Environmental rights in Malaysia : public participation under EIA

PhD ThesisThe objective of this study are: to examine the right of public participation in decision making under EIA law in Malaysia; to examine the existing limitations of public participation in decision making procedures under EIA; to examine the practice of public participation in EIA procedures; to examine public awareness of EIA and its implementation; to assess the importance of constitutional measures supporting public participation in environmental decision-making; and to examine prospects for law reform and changes in EIA law and planning procedures to improve both the level of public participation in EIA and the quality of decision making. This study adopted qualitative research. This involves at least seven data sources, which are Malaysian planning authorities, Departments of Environment (DoE), public in selected affected areas, Malaysian Non-Governmental Organisations (NGOs), EIA reports, statutes and law cases. The interview method has been used to generate data from the planning authorities, DoE, public and NGOs; and content analysis has been used while examining the EIA reports, statutes and law cases. This study identified significant lack of provision regarding right to access to information, ignorance of the EIA laws as well as its procedures on part of the public, inappropriate structured provision on right to public participation in EIA laws and restricted right to access to justice in environmental matters. It identified five significant limitations to the right to public participation; uncertainty of the EIA procedures and their uncertain legal status, limited access to information on EIA report, strict rule of standing, complexity of federal-state relationship, and lack of awareness among the public in Malaysia. In addition, this study found ignorance of the concept of ‘environmental rights’ on part of the decision makers and the public. This study concludes by highlighting the issues that need further investigation and proposes practical suggestions to the problems

The concept of environmental rights

The relationship between human and environment was first introduced in the declaration of the United Nations Conference on the Human Environment 1972. Later, the Rio Declaration 1992 strengthens the relationship with the concept of sustainable development. However, the word of 'environmental rights' was not explicitly mention. Examining both susbstantive and procedural environmental rights, this paper discusses the concept and recommends the practicability of having it

Akta Pengurusan Sisa Pepejal Dan Pembersihan Awam 2007: Satu pandangan

Isu pengurusan sisa pepejal merupakan salah satu masalah utama bagi negara-negara membangun. Malaysia tidak terkecuali daripada menanggung masalah ini. Menurut laporan Rancangan Malaysia Kesembilan 2006-2010, jumlah sisa pepejal yang dijana di Semenanjung Malaysia sahaja meningkat daripada 16,200 tan metrik sehari pada tahun 2001 kepada 19,100 tan metrik sehari pada tahun 2005. Jumlah ini dianggarkan akan meningkat ke 30,000 tan sehari pada tahun 2020. (Sumber: Kementerian Perumahan dan Kerajaan Tempatan, 2008) Kertas kerja ini membincangkan beberapa isu perundangan berhubung dengan peruntukan yang terkandung dalam Akta Pengurusan Sisa Pepejal Dan Pembersihan Awam 2007 (Akta 672) yang diluluskan dan diwartakan pada bulan Ogos 2007

Sisa pepejal dan pembersihan awam: pengurusan dan perundangan

Issues relating solid waste management are not a new issue in Malaysia. Starting with the jurisdiction given to the Local Authority, the jurisdiction to manage solid waste and public cleansing is now given to the Federal Government and implemented by the National Solid Waste Managenent Department, the Solid Waste and Public Cleansing Corporation and the contractors or licencees appointed.The takeover was meant to ensure the effectiveness of solid waste and public cleansing management thus reducing the environmental pollution caused by the weaknesses in the management and legislation. This article discusses two important aspects, that is, management and legislation of the solid waste and public cleansing by examining the provisions stated in the Solid Waste and Public Cleansing Management Act 2007

The challenges of local authority in Malaysia in assessment rates arrears collection

Assessment rates are one of the major revenues for the local authority in Malaysia.Assessment rates are collected by local authorities for the provision of services to the residents. However, low assessment rates collection but high assessment rates arrears become an issue among local authorities in Malaysia. This issue of rates arrears is a major issue that is getting serious every year and hard to solve. It stems from a variety of factors including legislation on local authorities), management and the administration of local authorities.This study aims to examine the factors of assessment rate arrears and to suggest and recommend how to overcome those obstacles. The scope of the study, however, is limited to the local authorities in the northern region of Malaysia only. The study employs sociolegal research where apart from library-based research, data is collected through interviews with Mayor or Council’s President, and senior officers from local councils in Penang, Kedah, and Perlis. The analysis of the data is conducted by using descriptive analysis. This study finds that there are four aspects that contribute to the high assessment rates arrears which are enforcement, legal, administration and management and economic. Thus, a few recommendations were proposed to local authorities in designing better approach in servicing the public as well as overcoming the highlighted issues

Kesedaran pelajar-pelajar UUM terhadap peruntukan-peruntukan berkaitan kebebasan asasi di bawah Perlembagaan Persekutuan

