Losing Sight of Human Factor
By Pang Hin Yue

BT 15/10/1996 NST journalist bags EJA grand prize
NEW Straits Times reporter Ms Pang Hin Yue walked away with RM6,000 at the ICI-CCM Environmental Journalism Award 1994-1996 held in Kuala Lumpur yesterday. Pang's series of three articles entitled "Losing Sight of Human Factor" which examined the human factor as a crucial element in development; and how it is often overlooked by developers, won her the grand prize for 1994/95.

NST-LTIMES 22/10/1996 Life & Times reporter stands out for her articles
AS the country develops at a frenetic pace, we have tried, through our environment pages, to keep readers informed of the possible side-effects of growth and development. For five years, we have done this through the writings and contributions of individuals who have felt concerned about the state of the environment in this country

The human factory is a crucial element in development. But often, it is overlooked when it involves a struggle between urban settlers and developers over land, writes PANG HIN YUE in the first of a three-part series on conflict in land use and its implications for the environment,

Settlers want fair compensation

Inaccessible by car, Kampung Sungai Rumput in Selangor is in striking contrast to what lies beyond the hill where it is nestled. On the other side are the busy Damansara Expressway, the exclusive Tropicana Golf Club and the affluent Bandar Utama housing estate.

In the village at the edge of the Sungai Buloh Forest reserve, families live in wooden houses, tending their fruit orchards, poultry farms and fish ponds. Their yields have been bountiful, thanks to the assistance of the agriculture and fishery departments.

With hot springs, crystal clear water from nearby streams and nature at their doorstep, the villagers, who have been living in Kampung Sungai Rumput for the past 15 years, could not have asked for more.

But with land becoming an expensive commodity in the Klang Valley, their way of life threatens to come to an end. In true pioneer spirit, villagers like Abu Bakar Hamzah, Madam Cheah Chun Ho and Abdul Rahman Ahmad are fighting to keep their houses and their livelihood intact.

Punca Alam Sdn Bhd, a joint venture between the Selangor State Government and Irama Sejati Sdn Bhd, is bulldozing some 174 hectares, including Kampung Sungai Rumput, for a RM491 million housing scheme and an 18-hole golf course.

Slated for completion in eight years, the project will have 2,600 residential units, of which 1,396 will be condominium units. Townhouses and semi-detached houses are also planned.

Punca Alam in which the Selangor State Government holds a 20 per cent equity through Perbadanan Kemajuan Negri Selangor (PKNS), and Irama Sejati the remaining 80 per cent ñ is forecast to garner RM584 million from sales.

But to Abu Bakar, a former senior naval officer who has opted for a rustic lifestyle, the multi-million ringgit project has dealt a blow to his agricultural dreams. He has lost his home and farm on which he had worked for a decade. He now stays with his daughter in the same village but she is likely to suffer the same fate too.

Determined to seek compensation and a return to his farming lifestyle, he and 16 affected families are seeking court intervention with the help of the Urban Settlers Support Committee.

"When I first came here, it was still a jungle. But little by little, we cleared the area for cultivation. We have fish, goats, chicken, fruits and vegetables, most of which are sold at the pasar tani.

"It is so peaceful here. We get fresh, clean water from the streams and each morning, we can hear the birds singing.

"But due to the impending project which has resulted in much uncertainty, we have already stopped tending some of our ponds and vegetable patches.

"What benefit can be get from a golf course? At most, our children will become caddies," he says.

Abu Bakarís repeated appeals to Selangor Menteri Besar Tan Sri Muahmmad Muahmmad Taib to "endorse" Kampung Sungai Rumput as an agricultural village have gone unheeded.

Adds Cheah, who has also been served with an eviction notice: "We farmers have been asking for Temporary Occupancy Licences (TOL) for years but couldn't get them. But Punca Alam, within three months got the permit to develop the land."

"Given a choice, we want to remain here. If we can't, the least the developer can do is to provide an alternative site so that we can carry on with our farming. We must be fairly compensated."

Those who received compensation were only given RM8,500 each by the developer, who claimed that it was equivalent to two years' rental.

But the farmers of Kampung Sungai Rumput are not alone in their struggle for survival in a rapidly urbanising nation.

The huge signboard erected at the junction leading to Kampung Chubadak Tambahan of Sentul in KL beckons middle-class Malaysians to buy "Riverside Condominiums." Touted as, "KL's Next Growth Centre". The housing developer ñ Sentul Murni Sdn Bhd, even has a slogan "Love The Beauty Of Your Dream Township" (Cintai Keindahan Bandar Idamanku).

