Authorized officers
(1) The Director General may, in writing authorize any officer appointed under section 5, officer of any local authority or officer of the Corporation to exercise the powers of enforcement under this Act.
(2) Any such officer shall be deemed to be a public servant within the meaning of the Penal Code [Act 574].
(3) In exercising any of the powers of enforcement under this Act, an authorized officer shall on demand produce to the person against whom he is acting the authority issued to him by the Director General.
(4) The Director General shall have all the powers, functions and duties of an authorized officer.
Power of enforcement
(1) An authorized officer may, for the purpose of enforcing this Act—
(a) call for and examine any book, document, instrument or record and make copies of or take extracts from such book, document, instrument or record which is in the custody or control of any person pertaining to any matter under this Act;
(b) visit, enter, inspect and examine with or without previous notice any solid waste management facilities, land or other premises at any time but shall not unnecessarily obstruct or impede any work therein;
(c) investigate in respect of any solid waste management facilities, land or other premises—
(i) to ensure proper maintenance and sanitation of any solid waste management facilities, land or other premises;
(ii) any matter or thing concerned with or related to the safety or health of any person living in the vicinity of the solid waste management facilities or which causes or is likely to cause damage to property;
(iii) the effect of any operation or practice upon the amenity of any area or place; or
(iv) whether there are concentrations or accumulations of noxious gases or liquid; or
(d) take samples of any material or substance found at solid waste management facilities, on land or other premises, and of the air or water in, on or in the vicinity of solid waste management facilities, land or other premises.
(2) If, on inspection by the Director General of any solid waste management facilities, it appears to the Director General that the condition of the solid waste management facilities is such that danger is posed to the safety or health of any person living in the vicinity of the solid waste management facilities, the Director General—
(a) may take reasonable steps, whether on the solid waste management facilities affected or on adjacent land, including closing the solid waste management facilities, as appears to the Director General to be reasonable to avoid such danger; and
(b) shall be entitled to recover costs and expenses incurred in doing so from the licensee of the solid waste management facilities.
Power of investigation
(1) An authorized officer shall have the power to investigate the commission of any offence under this Act.
(2) Every person required by an authorized officer to give information or produce any document or other article relating to the commission of any offence which is in his power to give shall be legally bound to give the information or produce the document or other article.
Search and seizure with warrant
(1) If it appears to a Magistrate, upon written information on oath and after such inquiry as he considers necessary, that there is a reasonable cause to believe that any premises have been used or are about to be used for, or there is in or on any premises, evidence necessary to establish, the commission of an offence under this Act, the Magistrate may issue a warrant authorizing an authorized officer to whom it is directed, at any reasonable time by day or night and with or without assistance—
(a) to enter any premises and there search for, seize and detain any property, equipment, machinery, book, record, document, container, receptacle or other article;
(b) to inspect, make copies of, or take extracts from, any book, record, document or other article so seized and detained;
(c) to take possession of, and remove from the premises, any property, equipment, machinery, book, record, document, container, receptacle or other article so seized and detain it for such period as may be necessary;
(d) to search any person who is in, or on, such premises, and for the purpose of the search, detain the person and remove him to such place as may be necessary to facilitate the search, and seize and detain any property or document found on the person; or
(e) to break open, examine, and search any container, receptacle or other article.
(2) An authorized officer acting under subsection (1) may, if it is necessary to do so—
(a) break open any outer or inner door of any premises and enter the premises;
(b) forcibly enter any premises and every part thereof;
(c) remove by force any obstruction to the entry, search, seizure, detention or removal that he is empowered to effect; or
(d) detain any person found on any premises searched under subsection (1) until the search is completed.
(3) If, by reason of its nature, size or amount, it is not practicable to remove any property, equipment, machinery, book, record, document, container, receptacle or other article seized under this section, the authorized officer making the seizure shall, by any means, seal such property, equipment, machinery, book, record, document, container, receptacle or other article.
(4) Any person who, without lawful authority, breaks, tampers with or damages the seal referred to in subsection (3) or removes the property, equipment, machinery, book, record, document, container, receptacle or other article under seal or attempts to do so 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 and in the case of a continuing offence be liable to a fine not exceeding one thousand ringgit for every day or a part of a day during which the offence continues after conviction.
Search and seizure without warrant
If an authorized officer is satisfied upon information received that he has reasonable cause to believe that by reason of delay in obtaining a search warrant under section 81 the investigation would be adversely affected or evidence of the commission of an offence is likely to be tampered with, removed, damaged or destroyed, the officer may enter the premises and exercise in, upon and in respect of the premises all the powers referred to in section 81 in as full and ample a manner as if he were authorized to do so by a warrant issued under that section.
