Environmental Law in Malaysia

GMUL 5063

CONTENTS

RELATIONSHIP

Leopold’s Land Ethics –“if man wants to survive and to preserve other species he

has to change his own behaviour, get rid of the pretension to be the king of

nature and cultivate new habits that help to care for the natural environment”

THEORY

•Human interaction with nature and earth and the impact of his activities•Moral need to consider regulations with respect to nature•One’s right to live is the same as the other members of the Earth: soil, water, plants and animals•Stresses the priority of human values: nature as unique and integral on a planetary scale and the preservation of nature is a common task and care for all humankind

THEORIES OF ENVIRONMENTAL ETHICS

THEORIES - TAKEAWAYS

EVOLUTION OF ENVIRONMENTAL POLLUTION

Environmental pollution

Ecological Crisis

Globalised Impact

Rapid industrialisation in 1950s to 1970s

EVOLUTION OF ENVIRONMENTAL POLLUTION

EVOLUTION OF ENVIRONMENTAL POLLUTION

GLOBAL REQUIREMENT

LEGAL FRAMEWORK – Before 1974

LEGAL FRAMEWORK – Before 1974 (con’t)

LEGAL FRAMEWORK – Before 1974 (con’t)

ENVIRONMENTAL QUALITY ACT 1974

ENVIRONMENTAL QUALITY ACT 1974

POLICY FRAMEWORK

•The various national policies and international development impacts environmental management policies and regulations •2002 – National Policy on Environment to provide policy framework towards coordinated environmental management efforts

ENVIRONMENTAL QUALITY ACT 1974

Governed by 35 regulations to regulate specific activities and impact

onto the environment

ELEMENTS COVERED UNDER EQA 1974

EXAMPLES OF REGULATIONS UNDER EQA 1974

REGULATIONS UNDER EQA1974 (related to EIA)

REGULATORY FRAMEWORK

PENALTY

Alterations of licensed equipment

Alterations of vehicles, ship or premise to become prescribed conveyances or premises

Contravention of monitoring conditions

Failure to comply with conditions of license

Failure to hold a license for prescribed premises

LICENSING REQUIREMENT

COMPOUNDING OF OFFENCES

ENFORCEMENT CONCEPT

APPEAL

APPEAL BOARD

OTHER FEATURES OF EQA 1974

APPOINTMENT OF DIRECTOR GENERAL

This led to the formation of the Department of Environment as the

enforcement agency of EQA 1974

DEPARTMENT OF ENVIRONMENT

DEPARTMENT OF ENVIRONMENT

DEPARTMENT OF ENVIRONMENT

LEGAL REQUIREMENT OF EIA

EIA COVERAGE

PRESCRIBED ACTIVITIES

Ports

Fisheries

Land reclamationPrescribedActivities

Railways

Transportation

Water Supply Housing

Mining

Drainage & Irrigation

Power Generation & Transmission

Quarries

Infrastructure

Waste Treatment & Disposal

Petroleum

Airport

Agriculture

Forestry

Industry

Resort & Recreational Development

PENALTY

CONTENTS OF EIA

SCOPE OF EIA

EIA PROCESS

POST EIA COMPLIANCE

EIA CYCLE

APPLICATION ISSUES (1)

APPLICATION ISSUES (2)

CASE LAW EIA : FEDERAL VS STATE LAW

CASE LAW EIA : FEDERAL VS STATE LAW

CASE LAW EIA : FEDERAL VS STATE LAW

CASE LAW EIA : LOCUS STANDI

CASE LAW EIA : LOCUS STANDI

CASE LAW EIA : CONTRAVENTION LICENSE

CASE LAW EIA : CONTRAVENTION LICENSE

CASE LAW EIA : CONTRAVENTION LICENSE

CASE LAW : HAZARDOUS WASTE (1)

CASE LAW : HAZARDOUS WASTE (2)

CASE LAW : HAZARDOUS WASTE (3)

THANK YOU

1. The Place of Ecological Ethics in Culture – Celovas Kalenda

2. Earthdance : Living System in Evolution – Elisabeth Sahtouris

3. Environmental Problems and ecological Ethics – Wang Miaoyang

4. Environmental Quality Act 1974

5. Challenges in Implementing and Enforcing Environmental Protection Measures in Malaysia – Ainul Jaria Maidin

6. Protecting Indigenous Communities in Malaysia – Sahabat Alam Malaysia

7. Preliminary Assessment of Malaysia’s Environmental Law – Alan KJ, Faculty of Law, National University of Singapore

8. Environmental Impact Assessment – Propane Dehydrogenation Project, MTBE Malaysia Sdn Bhd

CASE LAW : LOCUS STANDI

LOCUS STANDI - COMPARISON

LOCUS STANDI - COMPARISON

LOCUS STANDI - COMPARISON

LOCUS STANDI - COMPARISON