Federalisation vs. Local Government’s Authority in Solid Waste Management
The Solid Waste and Public Cleansing Management Bill was passed by Parliament on 17 July 2007 and Gazetted on 30th August 2007 (“the Act”). The other Bill is the Solid Waste and Public Cleansing Management Corporation Bill 2007 established under the Act.
The Act applies to Peninsular Malaysia and the Federal Territories of Putrajaya and Labuan and gives the Federal Government executive authority in the management of the solid waste and public cleansing.
Previously, solid waste management was under the Department of Local Government and Local Authorities but with the passing of the Act, the Federal Government takes over all matters related to solid waste management.
The intention behind the formulation of the new Act is to bring uniformity in law and policy in matters related to the management of controlled solid waste and public cleansing throughout to Peninsular Malaysia and the Federal Territories of Putrajaya and Labuan.
IMPACT ON THE ROLE OF THE LOCAL GOVERNMENT AUTHORITIES
In so far as solid waste management is concerned the Local Government or State Authorities have practically no function at all except monitoring and assisting the Corporation in its operations. The Act has amended Section 72 (1) and Section 73 (1).of the Local Government Act 1976 (Act 171). All matters related to solid waste management as defined above now will be under the Federal Government.
OVERVIEW OF THE ACT PER SE
The Director General has been vested with extensive powers to formulate plans, strategies, set standards, implement policies in all aspects of solid waste management including approvals, granting of licenses and enforcement.
The powers vested in the DG should have checks and balances otherwise it can lead to abuse. To date there is no such machinery in place to check the powers of the DG. This should be looked into immediately and recommendations for measures to be taken in consultation by all stakeholders in the solid waste management business, the NGO’s, the Bar Council and other interested parties. The measures will prevent any unfairness or selective approvals and grants of licenses and prosecution.
Decision of the Minister on appeal is final and binding. Where is the recourse if the party aggrieved is not satisfied with the decision. There should be a platform for the aggrieved party. It is suggested that there must be a provision for review by the Courts. It is a legal perspective that all administrative decisions must be reviewable by the courts of law.
As the current position stands, the Director General and the Minister plays the role of legislative, executive, administrative and enforcement. This raises the question of who will be accountable for the acts or omissions of each of the 4 roles of the Director General and the Minister.
As it is said power corrupts and absolute power corrupts absolutely.
LOCAL AGENDA 21
In 1991, at the UN Conference on Environment and Development Chapter 28 stipulated a mandate for all local governments and authorities to prepare a “Local Agenda 21”
Malaysia is one of the countries which launched an initiative to ensure that the ideals of Local Agenda 21 will be implemented with a commitment to put in place a national Local Agenda 21 Programme by the year 2002.
Local Agenda 21 is mentioned in Chapter 28 of Agenda 21, and calls upon all local authorities, municipalities worldwide to implement actions for sustainable development, in partnership with all stakeholders from the local community.
Chapter 28 of Agenda 21 states “….. Because so many of the problems and solutions being addressed by Agenda 21 have their roots in local activities, the participation and cooperation of local authorities will be a determining factor in fulfilling its objectives”.
Countries such as Denmark, UK, Japan and Korea have shown wide community participation at the local level in line with the objectives of Local agenda 21. Many localities in these countries have become role models and gained international recognition for practicing Local Agenda 21 ideas.
So where have the local governments or State Authorities of Malaysia failed in this Local Agenda 21 which includes amongst other activities, inter alia water supply, energy, sanitation, drainage and solid waste management in an integrated approach.
The reasons given can be said to vary from lack of funds to weakness in the waste disposal to shortcomings in the management by the respective states or municipalities etc. This is also the reasons given by the Federal Government in taking over total control of the solid waste management from the Local Governments besides the uniformity of laws relating to the same.
In Malaysia, it appears that instead of the Federal allowing the Local Government or State authorities to control the solid waste management, the Federal Government is taking control and incurring more costs, making the whole exercise more expensive and implementation difficult.
The Local Government is in the best position to know how to deal with the different categories of waste, waste conditions according to local conditions and diversity. As solid waste management is a localised resource and involves the local community it ought to be the respective State Authorities who should be empowered to undertake the integrated approach of solid waste management as each state has its own peculiarities relating to their respective community.
The Local Government on their part should encourage deeper stakeholder participation, award contracts on open tender, encourage more waste management companies with different initiatives, abilities and technologies which can improve the growth of the local economy.
The Federal Government ought to facilitate and enhance the capacity of the Local Government through financial subsidies and incentives. This is particularly relevant in the management of solid waste and related recycling activities. To date it has been reported that although RM 73 million has been spent by the Federal Government for recycling activities, only 5% of the targeted objective has been achieved.
By taking over of the solid waste management, the Federal Government has set up the Corporation, is recruiting personnel (about 2,000 over), training them and this will end up with the Federal Government in having to deal with additional administrative problems and difficulty in implementation, leading to inefficiency, wastage of funds and rendering the objectives and intentions of the ACT ineffective.
Separation of powers is important. The Federal Government can pass policies but the implementation of the Solid Waste Management ought to be at the Local Government level, for an example, a solid waste management facility will be at set up in the State concerned.
AN OBSERVATION
The Federal Government and the Local Government have to work together to make the Act effective and if the Federal Government and the Local Government cannot work together then it would be difficult to implement the Act. As stated earlier, the State can elect to set up their own waste management system but at their own costs.
At the end of the day, be it the Federal Government or Local Government having the powers and control of solid waste management, a more proactive and inventive approach is to be taken by encouraging all stakeholders participation which includes all the companies involved in providing waste management services and not only the selective few, in the development of solid waste management that will ultimately bring about an effective integrated solid waste management system.
Recognition and adoption of new technologies or proven technologies being used for the first time in Malaysia such as RDF and not focusing solely on incineration per se, should be encouraged as these are localised technologies developed for local conditions. This will be in line with advocating good waste management practice principles such as Best Available Technology Not Entailing Excessive Cost (BATNEEC), Best Available Technology Suiting Socio Economic Standing (BATSSES). This would contribute to the advancement of scientific research in waste and related disciplines/activities as well as technological development in environmental areas in Malaysia.
The above approach will ultimately bring Malaysia in the same standing as other developed countries relating to sustainable development. Otherwise, the whole exercise no matter how good the intentions of the Act, will be a futile exercise especially in the arena of solid waste management.
Excerpts from a paper presented by Ms Rajinder Kaur Gill
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