m


CONTENTS
Theory
‡ Environmentalethics
‡ EvolutionofEnvironmentalollution
‡ egal ramework
efore 

EnvironmentalQualityAct 
‡ RegulationsunderEQA
‡ Regulatory ramework
‡ Penalty
‡ DeartmentofEnvironment

EnvironmentalImactAssessment
‡ Requirement,scoe,rocess
‡ Penalty
‡ PostEIAComlianceand onitoring
‡ Targets

Alication
‡ Issues
‡ Caseaws
Theory

EnvironmentalQualityAct

EnvironmentalImact
Assessment

Alication
 REATIONSHIP

E rt

N ture

Hum n

eoold¶s nd Et ics

if mn wnts to survive nd to reserve ot er secies e s to
c nge is own e viour, get rid of t e retension to e t e king of nture nd cultivte
new its t t el to cre for t e nturl environment´
 THEORY

Peole Nature
‡ Activities ‡ Imact
‡ Behavior ‡ Resonds

Ecological
Ethics

‡Human interaction with nature and earth and the imact of his activities
‡ oral need to consider regulations with resect to nature
‡One¶s right to live is the same as the other memers of the Earth: soil, water, lants and
animals
‡Stresses the riority of human values: nature as unique and integral on a lanetary scale and
the reservation of nature is a common task and care for all humankind
 THEORIESO ENVIRON ENTAETHICS
‡ It is not sufficient to consider only the interests of humankind and take no care of
ecological equilirium; rather a new and more alanced ethics must e uilt.
eoold ‡ Any ehavior favorale to keeing the integrity and staility of flora and fauna is right
and good, otherwise it is wrong and evil.

KennethE.moodaster - ‡ Environmental rolem is a huge crisis for the 2st century.

romEgoismto ‡ Emhasized that humankind must change its attitude from egoism and chauvinism
Environmentalism towards nature and survive

‡ The natural world as an interdeendent system in which humans are memers of the
Prof.PaulTaylorofPrinceton earth¶s life community.

niversity ‡ As every living entity as unique and cannot e relaced, therefore we must resect
nature, resect life.

‡ There should exist a moral standard etween man and nature, without
this elementary ethical rincile no adequate ethics can e formed.
‡ all life is the great creation of nature and should e resected with
Schweizer great care
‡ The relation etween man and nature should e a close and mutually
areciative as with an organism.

‡ "Dao (Buddha) is resent everywhere. Everywhere on earth, e it large or small, whether

AncientChinesehilosohy alike or lifeless, has a reason for existence. Therefore we should resect to life and
nature and everything on earth should e treated equally´
 THEORIES- TAKEAWAYS

Human, Earth and Nature make u an organic system of interdeendence, or one world or
commonwealth. ankind is a memer of the earth¶s life of community, e ressed as a gloal
village. According to an old Chinese saying, the memers of a community should cross a river in
the same oat, meaning that eole in the same community should hel each other.

an and nature should constitute a artnershi in which each deends on the other, hels each
other, not a relation of conqueror and conquered or master and slave

Natural things do not e ist for man, ut have their own internal oective. Humans must not
sustitute their own oectives for those of nature, ut must resect nature, resect life.

It is necessary to overcome the idea of human egoism and to advocate that everything on earth is
equal and in harmony.
EVO
TIONO ENVIRON ENTAPO
TION

Rlat
1990s ractics
i t tars
1980s l al A arss sstaiabl
I act vlt
19 scal
i act

sEc ic
r c str cti
YVO
TIONO YNVIRON YNTAPO
TION

Yirtl llti

R iistrilistii
 st s Ycliclrisis

GlblisI ct
EVO
TIONO ENVIRON ENTAPO
TION

‡ irst international symosium on the

ecological crisis
International ‡ Discussed the resent environmental
symosium situation
(onthe ‡ Attended y  secialists from 
environment) countries of Asia and the West
 
Italian ‡ ormed the Clu of Rome joined y
Academy  scholars from over  countries
to assess the environmental ollution
imact onto the world
 mOBAREQ
IRE ENT

