ADS 659 Environmental Management In

Developing Countries

Case Study 2: “Development-Induces Water Pollution in Malaysia:

Policy Planning, Instruments for Protection and Emerging Issues”

Prepared by:

Aliff Shafique

Fatin Naqibah

Khairul Amini

BC5C

Content

1.0 Introduction

2.0 Literature Review

3.0 Issues & Challenges Highlighted

4.0 Evaluation & Recommendation

5.0 Conclusion

Definition / Interpretation / Keyword “environment”

• means the physical factors of the surroundings of the human beings including land, water, atmosphere, climate, sound, odour, taste, the biological factors of animals and plants and the social factor of aesthetics;

“pollution” • means any direct or indirect alteration of the physical, thermal, chemical, or biological properties of any part of the environment by discharging, emitting, or depositing environmentally hazardous substances, pollutants or wastes so as to affect any beneficial use adversely, to cause a condition which is hazardous or potentially hazardous to public health, safety, or welfare, or to animals, birds, wildlife, fish or aquatic life, or to plants or to cause a contravention of any condition, limitation or restriction to which a license under this Act is subject;

Retrieved from: http://www.agc.gov.my/Akta/Vol.%203/Act%20127.pdf Source: Environmental Quality Act 1974

1.0 Introduction

• Basic elements of environment: air, land, energy, natural resources, water & etc.

• It is very vital to take extra care to all of the environmental components mention above.

• Moved toward industrialized country, many development projects take place which slowly affecting our environment, causing environmental degradation.

• As such, various legal framework, policies, mechanism introduced and implemented by the government as to protect & preserve our natural resources and balance it.

Source: http://www.medwelljournals.com/fulltext/?doi=rjasci.2011.179.183

Development

Industrialization

Pollution !

Water Soil Sound Air

Cont… (Water Pollution)

• Human- induced changes to water quality.

• Changes in the chemical, physical, biological and radiological quality of water that is injurious to its existing, intended or potential uses

• Contributed by several sector:

Palm oil, raw rubber, rubber product, food and beverages industries, textiles and chemical.

2.0 Literature Review

Government Policies & Actions

Third Five-Year Plan

First & Second Outline Perspective Plan

Seventh Malaysia Plan

Laws & Regulations

Waters Act 1920

Environmental Quality Act 1974

Street, Drainage & Building Act 1974

Local Government Act 1976

Town & Country Planning Act 1976

Institutions

United Nations [UN]

Department of Environment [DOE]

Local Authorities [Federal & State Government]

Instruments

Polluter-Pay Principle

Licensing Effluent Mechanism

Standardization of Effluent Limits

Economic Instruments [Recycling]

Environmental Auditing

Environmental Impact Assessment [EIA]

3.0 Issues & Challenges Highlighted Issuance of license and its provision - Prevention &

monitoring water pollution issues

Irregularity, contradiction and ambiguity about licensing issue and “acceptable conditions”

[Section 11(4), 18, 21 & 25 of EQA 1974]

Development program vs. Protection of environment – Role play by Director General of Environment

Less stringent of standardization of effluent instrument - “waste exceeds the prescribe limit the contravention license cover such behavior” & “waste being discharge

below the limit the of that condition are legal”

Cont . . . Cost-consuming of raw material & high cost of water

treatment activities

Lack of technology that applicable to enforce suitable labeling requirement for hazardous products, substance and industrial waste + lack of consumer’s awareness

Complication of cess application in waste production & tax exemption on certain field or industry

Conflict of role / overlapping of responsibility of government authorities in EIA + weak enforcement

Other Issues…

Imbalance contribution between the development process and protection of environment - No specific guidelines

in developing process

Lack of implementation and weak enforcement especially in term of environmental policies – greatly argued that various legal and non- legal environmental protection

measures implemented has not been able to prevent further environmental degradation

Source: http://thestar.com.my/news/story.asp?sec=nation&file=/2012/10/12 Source: http://www.freemalaysiatoday.com/category/nation/2012/10/09/juru-river- nation/12161852 dying-of-pollution/

Source: http://www.usm.my/index.php/en/news-archive/7338-industri-diseru-proaktif-laksana-audit-alam-sekitar.html

4.0 Evaluation & Recommendation

Issues: Licensing provision, “acceptable conditions”, Section 18, 21 & 25 of EQA 1974, role of DG

Recommendation: As this provision had been greatly argue which cause irregularity and ambiguity in term of definition & meaning, it is recommended that this provisions should be revised, reanalyzed, scrutinized and amended as to provide clarity in interpretation and implementation.

Issues: Less stringent in terms of standardization of effluent management, time limit given to industrialist to comply with local requirement

Recommendation: Improve performance monitoring system Regulate more strict rules & regulations [time frame & compliance] Reducing license fees

#1

#2

Cont . . . Issues: Cost-consuming in recycling program, including waste treatment + raw material price

Recommendation: Implementing new recycling method, example: Zurich Werdhölzli Plant, Cyklar-Stulz GmbH. Raise public awareness through government plan of actions [publishing, broadcasting, electronic media]

Issues: Labeling requirement for hazardous products

Recommendation: Increase role and participation by the education institutions & government departments Coordinated efforts between government and industrialist Establishment of domestic @ worldwide environmental information website/system,

example: Canada [WHMIS]

#3

#4

Cont . . .

Issues: Application of cess [tax] against waste production

Recommendation: Imposing & increasing levy on landfill, example: practice by Irish Government Abolished or minimized the number of tax exemption / tax deduction

Issues: Conflict of role stated in EQA [definition of “government @ local authority”], overlapping of functions between government agencies & weak enforcement in Environmental Impact Assessment

Recommendation: Reanalyzed and re-clarify the law as to provide clear and distinct responsibility Improving allocation of resources, appoint more expertise [environmentalist, engineers]

#5

#6

5.0 Conclusion • Development projects should be balance as to maintain,

protect and preserve our environment.

• Our existing legislation also should be reanalyzed as to cope up with present situation that various waste, substance had been produced by industrialist.

• The law should be more strict and act more active in PREVENTING rather than CONTROLLING not only the pollution but any other environmental offences/crime.

Source: http://www.usm.my/index.php/en/papercutting/6400-DZULKIFLI-ABDUL-RAZAK--Water-is-life,-guard-it-well-.html

Terima Kasih

Thank You

ありがとう gracias

شكرا merci

danke ขอขอบคุณคุณ