But a drive to the project site will jolt one into harsh reality. There are no rivers. Instead, there are wooden houses which have spouted over the last 50 years which some remaining 500 working class families still call home.

Among the residents is Ahmad Amiruddin, Kampung Chubadak Action Committee chairman. On the left of his house, a 13-storey condominium is coming up and on his right, piling work is in progress. In front of his porch, what used to be his neighbour's house has been reduced to rubble Sentul Murni intends to build a swimming pool there.

The incongruous juxtaposition of dilapidated kampung houses and the towering structures which Sentul Murni is putting up is a reminder of how the urban poor have been pushed to the periphery. They are the victims of unplanned development and of politicians' broken promises.

The incessant pounding from the piling is not only driving the residents up the wall, but threatens to shake the foundations of their houses. Extensive digging has resulted in floods whenever a downpour occurs.

Mani Putihís house is perched barely a metre away from a deep cavity where piling work is being carried out. She faces the ever present threat of collapse and flash floods.

"Every time it rains, my house gets flooded, silt and mud flow everywhere. But where can we go "kita orang susah (we are poor people)".

The nightmare began in 1993. Until then, the residents of Kampung Chubadak Tambahan had been living quite contentedly, enjoying basic amenities like electricity and piped water supplied by the Government. But after more than 30 years of bliss, Jemilah Mohd, Sharipah Md Yusop and Siti Salmiah had a rude shock.

Without any warning, bulldozers came and began clearing the pre-war ex-mining land. Since then, the community has joined forces to fight for their right to stay put.

"We do not want to be refugees in our own country," cried Siti Soleha, a housewife, she was among the few who were arrested in February when they confronted the developer over the noise and air pollution from the piling work.

Says V. Selvam, co-ordinator of the Urban Settlers Support Committee ñ a non-governmental organisation which is helping the community in their fight. The only recourse for Kampung Chubadak folks is to present to the court evidence that they have rights over the land, which they say is Malay Reserve land.

In the early part of the century, the area was administered by the Village Development and Security Committee before it was taken over by Kuala Lumpur City Hall in 1974. On January 1976, the Federal Territory Land Committee made a decision to transfer the rights to the people, but it was never carried out.

Until the arrival of Sentul Murni and its bulldozers, no one really bothered about land titles because as early as 1962, the then MP for Setapak, Idris Basri, had already declared in a document that the area was Malay Reserve land. "Now we have to prove to the court that it is. If we succeed, it means that Sentul Murniís project is illegal," explains Amiruddin.

The two cases demonstrate that with careful planning, perhaps none of the tensions between developers and the residence need have arisen.

Universiti Kebangsaan Malaysia socio-economist Dr Asmah Ahmad says human survival is a very crucial factor in development but it has always been overlooked. As a result, displaced communities like urban squatters are constantly subject to trauma and stress.

For instance, Environmental Impact Assessment (EIAs) emphasise mitigative measures to protect the environment but little priority has been placed on examining the socio-economic impact on communities affected by the projects.

"It is time the human survival aspect be considered in all spheres of national planning," she adds.

Urban Settlers Committee chairman Dr Mohd Nasir concurs with Asmah. He argues that ignoring the needs of the squatters would result in social problems.

To him, the biggest polluters are not the urban settlers but the developers. "They have violated all the rules. Look at the rate at which trees are felled and the heavily silted rivers from massive soil erosion ñ damage caused by developers.

"Where there is degradation to the environment, there is also degradation of the community."

Like any other well-meaning Malaysians, Dr Mohd Nasir calls for proper development planning and greater co-ordination among enforcement agencies.

SITING, ZONING MANDATES A MUST

Rapid urbanisation has put a strain on our land. If steps are not taken now to ensure land is managed in an environmentally sound manner, it will result in the depletion of the countryís vital resources, writes PANG HIN YUE in Part Two of a three-part series on conflict in land use and its implications for the environment.

How we utilise our land will decide whether Malaysia will achieve sustainable development or suffer economic setbacks.

Conflict in land use, whether due to oversights or greed, will not only produce flash floods and the displacement of people, but it will also create bottlenecks in our economy. It has direct consequences leading to the depletion of our agricultural output and marine resources.

However, if land is managed prudently, essential resources for future generations will be safeguarded. For instance, adequate water supply which is crucial to Malaysiaís industrialisataion, depends on how much we protect our forests as catchment areas.

