Environmental Law In Malaysia

GMUL 5063

CONTENTSTheory Environmental ethics Evolution of Environmental pollution Legal Framework before 1974

Environmental Quality Act 1974 Regulations under EQA Regulatory Framework Penalty Department of Environment

Environmental Impact Assessment Requirement, scope, process Penalty Post EIA Compliance and Monitoring Targets

Application Issues Case Laws

Theory Environmental Quality Act Environmental Impact Assessment Application

RELATIONSHIPE rt

N ture

Hum n

Leopolds Land Et ics if man wants to survive and to preserve ot er species e as to c ange is own be aviour, get rid of t e pretension to be t e king of nature and cultivate new abits t at elp to care for t e natural environment

THEORY

People Activities BehaviorEcological Ethics

Nature Impact Responds

Human interaction with nature and earth and the impact of his activities Moral need to consider regulations with respect to nature Ones right to live is the same as the other members of the Earth: soil, water, plants and animals Stresses the priority of human values: nature as unique and integral on a planetary scale and the preservation of nature is a common task and care for all humankind

THEORIES OF ENVIRONMENTAL ETHICSLeopold It is not sufficient to consider only the interests of humankind and take no care of ecological equilibrium; rather a new and more balanced ethics must be built. Any behavior favorable to keeping the integrity and stability of flora and fauna is right and good, otherwise it is wrong and evil.

Kenneth E. Goodpaster From Egoism to Environmentalism

Environmental problem is a huge crisis for the 21st century. Emphasized that humankind must change its attitude from egoism and chauvinism towards nature and survive The natural world as an interdependent system in which humans are members of the earths life community. As every living entity as unique and cannot be replaced, therefore we must respect nature, respect life.

Prof. Paul Taylor of Princeton University

Schweizer

There should exist a moral standard between man and nature, without this elementary ethical principle no adequate ethics can be formed. all life is the great creation of nature and should be respected with great care The relation between man and nature should be a close and mutually appreciative as with an organism.

Ancient Chinese philosophy

"Dao (Buddha) is present everywhere. Everywhere on earth, be it large or small, whether alike or lifeless, has a reason for existence. Therefore we should respect to life and nature and everything on earth should be treated equally

THEORIES - TAKEAWAYSHuman, Earth and Nature make up an organic system of interdependence, or one world or commonwealth. Mankind is a member of the earths life of community, e pressed as a global village. According to an old Chinese saying, the members of a community should cross a river in the same boat, meaning that people in the same community should help each other.

Man and nature should constitute a partnership in which each depends on the other, helps each other, not a relation of conqueror and conquered or master and slave

Natural things do not e ist for man, but have their own internal objective. Humans must not substitute their own objectives for those of nature, but must respect nature, respect life.

It is necessary to overcome the idea of human egoism and to advocate that everything on earth is equal and in harmony.

EVOLUTION OF ENVIRONMENTAL POLLUTION

1980s lo al I pact197 s Local i pact s Ec r c str cti ic

1990s Hei tened A areness

Regulated practices towards sustainable development

EVOLUTION OF ENVIRONMENTAL POLLUTIONEnvironmental ollutionRa id industrialisation in 1950s to 1970s

Ecological Crisis

Globalised Im act

EVOLUTION OF ENVIRONMENTAL POLLUTION

International symposium (on the environment) 1968 Italian Academy

First international symposium on the ecological crisis Discussed the present environmental situation Attended by 30 specialists from 10 countries of Asia and the West Formed the Club of Rome joined by 100 scholars from over 40 countries to assess the environmental pollution impact onto the world

GLOBAL REQUIREMENT

Declaration of the United Nations Conference on Human Environment, Stockholm 1972 Recognised the need to adopt measures for the protection of environment Environment includes the totality of nature and natural resources, including the cultural heritage and the man-made infrastructure to facilitate the development of socio-economic activities

Theory Environmental Quality Act Environmental Impact Assessment Application

LEGAL FRAMEWORK Before 1974Water Enactment 1920 (Act 418) To control and prohibit disruption of rivers, so as not to interfere with the smooth flow of water Restriction of discharges of specific substances into the river which might be detrimental to the beneficial use of the river waters throughout Peninsular Malaysia

Forest Enactment Act 1934 Cap 153

Establishment of forest reserves and control in logging activities Control in logging activities

Land and Conservation Act 1960

Aimed at conserving hill land and the protection of soil from erosion and inroads of silt Prohibits planting of short-term crops on any hill land

