GMUL 5063

CONTENTS
Theory
Environmental ethics
Evolution of Environmental pollution
Legal Framework before 1974

Environmental Quality Act 1974

Regulations under EQA

Regulatory Framework
Penalty
Department of Environment

Environmental Impact Assessment

Requirement, scope, process

Penalty
Post EIA Compliance and Monitoring
Targets

Application
Issues
Case Laws

Theory
Environmental Quality Act
Environmental Impact Assessment
Application

RELATIONSHIP
Earth

Nature

Human

Leopolds Land Ethics if man wants to survive and to preserve other species he
has to change his own behaviour, get rid of the pretension to be the king of nature
and cultivate new habits that help to care for the natural environment

THEORY
People

Nature

Activities

Impact

Behavior

Responds

Ecological
Ethics

Human interaction with nature and earth and the impact of his activities
Moral need to consider regulations with respect to nature
Ones right to live is the same as the other members of the Earth: soil, water, plants
and animals
Stresses the priority of human values: nature as unique and integral on a planetary
scale and the preservation of nature is a common task and care for all humankind

THEORIES OF ENVIRONMENTAL ETHICS

Leopold

It is not sufficient to consider only the interests of humankind and take no care
of ecological equilibrium; rather a new and more balanced ethics must be built.
Any behavior favorable to keeping the integrity and stability of flora and fauna
is right and good, otherwise it is wrong and evil.

Kenneth E. Goodpaster From Egoism to

Environmentalism

Prof. Paul Taylor of

Princeton University

Environmental problem is a huge crisis for the 21st century.

Emphasized that humankind must change its attitude from egoism and
chauvinism towards nature and survive
The natural world as an interdependent system in which humans are members
of the earths life community.
As every living entity as unique and cannot be replaced, therefore we must
respect nature, respect life.
There should exist a moral standard between man and nature, without this
elementary ethical principle no adequate ethics can be formed.

Schweizer

all life is the great creation of nature and should be respected with great
care
The relation between man and nature should be a close and mutually
appreciative as with an organism.

"Dao (Buddha) is present everywhere. Everywhere on earth, be it large or small,

Ancient Chinese philosophy whether alike or lifeless, has a reason for existence. Therefore we should respect
to life and nature and everything on earth should be treated equally

THEORIES - TAKEAWAYS
Human, Earth and Nature make up an organic system of interdependence, or one world
or commonwealth. Mankind is a member of the earths life of community, expressed as a
global village. According to an old Chinese saying, the members of a community should
cross a river in the same boat, meaning that people in the same community should help
each other.

Man and nature should constitute a partnership in which each depends on the other,
helps each other, not a relation of conqueror and conquered or master and slave

Natural things do not exist for man, but have their own internal objective. Humans must
not substitute their own objectives for those of nature, but must respect nature, respect
life.

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

EVOLUTION OF ENVIRONMENTAL POLLUTION

1980s Global
Impact
1970s Local
impact
1950s Economic
reconstruction

1990s
Heightened
Awareness

Regulated
practices
towards
sustainable
development

EVOLUTION OF ENVIRONMENTAL POLLUTION

Environmental pollution

Rapid industrialisation in
1950s to 1970s

Ecological Crisis

Globalised Impact

EVOLUTION OF ENVIRONMENTAL POLLUTION

International
symposium
(on the
environment)
1968 Italian
Academy

First international symposium on the

ecological crisis
Discussed the present environmental
situation
Attended by 30 specialists from 10
countries of Asia and the West
Formed the Club of Rome joined by
100 scholars from over 40 countries
to assess the environmental pollution
impact onto the world

GLOBAL REQUIREMENT
Declaration of the United Nations
Conference on Human Environment,
Stockholm 1972
Recognised the need to adopt measures for
the protection of environment
Environment includes the totality of nature
and natural resources, including the
cultural heritage and the man-made
infrastructure to facilitate the development
of socio-economic activities

Theory
Environmental Quality Act
Environmental Impact Assessment
Application

LEGAL FRAMEWORK Before 1974

Water
Enactment
1920 (Act
418)

