Reclamation project: Other states can, why not Penang?

Published by New Straits Times• 01/12/2021• 01:01 pm

State Infrastructure and Transportation Committee chairman Zairil Khir Johari said reclamation projects, such as the Penang South Reclamation (PSR), were not as massive compared to the reclamation projects in Johor and Melaka, which are of mega scale. – NSTP/DANIAL SAAD

GEORGE TOWN: Why are reclamation projects in Penang not allowed when similar ones on bigger scales are allowed in other states?

State Infrastructure and Transportation Committee chairman Zairil Khir Johari said reclamation projects, such as the Penang South Reclamation (PSR), were not as massive compared to the reclamation projects in Johor and Melaka, which are of mega scale.

He said the reason given by the Appeal Board of the Department of Environment (DoE) to revoke the environmental impact assessment (EIA) approval of the controversial project was unacceptable.

“In actual fact, the PSR project has been approved and fulfilled requirements of the Environmental Quality Act 1974.

“As such, the decision by the Appeal Board can be considered an injustice against Penang,” he told the state legislative assembly here today.

Zairil (DAP – Tanjung Bungah) was replying to a supplementary question from Jason H’ng Mooi Lye (DAP – Jawi) whether the state government would ask for another explanation from the DoE on the cancellation when other projects on bigger scales were approved.

According to Zairil, the state government is not disputing the decision of the Appeal Board, in fact, it was confident with the country’s legal system.

“However, what we are questioning is the selection action or double standards and ‘victimisation’ which constantly happens to Penang,” he added.

Meanwhile, replying to Goh Choon Aik (PKR – Bukit Tambun) who sought an explanation on the Appeal Board’s decision, Zairil said the state government was confident a judicial review by the state would rule in their favour.

He said this was because the decision was more on the issue of a technicality.

He said the DoE felt that the approval given was before the Penang Structure Plan 2030 was gazetted.

“The PSR project has even been approved by the Planning Committee, the state’s highest planning authority.

“If we look at the provisions of the act, when a decision is obtained by the state Planning Committee and tabled at the National Physical Planning Council (NPPC), it is sufficient.

“As such, we disagree with the decision by the Appeal Board and are confident that we will get a positive response during the judicial review,” he said.

It was reported in early September that fisher folk, likely to be affected by the PSR project, now known as the Penang South Islands’ (PSI) reclamation project, scored a major victory after they won an appeal to revoke the EIA approval of the controversial project.

This came after the preliminary objection by Zakaria Ismail, head of the fishermen’s unit of Sungai Batu, was allowed and approval by the DoE on the PSR’s EIA was set aside.

The EIA was found to be ultra vires, null and void of Section 34A(4)(a) of the Environmental Quality Act 1974.

The Penang government had responded what they would seek a judicial review over the decision.