PMG558 Parks & Conservation Law: Federal Constitution & Conservation Laws (PDF)

PMG558 PARKS & CONSERVATION LAW FEDERAL CONSTITUTION & CONSERVATION LAWS: AN INTRODUCTION Mohd Azham Yahya Studies for Parks & Amenity Management, School of Geomatic Sciences & Natural Resources, College of Built Environment (CBE), Universiti Teknologi MARA (UiTM) Sha...

PMG558 PARKS & CONSERVATION LAW FEDERAL CONSTITUTION & CONSERVATION LAWS: AN INTRODUCTION Mohd Azham Yahya Studies for Parks & Amenity Management, School of Geomatic Sciences & Natural Resources, College of Built Environment (CBE), Universiti Teknologi MARA (UiTM) Shah Alam  LEARNING OBJECTIVES 01 To understand the legal framework of conservation laws within Malaysia’s Federal Constitution 02 To explore the concept of federalism and the division of powers between federal and state governments 03 To appreciate the role of federalism in managing natural resources and conservation FEDERAL CONSTITUTION Malaysia's Federal Constitution: The supreme law of Malaysia, outlining the structure of government and the division of powers Federalism: A system of government where powers are divided between the federal and state governments Article 74: Sets the legislative powers of federal and state governments  FEDERAL CONSTITUTION 01 02 03 04 05 GENERAL SOURCES STRUCTURES KEY PROVISIONS AMENDMENT Supreme Law Influenced by colonialism Preamble Power-shared with State 2/3 majority vote Fundamental Rights Shaped by Malay custom Articles (230) Parliament making laws Some cannot be ammended Government responsibilities Others legal sources Schedules (13) PM - executive branch Government power Amendments (57) Judiciary-Independent Special provision for EM  PART I PART II PART III PART IV The States, Religion and Law of Fundamental Liberties Citizenship The Federation the Federation Schedule 1 & 2 Schedule 3 PART V PART VI PART VII PART VIII The States Relations between the Financial Provisions Elections Fedaration and the States Schedule 9 & 10 Schedule 4 PART IX PART X PART XI PART XII The Judiciary Public Services Special Powers Against Subversion, Organised General and Miscellaneous Violence, and Acts and Crimes Prejudicial to the Public and Emergency Powers Schedule 6 Schedule 5 & 7 PART XIIA PART XIII PART XIV Additional Protections for States Temporary and Transitional Saving for Rulers' Sovereignty, of Sabah and Sarawak Provisions etc FEDERALISM - NATURAL RESOURCE MANAGEMENT Federal List (List I) TAMAN NEGARA The federal government has jurisdiction over matters Example: Taman Negara, which spans across three such as federal parks and wildlife sanctuaries, as well states (Pahang, Kelantan, Terengganu), is managed as as international treaties related to conservation (such federal park under PERHILITAN. Its governance is as agreements on biodiversity) shared between the federal government and the states, issues related to jurisdictional overlap often arise State List (List II) Case Study: States have control over land, water, and forests. This In 2016, a dispute arose concerning illegal logging includes the creation and management of state parks, and poaching around Taman Negara’s buffer zones forests, and wildlife conservation areas. States Highlighting how overlap in jurisdiction between the regulate natural resources within their boundaries, federal and state governments can lead to making them critical players in conservation efforts challenges in enforcing conservation laws. Federal wildlife enforcement agencies required cooperation from state land authorities to curb Concurrent List (List III) deforestation Complexities of power-sharing led to delays in Matters such as environmental protection, drainage, action and irrigation fall under both federal and state jurisdiction, allowing for shared responsibility in managing conservation areas and natural resources FEDERALISM - NATURAL RESOURCE MANAGEMENT FOREST RESERVES MARINE PARKS Example: Forest management falls under state Example: Marine parks are under federal jurisdiction, jurisdiction, making states responsible for designating while fisheries management is often regulated at both and maintaining forest reserves. States also control the federal and state levels. Federal agencies regulate logging concessions, creating tension between fishing zones and fish species, while states oversee conservation and economic interests the licensing of fishing boats and enforcement of regulations in state waters Case Study: In Kelantan, state-sanctioned