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Waste administration in Malaysia: a case study.

Background:

Waste pollution is a global concern and our environment has been facing a critical situation due to its impact and even our environment facing environmental degradation. It is widely published that the urban environment became unhealthy due to several reasons. Waste pollution is one of them. The South Asian countries along with the other parts of the world including South Africa have been facing these consequences severely due to their heavy population, poverty, inadequate modern technology facilities etc. Most of the countries are recycling their wastes using their traditional methods which are not adequate in coping with the pollution. Now, they are rethinking and moving towards the modern technology as applied in the developed countries including the US and the EU in the world. It is noted that these technologies are quite expensive. The developed countries are almost using technology for recycling their wastes. Many national and international companies have been working in the most of the countries in the world under certain rules and regulations. Regarding the initiatives, in protecting the environment, some important initiatives such as the Stockholm Conference, 1972; the Rio Summit, 1992; the Johannesburg Declaration, 2002 etc.; have already been made and the respective government has also been working in line with its direction in protecting their environment. Moreover, many regional and international intergovernmental organizations such as the UNO, SAARC, OAS etc., have also been

working in this regard. With regard to religious importance on this issue, there are some guidelines in the Holy Quran along with other religions in protecting our environment.

This study also finds that most of the countries in this world have their own waste management laws and policies under their environmental laws and policy headed by their respective Ministry of Environment and the Department in protecting their own environment. In Malaysia, it is an exception to it and has been working in the same manner. Particularly, the Kajang municipal community has been facing severe consequences due to waste pollution. It also leads contamination of ground water and air that may have adverse effects on the health. It also blocks the drainage system and creates flooding in the streets leading towards mosquitoes, bad odour, and inconvenience, child diseases that may lead to environmental degradation including malaria, dengue fever, respiratory problems, eye and skin diseases etc.

A study finds that around 95-97% of waste is taken to landfill sites for disposal that are almost household wastes. It is simply disposed of in landfills but the landfill capacity is severely limited and expansion of efficient, sanitary landfills, extremely problematic. There are also other problems such as the short-term contractual arrangements, absence of support for recycling mechanisms at the community level, the limited land availability, lack of good governance etc. It has made modern life styles acute waste problems. In addressing this issue, the Municipal Council Kajang has been implementing local government laws and policies. There are some important regulations such as the Environment Quality Act, 1974; the Solid Waste and Public Cleansing Management Act, 2007 applicable only to Peninsular, Federal Territories of Putrajaya and Labuan along with some other relevant plans and policies such as the 3rd plan, 9th & 10th Malaysian Plan; the Local Government Act, 1976; the Streets, Drainage and Buildings Act, 1974 the National Policy on the Development and Implementation of regulations (Draft Version) 2012, constitutional mandates and the concerned Departments etc. Moreover, some directions and guidelines may be observed from Federal and States constitutions.

Literature Review:

In order to draw a conceptual framework for this research work, we need to discuss the relevant existing literatures in this regard as follows:

The existing literatures may be discussed in many dimensions in relationship to clean environment, human rights issues, effects and laws and policies, implementation and execution etc. However, these literatures have been discussed dividing into two parts such as the global context and the Malaysian context.

In the global context, it is observed that this topic has been discussed widely under the environmental law and policy in the different countries in this world. Numerous authors from the different countries and perspectives have been discussed and still, working on this issue and found that the nature and effects of the waste pollution on the environment is almost the same kind all over the world.

In Malaysia, waste pollution is one of the important agendum and has been discussed in many ways widely in the country. This study noticed that there are some relevant studies carried out on the waste pollution and found that the almost methods for managing the waste pollution including in Bangi-Kajang is being carried out. Most of the private companies are engaged and responsible for this waste disposal. Some other private organizations, nongovernmental organizations, voluntary organizations, international bodies etc.; have been working on this issue. This study observed that there are some associations such as the Waste Management Association in Malaysia working relating to the waste management issues and challenges. They are implementing a lot of policies and objectives on the waste management. They are doing research, seminars, symposium, international conferences, and workshop on the waste management.

About the role of the government, the Malaysian government is committed to managing the waste pollution as their vision set in the 2020 and in the meantime, some specific authorities have been assigned to carry out its mission and vision. The local government authorities in Malaysia have been working as a part of the commitment.