LEGAL FRAMEWORK Before 1974 (cont)Mining Act Controls discharges from mining activities

Poisons Ordinance 1952

Regulates use of To ic substances

Merchant Shipping Ordinance

Governs marine pollution by vessels

LEGAL FRAMEWORK Before 1974 (cont)

Issues Unable to curb soaring environmental problems due to rapid advancement of modern industries and technologies E isting legislations was not to address environmental concerns but mainly on other specific activities Largely sectoral in focusing specific areas and activities

ENVIRONMENTAL QUALITY ACT 1974

Gezetted on 14 March 1974 An Act relating to the prevention, abatement, control of pollution and enhancement of the environment, and for the purposes connected therewith

ENVIRONMENTAL QUALITY ACT 1974Environmental Quality (Amendment) Act 1985 Act A636 10 Jan 1986

Environmental Quality (Amendment) Act 1996 Act A953 01 August 1996

Environmental Quality (Amendment) Act 1998 Act 1030 21 August 2001

Environmental Quality (Amendment) Act 2001

Act A1102

28 June 2001, 19 July 2001

Environmental Quality (Amendment) Act 2007 Act A1315 30 August 2007

POLICY FRAMEWORKBasel Convention (Movement of Hazardous Waste & Disposal)

Vision 2020

National Development Plan Environmental policies

Convention of Climate Change and Biodiversity

The various national policies and international development impacts environmental management policies and regulations 2002 National Policy on Environment to provide policy framework towards coordinated environmental management efforts

ENVIRONMENTAL QUALITY ACT 1974 Part 1: Preliminary Part II : Administration Part III : Licenses Part IV : Prohibition and Control of Pollution Part IV A : Control of Scheduled Wastes Part V : Appeal and Appeal Board Part V A : Payment of Cess and Environmental Fund Part VI : Miscellaneous

EQA 1974 (Act 127)

Governed by 35 regulations to regulate specific activities and impact onto the environment

ELEMENTS COVERED UNDER EQA 1974

Water

Noise

Air EQA1974

Industrial wastes

EXAMPLES OF REGULATIONS UNDER EQA 1974Environmental Quality (Licensing) Regulations 1977

Environmental Quality (Control of Emissions from Petrol Engines) Regulations 1996

Environmental Quality (Delegation of Powers) (Investigation of Open Burning) Order 2000

Environmental Quality (Declared Activities) (Open Burning) Order 2003

Environmental Quality (Appeal Board) Regulations 2003

REGULATIONS UNDER EQA1974 (related to EIA)Environmental Quality (Clean Air ) Regulations 1978 Environmental Quality (Sewage and Industrial Effluents) Regulations 1979 Environmental Quality (Prescribed Activities) (Environmental Impact Assessment) Order 1987 Environmental Quality (Scheduled Wastes) Regulations 1989 Environmental Quality (Prescribed Premises) (Scheduled Wastes Treatment and Disposal Facilities) Order 1989

Environmental Quality (Prescribed Premises) (Scheduled Wastes Treatment and Disposal Facilities) Regulations 1989

REGULATORY FRAMEWORK Director General of DOE Grant, renew, transfer, revoke licenses Issuance of licenses with conditions Director General of DOE Regulate prescribed premises Ministry with advise from Environment Council

Assessment of activities Director General of DOE

PENALTY

Failure to hold a license for prescribed premises Failure to comply with conditions of license Contravention of monitoring conditions Alterations of licensed equipment Alterations of vehicles, ship or premise to become prescribed conveyances or premises

LICENSING REQUIREMENT

S.16(2) of EQA 1974 Any holder of a license who contravenes subsection (1) shall be guilty of an offence and shall be liable to a fine not e ceeding twenty-five thousand ringgit or to imprisonment for a period of not e ceeding two years or to both, and to a further fine of one thousand ringgit for every day that the offence is continued after a notice by the Director General requiring him to comply with such term or condition specified therein has been served upon him

COMPOUNDING OF OFFENCESS.45 of EQA 1974 (1)The Director General or any Deputy Director General, or any other public officer or any local authority to whom the Director General has delegated such power in writing, may compound any offence under this Act or the regulations made thereunder which is prescribed by the Minister to be a compoundable offence by accepting from the person reasonably suspected of having committed the offence a sum of money not e ceeding two thousand ringgit (2) The Minister may make rules to prescribe the method and procedure for compounding such offences

