This site is intended for members of the Strategic Litigation Working Group on Environmental Protection and Sustainable Infrastructure (EPSIWG) to compile and share resources to develop the strategic litigation manual on environmental protection and sustainable infrastructure.
You may access this site by visiting mcchr.org/epsiwg. Access to this site is restricted and requires an authorised Google Account.
To share resources with the working group, please edit this site directly on your computer web browser.
You may use the Find tool in your web browser – shortcut keys Ctrl + F or Cmd + F – to look for a specific keyword on this site.
If you need help using this site, please email kz@mcchr.org or nn@mcchr.org.
MCCHR Resource Centre Catalogue
https://www.libib.com/u/pusatrakyatlb
Print and digital monographs collected by MCCHR
To borrow books or access restricted items, enter your email to receive the 24-hour access passcode.
Lexis Advance Malaysia Research (internal use only)
Malaysian case law and statute law
User: pusatrakyatlb
Password: Jy9k7UfJ9aE1t1yw
eLaw.my (via the National Library)
Malaysian case law and statute law
User: pnmuser01
Password: pnmuser01
PNMB LawNet Malaysia (via the National Library)
https://www.lawnet.com.my/account/login
Malaysian statute law
User: upustaka01 / upustaka02
Password: upustaka001 / upustaka002
ECOLEX by IUCN, UNEP, FAO
https://www.ecolex.org/
Environmental law database with international treaties, statutes and cases
N.B. some statutes might be out of date
Climate Change Litigation Database by Sabin Centre, Columbia Law
http://climatecasechart.com/climate-change-litigation/non-us-jurisdiction/
Notable cases in the US and selected jurisdictions
JSTOR
https://www.jstor.org/
To request specific articles, email kz@mcchr.org
SAGE Journals
https://journals.sagepub.com/
To request specific articles, email kz@mcchr.org
Springer Link
https://link.springer.com/
To request specific articles, email kz@mcchr.org
Project MUSE
https://muse.jhu.edu/refer
To request specific articles, email kz@mcchr.org
Look up more cases on the Law and Environment Assistance Platform by UNEP
https://leap.unep.org/countries/my/national-case-law
Asian Rare Earth Sdn. Bhd. v. Woon Tan Kan & Ors [1992] 1 MLRA
https://drive.google.com/file/d/1EiNjKrkOAgtmWp-BIZriXsxPUOBpAYj-/view
Tan Tek Seng v. Suruhanjaya Perkhidmatan Pendidikan & Anor. [1996] 1 MLJ 261
https://drive.google.com/file/d/1rst_G635lKIGP6iRITsOUG6nFKpAyTgS/view
Kajing Tubek & Ors. v. Ekran Bhd. & Ors. [1996] 2 MLRH
https://drive.google.com/file/d/104JGldNcVMx_bXC9MHMcLLRraU0G9W5J/view
Ketua Pengarah Jabatan Alam Sekitar & Anor v. Kajing Tubek & Ors & Other Appeals [1997] 1 MLRA
https://drive.google.com/file/d/1yKL9bn7G16UCqcfEU54mIKtGhb2o05yV/view
Kerajaan Negeri Johor & Anor v Adong bin Kuwau & Ors [1998] 2 MLJ
https://drive.google.com/file/d/17IcQAPwz4W1_pXVjVvWfyIfe96spFZJu/view
PP v. Ta Hsin Enterprise Sdn Bhd [1998] 1 MLRH
https://drive.google.com/file/d/1N15mt0268qOo5StpK1D-1xgE330fUx_5/view
Eng Thye Plantations Bhd v. Lim Heng Hock & Ors [2001] 1 MLRA
https://drive.google.com/file/d/10yhbbTKcSX0fVxLUuEWZ0ln2MiStOnzk/view
Lam Eng Rubber Factory (m) Sdn Bhd v. Pengarah Alam Sekitar, Negeri Kedah Dan Perlis & Anor [2005] 1 MLRA
https://drive.google.com/file/d/1bYG9L-UanychyOcvbOQ045wv3YaWYWDT/view
Lee Boon Tien & Ors v. Hiap Lee (Petrol) Sdn Bhd & Ors. [2009] 2 MLRH
https://drive.google.com/file/d/1smwKHqFd9G_xERF19ZE1JFcwTzwPTaml/view
Mohamad Rambli Kawi v. Superintendant Of Lands Kuching & Anor [2010] 4 MLRH
https://drive.google.com/file/d/1LF_FZzY_ThRCi3bFVxqFV0Szjojiza6R/view
Jubang Punjab & Ors v. First Binary Sdn Bhd & Ors [2011] 2 MLRH
https://drive.google.com/file/d/1k1zLk9eW6SzMMCKGVHfBcMROsfbIhsB5/view
Tr Nyutan Jami & Ors v. Lembaga Pembangunan Dan Lindungan Tanah (Land Custody And Development Authority) & Ors [2012] MLRHU 1844
https://drive.google.com/file/d/1hDoFr98uAQOq0sD0Tj7-lwtryT7gzXVO/view
Bato Bagi & Ors v. Kerajaan Negeri Sarawak & Another Appeal [2012] 1 MLRA
https://drive.google.com/file/d/1V4Ra17qVdrUgSKnMUWFWIJBEMqWgvZjI/view
Superintendent off Lands And Surveys Kuching Division & Anor v. Mohamad Rambli Kawi [2014] MLRAU 275
https://drive.google.com/file/d/1XEXEHCN_zIzVkaSZtmXnYpbEaLhuOe0P/view
Malaysian Trade Union Congress & Ors v. Menteri Tenaga, Air Dan Komunikasi & Anor [2014] 2 MLRA
https://drive.google.com/file/d/1fj9iVQPBuaTY2IYU2-wygyAIPxLvXBPB/view
Perbadanan Pengurusan Trellises & Ors v. Datuk Bandar Kuala Lumpur & Ors [2021] 2 MLRA (“Taman Rimba Kiara case”)
