* Solid Waste And Public Cleansing Management Act 2007

Original Language Title: *Solid Waste And Public Cleansing Management Act 2007

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Laws of MALAYSIA ONLINE VERSION of the PRINT TEXT that UPDATES Act 672 ACT SOLID WASTE MANAGEMENT and PUBLIC CLEANSING 2007 As at 1 August 2016 2 ACT SOLID WASTE MANAGEMENT and PUBLIC CLEANSING 2007 date of Assent......... August 28, 2007 date of publication in the Gazette of ... ... more 30 August 2007 3 laws of MALAYSIA Act 672 ACT SOLID WASTE MANAGEMENT and PUBLIC CLEANSING 2007 ARRANGEMENT of SECTIONS part I preliminary section 1. Short title, application and commencement 2. Interpretation 3. The Federal Government shall have executive authority 4. Agreement on solid waste and public cleansing management service PART II ADMINISTRATION 5. Appointment of Director General, Deputy Directors General and other officers 6. Functions and powers of the Director-General 7. Power of Minister to give directions 4 laws of Malaysia ACT 672 PART III the APPROVAL for the construction, ALTERATION or CLOSURE of SOLID WASTE MANAGEMENT FACILITIES are PRESCRIBED Sections 8. Construction or alteration of solid waste management facilities set 9. The recommendation by the Corporation 10. Grant of or refusal to grant the approval of 11. Review of approval 12. Application to close any facilities solid waste management set 13. Right of appeal to the Minister PART IV LICENSING PROVISIONS 14. Requirements for licences 15. Power to exclude from the requirements for licence 16. Application for licence 17. Information or additional documents 18. The recommendation by the Corporation 19. The granting or refusal give licence 20. Compliance with conditions of licence 21. The authority to impose additional conditions, change or cancel conditions 22. Pemindahmilikan a licence 23. Suspension and revocation of licence 24. The effective date of revocation of licence 25. Surrendering a license 26. Renewal of licence Management of solid waste and public cleansing 5 section 27. Effect of cancellation, surrender or not to renew the license 28. Register of licence 29. Right of appeal to the Minister 30 CHARGES part V. Power to charge, etc.
31. Get charges, fees or levies controlled 32 solid waste. Failure or refusal to pay the charges, fees or levies PART VI TRIBUNAL 33 SOLID WASTE MANAGEMENT SERVICE. The meaning of "interested persons" 34. The establishment of a solid waste management Service Tribunal 35. Membership of the Tribunal 36. Temporary exercise of functions of the Chairman 37. Vacation of post 38. Revocation of appointment of 39. The resignation of 40. Filling vacancy 41. Remuneration 42. The Secretary of the Tribunal and other officer 43. Conference on Tribunal 44. Commencement of proceedings 45. The jurisdiction of the Tribunal 46. The boundaries of the jurisdiction of the 47. The expansion of jurisdiction through Treaty of 48. Omission to bring the claim within the jurisdiction of the 6 laws of Malaysia ACT 49 Section 672. Cause of action cannot be divided into 50. Removal jurisdiction of the Court 51. Notice of claim and hearing 52. Negotiations on the settlement of 53. The right to appear at the hearing of 54. Proceedings shall be open 55. Evidence 56. Tribunal shall act in the absence of the 57. 58 Tribunal award. Reference to a Judge of the High Court on a question of law 59. The reason the results of 60. Orders and resolutions shall be recorded in writing 61. The decision of the Tribunal shall be final 62. Criminal penalties because of failure to comply with 63. Procedure where no provision is made 64. The absence of form 65. Disposal of documents, etc.
66. Act or omission made in good faith 67. Regulations in respect of Tribunal PART VII 68 ASSUMPTION of CONTROL. Interpretation of 69. The licensee shall notify the Corporation 70. The actions of the Corporation in respect of licensees in certain circumstances Management of solid waste and public cleansing 7 PART VIII CONTROL OVER GENERATING SOLID WASTES and the PERSON in POSSESSION CONTROLLED SOLID WASTE Section 71. Prohibition against pelonggokan, processing, etc., of solid waste under control without the permission of 72. Prohibition against the release of solid waste unauthorized controlled 73. Solid waste shall be placed in containers or in site pelonggokan solid waste controlled 74. The power to direct that controlled segregated solid waste, handled and stored 75. The power to direct that controlled solid waste diverted 76. The power to direct that a regulated landfill stacked or disposed of with unlawful moved 77. Offence for causing damage to the vehicle, container or other solid waste management facilities PART IX ENFORCEMENT PROVISION 78. Authorized officers 79. 80 enforcement powers. 81. investigation power A search and seize warrant with 82. Search and seize without warrant 83. Access to computerized data 84. The power to stop, search and seize 85 vehicles. List of things seized 86. Temporary return of property, etc., seized 87. The power to require the attendance of the person who has knowledge of the case 8 laws of Malaysia ACT 88 Section 672. Examination of the people with knowledge of the case of 89. Admissibility of statement 90. Forfeiture or divestment, etc., seized 91. The cost for holding equipment, etc., seized 92. There are no costs or damages arising from seizure can be obtained 93. Hurdle 94. Compounding of offences 95. An initial prosecution 96. Offences by body corporate 97. Presentation of documents 98. Inaccuracies in the document 99. Kebertanggungan pemindah title 100. Solid waste management facilities installed or built without permission before the commencement of this Act part X REDUCTION and RECOVERY of WASTE UNDER CONTROL 101. Reduction, re-use and recycling of solid wastes regulated 102. The system received back and deposit refund system PART XI AM 103. Fund Management of solid waste and public cleansing 104. Power to exclude 105. Protection of the Director General and other officers 106. Jurisdiction to try the offence of 107. General penalty for solid waste management and public cleansing 9 Section 108. Regulations PART XII TRANSITIONAL and SAVING of 109. Savings and transitional 110. Solid waste management and public cleansing existing

111. The agreement and supplemental agreement existing 112. Solid waste management facility existing 11 laws of MALAYSIA Act 672 ACT SOLID WASTE MANAGEMENT and PUBLIC CLEANSING 2007 an act to provide for and regulate solid waste management and public cleansing controlled for the purpose of maintaining proper hygiene and for matters incidental thereto.

[Perlis, Kedah, Pahang, Negeri Sembilan, Melaka and Johor and the federal territories of Kuala Lumpur and Putrajaya — 1 September 2011]


WHEREAS the hygiene is a matter within the concurrent list in the Ninth Schedule to the Federal Constitution: and that matters relating to solid waste management and public cleansing controlled administered now by various local authorities: and WHEREAS IT is expedient for the purpose of ensuring the consistency of laws and policies to make laws for the control and surveillance should be matters relating to solid waste management and public cleansing controlled throughout Peninsular Malaysia and the federal territories of Putrajaya and Labuan : and WHEREAS IT is also expedient that provision is made to provide the Federal Executive authority for matters relating to solid waste management and public cleansing controlled throughout Peninsular Malaysia and the federal territories of Putrajaya and Labuan: 12 laws of Malaysia ACT 672 THEN, therefore, under clause (1) of article 74 and clause (2) of article 80 of the Constitution, enacted by the Parliament of Malaysia as follows : part I preliminary short title, application and commencement 1. (1) this Act may be cited as the Act solid waste management and public cleansing 2007.

(2) this Act shall apply to Peninsular Malaysia and the federal territories of Putrajaya and Labuan.

(3) of this Act come into force on such date as the Minister may, by notification in the Gazette and the Minister may set different dates — (a) for the commencement of this Act in the different parts of Peninsular Malaysia and the federal territories of Putrajaya and Labuan;

(b) for the commencement of different provisions of this Act; or (c) for the commencement of different provisions of this Act in the different parts of Peninsular Malaysia and the federal territories of Putrajaya and Labuan.


Interpretation 2. In this Act, unless the context otherwise requires — solid waste management and public cleansing 13 "set", unless specified otherwise, means prescribed by regulations made under this Act;

"public roads" means any public roads being repaired or maintained by local authorities or transferred ownership to or have vested in local authorities under any written law and includes any road, field, page, small roads, alleys, bridges, broadcast distance, direction of trace, the way six feet, the road, the tunnel, layby, intersection, roundabouts, traffic dividers island , median, traffic lanes, lanes cut, slow lane, road shoulders, median strips, the top, underpasses, roads, ramps in or out whether road tembus or not, that the public have the right 39, but does not include any federal roads, state roads, highways, bridges, tunnels, or anything connected to the roads maintained and taken care of by any federal or State authority or any private person or private body;

"nuisance" has the meaning assigned to it in section 2 of the local Government Act 1976 [Act 171];

"solid waste management facility" means any land, plant fixed or mobile system that combines the structure, equipment used or intended to be used for handling, storing, transporting, separating, transfer, process, recycle, deal with and dispose of solid waste transfer station and includes controlled, landfills, earthwork hygiene, plant burners and other heat treatment plants, pengitar plants and plant composting;

"Director General" means the Director General of the solid waste and public cleansing management appointed under section 5;

"recycling" means to collect and separate the waste for the purpose of producing output;

"Minister" means the Minister charged with the responsibility for waste management and public cleansing;

"market" has the meaning assigned to it in section 2 of the local Government Act 1976;
14 laws of Malaysia ACT 672 "authorised officer" means any officer appointed under section 5, any officer of the local authority as defined in the local Government Act 1976 or officers of the Corporation duly authorized in writing by the Director General for the purposes of this Act;

"disposal" means disposal of any solid waste through whatever means including destruction, incineration, composting or pelonggokan;

"licensee" means a person licensed under this Act;

"owner" — (a) in relation to any premises, means — (i) the registered proprietor of the premises; or (ii) the lessee, including small lessees, the premises whether registered or not;

(b) in relation to any building which broke up the means — (i) the registered proprietor of a compartment held under separate title;

(ii) the lessee, including small lessees, the broken down building unwavering commitment whether registered or not; or (iii) Management Corporation or any other similar body approved under any written law and any proprietor of a subsidiary;

(c) means the agent or trustee of any of the persons described in paragraphs (a) and subparagraph (b) (i) or, if such person cannot be dikesani or personal representative already dead on the side of the law.

(d) if the premises are part of a development for which a separate ownership of solid waste management and public cleansing 15 required applied for under any written law for the time being in force but the title

separately have not been issued yet, means — (i) the person with it developers have made any agreement for the purchase of lots or parcels contained in the premises; or (ii) the person to whom the property has diserahhakkan and penyerahakkan about it notified to the developer;

(e) in relation to any premises where construction works are in progress, including developer;

(f) in relation to joint property any buildings on the ground contained in the broken part of the strata plan approved by the competent authorities, including — (i) Management Corporation or any other person who has control over the building;

(ii) any of its agents or servants who are appointed by the management of the Corporation or any other person who has control over the building;

(iii) any person, body or administrator appointed pursuant to the Strata Title Act 1985 [Act 318] to exercise the powers, or the exercise of the powers for the management of the Corporation; or (iv) any person or body appointed in accordance with the building Act and joint property (Maintenance and management) Act 2007 [Act 663]; or (g) in relation to any vehicle means a registered owner of the vehicle;

16 laws of Malaysia ACT 672 "generating solid waste" means any person who produces solid waste under control;

"occupant" means — (a) persons who occupy or control of any premises;
and (b) in relation to different parts of the premises occupied by different people, means each person occupying or control every part of the premises;

"Corporation" means a corporation, the Management of solid waste and public cleansing management established under the Akta Perbadanan solid waste management and public cleansing 2007 [Act 673];

"public cleansing management services" means the following services: (a) clean public roads, public places, public toilets and public drain;

(b) clean — (i) Hawker Center except food which is owned and maintained in private; and (ii) market unless market owned and maintained privately;

(c) solid waste clean up discarded with controlled illegal on public roads and at public places;

(d) cleaning the beach;

(e) cutting grass beside the kerbs public;

(f) cut the grass in public areas; and solid waste and public cleansing management 17 (g) move carcasses, but does not include landscaping programme and maintenance of public roads and public places;

"solid waste management service" means the separation, storage, collection, transportation, processing, transportation, recycling, processing and disposal of solid waste under control;

