GROUP 4 Nor Nuha Mahfuz - 803766 Rohida Abdul Wahab - 803770 Norzaimah Mohd Dzin - 803768 Salma Mohd Kasim - 806916
CONTENTS Theory
Theory Environmental Application QualityAssessment Impact Act
RELATIONSHIP Earth
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
THEORIES OF ENVIRONMENTAL ETHICS Leopold
THEORIES - TAKEAWAYS
Human, Earth and Nature make up an organic system of interdependence, or one world or commonwealth. Mankind i
EVOLUTION OF ENVIRONMENTAL POLLUTION
EVOLUTION OF ENVIRONMENTAL POLLUTION Environmental pollution Rapid industrialisation in 1950s to 1970s
Ecological Crisis
Globalised Impact
EVOLUTION OF ENVIRONMENTAL POLLUTION International symposium
GLOBAL REQUIREMENT
Declaration of the United Nations Conference on Human Environment, Stockholm 197
Theory Environmental Application QualityAssessment Impact Act
LEGAL FRAMEWORK – Before 1974 Water Enactment 1920 (Act 418)
LEGAL FRAMEWORK – Before 1974 (con’t) Mining Act
LEGAL FRAMEWORK – Before 1974 (con’t) Issues
ENVIRONMENTAL QUALITY ACT 1974 Gezetted
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 EQA 1974 (Act 127)
Governed by 35 regulations to regulate specific activities and impact onto the environment
ELEMENTS COVERED UNDER EQA 1974
EXAMPLES OF REGULATIONS UNDER EQA 1974 Environmental Quality (Licensing) Regulations 1977
REGULATIONS UNDER EQA1974 (related to EIA)
Environmental Quality (Clean Air ) Regulations 1978
REGULATORY FRAMEWORK Director General of DOE
PENALTY
Failure to hold a license for prescribed premises Failure to comply with conditions of license Contravention of monitoring conditions Alterations of licensed equipment Alterations of vehicles, ship or premise to become prescribed conveyances or premises
LICENSING REQUIREMENT S.16(2) of EQA 1974
COMPOUNDING OF OFFENCES S.45 of EQA 1974
ENFORCEMENT CONCEPT Prevention Cradle to grave is better than cure Prevention Cradle to grave is better than cure
APPEAL S.35 of EQA 1974
APPEAL BOARD Regulation
OTHER FEATURES OF EQA 1974 Director General of the DOE
APPOINTMENT OF DIRECTOR GENERAL S3(1) EQA 1974
This led to the formation of the Department of Environment as the enforcement agency of EQA 1974
DEPARTMENT OF ENVIRONMENT DOE as Enforcement Agency
DEPARTMENT OF ENVIRONMENT Appointment
DEPARTMENT OF ENVIRONMENT Environmental Quality Council
Environment Quality Theory Environmental Application ImpactAct Assessment
LEGAL REQUIREMENT OF EIA S.34A(2) of EQA (Amendment) Act 1985
EIA COVERAGE Environmental Quality Act
PRESCRIBED ACTIVITIES Industry Infrastructure
Agriculture
Quarries
Airport
Railways Transportation Petroleum Water Supply
Fisheries
Prescribed Activities
Ports Waste Treatment & Disposal Resort & Recreational Development
Forestry Land reclamation Housing Mining
Drainage & Irrigation Power Generation & Transmission
PENALTY S.34A(8) of EQA Act 1974
CONTENTS OF EIA Project information – background, initiator, statement of need
SCOPE OF EIA
EIA PROCESS Nature of project Project proposal
POST EIA COMPLIANCE Monthly progress reports
EIA CYCLE
Theory Environmental Application QualityAssessment Impact Act
APPLICATION ISSUES (1) Issues
APPLICATION ISSUES (2) Issues
CASE LAW EIA : FEDERAL VS STATE LAW Kajing
CASE LAW EIA : FEDERAL VS STATE LAW Kajing
CASE LAW EIA : FEDERAL VS STATE LAW Kajing
CASE LAW EIA : LOCUS STANDI Ketua
CASE LAW EIA : LOCUS STANDI Ketua
CASE LAW EIA : CONTRAVENTION LICENSE Lam Eng Rubber Factory (M)
CASE LAW EIA : CONTRAVENTION LICENSE
CASE LAW EIA : CONTRAVENTION LICENSE Lam Eng Rubber Factory (M)
CASE LAW : HAZARDOUS WASTE (1) Woon Tan Kan (Deceased) & 7 Ors.
CASE LAW : HAZARDOUS WASTE (2) Woon Tan Kan (Deceased) & 7 Ors.
CASE LAW : HAZARDOUS WASTE (3) Woon Tan Kan (Deceased) & 7 Ors.
THANK YOU
REFERENCES 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 Abdul Razak bin Ahmad
LOCUS STANDI - COMPARISON 3
LOCUS STANDI - COMPARISON The New South Wales Environmental Planning and Assessment Act
LOCUS STANDI - COMPARISON Australian Conservation Foundation Inc v Commonwealth [1980] 146 CLR 493.