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
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
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.