Strict liability versus policy and regulation for environmental protection and agricultural waste management in Malaysia

Basically, strict liability is part of the mechanism for expressing judgment or sentence by using direct evidence. This principle is very useful in order to obtain remedies from any damage either directly or indirectly. The principle in Rylands v Fletcher is responsible on imposing strict liability where if something brought onto land or collected there escapes liability under this rule can include not only the owner of land but also those who control or occupation on it. However, as a matter of fact, policy and regulation are also important in taking any action against any party who are responsible for environmental pollution or damage, which may include mismanagement of waste or industrial waste or agricultural waste. There are certain policies and regulations on environmental protection such as the National Environmental Policy, certain Acts and several regulations under the Environmental Quality Act 1974 (Act 127), which are very useful for agricultural waste management inter alia: Waters Act 1920 (Act 418), Environmental Quality (Prescribed Premises) (Crude Palm Oil) Regulations 1977, Environmental Quality (Prescribed Premises) (Raw Natural Rubber) Regulations 1978, Environmental Quality (Sewage and Industrial Effluents) Regulations 1979, and Environmental Quality (Compounding of Offences) Rules 1978. As a matter of fact, we should realize that time is of an essence for any parties which are involved in court cases and especially in avoiding the element of externality, which is commonly suffered by the government. In making this paper, therefore, some element of comparison with certain developed jurisdiction such as in the United Kingdom and Japan could not be avoided in order to obtain better outcome and to be more practical for the purpose of environmental protection and agricultural waste management

Objection hearing on property assessment rate charges in Malaysia.

The Local Authority Act 171 of 1976 intended fairness by incorporating provisions for seeking redress by property owners who are not satisfied with rates imposed on them based on the assessed value of their properties. This redress is sought by means of filing objections to the local authority concerned, it is then studied and a fair hearing given to the appellant before a decision is taken. The study was conducted, using a semi structuredinterview guide by interviewing the valuation officers about the various reasons for objections, Documents were sought to study past reasons filed by appellants and later triangulated with observation during hearing sessions of the local authorities to a point of saturation. It was found that greater proportion of objections were based on non satisfactory service delivery by the local authorities with only a few on in ability to pay

Evaluation of safety and health performance on construction sites (Kuala Lumpur).

Occupational safety and health Act (Act 514) obligate each employer to provide and maintain a safe and healthful workplace for all his employees. Construction is a risky business with a lot of injuries and illness, due to poor safety performances. The aim of the study is to investigate the safety and health performance of contractors on construction sites. A comparative and sensitivity analysis conducted reveal that as allocation to the construction increases so also the rate of accidents increases and that fatal accidents contribute more to the total accidents rates, as such there is need to assess the performance of contractors as regard to safety and health operation. The result of the SHASSIC score reveal that the sites consider for the study were 3 – star in ranking, were its risks/hazards activities are well managed and documented, but still there are other risks/hazards activities that are not taken care off due to negligent on the side of the contractors. The finding affirm the importance of safety program in construction site, as such to ensure successful implementation of the safety program, the following condition must be made; management commitment, safe work condition and safe work habit

Comparative Analysis of Property Rate Charge between Local Authorities in Peninsular Malaysia

The local authority Act 171 of 1976 intended uniformity in operations among local authorities, however, certain provisions were observed as hindrance to attainment of its objective thus the basis of the study. The study was conducted on a qualitative approach using purposive sampling technique with valuation officers to local authorities as respondents for interview. Documents were sought and acquired from local authorities, analyzed and used as triangulation to interview. Data was transcribed before categorization, sub-themes were found and refined before the final themes were formulated. Findings revealed non uniformity in operation within local authorities especially on areas of percentage rate charges and classification of properties/uses based on which rates percentages were applied thus diversity within intended uniformity. Keywords:    Rating, taxation, fairness, vertical, horizonta

Current practices of clinical waste management in private clinics, Selangor, Malaysia