Forest
Enactment
Act 1934 Cap
153

Land and
Conservation
Act 1960

To control and prohibit disruption of rivers, so as not to

interfere with the smooth flow of water
Restriction of discharges of specific substances into the
river which might be detrimental to the beneficial use of
the river waters throughout Peninsular Malaysia

Establishment of forest reserves and control in logging

activities
Control in logging activities

Aimed at conserving hill land and the protection of soil

from erosion and inroads of silt
Prohibits planting of short-term crops on any hill land

LEGAL FRAMEWORK Before 1974 (cont)

Mining Act

Controls discharges from mining activities

Poisons
Ordinance
1952

Regulates use of Toxic substances

Merchant
Shipping
Ordinance

Governs marine pollution by vessels

LEGAL FRAMEWORK Before 1974 (cont)

Issues

Unable to curb soaring environmental

problems due to rapid advancement of
modern industries and technologies
Existing legislations was not to address
environmental concerns but mainly on
other specific activities
Largely sectoral in focusing specific
areas and activities

ENVIRONMENTAL QUALITY ACT 1974

Gezetted on 14 March 1974

An
Act
relating
to
the
prevention, abatement, control
of pollution and enhancement
of the environment, and for
the
purposes
connected
therewith

ENVIRONMENTAL QUALITY ACT 1974

Environmental Quality (Amendment) Act 1985

Act A636

10 Jan 1986

Environmental Quality (Amendment) Act 1996

Act A953

01 August 1996

Environmental Quality (Amendment) Act 1998

Act 1030

21 August 2001

Environmental Quality (Amendment) Act 2001

Act A1102

28 June 2001, 19 July 2001

Environmental Quality (Amendment) Act 2007

Act A1315
30 August 2007

POLICY FRAMEWORK

Vision 2020

National
Development
Plan

Basel Convention
(Movement of
Hazardous Waste
& Disposal)

Environmental
policies

Convention of
Climate Change
and Biodiversity

The various national policies and international development impacts environmental

management policies and regulations
2002 National Policy on Environment to provide policy framework towards
coordinated environmental management efforts

ENVIRONMENTAL QUALITY ACT 1974

Part 1: Preliminary
Part II : Administration
Part III : Licenses

EQA 1974
(Act 127)

Part IV : Prohibition and Control of Pollution

Part IV A : Control of Scheduled Wastes

Part V : Appeal and Appeal Board
Part V A : Payment of Cess and
Environmental Fund

Part VI : Miscellaneous

Governed by 35 regulations to regulate specific activities and impact onto

the environment

ELEMENTS COVERED UNDER EQA 1974

Noise

Water

Industrial
wastes

Air
EQA1974

EXAMPLES OF REGULATIONS UNDER EQA 1974

Environmental Quality (Licensing) Regulations 1977

Environmental Quality (Control of Emissions from Petrol

Engines) Regulations 1996

Environmental Quality (Delegation of Powers) (Investigation of

Open Burning) Order 2000
Environmental Quality (Declared Activities) (Open Burning)
Order 2003

Environmental Quality (Appeal Board) Regulations 2003

REGULATIONS UNDER EQA1974 (related to EIA)

Environmental Quality (Clean Air ) Regulations 1978
Environmental Quality
Regulations 1979

(Sewage

and

Industrial

Effluents)

Environmental Quality (Prescribed Activities) (Environmental

Impact Assessment) Order 1987
Environmental Quality (Scheduled Wastes) Regulations 1989
Environmental Quality (Prescribed Premises) (Scheduled Wastes
Treatment and Disposal Facilities) Order 1989
Environmental Quality (Prescribed Premises) (Scheduled Wastes
Treatment and Disposal Facilities) Regulations 1989

REGULATORY FRAMEWORK
Director
General of
DOE

Ministry with
advise from
Environment
Council
Grant,
renew,
transfer,
revoke
licenses

