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Malaysia's Public Policy on the Environment
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Malaysia’s Public Policy on 5
the Environment
Kok-Kheng Yeoh and Yemo Zhang
Introduction
Malaysia’s land planning system and environmental policy are
implemented within a broader framework overseen by the government.
Malaysia’s implementation of environmental planning is important for
economic development. These policies and systems promote regional
development and environmental protection. Malaysia’s environmental
land policy consists of many successive legal documents. Although the
Constitution stipulates that the state land is a Treasury issue, the states
have the right to develop their own policies. However, all these policies
should be consistent.
Environmental policy is aimed at managing human activities in order
to prevent, reduce or mitigate the harmful effects on nature and natural
resources and to ensure that man-made changes to the environment do
not have any harmful effects on human beings (McCormick, 2001: 21).
Environmental policy encompasses two key terms: environment and
policy. Environment is a broad concept of three major dimensions: the
ecological (ecosystem) dimension, the social (quality of life) dimension
and the economic (resource management) dimension (Bartlett, 1991: 9).
According to the Concise Oxford Dictionary, “policy” can be defined as a
"course of action or principle adopted or proposed by a government, party,
business or individual". Environmental policy therefore focuses on the
problems posed by humans on the environment, (negatively) influencing
issues such as human health or the "clean and green" environment.
Environmental issues are usually covered by environmental policies which
include (but are not limited to) air and water pollution, waste management,
ecosystem management, biodiversity protection, and the protection of
natural resources, wildlife and endangered species.
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Practices of Public Administration in Malaysia
Environmental policy on land contributes to a country's social
stability, regional economy, environmental protection and urban planning.
Environmental policy on land is particularly prominent in overall
environmental policy.
A country’s policies and economic mission will change within a certain
period of time. The areas of changes are the criteria of act development,
usage of regulation, governing, protecting and management in land
resources. It is important to have land adjustment measures on various
contradictious which include land policy, financial policy and taxation
policy related to land (Zhao, 2005: 67-69).
Table 5.1: Population of Malaysia in Comparison with Neighbours, 2017
Country Population
India 1,309,710,000
Indonesia 258,800,000
Pakistan 193,000,000
Bangladesh 161,510,000
Philippines 104,200,000
Vietnam 92,640,000
Thailand 68,980,000
Burma 52,250,000
Malaysia 31,720,000
Nepal 28,830,000
Australia 24,360,000
Taiwan 23,550,000
Sri Lanka 21,250,000
Cambodia 15,780,000
Laos 7,160,000
Singapore 5,590,000
New Zealand 4,710,000
Bhutan 790,000
Brunei 420,000
Source: Data from “New Southbound Policy: An Introduction (2017.02.28)” (from Office of
Trade Negotiations Executive Yuan - New Southbound Policy 2017-03-01), New Southbound
Policy Portal. <http://nspp.mofa.gov.tw/nsppe/news.php?post=112894&unit=376>
The concept of environmental land policy does not only include
ownership, occupancy and usage. It also includes pollution control,
environmental protection, operating management and development of
land.
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Malaysia’s Public Policy on the Environment
Geographically the Federation of Malaysia is spread over 329,750 sq.
km. and has a population of approximately 32 million (Table 5.1). It has a
4,192-kilometer coastline and a tropical rain forest climate. Environmental
issues in Malaysia are related to the pollution caused by agriculture,
industry and domestic activities.
Ecological degradation represents the typical environmental problem
of developing countries. Questions such as soil erosion, desertification
and stony desertification are becoming more prominent issues. Ecological
security faces increasingly severe challenge day by day.
While sustainable development has been a priority in the agenda of
many governments in Southeast Asia, these governments still face the
following common environmental problems: land/soil deterioration and
deforestation; water pollution; air pollution, global warming and ozone
depletion; urban and Industrial wastes; population pressure (Huong,
1999). The resource management and environmental policies introduced
by the Southeast Asian governments mainly come under the following
categories: pricing policy or fee of using environment, management of
resources by governmental regulation, green tax and clean technologies,
while not ignoring the importance of community involvement and regional
cooperation and support from developed countries (Huong, 1999).
Overview of Malaysia’s Environmental Policy on Land Related to
Agricultural, Industrial and Domestic Activities
In order to correct the imbalance of economic and social activities and
environmental protection, Malaysia has established an environmental
policies and land planning systems which played an important role in the
overall environmental development planning and also in the promotion
of regional development.
The goal of Malaysia’s National Environmental Policy is to develop
continuously on economic, social and cultural fronts. It also aims at
enhancing the quality of people’s life through environmentally sound and
sustainable development approach (Anand, 1983).
The Background of Malaysia’s Environmental Policy on Land
Malaysia’s government realises the importance of environmental land
protection on national development aspect. Under the new economic
policy and national development policy, an overall framework for
national development is provided. One of the important elements in
national development is land. To achieve success, Malaysia has to rely
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Practices of Public Administration in Malaysia
on land policy and planning framework as it will help to achieve national
development policies and strategies.
The growth of Malaysia is undoubtedly derived from natural and
natural resources. As Malaysia moves towards attaining developed-nation
status, Vision 2020 envisages that the land should remain productive and
fertile, rich in natural diversity, clear and clean air, unspoiled water and
balanced land eco-system. These resources even play bigger roles as the
sources of wealth creation, essential support systems for the uniquely
diverse Malaysian culture, manifestations of natural heritage and also
symbols of national pride.
When exercising its sovereign right over natural resources, the country
will develop and utilize these rights on a sustainable basis. Malaysia
realized that indiscriminate resources utilisation, over-consumption and
other unsustainable development practices will erode the foundation of
national success and could jeopardize its continued progress (DOE, 2002).
This National Environment Policy statement sets out the necessity
principles and strategies to ensure that the environment remains
productive, both ecologically and economically. Nation’s natural resource
accounting system would be designed and implemented to ensure a
balanced perspective on the role of environment and natural resources
in relation to overall development plans and strategies.
