The Malaysian biodiversity policy and legislations in the context of federal-state relationship. Buletin Persatuan Genetik Malaysia, 19 (1 & 2). ISSN 1394-5750 (2012)
Abstract
The Malaysian biological resources are vital to the nation's economic and social development. As
such, the Government recognizes that biological diversity (biodiversity) is an asset of tremendous
value to the present and future generations. In the aftermath of the United Nations Conference on
Environment and Development (UNCED), held in Rio de Janeiro, Brazil in June 1992, the
Government began to ponder on a strategic direction to conserve and sustainably utilize biodiversity.
Consequently, drafting of the National Policy on Biodiversity began in 1994 by a working committee
headed by the Secretary General of the Ministry of Science, Technology and the Environment
(MOSTE). The final draft was completed in 1996. Finally, it was accepted and approved by the
Government on 16 April 1998. Yet, the Government has not enacted the legislation for the protection
and conservation of biodiversity in the country until today. In spite of this fact, the states of Sarawak
and Sabah have enacted their own legislations. Sarawak enacted its legislation in 1997, known as the
Sarawak Biodiversity Centre Ordinance, 1997. In 2003, substantial amendments were made to the
Ordinance, now cited as the Sarawak Biodiversity (Amendment) Ordinance,2003. Sabah enacted its
legislation in 2000, which is cited as the Sabah Biodiversity Enactment, 2000. The enactment of the
legislations is a manifestation that the two states recognize the significant value of biodiversity in
terms of economic benefits, food security, environmental stability, and scientific, educational and
recreational values. In the Federal Constitution, the topic "biological resources or biological diversity"
is not enumerated in List 1 - the Federal List of the Ninth Schedule. Based on List 2 - the State List,
land and forests are definitively enumerated therein. Furthermore, if any topics are not listed in any of
those lists under the Ninth Schedule, they fall under the stipulation of Article 77 of the Constitution,
which spells out "residual power" upon which states have the power to enact legislations on topics not
enumerated in any of the lists under the Ninth Schedule. Based on Sarawak and Sabah's successful
endeavours and commitment, it is obvious that the Government encourages the independence of states
to sustainably manage and conserve their biodiversity.
| Item Type: | Article |
|---|---|
| Keywords: | Biological resource, Biodiversity, Residual Power |
| Taxonomy: | By Niche > Genome > Genomes |
| Local Content Hub: | Niche > Genome |
| Depositing User: | Rizana Mohd Radwan |
| Date Deposited: | 19 Jul 2024 09:01 |
| Last Modified: | 19 Jul 2024 09:01 |
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