MAGISTER OF ENFORCEMENT LAW

ENVIRONMENTAL LAW AND POLICY

PREPARED BY: HAMDANI

STUDENT ID NUMBER: 2022887006
PREPARED FOR: Assoc. Prof. Dr. SITI HAFSYAH IDRIS
 Possible Actions that can be taken by the Department of Environment (DOE), Kuala
Langat Municipal Council, and Residents in the neighborhood in addressing cases of
chicken farms and fertilizer processing plants operating without identified permits causing
raw water sources in three rivers in Kuala Langat contaminated with ammonia. Then it was
not only the first time the factory acted to pollute the Langat River. The same incident that
polluted the Langat River in July last year affected the water supply to 600,000 consumers.
The factory operated without the approval of the Langat District Land Office, the Department
of Veterinary Services, and the Kuala Langat City Council. Previously, the Department of
Environment (DOE) also did not support the factory's approval at the Preliminary
Assessment Site (PAT) to continue the project in the area. DOE had previously notified the
factory owner concerned about moving to another location but was ignored. Given this case,
the possibilities that can be taken by the Department of Environment, municipal council, and
residents in the neighborhood are:

a. Department of Environment
As a Department of Environment, Malaysia has the main function of protecting,
maintaining, and improving the environment in the country. In resolving the problem of
factories that have issued warnings but have not responded to the warnings that have
been given, as in the case above, the Department of the Environment can do several
things, among others.
1. Conduct an investigation.
The Department of the Environment can carry out investigations into factories
that violate environmental regulations. They will assess the impact of these violations
on the environment and public health by carrying out investigations as contained in
Article 3 (1) (e) of the Environmental Quality Act 127, to undertake surveys and
investigations as to the causes, nature, extent of pollution and as to the methods of
prevention of pollution and to assist and co-operate with other persons or bodies
carrying out similar surveys or investigations, Based on the article above, it is very
clear that the environmental department can carry out investigations to find mistakes
made by factories in Kuala Langat. By investigating the problems that occur at the
chicken and fertilizer factory, the environmental department can find the cause and
the level of pollution in the water in Kuala Langat, so that the environmental
department can find out what methods should be taken to prevent water damage
caused by the factory.
2. Provide reports and outreach.
The Department of the Environment should provide reports related to the
environment, both regarding environmental quality and protection that have been
 carried out so that with these reports the government can find out about
developments that have occurred to the environment, as contained in Article 3 (1) (i),
to publish an annual report on environmental quality not later than 30th September of
the following year and such other reports and information with respect to any aspect
of environmental protection, Thus, one of the environmental departments can report
cases of chicken farm factories that have an impact on the water in Langat River and
the environment department must provide information to the public about how to carry
out environmental protection so that they can protect their environment.
3. Fines and sanctions
When the problems with the chicken farm factory above cannot be resolved after the
environment department reports to the environment ministry, the environment
department can also provide recommendations to the environment ministry based on
the investigations carried out so that the environment ministry can issue fines or
sanctions to chicken farm factories that violate article 34A (2 ), Any person intending
to carry out any of the prescribed activities shall, before any approval for the carrying
out of such activity is granted by the relevant approving authority, submit a report to
the Director General. The report shall be in accordance with the guidelines prescribed
by the Director General and shall contain an assessment of the impact such activity
will have or is likely to have on the environment and the proposed measures that shall
be undertaken to prevent, reduce or control the adverse impact on the environment,
When article 34A (2) is not complied with, as happened in the case of the factory
above, which previously did not have a permit, then the activities carried out by the
factory have an impact on the supply of water to 600,000 consumers, so they can be
punished under article 34A (8), Any person who contravenes this section shall be
guilty of an offence and shall be liable to a fine not exceeding one hundred thousand
ringgit or to imprisonment for a period not exceeding five years or to both and to a
further fine of one thousand ringgit for every day that the offence is continued after a
notice by the Director General requiring him to comply with the act specified therein
has been served upon him, With this article and what is in the case, it is only natural
to give firm witnesses because the chicken farm has a very detrimental impact on the
quality of water in Kuala Langat.
b. Kuala Langat Municipal Council
The problems above have possibilities that the Kuala Langat Municipal
Council can do in overcoming factory problems that have an impact on water supply,
and for factories that have not obtained permits from the Preliminary Assessment
