UNIVERSITI TEKNOLOGI MARA

FINAL ASSESSMENT

COURSE NAME : ENVIRONMENTAL LAW

COURSE CODE : LAW573
ASSESSMENT : 31 JULY 2021 (09:00 am)
RELEASE DATE :
ASSESSMENT : 1 AUGUST 2021 (11:00 am)
LAST SUBMISSION
DATE

INSTRUCTIONS TO CANDIDATES

1. This final assessment is an individual assessment which consists of two (2) questions.

2. Answer the question in English.

3. Softcopy of the answers must be in PDF format and submitted to ufuture>final submission on
or before the last submission date/time. Late submission will not be tolerated. The file must be
named according to this format: Group (capital letters) followed by student's Name (capitalise
each word) e.g LWH07A Ahmad Ariff Bin Suhaimi.

4. Students should use Arial with the following font size:

a. Text: 11 points
b. Name of cases: 11 points, bold
c. Provisions in legislation: 11 points, bold

Other fonts are not acceptable. The text in the paper should be typed in one and half spacing
(1.5). All text must be justified left and right.

5. The length of answers must not exceed 20 pages. Please provide page number at the
bottom right of each page. Cover sheet should not be counted for this purpose.

6. Please submit the final assessment together with cover sheet which consists of the following
details:
a. Course name and code;
b. Student's name and student's number;
c. Tutorial group and lecturer's name.

7. Students are required to fill in Akujanji Pelajar Menduduki Penilaian Akhir which must be
attached together with the answer.
QUESTION ONE

Danny Lim owns and operates a small poultry farming business called Lim Poultry Sdn Bhd.
He inherited the farm from his father in 2018. Lim Poultry operates from premises on the
outskirts of Layang-Layang, a village near Sg Johor. The poultry business employs about 20
employees and engages in producing, grading, packaging, and selling table eggs and
poultry feeds.

The factory uses manure from the chicken to make fertiliser. However, much of the fertiliser
is improperly stored. The fertiliser products and chicken manure are stacked and exposed to
the elements. When it rains, the water soaks these items, and the water seeps into the
ground and flows into the river. This leads to the high content of ammonia in the river.
Eventually, the discharge from this farm is the source of ammonia pollution in Sungai Johor
that led to the temporary shutdown of three water treatment plants in Johor. The incident
raised the ire of residents affected by the water disruption.

However, what was troubling was that it was not the first time the same poultry farm
contributed to ammonia pollution. For example, a previous case of ammonia pollution at
Sungai Johor, which affected the water supply to 600,000 people, was partly caused by the
same farm.

The State Department of Environment (DoE) said the poultry farm on the banks of Sungai
Sayong, a tributary of Sungai Johor, was operating without the state DoE. On top of that,
based on checks conducted by DoE staff at the farm since the previous case of pollution last
year, the factory did not adhere to proper storage techniques for its fertiliser. However, it
continued to operate, and the state DoE's notice to have the poultry farm relocated has
fallen on deaf ears. The state DoE said the department had no jurisdiction over this factory
as it rears chicken. Therefore, any order to close must come from the state Veterinary
Services Department or the District Land Office.

Advise the potential action that can be taken by: -

a) the State Department of Environment (DoE) against Danny Lim and Lim Poultry Sdn
Bhd under the Environmental Quality Act 1974; and
b) the residents affected by the water disruption against Danny Lim and Lim Poultry Sdn
Bhd under the common law.

(20 marks)

QUESTION TWO

Despite commitments to preserving and enhancing environmental quality and passing of

laws and regulations to achieve the means, Malaysia is still faced with the competing
demands of more significant urban development and conserving the environment.

a) Examine the challenges in enforcing environmental law in Malaysia to achieve

sustainable development; and
b) Suggest recommendations to improve the enforcement of the environmental law in
Malaysia.

(20 marks)