The Environmental Quality and Clean Air Act 2020 (fictitious) empowers local authorities to make by-laws for monitoring and controlling any act or activity that may cause serious implications to the quality or health of the environment within their respective territorial jurisdictions. The Act also provides that before any by-laws are enforced by local authorities, the Department of Environment (DOE) must be consulted.

The Permata Lembah Bujang District Council by virtue of the Act, passed the Environment Quality and Clean Air Regulations 2021 which, among others, stated that:

a) Regulation 10: Any application for land development by the landowner is permitted on the certification of viability and safety of the project by the Council's Inspector of Environmental Safety and Health. The Permata Lembah Bujang District Council may impose reasonable fees for the issuance of such certification, the fees of which shall be reviewed from time to time.

b) Regulation 20: Any registered owner of the land will be held liable if open burning is found on his land with or without his knowledge or authorisation. The by-laws came into effect on 3 May 2022, and it was discovered that the by-laws were never presented for consultation with the Department of Environment (DOE) before its enforcement. Mr. Burn Kak, a local resident was fined for the open burning on his land. He was dissatisfied with the regulation because the open burning was done by a stranger who entered his land when he was in Thailand. Miss Tin Gee's application for the certificate to develop her land was approved by the Council for a fee of RM200 per square feet of her land. She was dissatisfied with the high fee that was imposed by the Council for her application. Mr Burn Kak and Miss Tin Gee are dissatisfied with the Environment Quality and Clean Air Regulations 2021 passed by the Permata Lembah Bujang District Council.

Advise Mr Burn Kak and Miss Tin Gee.

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