More still needs to be done: Sg Kim Kim may not be pristine but it has come a long way from the toxic pollution crisis five years ago (below) that sickened thousands and shut down schools in Pasir Gudang, Johor. To prevent history from repeating, stringent laws with punitive measures and intensified enforcement are crucial to curb reckless river pollution.
PETALING JAYA: Harsher penalties alone under new amendments to the Environmental Quality Act will not spare the country’s water sources from pollution if there is a lack of manpower to enforce the provisions, said stakeholders and trade groups.
They argued that the longer reach of the law under the new amendments would remain ineffective should there be a lack of manpower on the part of the Environment Department (DOE) and suggested extending investigative and enforcement powers to other agencies.
National Water Services Commission chairman Charles Santiago said “all the best laws in the world” would not solve river pollution without proper enforcement.
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“There are various types of pollution such as pharmaceuticals, sewage, chemicals and even computer discs being dumped into the river.“Essentially, we treat our rivers as garbage cans,” he said when contacted yesterday.
He suggested that surveillance and enforcement be beefed up – not only by DOE but also be carried out by other agencies, such as local councils.
Santiago said although the mandatory jail term might serve as a deterrent, higher fines might not have much of an impact on larger companies that could afford these.
“The company directors must be held accountable for any offence of polluting water sources. “I think the government should just say, ‘We will remove your directorship and you cannot be in the same industry for the next five years,’” he said.
Federation of Malaysian Business Association vice-chairman Nivas Ragavan said although the heavier penalties are a step in the right direction, these would be meaningless if not enforced due to the lack of manpower.
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He suggested that the enforcement and investigative powers against river pollution be expanded to include other agencies.
“The powers to investigate should be a joint collaborative effort between the federal and state agencies.“This could include other agencies such as local councils, land offices and the Irrigation and Drainage Department,” he said.
Illegal factories, especially those near rivers, are a problem and should be targeted by the authorities, Nivas said.
“Tighter enforcement using drone technology and artificial intelligence to carry out surveillance can help mitigate pollution and protect water resources,” he said.
On March 25, the Dewan Rakyat passed the Environmental Quality (Amendments) Bill 2023, which increased the penalties for those polluting the environment, including in-land water pollution.
The changes to the laws came amid public outcry over repeated incidents of river pollution, which had resulted in public health risks and water supply disruption to millions.
Under the recently amended Section 25 (3), those convicted of in-land water pollution face a mandatory jail term of not more than five years and a maximum fine of up to RM10mil, an increase from the RM100,000 maximum fine or a discretionary jail term not exceeding five years or both.
Parliament was told last year that 29 rivers in the country were deemed highly polluted in 2022.In December, DOE director-general Datuk Wan Abdul Latiff Wan Jaffar said it required additional 3,000 enforcement personnel compared to the existing 1,100 personnel to tackle the workload and the number of pollution incidents in the country.
Agreeing with heavier penalties for river polluters, SME Association of Malaysia president Ding Hong Sing said advocacy and training are also crucial in dealing with the issue.
“Imposing a jail term and a RM10mil fine will not solve the problem. In fact, most businesses will have to close down if a RM10mil fine is imposed on them.
“What is also needed is educating SME businesses and explaining to them the gravity of the law and why it is important to protect the environment,” he said.
He urged the authorities to take action against illegal workshops operating near water sources before any river pollution happens.
“Either shut them down completely or get them to legalise their businesses and register themselves with the authorities,” he added.
Water and Energy Consumer Association of Malaysia president Saravanan Thambirajah said rigorous enforcement is key in ensuring that these amendments are effective.
