Berita

How to prevent a recurrence

MANY concerns have been raised, mainly enforcement, the law and penalties on the offender. Due to its hazardous nature, the disposal of toxic waste is strictly regulated by the Environmental Quality (ScheduledWastes) Reg- ulations 2005 based on the con- cept of “cradle-to -grave”, that is from the manufacturer to the fi- nal disposal.

Despite having this lawwhich regulates 77 types of hazardous wastes, illegal dumpingisstill widespread. Most of the time, dumpingisdone to evade disposal fees and waste levy.

 The authorities must now bear high costs in terms of ecosystem restoration and related economic expenditure whilethe victims must endure health problems and icalexpenses. Under environmental law, penalties in the form of fineor imprisonment can be imposed not onlyon the person who disposed the waste, but also ontheemployer orcompany director who consentedto the act.

The law alsoempowers the authority to seize and forfeit vehicles used to transport and dispose waste,and to recover the cost incurredto eliminate such wa ste. Residents and victims can apply for civil claims for compensation against the polluter.

Despite the existence ofsuch a law, this disasteris an indicationthat the law has not been successful in protecting the environment and public health. Illegal dumping of toxic waste should be regarded a serious crime and azero-toleranceap- proach must be taken. All those involved, from the manufacturers, those who transport the waste and dispose the waste,are to be held accountable.

 Weaknesses in the operating procedures must also be rectified and enforcement must be intensified. It is crucial that the pub- lic’s health and welfare aregiven priority.

ASSOCIATE PROF DR MAIZATUN MUSTAFA

Lecturer in Environmental Law,

Ahmad Ibrahim Kulliyyah of Laws,

International Islamic University Malaysia