Burden on proof to be put on those found with logs

Tuesday September 18, 2007
By MAZWIN NIK ANIS

PUTRAJAYA: Laws will soon be changed to place the burden of proof on those found in possession of logs instead of the authorities having to prove that the logs were obtained illegally.

The amendment to the National Forestry Act, to be made within the next few months, will see those suspected for carrying out illegal logging, having to prove the commodity was obtained from legal sources. Failing which, they will be deemed to have obtained the logs through illegal means.

Deputy Prime Minister Datuk Seri Najib Tun Razak said the new law would enable better prosecution of those involved in illegal logging, which does not only cause damage to the environment but also tarnishes Malaysia's image in the eyes of the world.

Najib admitted that prosecuting those who log illegally was currently difficult and even though cases were brought to court, the level of success was small.

"This is because the need for burden of proof is high. We will fare better with this fundamental shift in the law, which we believe will be a sufficient deterrent.

"We will also be using new technologies, including remote sensing to detect areas where such activities take place," he said, after chairing the National Forestry Council's 21st meeting on Tuesday.

He said illegal logging was a multi-dimensional issue as apart from it affecting the Government's policy in providing sustainable management to the environment, it also gave Malaysia a bad image.

"The country's wood industry is worth RM23bil a year and if developed countries take action against us for illegal logging activities, it will affect the economy.

"We also have to consider the transboundary issue where logs sought illegally are brought into the country either to be exported or to be used illegally by the local factories," he said, adding that between 2004 and 2006, a total of 166 illegal logging cases were recorded at permanent forest reserves.

Najib said Pahang, Perak and Kedah top the list of illegal logging activities being recorded but "the biggest destruction is in Kelantan". He added that in the case of land clearing in Lojing Highlands in Kelantan, the state government had de-gazetted the area, making activities there legal.

"The biggest destruction (of forest) is in Kelantan but the state has circumvented it. I do not know if we can prosecute them as the logging was legal with the state de-gazetting the area," he said.

Earlier this year, The Star broke the story about the lush forest reserves in Lojing being logged almost bare by 22 companies, of which only five had their Environmental Impact Assessment approved.

Najib also asked states to look for new areas to be gazetted for water catchment, adding areas totalling more than 800,000ha had been gazetted for the purpose.

Law against illegal logging to be made tougher

Tuesday September 18, 2007
MYT 6:15:47 PM
The Star


PUTRAJAYA: The National Forestry Act, 1984 will be amended soon to ensure more effective prosecution of illegal loggers and those who buy illegally felled timber.

Under amendments to be made soon, those suspected of carrying out illegal logging would have to prove that the timber was obtained legally.

Deputy Prime Minister Datuk Seri Najib Tun Razak said the new law would enable better prosecution of those involved in illegal logging, which damages the environment and tarnishes Malaysia’s image globally.

Najib admitted that prosecuting illegal loggers was difficult, and even if cases were brought to court, the level of success was low.

“This is because the need for burden of proof is high. We will be able to fare better with this fundamental shift in law, which we believe will be a sufficient deterrent. “We will also be using new technologies, including remote sensing, to detect areas where such activities take place,” he said after chairing the National Forestry Council’s 21st meeting Tuesday.

He said between 2004 and 2006, a total of 166 illegal logging cases were recorded in permanent forest reserves. Pahang, Perak and Kedah were high in the list of illegal logging activities.

However, he said the biggest destructions were in Kelantan where the state government had de-gazetted the Lojing Highlands area, making land-clearing activities there legal.

Earlier this year, The Star broke the story about the lush forest reserves in Lojing being logged almost bare by 22 companies, of which only five had Environmental Impact Assessments approved.

“I do not know if we can prosecute them as the logging is legal with the state having de-gazetted the area,” he said.

Najib also asked states to look for new areas to be gazetted for water catchments, adding areas totalling more than 800,000ha has been gazetted for the purpose.

