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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 ‡ Imact
‡ Behavior ‡ 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
‡ 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.
eoold ‡ 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.

KennethE.moodaster - ‡ Environmental ro lem is a huge crisis for the 2 st century.


romEgoismto ‡ Emhasized that humankind must change its attitude from egoism and chauvinism
Environmentalism towards nature and survive

‡ The natural world as an interdeendent system in which humans are mem ers of the
Prof.PaulTaylorofPrinceton earth¶s life community.
niversity ‡ As every living entity as unique and cannot e relaced, therefore we must resect
nature, resect life.

‡ 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
Schweizer 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


AncientChinesehilosohy 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

Rlat
1990s ractics
i t tars
1980s l al A arss sstaiabl
I act vlt
19 scal
i act

sEc ic
r c str cti
YVOTIONO YNVIRON YNTAPOTION

Yirtl llti

R iistrilistii
st s Ycliclrisis

GlblisI ct
EVOTIONO ENVIRON ENTAPOTION

‡ irst international symosium on the


ecological crisis
International ‡ Discussed the resent environmental
symosium situation
(onthe ‡ Attended y  secialists from 
environment) countries of Asia and the West

Italian ‡ ormed the Clu of Rome joined y
Academy  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 ‡ Tocontrolandrohi itdisrutionofrivers,soasnotto


interferewiththesmoothflowofwater
Enactment
‡ Restrictionofdischargesofsecificsu stancesintothe
2(Act riverwhichmight edetrimentaltothe eneficialuseof
 ) theriverwatersthroughoutPeninsular alaysia

orest ‡ Esta lishmentofforestreservesandcontrolinlogging


EnactmentAct activities
Ca  ‡ Controlinloggingactivities

andand ‡ Aimedatconservinghilllandandtherotectionofsoil
Conservation fromerosionandinroadsofsilt
Act  ‡ Prohi itslantingofshort-termcrosonanyhillland
EmA RA EWORK
Before (con¶t)

iningAct ‡ Controlsdischargesfromminingactivities

Poisons
Ordinance ‡ RegulatesuseofTo icsu stances
2

erchant
Shiing ‡ movernsmarineollution yvessels
Ordinance
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 28une2 , uly2

EnvironmentalQuality(Amendment)Act2
ActA   August2
POICY RA EWORK

BaselConvention
( ovementof
Vision22 HazardousWaste
Disosal)

National Conventionof
Develoment ClimateChange
Plan 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 

‡ Part :Preliminary
‡ PartII:Administration
‡ PartIII:icenses
‡ PartIV:Prohi itionandControlof
Pollution
EQA (Act
‡ PartIVA:ControlofScheduled
2) Wastes
‡ PartV:AealandAealBoard
‡ PartVA:PaymentofCess and
Environmental und
‡ PartVI: iscellaneous

moverned y  regulations to regulate secific activities and imact onto the


environment
EE ENTSCOVEREDNDEREQA 

Water Noise

Industrial
Air
wastes
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 ‡ inistrywith
meneralof advisefrom
DOE Environment
Council
mrant,
renew, Regulate
transfer, rescri ed
revoke remises
licenses

Issuanceof
licenses Assessment
with ofactivities
conditions
‡ Director ‡ Director
meneralof meneralof
DOE 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

Alication
Comound
‡Preventionis etter oficense ‡ onitoringcomliance
thancure ‡Audits,checks
‡Cradletograve ‡Basedonrequirement ‡Basedone tentof
‡Shallnotlikelycause non-conformanceor
adverseimacttothe damage
environment ‡Includesmakinggood
ofthesituation

Assessment Enforcement
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# roctio, 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

‡ Tohearaellantinersonorhisreresentatives
‡ Consideranyadditionalevidenceordocuments
Power ‡ Toawardcostormakeorderinresecttotheaeal

‡ Noticetoaeal- Withindaysofdateofdecisioncommunicatedtoaellant
Duration ‡ 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
‡ Esta lished in , EQA 
‡  state offices, 2 ranch offices
Aointment ‡ inistry of Science, Technology and Environment
(now know as mreen Technology and Water)

‡ ission - To ensure sustaina le develoment in


the rocess of nation uilding
‡ Air, Noise, Water, arine, Hazardous su stances
Scoe ‡ Cradle to grave concet
source generator has to
ensure the source does not have adverse imact
onto the environment throughout its life

Roles and ‡ Prevention, control and a atement of ollution


through the enforcement of the Environmental
Resonsi ilities Quality Act of  and its su sidiary legislations
DEPART ENTO ENVIRON ENT

‡ Esta lished on 2 Aril  under Section


( )of the Environmental Quality Act, 
Environmental ‡ Advise the inistry on matters ertaining to the
Act
Quality ‡ Provides olicy guidance to the DOE the
Council formulation of olicies and strategies towards a
more holistic aroach to environmental
management

‡ Assist in raising the level of u lic awareness


Environment on the imortance of environmental
conservation efforts
Institute of ‡ Trainings for Policies, Tools and develoment
alaysia ‡ Provides certification for cometent
Environment ractitioner
(Ei AS) ‡ 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 isheries
Transortation orestry

Petroleum
Prescri ed
andreclamation
Activities
WaterSuly Housing

Ports ining

WasteTreatment Disosal Drainage Irrigation

Resort RecreationalDeveloment Powermeneration Transmission


PENATY

S.A()ofEQAAct 

‡ A" prso #o cotrs 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 easures during Construction,


Commissioning, Oerations

Environmental anagement System

Simulation model on otential imact of activities to the e isting


environment
SCOPEO EIA

Socio
Economic

Environment
Community

EIA
Assessment
EIAPROCESS

Assessment Aroval
‡ Project ‡ Review
roosal ‡ Shortandlong ‡ Presentation ‡ Aroval
‡ Natureof termimacts ‡ Deli eration Conditions
roject ‡ Socio ‡ onitoring
economics
Alication Su mission
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

Identification
Sustaining ofimact

Corrective
and
onitoring
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 $irctrfYirt,)# *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%C22
‡ 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%C22
‡ 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%C22
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
| 
. The Place of Ecological Ethics in Culture
Celovas Kalenda
2. 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
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Pengarah Kementerian Sains,Teknologi dan Alam
Sekitar [ %2Currentawournal(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.%
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oundationIncvCommonwealth
[ % CR .
‡ An environmental grou
attemting to sto a roosed
uilding develoment with
regard to the validity of
urorted comliance with
certain environmental laws
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‡ 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.