There are several laws to punish errant developers but a measly fine will not deter them from repeating offences related to hillslope development, a prominent lawyer said in Penang today.
Delivering her talk on ‘Laws and Guidelines Relating to Hill Land and Hill Slope Development’ at a dialogue organised by Penang Forum, Agatha Foo proposed that a jail sentence would be more effective to curb errant developers.
“Most developers have deep pockets. A fine of RM5,000 is nothing much to them, so perhaps, even a one-day jail would be good (to teach them a lesson),” Foo said at the dialogue titled “Penang Floods: a call to action” at the Teochew Association on Chulia Street today.
Foo (photo) said existing laws such as Land Conservation Act 1960, Planning and Development Control Policy Plan 1996, Penang Structure Plan 2020 (gazetted in 2007) and Guidelines for Special Projects, 2009, could be used against developers who flout the law on hillside development.
“Where the offence is committed by a corporate body, it’s director, manager, secretary or a similar officer, as well as the body corporate, shall be deemed to be guilty unless the person proves that the offence was committed without his or her knowledge or that he or she took reasonable precautions to prevent it,” Foo warned, citing the law under the 1976 Town and Country Planning Act.
“Under the Street, Drainage and Building Act, a person includes a company, and according to the Subordinate Courts Act, if any corporation is guilty, the court can imprison any officer or the corporation who caused or wilfully permitted or contributed to the offence and also to fine the corporation,” Foo added.
The dialogue follows the massive flood that inundated the island on Sept 15, and the deadly landslide in Tanjung Bungah on Oct 21, that killed 11 construction workers.
The disaster prompted the state government to form a State Commission of Inquiry to probe the incident in detail, while Chief Minister Lim Guan Eng described the tragedy as a "worksite accident".
The dialogue was moderated by Penang Forum steering committee member Ahmad Chik, while soil expert and scientist Kam Suan Pheng and engineer Aziz Noor spoke on causes of floods and on seeking solutions to the problem.
Tanjung Bungah Residents Association spokesperson Meenakshi Raman and Tanjung Court Condominium adhoc residents association representative K Suthakar urged the state elected representatives to raise the issues in the coming state assembly on Nov 2.
Also present at the dialogue were Penang Island City councillor Khoo Salma Nasution, PKR elected representatives Cheah Kah Peng (Kebun Bunga), Norlela Ariffin (Penanti), Lee Khai Loon (Machang Bubok), state opposition leader Jahara Hamid and Umno assemblypersons Muhammad Farid Saad (Pulau Betong) and Shah Headan Ayoob Hussain Shah (Teluk Bahang).- Mkini
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