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Page 1: Household Solid Waste Management in Malaysia: A Legal ... Solid Waste... · Household Solid Waste Management in Malaysia: A Legal Perspective . Organised by . By APCEL Visiting Researcher

Household Solid Waste Management in Malaysia: A Legal Perspective

Organised by

By APCEL Visiting Researcher

Ms Intan Nadia Ghulam Khan, Lecturer Faculty of Syariah and Law, Universiti Sains Islam Malaysia (USIM) & Ph.D Candidate,

Faculty of Law, National University of Malaysia

Chairperson: Associate Professor Lye Lin Heng, Director, Asia-Pacific Centre for Environmental Law (APCEL)

Monday, 26 October 2015

4.00pm – 5.30pm

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HOUSEHOLD SOLID WASTE MANAGEMENT IN MALAYSIA: A LEGAL PERSPECTIVE

Intan Nadia Ghulam Khan Ph.D Candidate, Faculty of Law, Universiti Kebangsaan Malaysia

(UKM) Lecturer, Faculty of Syariah and Law, Universiti Sains Islam Malaysia

(USIM)

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Outline • Introduction • International convention & other international environmental

instruments • Current institutional framework

in several States and Federal Territories in Malaysia • Current legal framework in several States and Federal

Territories in Malaysia • Solid waste related laws in other countries • Summary

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Introduction: Waste Generation, Composition and Recycling Rate in Malaysia

2005 2012 Population 26,600,000 28,300,300 Waste Generation (tonne/day)

19,000+ 33,000

Generation rate 0.8kg/day/person 1.1kg/day/person Waste composition

Food waste 45 44.5 Plastic 24 13.2

Diapers - 12.1 Paper 7 8.5

Garden waste - 5.8 Glass 3.3

Textile 3.1 Others 24 9.5

Recycling Rate (100%) 5 10.5

(Source: Ab. Rahim bin Md. Noor. (22-23 April 2014). Waste Minimization through Separation at Source and Waste Recovery. WMAM Conference)

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State Number of

Operating Landfills

Number of Non-operating

Landfills

Total

Johor 14 23 37

Kedah 8 7 15

Kelantan 13 6 19

Melaka 2 5 7

Negeri Sembilan 7 11 18

Pahang 16 16 32

Perak 17 12 29

Perlis 1 1 2

Pulau Pinang 2 1 3

Sabah 19 2 21

Sarawak 49 14 63

Selangor 8 14 22

Terengganu 8 12 20

WP Kuala Lumpur 0 7 7

WP Labuan 1 0 1

Total 165 131 296

(Source: National Solid Waste Management Department, Ministry of Urban Wellbeing, Housing and Local Government, http://www.kpkt.gov.my/, accessed on 23 February 2015)

Landfills in Malaysia

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Issues

•Low recycling rate •Poor management of landfills • Increase generation of solid waste

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International Convention & Other International Environmental Instruments • UN Convention on the Control of Transboundary

Movements of Hazardous Wastes and Their Disposal (1989 Basel Convention)

• Rio Declaration on Environment and Development

• Agenda 21

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Malaysia Plan & National Policy • Eleventh Malaysia Plan (2016-2020) Revision on the Solid Waste & Public Cleansing

Management Act 2007 (Act 672) Strengthening the institutional framework Reinforcing coordination among relevant ministries and

agencies • National Solid Waste Management Policy

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Current Institutional Framework in several States and Federal Territories in Malaysia

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Ministry of Urban Well Being, Housing & Local Government

- The Federal Government has the executive authority (section 3 of Act

672)

National Solid Waste Management Department Malaysia

- Established in order to integrate the solid waste management system

at the national level

The Solid Waste and Public Cleansing Management Corporation - One of its functions is to implement

and enforce the solid waste and public cleansing management laws

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Privatization

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• A concession agreement between the Solid Waste and Public Cleansing Management Corporation and the concession companies was signed for the privatization of the solid waste and public cleansing management for the period of 22 years.

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Current Legal Framework in Several States and Federal Territories in Malaysia

Federal Constitution

Main Statutes Subsidiary Legislations

Others

- Act 672 was passed in accordance with Article 74 (1) and Article 80 (2) of the Federal Constitution.

- Solid waste management falls under the concurrent list (Third List) of the Ninth Schedule, Federal Constitution under item, sanitation.

- The Solid Waste & Public Cleansing Management Act 2007 (Act 672)

- The Solid Waste

and Public Cleansing Management Corporation Act 2007 (Act 673)

- e.g. The Solid Waste and Public Cleansing Management (Scheme for Household Solid Waste and Solid Waste Similar to Household Solid Waste) Regulations 2011

- The Town and Country Planning Act 1976 (Act 172)- New provision inserted

- Amendment to the Street, Drainage and Building Act 1974 (Act 133) and the Local Government Act 1976 (Act 171)

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The Solid Waste & Public Cleansing Management Act 2007 (Act 672) • Different dates may be assigned: for the coming into operation of the SWPCM Act 2007

(Act 672) in different parts of Peninsular Malaysia; for the coming into operation of different provisions of the

SWPCM Act 2007 (Act 672); or for the coming into operation of different provisions of the

SWPCM Act 2007 (Act 672) in different parts of Peninsular Malaysia and the Federal Territories of Putrajaya and Labuan (section 1 (3) of Act 672)

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The Solid Waste & Public Cleansing Management Act 2007 (Act 672) • Separation of controlled solid waste (e.g. section 74 (1) of

Act 672) • Collection of controlled solid waste (e.g. section 73 (2) of

Act 672) • Transportation of controlled solid waste (e.g. section 71

(1) of Act 672) • Sanitary landfill (e.g. section 71 (2) of Act 672) • Recycle, Reduce and Reuse (e.g. section 101 of Act 672) • Take Back and Deposit System (section 102 of Act 672)

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Other States in Malaysia • Still apply the same laws as applicable for the whole States in

Peninsular Malaysia before the coming into force Act 672 • The laws are: The Town and Country Planning Act 1976 (Act 172) The Street, Drainage and Building Act 1974 (Act 133) The Local Government Act 1976 (Act 171) • The local authorities are in charge of solid waste management

• Sabah and Sarawak have different set of laws governing the

solid waste management since the new statutes are passed with the scope to cover only the Peninsular Malaysia and the Federal Territories.

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Laws in other countries • Singapore

The Environmental Public Health Act, Chapter 95 (Act 14

of 1987) (EPHA). EPHA’s subsidiary laws including the Environmental

Public Health (General Waste Collection) Regulations

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Laws in other countries • Japan

Waste and recycling laws in Japan include:

Waste Management and Public Cleansing Law The Basic Act for Establishing a Sound Material-Cycle

Society Law for the Promotion of Sorted Collection and Recycling

Containers and Packaging

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Summary • Currently the laws are not enforceable in some States in

Malaysia • Enforcement of the provisions are in stages in the States

and Federal Territories in Malaysia which apply the Act 672

• Enforcement of the laws in Malaysia needs to be

enhanced • There is a need for more subsidiary legislations in

Malaysia, e.g. subsidiary legislation on waste reduction

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THANK YOU

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