Roundtable for ASEAN Chief Justices and Senior Judiciary on Environmental Law and Enforcement

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Roundtable for ASEAN Chief Justices and Senior Judiciary on Environmental Law and Enforcement

7 – 9 December 2012, Malacca, Malaysia

The Malaysian Experience Towards the Establishment of the Environmental Court

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Najib Tun RazakThe Right Honorable the Prime Minister of Malaysia

First preparatory meeting of the World Congress on Justice, Governance and Law for Environmental Sustainability, 12 – 13 October 2011, Kuala Lumpur

“A sustainable future needs to be founded on a strong judiciary system. The full participation of all stakeholders within the framework of justice, governance and rule of law is needed for any strategy for sustainability to be successful”

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Example of Environmental Legislations

Environmental Public Health Wildlife, Flora & Fauna

-National Parks Act 1980-National Forestry Act 1984-Land Conservation Act 1960-Local Government Act 1969-Biosafety Act 2007-Environmental Quality Act 1974-Exclusive Economic Zone Act 1984-Sabah Biodiversity Enactment 2000-Sarawak Biodiversity Ordinance 1997-Sabah Environmental Protection Enactment 2002-Natural Resources & Environment Ordinance-Sarawak River Ordinance 1993-Water Ordinance 1994-Forest Ordinance 1958-National Parks & Nature Resources Ordinance 1998

-Drainage Works Act 1954-Sewerage Services Act 1993-Irrigation Areas Act 1953-Water Act 1920-Plant Quarantine Act 1976-Pesticides Act 1974-Solid Waste & Public Cleansing Management Act 2007-Street, Drainage & Building Act 1974 -Local Authority Ordinance 1996-Veterinary Public Health Ordinance 1999

-International Trade in Endangered Species Act 2008-Fisheries Act 1985-Wildlife Conservation Act 2010-Animal Act 1953-Pearl Oyster Shell Fisheries Ordinance (Sabah)-Sabah Forest Enactment 1968-Sabah Animal Ordinance 1962-Sabah Wildlife Conservation Enactment 1997-

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Seri Manjung

Teluk Intan

Ipoh

Kuala Kangsar

Grik

Source of map: mymalaysiabooks

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Access: Illustration

Types of District

District which has more than 1 Sessions Court

District which has 1 Sessions Court and a few Magistrate’s Courts

District which has no Sessions Court but has more than 1 Magistrate’s Court

District which has no Sessions’ Court but has only 1 Magistrate’s Court

Example Ipoh Kuala Kangsar Seri Manjung Grik

Structure 1 Sessions Court to be designated as Environmental Court

The only Sessions Court to be designated as Environmental Court

1 Magistrate’s Court to be designated as Environmental Court

The only Magistrate’s Court to be designated as Environmental Court

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Magistrates’ Court

High Court

Scenario 2

Session’s Court

High Court

Court of Appeal

Appellate Structure

Scenario 1

High Court

Court of Appeal

Federal Court

Scenario 3

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Subsequent to the ASEAN Chief Justices’ Roundtable on Environment, held on 6–7 December 2011 at Jakarta, Indonesia, the Chief Registrar’s Practice Direction No. 3 of 2012 on setting up of Environmental Court was issued on direction of the Right Honorable the Chief Justice of Malaysia. The Practice Direction came into effect on 10.9.2012.

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Past Performance: Session’s Courts

State Types of Cases (2011)

Air-related Forest Water / Land WildlifeNew Disposed Balance New Disposed Balance New Disposed Balance New Disposed Balance

Total 7 7 0 72 57 15 11192 7052 4140 385 381 4

State Types of Cases (2010)

Air-related Forest Water / Land WildlifeNew Disposed Balance New Disposed Balance New Disposed Balance New Disposed Balance

Total 581 574 7 8 6 2 202 200 2 1 1 0

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Past Performance: Magistrates’ Courts

State Types of Cases (2011)

Air-related Forest Water / Land WildlifeNew Disposed Balance New Disposed Balance New Disposed Balance New Disposed Balance

Total 0 0 0 20 15 5 4989 2342 2647 92 91 1

State Types of Cases (2010)

Air-related Forest Water / Land WildlifeNew Disposed Balance New Disposed Balance New Disposed Balance New Disposed Balance

Total 7 7 0 72 57 15 11192 7052 4140 385 381 4

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Implementation of Environmental Court:Targets & Improved Oversight

FIXED TIME FRAME: Environmental cases to be disposed within 3 to 6 months.

STANDARD REPORT: New statistical format for tracking of environmental cases.

NEW CATEGORY: Categorization of environmental cases into specific and general offences.

APPELLATE OVERSIGHT: To ensure consistency of decision and adequacy of sentencing in all cases .

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Thank you