Govt to close down 16 ‘critical” dumpsites

Monday September 17, 2007
MYT 10:34:28 PM

KUALA LUMPUR: The Government has identified 16 “critical” dumpsites that need to be closed immediately, said Datuk Seri Najib Tun Razak.

The Deputy Prime Minister said this would be done in a safe, sanitary and environmentally friendly manner and that RM160mil had been approved for this purpose.

“We have appointed a consultant to do a study. We should be ready to award the contracts by next year,” he said Monday at the rehabilitated Taman Beringin Landfill, which he described as a "model".

“This is a fine example. I wanted to see for myself what they had done, and it is obvious we have local technical capacity. We have the technology to turn something smelly and stinking into a pleasant, clean place with a potential to become a park."

“It is a matter of pride when a local company can carry out a job like this. We don’t need foreign expertise for this,” he added.

The Taman Beringin dumpsite was a 40m mountain of rubbish last year but it has now been transformed into a green hill with a great view of the city. Cypark Sdn Bhd carried out the RM33mil restoration work.

Asked about the time frame to close all 16 dumpsites, which are mostly located within the Klang Valley, Najib said:

“We want it done as soon as possible but this depends on when the contracts are awarded and the time needed (to close and restore it).”

Najib said if there were a need for new ones, they would either be sanitary landfills or incinerators.

“We are looking at the possibility of using incinerators. But if we want to use incinerators, we must use the appropriate technology,” he added.

He said the Government had received various proposals that were being studied by a technical committee under the Housing and Local Government Ministry.

The Government, he said, was committed to protecting the environment and that Kuala Lumpur needed more green lungs so that it would be known as a garden city.

Cypark CEO Daud Ahmad said it would take about 10 years for the restored dumpsite to be safe for recreational park.

Sawmills in Tawau found discharging waste in river

The Star, Tuesday September 11, 2007

By RUBEN SARIO

KOTA KINABALU: Four sawmills in the east coast district of Tawau have run afoul of the law after they were found to have been discharging oil waste and saw dust in the Merotai River where thousands of farmed fish have died.

The sawmill owners were fined RM2,000 last month and ordered to ensure their plant wastes were no longer dumped into the waterway.

"We are watching them and if they fail to abide by the directive we will take harsher measures including court action," Sabah Department of Environment (DOE) director Razak Abdul Manaf said Tuesday.

He said under Section 25(3) of the Environmental Quality Act 1974, offenders could face a fine of up to RM100,000 or a jail term of up to five years.

Razak said those convicted for dumping oil waste in the rivers could face a further fine of up to RM500,000 and five years' jail term under Section 34B(4) of the same Act.

He said the department's enforcement personnel went into action after receiving word hundreds of fish farmed by fishermen along the Merotai River had died due to pollution in the waterway.

"Further checks revealed that the four sawmills were discharging their oil waste and saw dust into the river.

"However further investigations must be carried out to determine what caused the deaths of the fish," Razak added.

Be sensitive to the environment

The star

Friday September 7, 2007

PENANG: All government departments, MPs and assemblymen have to refer to the relevant departments managing environment-sensitive areas before commencing any construction in these places.

State Tourism and Environment committee chairman Teng Chang Yeow said inter-departmental communication was very important to avoid unnecessary speculation.

He said this when commenting on recent re-ports on complaints by environmentalists and Friends of Penang Hill about alleged illegal clearing on Penang Hill.

It was reported that Friends of Penang Hill spokesman Ahmad Chik had suspected a far-mer was clearing land and cutting trees to build a cement road in the government forest reserve.

Teng told a press conference yesterday that the claims were not true, adding that the work was done by George Town district Public Works Department (JKR) that was upgrading the 1.2km road stretch off Tunnel Road on Penang Hill.

“The state Forestry Department has done its investigations and there is no violation of the law in this case,” he said.

State Forestry Department deputy director Foong Lai Hoy said a check in the area showed that the road and drainage upgrading project was being done properly.