https://drive.google.com/file/d/1-U6VbMcj9xd9vpV9k7DgX-xz_0HrnbZu/view
Zakaria bin Ismail v Ketua Pengarah Jabatan Alam Sekitar [2003] Appeals Board – summary judgement of Penang reclamation EQA board case
https://drive.google.com/file/d/1wLIsYQafQ6bxDuTxDJF-4xUEXTOFU4iM/view
Look up more statutes on the Law and Environment Assistance Platform by UNEP
https://leap.unep.org/countries/my/national-legislation
Please match the latest version on LOM, PUNB Lawnet, Sabah Lawnet, or Sarawak Lawnet
Federal Constitution (as at 15 October 2020)
https://open-archive.mcchr.org/89310044X.pdf
Please match the latest version on LOM or PUNB Lawnet
Atomic Energy Licensing Act 1984
This Act has been adopted with a view to regulating and controlling atomic energy. It lays down standards concerning liability for nuclear damage. For the purposes of the Act, there is established the Atomic Energy Licensing Board, whose functions shall include in particular (i) to exercise control and supervision over the production, application and use of atomic energy, as well as (ii) to maintain and develop scientific and technical cooperation with other relevant bodies in relation to nuclear
https://lom.agc.gov.my/ilims/upload/portal/akta/LOM/EN/Act%20304%20-%20Atomic%20Energy%20Licensing%20Act%201984.pdf
Biosafety Act 2007
An Act to establish the National Biosafety Board; to regulate the release, importation, exportation and contained use of living modified organisms, and the release of products of such organisms, with the objectives of protecting human, plant and animal health, the environment and biological diversity, and where there are threats of irreversible damage, lack of full scientific evidence may not be used as a reason not to take action to prevent such damage; and to provide for matters connected therewith. The purpose of this Act is to regulate the release, importation, exportation and use of living modified organisms in order to protect human, plant and animal health, the environment and biological diversity.
https://lom.agc.gov.my/ilims/upload/portal/akta/LOM/EN/Mei%202019%20%20Reprint%20Online%20Act%20678.pdf
Drainage Works Act 1954
This Act makes provisions for the declaration of drainage areas by the Government or any State of Malaysia. Article 4 concerns the appointment of a Drainage Board, which shall be in charge for a period of one year. The Board shall make recommendations on the following matters: (a) extension of or alteration in the boundaries of the drainage area; (b) additions to or improvements of existing drainage works; (c) proposals for new drainage works; (d) use of drainage works; (e) stipulation of contra https://lom.agc.gov.my/ilims/upload/portal/akta/LOM/EN/Act%20354.pdf
Environmental Quality Act 1974 (EQA)
This Act makes provision for the prevention, abatement, control of pollution and enhancement of the environment. It is divided into the following Parts: Preliminary (I); Administration (II); Licences (III); Prohibition and Control of Pollution (IV); Appeal and Appeal Board (V); Miscellaneous (VI). Powers and functions relevant to the protection of the environment are shared by the Director General of Environmental Quality and the Minister charged with the responsibility for environment protection.
https://lom.agc.gov.my/ilims/upload/portal/akta/LOM/EN/Act%20127.pdf
Exclusive Economic Zone Act 1984
The Act consists of 42 sections divided into 10 Parts: Preliminary (I); Exclusive Economic Zone (II); Fisheries (III); Protection and preservation of the marine environment (IV); Marine scientific research (V); Artificial islands, installations and structures (VI); Submarine cables and pipelines (VII); Enforcement (VIII); Offences, penalties, legal proceedings and compensations (IX); Miscellaneous (X). In principle, the EEZ of Malaysia is the area beyond and adjacent to the territorial sea of Malaysia and extends to a distance of two hundred nautical miles from the baselines from which the breadth of the territorial sea is measured (sect. 3). The seas comprised in the Exclusive Economic Zone shall be part of Malaysian fisheries waters (sect. 6). Except as otherwise provided in this Act, any written law relating to fisheries shall be applicable in the exclusive economic zone and on the continental shelf with such necessary modifications or exceptions as may be necessary in an Order made under section 41. Section 42 provides for legislation making powers of the Yang di-Pertuan Agong.
