When haze crosses borders, can the law follow? — Mohd Zulfakar Mohd Nawi and Redza Zakaria
OCTOBER 16 — Malaysia presents a striking statutory paradox when responding to seasonal haze pollution: the nation...
The article discusses the legal paradox faced by Malaysia when dealing with seasonal haze pollution that originates from neighboring countries. While Malaysia has a comprehensive domestic environmental legal framework, it lacks the authority to address atmospheric smoke that crosses borders. The legal foundation for environmental rights in Malaysia is rooted in Article 5(1) of the Federal Constitution, which guarantees the right to life and has been interpreted to include a healthy, pollution-free environment.
A landmark case in 1996 expanded this right, leading to increased penalties for air pollution offenses. The Environmental Quality Act 1974 was amended in 2024 to enhance penalties, including fines up to RM10 million and imprisonment terms of up to five years. The Act also introduced administrative compounds and held landowners legally liable for preventing trespassers from starting fires on their property.
Sarawak, the most affected state, has local environmental regulatory powers under the Natural Resources and Environment Ordinance 1993, with open burning being a significant contributor to haze pollution.
Brief written by urgent.news from Malay Mail's own syndicated text. Machine-written — may contain errors; check the original before relying on it.
