LEGISLATIONS AND POLICIES

(For Environmental Engineering and Related Subjects)

1.0 Legislative and Institutional Framework

Currently, there are three levels of Government in Malaysia, namely the Federal
Government, State Government and the Local Authorities (LAs).

a. Local Government Act 1976 (LGA)

This Act empowers the LAs to maintain public health and to carry out activities
dealing with solid waste. Section 72 (1)(a) provides that A local Authority shall
have power to do any of the following things, namely to establish, maintain and
carry out such sanitary services for the removal and destruction of, or otherwise
dealing with, rubbish, litter, dead animals and all kinds of refuse and effluent. By
virtue of Section 73 of this Act, the power of the LAs are extended to make,
amend or revoke by-laws to enable a better carrying out of this provision.
However, not all LAs have enacted such by-laws and such by-laws are normally
limited in nature.

b. Street Drainage and Building Act 1974 (SDBA)

The statute regulates the street, drainage and buildings in Local Authority areas.
This includes prohibitions on depositing of domestic, trade or garden refuse,
liquid wastewater, dust or soil or any other matter in public places.

The LGA and, to a limited extent, the SDBA is currently being used to manage
MSW nationwide.

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c. Environmental Quality Act 1974 (EQA)
This Act is the principal legislation pertaining to environmental protection and it is
generally adequate to address general issues relating to MSW. Pursuant to
Section 51 of the Act, various rules and regulations on the prevention and
controls of environmental pollution are made. Additionally, there are also
provisions for carrying out environmental impact assessment (EIA),
environmental auditing and environmental monitoring. The rules and regulations
of the EQA related to MSW system are as follows:-

i) The Environmental Quality (Sewage and Industrial Effluents)

Regulations 1979 in regards to the control of discharges from domestic,
industrial and other sources of pollution including landfills and incinerator
plants.

ii) The Environmental Quality (Clean Air) Regulations 1978 prescribes

control on emissions from industrial premises and facilities including
incinerator plants, composting plants and landfills.

iii) The Environmental Quality (Environmental Impact Assessment) Order

1987 prescribes activities that are subjected to EIA. Construction of
incineration, composting and recovery/recycling plants and landfills require an
EIA report to be submitted for the approval of the Department of Environment.

iv) The Environmental Quality (Scheduled Waste) Regulations 1989 imposes

controls on Scheduled Waste which are generally classified as toxic and
hazardous waste.

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 Despite its adequacy for the management of matters relating to the prevention
and control of environmental pollution, specific concerns relating to MSW is not
adequately addressed in the provisions and regulations.

d. Town and Country Planning Act 1976 (TCPA)

The TCPA provides for the structure and local plans defining land use and
development plans of specified areas. It empowers the State Planning
Committee (SPC) the role to advise the state on conservation, use and
development of land matters within the State. Section 20A of the Act requires any
development activities within the state to be referred to the SPC.

Thus, location for facilities of MSW Plant can be designated within such plans to
ensure that land is reserved for such purposes to minimise conflicts on future
land uses.

e. National Land Code

The NLC was enacted for the purpose of uniformity in the administration of land
throughout the Federation. The siting of any waste treatment or disposal
facilities, such as landfills or incinerators requires the cooperation of the State for
its implementation.

These legislations lack sufficient depth and coverage to manage solid waste in a
more efficient and sustainable manner. A comprehensive set of law is the corner
stone for effective MSW Management System throughout the country.

In summary, the current MSW management system in Malaysia involves the

participation of various government agencies from the Federal Government to
the State Government and LAs. These agencies are given the power to manage
solid waste by virtue of various legislations. Table 1 shows the main agencies
involved and its current functions together with the relevant legislations in the
current MSW Management System.

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 Table 1: Main Agencies Involved and its Current Functions in
Solid Waste Management
Current Functions in Solid Waste Relevant
Agency(s)
Management (SWM) Legislation(s)
MHLG 1. Establishment of local authorities LGA, SDBA
2. National policies on SWM and Secretariat
to the National Council for Local
Government
3. Funding of local government services
4. Privatisation of local government services
State 1. Establishment of local authorities LGA, SDBA,
Governments 2. Approval/gazetting of by-Laws of local National Land Code
authorities
3. Monitor, coordinate and set policy
directions local authorities
4. State funding of SWM
5. Approval/allocation of land
Local 1. Plan, develop and manage all SWM LGA, SDBA and By-
Authorities facilities and services Laws
2. Appoint/license contractors for services
3. Monitor and enforce the laws on SWM
4. Collect/disburse property assessment
EPU 1. Privatisation of SWM Nil
2. National policies on local government
3. Approval of federal funding for SWM
DOE 1. Enforcement of the EQA EQA and
2. Review of EIA for landfills, incinerators, Subsidiary regulations
and other facilities
3. Determination of environmental standards
MOH 1. Public health and sanitation LGA
2. SWM in rural areas