The relevant authors think that waste pollution should be regulated under the environmental law. They are also very much concerned with it that should be strengthened. It is also mentioned that indeed, improper waste throwing including industrial wastes may cause harm to human health (Bakri-Ishak, 2010). They have been using very traditional recycling approach compared to any other developed nations in the world. Some authors including Mr. Bakri are supporting inadequacy of the waste management laws including lack of infrastructure facilities and landfills etc.; (Nadi Behzad and others, 2011). They also blamed their local culture and values. Like Mr. BakriIshak and others, our government is also worried about it and they are encouraging the private companies and enacting news laws and policies in this regard (MuhyiddinYassin, 2011).

Trend of Urbanization and industrial development are also one of the major issues of the waste pollution as supported by the (Hassan M.N., 1996) the JICA Malaysia and the direct consequences are observed (K.H. Chua and others, 2011). Supporting the above, one study also shows that the management is responsible for the weak disposal (Abdelnasar Omran & others 2007). Another author mentioned that the municipal services are not adequate to the needs of the people. The author finds that the curriculum on the waste management is hardly taught at the higher education level. Therefore, the human resources aren't developed as per the needs of the country (Zaini Sakawi, 2011).

Nadzri Yahaya (2007) discusses policy review, issues and strategies and importance of the new recently passed entitled 'the Solid Waste and Public Cleansing Management Act 2007' highlighting the relevant policies such as the 3rd plan, 9th Malaysian Plan and the National policy.

Biodegradable and non-biodegradable issues have been discussed including the role of the NGOs. She also focuses on the Malaysian measures on the waste management and administration and the necessary measures are not adequate as compared to our present needs (Suzanna Mohamed Isa (2006). Some issues in line with it such as compliance has been discussed (Azmi Sharom, 2000) and finds some difficulties in this regard. Regarding the pollution on the natural resources, some issues have been discussed by Mr.AbdRahman, IqbalBadar, AwangAzahan, Chong.

In the UK and EU, several issues such as the community waste management law, waste control in the United Kingdom, controlled waste, non-controlled waste, duty of care, the rubbish clearance, waste collection, carriers of waste, waste recycling, special waste, trans boundary shipment of waste, waste disposal by the local authorities, unauthorised handling of controlled waste, licences for waste facilities, supervision of waste disposal facilities, incineration of waste, disposal at sea, civil liability for waste management operations etc. (John H. Bates, 1992) and Francis Mc. Manus and Ludwig Kramer. The role of the International Court of Justice along with other relevant courts and their case laws may be discussed pertaining to waste pollution (Margaret Austin & others, 2004). Hawkins and H.S. Shaw (2004) have broadly discussed the nature of waste pollution in England and Wales. The waste pollution and human rights violation including the role of relevant stake holders has been discussed by Michael Faure and Nicole Niessen (2006). Garbutt (1995) discusses the waste management laws and policies in the context of England and Wales in protecting and developing their environment. It is a complete book on the waste management law that covers almost every aspect of laws pertaining to wastes. It may be relevant to this research work. In the UK, there are some legislations as the Environmental Protection Act 1990, the Waste Management Licensing Regulations 1994; the Hazardous Waste (England and Wales); the management of waste such) Regulations 2005; the Environmental Permitting (England and Wales) Regulations 2007 etc.; working in this regard. In the EU, there are also some waste laws such as the Hazardous Waste Regulations (2005), revised 2009 and the Duty of Care regulations, transposed into the Waste (England and Wales) Regulations 2011 line with the Battery Directive, Landfill Directive, the Waste Framework Directive, the Waste Incineration Directive, WEEE Directive etc.

The global community is also concerned about the impacts of the wastes on the environment and development. In addressing this issue, many measures have already been taken by the global community as follows:

In the US, waste disposal and its administration have been run by the EPA. They have relevant laws and policies regulating the wastes and working through this enactment 'the Resource Conservation and Recovery Act' (RCRA) under the mandate of the EPA (Environment Protection Agency). The Local government authority is responsible to it.

In China, they passed the Prevention and Control of Environmental Pollution by Solid Waste 2005 for preventing and controlling environmental pollution by solid waste, safeguarding human health, safeguarding the ecological environment and promoting the sustainable development of economy and society.

In Japan, they have enacted the Waste Management and Cleansing Act 1970 for the purposes of public health through restrictions of waste discharge, collection, transport, dispose, recycling etc.