ENFORCEMENT CONCEPT

Prevention is better than cure Cradle to grave

Application of LicenseBased on requirement Shall not likely cause adverse impact to the environment

Monitoring compliance Audits, checks

CompoundBased on e tent of non-conformance or damage Includes making good of the situation

Assessment

Enforcement

APPEALS.35 of EQA 1974 (1)Any person who is aggrieved by: a. efusal to grant a license or transfer license b. The imposition of any condition, limitation or restriction on his license c. The revocation, suspension or variation of his license d. The amount which he would be required to pay under section 47 e. Any decision of the Director General under subsection )3) or (4) of section 34 A, and f. Any decision of the Director General or any officer under subsection ( ) or (5) of section 48A may within such time and in such manner as may be prescribed, appeal to the Appeal oard

APPEAL BOARD Environmental Quality (Appeal Board) Regulations 2003Regulation

Chairman Deputy Chairman Members Member To hear appellant in person or his representatives Consider any additional evidence or documents To award cost or make order in respect to the appeal

Power

Duration

Notice to appeal - Within 30 days of date of decision communicated to appellant Grounds of appeal within 30 days after submission of notice

OTHER FEATURES OF EQA 1974Director General of the DOE Environmental Quality Council Environmental Quality Audit Cess and Environmental Fund

APPOINTMENT OF DIRECTOR GENERALS3(1) EQA 1974

There shall be a Director General of Environmental Quality who shall be appointed by the Minister from amongst members of the public service and whose powers, duties and functions shall be - .

This led to the formation of the Department of Environment as the enforcement agency of EQA 1974

DEPARTMENT OF ENVIRONMENT

DOE as Enforcement Agency Institutionalised in 1975 Main role is to prevent, control and abate pollution through the enforcement of the EQA,1974 and its 34 subsidiary legislations made thereunder The principal agency entrusted to administer the EQA 1974 and its subsidiary legislations

DEPARTMENT OF ENVIRONMENTAppointment Established in 1975, EQA 1974 15 state offices, 26 branch offices Ministry of Science, Technology and Environment (now know as Green Technology and Water)

Scope

Mission - To ensure sustainable development in the process of nation building Air, Noise, Water, Marine, Hazardous substances Cradle to grave concept source generator has to ensure the source does not have adverse impact onto the environment throughout its life

Roles and Responsibilities

Prevention, control and abatement of pollution through the enforcement of the Environmental Quality Act of 1974 and its subsidiary legislations

DEPARTMENT OF ENVIRONMENT Established on 12 April 1977 under Section 4(1)of the Environmental Quality Act, 1974 Advise the Ministry on matters pertaining to the Act Provides policy guidance to the DOE the formulation of policies and strategies towards a more holistic approach to environmental management

Environmental Quality Council

Environment Institute of Malaysia (EiMAS)

Assist in raising the level of public awareness on the importance of environmental conservation efforts Trainings for Policies, Tools and development Provides certification for competent Environment practitioner Provides training for certification

Theory Environment Quality Act Environmental Impact Assessment Application

LEGAL REQUIREMENT OF EIAS.34A(2) of EQA (Amendment) Act 1985 Gazettement of Environmental Quality (Prescribed Activities, EIA) Order 1987 Any person intending to carry out any of the prescribed activity shall, before any approval for the carrying out of such activity is granted by the relevant approving authority, submit a report to the Director General. The report shall contain an assessment of the impact of such activity will have or is likely to have on the environment and the proposed measures that shall be undertaken to prevent, reduce or control the adverse impact on the environment

EIA COVERAGEEnvironmental Quality Act Prescribed Activities (Environmental Impact Assessment) Order, 1987 Prescribed Activities 19 as listed in the Schedule E ceptions First Schedule of the Conservation of Environment (Prescribed Activities) Order 1999 published under the Second Supplementary of the Sabah Government Gazette on the 30 August 1999 First Schedule of the Natural Resources and Environment (Prescribed Activities) Order 1994 published under Part II of the Sarawak Government Gazette on the 18 August 1999 Preliminary or Detailed EIA E tent of Project significance of impact

PRESCRIBED ACTIVITIESIndustry Infrastructure Quarries Railways Transportation Petroleum Water Supply Ports Waste Treatment & Disposal Resort & Recreational Development Agriculture Airport Fisheries

Prescribed Activities

Forestry Land reclamation Housing Mining

Drainage & IrrigationPower Generation & Transmission

PENALTY

S.34A(8) of EQA Act 1974 Any person who contravenes this section shall be guilty of an offence and shall be liable to a fine not exceeding five years or both and to a further fine one thousand ringgit for every day that the offence is continued after a notice by the Director General requiring him to comply with the act specified therein has been served upon him

