RESIDENTS objecting to a proposed waste-to-energy (WTE) project in Batu Arang, Selangor are seeking to challenge the project’s environmental impact assessment (EIA) report in court.
They have applied for leave to begin a judicial review against the report, which the Environment Department (DOE) approved in July.
They argue that they have been deprived of the opportunity to examine and object to any changes and additional information in the report, according to a statement by Jaringan Rawang Tolak Insinerator (JRTI).
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"The second to the sixth EIA reports for the proposed Sultan Idris Shah Green Energy Plant on Lot 3847 in Rawang were not made available for public review and comment," the statement read.
"The sixth report’s approval also lacks transparency. DOE has failed to notify the objectors about the approval, justify it and respond to requests for the approval letter, approval conditions and the required environmental management plan.
"Other concerns raised in the application include potential environmental and public health impacts, geological hazards associated with the former coal mining area in Batu Arang and threats to the Gombak-Hulu Langat National Geopark."
The applicants are seeking a court order to quash the sixth EIA report’s approval, a stay of the approval pending the judicial review, and declarations that the approval was unlawful and invalid.
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The application was filed by four applicants: JRTI spokesman Abdul Hanan Abd Mokti, who is also representing Persatuan Kesedaran dan Pendidikan 3R Kuala Lumpur; Bandar Seri Coalfields resident Ng Si Jian; Batu Arang resident Lai Wai Meng; and the Consumers’ Association of Penang.
They are represented by lawyers Jessica Binwani, Lalith Kumar and Kireshmaa Nair.
The director-general of environmental quality, KDEB Waste Management Sdn Bhd (KDEBWM), YTL Power Generation Sdn Bhd (YTL Power Generation) and Selayang Municipal Council are named as respondents.
KDEBWM and YTL Power Generation are the project proponents for the proposed WTE plant.
The hearing for the leave application was, however, adjourned to Dec 9 during a proceeding on Monday (Nov 2) at the Kuala Lumpur High Court following a request by the Attorney General’s Chambers (AGC).
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Senior Federal Counsel Mohd Isa Muhammad, representing AGC, informed the court that he required more time to review the cause paper.
The session was presided over by Justice S. Indra Nehru.
The WTE plant's construction was reportedly to begin next year.
KDEBWM managing director Datuk Ramli Mohd Tahir was quoted as saying that the company had completed the necessary preparatory work, including identifying a suitable location and conducting detailed assessments to meet project requirements.
It was also reported that the state government has approved the project site.
Ramli also said the proposed WTE facility would help make waste disposal more systematic and efficient by reducing the need to continuously expand landfill sites.
