KUALA LUMPUR: Introducing any legislation related to transboundary haze pollution must be comprehensively assessed in terms of its effectiveness, enforceability, burden of proof, diplomatic implications and compatibility with existing laws, says the Natural Resources and Environmental Sustainability Ministry.
The ministry said it had examined the merits of introducing the proposed legislation on several occasions.
It said these considerations were necessary to ensure that resources would not be wasted.
“The effectiveness of any legislation depends not only on the existence of legal provisions but also on the ability to obtain evidence, conduct investigations and enforce the law against parties located outside Malaysia's jurisdiction,” it said in a written parliamentary reply on Tuesday (Oct 13).
The ministry also said establishing that transboundary haze originated from a neighbouring country would require sufficient supporting evidence, including location maps, coordinates, land ownership details and information on parties operating at the fire sites.
“Such information, however, could involve issues of confidentiality, security and the sovereignty of the country where the haze originated,” it said.
The ministry added that the Environmental Quality Act will continue to be the foundation of enforcement against open burning and pollution in Malaysia.
It also said bilateral mechanisms will continue to be strengthened.
“These mechanisms encompass close cooperation in fire monitoring and firefighting efforts to reduce the severity of transboundary haze, while also exploring long-term collaboration to address the pollution,” it said.
At the regional level, it said Malaysia will continue utilising the Asean Agreement on Transboundary Haze Pollution (AATHP) platform and strengthen cooperation under the agreement to realise Asean’s aspiration of achieving a haze-free region by 2030.
The ministry also said challenges associated with transboundary haze are becoming increasingly complex due to the interaction of various factors.
It added that the use of scientific evidence is essential to support policy development and informed decision-making, particularly in understanding the causes, risks, patterns and impacts of haze.
“This will enable the formulation of more targeted and effective prevention, preparedness and response measures,” it said.
NRES emphasised that the government takes the 2026 haze experience, particularly in Serian, seriously and will use the findings to reassess and improve the implementation of existing mechanisms.
It also said Malaysia will raise these matters at upcoming meetings concerning the implementation of the AATHP.
“Transboundary haze pollution cannot be resolved through legislation alone and requires a more comprehensive approach.
“Immediate measures that need to be undertaken include strengthening the enforcement of domestic laws to curb open burning in every Asean member state, enhancing information-sharing and enforcement cooperation between countries, while ensuring that commitments under the AATHP are fully and seriously implemented,” it said.
It was responding to Khoo Poay Tiong (PH-Kota Melaka), who asked whether the government intends to review the need to enact a Transboundary Haze Act and Clear Air Act following the emergency declared in Serian, Sarawak last month owing to the haze.
