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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