Environmental Law In Malaysia
Content
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CONTENTS Theory Environmentalethics EvolutionofEnvironmentalollution egal ramework efore
EnvironmentalQualityAct
RegulationsunderEQA Regulatory ramework Penalty DeartmentofEnvironment
EnvironmentalImactAssessment
Requirement,scoe,rocess Penalty PostEIAComlianceand onitoring Targets
Alication Issues Caseaws
Theory EnvironmentalQualityAct EnvironmentalImact Assessment Alication
REATIONSHIP E rt
N ture
Hum n
eoold¶s nd Et ics if mn wnts to survive nd to reserve ot er secies e s to c nge is own e viour, get rid of t e retension to e t e king of nture nd cultivte new its t t el to cre for t e nturl environment´
THEORY
Peole
Nature
Activities Behavior
Imact Resonds Ecological Ethics
Human interaction with nature and earth and the imact of his activities oral need to consider regulations with resect to nature One¶s right to live is the same as the other mem ers of the Earth: soil, water, lants and animals Stresses the riority of human values: nature as unique and integral on a lanetary scale and the reservation of nature is a common task and care for all humankind
THEORIESO ENVIRON ENTAETHICS eoold
KennethE.moodaster romEgoismto Environmentalism
It is not sufficient to consider only the interests of humankind and take no care of ecological equili rium; rather a new and more alanced ethics must e uilt. Any ehavior favora le to keeing the integrity and sta ility of flora and fauna is right and good, otherwise it is wrong and evil.
Environmental ro lem is a huge crisis for the 2 st century. Emhasized that humankind must change its attitude from egoism and chauvinism towards nature and survive
The natural world as an interdeendent system in which humans are mem ers of the earth¶s life community. Prof.PaulTaylorofPrinceton As every living entity as unique and cannot e relaced, therefore we must resect niversity nature, resect life.
Schweizer
AncientChinesehilosohy
There should exist a moral standard etween man and nature, without this elementary ethical rincile no adequate ethics can e formed. all life is the great creation of nature and should e resected with great care The relation etween man and nature should e a close and mutually areciative as with an organism.
"Dao (Buddha) is resent everywhere. Everywhere on earth, e it large or small, whether alike or lifeless, has a reason for existence. Therefore we should resect to life and nature and everything on earth should e treated equally´
THEORIES- TAKEAWAYS Human, Earth and Nature make u an organic system of interdeendence, or one world or commonwealth. ankind is a mem er of the earth¶s life of community, e ressed as a glo al village. According to an old Chinese saying, the mem ers of a community should cross a river in the same oat, meaning that eole in the same community should hel each other.
an and nature should constitute a artnershi in which each deends on the other, hels each other, not a relation of conqueror and conquered or master and slave
Natural things do not e ist for man, ut have their own internal o ective. Humans must not su stitute their own o ectives for those of nature, ut must resect nature, resect life.
It is necessary to overcome the idea of human egoism and to advocate that everything on earth is equal and in harmony.
EVOTIONO ENVIRON ENTAPOTION
1980s l al I act 19 scal i act sEc r c str cti
ic
1990s i t A arss
Rlat ractics tars sstaiabl vlt
YVOTIONO YNVIRON YNTAPOTION Y irtl llti R iistrilistii st s
Yclicl risis
GlblisI ct
EVOTIONO ENVIRON ENTAPOTION
International symosium (onthe environment) Italian Academy
irst international symosium on the ecological crisis Discussed the resent environmental situation Attended y secialists from countries of Asia and the West ormed the Clu of Rome joined y scholars from over countries to assess the environmental ollution imact onto the world
mOBAREQIRE ENT
DeclarationofthenitedNations ConferenceonHumanEnvironment, Stockholm 2 Recognised the need to adot measures for the rotection of environment µEnvironment¶ includes the totality of nature and natural resources, including the cultural heritage and the man-made infrastructure to facilitate the develoment of socio-economic activities
Theory EnvironmentalQualityAct EnvironmentalImact Assessment Alication
EmA RA EWORK Before Water Enactment 2(Act )
Tocontrolandrohi itdisrutionofrivers,soasnotto interferewiththesmoothflowofwater Restrictionofdischargesofsecificsu stancesintothe riverwhichmight edetrimentaltothe eneficialuseof theriverwatersthroughoutPeninsular alaysia
orest Esta lishmentofforestreservesandcontrolinlogging activities EnactmentAct Ca Controlinloggingactivities
andand Conservation Act
Aimedatconservinghilllandandtherotectionofsoil fromerosionandinroadsofsilt Prohi itslantingofshort-termcrosonanyhillland
EmA RA EWORK Before (con¶t) iningAct
Controlsdischargesfromminingactivities
Poisons Ordinance 2
RegulatesuseofTo icsu stances
erchant Shiing Ordinance
movernsmarineollution yvessels
EmA RA EWORK Before (con¶t)
Issues na le to cur soaring environmental ro lems due to raid advancement of modern industries and technologies E isting legislations was not to address environmental concerns ut mainly on other secific activities argely sectoral in focusing secific areas and activities
ENVIRON ENTAQAITYACT
mezetted on arch An Act relating to the revention, a atement, control of ollution and enhancement of the environment, and for the uroses connected therewith
ENVIRON ENTAQAITYACT EnvironmentalQuality(Amendment)Act 8 ActA
an 8
EnvironmentalQuality(Amendment)Act
ActA
August
EnvironmentalQuality(Amendment)Act
8 Act
2 August2
EnvironmentalQuality(Amendment)Act2
ActA 2
28 une2 , uly2
EnvironmentalQuality(Amendment)Act2 ActA August2
POICY RA EWORK
Vision22
BaselConvention ( ovementof HazardousWaste Disosal)
National Develoment Plan
Conventionof ClimateChange andBiodiversity Environmental olicies
The various national olicies and international develoment imacts environmental management olicies and regulations 22 National Policy on Environment to rovide olicy framework towards coordinated environmental management efforts
ENVIRON ENTAQAITYACT
EQA (Act 2)
Part :Preliminary PartII:Administration PartIII:icenses PartIV:Prohi itionandControlof Pollution PartIVA:ControlofScheduled Wastes PartV:AealandAealBoard PartVA:PaymentofCess and Environmental und PartVI: iscellaneous
moverned y regulations to regulate secific activities and imact onto the environment
EE ENTSCOVEREDNDEREQA
Noise
Water
Industrial wastes
Air EQA
EXA PESO REmATIONSNDEREQA Environmental Quality (icensing) Regulations
Environmental Quality (Control of Emissions from Petrol Engines) Regulations
