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Penang State must make public findings of investigations into Jalan Bukit Kukus landslide tragedy

  • Publication Date | January 31, 2019
  • Document Type | Media Statement
  • Programmes | Development & Planning
  • Issues | Planning, Urban Development
  • Tags | Bukit Kukus, DoE, EIA, Hill Development, landslide, MBPP
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Sahabat Alam Malaysia (SAM) and the Consumers Association of Penang (CAP) call on the Penang state government to make public its findings into the Jalan Bukit Kukus landslide tragedy and to disclose the conditions under which works are being allowed to proceed.

This call is made in the wake of works being allowed to proceed on the road, following the lifting of stop-work orders issued by the Department of Occupational Safety and Health as well as the Majlis Bandaraya Pulau Pinang (MBPP), as reported in the media today.

Given that the State had carried out internal investigations on the tragedy which occurred on Oct.17 which saw the loss of 9 lives, it is vital for the findings to be made public, so that there is transparency in the process.

We would like to know if the relevant authorities are being held accountable for their inactions in relation to the tragedy.

It is also critical to know what measures are being taken and conditions imposed to ensure that there will be no repeat of any untoward incidents once work on the road project commences.

In response to claims by the authorities that no Environmental Impact Assessment (EIA) report was needed for the project, CAP has written to the Chief Minister, the Mayor of MBPP and the Department of Environment (DOE) asking how the project was exempted from such a requirement.

According to state officials, an EIA was not required, as this was the view of the DOE for which an exemption letter was given.

The authorities must clarify why an exemption was given for this project, when the project involves hill lands above 76 m and slopes exceeding 25 degrees.

Our understanding of the law on the matter is as follows:

The approval for the road construction was given sometime in 2013-2014.

1.      The relevant law that applied then was the Environmental Impact Assessment (Prescribed Activities Order) 1987. Effective from 20th June 2011, the DOE had a list of ‘Prescribed Activities’ which required Detailed Environmental Impact Assessment (DEIA), which means that public feedback must be sought on the DEIA for the project prior to any approvals given.

Among the listed projects are: ‘Project involving land clearing where 50% of the area or more having slopes exceeding 25 degrees (except quarry).’

In our view, this is meant to cover any type of project on risky hill slopes.

In the case of the Bukit Kukus Road, much of the project involves the clearing of areas which exceed 25 degrees, and regardless of the type of road (whether ‘collector road’ or some other road), a DEIA should have been required.

It is untrue to say that the law did not require an EIA, when the DOE list of activities required an EIA for a project of this nature. Why such an exemption was given by the DOE must be made public by the DOE.

2.      A second point that must be addressed relates to non-compliance with the current Penang Structure Plan (PSP). The PSP contains a general prohibition against any form of development on lands with a slope of more than 25 degrees or lands situated at more than 75 m (250 feet) above sea level (i.e. hill lands). 

The PSP only allows for limited development on hill lands if a project is categorised as a ‘special project’. The PSP does not define what is a ‘special project’. However, there are ‘Guidelines on Special Projects’ which were approved by the State Planning Committee in 2009. Under these guidelines, any infrastructure project which is of importance to the government and for public use which cannot be avoided from being on hill lands can fall in the category of ‘special project’.

If the Bukit Kukus Road project was such a ‘special project’ as per the Guidelines, then the PSP states clearly that the development must be subject to strict controls by complying with guidelines for hillslope developments and it must also have an approved EIA in addition to approval from the State Planning Committee.

Given the above, not having an EIA for the Bukit Kukus Road is a clear violation and non-compliance of the PSP.

The PSP has legal effect as it is done under the Town and Country Planning Act 1976 and is a gazetted document.

The State authorities including the MBPP as well as the DOE must abide by the PSP and should have ensured that a DEIA was done for the project, which should have been subject to public display and consultations prior to any approval for this project.

Clearly, by not having an EIA done, there has been a non-compliance of the PSP and this is a very serious transgression of the law and guidelines by the authorities themselves.

The Bukit Kukus landslide tragedy cannot be regarded merely as a worksite tragedy. It involves a project on sensitive hill lands, given that the project is clearly above 76 m and involves gradients of 25 degrees and above.

The State Authority, the MBPP and the DOE must explain how they allowed non-compliance of the PSP as well as the EIA Guidelines. If the authorities themselves did not follow the laws, then they must be held responsible and accountable for their inactions too.

We therefore demand an explanation from the Chief Minister, the Mayor of MBPP and the Director-General of the DOE in this regard.

This is too serious a matter and cannot simply be regarded as a worksite tragedy with blame being passed on to the contractors involved in the project. The authorities themselves must accept some blame and responsibility for their inactions.

Therefore, we would like the findings of the investigations done by the State to be made public, to understand if the relevant authorities are going to be held accountable for their inactions.

