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ADS 659
       Environmental Management In
            Developing Countries
Case Study 2: “Development-Induces Water Pollution in Malaysia:
Policy Planning, Instruments for Protection and Emerging Issues”

                           Prepared by:
                          Aliff Shafique
                          Fatin Naqibah
                          Khairul Amini

                              BC5C
Content
1.0 Introduction
2.0 Literature Review
3.0 Issues & Challenges Highlighted
4.0 Evaluation & Recommendation
5.0 Conclusion
Definition / Interpretation / Keyword
“environment”

• means the physical factors of the surroundings of the human beings including
land, water, atmosphere, climate, sound, odour, taste, the biological factors
of animals and plants and the social factor of aesthetics;

“pollution”

• means any direct or indirect alteration of the physical, thermal, chemical,
or biological properties of any part of the environment by discharging,
emitting, or depositing environmentally hazardous substances, pollutants or
wastes so as to affect any beneficial use adversely, to cause a condition
which is hazardous or potentially hazardous to public health, safety, or
welfare, or to animals, birds, wildlife, fish or aquatic life, or to plants or
to cause a contravention of any condition, limitation or restriction to which
a license under this Act is subject;

Retrieved from: http://www.agc.gov.my/Akta/Vol.%203/Act%20127.pdf
Source: Environmental Quality Act 1974
1.0 Introduction
• Basic elements of environment: air, land, energy, natural
  resources, water & etc.

• It is very vital to take extra care                                        to   all   of   the
  environmental components mention above.

• Moved toward industrialized country, many development
  projects take place which slowly affecting our environment,
  causing environmental degradation.

• As such, various legal framework, policies, mechanism
  introduced and implemented by the government as to protect &
  preserve our natural resources and balance it.
  Source: http://www.medwelljournals.com/fulltext/?doi=rjasci.2011.179.183
Development


       Industrialization



        Pollution !

Air   Water         Soil   Sound
Cont… (Water Pollution)
• Human- induced changes to water quality.
• Changes in the chemical, physical, biological and
  radiological quality of water that is injurious to its
  existing, intended or potential uses
• Contributed by several sector:
      Palm oil, raw rubber, rubber product, food and beverages
      industries, textiles and chemical.
2.0 Literature Review
      Government Policies & Actions                 Institutions

     Third Five-Year Plan               United Nations [UN]
     First & Second Outline             Department of Environment [DOE]
     Perspective Plan                   Local Authorities [Federal & State
     Seventh Malaysia Plan              Government]




            Laws & Regulations                     Instruments

                                        Polluter-Pay Principle
     Waters Act 1920
                                        Licensing Effluent Mechanism
     Environmental Quality Act 1974
                                        Standardization of Effluent Limits
     Street, Drainage & Building Act
     1974                               Economic Instruments [Recycling]
     Local Government Act 1976          Environmental Auditing
     Town & Country Planning Act 1976   Environmental Impact Assessment
                                        [EIA]
3.0 Issues & Challenges Highlighted
    Issuance of license and its provision - Prevention &
              monitoring water pollution issues



  Irregularity, contradiction and ambiguity about licensing
               issue and “acceptable conditions”
           [Section 11(4), 18, 21 & 25 of EQA 1974]



   Development program vs. Protection of environment – Role
           play by Director General of Environment




   Less stringent of standardization of effluent instrument
    - “waste exceeds the prescribe limit the contravention
    license cover such behavior” & “waste being discharge
       below the limit the of that condition are legal”
Cont . . .
     Cost-consuming of raw material & high cost of water
                     treatment activities




    Lack of technology that applicable to enforce suitable
    labeling requirement for hazardous products, substance
      and industrial waste + lack of consumer’s awareness




    Complication of cess application in waste production &
          tax exemption on certain field or industry




     Conflict of role / overlapping of responsibility of
      government authorities in EIA + weak enforcement
Other Issues…
   Imbalance contribution between the development process
   and protection of environment - No specific guidelines
                    in developing process




   Lack of implementation and weak enforcement especially
   in term of environmental policies – greatly argued that
    various legal and non- legal environmental protection
      measures implemented has not been able to prevent
              further environmental degradation
Source: http://thestar.com.my/news/story.asp?sec=nation&file=/2012/10/12   Source: http://www.freemalaysiatoday.com/category/nation/2012/10/09/juru-river-
              nation/12161852                                                   dying-of-pollution/
Source: http://www.usm.my/index.php/en/news-archive/7338-industri-diseru-proaktif-laksana-audit-
alam-sekitar.html
4.0 Evaluation & Recommendation
Issues:                                                                                        #1
Licensing provision, “acceptable conditions”,   Section 18, 21 & 25 of EQA 1974, role of DG


Recommendation:
 As this provision had been greatly argue which cause irregularity and ambiguity in term of
definition & meaning, it is recommended that this provisions should be revised, reanalyzed,
scrutinized and amended as to provide clarity in interpretation and implementation.




