Tribunal
for Solid Waste Management Services
THE
TRIBUNAL
The establishment of the Tribunal for Solid
Waste Management Services is under the Solid Waste And Public Cleansing
Management Act 2007. Membership of the Tribunal comprises of a Chairman and a
Deputy Chairman from amongst members of the Judicial and Legal Service and not
less than 5 other members to be appointed from amongst persons who are members
of or have held post in the Judicial and Legal Service or advocates and
solicitors and who have not less than 7 years’ standing. Any member of the
Tribunal may resign by giving written notice to the Minister. The Act also provides
for the payment remuneration or allowances to members of the Tribunal, and the
remuneration shall be charged on the Consolidated Fund. The jurisdiction of the
Tribunal to be exercised by the Chairman, the Deputy Chairman or any member of
the Tribunal as determined by the Chairman, sitting alone. It also provides
that where the presiding person dies or is unable to complete the proceedings,
a claim shall be heard afresh unless the parties agree that the proceeding be
continued by another member of the Tribunal.
COMMENCEMENT
OF PROCEEDINGS AND JURISDICTION
The commencement of the proceedings by any interested
person (i.e. “interested person” under the Act which means the Corporation, any
licensee, owner, occupier, local authority and solid waste generator in respect
of solid waste management services provided under this Act) for a claim under
this Act is by lodging the claim in the prescribed form together with the
prescribed fee, for any matter concerning his interests or any loss suffered or
damages incurred which includes the recovery of charges, fees or levy under
this Act. The jurisdiction of the Tribunal to determine a claim lodged under the
Act where the total amount in respect of which an award of the Tribunal is
sought does not exceed fifty thousand ringgit. The Tribunal does not have
jurisdiction in respect of any claim for the recovery of land, or any estate or
interest in land and which there is a dispute concerning the entitlement of any
person under a will or settlement, or on intestacy, goodwill, chose-in-action
or any trade secret or other intellectual property right. The jurisdiction of
the Tribunal shall be limited to a claim that is based on a cause of action arising
from any claim for the recovery of charges, fees or levy of solid waste management
services by the licensee or the Corporation or disputes arising from any
charges, fees or levy imposed for solid waste management services between the
licensee or the Corporation and the owner, occupier, local authority or solid
waste generator. The extension of jurisdiction of the Tribunal to hear and
determine claims exceeding fifty thousand ringgit in amount or value if the
parties have entered into an agreement in writing that the Tribunal shall have
jurisdiction to hear and determine such claim. For the abandonment of a claim
as exceeds fifty thousand ringgit in order to bring the claim within jurisdiction
of the Tribunal. Where a claim is lodged with the Tribunal and the claim is
within the Tribunal’s jurisdiction, the issues in dispute in that claim,
whether as shown in the initial claim or as emerging in the course of the
hearing, shall not be the subject of proceedings between the same parties in
any court unless the proceedings before the court were commenced before the
claim was lodged with the Tribunal; or the claim before the Tribunal is
withdrawn, abandoned or struck out.
THE
PROCEEDINGS
The Secretary to the Tribunal shall give
notice of the day, time and place of hearing in the prescribed form to the
claimant and the respondent upon a claim being lodged. The Tribunal may assess whether it is
appropriate for the Tribunal to assist parties to negotiate an agreed
settlement in relation to the claim. The Tribunal is required to approve and
record the settlement where the parties have reached an agreed settlement and
the settlement shall then take effect as if it was an award of the Tribunal. At
the hearing of a claim every party shall be entitled to attend and be heard. No
party shall be represented by an advocate and solicitor at a hearing unless in
the opinion of the Tribunal the matter in question involves complex issues of
law and one party will suffer severe financial hardship if he is not
represented by an advocate and solicitor, but if one party is subsequently
allowed to be represented by an advocate and solicitor then the other party
shall also be entitled. All proceedings before the Tribunal shall be open to
the public. The Tribunal may hear and determine the claim before it notwithstanding
the absence of any party to the proceedings if it is proved to the satisfaction
of the Tribunal that a notice of the hearing has been duly served on the absent
party.
THE
AWARDS
The Tribunal to make its awards without delay
and where practicable, within sixty days from the first day the hearing before the
Tribunal commences. An award of the Tribunal may require one or
more of the following:
(a) that a party to the proceedings pay money
to any other party;
(b) that money be awarded to compensate for
any loss or damage suffered by the claimant;
(c) that costs to or against any party be
paid;
(d) that interest be paid on any sum or
monetary award at a rate not exceeding eight per centum per annum, unless it
has been otherwise agreed between the parties;
(e) that the claim is dismissed.
Before the Tribunal makes an award under the
Act, it may, in its discretion, refer to a Judge of the High Court a question
of law relating to any of the following matters (a) which arose in the course
of the proceedings; (b) which, in the opinion of the Tribunal, is of sufficient
importance to merit such reference; and (c) the determination of which by the
Tribunal raises, in the opinion of the Tribunal, sufficient doubt to merit such
reference. The Tribunal is required to give its reasons for its award in a proceeding.
Orders and settlement of the Tribunal shall be recorded in writing. Every agreed
settlement and every award made by the Tribunal shall be final and binding on
all parties to proceedings and shall be
deemed to be an order of a Sessions Court or Magistrate’s Court and be enforced
accordingly by any party to the proceedings. It is a criminal penalty to any
person who fails to comply with an award made by the Tribunal within the period
specified by the Tribunal. The Tribunal, the members of the Tribunal or
any person authorized to act for or on behalf of the Tribunal exercising any
power under the Act are protected from actions, suit or prosecution if the acts
were done in good faith.
