RAZAK AHMAD The Star 13 Dec 14;
PETALING JAYA: Many culprits flouting environmental laws have yet to be brought to court due to a shortage of trained enforcement agency officers.
Federal Court judge Datuk Azhar Mohamed said there was no shortage of environmental laws enacted to create a balance between development and conserving the environment.
“Even though various environmental laws have been introduced, the problem here as I see it is in the enforcement of these laws.
“The enforcement agencies do not have sufficient trained officers and tools, and many cases are not brought before the court,” Azhar said in his presentation at the United Nations (UN) Dialogue on Environment Rights in Malaysia.
The event was jointly organised by the UN Country Team in Malaysia, the Human Rights Commission of Malaysia, the Global Movement of Moderates Foundation, the Bar Council and the Society for the Promotion of Human Rights.
The Environmental Quality Act 1974 is Malaysia’s principal environmental legislation along with 33 other laws, rules, regulations and orders.
Having a wide range of laws was, however, still ineffective without proper, effective education and enforcement, said Azhar.
The judicial process, he explained, was also crucial to ensure the legal effectiveness of the environmental law.
“A judiciary well informed of the rapidly expanding environmental law plays a critical role in the implementation and enforcement of environmental laws.”
Azhar noted that there were past instances where the courts were criticised for failing to give a deterrent punishment to polluters.
He said a speech by Chief Justice Tun Arifin Zakaria on Jan 14, 2012, marked a significant shift of the judicial paradigm on environmental laws and sustainability.
Arifin, in his 2012 speech when opening the Legal Year and Conference of Judges, announced the setting up of a specialised Environmental Court, which became operational on Sept 3 that year.
It was reported that 373 of a total number of 474 pending cases had been disposed of by the court from September 2012 to December last year.
A continuing judicial training programme was also put in place with the setting up of a judicial training academy for judges in 2012.
The academy, Azhar said, had formulated training programmes to ensure that judges acquired and developed the skills and knowledge to perform their role to the highest professional standards.