https://lom.agc.gov.my/ilims/upload/portal/akta/LOM/EN/Act%20311%20-%20Exclusive%20Economic%20Zone%20Act%201984.pdf
Fisheries Act 1985
An Act relating to fisheries, including the conservation, management and development of maritime and estuarine fishing and fisheries, in Malaysian fisheries waters, to turtles and riverine fishing in Malaysia and to matters connected therewith or incidental thereto).
https://lom.agc.gov.my/ilims/upload/portal/akta/LOM/EN/Act%20317%20-%20Clean%20draft.pdf
International Trade in Endangered Species Act 2008
This Act aims to regulate international trade of wild animals and plants and to ensure Malaysia’s compliance towards the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) obligations.
https://lom.agc.gov.my/ilims/upload/portal/akta/LOM/EN/Act%20686%20(REPRINT%202018).pdf
Irrigation Areas Act 1953
The Act regulates the establishment of irrigation areas and applies only to the States of West Malaysia. The irrigation areas shall be declared by the appropriate authority by notification in the Official Gazette; no land within an irrigation area destined to the cultivation of padi shall be used for other purposes, unless expressely authorized by the competent officer (sect. 5). The appropriate authority may also approve a classification of the irrigation areas, and consequently impose water rates. The Drainage and Irrigation Engineer may provide for the construction or maintenance of waterworks, provided a reasonable compensation be paid to the owner or occupier for any loss, damage or inconvenience arising therefrom. Specific provisions are made to avoid the waste and obstruction of water and penalties are established (a) for the construction of unauthorized waterways, (b) for the unauthorized use of vehicles and boats, and (c) for the pollution of water.
https://lom.agc.gov.my/ilims/upload/portal/akta/LOM/EN/Act%20386.pdf
Land Conservation Act 1960
This Act aims at the conservation of hill lands, the prevention of soil erosion, and the control of siltation. The Ruler in Council or the Yang di-Pertuan in Council of a State may declare any area to be hill land for the purposes of this Act. Such an area shall be registered and various activities within hill land, including the cultivation of short term crops, are prohibited or restricted. Hill land may be cleared with permission of the Land Administrator as defined in section 2, for the purpose of cultivation and clearing of weeds. The Act further empowers the Ruler in Council or the Yang di-Pertuan in Council of a State to acquire hill land for purposes of preventing soil erosion. Owners of land on which the danger of landslides exists shall comply with notices served by the Land Administrator requiring them to undertake certain acts or prohibiting them. In addition, the Act provides for: powers of the Land Administrator to make orders or vary and revoke orders; appeal; penalties; etc.
https://lom.agc.gov.my/ilims/upload/portal/akta/LOM/EN/Act%20385.pdf
Local Government Act 1979
This Act makes provision with respect to local government and local authority in Malaysia. A local authority shall have the general control over and care of all public places, and shall have the power to: establish, maintain and carry out such sanitary services for dealing with effluent; establish, erect, maintain, let, control and manage markets and market buildings, shops, stalls and stands, etc. and to control the occupation and use thereof; license temporary buildings, stalls, tables, carts, or other receptacles set up or used for the sale or exposing for sale of any food or drink in streets, public places or places of public resort or on private premises; establish, erect and maintain public lavatories, closets and urinals in any public place; establish, erect, maintain and control abattoirs; safeguard and promote the public health; establish, erect, equip, maintain, control and operate cold storage works and depots for the inspection of meat; establish, erect, equip, maintain, control and operate depots for the inspection, treatment, distribution, purchase and sale of milk or milk products; etc. The Act further provides for: administration of local authorities; officers and employees of local authorities; conduct of business; constitution of the Local Authority Fund; accounts to be kept by the authority; further powers of local authorities; etc.
https://lom.agc.gov.my/ilims/upload/portal/akta/LOM/EN/Act%20171%20-%20Local%20Government%20Act%201976.pdf
Merchant Shipping (Oil Pollution) Act 1994
This Act makes provision in matter of civil liability for oil pollution caused by merchant ships. As a general rule, where, as a result of an incident, any oil is discharged or escapes from a ship, the owner of the ship shall be liable for any pollution damage caused within any area of Malaysia. In addition, the owner of the ship shall also be liable for any pollution damage caused to any area of any other country which is a party to the International Convention on Civil Liability for Oil Pollution Damage of 1969. If oil has been discharged or has escaped from two or more ships, the owners of all the ships involved shall be jointly and severally liable for all the pollution damage which cannot be reasonably separated (sect. 3). Sections 4, 5 and 6 regard exemptions, restriction and limitation of such liability respectively. Insurance against liability for pollution shall be compulsory in respect of any ship carrying in bulk a cargo of more than two thousand tons of oil (sect. 11). Part III refers to the International Oil Pollution Compensation Fund which was established by the International Convention on the Establishment of and International Fund for Compensation for Oil Pollution Damage. The Fund shall be liable for pollution damage in any area of Malaysia if the person suffering such damage has been unable to obtain full compensation on the grounds described by Section 19. Further provisions deal with jurisdiction, effect of judgements, enforcement and offences. The First Schedule indicates the overall limit on liability of Fund. The Second Schedule lists out the State Parties to the International Convention on Civil Liability for Oil Pollution Damage.
