Latest news with #Enactment
Borneo Post
16-05-2025
- Borneo Post
Company owner, manager fined for unlawful possession of logs
KOTA KINABALU (May 16): A company owner and its manager were fined by a Sessions Court here today a total of RM100,000, in default, eight months' jail for unlawful possession of 238 logs without paying royalty. Judge Elsie Primus imposed RM50,000 fine each on Tiong Chee Khong and Yun Ket Chun, both aged 50, after a full trial. In her reserved decision, the judge held that the prosecution had proven its case beyond reasonable doubt against the two accused. Both of them had paid their fines. The duo was found guilty of without lawful authority or legal right, having the logs that had not been paid royalty at a log storage area in the Sipitang Forest Reserve on February 7, 2020. The offence was under Section 30(1) g of the Forest Enactment 1968, punishable under Section 30(2) (b) of the same Enactment. The indictment provides for a fine of up to RM500,000 or a jail term of up to five years or both, upon conviction. On December 18, 2024, the duo was freed from three charges of felling 707 logs illegally in the forest reserves and State land in Sipitang without their defence being called. For this offence, which was their fourth charge, they were called to enter defence. During mitigation, counsel Aaron Mark who represented the duo, requested for a minimum fine to be imposed on his clients saying that they were first-time offenders. Aaron argued that that these logs were rightfully cut and it was not related to damaging environment. In reply, Forestry Department prosecuting officer Peter Jack Empah urged the court to impose a deterrent sentence on Tiong and Yun. Peter submitted that the offence committed by the duo not only involved a violation of the law, but it also impacted the State Government's revenue in terms of tax collection. 'The unpaid taxes to the State Government amount to approximately RM60,000. Their action of failing to pay taxes to the State Government appeared to challenge the authority of the Sabah Forestry Department as the statutory body responsible for forest resource management in Sabah. 'If such actions are not curbed, they will have long-term effects on society and may encourage more individuals to commit similar offences in the future,' Peter added. The prosecution had called 12 witnesses to give their evidence while three defence witnesses had testified in the hearing, including Tiong and Yun. The cases were first brought to court on June 21, 2023.
New Straits Times
14-05-2025
- New Straits Times
Amirudin: Selangor plans RM1mil fine, jail term for polluters
KUALA LUMPUR: The Selangor Water Management Authority (LUAS) Enactment will be strengthened to ensure environmental polluters can be punished, including fines of up to RM1 million and mandatory imprisonment of up to three years. Selangor Menteri Besar Datuk Seri Amirudin Shari said this includes adding provisions that empower state enforcement authorities to conduct thorough investigations, including prosecution. He said that although the sources of pollution were often identified, weaknesses in evidence gathering had resulted in many offenders escaping legal action. "For example, odour pollution takes between 18 and 24 hours to reach the Selangor dam. If something happens in Batang Kali, it takes about 15 to 16 hours to get here, and the evidence is gone by then. That is one of the challenges we face. "Sometimes we detect pollution, but cannot trace the source because it has already stopped – the culprit may have been 'responsible' enough to shut it down. "So, while we manage to contain the issue, unfortunately, we are unable to catch or prosecute the offender," he said when met by reporters after the handover ceremony of the Raw Water Guarantee Scheme (SJAM) Package A and C project yesterday. He also said very few polluters have been prosecuted under the amended LUAS Enactment, as the prosecution process falls under the Attorney-General's Chambers. "Some cases have been prosecuted under the Environmental Quality Act or other existing laws in the country. Investigations were conducted, and the public prosecutor carried out prosecution. "The public prosecutor has their discretion on which laws or regulations to apply, whether to use the Act or the Enactment. So far, no charges have been brought under the LUAS Enactment." Amirudin added that a comprehensive water master plan is being developed to address all issues related to water supply in Selangor. He said the plan would serve as a guideline for managing drought and excess rainfall. "The plan is expected to be completed within a year and will cover aspects such as water storage, locations of retention ponds, and long-term flood control systems, with over 100 ponds identified across the state."
