Written by: Averroes
(1.0) Introduction
Tasik Chini is surely picturesque, a person would gap their jaw upon witnessing its splendour. This lake is one of the largest natural lakes in Peninsular Malaysia and home to a plethora of species, diverse habitats and exotic ecosystem for our country.
Though, it is not always rainbows and sunshine. For generations, humanity has been dependent on water as a source of sustenance. Particularly, the Orang Jakun that had been residing around the lake lives are at the mercy of this lake.
If the lake's sanctity and purity are incessantly affected, not only the lives of the Orang Jakun are at stake, but other terrestrials, including animals and the floras that flourishes around the lake. Hence, the gaffe transpired when several images of the lake before and after mining activities spread across social media.
Neglecting this issue, it is anticipated that zoonotic disease would frequent and the environment we live in would become unsustainable. Basic needs, such as washing and drinking becomes impossible with faecal coliform bacteria as well, causing itchiness and diarrhea.
(1.1) International Recognition
Bearing in mind is that, Tasik Chini was also designated as the United Nations Educational Scientific and Cultural Organisation Man and Biosphere Reserve since 2009. With the continuous activities of mining and deforestation, this title would be illusory of not respected.
According to a representative from the Energy and Natural Resources Ministry, during the UN Development Programme's Webinar on Ecological Fiscal Transfer in Malaysia, our country is covered in 55.3% rainforest on land mass.
Sadly, only 33.06% was gazetted as permanent forest reserve, while 10% was totally protected areas.
(1.2) The Royalty's Response
The Heir Apparent, King of Pahang, Tengku Hassanal Ibrahim Alam Shah Al-Sultan Abdullah Ri'ayatuddin Al-Mustafa Billah Shah exclaimed that tha the mining activities be halted. His majesty suggested that the area be recovered by planting suitable vegetations.
Moreover, his majesty also took into consideration of expanding the 4,600-4,900 hectares to 7,000 hectares to continue protecting other flora and fauna circumventing the vicinity around Tasik Chini. The response from the royalty came from the reports disclosed by the Chief Minister of Pahang.
(2.0) Legal Analysis
The government and stakeholders have adduced several information and details regarding the mining projects, its impact on the lake's health and the recovery of deforestation surrounding the lake.
As indicted in the case of Southern Mining & Trading Sdn Bhd v United Mining (Singapore) Co Pte Ltd [1975] 2 MLJ 84, the court acknowledged that mining activities were already in existence at Tasik Chini since the 1970s.
The related law to protect Tasik Chini is the Chini Permanent Forest Reserve 2019 (2019 gazette), which prior to that gazetted law, two mining permits were issued. Though, it was not mentioned under what law this gazette was made. Regardless, these mines continued its operation, despite the existence of the gazette law, but it was assured that they would soon expire.
This is one of the efforts taken by the Pahang Forestry Department (PFD) and the Forestry Department of Peninsular Malaysia to alleviate the problems affecting the lake. The Pahang government through the gazette included an expanse of 4,900 hectares for Tasik Chini.
According to the director of PFD, Datuk Dr Mohd Hizamri Mohd Yasin (Dr. Hizamri), as a long-term recovery plan for Tasik Chini, the state executive council agreed to approve a state park reserve area of 4,497.25 hectares to be converted into the Chini Forest Reserve, pursuant to section 7 of the National Forestry Act 1984.
Afterwards, when the Chini Forest Reserve process for gazette is complete, the PFD will propose to the state government that the whole Chini Forest Reserve would then be gazetted as a Protected Forest category under section 10 of the National Forestry Act 1984.
(2.1) Effectiveness of Legal and Executive Actions
Back in 2019, Dr. Hizamri said that the State Government Council Meeting on 6th March states the 2019 Gazette would protect the lake from mining and logging. He ensured that since 2014, no illegal logging was detected and licensed ore mining around the lake would end its operation in October 2019.
In July 2020, the state government instructed the PFD to expedite rehabilitation activities on 0.45 hectares mine encroachment into Tasik Chini. It was implemented with cooperation with the private sector under their corporate social responsibility practices.
Since 2018, the PFD collaborated with the Energy and Natural Resources Ministry, that they planned a Social Forestry Pilot Project with the Orang Jakun. The community of the Orang Jakun were in Kampung Gumum and Kampung Melai, Pekan.
