‘SLAP ON THE WRIST’ OVER DUMPSITE
65-year-old man ordered to dispose of rubbish on his 20ha land within 14 days
ALANDOWNER in Bukit Teh near here was slapped with the maximum RM1,000 fine by the magistrate’s court here yesterday after he pleaded guilty to allowing his land to be used as an illegal dumping ground, in March.
Magistrate Shamshol Azwa Martadza ordered H’ng Boon
Chai, 65, to transfer the rubbish on nine plots of land measuring about 20ha belonging to him, to a garbage disposal centre within 14 days.
“He needs to show proof that he has done so to the Seberang Prai Municipal Council (MPSP) within the stipulated timeframe, as the land comes under the jurisdiction of the council,” she said when passing the sentence.
H’ng, who was represented by counsel Francis Goh, admitted to the offence when the charge was read to him in Hokkien by the court interpreter.
He was charged with allowing his land to be used as an illegal dumping ground, which could potentially breed mosquitoes and cause a nuisance to neighbours on March 20.
H’ng was charged under Section 82(1) of the Local Government Act 1976, punishable under Section 82(5) of the same act.
MPSP prosecuting officer Siti Rahmah Md Yusoff prosecuted. H’ng paid the fine.
It is learnt that the landowner is also set to face more charges over the problems caused by his dumpsite.
“It was reported that the dumpsite, as big as several football fields, used to be an illegal sand quarry site before it was turned into marshland. Plastic and food waste, as well as discarded furniture and construction debris, were found to have filled the area.
Hundreds of sacks of plastic pellets were found piled up at the site, and a wooden pallet processing factory was operating within the dumpsite.
On June 20, H’ng was fined RM2,000 after he pleaded guilty at the same court to illegal dumping.
In a related development, state Local Government Committee chairman Jagdeep Singh Deo said there had been an alarming increase in the number of illegal dumping cases on the island between 2014 and last year.
He said between January and June, 12 cases of illegal dumping had been detected.
“This is an alarming increase. The increase in the number of illegal dumping cases is due to the lack of heavier penalties,” he said.
He said the fine on H’ng was akin to a slap on the wrist.
“We (the committee) think this is an insufficient punishment. There are other laws with heavier penalties besides the bylaw.
“We have to be firm (against polluters).
“We have to show an (exemplary punishment) that will be a deterrent to others,” he said.
He said among the laws with heavier penalties that could be used were Section 82 of the Local Government Act 1976, which carried a requirement for the landowners to clear the rubbish, Section 70A of the Land, Drainage and Building Act 1974, which provided for a RM50,000 fine and five years’ imprisonment, as well as Section 20 of the Town and Country Planning Act 1976, which carried a RM500,000 fine and two years in jail, upon conviction.
“We have the Environmental Quality Act 1974, which carries the heaviest penalty of RM500,000 fine and five years in jail. We have provisions in the law that prescribe more severe penalties.”
He said he had ordered the state government, through its legal department, to discuss with relevant parties how the state could go forward in imposing heavier penalties.
“The meeting, set for next Tuesday will include parties from the Penang High Court, State Prosecution officer, chief police officer, Department of Environment director, the two local councils, Fire and Rescue Department, Department of Irrigation and Drainage, Health Department and all five district offices in the state.