Issues:                                                                                        #2
Less stringent in terms of standardization of effluent management, time limit given to
industrialist to comply with local requirement

Recommendation:
 Improve performance monitoring system
 Regulate more strict rules & regulations [time frame & compliance]
 Reducing license fees
Cont . . .
Issues:                                                                                    #3
 Cost-consuming in recycling program, including waste treatment + raw material price

Recommendation:
 Implementing new recycling method, example: Zurich Werdhölzli Plant, Cyklar-Stulz
GmbH.
 Raise public awareness through government plan of actions [publishing, broadcasting,
electronic media]




Issues:
Labeling requirement for hazardous products
                                                                                           #4

Recommendation:
 Increase role and participation by the education institutions & government departments
 Coordinated efforts between government and industrialist
 Establishment of domestic @ worldwide environmental information website/system,
  example: Canada [WHMIS]
Cont . . .
Issues:
                                                                                                 #5
 Application of cess [tax] against waste production

Recommendation:
 Imposing & increasing levy on landfill, example: practice by Irish Government
 Abolished or minimized the number of tax exemption / tax deduction




Issues:                                                                                          #6
 Conflict of role stated in EQA [definition of “government @ local authority”], overlapping
of functions between government agencies & weak enforcement in Environmental Impact Assessment

Recommendation:
 Reanalyzed and re-clarify the law as to provide clear and distinct responsibility
 Improving allocation of resources, appoint more expertise [environmentalist, engineers]
5.0 Conclusion
• Development projects should be balance as to maintain,
  protect and preserve our environment.
• Our existing legislation also should be reanalyzed as to
  cope up with present situation that various waste,
  substance had been produced by industrialist.
• The law should be more strict and act more active in
  PREVENTING rather than CONTROLLING not only the
  pollution but any other environmental offences/crime.
Source: http://www.usm.my/index.php/en/papercutting/6400-DZULKIFLI-ABDUL-RAZAK--Water-is-life,-guard-it-well-.html
Terima Kasih
  Thank You

 ありがとう
  gracias
   ‫شكرا‬
   merci
  danke
 ขอขอบคุณคุณ

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Environmental laws, policies and its effectiveness in addressing environmental problems in Malaysia

