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Sarawak passes new law for modern natural resource management

KUCHING: Sarawak has repealed a 75 year-old natural resources and environment law with one that provides "a modern, comprehensive approach to the management of Sarawak's natural resources and environmental conservation".

It was passed unanimously late this afternoon.

The new law is part of the steps Sarawak is taking to impose its full regulatory authority over environmental matters in the state.

Previously, environmental matters in Sarawak were governed by two main pieces of legislation: the Environmental Quality Act 1974 (Act 127), a federal law, and the Natural Resources and Environment Ordinance [Chapter 84] (1958 Edition), a state law that it repealed.

Sarawak Natural Resources and Urban Development Minister 2 and Deputy Premier Datuk Amar Awang Tengah Ali Hasan, at the second reading of the Natural Resources And Environment Bill 2024 in the state legislative assembly this morning, said that since environment was not listed in the Ninth Schedule of the Federal Constitution, it was therefore considered a residual matter.

When matters are categorised a "residual matter", the regulatory authority is the state.

That, he said, was the basis of Sarawak's demand for full regulatory authority over environmental matters and to legislate on environmental issues under Article 77 of the Federal Constitution.

Awang Tengah said the transfer of the regulatory authority was reached at the fourth meeting of the Special Council on the Malaysia Agreement 1963 on April 14, 2022.

He added that at the first Technical Committee Meeting under the Malaysia Agreement 1963 Implementation Action Council on May 28 this year, the Natural Resources and Environmental Sustainability Ministry secretary-general reported the delegation of authority on scheduled waste disposal to Sarawak and Sabah was expected to be finalised by Jan 1 next year and in 2026, respectively.

As part of the first phase of implementation, Awang Tengah said the Department of Environment would transfer authority for regulating "Scheduled Wastes" to the state's Natural Resources and Environment Board by next year.

He said an Order would 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.

Awang Tengah said the new law would have provisions that wold empower Sarawak to exercise full authority over critical environmental areas, such as resource conservation, environmental management, pollution control and sustainable development.

"These provisions are intended not only to safeguard Sarawak's natural assets but also to promote responsible development in alignment with global environmental standards.

"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," he said.

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