KUALA LUMPUR: The government has filed an appeal regarding the punishment of two offenders for the Sungai Kim Kim pollution at Pasir Gudang that occurred in 2019.
Natural Resources, Environment and Climate Change Minister (NRECC) Nik Nazmi Nik Ahmad said he was informed by the Department of Environment (DOE) that an appeal was submitted to the Attorney-General's Chambers (AGC) regarding the decision of the Johor Baru Sessions Court which sentenced a lorry driver to a maximum fine of RM100,000.
He said the appeal was made based on the provisions of the offence charged under the Environmental Quality Act 1974.
"The decision to appeal for a heavier sentence is under the discretion of the AGC," he told Berita Harian today.
He was commenting on the recent verdict for the Sungai Kim Kim pollution which said that the punishment was not equivalent to the suffering endured by the victims.
The pollution incident in 2019 that affected the health of more than 2,000 people and caused 111 schools in Pasir Gudang to be ordered closed following the dumping of toxic waste in Sungai Kim Kim, on March 7 rocked the country as 947 victims received treatment at the Sultan Ismail Hospital, with nine in the Intensive Care Unit.
The lorry driver was fined a maximum of RM100,000 for causing pollution by the illegal disposal of scheduled waste in Sungai Kim Kim Pasir Gudang, Johor in 2019.
The Department of Environment (DOE) in a statement said that N. Maridass was found to have released oil sludge, a scheduled waste listed in the First Schedule of the Environmental Quality (Scheduled Wastes) Regulations 2005, into the river.
It said P Tech Resources Sdn Bhd, which faced eight charges under the Environmental Quality (Clean Air) Regulations 2014, was also fined RM40,000 for each charge, making it a total of RM320,000.
The cases against Maridass and P Tech Resources were tried together and a total of 38 witnesses were called to testify.
Commenting further, Nik Nazmi said that the two defendants in the case pleaded guilty and were convicted and sentenced based on the fines or penalties provided in accordance with the Environmental Quality Act 1974.
He said, this is because the offence was committed in March 2019, that is before the Environmental Quality Bill (Amendment) or Act 127 was tabled in parliament in October 2022.
"The punishment cannot be imposed based on the provisions of the amendment in Act 127 which was approved by the Dewan Rakyat on Oct 5, 2022 with a maximum fine of RM10 million because the amendment to the bill did not have time to be tabled in the Dewan Negara following the dissolution of Parliament on Oct 10, 2022.
"The Environmental Quality Bill (Amendment) needs to be re-presented in parliament for approval," he said.
The bill was tabled on Oct 3 last year, aimed at increasing the penalty to RM10 million for offences such as placing or disposing of scheduled waste other than at the prescribed premises.
The proposed amendment was also to ensure that any individual found guilty of committing the offence could be jailed not exceeding five years and fined not less than RM100,000.
The act defines disposal of waste indiscriminately as that of scheduled waste in the form of solids, semi-solids, liquids, gases or which can cause pollution.
The bill also includes the definition of open burning as any open burning, combustion or smouldering that occurs in the open air and which is not directed there through a chimney or stack.
Any individual who commits, allows, orders or causes open burning at any premises, upon conviction, can be fined a minimum of RM25,000 or a maximum of RM1 million, be imprisoned not exceeding five years or both.