https://lom.agc.gov.my/ilims/upload/portal/akta/LOM/EN/Act%20515%20-%20Merchant%20Shipping%20(Oil%20Pollution)%20Act%201994.pdf
National Forestry Act 1984
An Act to provide for the administration, management and conservation of forests and forestry development within the States of Malaysia and for connected purposes. The Act is divided into 10 Parts: Preliminary (I); Administration (II); Permanent Reserved Forest (III); Forest Management and Development (IV); Royalty and Premium (V); Unclaimed Timber (VI); Miscellaneous Offences and Penalties (VII); Enforcement (VIII); Miscellaneous (IX); Repeals, Transitional Provisions, Etc. (XI). Part IV consists of 7 Chapters: Proprietary Rights over Forest Produce in Permanent Reserved Forests and State Land (1); Licences (2); Minor Licences (3); Use Permits (4); Removal Licence (5); Entry into Permanent Reserved Forest (6); Roads in Permanent Reserved Forest and Licence Areas (7); Forest Development Fund (8). The Act aims at promoting the uniformity of the laws of the States of Malaysia regarding (a) the administration, management and conservation of forest and (b) forestry development. To these ends, the State Authority may provide for the appointment of officers, in charge of the formulation of forest management and reforestation plans, submission of an yearly report to the State Forestry Department on forestry development, submission to the State Financial Authority of an annual budget in respect of the following financial year. The State Authority may constitute any land a permanent reserved forest, to be classified by the Director in relation to the purpose or purposes for which the land is intended to be used (e.g. timber production, soil protection, flood control, water catchment forest, research forest, etc.). Forestry products originating from a permanent reserved forest or State land shall be property of the State Authority. As a consequence, the taking of forestry products and the performance of any activity in a reserved forest are subject to the granting of a licence by the Authority.
https://lom.agc.gov.my/ilims/upload/portal/akta/LOM/EN/Act%20313.pdf
National Land Code (Revised 2020)
Main object of the Code is to ensure uniformity of law and policy with respect to land tenure, registration of titles relating to land, transfer of land, leases and charges in respect of land, easements and other rights and interests in land. To these ends, the Code introduces in the form of a National Code a uniform system within the States of Johore, Kedah, Kelantan, Malacca, Negri Sembilan, Pahang, Penang, Perak, Perlis, Selangor and Trengganu. The text consists of the following Divisions: Introductory (I); Disposal of Land (II); Alienated Lands: Incidents and Registration of Title (III); Alienated Lands: Dealings (IV); Alienated Lands: Supplemental (V); General and Miscellaneous (VI).
https://open-archive.mcchr.org/90497455X.pdf
National Parks Act 1980
The objective of the establishment of National Parks is the preservation and protection of wildlife and objects of geological, historical and ethnological interest and, through their conservation and rational exploitation, the promotion of public education (sect. 4). The Act makes provisions for the establishment of the National Parks Advisory Council, which shall assist the Minister on matters relating to the conservation, utilization, management and development of National Parks. Furthermore, a Committee shall be established in each National Park and shall be responsible for the conservation and management of the National Park. The occupation or use of lands within a National Park is permitted only for the purposes and under the conditions established in section 9.
https://lom.agc.gov.my/ilims/upload/portal/akta/LOM/EN/Act%20226%20-%20National%20Parks%20Act%201980.pdf
Occupational Safety and Health
https://lom.agc.gov.my/ilims/upload/portal/akta/LOM/EN/Act%20514.pdf
Pesticides Act 1974
An Act to control pesticides. The Act consists of the following Parts: Preliminary (I); The Pesticides board (II); Control of importation and manufacture of pesticides by registration and permit (III); Control of manufacture, sale and storage of pesticides by licensing (IV); Control of presence of pesticides in food (V); Death and injury occasioned by pesticides (VI); Enforcement (VII); Analysis (VIII); Proceedings (IX); General (X); Amendment, repeal, and saving of related laws (XI).
https://lom.agc.gov.my/ilims/upload/portal/akta/outputaktap/1699795_BI/Act%20149_28.7.2021.pdf
Plant Quarantine Act 1976
This Act provides for the control, prevention and eradication of agricultural pests, plant diseases and noxious plants.