Declarationofthe
nitedNations
ConferenceonHumanEnvironment,
Stockholm 2
‡ Recognised the need to adot measures
for the rotection of environment
‡ µEnvironment¶ includes the totality of
nature and natural resources, including
the cultural heritage and the man-made
infrastructure to facilitate the
develoment of socio-economic activities
Theory

EnvironmentalQualityAct

EnvironmentalImact
Assessment

Alication
 EmA RA EWORK
Before 

Water ‡ Tocontrolandrohiitdisrutionofrivers,soasnotto

interferewiththesmoothflowofwater
Enactment
‡ Restrictionofdischargesofsecificsustancesintothe
 2(Act riverwhichmightedetrimentaltotheeneficialuseof
) theriverwatersthroughoutPeninsular alaysia

orest ‡ Estalishmentofforestreservesandcontrolinlogging

EnactmentAct activities
 Ca ‡ Controlinloggingactivities

andand ‡ Aimedatconservinghilllandandtherotectionofsoil
Conservation fromerosionandinroadsofsilt
Act  ‡ Prohiitslantingofshort-termcrosonanyhillland
EmA RA EWORK
Before (con¶t)

iningAct ‡ Controlsdischargesfromminingactivities

Poisons
Ordinance ‡ RegulatesuseofTo icsustances
 2

erchant
Shiing ‡ movernsmarineollutionyvessels
Ordinance
 EmA RA EWORK
Before (con¶t)

Issues

‡
nale to cur soaring environmental

rolems due to raid advancement of
modern industries and technologies
‡ E isting legislations was not to
address environmental concerns ut
mainly on other secific activities
‡ argely sectoral in focusing secific
areas and activities
 ENVIRON ENTAQ
AITYACT 

mezetted on arch 

‡ An Act relating to the

revention, aatement, control
of ollution and enhancement
of the environment, and for the
uroses connected therewith
ENVIRON ENTAQ
AITYACT 
EnvironmentalQuality(Amendment)Act 8
ActA an 8

EnvironmentalQuality(Amendment)Act 
ActA  August 

EnvironmentalQuality(Amendment)Act 8
Act 2August2

EnvironmentalQuality(Amendment)Act2
ActA2 28une2, uly2

EnvironmentalQuality(Amendment)Act2
ActA August2
 POICY RA EWORK

BaselConvention
( ovementof
Vision22 HazardousWaste
Disosal)

National Conventionof
Develoment ClimateChange
Plan andBiodiversity
Environmental
olicies

‡The various national olicies and international develoment imacts environmental

management olicies and regulations
‡22
National Policy on Environment to rovide olicy framework towards coordinated
environmental management efforts
 ENVIRON ENTAQ
AITYACT 

‡ Part:Preliminary
‡ PartII:Administration
‡ PartIII:icenses
‡ PartIV:ProhiitionandControlof
Pollution
EQA (Act
‡ PartIVA:ControlofScheduled
2) Wastes
‡ PartV:AealandAealBoard
‡ PartVA:PaymentofCess and
Environmental und
‡ PartVI: iscellaneous

moverned y  regulations to regulate secific activities and imact onto the

environment
EE ENTSCOVERED
NDEREQA 

Water Noise

Industrial
Air
wastes
EQA 
EXA PESO REm
ATIONS
NDEREQA 
Environmental Quality (icensing) Regulations  

Environmental Quality (Control of Emissions from Petrol Engines)

Regulations  

Environmental Quality (Delegation of Powers) (Investigation of Oen

Burning) Order 2

Environmental Quality (Declared Activities) (Oen Burning) Order

2

Environmental Quality (Aeal Board) Regulations 2

REm
ATIONS
NDEREQA (relatedtoEIA)
Environmental Quality (Clean Air ) Regulations  

Environmental Quality (Sewage and Industrial Effluents) Regulations

 

Environmental Quality (Prescried Activities) (Environmental Imact

Assessment) Order  

Environmental Quality (Scheduled Wastes) Regulations  

Environmental Quality (Prescried Premises) (Scheduled Wastes

Treatment and Disosal acilities) Order  

Environmental Quality (Prescried Premises) (Scheduled Wastes

Treatment and Disosal acilities) Regulations  
 REm
ATORY RA EWORK
‡ Director ‡ inistrywith
meneralof advisefrom
DOE Environment
Council
mrant,
renew, Regulate
transfer, rescried
revoke remises
licenses

