SOLID WASTE AND PUBLIC CLEANSING MANAGEMENT ACT 2007

Solid Waste and Public Cleansing Management LAWS OF MALAYSIA REPRINT Act 672 SOLID WASTE AND PUBLIC CLEANSING MANAGEMENT ACT 2007 As at 1 November 2017 PUBLISHED BY THE COMMISSIONER OF LAW REVISION, MALAYSIA UNDER THE AUTHORITY OF THE REVISION OF LAWS ACT 1968 2017 1 2 Act 672 Laws of Malaysia SOLID WASTE AND PUBLIC CLEANSING MANAGEMENT ACT 2007 Date of Royal Assent … … … … 28 August 2007 Date of publication in the Gazette … … 30 August 2007 Solid Waste and Public Cleansing Management 3 LAWS OF MALAYSIA Act 672 SOLID WASTE AND PUBLIC CLEANSING MANAGEMENT ACT 2007 ARRANGEMENT OF SECTIONS Part I PRELIMINARY Section 1. Short title, application and commencement 3. Federal Government to have executive authority 2. 4. Interpretation Agreement regarding solid waste management services and public cleansing management services Part II ADMINISTRATION 5. 6. 7. Appointment of Director General, Deputy Director General and other officers Functions and powers of Director General Power of Minister to give directions Part III APPROVAL FOR THE CONSTRUCTION, ALTERATION OR CLOSURE OF PRESCRIBED SOLID WASTE MANAGEMENT FACILITIES 8. Construction or alteration of prescribed solid waste management facilities 10. Grant or refusal of approval 9. Recommendation by the Corporation 4 Laws of Malaysia Act 672 Section 11. Review of approval 12. Application to close any prescribed solid waste management facilities 13. Right of appeal to the Minister Part IV LICENSING PROVISIONS 14. Requirement for licence 15. Power to exempt from requirement for licence 16. Application for licence 17. Additional information or document 18. Recommendation by the Corporation 19. Grant or refusal of licence 20. Compliance with licence conditions 21. Power to impose additional, vary or revoke conditions 22. Transfer of licence 23. Suspension and revocation of licence 24. Effective date of revocation of licence 25. Surrender of licence 26. Renewal of licence 27. Effect of revocation, surrender or non-renewal of licence 28. Register of licence 29. Right of appeal to the Minister Part V CHARGES 30. Power to impose charges, etc. 31. Recovery of controlled solid waste charges, fees or levy 32. Failure or refusal to pay charges, fees or levy Solid Waste and Public Cleansing Management Part VI TRIBUNAL FOR SOLID WASTE MANAGEMENT SERVICES Section 33. Meaning of “interested person” 34. Establishment of Tribunal for Solid Waste Management Services 35. Membership of Tribunal 36. Temporary exercise of functions of Chairman 37. Vacation of office 38. Revocation of appointment 39. Resignation 40. Filling of vacancy 41. Remuneration 42. Secretary to Tribunal and other officers 43. Sittings of Tribunal 44. Commencement of proceedings 45. Jurisdiction of Tribunal 46. Limitation of jurisdiction 47. Extension of jurisdiction by agreement 48. Abandonment to bring claim within jurisdiction 49. Cause of action not to be split 50. Exclusion of jurisdiction of court 51. Notice of claim and hearing 52. Negotiation for settlement 53. Right to appear at hearings 54. Proceedings to be public 55. Evidence 56. Tribunal may act in absence of party 57. Awards of the Tribunal 58. Reference to a Judge of the High Court on a question of law 5 6 Laws of Malaysia Act 672 Section 59. Reasons for decision 60. Orders and settlement to be recorded in writing 61. Decisions of Tribunal to be final 62. Criminal penalty for failure to comply 63. Procedure where no provision is made 64. Want of form 65. Disposal of documents, etc. 66. Act or omission done in good faith 67. Regulations in respect of the Tribunal Part VII ASSUMPTION OF CONTROL 68. Interpretation 69. Licensee to inform Corporation 70. Action of Corporation in respect of licensee in certain circumstances Part VIII CONTROL OF SOLID WASTE GENERATORS AND PERSONS IN POSSESSION OF CONTROLLED SOLID WASTE 71. Prohibition against unauthorized depositing, treatment, etc., of controlled solid waste 72. Prohibition against unauthorized escape of any controlled solid waste 73. Waste placed in receptacles or deposit sites for controlled solid waste 74. Power to direct for controlled solid waste to be separated, handled and stored 75. Power to direct controlled solid waste to be removed 76. Power to direct removal of unlawful depositing or disposing of controlled solid waste 77. Offences for causing damage to vehicles, receptacles or other solid waste management facilities Solid Waste and Public Cleansing Management 7 Part IX ENFORCEMENT PROVISIONS Section 78. Authorized officers 79. Power of enforcement 80. Power of investigation 81. Search and seizure with warrant 82. Search and seizure without warrant 83. Access to computerised data 84. Power to stop, search and seize vehicle 85. List of things seized 86. Temporary return of seized property, etc. 87. Power to require attendance of person acquainted with case 88. Examination of person acquainted with case 89. Admissibility of statements 90. Forfeiture or release of seized property, etc. 91. Cost of holding seized property, etc. 92. No costs or damages arising from seizure to be recoverable 93. Obstruction 94. Compounding of offences 95. Institution of prosecution 96. Offences by body corporate 97. Service of document 98. Inaccuracies in documents 99. Liability of transferor 100. Solid waste management facilities installed or constructed without approval before the coming into operation of this Act Part X REDUCTION AND RECOVERY OF CONTROLLED SOLID WASTE 101. Reduction, reuse and recycling of controlled solid waste 102. Take back system and deposit refund system 8 Laws of Malaysia Act 672 Part XI GENERAL Section 103. Solid Waste and Public Cleansing Management Fund 104. Power to exempt 105. Protection of Director General and other officers 106. Jurisdiction to try offences 107. General penalty 108. Regulations Part XII