Session 5: Access to Environmental Adjudication

Presented By: The Rt. Hon. YAA Tan Sri Richard

MalanjumChief Judge of Sabah & Sarawak

Access to court/tribunal

Environmental Court Civil Court Tribunal

ENVIRONMENTal COURT Established in September 2012 (in Kuala Lumpur and

Shah Alam) Deals with breaches of statutory provisions under the

Environmental Quality Act 1974 and its various regulation made thereunder

For the past 12 months total cases registered:Kuala Lumpur Court : 21 casesShah Alam Court: 63 cases

Nature of cases: pollution of air /soil/inland waters and discharge of waste into inland waters, failure to maintain effluent treatment plant, failure to maintain proper records/standards of effluent treatment plant

Outcome of court cases: of the 21 cases registered in Kuala Lumpur Court, 17 cases were disposed of and of 63 cases registered in Shah Alam Court, 33 were disposed of

Limited cases to justify the establishment of environment court nation wide

Civil court

Civil suit Claim for compensation

Judicial review application To quash administrative

decisions Development plans

Tribunals

Administrative tribunals provided by legislations dealing with environmental appeals and review bodies

For e.g. Lynas case Other environmental cases

challenges Overall policies of the government

Developments Economics Physical

Existing Legislations Attitudes of enforcement agencies

Ministries and Departments In conflict positions

Courts Training and awareness of

judges Public Awareness Resources Limitation

Challenge TO DEVELOPMENT PLAN

MURUM DAM PROJECT

Malaysian police arrest tribes people protesting dam(AFP) – 2 days ago

Kuala Lumpur — Malaysian police on Thursday arrested eight tribes people blocking access to a dam which they say will displace them from their lands, amid increasing protests on Borneo island. Police arrested the eight Penans including two teenagers, took down banners and dismantled wooden barriers on the road to the remote $1.3 billion Murum dam in Sarawak state, said activist Raymond Abin. Abin, an official with the NGO Save Sarawak's Rivers Network, said some 100 other Penans remained at the site to continue the blockade.

Murum dam project

Old clock tower

LYNAS PROTEST

Atomic energy licensing act 1984

Section 15 (1) Subject to this section, the licensing authority under this Act shall be the Board.

(2) The Board shall grant a general licence to the Director-General of Health to issue separate licences on behalf of the Board to any person applying for a licence to undertake any of the activities referred to in the classification of licences under this Act where such activities are in respect of medical purposes.

Atomic energy licensing act 1984

Section 31

In the performance of its functions under this Part, the appropriate authority may, if it thinks it fit so to do, consult the Director-General of Environmental Quality appointed under section 3(1) of the Environmental Quality Act 1974 on any matter under this Part.

Atomic energy licensing act 1984

Section 32 (1) Any person who is dissatisfied with any decision of the appropriate authority made under this Act may within thirty days after being notified of such decision give notice of appeal in writing to the Minister in the prescribed manner.

(2) The Minister shall as soon as is practicable cause to be served on the appellant a written notice specifying the date, time and place at which the appeal is to be heard: Provided that the date so specified shall in no case be earlier than thirty days from the date of service of such notice.

(3) The grounds of appeal shall be submitted to the Minister not less than ten days before the date fixed for the hearing of the appeal.

THANK YOU