Wednesday, July 18, 2007

REHMAN RASHID: Salute to a failed venture in waste disposal

NST Online » Columns, http://www.nst.com.my/Current_News/NST/Tuesday/Columns/20070717093502/Article/index_html
2007/07/17
REHMAN RASHID: Salute to a failed venture in waste disposal
By : REHMAN RASHID

THE final a-Broga-tion of the RM1.5 billion incinerator project evoked in me mixed feelings of relief and regret.

Regret, because I’d met some of the technology’s developers, having visited Japan in 2003 on a fact-finding tour of their operations. I am sorry that my Japanese acquaintances had to spend five years of their lives and careers in the limbo of this project, only to wind up having to pack up from their KL condos, get their kids out of international school and go home with nothing sold, nothing built, nothing done. This won’t look good on their resumès.

Relief, because having seen how well this technology served its purpose in Japan, I deeply doubted it could work here. The Ebara Corporation of Japan had offered Malaysia incinerator technology that was all about phase transitions. Operating at higher temperatures than other systems, the process melts solids into liquids, vaporises liquids into gas, then breaks down gasses to reduce emissions to a tenth or less of World Health Organisation standards.

What ash remains is itself melted into an inert slag that can be turned into paving bricks and road surfacing. They were thinking up new uses for it all the time.

The Japanese were rightly proud of their technology. Their plants were spotless; their floors polished to the semblance of still waters. They were run like supertankers: totally computerised and automated; operated by about 20 technicians in glass-walled control rooms.
Apart from the receiving bays and conveyor belts where the garbage was sorted on its way to fiery oblivion, all spaces occupied by humans were hermetically sealed, smelling of naught but a muted hint of air freshener. Yet, the entire process from silo to smokestack was visible on banks of plasma-screen CCTV monitors. There were even cameras trained on the top of the chimney, or "flue exhaust", out of which there appeared nothing at all; not even a heat shimmer.

Sato-san, my corporate guide (not his real name, of course, he has enough troubles as it is) told me sticking one’s head down that pipe would be less harmful than smoking a cigarette. (He later provided data to back up that assertion, along with the WHO factoid cited above.)

But this did not accord with the anxieties of the people of Broga, Semenyih, Selangor, who feared a cancer factory on their doorstep; a monstrous polluter outrageously posing as a pollution solution. Their campaign made graphic use of Industrial Revolution imagery: Black clouds billowing from a 19th-century factory chimney.

Sato-san was deeply hurt by this. His company’s plants, though not exactly inconspicuous, were physically no more obtrusive than modest shopping malls, to which he’d noticed scant aversion among Malaysians. In some parts of Japan, they were shopping malls. There was one model project where a revolving restaurant had been built halfway up the incinerator flue.

The safety of these facilities and the innocuousness of their emissions was clear for everyone to see. After all, said Sato-san, resting his case, weren’t the Japanese the longest-lived people in the world, with the lowest incidence of cancer and heart disease?

Ruefully, I had to tell him that, despite the best efforts of certain former administrations, Malaysians had not demonstrated much of an aptitude for turning Japanese. For instance, see how Japanese households so neatly separate their rubbish into colour-coded bags of glass, plastic, paper and organic waste.

See how garbage trucks are really vans, compact enough to scuttle about the narrow warrens of Japan’s neighbourhoods, serving communities and not conurbations. See how waste incinerators snuggle up to municipalities, located conveniently enough for people to drop off their rubbish themselves.

This was why the incinerator had been originally slated for Puchong, smack-dab in the middle of the Klang Valley’s industrial suburbia. The system was designed to operate in intimate symbiosis with trashmakers.

But though "small is beautiful" in Japan, Malaysia had been raised to think mega. The plant was to be four times bigger than anything Ebara had built before. The people of Puchong had protested mightily, and the project had been relocated out of town to the rural enclave of Broga, whose people had also protested mightily.

In the end, after years of trouble and expense for the project contractors, maintaining offices and staff here, diverting resources from other projects, and suffering terrible public relations, the Malaysian government axed the project on the basis of unacceptable cost.

