Penang govt to discuss failure to reinstate PSR project, says Zairil

Published by The Star • 29/08/2022

GEORGETOWN: The state government will make a decision in due time following its failure to reinstate the Penang South Reclamation (PSR) project.

State infrastructure and transport committee chairman Zairil Khir Johari said it would be decided after the state executive council meeting.

“We will discuss it at the exco level and make a decision,” he said, adding that he could not comment further as he has yet to be briefed by the state legal adviser.

On Monday (Aug 29), the state government failed in its bid to reinstate its PSR project.

In delivering the verdict, High Court judge Wan Ahmad Farid Wan Salleh dismissed the state government’s leave application to initiate a judicial review after refusing a bid to extend time to allow proceedings to be brought to court.

“After viewing the material before me, I am not convinced that the extension of time ought to be allowed.

“Since the extension of time was refused, the court cannot hear the applicant’s (state government) leave application,” he said.

Justice Wan Ahmad Farid said that the application to commence judicial review had been filed out of time as more than three months had elapsed since the decision by the Department of Environment (DOE) appeal tribunal, which was the subject matter of the challenge.

Under the law, an application to commence judicial review proceedings to challenge an administrative decision must be filed within three months from the date the decision is given.

The state government was seeking a court order to reverse a decision made by the DOE appeal tribunal to cancel the approval for the project made on Sept 8, 2021.

The tribunal had ruled in favour of Zakaria Ismail and his fellow fishermen on the grounds that it would affect their livelihood.

The state government had claimed the tribunal’s decision was made on an “incorrect basis  of facts” and the decision was bad in law.

PSR is designed to fund the Penang Transport Master Plan which includes the Pan Island Link and Bayan Lepas Light Rail Transit.

The proposed project involves the reclamation and development of three islands covering 1,820ha, namely Island A (930ha), Island B (566ha) and Island C (324ha)