is directed, at any reasonable
time by day or night and with or without assistance-
(a) to enter any premises and there search for, seize and
detain any property, equipment, machinery, book, record,
document, container, receptacle or other article;
(b) to inspect, make copies of, or take extracts from, any
book, record, document or other article so seized and
detained;
(c)
to take possession of, and remove
If an authorized officer is satisfied upon information received
that he has reasonable cause to believe that by reason of delay
in obtaining a search warrant under section 81 the investigation
would be adversely affected or evidence of the commission of
an offence is likely to be tampered with, removed, damaged or
destroyed, the officer may enter the premises and exercise in,
upon and in respect of the premises all the powers referred to in
section 81 in as full and ample a manner as if he were authorized
to do so by a warrant issued under that section.
(1) An authorized officer conducting a search under this
Act shall be given access to computerized data whether stored
in a computer or otherwise.
(2) For the purposes of this section, the authorized officer
shall be provided with the necessary password, encryption code,
decryption code, software or hardware and any other means
required for his access to enable comprehension of computerized
data.
(1) If an authorized officer has reasonable cause to suspect
that any vehicle is carrying any thing in respect of which an
offence under this Act or any regulations made under this Act
is being or has been committed, he may stop and examine the
vehicle and may, if on examination he has reasonable cause to
believe that such vehicle is or has been used for the commission
of such offence, seize the vehicle and any thing found in the
vehicle that is reasonably believed to furnish evidence of the
commission of the offence.
(2) The person in control or in charge of the vehicle shall, if
required to do so by the authorized officer-
(a) stop the vehicle and allow the authorized officer to
examine it; and
(b) open all parts of the vehicle for examination and take all
measures necessary to enable or facilitate the carrying out
(1) Except as provided under subsection (2), where any
property, equipment, machinery, book, record, document, container,
receptacle or other article, or any vehicle or any thing found in
the vehicle, is seized under this Act, the seizing officer shall
prepare a list of the things seized and immediately deliver a copy
of the list signed by him to-
(a) if premises have been searched under section 81 or 82,
the occupier of the premises which have been searched,
or to his agent or servant, at those premises; and
(b) if a vehicle or any thing found in the vehicle is seized
under section 84, the person in control or in charge of
the vehicle.
(2) Where the premises are unoccupied, the seizing officer shall
whenever possible post a list of the things seized conspicuously
on the premises.
If any property, equipment, machinery, book, record, document,
container, receptacle or other article, or any vehicle or any thing
found in the vehicle, is seized under this Act, the Director General
may, in his discretion, temporarily return such thing to the owner
or the person from whose possession, custody or control it was
seized-
(a) subject to such terms or conditions as the Director General
may impose; and
(b) subject, in any case, to sufficient security being furnished
to the satisfaction of the Director General that such thing
shall be surrendered to him on demand or be produced
before a court of competent jurisdiction.
(1) An authorized officer making an investigation under
this Act may by order in writing require the attendance before
himself of any person who appears to the authorized officer to
be acquainted with the facts and circumstances of the case, and
such person shall attend as so required.
(2) If any person refuses to attend as so required, the authorized
officer may report such refusal to a Magistrate who shall issue
a summons to secure the attendance of such person as may be
required by the order made under subsection (1).
(1) An authorized officer making an investigation under this
Act may examine orally any person supposed to be acquainted
with the facts and circumstances of the case.
(2) The person examined under subsection (1) shall be legally
bound to answer the questions relating to such case put to him by
the authorized officer, but such person may refuse to answer any
question the answer to which would have a tendency to expose
him to a criminal charge, or penalty or forfeiture.
(3) A person making a statement under this section shall be
legally bound to state the truth, whether or not such statement
is made wholly or partly in answer to the question.
(4) An authorized officer examining a person under subsection
(1) shall first inform that person of the provisions of subsections
(2) and (3).
(5) A statement made by any person under this section shall,
(1) Except as provided in this section, no statement made
by any person to an authorized officer in the course of an
investigation made under this Act shall be used in evidence.
(2) When any witness is called for the prosecution or for the
defence, other than the accused, the court shall, on the request
of the accused or to the prosecutor, refer to any statement made
by that witness to an authorized officer in the course of an
investigation under this Act and may then, if the court thinks fit
in the interest of justice, direct the accused to be furnished with
a copy of it and the statement may be used to impeach the credit
of the witness in the manner provided by the Evidence Act 1950
[ Act 56 ].
(3) Where the accused had made a statement during the course
of an investigation, such statement may be admitted in evidence
in support of hi
(1) Any property, equipment, machinery, book, record,
document, container, receptacle or other article, or any vehicle or
any thing found in the vehicle, seized in exercise of any power
conferred by this Act shall be liable to forfeiture.
(2) If prosecution is instituted with regard to any property,
equipment, machinery, book, record, document, container, receptacle
or other article, or any vehicle or any thing found in the vehicle,
under this Act, the court before which the prosecution with
regard thereto has been held may order the forfeiture or release
of the property, equipment, machinery, book, record, document,
container, receptacle or other article, or the vehicle or any thing
found in the vehicle.