Factors taken into considerations include integration between
policies, programs, plans and project formulation. For implementation,
a comprehensive assessment process on social, ecological and health
effects are considered. Public participation plays an important role in
ecological protection. Thereby, there will be a healthy balance between
human and nature.
In areas where intensive or extensive use of resources such as land,
water and the marine environment is proposed, development planning
would be on a regional basis rather than on a project basis. Both economic
development and environmental protection objectives are taken into
consideration (DOE, 2002).
Urbanisation has brought many problems, for example, those related
to squatters, traffic jams, land increment and pollution. These problems
are due to the vertical imbalance within the federal system. States’
authorities sometimes ignore the importance of taking care on land use.
They refuse to accept the federal government’s decision on land utilisation
for corporate planning. As a result, the state authorities do things in their
own way instead. This causes the national land utilisation policy to be in
existence in name only. Thus, the definite goal of national development
plan cannot be realised.
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Malaysia’s Public Policy on the Environment
Current Environmental Policy on Land in Malaysia
i. The National Policy on the Environment 2002
This policy is functioning as protection and conservation of the environment
and natural resources in order to meet the needs and aspirations of the
country’s population, particularly with regard to productive capacity of
resources such as land, forests, biodiversity and water. There are three
objectives that are to be achieved. First of all is a clean, safe, healthy and
productive environment for present and future generations. Secondly is
conservation of the country’s unique and differentiate varieties of cultural
heritage. Lastly, natural heritage with effective participation by all sectors
of society. This background provides sustainable lifestyles and patterns of
consumption and production. Land-use planning and implementation
would be based on a comprehensive assessment of critical parameters
such as land suitability, the need for soil conservation, land capabilities
and carrying capacities, taking into consideration the current and future
needs of the community.
Advanced technique plays an important role in environmental
protection on land – resource mapping technique and geographical
information systems which further illustrate environmentally sensitive
areas such as steep or hilly land, forests and wetlands. They are used
wherever is appropriate. Special attention is given to minimising land
degradation such as soil erosion and degradation due to mining activities.
Preventive measurement will be taken to protect and conserve elements of
the national historical, social and cultural heritage, including outstanding
natural features and landscapes (DOE, 2002).
ii. Malaysia’s National Biodiversity Policy 1998
The goal of this policy is to maintain and strengthen environmental
stability of the functioning of ecosystems – environmental stability,
ecosystem services, ecosystem functions’ benefits to humans, including
improving air and water quality, maintaining hydrological conditions, soil
generation, protecting soil and water, nutrients recycling, energy supply,
carbon sequestration and oxygen release. The various living organisms
in ecosystems help to stabilize the environment, sustaining ecological
services and providing basic amenities and recreational opportunities
for humankind, including sustainable environments, materials, water and
productive soils.
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Practices of Public Administration in Malaysia
Malaysian Environmental Policy on Land Related to Agriculture,
Industry and Domestic Activities
i. Malaysian Environment Policy on Agricultural Activities
Agricultural practices and technologies in minimising the usage of
pesticides and inorganic fertilizers are encouraged. Integration between
pest management practices, organic farming, environment-friendly
agriculture and aquaculture methods are promoted (DOE, 2002). The
Third National Agricultural Policy (1998 – 2010) (NAP3) was launched
to ensure that the capacity of the agricultural development sector plays a
strategic role in national development, especially in the maintenance and
strengthening of the new challenges. Finally, NAP3 focuses on improving
productivity and competitiveness, deepening relations with other sectors,
expanding new frontier areas and protecting and utilising natural resources
on a sustainable basis. It also aims to create an enabling environment for
promoting and supporting measures that contribute to the growth of the
agricultural sector. Existing policies and strategies emphasize on sustained
agricultural productivity and market growth.
Extensive growth of the agricultural sector requires the nation to address
the challenge of efficient and optimal utilisation of existing resources in
order to further improve competitiveness. Due to limited resources and
rapid changes in global trading and investment on environment, it is
necessary to have enhanced development in agricultural sector in order to
meet global competitiveness. In addition, the concerns about the demand
and supply of food required the country to increase the competitiveness
of its food production. All of these challenges required new strategic
directions and policy priorities to improve the economic contribution and
growth of the agricultural sector.
The policy also focuses on sustainable development. In pursuing
agricultural and forestry development, sustainable management and
utilisation of resources are used as reference. Rules, regulations and
incentives are used to strengthen, to encourage environment-friendly
agricultural and forestry practices. It also helps to minimize the negative
impact to environment. In addition, research and application of appropriate
technologies and innovations are emphasized too.
Pesticides are widely used in agricultural activities. Persistent organic
pollutants (POPs) are organic compounds with a very long half-life in the
environment and subjected to slow the physical, chemical and biological
degradation. They can travel through the ecosystem for long distances in
a local and global scale.
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Malaysia’s Public Policy on the Environment
Pesticides Act, 1974 was formulated to ensure the registration of
pesticides prior to their sale. The active substances in the pesticides must be
evaluated according to environmental assessment, health assessment and
efficacy specifications. Registration of pesticides must be updated every
three years and new scientific knowledge and/or strengthened standards
may result in a refusal, i.e. deregistration. The Malaysian Pesticide Board
has monitored four deregistered POPs pesticides. About the registration
of new pesticides, the Board has developed an embedded policy that
looks into some important standards such as the environmental fate of the
pesticide and toxicological aspects of it. In the standard of environmental
fate, aspects such as the persistency, mobility, bioaccumulation and
leaching capacity of the pesticides are evaluated and monitored. Pesticides
showing any of these standards are immediately banned from registration
in the country. The Pesticide Boards are encouraged to incorporate the
above policies, as these standards are considered to be suitable for
monitoring any new persistent organic pollutants entering the country. This
is because all four features tested under the environmental fate protocol
are undeniably the most prominent feature of POPs pesticides. Through
this embedded policy, there is a degree of assurance that new persistent
organic pollutants will be hard-pressed to penetrate the country for any
sector.