In Australia, they have several laws and policies such as the National Waste Policy and legislations heralds a new, coherent, efficient and environmentally responsible approach to waste management in Australia. The policy, agreed by all Australian environment ministers in November 2009, sets Australia's waste management and resource recovery direction to 2020.

In the South Africa, there are some important legislations such as the South African Constitution Act 1996, the Hazardous Substances Act 1973, the Health Act 1977, the Environment Conservation Act 1989, the Occupational Health and Safety Act 1993, the National Environmental Management Act 1998, the Municipal Systems Act 2000, the Mineral and Petroleum Resources Development Act 2002, the Air Quality Act 2004 and the National Environmental Management: Waste Act, 2008 etc. In the South Africa, there are some important legislations such as the South African Constitution Act 1996, the Hazardous Substances Act 1973, the Health Act 1977, the Environment Conservation Act 1989, the Occupational Health and Safety Act 1993, the National Environmental Management Act 1998, the Municipal Systems Act 2000, the Mineral and Petroleum Resources Development Act 2002, the Air Quality Act 2004 and the National Environmental Management: Waste Act, 2008 etc.

In India, they have different laws and policies such as the Municipal Solid Wastes (Management and Handling) Rules; 1999 including the e-waste management rules.

Finland, the Finnish waste legislation covers all waste, except certain special waste types such as radioactive waste, which are covered by separate laws based on EU legislation. In some cases, Finnish legislation includes stricter standards and limits than those applied in the EU as a whole. Finland also has legislation on waste-related issues not yet covered by EU legislation etc.

The negative environmental impacts of waste are also addressed in legislation on environmental protection.

In Canada, these laws have been passed at the different levels of the government contributing to environmental protection and managing hazardous wastes and hazardous recyclable materials under the Canadian Environmental Protection Act, 1999.

In the South Asian countries, it is noted that this situation is alarming as compared to the other countries in the world as their population and poverty line is high. It is recommended that the nongovernmental organizations and the relevant consultants may be empowered and encouraged to serve the nations (Mushtaq Ahmed, 2002). In these areas, civic awareness is low due to slum dwellers and in low income areas. In order to meet this situation, the existing facilities need to be increased and the method of waste management needs to be developed. Some authors also concerned that irregularities, mismanagement, lack of good governance etc.; are also responsible for this situation (Salequzzaman et al. 1998). Over all, it is a common practice in the SAARC countries.

In Australia, they have several laws and policies such as the National Waste Policy and legislations heralds a new, coherent, efficient and environmentally responsible approach to waste management in Australia. The policy, agreed by all Australian environment ministers in November 2009, sets Australia's waste management and resource recovery direction to 2020.

In India, they have different laws and policies such as the Municipal Solid Wastes (Management and Handling) Rules; 1999 including the e-waste management rules.

Finland, the Finnish waste legislation covers all waste, except certain special waste types such as radioactive waste, which are covered by separate laws based on EU legislation. In some cases, Finnish legislation includes stricter standards and limits than those applied in the EU as a whole. Finland also has legislation on waste-related issues not yet covered by EU legislation etc.

The negative environmental impacts of waste are also addressed in legislation on environmental protection.

In Canada, these laws have been passed at the different levels of the government contributing to environmental protection and managing hazardous wastes and hazardous recyclable materials under the Canadian Environmental Protection Act, 1999.

In the South Asian countries, it is noted that this situation is alarming as compared to the other countries in the world as their population and poverty line is high. It is recommended that the nongovernmental organizations and the relevant consultants may be empowered and encouraged to serve the nations (Mushtaq Ahmed, 2002). In these areas, civic awareness is low due to slum dwellers and in low income areas. In order to meet this situation, the existing facilities need to be increased and the method of waste management needs to be developed. Some authors also concerned that irregularities, mismanagement, lack of good governance etc.; are also responsible for this situation (Salequzzaman et al. 1998). Over all, it is a common practice in the SAARC countries.

John H. Bates (1992) discusses several issues on the waste management such as the community waste management law, waste control in the United Kingdom, controlled waste, non-controlled waste, duty of care, the rubbish clearance, waste collection, carriers of waste, waste recycling, special waste, trans boundary shipment of waste, waste disposal by the local authorities, unauthorised handling of controlled waste, licences for waste facilities, supervision of waste disposal facilities, incineration of waste, disposal at sea, civil liability for waste management operations etc.