“The department was upgrading the existing road and only three trees, which were leaning and hazardous, were felled.

“Some clearing of shrubs and weeds were also done by the roadside,” he said.

He added that a proper drainage system was also built, adding that bamboo trees had been planted on the slopes to prevent soil erosion.

Serius bina lapangan terbang di Tioman

04/09/2007

Oleh ARSHAD KHAN (WARTAWAN UTUSAN)

PULAU Tioman boleh dianggap antara pulau peranginan yang paling berpotensi bukan sekadar di Pantai Timur tetapi juga untuk seluruh negara.

Kecantikan pantai, laut dan pulau menjadikan ia begitu digemari bukan sahaja pelancong tempatan tetapi juga pelancong luar negara.

Usaha pihak kerajaan dan beberapa agensi seperti Kastam Diraja Malaysia yang baru-baru ini membuka sebuah jeti baru bagi memudahkan pelancong untuk terus turun dan daftar masuk ke Berjaya Tioman Beach, Golf & Spa Resort mencerminkan kesungguhan semua pihak untuk memajukan pulau itu.

Seperti kata Pengurus Besar Berjaya Tioman Beach, Golf & Spa Resort, Gordon Koh, sistem pengangkutan yang lebih baik terutama di pintu masuk di tanah besar pasti akan membawa kemasukan pelancong dalam jumlah yang lebih ramai lagi.

Apabila Kerajaan Persekutuan mencadangkan pembinaan sebuah lapangan terbang baru di pulau itu pada tahun 2003, ia disambut dalam nada berbeza, ada yang mengalukan, ada yang bimbang.

Tidak kisah apa pun reaksinya, namun kini, selepas empat tahun, masih belum ada sebarang tanda-tanda nyata lapangan terbang itu akan dibina.

Persoalan penting, apa sudah jadi dengan lapangan terbang baru bernilai RM150 juta di Pulau Tioman seperti yang diuar-uarkan empat tahun lepas?

Mengikut perancangan, lapangan terbang baru itu bakal dibina di Kampung Paya pada 2003 sebaik sahaja kajian terhadap penilaian kesan alam sekitar (EIA) selesai dijalankan.

Projek itu juga dilihat bakal merancakkan lagi industri pelancongan di pulau bebas cukai itu.

Namun selepas empat tahun berlalu, tidak terdapat sebarang tanda yang menunjukkan projek berkenaan akan dilaksanakan.

Status lapangan terbang baru itu kini bukan sahaja menjadi persoalan kepada para penduduk Pulau Tioman, malah kepada pihak kerajaan negeri, yang sebelum ini telah pun bersetuju dengan projek Kerajaan Persekutuan itu.

“Projek itu merupakan projek Kerajaan Persekutuan, sehingga kini kita tidak dimaklumkan sama ada projek itu akan diteruskan atau tidak, kita (kerajaan negeri) telah pun bersetuju pada peringkat awal,” kata Timbalan Menteri Besar, Datuk Tan Mohd. Aminuddin Ishak kepada Utusan Malaysia.

“Sehingga kini kami tidak dimaklumkan secara rasmi berhubung status pembinaan itu,” katanya.

Pada 27 April 2003, Menteri Kewangan Kedua ketika itu, Datuk Seri Dr. Jamaludin Jarjis berkata projek pembinaan lapangan terbang baru itu akan dimulakan pada tahun itu juga, sebaik sahaja kajian terhadap penilaian kesan alam sekitar (EIA) selesai dijalankan.

Jamaludin berkata ia akan dibina di atas laut dan selari dengan kawasan pantai dan kawasan landasan lapangan terbang itu boleh mendaratkan beberapa pesawat Boeing 737.

Malah, kerajaan juga akan menjadikan Lapangan Terbang Tioman yang sedia ada di Kampung Tekek sebagai kawasan pusat membeli-belah.

