Requirement for licence
Open ↗(1) Subject to section 16, no person shall—
(a) undertake or provide any solid waste management services;
(b) manage or operate any solid waste management facilities; or
(c) undertake or provide any public cleansing management services,
unless he holds a licence granted under this Act.
(2) A licensee shall not provide any of the licensed activities referred to in subsection (1) except in accordance with the conditions of the licence granted to the licensee.
(3) A person who contravenes subsection (1) commits an offence and shall, on conviction, be liable to a fine not less than fifty thousand ringgit and not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding five years or to both and in the case of a continuing offence, be liable to a fine not exceeding five thousand ringgit for every day or a part of a day during which the offence continues after conviction.
Power to exempt from requirement for licence
Open ↗(1) The Minister may, upon the recommendation of the Director General, by order published in the Gazette, exempt a person from the licensing requirements under section 14 subject to such terms and conditions as the Minister thinks fit.
(2) A person who is exempted from the licensing requirements under subsection (1) shall comply with the duties and obligations of a licensee as if the person is a licensee under this Act unless otherwise specified in the exemption order.
Application for licence
Open ↗(1) Any person may apply to the Director General for a licence to be granted to him under this Act by submitting a written application to the Corporation in the manner as may be prescribed.
(2) Every application under subsection (1) shall be accompanied by such document or information as may be prescribed.
(3) An application under this section may be withdrawn at any time before it is granted or refused.
Additional information or document
Open ↗(1) The Corporation may, in writing at any time after the receipt of an application under section 16, request the applicant to give to the Corporation within the period specified in the request additional information or document on the application.
(2) If any additional information or document required under subsection (1) is not provided by the applicant within the period specified in the request or any extension of time granted by the Corporation, the application shall be deemed to be withdrawn and shall not be further proceeded with, but without affecting the right of the applicant to make a fresh application.
Recommendation by the Corporation
Open ↗(1) The Corporation shall within sixty days from the receipt of an application under subsection 16(1), submit a written recommendation to the Director General as to whether or not the licence should be granted to the applicant.
(2) The written recommendation of the Corporation shall specify the reasons for its recommendation and any special conditions which the applicant should be subjected to if the Corporation recommends to the Director General to grant the licence.
Grant or refusal of licence
Open ↗(1) The Director General may, after considering the application for a licence under section 16, and the additional information or document provided under section 17 and having due regard to the recommendation of the Corporation under section 18, grant the licence or refuse to grant the licence.
(2) If the Director General decides to grant a licence under subsection (1), he shall—
(a) require the licensee to pay the prescribed fee within the prescribed period; and
(b) impose conditions as he thinks fit.
(3) The conditions which may be imposed under subsection (2) include—
(a) the nature, extent and frequency of services to be provided by the licensee;
(b) the duration of the licence;
(c) the area and scheme for which the licensee shall provide such services;
(d) the types of controlled solid waste;
(e) the solid waste management facilities to which collected solid waste may be delivered to;
(f) the requirement to deposit such amount as may be prescribed as security for safe closure of solid waste management facilities;
(g) the annual licence fee payable by the licensee, or if the Director General thinks it expedient, the lump sum licence fee payable by the licensee for the whole duration of the licence; and
(h) the particular rights and duties of the licensee in respect of the services to be provided by the licensee.
(4) The decision of the Director General to grant or not to grant a licence shall be communicated to the applicant by written notice as soon as practicable.
(5) The written notice by the Director General under subsection (4) shall specify—
(a) in the case where the licence is granted, the fact of such grant and the requirements and conditions imposed under subsection (2); and
(b) in the case of a refusal to grant a licence, the fact of such refusal and the reason for the refusal.
Compliance with licence conditions
Open ↗(1) A licensee shall comply with the conditions imposed by the Director General on the licence.
(2) A licensee who fails to comply with any condition of a licence commits an offence and shall, on conviction, be liable to a fine not less than twenty-five thousand ringgit and not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding two years or to both and in the case of a continuing offence, be liable to a fine not exceeding two thousand and five hundred ringgit for every day or a part of a day during which the offence continues after conviction.
Power to impose additional, vary or revoke conditions
Open ↗(1) The Director General may, on the recommendation of the Corporation, at any time—
(a) impose any additional conditions on the licence; or
(b) vary or revoke any of the conditions imposed on the licence.
(2) Before the Director General makes a decision under subsection (1), the Corporation shall give the licensee—
(a) a written notice of the Director General’s intention together with a draft copy of the imposition, variation or revocation; and
(b) an opportunity to make written submissions within a period specified in the written notice which shall not be less than thirty days.
(3) After the expiry of the period specified in the notice, the Director General shall, after considering any written submission made by the licensee and having due regard to any recommendation of the Corporation, decide whether to impose additional conditions or to vary or revoke any existing conditions or to take no further action.
(4) The Corporation shall give the licensee a written notice of the Director General’s decision under subsection (3) as soon as practicable and the decision shall take effect on a date to be specified in the written notice.
Transfer of licence
Open ↗(1) The grant of a licence under section 19 shall be personal to the licensee and the licence shall not be assigned, sub-licensed or transferred to any other person except with the prior written approval of the Director General.
(2) A licensee who assigns, sub-licenses or transfers his licence to any other person without the prior written approval of the Director General commits an offence and shall, on conviction, be liable to a fine not less than twenty-five thousand ringgit and not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding two years or to both.
