FARHANA MOHAMMED ISA (2019658866)
NORZAIHAN MAD ZIN (2020392719)
MAZLIYANI BT MAZLAN (2020391063)
Team members
CONTENTS 01 INTRODUCTION………4 STUDY: PENANG SOUTH 02 CASE ISLAND RECLAMATION (PSR) 03 04
MEGAPROJECT……….10 CURRENT MALAYSIAN ENVIRONMENTAL LAWS AND POLICIES ……………25 POTENTIALITIES AND CONSTRAINTS OF THESE LEGISLATIONS……….34
05 CONCLUSION &
WAY FORWARD………..38
INTRODUCTION
Malaysia is a signatory to the ASEAN Declaration on Environmental Sustainability which, inter alia, declared to “promote conservation and sustainable management of key ecosystems, including forests, coastal and marine habitats and to increase the cumulative forest cover in the ASEAN region by at least 10 million hectares by 2020�. Source: https://asean.org/?static_post=asean-declaration-on-environmental-sustainability
“Asia’s growth is tremendously dirty, polluting, damaging and carbon intensive.� Sachs said the situation is no different in Malaysia that while on the path of development, it is not developing sustainably. He added that Malaysia has remarkable bio and cultural diversity, but they are not being adequately protected. (Jeffrey D. Sachs, 2012)
Penang was originally founded by Captain Francis Light when he took possession of the land on behalf of East Indian Trading Company on year 1786. In the year of 2008, Penang has listed as UNESCO World Cultural Heritage Site. According to UNESCO, the awarded are based on ; "The protective measures for the properties are adequate. Both towns exhibit a generally acceptable state of conservation, although efforts are required to ensure the conservation of shophouses. The management plans and structures are adequate, and can be enhanced through the continuing conservation programs of the State Party."
P R E S E R V E
RAPID URBANISATION
INDUSTRALIZATION
WIDE AND SHALLOW WATER AT THE COASTLINE
DEMAND FOR PRIME LAND IN COASTAL CITIES
FINANCIAL ADVANTAGES
CASE STUDY: PENANG SOUTH ISLAND RECLAMATION (PSR) MEGAPROJECT
Project owner and PDP Penang State Government owned this project. The Project delivery partner (PDP) is SRS CONSORTIUM which consists of GAMUDA, Ideal Property, and Loh Phoy Yen Holdings. SRS manages the two mega projects, PSR and PTMP and the State Government pays SRS a 6% fee based on the construction cost PSR (RM11billion for reclamation works)
Penang Transport Master Plan (PTMP) The PSR was to fund the RM46 billion Penang Transport Master Plan (PTMP). The reclaimed islands will belong fully to State Government but most of the land will be auctioned off to fund PTMP so the transport plan could be entirely self- funded Bayan Lepas Free Industrial Zone and Affordable Housing
PSR is assumed to solve rising property prices and shortage of quality affordable housing.. PSR also planned for the Bayan Lepas Industrial Zone expansion and reduce development pressure in George Town.
Background of PSR megaproject
The benefits of PSR New Urban Land : 4,500 acres (1,821 hectares) the three islands bring together mixed-use districts of 15,000 to 18,000 residents across 50 to 500 acres, and a continuous 50 to 100m buffer around each district, establishing habitat connectivity and supporting edge ecologies in reserves, parks, corridors and urban plazas.
Creating Jobs opportunity & high income living To become a high income state, embracing the digital age and industry 4.0. Creating more diversification in tourism, agriculture and manufacturing drivers.
Tourism Destination Targeting average tourism spending as well as new international high-value destination products
Attracts investors to fund the PTMP projects Invest in the built environment to improve resilience, to address car dependency and urban sprawl and also to fund the Penang Transport Master Plan (PTMP)
No Poverty
Decent Work and Economic Growth
Climate Action
Industry, Innovation and Infrastructure
Life Below Water
Reduce Inequalities
Life On Land
Sustainable Cities and Communities
Peace, Justice, and Strong Institutions
J. W. S. Zeng, 2020)
Responsible Consumption and Production
Partnerships
“a playground for city planners and architects to give their best design� a mixed development project.
continuation and expansion of the Bayan Lepas Free Industrial Zone (FIZ)
Penang South Islands International Masterplan Competition was launch in November 2019, and recently, the winner was announced in August 2020. BIG, hijjas + ramboll win competition , an international architecture firm in collaborations with local well-known architect. (Penang2030)
The winning proposal of the PSR masterplan
“biodivercity” Biodivercity” will have an integrated system of localized water resources, renewable energy and waste management, tied altogether in a human-made ecosystem. rather than design a city for cars, we designed biodivercity for waterways, rail and different kinds of personal mobility, forming a multi-modal environment of movement.