  • 1. ADS 659 Environmental Management In Developing Countries Case Study 2: “Development-Induces Water Pollution in Malaysia: Policy Planning, Instruments for Protection and Emerging Issues” Prepared by: Aliff Shafique Fatin Naqibah Khairul Amini BC5C
  • 2. Content 1.0 Introduction 2.0 Literature Review 3.0 Issues & Challenges Highlighted 4.0 Evaluation & Recommendation 5.0 Conclusion
  • 3. Definition / Interpretation / Keyword “environment” • means the physical factors of the surroundings of the human beings including land, water, atmosphere, climate, sound, odour, taste, the biological factors of animals and plants and the social factor of aesthetics; “pollution” • means any direct or indirect alteration of the physical, thermal, chemical, or biological properties of any part of the environment by discharging, emitting, or depositing environmentally hazardous substances, pollutants or wastes so as to affect any beneficial use adversely, to cause a condition which is hazardous or potentially hazardous to public health, safety, or welfare, or to animals, birds, wildlife, fish or aquatic life, or to plants or to cause a contravention of any condition, limitation or restriction to which a license under this Act is subject; Retrieved from: http://www.agc.gov.my/Akta/Vol.%203/Act%20127.pdf Source: Environmental Quality Act 1974
  • 4. 1.0 Introduction • Basic elements of environment: air, land, energy, natural resources, water & etc. • It is very vital to take extra care to all of the environmental components mention above. • Moved toward industrialized country, many development projects take place which slowly affecting our environment, causing environmental degradation. • As such, various legal framework, policies, mechanism introduced and implemented by the government as to protect & preserve our natural resources and balance it. Source: http://www.medwelljournals.com/fulltext/?doi=rjasci.2011.179.183
  • 5. Development Industrialization Pollution ! Air Water Soil Sound
  • 6. Cont… (Water Pollution) • Human- induced changes to water quality. • Changes in the chemical, physical, biological and radiological quality of water that is injurious to its existing, intended or potential uses • Contributed by several sector:  Palm oil, raw rubber, rubber product, food and beverages industries, textiles and chemical.
  • 7. 2.0 Literature Review Government Policies & Actions Institutions Third Five-Year Plan United Nations [UN] First & Second Outline Department of Environment [DOE] Perspective Plan Local Authorities [Federal & State Seventh Malaysia Plan Government] Laws & Regulations Instruments Polluter-Pay Principle Waters Act 1920 Licensing Effluent Mechanism Environmental Quality Act 1974 Standardization of Effluent Limits Street, Drainage & Building Act 1974 Economic Instruments [Recycling] Local Government Act 1976 Environmental Auditing Town & Country Planning Act 1976 Environmental Impact Assessment [EIA]
  • 8. 3.0 Issues & Challenges Highlighted Issuance of license and its provision - Prevention & monitoring water pollution issues Irregularity, contradiction and ambiguity about licensing issue and “acceptable conditions” [Section 11(4), 18, 21 & 25 of EQA 1974] Development program vs. Protection of environment – Role play by Director General of Environment Less stringent of standardization of effluent instrument - “waste exceeds the prescribe limit the contravention license cover such behavior” & “waste being discharge below the limit the of that condition are legal”
  • 9. Cont . . . Cost-consuming of raw material & high cost of water treatment activities Lack of technology that applicable to enforce suitable labeling requirement for hazardous products, substance and industrial waste + lack of consumer’s awareness Complication of cess application in waste production & tax exemption on certain field or industry Conflict of role / overlapping of responsibility of government authorities in EIA + weak enforcement
  • 10. Other Issues… Imbalance contribution between the development process and protection of environment - No specific guidelines in developing process Lack of implementation and weak enforcement especially in term of environmental policies – greatly argued that various legal and non- legal environmental protection measures implemented has not been able to prevent further environmental degradation
  • 11. Source: http://thestar.com.my/news/story.asp?sec=nation&file=/2012/10/12 Source: http://www.freemalaysiatoday.com/category/nation/2012/10/09/juru-river- nation/12161852 dying-of-pollution/
  • 13. 4.0 Evaluation & Recommendation Issues: #1 Licensing provision, “acceptable conditions”, Section 18, 21 & 25 of EQA 1974, role of DG Recommendation:  As this provision had been greatly argue which cause irregularity and ambiguity in term of definition & meaning, it is recommended that this provisions should be revised, reanalyzed, scrutinized and amended as to provide clarity in interpretation and implementation. Issues: #2 Less stringent in terms of standardization of effluent management, time limit given to industrialist to comply with local requirement Recommendation:  Improve performance monitoring system  Regulate more strict rules & regulations [time frame & compliance]  Reducing license fees
  • 14. Cont . . . Issues: #3  Cost-consuming in recycling program, including waste treatment + raw material price Recommendation:  Implementing new recycling method, example: Zurich Werdhölzli Plant, Cyklar-Stulz GmbH.  Raise public awareness through government plan of actions [publishing, broadcasting, electronic media] Issues: Labeling requirement for hazardous products #4 Recommendation:  Increase role and participation by the education institutions & government departments  Coordinated efforts between government and industrialist  Establishment of domestic @ worldwide environmental information website/system, example: Canada [WHMIS]
  • 15. Cont . . . Issues: #5  Application of cess [tax] against waste production Recommendation:  Imposing & increasing levy on landfill, example: practice by Irish Government  Abolished or minimized the number of tax exemption / tax deduction Issues: #6  Conflict of role stated in EQA [definition of “government @ local authority”], overlapping of functions between government agencies & weak enforcement in Environmental Impact Assessment Recommendation:  Reanalyzed and re-clarify the law as to provide clear and distinct responsibility  Improving allocation of resources, appoint more expertise [environmentalist, engineers]
  • 16.
  • 17. 5.0 Conclusion • Development projects should be balance as to maintain, protect and preserve our environment. • Our existing legislation also should be reanalyzed as to cope up with present situation that various waste, substance had been produced by industrialist. • The law should be more strict and act more active in PREVENTING rather than CONTROLLING not only the pollution but any other environmental offences/crime.
  • 19. Terima Kasih Thank You ありがとう gracias ‫شكرا‬ merci danke ขอขอบคุณคุณ