"local authorities" — (a) means any local authorities established or deemed to have been established under the local Government Act 1976;

(b)  in relation to the Federal territory of Labuan, means local authorities established under the local Government Ordinance, 1961, Sabah, in force in the Federal territory of Labuan as modified by order of the Federal territory of Labuan (modification of the local Government Ordinance) 1984 [P.U. (A) 169/1984];

(c) in relation to the Federal territory of Kuala Lumpur means the Mayor of Kuala Lumpur appointed under section 3 of the Federal Capital Act 1960 [Act 190]; and (d) includes any person or group of persons who are appointed or authorized under any written law to exercise and perform the powers and functions conferred and imposed upon the local authorities under any written law;

"premises" includes land, buildings, houses, isemen whatever pemegangannya type, whether open or closed, either by construction or not, whether public or private, and whether maintained under statutory authority or not;
 NOTE — local Government Ordinance, 1961 [Sabah No. 11 1961] is repealed in its application for the Federal territory of Labuan – see P.U. (A) 439/2010 18 laws of Malaysia ACT 672 "recycling center" means a place where the public can either put or sell solid waste that can be recycled;

"solid waste" includes — (a) any substance or thing other excess scrap or rejected products arising from the use of any process;

(b) any thing required to be disposed of as already broken, tear, contaminated or otherwise damaged; or (c) any other materials in accordance with this Act or any other written law required by the authorities in order to be disposed of, but shall not include scheduled wastes as described under the environmental quality Act 1974 [pollution], sewage as defined in water services industry Act 2006 [Act 655] or radioactive waste as defined in the Atomic Energy Licensing Act 1984 [Act 304];

"public solid waste" means any waste which is produced by public areas, under the supervision or control of any local authority;

"the import of solid waste" means any waste produced in other countries and imported to Malaysia to be processed or disposed of;

"household solid waste" means any waste generated by a household, and of the type that are usually generated by or produced by any premises when occupied as a dwelling house, and includes waste;

"institutional solid waste" means any waste which is produced by — (a) any premises approved under any written law or by the State authority to use solid waste and public cleansing 19 wholly or mainly for the purpose of prayer or for charitable;

(b) any premises occupied by any Department of the Federal Government or the State, any local authority or any statutory body;

(c) any premises of education;

(d) any health care facilities including hospitals, clinics and health centres; or (e) any premises used as a public zoo, museums, public, public libraries and orphanages;

"special waste" means any type of solid waste under control of prescribed — (a) harmful or could harm public health; or


(b) difficult to manipulated, stored or disposed of, so that special provisions required for running it;

"commercial solid waste" means any waste which is produced from any commercial activities;

"the construction of solid waste" means any waste which is produced from any construction or demolition activities, including work on the development, preparation, repair or alteration;

"industrial waste" means any waste which is produced from any industrial activities;

"controlled waste" means any waste that belong in any of the following areas: (a) commercial solid waste;

(b) solid waste construction;
20 laws of Malaysia ACT 672 (c) household solid waste;

(d) industrial solid waste;

(e) institutional solid waste;

(f) import solid waste;

(g) public solid waste; or (h) solid waste may be prescribed from time to time;

"solid waste which can be recycled" means controlled appropriate solid waste for recycling as may be prescribed;

"specified date" means the date this Act or part of this Act come into force;

"public place" means any open space, parking, Garden, place or field for recreation and pleasure, whether terkepung or not, reserved or allocated for use in public or to which the public have access at any time;

"Tribunal" means solid waste management Service Tribunal established under section 34.


The Federal Government shall have executive authority 3. The Federal Government shall, when this Act comes into force, has executive authority in respect of all matters related to the management of solid waste and public cleansing throughout Peninsular Malaysia and the federal territories of Putrajaya and Labuan.





Solid waste management and public cleansing 21 Agreement on solid waste and public cleansing Management Services 4. Notwithstanding the provisions of any written law to the contrary, the Federal Government shall, when this Act comes into force, has the authority to make any agreement with any person who authorizes the person to operate, manage, operate and conduct any solid waste management services or public cleansing management services under this Act.


PART II ADMINISTRATION appointment of Director General, Deputy Directors General and other officers 5. (1) the Minister shall appoint a Director General of the solid waste management and public cleansing, to be heading a Department, from among members of the public service for such period and upon such terms and conditions as may be specified in the instrument of appointment.

(2) the Minister shall appoint such number of Deputy Director General of the solid waste management and public cleansing as may be necessary for the purposes of this Act from among members of the public service shall, subject to the control and direction of the Director General, has the powers and functions of the Director General, in addition to the power of delegation referred to in subsection (4).

(3) the Minister shall appoint such number of Directors, Deputy Directors, Assistant Directors and other officers as may be necessary for the purposes of this Act from among members of the public service shall be subject to control, direction and supervision of the Director General.

(4) the Director may, in respect of any matter or class of matters specified in writing under his hand, delegate all or any of the powers or functions under this Act, except the power of the pewakilannya, to any Director, Deputy 22 laws of Malaysia ACT 672 Director, Assistant Director, or other officer including any local authority officer or any officer of the Corporation.

(5) a delegation under subsection (4) may be cancelled at any time by the Director General and does not preclude the Director-General of the exercise of the powers or perform the functions delegated under that subsection.


Functions and powers of the Director General 6. (1) without prejudice to any other functions assigned to the Director General by this Act, the Director General shall have the following functions: (a) to recommend, taking into account the recommendation of the Corporation, policies, plans and strategies with regard to solid waste management and public cleansing to the Minister;

(b) to summarize, after taking into account the recommendation of the Corporation, plan for solid waste management including the location, type and size of new processing facilities, area solid waste management facilities, solid waste management scheme to supply regulated to solid waste solid waste management facilities and the time frame for the implementation of the plan;

(c) to prescribe, after taking into account the recommendation of the Corporation, standards, specifications and code of practice in relation to any aspect of the management of solid waste and public cleansing management services;

(d) to carry out the functions of regulation set out in this Act and any regulations made under this Act;

(e) to provide licenses and approval under this Act; and solid waste and public cleansing management 23 (f) to undertake any other activities for the purpose of carrying on, or in connection with, the performance of its functions under this Act.

(2) the Director General shall have all the powers as may be necessary for, or in connection with, or incidental to, the performance of its functions under this Act.


Power of Minister to give directions 7. Minister may give directions to the Director General, of a General in accordance with the provisions of this Act relating to the exercise of powers and the performance of the functions of the Director General and the Director General shall give effect to such directions.


PART III the APPROVAL for the construction, ALTERATION or CLOSURE of SOLID WASTE MANAGEMENT FACILITIES SET the construction or alteration of solid waste management facilities set 8. (1) No person shall construct any solid waste management facilities set unless the plan or related specifications require the approval of the Director-General had approved in advance in writing by the Director General.

(2) No person shall operate any variation of any of the

solid waste management facilities which prescribed may — (a) affect the performance of the solid waste management facilities;

(b) to cause any adverse effects on the environment;

(c) prevent the quality and service levels of solid waste management;

24 laws of Malaysia ACT 672 (d) harmful to public health; or (e) affect the overall planning of solid waste management services, unless the plan or related specifications require the approval of the Director-General had approved in advance in writing by the Director General.

(3) an application for the approval of the Director-General under subsection (1) and (2) shall be submitted to the Corporation.

(4) in addition to any other requirements under any other written law, the Corporation may require any person who wishes to obtain the approval of the Director General under subsection (1) or (2) to submit to the Corporation any information and documents in such form and manner and within the time prescribed.

(5) If a person fails to comply with subsection (4), the person's application for approval shall be deemed to have been withdrawn without prejudice to the right of that person to submit a new application.

(6) the Corporation may give directions in writing to the person who wishes to obtain the approval of the Director General under subsection (1) and (2) in respect of compliance with this Act or any regulations made under this Act.

(7) persons to whom any instruction given under subsection (6) shall comply with the written instructions and, where necessary, amend the specification and plan accordingly and submit the plans and specifications were amended to the Corporation in the manner and within the time set out by the Corporation.

(8) if the person referred to in subsection (7) does not comply with the written instructions of the Corporation, the application of such person shall be deemed to have been withdrawn without prejudice to the right of that person to submit a new application.

(9) a person who — solid waste management and public cleansing 25 (a) construct or alter any solid waste management facilities set without plans and specifications require the approval of the Director-General had approved in advance in writing by the Director General; or (b) construct or alter any solid waste management facilities set not in accordance with the plans and specifications as approved, commits an offence and shall, on conviction, to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding five years or both.

(10) If an offence is proved under subsection (9), the Court shall make an order requiring that person to change the solid waste management facilities set to conform to the approved plans and specifications within the period specified in the order, and if such person fails to comply with the order, the person is guilty of an offence and shall, on conviction, to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding five years or to both and in the case of an offence who
ongoing, a fine not exceeding five thousand dollars for each day or part of a day such offence continues after conviction.


The recommendation by the Corporation 9. (1) the Corporation shall within sixty days from receipt of an application under subsection 8 (3), submit a written recommendation to the Director General as to whether or not approval should be given to people who want to obtain the approval of the Director General under subsection 8 (1) or (2).

(2) the written Recommendations of the Corporation shall state the reasons for syornya and any special conditions should be imposed on such a person if the Corporation recommends to the Director General so that approval is given.



26 laws of Malaysia ACT 672 Granting or refusal give approval 10. (1) the Director General may, after considering an application for approval under subsection 8 (1) or (2) and taking into account accordingly the recommendation of the Corporation under section 9, gives approval or refuse to give approval.

(2) in granting approval to the person referred to under subsection 8 (1) or (2), the Director-General may impose such terms and conditions as it thinks fit.

(3) the decision of the Director-General to give or not give approval shall be communicated to the person referred to under subsection 8 (1) or (2) as soon as reasonably practicable.


Review of approval 11. (1) the Corporation may from time to time submit a written recommendation to the Director General as to whether an approval granted under section 10 should be reviewed.

(2) the Director General may, duly taking into account the recommendation of the Corporation under subsection (1), review the approval granted under section 10 if the Director General is satisfied that the facilities of an approved solid waste management does not meet any requirements with regard to environmental impact, quality and service levels of solid waste management or public health.

(3) the Director General may be delivered to the owner or occupant facilities approved solid waste management that a written notice of his intention to require the owner or occupant in order to apply for an approval of a new one.

(4) the Director General shall give to the owner or occupier of an opportunity to make submissions in writing within the period specified in the written notice which shall not be less than thirty days.

(5) after the expiry period specified in the notice, the Director General shall, after considering any written submissions made in solid waste management and public cleansing 27 by the owner or occupant and duly taking into account the recommendation of the Corporation, decide whether or not to require the owner or occupier of it to make a new application.

(6) the Director General shall give to the owner or occupier of a written notice of its decision under subsection (5) as soon as reasonably practicable.


Application to close any facilities solid waste management set 12. (1) any owner or occupier who intend to close any of the solid waste management facilities required may apply to the Director General by submitting an application

writing and a proposed plan for the closure to the Corporation.

(2) the Corporation may, upon receipt of an application under subsection (1), ask the owner or occupier is to provide further information or documents 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 withdrawn without prejudice to the right of the owner or occupier to apply new ones.

(4) the Corporation shall within sixty days from receipt of the application under subsection (2), submit a written recommendation to the Director General as to whether the application should be allowed or not.

(5) Recommendation writing the Corporation shall state the reasons for syornya and any special conditions should be imposed on the owner or occupier if the Corporation recommends to the Director General so that the application is allowed.

(6) the Director General shall, after considering an application under subsection (1) and taking into account the recommendation of the Corporation accordingly — 28 laws of Malaysia ACT 672 (a) allow the application with or without conditions; or (b) refuse the application and order the owner or occupier of that submit an application and a new closure plan.

(7) any owner or occupier who shut down any solid waste management facility without the approval of the Director General commits an offence and shall, on conviction, be fined not less than one hundred thousand dollars and not more than five hundred thousand dollars or to imprisonment for a term not exceeding five years or both.


Right of appeal to the Minister 13. (1) any person aggrieved by any decision of the Director General under this section may appeal to the Minister in the prescribed manner within fourteen days from the date the decision was communicated to that person.

