Riparian zone management and rehabilitation in Malaysia through restorative justice

One of the main contributing factors of riparian zone destruction in Malaysia is the encroachment of river reserves by oil palm plantations.Although there are conventional legal mechanisms that deal with the issue, much of the damage has already been incurred.Pollutants such as fertilizers, pesticid...

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Main Authors: Zainudin, Zaki, Ansari, Abdul Haseeb, Baharudin, Harnani
Format: Article
Language:English
Published: AENSI Publications 2013
Subjects:
Online Access:http://irep.iium.edu.my/32915/1/3264-3270.pdf
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author Zainudin, Zaki
Ansari, Abdul Haseeb
Baharudin, Harnani
author_facet Zainudin, Zaki
Ansari, Abdul Haseeb
Baharudin, Harnani
author_sort Zainudin, Zaki
collection IIUM
description One of the main contributing factors of riparian zone destruction in Malaysia is the encroachment of river reserves by oil palm plantations.Although there are conventional legal mechanisms that deal with the issue, much of the damage has already been incurred.Pollutants such as fertilizers, pesticides and total suspended solids (SS) are freely transported to a river in these encroached areas. Sg. Kalumpang in Sabah can register turbidity in excess of 200 NTUs, whereas TSS in Sg. Tiram in Johor was above 100 mg/L. Emphasis on rehabilitation would be more beneficial instead of the conventional punitive approach.The restorative justice concept provides an avenue for this as curative/corrective measures on the part of the offender is given emphasis. For the concept to be practical, several steps have to be taken, that includes inculcation of the restorative justice concept into existing regulations, increasing compound fees for existing environmental contraventions (as a deterrent), exclusion from penalization on the part of the offender if the restorative justice route was taken, as well as stakeholder involvement and coordination. To fully reap the benefits, the concept must also be retrospective of existing environmental damages.
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spelling oai:generic.eprints.org:329152013-12-04T02:57:57Z http://irep.iium.edu.my/32915/ Riparian zone management and rehabilitation in Malaysia through restorative justice Zainudin, Zaki Ansari, Abdul Haseeb Baharudin, Harnani K Law (General) TD Environmental technology. Sanitary engineering TD159 Municipal engineering One of the main contributing factors of riparian zone destruction in Malaysia is the encroachment of river reserves by oil palm plantations.Although there are conventional legal mechanisms that deal with the issue, much of the damage has already been incurred.Pollutants such as fertilizers, pesticides and total suspended solids (SS) are freely transported to a river in these encroached areas. Sg. Kalumpang in Sabah can register turbidity in excess of 200 NTUs, whereas TSS in Sg. Tiram in Johor was above 100 mg/L. Emphasis on rehabilitation would be more beneficial instead of the conventional punitive approach.The restorative justice concept provides an avenue for this as curative/corrective measures on the part of the offender is given emphasis. For the concept to be practical, several steps have to be taken, that includes inculcation of the restorative justice concept into existing regulations, increasing compound fees for existing environmental contraventions (as a deterrent), exclusion from penalization on the part of the offender if the restorative justice route was taken, as well as stakeholder involvement and coordination. To fully reap the benefits, the concept must also be retrospective of existing environmental damages. AENSI Publications 2013-10 Article PeerReviewed application/pdf en http://irep.iium.edu.my/32915/1/3264-3270.pdf Zainudin, Zaki and Ansari, Abdul Haseeb and Baharudin, Harnani (2013) Riparian zone management and rehabilitation in Malaysia through restorative justice. Advances in Environmental Biology, 7 (11). pp. 3264-3270. ISSN 1995-0756 http://www.aensiweb.com/aeb/2013/3264-3270.pdf
spellingShingle K Law (General)
TD Environmental technology. Sanitary engineering
TD159 Municipal engineering
Zainudin, Zaki
Ansari, Abdul Haseeb
Baharudin, Harnani
Riparian zone management and rehabilitation in Malaysia through restorative justice
title Riparian zone management and rehabilitation in Malaysia through restorative justice
title_full Riparian zone management and rehabilitation in Malaysia through restorative justice
title_fullStr Riparian zone management and rehabilitation in Malaysia through restorative justice
title_full_unstemmed Riparian zone management and rehabilitation in Malaysia through restorative justice
title_short Riparian zone management and rehabilitation in Malaysia through restorative justice
title_sort riparian zone management and rehabilitation in malaysia through restorative justice
topic K Law (General)
TD Environmental technology. Sanitary engineering
TD159 Municipal engineering
url http://irep.iium.edu.my/32915/1/3264-3270.pdf
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AT ansariabdulhaseeb riparianzonemanagementandrehabilitationinmalaysiathroughrestorativejustice
AT baharudinharnani riparianzonemanagementandrehabilitationinmalaysiathroughrestorativejustice