(3) The court shall order the forfeiture of the property, equipment,
machinery, book, record, document, container, receptacle or other
arti
If any property, equipment, machinery, book, record, document,
container, receptacle or other article, or any vehicle or any thing
found in the vehicle, seized under this Act is held in the custody
of the Director General pending the completion of any proceedings
in respect of an offence under this Act, 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 Government by such person and
shall be recoverable accordingly.
No person shall, in any proceedings before any court in
respect of the seizure of any property, equipment, machinery,
book, record, document, container, receptacle or other article,
or any vehicle, or any thing found in the vehicle, seized in the
exercise or the purported exercise of any power conferred by
this Act, be entitled to the costs of such proceedings or to any
damages or other relief unless such seizure was made without
reasonable cause.
Any person who-
(a) refuses any authorized officer access to any premises
which the authorized officer is entitled to have under
this Act or in the execution of any duty imposed or
power conferred by this Act;
(b) assaults, obstructs, impedes or interferes with any authorized
officer in the execution of his duty or power conferred
by this Act;
(c) refuses to give any authorized officer any information
relating to an offence or suspected offence under this
Act 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
continuing offence be liable to a fine not
(1) The Director General or the Corporation may, with
the consent in writing of the Public Prosecutor, compound any
offence committed by any person under this Act and prescribed
to be a compoundable offence by regulations made under this Act
by making a written offer to the person suspected of committing
the offence to compound the offence on payment to the Director
General or the Corporation of an amount of money not exceeding
fifty per centum of the amount of maximum fine for that offence
within the time specified in the offer.
(2) An offer under subsection (1) may be made at any time
after the offence has been committed, but before any prosecution
for it has been instituted, and if the amount specified in the offer
is not paid within the time specified in the offer or within such
extended period as the Director General or the Corporation may
<
No prosecution shall be instituted for any offence under
this Act except by or with the consent in writing of the Public
Prosecutor.
If a body corporate commits an offence under this Act or
any regulations made under this Act, any person who, at the
time of the commission of the offence, was a director, manager,
secretary or other similar officer or was purporting to act in any
such capacity, or was in any manner or to any extent responsible
for the management of any of the affairs of the body corporate,
or was assisting in such management-
(a) may be charged severally or jointly in the same proceedings
with the body corporate; and
(b) if the body corporate is found to have committed the
offence, shall be deemed to have committed that offence
unless, having regard to the nature of his functions in
that capacity and to all circumstances, he proves-
(i) that the offence was committed without his knowledge,
consent or connivance; and
(ii) that he too
(1) Service of documents on any person shall be
effected-
(a) by delivering the document to that person or by delivering
the document at the last known place of residence of
that person to an adult member of his family;
(b) by leaving the document at the usual or last known
place of residence or business of that person in a cover
addressed to that person; or
(c) by forwarding the document by registered post addressed to
that person at his usual or last known place of residence
or business.
(2) A document required to be served on the owner or occupier
of any premises-
(a) shall be deemed to be properly addressed if addressed
by the description of the "owner" or "occupier" of such
premises without further name or description; and
(b) may be served-
(i) by delivering the docume
(1) No misnomer or inaccurate description of any person or
premises named or described in any document prepared, issued
or served for the purposes of this Act or any regulations made
under this Act shall in any way affect the operation of this Act or
any regulations made under this Act with respect to that person
or place if that person or place is so designated in the documents
is identifiable.
(2) No proceedings taken under or by virtue of this Act or
any regulations made under this Act shall be invalid for want of
form.
(1) Every person who sells or transfers any property in
respect of which costs and expenses have been incurred by the
Director General or a licensee, as the case may be, in or about
the execution of any work which are, under this Act, recoverable
from the owner of the property shall continue to be liable for the
payment of all such costs and expenses payable in respect of the
property and for the performance of all other obligations imposed
by this Act upon the owner of the property which become payable
or are to be performed at any time before the transfer becomes
effective.
(2) Nothing in this Act shall affect the liability of the purchaser
or transferee to pay costs and expenses in respect of the property
referred to in subsection (1) or affect the right of the Director
General or licensee, as the case may be, to recover those costs
and ex
(1) If the Director General 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 Act; 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 Act,
the Director General 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,
(1) The Minister may, by order published in the Gazette ,
require-
(a) any solid waste generator to reduce the generation of
controlled solid waste in any manner or method;
(b) any person to use environmental friendly material;
(c) any person to use specified amount of recycled materials
for specified products;
(d) any person to limit the generation, import, use, discharge
or disposal of specified products or materials;
(e) the implementation of coding and labelling systems for
any product or material to promote recycling;
(f) the use of any method or manner for the purpose of
reducing the adverse impact of the controlled solid waste
on the environment; and
(g) the use of any method or manner for the purpose of
reduction, reuse and recycling of the controlled solid
(1) The Minister may, by order published in the Gazette
establish take back system which-
(a) require that specified products or goods after use shall be
taken back by the manufacturer, assembler, importer or
dealer and that the manufacturer, assembler, importer or
dealer shall be obliged on their own account and cost
to recycle or dispose any products or goods taken back
in a specified manner;
(b) require that any person shall deliver specified products
or goods to the manufacturer, assembler, importer or
dealer; and
(c) require any dealer of specified products or goods to
receive and store specified products or goods to be taken
back.