This was the right call. For the 1,500 tonnes of garbage a day the plant was to have processed, 1,000 lorries a day would have had to lumber and splatter to and fro, wrecking existing roads and requiring new ones. While the plant itself could be run by a couple of dozen technicians, a small army of manual workers would have been needed to sort the rubbish Malaysian households will probably never bother sorting themselves.

And the protests. And the lawsuits. And the political fallout: manna from heaven for the opposition; flaming meteorites for the government.

Sayonara, Sato-san. It’s not that your technology is not fit for this country; this country is not fit for it. We’ll have to find other ways to avoid living amid mountains of garbage with lakeside views of cesspits. Our most promising innovation in waste management so far: The Klang municipality’s offer of 10 sen per kilo for rubbish, encouraging the theft of garbage instead of scrap metal.

Thursday, July 12, 2007

旺姐:撤焚化炉彰显人民力量学运:不透明情况下展开结束

http://www.malaysiakini.com/news/69710
旺姐:撤焚化炉彰显人民力量学运:不透明情况下展开结束 07年7月10日 中午12:20
人民公正党主席旺阿兹莎发表文告表示,政府应认真从武来岸焚化炉计划取消事件中吸取教训,即真理最终将会在人民抗争中获得伸张,以及“人民是老板”,以免在未来重蹈覆辙,作出为民众带来不便和浪费公共资源的计划决定。 “我们需从武来岸居民伸张正义中学到两个教训。第一个教训是,无论花费多长的时间,当人民站出来要纠正错误时,正义最终都会获得伸张。” “政府须吸取的第二个教训则是,无论他们欲实行现有的计划,或在未来推介新的计划,人民才是老板。” 她指出,政府如果早在计划开始时就吸取了第二个教训,武来岸居民就无需因为有关计划,而面对巨大压力以及无法安睡。此外,公共资源也不会因为误导人民相信该计划是安全的讯息而被浪费,政府也无须为有关计划的取消而做出赔偿。 政府应允许人民参与决策过程 旺阿兹莎(左图)强调,由于人民对他们所居住的周遭环境拥有更深的认识,因此政府应该咨询他们,并允许他们参与决策过程。她也表示,政府往往忘记了人民只赋予他们权力来做任何有利于人民的决定,而非不利于人民的决定。 “上周五,我曾在垃圾管理法令辩论时,要求房屋及地方政府部澄清是否打算以两个位于半岛不同州属的小型焚化炉,来代替这项已被取消的焚化炉计划。” 她同时也呼吁该部公布是否曾在计划取消后,赔偿负责有关计划的发展上荏原公司(Ebara Corporation),以及赔偿的数额。 纳吉:因成本和维修费昂贵取消 这项耗资15亿令吉的本区域最大型焚化炉计划是于2003年首次被马哈迪政府提出。它原本打算建造在雪州的蒲种,但是在当地居民激烈反对下,最终选择了武来岸作为新的兴建地点。然而,有关的计划仍一直受到武来岸居民,包括非政府组织和在野党的大力反对。 在2006年8月15日,新加坡《商业时报》率先报道,大马政府已经通知武来岸焚化炉计划发展商即日本的荏原公司和本地的Harta Summa私人有限公司,有关的计划已经被中止。但是,政府依然对守口如瓶,拒绝证实该计划是否已被腰斩。 不过,武来岸居民已在上周四接获代表政府的高级联邦律师发函,证实腰斩焚化炉计划,而针对有关计划的所进行的4年抗争也终于宣布胜利。 副首相纳吉在上周六透露,政府是基于昂贵的建筑成本和维修费,而决定取消焚化炉计划。他也澄清政府不是因为武来岸居民的诉讼案而停止该计划。 据《东方日报》报道,纳吉也在周日指出,只要成本低和拥有适当的科技,政府在未来可能会在雪兰莪州建立一个焚化炉。
纳吉指因成本和维修费贵取消
学运促政府应公开焚化炉合约

Broga incinerator project called off

Friday July 6, 2007
http://thestar.com.my/news/story.asp?file=/2007/7/6/nation/20070706172529&sec=nation