logging within forest Case Study: reserves has led to environmental degradation and In Pulau Tioman, illegal fishing activities in the loss of biodiversity protected marine park area have been a persistent OA communities in Kelantan filed a lawsuit in 2019, issue arguing that their rights to traditional lands DOFM sought to strengthen enforcement, but local (recognized under the constitution) were being fishermen claimed that state authorities were not violated due to deforestation adequately enforcing fisheries laws This case reflects the challenge of balancing state This jurisdictional conflict demonstrates how economic interests with conservation obligations shared responsibilities between state and federal and indigenous rights, as guaranteed under the authorities can lead to enforcement gaps in Federal Constitution protected areas CONSERVATION & ENVIRONMENTAL LAWS Forest Management Wildlife Conservation Parks & Recreational Area Federal Jurisdiction Federal Jurisdiction Federal Jurisdiction National Forestry Act 1984 (Act 313): Wildlife Conservation Act 2010 (Act 716): National Parks Act 1980 (Act 226): Regulates Provides guidelines for sustainable forest Governs the protection of wildlife and their national parks that are under federal management across Malaysia. The Act habitats across Malaysia, regulating management, such as Taman Negara, focusing empowers states to enact forest laws but hunting, trade, and conservation efforts at on conservation and public use emphasizes uniform management practices the federal level. National Parks Act 1980 (Act 226): State Jurisdiction Manages federal-level national parks (e.g., State Jurisdiction Taman Negara) and wildlife sanctuaries, focusing on the protection of biodiversity States have the authority to designate and Each state has its own Forestry Enactment and ecosystems. manage state parks for conservation and that aligns with the National Forestry Act: recreation: Selangor Forestry Enactment 1985 Perlis State Parks Enactment 2018 Pahang Forestry Enactment 1985 State Jurisdiction Johor National Parks Corporation Enactment 1989 States have the authority to establish state Perak State Parks Corporation Enactment parks and wildlife conservation areas: 2001 Perlis State Parks Enactment 2018 Johor National Parks Corporation Enactment 1989 Perak State Parks Corporation Enactment 2001 CONSERVATION & ENVIRONMENTAL LAWS Fisheries Management Marine Conservation Water Resource Management Federal Jurisdiction Federal Jurisdiction Federal Jurisdiction Fisheries Act 1985 (Act 317): This federal act Fisheries Act 1985 (Act 317): Also governs Environmental Quality Act 1974 (Act 127): governs marine and freshwater fisheries, marine parks and marine conservation zones This act regulates water pollution and sets including conservation of marine ecosystems, in Malaysia’s territorial waters, regulating standards for maintaining the quality of fishing regulations, and aquaculture fishing activities, protection of coral reefs, water resources across Malaysia. Managed and marine biodiversity by the Department of Environment (DOE) State Jurisdiction Water Services Industry Act 2006 (Act State Jurisdiction 655): Regulates water supply and services, including sewage systems, under the For inland fisheries (rivers, lakes), states may purview of the National Water Services have their own rules complementing federal Coastal areas may have state-specific Commission (SPAN) law: regulations complementing federal laws, Pahang Fisheries Rules 1985 especially in states like Sabah and Sarawak Terengganu Fisheries Enactment 1972 that manage their coastal ecosystems: State Jurisdiction Sabah States manage water resources, including Sabah Parks Enactment 1984 rivers, lakes, and groundwater: Wildlife Conservation Enactment 1997 Selangor Water Management Authority Enactment 1999 Sarawak Kelantan Water Resources Enactment National Parks and Nature Reserves 2012 Ordinance 1998 Sabah Water Resources Enactment 1998 Wildlife Protection Ordinance 1998 CONSERVATION & ENVIRONMENTAL LAWS Environmental Protection & Land laws & land rights Town Planning and Urban Pollution Control Environmental Management Federal Jurisdiction Federal Jurisdiction Federal Jurisdiction Environmental Quality Act 1974 (Act 127): National Land Code 1965 (Act 56): Town and Country Planning Act 1976 (Act This is the core federal law regulating National Land Code provides the 172): Regulates urban planning and pollution, covering air, water, and