Issuance of
licenses
with
conditions
Director
General of
DOE

Regulate
prescribed
premises

Assessment
of activities
Director
General of
DOE

PENALTY

Failure to hold a license for prescribed premises

Failure to comply with conditions of license

Contravention of monitoring conditions

Alterations of licensed equipment
Alterations of vehicles, ship or premise to become
prescribed conveyances or premises

LICENSING REQUIREMENT
S.16(2) of EQA 1974
Any holder of a license who contravenes
subsection (1) shall be guilty of an offence and
shall be liable to a fine not exceeding twentyfive thousand ringgit or to imprisonment for a
period of not exceeding two years or to both,
and to a further fine of one thousand ringgit
for every day that the offence is continued after
a notice by the Director General requiring him
to comply with such term or condition specified
therein has been served upon him

COMPOUNDING OF OFFENCES
S.45 of EQA 1974
(1)The Director General or any Deputy Director General,
or any other public officer or any local authority to whom
the Director General has delegated such power in
writing, may compound any offence under this Act or the
regulations made thereunder which is prescribed by the
Minister to be a compoundable offence by accepting
from the person reasonably suspected of having
committed the offence a sum of money not exceeding
two thousand ringgit

(2) The Minister may make rules to prescribe the method

and procedure for compounding such offences

ENFORCEMENT CONCEPT

Prevention is better
than cure
Cradle to grave

Assessment

Application of
License
Based on requirement

Monitoring compliance
Audits, checks

Shall not likely cause

adverse impact to the
environment

Enforcement

Compound
Based on extent of
non-conformance or
damage
Includes making good
of the situation

APPEAL
S.35 of EQA 1974
(1)Any person who is aggrieved by:
a. Refusal to grant a license or transfer license
b. The imposition of any condition, limitation or restriction on his
license
c. The revocation, suspension or variation of his license
d. The amount which he would be required to pay under section 47
e. Any decision of the Director General under subsection )3) or (4)
of section 34 A, and
f. Any decision of the Director General or any officer under
subsection (2) or (5) of section 48A
may within such time and in such manner as may be prescribed,
appeal to the Appeal Board

APPEAL BOARD
Environmental Quality (Appeal Board) Regulations 2003

Regulation

Chairman
Deputy Chairman

Members Member
To hear appellant in person or his representatives
Consider any additional evidence or documents

Power

To award cost or make order in respect to the appeal

Notice to appeal - Within 30 days of date of decision communicated to appellant

Duration

Grounds of appeal within 30 days after submission of notice

OTHER FEATURES OF EQA 1974

Director General of the DOE

Environmental Quality Council
Environmental Quality Audit
Cess and Environmental Fund

APPOINTMENT OF DIRECTOR GENERAL

S3(1) EQA 1974
There shall be a Director General of Environmental Quality
who shall be appointed by the Minister from amongst
members of the public service and whose powers, duties
and functions shall be - .

This led to the formation of the Department of Environment as the

enforcement agency of EQA 1974

DEPARTMENT OF ENVIRONMENT

DOE as Enforcement Agency

Institutionalised in 1975
Main role is to prevent, control and
abate
pollution
through
the
enforcement of the EQA,1974 and its 34
subsidiary legislations made thereunder

The principal agency entrusted to

administer the EQA 1974 and its
subsidiary legislations

DEPARTMENT OF ENVIRONMENT
Established in 1975, EQA 1974

Appointment

15 state offices, 26 branch offices

Ministry of Science, Technology and
Environment (now know as Green Technology
and Water)
Mission - To ensure sustainable development
in the process of nation building

Scope

Roles
and
Responsibilities

Air, Noise,
substances

Water,

Marine,

Hazardous

Cradle to grave concept source generator

has to ensure the source does not have
adverse impact onto the environment
throughout its life
Prevention, control and abatement of
pollution through the enforcement of the
Environmental Quality Act of 1974 and its
subsidiary legislations

DEPARTMENT OF ENVIRONMENT
Environmental
Quality
Council

Environment
Institute
of
Malaysia
(EiMAS)

