Sarawak passes Environment Bill, 2023

SARAWAK’s landmark Environment (Reduction of Greenhouse Gases Emission) Bill, 2023 was unanimously passed in the State Legislative Assembly (DUN) tonight.

Deputy Minister in the Premier’s Department (Law, MA63 and Federal-State Relations) Datuk Sharifah Hasidah Sayeed Aman Ghazali in her winding up speech said the bill on greenhouse gas emission reduction is a testament to Sarawak’s dedication to responsible development and the betterment of the state under the visionary leadership of Premier Datuk Patinggi Tan Sri Abang Johari Tun Openg.

“Our aim is clear, that is to reduce carbon emissions by at least 45 per cent, increase green job opportunities, empower small and medium enterprises, and equip Sarawak with sustainable infrastructure by 2030,” she said.

Sharifah Hasidah. Photo: Ramidi Subari

To achieve a net-zero emissions future, she said innovation is crucial and hence, Sarawak will encourage the development of new technology and solutions that can reduce greenhouse gas emissions and promote sustainable practices.

“We will work with stakeholders, including the private sector, civil society, and international partners, to achieve our sustainability goals.

“The new bill on greenhouse gas emission reduction is not just a legislative measure; it is a testament to our commitment to responsible development, environmental sustainability, and the well-being of our people,” she said.

Earlier, during the Second Reading of the Bill, Hasidah said the bill is designed to safeguard Sarawak’s environment through strategies to reduce the emission of greenhouse gases.

“Malaysia is committed to reducing greenhouse gas emission intensity by 45 per cent by 2030 compared to 2005 levels. Additionally, the nation aims for carbon neutrality by 2050, as per the Paris Agreement of 2015.

“Likewise, Sarawak is dedicated to addressing climate change by lowering greenhouse gas emissions and adopting strategies aligned with the global target of achieving net zero emissions by 2050, which also falls under the state’s Post-Covid-19 Development Strategy 2030, focusing on environmental sustainability,” she said.

She stressed that under international law, Malaysia as a sovereign nation has to be a party to treaties as such the Paris Agreement, and the federal government has the duty to fulfil obligations under singed by Malaysia.

“However, how such treaty obligations are to be fulfilled should be governed by the laws of our country, in particular by the supreme law, which is the Federal Constitution,” she said.

She said Parliament has not in pursuance of Article 76 passed any law to implement obligations entered into by Malaysia under the Paris Agreement and the state government has not been informed nor consulted with regard to any bill introduced in Parliament to bring into force any provisions of the Paris Agreement in the Federation.

“Therefore, the state government is taking the initiative to introduce this bill, aiming to regulate greenhouse gas emissions, promote carbon capture and storage, and mitigate climate change effects to achieve net zero carbon emissions by 2050,” she said.

Environment, she added, is a multi-faceted and multi-dimensional concept and includes matters such as climate change, reduction of greenhouse gasses emission, capture and storage of carbon dioxide, all of which have an effect on the environment.

“The subject of ‘Environment’ is not explicitly listed in any of the legislative schedules in the Ninth Schedule of the Federal Constitution. As a result, it falls under the residual legislative power of the state legislature, as outlined in Article 77 and this means that the state may make laws on the environment,” she said.

She added Forests, Land and Water are subject matters in the State List in the Ninth Schedule of the Federal Constitution by virtue of Article 74 (2).

“Hence, only this august House has the constitutional authority to pass laws relating to forests and land.

“This legislative power covers all matters related to forests and land that are within the boundaries of Sarawak, up to the continental shelf of Sarawak,” she said.

Additionally, she said the legislative power also covers the state’s right to regulate activities or projects like afforestation and reforestation in the forests to mitigate the effect of climate change and the use of state land for carbon storage, as well as any financial benefits derived from such projects or activities.

Earlier, 17 assemblyperson debated on the bill.