Francis Mc. Manus focuses on the environmental health due to the impacts of the wastes including the waste authorities, control of waste dumping, collection of controlled waste, special waste and non-controlled waste, inspectors, special waste and non-controlled, transport of controlled waste, radioactive etc.

Ludwig Kramer analyses the different issues on the waste management in the EU systems focusing on the case laws. The author includes the local monopolies, clean-up of sites, recycling used oil, planning in waste management, European waste lists, recoverable wastes, the legal basis for waste measures etc.

Margaret Austin & others (2004) discusses the waste management systems including the plans and policies, collections, household wastes, review of licences, recovery and disposal and the role of the International Court of Justice

Hawkins and H.S. Shaw (2004) have written a complete book on the waste management in England and Wales. The authors cover the background of the waste management law, defining wastes, waste classification, administration and management of waste, waste minimization, recycling, bioprocessing and recovery, energy recovery, incineration and landfill, planning system, integrated approach, environmental crimes, health and safety, waste mismanagement and water quality etc.

Michael Faure and Nicole Niessen (2006) focuses on the environmental law in protecting and developing the environment in the context of human rights under the international environmental law including the relevant stake holders and actors in this regard.

Garbutt (1995) discusses the waste management laws and policies in the context of England and Wales in protecting and developing their environment. It is a complete book on the waste management law that covers almost every aspect of laws pertaining to wastes.

Research Questions:

As a complementary of this research work, we are planning to conduct two research questions in order to get the deepest insight into this work as follows:

1. What does community think that the existing local government laws and policies dealing with the waste pollution in theBangi-Kajang Municipal Area? If not, how could we improve this situation?

2. Are the private companies and contractors have been playing critical role in managing the pollution? Are they facing any problems dealing with the waste pollution in Kajang municipal area? Do you have any other suggestions for improving this situation?

Objectives:

We have set two objectives such as the general objective and the specific objectives. The general objective will deal with the related laws and policies managing the waste pollution in Bangi-Kajang, Malaysia.

Specific objectives:

We have two specific objectives as follows:

1. To study the waste pollution laws and policies as applied in Bangi-Kajang.

2. To identify the problems and gaps of the relevant waste management laws and policies as applied in Bangi-Kajang.

3. To make recommendations for developing a model towards management

Methodology:

In order to achieve the objectives of this study, this project will be investigated both the primary and secondary sources for managing the waste pollution in Bangi-Kajang applying the social sciences survey methods.

The primary sources include all relevant waste statutes and policies, the survey and interview, case study, focus group discussion, observation etc. More importantly, in the Malaysian context, the Environment Quality Act 1974; the Waste and Public Cleansing Management Act 2007, the 9th Malaysian Plan and policies, the National policy, the National Vision Policy, the National Development Policy, the Millennium Development Goals, the Malaysian Vision 2020, the National Strategic Plan for solid waste management, the Local Government Act, 1976 and its rules and policies; the Streets, Drainage and Buildings Act, 1974 etc., will be analysed and discussed systematically as per the jurisprudential interpretations.

Some constitutional provisions at the federal and state levels dealing with the waste management and clean environment may be discussed. The Federal and the State authorities have been implementing several rules and regulations in protecting the waste pollution. Moreover, several waste management sections under the different departments including the Department of the Environment, the Ministry of Housing and the Local Government have been implementing several programs in protecting the waste pollution will be discussed for achieving the objective (1) of this study.

The secondary sources include all the relevant published and unpublished research materials such as articles, journals, books, proceedings, chapters in book, online publications and resources from the Science Direct, Google scholars, Google, different universities in Malaysia such as the UM, USM, UKM, IIUM law library, concerned Ministries and Departments etc.; for verifying the existing research.

The relevant data and publications from the principles of the international law including the international environmental policy and principles, the polluter pays principles, the principles of prevention and the precautionary principles, the best practice means, Rio summit,1992; Stockholm, 1972; Johannesburg, 2002; the United Nations Commission on Sustainable Development (CSD) etc.; will be made. Moreover, the relevant case laws on the constitutional courts, international courts, the European Court of Justice, the European Courts of Human Rights, along with other relevant case laws will beconsidered as supporting materials of this study.

The main focus will be on how the waste law and policy should be reshaped in order to provide optional protection against waste pollution in Malaysia. However, various other disciplines can be useful in providing these answers to that question. Regarding the integration of the waste laws, for instance, the literature on the public administration is quite relevant to this study.