On the other hand, ratification of PIC (Prior Informed Consent) Treaty
on 24th February 2004, the Rotterdam Convention on the Prior Informed
Consent Procedure for Certain Hazardous Chemicals and Pesticides in
International Trade (known as the PIC treaty) became legally binding.
The Convention provides a warning procedure in the international
trade of hazardous pesticides and other chemicals. There are currently
73 signatories and 59 parties. Indonesia is one of the signatories. PAN
(Pesticide Action Network) Indonesia is urging the government and
parliament to ratify the PIC Convention so that it becomes national law.
Malaysia has ratified the convention and is urging the inclusion paraquat
in the PIC list.
In agriculture, the main crops in Malaysia are oil palm, rubber and
rice. Oil palm plantations constitute a major sector. Related to this, the
most commonly used herbicide in Malaysia are pesticides. The amount of
glyphosate is the highest which is 41 percent of the agent with a capacity
of 15 million liters per year. The average annual consumption of paraquat
is 700 million liters; the amount of glufosinate-ammonium and metsulfuron
both reached 100 million liters. Insecticides and fungicides are used in
small amounts, which are mainly B.t. (Bacillus thuringiensis, a kind of
pesticide) and methamidophos (Ismail et al., 2010).
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Practices of Public Administration in Malaysia
Malaysian Environment Policy on Industrial Activities
Industries are encouraged to develop policies that have lower impacts to
environment due to its own operations or products. An integrated approach
in prevention and control on pollution is categorised into four areas:
1) A proper combination of corrective and preventive measures.
As it has been said “prevention is better than cure”, so effective
prevention measures can prevent pollution and reduce
unnecessary costs that may occur.
2) Control of the main sources of emissions into air, land and water.
Environmental pollution is very contagious. The best way to
defeat is to reduce the sources of pollutants.
3) Taking a practical approach to reduce pollution by promoting
cleaner production technology. This is because advanced,
applicable, and effective technology is very important as it can
quickly eliminate pollution.
4) Implementation of “polluter pays” principle and other
appropriate techno-economic incentives and disincentives.
Determination of a success or failure in environmental issues
depends on human activities. Hence raising people’s awareness,
rewarding and punishment are useful tools. “Polluter pays”
principle is not only a beneficial human environmental
protection idea, but also conducive environmental remediation.
Industries are encouraged to have self-discipline and to practice self-
prevention in preventing and controlling pollution especially among large
companies. This is because they have the ability to use clean technology
and are able to finance it. One of the initiatives is to establish and
implement an environment management systems (EMS) to be promoted at
industry level, encouraging major business and industry players to establish
partnership programs with small and medium-scale enterprises (SMEs) in
order to help facilitating the exchange of experience in EMS (DOE, 2002).
Malaysian Environment Policy on Domestic Activities
In any kind of domestic land-use, Malaysia can be considered quite
successful in terms of taking up the challenge. Among the highlights are
investments in domestic public transportation, the progressive elimination
of lead from gasoline and the clean-up of the palm oil industry. The most
recent one is the rationalisation of waste management.
In addition, the domestic area is an important engine of recent
economic growth and may further increase in the medium term. Therefore,
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Malaysia’s Public Policy on the Environment
the solution to the domestic pollution problem should not overly strangle
the productivity of these areas which is very crucial. Economic instruments
should have considerable potential to provide a balanced approach to
domestic environmental management in a cost-effective manner (Kennedy,
1999).
Environmental Legislations in Malaysia
All policy-making mechanisms by the government to address environmental
and development-related issues would focus on simplification and
harmonisation for effective and efficient implementation, monitoring
and feedback.
The “National Land Code” (NLC) 1965
Human activities are based on land and affecting land as well.. Rational
allocation and usage of land is the key to land conservation. NLC has made
detailed provisions in dealing with land ownership, distribution, usage, and
so on. This law provides a good external environment for the Malaysian
government to protect the land. Meanwhile, NLC also provides a reliable
basis for formulating policies on land protection for the government.
The first and basic law of the Malaysian Land Law is the National
Land Code 1965 which was effective from January 1, 1966. Since then,
the 11 states of Peninsular Malaysia have been implementing a unified
land-tenure system. Penang and Malacca states’ land-tenure system has
profited from Britain’s property rights and the property remises policy.
The contract was the foundation of land ownership that is different from
other states’ residents.
For example, in NLC, land types are divided into industrial land,
agricultural land and land for household use. The method of classification
is based on the land surrounding environment. The land management
department distributes the land without damaging the environment. The
law of NLC is helpful to the environmental policy on land.
Environmental Quality Act 1974
Since the early 1920s, Malaysia has enacted legislation related to the
environment, including Water Enactment Act 1920, Mining Act 1920,
Forest Enactment Act 1920, etc. However, the limited scope of legislation
dealing with complex and emerging environmental issues is not enough.
Therefore, under the "Environmental Quality Act 1974", a more appropriate
form of legislation and organisation was established.
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Practices of Public Administration in Malaysia
EQA is to prevent, reduce and control pollution and improve the
environment or for other related purposes. Pollution, as defined in EQA,
including direct or indirect changes in the environment, or any part of it.
In other words, this is a positive act or omission.
Pollution is “controlled” through the mechanism or regulations issued
by the Department of Environment to licensees. Licensees are responsible
for exhausting or launching wastes that not exceeding the acceptable
requirement into the atmosphere, as well as noise pollution, polluting or
leading to the pollution to any soil or surface of any land.
Environmental issues related to legislation and standards would be
reviewed regularly and revised whenever necessary. This is to ensure the
continuing effectiveness and coordination of laws. By so doing, an effective
enforcement could be implemented.
Hence, Malaysia has a comprehensive environmental legislation. It is
scientific and cautious in co-ordinating the relationship between policies
and people’s behavior.