Likewise, if the siting of toxic waste-generating industries within residential areas goes unchecked, the clean-up cost from soil contamination may be colossal.

A United Nations funded study entitled Planning for Environmentally Sound Development in Malaysia notes that poor planning, lack of co-ordination among Federal and State agencies and conflicting policies are the root causes.

The key to overcoming these problems lies with the State governments who have control over land, forest, water and other resources. Moreover, legislation such as the Land Acquisition Act give the State government the added power to take any land regardless of its status, for economic pursuits.

Although there is a technical committee which comprises representatives from the department of Works, Town and Country Planning (T&CP), Drainage and Irrigation (DID) as well as Land and Mines to assist the State Executive Councils (Exco) on land matters, the committeeís views can be overruled by the Excos.

"We, at Federal Government level, have no power over land conversions, even though we may object to it," explains Land and Cooperative Ministry secretary-general Dr Nik Mohamed Zain Yusof.

An inherent problem for the T&CP and Forestry departments is the absence of a national land use plan. Without it, they lament, it is difficult to ascertain the rate at which land is being developed, and to monitor its status. For instance, it cannot be determined how much of forest areas are being converted to agricultural land and how much of the latter have changed hands for housing and industrial development.

The situation is aggravated by the fact that the Department of Environment (DOE) is not included in the technical committee advising the Excos on land matters. Neither is the DOE consulted when the State governments carry out land alienation and conversion. Thus, large-scale assessment by the DOE on the soil suitability, the geo-hazards, and the impact potential development would have on nearby communities, cannot be made.

Asserts DOE director-general Datuk Dr Abu Bakar Jaafar. "As the DOE is entrusted to monitor the state of the environment, it should then be included in the technical committee.

The departmentís only avenue of regulation is through Environmental Impact Assessments (EIAs). Among the 19 types of activities subject to EIAs are housing development of 50 hectares or more, chemical industry and resort development.

But says Abu Bakar, it is too late because by then, the State government has already alienated the land. The developer has little choice but to go ahead with it even though the project site may be unsuitable.

If however, the developers and manufacturers are committed to ensuring their projects are environmentally sound, even though their projects are not subjected to the EIA regulations, they should come to the DOE for site suitability evaluation, adds Hasmah Harun, the departmentís director of EIA.

She explains that the site is assessed in terms of its compatibility vis-à-vis gazetted structure/local plans of local authorities, surrounding land use, provisions of buffer zones, the capacity of the area to receive additional pollution loads and waste disposal requirements.

Furthermore, the DOE has prepared the siting and zoning of industries guidelines which outline specific buffer zones for respective sectors. For instance, under its revised zoning for the petrochemicals industry, no housing should be allowed within a 500-metre buffer zone.

But, admits DOE enforcement director Rosnani Ibrahim, to safeguard local communities from industrial pollution, the siting and zoning procedures should be mandated.

"The State governments should make the guidelines part of their laws and conditions when approving projects. Only then, will they be effective," she says.

Adds land studies expert at Universiti Kebangsaan Malaysia (UKM), Dr Sharifah Mastura Syed Abdullah, one option that should be explored is to compel developers to buy the buffer zones besides the plots for their factories. This is to prevent conflict in land use.

As an illustration, the Terengganu State government has ignored the necessary provision of a buffer zone for the petrochemical plants near Paka. It has approved four of its State Economic Development Corporationís housing projects within the buffer zone, thus increasing the risk factor to dwellers on the proposed schemes.

Proper planning goes a long way towards protecting the human and natural resources which the nation depends on for its economic success.

Take for example Kuala Lumpur and its surrounding areas. Urbanisation at breakneck speed has led to social and environmental woes. The urban poor have been displaced to make way for the burgeoning middle class while extensive hill clearing upstream has led to higher incidence of flash floods downstream.

The threat to public safety from the colossal amount of soil loss from land clearing is every present. The lesson from the Highland Tower tragedy in Hulu Kelang, Selangor is somewhat lost, going by the soil erosion risk analysis conducted by the DID and the DOE.

Their studies have shown that several areas in the Klang Valley are facing severe soil erosion due to rapid development and the absence of mitigative measures during land clearing like stormwater retention ponds, silt traps, slope stabilisation and turfing.

They include the upper catchment of the Klang River basin ñ namely Hulu Klang, Batu and Setapak districts ñ and the affluent high-density areas of Bangsar and Damansara (see chart).