(2) the decision of the Minister on an appeal under subsection (1) shall be final and binding.


PART IV PROVISIONS of LICENSING Requirements for licence 14. (1) subject to section 16, no person shall — (a) operate or provide any solid waste management services;

(b) manage or handle any solid waste management facilities; or solid waste management and public cleansing 29 (c) cultivating or preparing any public cleansing management services, unless he holds a licence granted under this Act.

(2) the licensee may not provide any licensed activity referred to in subsection (1) except in accordance with the conditions of the licence granted to the holder of the license.

(3) any person who contravenes subsection (1) commits an offence and shall, on conviction, to a fine not less than fifty thousand dollars 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 continuous offence, a fine not exceeding five thousand dollars for each day or part of a day such offence continues after conviction.


Power to exclude from the requirements for licences 15. (1) the Minister may, on the recommendation of the Director-General may, by order published in the Gazette, exempt any person from the licensing requirements under section 14 subject to such terms and conditions as the Minister thinks fit.

(2) a person who is exempt from the licensing requirements under subsection (1) shall comply with the duties and obligations of licensees as if that person holds a licence under this Act unless specified otherwise in the exemption order.


Application for licence 16. (1) any person may apply to the Director General so that a licence conferred upon him under this Act by submitting a written request to the Corporation in such manner as may be prescribed.

(2) every application under subsection (1) shall be accompanied by any documents or information as may be prescribed.

30 laws of Malaysia ACT 672 (3) an application under this section may be revoked at any time before the application is allowed or denied.


Information or additional documents 17. (1) the Corporation may, in writing, at any time after receipt of an application under section 16, asking the applicant provide to the Corporation within the period specified in the request information or additional documents regarding the application.

(2) where any information or additional documents required under subsection (1) is not given 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 have been withdrawn and no longer be continued, but without prejudice to the right of the applicant to apply for a new one.


Recommendation by the Corporation 18. (1) the Corporation shall, within sixty days from receipt of an application under subsection 16 (1), submit a written recommendation to the Director General as to whether licenses should be granted to the applicant or not.

(2) the written Recommendations of the Corporation shall state the reasons for syornya and any special conditions should be imposed on the applicant if the Corporation recommends to the Director General so that the license given.


The granting or refusal give licence 19. (1) the Director General may, after considering the application for a licence under section 16, and information or additional documents provided under section 17 and taking into account accordingly the recommendation of the Corporation under section 18, provide license or refuse to grant the license.

Solid waste management and public cleansing 31 (2) if the Director General decides to grant a licence under subsection (1), the Director General shall — (a) require the licensee to pay the prescribed fee within the specified period; and (b) impose such conditions as he thinks fit.

(3) the conditions that may be imposed under subsection (2) includes — (a) the type, extent and frequency of services to be provided by the licensee;

(b) the term of the license;

(c) the scheme for which licensee shall provide any service;

(d) the type of solid waste under control;

(e) solid waste management facility to which the waste collected is sent;


(f) requirement to deposit any amount as may be prescribed as a guarantee for secure closure of waste management facilities;

(g) annual license fee payable by the licensee, or if it is found expedient by the Director General, the full amount of license fee payable by the licensee for the entire duration of the license; and (h) the rights and obligations of a particular licensee with respect to the services provided by the licensee.

(4) the decision of the Director General to grant a license or not shall be conveyed to the applicant in writing as soon as reasonably practicable.

32 laws of Malaysia ACT 672 (5) notice in writing by the Director General under subsection (4) shall state — (a) in the case where a licence is granted, the fact about the provision and the requirements and conditions imposed under subsection (2); and (b) in the case of a refusal to grant a licence, the fact of the refusal and the reasons for such refusal.


Compliance with the license terms 20. (1) the licensee shall comply with the conditions imposed by the Director General on the license.

(2) a licensee who fails to comply with any condition of a licence commits an offence and shall, on conviction, liable to a fine of not less than twenty-five thousand dollars and not more than fifty thousand dollars or to imprisonment for a term not exceeding two years or to both common and in the case of a continuous offence, a fine not exceeding two thousand five hundred dollars for each day or part of a day such offence continues after conviction.


The authority to impose additional conditions, change or cancel conditions 21. (1) the Director General may, on the recommendation of the Corporation, at any time — (a) impose any additional conditions on the license; or (b) vary or revoke any conditions imposed on the licence.

(2) before the Director General made a decision under subsection (1), the Corporation shall give to the holders of the license — solid waste management and public cleansing 33 (a) a written notice of the intention of the Director-General together with a copy of the draft on the imposition, alteration or cancellation; and (b) an opportunity to make submissions in writing within the period specified in the written notice which shall not be less than thirty days.

(3) after the expiry period specified in the notice, the Director General shall, after considering any written submissions made by the holder of the licence and accordingly taking into account any recommendation of the Corporation, decide whether to impose additional conditions or amend or cancel any conditions or not to take further action.

(4) the Corporation shall give the licensee a written notice of the decision of the Director-General under subsection (3) as soon as reasonably practicable and such decision shall become effective on the date specified in the notice.


Pemindahmilikan licence 22. (1) the grant of a licence under section 19 shall be personal to the licensee and the licence is not assignable, disublesenkan or dipindahmilikkan to any other person except with the prior written approval of the Director General.

(2) the holder of a license, assign or transfer his/her license mensublesenkan to any other person without the prior written approval of the Director General commits an offence and shall, on conviction, be fined not less than twenty-five thousand dollars and not more than fifty thousand dollars or to imprisonment for a term not exceeding two years or to both.


Suspension and cancellation of licences 23. (1) the Director General may, on the recommendation of the Corporation, suspend or cancel a licence under any of the following circumstances: 34 laws of Malaysia ACT 672 (a) the holder of the licence fails to comply with any provision of this Act or any regulations made under this Act;

(b) the holder of the licence fails to comply with any condition of the licence;

(c) the licensee has to obtain the license in improper or unlawful;

(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, liquidator or similar officer temporarily appointed over the whole or part of the assets of the holder of the licence and such appointment not cancelled or diungkaikan within sixty days from the date of appointment; or (f) have occurred any act or default on the part of the licensee or has been around a change in circumstances resulting in the licensee is no longer entitled to be given a licence under this Act.

(2) before the Director General made a decision under subsection (1), the Director General shall give the holder of the licence — (a) a written notice of his intention to suspend or cancel the licence; and (b) an opportunity to make submissions in writing within a period specified in the written notice which shall not be less than thirty days.

(3) after the expiry period specified in the notice, the Director General shall, after considering the written submissions made by the licensee under subsection (2), if any, and duly taking into account any recommendation of the Corporation, decide whether to suspend the licence for a period not exceeding one month or to cancel the license.
Solid waste management and public cleansing 35 (4) the Director General shall give licensee written notice of its decision under subsection (3) as soon as workable.

(5) where a licence is suspended under subsection (3), the Director-General may require the licensee to meremedikan default or breach it and if it deems it necessary to do so, causing the services provided by the holder of the licence is carried out by any other person authorized by the Director General on terms and conditions as may be specified by the Director General.

(6) if the Director General is satisfied that the licensee not meremedikan breach of the collision or as required under subsection (5), or breach or breach the

continues after the license is suspended under subsection (3), the Director General shall cancel the license.

(7) a licensee whose licences — (a) is suspended or revoked shall not be entitled to any compensation for any loss which is experiencing because of the suspension or cancellation of a licence granted under this Act; and (b) revoked shall not be entitled to any refund of the license fee paid under section 19.


The effective date of revocation of licence 24. Revocation of a licence under section 23 shall become effective on — (a) on a date specified by the Director General in the notice given under subsection 23 (4); or (b) if there is no date specified in the notice given under subsection 23 (4), upon the expiry of thirty days from the date of the notice served upon the holder of such licence.

36 laws of Malaysia ACT 672 surrendering licence 25. (1) the licensee may surrender his/her license by sending the licence to the Director General with a written notice about surrendering the license.

(2) the surrender of a licence shall become effective six months from the date the Director General received the license and a written notice under subsection (1) or on another date specified by the Director General.

(3) surrender of a licence under subsection (1) shall be irrevocable unless the Director General by notice in writing to the holder of the license allow surrendering the withdrawn before the date of surrender the license in force.


Renewal of licence 26. (1) a licensee may apply to renew his/her license no later than one year before the expiration date of the existing licences.

(2) Notwithstanding subsection (1), the Director-General may, subject to the payment of a penalty not exceeding three thousand dollars, which can be imposed on licensees, allowing an application for renewal of a licence is made after the period specified in subsection (1), but no application for renewal may be allowed if the application is made after the date of expiry of the licence.

(3) the Director General shall, on the recommendation of the Corporation, on payment of the prescribed fee, renew existing license except in the following circumstances: (a) the licensee has not complied with any provision of this Act or any regulations made under this Act;

(b) the licensee has not complied with any condition of the licence;

Solid waste management and public cleansing 37 (c) the licensee has to obtain the license in improper or unlawful;

(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, liquidator or similar officer temporarily appointed over the whole or part of the assets of the holder of the licence and such appointment not cancelled or diungkaikan within sixty days from the date of appointment; or (f) have occurred any act or default on the part of the licensee or has been around a change in circumstances resulting in the licensee is no longer entitled to be given a licence under this Act.

(4) the Director General may request the licensee to provide any information or document as may be required for the renewal application within the period specified in the request.

(5) Notwithstanding subsection (3), if the information or documents requested under subsection (4) is not provided by the holder of such licence within the period specified in the request or any extension of time granted, the Director-General may not renew the license.

(6) if the Director General refused to renew the license, the Director General shall notify the licensee in writing as soon as reasonably practicable of keengganannya to renew the license.

(7) the licensee shall be given the opportunity to make submissions in writing to the Director General within the period specified in the notice in writing referred to in subsection (6) which shall be not less than fourteen days.

(8) after expiry period specified in the notice under subsection (7), the Director General shall, after considering any 38 laws of Malaysia ACT 672 written submissions made by the holder of the licence and accordingly taking into account any recommendation of the Corporation, decide whether to renew the license or not.

(9) where the Director-General decided not to renew the license, the Director General shall notify the licensee as soon as practicable of that decision and the reasons for its decision.


Effect of cancellation, surrender or not to renew the license 27. If cancellation of a licence under section 23 or surrender of a licence under section 25 has been in force or if the license is not renewed under section 26, the licensee shall immediately cease to provide any solid waste management services or handle any solid waste facilities prescribed in respect of which the license has been given.


Express license 28. (1) the Director General shall maintain a register licence granted under this Act that contains: (a) the name and address of the licensee; and (b) any other particulars deemed necessary by the Director General.

(2) the register shall be made available for public inspection during normal office hours.

(3) any person may, upon application in writing to the Director General and on payment of the fee prescribed, given a copy of or extract from any entry in the register that.

(4) a copy of or extract from any entry in the register purporting to be certified under the hand of the Director-General shall, until the contrary is proved, be received in evidence as proof of entry specified in the register.

Solid waste management and public cleansing 39 right of appeal to the Minister 29. (1) any person aggrieved by any decision of the Director General under this section may appeal to the Minister in the prescribed manner within fourteen days from the date the decision was communicated to that person.

(2) the decision of the Minister upon any appeal under subsection (1) shall be final and binding.



Part V CHARGES authority to charge, etc.

30. (1) the Minister may from time to time prescribe, either independently or as a consolidated rate, charges, fees or levies regulated solid waste which shall be paid by — (a) the owner;

(b) residents;

(c) local authorities; or (d) any other person, to which the solid waste management service provided under this Act.

(2) the Minister may, by order published in the Gazette, give to the Corporation or person whom agreement has been made under section 4 to claim, collect and store charge, fee or levy waste controlled prescribed under subsection (1) with respect to solid waste management service provided by the person under that agreement.

40 laws of Malaysia ACT 672 (3) the Corporation or person whom agreement has been made under section 4, can obtain from the owner, occupier, the local authority or any other person from whom the charges, fees or levies for services solid waste management due and unpaid after the due date, additional charges for late payment at the rate prescribed by the Minister.