Broga incinerator project called off
By LOONG MENG YEE and ROYCE CHEAH
SHAH ALAM: The RM1.5bil incinerator project in Broga has been terminated.
Court of Appeal judge Justice Suriyadi Halim Omar, who was sitting as a High Court judge, was informed of the matter by counsel Uma Parvathy Thothathri when the court commenced Friday for the continued hearing of an action taken by a group of Broga residents to block the project.
About 30 residents present in court cheered and applauded in court when lawyers acting for the Government confirmed that the project would no longer proceed.
Uma was acting for the residents who took the Government to court in 2003 over the project.
Friday's was supposed to have been a continuation of the hearings for the case but in a surprising turn of events, Uma informed Suriyadi that the firm had received a letter from the Attorney-General’s Chambers on Thursday evening.
Uma then told the court the letter stated the project had been “ditamatkan” (terminated).
Justice Suriyadi then turned to the two counsel representing the Government and inquired why the project was terminated.
Senior Federal Counsel Suzana Atan and Selangor legal adviser Datuk Zawyah Be Loth Khan replied that the project had indeed been called off.
The court also decided that the Government would pay costs to the plaintiff’s solicitors.
Outside the court, Alice Lee, who led the action and whose name appeared as the plaintiff in the suit, said the 402 residents who sought justice in court were “so very happy”.
“We are meeting tonight to plan for a celebration. We want to invite all those who had helped us in this struggle. Particularly, we want to record our appreciation to Judge Suriyadi. He has been very fair to both sides and he made sure the lawyers did their job on time,” said Lee.
On Nov 8, 2003, Lee filed a suit seeking a declaration ordering the Government to divulge details of the controversial RM1.5bil municipal solid waste thermal treatment plant.
On Jan 20, 2005, Lee filed an application on behalf of the villagers for a stay order pending the outcome of the suit against the Selangor Menteri Besar, the Science, Technology and Environment Ministry and the Selangor Land and Mines Department director.
On Feb 14 that same year, the High Court granted the temporary stay order.
Outside the courtroom, Uma said she would not withdraw the suit in the event the Government decided to revive project in the future.
"If the Government does, that would tantamount to contempt of court," she said.
Broga no-incinerator committee chairman Zulkefly Mohamad Omar said the residents were very happy that the matter has finally been put to rest and thanked the court.
"This issue involves public and not political interest," he said.
Selangor state executive councillor in charge of environment Datuk Ch’ng Toh Eng said there had not been any official statement from the Federal Government to the state regarding the cancellation of the incinerator project.

Broga incinerator project called off

Saturday July 7, 2007
http://thestar.com.my/news/story.asp?file=/2007/7/7/nation/18238161&sec=nation

Broga incinerator project called off
By LOONG MENG YEE and ROYCE CHEAH
PUTRAJAYA: The RM1.5bil incinerator project in Broga has been cancelled.
Court of Appeal Justice Suriyadi Halim Omar, who was sitting as a High Court judge, was informed of the matter by counsel Uma Parvathy Thothathri when the court commenced yesterday for the continued hearing of an action taken by a group of Broga residents to block the project.
About 30 residents present in court cheered and applauded when lawyers acting for the Government confirmed that the project would no longer proceed.
Uma was acting for the residents, who took the Government to court in 2003 over the project.
Yesterday was supposed to be a continuation of the hearing for the case, but in a surprising turn of events Uma informed Justice Suriyadi that the firm had received a letter from the Attorney-General’s Chambers on Thursday evening.
Uma told the court the letter stated that the project had been “ditamatkan” (cancelled).
Justice Suriyadi then turned to the two counsels representing the Government and asked why the project was cancelled.
Senior Federal Counsel Suzana Atan and Selangor legal adviser Datuk Zawyah Be Loth Khan replied that the project had indeed been called off.
Justice Suriyadi later asked again: “Are you all sure? Do not say the project is terminated, then later have the project revived. Why was the project terminated?”
Suzana said she did not know why the project was called off and that she was only informed by the ministry concerned.
The judge then jokingly asked her, “Is it a state secret?” and laughed. The Government’s counsel could not respond to his question.
Uma then informed the court that due to the turn of events the plaintiff would opt to file a notice of discontinuance within seven days.
The court also decided that the Government would pay costs to the plaintiff’s solicitors.
Outside the court, Alice Lee, who led the action and whose name appeared as the plaintiff in the suit, said the 402 residents who sought justice in court were “so very happy”.