Aided by the Geographical Information System (GIS) and using the international classification of soil risks, the DOE is able to establish areas which show that if ad hoc planning persists, severe soil erosion will go on unabated, destabilising building structures and risking public safety.

According to DID Federal Territory director Tan Jiak Kim, development upstream of the Klang River had led to soil losses of 2.32 million tonnes per annum, which is equivalent to 100,000 lorry loads. More than half of the amount goes into rivers, exceeding their carrying capacity.

"This explains why rivers overflow, resulting in flash floods and homes being inundated. Until and unless upstream development is controlled, there will be no end to the problems of flash floods," he explains.

Another aspect of the importance of proper land management is to conserve remaining forests.

Deforestration and encroachment into water catchment areas have led to water shortages. Malaccaís experience of a severe water crisis in the early Nineties was a result of extensive forest clearing. Similarly, Perlis, Kedah, Penang, Selangor, Kuala Lumpur, Negeri Sembilan and parts of Johore have been identified by the DID as water stress areas because of indiscriminate development.

In a hydrologic cycle, forests act as a storehouse for rainwater and the vegetation covers serve as an anti-erosion agent. They are also good local climate control besides being a haven for diverse flora and fauna species.

While provisions are made to ensure Malaysia enjoys a steady income from timber, it is also equally important that priority be given by the State governments to gazette forests into protected reserves. By doing so, says Forestry Department director-general Datuk Ismail Awang, it will ensure Malaysia has a sustainable supply of water to meet the growing needs of the population and industry.

But, adds T&CP director-general Datuk Zainuddin Muhammad, having to convince the State governments of the need to preserve our forests, is proving to be an uphill task.

"Many still hold the outdated view that preserving forests is anti-development, without realising that forests play a key role in ensuring a steady supply of water for industrialisation.

"For instance, the Pahang Government allows extensive logging in the State because it feels that it does not need so much water for its small population. But when the matter is viewed holistically, we will see that preserving forests in Pahang as water catchment areas is crucial to the national water supply."

Given the projection that Malaysiaís water demand will surge to 13.2 billion cubic metres by the year 2000 from a volume of 10.6 billion cubic metres in 1990, the prudent use of land resources is of paramount importance. If we disregard the role the forest plays in sustainability by opening up more land in the name of development, Malaysia will be dogged by water shortages.

A CENTRAL DATABANK FOR LAND USE

Sustainable land use can be achieved with the move to make development projects more transparent, writes PANG HIN YUE in the final part of a three-part series on conflict in land use and its implications for the environment.

Conflict in land use may come to an end in the next five years if the Ministry of Land and Cooperative Development has its way. Its secretary-general Dr Nik Mohamed Zain Yusof discloses that the National Land information System (NALIS) will be launched next year. It is a centralised database on land conversion, utilisation, planning, alienation and ownership. Data on soil suitability, geology and ecologically sensitive areas will also be fed into the system.

Essentially, it is to help State governments and relevant authorities to make informed decisions on land use and allow the Federal government to effectively monitor development. This pioneering effort at Federal level will mean greater transparency, and reduce chances of power abuse.

"At present, such information (on land use) is with the State Governments and most have yet to go on-line. This has resulted in inaccurate data and there have been instances of files going missing," says Dr Nik Mohamed.

The Ministry has enlisted Renong Sdn Bhd to conduct a RM500,000 six-month study on data collation on land use from Federal and State agencies and devise an information system to enable end-users to source for specific information on-line.

"If all goes well, a pilot project in Kuala Lumpur will be launched next year to test NALIS. We hope that by the end of the Seventh Malaysia Plan (the year 2000), the system will be implemented nationwide."

Nik Mohamed explains that at present, data on land matters of departments like Agricultural, Town and Country Planning, Works, Environment and Drainage and Irrigation are stored at their respective offices. The absence of a centralised database has resulted in duplication of work.

For instance, the DOE has its own Geographical Information System (GIS) to help in its Environmental Impact Assessments (EIAs) while the Forestry Department is using different software to map forest reserves.

But with NALIS, all these will be co-ordinated and channelled into a central system.

The Land Acquisition Act, criticised for allegedly allowing power abuse, is being reviewed by the Ministry and the Attorney-Generalís Chambers. This follows a directive from Prime Minister Datuk Seri Dr Mahathir Mohamad before the recent general election.

"The review is to protect land owners while the nation proceeds with development," says Nik Mohamed, particularly Section 3B of the Act, which allows private developers to acquire land for economic development.