Malaysia’s Environmental Policy on Land Related to Agricultural
Activities
Agriculture sector still plays a very important role in Malaysia’s development
and a lot of prominence has been placed on it.
Cameron Highlands is one of the famous tourist resorts in Pahang,
where vegetables and tea are planted. But all these plantations have
posed a danger to the fragile environment. Large-scale farming has caused
thousands of acres of forest land to be ploughed up and indirectly it has
destroyed the habitat of thousands or even millions of wildlife. Due to this,
wildlife starts migrating in order to escape the dangers of human activities.
Without realisation, they caused an imbalance in their ecosystem whereby
some areas are too densely populated with predators and do not have
enough food to go around the chain.
Malaysia has abundant natural resources in fields such as agriculture,
forestry and minerals. In agriculture, Malaysia is a major exporter of natural
rubber and palm oil, which, together with sawn logs and sawn timber,
cocoa, pepper, pineapples and tobacco, dominate the development of the
industry. Palm oil is also a major producer of foreign exchange. In Malaysia,
a few public and private organisations such as FELDA (The Federal Land
Development Authority) and Sime Darby are managing palm oil activities.
In the meantime, FELDA is the world’s largest plantation operator, with
811,140 hectares (2,004,400 acres) of oil palms, mainly across Peninsular
Malaysia, Sarawak and Sabah in Malaysia. It operates plantations and
oil mills in Indonesia as well. Besides, Sime Darby is Malaysia’s leading
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Malaysia’s Public Policy on the Environment
multinational conglomerate covering five core sectors: plantation, real
estate, industrial, automotive and energy & utilities, and its growing
position in healthcare. Plantation is the largest source of income for Sime
Darby. In 2009, about 70 percent of the conglomerate’s profits came from
this area. The company owns palm oil and rubber plantations in Malaysia
and the Indonesian islands of Sumatera, Kalimantan and Sulawesi, with
a land bank of over 633,000 hectares, including 300,000 hectares in
Indonesia (Majalah, 2009). It is one of the world’s largest plantation
companies.
As the world’s largest producer and exporter of palm oil, Malaysia
is now seen as a pioneer palm biofuel producer. Since 1982, Malaysia
began a comprehensive palm biofuel plan and has successfully established
the use of palm methyl esters and the blend of processed palm oil (5%)
with petroleum diesel (95%) as a suitable fuel for the transportation and
industrial sectors.
Palm oil is mainly used as renewable biofuel. This usage would help
to reduce the use of fossil fuels, and indirectly reduce emissions of carbon
dioxide and other greenhouse gases into the atmosphere.
On the other hand, rubber was the main crop in the Malaysian
plantation industry for more than eight decades by 1989 when the total
area of oil palm (1,591,536 ha) surpassed that of rubber (1,551,000 ha).
By 2005, the rubber area represented only 23.4 percent (1.250 million
ha) of the plantation industry’s total area of 5,305,765 ha, of which the
area under oil palm was four million hectares (75.5%).
Related to this issue, the Malaysian government set up RISDA (Rubber
Industry Smallholders Development Authority), because the government
recognises the importance of new policies and strategies for the
development of the smallholder sector. With the establishment of RISDA,
an organisation which specifically guides the smallholder sector towards
progress and socio-economic development has appeared. RISDA will
also determine that the nation’s natural rubber industry becomes stronger
and more stable. RISDA cooperated with other agencies responsible in
research, expansion, agricultural loans, processing and marketing of
rubber to speed up the modernisation process of the smallholder sector.
Therefore, it is clear that the elements of modernisation must be the
fundamental basis of RISDA’s concept, so that all smallholders are to take
advantage of modern practices to improve the rubber production quality
as well as to earn higher returns.
Furthermore, a large number of areas are being deforested and forest
degradation is under way. The Malaysian government provides plans to
enrich about some 312.3 square kilometers (120.5 sq mi) of land with
rattan under natural forest conditions and in rubber plantations as an inter
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Practices of Public Administration in Malaysia
crop. In order to further enrich forest resources, rapidly growing timber
species such as meranti tembaga, merawan and sesenduk have also been
planted. In the meantime, the government also encourage the cultivation
of high-value trees such as teak and pulp and other trees as well. Rubber,
used to be the mainstay of the Malaysia’s economy, has been largely
replaced by oil palm as Malaysia’s major export of agricultural products.
The control of land pollution was implemented under the supervision
of the Malaysian government. Departments cooperate to ensure the smooth
implementation of regulatory and supervision. In Malaysia, normally
there are three ministries which are responsible for the environmental
protection on land issue. Those are Ministry of Agriculture and Agro-
Based Industry, Ministry of Natural Resource & Environment and Ministry
of Plantation Industries and Commodities. In Ministry of Agriculture and
Agro-Based Industry, there are three departments which are Malaysian
Agricultural Research and Development Institute, Federal Agricultural
Marketing Authority and Muda Agricultural Development Authority. The
UDA Holdings Berhad (Urban Development Authority of Malaysia) was
then managed by the Ministry of Public Enterprises. The mission of these
departments is to transform the agriculture and agro-based industry into a
modern, dynamic and competitive sector, to position Malaysia as a major
world food exporter and to develop the agriculture sector as the country’s
engine of growth. In the Ministry of Natural Resource & Environment,
there are five departments that are the Malaysian Centre for Geospatial
Data Infrastructure, Department of Director General of Lands and Mines,
Department of Environment, Minerals and Geosciences Department
Malaysia and Forest Research Institute Malaysia. These departments are
responsible to ensure well balanced management of natural resources and
environment in achieving sustainable development, to ensure efficient and
effective service delivery system of natural resources and environment
management, to establish training and research and development (R&D)
which serves as an innovative catalyst for exploration of natural resources
management and environmental protection and to ensure a clean,
safe, healthy, productive and pollution-free environment. Finally, in the
Ministry of Water, Land and Natural Resources, there are four departments
which are the Forestry Department of Malaysia, Minerals & Geosciences
Department, Malaysian Rubber Board and Malaysian Palm Oil Board.