Environmental Quality (Delegation of Powers) (Investigation of Oen Burning) Order 2
Environmental Quality (Declared Activities) (Oen Burning) Order 2
Environmental Quality (Aeal Board) Regulations 2
REmATIONSNDEREQA (relatedtoEIA) Environmental Quality (Clean Air ) Regulations Environmental Quality (Sewage and Industrial Effluents) Regulations Environmental Quality (Prescri ed Activities) (Environmental Imact Assessment) Order Environmental Quality (Scheduled Wastes) Regulations Environmental Quality (Prescri ed Premises) (Scheduled Wastes Treatment and Disosal acilities) Order
Environmental Quality (Prescri ed Premises) (Scheduled Wastes Treatment and Disosal acilities) Regulations
REmATORY RA EWORK Director meneralof DOE
mrant, renew, transfer, revoke licenses Issuanceof licenses with conditions Director meneralof DOE
inistrywith advisefrom Environment Council
Regulate rescri ed remises
Assessment ofactivities Director meneralof DOE
PENATY
ilrthllicsfrprscri priss ilrtcplywithcitisflics Ctrvtifitrigcitis Altrtisflics!ipt Altrtisfvhicls,shiprprist c prscri cvycsrpriss
ICENSINmREQIRE ENT
S. (2)ofEQA Any holder of a license who contravenes su section ( ) shall e guilty of an offence and shall e lia le to a fine not e ceeding twenty-five thousand ringgit or to imrisonment for a eriod of not e ceeding two years or to oth, and to a further fine of one thousand ringgit for every day that the offence is continued after a notice y the Director meneral requiring him to comly with such term or condition secified therein has een served uon him
CO PONDINmO O ENCES S.ofEQA ( )The Director meneral or any Deuty Director meneral, or any other u lic officer or any local authority to whom the Director meneral has delegated such ower in writing, may comound any offence under this Act or the regulations made thereunder which is rescri ed y the inister to e a comounda le offence y acceting from the erson reasona ly susected of having committed the offence a sum of money not e ceeding two thousand ringgit (2) The inister may make rules to rescri e the method and rocedure for comounding such offences
EN ORCE ENTCONCEPT
Preventionis etter thancure Cradletograve
Assessment
Alication oficense Basedonrequirement Shallnotlikelycause adverseimacttothe environment
onitoringcomliance Audits,checks
Enforcement
Comound Basedone tentof non-conformanceor damage Includesmakinggood ofthesituation
APPEA S.ofEQA ( )A" prso #o is ri b": . fsl to rt lics or trsfr lics b. T# ipositio of " coitio, liittio or rstrictio o #is lics c. T# r octio, sspsio or ritio of #is lics . T# ot #ic# # ol b r!ir to p" r sctio . A" cisio of t# $irctor Grl r sbsctio )) or () of sctio A, f. A" cisio of t# $irctor Grl or " officr r sbsctio ( ) or () of sctio 8A " it#i sc# ti i sc# r s " b prscrib, ppl to t# Appl or
APPEABOARD EnvironmentalQuality(AealBoard)Regulations2 Regulation
Chairman DeutyChairman em ers em er
Power
Duration
Tohearaellantinersonorhisreresentatives Consideranyadditionalevidenceordocuments Toawardcostormakeorderinresecttotheaeal
Noticetoaeal- Withindaysofdateofdecisioncommunicatedtoaellant mroundsofaeal withindaysaftersu missionofnotice
OTHER EATRESO EQA DirectormeneraloftheDOE EnvironmentalQuality Council EnvironmentalQualityAudit Cess andEnvironmental und
APPOINT ENTO DIRECTORmENERA S( )EQA
There shall e a Director meneral of Environmental Quality who shall e aointed y the inister from amongst mem ers of the u lic service and whose owers, duties and functions shall e - «.
This led to the formation of the Deartment of Environment as the enforcement agency of EQA
DEPART ENTO ENVIRON ENT
DOEasEnforcementAgency Institutionalised in ain role is to revent, control and a ate ollution through the enforcement of the EQA, and its su sidiary legislations made thereunder The rincial agency entrusted to administer the EQA and its su sidiary legislations
DEPART ENTO ENVIRON ENT Aointment
Esta lished in , EQA state offices, 2 ranch offices inistry of Science, Technology and Environment (now know as mreen Technology and Water)
Scoe
ission - To ensure sustaina le develoment in the rocess of nation uilding Air, Noise, Water, arine, Hazardous su stances Cradle to grave concet source generator has to ensure the source does not have adverse imact onto the environment throughout its life
Roles and Resonsi ilities
Prevention, control and a atement of ollution through the enforcement of the Environmental Quality Act of and its su sidiary legislations
DEPART ENTO ENVIRON ENT
Environmental Quality Council
Esta lished on 2 Aril under Section ( )of the Environmental Quality Act, Advise the inistry on matters ertaining to the Act Provides olicy guidance to the DOE the formulation of olicies and strategies towards a more holistic aroach to environmental management
Environment Institute of alaysia (Ei AS)
Assist in raising the level of u lic awareness on the imortance of environmental conservation efforts Trainings for Policies, Tools and develoment Provides certification for cometent Environment ractitioner Provides training for certification
Theory EnvironmentQualityAct EnvironmentalImact Assessment Alication
EmAREQIRE ENTO EIA S.A(2)ofEQA(Amendment)Act mazettement ofEnvironmentalQuality (Prescri edActivities,EIA)Order Any erson intending to carry out any of the rescri ed activity shall, efore any aroval for the carrying out of such activity is granted y the relevant aroving authority, su mit a reort to the Director meneral. The reort shall contain an Ô Ô of such activity will have or is likely to have on the environment and the roosed measures that shall e undertaken to revent, reduce or control the adverse imact on the environment
EIACOVERAmE Environmental Quality Act Prescri ed Activities (Environmental Imact Assessment) Order, Prescri ed Activities as listed in the Schedule E cetions irst Schedule of the Conservation of Environment (Prescri ed Activities) Order
u lished under the Second Sulementary of the Sa ah movernment mazette on the August
irst Schedule of the Natural Resources and Environment (Prescri ed Activities) Order
u lished under Part II of the Sarawak movernment mazette on the August
Preliminary or Detailed EIA E tent of Project significance of imact
PRESCRIBEDACTIVITIES Industry Infrastructure
Agriculture
Quarries
Airort
Railways Transortation Petroleum WaterSuly
isheries
Prescri ed Activities
Ports WasteTreatment Disosal Resort RecreationalDeveloment
orestry andreclamation Housing ining
Drainage Irrigation Powermeneration Transmission
PENATY
S.A( )ofEQAAct A" prso #o cotr s t#is sctio s#ll b ilt" of offc s#ll b libl to fi ot xci fi "rs or bot# to frt#r fi o t#os riit for r" " t#t t# offc is coti ftr otic b" t# $irctor Grl r!iri #i to copl" it# t# ct spcifi t#ri #s b sr po #i