Site based on the municipal council's functions including ensuring all development or
development control in the MPKL are carried out through Spatial Plans and Regional
Plans that have been confirmed, Empowering Revenue Management, Strengthening
the development of city services from the aspects of garbage, waterways, grass,
roads and Ensuring the provision and maintenance of public infrastructure and
facilities are always under control.
Based on the functions possessed by the municipal council above, the
municipal council can overcome the problems that occur in Kuala Langat by using
existing functions such as
1. Licensing processes that must be tightened
With the function that the city council has, it can implement a strict licensing
process for factories that wish to operate in the area. The process that can be
done is to ask for an analysis of the environmental impact problems that the
factory has so that in this way the municipal council can assess whether or not
the factory is eligible to get a permit or not as according to article 34A (2), Any
person intending to carry out any of the prescribed activities shall, before any
approval for the carrying out of such activity is granted by the relevant approving
authority, submit a report to the Director General. The report shall be in
accordance with the guidelines prescribed by the Director General and shall
contain an assessment of the impact such activity will have or is likely to have on
the environment and the proposed measures that shall be undertaken to prevent,
reduce or control the adverse impact on the environment. If a factory is unable to
meet the requirements set out in the licensing process, the city council can refuse
to grant it a license to operate. So in the case of the chicken farming factory, it is
clear that the impact on the environment in terms of water in Kuala Langat is very
bad, therefore the factory does not yet have a permit to operate the factory.
2. To improve inspection and enforcement, the municipal council can increase
inspection and enforcement of factories that violate existing regulations or
policies. By increasing oversight and imposing strict sanctions, city councils can
make factory operations more difficult or even impossible. In the case of Kuala
Langat, it is clear that the chicken factory does not yet have a license to operate.
So if, based on the article above, the factory does not have an analysis of
environmental impact problems, if the factory has an analysis of environmental
impact problems, then nothing like the case above will occur, which can damage
the water in Kuala Langat. If you look at the cases and articles above, the chicken
farm factory has violated the Environmental Quality Act, so it can be given
sanctions and fines based on Article 34A (8), Any person who contravenes this
section shall be guilty of an offence and shall be liable to a fine not exceeding one
hundred thousand ringgit or to imprisonment for a period not exceeding five years
 or to both and to a further fine of one thousand ringgit for every day that the
offence is continued after a notice by the Director General requiring him to
comply with the act specified therein has been served upon him.
c. Residents in the neighborhood
The problem of factories that have not been granted permits that can damage
the environment is not only a problem for the environment department and the city
council, but it will also be a problem for the local community as well as those who are
near the factory environment in Kuala Langat, so the community must also be able to
have their own solutions. problems in the factory because the factory can damage
the environment. With this problem, the community can do things to overcome these
problems, including
1. Forming community groups: Residents can form community groups or non-
governmental organizations that have an interest in environmental preservation
and sustainability. This group can work together with lawyers or environmental
law experts to solve this problem collectively, because that way at least the
community is able to understand the problems in the Kuala Langat environment
caused by the factory.
2. Spreading public awareness: For residents who are close to the factory, because
there is already a problem, one solution is to provide awareness to other
communities to care for the environment caused by the factory by holding
community meetings, seminars, or educational campaigns to increase public
awareness about the negative impact of factories that do not have permits and
damage the environment. By increasing public awareness, residents can gain
more support and gather strength to oppose the factory.
3. Contact lawyers or environmental activists: Residents can seek legal assistance
from lawyers with experience in environmental matters or coordinate with local
environmental activists. They can provide legal advice and assistance in filing a
lawsuit or taking other legal action. One example is filing a petition so that
residents can gather support from other residents and submit a petition to the
local government or related institutions. Such petitions can represent widespread
opposition to mills and influence government decisions.
4. Submitting a report to the environmental authority: When the above solutions
cannot be carried out by the community and the factory does not care about
them, the community can submit an official report to the environmental authority
regarding an unlicensed factory and the potential environmental damage it
causes. So with this report, environmental authorities can carry out further
investigations and take action in accordance with the Universal Equality Act.