Suspension and revocation of licence
Open ↗(1) The Director General may, upon the recommendation of the Corporation, suspend or revoke a licence under any of the following circumstances:
(a) the licensee has failed to comply with any provisions of this Act or any regulations made under this Act;
(b) the licensee has failed to comply with any conditions of the licence;
(c) the licensee had improperly or illegally obtained the licence;
(d) the licensee has been convicted of an offence under this Act or any regulations made under this Act;
(e) a receiver, receiver and manager, provisional liquidator or like official has been appointed over the whole or substantial part of the licensee’s assets and such appointment is not revoked or annulled within a period of sixty days from the date of such appointment; or
(f) there has been any act or default on the part of the licensee or there has been a change of circumstances such that the licensee would no longer be entitled to be granted a licence under this Act.
(2) Before the Director General makes a decision under subsection (1), he shall give the licensee—
(a) a written notice of his intention to suspend or revoke the licence; and
(b) an opportunity to make written submissions within a period specified in the written notice which shall not be less than thirty days.
(3) After the expiry of the period specified in the notice, the Director General shall, after considering the written submissions made by the licensee under subsection (2), if any, and having due regard to any recommendation of the Corporation, decide whether to suspend the licence for a period not exceeding one month or to revoke the licence.
(4) The Director General shall give the licensee a written notice of his decision under subsection (3) as soon as practicable.
(5) If a licence is suspended under subsection (3), the Director General may require the licensee to remedy the breach or the contravention and if he considers necessary to do so, cause the services provided by the licensee to be carried out by any other person authorized by the Director General on such terms and conditions as the Director General may specify.
(6) If the Director General is satisfied that the licensee fails to remedy the breach or contravention as required under subsection (5), or the breach or contravention continues after the licence is suspended under subsection (3), he shall revoke the licence.
(7) A licensee whose licence is—
(a) suspended or revoked shall not be entitled to any compensation for any loss caused to him by the suspension or revocation of a licence granted under this Act; and
(b) revoked shall not be entitled to any refund of the licence fee paid under section 19.
Effective date of revocation of licence
Open ↗The revocation of a licence under section 23 shall take effect—
(a) on a date specified by the Director General in the written notice given under subsection 23(4); or
(b) if no date is specified in the written notice given under subsection 23(4), on the expiry of thirty days from the date on which the notice is served on the licensee.
Surrender of licence
Open ↗(1) A licensee may surrender its licence by forwarding the licence to the Director General with a written notice of the surrender of the licence.
(2) The surrender of the licence shall take effect six months from the date the Director General receives the licence and the written notice under subsection (1) or on such other date as may be specified by the Director General.
(3) The surrender of a licence under subsection (1) shall be irrevocable unless the Director General by notice in writing to the licensee allows the surrender to be withdrawn before the effective date of the surrender of the licence.
Renewal of licence
Open ↗(1) A licensee may apply for a renewal of his licence not later than one year before the date of expiry of the existing licence.
(2) Notwithstanding subsection (1), the Director General may, subject to the payment of a penalty not exceeding three thousand ringgit, impose on the licensee, allow an application for renewal of the licence made after the time specified in subsection (1), but no application for renewal shall be allowed where the application is made after the date of expiry of the licence.
(3) The Director General shall, on the recommendation of the Corporation, upon payment of the prescribed fee, renew an existing licence except in the following circumstances:
(a) the licensee has failed to comply with any provisions of this Act or any regulations made under this Act;
(b) the licensee has failed to comply with any of the conditions of the licence;
(c) the licensee had improperly or illegally obtained the licence;
(d) the licensee has been convicted of an offence under this Act or any regulations made under this Act;
(e) a receiver, receiver and manager, provisional liquidator or like official has been appointed over the whole or substantial part of the licensee’s assets and such appointment is not revoked or annulled within a period of sixty days from the date of such appointment; or
(f) there has been any act or default on the part of the licensee or there has been a change of circumstances such that the licensee would no longer be entitled to be granted 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 a period specified in the request.
(5) Notwithstanding subsection (3), if the information or document requested under subsection (4) is not provided by the licensee within the period specified in the request or any extension of time granted, the Director General may not renew the licence.
(6) If the Director General refuses to renew the licence, he shall inform the licensee by written notice as soon as practicable of refusal to renew the licence.
(7) The licensee shall be given an opportunity to make written submissions to the Director General within a period specified in the written notice referred in subsection (6) which shall not be less than fourteen days.
(8) After the expiry of the period specified in the written notice under subsection (7), the Director General shall, after considering any written submissions made by the licensee and having due regard to any recommendation of the Corporation, decide whether or not to renew the licence.
(9) If the Director General decides not to renew the licence, he shall notify the licensee as soon as practicable of the said decision and the reason for his decision.
Effect of revocation, surrender or non-renewal of licence
Open ↗If the revocation of a licence under section 23 or a surrender of a licence under section 25 has taken effect or where the licence has not been renewed under section 26, the licensee shall immediately cease to provide any solid waste management services or operate any prescribed solid waste management facilities in respect of which the licence was granted.
Register of licence
Open ↗(1) The Director General shall maintain a register of licences granted under this Act containing—
(a) the names and addresses of the licensee; and
(b) any other particulars as the Director General thinks necessary.
(2) The register shall be made available for inspection during office hours.
(3) Any person may, on application in writing to the Director General and on payment of the prescribed fee, be provided with a copy of or an extract from an entry in the register.
(4) A copy of or an extract from an entry in the register purporting to be certified under the hand of the Director General shall, until the contrary is proved, be admitted in evidence as proof of the entry as stated in the register.
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 any 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).