RISDA is a rubber plantation section which is managed by the Malaysian
Rubber Board. In addition, the mainly works of Sime Darby and FELDA are
supervised under the Malaysian Palm Oil Board as palm plantation. These
departments are responsible for ensuring the international competitiveness
of Malaysia in the commodity-based industries and their contribution to
national development and maximising the contribution of the commodity-
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Malaysia’s Public Policy on the Environment
based industries to national income including GDP (Table 5.2) and
foreign exchange earnings, and making Malaysia a centre of excellence
for R&D, technology and services to improve the primary industries in
the aspects of efficiency, productivity, quality and sustainability. The roles
of stakeholders related to environmental protection on land in Malaysia
and the relationship between the relevant ministries and departments are
shown in Figure 5.1.
The use of pesticides in agriculture play a main role in the degradation
of environment. Most of these pesticides contain non-biological ingredients
which can cause abnormal changes to any wildlife that comes across it.
The chemicals carry on the transmission through the form of food chain.
Pesticides’ primary aim is insects but once animals consume these affected
insects as their food, the last “victim” is humans as we will devour the
animal.
Table 5.2: GDP of Malaysia in Comparison with Regional Neighbours, 2017
Country Gross Domestic Product (USD, billion)
India 2,251.0
Australia 1,256.6
Indonesia 941.0
Taiwan 519.1
Thailand 390.6
Philippines 311.7
Malaysia 302.7
Singapore 296.6
Pakistan 271.1
Bangladesh 226.8
Vietnam 200.5
New Zealand 179.4
Sri Lanka 82.2
Burma 68.3
Nepal 21.2
Cambodia 18.2
Laos 13.8
Brunei 10.5
Bhutan 2.1
Source: Data from “New Southbound Policy: an Introduction (2017.02.28)” (from Office of
Trade Negotiations Executive Yuan - New Southbound Policy 2017-03-01), New Southbound
Policy Portal. <http://nspp.mofa.gov.tw/nsppe/news.php?post=112894&unit=376>
97
Figure 5.1: The Roles of Stakeholders related to Environmental Protection on Land in Malaysia
Practices of Public Administration in Malaysia
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Malaysia’s Public Policy on the Environment
The negative aspect of pesticide usage is that natural minerals in soil
will slip away or be contaminated. It causes the piece of land to become
useless and toxic. Hence, the land will be unproductive for years before
it is able to recover to its normal pH level and nutrients. Pesticides also
flow into rivers, streams and sea, causing pollution. Situation will worsen
if they continue to stream down the seaward journey.
A minimal amount of pesticide is harmless and eventually help to
increase the production rate of agriculture by eliminating unwanted pests.
However, pests will start to build up a defense system in their bodies to
overcome it and probably will be immune to the chemical effects. By this
time, farmers will get trouble to get rid of it and have no choice except to
increase the amount of pesticides or use much “stronger” pesticides. The
consequences of this action are not hard to be imagined.
For example, Felda Agricultural Services Sdn Bhd has also collaborated
with Malaysian Palm Oil Board (MPOB) to develop a technology to
mass produce a bio-pesticide product, Metarhizium anisopliae. This
widely distributed soil-inhabiting fungus kills a major oil palm pest, the
Rhinoceros Beetle (Oryctes rhinoceros). The collaboration culminated
in the setting up of Metarhizium Technology Centre (METEC) at Tun
Razak Agricultural Services Centre (PPPTR) in 2005. The centre produces
a powdered Metarhizium formulation called ORY-X used to control
Rhinoceros Beetles in oil palm replanting areas.
The oil palm industry follows a long life cycle of 25-30 years, which
means that the land needs to be cleared once only during this period. In
contrast, intensive agriculture undertaken for annual oilseed crops leads
to detrimental consequences for the environment, including soil erosion
and land degradation, due to pesticides and nutrients from greater use
of fertilizers.
In Malaysia, some organisations and companies are also responsible
for the environmental issues on land. Some of them obey the environmental
policy on land or Pesticide Act 1974. These include FELDA and Sime Darby
that use pesticides in oil palm plantations and RISDA in rubber plantations
in accordance with the Pesticide Act, 1974 and OSHA, 1994.
Legal or illegal logging has also made its mark in the degradation
of nature. Malaysia has become a dumping site for millions of tons of
waste that were thrown every week from households due to the increase
of human population. This critical situation has secured the Malaysian
government’s highest attention whereby curbing approaches were
formulated in accordance with environmental land policies.
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Practices of Public Administration in Malaysia
Malaysia’s Environmental Policy on Industrial Pollution
In 1996, three sectors had stressed cleaner production, i.e. sewage
discharge, textiles and metal finishing. Violations happened because
of inadequate effluent treatment, increase in production without
commensurate measure in boosting treatment plant capacity and slow
response to plant upset. Four palm oil mills and four rubber factories were
temporarily suspended due to multiple violations of licensing conditions
(Shafari Che Hashim, 2000).
As for non-prescribed premises, under the Environmental Quality
(Sewage and Industrial Effluents) Regulations 1979, metal finishing and
leather industries have yet to comply with the requirements of these
regulations. In addition, prescribing of draft regulations for specific control
is still under vetting by the Attorney General’s Chambers. Occasionally,
non-compliance regulations were reported for other industries, in respect
to Biochemical Oxygen Demand (BOD), Chemical Oxygen Demand
(COD), Suspended solids (shear strength), and Oil and Grease.
The overall industrial compliance with the Environmental Quality
(Clean Air) Regulations 1978 was generally at satisfactory level, although
smell and fugitive emissions remained problematic. To banish smell in
the air with 100 percent success rate is a mission impossible (Azorín et
al., 2008).