Issuanceof
licenses Assessment
with ofactivities
conditions
‡ Director ‡ Director
meneralof meneralof
DOE DOE
 PENATY

ilrthllicsfrprscripriss

ilrtcplywithcitisflics

Ctrvtifitrigcitis

Altrtisflics!ipt

Altrtisfvhicls,shiprpristc
prscricvycsrpriss
 ICENSINmREQ
IRE ENT

S.(2)ofEQA 

‡ Any holder of a license who contravenes

susection () shall e guilty of an offence
and shall e liale to a fine not e ceeding
twenty-five thousand ringgit or to
imrisonment for a eriod of not e ceeding
two years or to oth, and to a further fine of
one thousand ringgit for every day that the
offence is continued after a notice y the
Director meneral requiring him to comly
with such term or condition secified therein
has een served uon him
 CO PO
NDINmO O ENCES

S.ofEQA 
‡ ()The Director meneral or any Deuty Director
meneral, or any other ulic officer or any local
authority to whom the Director meneral has delegated
such ower in writing, may comound any offence
under this Act or the regulations made thereunder
which is rescried y the inister to e a
comoundale offence y acceting from the erson
reasonaly susected of having committed the offence
a sum of money not e ceeding two thousand ringgit
‡ (2) The inister may make rules to rescrie the
method and rocedure for comounding such offences
 EN ORCE ENTCONCEPT

Alication
Comound
‡Preventionisetter oficense ‡ onitoringcomliance
thancure ‡Audits,checks
‡Cradletograve ‡Basedonrequirement ‡Basedone tentof
‡Shallnotlikelycause non-conformanceor
adverseimacttothe damage
environment ‡Includesmakinggood
ofthesituation

Assessment Enforcement
 APPEA

S.ofEQA 
‡ ()A" prso #o is ri b":
‡ . fsl to rt  lics or trsfr lics
‡ b. T# ipositio of " coitio, liittio or rstrictio
o #is lics
‡ c. T# roctio, sspsio or ritio of #is lics
‡ . T# ot #ic# # ol b r!ir to p" r
sctio 
‡ . A" cisio of t# $irctor Grl r sbsctio
)) or () of sctio  A, 
‡ f. A" cisio of t# $irctor Grl or " officr
r sbsctio ( ) or () of sctio 8A
‡ " it#i sc# ti  i sc# r s " b
prscrib, ppl to t# Appl or
 APPEABOARD
‡ EnvironmentalQuality(AealBoard)Regulations2
Regulation

‡ Chairman
‡ DeutyChairman
emers ‡ emer

‡ Tohearaellantinersonorhisreresentatives
‡ Consideranyadditionalevidenceordocuments
Power ‡ Toawardcostormakeorderinresecttotheaeal

‡ Noticetoaeal- Withindaysofdateofdecisioncommunicatedtoaellant
Duration ‡ mroundsofaeal
withindaysaftersumissionofnotice
OTHER EAT
RESO EQA 

DirectormeneraloftheDOE

EnvironmentalQuality
Council

EnvironmentalQualityAudit

Cess andEnvironmental
und
 APPOINT ENTO DIRECTORmENERA

S()EQA 

‡ There shall e a Director meneral of Environmental Quality who

shall e aointed y the inister from amongst memers of
the ulic service and whose owers, duties and functions shall
e - «.

This led to the formation of the Deartment of Environment as the enforcement

agency of EQA  
 DEPART ENTO ENVIRON ENT

DOEasEnforcementAgency

‡ Institutionalised in  
‡ ain role is to revent, control and
aate ollution through the
enforcement of the EQA,  and its
 susidiary legislations made
thereunder
‡ The rincial agency entrusted to
administer the EQA   and its
susidiary legislations
 DEPART ENTO ENVIRON ENT
‡ Estalished in  , EQA  
‡  state offices, 2 ranch offices
Aointment ‡ inistry of Science, Technology and Environment
(now know as mreen Technology and Water)

‡ ission - To ensure sustainale develoment in

the rocess of nation uilding
‡ Air, Noise, Water, arine, Hazardous sustances
Scoe ‡ Cradle to grave concet
source generator has to
ensure the source does not have adverse imact
onto the environment throughout its life