This study i.e., the Environmental law study including waste law has always been known as a discipline which covers various areas of law. The following legal disciplines may therefore be used and combined: Constitutional law and human rights; environmental principles, international law, administrative law, criminal law, liability law, decentralization etc.

With regard to the questionnaire, the questionnaire will be made based on the relevant theory and practices and will be finalized by piloting through testing and pre-testing with the relevant industry and stakeholders.

Regarding data for this research, both qualitative and quantitative data will be collected applying survey method through structured questionnaire. These data will be analysed using the Statistical Package for the Social Sciences (SPSS) software in the computer based on the independent and dependent variables.

The quantitative data can be represented visually in graphs, histograms, tables and charts. On the other hand, the qualitative data will be analysed and discussed systematically with interpretations as per the jurisprudential point of view in the Malaysian context.

Regarding the reliability and validity of the data, it is the key criteria which are often used to evaluate the quality of quantitative research in particular. Reliability assesses consistency in the data and hence whether the findings from the research can be replicated.

Validity refers to whether the data really identify and measure what the research seeks to investigate (Bryman, 2001:70,270). These two criteria require for the evaluation of qualitative research.

The data collection methods employed for this present research, especially the combination of interview data with documentary data, may be addressed to some extent such concerns relating to the validity of the data. Moreover, extensive field work may contribute to the internal validity of the data. Internal validity captures congruence between concepts developed in the analysis and the actual observations and data (Bryman, 2002:272). Internal validity may be secured in this research through a research design.

Moreover, some Case Studies with the relevant stakeholders and Focus Group Discussion (FGD) with the industry and the relevant stake holders will be made.

Results and Discussion

This discussion deals with the laws and policies managing the waste pollution in Bangi-Kajang, Malaysia.

The Role of Environment Quality Act, 1974:

This Environmental Quality Act 1974 is very critical on the environmental development and conservation. The environment in Malaysia facing some problems including waste pollution that bears enormous problems on the environmental degradation. In addressing these issues, the government has already passed some important measures. The Environment Quality Act, 1974 (Act 127) is one of them which is known as comprehensive legislation. Its main purpose is to focus on the prevention, abatement, control of pollution and enhancement of the environment and for purposes connected therewith. This Act is very clearly defines wastes, powers and functions, procedure, penal provisions, effects etc. For example, the waste defines as "Waste" includes any matter prescribed to be waste and any matter, whether liquid, solid, gaseous, or radioactive, which is discharged, emitted, 'or deposited in the environment in such volume, composition or manner as to cause an alteration of the environment. This Act also discusses the pollution as defined "pollution" means any direct or indirect alteration of the physical, thermal, chemical, biological, or radioactive properties of any part of the environment by discharging, emitting, or depositing wastes so as to affect any beneficial use adversely, to cause a condition which is hazardous or potentially hazardous to public health, safety, or welfare, or to animals, birds, wildlife, fish or aquatic life, or to plants or to cause a contravention of any condition, limitation, or restriction to which a license under this Act is subject. If any offences have been committed with the environment, the Director General and his other related offices are entitled to take action on these environmental offences. This environmental offence includes the violation of human rights. Nobody can violate the human rights and the answer will be 'No' in the case of human rights. Ultimately, it violates the different international human rights, humanitarian and environmental laws including the Universal Declaration of Human Rights, 1948; the International legal frameworks such as International Rights, 1966, the Convention on the Elimination of All forms of Discrimination against Women, 1979; the Convention on the Rights of the child, 1989 etc.

Penal Provision-Under the section 41 of this Act, the penal provisions have been made. This section reads as follows: Every omission or neglect to comply with, and every act done or attempted to be done contrary to, the provisions of this Act or any regulations made there under or any breach of the conditions and restrictions subject to, or upon which, any licence is issued under this Act or any regulations made there under shall be an offence against this Act and in respect of any such offence for which no penalty is expressly provided the offender shall be liable to a fine not exceeding five thousand ringgit or to imprisonment not exceeding one year or to both.