DPM: Broga incinerator project stopped because it was too expensive

Saturday July 7, 2007
http://thestar.com.my/news/story.asp?file=/2007/7/7/nation/20070707141216&sec=nation

DPM: Broga incinerator project stopped because it was too expensive
TANGKAK: The Government had decided to cancel the RM1.5bil incinerator project in Broga last year as it was very costly to build and to maintain.
Deputy Prime Minister Datuk Seri Abdul Najib Tun Razak said the decision last year was made at a meeting he chaired with the Housing and Local Government Minister Datuk Seri Ong Ka Ting.
Speaking to the reporters here he said the decision was not due to any protest or court action but due to the high capital cost and keeping fee to have such incinerator.
"The studies showed that the Broga incinerator system, which cost more than RM1.5bil, is very expensive.
He was speaking after launching a unity carnival organised by Pertubuhan Kebajikan Dan Dakwah Islamiah Johor or Pekida.
Abdul Najib said the Government had several alternatives, including using the sanitary landfill system in Bukit Tagar, to resolve waste disposal problems in the country.
He said the landfill system had been running without any problem and the Government would also look into other systems, which were more cost-effective and with proven technology.
He said besides cost-effective and proven technology, whatever project the Government planned to undertake should also ensure the safety of the people and the environment.
He said many developed nations used incinerators but taxes in those countries were also very high, adding that, Malaysia could not adopt their ways as it would burden the people. Abdul Najib also hoped for Indonesia to ask for assistance from Malaysia to help in battling the haze, which had started to hit the region now. He said Malaysia could even deploy some Royal Air Force planes to carry out cloud seeding over the region as the sources of the haze had been identified. "We are willing to help Indonesia in battling the haze problem," he added.

Broga project too costly, says Najib

Sunday July 8, 2007
http://thestar.com.my/news/story.asp?file=/2007/7/8/nation/18246320&sec=nation

Broga project too costly, says Najib
TANGKAK: The Government decided to cancel the RM1.5bil incinerator project in Broga last year as it was very costly to build and maintain.
Deputy Prime Minister Datuk Seri Abdul Najib Tun Razak said the decision was made during a meeting with Housing and Local Government Minister Datuk Seri Ong Ka Ting last year.
The decision was made at the Cabinet Committee meeting on solid wastes and was subsequently approved by the Cabinet.
Speaking to reporters here, Najib said the decision was not due to any protest or court action but the high capital and maintenance costs to have such an incinerator.
“Studies showed that the Broga incinerator system, which would cost more than RM1.5bil, was very expensive.
“It is also very expensive to maintain. No district council or municipality would be able to afford it,” he said after launching a unity carnival organised by Pertubuhan Kebajikan Dan Dakwah Islamiah Johor.
Najib said the Government had several alternatives, including using the sanitary landfill system in Bukit Tagar, to resolve waste disposal problems in the country.
To a question, Najib said an incinerator was something that Malaysia could use to dispose of its waste but the project should be affordable.
He said many developed nations used incinerators but taxes in those countries were also very high.
Najib also hoped that Indonesia would seek Malaysia's help in battling the haze, which was starting to affect the region now.
He said Malaysia could even deploy some Royal Malaysian Air Force planes to carry out cloud seeding over the region as the sources of the haze had been identified.
“We are willing to help Indonesia in battling the haze problem,” he added.

Tuesday, November 28, 2006

Archive

http://www.isiswomen.org
MARCH 2006, ISSUE 1: International Women's Day: Celebrations and protests marked March 8 worldwide

REEL POWER: Malaysian independent films take on social issues
Digital video cameras are not just for family gatherings, weddings and vacations.

