Natural Resource and Environment Ordinance 1993 (Sarawak)

Introduction

Bac gr

f legislati e ee s

Environmental challenges
Rapid industrialization and economic growth in past 20 years have transformed Malaysia from predominantly agriculture to an industrialized one. Environmental challenges are caused primarily by rapid industrialization and exploitation of resources. Deforestation, depletion of fisheries, air and water pollution and contamination by industrial waste are among the serious problem

Legislation in Sarawak
Natural Resource and Environment Ordinance 1994 Natural Resource and Environment (Prescribed Activities) (Amendment) Order 1997 Natural Resource & Environment (Compounding Offences) Rules 1997 Forest Ordinance 1954 National Parks & Reserve Ordinance 1998 Parks and Green Ordinance 1993 Sarawak Rivers Ordinance 1993 Water Ordinance 1994 Biodiversity Centre Ordinance 1997 Local Authority (Cleanliness) Bye-law 1999 Wildlife Protection Ordinance 1998 Veterinary Public Health Ordinance 1999

National Policy on Environment

Enhancement of Quality of Life & the Environment

Sustainable Development

Economic, Social, Cultural Pro ress

Principles
Stewardship of the Environment, Conservation of Natures Vitality and Diversity, Continuous Improvement in the Quality of the Environment, Sustainable Use of Natural Resources, Inte rated Decision Makin , Role of Private Sector, Commitment and Accountability, and Active Participation in the International Community

Green Strate ies

Education and Awareness Effective Mana ement of the Naturral Resources and Environment Inte rated Development Plannin and Implementation Prevention and Control of Pollution and Environmental De radation Stren thenin Administrative and Institutional Mechanism Proactive Approach to Re ional and Global Environmental Issues Formulation and Implementation of Action Plans

Issues and Challen es in Sarawak

Incorporatin environmental into development process, Conflictin use of resources, Conservation of wetland/peatland, Carryin capacities of ecosystem, Review Standards and Guidelines, Re ional/Accumulative impacts of small development, Strate ic Environment Assessment, Public Apathy, Lack of baseline data, Inadequate covera e of environmental le islation, Institutional capacity, International cooperation on Transboundary environmental Issues, Waste Mana ement e. . ille al dumpin , and Cooperation between Federal and State a encies.

Environmental Le islation in Sarawak

Le islative Powers of Parliament and State
Provisions under Ninth Schedule Constitution of Malaysia: List I (Federal), List II (State), and List III (Concurrent). Environment matter not enumerated under any of the Lists Article 77 of the Constitution of Malaysia; Legislature of State shall have power to make laws with respect to any matter not enumerated in any of the Lists set out in the Ninth Schedule, not being a matter in respect of which Parliament has power to make laws (Fong, 1996)

Continue

State amended Colonial le islation

Natural Resources Ordinance, 1949 to Natural Resources and Environment Ordinance, 1993

Natural Resource & Environment Ordinance 1993(NREO)

Originally Natural Resource Ordinance 1949. Establishes NREB Purpose of the ordinance
Conservation of natural resources Protection and enhancement of environment Prevention and control of activities which pollute the environment

Amended in
1997 in response to the haze problem 2001 introduce new definition on open burning (sect 2), to create a fulltime Deputy Chairman post for NREB (sect 3), make pollution of soil and land an offence (sect 30)

Natural Resources and Environment Ordinance (NREO),1993

Objective: Title Strate ies: Sect. 5a, b, e, i.
-provisions that allow the NREB to formulate ways to develop plans how to achieve the objectives of NREO, 1993

Le al instruments: Sect. 5, 10, 11A (1), 14, 18, 30, 30a, 33

-provision under Sect. 11A(1) NREO, 1993 to make subsidiary legislation; The Natural Resources and Environment (Prescribed Activities) Order, 1994

NREB
Organizational structure (section 3)
Policy Making Body
Chairman: Minister of Planning and Resource Management Deputy chairman: YB James Dawos Secretary: Controller of Environmental Quality Members: SAG, PS to MPRM, MoE, MLD, Director of FD, DID, DOA, L&S Federal representative: DG of DoE

Management & Administrative Body

Controller of Environmental Quality (DR. Penguang Manggil) and 3 assistant controllers, OIC of regional offices

NREB
Function and power (section 5)
Develop policies and guidelines for protection and management of environment Determine how natural resources can be exploited sustainably Direct person or authority dealing with development, exploitation and management of environment to maintain environmental quality Make subsidiary legislation for the protection and enhancement of the environment