CONTENTS OF EIAProject information background, initiator, statement of need Project description process flow description, design basis, sources of effluent, air and noise emissions, treatment

Condition of e isting environment physical and biological systems

Potential Impacts and Mitigating Measures during Construction, Commissioning, Operations Environmental Management System Simulation model on potential impact of activities to the e isting environment

SCOPE OF EIASocio Economic Environment

Community

EIA Assessment

EIA PROCESS

Project proposal Nature of project

Assessment Short and long term impacts Socio economics

Review Presentation Deliberation

Approval Approval Conditions Monitoring

Application

Submission

POST EIA COMPLIANCEMonthly progress reports Analysis results of Effluent (Water), Air, Noise parameters Compliance to EIA Approval Conditions and Guidelines by the DOE Remedial actions for non-compliances Checks / Visits by DOE Officers Scheduled and unscheduled

Liason officer Appointed company representative for liason with the DOE Ensure all requirement under EIA approval conditions and EQA 1974 are strictly adhered to

EIA CYCLE

Assessment

Sustaining

Identification of impact

Monitoring

Corrective and mitigating actions

Theory Environmental Quality Act Environmental Impact Assessment Application

APPLICATION ISSUES (1)

Issues Absence of any provision for coordination between organisation and individuals for enforcement Fragmented and disjointed nature of legal framework state often address issues on an ad-hoc nature rather than on long-term approach Colonial influence of ma imising e ploitation of natural resources. Inhibits concerted environmental policy developments at the federal and state level

APPLICATION ISSUES (2)Issues Overlapping functions between Environmental and Planning agencies The DOE is responsible for industrial pollution control, however other natural resources are under the jurisdiction of other ministries or regulating bodies with separate sets of regulations. Each ministry promotes development within their own ministry without proper coordination with environmental management DOE recommendation to permit or refuse a development can be ignored by the State Planning Committee State Planning Committee may disregard the recommendation for purposes of Economic development

CASE LAW EIA : FEDERAL VS STATE LAWKajing Tubek & Ors vs Ekran Bhd & Ors (1996) 2 M.L.J. 388 Tahu Lujah, 70, Saran Emu, 48, and Kajing Tubek, 39, had wanted EIA reports to be made available to them for their views Dispute whether the Bakun Hydroelectric Dam (Bakun Dam) is to be considered under the EQA 1974 which is a Federal environmental legislation or to be governed by the Sarawak State Law, Natural Resources Ordinance 1974 The Minister of Science, Technology and Environment (MOSTE) e cluded the application of the Federal EIA requirements in relation to the construction of dams in the State of Sarawak (1995 Amendment Order)

CASE LAW EIA : FEDERAL VS STATE LAWKajing Tubek & Ors vs Ekran Bhd & Ors (1996) 2 M.L.J. 388 Decision : The EQA was enacted to be applicable to the entire nation. Subsidiary legislation was permitted to give full effect to the EQA. Under the guidelines prescribed by the project proponent it cannot be made without some form of public participation For this is a right vested with the plaintiffs The High Court's judgment invalidated the Environmental Quality (Prescribed Activities) (Environmental Impact Assessment) Amendment Order of 1995 and ordered the project developer to comply with the Environmental Quality Act of 1974 before proceeding with the construction of the dam. The 1995 amendment order was deemed invalid because of its retroactive application which removed rights that had already accrued to the plaintiffs under the Environmental Quality Act of 1974, namely the right to public participation in the environmental impact assessment process of the dam.

CASE LAW EIA : FEDERAL VS STATE LAWKajing Tubek & Ors vs Ekran Bhd & Ors (1996) 2 M.L.J. 388 Note: The Bakun EIA was approved amidst much controversy in 1995 when it was discovered that the Federal Environmental Quality Act 1974 (EQA) was retrospectively amended to allow the authority of the EIA approval for certain projects in Sarawak to be transferred to the Natural Resources and Environment Board (NREB) which is subject to the Sarawak Natural Resources and Environment Ordinance 1994 (SNREO).

