The environmental impact of the fast fashion industry in Malaysia: A social and legal perspective

By: Eisern Tan Yuan Ho (陈谚柯) , Shinyau Wong , Sarish Muhundhan , & Chantal Vaune Augustine

I. Introduction: Fast fashion and the environment

Briefly, fast fashion may be described as an industry aimed at capitalising on the mass-production of inexpensive and trendy fashion garments at the height of their popularity to satisfy consumer needs.[1] Unfortunately, large quantities of clothes produced in the process are usually discarded by users after only a few wears when they fall out of trend, thus creating an environmentally harmful system of consumption and overproduction.

Therefore, fast fashion poses a serious threat to the environment. Firstly, due to the speed and scale of production, the industry is a major cause of the rapid depletion of natural resources. For example, each year, the industry is responsible for using around 79 trillion litres of water[2] and billions worth of textile materials.[3]

Similarly, fast fashion is also a major producer of textile waste, with Malaysia producing around 1,000 tonnes of discarded textiles daily.[4] Large amounts of chemical waste are also caused since more than 1900 harmful chemicals are involved in the manufacturing process.[5] These chemicals are then released when the discarded clothes decompose, either in the form of leachates that pollute the soil and groundwater, or in the form of harmful gases that are prone to cause respiratory problems.[6]

Apart from that, the industry is also responsible for around 20% of the total production of industrial wastewater globally.[7] The pollution doesn’t end with the manufacturing process though, as large amounts of plastic microfibres are contained in the end products, which eventually end up in the drains and then the oceans when washed.[8]

Finally, the fast fashion industry is also responsible for 10% of the global carbon dioxide emissions, producing around 1.2 billion tonnes of carbon emissions annually,[9] thus contributing severely to climate change. This is especially so given the prevalence of the use of cheap petroleum-based synthetic materials in the manufacturing process.[10]

II. Existing Laws, Regulations and Policies

Unfortunately, in Malaysia, there is no legislation or policy that specifically and directly regulates fast fashion at all. Instead, the existing laws and policies only deal with certain forms of pollution generally, which therefore only indirectly relate to fast fashion. Nevertheless, they are set out below.

Before we continue, we should first be mindful of Malaysia’s various obligations under international law. Although international conventions do not have the force of law in Malaysia (unless adopted by Parliament),[11] yet their influence on local legislation and policy is undeniable. Among the relevant conventions that Malaysia is a party to would be the Basel Convention,[12] under which Malaysia is obligated to take measures to reduce hazardous waste (involved in fast fashion) within her borders.[13] Additionally, there is also the UNFCCC,[14] the Kyoto Protocols,[15] the Paris Agreement,[16] and more specifically the UN Fashion Industry Charter for Climate Change,[17] all of which are focused on the control and reduction of greenhouse gases (“GHG”) produced by inter alia fast fashion to combat climate change. Finally, there is also the UN Alliance for Sustainable Fashion, launched under the UN 2030 Agenda for Sustainable Development, which aims to counteract fast fashion.[18]

With that being said, we shall now move on to Malaysian law. In Malaysia, the only federal statute that deals with environmental pollution directly is the EQA,[19] along with certain other location-specific state enactments which we will not discuss here. In essence, the EQA is primarily concerned with the regulation and control of pollution-related activities (called “prescribed activities”) and premises (“prescribed premises”),[20] though it is not concerned with pollution prevention and environmental restoration. This can be seen by the EQA’s use of a licensing system[21] and other requirements (such as prior approvals,[22] environmental audits[23] and EIA reports[24]) to establish such control. The EQA also confers rather wide discretion on the Director General to impose conditions in the granting of any licenses or approvals,[25] as well as wide powers to enforce such conditions and the EQA’s provisions.[26] The EQA also creates certain statutory offences[27] and is concerned with only 6 types of pollution, the relevant ones for our purposes being atmospheric/air pollution,[28] soil pollution,[29] inland water pollution,[30] and the discharge of waste into Malaysian waters.[31]

Despite the above, the EQA is in reality only a framework legislation, meaning that the bulk of the law is contained within subsidiary legislations enacted thereunder.[32] Due to large amount of industrial wastewater discharged from fast fashion factories, one such relevant subsidiary legislation would be the Industrial Effluent Regulations,[33] which inter alia sets out the acceptable conditions for the discharge of industrial effluents,[34] prohibitions of discharge,[35] and the penalties for contravention.[36] The regulations also provide for the monitoring of industrial effluents[37] as well as the setting up of a industrial effluent treatment systems.[38]

