by Hardev Kaur

New Straits Times, December 7 2007

MALAYSIA released 177.5 million tonnes of carbon dioxide in 2004, or 0.6 per cent of the global total. This translates to 7.5 tonnes of carbon dioxide discharged by each Malaysian. It represents a 221 per cent increase from 1990 and, according to the UN Development Report, Malaysia ranks as the 26th largest source of greenhouse gases in the world.

Green hills such as Bukit Gasing are targets of developers.

This means that car owners need to plant 17 trees every year to counter the greenhouse effect of their iron horses, the equivalent of 17,710km of car emissions. This is unlikely to happen, even as the existing tree crop is being destroyed by illegal loggers and green lungs in urban areas being cut and encroached upon by irresponsible parties in the name of development.

Increasingly, there are reports of developments being approved by City Hall or a local authority in an existing green lung — no matter how small it might be. No thought seems to be given to the need to maintain a certain density of development or for the road system. There is no concern for the need to preserve the biodiversity or to saving the diminishing habitat of birds and animals.

Greedy developers, who are only concerned with making money, do not care for the quality of life of residents or the long-term damage they do to the environment. The local authorities who approve the plans are equally guilty of destroying the environment and creating congestion and pollution. Over-development also gives rise to increased run-off and floods, which are becoming commonplace in the country.

Many examples can be cited in the Klang Valley — Bukit Gasing, Taman Melawati Hill, Bukit Antarabangsa, Damansara Heights and now Bukit Bandaraya in Bangsar. The area is already a concrete jungle, where once it was a green hill. The remaining little green belt has been carved out by a developer for luxury apartments and approved by City Hall. As is usually the case, residents in the area are not informed and only find out from a notice, put up by City Hall, informing them of the development plans.

In some instances, residents in the area wake up to find the green lung already being cleared for development. In yet other instances, despite objections from residents, the proposed development goes ahead destroying the green lung, causing erosion and floods in surrounding areas.

No one is against development. But it cannot be indiscriminate. It must be balanced with due consideration for man and nature. The quality of life must be maintained. It cannot be that local authorities only take into account the needs of the developers. They have a responsibility to the residents and citizens and, yes, the environment.

The development of luxury apartments in the small piece of green lung along Jalan Medang Serai will increase the density in the area by 500 per cent. And that according to the notice put up by City Hall. Constructing luxury apartments on that small piece of land was not in the original plan for development of the area. Then again, has an environment impact assessment been done?

What happened to the need for overall planning with green spaces, places for children to play and mix and for neighbours to get to know each other?

Malaysia is known for its development plans. Not indiscriminate planning as is being demonstrated by some local authorities, planners and developers. They must take stock of the situation and pay greater attention to what their actions can and do lead to — destruction of the environment, floods, erosion, permanent loss of biodiversity and habitats for animals. We do not want concrete hills replacing lush, green hills. Unfortunately, this has already happened in a number of areas.

The carbon emissions in the area will definitely increase with increased traffic. Where are the residents going to plant the additional 17 trees to make up for their carbon footprint? Why not preserve what is already there? It is a small price to pay to preserve the environment — not only for the residents in the area, the small animals and birds that inhabit the area, but also for future generations and the long-term preservation of the environment.

Greed and indiscriminate development is rapidly taking a toll on existing green lungs in urban areas. The Bukit Bandaraya area is only the latest. Many encroachments and rape of green lungs go unreported, and the views and concerns of residents go unheeded.

There seems to be no sense of social responsibility as bottom lines and the rush to get rich quick dictate decisions. The authorities that approve these plans are equally guilty of destroying the environment.

Corporate responsibility does not mean handing out huge cheques, written out to some charity, in the presence of VIPs for a photo opportunity and publicity. Undoubtedly these charities do need help and should be assisted. But there is more to corporate responsibility — it also means taking care of the environment, the needs and concerns of fellow citizens and, yes, even the animals, birds and trees need to be taken into account.

Malaysia’s carbon emissions put it within the ranks of the industrialised nations — but not in a ranking we can be proud off. China, which has come under close scrutiny and has been criticised for pollution, has lower per capita emissions than Malaysia at 3.8 tonnes.

It is time Malaysians, including corporate leaders, developers, local authority officials and individuals, took steps to ensure that the environment is protected.

Let’s be honest and admit that growing 17 trees every year by each one of us to counter the greenhouse effect of the cars that we use will not happen. We should at least make a serious effort not to cut down trees that currently stand in lonely and vastly reduced green lungs, especially in urban and residential areas.

By Abang Mangkin

In an amazing turnaround, the MBPJ is being asked by the state government to take the lead in regreening Petaling Jaya. If this directive by the Selangor Menteri Besar is seriously implemented, it can only be celebrated by PJ folk who have for some time now had to contend with searing heat with nary a sapling to offer shade. Read More →

In February 2007, a group of concerned environmental groups and residents’ associations announced a joint initiative to establish a National Conservation Trust Fund to spur a concerted move to protect the highly threatened green areas in our midst.

Read More →

At the invitation of the government authorities to submit the particular concerns of the section five residents relating to the proposed hillside bungalow development by Gasing Meridien Sdn Bhd, a letter dated March 8 2007 was sent to the Federal Territory Minister’s Office by the Joint Action Committee for Bukit Gasing. It contains queries which the residents would like to be addressed at a technical meeting on April 12 2007. For the benefit of the section 5 residents and other interested parties, the text of the letter is reproduced here.  Read More →

Global warming is a real threat and we Malaysians are just paving the way to our destruction. Malaysia has been labeled the third highest greenhouse gas (GHGs) emitter among ASEAN countries after Brunei and Singapore, largely due to our transportation sector. Read More →

How does our use of electricity affect our weather patterns you may wonder? It is only recently that I myself have become more aware of the connection. Read More →

 by Radzuan Halim

The Sun, June 24 2005

KUALA LUMPUR residents were justifiably shocked to discover that the Federal Territory Ministry had decided that 39ha of Bukit Gasing would be made available for development.