land framework for land use and development, development, ensuring environmental pollution, as well as waste management including environmental considerations considerations are part of town and city and environmental impact assessments Federal Territory (Planning) Act 1982: development (EIA) Applies to Kuala Lumpur, Labuan, and Renewable Energy Act 2011 (Act 725): Putrajaya, dealing with land use, State Jurisdiction Overseen by the federal government to development, and planning issues in the promote the use of renewable energy and federal territories manage resources efficiently Aboriginal Peoples Act 1954 Local authorities, under state control, implement town planning and development control, including environmental protection State Jurisdiction State Jurisdiction measures, under state-specific legislation. Some states have their own additional States manage land resources, and each state regulations for environmental protection, has its own Land Rules for respective land particularly in relation to local issues such as development: river pollution: Malay Reservation Enactment (FMS Cap Penang State Environmental Protection 142) Enactment 1998 Sabah Land Ordinance 1930 Sabah Conservation of Environment Sarawak Land Code 1958 Enactment 1996 Native customary rights (Sabah & Sarawak) Sarawak Natural Resources and Environment Ordinance 1993 LAND ADMINISTRATION: SELANGOR, SABAH & SARAWAK Note: Institutional arrangements for land administration in Malaysia, focusing on Sabah, Sarawak and Selangor (as an example of a peninsular state). Persons are shown by circles and organizations by triangles; areas of responsibility of the agencies include forestry (green), environment (blue), and land (orange). Source: RESCU, 2022 ARISING ISSUES - MARINE PARK EXAMPLES Differences between state and federal priorities can lead to conflicts in managing natural resources Need for Collaboration: Effective conservation often requires cooperation between both levels of government COORDINATION & RESOURCE CAPACITY & LOCAL COMMUNITY COMMUNICATION ALLOCATION EXPERTISE ENGAGEMENT State agencies may lack the Federal policies may not fully Federal agencies may have account for the specific needs Lack of effective coordination and necessary capacity, expertise, and access to broader financial and and priorities of local communication between federal manpower to effectively manage technical resources compared to communities dependent on and state agencies involved in marine parks. Federal agencies state agencies. This discrepancy marine resources. State-level marine park management. Lead often have more specialized can hinder state governments' regulations and management to inconsistent policies, personnel and resources for ability to implement and plans can vary in their approach duplication of efforts, and research, monitoring, and enforce effective management to community involvement, inefficiencies in implementing enforcement, which can create practices in marine parks, leading to gaps in stakeholder conservation measures an imbalance in management particularly in less affluent states engagement and support for capabilities conservation initiatives MONITORING & POLICIES ENFORCEMENT IMPLEMENTATION There can be discrepancies in monitoring and enforcement Federal policies set the strategic capabilities between federal and state direction for marine conservation, levels. While the federal government but state governments may lack may have comprehensive monitoring the mechanisms or authority to frameworks, state agencies might effectively implement these struggle with consistent enforcement, policies at the local level, resulting leading to illegal activities and the in gaps between policy intent and degradation of marine ecosystems actual practice unchecked INTERNATIONAL COMMITMENT & FEDERALISM The federal government is responsible for signing and implementing international agreements (e.g., Ramsar Convention, CITES). These obligations often require states to align their laws and policies, ensuring Malaysia’s compliance with global conservation efforts  CONCLUSION Federalism is critical in managing Malaysia’s natural resources and conservation efforts. Understanding the division of powers between federal and state governments helps in comprehending how conservation laws are applied and enforced Effective natural resource management requires collaboration between both levels of government, supported by both national and international legal frameworks THANK YOU