PSI: Penang to seek judicial review over EIA approval revocation

Published by Malaysia Kini• 16/09/2021• 04:00 pm

The Penang government will haul the Department of Environment to court over the latter’s move to revoke environmental impact assessment (EIA) approval for its Penang South Islands (PSI) project.

In a statement today, executive councillor (infrastructure and transport) Zairil Khir Johari confirmed that the state government will seek judicial review.

It will also submit a new EIA report for the megaproject.

“The state executive council meeting on Sept 15, 2021 agreed to take legal action to file for judicial review against the appeal board’s decision.

“At the same time, the state government will also initiate the process of re-submitting an EIA report to the DOE so that this project – which is critical for the state’s economic recovery in the post-Covid-19 era – can continue for the benefit of the people,” he said.

Zairil: All procedures adhered to

On Sept 8, the DOE appeal board voided the EIA approval on the basis that it was issued before the Penang Structure Plan 2030 was officially gazetted.

Approval had been given on June 25, 2019 while the plan was gazetted four months later on Oct 24, 2019.

Section 34A(4)(a) of the Environmental Quality Act 1974 stipulates that the department director-general shall not approve an EIA which is not in accordance with a development plan or physical plan that is approved by the relevant approving authority.

Today, Zairil said the state government disagreed with the board’s view that there had been non-compliance in the approval process.

He further underscored that the revocation was not based on “substantive arguments or merits of the case”.

Zairil Khir Johari

“The state government does not agree with the appeal board and we are of the opinion that all planning processes and procedures along with all necessary approvals were adhered to.

“This includes the approval of the structure plan by the state authority through the State Planning Committee on Mar 14, 2019 and the presentation of the plan to the National Physical Planning Council (MPFN) on Apr 18, 2019.

“Compliance with both these (approvals) is deemed sufficient for the requirements of Section 34A(4)(a) which stipulates that the project must be in line with a ‘development plan or physical plan approved by the relevant approving authority’.

“Thus, the approval given by the DOE director-general on Jun 25, 2019 did not at all contradict with the requirements of the act (Environmental Quality Act 1974),” he explained.

PSI is a state government project involving the reclamation of three islands to build industrial zones, tourist attractions, education hubs and housing projects, including affordable housing.

The artificial islands will span 1,821ha, equivalent to the size of 2,550 football fields.

The state government has promised that the project will be developed sustainably, touting its ability to create jobs and spur the economy.

The PSI project is meant to help fund multi-billion infrastructure projects detailed in the Penang Transport Master Plan.

However, those who are against the project contend that it will jeopardise the livelihood of local fisherfolk and harm marine biology ecosystems.

Groups opposing the PSI are organised under the #PenangTolakTambak movement.

Local fishing community leader Zakaria Ismail had filed an appeal against the EIA approval.