Nik Mohamed argues that although there has been criticism of Section 3B, there is still an avenue for check and balance: "Any acquisition of land under Section 3B must go through a panel at State level presided over by the director of the Planning Committee, State Secretary and the director of Land and Mines department. Once completed, recommendations go to the Exco."

Even so, there is currently no way of determining to what extent this Act was used in land conversion or acquisition for development because the whole business is entirely the prerogative of State governments, which in addition have their own legislation affecting land."

In another move to improve land management, the Town and Country Planning Department is proposing the creation of the National Physical Planning Council this year. Its director-general, Datuk Zainuddin Mohammad, explains that the council, to be headed by the Prime Minister - to coordinate and regularise planning, particularly - outside the boundary of local authorities.

Currently there ís no agency at national level to deal with this, and there ís no forum for State Planning Committees to meet. With the proposed council, both Federal and State governments can discuss planning issues."

The department hopes that eventually "every inch of the country will come under the local authorities," Zainuddin says that to do so, the local authorities must gazette their respective structural plans. They have been given until the end of this year to complete the exercise.

But progress has been slow. Of the 96 local authorities in peninsular Malaysia, only 30 per cent have gazetted their structural plans. Another 56 are in the process of doing so while the remaining 11 have completed structural plans but have not gazetted them. Pahang is the only State which has not gazetted any of its 10 structural plans.

Using international planning standards, structural plans are based on the interpretation of the national and State policies and projected population threshold. They, in turn, provide a framework for local plans which indicate areas for development.

"It ís important that structural plans are gazetted because that ís the only way local authorities can ensure that all development is within stipulated limits," says Zainuddin. "This is to avoid situations where an area which is designated for 100,000 persons ends up with 250,000, resulting in road congestion among other things." He, however, acknowledges that local authorities have many shortfalls.

Gurmit Singh, advisor to the Environmental Protection Society of Malaysia (EPSM), says pollution woes like soil erosion and clogged drains are the undoing of local authorities.

"The reason why they got away with inefficiency is because they were not elected by the community," he said. "They are appointed by politicians in the State Exco and thus, are not answerable to the public."

On this, Zainuddin says the State Excos as "parent" to the local authorities have the power to reprimand them if they fail to deliver. However, even he admits that such powers have never been exercised.

At project level, says DOE director-general Datuk Abu Bakar Jaafar, there is an urgent need to compel developers to minimise soil erosion. At present, the Housing Developers Regulations 1989 is silent on mitigative measures for clearing land.

During site clearing, Abu Bakar says, major considerations include preservation of selected trees, construction of temporary drainage and erection of stormwater retention ponds and silt traps.

Dust control, slope stabilisation and turfing, permanent silt traps and proper drainage systems must be in place when carrying out earthworks. And when it reaches construction stage, there must be noise and dust controls, road finishing and commissioning of waste, wastewater and sewage treatment systems.

"All these help reduce landslide risk and soil erosion besides minimising such expensive remedial works as desilting and river chanelling. In doing so, public expenditure and such negative impacts as flash floods, traffic jams and air pollution will be significantly reduced,: concludes Abu Bakar.

EIA consultant A. Sekarajasekaran, managing director of Erinco Sdn Bhd, says soil erosion in urban areas will not cease until there is a river basin management authority. With an authority managing rivers, he argues, indiscriminate logging upstream as well as urban settlement and pig farming along river banks could be kept at bay.

Gurmit Singh says the Barisan Nasional Manifesto on preserving and enhancing the environment is a good reminder to State governments and relevant authorities to ensure they live up to promises, one of which includes, "a planned and responsible utilisation of natural resources including forests." At the end of the day, it is political will that is crucial to sustainable land use.

Picture captions

1. Squeezed out: the site where these children are playing is to be turned into a swimming pool for the condominium project seen in the background. Photo: Zahari Zakaria.
2. United: Kampung Chubadak women are fighting to stay put in the village.
3. Selvam: Aid for displaced settlers
4. Mohd Nasir: Protect settlers
5. From fish pond to golf course: A golf course is planned at this site in Kampung Sungai Rumput. Photos: Zahari Zakaria.
6. Soil erosion risk analysis: For Bangsar/Damansara and Highland Towers areas
7. Abu Bakar: Urgent need to compel developers to minimise soil erosion.
8. Zainuddin: Vital to have a council to coordinate the regulate planning
9. Gurmit Singh elect local authorities

J) Status of Structural Plans in Peninsular Malaysia up to Jan 1995