29787271 Environmental Law in Malaysia

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ENVIRONMENTAL LAW GMUL 5063

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.

LOCUS STANDI - COMPARISON MC

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