The State Legislative Assembly passed a bill last night to allow the 133-year-old Penang Botanic Gardens to be corporatised, but the move was questioned by the opposition (BN) and backbenchers.

Muhamad Farid Saad (BN-Pulau Betong) called for the bill, tabled by state executive councillor Jagdeep Singh Deo (DAP-Dato Keramat) be postponed and for the clauses in it to be reviewed and refined.

"Even the existing pre-war houses in Penang have disappeared. They were not taken care of properly and the same goes for the Botanic Gardens.

"Why do we need a corporate body to manage it? Can't we do it some other way, like putting it under the Penang Tourism Committee?" Farid asked.

“The last public consultation regarding this was done in 2012, so can a final one be carried out now? Since NGOs have protested against this move, can it be reviewed?

“A special committee should be formed to study the views of the NGOs,” Farid added.

Farid (photo) also expressed concern for the position of the current staff of the Botanic Gardens, asking if anyone would be sacked for "holding different views" after the park becomes corporatised.

As the chief minister will assume the position of chairperson in the corporation, Farid queried, "Why is the general manager to report only to the chairperson and not to the board?"

To develop it into Unesco heritage site

Other positions in the corporation's leadership structure are the state-appointed deputy chairperson, while the state secretary, state legal adviser and state financial officer will be ex-officio members.

A general manager and CEO will see to the daily operations and development of the garden.

According to Jagdeep, the enactment would apply to other state parks, but now it was necessary to develop the Botanic Gardens into a Unesco heritage site, similar to Singapore's Botani Gardens and the Kew Gardens in London.

The corporation will handle, control, preserve, conserve, research into plants, flora and fauna and other matters related to the Penang State Park.

Several backbenchers expressed their concerns about the move to corporatise one of Penang's best known tourism icons, which previously went by the names Spice Garden and Waterfall Garden.

Norlela Ariffin (PKR-Penanti) asked if there had been enough public consultation before the bill was tabled, she expressed concern that other state parks would be corporatised as well without prior notice to the state assemblypersons or village development and security committees.

"We had problems. Although Penang Hill had been corporatised in 2009, the people in-charge of the corporation could not answer questions that we asked when we interviewed them during the Public Accounts Committee meetings," Norlela said during debate time.

Cheah Kah Peng (PKR-Kebun Bunga) expressed discomfort over the short notice given to assemblypersons to review the bill.

"I cannot function in this manner, where we are not given enough time to review the bill. When was the public consultation done? How many were consulted, and in what century it was done?" Cheah (photo) asked.

"I would like to state that my views do not conflict with the state's to improve the park, but I am concerned about several clauses in the bill that place too much power in the corporation and this can jeorpadise the interests of Penangites.

“For example, even Penangites have to pay to visit Fort Cornwalis, the heritage site at Padang Kota. This is the result of corporatisation. The bill is silent on the charging of fees,” he added.

Support for the bill

Several assemblypersons were in favour of the enactment, saying it was timely, and that the state needed to move forward to improve the management of the state park.

Dr Afif Bahardin (PKR-Seberang Jaya) said the enactment would pave the way for "reformasi" in the management of the Botanic Garden, assuring that it would be done in a "transparent and accountable" manner.

"We promise to keep in mind the people's interests and the concerns of Penangites will be protected," Afif said.

RSN Rayer (DAP-Seri Delima) said those who raised their concerns about the enactment, such as like Farid and Cheah, could apply to be members of the corporation "so that you can contribute" to the development of the garden.

"Those NGOs members who love to hug trees, who always criticise the state government will warmly welcome this enactment.

"And I am confident the assemblypersons who love the environment, and who were willing to go on hunger strike from 7am to 7pm will support this law," Rayer said, referring to Teh Yee Cheu (DAP-Tanjung Bungah).