THE LEGAL FRAMEWORK FOR WATER POLLUTION IN MALAYSIA: AN ANALYSIS

Abstract

Despite the increasing importance of water resources sustainability in the country, river pollution issues in Malaysia remain critical and unresolved. This paper focuses on the legal framework concerning water pollution in Malaysia as a means to identify some possible gaps since the Federal Constitution was drafted post-independence, albeit with latter revisions and amendments. Data were obtained from documents retrieved from primary and secondary sources. Analysis of data showed that serious water pollution issues can be dealt with through several options. First, to examine existing constitutional provisions, laws and policies and to identify the gaps, and where necessary, to address the shortfalls. For instance, to amend the constitution so that there is a clear definition of “environment”. Second, to consult the National Land Council in matters involving the State and Federal. This paper contributes to literature by offering insights into the possible measures in tackling water pollution issues, despite the gaps existing in the constitutional provision, which had not been explored in the same level of detail in existing literatures.