Smell can come from various sources, for example, gas or smoke
emission from industrial productions, carbon monoxide generated by
busses or cars and many more. The relationship between industrial
activities and land pollution is the stinky smell which comes from waste
that has been thrown by factories. Despite being stinky, it may generate
poisonous gas to the air. If the weather is too hot, open air fire may occur.
This is an unpleasant or dangerous environment for any living things to stay.
Malaysia’s Environmental Policy on Land Related to Domestic Pollution
(i.e. Pollution Due to Everyday Living)
The Malaysian Department of Environment (DOE) has adopted a three-
pronged strategy in handling environment problems especially land
management. It can be categorized as short-, medium- and long-term
measurements. Short-term strategy is focusing on the implementation
of existing legislation whereby it controls discharges and emission
pollution from the main sources. Medium-term strategy is emphasized
on incorporation of an environmental component into the development
planning process. And long-term strategy is to ensure development
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Malaysia’s Public Policy on the Environment
involving both physical environment and quality of life is in extensive
running or planning.
DOE is the main environmental controller regarding environmental
issues. It practices problem solving approaches. However, recently, DOE
has taken a step further from its current approaches to more systematic
and holistic approaches which encompass monitoring enforcement,
development and planning. Monitoring is done on a regular basis of six
months in order to collect and compile environmental data required for
the assessment of the state of the environment. This assessment is basically
acting as prerequisite to enforce any actions. Only areas that are critically
affected will be given priority to have retreatment actions specifically
towards the major contributor of pollutions.
Currently, Kuala Lumpur produces 3,500 tonnes of domestic and
industrial waste per day. This could fill up the Petronas Twin Towers up to
a height of 11m. Meanwhile, waste generated by an average household
is approximately 0.8kg to 1.3kg per day (Sooria Gadhi Rao, 2009). If one
were to compute all the quantities of wastes that have been thrown by
these three parties (domestic, industry and household), they would be able
to fill up both towers in 40 days. In addition, these wastes will decay in
landfills and produce a toxic poisonous emission called leachate, polluting
rivers and oceans. The gas emission of nitric oxide and methane into
the greenhouse environment will be 21 times more potent than carbon
dioxide.
In order to solve this problem, the government has come out with
a solution which is called vermicomposting. It means using worms to
decompose the waste and produce a richer end product call vermicompost
fertilizer. This vermicompost fertilizer offers an effective stand-alone
protection against plant diseases. Hence, this can lessen the usage of
pesticides on crops. It also helps to expand the landfill’s lifespan, and is
an eco-friendly and back to nature practice. Kuala Lumpur was chosen
to be the first test runner on this new approach due to the high traffic of
population (Sooria Gadhi Rao, 2009).
If vermicomposting practice in Kuala Lumpur is proven a success,
therefore the DOE would propose this plan to the national level whereby
the whole nation would practice it in residential areas, schools, business
complexes, hotels, factories and hypermarkets.
During our interview session with the officers from the Department of
Environment (DOE), they have presented some situations and suggestions
in improving Malaysia’s environmental policy on land. It short, DOE
is responsible for EIA environmental management and protection. The
DOE is located in Putrajaya, Malaysia. Normally, the section “National
Policy on Environment” is responsible for the policy on land. In 2002,
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Practices of Public Administration in Malaysia
a National Policy on Environmental combining the three elements of
sustainable development (economic, social and cultural development and
environmental protection) was formulated and adopted. The policy aims
to continue economic, social and cultural progress and to improve the
quality of Malaysian life through environmental-friendly and sustainable
development. To meet the country’s rapid economic development and
the aspirations of the country to improve the quality of life, the National
Policy on Environmental is an important guide for all stakeholders to ensure
cleanliness, safety, health and productivity of environment.
Malaysia is well known for its outstanding achievement in water and
air management. Presently, any problems regarding environmental policy
on land is the concern of the government’s work. Therefore, it is necessary
to have relevant policies and laws on land protection. It will involve
environmental protection on the contents of land protective policy from
nowadays onward. It also studies lessons from the policies and regulations
from water and air to manage the land.
Moreover, research on field land management is carried out. The
areas that are included are land pollution control, land-use planning,
land protection and ownership. Most of these mentioned areas are guided
by relevant policies and laws. But some are like “an innocent infant”.
Relationship between land ownership and land protection is very close
related.
History of Environment-Related Acts in Malaysia
Everything in existence has a reason, so do the Acts. When people
cannot solve new problems, corresponding laws will be promulgated.
The Malaysian Water Act 1920 appeared at a time when rivers and sea
of Malaysia were polluted seriously, and the Malaysian people were not
healthy because of the poor quality of drinking water. This law formulates
on water protection, controlling of rivers and streams, and some areas
related to water, such as river bank, agriculture, and land. Poison Act was
formulated (1952) at a time when there were Malaysians who died due
to the poisonous environment. At that same time, It made provisions for
the sale of non-medicinal poisons and pesticides. In order to protect farm
land, Pesticide Act was published in 1974. This Act is more complete in
detail than Poison Act. At the same time; it could be the basis for future
environmental policy on land. Water and food are the key elements to
human life, thus Malaysian Food Act was published in 1983. This act
was to ensure healthy food. Before 1994, lots of workers faced danger in
their work because of some poisonous environment or structure around
them. As solve this problem, Occupational Safety and Health Act (OSHA),
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Malaysia’s Public Policy on the Environment
Malaysia 1994 was published. This act aimed to protect plantation workers
or builders. Around 1998 and 2002, the Malaysian environment and
biodiversity were damaged seriously. At that time, National Biodiversity
Policy and National Policy on the Environment were thus introduced.
These two acts aimed to protect bio-ecosystem and the habitats of plants
and animals. Because of these, environmental policies on land in Malaysia
have become more comprehensive (see Table 5.3).
Overview of Malaysia’s Environmental Policy on Land
Malaysia is more focusing on macro adjustments and control when comes
to environmental land policy. It makes social economic target easily
achievable by the utilisation of land policy and land plans where various
administrations and implementations are taken into account (McAuslan,
1982).