Roles and ‡ Prevention, control and aatement of ollution

through the enforcement of the Environmental
Resonsiilities Quality Act of   and its susidiary legislations
 DEPART ENTO ENVIRON ENT

‡ Estalished on 2 Aril   under Section

()of the Environmental Quality Act,  
Environmental ‡ Advise the inistry on matters ertaining to the
Act
Quality ‡ Provides olicy guidance to the DOE the
Council formulation of olicies and strategies towards a
more holistic aroach to environmental
management

‡ Assist in raising the level of ulic awareness

Environment on the imortance of environmental
conservation efforts
Institute of ‡ Trainings for Policies, Tools and develoment
alaysia ‡ Provides certification for cometent
Environment ractitioner
(Ei AS) ‡ Provides training for certification
Theory

EnvironmentQualityAct

EnvironmentalImact
Assessment

Alication
 EmAREQ
IRE ENTO EIA

S.A(2)ofEQA(Amendment)Act 
mazettement ofEnvironmentalQuality
(PrescriedActivities,EIA)Order 
‡ Any erson intending to carry out any of the
rescried activity shall, efore any aroval for
the carrying out of such activity is granted y the
relevant aroving authority, sumit a reort to
the Director meneral. The reort shall contain an
Ô

  
 Ô
 of such activity will
have or is likely to have on the environment and
the roosed measures that shall e undertaken
to revent, reduce or control the adverse imact
on the environment
 EIACOVERAmE
Environmental Quality Act

‡ Prescried Activities (Environmental Imact Assessment) Order,  

Prescried Activities

‡  as listed in the Schedule

E cetions

‡ irst Schedule of the Conservation of Environment (Prescried

Activities) Order  ulished under the Second Sulementary of
the Saah movernment mazette on the  August 
‡ irst Schedule of the Natural Resources and Environment
(Prescried Activities) Order   ulished under Part II of the
Sarawak movernment mazette on the  August 

Preliminary or Detailed EIA

‡ E tent of Project
significance of imact
 PRESCRIBEDACTIVITIES
Industry
Infrastructure Agriculture
Quarries Airort
Railways isheries
Transortation orestry

Petroleum
Prescried
andreclamation
Activities
WaterSuly Housing

Ports ining

WasteTreatment Disosal Drainage Irrigation

Resort RecreationalDeveloment Powermeneration Transmission

 PENATY

S.A()ofEQAAct 

‡ A" prso #o cotrs t#is

sctio s#ll b ilt" of  offc 
s#ll b libl to  fi ot xci
fi "rs or bot#  to  frt#r fi
o t#os riit for r" " t#t
t# offc is coti ftr  otic
b" t# $irctor Grl r!iri #i to
copl" it# t# ct spcifi t#ri
#s b sr po #i
 CONTENTSO EIA
Project information
ackground, initiator, statement of need

Project descrition
rocess flow descrition, design asis, sources
of effluent, air and noise emissions, treatment

Condition of e isting environment

hysical and iological systems

Potential Imacts and itigating easures during Construction,

Commissioning, Oerations

Environmental anagement System

Simulation model on otential imact of activities to the e isting

environment
 SCOPEO EIA

Socio
Economic

Environment
Community

EIA
Assessment
 EIAPROCESS

Assessment Aroval
‡ Project ‡ Review
roosal ‡ Shortandlong ‡ Presentation ‡ Aroval
‡ Natureof termimacts ‡ Delieration Conditions
roject ‡ Socio ‡ onitoring
economics
Alication Sumission
 POSTEIACO PIANCE
onthly rogress reorts

‡ Analysis results of Effluent (Water), Air, Noise arameters

‡ Comliance to EIA Aroval Conditions and muidelines y
the DOE
‡ Remedial actions for non-comliances

Checks / Visits y DOE Officers

‡ Scheduled and unscheduled

iason officer

‡ Aointed comany reresentative for liason with the DOE

‡ Ensure all requirement under EIA aroval conditions and
EQA   are strictly adhered to
 EIACYCE

