Penang deals with over 100 illegal earthworks


Looi Sue-Chern

Local government executive councillor Jagdeep Singh Deo say offenders often got only a slap on the wrist when brought to court. – The Malaysian Insight file pic, May 2, 2019.

PENANG has recorded 108 cases of illegal earthwork up till March this year.

Local government executive councillor Jagdeep Singh Deo said 64 were on the mainland – 33 in Seberang Prai Tengah, 27 in Seberang Prai Utara and four in Seberang Prai Selatan.

The areas affected on the mainland include Permatang Pauh, Bukit Mertajam, Valdor, and Tasek Gelugor.

On the island, there were 33 cases in the southwest district and 11 in the northeast district.

Among the areas affected are Bukit Relau, Permatang Damar Laut, Ayer Itam, Batu Feringghi and Bukit Bendera.

Jagdeep said existing laws were not enough to deter such activities because offenders often received a “slap on the wrist” when taken to court.

“We may ask the federal government to consider introducing laws with heavier penalties,” he told the Penang legislative assembly this morning during question time.

For such offences, the Town and Country Planning Act provides a maximum fine of RM500,000; while the maximum fine under the Street, Drainage and Building Act is RM50,000.

Jagdeep was taking a supplementary question from Lee Khai Loon (Machang Bubok-PH) who said existing laws seemed to be insufficient to stop illegal earthworks.

“Even the state government has to get the necessary approvals before reclaiming land, but when it comes to private land, we seem to be restricted by the law to act,” he said.

In his oral question earlier, Lee asked what the state government intends to do to tackle illegal earthworks.

Jagdeep said the state has increased the manpower for monitoring areas prone to illegal earth works like the hills, and the daily monitoring time.

The authorities, he said, were also working with environmental groups to monitor such activities.

He also said integrated enforcement will be conducted by all relevant agencies, including the Land and District Offices, and the Survey and Mapping Department.

He also said drones would be used to monitor hard to reach areas, and monitoring would be increased with the use of CCTVs (close circuit televisions).

Stop-work notices and orders to rehabilitate the illegally cleared land, he said, are also issued under provisions of the Town and Country Planning Act, and Street, Drainage and Building Act.

“The Penang Island City Council is now in the final stage of enacting a by-law on earthworks, taking into account current issues, public interest and fines against offenders,” he said.

Jagdeep said the authorities would also confiscate machines, block off the access road to the site to prevent further illegal earth works, and take court action.

However, he stressed that prevention is better than enforcement.

“If we can prevent such incidents, there will be no issue,” he said, adding that the state was working such efforts.

Dr Norlela Ariffin (Penanti-PH) also asked why the authorities could not act immediately to stop the illegal activities when their officers visit the sites after they were alerted.

She cited a recent illegal land clearing case near the Mengkuang Dam in her constituency.

“The authorities visited the site on April 12 but the stop-work order only came on April 17. By that time, more trees were felled,” she said.

Jagdeep said the state had told all local authorities to monitor such incidents closely.

He also assured her that legal action would be taken against the offending landowner in the case she had cited. – May 2, 2109.


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