Malaysia’s War Against Environmental Pollution: Is the Environmental Quality Act, 1974 Sufficient?

By Wan Izatul Asma Wan Talaat and Shaik Mohd Noor Alam S.M. Hussain.

Published by The Sustainability Collection

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Article: Print $US10.00
Article: Electronic $US5.00

Environmental pollution is a global concern. From global warming to green house effect and to submergence of coastal areas, pollution of mother earth ensuing from centuries-old human activities is evident from these alarming phenomena. Nations across the world are now fighting a “new” war; combating environmental pollution. In Malaysia, the Environmental Quality Act, 1974 (EQA) was passed with the main object of preventing, abating and controlling pollution as well as enhancing the environment. However, despite the existence of EQA, the question remains whether the provisions contained therein are sufficient to combat environmental pollution in Malaysia. This paper aims, specifically, to look into the provisions of the EQA in order to determine the presence of any loophole. Through the examinations on the loopholes, the insufficiency of the existing provisions of the EQA in combating environmental pollution in Malaysia will be discussed and ensuing from that, proposals for reforms to the Act, or any other relevant laws, may consequently be put forth.

Keywords: Environmental Quality Act, 1974 – Pollution, Powers and Duties of Director General, Locus Standi, Constitutional Constraints

The International Journal of Environmental, Cultural, Economic and Social Sustainability, Volume 5, Issue 3, pp.245-254. Article: Print (Spiral Bound). Article: Electronic (PDF File; 1.179MB).

Dr. Wan Izatul Asma Wan Talaat

Associate Professor of Law, Corporate Communication and External Affairs Division, Universiti Malaysia Terengganu, Kuala Terengganu, Terengganu, Malaysia

Dr. Wan Izatul Asma binti Wan Talaat is an Associate Professor of Law at Universiti Malaysia Terengganu. She is currently seconded to the Office of the Vice Chancellor to head the Corporate Communication and External Affairs Division with the main task to enhance the university’s public and international relations. Her research interest is primarily in Commercial Law particularly on Law of Contract and Consumer Contract, Marine Insurance and Women’s Legal Right. Her works have been published in a number of national professional and refereed journals such as the Malayan Law Journal, Current Law Journal and INSAF (Journal of the Malaysian BAR). Internationally, she also publishes her paper in the Journal of Maritime Law and Commerce among others. Associate Professor Dr. Wan Izatul Asma has also written a fair share of papers, which she presented at both international and national conferences. In addition to that, she has also contributed as co-author in a number of papers published locally and internationally.

Dr. Shaik Mohd Noor Alam S.M. Hussain

Professor of Law, Faculty of Economics and Management, Universiti Putra Malaysia, Serdang, Selangor, Malaysia


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