GEORGE TOWN: The state Freedom of Information Appeals Board has ordered the state secretary’s office to make public the agreement for the Jelutong landfill rehabilitation and reclamation project, ruling that it does not fall under exempt documents.
Appeals board chairman Datuk Seri K. Kumaraendran said the authorities could not rely on claims of economic harm without showing how the state would be affected if the documents were made public.
"The information officer did not give us a satisfactory answer on how the state will be affected.
"When we put forth the question as to how it would affect them economically, they could not provide valid reasons," he said when contacted by The Star on Thursday (July 2).
He said one reason given by an information officer gave is that they were not prepared to disclose the agreement because it contained confidential clauses.
"Those clauses are between the parties to the contract and do not affect the third party (the public).
“The information officer could not satisfactorily answer how the state would suffer if the agreement was disclosed.
"They (information officer) cited the Freedom of Information Act, but the public is allowed to seek information from the state government and its related agencies unless it affects the state.
"In this case their reasoning was broad and was not enough," he said.
On Tuesday (June 30) the board ordered the release of the agreement for the Jelutong landfill rehabilitation and reclamation project to be made public after finding that the authorities had failed to show how disclosure of the agreement was detrimental to the state.
The decision followed an appeal by the Protect Karpal Drive association former chairman A.D. Chandrasekaran, who sought a copy of the agreement for the rehabilitation of the landfill and reclamation works for a mixed development project in Section 8, Bandar Jelutong, here.
Chandrasekaran’s request for the documents release had been rejected earlier by the state secretary’s office on the grounds that the disclosure would harm Penang’s economic interests or the financial interests of state agencies and confidentiality clauses in the agreement.
The three-member panel was chaired by Kumaraendran, with deputy chairman K. Simon Murali and R. Nagarethinam Pillay sitting as panel members.
Kumaraendran said the board found Chandrasekaran’s appeal justified and ordered that the full agreement be given to him.
"The appellant (Chandrasekaran), in his appeal, wanted the agreement to be disclosed because the public in that area is affected by this project," he said.
Chandrasekaran said the agreement should be made public as it involved government land, public funds and public interest.
"I am representing the residents in the area that will be affected by the project.
"We just want to know the plans and what works will be carried out.
"There are many housing projects and residents here who are concerned.
"Once we receive it, our team will study the contents.
"We just want the state to be transparent about the project as we will be directly affected by it," he said.
The project came under public scrutiny following calls by Protect Karpal Singh Drive for the state government to halt the plan.
The proposed RM1bil project involves rehabilitating the former Jelutong landfill and reclaiming adjacent coastal land off Karpal Singh Drive.
The 34ha landfill, which operated for more than four decades before its closure, has long been regarded as one of Penang's most challenging environmental legacy sites.
The project was awarded to PLB Engineering Bhd under a joint development agreement signed in 2020 involving the Penang Development Corporation (PDC), the state government and the company.
The rehabilitation component is intended to address environmental and safety concerns at the former dumpsite while unlocking redevelopment potential in the area.
However, the project has faced repeated regulatory setbacks.
The Department of Environment (DOE) has rejected the project's Environmental Impact Assessment (EIA) submissions five times, with the latest rejection issued in March this year due to unresolved technical issues and unfulfilled requirements.