Assessment

Identification
Sustaining ofimact

Corrective
and
onitoring
mitigating
actions
Theory

EnvironmentalQualityAct

EnvironmentalImact
Assessment

Alication
 APPICATIONISS
ES()

Issues

‡ Asence of any rovision for coordination

etween organisation and individuals for
enforcement
‡ ragmented and disjointed nature of legal
framework
state often address issues on
an ad-hoc nature rather than on long-term
aroach
‡ Colonial influence of ma imising e loitation
of natural resources. Inhiits concerted
environmental olicy develoments at the
federal and state level
 APPICATIONISS
ES(2)
Isss

‡ Ovrlaing fnctions twn Environmntal and

Planning agncis
Th DOE is rsonsil for
indstrial olltion control, howvr othr natral
rsorcs ar ndr th jrisdiction of othr ministris
or rglating odis with sarat sts of rglations.
Each ministry romots dvlomnt within thir own
ministry withot ror coordination with
nvironmntal managmnt
‡ DOE rcommndation to rmit or rfs a
dvlomnt can  ignord y th Stat Planning
Committ
‡ Stat Planning Committ may disrgard th
rcommndation for ross of Economic
dvlomnt
 CASEAWEIA: EDERAVSSTATEAW

Kajing Tuek Orsvs Ekran Bhd Ors( )2

...
‡ Tahu ujah, , Saran Emu, , and Kajing Tuek,  ,
had wanted EIA reorts to e made availale to them
for their views
‡ Disute whether the Bakun Hydroelectric Dam (Bakun
Dam) is to e considered under the EQA   which
is a ederal environmental legislation or to e
governed y the Sarawak State aw, Natural
Resources Ordinance  
‡ The inister of Science, Technology and Environment
( OSTE) e cluded the alication of the ederal EIA
requirements in relation to the construction of dams in
the State of Sarawak (  Amendment Order)
 CASEAWEIA: EDERAVSSTATEAW

Kajing Tuek Orsvs Ekran Bhd Ors( )2 ...

‡ Decision : The EQA was enacted to e alicale to the entire

nation. Susidiary legislation was ermitted to give full effect to
the EQA.
nder the guidelines rescried y the roject
roonent « it cannot e made without some form of ulic
articiation « or this is a right vested with the laintiffs ««
‡ The High Court's judgment invalidated the Environmental
Quality (Prescried Activities) (Environmental Imact
Assessment) Amendment Order of   and ordered the
roject develoer to comly with the Environmental Quality Act
of   efore roceeding with the construction of the dam.
‡ The   amendment order was deemed invalid ecause of
its retroactive alication which removed rights that had
already accrued to the laintiffs under the Environmental
Quality Act of  , namely the right to ulic articiation in
the environmental imact assessment rocess of the dam.
 CASEAWEIA: EDERAVSSTATEAW

Kajing Tuek Orsvs Ekran Bhd Ors( )2

...
‡ Note:
‡ The Bakun EIA was aroved amidst much
controversy in   when it was discovered that
the ederal Environmental Quality Act  
(EQA) was retrosectively amended to allow the
authority of the EIA aroval for certain rojects in
Sarawak to e transferred to the Natural
Resources and Environment Board (NREB) which
is suject to the Sarawak Natural Resources and
Environment Ordinance   (SNREO).
 CASEAWEIA:OC
SSTANDI
Ketua Pengarah aatan Alam Sekitar vKajing Tuek [ % 
2
‡ Aeal to challenge High Court¶s decision
‡ Decision :  eruary   the Court of Aeal, ruled to allow
their aeal
‡ . The Sarawak Ordinance co-e ists with the EQA, each
oerating within its own shere ased on the constitutional
authority of the State of Sarawak to regulate y legislation those
comonents of the environment that fall within its domain. The
udge concluded that µ[in% my judgment, Parliament, when it
assed the EQA, did not intend, and could not have intended, to
regulate so much of the environment as falls within the legislative
jurisdiction of Sarawak.¶ (Court of Aeal udgment). He agreed
with the sumission of the Senior Counsel that the Amendment
Order was made µnot for the urose of cutting the ground from
under the feet of the resondents as suggested y their Counsel,
ut for the urose of making it aundantly clear to all concerned
that the   order was not, for constitutional reasons, meant to
aly to Sarawak.
 CASEAWEIA:OC
SSTANDI