(2) The Minister may, by order published in the Gazette ,
establish deposit refund system and determine-
(a)
the specified products or goods
(1) A fund to be known as the "Solid Waste and Public
Cleansing Management Fund" is established and shall be controlled
and operated by the Corporation.
(2) The Solid Waste and Public Cleansing Management Fund
shall consist of-
(a) any sums contributed by the State Government and local
authority under any arrangements made pursuant to the
Federal Constitution;
(b) all moneys received from the charges, fees or levy imposed
under section 30;
(c) all moneys appropriated from the Federal Government
for the management of controlled solid waste and public
cleansing.
(3) The Solid Waste and Public Cleansing Management Fund
shall be expended for the following purposes:
(a) paying for the cost incurred as a result of the agreement
made under section 4; and
(b)
paying for the charges,
(1) The Minister may, if he considers it consistent with the purposes of this Act or in the interest of the public, by order published in the Gazette , exempt any person, vehicle, premises or solid waste management facilities or any class of persons, vehicles, premises or solid waste management facilities from all or any of the provisions of this Act or any regulations made under this Act for such duration and subject to such conditions as the Minister may specify and he may alter or add to conditions so specified.
(2) The Minister may at any time by order published in the Gazette revoke any order made under subsection (1) if he is satisfied that such exemption should no longer be granted.
No action or prosecution shall be brought, instituted or maintained in any court against-
(a) the Director General, Deputy Director General, Directors, Deputy Directors, Assistant Directors or any other officers duly appointed or authorized under this Act for or on account of or in respect of any act ordered or done for the purpose of carrying into effect this Act and any regulations made under this Act; and
(b) any other person for any act done or purported to be done by him under the order, direction or instruction of the Director General, Deputy Director General, Directors, Deputy Directors, Assistant Directors or any other officers duly appointed under this Act if the act was done in good faith and in a reasonable belief that it was necessary for the purpose intended to be served thereby.
Notwithstanding any written law to the contrary, a Sessions Court shall have jurisdiction to try any offence under this Act or any regulations made under this Act, and to impose the full punishment for any such offence.
Any person who commits an offence under this Act for which no penalty is expressly provided shall, on conviction, be liable to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding one year or to both.
(1) The Minister may make such regulations as may be
expedient or necessary for the better carrying out the provisions
of this Act.
(2) Without prejudice to the generality of subsection (1),
regulations may be made for all or any of the following
purposes:
(a) prescribing the standards and specifications for the design,
construction, operation and maintenance of any prescribed
solid waste management facilities;
(b) prescribing the methods or manner of collection,
transportation, treatment or disposal of controlled solid
waste including the types of controlled solid waste which
may require pre-treatment before its disposal;
(c) prescribing the scheme for carrying out solid waste
management services including the duties and obligations
of licensee and solid waste generators, the geographical
area, the
Subject to the provisions of this Part, any registration, instruction, act, order, direction, approval or decision done, made or given before the appointed date, under any written law relating to the management of the solid waste and public cleansing which is consistent with this Act shall be deemed to have been done, made or given under this Act and shall continue in full force and effect relating to whom they apply until amended or revoked under this Act or under any regulations made under this Act or until the date of the expiry of the registration, instruction, act, order, direction, approval or decision.
(1) All Federal or State agencies or departments, local authorities or any person who are, prior to the appointed date, authorized under any written law to-
(a) undertake or provide any solid waste management services;
(b) manage or operate any solid waste management facilities; or
(c) undertake or provide any public cleansing management services, shall continue to be authorized under this Act to undertake, provide, manage or operate the aforesaid services or facilities for a period of one year from the appointed date or such other period as may be extended by the Director General if such Federal or State agencies or departments, local authorities or authorized person register with the Director General within six months or such other period as may be extended by the Director General after the appointed date.
(2) The authorization granted to the Federal or State agencies or departments, local au
(1) A person shall only be authorized to carry out the services and activities stipulated in any agreement and supplementary agreement in respect of solid waste management services and public cleansing management services made with any Federal or State agencies or departments or local authorities for a period of one year from the appointed date or such other periods as may be extended by the Director General if the person lodges a certified copy of the agreement and supplementary agreement with the Director General within six months from the appointed date or such other period as may be extended by the Director General.
(2) The authorization granted to the person authorized under subsection (1) shall lapse if they fail to register with the Director General within six months or any extended period mentioned in subsection (1) after the appointed date.
(3) The person authorized under subsection (1) shall as soon as possible after lodging h
(1) Any solid waste management facilities approved under any written law before the appointed date shall be deemed to have been approved under section 10.
(2) The Director General may, at any time if he is satisfied that the approved solid waste management facility does not conform to current requirements regarding environmental impact, quality and level of solid waste management services or public health, serve upon the owner or occupier of such facility a notice in writing of his intention to require him to apply for a fresh approval under section 11.
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