(4) an order made under subsection (2) shall state — (a) the type and extent of service in respect of which charges, fees or levies regulated solid waste can be claimed, collected and stored;

(b) the authorized person to claim, collect and store charge, fee or levy the regulated solid waste; and (c) the duration of the authorisation to claim, collect and store charge, fee or levy the regulated solid waste.

(5) any person authorized under subsection (2) shall — (a) maintain any accounts, books and records with respect to the payment and collection of charges, fees or levies solid waste under control and late payment charges as required by the Director General;

(b) give the Director General any information, statements and accounts with respect to the payment and collection of charges, fees or levies solid waste under control and late payment charges as required by the Director General; and (c) authorize the Director-General or any officer authorized in writing by the Director General of — (i) to gain access to, examine, inspect or make a copy of any document; and solid waste and public cleansing management 41 (ii) to gain access to, examine or inspect any machinery or equipment, maintained or used for payment or collection charges, fees, levies or charges late payment solid waste under control.

(6) the Authorisation to any person under subsection (2) does not make the Federal Government be liable to any person in respect of any injury, damage or loss caused by failure of an authorized person under that subsection to carry out its obligations under this agreement in respect of which charges, fees or levies that claimed solid waste under control, collected or stored.

(7) all moneys due and payable under this section shall be a debt due to the person authorized under subsection (2) and shall be properly can be obtained from the owner, occupier, local authority or any person referred to in subsection (1).

(8) any person who fails to comply with subsection (5) commits an offence and shall, on conviction, to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding six months or to both.


Get charges, fees or levies regulated solid waste 31. (1) if the charges, fees or levies regulated solid waste can be retrieved by the Corporation, or by a person with it an agreement made under section 4, the Corporation or that person can deliver to the owner, occupant, the local authority or any other person a written notice requesting the payment of a sum of money payable in such a period, which shall be not less than fourteen days from the date of delivery of the notice , as specified in the notice.

(2) if at the end of the period specified in the notice under subsection (1) the amount of money or part of the amount of the money due has not been paid, the Corporation or the person with it an agreement made under section 4 may serve to 42 laws of Malaysia ACT 672 owner, occupier, the local authority or any other person a written notice further claiming the payment of sums due it within fourteen days from the date of service of the notice; and if after the expiration of the offer, the amount of the money due has not been paid, the Corporation or the person can start proceedings in any court having competent jurisdiction or Tribunal established under this Act to obtain the amount of money that.


Failure or refusal to pay the charges, fees or levies 32. Any person who, without any reasonable cause, fails or refuses to pay charges, fees or levies solid waste controlled commits an offence and shall, on conviction, to a fine not exceeding five thousand dollars and can also be further liable to a fine not exceeding fifty dollars for each day that the offence continues after conviction.


PART VI TRIBUNAL SERVICES SOLID WASTE MANAGEMENT the meaning of "interested persons" 33. For the purposes of this section, "interested person" means a corporation, any holder of a licence, the owner, occupier, local authorities and generating solid wastes with regard to solid waste management service provided under this Act.


The establishment of a solid waste management Service Tribunal 34. A tribunal known as "solid waste management Service Tribunal" shall be established for the purposes of this Act.





Solid waste management and public cleansing 43 composition of Tribunal 35. (1) the Tribunal shall consist of the following members who shall be appointed by the Minister: (a) a Chairman and a Deputy Chairman from among the members of the judicial and legal service;
and (b) not less than five other members who shall be appointed from among the person who is a member or who has held positions in the judicial and legal service or a barrister and solicitors

admitted and enrolled under the legal profession Act 1976 [Act 166], the advocate Ordinance Sabah [Sabah Cap. 2] or the advocate Ordinance Sarawak [Sarawak Cap. 110] which has carried out the practice of not less than seven years.

(2) a Member referred to in paragraph (1) (b) — (a) shall hold office for a term not exceeding three years; and (b) shall be eligible for re-election upon the expiry of his Office but not be appointed for more than three consecutive periods.


Temporary exercise of functions of the Chairman 36. If for any reason the Chairman is unable to perform his functions or during any period of vacancy in the post of the Chairman, the Deputy Chairman shall perform the functions of the Chairman.


Vacation of post 37. The Office of a member of the Tribunal shall be vacated — 44 laws of Malaysia ACT 672 (a) when the member dies;

(b) when the member resigns by giving three months written notice to the Minister;

(c) upon the expiration of his Office; or (d) when the member ceases to be a barrister and a solicitor under the legal profession Act 1976, the advocate Ordinance Sabah or Sarawak Advocates Ordinance.


Revocation of appointment of 38. The Minister may revoke the appointment of a member of the Tribunal appointed under paragraph 35 (1) (b) — (a) if his actions, whether related to its obligations as a member of the Tribunal or otherwise, is such a way that the worst is the name of the Tribunal;

(b) if he becomes unable to perform his duties properly as a member of the Tribunal;

(c) if there has been proved against him, or if he has been convicted of, 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 of more than two years;

(d) if he becomes bankrupt;

Solid waste management and public cleansing 45 (e) if he is found or confirmed not of unsound mind or is otherwise incapable of managing his affairs; or (f) if he did not attend the trial Tribunal three times in a row without getting permission from the Chairman.


The resignation of 39. A member of the Tribunal appointed under paragraph 35 (1) (b) may at any time resign his Office by giving three months notice in writing to the Minister.


Filling vacancy 40. If a member cease to be a member of the Tribunal, the Minister may appoint another person to fill the vacancy.


Remuneration for 41. (1) the members of the Tribunal appointed under paragraph 35 (1) (a) shall be paid such allowances and other allowances as determined by the Minister.

(2) the members of the Tribunal appointed under paragraph 35 (1) (b) shall be paid: (a) daily allowance during the session the presiding Tribunal; and (b) any allowance for accommodation, travel and living, as determined by the Minister.

(3) Remuneration provided under subsection (1) and (2) shall be charged on the consolidated fund.



46 laws of Malaysia ACT 672 Secretary Tribunal and other officers 42. (1) there shall be appointed a Secretary Tribunal and any number of officers as may be necessary to carry out the functions of the Tribunal.

(2) the Chairman shall have general control over the Tribunal officer.

(3) for the purposes of this Act, the Secretary of the Tribunal shall be deemed to be an officer of the Tribunal.


Conference on Tribunal 43. (1) the jurisdiction of the Tribunal shall be carried out by any of the following person sitting alone: (a) the Chairman of the Tribunal;

(b) the Deputy Chairman of the Tribunal; or (c) any member of the Tribunal shall be determined by the Chairman.

(2) the Tribunal may meet in one or more of the siding area farmer's on any day and at any time and in any place as shall be determined by the Chairman.

(3) if the Chair of any proceedings in respect of a claim dies or becomes disabled, or for any other reason unable to resolve or membereskan the proceedings, the claim shall be heard by one member of the other Tribunal, unless the parties agree that the claim be continued by one other Member of the Tribunal.

(4) If the period of the appointment of any member of the Tribunal under this section expires during any proceedings pending in respect of a claim, the period of his appointment shall be deemed to have been extended until the claim is disposed of to the final.



Solid waste management and public cleansing an initial 47 44 proceedings. Any person interested can start proceedings in the Tribunal by submitting a claim in the prescribed form together with the prescribed fee with the claim of any matter in respect of its interest or any loss or damage incurred in including get charges, fees or levies under this Act.


Jurisdiction of Tribunal 45. (1) subject to section 46 and 47, the Tribunal shall have jurisdiction to decide a claim submitted under section 44 if the total amount in respect of which the award Tribunal requested does not exceed fifty thousand dollars.

(2) subject to subsection (1), one of the formation to a claim or dispute can evoke a debt or claim a certain amount as — (a) advocacy; or (b) a counterclaim.

(3) if the opponents raise a debt or claim a certain amount under subsection (2) and debt or claim is proved, the Tribunal shall — (a) give effect to the defence; or (b) hear and determine counterclaims that even the original claim has been withdrawn, abandoned or cancelled.

(4) any claim submitted to the Tribunal may include loss or damage arising.




48 laws of Malaysia ACT 672 Limits jurisdiction 46. (1) except as expressly provided under this Act, the Tribunal does not have jurisdiction in respect of any claim — (a) in order to obtain lands, or any estate or interest on the land; and


(b) containing disputes in respect of — (i) the right of any person under a last will or settlement, or caused death not bequeath (including death not bequeath partial);

(ii) the name of the good;

(iii) any right in action; or (iv) any trade secret or other intellectual property rights.

(2) the jurisdiction of the Tribunal should be limited to a claim based upon a cause of action as a consequence of — (a) any claim for charges, fees or levies of solid waste management services by licensee or Corporation;
or (b) any dispute arising from any charges, fees or levies charged for solid waste management services between licensees or corporation with the owner, occupier, local authority or generating solid waste;

brought by interested persons in three years from such claim or dispute.

(3) no nothing in this section shall be deemed to permit the Tribunal to hear a claim arising from personal injury or death.

Management of solid waste and public cleansing management 49 (4) for the purposes of subsection (1), "land" shall not include fixtures.


The expansion of jurisdiction through treaty 47. (1) Although the amount or value of the matter claimed or disputed exceeding fifty thousand dollars, the Tribunal shall have jurisdiction to hear and determine a claim if the parties have made 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 submitted under section 44; or (b) if the claim has been made under section 44, at any time before the Tribunal record agreed solutions in respect of the claim under subsection 52 (3) or have decided the claim under section 57, as the case may be.


Omission to bring the claim within the jurisdiction of 48. (1) the claimant can leave any amount of a claim in excess of fifty thousand dollars in order to bring the claim within the jurisdiction of the Tribunal.

(2) If a part of a claim have been abandoned under subsection (1), the Tribunal record for an agreed solution under subsection 52 (3) or the award Tribunal under section 57, as the case may be, in respect of such claims shall be in force for release — (a) a person who becomes a party to the agreed solution; or 50 laws of Malaysia ACT 672 (b) the person against whom the claim is brought and award following him made, from liability in respect of the amount left so.


Cause of action cannot be divided into 49. Claims cannot be divided, or more than one claim brought, in respect of the same thing against the same party for the purpose of bringing it within the jurisdiction of the Tribunal.


Removal jurisdiction of Court 50. (1) where a claim is submitted to the Tribunal and the claims are within the jurisdiction of the Tribunal, the issue in dispute in the claim, either as shown in claims first or appeared during the hearing, cannot be a matter in the proceedings between the same parties in any court unless — (a) the proceedings before the Court have been instituted before the claim is submitted to the Tribunal; or (b) a claim in front of the Tribunal has been withdrawn, abandoned or cancelled.

(2) if paragraph (1) (a) applies, the issue in dispute in the claim intended by the proceedings, either as shown in claims first or appeared during the hearing, cannot be a matter in the proceedings between the same parties before the Tribunal unless the claim before the Court has been withdrawn, abandoned or cancelled.


Notice of claim and the hearing of 51. When a claim submitted under section 44, the Secretary of the Tribunal shall give notice about the details of the day, solid waste management and public cleansing 51 time and place of the hearing in the prescribed form to the claimant and opponents.


Negotiations on the settlement of 52. (1) the Tribunal shall, in respect of every claim within its purview, evaluating whether, in all the circumstances, proper for the Tribunal to help the parties negotiate an agreed solution in relation to the claim.

(2) without limiting the generality of subsection (1), in making an assessment, the Tribunal shall take into account any factors which, in the opinion of the Tribunal, may disfigure the ability of one or both sides to negotiate an agreed solution.

(3) if the parties reach a settlement of the dispute, the Tribunal shall agree and record the solution and the solution shall become effective as though the solution was the award of the Tribunal.

(4) where — (a) the Tribunal finds that it is not desirable for him helped the parties negotiate an agreed solution in relation to the claim; or (b) the parties are not able to reach an agreed solution in relation to the claim, the Tribunal shall proceed to decide the dispute.


The right to appear at a hearing 53. (1) on the hearing of a claim every party is entitled to appear and be heard.

(2) no party may be represented by a barrister and solicitor at a hearing unless, in the opinion of the Tribunal article in question involve legal issues that are complex and a party will suffer severe financial hardship if he is not represented 52 laws of Malaysia ACT 672 by a barrister and solicitor; But if a party is allowed then to be represented by a barrister and solicitor then the other party shall also be entitled to the same.

