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Solid Waste and Public Cleansing Management Act 2007 Part V — CHARGES

s 30–s 32 · 3 sections

Power to impose charges, etc.

s 30

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(1) The Minister may from time to time prescribe, either separately or as a consolidated rate, controlled solid waste charges, fees or levy which shall be paid by— (a) the owner; (b) the occupier; (c) the local authority; or (d) any other person, to whom solid waste management services are provided under this Act. (2) The Minister may, by order published in the Gazette, authorize the Corporation or the person with whom an agreement has been entered into under section 4 to demand, collect and retain the controlled solid waste charges, fees or levy prescribed under subsection (1) in respect of solid waste management services provided by the person under the agreement. (3) The Corporation or the person with whom an agreement has been entered into under section 4, may recover from the owner, occupier, local authority or any other person, from whom charges, fees or levy for solid waste management services is due and remains unpaid after the due date, additional charges for late payment at a rate to be prescribed by the Minister. (4) An order made under subsection (2) shall specify— (a) the type and extent of services with respect to which controlled solid waste charges, fees or levy may be demanded, collected and retained; (b) the person authorized to demand, collect and retain the controlled solid waste charges, fees or levy; and (c) the duration of the authorization to demand, collect and retain the controlled solid waste charges, fees or levy. (5) Any person authorized under subsection (2) shall— (a) maintain such accounts, books and records in respect of the payment and collection of controlled solid waste charges, fees or levy and late payment charges as the Director General may require; (b) furnish to the Director General such information, returns and accounts in respect of the payment and collection of controlled solid waste charges, fees or levy and late payment charges as the Director General may require; and (c) permit the Director General or any officer authorized in writing by the Director General— (i) to have access to, examine, inspect or make copies of any document; and (ii) to have access to, examine or inspect any machinery or equipment, maintained or used for the payment or collection of controlled solid waste charges, fees, levy or late payment charges. (6) The authorization of any person under subsection (2) shall not render the Federal Government liable to any person in respect of any injury, damage or loss occasioned by the failure of the person authorized under that subsection to carry out his obligations under the agreement in respect of which controlled solid waste charges, fees or levy are demanded, collected or retained. (7) All moneys due and payable under this section shall be a debt due to the person authorized under subsection (2) and shall be recoverable accordingly from the owner, occupier, local authority or any other person referred to in subsection (1). (8) Any person who fails to comply with subsection (5) commits an offence and shall, on conviction, be liable to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding six months or to both.

Recovery of controlled solid waste charges, fees or levy

s 31

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(1) Where controlled solid waste charges, fees or levy become recoverable by the Corporation, or by the person with whom an agreement has been entered into under section 4, the Corporation or person may serve on the owner, occupier, the local authority or any other person a written notice requesting payment of the sum due within such period, which shall not be less than fourteen days from the date of service of the notice, as may be specified in the notice. (2) If at the end of the period specified in the notice under subsection (1) the sum or part of the sum due remains unpaid, the Corporation or the person with whom an agreement has been entered into under section 4 may serve on the owner, occupier, local authority or any other person a further written notice demanding payment of the sum due within fourteen days from the date of service of the notice; and if upon the expiry of the said period, the sum due still remains unpaid, the Corporation or that person may institute proceedings in any court of competent jurisdiction or the Tribunal established under this Act for the recovery of the said sum.

Failure or refusal to pay charges, fees or levy

s 32

Open ↗

Any person who, without any reasonable excuse, fails or refuses to pay controlled solid waste charges, fees or levy commits an offence and shall, on conviction, be liable to a fine not exceeding five thousand ringgit and shall also be liable to a further fine not exceeding fifty ringgit for every day during which the offence is continued after the conviction.

Back to Solid Waste and Public Cleansing Management Act 2007 — full text

Provisions on this page are reproduced verbatim from official open data. See the attribution line.

Text as at 1 November 2017 (LOM reprint); amendments made after that date may not be incorporated. Read the official text ↗

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).

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