ON July 4, Johor Health, Culture and Heritage Affairs Committee chairman Mohd Khuzzan Abu Bakar told the media that most chemical factories in Pasir Gudang had blatantly committed offences under the Environmental Quality Act 1974 (Act 127).
An inspection by the authorities of 90 factories in the area revealed that 81 had, in the past, committed at least one offence. There are at least 252 chemical factories in Pasir Gudang.
The authorities are mystified that students in the area suffered from vomiting and dizziness when tests did not show the presence of toxic chemicals in the air. A total of 310 students and three teachers from 31 schools had breathing difficulties, and vomited. Some 127 students were sent to nearby clinics and three were warded in hospital.
A week later on July 11, action was taken against three factories believed to be operating illegally in Pasir Gudang. The factories were raided following complaints by residents who suffered from breathing difficulties and vomiting. Subsequently, the factories were ordered to cease operations.
I spoke to a Johor Baru resident recently and he confirmed that many JB residents had long suspected that some factories had been operating illegally. Pasir Gudang is not a remote place cut off from the rest of the state. It is baffling that the factories were allowed to operate without a permit. If not for the toxic gas incident, their operations would have gone on unnoticed.
A Facebook posting by DOE on July 11 stated that the focus of DOE’s and the local authority’s operation was on “illegal factories”.
It is of little comfort to the residents of Pasing Gudang that on July 1, Energy, Science, Technology, Environment and Climate Change Minister Yeo Bee Yin said the government would not approve applications for new chemical plants in Pasir Gudang.
There are now some 2,005 factories in Pasir Gudang, with more than 10 per cent of them (250) chemical plants.
The JB residents said the minister’s announcement seemed like a delayed reaction — much like closing the stable door after the horses have bolted. I could not agree more. Perhaps, if this had been issued earlier, the impact would have been greater.
It is indeed strange that two pollution incidents happened in the same place within a short space of three months. DOE may want to consider a recommendation to relocate the factories in the Pasir Gudang area, especially those with operations that are hazardous to the environment.
Sultan Johor Sultan Ibrahim Sultan Iskandar, on June 8, had expressed royal displeasure at the sorry state of affairs in Pasir Gudang, calling it “despicable and a total disgrace”. He had also said it showed “complete flaws and weaknesses, if not incompetence” in the state and federal disaster management systems.
Now would be a good time for a new environmental protection act to replace Act 127. The government may want to start drafting the bill.
In 1987, the Brundtland Commission had defined “sustainable development” as “development that meets the needs of the present generation without sacrificing the needs of the future generation”. Sustainable development is conceptualised in three circles — depicting economic development, environmental integrity and social well-being. When these three circles intersect, the common ground at the centre is sustainable development.
In short, if any development is going to destroy the environment and would have an adverse effect on the people’s well-being, then that is not the sort of development Malaysia needs. And this appears to be what is happening in Pasir Gudang.
Not only do we not have an environmental protection act, we also do not have a sustainable development act. What an unfortunate state of affairs for Malaysia’s environmental preservation.
The writer formerly served the Attorney-General’s Chambers before he left for private practice, the corporate sector and academia