Environment for QS

8/10/2019 Environment for QS

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Environmental law and sustainable

development in Malaysia

Dr Nor Asiah Mohamad


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Sustainable development is an organizing

principle for human life on a finite planet. It

posits a desirable future state for human

societies in which living conditions and

resource-use meet human needs without

undermining the sustainability of natural

systems and the environment, so that futuregenerations may also have their needs met.


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UNITED Nation Declaration

The United Nations Millennium Declarationidentified principles and treaties on sustainabledevelopment, including economic development,social development and environmental

protection. The Circles of Sustainability approach

distinguishes the four domains of economic,ecological, political and cultural sustainability.

This in accord with the United Nations Agenda21, which specify's culture as the fourth domainof sustainable development.[8]


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Preventive measures were only seen after the

introduction of Local Agenda 21 now

implemented in most districts in Peninsula

Malaysia.


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SUSTAINABLE DEVELOPMENT

Sustainable development has always been given specialconsideration in Malaysiasnational development policies.

The commitment towards sustainable development isclearly put in its Second Outline Plan (1991-2000) as

follows; ...to ensure that in the pursuit of economicdevelopment, adequate attention will be given to theprotection of the environment and ecology so as tomaintain the long term sustainability of the countrysdevelopment...

Third Outline Plan (2001-2010) reiterate that growthobjectives will continue to be balanced with environmentalconsideration and stress on the importance to reduce energy,materials, pollution, and waste intensity of urban-industrialactivities.


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Laws dealing with environment

Government of Malaysia has passed some importantenvironmental laws and policies

i. Environment Quality Act 1974 and its Regulations 1989,the Environmental Quality Order 1989, the Protection of

Wildlife Act, the National Forestry Act 1984, the FisheriesAct 1985, the National Parks Act 1980, the InternationalEnvironmental Laws etc. Land Conservation Act 1950,Water Act 1920, Water Services Industry Act 2005

The Civil Law Act 1972, the Principles of the English Laws,

the Federal Law, Shariah Laws, the Adat Temenggung(Malay Customary Laws) with some internationalenvironmental obligations etc; have also beenimplemented in order to attain sustainable environmentand development in the country.


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Issue: sustainable management Sustainable management takes the concepts from

sustainability and synthesizes them with the concepts ofmanagement.

Sustainability has three branches: the environment, the needs

of present and future generations, and the economy. Using

these branches, it creates the ability to keep a system running

indefinitely without depleting resources, maintaining

economic viability, and also nourishing the needs of the

present and future generations.

From this definition, sustainable management has been

created to be defined as the application of sustainable

practices in the categories of businesses, agriculture, society,

environment, and personal life by managing them in a way

that will benefit current generations and future generations.

h i f i bl


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The importance of sustainble

management

Communities are in a need of sustainable management,because if the community is to prosper, then themanagement must be sustainable.

Forest and natural resources need to have sustainablemanagement if they are to be able to be continually usedby our generation and future generations.

Ourlives also need to be managed sustainably - bymaking decisions that will help sustain our immediatesurroundings and environment, or it can be by managing

our emotional and physical well-being.

Sustainable management can be applied to many things,as it can be applied as a literal and an abstract concept.Meaning, depending on what they are applied to the

meaning of what it is can change.


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There is allegation that colonial Malaysian environmentalstatutes were passed out of the need to 'promote soundhousekeeping practices' rather than being developed asenvironmental law per se and this saw the passing of theWater Enactments 1920, the Federated Malay States'

Forest Enactment 1934, the Merchant Shipping Ordinance1952, the Land Conservation Act 1960, the Fisheries Act1963 and the Factories and Machinery Act 1967.

Thereafter, particularly to control pollution and putnational environmental objectives in place, the

Environmental Quality Act 1974 ('the Act') was thereafterenacted, allowing the Federal Government to exercise itschecking powers over all states pertaining to theenvironment.


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EQA

Environmental Quality Act 1974 is under theDivision of Environment under the Ministry ofHousing and Local Government.

There are about 30 complementary legislationsrelating to specific issues of environmentalconcerns have been gazetted.

For e.g. : the Environmental Quality Regulations

(Control of Emissions from Diesel/ Petrol Engines)1996 was introduced due to the recurring hazeproblem in the cities


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Regulations were further enacted in this

pursuit such as the Environmental Quality

Control of Emissions from Motorcycles

Regulations 2003


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Water and water pollutionis the law

adequate..

When the water gets polluted the fingers are pointedat the authorities for their poor enforcement.

Malaysia already has laws to protect its waterresources namely the Environmental Quality Act 1974

(EQA) and the Water Services Industry Act 2006(WSIA). The provisions under both laws empower the

Department of Environment (DOE) and the NationalWater Services Commission (SPAN) to recover costsfrom polluters, order the polluters to clean up, and

under WSIA offenders can be fined betweenRM100,000 and RM500,000 based on the gravity oftheir offence.


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The responsibility for overall governance of the environmenttowards sustainable development does not fall on theDepartment of Environment alone.

It is shouldered upon by various other ministries anddepartments.

The Town and Country Planning Department of the Ministryof Housing and Local Government for instance has a role toconduct and co-ordinate research in town and countryplanning matters.

The local planning authority shall be established for the areaof the local authority to regulate, control and plan thedevelopment and use of all lands and buildings within its area.

Rather recently the Department has produced the NationalUrbanisation Policy 2006.


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Sustainable Development

Re..sustainable development on adecadal timeframe and theprimary role of green technologyin

the transition to the greeneconomy. It provides Guidingphilosophy, Institutionalframework, laws, policies,


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Implementation agencies, resources andtechnical competence and prowess

Community

(business and industry;

NGO, CSO)

support and participation

Greentechnologydevelopment asadriver of green growth

Longterm commitment, political will, peac andstability

Documents

Environment for QS