There are other relevant legislations such as the Straits Settlement Ordinance 1894, the Mining Enactment 1992, the Forest Conservation Enactment 1934, the Drainage Works Ordinance 1954, the Road Traffic Ordinance 1958, the Fisheries Act 1963, the Land Conservation Act 1960 (revised 1985) Act 385, the Environmental Quality Act 1974 Act 12, the Protection of Wildlife Act 1972 Act 7, the Factory and Machinery Act 1967, the Protection and Wildlife Act 1972, the National Parks Act 1980 Act 226, the Fisheries Act 1985 Act 317, the National Forestry Act 1984 Act 313, the Town and Country planning Act 1976 Act 172,tThe Mining Enactment 1929, the Merchant Shipping (Oil Pollution) Act 1994, the Bio safety Act 2007 ACT 678, the Animals Act 1953 (Revised - 2006) ACT 647, the National Heritage Act 2005 ACT 645, the Protection of New Plant Varieties Act 2004/ ACT 634 etc., the Environment Quality (Scheduled Wastes) Regulations 1989, the Environment Quality (Prescribed Premises) (Scheduled Wastes Treatment and Disposal Facilities) regulations 1989, the Environmental Quality (Prescribed Premises) (Scheduled Wastes Treatment and Disposal Facilities Regulations 1989 etc.; directly or indirectly related to the protection of the waste pollution in Malaysia.

Regarding the role of judiciary, Malaysian Courts particularly the High Courts are quite capable of dealing with the environmental issues including the waste pollution under the mandates of the constitution in protecting the environment. Some relevant case laws such as the Rural Legislation and Entitlement Kendra Dehradun and others Vs State of U.P. and Others (1985) 2 SCC 431, Devaki Nandan Pandey V. Union of India and Others (1985) 3 SCC 614, Tan TekSeng V. Suruhanjaya Perkhidmatan Pendidikan (1996) 1 MLJ 288, Kettua Pengarah Jabatan Alam Sekitar & Anor vs. Kajing Tubek & Ors (1997) 3 MLJ 23, Government of Malaysia vs. Lim kit Siang, United Engineers (M) Berhad vs. Lim Kit Siang [1988] 2 MLJ 12, The Malaysian Vermicelli Manufacturers (Melaka), SdnBhd vs. PP (2001) 7 CLJ etc.; are mentionable in this regard.

Regarding the impact of the environmental policy, the Government passed the several National Policies such as the National Forestry Policy 2002, the National Agricultural Policy's (1992-2010), the National Mineral Policy, the Mineral Development Act 1994, the National Policy on Biological Diversity, the National Coastal Zone Management Policy, the National Policy on the Environment etc.; directly or indirectly related to the sustainability of the environment. It means that there are some components in the polices that are quite relevant to the protection of the waste pollution.

Regarding the role of the shariah law, in Malaysia, Islam is a State religion that assets the natural resources, as a component of the environment is created by Allah (S.W.T) for man's bounty on earth. He confirms that nobody can damage and disrupt the environment in any forms that goes against the will of Allah for which the abuser will be punished in the world and the hereafter. Shariah law urges everyone boundlessly to live in harmony with others and nature and to act righteously thinking a sacred duty to the soil, air, water, plants or animal etc.; under their responsibility.

The Role of the Solid Waste and Public Cleansing Management Act, 2007:

It is also noted that the government passed the Solid Waste and Public Cleansing Management Act 2007 applicable only to Peninsular, Federal Territories of Putrajaya and Labuan along with some relevant plans and policies such as 3rd plan, 9th& 10th Malaysian Plan along with National policy on the Development and Implementation of regulations (Draft Version) 2012 in this regard.

The Role of Constitution:

There are some guidelines in the Malaysian constitutions at the Federal and the State levels in protecting the impacts of the wastes. Moreover, the waste management departments including the Department of the Environment, the Ministry of Housing and the Local Government along with some other private companies have been implementing several measures and projects in protecting the waste pollution under the guidelines of this constitution.

The Budgetary Allocation:

The government is also aware about it and they are always increasing the budgetary allocations every year to cope with this problem. For example, the government had allocated around RM958.7 million ($307 million) to manage solid waste under the national budget from the year 2006 to 2010 prepared by Economic Planning Unit under the Ninth Malaysian Plan. However, in 2010 alone, the government had to spend RM303 million ($97 million)-one third of the total amount spent throughout the Ninth Malaysia Plan period. The Ministry of Housing and Local Government encourages the private company to work in this regard.

The Role of the International Laws:

In addition, the Malaysian government has ratified some important international treaties in protecting its environment including waste management issues and solution. There are some commitments at the national and international levels via UNO, Asian etc.; in protecting the waste pollution.

