ENVIRONMENTAL LAW

GMUL 5063

GROUP 4
Nor Nuha Mahfuz
- 803766
Rohida Abdul Wahab - 803770
Norzaimah Mohd Dzin - 803768
Salma Mohd Kasim - 806916

CONTENTS
Theory

Theory
Environmental
Application
QualityAssessment
Impact
Act

RELATIONSHIP
Earth

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

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

THEORIES OF ENVIRONMENTAL ETHICS

Leopold

THEORIES - TAKEAWAYS

Human, Earth and Nature make up an organic system of interdependence, or one world or commonwealth. Mankind i

EVOLUTION OF ENVIRONMENTAL POLLUTION

EVOLUTION OF ENVIRONMENTAL POLLUTION

Environmental pollution
Rapid industrialisation in
1950s to 1970s

Ecological Crisis

Globalised Impact

EVOLUTION OF ENVIRONMENTAL POLLUTION

International symposium

GLOBAL REQUIREMENT

Declaration of the United Nations Conference on Human Environment, Stockholm 197

Theory
Environmental
Application
QualityAssessment
Impact
Act

LEGAL FRAMEWORK Before 1974

Water Enactment 1920 (Act 418)

LEGAL FRAMEWORK Before 1974 (cont)

Mining Act

LEGAL FRAMEWORK Before 1974 (cont)

Issues

ENVIRONMENTAL QUALITY ACT 1974

Gezetted

ENVIRONMENTAL QUALITY ACT 1974

POLICY FRAMEWORK

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

EQA 1974 (Act 127)

Governed by 35 regulations to regulate specific activities and impact

onto the environment

ELEMENTS COVERED UNDER EQA 1974

EXAMPLES OF REGULATIONS UNDER EQA 1974

Environmental Quality (Licensing) Regulations 1977

REGULATIONS UNDER EQA1974 (related to EIA)

Environmental Quality (Clean Air ) Regulations 1978

REGULATORY FRAMEWORK
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

COMPOUNDING OF OFFENCES
S.45 of EQA 1974

ENFORCEMENT CONCEPT
Prevention
Cradle
to grave
is better than cure
Prevention
Cradle
to grave
is better than cure

APPEAL
S.35 of EQA 1974

APPEAL BOARD
Regulation

OTHER FEATURES OF EQA 1974

Director General of the DOE

APPOINTMENT OF DIRECTOR GENERAL

S3(1) EQA 1974

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

enforcement agency of EQA 1974

DEPARTMENT OF ENVIRONMENT
DOE as Enforcement Agency

DEPARTMENT OF ENVIRONMENT
Appointment

DEPARTMENT OF ENVIRONMENT
Environmental Quality Council

Environment Quality
Theory
Environmental
Application
ImpactAct
Assessment

LEGAL REQUIREMENT OF EIA

S.34A(2) of EQA (Amendment) Act 1985

EIA COVERAGE
Environmental Quality Act

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

CONTENTS OF EIA
Project information background, initiator, statement of need

SCOPE OF EIA

EIA PROCESS
Nature of project
Project proposal

POST EIA COMPLIANCE

Monthly progress reports

EIA CYCLE

Theory
Environmental
Application
QualityAssessment
Impact
Act

APPLICATION ISSUES (1)

Issues

APPLICATION ISSUES (2)

Issues

CASE LAW EIA : FEDERAL VS STATE LAW

Kajing

CASE LAW EIA : FEDERAL VS STATE LAW

Kajing

CASE LAW EIA : FEDERAL VS STATE LAW

Kajing

CASE LAW EIA : LOCUS STANDI

Ketua

CASE LAW EIA : LOCUS STANDI

Ketua

CASE LAW EIA : CONTRAVENTION LICENSE

Lam Eng Rubber Factory (M)

CASE LAW EIA : CONTRAVENTION LICENSE

CASE LAW EIA : CONTRAVENTION LICENSE

Lam Eng Rubber Factory (M)

CASE LAW : HAZARDOUS WASTE (1)

Woon Tan Kan (Deceased) & 7 Ors.

CASE LAW : HAZARDOUS WASTE (2)

Woon Tan Kan (Deceased) & 7 Ors.

CASE LAW : HAZARDOUS WASTE (3)

Woon Tan Kan (Deceased) & 7 Ors.

THANK YOU

REFERENCES
1.

The Place of Ecological Ethics in Culture Celovas Kalenda

2.

Earthdance : Living System in Evolution Elisabeth Sahtouris

3.

Environmental Problems and ecological Ethics Wang Miaoyang

4.

Environmental Quality Act 1974

5.

Challenges in Implementing and Enforcing Environmental Protection

Measures in Malaysia Ainul Jaria Maidin

6.

Protecting Indigenous Communities in Malaysia Sahabat Alam Malaysia

7.

Preliminary Assessment of Malaysias Environmental Law Alan KJ,

Faculty of Law, National University of Singapore

8.

Environmental Impact Assessment Propane Dehydrogenation Project,

MTBE Malaysia Sdn Bhd

CASE LAW : LOCUS STANDI

Abdul Razak bin Ahmad

LOCUS STANDI - COMPARISON

3

LOCUS STANDI - COMPARISON

The New South Wales Environmental Planning and Assessment Act

LOCUS STANDI - COMPARISON

Australian Conservation Foundation Inc v Commonwealth [1980] 146 CLR 493.

LOCUS STANDI - COMPARISON

MC