(3) subject to subsection (2), but notwithstanding section 37 of the legal profession Act 1976 — (a) a corporation or group of persons which are not incorporated can be represented by employees of the Corporation or group that the person who paid full time;

(b) a minor or any other person who is unable to be represented by the best friend of attorney or guardian ad litemnya.


(4) where a party is represented as provided under subsection (3), the Tribunal may impose such conditions as he may deem necessary to ensure that the other party to the proceedings is not at substantially less condition placed on the well.


Proceedings shall be open 54. All proceedings before the Tribunal shall be open to the public.


Evidence 55. (1) the Tribunal may — (a) seek and receive all evidence swear or with a pledge, whether written or verbal, and examine all persons as witnesses, as may be deemed necessary by the Tribunal to be obtained, received or inspected;

(b) require the production of books, papers, documents, records or things in his presence;

Management of solid waste and public cleansing management 53 (c) handle any oath, affirmation, or statutory declaration, in accordance with the requirements of the State;

(d) seek and accept any evidence and make such other inquiry as he may deem fit;

(e) call for the parties to the proceedings or any others that appear before it to give evidence or produce any document, record or other thing in his possession or otherwise to assist the Tribunal in pertimbangtelitiannya;

(f) receiving expert evidence; and (g) generally direct and do all things necessary or expedient for accelerate Universiti the claim.

(2) a summons issued under this section shall be communicated and enforced as if the summons is a summons issued by the lower courts.


Tribunal shall act in the absence of the 56. The Tribunal may hear and determine a claim before it even if any party to the proceedings is not present if it is proved to the Tribunal is satisfied that notice of the hearing has been handed over to the parties is not present it accordingly.


57 Tribunal award. (1) the Tribunal shall make awardnya without delay and, if practicable, within sixty days from the first day of the hearing to begin in front of the Tribunal.

(2) an award of the Tribunal under subsection (1) may require one or more of the following: 54 laws of Malaysia ACT 672 (a) so that a party to the proceedings pay money to any other person;

(b) so that the money awarded to memampasi for any loss or damage suffered by the claimant;

(c) so that the cost for or against any party payable;

(d) so that the interest payable on any amount of money or financial award at a rate not exceeding eight per cent per annum, unless agreed otherwise between the parties;

(e) that the claim is rejected.

(3) no nothing in paragraph (2) (d) or (e) shall be deemed to give the Tribunal the power to award any damages for any loss of or damage to non-monetary.

(4) the Tribunal may at any time fix or correct mistakes a keystroke in any award or an error arising from any error or omission not intentional.


Reference to a Judge of the High Court on a question of law 58. (1) before the Tribunal to make an award under section 57, the Tribunal may, in its discretion, refer to a judge of the High Court a question of law — (a) arising during the proceedings;

(b) which, in the opinion of the Tribunal, are sufficiently important to warrant the reference; and (c) the determination by the Tribunal gives rise, in the opinion of the Tribunal, sufficient doubt to warrant such reference.

Solid waste management and public cleansing 55 (2) if the Tribunal refer any question of law under subsection (1) for the decision of the High Court judge, the Tribunal shall make awardnya with conformable to the decision.

(3) Federal Counsel authorized by the Attorney General for that purpose can be present on behalf of the Tribunal in any proceedings before a judge of the High Court under this section.


The reason the results 59. The Tribunal shall in all proceedings give the reason for the award rendered in such proceedings.


Orders and resolutions shall be recorded in writing 60. The Tribunal shall make or cause to be made a written record of the terms — (a) every agreed solutions reached by the parties under subsection 52 (3); and (b) every award made by them under section 57.


The decision of the Tribunal shall be final 61. (1) every solution agreed upon are 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 the order of the sessions court or Magistrate, as the case may be, and enforced appropriately by any party to the proceedings.

56 laws of Malaysia ACT 672 (2) for the purposes of paragraph (1) (b) in case of an award made by the Tribunal are not complied with, the Secretary of the Tribunal shall send a copy of the award made by the Tribunal to the sessions court or Magistrate, as the case may be, having jurisdiction at the place of intended by the award or at the place where the award is made and the Court shall cause a copy of the note.


Criminal penalties because of failure to comply with 62. (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, to a fine not less than five thousand dollars and not more than ten thousand ringgit or to imprisonment for a term not exceeding two years or to both.

(2) in the case of a continuing offence, offenders may, in addition to the penalties under subsection (1), to a fine not exceeding one thousand dollars for each day or part of a day as long as the offence continues after conviction.


Procedure where no provision is made 63. Subject to this Act and any regulations made under this Act, the Tribunal shall adopt procedures that it considers appropriate and proper.


The lack of form of 64. No proceedings Tribunal or award or other document may be waived or cancelled Tribunal due to lack of form.


Disposal of documents, etc.


65. (1) the Tribunal may, at the conclusion of the proceedings before it, order that any documents, records, material or other property of solid waste management and public cleansing 57 submitted during the proceedings a valid dihantarserahkan to the owner or disposed of in such manner as it thinks fit.

(2) If no person shall accept penghantarserahan documents, records, material or other property referred to in subsection (1), after a period of six months, the ownership documents, records, material or other property shall be deemed to have been transferred to and be vested in the Government.


Act or omission made in good faith 66. No action or suit shall be instituted or maintained in any court against — (a) the Tribunal;

(b) the members of the Tribunal; or (c) any 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 functions and exercise of its powers under this Act.


Regulations in respect of Tribunal 67. (1) the Minister may make such regulations with respect to the Tribunal as may be necessary or expedient.

(2) without prejudice to the generality of subsection (1), regulations may be made — (a) prescribing the responsibilities of members of the Tribunal;

(b) establish a procedure Tribunal;

(c) prescribing the forms to be used in proceedings under this part;

58 laws of Malaysia ACT 672 (d) fix and impose fees and provide for the manner of collection and payment of the fee;

(e) prescribing any other matter are required to be prescribed under this section.


PART VII ASSUMPTION of CONTROL Interpretation 68. In this section, unless the context otherwise requires — "licensee" includes — (a) any person holding a licence under this Act;

(b) a person who is exempted from holding a licence granted under this Act; and (c) any person holding, controlling or handling assets forming part of the solid waste and public cleansing management services.


The licensee shall notify the Corporation 69. Any licensee who found that — (a) it is insolvent; or (b) it has suspended payments to any extent affect its operation, shall immediately notify the Corporation about the fact that.


Solid waste management and public cleansing Action of the Corporation in respect of 59 licensee in certain circumstances 70. (1) if the Corporation — (a) was notified by the licensee of any of the circumstances referred to in section 69; or (b) is satisfied that — (i) that the license or authorization holder of a licence has been revoked and the licensee continued to provide solid waste and public cleansing management services berlanggaran with this Act or any regulations made under this Act;

(ii) that has the occurrence or contravention by the licensee of any such Corporation instructions serious up to make it not proper for the licensee to continue to hold licences;

(iii) that the license holder or insolvent has suspend payment to any extent affect its operation or that there are facts or circumstances that are likely to lead to a licensee becomes insolvent or suspends payments to licensee to any extent affect its operation; or (iv) that the licensee has violated any of the provisions of this Act or in breach of any conditions of his/her license so seriously until making it inappropriate for the licensees continue to hold licences, the Corporation may, by order published in the Gazette, exercise any one or more of the following powers as it regards necessary: 60 laws of Malaysia ACT 672 (A) require the licensee to take any steps , actions or to do or not to do any act or thing in respect of the licensee or business, directors or officers as may be specified, and in the period, by the Corporation in that order;

(B) Notwithstanding anything contained in any written law or any limits contained in the document on the establishment of a licensee, remove a licensee from his post with effect from the date specified in the order;

(C) Notwithstanding anything contained in any written law or any limits contained in document establishment of licensees, in particular, the limit on the maximum or minimum number of Directors — (i) remove any Director licensee from his post with effect from the date specified in the order; or (ii) appoint one or more as a Director or directors of the licensee and provide for any person appointed to such paid such advice by the holder of the license as specified in the order; or (D) appoint any person to advise the licensee in relation to the conduct of its business and is supposed to provide for such person appointed paid such remuneration by the licensee as specified in the order.

(2) the powers of the Corporation under paragraph (1) (B), (C) and (D) shall be carried out only with the consent of the Minister in advance.

(3) if any of the circumstances set out in paragraph (1) (a) and (b) exists in respect of the licensee and the Corporation is of the opinion that it is necessary in the public interest, the Corporation may, whether in solid waste management and public cleansing 61 or not the Corporation has been exercising any of its powers under paragraph (1) (A), (B), (C) or (D), make recommendations to the Minister: (a) that the Corporation took over the control over the whole property , the business and Affairs of the licensee and to undertake overall business and Affairs;

(b) that the Corporation took over control over any part of the property, business and Affairs of the licensee as specified by the Corporation and the conduct of any part of the business and Affairs;

(c) so that the Corporation appoint any person for

exercising any powers of the Corporation under paragraph (a) or (b) on behalf of the Corporation; or (d) so that the expense of the Corporation, or remuneration for such person appointed under paragraph (c), as the case may be, paid out of the assets of the holder of the license with a given priority of all other claims whether secured or unsecured.

(4) if the Minister agrees with the recommendation of the Corporation under subsection (3), he shall make an order which shall be published in the Gazette stating his decision and actions that should be acquired by the Corporation accordingly.

(5) an order of the Corporation under subsection (1) or an order of the Minister under subsection (4) may be amended or replaced from time to time by a further order under subsection (1) or (4), by the Corporation or the Minister, as the case may be.

(6) no order under subsection (1), (4) or (5) may be made unless — (a) the holder of a licence in respect of which the order is to be made; and 62 laws of Malaysia ACT 672 (b) in the case of an order under paragraph (1) (B) or subparagraph (C) (i), officer or Director to be removed from the post, has been given a reasonable opportunity to make representations against, or otherwise in connection with, the proposed order.

(7) Notwithstanding subsection (6), if in the opinion of the Corporation — (a) in the case of an order made by the Corporation under subsection (1) or (5); or (b) in the case of an order made by the Minister under subsection (4) or (5), any delay will harm the interests of generating solid waste or the public or to any group of people, the order can be made in advance and the opportunity to make representations against or otherwise in respect of such order shall, in that case, given immediately after the order is made, and such order may as a result of such representations, whether confirmed or varied or substituted under subsection (5), or cancelled under subsection (8).

(8) an order made under subsection (1), (4) or (5), may be cancelled by the Corporation or the Minister, as the case may be, in such manner as the order is made.

(9) any person who contravenes an order of the Corporation under paragraph (1) (A), (B), (C) or (D) commits an offence and shall, on conviction, to a fine not exceeding two hundred thousand ringgit or to imprisonment for a term not exceeding two years or to both.









Solid waste management and public cleansing 63 PART VIII CONTROL OVER GENERATING SOLID WASTES and the PERSON in POSSESSION of SOLID WASTES REGULATED Prohibition against pelonggokan, processing, etc., of solid waste under control without the permission of 71. (1) No person shall melonggokkan, isolate, menstorkan, save, collect, transfer, transport, deal with or dispose of or causes or permits to be stacked, separated, stored, collected, stored, transported, transferred, manipulated or disposed of any solid waste under control other than in accordance with this Act.

(2) all solid waste must be controlled, manipulated, stored stacked, stored or disposed of only in facilities solid waste management is licensed under this Act.

(3) Notwithstanding subsection (2), the Director-General may, by notification published in the Gazette, specify any category of solid waste under control that can be stacked, manipulated, saved, stored or disposed of other than in accordance with this Act or any regulations made under this Act or in the area in addition to solid waste management facilities.

(4) in the exercise of its powers under subsection (3), the Director General shall take into account — (a) any solid waste under control enough small or temporary nature until solid waste under control could be exempted from the application of subsection (2);

(b) any means of processing or disposal of any solid waste under control is not very dangerous up to solid waste that can be exempted from the application of subsection (2); and (c) the matters for which adequate control provided for under any other written law.

