Protection of Marine Biodiversity from Pollution: Legal Strategies in Malaysia

Abstract

Abstract-This paper discusses sources of marine pollution in Malaysia and examines existing provisions under the law relevant to the control of such pollution. Being a maritime nation as well as one of the top biodiversity-rich countries in the world, it is important for Malaysia to give its full commitment in conserving her mega-diverse ecosystems, including that of the richly endowed seas. At present, the well being of Malaysia's marine biodiversity is facing increasing threat from various sources, notably that of land-based and vessel-based pollution. Malaysia takes pollution issue seriously, and joins other key maritime nations in enhancing her legal regime in dealing with marine pollution. This paper seeks to highlight Malaysia's continuous effort towards marine pollution control through the application of both domestic and international law. Significantly, such effort can be used as a reference by other maritime nations for the purpose of collective marine environmental protection and biodiversity conservation.

A review of plastic and microplastic pollution towards the Malaysian marine environment

“…In efforts to protect the marine environment, the government gazetted 50 locations around the country (42 in Peninsular, five in Sabah and three in Sarawak) as Marine Protected Areas (MPAs) which covers approximate 1.4% of the Malaysian waters [12]. As a developing maritime country and owning one of the busiest international shipping routes, Malaysia is highly dependent on ocean-based economic activities (e.g., shipping and tourism) to support the country's economic growth [14]. In addition to staggering terrestrial development and industrial activities occurring in the country, the marine environment is experiencing enormous pressure and severe destruction like never before and this includes population density increment, lack of environmental awareness among the public, tourism activities, coastal conversion for aquaculture activities and land reclamation [12].…”

A Comparative Study on EIA process in Malaysia, West Australia, New Zealand and Canada

“…The vast economic development in Malaysia has urged the government to implement a regulation to set a balance between the economic development and the usage of the natural resources thus promote sustainable development and environmental protection in Malaysia [23]. In respond to this predicament, the Government of Malaysia has enacted a legal statute in the year 1974 to prevent, reduce and regulate the pollution level thus intensify the environment in Malaysia [24].…”

“…The EIA Handbook compiles the steps and guidelines to prepare an EIA report to be submitted to the Department of Environment and also a list of prescribed activities [26]. Consequently, a provision under the Environment Quality Act 1974 which is the Environmental Quality (Prescribed Activities) (Environmental Impact Assessment Order) was gazetted in November 1987 in relation to the publication of the Handbook [23], [28]- [29], [34]. The EIA Order was then made mandatory to all new developments on the 1 April 1988 [25], [28]- [30].…”

“…Mustafa [23] has added that any EIA report that been submitted to DOE that was not prepared by a qualified and registered consultant will be automatically rejected. In accordance to the process and procedures of EIA in Malaysia, only registered EIA consultants have the license to prepare the EIA report to be submitted to the Department of Environment [23], [31]. The EIA process in Malaysia consists of two types of EIA assessments which are the Preliminary Assessment and the Detailed Assessment [25], [28].…”

Overview of Hazardous Waste Management Status in Malaysia

“…Environmentally hazardous substance (EHS), under the Malaysian Environmental Quality Act (EQA) 1974, is defined as "any natural or artificial substances including any raw material, whether in a solid, semi-solid, or liquid form, or in the form of gas or vapor, or in a mixture of at least two of these substances, or any living organism intended for any environmental protection, conservation, and control activity, which can cause pollution" [10][11][12]. There are currently 3839 items in the EHS reference list [13] and in a situation where a potentially hazardous material is not on the list, such substances are classified using the globally harmonized system (GHS) classification scheme and assigned a hazard category as implemented by the Department of Occupational Safety and Health, Malaysia [10].…”