Next, there is the Clean Air Regulations[39] which controls air pollution and, indirectly, the emissions of greenhouse gases in Malaysia, and thus tackles the atmospheric pollution caused by fast fashion. The regulations inter alia provide for standards of emissions,[40] the mandatory instalment of air pollution control systems,[41] and the monitoring and recording of emissions[42] in specified premises.[43] The regulations also incorporate the “best practical means” principle by requiring the owners of such premises to adopt the best available techniques to reduce the emission of air pollutants[44] and the release of hazardous substances into the air,[45] while also providing for penalties for non-compliance.[46]

Then, there is the Scheduled Waste Regulations,[47] which deals with inter alia the disposal,[48] treatment,[49] storage,[50] labelling,[51] spillage,[52] and the record and provision of information[53] relating to scheduled wastes[54] which may be produced by the fast fashion industry. Compliance with the regulations is similarly achieved via the imposition of statutorily-prescribed penalties.[55]

Finally, there is the Landfill Pollution Regulations,[56] which are able to combat the pollution caused by discarded and decomposing clothes left in landfills. For instance, the regulations inter alia regulate the release of landfill gases (via the landfill gas collection and disposal system),[57] groundwater pollution,[58] the discharge and treatment of leachates[59] in landfills, as well as their operations,[60] while setting out appropriate penalties for their enforcement[61] and so on.[62]

Apart from legislation, the Malaysian government has also outlined certain policies that indirectly combat the effects of the fast fashion industry. Firstly, there is the National Policy on the Environment 2002, which inter alia emphasizes the sustainable use of natural resources and the role of the private sector in combating pollution,[63] which in turn combats the excessive usage of natural resources by the fast fashion industry. Then, there is the Extended Producer Responsibility Policy, [64] which aims to hold producers responsible for the environmental impacts of their products and to incentivise them into adopting eco-friendly and sustainable production methods. There is also the National Solid Waste Management Policy 2016,[65] which aims to create a holistic solid waste management system that gives the priority to waste reduction. Another relevant policy would be National Policy on Climate Change 2009[66] which provides a useful framework for all agencies and industries to address climate change. In fact, in the latest 12th Malaysia Plan,[67] one of the key themes is sustainable development, which focuses on clean development and proper managing of waste and resources. Finally, there is the government 2020-2030 Roadmap[68] which sets out the government’s goals and initiatives in conserving various areas of the environment, including on air quality, clean rivers, green growth, et cetera.

III. Present Efforts made and its Effectiveness

Most of the present efforts made to combat specifically against fast fashion are done by NGOs[69] and private associations. The reason for this is because the Malaysian government has yet to place any emphasis on the fast fashion industry. Instead, currently the government is more concerned on implementing more general environmental policies as set out above, which only indirectly relate to fast fashion. Hence, we will only be focusing here on the efforts of NGOs that do actually directly address fast fashion.

Firstly, we have Fashion Revolution Malaysia (“FRM”), which is part of the broader Fashion Revolution movement. The movement is currently the world’s largest fashion activism movement which inter alia aims at shifting the fashion industry towards an eco-friendlier path that emphasizes the conservation and restoration of the environment.[70] It plans to do so via a three-pronged approach, i.e. by causing cultural, industry and policy changes. Accordingly, FRM has strongly spoken out against fast fashion and has launched multiple events to increase public awareness on the issue. One of their most well-known events is the “Fashion Revolution Week”,[71] which was participated by various luminaries and celebrities and involved events such as clothes swapping, workshops and even an art exhibition titled “The Big Waste”. Additionally, FRM has also tried to use the influence of its celebrity members to incentivise change in the industry through consumer pressure.

Next, we have upcycling initiatives. Briefly, upcycling is the process of repurposing unwanted garments into new pieces of clothing, thereby reducing the number of discarded clothes and textile waste. Upcycling also reduces consumer demand for new clothes and thus discourages overproduction of clothes. An example of an NGO in this area would be Suri Lifestyle, which is a company that primarily employs B40 mothers to upcycle used denim into new clothing products.[72] Another example would Upcycled4Better which upcycles clothing items regularly. In fact, in 2022, Upcycled4Better even managed to repurpose old rubber shoes into the rubber flooring of a school playground.[73] There is also Kloth Cares, a company which sets up “fabric bins” throughout various locations for individuals to dispose of their unwanted clothes, which are then either sent to charity or recycled into new products. [74]

Another surprising development is the emergence of thrift stores throughout Malaysia.[75] Thrift stores are essentially shops that buy and resell second-hand or factory-rejected clothing to keep them out of landfills. Thrift stores are the antithesis of fast fashion, and are increasingly popular among the younger generation as they offer fashionable clothes at cheaper and more affordable prices. In fact, due to the recent pandemic, thrift shops are increasingly becoming an online enterprise,[76] thus posing a significant threat to the fast fashion industry.