Table 5.3: Previous Acts in Malaysia
Policy or Law Description
Water Act, 1920 An Act to provide for the control of rivers and streams.
Poison Act, 1952 An Act of the Parliament of Malaysia making provisions for the sale
of non-medicinal poisons and pesticide, and the involvement of
local authorities and Malaysian Government in their regulation.
Pesticide Act, 1974 Under the Pesticides (Pest Control Operator) Rules 2004, a person
carrying out any of the following activities or engage in the business
of applying pesticide to the property of another for hire must at any
time possess the relevant license issued by The Pesticides Board of
Malaysia,
Food Act, 1983 To address food safety, there are, according to food safety, some
issues with its effectiveness. Many facilities, such as farms,
restaurants, and nonprofit food establishments in which food is
prepared for or served directly to the consumer are exempt from the
requirements of the bill.
OSHA, 1994 The principle of the Act is "To make further provision for securing
that safety, health and welfare of persons at work, for protecting
others against risks to safety or health in connection with the
activities of persons at work, to establish the National Council
for Occupational Safety and Health and for matters connected
therewith".
National Biodiversity The principal aim of the National Forest Policy, 1998 is to ensure
Policy, 1998a environmental stability and maintenance of ecological balance
including atmospheric equilibrium which is vital for sustenance of
all life forms, human, animal and plant.
National Policy on the To achieve a clean, safe, healthy and productive environment
Environment, 2002 for present and future generations, and sustainable lifestyle and
patterns of consumption and production.
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Practices of Public Administration in Malaysia
In Malaysia, environmental policy on land works in alignment with the
strategic planning of national economic development. Hence, integration
of land policy and industrial policy can be done.
A comprehensive framework of relevant authority’s role is laid out. It
shows how one party can influence economic and social development, the
country’s direction and connection between land utilisation management
and macroeconomic management.
It also reflects the continuous rapid growth of economy and society
– see Figure 5.2 which shows that Malaysia has a clear and direct
relational tree of planning departments. It ensures that the policies can
be implemented effectively and smoothly.
National Development Planning Framework
The Implementation and Limitation of Malaysia’s Environmental Policy
on Land
Restriction of Malaysian Environmental Policy on Land Related to
Industrial Activities
Malaysia environmental policy is more focused on water and air pollution.1
The waste of water and air which comes from industry will pollute the land.
When the sewage flows through the land, it will cause the biological death
of soil. The land condition will go bad and unfertile. Adding the waste
of gas to air, population of flora and fauna will decline and this causes
the surrounding environment to worsen. At the end, land will become
disused resulting in waste of resources. Current environmental and land
legal policy still has loophole on this aspect.
Limitation of Malaysia’s Environmental Policy on Agricultural Pollution
Malaysia is a federation whereby each state’s authority is independent to
certain extents and decentralisation does exist. Malaysia’s land legislation
is more complete compared to, e.g., China. Despite the unified “National
Land Code”, every State has its own land rules too. There are some
strategies that are identified by the national development plan that are
meant for a particular state to proceed with the land policies on agriculture.
1 During the research of this study, the researchers did encounter insufficient amount of ample
and accurate data on Malaysia’s environmental land protection policy, particularly pollutions that
are caused by industrial activities. Normally, the primary attention given from media, government
and people is on water and air pollution that are caused by the industrial activities. Due to that,
people sometimes do not realize that the degree of land pollution has a great impact on air and
water quality directly.
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Malaysia’s Public Policy on the Environment
However, due to the lack of unified agricultural land management and
idea, land policies between governments of all levels and respective
departments are incompatible. In addition, issues regarding land are the
affairs of that individual state. So, complexity in land policy and land
management occurs. It also influences the integration among all land
policies and causes the economic development plan to be retarded.
Figure 5.2: National Development Planning Framework
Source: NPP-2, 2010, p. 1-1, Figure 1.1.
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Practices of Public Administration in Malaysia
Management problems involving sustainable development and
resources are not described thoroughly in agriculture land policies which
are from various legislative files. But environmental problem has been
strongly emphasized in the national development plan. This situation
occurred because the respective state does not consider the problem
of resources and sustainable development as a whole problem when
implementing land policies. Therefore, it is essential to combine the
important idea of land with sustainable development and resource of
unifying management conscientiously.
Many of the chemicals used in pesticides are persistent soil pollutants,
the effects of which can last for decades and have a negative effect on
soil retention. The use of pesticides reduces the general biodiversity in the
soil. Not using these chemicals will lead to a higher quality of soil, and an
additional effect is that more soil organic matter allows for higher water
retention. This helps to increase the productivity of farms in dry years when
organic farms produced 20-40 percent more yields than conventional
ones. A smaller content of organic matter in the soil increases the amount
of pesticide that will leave the area of application, because the organic
matter binds to and helps break down pesticides.
Palm oil and rubber are among Malaysia’s major export products.
Almost all of the pesticide sprayers at the plantations where these are
grown are women because they are paid less than men. Currently, there
are around 30,000 women pesticide sprayers in the country, and health
experts say many of them are working under very little protection against
the harmful chemicals that they handle at work.
As such, there are gaps between regulations and implementations.
Because of hot weather, workers are unwilling to wear masks and heavy
protection coats. Pesticides from sprayers are breathed in by workers. It
is much harmful to workers’ health. The Occupational Safety and Health
Act (OSHA), Malaysia 1994 requires that a safety and health committee
be formed if there are more than 40 sprayers in a plantation. But some
employers do not obey OSHA 1994. A good policy is useless if no one
followed. The limitations of policies are normally not only lying in
themselves, but also in the implementation.