64 the laws of Malaysia ACT 672 (5) no owner or occupier of solid waste management facilities licensed can receive, process or manipulation of any solid waste under control other than in accordance with this Act.

(6) any person in possession of any controlled solid waste shall without unnecessary delay unreasonable inform the Director-General of any landfill controlled radiators or not intended in any place or area, other place or area that the person is authorized under this Act for the disposal of any solid waste under control.

(7) any owner or occupier of any premises shall take all reasonable steps to avoid a regulated landfill not permitted in its premises and shall without unnecessary delay unreasonable inform the Director-General on the unauthorised disposal.

(8) any person who contravenes subsection (1) or (5) commits an offence and shall, on conviction, liable to a fine of not less than ten thousand dollars and not exceeding one hundred thousand ringgit or to imprisonment for a term not less than six months and not exceeding five years or both.


Prohibition against the release of solid waste under control unauthorised 72. (1) any person who has in his possession any controlled solid waste shall take all reasonable steps to prevent you think any solid waste under control of his possession.

(2) No person shall cause, help, aiding and abetting or permitting you think any solid waste under control of the possession of others.

(3) any person who contravenes subsection (1) or (2) commits an offence and shall, on conviction, liable to a fine of not less than ten thousand dollars and not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding five years or both.

Solid waste management and public cleansing 65 solid waste shall be placed in containers or in site pelonggokan solid waste controlled 73. (1) any thing placed in any container, or Chamber former solid waste under control, with the aim that the emptied containers or

moved, or stacked in any place caused so that prepared by the Director General or the Corporation for collection and disposal of solid waste under control shall be deemed to be waste, unless the contrary is proved.

(2) No person shall, unless the person is licensed under this Act to collect solid waste, can sort, tease or otherwise interfere with any container or Chamber-controlled solid waste containers, placed with a view so that the containers emptied, or dilonggokan in any place caused so that prepared by the Director General or the Corporation for collection and disposal of solid waste under control — (a) regardless of who provides the container or cause the container provided; and (b) whether or not the container used for the purpose of public or private.

(3) any person who contravenes subsection (2) commits an offence and shall, on conviction, to a fine not exceeding one thousand dollars.

(4) the Director may exempt a collection of solid waste which can be recycled by a charity group or any organization from the provisions of subsection (2).


The power to direct that controlled segregated solid waste, handled and stored 74. (1) the Director may give directions in writing as he may deem fit to any person with respect to isolation, 66 laws of Malaysia ACT 672 handling and storage of any solid waste under control in the possession of such person for the purpose of ensuring compliance with this Act.

(2) any person who fails to comply with directions under subsection (1) commits an offence and shall, on conviction, to a fine not exceeding one thousand dollars.


The power to direct that controlled solid waste diverted 75. (1) where any person has in his possession any controlled accumulated solid waste or any consignment of controlled waste on any land or premises which is berlanggaran with this Act, which causes nuisance or adversely affect health or disruption to the surrounding area, the Director-General may, by notice in writing delivered to that person, direct that person so send solid waste under control it within the time specified in the instructions to any solid waste management facilities or any area determined by the Director General to processing or disposal.

(2) a direction under subsection (1) may require the person who directed it to send solid waste under control that pay the cost of processing or landfill controlled it.

(3) if the regulated solid waste not delivered as directed under subsection (1) — (a) the Director General shall cause the regulated solid waste collected by any person authorized by the Director General; and (b) costs incurred in collecting solid wastes controlled by the person authorized under paragraph (a) shall be a debt due to the Government and shall be be obtained accordingly.

(4) the Director General shall, on application made by any person and with such conditions as he thinks fit allow solid waste management and public cleansing 67 storage of any type of solid waste that can be recycled or any consignment of solid waste under control in any premises.

(5) any person who fails to comply with the instructions under this section commits an offence and shall, on conviction, liable to a fine of not less than ten thousand dollars and not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding six months or both of each.


The power to direct that a regulated landfill stacked or disposed of with unlawful moved 76. (1) if any solid waste regulated stacked or disposed of berlanggaran with this Act, the Director-General may, by notice in writing delivered to — (a) the owner or occupier of the premises;

(b) the person who melonggokkan or dispose of controlled waste;
or (c) generating solid waste, ordered him to so move solid waste under control it from the premises within a period of no more than three days from the date of delivery of the notice.

(2) if the regulated solid waste is not moved as directed under subsection (1), the Director-General may cause the regulated solid waste diverted by any other person authorized by the Director General.

(3) if the Director General of the exercise of the powers conferred upon him under subsection (2), the costs incurred in moving regulated solid waste shall be a debt due to the Government and shall be obtained accordingly from — (a) the owner or occupier of the land or premises unless he proves that he did not make or cause or 68 laws of Malaysia ACT 672 allow pelonggokan solid waste under control and that he took all reasonable steps to avoid pelonggokan the premises;

(b) the person who melonggokkan or dispose of or cause or permit the regulated stacked solid waste or disposed of; or (c) generating solid waste.

(4) the Director may give directions to the owner or occupier of any premises that allow access to the premises for a controlled landfill stacked with unlawful moved by any person authorized by the Director General.

(5) any person who fails to comply with the instructions under subsection (4) commits an offence and shall, on conviction, liable to a fine of not less than ten thousand dollars and not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding six months or both of each.


Offence for causing damage to the vehicle, container or other solid waste management facilities 77. (1) any person because the Act or omission or hasty or careless has resulted in damage to the container, vehicle or solid waste management facility commits an offence and shall, on conviction, liable to a fine of not less than ten thousand dollars 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 penalties under

that subsection, repairing or liable to pay full compensation for the damage that has been doing in the time specified as the Court may think fit.

Solid waste management and public cleansing 69 (3) without prejudice to the generality of subsection (1), any of the Court before which a person is charged with an offence under this Act — (a) may be assessing compensation payable under this section; and (b) may make an order for payment of the compensation, and any such order may be enforced as if the order is a judgment in a civil action.

(4) no nothing can force to release someone whom agreement has been made under section 4 or a licensee from liability arising under subsection (1) and the person or the licensee shall also be liable for any damage that is shown has been caused by any act or omission or hasty or careless person employed by him , or servants or agents.


PART IX PROVISIONS ENFORCEMENT Officer authorized 78. (1) the Director may in writing authorize any officer appointed under section 5, officers of any local authority or officers of the Corporation to exercise enforcement powers under this Act.

(2) any such officer shall be deemed to be public servants within the meaning of the Penal Code [Act 574].

(3) in the exercise of any powers of enforcement under this Act, an officer authorized shall upon request submit to the person against whom he is acting authority issued to him by the Director General.

70 laws of Malaysia ACT 672 (4) the Director General shall have all the powers, functions and duties of an officer duly authorised.


79. Powers of enforcement (1) an authorized officer may for the purposes of enforcing this Act — (a) request and inspect any books, documents, instruments or records and make copies of or take extracts from books, documents, instruments or the record is in the custody or control of any person in respect of any matter under this Act;

(b) visit, enter, examine and inspect with or without prior notice, any solid waste management facilities, land or other premises at any time but cannot be with no need to obstruct or interfere with any work it;

(c) investigate in respect of any solid waste management facilities, land or other premises — (i) to ensure the maintenance and hygiene should be any solid waste management facilities, land or other premises;

(ii) any matter or thing in respect of or in relation to the safety or health of any person who resides around the solid waste management facility or that causes or is likely to cause damage to property;

(iii) the effect of any operation or practice against the comfort of any area or place; or (iv) whether there is a concentration or accumulation of toxic gas or liquid; or solid waste management and public cleansing 71 (d) take samples of any substance or thing found in solid waste management facilities, on the ground or other premises, and a sample of air or water, on or around the solid waste management facilities, land or other premises.

(2) If, during the examination of any facilities solid waste management by the Director General, it was discovered by the Director General that the State solid waste management facilities is such a way that the safety or health of any person who resides around the solid waste management facilities are exposed to danger, Director General of — (a) may take any step, either in the solid waste management facilities affected or on the land adjoining , including closing the solid waste management facilities, as may be found reasonable by the Director General to avoid such danger; and (b) entitled to costs and expenses incurred in doing so from licensees of the solid waste management facilities.


Power of investigation 80. (1) an authorized officer shall have the authority to investigate the Commission of any offence under this Act.

(2) every person required by an officer authorised to give information or produce any document or other items relating to the Commission of any offence that the person has the power to give shall be legally bound to give the information or produce documents or other items.


A search and seize warrant with 81. (1) if found by the Magistrate, based on information given in writing and after such inquiry as it considers necessary, that there is reasonable cause to believe that any of the 72 laws of Malaysia ACT 672 premises have been used or to be used for, or there is in or on any premises, the evidence needed to prove, the Commission of an offence under this Act, the Magistrate may issue a warrant empowering an authorized officer to whom the warrant is directed , at any reasonable time either during the day or night and with or without the help of — (a) to enter any premises and to search, seize and detain any property, equipment, machinery, books, records, documents, canister, container or other goods;

(b) to examine, make copies of, or take extracts from, any books, records, documents or other items seized and detained;

(c) take possession of, and remove from the premises, any property, equipment, machinery, books, records, documents, canister, or other container seized such goods or hold it for such period as may be required;

(d) examine any person in, or in the premises, and for the purposes of the examination, hold the person and transfer them to any place as may be necessary to facilitate the search and seize and hold any property or documents found on that person; or (e) broke open, examine and search any vessel under, container or other articles.

(2) an authorized officer acting under subsection (1) may, if the need to do so — (a) break open any door or in any

the premises and get into the premises;

(b) by violent entry into any premises and every part thereof;

(c) by violence move any barriers to entry, search, seizure, detention or solid waste management and public cleansing 73 the transfer which he is empowered to carry it out;
or (d) detain any person found in any premises searched under subsection (1) until the search is completed.

(3) If, by reason of the type, size or amount, a transfer of any property, equipment, machinery, books, records, documents, canister, container or other goods seized under this section cannot be performed, the authorized officer shall seize, in any way, prevent property, equipment, machinery, books, records, documents, canister, or other container.

(4) any person who, without lawful authority, break, interrupt or impair lak referred to in subsection (3) or moving property, equipment, machinery, books, records, documents, container or vessel under other items dilak or, try to do so commits an offence and shall, on conviction, 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, a fine not exceeding one thousand dollars for each day or part of a
one day such offence continues after conviction.


Search and seize without warrant 82. If an officer is authorised are satisfied on information received that she had reasonable cause to believe that by reason of the delay in obtaining a search warrant under section 81 of the investigation will be affected or evidence of the Commission of an offence may be interrupted, transferred, defaced or destroyed, the officer may enter the premises and perform in, on and in respect of premises that all the powers referred to in section 81 in a way that fully and adequately as if he is given authorized to do so by a warrant issued under that section.



74 laws of Malaysia ACT 672 access to computerised data 83. (1) An authorized officer who is carrying out a search under this Act shall be given access to computerised data either stored in a computer or otherwise.

(2) for the purposes of this section, authorized officers shall be provided with a password, encryption, encrypting code code, software or hardware to be and any other means required for computerised data simultaneously broadening access for you to understand.


The power to stop, search and seize vehicles 84. (1) If an authorized officer has reasonable cause to suspect that any vehicle carry any thing in respect of which an offence under this Act or any regulations made under the Act is being or has been committed, he may stop and inspect the vehicle and may, if upon examination she had reasonable cause to believe that the vehicle is or has been used to commit the offence , seize a vehicle and any thing found in the vehicle reasonably believed to give evidence of the Commission of the offence.

(2) those who control or care of the vehicle shall, if required to do so by authorized officers — (a) stop the vehicle and allow authorized officers to can inspect them; and (b) open up all parts of the vehicle for inspection and take all necessary measures to enable or facilitate the exercise of inspection as may be found necessary by authorized officers.

(3) any person who contravenes subsection (2) commits an offence and shall, on conviction, 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, a fine solid waste management and public cleansing 75 does not exceed one thousand dollars for each day or part of a day such offence continues after conviction.