Additionally, some companies are also proactively engaged in carbon-offsetting, i.e. efforts to reduce their carbon footprint. Such off-setting efforts are facilitated by Climate Neutral,[77] which equips these companies with the necessary tools and expertise to engage in carbon-offsetting, and then certifies them if they are successful in doing so.

Finally, we have also found in our survey that some of our respondees have tried to combat fast fashion by avoiding clothes shopping where necessary, by donating their clothes, by repurposing unwanted clothes as table cloths, et cetera.

IV. Present Challenges and Weaknesses Faced & Recommendations for Change and Improvement

Despite the above, there remains many challenges and weaknesses still faced in combating the environmental effects of fast fashion.

Firstly, as noted above, the government has not taken any direct measures to counter the phenomenon of fast fashion. In fact, more than 90% of our survey respondees have agreed that the government isn’t putting enough effort into the issue. This is rather concerning since there is only so much NGOs can do. Therefore, we suggest that the government should play a more active role in combating fast fashion by adopting policies specifically tailored to deal with fast fashion. The government could, for example, implement collaborations initiatives with clothing brands to promote sustainable fashion, implement programmes to increase consumer awareness, establish official clothing recycling centres, et cetera.

Another major issue also lies in the state of environmental rights in Malaysia, which remain largely unrecognized, since there is no explicitly guarantee under the Federal Constitution for a healthy and clean environment. The only instance where the courts have alluded to such a right would be in Tan Tek Seng,[78] but even then, this was done in obiter.[79] In contrast, the Constitution explicitly guarantees the right to freedom of expression,[80] which arguably includes the right to dress as one likes[81] and thus to engage in fast fashion. What this means is that the constitutional right to clothing-expression will likely overshadow the right to a clean environment, and thus there is not much that can be constitutionally done to prohibit or restrict Malaysians from engaging in fast fashion.[82] The government is thus limited to indirect methods to discourage fast fashion among consumers. To change this, we recommend that a new article be included in the Constitution that explicitly recognizes the right to a clean environment, so as to put environmental rights on par with other fundamental rights and authorize the government to take more drastic measures to directly combat fast fashion. We emphasize that such an amendment is possible, as from our survey, we have found that most of our respondees would support such an amendment.

Apart from that, as previously alluded, there is currently no legislation in Malaysia that specifically combats fast fashion. Most environmental laws in Malaysia are instead focused on merely regulating and controlling pollution in general, as opposed to adopting any effective mitigating (preventing pollution) or adaptation (undoing pollution) measures towards fast fashion. This is rather concerning as the mere regulation of pollution is insufficient to combat the rapid environmental damage caused by the fast fashion industry. Therefore, we recommend that the EQA be amended to the following effect: (A) that it incorporates more preventive measures in line with the “precautionary principle”, by for example mandating periodic EIA reports in the fast fashion industry or by restricting the number of factories that may engage in fast fashion (or more radically, to outlaw them entirely), and (B) that in addition to the various penalties imposed, there should be provisions embodying the “polluter pays principle” requiring fast fashion companies to bear the costs for undoing the environmental damage they’ve done. Additionally, we also propose the introduction of a new regulations to specifically deal with the various aspects of the fast fashion industry. Such regulations may for instance expressly create an advisory council to the Director General[83] on the measures to be taken against fast fashion companies, adopt statutorily-mandatory industry best practices, and even make compulsory the use of eco-friendly materials in manufacturing clothes.

Another challenge that is faced is the unwillingness of certain companies to cooperate in stamping down fast fashion, since fast fashion remains a highly lucrative business. Hence, we suggest that the existing law should also be amended so as to provide both positive and negative incentives for companies to move away from fast fashion. For instance, legislation may be passed to impose heavier taxes on companies that produce beyond a certain quantity of textiles each month, and may also provide for financial subsidies for eco-friendly and environmentally sustainable fashion companies.