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2.0 Other Legislative and Institutional Framework of Developed Countries

A comprehensive set of policies and strategies by the Government of United

Kingdom (UK) has been established to provide the framework for waste
management with the aim of identifying how wastes can be managed in a
sustainable way. Most of these strategies and policies are influenced and derived
from the EC Directives. Within the framework, each authority related to the
management of wastes sets the goal and objectives leading to the establishment
of a national policy on waste management. The UK Government has also
imposed a landfill tax with the aim of ensuring that waste disposed of at landfills
are properly priced to reflect the true environmental costs of landfill disposal.

There is an indication whereby the UKs success in managing its wastes is due to
the progressive change in legislations (Source: Wan Ramli Wan Kadir, A Review
of Sustainable Waste Management Policy and Institutional Frameworks for
Developing Countries). Thus, in attaining a sustainable solid waste management
scheme, the basic legal requirements should provide identification of what is to
be regulated as waste, who is responsible for waste, where can waste be
disposed of and how disposal shall take place.

The results of such comprehensive legislation provide the directions and

objectives for all sectors involved in the waste management industry which
consequently leads to a sustainable waste management. Thus, there is a need
for Malaysia to adopt a comprehensive law in achieving a sustainable waste
management system.

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3.0 Concession and Privatisation of MSW Management System

The concession for MSW Management System for Selangor, Kuala Lumpur, Cyberjaya
and Putrajaya has been awarded to Alam Flora Sdn. Bhd. (Alam Flora). However, full
privatisation will only be legalised after the enactment of Solid Waste Management Act
which confers executive authority of the MSW Management System to the Federal
Government and the signing of Concession Agreement between the Federal
Government and Alam Flora for the Central Region.

Currently, Alam Flora has conducted an interim take-over of the solid waste
management activities from the Local Authorities by virtue of the Management
Agreement executed between the respective local authorities and Alam Flora.

4.0 Existing MSW Management System

At present, the method of solid waste collection from households is direct from the
generators. Waste is normally collected by the curb side or back lanes and hauled
directly from the collection points to the respective disposal sites. Other remaining
wastes are sent for treatments at small incineration plants, diverted to recyclers, re-
processors or are dumped illegally. It is a common practice in the country to dump
wastes at illegal dump sites.

As a new addition to MSW Management system in Malaysia, the Ministry of Housing

and Land Government (MHLG) constructed transfer stations as a transit point between
collection areas and disposal sites. As part of the measures in integrating the existing
MSW system, waste diversions efforts are carried out through the embarkation of the
3R Programs (Reduce, Reuse and Recycle). However, there is no legislative provision
which promotes the 3R Programs. Informal recycling in the form of tailgate recycling
and scavenging at landfills and transfer stations is available in the urban areas. Formal
recycling has been carried out by the Government through the National Recycling

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Programs. However, in certain constituents a more formal form of waste diversion
efforts has been carried out at the disposal sites in the form of landfill sorting.

5.0 Disposal Sites

Waste disposed is normally close to where it is collected. This supports the close
proximity principle in which the transportation facilities are easily obtained and supports
the cost-saving methods.

The Ministry of Housing and Local Government prescribed Technical Guidelines on

Sanitary Landfills Design & Operations (1990) to determine the landfill levels in the
country. The landfills are categorised into four levels: Level One being the lowest level
and Level Four being the sanitary level. Presently, the lifespan of landfills is critical and
most landfills are expected to be full and will be closed in the near future. Therefore,
prolonging the lifespan of these landfills is essential and waste minimisation plans are
necessary to overcome the existing MSW management problems.

However, the operation of the landfill sites is lacking in regulations and policies which
results in inadequate management and control over the sites. Currently, no clear party
is responsible to ensure the management of the landfill sites is done smoothly. There is
little or no allocations available for the investment on necessary measures to protect the
environment and to prevent harm to human health.

