Sarawak raises fine, jail term for illegal burning, pollution


Desmond Davidson

Those who conduct illegal open burning or other activities that can cause pollution in Sarawak will be facing tougher penalties. – The Malaysian Insight file pic, November 5, 2019.

SARAWAK has increased the punishment for illegal open burning and pollution – up to RM100,000 and five years in jail – with the passing of the Natural Resources and Environment amendment bill.

Previously, offenders can be fined up to RM20,000 or a prison term of two years.

Under the amendment, those who continue to ignore the law will be fined up to a maximum of RM1,000 a day.

Deputy Chief Minister Awang Tengah Ali Hassan in tabling the bill said it is introduced with the objective of strengthening the regulatory mechanism for sustainable management of natural resources and the protection of environmental quality in Sarawak.

Awang Tengah, who is also the state’s second resources minister, said the main objectives of the amendment are to enhance the provisions relating to penalties and powers of the state’s Natural Resources and Environmental Board for better enforcement of laws and a more effective deterrent to combat non-compliance of environmental laws in the state; and to expand the law relating to open burning – particularly those related to commercial farming to facilitate better compliance with current environmental needs and practices.

He added the lack of accountability and poor compliance, particularly the developers, “are the main causes of local air pollution, water contamination and land degradation”.

“As such a deterrent, habitual offenders should be given higher penalties over illegal open burning, land and inland water pollution.”

He said the maximum penalties are increased for certain offences with the objective that it will act as a deterrent.

The amendment also has provisions to protect informers and provision for rewards.

“Proactive societal involvement in managing and protecting our environment are possible by leveraging on modern technology and provision for adequate appreciation.

“Therefore, this proposed amendment aims to provide adequate protection and incentives for public and individuals who come forward in reporting and providing information.”

This, he said, will encourage people to come forward with information essential to successful enforcement of the law.

“This amendment aims to minimise air pollution from local sources and consistent with the Malaysian sustainable palm oil certification requirement for smallholders to comply with regulation.”

He gave assurances that the amendment will not affect traditional farming practice of slash and burn by rural communities. – November 5, 2019.


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