Access to computerised data
(1) An authorized officer conducting a search under this Act shall be given access to computerized data whether stored in a computer or otherwise.
(2) For the purposes of this section, the authorized officer shall be provided with the necessary password, encryption code, decryption code, software or hardware and any other means required for his access to enable comprehension of computerized data.
Power to stop, search and seize vehicle
(1) If an authorized officer has reasonable cause to suspect that any vehicle is carrying any thing in respect of which an offence under this Act or any regulations made under this Act is being or has been committed, he may stop and examine the vehicle and may, if on examination he has reasonable cause to believe that such vehicle is or has been used for the commission of such offence, seize the vehicle and any thing found in the vehicle that is reasonably believed to furnish evidence of the commission of the offence.
(2) The person in control or in charge of the vehicle shall, if required to do so by the authorized officer—
(a) stop the vehicle and allow the authorized officer to examine it; and
(b) open all parts of the vehicle for examination and take all measures necessary to enable or facilitate the carrying out of such examination as the authorized officer considers necessary.
(3) Any person who contravenes subsection (2) 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 and in the case of a continuing offence be liable to a fine not exceeding one thousand ringgit for every day or a part of a day during which the offence continues after conviction.
List of things seized
(1) Except as provided under subsection (2), where any property, equipment, machinery, book, record, document, container, receptacle or other article, or any vehicle or any thing found in the vehicle, is seized under this Act, the seizing officer shall prepare a list of the things seized and immediately deliver a copy of the list signed by him to—
(a) if premises have been searched under section 81 or 82, the occupier of the premises which have been searched, or to his agent or servant, at those premises; and
(b) if a vehicle or any thing found in the vehicle is seized under section 84, the person in control or in charge of the vehicle.
(2) Where the premises are unoccupied, the seizing officer shall whenever possible post a list of the things seized conspicuously on the premises.
Temporary return of seized property, etc.
If any property, equipment, machinery, book, record, document, container, receptacle or other article, or any vehicle or any thing found in the vehicle, is seized under this Act, the Director General may, in his discretion, temporarily return such thing to the owner or the person from whose possession, custody or control it was seized—
(a) subject to such terms or conditions as the Director General may impose; and
(b) subject, in any case, to sufficient security being furnished to the satisfaction of the Director General that such thing shall be surrendered to him on demand or be produced before a court of competent jurisdiction.
Power to require attendance of person acquainted with case
(1) An authorized officer making an investigation under this Act may by order in writing require the attendance before himself of any person who appears to the authorized officer to be acquainted with the facts and circumstances of the case, and such person shall attend as so required.
(2) If any person refuses to attend as so required, the authorized officer may report such refusal to a Magistrate who shall issue a summons to secure the attendance of such person as may be required by the order made under subsection (1).
Examination of person acquainted with case
(1) An authorized officer making an investigation under this Act may examine orally any person supposed to be acquainted with the facts and circumstances of the case.
(2) The person examined under subsection (1) shall be legally bound to answer the questions relating to such case put to him by the authorized officer, but such person may refuse to answer any question the answer to which would have a tendency to expose him to a criminal charge, or penalty or forfeiture.
(3) A person making a statement under this section shall be legally bound to state the truth, whether or not such statement is made wholly or partly in answer to the question.
(4) An authorized officer examining a person under subsection (1) shall first inform that person of the provisions of subsections (2) and (3).
(5) A statement made by any person under this section shall, whenever possible, be reduced into writing and signed by the person making it or affixed with his thumb-print, as the case may be—
(a) after it has been read to him in the language in which he made it; and
(b) after he has been given an opportunity to make any correction he may wish.
Admissibility of statements
(1) Except as provided in this section, no statement made by any person to an authorized officer in the course of an investigation made under this Act shall be used in evidence.
(2) When any witness is called for the prosecution or for the defence, other than the accused, the court shall, on the request of the accused or to the prosecutor, refer to any statement made by that witness to an authorized officer in the course of an investigation under this Act and may then, if the court thinks fit in the interest of justice, direct the accused to be furnished with a copy of it and the statement may be used to impeach the credit of the witness in the manner provided by the Evidence Act 1950 [Act 56].
(3) Where the accused had made a statement during the course of an investigation, such statement may be admitted in evidence in support of his defence during the course of the trial.
(4) Nothing in this section shall be deemed to apply to any statement made in the course of an identification parade or falling within section 27 or paragraphs 32(1)(a), (i) and (j) of the Evidence Act 1950.
(5) When any person is charged with any offence in relation to—
(a) the making; or
(b) the contents,
of any statement made by him to an authorized officer in the course of an investigation made under this Act, that statement may be used as evidence in the prosecution’s case.
Forfeiture or release of seized property, etc.