Established on 12 April 1977 under Section 4(1)of

the Environmental Quality Act, 1974
Advise the Ministry on matters pertaining to the Act
Provides policy guidance to the DOE the formulation
of policies and strategies towards a more holistic
approach to environmental management

Assist in raising the level of public awareness on the

importance of environmental conservation efforts
Trainings for Policies, Tools and development
Provides certification for competent Environment
practitioner

Provides training for certification

Theory
Environment Quality Act
Environmental Impact Assessment
Application

LEGAL REQUIREMENT OF EIA

S.34A(2) of EQA (Amendment) Act 1985
Gazettement of Environmental Quality (Prescribed
Activities, EIA) Order 1987

Any person intending to carry out any of the

prescribed activity shall, before any approval for the
carrying out of such activity is granted by the relevant
approving authority, submit a report to the Director
General. The report shall contain an assessment of the
impact of such activity will have or is likely to have on
the environment and the proposed measures that
shall be undertaken to prevent, reduce or control the
adverse impact on the environment

EIA COVERAGE
Environmental Quality Act

Prescribed Activities (Environmental Impact Assessment) Order,

1987
Prescribed Activities
19 as listed in the Schedule
Exceptions
First Schedule of the Conservation of Environment (Prescribed
Activities) Order 1999 published under the Second
Supplementary of the Sabah Government Gazette on the 30
August 1999
First Schedule of the Natural Resources and Environment
(Prescribed Activities) Order 1994 published under Part II of
the Sarawak Government Gazette on the 18 August 1999
Preliminary or Detailed EIA
Extent of Project significance of impact

PRESCRIBED ACTIVITIES
Industry
Infrastructure

Agriculture

Quarries

Airport

Railways
Transportation

Petroleum
Water Supply

Fisheries

Prescribed
Activities

Ports
Waste Treatment & Disposal
Resort & Recreational Development

Forestry

Land reclamation
Housing
Mining

Drainage & Irrigation

Power Generation & Transmission

PENALTY
S.34A(8) of EQA Act 1974
Any person who contravenes this section
shall be guilty of an offence and shall be
liable to a fine not exceeding five years or
both and to a further fine one thousand
ringgit for every day that the offence is
continued after a notice by the Director
General requiring him to comply with the
act specified therein has been served upon
him

CONTENTS OF EIA
Project information background, initiator, statement of need
Project description process flow description, design basis,
sources of effluent, air and noise emissions, treatment

Condition of existing environment physical and biological

systems
Potential
Impacts
and
Mitigating
Measures
Construction, Commissioning, Operations

during

Environmental Management System

Simulation model on potential impact of activities to the
existing environment

SCOPE OF EIA
Socio
Economic
Environment

Community

EIA
Assessment

EIA PROCESS

Project proposal
Nature of project

Assessment
Short and long
term impacts

Review
Presentation

Deliberation

Socio economics

Application

Approval
Approval
Conditions
Monitoring

Submission

POST EIA COMPLIANCE

Monthly progress reports
Analysis results of Effluent (Water), Air, Noise parameters
Compliance to EIA Approval Conditions and Guidelines by
the DOE
Remedial actions for non-compliances
Checks / Visits by DOE Officers
Scheduled and unscheduled

Liason officer
Appointed company representative for liason with the DOE
Ensure all requirement under EIA approval conditions and
EQA 1974 are strictly adhered to

EIA CYCLE
Assessment

Sustaining

Monitoring

Identification
of impact

Corrective
and
mitigating
actions

Theory
Environmental Quality Act
Environmental Impact Assessment
Application

APPLICATION ISSUES (1)

Issues
Absence of any provision for coordination
between organisation and individuals for
enforcement
Fragmented and disjointed nature of legal
framework state often address issues on an adhoc nature rather than on long-term approach
Colonial influence of maximising exploitation of
natural
resources.
Inhibits
concerted
environmental policy developments at the federal
and state level

APPLICATION ISSUES (2)