Then, there is the challenge of societal apathy towards environmental issues. According to our survey, it was found that the largest demographic of individuals that engage in fast fashion are young adults, especially if they are in their early twenties and have some source of independent income. Our study has also found that most of these individuals are actually aware of the environmental impact of fast fashion but nevertheless continue to engage in it due to inter alia peer pressure and the need to feel trendy. Accordingly, what we need then is not more awareness campaigns, but rather for the government to adopt other measures to make sustainable fashion as convenient as possible. The government may, for example, set up mobile clothes-recycling-collection units to collect unwanted clothes periodically from neighbourhoods, so as to donate them to the needy; Parliament may also authorize heavier taxes on fashion trendy clothes so as to reduce compulsive buying among consumers; and the government may even mandate the usage of biodegradable materials in the manufacture of fast fashion clothes that are meant to be discarded after a short period.

Finally, there is the considerable difficulty in the actual enforcement of environmental laws. This is because Malaysia does not possess a uniform law on environmental issues. Instead, various aspects of the environment are assigned between the States and the Federation by the Constitution.[84] However, due to the overlapping nature of most of these aspects, this often leads to much confusion among the authorities themselves as to who possesses the power to legislate or enforce the law on a given issue. This then leads to a fracture in the administration and enforcement of the law, which in turn reduces its effectiveness. The above is further exacerbated by the sectoral approach and silo mentality adopted by the enforcing authorities, who refuse to interfere with issues not strictly within their jurisdiction. The lack of a uniform environmental law was also made worst in light of the decision in Kajing Tubek, which has held that since Parliament is presumed not to intend to encroach upon State matters, then if the “environment” in question is within the legislative and constitutional province of the State in question, State law shall apply to the exclusion of federal law. Therefore, we suggest that a constitutional amendment should be made to the Ninth Schedule of the Constitution so as to clearly accord legislative and executive power to regulate environmental issues to the Federation only. Similarly, we also advocate for the assimilation of all environmental agencies in Malaysia under federal rule, and also for the abolishment of any strict demarcation of functions between specialized officers. All environmental officers should be thus be admitted as federal officers and should be allowed to interfere in cases not strictly within their expertise where necessary before handing them over to the appropriate section of the environmental Ministry. Meanwhile, the States will still be allowed to regulate the various items under the State List so long as they do not act inconsistently with federal environmental law. However, we acknowledge that the passing of such an amendment might be difficult and controversial, but it is nevertheless possible.

V. Conclusion

In conclusion, from the above, it is undeniable that fast fashion has a major impact on the environment, and that the existing efforts (though wholesome) remain insufficient. Therefore, much remains to be done by all parties to combat the phenomenon of fast fashion. Only time will tell whether Malaysia will one day succeed in doing so.

[1] Stanton, A. (2023, Nov 3). What is Fast Fashion, Anyway? The Good Trade. Retrieved from <https://www.thegoodtrade.com/features/what-is-fast-fashion/>. Site accessed on 10 Nov 2023.

[2] Bailey, K., Basu, A., & Sharma, S. (2022). The Environmental Impacts of Fast Fashion on Water Quality: A Systematic Review. Water, 14(7), 1073. Retrieved from <https://doi.org/10.3390/w14071073>. Site accessed on 11 Nov 2023.

[3] Domenitz, J., & Meiffren-Swango, C. (2023, Aug 7). What’s The Problem With Fashion? PIRG.org. Retrieved from <https://pirg.org/articles/whats-the-problem-with-fast-fashion/#:~:text=Waste%20is%20a%20design%20flaw&text=>. Site accessed on 12 Nov 2023.

[4] Shahul Hamid Fauziah, Simon, C. & Periathamby, A. (2014). Municipal Solid Waste Management in Malaysia — Possibility of Improvement? Malaysian Journal of Science, 23(2), 61.

[5] Kant, R. (2012). Textile Dyeing Industry: An Environmental Hazard. Natural Science, 4(1),?22.

[6] Claudio, L. (2007). Waste Couture: Environmental Impact of the Clothing Industry. Environmental Health Perspectives, 115(9), A449, A450.

[7] Bailey, K., Basu, A., & Sharma, S. (2022). The Environmental Impacts of Fast Fashion on Water Quality: A Systematic Review. Water, 14(7), 1073. Retrieved from <https://doi.org/10.3390/w14071073>. Site accessed on 11 Nov 2023.

