This Enactment, comprising 72 Sections, aims to maintain proper santitation by regulating the management of controlled solid waste and public cleansing. Controlled solid waste includes (a) commercial solid waste; (b) construction solid waste; (c) household solid waste; (d) industrial solid waste; (e) institutional solid waste; (f) imported solid waste; (g) public solid waste. Under Section 4, the Solid Waste and Public Cleansing Management Authority is established with the following main tasks (i) Regulatory Oversight: it is responsible for exercising all regulatory functions specified in the Enactment and any associated regulations made under it. (ii) Licensing and Approvals: it holds the power to grant all required licences and approvals for activities covered by the Enactment. (iii) General Implementation: it must perform all necessary duties to carry out its functions under the Enactment, and it is granted all incidental powers required for this performance. Section 7 establishes the State Solid Waste and Public Cleansing Management Council empowered of (i) giving directions to the Authority on any matters relating to solid waste and public cleansing management, and the due administration and enforcement of laws relating to solid waste and public cleansing management services; (ii) formulating policies, plans and strategies of solid waste and public cleansing management services; (iii) monitoring and proposing any improvement on new technology in solid waste and public cleansing management. A Solid Waste and Public Cleansing Management Fund is established by Section 11 be expended for the following (i) paying for the cost incurred as a result of the agreement made under section 3; (ii) paying for the charges, fees, or levy in relation to the direction given by Authority on the concerned matters; (iii) acquiring land and any assets, erecting buildings, purchasing or hiring of equipment, machinery or any other material and carrying out any other works and undertakings. Part V mandates that any construction or alteration of prescribed solid waste management facilities requires prior written approval of the relevant plans or specifications from the Authority. Part VI mandates that no person may undertake or provide solid waste management services, manage or operate solid waste management facilities, or provide public cleansing management services unless they hold a license granted under this Enactment. Part VII grants the Minister the power to prescribe controlled solid waste charges, fees, or levies payable by the owner, occupier, or service recipient. The Minister can authorize an agreement holder to demand, collect, and retain these charges. Those authorized must maintain detailed accounts and records, and permit the Authority full access for inspection and auditing of the collection process. Part X empowers the Minister to mandate actions to reduce, reuse, and recycle controlled solid waste. These requirements can compel waste generators to reduce overall waste, mandate the use of environmentally friendly materials or specified amounts of recycled materials in products, limit the import and use of certain products, or enforce coding and labeling systems to promote recycling. Failure to comply with these reduction and recovery orders is an offence, punishable by a fine or imprisonment.
Malasia · 2022-04-21