Issues
Overlapping functions between Environmental and
Planning agencies The DOE is responsible for industrial
pollution control, however other natural resources are
under the jurisdiction of other ministries or regulating
bodies with separate sets of regulations. Each ministry
promotes development within their own ministry without
proper coordination with environmental management
DOE recommendation to permit or refuse a development
can be ignored by the State Planning Committee

State
Planning
Committee
may
disregard
the
recommendation for purposes of Economic development

CASE LAW EIA : FEDERAL VS STATE LAW

Kajing Tubek & Ors vs Ekran Bhd & Ors (1996) 2 M.L.J. 388
Tahu Lujah, 70, Saran Emu, 48, and Kajing Tubek, 39,
had wanted EIA reports to be made available to them for
their views

Dispute whether the Bakun Hydroelectric Dam (Bakun

Dam) is to be considered under the EQA 1974 which is a
Federal environmental legislation or to be governed by
the Sarawak State Law, Natural Resources Ordinance
1974
The Minister of Science, Technology and Environment
(MOSTE) excluded the application of the Federal EIA
requirements in relation to the construction of dams in
the State of Sarawak (1995 Amendment Order)

CASE LAW EIA : FEDERAL VS STATE LAW

Kajing Tubek & Ors vs Ekran Bhd & Ors (1996) 2 M.L.J. 388
Decision : The EQA was enacted to be applicable to the entire nation.
Subsidiary legislation was permitted to give full effect to the EQA.
Under the guidelines prescribed by the project proponent it cannot
be made without some form of public participation For this is a right
vested with the plaintiffs
The High Court's judgment invalidated the Environmental Quality
(Prescribed Activities) (Environmental Impact Assessment) Amendment
Order of 1995 and ordered the project developer to comply with the
Environmental Quality Act of 1974 before proceeding with the
construction of the dam.
The 1995 amendment order was deemed invalid because of its
retroactive application which removed rights that had already accrued
to the plaintiffs under the Environmental Quality Act of 1974, namely
the right to public participation in the environmental impact
assessment process of the dam.

CASE LAW EIA : FEDERAL VS STATE LAW

Kajing Tubek & Ors vs Ekran Bhd & Ors (1996) 2 M.L.J. 388
Note:

The Bakun EIA was approved amidst much controversy

in 1995 when it was discovered that the Federal
Environmental
Quality
Act
1974
(EQA)
was
retrospectively amended to allow the authority of the
EIA approval for certain projects in Sarawak to be
transferred to the Natural Resources and Environment
Board (NREB) which is subject to the Sarawak Natural
Resources and Environment Ordinance 1994 (SNREO).

CASE LAW EIA : LOCUS STANDI

Ketua Pengarah Jabatan Alam Sekitar v Kajing Tubek [1997] 3 MLJ 23
Appeal to challenge High Courts decision

Decision : 17 February 1997 the Court of Appeal, ruled to allow their

appeal
1. The Sarawak Ordinance co-exists with the EQA, each operating
within its own sphere based on the constitutional authority of the State
of Sarawak to regulate by legislation those components of the
environment that fall within its domain. The Judge concluded that [in]
my judgment, Parliament, when it passed 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 Appeal
Judgment). He agreed with the submission of the Senior Counsel that
the Amendment Order was made not for the purpose of cutting the
ground from under the feet of the respondents as suggested by their
Counsel, but for the purpose of making it abundantly clear to all
concerned that the 1987 order was not, for constitutional reasons,
meant to apply to Sarawak.

CASE LAW EIA : LOCUS STANDI

Ketua Pengarah Jabatan Alam Sekitar v Kajing Tubek [1997] 3 MLJ 23

2. In particular he (the Judge of High Court) did not

have sufficient regard for public interest. Additionally
he did not consider the interests of justice from the
point of view of both the appellants and respondents
The Court of Appeal, in a stunning reversal of the
High Court, held that the Defendants had no locus
standi because they had suffered no special injury
over and above the injury common to others.
Note : Locus standi place of standing that is a place
to stand in court or a right to appear in a court of
justice on a given question

CASE LAW EIA : CONTRAVENTION LICENSE

Lam Eng Rubber Factory (M) Sdn Bhd vs Director of Environment, Kedah & Perlis
[2005] 2 All Malaysian Report (AMR) 471

The appellant operates a rubber factory in Sungai Petani, Kedah.

