BVT 2612 Environmental Law

20/06/2013

Environmental Law
1972s United Nations Conference on The Human

Environment declared that the natural resources of

the earth including air , water, land, flora and
faunamust be safeguarded for the benefit of
present and future generations
Section 2 of EQA 1974 , environment is defined as
the physical factors of the surroundings of the
human beings including land, water, atmosphere,
climate, sound, odor, taste, the biological factors of
animals and plants and the social factors of aesthetic.

Types of Environmental Law

Aboriginal/Customary Law

- Aranda tribe in Australia has a ceremonial site,

Pinara Kutata and 1.5 Km or more area around them
is a protected area. Creating flora and fauna
sanctuary.
- Agricultural practices of burning only small areas of
land for cultivation, done at different times over a
period of certain months.

Cont
Environmental law in religion

- Christian Theology justify humanitys dominion over

the earth-colonialism. Its gods given duty and right.
- Holy Quran states that men are sent down to earth
as vicegerent.
- In Buddhism, humans are considered as part of
living world rather than superior to it. Moral
compass will point at all the good environmental
ethics.

Cont
English Law and property right.

- Anybody can do whatever she or he likes on their

own land as long as it is done without interfering of
anothers land.
vs.
- Environmental law theory of landowner have the
right to use their property freely, but subject to
certain control (ie. Duty of care)

Cont
Judge- made law (Judicial Precedent)
State Law and Environmental Protection
Delegated Legislation
International Law

Policy Making Bodies

The Department of Environment
Starting from the Division of Environment back in 15 th

September 1975.
The Department of Environment is the principal agency
entrusted to administer the Act. The Minister of Science,
Technology and Environment, pursuant to the powers
conferred on him by the EQA 1974, enacted the
Environmental
Quality
(Prescribed
Activities)
(Environmental Impact Assessment) Order 1987 that
came into effect in 1988. The EIA Order 1987 was
introduced to ensure the activities prescribed in the
schedule to the EIA Order 1987 conduct an
environmental impact assessment (EIA) process for
prescribed activities.

Cont
EIA process will enable the decision makers to assess

the impact of a proposed development project on the

environment and the mitigating measures to reduce
the risk and impact of such process on the
environment.

Cont
EiMAS (Environment Institute of Malaysia)
Dedicated to achieve excellence in Environmental

protection efforts through its human resource

development programme and other programmes
that will contribute towards achieving solutions to
Environmental problem in the context of providing a
clean and healthy environment for human living.

Cont
Apart from enhancing the manpower development

programme needed for controlling and preventing

environmental pollution, EiMASs activities will also
contribute towards assisting DOE in raising the level
of public awareness on the importance of
environmental conservation efforts. Programmes
implemented by EiMAS will provide opportunities
for DOE to partner other interested parties especially
the industrial sector in Malaysia, which amongst
others are responsible for environmental pollution in
the country.

Cont
Environmental Quality Council
Established under Section 4(1) of the Environmental

Quality Act, 1974, and launched on 12 April 1977,

advising the Minister of Science, Technology and the
Environment on matters pertaining to the Act and also
on any matters referred to it by the Minister.
The Council provides policy guidance to the Department
of Environment in the formulation of policies and
strategies towards a more holistic approach to
environmental management. Council members are
appointed by the Minister from the academia, the State
governments, federal agencies, the industrial sector and
non-governmental organizations.

Cont
Priority is given to enforcement issues and the

strengthening of environmental legislation such as:

amendments to the Environmental Quality Act,
the expansion of the EIA Order and the development
of specific sectoral guidelines for EIA-prescribed
activities;
the state of the environment vis--vis monitoring
and surveillance programmes and privatization
proposals;
and the emerging problems of toxic and hazardous
wastes associated with industrialization.

Sustainable Development
Continuing simultaneously the need for environment

preservation and for economic activity.

In theory sustainable development meets the needs
of present generation without compromising the
ability of future generation to meet their needs

Cont
The

World Commission on Environment and

Development (WCED) was established by the
General Assembly of UN at the end of 1983.
The first report of WCED (Control exploitations of
the materials) has placed the issue of environment
and development squarely on the world stage.

Duties of WCED
To examine the critical issues of the environment

and development and to formulate proposal for

action to deal with them.
To
strengthen international cooperation on
environment and development and assess now from
of cooperation, and
To raise the level of understanding on the part of all
sectors of the international committee.

From sustainable development to ecologically

sustainable development.
Changing from quantitative growth to qualitative

growth
Human needs are met at both international and
national levels.
Ensuring sustainable level of population
Conserving and enhancing the resource base
Environmentally appropriate technologies
Environmental considerations adequately taken into
account of economic decisions.

Sustainable Development and the Law (WCEDs

Legal Principles))
Article 1 Fundamental Human Right. All human

beings have the fundamental rights to an

environment adequate for their health and well
being.
Article 2 Conservation for present and future
generation. States shall ensure that the environment
and natural resources are conserved and used for the
benefit of present and future generation.
Article 3 Responsibility of a state. Ecosystems,
related ecological processes, biological diversity, and
sustainability.

Sustainable living
Concepts taken from the book Caring for the Earth:

A strategy for Sustainable Living (1991)

Respect and care for the community of life
Improvement of the quality of human life
Conservation of Earth vitality and diversity
Minimization of the depletion of non-renewable
resources.
Keeping within the Earths carrying capacity.
Changing personal attitudes and practices.

Cont
Enabling

communities to care for their own

environment.
Provision of a national framework for integrating
development and conservation.
Creation of global alliance.

End of slides.