The Role of the Concerned Department:

Moreover, there are some hierarchies in the administration such as Federal, State, Distract, Sub districts, Local Government etc.; governing this issue.

From the government point of view, if laws and policies don't work properly in the relevant areas in line with the modern competition and business, in that case these laws and policies may be amended or reduced or avoided for the sake of the nation building as per the vision set in the 2020.

The Millennium Development and the Vision 2020:

In addressing the challenges for the goal of achieving a developed nation by 2020, Malaysia is committed for her competitive global environment including cleanliness. Right now, the Malaysian authority has been working in this regard. With regard to cleanliness and waste management, some specific authorities have been assigned to carry out its missions and vision.

Problems and Gaps of the Implementation:

Most of the Malaysian authors think that waste is a part of the environmental law component that should be regulated by its rules and regulations. They also categorized wastes into several forms such as industrial, commercial, household etc. They are also very concerned about the existing waste laws and policies that should be strengthened in order to avoid pollution. He also mentioned that indeed, improper waste throwing including industrial wastes may cause harm to human health. They have been using very traditional recycling approach compared to the developed nations in the world. It is discussed here as a part of the literature review for our clear understanding from the Malaysian perspectives as well.

Some other authors also confirmed the opinions of Mr. Bakri regarding inadequacy of the waste management laws and they also added that there are a lot challenges such as lack of infrastructure facilities and landfills etc.; towards the waste management in Malaysia (Nadi Behzad and others, 2011). They also blamed their local culture and values.

Like Mr. Bakri Ishak (2012) and others, our Deputy Prime Minister and the government itself are also worried about the present state of the wastes management in Malaysia as this worsening situation has been increasing day by day. He urged the private company to come forward to joining this team work force. As a new initiative on it, he argued that in the meantime, the Solid Waste and Public Cleansing Management Act 2007 has been passed that is only applicable to Peninsular, Federal Territories of Putrajaya and Labuan.

Mr. Muhyiddin also expressed confidence that the three states-Selangor, Pulau Pinang and Perak will also enforce the Solid Waste Management and Public Cleanliness Act 2007 (Act 672) in the near future. He also highlighted the relevant policies such as 3rd plan, 9th Malaysian Plan along with National policy in administering the wastes management in Malaysia. He urged the concerned Ministry of Housing and the Local Government to look into this case and updating the relevant laws and policy soon (Muhyiddin Yassin, 2011).

Another study argued that the total amount of waste has always increased due to industrial development, population growth and urbanization (Hassan M.N., 1996) and the JICA Malaysia office supports this statement and added with statistics that the quantity of scheduled waste generated in Malaysia in 1994 was 417,413 metric tonnes (MT) compared to 632, 521 MT in 1996 and 279,511 MT in 1997. It is no doubt that it hits the Green House Gases contributing around 12% (K.H. Chua and others, 2011).

Supporting the above, one study also shows that the management relating to wastes is very weak (AbdelnasarOmran& others 2007). Another author mentioned that the municipal services are not adequate to the needs of the people. The author finds that the curriculum on the waste management is hardly taught at the higher education level. Therefore, the human resources aren't developed as per the needs of the country ( ZainiSakawi, 2011)

NadzriYahaya (2007) discussed policy review, issues and strategies relating to the new law entitled the Solid Waste and Public Cleansing Management Act 2007 passed the parliament on the 30th August 2007 which came into effect first quarter of 2008 that is only applicable to Peninsular, Federal Territories of Putrajaya and Labuan. He also highlighted the relevant policies such as 3rd plan, 9th Malaysian Plan along with National policy.

Suzanna Mohamed Isa (2006) explains the nature of the biodegradable and non-biodegradable waste management. She showed that the rate of wastes in the country has been increasing and measures at the different levels including the NGOs have been taken in protecting the waste pollution. She also focuses on the Malaysian measures on the waste management and administration.

AzmiSharom (2000) discusses compliance with the environmental laws and policies in protecting natural resources and its development and he also focused on the international environmental principles and policies governing the sustainable environment and development.

Mr. AbdRahman, IqbalBadar, AwangAzahan, Chong etc; discussed the constraints and potentialities on the natural resource management and administration in Malaysia that may cover the waste pollution.