The factory has been in operation since 1940. Each year the
appellant applied for and obtained a license from the local
authority. In 1974, the Environmental Quality Act ("the EQA") came
into force. Appellant had to obtain a license from the Department
of the Environment, Kedah, which the appellant did so. However,
appellants application for 1994 license was not approved.
Appellant appealed to the Appeal Board S (35) but was not heard.
The DOE refused to issue the license
Appellant went to the High Court to quash the decision of the
DOEs refusal to issue the license
25 February1995 appellant lost since the appellant had no license
for the year 1994, but yet they had carried on their factory illegally
and had no legitimate expectation to have a license for 1995.

CASE LAW EIA : CONTRAVENTION LICENSE

Lam Eng Rubber Factory (M) Sdn Bhd vs Director of Environment, Kedah & Perlis
[2005] 2 AMR 471

Brought the case to Appeal Board for:

1st respondent to consider to grant the license

2nd respondent to hear the case of appeal for the
license
Appellant Lam Eng Rubber
First Respondent Director General of the DOE
Second Respondent Appeal Board
Decision Appeal granted

CASE LAW EIA : CONTRAVENTION LICENSE

Lam Eng Rubber Factory (M) Sdn Bhd vs Director of Environment, Kedah & Perlis
[2005] 2 AMR 471
Judgement
The first respondent, as I have said, had no jurisdiction whatsoever to deal
with the appellant's appeal. His act was ultra vires (in violation) the EQA. We
therefore allowed the appeal with costs here and below and remitted the
appeal to the Appeal Board appointed under s 36 of the EQA to hear and
dispose of the appeal in accordance with law. The orders of the High Court
were set aside. The deposit was ordered to be refunded to the appellant.
In the event, other matters that had been submitted on in the appeal before
us, which turned on the question whether it is correct that, as the learned
judge held, the appellants had no legitimate expectation to a renewal of
license because the appellants had not been issued a license for the
previous period of April 1, 1994 to March 1995 and therefore there was no
license to renew and also because in that period they had been operating
illegally since they had no license, and which included the question of who
was at fault in the appellants' not being able to obtain a license for that
period, .

CASE LAW : HAZARDOUS WASTE (1)

Woon Tan Kan (Deceased) & 7 Ors. vs Asian Rare Earth Sdn Bhd
[1992] 4 CLJ 2207
Storing of Hazardous material at Bukit Merah. Asian Rare Earth
(ARE) was formed to extract (an element in earth) from monazit.
The main shareholders are Mitsubishi Chemical Industries Ltd
(35%), Beh Minerals (35%), Lembaga Urusan dan Tabung Haji
(20%) and some local Bumiputera (10%). The company shall
produce radioactive waste through the monazit processing.
The waste shall belong to the Perak State as it is a potential
source of nuclear energy source.
Plant was in operations beginning 11 July 1982 to 1994
Perak State located the waste storage at the Papan, 16 km from
Ipoh. Struggle of 10 years (from 1984 to 1994)
09 December 1984 Detected radiation level at more than 800
times permitted

CASE LAW : HAZARDOUS WASTE (2)

Woon Tan Kan (Deceased) & 7 Ors. vs Asian Rare Earth Sdn
Bhd [1992] 4 CLJ 2207
The Papan community protested and brought the case
to Ipoh High Court
1 February 1985: 8 residents filed summons to stop
ARE from producing, storing or pile radioactive waste
within the vicinity of the area in line with the Atomic
Energy Licensing Act 1984.
Court proceedings in 32 months. Involved internal
and external atomic energy experts
11 July 1992 : Community wins case against ARE.
High Court directs ARE operations to stop in 14 days.