S.M.Mohamed Idris

President, SAM and CAP

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Sahabat Alam Malaysia adalah satu badan bukan kerajaan (NGO) yang telah sekian lama berjuang mempertahan kelestarian alam. Ia juga mendidik masyarakat tentang pentingnya kebersamaan dalam pemikiran dan tindakan agar alam ini dapat kita wariskan kepada generasi hadapan dalam keadaan yang elok dan terpelihara. Dalam pada itu juga SAM giat membantu golongan nelayan pantai dalam memperjuangkan hak-hak mereka sehinggalah tertubuhnya Persatuan Pendidikan dan Kebajikan Nelayan Pantai Malaysia (JARING). Nelayan pantai sepenuh masa ini dididik oleh SAM sehingga mereka mampu memainkan peranan sebagai pemimpin nelayan yang meneruskan kesinambungan memperjuangkan hak-hak nelayan pantai lainnya. Sebagai contoh SAM telah berjaya menyedarkan masyarakat nelayan keperluan menjaga hutan paya bakau untuk kebaikan hasil tangkapan nelayan itu sendiri.
Jamaluddin Mohamad Bualik
Jamaluddin Mohamad BualikPersatuan Pendidikan dan Kebajikan Jaringan Nelayan Pantai Malaysia (JARING)
During the 1980s, I used to read about the Consumers’ Association of Penang (CAP) in the news. After retirement, some time in 2001, while lazing around, I read news about the construction of a carbon in leach plant using sodium cyanide to extract gold in Bukit Koman. My friends and I visited CAP and we were introduced to SAM and her legal team. We discussed the details of filing a case against the gold mining company and the department of environment with Ms Meenakshi Raman and her legal team. That was the beginning of a beautiful friendship between lawyers from SAM and many of us from Bukit Koman. We had many ups and downs in our struggle to shut down the gold mine that was causing a nuisance in our village. But, as a community we never gave up because SAM had our backs.
Hue Fui How
Hue Fui HowSecretary, Bukit Koman Ban Cyanide in Goldmining Action Committee (BCAC)
Sahabat Alam Malaysia adalah sebuah NGO yang memperjuangkan nasib masyarakat luar bandar khasnya. SAM menerima aduan-aduan masyarakat dan menyelesaikan masalah yang dihadapi. SAM telah mewujudkan ramai aktivis-aktivis sosial dan alam sekitar. Pada era 1980 dan 90an SAM sangat dihormati oleh masyarakat dan agensi kerajaan. Apabila media sosial menguasai maklumat maka SAM pun terkesan dan masalah masyarakat terus disalurkan dengan pelbagai cara. SAM perlu mewujudkan aktivis-aktivis pelapis yang muda untuk terus membantu masyarakat. SAM juga perlu membuat perubahan supaya banyak turun kelapangan dan jangan mengharapkan laporan media sahaja. Tingkatkan prestasi sebagaimana pada zaman kegemilangan SAM di era 80-90an.
Che Ani Mt Zain
Che Ani Mt Zain
SAM taught me the importance of social activism and the role it plays in upholding the rights of people and the protection of the environment. In my experience, SAM has never hesitated to speak up in defence of people and their environment, and has gone the extra mile to champion their rights, by helping communities take their battles to the higher ups and even to the courts.
Jessica Binwani
Jessica BinwaniPublic/Private Interest Lawyer
Semenjak kami kenal SAM, banyak pengalaman dan pengetahuan yg kami dapat. Kami telah belajar cara membuat baja asli daripada SAM. Semenjak itu, bermulalah minat kami dalam aktiviti pertanian. Dengan memperolehi kemahiran dalam membuat baja asli dan penanaman lestari, kami juga telah dapat menambahkan pendapatan sampingan kami. Ini lebih baik daripada tanah kami terbiar dan tidak diusahakan. Terima kasih SAM kerana sudi memberi bantuan dan tunjuk ajar kepada Persatuan kami.
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My journey with SAM started when her community organisers took me to the meet the paddy farmers of Kedah, connecting my growing interest in environmental law with our people who struggle to work the land in the face of pollution, replacement of traditional seeds with commercial hybrids and their accompanying chemical package of fertilisers and weedicides. I then had the honour to work with SAM in the struggle for the rights of the native communities of Sarawak, in defence of their forests from massive logging and destructive mega-projects. In every issue that SAM takes up, she combines rigorous research with the realities and voices of the communities to advocate for policies and laws that care for people and nature. From the courts to the elected legislators to policy makers and implementers and to the United Nations, SAM walks side by side with the communities in Malaysia. How can I not be inspired by the vision and passion of the generations of women and men who coalesce to form SAM?
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Sahabat Alam Malaysia (Headquarters)
No. 1, Jalan Joki, 11400 Penang,
Malaysia
Tel: +604 827 6930
Fax: +604 827 6932

Sahabat Alam Malaysia (Marudi Office)
129A, First Floor,
Jalan Tuanku Taha,
P.O.Box 216,
98058 Marudi, Baram, Sarawak,
Malaysia
Tel & Fax: +6085 758 973

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