[8] Brodde, K. (2017, Mar 2). What Are Microfibers and Why Are Our Clothes Polluting the Ocean? Greenpeace. Retreived from <https://www.greenpeace.org/international/story/6956/what-are-microfibers-and-why-are-our-clothes-polluting-the-oceans/>. Site accessed on 13 Nov 2023.

[9] Center for Biological Diversity. (n.d.). Center for Biological Diversity. Retrieved from <https://www.biologicaldiversity.org/programs/population_and_s> Site accessed on 13 Nov 2013.

[10] Climate Council. (2021, May 25). Fast Fashion Needs To Slow Down For The Climate. Climate Council. Retrieved from <https://www.climatecouncil.org.au/resources/fast-fashion-climate-change/>. Site accessed on 14 Nov 2023.

[11] Beatrice a/p AT Fernandez v Sistem Penerbangan Malaysia [2005] 3 MLJ 681.

[12] Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal, opened for signature 22 March 1989, 1673 UNTS 57 (entered into force 5 May 1992).

[13] Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal, opened for signature 22 March 1989, 1673 UNTS 57 (entered into force 5 May 1992), art 4(2)(a).

[14] United Nations Framework Convention on Climate Change, opened for signature 9 May 1992, 1771 UNTS 107 (entered into force 21 March 1994), art 2.

[15] Kyoto Protocol to the United Nations Framework Convention on Climate Change, opened for signature 11 December 1997, 2303 UNTS 162 (entered into force 16 February 2005).

[16] Paris Agreement, opened for signature 12 December 2015, 3156 UNTS 79 (entered into force 4 November 2016).

[17] United Nations Climate Change. (n.d.). Fashion Industry Charter for Climate Change. United Nations Climate Change. Retrieved from <https://unfccc.int/climate-action/sectoral-engagement-for-climate-action/fashion-charter#The-Charter>. Site accessed on 13 Nov 2023.

[18] Nijman, S. (2022, Jun 21). UN Alliance For Sustainable Fashion Addresses Damage of Fast Fashion. United Nations Environment Programme. Retrieved from <https://www.unenvironment.org/news-and-stories/press-release/un-alliance-sustainable-fashion-addresses-damage-fast-fashion>. Site accessed on 14 Nov 2023.

[19] Environmental Quality Act 1974 (Act 127) (Malaysia).

[20] See the Environmental Quality Act 1974 (Act 127) (Malaysia) ss 2 & 18, for the definition of “prescribed premises”.

[21] Environmental Quality Act 1974 (Act 127) (Malaysia) Part III; Environmental Quality (Licensing) Regulations 1977 (P.U.(A) 198/1977) (Malaysia).

[22] Environmental Quality Act 1974 (Act 127) (Malaysia) s 20.

[23] Environmental Quality Act 1974 (Act 127) (Malaysia) s 33A.

[24] Environmental Quality Act 1974 (Act 127) (Malaysia) s 34A; Environmental Quality (Prescribed Activities) (Environmental Impact Assessment) Order 2015 (P.U.(A) 195/2015) (Malaysia).

[25] See, for example, Environmental Quality Act 1974 (Act 127) (Malaysia) ss 11(3), 12, 20(2), et cetera.

[26] Environmental Quality Act 1974 (Act 127) (Malaysia) Part VI.

[27] See, for example, Environmental Quality Act 1974 (Act 127) (Malaysia) ss 41, 16, 18(3), 22(3), et cetera.

[28] Environmental Quality Act 1974 (Act 127) (Malaysia) s 22.

[29] Environmental Quality Act 1974 (Act 127) (Malaysia) s 24.

[30] Environmental Quality Act 1974 (Act 127) (Malaysia) s 25.

[31] Environmental Quality Act 1974 (Act 127) (Malaysia) s 29.

[32] Environmental Quality Act 1974 (Act 127) (Malaysia) s 51.

[33] Environmental Quality (Industrial Effluent) Regulations 2009 (P.U.(A) 434/2009) (Malaysia).

[34] Environmental Quality (Industrial Effluent) Regulations 2009 (P.U.(A) 434/2009) (Malaysia) r 11 – 15.

[35] Environmental Quality (Industrial Effluent) Regulations 2009 (P.U.(A) 434/2009) (Malaysia) r 18, 21, 22 & 23.

[36] Environmental Quality (Industrial Effluent) Regulations 2009 (P.U.(A) 434/2009) (Malaysia) r 32.