‘the channels’, ‘the mangroves’, and ‘the laguna’. The three complementary phases of construction: in phase 1, active destinations include a wave pool and technology park; in phase 2, a civic heart establishes governance and research institutions in the area; and in phase 3, a cultural coast builds upon the heritage and vibrant creative energy of penang’s george town to create a regional and international draw.
THE CONCEPT “urban mosaic” It will provide residents with approximately 4.6 km of public beaches, 600 acres of parks, and a 25 km waterfront. The project is conceived as an urban mosaic of three diverse islands with a clear focus on livability, environmental sustainability, and social and economic inclusivity. The three islands bring together mixed-use districts of 15,000 to 18,000 residents across 50 to 500 acres, and a continuous 50 to 100m buffer around each district, establishing habitat connectivity and supporting edge ecologies in reserves, parks, corridors and urban plazas. “the channels”
Meanwhile, newly established marine habitats support biodiversity underwater by providing spawning grounds for native species, and recreational points and hatcheries support the local communities along Penang’s southern coast.
Eight smaller islands form a miniature archipelago, where floating, stilted and terraced housing takes advantage of the natural setting
The phases of construction: 1- active destinations include a wave pool and technology park; 2- a civic heart establishes governance and research institutions in the area; 3- a cultural coast builds upon the heritage and vibrant creative energy of Penang’s George Town
Forest reserves are connected to coastal beaches through a web of ecological corridors. within humanpopulated areas, animals are given safe passage through the continuous canopy and waterways, and within natural habitats, people can safely access elevated boardwalks.
Environmental consideration The greatest concern on the coastal land reclamation project is the impact on the natural environment. Experienced engineers have no difficulty in designing and constructing coastal land reclamation works but few can claim the complete mitigation solution to ensure there is NO IMPACT ON THE ENVIROMENT. Damage to sensitive marine eco-system and habitat The reclamation projects leads to disturbance on the hydrodynamic regime and the marine eco-system by pumping material from offshore seabed into the are to be reclaimed using dredger and pipeline system. The magnitude of the impact are hardly predicted and quantify. Foreshore area richest (species and numbers) in plankton & annelids (marine worms) Loss of mangrove / wetlands
Mangroves held in creating new land, combating erosion and is the breeding ground for various fishes, prawn and crabs S. Abdullah & H. K Loi (1992)
The ugly truth‌‌
#penangtolaktambak
JEOPARDIZE THE FOOD SECURITY
CHANGES OF NATURAL GEOGRAPHY
CLIMATE CHANGE
INCOME GAP BETWEEN POOR AND RICH
SOCIAL - ECONOMIC IMPACT ON THE LOCAL PEOPLE
COASTAL POLLUTION
FISHERMEN LOST THEIR MAIN INCOME (Especially the small-scale fisheries )
HIGH IMPACT ON CARBON EMISSION
DECONSTRUCTION OF THE COASTAL AND MARINE ECOSYSTEM
UNAFFORDABLE HOUSING SCHEME FOR LOCAL
The reason of objections of PSR megaproject The impacts of sand-mining will also be felt in Perak. The deep seabed (benthic zone) will be dredged and destroyed. As in the northern reclamation, the fishermen in Penang and an additional 6,080 fishermen in Perak will be pulling out mud and rocks, tearing holes in their fishing nets. Penang’s pristine southern beaches will be ruined The coastal environment of Permatang Damar Laut, Gertak Sanggul and Teluk Kumbar will be wrecked by reclamation and pollution. Locals will lose their recreational beaches and seaviews. Penang’s ecotourism reputation will be tainted by this irresponsible project. Coastal habitats and Life Below Water (SDG 14) will be devastated The nesting patterns of the IUCN-listed "vulnerable" Olive Ridley Turtle (Penyu Lipas) and the playground of the Indo-Pacific Humpback Dolphin and the Indo-Pacific Finless Porpoise will be disrupted. Contamination is likely to reach the coral-rich Pulau Kendi. Marine biodiversity for miles around will be stressed and depleted.
This reclamation will destroy the richest fishery in Penang. In view of rapid fish depletion worldwide, this coastal fish bank is our food security. It supplies local needs as well as Penang’s food and tourism industry. Once destroyed, seafood prices will hike beyond what the average Penangite can afford
The livelihoods of 4,817 inshore fishermen are at stake These fishermen have staged repeated protests, the biggest being 1,500 fishermen from 14 associations in Pantai Sungai Batu, Teluk Kumbar (Berita Harian, 13.12.2015), the most recent in early 2019. Fishermen’s experience with the STP2 northern reclamation shows that they have not been well protected by the Penang government, despite reassurances.
