Sarawak gains control over environmental management

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Deputy Premier Datuk Amar Awang Tengah Ali Hasan. Photo: Ramidi Subari

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THE Natural Resources and Environment Bill 2024 grants Sarawak greater authority over its environmental management, particularly in areas such as scheduled waste regulation, environmental impact assessment (EIA), and enforcement measures.

Deputy Premier Datuk Amar Awang Tengah Ali Hasan said that the Bill provides Sarawak with the necessary framework to regulate and manage its natural resources and environment more effectively.

One of the primary changes is the transfer of authority for regulating scheduled wastes from the Department of Environment (DOE) Malaysia to the Natural Resources and Environment Board (NREB) by 2025.

He emphasised that scheduled wastes, primarily generated by industries, will be the first environmental matter to be transferred under the MA63 implementation process.

The Bill also includes provisions for managing EIA and licensing prescribed activities.

“The purpose of EIA is to identify and assess the impact on the environment of a proposed development activity and to detail out the mitigating measures prior to project approval and implementation.

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“The requirement for EIA is now clearly provided for in this Bill. In addition to imposing the EIA requirement, this Bill empowers Sarawak to regulate prescribed activities related to discharges and emissions into the environment through licensing.

“As of today, prescribed activities regulated under the Environmental Quality Act, 1974, include palm oil mills, rubber, and scheduled wastes,” he said.

He said this when tabling the Natural Resources and Environment Bill 2024 during the second meeting of the third session of the 19th Sarawak Legislative Assembly (DUN) sitting today (Nov 12).

Additionally, the Bill introduces licensing for the transportation of scheduled wastes within Sarawak to ensure tighter control over their movement.

The Second Minister for Natural Resources and Urban Development said that the Bill allows individuals carrying out prescribed activities to appoint qualified persons to conduct EIAs and submit environmental impact reports.

“The Controller will also be empowered to certify competent individuals to conduct environmental management activities, such as operating control equipment, managing scheduled wastes, conducting studies, and preparing and submitting reports, plans, proposals, engineering drawings, or other documents related to environmental matters,” he explained.

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A notable provision in the Bill is the establishment of an Environmental Fund, which will support research, pollution mitigation, and other efforts to protect the environment.

The Bill also enhances enforcement powers, granting authorities the ability to arrest, search, test, and prohibit the use of vehicles involved in environmental violations.

Moreover, new offences and penalties have been introduced, with fines ranging from RM5,000 to RM10 million, depending on the severity of the offence.

To further strengthen enforcement, the Bill grants the Controller the authority to offer a compound for offences, with the maximum fine reduced by up to two-thirds.

In cases of second or subsequent non-compliance, a financial penalty 10 times the initial fine will be imposed and deposited into the State Consolidated Fund, with any unpaid penalties recoverable as civil debt.

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