CONTENTSO EIA Project information ackground, initiator, statement of need Project descrition rocess flow descrition, design asis, sources of effluent, air and noise emissions, treatment
Condition of e isting environment hysical and iological systems
Potential Imacts and itigating Commissioning, Oerations Environmental
easures during Construction,
anagement System
Simulation model on otential imact of activities to the e isting environment
SCOPEO EIA Socio Economic Environment
Community
EIA Assessment
EIAPROCESS
Project roosal Natureof roject
Alication
Assessment Shortandlong termimacts Socio economics
Review Presentation Deli eration
Su mission
Aroval Aroval Conditions onitoring
POSTEIACO PIANCE onthly rogress reorts Analysis results of Effluent (Water), Air, Noise arameters Comliance to EIA Aroval Conditions and muidelines y the DOE Remedial actions for non-comliances Checks / Visits y DOE Officers Scheduled and unscheduled
iason officer Aointed comany reresentative for liason with the DOE Ensure all requirement under EIA aroval conditions and EQA are strictly adhered to
EIACYCE
Assessment
Sustaining
onitoring
Identification ofimact
Corrective and mitigating actions
Theory EnvironmentalQualityAct EnvironmentalImact Assessment Alication
APPICATIONISSES( )
Issues A sence of any rovision for coordination etween organisation and individuals for enforcement ragmented and disjointed nature of legal framework state often address issues on an ad-hoc nature rather than on long-term aroach Colonial influence of ma imising e loitation of natural resources. Inhi its concerted environmental olicy develoments at the federal and state level
APPICATIONISSES(2) Isss Ovrlaing fnctions twn Environmntal and Planning agncis Th DOE is rsonsi l for indstrial olltion control, howvr othr natral rsorcs ar ndr th jrisdiction of othr ministris or rglating odis with sarat sts of rglations. Each ministry romots dvlomnt within thir own ministry withot ror coordination with nvironmntal managmnt DOE rcommndation to rmit or rfs a dvlomnt can ignord y th Stat Planning Committ Stat Planning Committ may disrgard th rcommndation for ross of Economic dvlomnt
CASEAWEIA: EDERAVSSTATEAW Kajing Tu ek
Orsvs Ekran Bhd Ors(
)2 .. .
Tahu ujah, , Saran Emu, , and Kajing Tu ek, , had wanted EIA reorts to e made availa le to them for their views Disute whether the Bakun Hydroelectric Dam (Bakun Dam) is to e considered under the EQA which is a ederal environmental legislation or to e governed y the Sarawak State aw, Natural Resources Ordinance The inister of Science, Technology and Environment ( OSTE) e cluded the alication of the ederal EIA requirements in relation to the construction of dams in the State of Sarawak (
Amendment Order)
CASEAWEIA: EDERAVSSTATEAW Kajing Tu ek
Orsvs Ekran Bhd Ors(
)2 .. .
Decision : The EQA was enacted to e alica le to the entire nation. Su sidiary legislation was ermitted to give full effect to the EQA. nder the guidelines rescri ed y the roject roonent « it cannot e made without some form of u lic articiation « or this is a right vested with the laintiffs «« The High Court's judgment invalidated the Environmental Quality (Prescri ed Activities) (Environmental Imact Assessment) Amendment Order of
and ordered the roject develoer to comly with the Environmental Quality Act of efore roceeding with the construction of the dam. The
amendment order was deemed invalid ecause of its retroactive alication which removed rights that had already accrued to the laintiffs under the Environmental Quality Act of , namely the right to u lic articiation in the environmental imact assessment rocess of the dam.
CASEAWEIA: EDERAVSSTATEAW Kajing Tu ek
Orsvs Ekran Bhd Ors(
)2 .. .
Note: The Bakun EIA was aroved amidst much controversy in
when it was discovered that the ederal Environmental Quality Act (EQA) was retrosectively amended to allow the authority of the EIA aroval for certain rojects in Sarawak to e transferred to the Natural Resources and Environment Board (NREB) which is su ject to the Sarawak Natural Resources and Environment Ordinance
(SNREO).
CASEAWEIA:OCSSTANDI Ketua Pengarah a atan Alam Sekitar vKajing Tu ek [
% 2 Aeal to challenge High Court¶s decision Decision : e ruary
the Court of Aeal, ruled to allow their aeal . The Sarawak Ordinance co-e ists with the EQA, each oerating within its own shere ased on the constitutional authority of the State of Sarawak to regulate y legislation those comonents of the environment that fall within its domain. The udge concluded that µ[in% my judgment, Parliament, when it assed the EQA, did not intend, and could not have intended, to regulate so much of the environment as falls within the legislative jurisdiction of Sarawak.¶ (Court of Aeal udgment). He agreed with the su mission of the Senior Counsel that the Amendment Order was made µnot for the urose of cutting the ground from under the feet of the resondents as suggested y their Counsel, ut for the urose of making it a undantly clear to all concerned that the order was not, for constitutional reasons, meant to aly to Sarawak.
CASEAWEIA:OCSSTANDI Ketua Pengarah a atan Alam Sekitar vKajing Tu ek [
% 2
2. In articular he (the udge of High Court) did not have sufficient regard for u lic interest. Additionally he did not consider the interests of justice from the oint of view of oth the aellants and resondents´ The Court of Aeal, in a stunning reversal of the High Court, held that the Defendants had no locus standi ecause they had suffered no secial injury over and a ove the injury common to others. Note : ocus standi µlace of standing¶ that is a lace to stand in court or a right to aear in a court of justice on a given question
CASEAWEIA:CONTRAVENTIONICENSE amEngRu er actory( )Sdn Bhd vs DirectorofEnvironment,Kedah Perlis [2%2All alaysianReort(A R)
The aellant oerates a ru er factory in Sungai Petani, Kedah. The factory has een in oeration since . Each year the aellant alied for and o tained a license from the local authority. In , the Environmental Quality Act ("the EQA") came into force. Aellant had to o tain a license from the Deartment of the Environment, Kedah, which the aellant did so. However, aellants¶ alication for
license was not aroved. Aellant aealed to the Aeal Board S () ut was not heard. The DOE refused to issue the license Aellant went to the High Court to quash the decision of the DOE¶s refusal to issue the license 2 e ruary
aellant lost since the aellant had no license for the year
, ut yet they had carried on their factory illegally and had no legitimate e ectation to have a license for
.
