----.------ --LEGAL AND INSTITUTIONAL-~TUDIES

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ASSOCIATE PROFESSOR DATO'-NIK ABDUL RASHIDASSOCIATE PROFESSOR WAN ARFAH HAMZAH

MISS CHEE YOKE LINGMRS MARY GEORGE

FACULTY OF lAWUNIVERSITY OF MAlAYA

ASSOCIATE PROFESSOR DATO' NIK ABDUL RASHIDASSOCIATE PROFESSOR WAN ARFAH HAMZAH

MISS CHEE YOKE LINGMRS MARY GEORGE

FACULTY OF LAWUNIVERSITY OF MALAYA

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The primary objective of Task 4l0-M is to strengthen the legaland institutional capability of the government to develop therenewable coastal resources of South Johor on a sustainable

management which, in particular, will identify theconstraints towards effective management;

institutional framework - in the light of programmesundertaken in ~ountries which have a track record ofcoastal resources management .-----,

The detailed task proposal is contained in Schedule A to thisreport.

Identificationinvestigation.

c) Identification of their legal powers and resourcesavailable to carry out their legal powers;

,d) Problems relating to jurisdiction of these bodies:

i) Conflict of jurisdiction (in particular,between federal and state bodies), if any;

iii) Possible lacunae, or grey areas, in the law -where jurisdiction does not, or does not appearto, vest in any body;

e) Identification and analysis of the "users" ofresource rights who are dependent on the coastalresources of South Johor;

f) Identification of international law aspects, if any,that may have a bearing on the coastal resourcesmanagement in South Johor.

The

follows:

a) Associate Professor Dato' Nik Abdul Rashid- all issues pertaining to Constitutional, Land andNatural Resources Law;

b) Associate Professor Wan Arfah Hamzah- all issues pertaining to International law;

Miss Chee Yoke Lingall issues pertaining

Consumer Layl;

d) Mrs Mary George- miscellaneous matters.

A list of legislation and subsidiary legislation bothfederal and state relevant to coastal resources managementin South Johor is being compiled. The relevant legislationand subsidiary legislation or relevant parts thereof arexeroxed for inclusion in the final report of the LegalResearch Team. A list of such legislation and subsidiarylegislation compiled to date is appended as Schedule B to thisreport.

legal literature (books/articles/seminarsubject under investigation is alsopapers) relevant to the

being compiled.

2. To conduct a field trip to South Johor to collectnecessary data, in particular:

existing governmental arrangementscoastal resources management;the resources of state and local bodies-~for such management;institutional perspectivesissues.

Such field trip(s) is scheduled for the mid-semesterbreak (21.8.88 28.8.88) and/or inter-semester break(24.10.88 - 19.11.88).

The objective is to strengthen the legal and institutionalcapability of the government to develop the renewable coastalresources of South Johore on a sustainable basis. The productsof the task will be:

(1) to identify the existing legal and institutional frameworkfor coastal resources management and to recommendnecessary revisions and necessary regulations andprocedures for effective management;

(2) to formulate and develop administrative procedures forinteragency coordination;

(3) to improve and develop interagency programmes foreffective enforcement;

(4) to prepare a final draft which will be based on thefindings of the other research task groups with regards to:

developing planning guidelines and standardsdevelopment projects affecting coastal resources;

developingprogrammes;

(5) to formulate education programmes so as to create greaterpublic awareness of coastal resources management;

(6) summary compilation of the legal and institutional regimesand a report characterizing all the government and non-governmental entities, their legal mandates and resourcesavailable;

(7) to recommend a working committee at the state level tobegin project management.

A detailed survey of the existing legal and institutionalauthorities and the various arrangements (legal or otherwise)pertaining to coastal resource ownership and use rights ofthese resources in the South Johore study area. Photocopies-----will be made of appropriate le-gisla-!:~ve acts relevant to the

"- subject for appending to the report. A review of previousstudies in the South Johore region will be made and a compu-

professionalorganizations

who are employed in theresponsibilities affect the

agencies andSouth Johore

coastal resources systems, trends in recent budgets and theorganizations perspectives on their roles and future trends.

regulations affecting development in the coastal areas and theconstraints faced towards effective management especially atlocal level. The study should start at the state level to getan overall picture and then move down to local level takingeach coastal district/town/municipal as a sample to research

constantly with the other study teams to look at the impacts ofdevelopment on the coastal resources in order to identify the

With regards to aspects of international law which have abearing on the South Johore coastal resources management, a

international law and agreements vis-a-vis the Straits ofMalacca and the Johore Straits. The regime with regards toislands will also be included. Issues include questions ofjurisdiction and responsibility for water pollution, coastalerosion and sedimentation as well as responsibility for thenegative environmental impact on the causeway.

The rights of users of coastal resources will be examined.These include traditional fishermen, commercial trawlers andexisting small-scale aquaculture. The impact of large-scale,capital inte~sive aquaculture projects on existing users willbe studied.

Once the constraints have been identified, part two of the taskwould be to recommend revisions to institutional and legalstructures and procedures, formulate regulations procedures andguidelines, develop---syatematic__ monitoring : and evaluationprogramme& and recommend the introduction of education

, programmes into the institutional functions. The findings ofthe other research task groups will be incorporated andreferred to where necessary.

An attempt must be made to study the existing legal andinstitutional organizatio~s and programmes in countries whichhave a track record of coastal zone management, especially inthe United States.

3. Antiquities and TreasureTrove Ordinance, 1957

4. Atomic Energy LicensingAct

6. Destruction of DiseaseBearing Insects Act

10. Emergency (TerritorialWaters) Ordinance, 1969

11. Exclusive Economic Zone Act,1984

12. Factories and MachineryAct, 1967

13. Fisheries Act

14. Geological Survey Act, 197/+

15. Highway Authority Malaysia(Incorporation) Act

16. Investment Incentives Act

20. Lembaga Kemajuan IkanMalaysia Act

21. Lembaga Kemajuan JohorTenggara Act

23. Malaysian Forestry (R & D)Board Act

27. Palm Oil Registration andLicensing Authority Act

28. Perbadanan Pembangunan BandarAct

29. Pesticides Act

30. Petroleum Ordinance, 1949

3l. Petroleum Mining Act, 1966

32. Petroleum (Safety Measures)Act, 1984

33. Pineapple IndustryOrdinance, 1957

35. Protection of Wildlife (Act 76)Act, 1972

36. Radioactive Substances (Act 17/1968)Act, 1968

'--38. Street, Drainage and (Act 133)Building Act, 1974

39. Town and Country Planning (Act 172)Act, 1976

40. Wood based Industries (Act 314)Act, 1984

41. International Regulations (Act 15/1966)for Safety of Life at Seaand Preventing Collisionsat Sea, 1966

2. Land Conservation Act(Adoption) Enactment, 1960

3. Malay Reservations Enactment,1936

6. National Forestry (Adoption)Enactment, 1985

7. Naval Base Waters (Johore)Enactment

" 11. Sultanate Lands Enactment

12. Water Enactment

13. Wood based IndustriesEnactment, 1986

14. State Park Enactment, 1986

15. Tmvn Boards Enactment

(Enactment No. 35)

(Enactment No. 5/1975)

(Enactment No. 46)

(Enactment No. 146)

(Enactment No. 66)

(Enactment No 3/1986)

JOHORE SUBSIDIARY LEGISLATION

l. Fisheries Enactment (JPU 1/85)

2. Fisheries Enactment (JPU 2/85)

3. Local Government (Disposal (JPU 71/1975)of Rubbish) Enactment