E-Waste Regulations in Malaysia

E-Waste Regulations in Malaysia | Bestar

E-waste management in Malaysia is primarily governed by the Environmental Quality (Scheduled Wastes) Regulations 2005, under the Environmental Quality Act 1974. E-waste is classified as Scheduled Waste under Code SW110, meaning it is considered hazardous due to the toxic materials it can contain (e.g., mercury, lead, cadmium).

Here's a breakdown of the key aspects of e-waste regulations in Malaysia:

1. Industrial vs. Household E-waste:

• Industrial E-waste: This is the more strictly regulated category. Industries generating e-waste are mandated to report and properly dispose of it through the Electronic Scheduled Waste Information System (eSWIS) portal. They must categorize, store, and dispose of these wastes at licensed facilities to prevent environmental contamination. There are licensed e-waste recovery facilities in Malaysia that private companies operate.

• Household E-waste (WEEE - Waste Electrical and Electronic Equipment): This area has been largely unregulated and operates mostly on a voluntary basis for consumers. This leads to a significant amount of household e-waste ending up in informal sectors, landfills, or being improperly disposed of, posing environmental and health risks.

  • However, there are efforts to improve this. The Department of Environment (DOE) has been working on specific regulations for household e-waste management. There is a Proposed Environmental Quality (Household Scheduled Waste) Regulation under review by the Attorney General's Chambers, which aims to formalize household e-waste management with guidelines for segregation, storage, and disposal.

  • The MyEwaste app developed by the DOE helps users locate registered collection centers.

2. Key Regulations and Guidelines:

• Environmental Quality (Scheduled Wastes) Regulations 2005 (SW110): This is the primary legislation classifying e-waste as scheduled waste and setting out requirements for its management, particularly for industrial generators.

• Environmental Quality (Prescribed Activities) (Environmental Impact Assessment) Order 2015: This order requires an Environmental Impact Assessment (EIA) for certain prescribed activities, including the construction of recovery or recycling plants for solid waste and scheduled waste.

• Guidelines for the Classification of Used Electrical and Electronic Equipment in Malaysia (2008): These guidelines address the classification of used electrical and electronic equipment, including what is considered e-waste and policies related to its import and export.

• Guidelines for the Transboundary Movement of Used Electrical and Electronic Equipment (UEEE) in Malaysia: These guidelines, in line with the Basel Convention, regulate the import and export of e-waste, requiring prior written approval from the DOE for transboundary movements of e-waste. Malaysia generally disallows the import of hazardous e-waste for disposal and only allows import for direct reuse if the equipment is not more than three years old.

3. Challenges and Future Directions:

• Lack of comprehensive household e-waste legislation: This remains a significant challenge, with a push for a compulsory take-back scheme through legislation and the implementation of an Extended Producer Responsibility (EPR) system, where producers are accountable for the end-of-life management of their products.

• Public Awareness and Participation: While awareness campaigns exist, there's a need to shift public behavior and encourage responsible disposal.

• Informal Sector: The informal e-waste management sector is prevalent due to the lack of clear household e-waste disposal protocols, which can lead to unsafe processing and environmental pollution.

• Funding and Infrastructure: There's a call for a system where consumers might pay a recycling fee at the point of sale to fund proper disposal.

In summary, while Malaysia has a regulatory framework for industrial e-waste, it is actively working towards strengthening regulations and infrastructure for household e-waste, with an emphasis on promoting environmentally sound management practices and potentially introducing an Extended Producer Responsibility (EPR) scheme.

Registering for e-Waste Licence

Registering for an e-waste license in Malaysia, whether for a collection center or a recovery facility, is a process handled by the Department of Environment (DOE) / Jabatan Alam Sekitar (JAS). The specific procedures and requirements vary slightly depending on the type of facility you intend to operate.

Here's a general guide on how to register for a license:

1. Determine the Type of License You Need:

• Registered Collection Center: If your primary activity will be collecting e-waste from consumers or businesses and then forwarding it to a licensed recovery facility, you'll apply to be a registered collection center. This is a less stringent registration than a full recovery facility.