SAVINGS AND TRANSITIONAL 109. Savings and transitional 110. Existing solid waste and public cleansing management services 111. Existing agreements and supplementary agreements 112. Existing solid waste management facilities Solid Waste and Public Cleansing Management 9 LAWS OF MALAYSIA Act 672 SOLID WASTE AND PUBLIC CLEANSING MANAGEMENT ACT 2007 An Act to provide for and regulate the management of controlled solid waste and public cleansing for the purpose of maintaining proper sanitation and for matters incidental thereto. [States of Perlis, Kedah, Pahang, Negeri Sembilan, Malacca and Johore, and the Federal Territories of Kuala Lumpur and Putrajaya—1 September 2011] WHEREAS sanitation is a matter within the Concurrent List in the Ninth Schedule to the Federal Constitution: AND WHEREAS matters relating to the management of controlled solid waste and public cleansing are now administered by the various local authorities: AND WHEREAS it is expedient for the purpose of ensuring uniformity of law and policy to make a law for the proper control and regulation of matters relating to the management of controlled solid waste and public cleansing throughout Peninsular Malaysia and the Federal Territories of Putrajaya and Labuan: AND WHEREAS it is also expedient that provisions be made to confer executive authority on the Federation for matters relating to the management of controlled solid waste and public cleansing throughout Peninsular Malaysia and the Federal Territories of Putrajaya and Labuan: NOW, THEREFORE, in accordance with Clause (1) of Article 74 and Clause (2) of Article 80 of the Federal Constitution, IT IS ENACTED by the Parliament of Malaysia as follows: 10 Laws of Malaysia Act 672 Part I PRELIMINARY Short title, application and commencement 1. (1) This Act may be cited as the Solid Waste and Public Cleansing Management Act 2007. (2) This Act applies to Peninsular Malaysia and the Federal Territories of Putrajaya and Labuan. (3) This Act comes into operation on a date to be appointed by the Minister by notification in the Gazette and the Minister may appoint different dates— (a) for the coming into operation of this Act in different parts of Peninsular Malaysia and the Federal Territories of Putrajaya and Labuan; (b) for the coming into operation of different provisions of this Act; or (c) for the coming into operation of different provisions of this Act in different parts of Peninsular Malaysia and the Federal Territories of Putrajaya and Labuan. Interpretation 2. In this Act, unless the context otherwise requires— “prescribed”, unless otherwise specified, means prescribed by way of regulations made under this Act; “public roads” means any public road which is currently repaired or maintained by a local authority or which has been transferred to or has become vested in the local authority under any written law and includes any street, square, court, alley, lane, bridge, footway, track, bridle-path, passage, tunnel, lay-by, interchange, round-about, traffic island, road divider, traffic lane, acceleration lane, deceleration lane, side-table, median strip, overpass, underpass, approach, entrance or exit ramp whether a thoroughfare or not, over which the public have a right of way, Solid Waste and Public Cleansing Management 11 but shall not include any Federal road, State road, highway, bridge, tunnel or anything connected to that road which is maintained and kept by any Federal or State authority or any private person or private bodies; “nuisance” has the meaning assigned to it in section 2 of the Local Government Act 1976 [Act 171]; “solid waste management facilities” means any land, fixed or mobile plant and systems incorporating structures, equipment used or intended to be used for the handling, storage, separation, transport, transfer, processing, recycling, treatment and disposal of controlled solid waste and includes transfer stations, disposal sites, sanitary landfill, incinerators and other thermal treatment plants, recycling plants and composting plants; “Director General” means the Director General of Solid Waste and Public Cleansing Management appointed under section 5; “recycling” means to collect and separate solid waste for the purpose of producing products; “Minister” means the Minister charged with the responsibility for solid waste and public cleansing management; “market” has the meaning assigned to it in section 2 of the Local Government Act 1976; “authorized officer” means any officer appointed under section 5, officer of any local authority as defined in the Local Government Act 1976 or officer of the Corporation authorized in writing by the Director General for the purposes of this Act; “disposal” means the disposal of any solid waste by any means including destruction, incineration, deposit or decomposing; “licensee” means a person who is licensed under this Act; “owner”— (a) in relation to any premises, means— (i) the registered proprietor of the premises; or (ii) the lessee, including a sub-lessee, of the premises whether registered or otherwise; 12 Laws of Malaysia Act 672 (b) in relation to any subdivided building means— (i) the registered proprietor of a parcel held under a separate strata title; (ii) the lessee, including a sub-lessee, of the subdivided building whether registered or otherwise; or (iii) the management corporation or any other similar body approved under any written law and any subsidiary proprietor; (c) means the agent or trustee of any of the persons described in paragraph (a) and subparagraph (b)(i) or, if that person cannot be traced or has died, his legal personal representative; (d) if the premises are part of a development for which separate titles are required to be applied for under any written law in operation but separate titles have yet to be issued, means— (i) the person with whom the developer has entered i