Clinical waste comes from different sources, including hospitals, clinics, medical and dental surgeries, etc. Clinical waste is potentially dangerous therefore it is important to practice special caution in the handling and management of clinical waste in order to minimize its potential danger to public health or pollution to the environment. Management of clinical waste continues to be a major challenge in most healthcare facilities of the developing world. The definition of clinical waste has historically been used to describe waste produced from healthcare and similar activities that pose a risk of infection or that may prove hazardous. Lack of appropriate legislation, lack of specialized clinical staff and lack of awareness and effective control are the main reasons of the mismanagement of clinical waste in most of the cases. The aim of this study is to determine the clinical waste composition and its management system in private clinics of Selangor, Malaysia. A number of private clinics in Selangor was selected using simple random sampling method for this study. An appropriately designed questionnaire and semi-structured interview used for the purpose of data collection. The quantity of CW generated from most of the private clinic is less than 1 kg/day which would increase the possibility of disposing CW as general waste and at the same time the monitoring of CWM in private clinic is insufficient. The results of this study give a comprehensive understanding of current clinical waste composition and its management system in Selangor and therefore there are rooms for improvement

Property Rating in Ipoh - Malaysia

Property rating is a constitutional practice broken down to a workable policy by the enactment of Act 171 of 1976 which empowers all local authorities in Malaysia to levy property rates based on the assessed value of the properties whether by annual or improved value approach. Whatever approach is adopted, there are international established methods and standards of valuation of properties for rating purpose. This paper concentrate on the conventional methods of valuation as is the practice in the study area since the study is specifically to have an in depth understanding of the practice with a view to advancing recommendation for improvements. Paramount to appreciate is that, the computer aided mass appraisal of properties depends on these conventional methods to develop a data bank upon which it can rely thus the utilization of conventional methods cannot be discarded. The study was conducted qualitatively with in depth interview with the valuation officers as the primary tool and documents analysis is employed for triangulation. The study revealed manipulation of process by the political leaders for personal interest against the national interest while the need for professional training of the staffers is required to sufficiently appreciate, thoroughly understand and interpret the requirements for the application of the various methods of valuation as appropriate on classes of properties or uses. Keywords: Valuation, Rating, Act, Methods, Approac

Evaluation approach in the practice of sustainability from cultural landscape perspective: a case study of Masjid Kampung Kling, Malacca

The purpose of this paper is to view sustainability practice from the perspective of cultural landscape by looking at Masjid Kampung Kling, Malacca. The selected mosque is a traditional building gazetted under National Antiquity Act (2005) and is located within the area of UNESCO World Heritage Site. A qualitative case study was used in uncovering the practice of sustainability. The cultural landscape approach has guided the study by questioning the meanings embedded within the traditional mosque’s features thus providing a new angle of viewing the landscape as a social expression of symbols, icons, and metaphors. Concepts of sustainability and cultural landscape were reviewed for acquiring the sense of connection with each other. As for evidence, data was collected from several series of observation and interviews. Masjid Kampung Kling can be seen as a sub-cosmic from an enormous multi-culture of Malacca. Findings from the study suggested that the mosque has the portrayal of practical sustainability practice by both the contextual mean and testimonial proof. The sustainability practice can be viewed from three significance values of cultural landscape of the mosque namely (1) history (2) architecture and (3) archaeology. Current management should recognise Masjid Kampung Kling and other traditional mosques in general, for having the potential to present sustainability from cultural landscape perspective. Though Masjid Kampung Kling is already known as tourist attraction, concept improvement in the context of tourism will definitely add more values especially for academic and learning purpose

Barriers to practice of non-hazardous solid waste minimization by industries in Malaysia

The practice of waste minimization plays a significant role in sustainable development as the most acceptable method in the waste management hierarchy. This paper is a case study research on industrial non-hazardous wastes generated from different industrial activities in one of the major Malaysian industrial areas. This study is aimed at identifying the barriers of waste minimization practices in Malaysian industries. The combination of quantitative and qualitative methods were applied in the study through the use of a structured questionnaire prepared on Likert scale and semi-structured interviews with respondents across thirty (30) factories. Data collected through the questionnaire was analyzed using software and severity index tool. Findings reveal the barriers faced in practicing waste minimization by industries include the lack of time for separation of waste, absence of guidelines, regulations and limited accurate knowledge with severity index range of 62.5<=SI< 87.5, which were considered to be serious issues. Through the application of suitable educational and awareness programs for industrial stakeholders, an effective waste minimization practice can be achieved