Selangor Journal
A Selangor Water Management Authority (Luas) personnel conducting an odour test on samples taken from Sungai Semenyih following an odour pollution incident at Jenderam Hilir Raw Water Pump Station, on December 24, 2022. — Picture via FACEBOOK/LUAS

State laws strengthened to probe all water source pollution cases with steeper punishments — Exco

By Selangor Journal Team

SHAH ALAM, Jan 26 — The state government is deepening its efforts in combatting the potential pollution of water sources, primarily by amending existing legislation to include harsher penalties.

State executive councillor for public health and the environment Jamaliah Jamaluddin said the Selangor Water Management Authority (Luas) Enactment 1999’s Section 79(4) has been amended to include fines of no less than RM200,000 and not exceeding RM1 million, with imprisonment not exceeding three years.

Previously, the section only provided for fines not exceeding RM100,000 or imprisonment not exceeding three years or both.

State executive councillor for public health and the environment Jamaliah Jamaluddin speaks to Media Selangor during an interview at the Bandar Utama state constituency community service centre in Damansara Utama, Petaling Jaya, on August 30, 2024. — Picture by MOHD KHAIRUL HELMY MOHD DIN/MEDIA SELANGOR

“Additionally, amendments to Section 79(1) of the Luas Enactment incorporated offences related to water pollution caused by odour and taste as punishable violations under the Enactment.

“These amendments came into effect in December 2020, ensuring that current and future pollution cases can be investigated and prosecuted under these revised provisions,” she said in a statement today.

Taking note of the Selayang Sessions Court’s ruling on January 17, which acquitted and discharged five individuals for polluting Sungai Gong in September 2020, Jamaliah said the state government acknowledges the decision.

The five, including four board members and the manager of a heavy machinery workshop, had initially been charged under Section 430 of the Penal Code, punishable under the same section, and Section 25(1) of the Environmental Quality Act 1974.

The September 2020 pollution incident led to the temporary shutdown of the Rantau Panjang, Sungai Selangor Phase One, Phase Two, and Phase Three Water Treatment Plants.

“Following this decision, the Selangor state government has been informed by the Selangor State Legal Advisor’s Chambers that the authority to prosecute, including the power to appeal the Selayang Sessions Court’s decision, lies under the jurisdiction of the Public Prosecutor.

“The Selangor State Legal Advisor’s Chambers can only make recommendations to the Selangor State Prosecution Office to file an appeal, and this remains subject to the Prosecution Office’s discretion. The decision to prosecute under the aforementioned legal provisions was made with due consideration of the nature of the offence and the severity of penalties available at the time,” she said.

Similarly, the councillor said that via Luas, the state government has implemented the Zero Discharge Policy (ZDP) under the Licensing Regulations for the Discharge of Return Water and the Entry or Release of Wastes and Pollutants in Selangor.

“This policy aims to encourage premises to reduce effluent discharge and promote the reuse of wastewater. Luas, in collaboration with local authorities, enforces the ZDP under the Local Government Act 1976 and the Street, Drainage, and Building Act 1974 to minimise the impact of surrounding activities on water resources and to improve the state’s water quality.

“The state government, through Luas, is also committed to preserving the state’s water resources, including river basins, groundwater, surface water, lakes, ponds, ex-mining pools, and coastal areas,” she said.

Luas enforcement units, along with other government agencies like the Department of Environment, will continue to conduct regular monitoring and enforcement activities to prevent pollution that disrupts water resources and harms the environment.

“The Selangor state government, through Luas and relevant agencies, will not compromise with any party found to be polluting water resources and will take firm action in accordance with the Luas Enactment 1999 and related state laws.

“The public is reminded to refrain from engaging in activities that could pollute the state’s water resources. They are also urged to report any suspicious activities that could contribute to water pollution in Selangor,” Jamaliah said.

A Selangor Water Management Authority (Luas) personnel monitoring the site of the suspected diesel pollution along Sungai Gong in Rawang. An odour was detected at 3pm on January 25, 2024, causing Luas to activate its Code Yellow and deal with the situation. — Picture via FACEBOOK/LEMBAGA URUS AIR SELANGOR

 

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