6.0 Public Awareness

The Environmental Impact Assessment is one of the major avenues in which public
participation and views on the current MSW managements system are sought after. In
general, public awareness is lacking in the 3R Programs and waste minimization

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programs. Numerous campaigns on the 3R Programs are conducted at both the
national and the state level to increase public awareness.

7.0 Future Trend of Municipal Solid Waste Management System in Malaysia

This millennium presents great challenges to developing countries, which necessitates

Malaysia to adopt new approaches towards development for the future. It can be
envisaged that the future trend of MSW management system in Malaysia will tend to
incline towards a more sustainable waste disposal methods. Such speculation is in line
with various national policies and strategies formulated by the Malaysian Government in
order to achieve a rapid but stable development and to adjust to changing requirements
and circumstances of the nation.

7.1 National Policies and Strategies

a. Vision 2020
Vision 2020, launched in 1991 has become the basis for future planning in the
country. This national vision sets out to cover a thirty-year period in order to
provide a long term focus for national development efforts. It calls for total
development of Malaysia whereby:-

By the year 2020, Malaysia can be a united nation with a confident

Malaysian society, infused by strong moral and ethical values, living in a
society that is democratic, liberal and tolerant, caring economically just
and equitable, progressive and prosperous and in full possession of an
economy that is competitive, dynamic, robust and resilient. (The Right
Hon. Dato Seri Dr. Mahathir Mohamad, 28 Feb 1991)

In effect, Vision 2020 focuses on a suitable balance of a developed nation and

adds a humanistic element to the Malaysian concept of development. This

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 element stresses the importance of creating a caring society and a caring culture
based upon a strong and resilient family system expected to enable individuals to
weather the negative effects of development in an effective way.

The National Development Policy (NDP) sets the first decade under the Vision
2020. It emphasises the growing concern of Malaysians that increasing
considerations need to be given to non-materialistic matters in national
development encompassing the strengthening of social and spiritual values as
well as the protection of the environment and ecology.

b. Eighth Malaysia Plan (2001 2005) (RM-8)

The key strategies of the Plan includes adopting an integrated approach in
addressing environmental and resource issues to attain sustainable development
and enhancing further the quality of life through improving accessibility to social
services as well as developing the aesthetic aspects of life.

This Plan envisions a comprehensive waste management policy addressing the

issues of waste reduction, reuse and recycling. The collection and disposal of
waste will be improved with the completion of the solid waste privatisation
process. Additionally LAs are encouraged to introduce initiatives and appropriate
economic approaches to reduce the amount of household waste.

c. Action Plan for a Beautiful and Clean Malaysia (1988) (ABC Plan)
The Plan aims to establish solid waste management system that covers the
whole of Malaysia which is uniform, cost effective, environmentally sound and
socially acceptable, enhancing further the image of Malaysia as a beautiful and
clean country.

The Plan aims to achieve a Beautiful and Clean Malaysia whereby the quantity of
solid waste generation is controlled and thereafter properly managed. This Action

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 Plan set out a specific target to achieve a tangible improvement in MSW
management in Malaysia by 1995. However, this plan was not formally
implemented by our country.

d. International Policies
In line with the various national policies which express on steps to be undertaken
to fulfill the nations obligations towards International Conventions and Protocols,
Malaysia has become a signatory to various international policies which
highlights the protection of the environment and introduction of modern treatment
and disposal method for waste management system to member countries.

e. The Kyoto Protocol

Malaysia has ratified the Kyoto protocol in the year 2002. This Protocol is
developed by the United Nations Framework Convention on Climate Change
(UNFCC) to address the impact of developed industrialised countries on climate
change. The parties to this protocol are to ensure that emissions of their
greenhouse gases are limited and a reduction commitment from these countries
are expected of such gas emissions. The Protocol imposes upon the member
parties to implement further elaborate policies and measures in accordance to
national circumstances to achieve the quantified emission limitation and
reduction commitments under this Protocol.

f. Agenda 21 (1992)
Chapter 21 of Agenda 21 refers to the management of solid waste elaborating on
strategies and measures to halt and reverse the effects of environmental
degradation in the context of increased national and international efforts to
promote sustainable and environmentally-sound development in all countries. It
is also hereby affirmed that environmentally-sound management of wastes was
among the environmental issues of major concern in maintaining the quality of

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 the Earths environment especially in achieving environmentally-sound and
sustainable development in all countries.

