Transboundary haze law up in smoke

Putrajaya has dropped legislative efforts to criminalise conduct that causes or contributes to haze pollution in Malaysia, the Dewan Rakyat was told.

In a written reply to Tan Hong Pin (Pakatan Harapan-Bakri), Natural Resources, Environment, and Climate Change Minister Nik Nazmi Nik Ahmad said feedback from the attorney-general and legal experts led Putrajaya to conclude that there will be difficulties in obtaining the details needed for successful prosecution.

“Enforcement requires clear evidence that transboundary haze came from neighbouring countries. This must be supported by precise locations, coordinates, land ownership information, and information about companies operating (in the) land where burning occurs.

“Additionally, information about Malaysian interest in companies operating abroad will be difficult to obtain since equity will be held by locals,” said Nik Nazmi (above).

Transboundary haze could not be resolved through legislation alone, he said, adding that prevention was the preferred option and this required bilateral and multilateral diplomatic discussions.

Putrajaya will, however, continue efforts to help partners research and develop the necessary peat land management techniques and new fire fighting techniques.

In 2014, Singapore became the first country in the Asean region to enact a law criminalising transboundary haze production.

However, no one has since been charged and haze continues to be an annual occurrence in Singapore and Malaysia.

The previous Harapan administration led by Dr Mahathir Mohamad had explored the idea of a law to tackle transboundary haze but nothing came to fruition.

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