Ketua Pengarah aatan Alam Sekitar vKajing Tuek [ % 2

‡ 2. In articular he (the udge of High Court) did

not have sufficient regard for ulic interest.
Additionally he did not consider the interests of
justice from the oint of view of oth the
aellants and resondents´
‡ The Court of Aeal, in a stunning reversal of the
High Court, held that the Defendants had no locus
standi ecause they had suffered no secial injury
over and aove the injury common to others.
‡ Note : ocus standi
µlace of standing¶ that is a
lace to stand in court or a right to aear in a
court of justice on a given question
CASEAWEIA:CONTRAVENTIONICENSE
amEngRuer actory( )Sdn Bhd vs DirectorofEnvironment,Kedah Perlis
[2%2All alaysianReort(A R)

‡ The aellant oerates a ruer factory in Sungai Petani,

Kedah. The factory has een in oeration since  . Each
year the aellant alied for and otained a license from the
local authority. In  , the Environmental Quality Act ("the
EQA") came into force. Aellant had to otain a license from
the Deartment of the Environment, Kedah, which the
aellant did so. However, aellants¶ alication for  
license was not aroved.
‡ Aellant aealed to the Aeal Board S () ut was not
heard. The DOE refused to issue the license
‡ Aellant went to the High Court to quash the decision of the
DOE¶s refusal to issue the license
‡ 2 eruary 
aellant lost since the aellant had no
license for the year  , ut yet they had carried on their
factory illegally and had no legitimate e ectation to have a
license for  .
C,'YM,WYI,:CONT&,VYNTIONMICYN'Y

MY&bbr ctr"(M)' (# s $irctrfYirt,)# *rlis

[ 005%+,M& 1

‡ (r#t t# cs t ,l (r fr:

‡ 1st rst t csir t rt t# lics
‡ + rstt#rt#csflfr
t#lics
‡ ,llt
M Y &bbr
‡ First &st
$irctr mrl f t# $OY
‡ 'c &st
,l (r
‡ $cisi
,l rt
CASEAWEIA:CONTRAVENTIONICENSE
amEngRuer actory( )Sdn Bhd vs DirectorofEnvironment,Kedah Perlis
[2%2A R

‡ udgement
‡ The first resondent, as I have said, had no jurisdiction whatsoever
to deal with the aellant's aeal. His act was `
  (in violation)
the EQA. We therefore allowed the aeal with costs here and elow
and remitted the aeal to the Aeal Board aointed under s  of
the EQA to hear and disose of the aeal in accordance with law.
The orders of the High Court were set aside. The deosit was ordered
to e refunded to the aellant.´
‡ In the event, other matters that had een sumitted on in the aeal
efore us, which turned on the question whether it is correct that, as
the learned judge held, the aellants had no legitimate e ectation to
a renewal of license ecause the aellants had not een issued a
license for the revious eriod of Aril ,   to arch   and
therefore there was no license to renew and also ecause in that
eriod they had een oerating illegally since they had no license, and
which included the question of who was at fault in the aellants' not
eing ale to otain a license for that eriod, «.
 CASEAW:HAZARDO
SWASTE()
WoonTanKan(Deceased) Ors.vs AsianRareEarth
Sdn Bhd [ 2%C22
‡ Storin of Hazardos aterial at Bkit Merah. Asian
Rare Earth (ARE) as fored to extract (an eleent in
earth) fro onazit. The ain shareholders are
Mitsbishi Cheical Indstries td (35%), Beh Minerals
(35%), ebaa
rsan dan Tabn Hai (2%) and
soe local Biptera (%). The copan" shall
prodce radioactive aste throh the onazit
processin. The aste shall belon to the *erak State as
it is a potential sorce of nclear ener" sorce.
‡ *lant as in operations beinnin  l"  82 to  
‡ *erak State located the aste storae at the *apan, 
k fro Ipoh. Strle of  "ears (fro  8 to  )
‡  Deceber  8 Detected radiation level at ore
than 8 ties peritted
 CASEAW:HAZARDO
SWASTE(2)