The four major waste-related program areas are recognised as follows:-

i) Minimising wastes;

ii) Maximising environmentally-sound waste reuse and recycling;

iii) Promoting environmentally-sound waste disposal and treatment; and

iv) Extending waste service coverage.

Agenda 21 recognises that these four programs are interrelated and mutually
supportive. Thus, in order to provide a comprehensive and environmentally
responsive framework, these four program areas must be integrated and
signatory countries, such as Malaysia, to develop and implement a program of
action to achieve a sustainable approach to the solid waste management within
the respective country for the next century.

Agenda 21 includes the Climate Change Convention designed to reduce

emissions of Greenhouse Gases including methane and carbon dioxide.

g. Solid Waste Management Bill

As Malaysia is the signatory to various international Protocols and Policies, it is
pertinent to note that there is an urgent need for a more comprehensive law on
MSW management system for the country to achieve a sustainable development
for Malaysia. Further, other developed nations having a strong legislative
background with regards to solid waste management such as the United
Kingdom and Japan provide examples for us to create a sustainable future for

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the MSW management. The project proponent has recognised, as discussed
earlier, that various legislations relating to solid waste in the country is plagued
with gaps and loopholes.

The Malaysian Government has introduced the Solid Waste Management Bill
which consolidates all laws and provides a uniformity of law pertaining to the
MSW management system nationwide. The salient feature of this new Bill is to
confer executive authority for matters relating to MSW management in Malaysia
to the Federal Government. The objective of this new Bill is to enhance public
health and sanitation through the provision of better MSW services and facilities
in the country.

The Bill outlines the application of the Act to all the states in Malaysia and
various activities relating to MSW including the basic definition of certain
terminologies including waste , solid waste and landfill, among others. The
management framework for the establishment of a Federal Agency that has
overall responsibility and authority for the sustainable management of solid waste
within the country is outlined herewith.

This new Bill also determines the role of the State and local authorities and
coordinating these government bodies to undertake monitoring, enforcement and
auditing of the solid waste management system. Delegation of powers from the
Federal Agency to State and LAs are provided for, together with the power to
make regulations, directives and guidelines by the necessary agencies to cover
detailed technical and operational matters. Other adoption of measures such as
waste minimisation, environmental policies and principles, sources of funds,
requirement of the 3R Programs and privatisation of various waste services are
covered by the new Bill.

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 However, due consideration on the current statutes relating to MSW
management system must be given to avoid duplication and conflict when the
new Bill has been passed as an Act.

h. Concession and Privatisation of MSW Management System

Upon the new Bill being passed as legislation, the privatisation service shall be
legalised and full privatisation shall take place. In addition, the government shall
also execute a Concession Agreement with Alam Flora. This Agreement grants
Alam Flora a concession period of twenty years with a possible extension period
by the government for the collection and cleansing services for the Central
Region.

8.0 Effect of Legislation on the Future Management of MSW

The current legislations and institutional framework for MSW management

system in the country left much to be desired. LAs are presently the weakest link
within the three levels of government as they are weak in financial, technical and
organisational terms but has the most responsibility in managing the MSW
system of the most urbanised and industrialised part of the country.

With the introduction of the draft bill governing the management of the solid
waste, MSW management is expected to be regulated more comprehensively in
the future. The three-tiered institutional framework of Malaysia becomes more
precise in their roles to support the sustainable management of solid waste.

Further, our national policies such as the OPP3 highlight the concerns of a
growing urban population and additional demands for public services and social
amenities. As such, new strategies are required to enhance the capacity of LAs
to face challenges of managing MSW.

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It is glaring that our country is in need of a more sustainable MSW system in the
direction of Malaysia becoming a fully developed country. The global awareness
on climate change directs countries in the world to have a sustainable MSW
management system to enhance the development of each country.

The flow of future MSW collection system is similar to the current trend whereby
waste is collected from household and hauled to disposal sites. However,
greater awareness on the 3R programs shall be imposed on the public. The new
Bill is expected to design detailed regulations to be made on waste reduction,
recycle and reuse. These regulations set the targets, methods of recycling and
recovery, sorting at source, separate collection system and determination of
progress towards the target.

There is also an adoption of measures to minimise waste in the new Bill.

Methods for determining of quantities/percentage of recycling or recovery and
waste minimisation should be imposed in the regulations.

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