The document discusses Malaysia's laws regarding nuclear waste management based on the 1984 Act and related conventions. It outlines the Joint Convention on the Safety of Spent Fuel Management and on the Safety of Radioactive Waste Management, which aims to achieve high safety standards. It also discusses the Rio Declaration and its principles regarding state responsibility and liability for transboundary environmental damage. The document analyzes Malaysia's Atomic Energy Licensing Act of 1984 and the Atomic Energy Licensing (Radioactive Waste Management) Regulations of 2011, which establish the regulatory framework and licensing requirements for nuclear waste management. It concludes that while guidelines exist, continuous development is needed to establish comprehensive safety standards and procedures.

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Bincangkan undang-undang mengenai pengurusan sisa nuklear di
Malaysia merujuk kepada Akta 1984 dan konvensyen yang berkaitan.
Contents
I. Introduction and issues...................................................................................................1
II. Joint convention on the Safety of Spent Fuel Management and on the Safety of
Radioactive Waste Management................................................................................................2
III. Rio declaration on Environment & Development 1992 ................................................3
IV. Radioactive Waste Safety Standard Series (RADWASS) .............................................4
V. Atomic Energy Licensing Act 1984 ..............................................................................5
VI. Atomic Energy Licensing (Radioactive Waste Management) Regulations 2011 .........6
VII. Conclusion .....................................................................................................................6
I. INTRODUCTION AND ISSUES
As the usage of nuclear power is controversial, there is endless debate concerning nuclear
power. One of the recent debates is the management and handling of nuclear waste. The
debate mainly concerns the safety and the handling method of nuclear waste
In The States, a few nuclear plant construction projects were cancelled because of
widespread negative press and substantial scientific evidence concerning the shortcoming of
the current handling method. Owing to the reasons mentioned, Malibu Project and also
Bodega Project were cancelled.
In understanding management of nuclear waste, it is important to first note the
classifications of radioactive waste ( example: high level and and low level waste). Not all of
the methods are suitable to be used to dispose all nuclear waste because of the different
radiation concentrations that will cause an issue to the environment if the way of disposing it
is wrong.
For example, the facilities used in sub seabed disposal methods is not fulfilling Article 14
of Joint Convention on the Safety of Spent Fuel Management and on the Safety of
Radioactive Waste Management under the heading design and construction of facilities. The
article requires each contracting party shall take the appropriate steps to ensure that the

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design and construction of a radioactive waste management facility provide for suitable
measures to limit possible radiological impacts on individuals, society and the environment.
To understand the framework of nuclear waste management, it is important to first look
into the following legal instruments:
II. JOINT CONVENTION ON THE SAFETY OF SPENT FUEL
MANAGEMENT AND ON THE SAFETYOF RADIOACTIVE WASTE
MANAGEMENT
A. BACKGROUND
The first international instrument that deals with the safety of management and
storage of radioactive waste in countries with and without nuclear programs. The
Convention is aimed at achieving a high level of safety in spent fuel and radioactive
waste management, ensuring that there are effective defenses against potential
hazards during all stages of management of such materials, and preventing accidents
with radiological consequences.
B. ARTICLE 1 : OBJECTIVES OF THE CONVENTION
1. to maintain a high level of safety worldwide in spent fuel and
radioactive waste management, through the enhancement of national measures
and international co-operation
2. to ensure that during all stages of spent fuel and radioactive waste
management there are effective defenses against potential hazards so that
individuals, society and the environment are protected from harmful effects of
ionizing radiation, now and in the future
3. to prevent accidents with radiological consequences and to mitigate
their consequences should they occur during any stage of spent fuel or
radioactive waste management.
C. ARTICLE 2 OF JOINT CONVENTION PROVIDES FOR THE INTERPRETATION.

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“disposal” the emplacement of spent fuel or radioactive waste in an appropriate
facility without the intention of retrieval.
"Radioactive
waste"
radioactive material in gaseous, liquid or solid form for which no further
use is foreseen by the Contracting Party
"radioactive
waste
management"
all activities, including decommissioning activities, that relate to the
handling, pretreatment, treatment, conditioning, storage, or disposal of
radioactive waste, excluding off-site transportation.
D. ARTICLE 3 : THE SCOPE OF APPLICATION OF THIS CONVENTION WHERE THE
SAFETY OF RADIOACTIVE MANAGEMENT WILL BE APPLIED WHEN THE RADIOACTIVE
WASTE IS RESULTED FROM CIVILIAN APPLICATION.
1. Tak apply
the safety of management of radioactive waste within military or defence
programmes, unless declared as spent fuel or radioactive waste for the
purposes of this Convention by the Contracting Party.
2. apply
the safety of management of spent fuel and radioactive waste from military or
defence programmes if and when such materials are transferred permanently
to and managed within exclusively civilian programmes.
III. RIO DECLARATION ON ENVIRONMENT & DEVELOPMENT
1992
A. PRINCIPLE 2
States have the sovereign right to exploit their own resources pursuant to their own
environmental and developmental policies, and the responsibility to ensure that
activities within their jurisdiction do not cause environmental damges of other States.

