Construction or alteration of prescribed solid waste management facilities
Open ↗(1) No person shall construct any prescribed solid waste management facilities unless the relevant plans or specifications which require the approval of the Director General have first been approved in writing by the Director General.
(2) No person shall undertake any alteration of any prescribed solid waste management facilities which may—
(a) affect the performance of the solid waste management facilities;
(b) cause adverse environmental impact;
(c) impede the quality and level of solid waste management services;
(d) adversely affect public health; or
(e) affect the overall planning of solid waste management services,
unless the relevant plans or specifications which require the approval of the Director General have first been approved in writing by the Director General.
(3) An application for the approval of the Director General under subsections (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 seeking the approval of the Director General under subsection (1) or (2) to submit to the Corporation such information and document in a form and manner and within the time as may be prescribed.
(5) If a person fails to comply with subsection (4), the person’s application for approval shall be deemed to be withdrawn without affecting the person’s right to submit a fresh application.
(6) The Corporation may give written directions to the person seeking the approval of the Director General under subsections (1) and (2) with regard to the compliance with this Act or any regulations made under this Act.
(7) The person to whom any written directions are given under subsection (6) shall comply with such directions and where necessary, amend the plans and specifications accordingly and resubmit the amended plans and specifications to the Corporation in a manner and within the time as the Corporation may specify.
(8) If the person referred to in subsection (7) fails to comply with the written directions of the Corporation, the person’s application shall be deemed to be withdrawn without affecting the person’s right to submit a fresh application.
(9) A person who—
(a) constructs or alters any prescribed solid waste management facilities without the plans and specifications which are required to be approved by the Director General being first approved in writing by the Director General; or
(b) constructs or alters any prescribed solid waste management facilities not in accordance with approved plans and specifications,
commits an offence and shall, on conviction, be liable to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding five years or to both.
(10) If an offence is proved under subsection (9), the court shall make an order requiring the person to alter the prescribed solid waste management facilities so as to comply with the approved plans and specifications within a period specified in the order and if he fails to comply with the order, he commits an offence and shall, on conviction, be liable 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 a continuing offence, be liable to a fine not exceeding five thousand ringgit for every day or a part of a day during which the offence continues after conviction.
Recommendation by the Corporation
Open ↗(1) The Corporation shall within sixty days from the receipt of the application under subsection 8(3), submit a written recommendation to the Director General as to whether or not the approval should be granted to the person seeking the approval of the Director General under subsection 8(1) or (2).
(2) The written recommendation of the Corporation shall specify the reasons for its recommendation and any special conditions which that person should be subjected to if the Corporation recommends to the Director General to grant the approval.
Grant or refusal of approval
Open ↗(1) The Director General may, after considering the application for approval under subsection 8(1) or (2) and having due regard to the recommendation of the Corporation under section 9, grant the approval or refuse to grant the approval.
(2) In granting the approval to the person referred to in subsection 8(1) or (2), the Director General may impose such terms and conditions as he thinks fit.
(3) The decision of the Director General to grant or not to grant an approval shall be communicated to the person referred to in subsection 8(1) or (2) as soon as practicable.
Review of approval
Open ↗(1) The Corporation may from time to time submit a written recommendation to the Director General as to whether the approval granted under section 10 should be reviewed.
(2) The Director General may, having due regard to the recommendation of the Corporation under subsection (1), review the approval granted under section 10 if he is satisfied that the approved solid waste management facility does not conform to any requirements pertaining to environmental impact, quality and level of solid waste management services or public health.
(3) The Director General may serve upon the owner or occupier of the approved solid waste management facility a written notice of his intention to require the owner or occupier to apply for a fresh approval.
(4) The Director General shall give the owner or occupier an opportunity to make written submission within a period specified in the written notice which shall not be less than thirty days.
(5) After the expiry of the period specified in the notice, the Director General shall, after considering any written submission made by the owner or occupier and having due regard to any recommendation of the Corporation, decide whether or not to require the owner or occupier to apply for a fresh approval.
(6) The Director General shall give the owner or occupier a written notice of his decision under subsection (5) as soon as practicable.
Application to close any prescribed solid waste management facilities
Open ↗(1) Any owner or occupier who intends to close any prescribed solid waste management facilities, may apply to the Director General by submitting a written application and a proposed closure plan to the Corporation.
(2) The Corporation may, after the receipt of an application under subsection (1), request the owner or occupier to give further information or document within the period specified in the request or any extension of time granted by the Corporation.
(3) If the owner or occupier fails to comply with subsection (2), the application shall be deemed to be withdrawn without affecting the owner or occupier’s right to submit a fresh application.
(4) The Corporation shall within sixty days from the receipt of the application under subsection (2), submit a written recommendation to the Director General as to whether or not the application should be allowed.
(5) The written recommendation of the Corporation shall specify the reasons for its recommendation and any special conditions which the owner or occupier should be subjected to if the Corporation recommends to the Director General to allow the application.
(6) The Director General shall, after considering the application under subsection (1) and having due regard to the recommendation of the Corporation—
(a) allow the application with or without conditions; or
(b) reject the application and direct the owner or occupier to submit a fresh application and closure plan.
(7) Any owner or occupier who closes any prescribed solid waste management facility without the approval of the Director General commits an offence and shall, on conviction, be liable to a fine not less than one hundred thousand ringgit and not exceeding five hundred thousand ringgit or to imprisonment for a term not exceeding five years or to both.
Right of appeal to the Minister
Open ↗(1) Any person who is aggrieved by any decision of the Director General under this Part may appeal to the Minister in the prescribed manner within fourteen days from the date the decision is communicated to such person.
(2) The Minister’s decision on an appeal under subsection (1) shall be final and binding.
Source: Laws of Malaysia, Attorney General's Chambers of Malaysia (lom.agc.gov.my). Not a copy of the Gazette printed by the Government Printer (Interpretation Acts 1948 and 1967, s 61).