https://lom.agc.gov.my/ilims/upload/portal/akta/LOM/EN/Act%20167.pdf
Protection of New Plant Varieties Act 2004
The present Act provides for the protection of the rights of breeders of new plant varieties, the recognition and protection of contributing farmers, local communities and indigenous people, supporting, funding and encouraging investment in and development of new plant varieties in both public and private sectors. The Act is divided in the following Parts: Preliminary (I); Plant Varieties Board (II); Procedure and Conditions for Application of Registration of New Plant Variety and Grant of Breeder’s Right (III); Rights, Limitations and Duties of a Holder (IV); Compulsory licence (V); Invalidation, Revocation, Surrender and Assignment or Transmission (VI); Appeals (VII); Infringement (VIII); Offences (IX); Enforcement (X); Miscellaneous (XI). The Act provides for the establishment of the Plant Varieties Board and defines its functions and powers, including; to set appropriate systems for the examination of new plant varieties; to consider and approve or reject applications for registration of new plant varieties and grant of breeder’s rights; to impose fees or administrative charges; and to set terms and conditions pertaining to the samples of registered plant varieties. There shall also be a Plant Varieties Fund administered and controlled by the Board.
https://lom.agc.gov.my/ilims/upload/portal/akta/LOM/EN/Act%20634.pdf
Solid Waste and Public Cleansing Management Act 2007
This Act provides for the management of controlled solid waste and public cleansing throughout Peninsular Malaysia and the Federal territories of Putrajaya and Labuan.
https://lom.agc.gov.my/ilims/upload/portal/akta/LOM/EN/Act%20672.pdf
Street, Drainage and Building Act 1974
https://lom.agc.gov.my/ilims/upload/portal/akta/LOM/EN/Act%20133.pdf
Town and Country Planning Act 1976
This Act provides for town and country planning at various levels of administration.
https://lom.agc.gov.my/ilims/upload/portal/akta/outputaktap/1684325_BI/Act%20172%20Bersih%20As%20at%201st%20June%202021.pdf
Waters Act 1920
An Act to provide for the control of rivers and streams. According to the provisions of article 3, "the entire property in and control of all rivers in any State is and shall be vested solely in the Ruler of such State". Therefore, the Act provides for the restoration of river banks in case of interference by private persons. The diversion of water from rivers for private, domestic, industrial and other purposes or for the cultivation of rice as well as any other act affecting rivers are subject.
https://lom.agc.gov.my/ilims/upload/portal/akta/LOM/EN/Act%20418-DRAF%20LULUS%20TP%2022%202%202018.pdf
Water Services Industry Act 2006
An Act to provide for and regulate water supply services and sewerage services and for matters incidental thereto. This Act aims at establishing a licensing and regulatory framework for regulatory intervention to promote the national policy objectives for the water supply services and sewerage services industry.
https://open-archive.mcchr.org/90497801X.pdf
Wildlife Conservation Act 2010
This Act provides for the regulation, protection, conservation and management of wildlife in Malaysia. It Act applies to Peninsular Malaysia and the Federal Territory of Labuan. The Act provides for the appointment of officers in charge of the proper implementation of the provisions of this Act. The Act sets out requirements and procedures for obtaining licences and permits for: the hunting, keeping, taking, importing and exporting any protected wildlife; collecting birds’ nests; carrying on the business of dealing; carry on the taxidermy business; operating a zoo; operating commercial captive breeding; operating a circus or wildlife exhibition; and carrying out research and study on any protected wildlife. The Act provides for duties and obligations of licensed hunters, dealers, taxidermists, etc. The Act provides for the declaration of wildlife reserves or wildlife sanctuaries. Permits shall be obtained before entering wildlife reserves and sanctuaries. The Act further provides for: general exceptions and presumptions; offences and penalties related to licences, permits and special permits; powers relating to the enforcement of the Act; etc. The Act contains seven Schedules: Protected wildlife; Totally protected wildlife; Standard of maturity of protected and totally protected wildlife; Poisons; Controlled species; Wildlife for aborigine’s consumption; and snares. https://lom.agc.gov.my/ilims/upload/portal/akta/LOM/EN/Act%20716%20-%208%2010%202014.pdf
Please match the latest version on PUNB Lawnet, Sabah Lawnet, or Sarawak Lawnet
Sabah Environment Protection Enactment 2002
This Act constitutes the legislative framework in matter of environmental protection within the State of Sabah. Part II of the Act is devoted to the setting up of the Environment Protection Council whose functions shall be to advise the State Government on matters relevant to the implementation of these provisions. On the other side, Part IV of the Act provides for the establishment of the Environment Protection Fund. Further provisions as regards public servants and administration competent in the environmental field are laid down in Part V. For the purpose of contributing to the protection of the environment in the State of Sabah, an environmental protection policy (sect. 9) as well as an environmental protection programme (sect. 10) are to be drawn up. Moreover, environmental protection areas are to be designated by the Minister as per Section 11. Part VI lays down duties and restrictions. As a general rule, no person shall use any land in a manner which has or is likely to have a significant adverse effect on the environment (sect. 28). Further restrictions refer to coastal areas, beds of lakes or rivers, water, discharge of pollutants, vegetation, genetically modified organisms or plants or animals (sects. 29-34). Exemptions for research activities may be granted (sect. 36). Parts VII and X of the Act lays down enforcement measures and penalties respectively. Part VIII provides for the establishment of the Environment Appeal Board which shall hear any appeal brought to it in accordance with Section 47.
