Stop using lack of enforcement as
an excuse
06/03/2005 Sunday Star
Sunday Star Says...
IN a few days, nine companies will be charged in court for damaging the
environment around the Bukit Cahaya Seri Alam Agriculture Park. Local
authorities would also lose their power to approve development projects in
environmentally sensitive areas.
Seven of the companies would be charged with undertaking earthworks
without prior approval from the city council.
Bad as the environmental degradation in Bukit Cahaya is, it is
unfortunately not the only shocking instance of corporate greed raping the
environment.
Such unconscionable destruction of the land to profit a few has gone on
for far too long. In the process the soil is depleted, the scenery
impoverished, the neighbourhood defiled and the health and safety of the
people threatened.
Current fines for offences ranging from improper land clearance to lack of
adequate drainage varies from RM2,000 to RM50,000. Given that developers
make millions from a single project, these are paltry sums that need to be
increased several times over.
The tough action initiated by Prime Minister Datuk Seri Abdullah Ahmad
Badawi just days ago is encouraging, but it needs to go farther. Other
culpable parties which have committed similar offences must also be hauled
up in court.
The near-indiscriminate felling of trees in so-called development projects
must also be tightly controlled. Now that trees with at least six-inch
diameter trunks must be preserved, a healthier environment and more
imaginative landscaping should be on the cards.
The hypocrisy in some tree-planting exercises is summed up in projects
that fell trees only to plant new ones after the “development”. This
increases costs and delays completion time, besides replacing the stronger
original trees with newer ones less rooted to the soil.
Apart from measures like more stringent environment impact assessment
studies, project costing could also be revised to include environment
costs from poorly managed sites. Once any project in an environmentally
sensitive area is approved, the developer should be required to pay a
substantial sum as refundable deposit in an environment account.
Meanwhile, the Anti-Corruption Agency (ACA) should be poised to swoop on
the questionable business of unlawful projects. If the errant developers
did not have some assurance that enforcement officials would not pose a
problem, would they have proceeded as they did?
An environment panel could also be formed to oversee certain projects,
comprising the relevant government agencies, the ACA and suitable
environmental NGOs. If developers conduct their business lawfully and have
nothing to hide, they should not be averse to greater transparency.
For too long Malaysia has had a number of good environmental regulations,
but effective enforcement remains a consistent problem.
Yet the lack of effective enforcement is tantamount to an absence of
regulations, or even a criminal dereliction of duty by enforcement
agencies.
The lack of proper enforcement can no longer be accepted as an
explanation. Instead, it should be seen as the problem it is, requiring
sound investigations to uncover the cause of the neglect. |