CASE LAW : HAZARDOUS WASTE (3)

Woon Tan Kan (Deceased) & 7 Ors. vs Asian Rare Earth Sdn
Bhd [1992] 4 CLJ 2207 Follow-ups
23 July 1992 : ARE raised Appeal at the Supreme
Court.
24 July 1992 : Following ex-parte application by ARE,
Supreme Court Judge held Ipoh High Courts decision
to
stop
AREs
operations.
5 August 1992 : Supreme Court allowed AREs
application to reject High Courts ruling on the appeal.
The Supreme Court ruled that the closure will bring
difficulty to the company and the 183 personnel.
19 January 1994 : ARE stopped operations

THANK YOU

1.
2.
3.
4.
5.

6.

7.

8.

The Place of Ecological Ethics in Culture Celovas Kalenda

Earthdance : Living System in Evolution Elisabeth Sahtouris
Environmental Problems and ecological Ethics Wang Miaoyang
Environmental Quality Act 1974
Challenges in Implementing and Enforcing Environmental
Protection Measures in Malaysia Ainul Jaria Maidin
Protecting Indigenous Communities in Malaysia Sahabat Alam
Malaysia
Preliminary Assessment of Malaysias Environmental Law Alan
KJ, Faculty of Law, National University of Singapore
Environmental Impact Assessment Propane Dehydrogenation
Project, MTBE Malaysia Sdn Bhd

CASE LAW : LOCUS STANDI

Abdul Razak bin Ahmad vs Kerajaan Negeri Johor & Anor.
(1994) MLJ 297
Locus standi place of standing that is a place to stand in court or a
right to appear in a court of justice on a given question
Plaintif (a resident of Johor) challenged to plan to build a floating city
at Selat Tebrau. Plaintif requests that the court declare the project as
invalid as it is against Town Planning Act 1976.
Decision: High Court judged that although the project may go against
the Act, there is locus standi to show that the non-compliance will has
or will cause him grievance unless he can show evidence to the court
that he will incur grievance because of the non-compliance.
Being a tax payer does not give sufficient evidence that he has
sufficient interest that needs to be protected by the law in the context
of the project development. Court judged that if plaintiff want to bring
this for further judicial review, the courts permission is required while
the Local Planning municipality will be required to attend.

LOCUS STANDI - COMPARISON

3 MLJ 640; Abdul Razak Ahmad v Ketua Pengarah
Kementerian Sains, Teknologi dan Alam Sekitar [1994] 2
Current Law Journal (CLJ 363);

Application to access the EIA report of the proposed

floating city in Johor Bahru.
Decision : the High Court of Johor Bahru ruled that as a
citizen of Malaysia and a resident of Johor Bahru, the
applicant was entitled to a copy of the EIA as respects
the development of the proposed floating city in Johor
Bahru. Supra, n 3. However, the applicant had succeeded
in this case mainly because the Federal Counsel
representing the Director General of Environment did not
object that the EIA was a public document.]

LOCUS STANDI - COMPARISON

The New South Wales Environmental Planning and
Assessment Act
Provides for open standing and for class actions
to enforce environmental law within the state.
Under S123, any person may bring proceedings
in the Court for an order to remedy or restrain a
breach of this Act, whether or not any right of
that person has been or may be infringed by or
as a consequence of that breach. A person may
bring proceedings on behalf of himself and
others with their consent

LOCUS STANDI - COMPARISON

Australian Conservation Foundation

Inc v Commonwealth [1980] 146 CLR
493.

An environmental group attempting

to stop a proposed building
development with regard to the
validity of purported compliance
with certain environmental laws

LOCUS STANDI - COMPARISON

MC Metha v Union of India [1987] 4 SCC 463;
MC Mehta v Union of India [1987] 1 SCC 395;
MC Metha v Union of India & Ors [1996] 4 SCC 351

Provides for open standing and for class actions to

enforce environmental law within the state. Under
S123, any person may bring proceedings in the
Court for an order to remedy or restrain a breach of
this Act, whether or not any right of that person has
been or may be infringed by or as a consequence of
that breach. A person may bring proceedings on
behalf of himself and others with their consent.