https://sagc.sabah.gov.my/sites/default/files/law/EnvironmentProtectionEnactment2002.pdf
Sabah Forest Enactment 1968
https://sagc.sabah.gov.my/sites/default/files/law/ForestEnactment1968%20.pdf
Sabah Land Ordinance
The Ordinance is divided into the following Parts: Preliminary (I); Country Lands (II); Town Lands (III); Native Lands (IV); Registration (V); Part VI has been repealed; Collection of Land Revenue (VII); Demarcation and Survey (VIII); Trespasses and Penalties (IX). The entire property in and control of State land or land reserved for a public purpose is vested in the Government. Subject to any general or special direction of the Minister, the Director of Lands and Surveys may alienate State land, according to the terms and conditions established in this Ordinance. The procedure for the alienation includes: (a) identification of the subjects to whom the land may be alienated; (b) application for State land; (c) enquiry as to native rights; (d) determination of compensation to be paid to natives by cash or by grant of land; (e) land survey by collectors of land revenue; (f) issuance of temporary occupation licences; (g) determination of land revenue to be paid before the issue of title; (h) revision of rent; (i) surrender of title. All coal, minerals, precious stones, mineral oils, edible birds' nests and guano, as well as the right to enter upon any lands for inspection purposes are reserved to the Government. Furthermore, the Ordinance states the power of the Yang di-Pertua Negara to reserve any State land for public or residential purposes, and establishes all the specific rights that are reserved to the Government (e.g., taking of timber and road-making material on payment of compensation, construction of sewers, irrigation works and survey stations, etc.).
https://sagc.sabah.gov.my/sites/default/files/law/Land%20Ordinance%20%28Cap.68%29.pdf
Sabah Parks Enactment 1984
This Enactment is divided into the following Parts: Preliminary (I); Establishment of Parks (II); Establishment and Constitution of a Board of Trustees (III); Procedure of Board (IV); Administration (V); Functions of the Board (VI); Financial Provisions (VII); Control of Parks (VIII); General (IX). The power to constitute National Parks is entrusted to the Yang di-Pertua Negeri, according to the procedure set out in Part II. The main provisions of this Enactment concern the establishment of the Board of Trustees of the Sabah Parks, which shall: (a) initiate, coordinate and control the activities in respect of all parks in Sabah; (b) assist the Government in the adoption and implementation of the appropriate measures, methods and policies in order to facilitate the development of the parks. Further provisions regard the composition of the Board, the nomination of the members and its rules of procedure. Part VII governs the establishment of the "Park Fund", which shall be administered by the Board. The latter may invest moneys forming part of the Fund in any form authorized by law for the investment of trust funds in Sabah or Malaysia, including the deposit in the Government Treasury or in any bank or as the Minister for Financial Planning and Development may approve. The enactment establishes also all the activities that are prohibited within the parks, unless expressly authorized by the Board (e.g., to hunt or kill animals, to remove animals or vegetation, to erect buildings, etc.). All trophies found or taken within a park shall be park trophies and the property of the Board. Final provisions concern (a) the power of inspection of the Director of Parks and of Park Officers appointed by the Board; (b) enforcement measures; (c) offences and penalties.
https://sagc.sabah.gov.my/sites/default/files/law/ParksEnactment1984.pdf
Sabah Wildlife Conservation Enactment 1997
The text consists of 199 sections divided into 12 Parts: Preliminary (I); Administration (II); Protected areas (III); Protection of animals and hunting (IV); Possession of and trade in animals (V); Protection of plants (VI); Utilisation of wildlife (VII); Enforcement (VIII); Offences (IX); Liability of company members, administrative penalties and other penalties (X); Powers of the Minister (XI); Miscellaneous (XII). Section 2 contains definitions. There shall be a Department of Wildlife headed by a Director (sect. 3). The Director shall be generally responsible for the carrying into effect of the provisions of this Act and shall be assisted by Wildlife Officers. Specific duties of the Director are outlined in section 4. The Minister may propose areas of Sabah as Wildlife Sanctuaries to the Yang di-Pertua Negeri under section 9. Sections 10 to 20 prescribe procedures for the creation of Sanctuaries, provide for their management and place restrictions on hunting and other activities in those protected areas. Conservation Areas may be declared by the Yang di-Pertua Negeri under section 21. If there is an urgent need to save wildlife or its habitat the Minister mat declare provisional Wildlife Sanctuaries under section 22. No person shall hunt any animal specified in Part I of Schedule 1. Animals listed in Part I of Schedule 2 may be hunted only with a licence (sect. 25). Section 28 contains general provisions relating to hunting licences, whereas sections 29 to 32 provide for specific types of licences: sporting licence; commercial hunting licence; animal kampung licence, and other licences as may be prescribed. Section 33 places further restrictions on hunting. Section 54 places restrictions on the harvesting of protected plants listed in Schedules I and II. Section 56 provides for a plant collection licence. Sections 64 to 75 make provision for the creation of Wildlife hunting areas, for the management and conservation of such areas, and regulate procedures of expropriation and other matters related to creation of such areas.