[37] Environmental Quality (Industrial Effluent) Regulations 2009 (P.U.(A) 434/2009) (Malaysia) r 4, 7, 16 & 20.

[38] Environmental Quality (Industrial Effluent) Regulations 2009 (P.U.(A) 434/2009) (Malaysia) r 32.

[39] Environmental Quality (Clean Air) Regulations 2014 (P.U.(A) 151/2014) (Malaysia).

[40] Environmental Quality (Clean Air) Regulations 2014 (P.U.(A) 151/2014) (Malaysia) r 12, 13 & 23.

[41] Environmental Quality (Clean Air) Regulations 2014 (P.U.(A) 151/2014) (Malaysia) r 7 – 10.

[42] Environmental Quality (Clean Air) Regulations 2014 (P.U.(A) 151/2014) (Malaysia) r 10, 16, 17 & 18.

[43] Environmental Quality (Clean Air) Regulations 2014 (P.U.(A) 151/2014) (Malaysia) r 3.

[44] Environmental Quality (Clean Air) Regulations 2014 (P.U.(A) 151/2014) (Malaysia) r 6.

[45] Environmental Quality (Clean Air) Regulations 2014 (P.U.(A) 151/2014) (Malaysia) r 15(1).

[46] Environmental Quality (Clean Air) Regulations 2014 (P.U.(A) 151/2014) (Malaysia) r 29.

[47] Environmental Quality (Scheduled Wastes) Regulations 2005 (P.U.(A) 140/1989) (Malaysia).

[48] Environmental Quality (Scheduled Wastes) Regulations 2005 (P.U.(A) 140/1989) (Malaysia) r 4.

[49] Environmental Quality (Scheduled Wastes) Regulations 2005 (P.U.(A) 140/1989) (Malaysia) r 5 – 7.

[50] Environmental Quality (Scheduled Wastes) Regulations 2005 (P.U.(A) 140/1989) (Malaysia) r 9.

[51] Environmental Quality (Scheduled Wastes) Regulations 2005 (P.U.(A) 140/1989) (Malaysia) r 10.

[52] Environmental Quality (Scheduled Wastes) Regulations 2005 (P.U.(A) 140/1989) (Malaysia) r 14.

[53] Environmental Quality (Scheduled Wastes) Regulations 2005 (P.U.(A) 140/1989) (Malaysia) r 11 – 13.

[54] Environmental Quality (Scheduled Wastes) Regulations 2005 (P.U.(A) 140/1989) (Malaysia) r 2 & First Schedule.

[55] Environmental Quality (Scheduled Wastes) Regulations 2005 (P.U.(A) 140/1989) (Malaysia) r 16.

[56] Environmental Quality (Control of Pollution from Solid Waste Transfer Station and Landfill) Regulations 2009 (P.U.(A) 433/2009) (Malaysia).

[57] Environmental Quality (Control of Pollution from Solid Waste Transfer Station and Landfill) Regulations 2009 (P.U.(A) 433/2009) (Malaysia) r 6

[58] Environmental Quality (Control of Pollution from Solid Waste Transfer Station and Landfill) Regulations 2009 (P.U.(A) 433/2009) (Malaysia) r 7.

[59] Environmental Quality (Control of Pollution from Solid Waste Transfer Station and Landfill) Regulations 2009 (P.U.(A) 433/2009) (Malaysia) r 8 – 11, & 13 – 20.

[60] Environmental Quality (Control of Pollution from Solid Waste Transfer Station and Landfill) Regulations 2009 (P.U.(A) 433/2009) (Malaysia) r 4.

[61] Environmental Quality (Control of Pollution from Solid Waste Transfer Station and Landfill) Regulations 2009 (P.U.(A) 433/2009) (Malaysia) r 29.

[62] See also the Solid Waste and Public Cleansing Management Act 2007 (Act 672) (Malaysia) which only applies to 7 States in Malaysia.

[63] Department of Environment. (2023, Nov 23). Dasar Alam Sekitar Negara. Official Portal Department of Environment Ministry of Natural Resources, Environment and Climate Change. Retrieved from <https://www.doe.gov.my/en/national-policy-of-the-environment/>. Site accessed on 23 Nov 2023.

