KUALA LUMPUR: Action will be taken against those responsible for the flash flood on the Federal Highway yesterday, if they are found to have flouted the Environment Department's environmental impact assessment (EIA) requirements.
Natural Resources and Environment (NRE) Minister Datuk Seri Dr Wan Junaidi Tuanku Jaafar said however, Kuala Lumpur City Hall must first identify if the company had failed to comply with the EIA that was issued before the project was approved.
"Our investigation has revealed that the project does not have a retention pond and a debris trap. The pond is supposed to retain all the mud from flowing out of the construction site.
"Any development projects that have the sensitivity to implement the things I mentioned (retention pond and debris trap), must have passed the EIA," he told reporters at the Dewan Rakyat.
Wan Junaidi said however, if the project was approved before he took over as NRE minister in Aug 2015, the developer and contractor could get away with not having the two EIA requirements.
He also said the ministry had yet to determine the date the project was approved.
"When I took over, I implemented a new regulation (to include the debris trap and retention pond) for the EIA but if the project was approved before that, they could get away with not fulfilling the requirements.
"I hope the City Hall will look into this and identify if the company had gone against their EIA.
"It is under their jurisdiction to investigate the matter and take action but if the project was approved after Aug 2015 and if any environmental departments had demanded for the EIA implementation then both authorities could take action," he added.
The terms of the EIA set by local councils to approve development projects, Wan Junaidi said, differed between one state to another - which is the reason he came up with the new regulations when he became NRE minister.
"We cannot enforce the new rules to on-going projects that were approved before that because based on universal principle that our country adopts, laws cannot be applied retrospectively," he explained.
Heavy downpour in the federal capital in late afternoon yesterday caused flash floods in a section of the Federal Highway near Bangsar South yesterday, triggering massive traffic congestion.
Wan Junaidi reportedly said the flood was caused by a clogged drainage system at a nearby construction site which led to an overflow of mud and debris on the highway.
He also said despite the heavy deluge, the rivers within the area were still capable of taking the access water from the rainfall.