C,'YM,WYI,:CONT&,VYNTIONMICYN'Y MY&bbr ctr"(M)' (# s $irctrfY irt,)# *rlis [ 005%+,M& 1
(r#t t# cs t ,l (r fr: 1st rst t csir t rt t# lics + rstt#rt#csflfr t#lics ,llt M Y &bbr First &st $irctr mrl f t# $OY 'c &st ,l (r $cisi ,l rt
CASEAWEIA:CONTRAVENTIONICENSE amEngRu er actory( )Sdn Bhd vs DirectorofEnvironment,Kedah Perlis [2%2A R
udgement The first resondent, as I have said, had no jurisdiction whatsoever to deal with the aellant's aeal. His act was ` (in violation) the EQA. We therefore allowed the aeal with costs here and elow and remitted the aeal to the Aeal Board aointed under s of the EQA to hear and disose of the aeal in accordance with law. The orders of the High Court were set aside. The deosit was ordered to e refunded to the aellant.´ In the event, other matters that had een su mitted on in the aeal efore us, which turned on the question whether it is correct that, as the learned judge held, the aellants had no legitimate e ectation to a renewal of license ecause the aellants had not een issued a license for the revious eriod of Aril ,
to arch
and therefore there was no license to renew and also ecause in that eriod they had een oerating illegally since they had no license, and which included the question of who was at fault in the aellants' not eing a le to o tain a license for that eriod, «.
CASEAW:HAZARDOSWASTE( ) WoonTanKan(Deceased) Ors.vs AsianRareEarth Sdn Bhd [
2%C 22 Storin of Hazardos aterial at Bkit Merah. Asian Rare Earth (ARE) as fored to extract (an eleent in earth) fro onazit. The ain shareholders are Mitsbishi Cheical Indstries td (35%), Beh Minerals (35%), ebaa rsan dan Tabn Hai (2%) and soe local Biptera ( %). The copan" shall prodce radioactive aste throh the onazit processin. The aste shall belon to the *erak State as it is a potential sorce of nclear ener" sorce. *lant as in operations beinnin l" 82 to
*erak State located the aste storae at the *apan, k fro Ipoh. Strle of "ears (fro 8 to
) Deceber 8 Detected radiation level at ore than 8 ties peritted
CASEAW:HAZARDOSWASTE(2) WoonTanKan(Deceased) Ors.vs AsianRare EarthSdn Bhd [
2%C 22 The Paan community rotested and rought the case to Ioh High Court e ruary : residents filed summons to sto ARE from roducing, storing or ile radioactive waste within the vicinity of the area in line with the Atomic Energy icensing Act . Court roceedings in 2 months. Involved internal and e ternal atomic energy e erts uly
2 : Community wins case against ARE. High Court directs ARE oerations to sto in days.
CASEAW:HAZARDOSWASTE() WoonTanKan(Deceased) Ors.vs AsianRare EarthSdn Bhd [
2%C 22 ollow-us 2 uly
2 : ARE raised Aeal at the Sureme Court. 2 uly
2 : ollowing e -arte alication y ARE, Sureme Court udge held Ioh High Court¶s decision to sto ARE¶s oerations. August
2 : Sureme Court allowed ARE¶s alication to reject High Courts ruling on the aeal. The Sureme Court ruled that the closure will ring difficulty to the comany and the ersonnel. anuary
: ARE stoed oerations
|
. 2. . . .
.
.
.
The Place of Ecological Ethics in Culture Celovas Kalenda Earthdance : iving System in Evolution Elisa eth Sahtouris Environmental Pro lems and ecological Ethics Wang iaoyang Environmental Quality Act Challenges in Imlementing and Enforcing Environmental Protection easures in alaysia Ainul aria aidin Protecting Indigenous Communities in alaysia Saha at Alam alaysia Preliminary Assessment of alaysia¶s Environmental aw Alan K , aculty of aw, National niversity of Singaore Environmental Imact Assessment Proane Dehydrogenation Project, TBE alaysia Sdn Bhd
CASEAW:OCSSTANDI A dulRazak inAhmadvs Kerajaan Negeri ohor Anor.(
) 2 ocus standi µlace of standing¶ that is a lace to stand in court or a right to aear in a court of justice on a given question Plaintif (a resident of ohor) challenged to lan to uild a floating city at Selat Te rau. Plaintif requests that the court declare the roject as invalid as it is against Town Planning Act . Decision: High Court judged that although the roject may go against the Act, there is locus standi to show that the non-comliance will has or will cause him grievance unless he can show evidence to the court that he will incur grievance ecause of the non-comliance. Being a ta ayer does not give sufficient evidence that he has sufficient interest that needs to e rotected y the law in the conte t of the roject develoment. Court judged that if laintiff want to ring this for further judicial review, the court¶s ermission is required while the ocal Planning municiality will e required to attend.
OCSSTANDI- CO PARISON ;A dulÔ Ô Ô vKetua Pengarah Kementerian Sains,Teknologi dan Alam Sekitar [
%2Currentaw ournal(C ); Alication to access the EIA reort of the roosed µfloating city¶ in ohor Bahru. Decision : the High Court of ohor Bahru ruled that as a citizen of alaysia and a resident of ohor Bahru, the alicant was entitled to a coy of the EIA as resects the develoment of the roosed µfloating city¶ in ohor Bahru. p`, n . However, the alicant had succeeded in this case mainly ecause the ederal Counsel reresenting the Director meneral of Environment did not o ject that the EIA was a u lic document.%
OC''T,-DI- CO *,RI'O-
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OCSSTANDI- CO PARISON
AustralianConservation oundationIncvCommonwealth [ % CR . An environmental grou attemting to sto a roosed uilding develoment with regard to the validity of urorted comliance with certain environmental laws
OCSSTANDI- CO PARISON C etha vnionofIndia[ %SCC; C ehtavnionofIndia[ % SCC ; C etha vnionofIndia Ors[
%SCC Provides for oen standing and for class actions to enforce environmental law within the state. nder S 2, any erson may ring roceedings in the Court for an order to remedy or restrain a reach of this Act, whether or not any right of that erson has een or may e infringed y or as a consequence of that reach. A erson may ring roceedings on ehalf of himself and others with their consent.