The project is environmentally reckless in the face of climate crisis While claiming to target 40% reduction, the reclamation project will generate an additional 3.2 million tons of carbon emissions annually (source, 18 Nasihat, 18 April 2019)
The RM46 billion Penang Transport Master Plan (PTMP) is a poor excuse for reclamation. The reclamation and land sales are purportedly a means to pay for the implementation of the PTMP to ease traffic congestion. But the present version of the PTMP is fundamentally flawed, consisting of a slew of expensive projects rather than viable, integrated solutions.
OTHERS RECLAMATION PROJECTS IN PENANG. 1) QUEENS WATERFRONT AT BAYAN BARU. A new commercial development by IDEAL Property Group is located just right beside of Queensbay Mall. With a total gross development value (GDV) of RM2.15 billion, the development will comprise an 11.74-acre residential component known as Queens Residences, a 6.1-acre marina, a waterfront promenade known as Queens Waterfront Promenade, the Queens Sports Centre and an international school.
Artist’s Impression by Ideal Property Group Photo taken on 25th Oct. 2020
OTHERS RECLAMATION PROJECTS IN PENANG. 2) SRI TANJUNG PINANG AT TANJONG TOKONG. This is among the biggest reclamation projects in Penang done by Eastern & Oriental Berhad (E&O) through Tanjung Pinang Development. Starting with Sri Tanjung Pinang 1 ( STP1) which was completed in 2005. Then is continue with phase 2 of the development which is Sri Tanjung Pinang 2 (STP2) which are yet achieve their target completion date on 2019.
The proposed reclamation development
(Left & Center photos) STP 1 in 1996 (Right photo) STP 1 in 2015
OTHERS RECLAMATION PROJECTS IN PENANG.
Photo taken on March 2019 (retrieve from TPD website) The proposed reclamation development Land reclamation project for Gurney Wharf are still in progress. Photo taken on 25th Oct. 2020
CURRENT MALAYSIAN ENVIRONMENTAL LAWS AND POLICIES
In order to cope with the environmental problems, the Government of Malaysia has passed some important environmental laws and policies. There are at least 39 laws related to the environmental matters and various regulations, rules and orders passed for the purpose of environmental protection in Malaysia. These laws are passed and implemented by the federal and state governments.
Environmental Quality Act 1974 An Act relating to the prevention, abatement, control of pollution and enhancement of the environment, and for purposes connected therewith. The Director General of Environmental Quality has been appointed by the Minister to administer this Act and any regulations and orders made thereunder
The acts divided into the following Parts: Preliminary
1
2 Administration
The Environment Quality Act 1974 is a landmark creating the Department of Environment incorporating the cross-sectoral concerns into the body of legislation.
Appeal and Appeal Board
Licenses
3
4
5
Prohibition and Control of Pollution
6 Miscellaneous
National Policy on the Environmental (NEP/DASN) Malaysia’s environment and resource management is guided by the National Policy on the Environmental (NEP) which was launched on October 2, 2002. In recognition of the importance of integrating environmental issues in the overall framework of development, the NEP set out principles and strategies necessary to ensure that the environment remains productive, both ecologically and economically.
Objectives are to achieves
There are eight (8) principles listed under DASN to harmonies economic development goals with environmental imperatives: Stewardship of the Environment
2
Conservation of Nature’s Vitality and Diversity
Continuous Improvement in the Quality of the Environment
4
Corruption
3
Sustainable Use of Natural Resources
01
A clean environment, safe, healthy and productive environment for present and future generations.
02
Sustainable lifestyles and patterns of consumption and production.
Role of the Private Sector
Commitment and Accountability
03
Conservation of country’s unique and diverse cultural and natural heritage with effective participation by all sectors of society, and
3 6 8
1
Integrated Decision-Making
Active Participation in the International Community
5 7
Environmental Impact Assessment (EIA) The EIA was introduced in the EQA in 1986. It has now become an important part of the environmental law scene. All prescribed activities need to obtain EIA approval from the Director General of Environment prior to the giving of approval by the relevant Federal or State Government authority for the implementation of the project. The Approving Authority is the Government Authority that has the task of deciding, whether or not a project should proceed. Due to the sensitivity of the project and polluting potential (significant impacts) from the construction and/or operations, some of the prescribed activities have been required to go through the Detailed EIA Procedures which involves public participation.
