KUCHING (Nov 12): Sarawak will be able to exercise full authority over critical areas such as resource conservation, environmental management, pollution control, and sustainable development upon the passing of the proposed Natural Resources and Environment Bill, 2024, said Datuk Amar Awang Tengah Ali Hasan.

The Deputy Premier said currently, environment matters in Sarawak are governed by two main pieces of legislation namely the Environmental Quality Act 1974 (Act 127), which is a federal law, and the Natural Resources and Environment Ordinance [Chapter 84] (1958 Edition), a state law.

“Since environment is not listed in the Ninth Schedule of the Federal Constitution, it is considered a residual matter.

“This classification allows Sarawak to legislate on environmental issues under Article 77 of the Federal Constitution,” he said when tabling the Bill at the State Legislative Assembly (DUN) Sitting here today.

Awang Tengah, who is Second Natural Resources and Urban Development Minister, told the august House that an agreement was reached between the federal government and the Sarawak government to transfer regulatory authority over environmental matters to Sarawak in phases.

He said the latest developments were presented during the first Technical Committee Meeting under the Malaysia Agreement 1963 Implementation Action Council (MTPMA63) on May 28, 2024, which included the delegation of authority concerning environmental matters, specifically ‘Scheduled Waste Disposal,’ to the state governments of Sarawak and Sabah that are expected to be finalised by Jan 1, 2025, and Jan 1, 2026, respectively

“As part of the first phase of implementation, the Department of Environment Malaysia (DOE) will transfer authority for regulating ‘Scheduled Wastes’ to the Natural Resources and Environment Board (NREB) by 2025.

“An Order will be made under Article 95C on Item 8(l), List I of the Ninth Schedule of the Federal Constitution pertaining to dangerous and inflammable substances to facilitate this transition,” he said.

He said with full authority over natural resources, environmental management, and pollution control, Sarawak will be able to establish its own environmental quality goals to protect flora, fauna, and human health for beneficial uses.

“The state will have the power to implement measures to achieve these goals.

“This complete authority over environmental elements including land, water, and air will enable Sarawak to manage and protect its natural resources and environment which will ensure a healthier, cleaner, and safer environment.”

Awang Tengah said under the Bill, the NREB will be established as a corporate body where its powers would be to determine the mode and manner whereby natural resources can be exploited or used without damaging, polluting or causing adverse impact on the environment; to control, stop or prohibit the destruction of vegetation for the prevention of erosion, damage or injury to the natural resources, rivers and landscapes or the protection of the element in Sarawak; to issue directions or directives relating to environmental management practices across various sectors, including land use, water source protection, forestry, agriculture, mining, carbon capture, and marine resource exploitation; and to direct anybody or person to carry out environmental audits of any prescribed activity undertaken by him and provide a report to the Board.

“In terms of its functions, the Board, among others, is to set environmental quality goals alongside promoting pollution control and sustainable resource use; to liaise with federal environmental authorities to determine standards, enforces waste management and pollution control policies, and develops environmental management systems for conservation areas and specific regions; to undertake measures and activities to reduce carbon emissions in accordance with powers and authorities conferred by the Environment (Reduction of Greenhouse Gases) Ordinance, 2023 (Cap. 85), and other written laws; to engage in public education to increase awareness of environmental protection; and to undertake any measures necessary to safeguard the quality of the environment,” he said.

He said other salient features of this Bill included management of scheduled wastes; Environmental Impact Assessment (EIA) and Licensing of Prescribed Activities; licence on prescribed conveyance; establishment of the Environmental Fund; enhancement of enforcement powers; new offences and penalties; and financial penalty, amongst others.

He said the Bill will come into force on a date to be determined by the Minister, in accordance with clause 1(2) of the Bill.

“Regarding the regulation of scheduled waste, once an Order is made under Article 95C of the Federal Constitution, the provisions related to scheduled waste will be enforced in Sarawak through this Bill after it has been passed by this august House.

“Other provisions related to licensing for restricted and prohibited activities, prescribed conveyances, prescribed premises, and similar matters are currently governed by the Environmental Quality Act 1974.

“After this Bill is passed, Sarawak will have its own legislation, and these matters will be managed under this law in phases. Ultimately, the Environmental Quality Act 1974 will then no longer apply in Sarawak,” said Awang Tengah.