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a) Example: Expert opinion papers have provided insights on the
practical approach of implementing the disposal method of
partitioning and transmutation in handling nuclear energy. Though
there is no current legislation governing the method, general principles
of nuclear law apply to the rights and duties of the authorities.
B. PRINCIPLE 13
States shall also co-operate in an expeditious and more determined manner to develop
further international law regarding liability and compensation for adverse effects of
environmental damage caused by activities within their jurisdiction or control to areas
beyond their jurisdiction
C. PRINCIPLE 14
States should effectively cooperate to discourage or prevent the transfer to other
States of any activities and substances that cause severe environmental degradation
a) Example: The rejection of states that have signed the 1959
Antarctic Treaty to allow the disposal method, namely, ice sheet
disposal because of its possibility that may harm
(1) the country of where the nuclear waste will be
relocated and
(2) countries involved during the transfer of the materials,
D. AGENDA 17
The agenda that can be related to nuclear waste management are ensuring prior
assessment of activities that may have significant adverse impact on the seas, develop
land-use practices that reduce run-off soils and wastes to the rivers and thus to the
seas and stop ocean dumping and the incineration of hazardous wastes at sea
IV. RADIOACTIVE WASTE SAFETY STANDARD SERIES
(RADWASS)
It is the handling guidelines published by IAEA named RADWASS, a guideline for the well-

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established procedures for the safe management of radioactive wastes . Extensive guideline
has been provided in the areas of waste processing and storage, near-surface disposal, and
gaseous and liquid discharge. RADWASS documents provide generally applicable
requirements and guidance for the entire area of waste safety.
V. ATOMIC ENERGY LICENSING ACT 1984
A. SECTION 3
Establishment of Atomic Energy Licensing Board (AELB), regulatory body for
nuclear management in Malaysia.
B. PART IV (NUCLEAR WASTE MANAGEMENT) : SECTION 26 TO SECTION 31
This part includes the control of disposal and accumulation of nuclear waste,
rectification of situation in case that the facility is not adequate and also the
transportation of radioactive waste.
One of the primary concerns of nuclear waste management is for the preservation of
environment and thus, this act ought to be read together with Environmental Quality
Act 1974 for the non-radiological waste discharge & disposal.
1. section 26 (1) of Act 1984
that no person shall dispose of or cause to be disposed any radioactive waste
without written prior authorization from appropriate authority.
2. section 27 (4) of Act 1984: meaning of radioactive waste
Any radioactive material or nuclear material is produced, kept or used in or
on any premised arising from the production, keeping or use of that
radioactive material, nuclear material, that substance arising from such
production, unless the contrary is proved, be presumed-
(a) to be radioactive waste; and
(b) to be accumulated on the premises with a view to subsequent disposal
3. section 30
no person shall transport any radioactive waste without the prior authorization
in writing of the appropriate authority

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VI. ATOMIC ENERGY LICENSING (RADIOACTIVE WASTE
MANAGEMENT) REGULATIONS 2011
A. BACKGROUND
In an attempt to improve effectiveness of regulating the radioactive waste
management in the country, together with an IAEA effort to enhance safety of
radioactive waste management in member states, AELB had developed Regulation
2011. A licence must be obtained from AELB in accordance with the Radiation
Protection (Licensing) Regulations 1986 before anyone can dispose radioactive
waste.
B. REGULATION 2
the regulations shall be applied to all aspects of radioactive waste and waste
management arising from medical, industrial and research applications and any other
application which may be specified by the Board.
C. REGULATION 5
Licensees shall be responsible for the safe management of radioactive waste and
ensure that the generation of radioactive waste and its impact to the environment is as
minimum as possible. Furthermore, the regulation also provided for: appointment of
radioactive waste management officers and their responsibilities
D. OTHER REGULATIONS
Furthermore, the regulation also provided for reuse and recycle of radioactive waste ;
discharge and disposal limits of radioactive waste .
VII. CONCLUSION
After examining international guidelines, convention and also national legislation concerning
nuclear waste management, it is clear that there is yet a legal mechanism which is able to
provide extensive, comprehensive and complete list of handling procedures and the aftermath
in case of failure to manage the radioactive waste accordingly. Adopting what wrote by
Dominique Delattre in “RADWASS Update”, it is not possible to be definitive on all relevant

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safety issues at the present time. The safety measure for nuclear waste management develops
with time and it is important that national legislation takes steps to comply with international
level of safety in managing nuclear waste to ensure the preservation of life, safety and health
of society as a whole.