Perlembagaan Persekutuan adalah undang-undang utama di Malaysia. Dokumen undang-undang bertulis ini digubal oleh Suruhanjaya Reid berasaskan empat perkara iaitu raja berperlembagaan berdasarkan demokrasi berparlimen, kedua, federalisma, ketiga, hak-hak asasi dan keempat, kedudukan istimewa orang Melavu. Kajian ini menjurus kepada salah satu perkara tersebut iaitu hak asasi. Di dalam perlembagaan Persekutuan, peruntukan berkaitan hak asasi diperuntukkan di bawah Perkara 5 hingga 13. Di Malaysia, hak-hak asasi mula diperkatakan apabila Perlembagaan Persekutuan 1957 dikuatkuasakan. Pada masa kini terdapat pendapat yang mengatakan bahawa kesedaran terhadap hak asasi manusia semalnn meningkat di peringkat nasional. Oleh itu, objektif kajian ini adalah untuk mengkaji kesedaran pelajar-pelajar UUM berhubung kewujudan dan status Perlembagaan serta mengenalpasti pengetahuan dan pemahaman pelajar mengenai peruntuknn-peruntukan berkaitan kebebasan asasi di bawah Perlembagaan. Kajian ini adalah berbentuk penerokaan dan menggunakan analisis deskriptif untuk menjelaskan objektf kajian di mana 872 responden terlibat. Dapatan kajian menunjukkan hanya 52.7% responden sahaja yang mengetahui mengenai tarikh Perlembagaan diwujudkan. Sungguhpun demikian, berkaitan status Perlembagaan. majoriti responden mengetahui mengenainya di mana lebih daripada 90% responden mengetahuinya. Secara keseluruhannya, peratusan responden yang mempunyai pengetahuan berkaitan kebebasan asasi adalah tinggi

The Judiciary in Islamic Law, Palestinian Legislation, and Guarantees of Its Independence

The contemplating the constitutional and legal system of democratic countries, they unite on the principle of the independence of the judiciary until it became a constitutional principle related to the protection of human rights, which is a natural effect of the existence of a judiciary that stands on an equal footing with the legislative and executive authorities. The principle of the independence of the judiciary is considered the first principle of the general principles governing the work of the judiciary. The independence of the judiciary leads to its immunity by preventing the executive authority from intruding and interfering in its affairs and its work. The importance of this study is that it will clarify the extent to which the principle of the independence of the judiciary is applied in Islamic law compared to Palestinian legislation and the guarantees of this principle. To achieve the objective of this paper, legal socio-legal research was adopted using the qualitative approach to analyse relevant Islamic law and Palestinian legislative texts. The study concluded that the administration and structure of the judiciary in Islamic law differs from Palestinian legislation in terms of the extent of application of the principle of the independence of the judiciary

Punishment for polluting inland water: case of corporations

Water pollution is among the common environmental problems where industrialization is identified as one of its reasons. Industrial activities by corporations produce by-products and wastes and this has intensely caused harm to the environment. As a non-science mechanism, law and legislations function to control environmental problem by, among others, imposing punishment. This article studies the punishment for polluting water that imposed by court towards the corporations. The observations are made to the penalty’s provisions of the Environmental Quality Act 1974, the main environmental statute in Malaysia, and penalties imposed by court. The cases of water pollution are obtained from the records of Department of Environment Malaysia for a three-year period, from 2013 until 2015. The study found that there was a wide gap between the maximum punishment by law and penalties positioned by court, and the corporations opted for fines. It is therefore suggested for a stiffer and more appropriate punishment imposed on the corporations as well as individuals behind it for an effective implementation. It should not just higher fine but imprisonment can be made possible so that the law would function as a control mechanism that can curb, shape, manage and regulate the society

Safeguarding democratically elected local government councils in Nigeria from abuse

Nigeria is a country that practices constitutional democracy. The 1999 Constitution (As Amended) being a fundamental law, prevails over other inconsistent legislations. The country is a geographical entity divided into 36 states. Each of the states has a certain number of local government councils constitutionally provided. The Grundnorm makes it compulsory for the local government councils to be democratically governed. State Governments are empowered to ensure, there is a law in existence, to regulate the administrative and financial structure of the local government councils. The executive and legislature at the state level, have unfortunately devised a mode of circumventing the constitutional provisions which guaranteed democratically elected local government councils. It is the objective of this conceptual paper, to analyse the constitutional powers of the state governments to control the local government councils. The paper argues that the Code of Conduct Tribunal, being a quasi-adjudicatory body, has the power to sanction public officers who abuse their powers. Invoking the Tribunal’s jurisdiction by subjecting public officers to trial for the abuse will play a vital role in deterring the State Governors and Members of the State House of Assembly from the infraction of the constitutional provisions. This role will go a long way in safeguarding democratically elected local government councils as constitutionally guaranteed in Nigeria

Punishment for inland water pollution under the Environmental Quality (Industrial effluent) Regulation 2009

Inland water pollution becomes an important issue today. Furthermore, if this pollution is carried out by a large business organization and able to pay the penalty in the form of money. There is a legal framework governing the inland water pollution penalties, namely the Environmental Quality Act 1974 and its regulations including the Environmental Quality (Industrial Effluent) Regulations 2009. Therefore, this article was written to study the provisions of the law under the Environmental Quality (Industrial Effluent) Regulations 2009 as well as kind of punishment from cases that have been decided by the court in respect ofinland water pollution on companies. The findings show that the punishment provided by law is sufficient. However, the fine imposed by the court is relatively low and the percentage of cases which involved imprisonment is extremely small