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Govt decides against tabling of proposed Transboundary Haze Act

KUALA LUMPUR: The government has decided against the tabling of the proposed Transboundary Haze Act (THA) which aims to take action against Malaysian companies or individuals that cause haze in the country, regardless of where the burning occurred. 

Natural Resources, Environment and Climate Change Minister Nik Nazmi Nik Ahmad said the decision was made after taking into account the feedback given by the Attorney-General's Chambers (AG-C) and legal experts' views on the difficulties in prosecution.

"The ministry has examined the appropriateness of enacting the law from various perspectives, including the feasibility of the proposed law, diplomatic relations, and the importance of environmental pollution prevention. 

"In order to enforce the law, clear evidence that the haze originated from neighbouring countries must be supported by sufficient data, including location maps, coordinates, landowner information as well as the operating areas. 

"(And) this matter involves confidentiality, national security and sovereignty," he said in a parliamentary written reply on Monday (Nov 6). 

Nik Nazmi said this in response to Tan Hong Ping (PH-Bakri) who enquired on the status of the bill. 

At the same time, Nik Nazmi added that it was also difficult to obtain information about Malaysian-related companies operating in foreign countries as the majority of the equity is held by residents of the host country. 

Following this, he added that the ministry has come up with several strategies and preventive measures, as well as prioritising diplomatic approaches through bilateral and multilateral negotiations to address the issue. 

"Transboundary haze pollution cannot be resolved solely through the enactment of laws and there are many ways to prevent and reduce the intensity of transboundary haze. 

"In this regard, the government will implement a holistic approach through close diplomatic relations and technical cooperation to enhance the capabilities between countries."

Last month, Nik Nazmi's predecessor, Yeo Bee Yin called the government to consider introducing THA in Malaysia.

The Puchong MP warned that the government could incur losses in excess of RM1 billion due to impacts on tourism and businesses, costs associated with firefighting and cloud seeding operations, flight cancellations, medical expenses, and damage to biodiversity.

She said that in 2020, the Pakatan Harapan cabinet had agreed in principle to introduce the law; however, progress stalled after the change of government, known as the "Sheraton move".

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