CONTENTS Theory Environmentalethics EvolutionofEnvironmentalollution egal ramework efore
EnvironmentalQualityAct
RegulationsunderEQA Regulatory ramework Penalty DeartmentofEnvironment
EnvironmentalImactAssessment
Requirement,scoe,rocess Penalty PostEIAComlianceand onitoring Targets
Alication Issues Caseaws
Theory EnvironmentalQualityAct EnvironmentalImact Assessment Alication
REATIONSHIP E rt
N ture
Hum n
eoold¶s nd Et ics if mn wnts to survive nd to reserve ot er secies e s to c nge is own e viour, get rid of t e retension to e t e king of nture nd cultivte new its t t el to cre for t e nturl environment´
THEORY
Peole
Nature
Activities Behavior
Imact Resonds Ecological Ethics
Human interaction with nature and earth and the imact of his activities oral need to consider regulations with resect to nature One¶s right to live is the same as the other mem ers of the Earth: soil, water, lants and animals Stresses the riority of human values: nature as unique and integral on a lanetary scale and the reservation of nature is a common task and care for all humankind
THEORIESO ENVIRON ENTAETHICS eoold
KennethE.moodaster romEgoismto Environmentalism
It is not sufficient to consider only the interests of humankind and take no care of ecological equili rium; rather a new and more alanced ethics must e uilt. Any ehavior favora le to keeing the integrity and sta ility of flora and fauna is right and good, otherwise it is wrong and evil.
Environmental ro lem is a huge crisis for the 2 st century. Emhasized that humankind must change its attitude from egoism and chauvinism towards nature and survive
The natural world as an interdeendent system in which humans are mem ers of the earth¶s life community. Prof.PaulTaylorofPrinceton As every living entity as unique and cannot e relaced, therefore we must resect niversity nature, resect life.
Schweizer
AncientChinesehilosohy
There should exist a moral standard etween man and nature, without this elementary ethical rincile no adequate ethics can e formed. all life is the great creation of nature and should e resected with great care The relation etween man and nature should e a close and mutually areciative as with an organism.
"Dao (Buddha) is resent everywhere. Everywhere on earth, e it large or small, whether alike or lifeless, has a reason for existence. Therefore we should resect to life and nature and everything on earth should e treated equally´
THEORIES- TAKEAWAYS Human, Earth and Nature make u an organic system of interdeendence, or one world or commonwealth. ankind is a mem er of the earth¶s life of community, e ressed as a glo al village. According to an old Chinese saying, the mem ers of a community should cross a river in the same oat, meaning that eole in the same community should hel each other.
an and nature should constitute a artnershi in which each deends on the other, hels each other, not a relation of conqueror and conquered or master and slave
Natural things do not e ist for man, ut have their own internal o ective. Humans must not su stitute their own o ectives for those of nature, ut must resect nature, resect life.
It is necessary to overcome the idea of human egoism and to advocate that everything on earth is equal and in harmony.
EVOTIONO ENVIRON ENTAPOTION
1980s l al I act 19 scal i act sEc r c str cti
ic
1990s i t A arss
Rlat ractics tars sstaiabl vlt
YVOTIONO YNVIRON YNTAPOTION Y irtl llti R iistrilistii st s
Yclicl risis
GlblisI ct
EVOTIONO ENVIRON ENTAPOTION
International symosium (onthe environment) Italian Academy
irst international symosium on the ecological crisis Discussed the resent environmental situation Attended y secialists from countries of Asia and the West ormed the Clu of Rome joined y scholars from over countries to assess the environmental ollution imact onto the world
mOBAREQIRE ENT
DeclarationofthenitedNations ConferenceonHumanEnvironment, Stockholm 2 Recognised the need to adot measures for the rotection of environment µEnvironment¶ includes the totality of nature and natural resources, including the cultural heritage and the man-made infrastructure to facilitate the develoment of socio-economic activities
Theory EnvironmentalQualityAct EnvironmentalImact Assessment Alication
EmA RA EWORK Before Water Enactment 2(Act )
Tocontrolandrohi itdisrutionofrivers,soasnotto interferewiththesmoothflowofwater Restrictionofdischargesofsecificsu stancesintothe riverwhichmight edetrimentaltothe eneficialuseof theriverwatersthroughoutPeninsular alaysia
orest Esta lishmentofforestreservesandcontrolinlogging activities EnactmentAct Ca Controlinloggingactivities
andand Conservation Act
Aimedatconservinghilllandandtherotectionofsoil fromerosionandinroadsofsilt Prohi itslantingofshort-termcrosonanyhillland
EmA RA EWORK Before (con¶t) iningAct
Controlsdischargesfromminingactivities
Poisons Ordinance 2
RegulatesuseofTo icsu stances
erchant Shiing Ordinance
movernsmarineollution yvessels
EmA RA EWORK Before (con¶t)
Issues na le to cur soaring environmental ro lems due to raid advancement of modern industries and technologies E isting legislations was not to address environmental concerns ut mainly on other secific activities argely sectoral in focusing secific areas and activities
ENVIRON ENTAQAITYACT
mezetted on arch An Act relating to the revention, a atement, control of ollution and enhancement of the environment, and for the uroses connected therewith
ENVIRON ENTAQAITYACT EnvironmentalQuality(Amendment)Act 8 ActA
an 8
EnvironmentalQuality(Amendment)Act
ActA
August
EnvironmentalQuality(Amendment)Act
8 Act
2 August2
EnvironmentalQuality(Amendment)Act2
ActA 2
28 une2 , uly2
EnvironmentalQuality(Amendment)Act2 ActA August2
POICY RA EWORK
Vision22
BaselConvention ( ovementof HazardousWaste Disosal)
National Develoment Plan
Conventionof ClimateChange andBiodiversity Environmental olicies
The various national olicies and international develoment imacts environmental management olicies and regulations 22 National Policy on Environment to rovide olicy framework towards coordinated environmental management efforts
ENVIRON ENTAQAITYACT
EQA (Act 2)
Part :Preliminary PartII:Administration PartIII:icenses PartIV:Prohi itionandControlof Pollution PartIVA:ControlofScheduled Wastes PartV:AealandAealBoard PartVA:PaymentofCess and Environmental und PartVI: iscellaneous
moverned y regulations to regulate secific activities and imact onto the environment
EE ENTSCOVEREDNDEREQA
Noise
Water
Industrial wastes
Air EQA
EXA PESO REmATIONSNDEREQA Environmental Quality (icensing) Regulations
Environmental Quality (Control of Emissions from Petrol Engines) Regulations