• Licensed Recovery Facility (Full or Partial): If you intend to process, dismantle, treat, or recover materials from e-waste, you will need a licensed recovery facility status. These facilities fall under the Environmental Quality (Scheduled Wastes) Regulations 2005 as they handle Scheduled Waste (SW110). There are full recovery facilities (capable of comprehensive recycling) and partial recovery facilities.

2. Key Steps for Application (General Overview):

While the exact forms and specific requirements can be obtained directly from the DOE, the general steps involve:

• Contact the State DOE Office: For licensed recovery facilities, applications are typically made to the DOE State's office where your proposed premises will operate. This is the most crucial first step to get the precise forms and guidance.

• Email for Collection Center Registration: For registered collection centers, email ewaste_hh@doe.gov.my to request the registration form.

• Prepare Required Documentation: This is the most extensive part of the process. Expect to provide:

  • Company Registration Documents: Business registration certificate (SSM), company profile, memorandum and articles of association (if applicable).

  • Premises Information: Layout plans, location maps, land ownership proof or tenancy agreements, building plans.

  • Technical Information: Detailed description of your proposed operations, including:

    • Types of e-waste you will handle (e.g., computers, mobile phones, large appliances).

    • Processing methods (dismantling, sorting, shredding, chemical treatment, etc.).

    • Pollution control measures (air, water, hazardous waste management).

    • Machinery and equipment to be used.

    • Storage facilities for e-waste and recovered materials.

    • Emergency response plan.

  • Environmental Impact Assessment (EIA): For larger recovery facilities or those undertaking "prescribed activities" under the Environmental Quality (Prescribed Activities) (Environmental Impact Assessment) Order 2015, an EIA report may be required. This must be conducted by DOE-registered EIA consultants.

  • Competent Personnel: Details of staff qualified to handle scheduled waste (e.g., those with CePSWaM certification - Certified Environmental Professional in Scheduled Waste Management).

  • Financial Capability: Proof of financial stability to operate the facility.

  • Other Licenses/Approvals: Depending on your operations, you might need additional licenses or approvals from other government bodies (e.g., local council business license, manufacturing license from MITI, police licenses for certain scrap materials).

• Submission of Application: Submit the completed forms and all supporting documents to the relevant DOE office.

• Review and Site Inspection: The DOE will review your application and likely conduct a site inspection of your proposed facility to ensure it meets all environmental standards and safety requirements.

• Approval and Issuance of License: If your application is approved and all conditions are met, the DOE will issue the license. Licenses are typically granted for a specific period and require renewal.

Important Notes:

• Scheduled Waste Compliance: As e-waste (SW110) is a Scheduled Waste, facilities handling it are subject to strict regulations regarding storage, labeling, reporting (via eSWIS), and transportation.

• Technical Standards: The DOE has specific technical guidelines and standards for e-waste recycling and recovery facilities to ensure environmentally sound management.

• Timeframe: The processing time for applications can vary. For registered collection centers, 2-3 weeks after receiving complete information. For licensed recovery facilities, it can be longer due to the complexity of the review and potential EIA requirements.

• Consultation: It is highly recommended to consult directly with the Department of Environment (DOE) in Malaysia at the outset of your planning. Their hazardous substances division or your state DOE office can provide the most current and specific requirements, forms, and guidance. You can email them at ewaste_hh@doe.gov.my for general inquiries.

By following the official channels and ensuring comprehensive preparation, you can navigate the process of obtaining the necessary e-waste license in Malaysia.

Fees

Here's the fees for e-waste licenses in Malaysia:

1. General Application/Processing Fees:

• Application for e-Waste License: An indication of applications for e-waste license fee is RM 300.

2. Licensed Recovery Facilities (Prescribed Premises License):

• Section 18(1) of the Environmental Quality Act 1974 mandates licenses for "prescribed premises" which include scheduled waste treatment and disposal facilities (e.g., e-waste recovery facilities). The specific fees for these licenses are generally not a fixed amount because they can vary based on factors like:

  • Scale of operation: Larger facilities with higher processing capacities might have higher fees.

