KUALA LUMPUR (March 6): The government is considering delegating enforcement powers under the Environmental Quality Act 1974 (AKAS) to the Royal Malaysian Police (PDRM), enabling the authority to take direct action — such as investigating, arresting offenders, and conducting raids — against companies involved in environmental crimes, including illegal e-waste disposal.
Natural Resources and Environmental Sustainability Minister Nik Nazmi Nik Ahmad told the Dewan Rakyat on Thursday the government is also exploring amendments to the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001 (AMLA), and the Prevention of Crime Act 1959 (POCA), to classify environmental crimes under these laws, allowing authorities to seize assets and take sterner action against offenders.
“The ministry takes the smuggling of e-waste into the country seriously. Malaysia does not permit the importation of e-waste under its current policy and the Basel Convention’s Ban Amendment, which prohibits Organisation for Economic Co-operation and Development (OECD) countries from exporting hazardous waste from developed to developing nations,” Nik Nazmi said.
The minister was responding to an inquiry from Shaharizukirnain Abd Kadir (Perikatan Nasional-Setiu), who asked about the ministry’s efforts to curb e-waste smuggling, following recent large-scale raids on illegal e-waste processing facilities.
This followed the recent nationwide “Op Hazard” operation — conducted jointly by the PDRM and the Department of Environment (DOE) — which led to inspections on 47 premises, and the seizure of 15,764.90 metric tons of e-waste valued at an estimated RM55 million.
Nik Nazmi revealed that of the 47 premises inspected, 30 were operating illegally, seven were scrap yards, six were licensed under the DOE, three were licensed by local authorities, and one was an illegal warehouse.
“These premises were located in industrial areas as well as on reserve land, oil palm plantations, and forested areas. Many were unlicensed and operated unlawfully,” the minister noted, adding that these illicit operations were primarily run by foreign nationals, who employed undocumented migrant workers or those misusing work permits.
Following this, enforcement officers sealed machinery on 37 premises under Section 38(1)(a) of the AKAS. Authorities also issued 59 notices and 27 compound fines for various offences under the Environmental Quality (Scheduled Wastes) Regulations 2005. Additionally, 52 investigation papers will be opened for court action.
Under Section 34B of the AKAS, the disposal of scheduled waste — whether on land or in Malaysian waters — without the approval of the director general of Environment is a criminal offence. Convictions carry a maximum fine of RM10 million and up to five years’ imprisonment, as stipulated under the Environmental Quality (Amendment) Act 2024.
Further regulatory measures under consideration by the ministry include amending the Free Zones Act and port regulations to penalise shipping agents who make false declarations, blacklisting companies that repeatedly violate environmental laws, and revising the AKAS to classify all recycling activities under the Second Schedule of the Environmental Quality (Scheduled Wastes) Regulations.
The government is also planning to introduce specific legislation to regulate waste imports, mandate third-party inspections in exporting countries to ensure compliance with declared waste standards, ban waste imports from countries that have not ratified the Basel Convention, and prioritise local waste for recycling while limiting imports of materials required by domestic industries.
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