The jurisdictional disputes between the federal and state government in Malaysia on environmental issues: water pollution / Muhammad Afiq Audy Basharudin … [et al.]

This paper discussed on the matters of jurisdictional disputes between the federal and state governments in water pollution matters. The aim of this study is to look at the rules and regulations governing the environmental issues regarding water pollution in Malaysia and the jurisdiction of the State and Federal government. This paper also examined the problems that arise if both federal and state governments legislate the environmental issues of water pollution in Malaysia and to propose some recommendations in governing the disputes between the federal and state jurisdiction. The research methodology used is a library-based search and a semistructured interview for gathering information. There is a conflict of jurisdiction between the federal and state government as there is no clear distinction of jurisdiction on environmental matters between the federal and state government under the Federal Constitution. Based on the research findings, cooperation between federal and state government must exist in order to overcome the problem that is by establishing a consultative body to advise the federal and state governments on policy formulation and legislative changes regarding water issues. Besides, based on the constitutional interpretation, the court's role is also required as they have an absolute jurisdiction over environmental issues.