Haze law hits burning question


KUALA LUMPUR: Identifying those responsible for the trans­boun­dary haze remains a major hurdle for Putrajaya in enacting a law against it, despite Malaysia being open to introducing legislation similar to one that Singapore has.

Deputy Natural Resources and Environmental Sustainability Minister Syed Ibrahim Syed Noh said the challenge is obtaining sufficient evidence to establish the source of fires, identify those responsible and link the fires to the resulting haze pollution.

He said Malaysia could introduce such legislation if the ­government deems it necessary, subject to Parliament’s approval, but clear enforcement mechanisms would be needed to ensure it was effective.

“As to whether we can introduce such legislation, as Singapore has done, the answer is yes.

“There is no obstacle if we determine that such legislation is necessary.

“But when drafting any Act, there must be methods and mecha­nisms to ensure that the legislation is genuinely necessary, enforceable and ultimately functions as a punitive instrument that allows penalties to be imposed and legal action to be taken.

“The main challenge in enfor­cing such legislation is obtaining sufficient evidence to establish the source of the pollution and identify those responsible, which requires in-depth investigation and scrutiny,” Syed Ibrahim said during the question and answer session in the Dewan Rakyat yesterday. 

He was responding to a supplementary question from Syahredzan Johan (PH-Bangi), who asked whether the government would proceed with plans to introduce a law on transboun­dary haze pollution and study the weaknesses of Singapore’s Transboundary Haze Pollution Act, which has been in force since 2014.

Syed Ibrahim said investigations would need to establish the coordinates of fire locations, land ownership and the parties carrying out activities in the affected areas.

He added that Malaysia could study Singapore’s approach, but the effectiveness of such legislation as a deterrent remains a challenge.

“One of the purposes of legislation is to deter those involved in open burning, particularly when their activities affect the well-­being and health not only of their own citizens, but also of people in neighbouring countries and across the Asean region.

“We must continue our efforts, as this problem will recur if we fail to establish a comprehensive mechanism,” he said.

Syed Ibrahim said Malaysia is also pursuing diplomatic efforts to tackle transboundary haze pollution.

These efforts include science diplomacy and the haze fund, under the Asean Agreement on Transboundary Haze Pollution.

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