Legal and institutional framework for pollution prevention in Malaysian rivers

The paper examines the legal and institutional framework of powers relating to pollution prevention in rivers. Federalism in Malaysia has resulted in powers over pollution control in rivers being held by several agencies and authorities. The Drainage and Irrigation Department ('DID') have...

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Main Authors:	Syed Abdul Kader , Sharifah Zubaidah, Mustafa, Maizatun
Format:	Article
Language:	English
Published:	LexisNexis 2008
Subjects:	K Law (General) KPG Malaysia
Online Access:	http://irep.iium.edu.my/8247/ http://irep.iium.edu.my/8247/1/2008_-_Legal_and_institutional_framework_for_pollution_prevention_in_Malaysian_rivers.pdf

id	iium-8247
recordtype	eprints
spelling	iium-82472013-04-08T07:06:29Z http://irep.iium.edu.my/8247/ Legal and institutional framework for pollution prevention in Malaysian rivers Syed Abdul Kader , Sharifah Zubaidah Mustafa, Maizatun K Law (General) KPG Malaysia The paper examines the legal and institutional framework of powers relating to pollution prevention in rivers. Federalism in Malaysia has resulted in powers over pollution control in rivers being held by several agencies and authorities. The Drainage and Irrigation Department ('DID') have a privotal role by virtue of the Ministerial Functions Act, 1969 that grants to this department jurisdiction over river conservation. However in the exercise of such functions, there are a host of other functions that do not come within the purview of the DID but directly affect the water quality of rivers. Examples include licensing of industries, sand-mining, pig-rearing, cattle rearing; sewerage services, disposal of effluents and the eviction and resettlement of squatters. These matters come within the jurisdiction of local authorities, Sewerage Services Department, Department of Environment and the District Land Office respectively. Are there overlapping of powers in this scenario? Is there a need to resolve them through an integrated approach? After examining relevant legal provisions, this paper looks at several existing models of river management and points out that other than the existing legal and institutional framework at macro level, effective pollution control of rivers depends very much on local 'on th ground' factors such as the type of rivers, its functions, the interest of local stakeholders and political will. The paper then proposes several alternatives for a more efficient river management framework towards better pollution control and improved water quality in Malaysian rivers. LexisNexis 2008 Article PeerReviewed application/pdf en http://irep.iium.edu.my/8247/1/2008_-_Legal_and_institutional_framework_for_pollution_prevention_in_Malaysian_rivers.pdf Syed Abdul Kader , Sharifah Zubaidah and Mustafa, Maizatun (2008) Legal and institutional framework for pollution prevention in Malaysian rivers. Malayan Law Journal, 4. lxxv-cviii. ISSN 0025-1283
repository_type	Digital Repository
institution_category	Local University
institution	International Islamic University Malaysia
building	IIUM Repository
collection	Online Access
language	English
topic	K Law (General) KPG Malaysia
spellingShingle	K Law (General) KPG Malaysia Syed Abdul Kader , Sharifah Zubaidah Mustafa, Maizatun Legal and institutional framework for pollution prevention in Malaysian rivers
description	The paper examines the legal and institutional framework of powers relating to pollution prevention in rivers. Federalism in Malaysia has resulted in powers over pollution control in rivers being held by several agencies and authorities. The Drainage and Irrigation Department ('DID') have a privotal role by virtue of the Ministerial Functions Act, 1969 that grants to this department jurisdiction over river conservation. However in the exercise of such functions, there are a host of other functions that do not come within the purview of the DID but directly affect the water quality of rivers. Examples include licensing of industries, sand-mining, pig-rearing, cattle rearing; sewerage services, disposal of effluents and the eviction and resettlement of squatters. These matters come within the jurisdiction of local authorities, Sewerage Services Department, Department of Environment and the District Land Office respectively. Are there overlapping of powers in this scenario? Is there a need to resolve them through an integrated approach? After examining relevant legal provisions, this paper looks at several existing models of river management and points out that other than the existing legal and institutional framework at macro level, effective pollution control of rivers depends very much on local 'on th ground' factors such as the type of rivers, its functions, the interest of local stakeholders and political will. The paper then proposes several alternatives for a more efficient river management framework towards better pollution control and improved water quality in Malaysian rivers.
format	Article
author	Syed Abdul Kader , Sharifah Zubaidah Mustafa, Maizatun
author_facet	Syed Abdul Kader , Sharifah Zubaidah Mustafa, Maizatun
author_sort	Syed Abdul Kader , Sharifah Zubaidah
title	Legal and institutional framework for pollution prevention in Malaysian rivers
title_short	Legal and institutional framework for pollution prevention in Malaysian rivers
title_full	Legal and institutional framework for pollution prevention in Malaysian rivers
title_fullStr	Legal and institutional framework for pollution prevention in Malaysian rivers
title_full_unstemmed	Legal and institutional framework for pollution prevention in Malaysian rivers
title_sort	legal and institutional framework for pollution prevention in malaysian rivers
publisher	LexisNexis
publishDate	2008
url	http://irep.iium.edu.my/8247/ http://irep.iium.edu.my/8247/1/2008_-_Legal_and_institutional_framework_for_pollution_prevention_in_Malaysian_rivers.pdf
first_indexed	2023-09-18T20:17:54Z
last_indexed	2023-09-18T20:17:54Z
_version_	1777407911537934336

Legal and institutional framework for pollution prevention in Malaysian rivers

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