Hazardous Waste (Control of Export, Import and Transit) Act · 2024 Revised Edition · Part · General
48. Regulations
Official textFrom Attorney General's Chambers, unchanged
The Minister may, with the approval of His Majesty the Sultan and Yang Di-Pertuan, make regulations prescribing matters —
required or permitted by this Act to be prescribed; or
necessary to be prescribed for carrying out or giving effect to this Act.
Notwithstanding subsection (1), the regulations may also —
empower the Director to determine the type of permit, whether a Basel permit or special permit, to be granted regardless of the type applied for;
prescribe the procedure to be followed by the Director and authorised officers in the exercise of their functions under this Act;
require the furnishing of information in relation to the import, export or transit of such waste by the holder of a Basel permit or special permit to any authority as may be specified in the regulations;
Hazardous Waste (Control of Export,
Import and Transit)
make provision for the Director to give orders or to take action in relation to the dealing of such waste where there is a contravention of the provisions of this Act or any regulations made thereunder or of an order made by him and for the recovery of the costs of any such action taken by the Director; and
provide that any person who contravenes the regulations is guilty of an offence and liable on conviction to a fine not exceeding
$10,000, imprisonment for a term not exceeding 12 months or both and, in the case of a continuing offence, to a further fine not exceeding $1,000 for every day or part thereof during which the offence continues after conviction.
The regulations may amend or add to the Schedule for the purpose of ensuring that the Schedule correctly sets out the English text of the
Basel Convention as in force from time to time.
Basel Convention
“Basel Convention” means the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal and any amendment or protocol thereto which has come into force and has been accepted by the Government, a copy of the English text of which is set out in the Schedule;
Hazardous Waste (Control of Export,
waste
“waste” means a substance or object that is — (a) proposed to be disposed of; (b) disposed of; or (c) required by any written law to be disposed of.
Import and Transit)
Terms defined in s 2
Basel Convention
Defined · s 2“Basel Convention” means the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal and any amendment or protocol thereto which has come into force and has been accepted by the Government, a copy of the English text of which is set out in the Schedule;
Basel permit
Defined · s 2“Basel permit” means a Basel export permit, a Basel import permit or a Basel transit permit;
Director
Defined · s 2“Director” means the Director of Environment, Parks and Recreation referred to in section 14 and includes the Deputy Director and Assistant Directors;
holder
Defined · s 2“holder”, in relation to a Basel permit or a special permit, means the person to whom the permit was granted;
special permit
Defined · s 2“special permit” means a special export permit, special import permit or special transit permit;
waste
Defined · s 2“waste” means a substance or object that is — (a) proposed to be disposed of; (b) disposed of; or (c) required by any written law to be disposed of.