Laws and Regulations

National Laws and Regulation

Malaysia has several basic national policies, laws and regulations, which are directly and indirectly related to waste (including hazardous waste) management.

National Policy on the Environment 2002 was set up for continuous economic, social, and cultural progress and enhancement of the quality of life of Malaysians through environmentally sound and sustainable development. The policy aims to (i) provide  a clean environment, safe, healthy, and productive environment for present and future generations; (ii) conserve the country’s unique and diverse cultural and natural heritage with effective participation by all sectors of society; and (iii) sustain lifestyles and patterns of consumption and production.

National Solid Waste Management Policy was first introduced in 2006, and revised later in 2016. It aims to establish a solid waste management system that is holistic, integrated, cost-effective, sustainable, and acceptable to the community with emphasises on the concept of waste management hierarchy.

National Green Technology Policy 2009 aims to significantly improve energy, buildings, water and waste management, and transport. In the water and waste management sector, it provides strategic thrusts on the adoption of green technology in the management and utilisation of water resources, wastewater treatment, solid waste, and sanitary landfill.

National Cleanliness Policy 2019 outlines 14 strategies and 91 action plans within 2020–2030, grouped into five clusters: awareness of cleanliness, environmental sustainability, circular economy, governance and enforcement, and quality and skilled human capital. One of the strategies in circular economy cluster is implementing extended producer responsibility (EPR) to promote recycling through an EPR implementation plan, an EPR roadmap, reverse vending machine, and stakeholder engagement platform.

Environmental Quality Act 1974 mentions provision on prohibition and control of pollution (Part IV), including restriction on pollution of the atmosphere (Article 22), the soil (Article 24) and inland waters (Article 25), prohibition of discharge of wastes into Malaysian waters (Article 29), prohibition on open burning (Article 30), power to require occupier to install, operate, and repair (Article 31). Article 29 states that ‘[n]o person shall, unless licenced, discharge environmentally hazardous substances, pollutants, or wastes into the Malaysian waters’.

Environmental Quality (Scheduled Wastes) Regulations 2005 classify scheduled wastes. Rags, plastics, papers or filters contaminated with either inorganic or organic constituents (SW 410) is classified as the scheduled waste, which requires treatment, disposal or recovery at prescribed premises.

Promotion of Investments Act 1986 gives fiscal incentives for the manufacture of biodegradable packaging and household ware as well as waste-recycling activities listed as promoted products and activities (UNEP, 2018). Manufacturers and promoters of such products and activities are eligible for pioneer status and investment tax allowance.

Solid Waste and Public Cleansing Management Act 2007, part IV, states that any solid waste management services and facilities or any public cleansing management services require a licence from the Director General of Solid Waste and Public Cleansing Management. Chapter 30(1) of part V states that ‘[t]he Minister may from time to time prescribe, either separately or as a consolidated rate, controlled solid waste charges, fees, or levy which shall be paid by (a) the owner; (b) the occupier; (c) the local authority; or (d) any other person, to whom solid waste management services are provided under this Act’. In line with part IV, part VIII states that all controlled solid waste shall be deposited, treated, kept, stored, or disposed of only at licenced solid waste management facilities. In addition, any person in possession of any controlled solid waste shall take all reasonable measures to prevent the escape of any controlled solid waste from his possession. Reduction, reuse, and recycling efforts are enhanced by imposing several requirements in part X, including a take-back system and deposit refund system. Malaysia has, since September 2015, enforced mandatory solid waste separation, especially at the source of waste, in Kuala Lumpur, Putrajaya, Johor, Melaka, Negeri Sembilan, Pahang, Kedah, and Perlis (Yusof et al., 2019).