Environmental Quality (Delegation of Powers) (Investigation of Oen Burning) Order 2
Environmental Quality (Declared Activities) (Oen Burning) Order 2
Environmental Quality (Aeal Board) Regulations 2
REmATIONSNDEREQA (relatedtoEIA) Environmental Quality (Clean Air ) Regulations Environmental Quality (Sewage and Industrial Effluents) Regulations Environmental Quality (Prescri ed Activities) (Environmental Imact Assessment) Order Environmental Quality (Scheduled Wastes) Regulations Environmental Quality (Prescri ed Premises) (Scheduled Wastes Treatment and Disosal acilities) Order
Environmental Quality (Prescri ed Premises) (Scheduled Wastes Treatment and Disosal acilities) Regulations
REmATORY RA EWORK Director meneralof DOE
mrant, renew, transfer, revoke licenses Issuanceof licenses with conditions Director meneralof DOE
inistrywith advisefrom Environment Council
Regulate rescri ed remises
Assessment ofactivities Director meneralof DOE
PENATY
ilrthllicsfrprscri priss ilrtcplywithcitisflics Ctrvtifitrigcitis Altrtisflics!ipt Altrtisfvhicls,shiprprist c prscri cvycsrpriss
ICENSINmREQIRE ENT
S. (2)ofEQA Any holder of a license who contravenes su section ( ) shall e guilty of an offence and shall e lia le to a fine not e ceeding twenty-five thousand ringgit or to imrisonment for a eriod of not e ceeding two years or to oth, and to a further fine of one thousand ringgit for every day that the offence is continued after a notice y the Director meneral requiring him to comly with such term or condition secified therein has een served uon him
CO PONDINmO O ENCES S.ofEQA ( )The Director meneral or any Deuty Director meneral, or any other u lic officer or any local authority to whom the Director meneral has delegated such ower in writing, may comound any offence under this Act or the regulations made thereunder which is rescri ed y the inister to e a comounda le offence y acceting from the erson reasona ly susected of having committed the offence a sum of money not e ceeding two thousand ringgit (2) The inister may make rules to rescri e the method and rocedure for comounding such offences
EN ORCE ENTCONCEPT
Preventionis etter thancure Cradletograve
Assessment
Alication oficense Basedonrequirement Shallnotlikelycause adverseimacttothe environment
onitoringcomliance Audits,checks
Enforcement
Comound Basedone tentof non-conformanceor damage Includesmakinggood ofthesituation
APPEA S.ofEQA ( )A" prso #o is ri b": . fsl to rt lics or trsfr lics b. T# ipositio of " coitio, liittio or rstrictio o #is lics c. T# r octio, sspsio or ritio of #is lics . T# ot #ic# # ol b r!ir to p" r sctio . A" cisio of t# $irctor Grl r sbsctio )) or () of sctio A, f. A" cisio of t# $irctor Grl or " officr r sbsctio ( ) or () of sctio 8A " it#i sc# ti i sc# r s " b prscrib, ppl to t# Appl or
APPEABOARD EnvironmentalQuality(AealBoard)Regulations2 Regulation
Chairman DeutyChairman em ers em er
Power
Duration
Tohearaellantinersonorhisreresentatives Consideranyadditionalevidenceordocuments Toawardcostormakeorderinresecttotheaeal
Noticetoaeal- Withindaysofdateofdecisioncommunicatedtoaellant mroundsofaeal withindaysaftersu missionofnotice
OTHER EATRESO EQA DirectormeneraloftheDOE EnvironmentalQuality Council EnvironmentalQualityAudit Cess andEnvironmental und
APPOINT ENTO DIRECTORmENERA S( )EQA
There shall e a Director meneral of Environmental Quality who shall e aointed y the inister from amongst mem ers of the u lic service and whose owers, duties and functions shall e - «.
This led to the formation of the Deartment of Environment as the enforcement agency of EQA
DEPART ENTO ENVIRON ENT
DOEasEnforcementAgency Institutionalised in ain role is to revent, control and a ate ollution through the enforcement of the EQA, and its su sidiary legislations made thereunder The rincial agency entrusted to administer the EQA and its su sidiary legislations
DEPART ENTO ENVIRON ENT Aointment
Esta lished in , EQA state offices, 2 ranch offices inistry of Science, Technology and Environment (now know as mreen Technology and Water)
Scoe
ission - To ensure sustaina le develoment in the rocess of nation uilding Air, Noise, Water, arine, Hazardous su stances Cradle to grave concet source generator has to ensure the source does not have adverse imact onto the environment throughout its life
Roles and Resonsi ilities
Prevention, control and a atement of ollution through the enforcement of the Environmental Quality Act of and its su sidiary legislations
DEPART ENTO ENVIRON ENT
Environmental Quality Council
Esta lished on 2 Aril under Section ( )of the Environmental Quality Act, Advise the inistry on matters ertaining to the Act Provides olicy guidance to the DOE the formulation of olicies and strategies towards a more holistic aroach to environmental management
Environment Institute of alaysia (Ei AS)
Assist in raising the level of u lic awareness on the imortance of environmental conservation efforts Trainings for Policies, Tools and develoment Provides certification for cometent Environment ractitioner Provides training for certification
Theory EnvironmentQualityAct EnvironmentalImact Assessment Alication
EmAREQIRE ENTO EIA S.A(2)ofEQA(Amendment)Act mazettement ofEnvironmentalQuality (Prescri edActivities,EIA)Order Any erson intending to carry out any of the rescri ed activity shall, efore any aroval for the carrying out of such activity is granted y the relevant aroving authority, su mit a reort to the Director meneral. The reort shall contain an Ô Ô of such activity will have or is likely to have on the environment and the roosed measures that shall e undertaken to revent, reduce or control the adverse imact on the environment
EIACOVERAmE Environmental Quality Act Prescri ed Activities (Environmental Imact Assessment) Order, Prescri ed Activities as listed in the Schedule E cetions irst Schedule of the Conservation of Environment (Prescri ed Activities) Order
u lished under the Second Sulementary of the Sa ah movernment mazette on the August
irst Schedule of the Natural Resources and Environment (Prescri ed Activities) Order
u lished under Part II of the Sarawak movernment mazette on the August
Preliminary or Detailed EIA E tent of Project significance of imact
PRESCRIBEDACTIVITIES Industry Infrastructure
Agriculture
Quarries
Airort
Railways Transortation Petroleum WaterSuly
isheries
Prescri ed Activities
Ports WasteTreatment Disosal Resort RecreationalDeveloment
orestry andreclamation Housing ining
Drainage Irrigation Powermeneration Transmission
PENATY
S.A( )ofEQAAct A" prso #o cotr s t#is sctio s#ll b ilt" of offc s#ll b libl to fi ot xci fi "rs or bot# to frt#r fi o t#os riit for r" " t#t t# offc is coti ftr otic b" t# $irctor Grl r!iri #i to copl" it# t# ct spcifi t#ri #s b sr po #i