Core Activities of NREB

Monitoring and enforcement. EIA (under section 11A(1) of NREO) Education and awareness programme Centre for Remote Environmental Monitoring (Lubok Antu, Lawas, Tebedu) detect hot spots due to open burning & forest fires Management and conservation of water catchment areas Administer Parks and Green ordinance Control of livestock pollution by monitoring farms Control of water pollution by monitoring water quality Urban environment and public health by monitoring illegal dumping and open burning

Conservation of natural resources

Sect 10.1: Board may make order for the conservation of natural resources. Sect 10.3: failure to comply with the order is an offence. Penalty is a fine of RM1000 and 6 month jail for 1st offence. For 2nd offence, penalty is 1 year jail and a fine of RM2000

Specific offences under NREO

Sect 30: specifies types of offence and penalty.
Burn, cut or destroy vegetation in any conservation area knowingly pollutes inland waters, soil and land submit false report to NREB Penalty is a fine of RM10,000 and imprisonment for 3 years

Sect 31: a person who refuses to comply with NREB order (to carry out work to protect environment or order to refrain from carrying out work) commits an offence. Fine RM10,000 or jail not more than 5 years or both Sect 32: police officer or other duly authorized persons may enter land, premises, vessel, etc. and seize tools, equipment, vehicles, etc. used to commit the offence

NREO Subsidiary Legislations

NRE (Prescribed Activities) (Amendment) Order 1997 NRE (Compounding of Offences) Rules 1997 NRE (Prohibition of Clearing and Burning of Vegetation and Combustible Materials) Order 1997 repealed, incorporated into main ordinance NRE (Control of Livestock Pollution) Rules 1997 repealed, incorporated into Veterinary Public Health Ordinance 1999

Quick Checks on sleepin Class!!

What is meant by Prescribed Premises in EAQ 1974? Provide examples!! What is meant by Prescribed Activities as stated in Sarawak NREO 1993? Provide examples!!

Prescribed premise and activity? Know Your Laws!!

NRE (Prescribed Activities) (Amendment) Order 1997

Made under sect 11A(1) of NREO Section 3: Any person who intends to undertake any of the prescribed activities (listed in schedule 1) shall submit to the board an EIA report prepared by expert approved by the board. The scope and depth of coverage shall be determined by the controller of NREB. Section 4: specify the format of an EIA report

NRE (Prescribed Activities) (Amendment) Order 1997

Section 6: No prescribed activities shall be carried out until permission in writing has been obtained and the person carrying out such activities has undertaken in writing to comply with such orders and direction made by the board Section 8: Penalty for offence against this order is a fine of RM10,000 or jail for 5 years or both

Prescribed activities (Schedule 1)

Agricultural development >500 ha Logging (re-entry) >500 ha Development of commercial, industrial and housing estates >10 ha Fisheries and activities which endanger aquatic life and damage river banks Activities which pollute inland water or affect sources of water supply, eg. Construction of dam, irrigation, mining Any other activities that have adverse impact on the quality of environment or damage natural resources of the state

The Natural Resources and Environment (Prescribed Activities) Order, 1994 (in detail) Listed matters;
A riculture plantation development, Forest Harvestin , Housin , commercial or industrial estate development, Minin of minerals (river sand and clay extraction), Quarryin of rocks, River diversion and dam, fishery and aquaculture, Hill slope development, Road construction, Golf Course development, Beach Resort or park development, Others (Section 10, NREO, 1993)

The rural story...

Development and Environment ...

Development & endan ered Communities

... And their polluted environment

... Sand instead of deep clear water

NRE (PA) Order, 1994 continue.

Article 3(1)
Mandatory requirement of EIA, Expert or authority approved by NREB

Article 3(2)
Consult Controller on scope and depth of covera e of EIA study

Article 4
Format of EIA (Second Schedule)

Article 5
Controller; approval, alteration, amendment, addendum, and deletion as appropriate on uidelines or conditions

NRE(PA)Order, 1994 continue

Article 6
Issuance of approval with conditions Undertakin of approval conditions

Article 7
Power to issue stop-work order

Article 8
Penalty and fine

NRE (Compounding Offences) Rules 1997

Made under sect 18(B) of NREO Empowers authorized officers to issue offers to compound offences as a means of penalty instead of lengthy court procedures Compound fee is set at 10-30% of the maximum fine of the particular offence
eg. Open burning max fine is RM20,000 so the compound fee is RM2000-6000

THANKS for NOW