Assignment 1_Environment Law (Potentialities and Constraints)

ICP863

Management of Property & Environment

ASSIGNMENT 1 ADAM ZHARIFF QAMEIL BIN ZAMRY 2020312085 AZZRI FAZRIL BIN ROSMAN 2020916259

Malaysia is one of the very environmentally rich countries in the world. At present, its traditious and heritage have been facing numerous environment problems such as air pollution, water pollution exploitation of natural resources, etc. There are some historical states in Malaysia listed as a UNESCO Heritage sites in the country, To cope with the environment problems, the government of Malaysia has passed some important environmental law and policies. Examine the present state of the Malaysian environmental law and policies and discuss the potential and constraint of the legislation

QUESTIONS

INTRODUCTION As

a rapidly develop country, environmental resources

exploitation are important generators of economic growth. However, nowadays this environmental resource exploitation had led in increasing in environmental degradation. This is explained by Mokthsim & Salleh (2014) where in conjunction to that, they mentioned this issue not only had been faced at this country but also other Southeast Asia Region as a whole. This environmental degradation will give bad affect on the country wellbeing of life. This is also discussed by Khalil et al., (2011) that mentioned the environmental protection had become not only national issue but also international issue in numbers of years. They mentioned that environmental pollution and ecological degradation had been to be a serious problem in Malaysia after numbers of landslides, flood, forest burn and flash flood that had happened that have this inflicted great damage on the economy and quality of life.

INTRODUCTION (Cont’d) "Sustainable development is development that meets the needs of the present without compromising the ability of future generations to meet their own needs." (Bruntland Report).

Discussing about the sustainable development, Singh (1993) had highlighted several values and ethics for sustainable development. This include respect for all lifeforms and their right to exist, Observation of fundamental human rights, responsibility and accountability to avoid environment degradation, corruption and nepotism, Transparency in decision making, distaste for violence for minimize conflict, honesty for prevent cover-ups and evasion, spiritually and high moral values, Prevention of problems and ills, sharing regarding technology, knowledge and financial resources, trusteeship that help existing environment for future generation, restoration of ecological balance, Humility within profession, gender differences and public good among professionals.

Sustainability development are relevant and appropriate could include several common goals. The International Scheme of United Nations Decade of education for sustainable development (DESD) (UNESCO, 2005) identified key areas of the concept that include 3 elements that is society, environment, and economy. Society are more focusing on the understanding of social institution and their role in change and development, while environment focusing on the awareness of the resources and fragility of physical environment and the effect on the human activity and decision and economy are regarding the sensitivity to the limits and potential economic growth and their impact on society and environment.

ENVIRONMENT

LAW IN MALAYSIA i. ii. iii.

Environmental Quality Act 1974 The National Environment Policy 2002 Environmental Impact Assessment (EIA)

Potentialities Of Malaysian Law And Policies By referring to Policy of National Environment 2002, there’s potential to upgrade this policy by following English Environment Act 1995. We can review current act which relevant to the environment by increasing punishment and introducing mandatory prison sentences. This is a must act to ensure that environmental harm can be categorized as the serious offence. The main idea is to be shown that fines in the Environment Act are unlimited and sort of burden. This idea of an unlimited fine for convictions through indictment is something to be considered. It can surely be a tremendous deterrent if it leads to Environmental Act for practicing public prosecution. Huge potential for current Environment Act to raise public awareness as to the environmental offences that exists. Besides, it can act as a final warning to big player industry to ensure their work activities within the confines of the law.

Potentialities Of Malaysian Law And Policies (Cont’d)

In addition, potentially there’s should be more than the environment agency to bring wrongdoers to justice. Malaysian citizens have the right to do so and there have been success stories such as Greenpeace successfully prosecuting an American Chemical company for unlawful discharges in Cumbria. This can an eye opener to be considered for Malaysia, by sharing the power to prosecute to private citizen and groups. The DOE of Malaysia doesn’t need be burden with the entire responsibility for prosecutions.

Current Malaysian environmental law and enforcement is still far from perfect but having huge potential to make it right from time to time.

Improvements are continuous process, and it would be good to be suggested with following recommendations will produce a flawless system.

Hopefully, it this effort was taken in the right direction with right people, it could be started.

These are the following recommendations to enhance full potential of current Environmental Act at Malaysia i.

The National Environment Policy is made as a living document ii.

The Environment Impact Assessment (EIA) process is reviewed iii.

The Constitutional relationship between Federal and State government shall be deal with a holistic view and managerial efficiency iv.

A citizen’s effort to a clean environment is acknowledged v.

Penalties in environmentally related legislation are reviewed and improved vi.

Compulsory environmental education for those in the legal system and legal education environmental enforcement officers.

If and only if the environmental law and enforcement can be improved in Malaysia, then this nation could be said to be heading towards that goal.

Fortunately, the call for such forward movement not only lie in the government but lies in the public also. Hence, we have to demand that the environment matters could be a serious consideration.

Constraints of Malaysian Law And Policies Sustainability

are very related with environment. The laws that had been introduced by the government are towards the sustainability development. However, aside to the advantages that this sustainability development can give, there are still constraints in the application in the real situation. In discussing the barriers of implementing sustainability and strategies to promote sustainability housing in Malaysia, Goh et al., (n.d) had categorized the barriers or constraints towards the implementing sustainable development like high cost of sustainable development, lack of awareness and understanding, lack of expertise and technology, lack of enforcement, Lack of training and education, lack of commitment from organization and lack of requirement and demands from stakeholders where the high cost of the development is the main reason highlighted.