This forms slightly more than 40% of the Kuala Lumpur Territory side of Bukit Gasing, which is one of Kuala Lumpur Territory’s few remaining green lung. Why the shock?
The ink from the profusion of complaints over the Bukit Cerakah debacle is hardly dry, the prosecution process over it is still underway and now we have this disappointing decision.

At the outset let me declare my interest. I live on the edge of the Bukit Gasing green lung on the Petaling Jaya side. But believe me, this rare urban reserve is enjoyed not only by its close residents but by numerous regulars from all over the Klang Valley, some coming as far as 30km.

Everyday and on particular weekends you can expect walkers, joggers, students and hashers to make their way into Bukit Gasing. Make no mistake, we have a valuable heritage here which is in danger of being irretrievably lost.

The Kuala Lumpur and Petaling Jaya parts of Bukit Gasing are a contiguous, integrated piece of green reserve. Its total size is not large by any means. By taking such a large chunk on the Kuala Lumpur side the remainder’s ecosystem, flora and fauna, its water retention capability, its green canopy will be severely damaged.

As it is the wild animals there are already having a hard time with the space available.
A neighbour remarked that the monkeys of Bukit Gasing do not know which part of their abode is Kuala Lumpur and which is Petaling Jaya territory. What they will discover is that there will be much less ground.

When one considers how carefully and jealously park territories are preserved, protected and enhanced in other countries, one must really feel sorry for the Malaysians.

We do not seem to appreciate what we have. Bukit Gasing had been able to survive under four prime ministers, from Tunku Abdul Rahman up to Tun Dr Mahathir Mohamad. It is sad to lose so much of Bukit Gasing during Pak Lah’s watch.
The public had been much impressed by the importance and sense of urgency which the prime minister had displayed when the abuse of Bukit Cerakah’s surrounding areas was highlighted.

The celebrated helicopter ride which the prime minister took in order to see the damage for himself made a favourable impact on the Malaysian public. (Strangely enough some public officials on the same trip could not find any worrying damage done). I would urge the prime minister to take another helicopter ride to survey Bukit Gasing and its surroundings. To enable him to see for himself the integrated nature of this Kuala Lumpur/Petaling Jaya reserve and the benefit which this green lung provides to our already overbuilt, overdeveloped valley.

This proposed Bukit Gasing helicopter trip, however, will be somewhat different from the earlier Bukit Cerakah one. First, in the Bukit Gasing case, the damage to the property had still not been committed, so it would still be possible to avoid any damage.
Second, the Kuala Lumpur side of Bukit Gasing, being part of Federal Territory, comes directly under the federal government’s purview and responsibility.

Third, any decision to allow the destruction of Bukit Gasing by the federal authorities would send a highly unwholesome, yet most welcome signal to the state authorities.
Not only would the Selangor state government start considering the Petaling Jaya side of Bukit Gasing as fair game, in the other states too the knives would be out to carve out similar previously untouched urban greenery. After all, as the saying goes, it is leadership by example. Thus far in the history of federal-state relations, in respect of land use, logging and the environment, the federal government had shown far more concern for the environment, in particular overlogging and protection of water catchment areas.

Now we have a reversal.

There is something very odd, something very wrong, when a major land use decision can be made willy nilly - without any proper technical study undertaken or published, without public inquiry and without any real debate. A land use decision like this would affect thousands of people, large territories around it and with serious environmental implications.

In developed countries, a decision such as this would take up to 10 years or more before final approval could be granted. After all, we are a democratic country subject to the rule of law. In making this decision to allow development of Bukit Gasing the public is told that the remaining area will be “gazetted” as a green lung. It is as if those disagreeing with the decision are being rewarded with the gazetting. But what is the concession to the environment?

The reality is that we used to have 97.3ha of green reserve (KL side) and we will now be left with only 58.3ha. The public had over the decades assumed that all the 97.3ha would remain a green lung reserve. Just look at the maps of the area, all showing green.
What is the benefit from such gazetting. After all gazetted land can be degazetted. The point to be made is that, irrespective of whatever gazetting, the public has a “legitimate expectation”, given its long uninterrupted usage of Bukit Gasing as a green lung, that its rights to continue enjoying it would not be taken away just like that.

“Legitimate expectation”, as developed by the common law, is a right enjoyed by all Malaysians. The principle of “legitimate expectation” is explained as follows ” … even where a person claiming some benefit or privilege has no legal right to it, as a matter of private law, he may have a legitimate expectation of receiving the benefit or privilege, and if so, the courts will protect his expectation by judicial review as a matter of public law.”

Given Bukit Gasing’s long uninterrupted status as a green lung and the application of the “legitimate expectation” principle there are strong legal grounds for a judicial review of the matter.

However, let us hope that the matter does not have to be resolved in the courts. We are a practising democracy. Let the proper technical studies be carried out and revealed, let the rules and regulations be complied with, let us conduct the public inquiries as provided for.

Let not the lessons of Bukit Cerakah be so easily forgotten and let us take the helicopter for a spin.

Radzuan Halim is a former merchant banker who teaches MBA and law students.