Clause 9

No person shall construct, establish, maintain or operate any disposal facility without a waste disposal licence granted by the Commissioner under this section.(2) The Commissioner may grant a licence authorising any person to construct, establish, maintain or operate any disposal facility.(3) A licence may be granted under this section following a public tender or in such other manner as the Commissioner thinks fit.(4) Except as otherwise prescribed under section 100(5), the Commissioner may require any waste disposal licensee to render a payment on the grant of a licence under this section or such periodic payments during the currency of the licence or both of such amount or amounts as the Commissioner may determine by or under the licence.(5) Without prejudice to the generality of section 100(1), conditions attached to a licence granted under this section may include —

a condition requiring the licensee to comply with such standard of service and level of performance as the Commissioner may specify;

the right of the Commissioner in the public interest to make modifications to any condition of the licence or add new conditions during the period to which the licence relates;

a condition regulating the charge to be levied by the licensee for the provision of the waste disposal facility; and

a condition requiring the licensee not to accept any waste which in the opinion of the Commissioner is not suitable for disposal.(6) The Commissioner may by notice in writing require any owner or occupier of any work place to construct, establish, maintain or operate any disposal facility.(7) Any person using, working or operating a disposal facility shall use, work or operate such facility in such manner as the Commissioner may require.(8) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both.(9) If in any proceedings for a contravention of subsection (1) it is shown that any premises are being used as a disposal facility, it shall be presumed, until the contrary is proved, that the occupier of the premises has constructed, established, maintained or operated the disposal facility.”.