Although there are numbers of effort by the government but they mentioned the needed of incentives by the government in enhancing policies and regulation.

Constraints of Malaysian Law And Policies A study by Mohammad (2011) in examining the potentialities and constrains of the environmental laws and policies in Malaysia found that most of the respondents think that this environmental law and policies not properly implement due to some issue like less enforcement, lack of trained lawyer regulating with this environmental quality, non-implementation of the law that "polluter pays", lack of issuing licenses from authority to development projects, lack of monitoring and continuous assessment by the related parties, lack of coordination between related parties like legal authorities and technical authorities in respecting environmental issues, lack of qualified planners and policy makers, Lack of holistic approach, Bureaucracy in implementation of policies, and in adequate information of natural resources and scientific research.

Besides that, another study by Mokthsim & Salleh (2014) regarding the issue, challenges, and prospects of environmental management strategies in this country highlighting that as a country that is rapidly develop, Malaysia is struggling towards achieving sustainable development country and currently facing the issue of the development that never concerned about the cause and consequences towards the environment. This is happened when the parties involve in the development focusing on improving and boosting the economic and tends forgetting the environment like destroying the green forest

Constraints of Malaysian Law And Policies Although the are numbers of laws and act enacted by the government but due to lack of supervision and monitoring by the related parties and other issues, most of the development will focus on their profit and forgetting about the case and consequences that will happen. They implementation law need to be stricter where they mentioned that any kind of waste from economic activities need to managed by the parties in order to follow another developing country in achieving sustainable development by good monitoring and follow the rules.

Besides that, the implementation of environmental law had been discussed by another research by Mohammad (2014). In studying the environmental rights for administering clean and healthy environment towards sustainable development in Malaysia, she highlights that there are a lot of laws on environmental rights and policies that that had been introduced by the government but they are not properly implemented. This is the constraints of the legislation itself toward achieving sustainability development in term of absence of environmental governance, insufficient environmental provision, inadequate penal provision, lack of political commitment, lack of resources, unawareness, and short-term planning.

Another research by Marzukhi et al., (2012) that discussed regarding the understanding on the legislative framework with identification on key problems and conflicts that involved between laws for the betterment society. They had concluded that towards the application of law and the development plan, the local authority itself should accept the responsibility in becoming the supervisory body in ensuring the compliance of the law that had been gazette by the government. They added that non-integration between parties will lead to gaps of overlaps in their responsibilities.

Without the involvement and commitment by this parties, it will be one of the constraints towards the environmental laws and policies.

CONCLUSION Numbers of laws that had been enacted and gazette by the government in controlling the environment. Current Malaysian environmental law and enforcement is still far from perfect but having huge potential to make it right from time to time. If and only if the environmental law and enforcement can be improved in Malaysia, then this nation could be said to be heading towards that goal.

In discussing the constraint of the legislation, it can be said that although government had introducing laws for numbers of year but there is still constraint in implementing it. From the side of the people we can see that lack of awareness and understanding regarding the law is the main issue that had been highlighted for numbers of researchers. This is also related to some of the researcher that highlighted lack of training and education regarding this issue are one of the constraints and limitation in implementation of the laws.

This awareness is very important as although how strict the regulation is, still it need the consciousness from the people itself to ensure this target of the law is achieved.

Besides that, another main issue that had been highlighted is regarding the lack of enforcement also lack supervision and monitoring, and also lack of coordination from the related parties. As environment are very related to the sustainability, some researcher mentioned that one of the constraints towards the implication of law are most of the developer are focusing on the improving and boosting the economic without taking this environment as the main issue due to the high cost of sustainable development. There are also some other issues highlighted like lack of political commitment, bureaucracy in implementation law, lack of holistic approach, and non-implementation of law that polluter pays. All of this issue can be concluded as the main issues that be the constraints in implementation the law.

REFERENCES Goh, K. C., Seow, T., & Goh, H. H. (2013). Challenges of implementing sustainability in Malaysian housing industry.

Singh, G, KS (1993). Environmental Issues in Malaysia-A NGO Perspective. Akademika, 42(1).

Marzukhi, M. A., Omar, D., & Leh, O. L. H. (2012). Re-appraising the framework of planning and land law as an instrument for sustainable land development in Malaysia. Procedia-Social and Behavioral Sciences, 68, 767-774.

Mohammad, N. (2011). Environmental law and policy practices in Malaysia: An empirical study. Australian Journal of Basic and Applied Sciences, 5(9), 1248-1260.

Mohammad, N. (2014). Environmental Rights for Administering Clean and Healthy Environment towards Sustainable Development in Malaysia: A Case Study. International Journal of Business and Management, 9(8), 191.

Mokthsim, N., & Salleh, K. O. (2014). Malaysia's efforts toward achieving a sustainable development: Issues, challenges and prospects. Procedia-Social and Behavioral Sciences, 120, 299307.

UNDP (2005). Malaysia Achieving the Millennium Development Goals Success and Challenges