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 Ms Intan Nadia Ghulam Khan, Lecturer

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  • 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

    http://law.nus.edu.sg/apcel/http://law.nus.edu.sg/apcel/

  • 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)

    26/10/2015 2

  • 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

    26/10/2015 3

  • 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)

    26/10/2015 4

  • 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

    26/10/2015 5

    http://www.kpkt.gov.my/http://www.kpkt.gov.my/http://www.kpkt.gov.my/http://www.kpkt.gov.my/http://www.kpkt.gov.my/http://www.kpkt.gov.my/http://www.kpkt.gov.my/http://www.kpkt.gov.my/http://www.kpkt.gov.my/http://www.kpkt.gov.my/

  • Issues

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

    26/10/2015 6

  • 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

    26/10/2015 7

  • 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

    26/10/2015 8

  • Current Institutional Framework in several States and Federal Territories in Malaysia

    26/10/2015 9

    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

  • Privatization

    26/10/2015 10

    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.

  • 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)

    26/10/2015 11

  • 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)

    26/10/2015 12

  • 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)

    26/10/2015 13

  • 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.

    26/10/2015 14

  • Laws in other countries Singapore

    The Environmental Public Health Act, Chapter 95 (Act 14

    of 1987) (EPHA). EPHAs subsidiary laws including the Environmental

    Public Health (General Waste Collection) Regulations

    26/10/2015 15

  • 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

    26/10/2015 16

  • 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

    26/10/2015 17

  • THANK YOU

    26/10/2015 18

    Slide Number 1Household Solid Waste Management in Malaysia: A Legal PerspectiveOutlineIntroduction:Waste Generation, Composition and Recycling Rate in MalaysiaLandfills in MalaysiaIssuesInternational Convention & Other International Environmental Instruments Malaysia Plan & National PolicyCurrent Institutional Framework in several States and Federal Territories in MalaysiaPrivatizationCurrent Legal Framework in Several States and Federal Territories in MalaysiaThe Solid Waste & Public Cleansing Management Act 2007 (Act 672)The Solid Waste & Public Cleansing Management Act 2007 (Act 672)Other States in Malaysia Laws in other countriesLaws in other countriesSummaryTHANK YOU

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