[64] Chow, Z.E. (2023, Aug 10). Extended Producer Responsibility: Stepping Stone to Malaysia’s Circular Economy. The Star. Retrieved from <https://www.thestar.com.my/news/nation/2023/08/10/extended-producer-responsibility-stepping-stone-to-malaysia039s-circular-economy>. Site accessed on 14 Nov 2023.

[65] Prime Minister’s Office of Malaysia. (2019, Jul 16). National Solid Waste Management Policy. Prime Minister’s Office of Malaysia Official Website. Retrieved from <https://www.pmo.gov.my/2019/07/national-solid-waste-management-policy/>. Site accessed on 15 Nov 2023.

[66] Prime Minister’s Office of Malaysia. (2019, Jun 12). National Policy on Climate Change. Prime Minster’s Office of Malaysia Official Website. Retrieved from < https://www.pmo.gov.my/2019/07/national-policy-on-climate-change/> Site accessed on 15 Nov 2023.

[67] Ministry of Economy. (n.d.). RMK12 Twelfth Malaysia Plan 2021-2025. RMK12. Retrieved from <https://rmke12.ekonomi.gov.my/en>. Site accessed on 15 Nov 2023.

[68] MGTC Annual Report 2021. (n.d.). Environmental Sustainability in Malaysia 2020-2030 Roadmap. MGTC Annual Report 2021. Retrieved from <https://ar2021.mgtc.gov.my/ebook/104/>. Site accessed on 15 Nov 2023.

[69] Short for “Non-Governmental Organization”.

[70] Fashion Revolution. (n.d.). Fashion Revolution. Retrieved from <https://www.fashionrevolution.org/about/>. Site accessed on 18 Nov 2023.

[71] Najihah Rashid. (2022, Apr 21). Fashion Slows Down at Fashion Revolution Week. Prestige. Retrieved from <https://www.prestigeonline.com/my/style/fashion/fashion-slows-down-at-fashion-revolution-week-2022/>. Site accessed on 18 Nov 2023.

[72] Sinar Daily. (2022, May 15). Suri Lifestyle Finds a Way to Stitch Business with Positive Impacts. Sinar Daily. Retrieved from <https://www.sinardaily.my/article/174289/business/personality/suri-lifestyle-finds-a-way-to-stitch-business-with-positive-impacts>. Site accessed on 18 Nov 2023.

[73] Megat Syahar. (2022, Aug 12). Old Soles to Be Part of School Playground’s New Surface. The Star. Retrieved from <https://www.thestar.com.my/metro/metro-news/2022/08/12/old-shoes-to-be-part-of-school-playgrounds-new-surface>. Site accessed on 18 Nov 2023.

[74] Jay, S. (2022, Apr 4). Kloth Cares: Keeping Fabric Out of Malaysian Landfills. Free Malaysia Today. Retrieved from < https://www.freemalaysiatoday.com/category/leisure/2022/04/04/kloth-cares-keeping-fabric-out-of-malaysian-landfills/. Site accessed on 18 Nov 2023.

[75] The Beat Asia. (2023, Mar 21). 10 Thrift Stores in Malaysia for Your Sustainability and Second-hand Shopping. The Beat Kuala Lumpur. Retrieved from <https://thebeat.asia/kuala-lumpur/fashionista/style/10-thrift-stores-in-kl-for-your-sustainability-and-secondhand-shopping>. Site accessed on 18 Nov 2023.

[76] Discover. (2022, Jan 27). The 5 Best Online Thrift Stores in Malaysia. Discover. Retrieved from <https://www.dhl.com/discover/en-my/e-commerce-advice/e-commerce-sector-guides/The-5-Best-Online-Thrift-Stores-In-Malaysia>. Site accessed on 18 Nov 2023.

[77] The Climate Change Project. (n.d.). Climate Change Is Obvious. The Climate Change Project. Retrieved from <(https://www.changeclimate.org/>. Site accessed on 18 Nov 2023.

[78] Federal Constitution (Malaysia) art 5(1).

[79] Tan Tek Seng v Suruhanjaya Perkhidmatan Pendidikan [1996] 1 MLJ 261, 288.

[80] Federal Constitution (Malaysia) art 10(1)(a).

[81] Muhamad Juzaili bin Mohd Khamis v State Government of Negeri Sembilan [2015] 3 MLJ 513, 529.

[82] Federal Constitution (Malaysia) art 4(1).

[83] Environmental Quality Act 1974 (Act 127) (Malaysia) s 3.

[84] Federal Constitution (Malaysia) art 74, art 80(1) and the Ninth Schedule.