20/06/2013BVT 2612 Environmental Law

Environmental Law1972s United Nations Conference on The Human Environment declared that the natural resources of the earth including air , water, land, flora and faunamust be safeguarded for the benefit of present and future generationsSection 2 of EQA 1974 , environment is defined as the physical factors of the surroundings of the human beings including land, water, atmosphere, climate, sound, odor, taste, the biological factors of animals and plants and the social factors of aesthetic.

Types of Environmental LawAboriginal/Customary Law - Aranda tribe in Australia has a ceremonial site, Pinara Kutata and 1.5 Km or more area around them is a protected area. Creating flora and fauna sanctuary. - Agricultural practices of burning only small areas of land for cultivation, done at different times over a period of certain months.

ContEnvironmental law in religion - Christian Theology justify humanitys dominion over the earth-colonialism. Its gods given duty and right. - Holy Quran states that men are sent down to earth as vicegerent. - In Buddhism, humans are considered as part of living world rather than superior to it. Moral compass will point at all the good environmental ethics.

ContEnglish Law and property right. - Anybody can do whatever she or he likes on their own land as long as it is done without interfering of anothers land. vs. - Environmental law theory of landowner have the right to use their property freely, but subject to certain control (ie. Duty of care)

ContJudge- made law (Judicial Precedent) State Law and Environmental ProtectionDelegated LegislationInternational Law

Policy Making BodiesThe Department of Environment Starting from the Division of Environment back in 15th September 1975.The Department of Environment is the principal agency entrusted to administer the Act. The Minister of Science, Technology and Environment, pursuant to the powers conferred on him by the EQA 1974, enacted the Environmental Quality (Prescribed Activities) (Environmental Impact Assessment) Order 1987 that came into effect in 1988. The EIA Order 1987 was introduced to ensure the activities prescribed in the schedule to the EIA Order 1987 conduct an environmental impact assessment (EIA) process for prescribed activities.

ContEIA process will enable the decision makers to assess the impact of a proposed development project on the environment and the mitigating measures to reduce the risk and impact of such process on the environment.

ContEiMAS (Environment Institute of Malaysia) Dedicated to achieve excellence in Environmental protection efforts through its human resource development programme and other programmes that will contribute towards achieving solutions to Environmental problem in the context of providing a clean and healthy environment for human living.

ContApart from enhancing the manpower development programme needed for controlling and preventing environmental pollution, EiMASs activities will also contribute towards assisting DOE in raising the level of public awareness on the importance of environmental conservation efforts. Programmes implemented by EiMAS will provide opportunities for DOE to partner other interested parties especially the industrial sector in Malaysia, which amongst others are responsible for environmental pollution in the country.

ContEnvironmental Quality CouncilEstablished under Section 4(1) of theEnvironmental Quality Act, 1974, and launched on 12 April 1977, advising the Minister of Science, Technology and the Environment on matters pertaining to the Act and also on any matters referred to it by the Minister.The Council provides policy guidance to theDepartment of Environment in the formulation of policies and strategies towards a more holistic approach to environmental management. Council members are appointed by the Minister from the academia, the State governments, federal agencies, the industrial sector and non-governmental organizations.

ContPriority is given to enforcement issues and the strengthening of environmental legislation such as: amendments to the Environmental Quality Act, the expansion of the EIA Order and the development of specific sectoral guidelines for EIA-prescribed activities; the state of the environment vis--vis monitoring and surveillance programmes and privatization proposals; and the emerging problems of toxic and hazardous wastes associated with industrialization.

Sustainable DevelopmentContinuing simultaneously the need for environment preservation and for economic activity.In theory sustainable development meets the needs of present generation without compromising the ability of future generation to meet their needs

ContThe World Commission on Environment and Development (WCED) was established by the General Assembly of UN at the end of 1983. The first report of WCED (Control exploitations of the materials) has placed the issue of environment and development squarely on the world stage.

Duties of WCEDTo examine the critical issues of the environment and development and to formulate proposal for action to deal with them. To strengthen international cooperation on environment and development and assess now from of cooperation, and To raise the level of understanding on the part of all sectors of the international committee.

From sustainable development to ecologically sustainable development.Changing from quantitative growth to qualitative growthHuman needs are met at both international and national levels.Ensuring sustainable level of population Conserving and enhancing the resource baseEnvironmentally appropriate technologiesEnvironmental considerations adequately taken into account of economic decisions.

Sustainable Development and the Law (WCEDs Legal Principles))Article 1 Fundamental Human Right. All human beings have the fundamental rights to an environment adequate for their health and well being. Article 2 Conservation for present and future generation. States shall ensure that the environment and natural resources are conserved and used for the benefit of present and future generation.Article 3 Responsibility of a state. Ecosystems, related ecological processes, biological diversity, and sustainability.

Sustainable livingConcepts taken from the book Caring for the Earth: A strategy for Sustainable Living (1991) Respect and care for the community of lifeImprovement of the quality of human lifeConservation of Earth vitality and diversityMinimization of the depletion of non-renewable resources.Keeping within the Earths carrying capacity.Changing personal attitudes and practices.

ContEnabling communities to care for their own environment.Provision of a national framework for integrating development and conservation. Creation of global alliance.

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