Objectives of EIA are
01 To examine and select the best from the project options available;
02 To identify, predict and assess significant residual environmental impacts;
03
04
To recommend and incorporate into the project plan, appropriate abatement and mitigating measures; and
To identify the environmental costs and benefits of the project to the community.
Environmental Impact Assessment (EIA) Procedure Preliminary assessment
01
This should be initiated during the early stages of project planning. It might be conducted "in house or by a consultant. The assessor and the EIA consultant will normally have informal meetings to obtain some verifications or certain important feedback pertaining to some aspect of the study before the result of that study are reported formally for examination and approval by the approving authority and the Director General of Environmental Quality.
Detailed assessment
02
This is carried out for those prescribed activities for which significant residual environmental impacts have been predicted in the preliminary assessment. It should continue during project planning until the project plan is finalized
The results of the assessment are reported formally for examination and approval.
Review
03
The review of the detailed assessment is done by an independent Review Panel, established specifically for the project of concern and comprising of members from relevant disciplines and chaired by the Director General of Environmental Quality. The panel may ask suitable experts for their specialist advice on specific aspects of any project under review. Comments are also invited from concerned environmental-related agencies and from the public.
Sequence of activities required for planning approval and compliance with environmental approval conditions and indicates who is responsible for various activities
APPLICATION PROCEDURE FOR ENVIRONMENTAL REQUIREMENTS IN MALAYSIA STEP 03 STEP 02 STEP 01 Site Suitability Evaluation (for non-Prescribed Activities). EIA Approval (for Prescribed Activities).
Licence to occupy: Crude Palm Oil Mills.
Activities subject to air and water pollution control: Written Permission (Air). Written Notification (Sewage, Industrial Effluent, Leachate). Written Approval (Prescribed Premises: Crude Palm Oil Mills, Raw Natural Rubber Mills, Scheduled Wastes Facilities)
Raw Natural Rubber Factories. Scheduled Waste Treatment and Disposal Activities Prescribed Conveyance
Malaysian Environmental Laws 1. Environmental Quality Act 1974 (Act 127) 2. Atomic Energy Licensing Act 1984 3. Biosafety Act 2007 4. Drainage Works Act 1954 5. Fisheries Act 1985 6. International Trade In Endangered Species Act 2008 7. Irrigation Areas Act 1953 8. Land Conservation Act 1960 9. Local Government Act 1979 10. Merchant Shipping (Oil Pollution) Act 1994 11. National Forestry Act 1984 12. National Park Act 1980 13. Parks Enactment 1984 14. Plant Quarantine Act 1976 15. Pearl Oyster Shell Fishery Ordinance (Sabah Ordinance) 16. Pesticides Act 1974 17. Protection of Wildlife Act 1972 18. Radioactive Substance Act 1968 19. Sewerage Services Act 1993
20. Street, Drainage and Building Act 1974 21. Town and Country Planning Act 1976 22. Water Enactment 1920 (Revised) Act 1979 23. Water Services Industries Act 2006 24. Wildlife Conservation Act 2010 25. Sabah Animal Ordinance 1962 26. Sabah Biodiversity Enactment 2000 27. Sabah Drainage and Irrigation Ordinance 1956 28. Sabah Environment Protection Enactment 2002 29. Sabah Forest Enactment 1968 30. Sabah Mining Ordinance 1960 31. Sabah Wildlife Conservation Enactment 1997 32. Sarawak Biodiversity Centre Ordinance 1997 33. Sarawak Forest Ordinance 1954 34. Sarawak Natural Resources and Environment (Amendment) Ordinance 2001
POTENTIALITIES AND CONSTRAINTS OF THESE LEGISLATIONS
Exclusive power by the federal government To establish powers to be exercised exclusively by the federal government and it does not depend on parallel enactments for its effectiveness within state boundaries.
A
Public interest litigation To welcome public interest litigation on behalf of “generations yet unborn� Cooperation between the federal and state government To have a proper agency and legislation and good cooperation between the federal and state government, in hope that the environmental problem in Malaysia can be controlled effectively. Speedy and inexpensive procedure A speedy and inexpensive procedure for the enforcement of environmental rights and duties. Role of the courts To establish the role of the courts and its influence on the environmental law enforcement and compliance of natural resource
B
C
B
D
C
E
Systematic legislations To be systematically harmonized or fine-tuned the legislations to ensure their smooth implementation, locally and internationally.
