Extended Producer Responsibility (EPR) for Plastics and Packaging

Malaysia

Existing Policies Related to Extended Producer Responsibility (EPR)

While there are currently no specific policies or laws on EPR in Malaysia, a number of existing regulations related to solid waste management (SWM) have laid the groundwork for an EPR system. Section 102 of the Solid Waste and Public Cleansing  Management Act 2007 (Act 672) grants the Minister charged with the responsibility for solid waste and public cleansing management the authority to introduce EPR through take-back and deposit refund systems. Furthermore, the National Solid Waste Management Policy 2016 provides a comprehensive framework for SWM, emphasizing the principles of reduce, reuse, and recycle (3R), which align with EPR objectives. For states not adopting Act 672, namely Kelantan, Terengganu, Perak, Selangor and Penang, the law applicable would be the Local Government Act 1976 (Act 171), which generally provides for pollution, where Part VIII, regulates pollution of streams from solid or liquid refuse. Another general provision on addressing pollution can be found in the Environmental Quality Act 1974 (Act 127), where the term ‘waste’ is defined to include solid waste. Section 24 of the Act prohibits pollution of the soil states, while Section 29 prohibits the discharge of wastes into Malaysian waters.

Sabah and Sarawak have different sets of laws governing solid waste management, as Act 672 covers only Peninsular Malaysia and the federal territories. In Sabah, the applicable laws are the Local Government Ordinance 1961, the Public Health Ordinance 1960, and some By-Laws which include Uniform (Anti-Litter) By-laws 2010, Uniform (Beauty and Health Care Centre) By-laws 2014, Uniform (Compounding Offences) By-laws 2013, and Conservancy and Hygiene By-laws. The applicable laws in Sarawak are the Natural Resources and Environment Ordinance, the Local Authorities Ordinance 1996, and the Protection of Public Health Ordinance 1999.

In line with these efforts, the Malaysian Government has devised several strategies and action plans that incorporate EPR to enhance waste management and promote resource circularity as delineated below.

1. National Sustainable Consumption and Production (SCP) Blueprint (2016-2030), which identifies the roles and responsibilities of consumers and industries in achieving a circular economy waste system. 

2. Green Technology Master Plan 2017-2030, proposing the development of EPR policies to facilitate growth in resource recovery while outlining the responsibilities of industries in product development and end-of-life goods collection and disposal.

3. Malaysia’s Roadmap Towards Zero Single-Use Plastics 2018-2030, which implements pollution charges on consumers and manufacturers of single-use plastics among its strategies.

4. National Cleanliness Policy (2020-2030), advocating for EPR implementation to promote recycling within the circular economy policy cluster.

5. Twelfth Malaysia Plan 2021-2025, prioritizing in the adoption of the EPR approach, alongside user-pay and polluter-pay principles, to support the circular economy.

Malaysia Plastics Sustainability Roadmap 2021-2030, which outlines five actions to transition to a sustainable plastics economy, including the development of an EPR scheme and the establishment of a Producer Responsibility Organisation (PRO) to coordinate the operation of the EPR scheme.