CONTENTSO EIA Project information ackground, initiator, statement of need Project descrition rocess flow descrition, design asis, sources of effluent, air and noise emissions, treatment
Condition of e isting environment hysical and iological systems
Potential Imacts and itigating Commissioning, Oerations Environmental
easures during Construction,
anagement System
Simulation model on otential imact of activities to the e isting environment
SCOPEO EIA Socio Economic Environment
Community
EIA Assessment
EIAPROCESS
Project roosal Natureof roject
Alication
Assessment Shortandlong termimacts Socio economics
Review Presentation Deli eration
Su mission
Aroval Aroval Conditions onitoring
POSTEIACO PIANCE onthly rogress reorts Analysis results of Effluent (Water), Air, Noise arameters Comliance to EIA Aroval Conditions and muidelines y the DOE Remedial actions for non-comliances Checks / Visits y DOE Officers Scheduled and unscheduled
iason officer Aointed comany reresentative for liason with the DOE Ensure all requirement under EIA aroval conditions and EQA are strictly adhered to
EIACYCE
Assessment
Sustaining
onitoring
Identification ofimact
Corrective and mitigating actions
Theory EnvironmentalQualityAct EnvironmentalImact Assessment Alication
APPICATIONISSES( )
Issues A sence of any rovision for coordination etween organisation and individuals for enforcement ragmented and disjointed nature of legal framework state often address issues on an ad-hoc nature rather than on long-term aroach Colonial influence of ma imising e loitation of natural resources. Inhi its concerted environmental olicy develoments at the federal and state level
APPICATIONISSES(2) Isss Ovrlaing fnctions twn Environmntal and Planning agncis Th DOE is rsonsi l for indstrial olltion control, howvr othr natral rsorcs ar ndr th jrisdiction of othr ministris or rglating odis with sarat sts of rglations. Each ministry romots dvlomnt within thir own ministry withot ror coordination with nvironmntal managmnt DOE rcommndation to rmit or rfs a dvlomnt can ignord y th Stat Planning Committ Stat Planning Committ may disrgard th rcommndation for ross of Economic dvlomnt
CASEAWEIA: EDERAVSSTATEAW Kajing Tu ek
Orsvs Ekran Bhd Ors(
)2 .. .
Tahu ujah, , Saran Emu, , and Kajing Tu ek, , had wanted EIA reorts to e made availa le to them for their views Disute whether the Bakun Hydroelectric Dam (Bakun Dam) is to e considered under the EQA which is a ederal environmental legislation or to e governed y the Sarawak State aw, Natural Resources Ordinance The inister of Science, Technology and Environment ( OSTE) e cluded the alication of the ederal EIA requirements in relation to the construction of dams in the State of Sarawak (
Amendment Order)
CASEAWEIA: EDERAVSSTATEAW Kajing Tu ek
Orsvs Ekran Bhd Ors(
)2 .. .
Decision : The EQA was enacted to e alica le to the entire nation. Su sidiary legislation was ermitted to give full effect to the EQA. nder the guidelines rescri ed y the roject roonent « it cannot e made without some form of u lic articiation « or this is a right vested with the laintiffs «« The High Court's judgment invalidated the Environmental Quality (Prescri ed Activities) (Environmental Imact Assessment) Amendment Order of
and ordered the roject develoer to comly with the Environmental Quality Act of efore roceeding with the construction of the dam. The
amendment order was deemed invalid ecause of its retroactive alication which removed rights that had already accrued to the laintiffs under the Environmental Quality Act of , namely the right to u lic articiation in the environmental imact assessment rocess of the dam.
CASEAWEIA: EDERAVSSTATEAW Kajing Tu ek
Orsvs Ekran Bhd Ors(
)2 .. .
Note: The Bakun EIA was aroved amidst much controversy in
when it was discovered that the ederal Environmental Quality Act (EQA) was retrosectively amended to allow the authority of the EIA aroval for certain rojects in Sarawak to e transferred to the Natural Resources and Environment Board (NREB) which is su ject to the Sarawak Natural Resources and Environment Ordinance
(SNREO).
CASEAWEIA:OCSSTANDI Ketua Pengarah a atan Alam Sekitar vKajing Tu ek [
% 2 Aeal to challenge High Court¶s decision Decision : e ruary
the Court of Aeal, ruled to allow their aeal . The Sarawak Ordinance co-e ists with the EQA, each oerating within its own shere ased on the constitutional authority of the State of Sarawak to regulate y legislation those comonents of the environment that fall within its domain. The udge concluded that µ[in% my judgment, Parliament, when it assed the EQA, did not intend, and could not have intended, to regulate so much of the environment as falls within the legislative jurisdiction of Sarawak.¶ (Court of Aeal udgment). He agreed with the su mission of the Senior Counsel that the Amendment Order was made µnot for the urose of cutting the ground from under the feet of the resondents as suggested y their Counsel, ut for the urose of making it a undantly clear to all concerned that the order was not, for constitutional reasons, meant to aly to Sarawak.
CASEAWEIA:OCSSTANDI Ketua Pengarah a atan Alam Sekitar vKajing Tu ek [
% 2
2. In articular he (the udge of High Court) did not have sufficient regard for u lic interest. Additionally he did not consider the interests of justice from the oint of view of oth the aellants and resondents´ The Court of Aeal, in a stunning reversal of the High Court, held that the Defendants had no locus standi ecause they had suffered no secial injury over and a ove the injury common to others. Note : ocus standi µlace of standing¶ that is a lace to stand in court or a right to aear in a court of justice on a given question
CASEAWEIA:CONTRAVENTIONICENSE amEngRu er actory( )Sdn Bhd vs DirectorofEnvironment,Kedah Perlis [2%2All alaysianReort(A R)
The aellant oerates a ru er factory in Sungai Petani, Kedah. The factory has een in oeration since . Each year the aellant alied for and o tained a license from the local authority. In , the Environmental Quality Act ("the EQA") came into force. Aellant had to o tain a license from the Deartment of the Environment, Kedah, which the aellant did so. However, aellants¶ alication for
license was not aroved. Aellant aealed to the Aeal Board S () ut was not heard. The DOE refused to issue the license Aellant went to the High Court to quash the decision of the DOE¶s refusal to issue the license 2 e ruary
aellant lost since the aellant had no license for the year
, ut yet they had carried on their factory illegally and had no legitimate e ectation to have a license for
.