The Shortcomings of Malaysian Environment Policy on Domestic
Pollution (i.e. Pollution Due to Everyday Living)
“A major consideration in the effective implementation of land policy and
land use planning is the fact that land is a State matter. It is interesting to
note that whilst there exist various pieces of land legislation applicable
to the country as a whole,” as noted by Gurjit Singh (1994), “each State
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Malaysia’s Public Policy on the Environment
eventually decides what is best for itself. In some instances, this can be
seen as an obstacle to national development and uniformity of policy
implementation.”
The progression of urbanisation brings the pressure for domestic
land utilisation. The consequences are unauthorized work on the land,
congestion and land pollution. This development also causes conflict
between land owner and land squatter. It is a prevalent behaviour for both
parties to fight over the urban land just because they want to earn high
incomes by their own.2 The incomes can be derived in the form of profit-
sharing or tax. Furthermore, with development of urban real estate, the
poor urban citizens have to relocate to other places (Mudalige et al., 2007).
Table 5.4: GDP per Capita of Malaysia in Comparison with Regional Neighbours,
2017
Country Gross Domestic Product per Capita (USD)
Singapore 53,053
Australia 51,593
New Zealand 38,066
Brunei 24,713
Taiwan 22,044
Malaysia 9,546
Thailand 5,662
Sri Lanka 3,870
Indonesia 3,636
Philippines 2,991
Bhutan 2,635
Vietnam 2,164
Pakistan 1,921
India 1,719
Burma 1,428
Bangladesh 1,404
Laos 1,307
Cambodia 1,228
Nepal 734
Source: Data from “New Southbound Policy: An Introduction (2017.02.28)” (from Office of
Trade Negotiations Executive Yuan - New Southbound Policy 2017-03-01), New Southbound
Policy Portal. <http://nspp.mofa.gov.tw/nsppe/news.php?post=112894&unit=376>
2 See Table 5.4 for GDP per capita of Malaysia in comparison with regional neighbours.
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Practices of Public Administration in Malaysia
There is a strong bond between environment protection and
urbanisation. Land urbanisation contributes an important property tax
income to the state. State governments have maximized the usage of land
such as plantation of profitable crops. Hence, they do things in their own
ways and could refuse to adapt to the overall land utilisation plan that the
federal government has decided upon. Such act has caused a doubtful
trust on the function of country’s land utilisation law. Consequently, this
will lead to the abandonment of the objective of national development
plan too.
Domestic land policy cannot stop the development of urbanisation.
But it can assign the land rationally and manage the contradiction of
domestic land urbanisation. In addition, it should reduce domestic land
pollution and propose ways to control it.
Legislation of Malaysian Environmental Policy on Land
More Complete Form of Land Legislation
The government has resorted to policy formulation to restrict utilisation
and management of land resources. According to the requirements for land
resources for socio-economic development, the corresponding policies
and regulations are issued instantly. And the complete and systematic
land policies will be shaped up progressively. The whole processes are
described as below:
1. To ensure policy is in the form of legislation and is enforceable.
2. To establish a special legal organisation. Urban development
authority and economic development company support the
urban area development and offer more opportunities in
industrial and commercial development.
Courses of Policy Making in Malaysia
In Malaysia, expert’s review and citizen’s participation in any aspects are
emphasized in the coordination of formulation of national economic
development plan or land policies. They also mobilize social forces to
collect information extensively. The opinions from all department and
areas are solicited accordingly in the planning process. When common
understanding is reached, the plan will only be executed. And much
attention is given to the acceptability of territory planning (see Figure 5.3
and Figure 5.4).
The structure plan illustrated in Figure 5.3 shows the process of
drafting, investigation, feasibility analysis, testing out, examination and
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Malaysia’s Public Policy on the Environment
submission. This reflects the level of masses’ full participation in the
formulation of policies and procedures.
The local planning process illustrated in Figure 5.4 is simpler than the
structure plan. However, it also focuses on public participation and has
roles of implementation and restriction. It is an important component of
national policy too.
Figure 5.3: The Planning Process – Structure Plan
STAGE 1 STAGE 2
Publicity and Public Statement on
Participation Publicity and Public
Participation
Formation of goals Data Collection Analysis and Report of Survey Draft Structure Plan
and objectives Identification of
Issues and Problems
State Planning
Committee
Public participation
on Draft Structure
Plan
Amendment
(if necessary)
Submitted to State
Planning Committee
for approval
Source: Gurjit Singh (1994).
Malaysia has a coherent, sound and reasonable policy system
which restricts and manages problems in different aspects, for example
in the plantations of palm trees and rubber. Meanwhile, multi-section
cooperation protects the implementation of the policies. However, due
to the lack of policy contents and climatic and regional difficulties,
policies do face problems in the process of implementation. For example,
Malaysia’s temperature is too high for plantation workers to wear protection
clothes, and they cannot work long time being exposed under the sun.
Besides, because of limitation of the Malaysian territory, most of the land
is used for construction and domestic living purposes. As such, farmland
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Practices of Public Administration in Malaysia
is mainly located on the mountains, for instance, Cameron Highlands.
This fact will cause land erosion and degradation. At the same time, the
government should enhance the supervision of the employees to fulfill
the policy and the protection awareness of employees.
Figure 5.4: The Planning Process – Local Plan
STAGE 1 STAGE 2
Formation of goals Data Collection Analysis and Draft Local Plan
and objectives Identification of
Issues and Problems
Public participation
on Draft Structure
Plan
Amendment
(if necessary)
Submitted to State
Planning Committee
for approval
Source: Gurjit Singh (1994).
Concluding Remarks
Malaysia’s legislation of environmental policy is relatively complete.
However, the lack of a unified environmental policy system leads to the
fact that a lot of environmental policies in this country cannot function
effectively. Even if there is a unified policy, it still cannot completely solve
the conflict that occurred between environment and land utilisation. In
this regard, combination of land policies among central authorities and
localities will help to solve the environmental contradiction. In addition, it
will also serve to co-ordinate land utilisation and administration behaviors
in order to advance rational disposition of the land resources and their
comprehensive management.
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