KUALA LUMPUR (Dec 2): Malaysia has begun implementing its newly amended nuclear regulatory framework with the phased enforcement of the Atomic Energy Licensing Act (Amendment) 2025, which took effect on Dec 1, 2025. 

The new amendment legislation comes at a time when the country is in the midst of enhancing the national safeguards over atomic energy activities as it evaluates nuclear power as a potential component of its future energy mix to achieve net zero emissions by 2050. 

The Ministry of Science, Technology and Innovation (Mosti) said in a statement on Tuesday that the amended Act will be enforced in stages, as several provisions — including those concerning permit operations, financial security requirements for licensees, the creation of a Radioactive Waste Fund, and the compounding of offences — can only take effect after the related relevant regulations are finalised.

Following the amendment of the Act, a licence is now required for all activity involving atomic energy. 

This includes the possession or use of radioactive materials, the handling of nuclear materials, the operation of radiation generators, the management of radioactive waste and the construction, operation or decommissioning of nuclear-related facilities. 

The amendment also reiterates that radiation generators may only be used for the specific purpose stated in the licence issued to the operator.

A major addition to the law is the introduction of a permit system for cross-border activities under Section 12A of the amended law. 

It specifically stipulates that no person may import, export, tranship or bring in transit any radioactive material, nuclear material, nuclear-related item or nuclear-related technology without a valid permit issued by the director general of the Department of Atomic Energy. 

Anyone who violates this requirement commits an offence and may, upon conviction, face imprisonment of up to 10 years, a fine of up to RM500,000, or both.

The amended Act also tightens regulatory requirements governing the decommissioning, disposal, recycling and reuse of radioactive materials and nuclear-related facilities. Licensees must now submit decommissioning plans and follow approved dismantling and waste-management procedures, ensuring that materials posing radiological risks are monitored and controlled throughout their lifecycle.

In terms of enforcement, the amendment introduces Section 41D, which criminalises the misuse of radioactive or nuclear material when such misuse is intended to cause death, serious injury or significant damage to property or the environment. 

The director general is additionally empowered to set liability limits for nuclear incidents, with the amendment prescribing a minimum liability threshold of RM12 million, though higher limits may be imposed depending on the risk level associated with a facility or activity.

Mosti also said in the same statement that the amended Act broadens the scope of the original Atomic Energy Licensing Act 1984 (Act 304) by strengthening oversight and embedding international standards for nuclear safety, nuclear security and safeguards. The revised law also enhances protections for workers, the public and the environment from the potential risks associated with radioactive and nuclear materials.

The ministry added that the expanded legislation forms part of Malaysia’s preparations to meet international nuclear obligations, particularly as the government considers signing and ratifying additional global instruments covering the peaceful use, safety and regulation of atomic energy.

Parliament passed the Atomic Energy Licensing (Amendment) Bill 2025 during the second meeting of the fourth session of the 15th Parliament, after it was tabled by Mosti Minister Chang Lih Kang on Sept 8, 2025. 

The Bill received royal assent from the Yang di-Pertuan Agong, Sultan Ibrahim Sultan Iskandar, on Nov 20, 2025, and was gazetted on Nov 28, 2025, officially becoming Act A1779.