(1) Any property, equipment, machinery, book, record, document, container, receptacle or other article, or any vehicle or any thing found in the vehicle, seized in exercise of any power conferred by this Act shall be liable to forfeiture.
(2) If prosecution is instituted with regard to any property, equipment, machinery, book, record, document, container, receptacle or other article, or any vehicle or any thing found in the vehicle, under this Act, the court before which the prosecution with regard thereto has been held may order the forfeiture or release of the property, equipment, machinery, book, record, document, container, receptacle or other article, or the vehicle or any thing found in the vehicle.
(3) The court shall order the forfeiture of the property, equipment, machinery, book, record, document, container, receptacle or other article, or the vehicle or any thing found in the vehicle referred to in subsection (1) if it is proved to the satisfaction of the court that an offence under this Act has been committed and that the thing was the subject matter of or was used in the commission of the offence, notwithstanding that no person may have been convicted of such offence.
(4) If no prosecution is to be instituted with regard to any property, equipment, machinery, book, record, document, container, receptacle or other article, or any vehicle or any thing found in the vehicle, seized under this Act, the authorized officer in whose custody it is held shall notify the person from whose possession, custody or control the property, equipment, machinery, book, record, document, container, receptacle or other article, or the vehicle or any thing found in the vehicle, was seized of that fact and of the provisions of subsection (7).
(5) A notice under subsection (4) shall be in writing and shall be sent to the last known address of the person concerned.
(6) If no claim is made under subsection (7) within thirty days from the date of service of the notice referred to in subsection (4), the property, equipment, machinery, book, record, document, container, receptacle or other article, or the vehicle or any thing found in the vehicle, seized under this Act shall be taken and deemed to be forfeited at the expiration of that period.
(7) A person who asserts that he is the owner of the property, equipment, machinery, book, record, document, container, receptacle or other article, or the vehicle or any thing found in the vehicle, referred to in subsection (4) and that it is not liable to forfeiture may personally or by his agent authorized in writing give written notice to the authorized officer in whose possession such thing is held that he claims the thing.
(8) On receipt of the notice referred to in subsection (7), the authorized officer shall refer the claim to the Director General who—
(a) may direct that the property, equipment, machinery, book, record, document, container, receptacle or other article, or the vehicle or any thing found in the vehicle, be released; or
(b) may direct the authorized officer in writing, to refer the matter to a Magistrate for decision.
(9) The Magistrate to whom a matter is referred under paragraph (8)(b) shall issue a summons requiring—
(a) the person asserting that he is the owner of the property, equipment, machinery, book, record, document, container, receptacle or other article, or the vehicle or any thing found in the vehicle; and
(b) the person from whom the property, equipment, machinery, book, record, document, container, receptacle or other article, or the vehicle or any thing found in the vehicle, was seized,
to appear before the Magistrate and upon their appearances or default to appear, but due service of the summons being proved, the Magistrate shall proceed to the examination of the matter and on proof that an offence under this Act has been committed and that such thing was the subject matter of or was used in the commission of such offence shall order the property, equipment, machinery, book, record, document, container, receptacle or other article, or the vehicle or any thing found in the vehicle, to be forfeited and shall, in the absence of such proof, order its release.
(10) Any property, equipment, machinery, book, record, document, container, receptacle or other article, or vehicle or any thing found in the vehicle, forfeited or deemed to be forfeited shall be delivered 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 be sold at any time and the proceeds of the sale be held pending the result of any prosecution or claim under this section if—
(a) it is of a perishable nature or is subject to speedy and natural decay;
(b) the custody of the thing involves unreasonable expense and inconvenience; or
(c) it is believed to cause obstruction or hazard to the public.
Cost of holding seized property, etc.
If any property, equipment, machinery, book, record, document, container, receptacle or other article, or any vehicle or any thing found in the vehicle, seized under this Act is held in the custody of the Director General pending the completion of any proceedings in respect of an offence under this Act, the cost of holding it in custody shall, in the event of any person being found to commit an offence, be a debt due to the Government by such person and shall be recoverable accordingly.
No costs or damages arising from seizure to be recoverable
No person shall, in any proceedings before any court in respect of the seizure of any property, equipment, machinery, book, record, document, container, receptacle or other article, or any vehicle, or any thing found in the vehicle, seized in the exercise or the purported exercise of any power conferred by this Act, be entitled to the costs of such proceedings or to any damages or other relief unless such seizure was made without reasonable cause.
Obstruction
Any person who—
(a) refuses any authorized officer access to any premises which the authorized officer is entitled to have under this Act or in the execution of any duty imposed or power conferred by this Act;
(b) assaults, obstructs, impedes or interferes with any authorized officer in the execution of his duty or power conferred by this Act;
(c) refuses to give any authorized officer any information relating to an offence or suspected offence under this Act or any other information which may reasonably be required of him and which he has in his knowledge or power to give,
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 and in the case of a continuing offence be liable to a fine not exceeding one thousand ringgit for every day or a part of a day during which the offence continues after conviction.