The Role of the Civil Society and the Association:

This study observed that there are some associations such as the Waste Management Association in Malaysia working relating to the waste management issues and challenges. They are implementing a lot of policies and objectives on the waste management. They are doing research, seminars, symposium, international conferences, and workshop on the waste management.

Unfortunately, there are some problems in the implementation of the relevant laws and policies. Non-coordination, weak enforcement, lack of monitoring, lack of modern technology facilities, lack of multidisciplinary approach etc. are remarkable. In addition, in the meantime, the government has ratified some important international norms and treaties in protecting her environment including waste pollution. There are also some private companies and contractors working in this regard. They have some associations such as the PersatuanPengurusanSisa Malaysia also known as The Waste Management Association of Malaysia (WMAM) working for the waste management and administration in Malaysia. In Malaysia including Kajang, the private companies through the contractors on behalf of the local authorities responsible for waste disposal (UNDP Report, 2008). From the government point of view, it is also mentioned that if laws and policies don't work properly in the relevant areas in line with the modern competition and business, that laws and policies may be amended or reduced or avoided for the sake of the nation's building as per the vision set in the 2020. It is noted that good regulations and governance are also essential for harnessing the national efforts and resources for competitiveness and sustained economic growth. We need to discuss the good governance issue with regard to waste management and pollution in Kajang.

Case Study:

Most of the respondents think that the responsible authorities are not very proactive in managing the waste pollution in Bangi-Kajang in Malaysia. Overall, they have put some comments as follows:

1) Monitoring the contractors

2) Enforcement of the laws and policies

3) To adopt the modern policy

4) To implement the Modern and Foreign systems as applied in the developed countries in the world.

5) The existing waste disposal system is not adequate to cope with the problems

6) Monitoring and enforcement is weak etc.

7) The waste managing companies are not very healthy for administering it

8) Inadequate manpower for managing the waste pollution

Recommendation:

In order to address the waste pollution, we can make the recommendations as follows:

1) To control the contractors for managing the disposal

2) To enforce the environmental laws

3) To make a special policy force for monitoring the waste disposal

4) To increase the penal provisions of the Environment Quality Act 1974

5) To inspect the door to door household goods and make fine if any waste remains in the same

6) To make modern one stop services

7) To make a significant investment on the waste disposal issue

8) To make a comparative study it the developed countries

9) To implement the research findings etc. Conclusion:

From the above point of view, this study observes that many efforts from the different perspectives have been made in protecting the waste pollution saving our environment and development. But really, there are some basic needs observed in this study. For example, the application of the modern technology, adequate training and programs, monitoring the responsible authorities, co-ordination, logistic supports, revising the existing policies and laws, and the empowerment of the local government bodies and the implementing authorities are very essential in protecting the waste pollution in Malaysia. There is some overlapping among the laws and these are also too general. The industries, the factories, both larger ones and SMIs have problems in complying with the regulations. Moreover, some important publications in Malaysia including the Malaysia developing a Solid Waste Management Model for Penang of the UNDP, the Environmental Management 2000 published by the Centre for Graduate Studies, the Unversiti Kebangsaan Malaysia, An Appraisal of Environmental Law in Malaysia published by the Unversiti Kebangsaan Malaysia and the Asia Foundation will be an asset for this research work. Finally, it is recommended that we need to implement the results of the case study as well as the recommendations in this regard.

Acknowledgement

I would like to express my sincere gratitude to the PPSPP 2013 at the Universiti Kebangsaan Malaysia for their endless efforts towards us. At the same time, there are also limitations of this study due to time constraints. We will take it for our further action.

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Dr. Noor Mohammad, Hasani, Zinatul, Jady, Ruzian, Aminurasyed

Dr. Noor Mohammad, Faculty members, Faculty of Law, UniversitiKebangsaan Malaysia 43600, Bangi, Selangor Darul Ehsan.

Corresponding Author

Dr. Noor Mohammad, Faculty members, Faculty of Law, UniversitiKebangsaan Malaysia 43600, Bangi, Selangor Darul Ehsan.

Tel: 06-03-89216354, Fax: 06-03-8925 3217, H/P: 0162504687, E-mail:noormmu2011@gmail.com
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Title Annotation:Original Article
Author:Mohammad, Noor; Hasani; Zinatul; Jady; Ruzian; Aminurasyed
Publication:Advances in Environmental Biology
Article Type:Report
Geographic Code:9MALA
Date:Mar 1, 2013
Words:7572
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