D
E
F A. H. Embong (2015)
A. H. Embong (2015)
F
Legislation insufficient
1
Lack of enforcement to ensure the legislation and environmental management plan implemented as per plan
Not sufficient legislation governing the coastal zone and marine area, and most of Environmental Laws and policy are an act that control the developments with minimal impacts to environment and not to stop destruction to natural environment.
No SOP
2
Corruption Corruption (or complacency) of our enforcement officials and politicians
no standard procedures that apply to criminal environmental cases and the procedures are essentially the same with the normal criminal cases
Light sentences
4
Lack of enforcement
3
the Malaysian courts were criticized for imposing light sentences against environmental offenders and poor judicial awareness in protecting our marine wildlife against destruction of marine and water pollution
Ecological complexity
6
The complexity of Malaysia’s ecology has also been a challenge to ensure consistent monitoring of enforcement
A. H. Embong (2015)
5
It is not a prerequisite to developmental projects. 01
02
The fact remains that projects do go on without the said approval as what happened in the case of Tenggara Gugusan Holidays Sdn Bhd v Public Prosecutor a case regarding a resort project on the beach of Kampung Pulau Kerengga, Marang, Terengganu. Although the crux of the decision was the definition of "any person"," the case was brought to court because the EIA report was completed after the project itself was completed, thus making a mockery of the process as well as being in breach of the EQA.
There is a conflict of interest in the writing of the EIA report as the consultants who prepare the report are hired by the development company. The DOE has a list of consultants which they endorse, but a developer is free to choose his own. It does not take a large stretch of the imagination to see that a consultant is highly unlikely going to prepare an unfavorable report for the very person who is paying him.
03
There are too many loopholes in the criteria of projects that require an ElA report. For example housing projects only need an EIA report if they are over 50 hectares in size." All it takes is for a developer to break his project into smaller lots and he can in that way circumvent the EIA requirement.
CONCLUSION & WAY FORWARD
list of references S. Abdullah & H. K Loi (1992), Coastal Reclamation In Malaysia retrieved from https://www.water.gov.my /jps/resources/auto%20download%20images/5844e2d67f042.pdf Dr. Nik & Associates Sdn. Bhd (2017) , Environmental Impact Assessment 2nd Schedule Study for the proposed Reclamation & dredging works for the penang south reclamation (PSR) retrieved from http://anyflip.com/zxcu/zmtw E. Teh (2019) What is the Penang South Reclamation (PSR)?, in A penang forum series, reclamation : a ticking time bomb, retrieved from https://penangforum.files.wordpress.com/2019/09/what-is-the-penang-southreclamation-psr-1-2.pdf S . Y Chee et all (2017) Land reclamation and artificial islands: Walking the tightrope between development and conservation. J. W. S. Zeng,(2020), Evaluating the Penang South Reclamation (PSR) Project According to the United Nations’ Sustainable Development Goals retrieved from https://penanginstitute.org/publications/issues/ evaluating-the-penang-south-reclamation-psr-project-according-to-the-united-nations-sustainable-developmentgoals/ S. Khoo (2020), Save Penang! Reject the 3-Islands Reclamation! retrieved from https://www.change.org/p /prime-minister-of-malaysia-save-penang-reject-the-3-islands-reclamation?signed=true A.H. Embong (2015) , Environmental Justice In Malaysia: Issues And Challenges N. Mohammad ( 2011), Environmental Law and Policy Practices in Malaysia: An Empirical Study S.Loone (2017), EIA report on Penang reclamation projectfinally on display, retrieved from https://www.malaysiakini.com/news/383384
list of references A. Dermawan (2019), Penang details 72 DoE conditions for PSR project, The New Straits Times, https://www.nst.com.my/news/nation/2019/07/504839/penang-details-72-doe-conditions-psr-project
https://www.malaysiakini.com/letters/496247 https://pg-mdc.com/main/
https://www.lonelyplanet.com/articles/biodivercity-malaysia https://www.hmetro.com.my/mutakhir/2019/11/513817/bantahan-nelayan-aktivis-tolak-tambak-metrotv Penang2030, A Family-Focused Green and Smart State that inspires the nation, first edition (2019) www.penang2030.com A.R Khalid & L.Audrey (2009) Environmental Economic Policy in Malaysia http://www2.kankyo.tohoku.ac.jp/frontier/pdf_for_workshop_etc/100311Abstract(Khalid&Audrey).pdf Environment Law - Environmental and Natural Resources Law, available at http://www.hg.org/environ.html. ASEAN Declaration on Environmental Sustainability- https://asean.org/?static_post=asean-declaration-onenvironmental-sustainability
T h a n k
y o u
