KUALA LUMPUR: Littering may soon see offenders slapped with community service orders in addition to a fine after the government tabled amendments to three Acts related to public hygiene in Parliament on Monday.
The three Acts in question are the Local Government Act 1976 (Act 171); the Street, Drainage and Building Act 1974 (Act 133); and the Solid Waste and Public Cleansing Management Act 2007 (Act 672).
Amendments for all three bills were tabled to the Dewan Rakyat for its first reading by Housing and Local Government Minister Nga Kor Ming.
The bill will provide the courts with the authority to sentence someone convicted of an offence either under Section 73(1)(a)(ii) of Act 171, Section 47(1) of Act 133, or Section 77 of Act 672 to perform community service in addition to the fine imposed for the offence.
Section 73(1)(a)(ii) of Act 171, stipulates that failing to keep public places clean and free from liquid waste; failing to prohibit the throwing of liquid waste into any water course as well as failing to prevent such liquid waste from flowing into any such places is an offence.
This also includes failing to regulate or prohibit the bathing or washing of persons, animals or things in such waterways.
Section 47(1) of Act 133 stipulates that any person who litters in a public area or allows a public area to be littered by any sort of waste is guilty of an offence.
Section 77 of Act 672 stipulates that it is an offence to cause damage to vehicles, receptacles or other facilities related to solid waste management.
The amendments will allow courts to sentence a person convicted of breaching any of the previously mentioned Sections to complete up to a maximum of 12 hours of community service which can be carried out up to a maximum of four hours a day but must be completed within a period of six months.
However, courts will be required to identify if it is expedient for the convicted person to perform community service based on their physical and mental condition.
Once sentenced, an officer of a local authority that is duly authorised in writing will be in charge of determining the type, time and place for the performance of community service.
The officer will also be expected to take reasonable steps to inform the convicted person beforehand on the type, time and place of community service, with their performance to be monitored by an officer of a local authority also duly authorised in writing.
Local authorities will also be allowed to make by-laws to prescribe the type of community service to be performed under a community service order and the manner of supervision for those convicted under a community service order.
Any person who failed to comply with their community service order will be liable to a fine of between RM2,000 and RM10,000.
Meanwhile, offenders under the age of 18 who are found guilty of breaching these Sections will instead be subjected to provisions under the Child Act 2001 related to community service orders.
Officers of a local authority, which is duly authorised in writing, have the power to supervise the performance of any community service under a community service order.
“This amendment seeks to instill a greater sense of civic responsibility, promote public awareness and foster a culture of cleanliness, contributing to a cleaner and more sustainable Malaysia,” read the bill.