Jamaludin dipetik berkata keputusan membina lapangan terbang baru dibuat kerana lapangan terbang yang sedia ada di Kampung Tekek dilihat sebagai tidak lagi sesuai.

Perhubungan

“Kerajaan telah bersetuju mengganti (lapangan terbang) yang dah ada, yang berbahaya kerana ia (pesawat akan) turun di kaki bukit.

“Jadi untuk memajukan (pulau itu) mesti ada perhubungan udara, darat dan laut yang baik. Jika tidak, ia tidak ada nilai tambah, kita mesti pasarkan pulau itu, orang akan tanya apakah perhubungan untuk ke pulau itu,” kata Jamaludin.

Sementara itu, Pengurus Besar Lembaga Pembangunan Tioman, Datuk Hashim Mat Tahir turut bersetuju bahawa pembinaan lapangan terbang baru itu akan menjadi pemangkin bagi menarik lebih ramai lagi pelancong ke pulau bebas cukai itu.

Mengikut statistik terkini, hampir 300,000 pelancong berkunjung ke pulau yang disenaraikan 10 tercantik di dunia itu, dan 80 peratus daripada jumlah itu menggunakan pengangkutan laut.

Ketika ditanya sama ada penduduk Pulau Tioman mengharapkan projek itu menjadi kenyataan, Hashim berkata majoritinya menyokong: “Ada juga yang menentang, tapi seperti juga projek pembinaan marina di kampung Tekek, apabila sudah siap, mereka tahu, projek itu menguntungkan industri pelancong di sini.”

Sebelum ini (pada tahun 2004), projek pembinaan marina bernilai RM40 juta turut mendapat bantahan pelbagai pihak yang khuatir projek itu akan menjejas batu karang di taman laut di situ.

Sementara itu pelbagai pihak termasuk penduduk pulau berkenaan berharap projek itu dapat dilaksanakan seperti yang dirancang bagi merancakkan lagi industri pelancongan di pulau itu.

Seorang penduduk, Abdul Latif Salam, 45, dari Kampung Mukut di sini berkata, beliauyakin lebih ramai lagi pelancong luar akan mengunjungi pulau itu sekiranya kemudahan lapangan terbang yang baru dibina.

Pulau Tioman diisytiharkan sebagai pulau bebas cukai pada 1 September 2002.

Ia menjadikan pulau itu setanding dengan Pulau Batam dan Bintan di Indonesia yang berjaya menarik ramai pelancong luar terutamanya Singapura.

Namun hakikatnya kini, hasrat penduduk Pulau Tioman untuk melihat pesawat-pesawat Boeing 737 yang membawa lebih ramai pelancong luar mendarat di lapangan terbang baru pulau itu masih jauh.

Felda settlers go to court

Tuesday August 21, 2007

By CHELSEA L.Y. NG

chelsea@thestar.com.my

KUALA LUMPUR: More than 400 dwellers of the Lembah Klau Felda settlement near Raub have gone to court to seek hefty damages from the Government for building a dam on their land.

The group of 474 people filed the originating summons through its representative Datuk Abdullah Abu Bakar, 45, the son of a deceased settler. The settlers are not happy with the compensation offered by the Government.

One of the group members who turned up at the courthouse here yesterday said the Government was only giving RM30,000 for every acre (0.4046ha) of land used up by the dam.

The RM3.8bil dam is part of a raw water transfer project between Pahang and Selangor to supply water to Klang Valley consumers.

In his affidavit, Abdullah is seeking damages of at least two acres (0.8092ha) of land for each settler at RM7 per square feet (0.0929 square metre).

He claimed that each settler owned between eight and 10 acres (3.237ha and 4.046ha) of land, excluding the area occupied by their house.

The action was filed at the High Court here last week, but was only extracted and served on the Attorney-General’s Chambers yesterday.

Through the summons, the group wants the court to, among others, declare the real value of the land and compel the Government to disclose the Environmental Impact Assessment (EIA) report on the area.