List of things seized 85. (1) except as provided under subsection (2), if any property, equipment, machinery, books, records, documents, canister, container or other articles, or any vehicle or any thing found in the vehicle, seized under this Act, the officer shall prepare a list of the seizing of objects seized and immediately submit a copy of the list signed by him to — (a) if the premises have been searched under section 81 or 82 , residents of the premises have been searched, or ask your agent or pekhidmatnya, the premises; and (b) where the vehicle or any thing found in the vehicle seized under section 84, the control or care of the vehicle.

(2) if the premises were unoccupied, officials who seize should whenever possible post up the list of things seized it in conspicuous place in the premises.


Temporary return of property, etc., seized 86. If any property, equipment, machinery, books, records, documents, canister, container or other articles, or any vehicle or any thing found in the vehicle, seized under this Act, the Director-General may, at his discretion, return the temporarily the thing to the owner or person from possession, custody or control the thing seized — (a) subject to any terms and conditions imposed by the Director General; and 76 laws of Malaysia ACT 672 (b) subject, in any case, to guarantee adequate given the Director General is satisfied that the thing will be handed over to him when requested or presented before a court having competent jurisdiction.


The power to require the attendance of the person who has knowledge of the case of 87. (1) An authorized officer who is carrying out an investigation under this Act may by order in writing require the attendance before it of any person who in the opinion of the authorized officer has knowledge of the facts and circumstances of the case, and such person shall attend as so required.

(2) if any person refuses to attend as required

so, the authorized officer may report such refusal to a Magistrate shall issue a summons to secure the attendance of such person as may be required by an order made under subsection (1).


Examination of the people with knowledge of the case of 88. (1) An authorized officer who is carrying out an investigation under this Act may examine orally any person alleged to have knowledge of the facts and circumstances of the case.

(2) the person examined under subsection (1) that is legally bound to answer all questions relating to such case put to him by an officer authorized, but that person may refuse to answer any question that the answer may tend to expose him to a criminal charge, or a penalty or forfeiture.

(3) a person who makes a statement under this section shall be legally bound to state the truth, whether or not the statement was made in whole or in part in answering questions.

Solid waste management and public cleansing 77 (4) An authorized officer examining a person under subsection (1) shall first inform that person of the provisions of subsection (2) and (3).

(5) a statement made by any person under this section shall, whenever possible, reduced to writing and signed by the person making it or affixed cap head jarinya, as the case may be — (a) after the statement was read out to him in a language he made it; and (b) after he was given the opportunity to make any corrections he wanted.


Admissibility of statements of 89. (1) except as provided in this section, no statement made by any person to an authorized officers during the investigation made under this Act may be used in evidence.

(2) when any witness called for prosecution or for the defence, other than the accused, the Court shall, at the request of the accused or the Prosecutor, referring to any statement made by the witness to someone authorized officers during an investigation under this Act and may then, if deemed fit by the Court in the interest of Justice, direct that the accused be given a copy of the statement and the statement can be used to challenge the credibility of the witness in the manner provided by the Act Evidence 1950 [Act].

(3) if the accused has made a statement during an investigation, the statement is admissible as evidence in support of his defence during the trial.

(4) no nothing in this section shall be deemed to apply to any statement made during a parade cam or 78 laws of Malaysia ACT 672 included in section 27 or paragraph 32 (1) (a), (i) and (j) of the description of 1950.

(5) upon any person charged with such offences in respect of — (a) manufacturing; or (b) the content of, any statement made by him to a person authorized officers during an investigation made under this Act, the statement can be used as evidence in the prosecution case.


Forfeiture or divestment, etc., seized 90. (1) any property, equipment, machinery, books, records, documents, canister, container or other articles, or any vehicle or any thing found in the vehicle, seized in exercise of any power conferred by this Act shall be dilucuthakkan.

(2) If a prosecution was initiated in respect of any property, equipment, machinery, books, records, documents, canister, container or other articles, or any vehicle or any thing found in the vehicle, under this Act, the Court before which the prosecution was conducted may order forfeiture or release of property, equipment, machinery, books, records, documents, canister, container or other articles, or vehicle or any thing found in the vehicle.

(3) the Court shall order the forfeiture of property, equipment, machinery, books, records, documents, canister, or other container, goods or vehicles or any thing found in the vehicle referred to in subsection (1) if it is proved to the Court is satisfied that an offence under this Act has been committed and that the thing is the matter or has been used in committing the offense , though none has been convicted of the offence.

(4) If no prosecution will be instituted in respect of any property, equipment, machinery, books, records, documents, canister, former or solid waste management and public cleansing 79 others, or any vehicle or any thing found in the vehicle, seized under this Act, the authorized officers that are in its custody the thing held shall notify the person of the possession, custody or control of property , equipment, machinery, books, records, documents, canister, container or other articles, or vehicle or any thing found in the vehicle, seized on the fact that and about the provisions of subsection (7).

(5) a notice under subsection (4) shall be in writing and shall be sent to the address last known to the person concerned.

(6) If no claim is made under subsection (7) within thirty days from the date of delivery of the notice referred to in subsection (4), property, equipment, machinery, books, records, documents, canister, or other container, goods or vehicles or any thing found in the vehicle, seized under this Act shall be taken and deemed to be dilucuthakkan upon the expiry of such period.

(7) a person who insists that he is the owner of the property, equipment, machinery, books, records, documents, canister, or other container, goods or vehicles or any thing found in the vehicle, referred to in subsection (4) and that the thing could not be dilucuthakkan can by himself or by his agent authorized in writing notice to the authorized officers that are in his possession the thing held that he claim the thing.

(8) on receipt of notice referred to in subsection (7), authorized officers shall refer the claim to the Director General that — (a) may direct that the property, equipment, machinery, books, records, documents, canister, or other container, or vehicle items

or any thing found in the vehicle, released; or (b) may direct in writing authorized officers, to refer the matter to the magistrate's Court for a decision.

(9) a magistrate to whom a matter referred under paragraph (8) (b) shall issue a summons requiring — 80 laws of Malaysia ACT 672 (a) those who assert that he is the owner of the property, equipment, machinery, books, records, documents, canister, or other container, goods or vehicles or any thing found in the vehicle; and (b) the person from whom the property, equipment, machinery, books, records, documents, canister, or other container, goods or vehicles or any thing found in the vehicle, seized, to appear before the magistrate and when they are present or when they are not present, but delivery of the summons duly proved, the Magistrate shall proceed with examination of the matter and if it is proved that an offence under this Act has been committed and that the thing is a matter or has been used in making the offence shall order that the property, equipment, machinery, books, records, documents, canister, or other container, goods or vehicles or any thing found in the vehicle, dilucuthakkan and shall, in the absence of such proof, ordered its divestment.

(10) any property, equipment, machinery, books, records, documents, canister, or other container, goods or vehicles or any thing found in the vehicle, which dilucuthakkan or dilucuthakkan shall be deemed to be dihantarserahkan to the Director General and shall be disposed of by the Director General in accordance with the directions of the magistrate.

(11) the Director General may direct that any thing seized under this Act at any time and the proceeds held pending the results of any prosecution or a claim under this section if — (a) the thing is of the type that easily destroyed or simple decay quickly and natural;

(b) care of the thing involving expenses and unreasonable hardship; or (c) the thing believed to cause obstruction or danger to the public.

Solid waste management and public cleansing 81 Cost for holding equipment, etc., seized 91. If any property, equipment, machinery, books, records, documents, canister, container or other articles, or any vehicle or any thing found in the vehicle, seized under this Act held in the custody of the Director-General pending the settlement of any proceedings in respect of an offence under this Act, the costs of holding in custody shall, if any person is found to have committed an offence , be a debt due by the person to the Government and shall be obtained accordingly.


There are no costs or damages arising from seizure can be retrieved 92. No person shall, in any proceedings before any court in respect of any property, equipment, machinery, books, records, documents, canister, container or other articles, or any vehicle or any thing found in the vehicle, seized in exercising or purporting to exercise any of the powers conferred by this Act, be entitled to the costs of the proceedings or to any damages or other relief unless the seizure is made without reasonable cause.


Hurdle 93. Any person who — (a) refuses to give any officer authorized access to any premises which authorized officers is entitled to it under this Act or in the discharge of any duty imposed or power conferred by this Act;

(b) attack, prevent, menggalang or disturbing any authorized officer in the performance of its duties or powers conferred by this Act;

82 the laws of Malaysia ACT 672 (c) refuses to give any authorized officer any information relating to an offence or suspected offence under this Act or any other information that could reasonably be required of them and the knowledge or the power to give it away, commits an offence and shall, on conviction, 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, a fine not exceeding one thousand dollars for each day or part of a day such offence continues after conviction.


Compounding of offences 94. (1) the Director General or the Corporation may, with the consent in writing of the Prosecutor, compound any offence committed by any person under this Act and designated as an offence that can be compounded by regulations made under this Act by making an offer in writing to the person suspected to have committed the offence to compound the offence by paying an amount of money not exceeding fifty per cent of the amount of the maximum fine for the offence to the Director General or Of the Corporation within the time stated in the offer.

(2) an offer under subsection (1) may be made at any time after the offence, but before any prosecution for him started, and if the amount specified in the offer is not paid within the time stated in the offer or in any period of extension may be granted by the Director General or Corporation, a prosecution for the offence may be commenced at any time after that to the person to whom the offer was made.

(3) where an offence has been compounded under subsection (1), no prosecution can then started in respect of the offence against a person to whom an offer to compound the offence has been made.


Solid waste management and public cleansing an initial prosecution 95 83. No prosecution for any offence under this Act shall be instituted except by or with the consent in writing of the Prosecutor.


Offences by body corporate 96. 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 offence committed is a Director, Manager, Secretary or other similar officer

or purporting to act on any such property, or who in any way or up to any extent is responsible for the management of any Affairs of the body corporate, or assist in the management of such — (a) may separately or in association in the same proceedings together with the body corporate;
and (b) if the body corporate is found to have committed the offence, shall be deemed to have committed the offence unless, having regard to the type of functions on the properties and all the circumstances, he proves — (i) that the offence was committed without the knowledge, consent or pembiarannya; and (ii) that he took all reasonable steps and exercise all due diligence to prevent the Commission of the offence.


Delivery of document 97. (1) delivery of a document to any person shall be executed — 84 laws of Malaysia ACT 672 (a) by menghantarserahkan the document to that person or with menghantarserahkan the document to an adult member of his family in the person's place of residence last known;

(b) by leaving the document at the place of residence or business of such person or last known in an envelope addressed to the person; or (c) by sending it by registered post addressed to such person at the place of residence or business of such person or the last known.

(2) a document required to be served upon the owner or occupier of any premises — (a) shall be deemed to have been properly addressed if addressed with the description "owner" or "residents" of the premises without further description or name; and (b) may be served — (i) by menghantarserahkan the document to an adult on the premises thereof; or (ii) if there is no such person in the premises to which the document can with reasonable effort, through advertising dihantarserahkan at least in one local newspaper.


Inaccuracies in the 98 document. (1) no misnomer or inaccuracy description any person or premises named or described in any document provided, issued or delivered for the purposes of this Act or any regulations made under this Act may in any way affect the coming into operation of this Act or any regulations made under the Act in respect of the person of solid waste management and public cleansing 85 or the place if the person or the place stated in the document such that can known for sure.

(2) no proceeding taken under or by virtue of this Act or any regulations made under this Act may not be valid because of bad form.


Kebertanggungan pemindah 99 title. (1) every person who sells or transfer title to any property in respect of which costs and expenses have been made by the Director General or the licensee, as the case may be, on or while performing any work which, under this Act, may be obtained from the owner of the property shall continue to be liable for the payment of all costs and expenses payable in respect of such property and for the implementation of all other obligations imposed by this Act on the owners of the property on which a due or to be exercised at any time before the transfer is to take effect.

(2) there is nothing in this Act shall affect the kebertanggungan buyer or transferee such title to pay costs and expenses in respect of property referred to in subsection (1) or affect the right of the Director-General or the licensee, as the case may be, to get the costs and expenses of, or to enforce any obligations under this Act to the purchaser or transferee, ownership of it.