C,'YM,WYI,:CONT&,VYNTIONMICYN'Y MY&bbr ctr"(M)' (# s $irctrfY irt,)# *rlis [ 005%+,M& 1
(r#t t# cs t ,l (r fr: 1st rst t csir t rt t# lics + rstt#rt#csflfr t#lics ,llt M Y &bbr First &st $irctr mrl f t# $OY 'c &st ,l (r $cisi ,l rt
CASEAWEIA:CONTRAVENTIONICENSE amEngRu er actory( )Sdn Bhd vs DirectorofEnvironment,Kedah Perlis [2%2A R
udgement The first resondent, as I have said, had no jurisdiction whatsoever to deal with the aellant's aeal. His act was ` (in violation) the EQA. We therefore allowed the aeal with costs here and elow and remitted the aeal to the Aeal Board aointed under s of the EQA to hear and disose of the aeal in accordance with law. The orders of the High Court were set aside. The deosit was ordered to e refunded to the aellant.´ In the event, other matters that had een su mitted on in the aeal efore us, which turned on the question whether it is correct that, as the learned judge held, the aellants had no legitimate e ectation to a renewal of license ecause the aellants had not een issued a license for the revious eriod of Aril ,
to arch
and therefore there was no license to renew and also ecause in that eriod they had een oerating illegally since they had no license, and which included the question of who was at fault in the aellants' not eing a le to o tain a license for that eriod, «.
CASEAW:HAZARDOSWASTE( ) WoonTanKan(Deceased) Ors.vs AsianRareEarth Sdn Bhd [
2%C 22 Storin of Hazardos aterial at Bkit Merah. Asian Rare Earth (ARE) as fored to extract (an eleent in earth) fro onazit. The ain shareholders are Mitsbishi Cheical Indstries td (35%), Beh Minerals (35%), ebaa rsan dan Tabn Hai (2%) and soe local Biptera ( %). The copan" shall prodce radioactive aste throh the onazit processin. The aste shall belon to the *erak State as it is a potential sorce of nclear ener" sorce. *lant as in operations beinnin l" 82 to
*erak State located the aste storae at the *apan, k fro Ipoh. Strle of "ears (fro 8 to
) Deceber 8 Detected radiation level at ore than 8 ties peritted
CASEAW:HAZARDOSWASTE(2) WoonTanKan(Deceased) Ors.vs AsianRare EarthSdn Bhd [
2%C 22 The Paan community rotested and rought the case to Ioh High Court e ruary : residents filed summons to sto ARE from roducing, storing or ile radioactive waste within the vicinity of the area in line with the Atomic Energy icensing Act . Court roceedings in 2 months. Involved internal and e ternal atomic energy e erts uly
2 : Community wins case against ARE. High Court directs ARE oerations to sto in days.
CASEAW:HAZARDOSWASTE() WoonTanKan(Deceased) Ors.vs AsianRare EarthSdn Bhd [
2%C 22 ollow-us 2 uly
2 : ARE raised Aeal at the Sureme Court. 2 uly
2 : ollowing e -arte alication y ARE, Sureme Court udge held Ioh High Court¶s decision to sto ARE¶s oerations. August
2 : Sureme Court allowed ARE¶s alication to reject High Courts ruling on the aeal. The Sureme Court ruled that the closure will ring difficulty to the comany and the ersonnel. anuary
: ARE stoed oerations
|
. 2. . . .
.
.
.
The Place of Ecological Ethics in Culture Celovas Kalenda Earthdance : iving System in Evolution Elisa eth Sahtouris Environmental Pro lems and ecological Ethics Wang iaoyang Environmental Quality Act Challenges in Imlementing and Enforcing Environmental Protection easures in alaysia Ainul aria aidin Protecting Indigenous Communities in alaysia Saha at Alam alaysia Preliminary Assessment of alaysia¶s Environmental aw Alan K , aculty of aw, National niversity of Singaore Environmental Imact Assessment Proane Dehydrogenation Project, TBE alaysia Sdn Bhd
CASEAW:OCSSTANDI A dulRazak inAhmadvs Kerajaan Negeri ohor Anor.(
) 2 ocus standi µlace of standing¶ that is a lace to stand in court or a right to aear in a court of justice on a given question Plaintif (a resident of ohor) challenged to lan to uild a floating city at Selat Te rau. Plaintif requests that the court declare the roject as invalid as it is against Town Planning Act . Decision: High Court judged that although the roject may go against the Act, there is locus standi to show that the non-comliance will has or will cause him grievance unless he can show evidence to the court that he will incur grievance ecause of the non-comliance. Being a ta ayer does not give sufficient evidence that he has sufficient interest that needs to e rotected y the law in the conte t of the roject develoment. Court judged that if laintiff want to ring this for further judicial review, the court¶s ermission is required while the ocal Planning municiality will e required to attend.
OCSSTANDI- CO PARISON ;A dulÔ Ô Ô vKetua Pengarah Kementerian Sains,Teknologi dan Alam Sekitar [
%2Currentaw ournal(C ); Alication to access the EIA reort of the roosed µfloating city¶ in ohor Bahru. Decision : the High Court of ohor Bahru ruled that as a citizen of alaysia and a resident of ohor Bahru, the alicant was entitled to a coy of the EIA as resects the develoment of the roosed µfloating city¶ in ohor Bahru. p`, n . However, the alicant had succeeded in this case mainly ecause the ederal Counsel reresenting the Director meneral of Environment did not o ject that the EIA was a u lic document.%
OC''T,-DI- CO *,RI'O-
T#-'t#.lsY irtl *li,sssst,ct *r is fr sti fr clss ctis t frc irtl l it#i t# stt. r ' 2, y rs y ri rcis i t# Crt fr rr t ry r rstri rc# f t#is ,ct, #t#r r t y ri#t f t#t rs #s r y ifri y r s csqc f t#t rc#. , rs y ri rcis #lf f #islf t#rs it# t#ir cst
OCSSTANDI- CO PARISON
AustralianConservation oundationIncvCommonwealth [ % CR . An environmental grou attemting to sto a roosed uilding develoment with regard to the validity of urorted comliance with certain environmental laws
OCSSTANDI- CO PARISON C etha vnionofIndia[ %SCC; C ehtavnionofIndia[ % SCC ; C etha vnionofIndia Ors[
%SCC Provides for oen standing and for class actions to enforce environmental law within the state. nder S 2, any erson may ring roceedings in the Court for an order to remedy or restrain a reach of this Act, whether or not any right of that erson has een or may e infringed y or as a consequence of that reach. A erson may ring roceedings on ehalf of himself and others with their consent.
