Clause 11

If, on an application made to the Minister by the Agency, the Minister is satisfied, in relation to any public waste collector licensee, that any one or more of the grounds specified in subsection (2) is satisfied, the Minister may make any one or more of the following orders:

a special administration order in relation to that public waste collector licensee;

an order requiring the public waste collector licensee immediately to take action or to do or not to do any act or thing in relation to that part of its business or undertaking to which its licence relates as the Minister may consider necessary;

an order appointing a person to advise the public waste collector licensee on the proper conduct of that part of its business or undertaking to which its licence relates.(2) The grounds referred to in subsection (1) are —

there has been, is or is likely to be, a contravention by the public waste collector licensee of the conditions of its licence that is serious enough to make it inappropriate for the public waste collector licensee to continue to be designated a public waste collector licensee;

the public waste collector licensee is or is likely to be unable to pay its debts;

a public emergency has occurred;

the Minister considers it in the interest of the security and reliability of waste collection and removal services to the public; or

the Minister otherwise considers it in the public interest.(3) Notice of any application under subsection (1) shall be given immediately by the Agency to such persons and in such manner as may be determined by the Agency.(4) Any order made by the Minister under subsection (1) must be published in such manner as will secure adequate publicity.(5) Any decision of the Minister under subsection (1) shall be final.(6) For the purposes of this section, in the case of a public waste collector licensee which is a company, the public waste collector licensee is unable to pay its debts if it is deemed to be unable to pay its debts under section 254(2) of the Companies Act (Cap. 50).Meaning and effect of special administration orders31B.—

A special administration order is an order of the Minister made in accordance with section 31A directing that, during the period for which the order is in force, the affairs, business and property of the public waste collector licensee shall be managed directly or indirectly by the Agency —

for securing one or more of the purposes of such an order set out in subsection (2); and

in a manner which protects the respective interests of the members, creditors and customers of that public waste collector licensee.(2) The purposes referred to in subsection (1)(a) are —

the security and reliability of the supply of waste collection and removal services in any specified area to the public;

the survival of the public waste collector licensee, or the whole or part of its business for which it is authorised by its licence to carry on, as a going concern;

the transfer to another person, or (as respects different parts of its undertaking) to 2 or more different persons, as a going concern, of so much of the public waste collector licensee’s undertaking as it is necessary to transfer in order to ensure that the functions which have been vested in the public waste collector licensee by virtue of its licence may be properly carried out; or

the carrying out of those functions and duties which have been vested in the public waste collector licensee pending the making of the transfer and the vesting of those functions and duties in other person or persons.(3) The Minister may, by rules published in the Gazette, give effect to this section and section 31A, including making provision for applying, omitting or modifying provisions of Part VIIIA of the Companies Act where a special administration order is made.Remuneration and expenses of Agency and others31C.—

Where a special administration order has been made under section 31A(1)(a), the Agency may, at any time, whether or not the order is still in force, fix the remuneration and expenses to be paid by the public waste collector licensee to the Agency.(2) The Agency may, at any time, fix the remuneration and expenses to be paid by a public waste collector licensee to any person appointed by the Minister under section 31A(1)(c), whether or not the appointment of the person has terminated.Restrictions on voluntary winding up, etc.31D.—

Notwithstanding the provisions of any other written law —

a public waste collector licensee shall not be wound up voluntarily without the consent of the Agency;

no judicial management order under Part VIIIA of the Companies Act shall be made in relation to a public waste collector licensee;

no step shall be taken by any person to enforce any security over a public waste collector licensee’s property, except where that person has served on the Agency 14 days’ notice of the person’s intention to take that step; and

no step shall be taken by any person to execute or enforce a judgment or an order of court obtained against a public waste collector licensee, except where that person has served on the Agency 14 days’ notice of the person’s intention to take that step.(2) The Agency shall be a party to any proceedings under the Companies Act relating to the winding up of the affairs of a public waste collector licensee.”.