Transboundary haze law must take into consideration several factors, says minister

Natural resources and environmental sustainability minister Arthur Joseph Kurup said enforcement is challenging when dealing with transboundary laws. (EPA Images pic) PETALING JAYA: Any proposed legislation to tackle transboundary haze must consider several factors, including its effectiveness, diplomatic implications, burden of proof, and whether the law could be enforced, the Dewan Rakyat was told.

Natural resources and environmental sustainability minister Arthur Joseph Kurup said these aspects must be considered because enforcement is challenging when dealing with transboundary laws.

“The effectiveness of a law, however, does not rest on its enactment alone, but the ability to gather evidence, carry out an investigation, and fortify laws outside of Malaysia’s jurisdiction,” he said in a parliamentary reply.

He was responding to Khoo Poay Tiong (PH-Kota Melaka), who wanted to know if the government was reconsidering a Transboundary Haze Act or enacting a Clean Air Act following an emergency declared in Serian, Sarawak, last month.

He said transboundary haze was becoming more challenging because of several factors, including climate variability, long dry spells, and agricultural practices.

Last month, it was reported that Kurup’s ministry was looking to draft specific legislation to address transboundary haze, similar to the approach implemented by Singapore.

G Pubadi, the undersecretary of the ministry’s environmental management division, said they were examining the existing mechanisms in Singapore to draft a specific Act to address the haze.

While he did not specify which Singaporean mechanism he was referring to, the republic’s Transboundary Haze Pollution Act 2014 gave it legal powers to act against companies whose activities outside Singapore cause or contribute to haze in the city-state.

On Sept 17, the Human Rights Commission of Malaysia (Suhakam) urged the government to enact a Clean Air Act to set legally binding air quality standards and protect public health.

The US enacted a Clean Air Act in 1963 to control air pollution and protect public health and the environment.