https://sagc.sabah.gov.my/sites/default/files/law/WildlifeConservationEnactment1997.pdf
Sarawak Biodiversity Centre Ordinance 1997
https://lawnet.sarawak.gov.my/lawnet_file/Ordinance/ORD_CAP.%2024%20(Watermark)(H).pdf
Sarawak Forestry Corporation Ordinance 1995
https://lawnet.sarawak.gov.my/lawnet_file/Ordinance/ORD_CAP.17hwm.pdf
Sarawak Forests Ordinance
https://lawnet.sarawak.gov.my/lawnet_file/Ordinance/ORD_Cap.%2071%20Forest%20LawNet.pdf
Sarawak Land Code
This Act, consisting of three Parts, applies to Native customary rights of Sarawak. It specifies the following Land classification as follows: i. Interior Area Land is land not falling within other classifications and which is not a Government Reserve; ii. Native Customary Land that comprises land over which natives are entitled to exercise customary rights (any area of State Land can be declared a Native Communal Reserve for the use of the native community) and Interior Area Land over which a native has been permitted to acquire customary rights with the permission of the District Officer; iii. Mixed Zone Land that is land which is such by virtue of prior law or which becomes such by a declaration by the Minister under the Code. Only a native of Sarawak can acquire the privileges or rights under the Native Area Land, Native Customary Land or Interior Land. Land is liable to forfeiture if abandoned for three consecutive years or more. Land alienated for agricultural purposes cannot be used for other purposes and must be cultivated within prescribed periods.
https://lawnet.sarawak.gov.my/lawnet_file/Ordinance/ORD_LANDCOD2020.pdf
Sarawak Land Custody and Development Authority Ordinance 1981
https://lawnet.sarawak.gov.my/lawnet_file/Ordinance/ORD_F-LCDA4LAwNetMark.pdf
Sarawak Local Authorities Ordinance 1996
https://lawnet.sarawak.gov.my/lawnet_file/Ordinance/ORD_CAP.20(Watermark)(H).pdf
Sarawak National Parks and Nature Reserves Ordinance 1998
https://lawnet.sarawak.gov.my/lawnet_file/Ordinance/ORD_CAP.%2027%20watermark.pdf
Sarawak Natural Resources and Environment Ordinance
https://lawnet.sarawak.gov.my/lawnet_file/Ordinance/ORD_NRE%20ORD.%20LawNet.pdf
Sarawak Public Parks and Greens Ordinance 1993
https://lawnet.sarawak.gov.my/lawnet_file/Ordinance/ORD_Cap3hwm.pdf
Sarawak Rivers Ordinance 1993
https://lawnet.sarawak.gov.my/lawnet_file/Ordinance/ORD_CHAPT4hwm.pdf
Sarawak State Fisheries Ordinance 2003
https://lawnet.sarawak.gov.my/lawnet_file/Ordinance/ORD_CAP.%2054%20watermark.pdf
Sarawak Timber Industry Development Corporation Ordinance 1973
https://lawnet.sarawak.gov.my/lawnet_file/Ordinance/ORD_F-stidc%20LawNet.pdf
Sarawak Water Ordinance 1994
https://lawnet.sarawak.gov.my/lawnet_file/Ordinance/ORD_CAP.13hwm.pdf
Sarawak Wild Life Protection Ordinance 1998
https://lawnet.sarawak.gov.my/lawnet_file/Ordinance/ORD_CAP.%2026%20watermark.pdf
See the International Environmental Agreements (IEA) Database Project by Ronald B Mitchell, University of Oregon
https://iea.uoregon.edu/country-members/Malaysia
Oct 2021 workshop presentation decks
https://drive.google.com/drive/folders/1sBHOFA2MLA_ydfiBeVn6UQhFL7b8D5GM
International Good Practice Principles for Sustainable Infrastructure Integrated, Systems-level: Approaches for Policymakers
United Nations Environment Programme (UNEP)
https://drive.google.com/file/d/1rX8WJm-RCDmRCexizBK77PdNU_CR5vCZ/view
Measuring Sustainability in Infrastructure Investment: A Case Study Assessment of Selected Standards and Tools
https://drive.google.com/file/d/1oZMp26nWzz2f7V6CPDOBxqw74ffJsyFO/view
How UNECE’s legal instruments and tools promote sustainable infrastructure
Rebecca Wardle
United Nations Economic Commission for Europe (UNECE)
https://drive.google.com/file/d/1ZbG7yAPY7X2o1f1DdrHfTVT4oT3BDHA-/view
State of the Practice: Sustainability Standards for Infrastructure Investors
