Title: 2026 Amendment to Environmental Quality Act to Grant Sabah, Sarawak Control Over Scheduled Waste Management
KUALA LUMPUR, Dec 5 — Today in the Dewan Rakyat, the Environmental Quality (Amendment) Bill 2026 was tabled to devolve responsibility for scheduled waste to Sabah and Sarawak. Under proposed new Section 34A of the Environmental Quality Act 1974, both states would assume authority to regulate, license and supervise the handling, treatment and disposal of hazardous wastes within their territories.
Key provisions of the Bill include:
• State Regulatory Bodies: Sabah and Sarawak would be authorised to form dedicated agencies to set regulatory standards, issue permits and collect fees from scheduled waste producers and handlers.
• Transport and Transboundary Controls: Any transfer of scheduled waste into, out of or within these states would mandate state-approved manifests and prior consent, guaranteeing stricter supervision and adherence to domestic and global protocols.
• Alignment with International Commitments: The amendments expressly cite the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes, reinforcing Malaysia’s duty to curb illicit trafficking of toxic substances.
• Strengthened Enforcement and Penalties: The Bill increases fines and possible jail terms for illegal storage, transport or disposal of designated wastes and grants enforcement officers wider search-and-seizure rights.
• Opportunities for Innovative Technologies: States may implement novel treatment and recycling solutions, such as advanced chemical recovery and waste-to-energy systems, subject to environmental impact assessments and public consultations.
During debate, the bill’s sponsor emphasised Sabah and Sarawak’s distinct constitutional position, observing that devolving environmental governance here honours commitments under the Malaysia Agreement 1963. By decentralising decision-making, the amendment seeks to fast-track customised responses to waste management issues faced by these states, which engage in diverse industrial and agricultural activities that produce hazardous by-products.
Parliament will resume debate on the amendment next week. If approved, the changes would take effect upon issuance of a federal gazette notice, marking the start of a state-driven approach to Malaysia’s most critical waste streams.
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