CASE LAW EIA : LOCUS STANDIKetua Pengarah Jabatan Alam Sekitar v Kajing Tubek [1997] 3 MLJ 23 Appeal to challenge High Courts decision Decision : 17 February 1997 the Court of Appeal, ruled to allow their appeal 1. The Sarawak Ordinance co-e ists with the EQA, each operating within its own sphere based on the constitutional authority of the State of Sarawak to regulate by legislation those components of the environment that fall within its domain. The Judge concluded that [in] my judgment, Parliament, when it passed the EQA, did not intend, and could not have intended, to regulate so much of the environment as falls within the legislative jurisdiction of Sarawak. (Court of Appeal Judgment). He agreed with the submission of the Senior Counsel that the Amendment Order was made not for the purpose of cutting the ground from under the feet of the respondents as suggested by their Counsel, but for the purpose of making it abundantly clear to all concerned that the 1987 order was not, for constitutional reasons, meant to apply to Sarawak.

CASE LAW EIA : LOCUS STANDIKetua Pengarah Jabatan Alam Sekitar v Kajing Tubek [1997] 3 MLJ 23

2. In particular he (the Judge of High Court) did not have sufficient regard for public interest. Additionally he did not consider the interests of justice from the point of view of both the appellants and respondents The Court of Appeal, in a stunning reversal of the High Court, held that the Defendants had no locus standi because they had suffered no special injury over and above the injury common to others. Note : Locus standi place of standing that is a place to stand in court or a right to appear in a court of justice on a given question

CASE LAW EIA : CONTRAVENTION LICENSELam Eng Rubber Factory (M) Sdn Bhd vs Director of Environment, Kedah & Perlis [2005] 2 All Malaysian Report (AMR) 471

The appellant operates a rubber factory in Sungai Petani, Kedah. The factory has been in operation since 1940. Each year the appellant applied for and obtained a license from the local authority. In 1974, the Environmental Quality Act ("the EQA") came into force. Appellant had to obtain a license from the Department of the Environment, Kedah, which the appellant did so. However, appellants application for 1994 license was not approved. Appellant appealed to the Appeal Board S (35) but was not heard. The DOE refused to issue the license Appellant went to the High Court to quash the decision of the DOEs refusal to issue the license 25 February1995 appellant lost since the appellant had no license for the year 1994, but yet they had carried on their factory illegally and had no legitimate e pectation to have a license for 1995.

CASE LAW EIA : CONTRAVENTION LICENSELam Eng Rubber actory (M) Sdn Bhd vs Director of Environment, Kedah [ 005] 2 AMR 1 Perlis

Brought the case to Appeal Board for: 1st respondent to consider to grant the license 2nd respondent to hear the case of appeal for the license Appellant Lam Eng Rubber First Respondent Director General of the DOE Second Respondent Appeal Board Decision Appeal granted

CASE LAW EIA : CONTRAVENTION LICENSELam Eng Rubber Factory (M) Sdn Bhd vs Director of Environment, Kedah & Perlis [2005] 2 AMR 471

Judgement The first respondent, as I have said, had no jurisdiction whatsoever to deal with the appellant's appeal. His act was ultra vires (in violation) the EQA. We therefore allowed the appeal with costs here and below and remitted the appeal to the Appeal Board appointed under s 36 of the EQA to hear and dispose of the appeal in accordance with law. The orders of the High Court were set aside. The deposit was ordered to be refunded to the appellant. In the event, other matters that had been submitted on in the appeal before us, which turned on the question whether it is correct that, as the learned judge held, the appellants had no legitimate e pectation to a renewal of license because the appellants had not been issued a license for the previous period of April 1, 1994 to March 1995 and therefore there was no license to renew and also because in that period they had been operating illegally since they had no license, and which included the question of who was at fault in the appellants' not being able to obtain a license for that period, .

CASE LAW : HAZARDOUS WASTE (1)Woon Tan Kan (Deceased) & 7 Ors. vs Asian Rare Earth Sdn Bhd [1992] 4 CLJ 2207 Storing of Hazardous material at Bukit Merah. Asian Rare Earth (ARE) was formed to extract (an element in earth) from monazit. The main shareholders are Mitsubishi Chemical Industries Ltd (35%), Beh Minerals (35%), Lembaga Urusan dan Tabung Haji (20%) and some local Bumiputera (10%). The company shall produce radioactive waste through the monazit processing. The waste shall belong to the Perak State as it is a potential source of nuclear energy source. Plant was in operations beginning 11 July 1982 to 1994 Perak State located the waste storage at the Papan, 1 km from Ipoh. Struggle of 10 years (from 1984 to 1994) 09 December 1984 Detected radiation level at more than 800 times permitted

CASE LAW : HAZARDOUS WASTE (2)Woon Tan Kan (Deceased) & 7 Ors. vs Asian Rare Earth Sdn Bhd [1992] 4 CLJ 2207 The Papan community protested and brought the case to Ipoh High Court 1 February 1985: 8 residents filed summons to stop ARE from producing, storing or pile radioactive waste within the vicinity of the area in line with the Atomic Energy Licensing Act 1984. Court proceedings in 32 months. Involved internal and e ternal atomic energy e perts 11 July 1992 : Community wins case against ARE. High Court directs ARE operations to stop in 14 days.