Michael Bennon & Dr. Rajiv Sharma
Guggenheim Partners, Stanford Global Projects Center, WWF
https://drive.google.com/file/d/19Jos65uKVnhEX-nbChpWO7qbfIGsQZUm/view
ESG Litigation Roadmap
Latham & Watkins
https://drive.google.com/file/d/1U8V0SpXHBIZDBUBADe50rystUTyE0E32/view
Attributes and framework for sustainable infrastructure
Amar Bhattacharya et al
Global Economy and Development at Brookings, IDB Group
https://drive.google.com/file/d/1QlOakPl4TaKhwtEMyydLzu7BX4p05XNk/view
Sustainability policy, current law, legislation and what is on the stocks
Simon Tolson
Fenwick Elliott
https://drive.google.com/file/d/1SlfobLTQ8t5GaWnM48xhxJf5Cp7UCI5y/view
Bar Chats: EnviroRights
Malaysian Bar Council Environment & Climate Change Committee
https://podcasts.apple.com/gb/podcast/bar-chats-envirorights/id1558924953
Environmental Laws in Malaysia: Time to Walk the Walk
Azmi Sharom
http://eprints.um.edu.my/13465/1/environmental_laws_in_malaysia.pdf
Environmental Impact Assessment (EIA) Procedures and Requirements in Malaysia
Department of Environment Malaysia
http://www.doe.gov.my/eia/wp-content/uploads/2013/06/EIA-Procedure-and-Requirements-in-Malaysia.pdf
International Judicial Practice on the Environment: Questions of Legitimacy ($)
Edited by Christina Voigt, Universitetet i Oslo
https://www.cambridge.org/core/books/international-judicial-practice-on-the-environment/DD4BDB3E58370FBF6846D5917207963B
Training Manual on International Environmental Law
UNEP
https://wedocs.unep.org/bitstream/handle/20.500.11822/20599/UNEP_Training_Manual_Int_Env_Law.pdf?sequence=1&isAllowed=y
Climate Change Litigation
Jacqueline Peel & Hari M Osofsky
Annual Review of Law and Social Science
https://drive.google.com/file/d/1jTZhSuIUz5RGMQB0CPOtK98Nz-Ee1dxV/view
Incorporating Sustainability into Infrastructure: How climate and nature-related factors are applied in the investment process
Oliver Wyman & WWF
https://wwfint.awsassets.panda.org/downloads/wwf_incorporating_sustainability_into_infrastructure.pdf
A Haze of Secrecy: Access to Environmental Information in Malaysia
CIJ & Article 19
https://www.article19.org/data/files/pdfs/publications/malaysia-a-haze-of-secrecy.pdf
A New Tool to Protect Forests: Strategic Litigation
Emma McMahon, Climate Advisers, 26 October 2020
https://climateadvisers.org/blogs/a-new-tool-to-protect-forests-strategic-litigation/
Prologue – Foreword, Glossary, Table of Contents
https://docs.google.com/document/d/1pIcvTd4duMCh8ce0t9oKx1i-ICOLEgzv6Om6p8Imzjk/edit
Chapter 1 – Overview
https://docs.google.com/document/d/1LvtaRnaBamS-EaGPsP43B9InCOCJ8Y2zCOlUKJYpsqk/edit
Chapter 2 – Domestic Legal Framework
https://docs.google.com/document/d/1qPVPtu887mzKzL5Xu8WortRn1lmnns_LdeqaP8KvNrU/edit
Chapter 3 – Avenues & Pathways
https://docs.google.com/document/d/1iXtZUOgnzb7gz7zX-o9FM96gCSTiSm18NadYZ02_-iU/edit
Chapter 4 – Avenues & Pathways
https://docs.google.com/document/d/1ZWOsRlDBuo8z3bOM7T0JUHzeZ1A2gC5EGnMm13E-V2g/edit
Chapter 5 – Way Forward
https://docs.google.com/document/d/1_rJdqydQr2qVtPkhw3H3FRbgHLJnJKjIAirjNFBnxW8/edit
Epilogue – Appendixes, Index
https://docs.google.com/document/d/1qKAPlRTUVMlvuLCpw5ma9e2jiI2t37-mTg562tH2Evs/edit
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Chen Kok On
JPKERUAK
talk2on@yahoo.com
Firdaus Husni
CEO, MCCHR
firdaus@mchr.org
Hon Kai Ping
HY Lee & Hee
anyiemang@hotmail.com
Khairil Zhafri
Consultant, MCCHR
khairil@mcchr.org
Roger Chin
President, SLS
roger.chin@chinlauwongfoo.com.my
Seira Sacha Abu Bakar
Seira & Sharizad
seira@seirasharizad.com
Shantini Guna Rajan
WWF-Malaysia
srajan@wwf.org.my
Sheelasheena Damian
WWF-Malaysia
sdamian@wwf.org.my
Simon Siah
Simon Siah Chua & Chow
adv.simonsiah@gmail.com
Solomon Hii
Detta Samen & Co
solo_hii0902@hotmail.com
Sukumaran Vanugopal
S Vanugopal & Partners
svanugopal@gmail.com
Toh Nyon Nyin
Project Officer, MCCHR
nyonyin@mcchr.org