  • Complexity of processes: Facilities undertaking more complex treatment methods (e.g., chemical recovery) might incur different fees than those solely focused on dismantling.

  • Type of waste handled: While e-waste is SW110, other scheduled wastes can have different fee structures.

  • Site-specific considerations.

• Renewal Fees: Licenses are typically valid for one year and require renewal. There can be additional fees or rejection of the application if renewal is not done within the specified timeframe (not less than three months nor more than four months before expiration).

• Environmental Impact Assessment (EIA) Fees: If your proposed recovery facility requires an EIA, there will be substantial costs associated with engaging a DOE-registered consultant to prepare the EIA report and the DOE's processing fee for the EIA itself. These can range from thousands to tens of thousands of Ringgit, depending on the complexity of the project.

3. Registered Collection Centers:

• License fee for registering as a collection center. The initial registration itself does not carry a significant fee, or it might be a nominal administrative charge. The DOE encourages registration to ensure proper tracking and management of household e-waste. You can email them to request the registration form. Once registered, the center would be responsible for ensuring proper management and transfer of e-waste to licensed recovery facilities, which would involve their own operational costs.

4. Other Potential Costs/Fees:

• Compliance Costs: Beyond the direct license fee, there are significant costs associated with ensuring ongoing compliance with environmental regulations. These include:

  • Training for competent persons (e.g., CePSWaM certification).

  • Monitoring and reporting (e.g., eSWIS system fees, if applicable).

  • Costs of engaging licensed transporters for scheduled waste.

  • Costs of sending e-waste to licensed recovery facilities (if you are a collection center or generator).

  • Costs of maintaining appropriate pollution control equipment and safety measures.

• Consultancy Fees: Engaging environmental consultants to assist with the application process, EIA preparation, or compliance audits can be a significant cost.

How to get the fee information:

To ascertain the exact fees for your specific e-waste collection center registration or recovery facility license is to directly contact the Department of Environment (DOE) in Malaysia.

• For Collection Center Registration: Email ewaste_hh@doe.gov.my to request the registration form and inquire about any associated fees.

• For Licensed Recovery Facilities: Contact the DOE State Office where your proposed facility will be located. They will provide the most up-to-date application forms, guidelines, and fee schedules relevant to your specific operation.

Given that environmental regulations can be updated, and fees adjusted, direct communication with the DOE is always the best approach for precise and current information.

How Bestar can Help

Engaging professionals can significantly streamline and optimize the process of obtaining an e-waste license and managing e-waste in Malaysia. Here's how Bestar can help:

Bestar can guide you through the entire regulatory landscape.

• Regulatory Expertise:

  • Understanding Complex Laws: E-waste regulations in Malaysia (primarily the Environmental Quality (Scheduled Wastes) Regulations 2005) are complex. Bestar possesses in-depth knowledge of these laws, including the latest amendments and nuances.

  • Classification and Identification: We can accurately classify your waste streams, ensuring what you're handling is correctly identified as SW110 (e-waste) or other scheduled wastes, which impacts licensing and handling requirements.

  • Compliance Audits: We can conduct thorough audits of your current or proposed operations to identify any gaps or non-compliance issues before they lead to fines or legal problems.

• Application Process Management:

  • Documentation Preparation: We know exactly what documents are required by the DOE for license applications (whether for collection centers or recovery facilities). This includes detailed operational plans, engineering drawings, environmental management plans, emergency response plans, etc.

  • Liaison with DOE: We act as an intermediary between your company and the Department of Environment, facilitating communication, responding to queries, and expediting the approval process.

  • Submission and Follow-up: We ensure applications are correctly submitted and follow up on their progress, addressing any deficiencies promptly.

  
  

Bestar can be crucial in specific situations:

• Due Diligence: During mergers, acquisitions, or property transactions where environmental liabilities need to be assessed.

In summary:

For anyone looking to establish an e-waste collection center or a recovery facility in Malaysia, engaging Bestar is highly recommended. We possess the specific knowledge and experience with DOE regulations to guide you through the intricate licensing process and ensure ongoing compliance. 

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