PUTRAJAYA: The proposed enactment of a Transboundary Haze Pollution Act must be thoroughly examined to ensure the law can be implemented and enforced effectively, rather than merely meeting public demands, says Datuk Seri Arthur Joseph Kurup.
The Natural Resources and Environmental Sustainability Minister said one of the main challenges in drafting the proposed law was obtaining sufficient evidence to identify the source of pollution and the parties responsible for fires in other countries.
He said his ministry had examined the merits of enacting such legislation several times, taking into account various aspects, including feasibility, evidence requirements, jurisdiction, enforcement and the implications for diplomatic relations with neighbouring countries.
"The main challenge in implementing legislation with cross-border elements is the ability to obtain sufficient evidence to determine the source of pollution and the parties responsible," he told a press conference on the haze situation here Thursday (Oct 22).
He said enforcement would require detailed information on the coordinates of fire-affected areas, land ownership and the parties carrying out activities in those areas, as well as evidence linking the fires to haze in Malaysia.
"Typically, all this information involves the jurisdiction, confidentiality and sovereignty of the country concerned. Therefore, any proposal to enact this new law must be thoroughly examined to ensure its provisions can be implemented and enforced effectively," he said.
Arthur said the government had also taken lessons from the experience of an Asean member state that enacted similar legislation about 10 years ago but faced difficulties enforcing it.
"If Malaysia wishes to take a similar step, we must ensure that the effort and the proposed legislation will be effective, rather than merely satisfying public perception," he said.
He said the ministry acknowledged views from various parties, including non-governmental organisations (NGOs), the public and community leaders, who had urged the government to strengthen the legal framework to address transboundary haze pollution.
Arthur said the government continued to use the Environmental Quality Act 1974 (Act 127) as the basis for enforcing laws against pollution and open burning within the country.
At the regional level, he said the Asean Agreement on Transboundary Haze Pollution (AATHP) remained the main framework for cooperation among member states in addressing the issue.
"The agreement recognises each country's sovereign rights, as well as its responsibility to ensure that activities within its jurisdiction do not cause environmental damage or harm the health of people in other countries," he said. - Bernama