Compounding of offences
(1) The Director General or the Corporation may, with the consent in writing of the Public Prosecutor, compound any offence committed by any person under this Act and prescribed to be a compoundable offence by regulations made under this Act by making a written offer to the person suspected of committing the offence to compound the offence on payment to the Director General or the Corporation of an amount of money not exceeding fifty per centum of the amount of maximum fine for that offence within the time specified in the offer.
(2) An offer under subsection (1) may be made at any time after the offence has been committed, but before any prosecution for it has been instituted, and if the amount specified in the offer is not paid within the time specified in the offer or within such extended period as the Director General or the Corporation may grant, prosecution for the offence may be instituted at any time after that against the person to whom the offer was made.
(3) If an offence has been compounded under subsection (1), no prosecution shall after that be instituted in respect of the offence against the person to whom the offer to compound was made.
Institution of prosecution
No prosecution shall be instituted for any offence under this Act except by or with the consent in writing of the Public Prosecutor.
Offences by body corporate
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 commission of the offence, was a director, manager, secretary or other similar officer or was purporting to act in any such capacity, or was in any manner or to any extent responsible for the management of any of the affairs of the body corporate, or was assisting in such management—
(a) may be charged severally or jointly in the same proceedings with the body corporate; and
(b) if the body corporate is found to have committed the offence, shall be deemed to have committed that offence unless, having regard to the nature of his functions in that capacity and to all circumstances, he proves—
(i) that the offence was committed without his knowledge, consent or connivance; and
(ii) that he took all reasonable precautions and had exercised due diligence to prevent the commission of that offence.
Service of document
(1) Service of documents on any person shall be effected—
(a) by delivering the document to that person or by delivering the document at the last known place of residence of that person to an adult member of his family;
(b) by leaving the document at the usual or last known place of residence or business of that person in a cover addressed to that person; or
(c) by forwarding the document by registered post addressed to that person at his usual or last known place of residence or business.
(2) A document required to be served on the owner or occupier of any premises—
(a) shall be deemed to be properly addressed if addressed by the description of the “owner” or “occupier” of such premises without further name or description; and
(b) may be served—
(i) by delivering the document to an adult person on the premises; or
(ii) if there is no such person on the premises to whom the document can with reasonable diligence be delivered, by advertisement at least in one local newspaper.
Inaccuracies in documents
(1) No misnomer or inaccurate description of any person or premises named or described in any document prepared, issued or served for the purposes of this Act or any regulations made under this Act shall in any way affect the operation of this Act or any regulations made under this Act with respect to that person or place if that person or place is so designated in the documents is identifiable.
(2) No proceedings taken under or by virtue of this Act or any regulations made under this Act shall be invalid for want of form.
Liability of transferor
(1) Every person who sells or transfers any property in respect of which costs and expenses have been incurred by the Director General or a licensee, as the case may be, in or about the execution of any work which are, under this Act, recoverable from the owner of the property shall continue to be liable for the payment of all such costs and expenses payable in respect of the property and for the performance of all other obligations imposed by this Act upon the owner of the property which become payable or are to be performed at any time before the transfer becomes effective.
(2) Nothing in this Act shall affect the liability of the purchaser or transferee to pay costs and expenses in respect of the property referred to in subsection (1) or affect the right of the Director General or licensee, as the case may be, to recover those costs and expenses from, or to enforce any obligation under this Act against, the purchaser or transferee.
Solid waste management facilities installed or constructed without approval before the coming into operation of this Act
(1) If the Director General is satisfied on reasonable ground that—
(a) any solid waste management facilities had been installed or constructed without approval under any written law before the coming into operation of this Act; and
(b) the continued existence of the solid waste management facilities—
(i) is such that the danger is posed to the safety or health of any person living in the vicinity of the solid waste management facilities; or
(ii) is likely to be used in contravention of this Act,
the Director General may make a written complaint to a Magistrate.
(2) Upon receipt of the 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 upon his appearance or default to appear, but due service of the summons being proved, the Magistrate shall proceed to hear the complaint and may—
(a) dismiss the complaint; or
(b) make an order for the demolition of the solid waste management facilities within a time specified in the order.
(3) Any person who fails to comply with the order made under paragraph (2)(b) commits an offence and shall, on conviction, be liable to a fine not less than ten thousand ringgit and not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding six months or to both.
(4) Upon expiry of the time specified in the order under paragraph (2)(b), the Director General may execute the order and cost such work shall be a debt due to the Government and shall be recoverable accordingly.
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).
