GEORGE TOWN: Sahabat Alam Malaysia (SAM) and the Consumers’ Association of Penang (CAP) have urged the Penang government to make public its findings into the Jalan Bukit Kukus landslide tragedy.
Representatives from the non-government organisations also urged the government to disclose the conditions for the developer to continue with the road construction works there.
This came in the wake of works being allowed to proceed on the project, following the lifting of stop-work orders issued by the Department of Occupational Safety and Health and the Penang Island City Council (MBPP), as reported yesterday.
SAM and CAP president S.M. Mohamed Idris said given that the state had carried out internal investigations on the tragedy which occurred on Oct 17, last year, which saw the loss of nine lives, it was 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 inaction 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,” he said today.
It was reported that the stop-work order issued against the Bukit Kukus paired road project soon after a landslide had been lifted by the DOSH.
The order, slapped against the project contractor, Syarikat Yuta Sdn Bhd, was lifted on Monday.
MBPP’s communications department in a statement yesterday had said that the council also lifted its stop-work order on the same day.
In response to claims by the authorities that no Environmental Impact Assessment (EIA) report was needed for the project, Idris said both SAM and CAP had 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 76m and slopes exceeding 25 degrees,” he added.
He noted that from what they understood on the law on the matter, the approval for the road construction was given sometime in 2013-2014.
He added that the relevant law that applied then was the Environmental Impact Assessment (Prescribed Activities Order) 1987.
However, effective from June 20, 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 included ‘Project involving land clearing where 50 per cent 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 (also) be made public.”
A second point that must be addressed, said Idris, was related to non-compliance with the current Penang Structure Plan (PSP).
He said the PSP contained a general prohibition against any form of development on lands with a slope of more than 25 degrees or lands situated at more than 75m (250 feet) above sea level (hill lands), and that the PSP only allowed for limited development on hill lands if a project is categorised as a ‘special project’.