Yet, the effects of pollution and deforestation are still visible. The Pahang Enviornment Department (DoE) defended that despite online circulation of environmental degradation, they argue on the contrary.In a data collection in 2020 until March 2021, the water was all clean and safe for all living creatures, especially those living there.
(3.0) Current Actions Taken
Fast forward to June 13, 2021, the issue still remains persistent. 3km away at the southeast portion of Tasik Chini, mining operations were approved that stirred controversy. However, the executive summary of the project's environmental impact assessment (EIA), the 40.51 hectares mining project site was actually located outside the Tasik Chini gazetted area.
This was defended by the Pahang Land and Mines director's office and he also denied allegations that the water was polluted. He gave a statement on 12th June that there should be no mining works near the lake anymore next year, once the license of the two existing operators expired, granted back in 2019.
In the meantime, the Rakyat lamented the royalty for their betrayal. This raises suspicion and anger of the people of the government's and royal house pledge. This came after on 3rd June 2021, an online portal reported that the Pahang government gave the green light for mining operations in the vicinity of Tasik Chini in Pekan to a royal-linked company.
Dr. Hizamri in a recent statement states that the state government begun to galvanize efforts to rehabilitate the mining areas with an expenditure of RM250,000. Another RM10 million will be allocated from several sources to rehabilitate an area of 202.34 hectares.
This fund would be enforced mainly in the buffer zone area of around 1.312 hectares by planting various species of bamboos, ground cover crops and suitable high-value commercial species such as the Merawan Siput Jantan and Meranti Temak Nipis trees.
Action was also taken to stop operations of any lessee or mine operator inside the Tasik Chini area promptly. There is an exception for this, unless there is non-compliance with the approval conditions of mining activities.
A "1 Pokok, 1 Rakyat Negeri Pahang" campaing was initiated by the Pahang state government with the local community which targets to plant 5 million trees by 2021. This is in tandem with the Greening Malaysia Programme which sets up to 100 million trees planted by 2025.
(4.0) Conclusion
Despite sudden action taken by the state government, we have not seen the fruits of the action taken. We would have to wait and see the outcome, or will this problem exacerbate to a more painful degree?
(5.0) References
A. Aldrie Amir (2021, June) Reminder of crucial need to protect our forests, lakes. Retrieved from, https://www.nst.com.my/opinion/columnists/2021/06/699122/reminder-crucial-need-protect-our-forests-lakes
Astro Awani (2021, June) Pemangku Raja Pahang mahu aktiviti perlombongan di Tasik Chini dihentikan. Retrieved from, https://www.astroawani.com/berita-malaysia/pemangku-raja-pahang-mahu-aktiviti-perlombongan-di-tasik-chini-dihentikan-303103
Bernama (2019, April) Tasik Chini gazetted as permanent forest reserve. Retrieved from, https://www.nst.com.my/news/nation/2019/04/478005/tasik-chini-gazetted-permanent-forest-reserve
FMT Reporters. (2021, June) Tasik Chini is clean, says Pahang DoE. Retrieved from, https://www.freemalaysiatoday.com/category/nation/2021/06/10/tasik-chini-is-clean-says-pahang-doe/
New Straits Times. (2021, June) No end in sight for Tasik Chini's mining activities. Retrieved from, https://www.nst.com.my/news/nation/2021/06/696701/no-end-sight-tasik-chinis-mining-activities
Sean, O. (2021, June) Serious efforts undertaken to preserve Tasik Chini, says Pahang Forestry Dept. Retrieved from, https://www.thestar.com.my/news/nation/2021/06/13/serious-efforts-undertaken-to-preserve-tasik-chini-says-pahang-forestry-dept
T.N.Alagesh (2021, June) Works to expand Chini forest reserve underway. Retrieved from, https://www.nst.com.my/news/nation/2021/06/698905/works-expand-chini-forest-reserve-underway
Roselan Ab Malek (2021, June) Kerajaan Pahang komited pulihkan Tasik Chini. Retrieved from, https://www.bharian.com.my/berita/nasional/2021/06/827997/kerajaan-pahang-komited-pulihkan-tasik-chini
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