In Abdullah’s affidavit, he claimed the settlers were pioneers who had left the comfort of their homes around the country to toil the hard earth of the Felda land 43 years ago.

“We have gone through extreme hardship clearing the land and cultivating it without basic amenities.

“We have also courageously faced wild animals, terrorists, diseases, and the harsh weather to keep our promise to develop the land,” he claimed.

Abdullah also lamented that the Government’s move to build a dam would change the ecosystem of the land, which had since been transformed into a mini agricultural township.

Illegal factories next on Selangor hit list

BY GEETHA KRISHNAN

NOW that Selangor is almost a squatter-free state, the Selangor government is bent on getting rid off illegal factories.

Attractive incentives are being given for illegal factory operators to ensure they legalise their operations within a stipulated timeframe, after which action will be taken against them.



Environmentalists and other concerned individuals like residents living near these illegal factories are unhappy with thejavascript:void(0)
Publish Post state’s project to legalise illegal factories for reasons like pollution, damage to infrastructure and general disturbance.

The state government contends the legalisation agenda is for the common good because the 3,165 illegal factories recorded in a census export products worth RM3bil annually, not to mention the 150,000 job opportunities available to locals and foreigners.

At the same time, Selangor Mentri Besar Datuk Seri Dr Mohamad Khir Toyo has maintained a clear stance that threats to public health and safety will not be condoned nor tolerated.

Illegal factories that caused noise and air or water pollution would be fined, ordered to cease operations or to shift operations elsewhere. By definition, factories operating without permits, business licences or Certificates of Completion and Compliance (CCC) on land meant for residential, agricultural or commercial purposes or on government reserve land are deemed illegal.

The legalisation circular was issued on July 31, 2006.

However, the legalisation process comes with certain conditions like the discounts offered for land conversion that only apply to factory operators who own the land.

Incentives in the state government’s package include reduced industrial land premiums and staggered premium payments stretched over 12 months for those who cannot make lump sum payments.

Under the package announced in June, factory owners will enjoy a 50% discount on land premiums paid within three months of the conversion approval. Those who pay up within six and nine months are entitled to 30% and 10% discounts respectively.

At a briefing for factory operators in April, state Housing, Building and Squatters Management Committee chairman Datuk Mokhtar Dahlan said areas occupied by illegal factories lacked basic infrastructure like roads, lighting, drains and sewerage facilities.

“Through the legalisation agenda, we want to ensure all requirements concerning layout, building plans and safety are met by working with the Environment Department, Fire and Rescue Services Department, Syabas and TNB,” he told a press conference.

Illegal factory operators in the Balakong New Village Industrial Zone gave much thought to legalising their operations years ago.

Balakong assemblyman Datuk Hoh Hee Lee told StarMetro the area now serves as a benchmark for other operators concerned with doing things by the book.

The Balakong New Village Industrial Zone has 220 factory lots, spread over 200ha. The area was originally classified as agricultural land.

“When the idea of legalising their businesses was proposed in 1995, the factory operators set up the Balakong New Village Industrial Zone Landowners and Factory Operators Association.

“They sought the advice of the Hulu Langat Public Works Department and the Environment Department.

“Efforts were also taken to look at the masterplan for Balakong,” Hoh said.

“The operators also pooled their resources to raise RM200,000 to conduct a topography study and engineering design to improve the infrastructure,” he said. The figure collected so far is RM7mil. Plots of land were also reserved for the future use of TNB and Syabas.”

The Balakong New Village Industrial Zone comes under the Kajang Municipal Council. Next to the Klang Municipal Council, MPKj has the highest number of illegal factories in Selangor.

Around 614 illegal factories operate under the municipality and the concentration is in Balakong, Semenyih, Dusun Tua, Hulu Langat, Sungai Chua and Simpang Balak.

Only 58% of illegal factory operators in Selangor have applied for licences. Although it was the intention of the state government to declare itself an illegal factory-free state in 2005, the journey will be a long one.