CASE LAW : HAZARDOUS WASTE (3)Woon Tan Kan (Deceased) & 7 Ors. vs Asian Rare Earth Sdn Bhd [1992] 4 CLJ 2207 Follow-ups 23 July 1992 : ARE raised Appeal at the Supreme Court. 24 July 1992 : Following e -parte application by ARE, Supreme Court Judge held Ipoh High Courts decision to stop AREs operations. 5 August 1992 : Supreme Court allowed AREs application to reject High Courts ruling on the appeal. The Supreme Court ruled that the closure will bring difficulty to the company and the 183 personnel. 19 January 1994 : ARE stopped operations

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The Place of Ecological Ethics in Culture Celovas Kalenda Earthdance : Living System in Evolution Elisabeth Sahtouris Environmental Problems and ecological Ethics Wang Miaoyang Environmental Quality Act 1974 Challenges in Implementing and Enforcing Environmental Protection Measures in Malaysia Ainul Jaria Maidin Protecting Indigenous Communities in Malaysia Sahabat Alam Malaysia Preliminary Assessment of Malaysias Environmental Law Alan KJ, Faculty of Law, National University of Singapore Environmental Impact Assessment Propane Dehydrogenation Project, MTBE Malaysia Sdn Bhd

CASE LAW : LOCUS STANDIAbdul Razak bin Ahmad vs Kerajaan Negeri Johor & Anor. (1994) MLJ 297 Locus standi place of standing that is a place to stand in court or a right to appear in a court of justice on a given question Plaintif (a resident of Johor) challenged to plan to build a floating city at Selat Tebrau. Plaintif requests that the court declare the project as invalid as it is against Town Planning Act 1976. Decision: High Court judged that although the project may go against the Act, there is locus standi to show that the non-compliance will has or will cause him grievance unless he can show evidence to the court that he will incur grievance because of the non-compliance. Being a ta payer does not give sufficient evidence that he has sufficient interest that needs to be protected by the law in the conte t of the project development. Court judged that if plaintiff want to bring this for further judicial review, the courts permission is required while the Local Planning municipality will be required to attend.

LOCUS STANDI - COMPARISON3 MLJ 640; Abdul Razak Ahmad v Ketua Pengarah Kementerian Sains, Teknologi dan Alam Sekitar [1994] 2 Current Law Journal (CLJ 363); Application to access the EIA report of the proposed floating city in Johor Bahru. Decision : the High Court of Johor Bahru ruled that as a citizen of Malaysia and a resident of Johor Bahru, the applicant was entitled to a copy of the EIA as respects the development of the proposed floating city in Johor Bahru. Supra, n 3. However, the applicant had succeeded in this case mainly because the Federal Counsel representing the Director General of Environment did not object that the EIA was a public document.]

LOCUS STANDI - COMPARISON

The New South Wales Environmental Planning and Assessment Act Provides for open standing and for class actions to enforce environmental law within the state. Under S123, any person may bring proceedings in the Court for an order to remedy or restrain a breach of this Act, whether or not any right of that person has been or may be infringed by or as a consequence of that breach. A person may bring proceedings on behalf of himself and others with their consent

LOCUS STANDI - COMPARISON

Australian Conservation Foundation Inc v Commonwealth [1980] 146 CLR 493. An environmental group attempting to stop a proposed building development with regard to the validity of purported compliance with certain environmental laws

LOCUS STANDI - COMPARISONMC Metha v Union of India [1987] 4 SCC 463; MC Mehta v Union of India [1987] 1 SCC 395; MC Metha v Union of India & Ors [1996] 4 SCC 351 Provides for open standing and for class actions to enforce environmental law within the state. Under S123, any person may bring proceedings in the Court for an order to remedy or restrain a breach of this Act, whether or not any right of that person has been or may be infringed by or as a consequence of that breach. A person may bring proceedings on behalf of himself and others with their consent.