Solid waste management facilities installed or built without permission before the commencement of this Act 100. (1) if the Director General is satisfied on reasonable grounds that — (a) any solid waste management facilities have been installed or built without permission under any written law before the commencement of this Act; and 86 laws of Malaysia ACT 672 (b) continuation of the existence of the solid waste management — (i) is such a way that the safety or health of any person who resides around the solid waste management facilities are exposed to danger; or (ii) likely to use berlanggaran with this Act, the Director-General may make a complaint in writing to the magistrate.

(2) on receipt of a 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 when he is present or absent, but delivery of the summons duly proved, magistrate shall proceed with the hearing of the complaint and may — (a) rejecting the complaint; or (b) make an order the demolition of the solid waste management facilities within the period specified in the order.

(3) any person who fails to comply with an order made under paragraph (2) (b) commits an offence and shall, on conviction, liable to a fine of not less than ten thousand dollars and not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding six months or to both.

(4) upon the expiry period specified in an order under paragraph (2) (b), the Director-General may order it and the cost for the work shall be a debt due to the Government and shall be be obtained accordingly.








Solid waste management and public cleansing 87 part X REDUCTION and RECOVERY of SOLID WASTE CONTROLLED Reduction, re-use and recycling of solid waste under control 101. (1) the Minister may, by order published in the Gazette, require — (a) any generating solid waste to reduce the generation of solid waste regulated by any other means or method;

(b) any person to use environmentally friendly materials;

(c) any person to use a certain amount of recycled materials for certain products;

(d) any person to limit the production,

the importation, production, use or disposal of certain materials or products;

(e) the implementation of the code and labeling for such products or materials to encourage recycling;

(f) the use of any method or manner for the purpose of reducing the adverse effects of controlled waste on the environment; and (g) the use of any method or other means for the purpose of reduce, reuse and recycle solid waste under control.

(2) any person who fails to comply with an order made under subsection (1) commits an offence and shall, on conviction, to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding six months or to both.

88 the laws of Malaysia ACT 672 the system accept and deposit refund system 102. (1) the Minister may, by order published in the Gazette establish system receive a — (a) require the release or certain goods used to be accepted back by the manufacturer, Installer, Distributor and importer or manufacturer, Installer, so that the importer or the distributor shall bear its own costs and expenses to recycle or dispose of any products or goods received back a certain manner;

(b) require that any person shall send products or items to the manufacturer, Installer, distributor or the importer; and (c) require that any distributor of certain products and goods to receive and menstorkan products and certain goods received back.

(2) the Minister may, by order published in the Gazette, establish a deposit refund system and determine — (a) certain products and goods;

(b) the amount of a refund of the deposit;

(c) labeling products and goods; and (d) the obligations of distributors of products and goods.

(3) any person who contravenes any order made under subsection (1) and (2) commits an offence and shall, on conviction, to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding six months or to both.




Solid waste management and public cleansing 89 PART XI AM Fund Management of solid waste and public cleansing management 103. (1) a fund known as the "Fund Management of solid waste and public cleansing" established and shall be controlled and operated by the Corporation.

(2) the Fund Management of solid waste and public cleansing management shall consist of — (a) any sum of money was contributed by the State Government and local authorities under any arrangements made pursuant to the Federal Constitution;

(b) all moneys received from the charges, fees or levies imposed under section 30;

(c) all money allotted from the Federal Government for the management of solid waste and public cleansing.

(3) the Fund Management of solid waste and public cleansing shall be expended for the purposes of the following: (a) to pay the costs incurred following the agreement made under section 4; and (b) pay charges, fees or levies relating to the instructions given by the Director General under subsection 23 (5) to perform services solid waste and public cleansing management services.

(4) the Corporation shall cause to account for the proper Management of solid waste and public cleansing management and reporting activities should respect the Fund kept and shall, as soon as practicable after the end of each financial year, cause to be prepared for that financial year — 90 laws of Malaysia ACT 672 (a) a statement of account shall include a balance sheet and accounts of contributions and expenses; and (b) a statement of its activities.

(5) the Corporation shall as soon as may send a copy of a statement certified by the Auditors and a copy of the Auditors ' report to the Minister and the Minister shall cause to be the statement and the report laid before Parliament the second-two.


Power to exclude 104. (1) the Minister may, if it deems consistent with the purposes of this Act or in the public interest, by order published in the Gazette, exempt any person, vehicle, premises or facilities solid waste management or any class of persons, vehicles, premises or facilities solid waste management from all or any provisions of this Act or any regulations made under this Act for such period and subject to such conditions as may be specified by the Minister and he can change or add to the terms has been 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 not be granted again.


Protection of the Director General and other officers 105. No action or prosecution can be brought, instituted or maintained in any court against — (a) the Director General, Deputy Director General, Director, Deputy Director, Assistant Director or any other officer appointed or duly authorized under this Act to or due to or in respect of any act directed or performed for the purpose of implementing Act solid waste management and public cleansing 91 and any regulations made under this Act; and (b) any other person for any act done or purporting to be done under an order, direction or instruction of the Director General, Deputy Director General, Director, Deputy Director, Assistant Director or any other officer duly appointed under this Act if the act done in good faith and with a reasonable belief that the Act necessary for the purposes that are intended to be achieved through it.


Jurisdiction to try the offence of 106. Notwithstanding any other written law to the contrary, the sessions Court shall have jurisdiction to try any offence under this Act or any regulations made under this Act, and impose a sentence full for any such offence.


Penalties am 107. Any person who commits an offence under this Act

for which there are no penalty expressly provided shall, on conviction, to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding one year or to both.


Regulation 108. (1) the Minister may make regulations as may be expedient or necessary for the conduct of better 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: 92 laws of Malaysia ACT 672 (a) prescribing the standards and specifications for the design, construction, operation and maintenance of any solid waste management facilities set;

(b) prescribing the method or manner of collection, transportation, treatment or disposal of controlled waste including solid waste type which requires controlled olahan prior to disposal;

(c) prescribing the scheme for carrying out solid waste management services including the duties and obligations of licensee and generating solid waste, geographical area, type of solid waste under control and services to be provided;

(d) prescribing the design, type and number of containers shall be prepared and materials or anything that can or cannot be placed in the container;

(e) prescribing the specifications and requirements for vehicles used in the transportation of solid waste under control;

(f) prescribing the method or manner and level of recycling by any solid waste management facilities set;

(g) prescribing any controlled as solid waste solid waste that can be recycled and the obligation of any person to separate solid waste that can be recycled;

(h) prescribing the duty of any person to separate solid waste or special requirements for storage in any premises;

(i) prescribing the method or manner for carrying out public cleansing management services;

(j) prescribing the form and content of the licence that shall be granted under this Act, the conditions shall apply and the fee shall be paid for the license;

Solid waste management and public cleansing 93 (k) prescribing the manner and form to be used and the information to be supplied for any purpose of this Act;

(l) prescribing the form of notification, notice, order or instruction shall be made under this Act and the manner of delivery notifications, notices, orders or directions it;

(m) prescribing offences can be compounded and the form to be used and the methods and procedures for the compounding of offences;

(n) prescribing the charges, fees, levies or rate for late payment charges prescribed under this Act;

(o) prescribing the keeping and maintenance of the register;

(p) prescribing the production data by the owner or occupier of any premises that produce any solid waste under control and any licensee who provides solid waste management services;

(q) prescribing the procedure in taking and managing samples of any solid waste under control;

(r) prescribing the manner and form in respect of plans and specifications for any solid waste management facilities should be submitted under this Act;

(s) prescribing specific qualifications for any person involved in any solid waste management services;

(t) prescribing all other things as are necessary or expedient to set for enforcing this Act or for the purpose of removing any inconvenience caused by the commencement of this Act or any of its provisions.

(2) regulations made under subsection (1) may prescribe any act or omission that violates any of the regulations to be an offence and may prescribe penalties 94 laws of Malaysia ACT 672 fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding six months or both for the offence.


PART XII SAVINGS and TRANSITIONAL savings and transitional 109. Subject to the provisions of this part, any registration, instructions, acts, orders, directives, approval or decision done, made or granted before the date laid down, under any written law relating to solid waste management and public cleansing in accordance with this Act shall be deemed to have been done, made or given under this Act and shall remain in force and effect related to it registration , instructions, acts, orders, directives, approval or the decision was applicable until amended or revoked under this Act or any regulations made under this Act or until the expiration date of the registration, instructions, acts, orders, directives, approval or the decision.


Solid waste management and public cleansing existing 110. (1) all agencies or federal or State Department, local authority or any person who, before the date fixed, authorised under any written law to — (a) operate or provide any solid waste management services;

(b) manage or handle any solid waste management facilities; or (c) cultivating or preparing any public cleansing management services, solid waste management and public cleansing 95 shall continue to be authorized under this Act to operate, provide, manage or operate the facilities and services mentioned earlier for a period of one year from the date specified or for any other period that is extended by the Director General if agencies or federal or State Department, local authority or person authorized is registered with the Director-General within six months or such other period extended by the Director General after the date specified.

(2) the Authorization granted to an agency or federal or State Department, local authority or any person under subsection (1) shall lapse if they are not registered with the Director-General within six months or any extended period referred to in subsection (1) after the date specified.

(3) agency or federal or State Department, local authority or any person may at any time before the expiry of the authorisation request to obtain a licence under this Act to continue to — (a) operate or provide any solid waste management services;

(b) manage or operate any facilities

solid waste management; or (c) cultivating or preparing any public cleansing management services, after the expiry of the authorisation.


Agreement and supplemental agreement existing 111. (1) a person shall only have the authority to carry out the services and activities set out in any agreement and supplemental agreement regarding the management of solid waste and public cleansing management services made by any agency or Department of the federal or State or local authorities for a period of one year from the date appointed for such term 96 laws of Malaysia ACT 672 other extended by the Director-General if such person to lodge a copy of the agreement and supplemental agreement certified by The Director General within six months from the date specified or for any other period that is extended by the Director General.

(2) the Authorization given to a person authorized under subsection (1) shall lapse if they are not registered with the Director-General within six months or any extended period referred to in subsection (1) after the date specified.

(3) a person authorized under subsection (1) shall as soon as possible after lodge agreement and supplementary agreements, but in any case not later than six months after the date of lodgement of that, the start agreement and the supplementary agreement with the Federal Government and other parties to the agreement and the additional agreement in order to address any issue of national interest arising from the date specified.

(4) a determination as to what is about addressing as national interest arising from the date specified shall be made by the Minister and such determination shall be final and binding on all persons and cannot be challenged, dirayukan, revised, cancelled or questioned in any court.

(5) if the amendment is made when the agreement or a supplementary agreement negotiated again it concluded, the Director General shall register the agreement amended it.

(6) Notwithstanding any other provision of this Act or any other written law, failure to a person authorized under this section to start the agreement and supplementary agreements as may be required under subsection (3) shall be a reason for authorization referred to in subsection (1) is cancelled or for a licence under this Act is not given to that person.

(7) If an authorization has been revoked under subsection (6) or if the license is not given on the ground specified in subsection solid waste management and public cleansing 97 (6), the Federal Government, the Minister or the Director-General shall not be liable — (a) to pay any compensation to; and (b) for any loss or damage suffered or incurred by, people affected by the cancellation of the authorisation or refusal to grant the license.


Solid waste management facility existing 112. (1) any solid waste management facilities approved under any written law prior to the date specified shall be deemed to have been approved under section 10.

(2) the Director General may, at any time if he is satisfied that solid waste management facilities approved does not meet the current needs of the effects of the environment, quality and service levels of solid waste management or public health, deliver to the owner or occupier of the facility a notice in writing of his intention to require the owner or occupant in order to apply for a new approval under section 11.







98 laws of MALAYSIA Act 672 ACT SOLID WASTE MANAGEMENT and PUBLIC CLEANSING 2007 LIST AMENDMENT of laws that amend the short title effect from P.U. (B) 358/2007 Act solid waste management and public cleansing 2007 Correction 09-10-07 99 laws of MALAYSIA Act 672 ACT SOLID WASTE MANAGEMENT and PUBLIC CLEANSING 2007 LIST SECTION AMENDED Section Power amend with effect from the date of Royal assent of the P.U. (B) 358/2007 09-10-07