WoonTanKan(Deceased) Ors.vs AsianRare

EarthSdn Bhd [ 2%C22
‡ The Paan community rotested and rought the
case to Ioh High Court
‡  eruary  :  residents filed summons to
sto ARE from roducing, storing or ile
radioactive waste within the vicinity of the area in
line with the Atomic Energy icensing Act  .
‡ Court roceedings in 2 months. Involved internal
and e ternal atomic energy e erts
‡  uly  2 : Community wins case against ARE.
High Court directs ARE oerations to sto in 
days.
 CASEAW:HAZARDO
SWASTE()

WoonTanKan(Deceased) Ors.vs AsianRare

EarthSdn Bhd [ 2%C22
ollow-us
‡ 2 uly  2 : ARE raised Aeal at the Sureme
Court.
‡ 2 uly  2 : ollowing e -arte alication y
ARE, Sureme Court udge held Ioh High
Court¶s decision to sto ARE¶s oerations.
 August  2 : Sureme Court allowed ARE¶s
alication to reject High Courts ruling on the
aeal. The Sureme Court ruled that the closure
will ring difficulty to the comany and the 
ersonnel.
‡  anuary   : ARE stoed oerations
|

. The Place of Ecological Ethics in Culture
Celovas Kalenda
2. Earthdance : iving System in Evolution
Elisaeth Sahtouris
. Environmental Prolems and ecological Ethics
Wang iaoyang
. Environmental Quality Act  
. Challenges in Imlementing and Enforcing Environmental
Protection easures in alaysia
Ainul aria aidin
. Protecting Indigenous Communities in alaysia
Sahaat Alam
alaysia
. Preliminary Assessment of alaysia¶s Environmental aw
Alan
K, aculty of aw, National
niversity of Singaore
. Environmental Imact Assessment
Proane Dehydrogenation
Project, TBE alaysia Sdn Bhd
 CASEAW:OC
SSTANDI

AdulRazakinAhmadvs Kerajaan Negeri ohor Anor.( )

2 

‡ ocus standi
µlace of standing¶ that is a lace to stand in court or a right to
aear in a court of justice on a given question
‡ Plaintif (a resident of ohor) challenged to lan to uild a floating city at Selat
Terau. Plaintif requests that the court declare the roject as invalid as it is
against Town Planning Act  .
‡ Decision: High Court judged that although the roject may go against the Act,
there is locus standi to show that the non-comliance will has or will cause him
grievance unless he can show evidence to the court that he will incur
grievance ecause of the non-comliance.
‡ Being a ta ayer does not give sufficient evidence that he has sufficient
interest that needs to e rotected y the law in the conte t of the roject
develoment. Court judged that if laintiff want to ring this for further judicial
review, the court¶s ermission is required while the ocal Planning municiality
will e required to attend.
 OC
SSTANDI- CO PARISON

;AdulÔÔ
Ô vKetua
Pengarah Kementerian Sains,Teknologi dan Alam
Sekitar [ %2Currentawournal(C);
‡ Alication to access the EIA reort of the
roosed µfloating city¶ in ohor Bahru.
‡ Decision : the High Court of ohor Bahru ruled
that as a citizen of alaysia and a resident of
ohor Bahru, the alicant was entitled to a coy
of the EIA as resects the develoment of the
roosed µfloating city¶ in ohor Bahru. p`, n .
However, the alicant had succeeded in this
case mainly ecause the ederal Counsel
reresenting the Director meneral of Environment
did not oject that the EIA was a ulic document.%
 OC
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 OC
SSTANDI- CO PARISON

AustralianConservation
oundationIncvCommonwealth
[ %CR .
‡ An environmental grou
attemting to sto a roosed
uilding develoment with
regard to the validity of
urorted comliance with
certain environmental laws
 OC
SSTANDI- CO PARISON
C etha v
nionofIndia[ %SCC;
C ehtav
nionofIndia[ %SCC ;
C etha v
nionofIndia Ors[ %SCC

‡ Provides for oen standing and for class actions
to enforce environmental law within the state.

nder S2, any erson may ring roceedings
in the Court for an order to remedy or restrain a
reach of this Act, whether or not any right of
that erson has een or may e infringed y or
as a consequence of that reach. A erson may
ring roceedings on ehalf of himself and
others with their consent.