For five women, including photo-journalist and Biology Major Ong Ju Lin of Malaysia, this handy gadget is the tool to promote human rights, social justice and equality.

The Freedom Film Festival (FFF) held in August 2005 awarded Ongs independent film Alice Lives Here as best film in the amateur section.
The 20-minute documentary was the first venture into film-making by Ong (scriptwriter, director and cameraperson) , Loh Yin San (production manager), Wong Yuen Mei (lecturer in gender studies), journalist Hillary Chiew, and Leow Mei Chern (singer/songwriter/ soundtrack composer).

Sharon Kam, writer for Sun2Surf (an online Malaysian newsmagazine) , reported that the team, dubbed Reel Power shot the film in a period of two weeks using an inexpensive digital video camera. They wrapped up production in about four months.

Through interviews with residents from Broga, a small town 50 km off Kuala Lumpur in Malaysia, the documentary showed community reactions to the building of a waste incinerator near their village.

The film is one of a growing number of independent films made by young Asians which address social ills and probe into issues traditionally deemed too sensitive to tackle, such as sex and Islam, race relations, discrimination, detention without trial, and homosexuality.

Inter Press Service correspondent Baradan Kuppusamy said that several factors have led to the rise of such indie films. These include dull
mainstream movies, digital video technology, cheap (or pirated) film editing software, Malaysia's hi-tech drive, and cutting-edge computer skills among the youth.

According to Komas Director Anna Har, social activism is becoming increasingly popular in Malaysia, Indonesia and the Philippines. Komas is a non-governmental organisation (NGO) that helps catalyse social change through multimedia forms.

Armed with a digital video camera, reusable tapes, an open mind, home computers and some cheap pirated editing software, many young filmmakers can make their own documentaries. IPS Kupppusamy reports that many film makers in Malaysia are graduates of the Multimedia University and are part of the Internet and digital revolution promoted by the government.

However, independent film production has its own share of problems. Unlike films shot on 35mm film stock, with complete props and lighting, final digital video films often are of low quality. It is also more difficult to get sponsorships for controversial storylines and scripts. Screening in campuses, private halls, and foreign embassies typically limits the audience to students and social activists, said Kupussamy. Despite the deficiencies, FFF is able to give honour to such independent films in its efforts to promote social films that make an impact and raise important issues.

As Har said in Kams article, video is a powerful tool for social awareness and change. The power lies in how tools like cameras are
usednot just for entertainment but to express a community's way of life. Kam cited plans to adapt Ongs award-winning documentary for international audiences.

With a wealth of social issues, young creative minds, some technological know-how, perhaps more stories like Alice Lives Here can cross over from independent film to mainstream cinema.
Sources:
Kam, S. (2006, August 26). The power in film activism. Sun2SurfMalaysian Source for News & Lifestyle. Retrieved March 7, 2006 from

Kuppusamy, B. (2006, February 28). Media-Malaysia: Saying it with indie films. InterPress Service News Agency. Retrieved March 7, 2006 from .

Monday, August 21, 2006

Najib : No Statement on Broga

reelpower

http://www.merdekareview.com.my/news.php?n=2374

纳吉不谈武来岸垃圾焚化炉
政府仍不证实报道是否属实

■日期/Aug 21, 2006 ■时间/06:03:19 pm
■新闻/家国风云 ■作者/本刊林宏祥

【本刊林宏祥撰述】副首相纳吉今午主持内阁固体废料系统与环境委员会会议,会后回答记者提问政府取消武来岸垃圾焚化炉计划事件,始终不愿证实此事,只是重复说:“不谈武来岸垃圾焚化炉”(no statement on Broga)。

根据新加坡《商业时报》上周报道,马来西亚政府已决定终止在雪兰莪州及森美兰州交界的武来岸兴建备受争议的本区域最大焚化炉的计划,不过,政府迄今仍未正式证实或否认《商业时报》的报道。

纳吉(右图)今天下午三时在布城主持内阁固体废料系统与环境委员会会议,直到五时半结束,出席会议的内阁部长包括房屋及地方政府部长黄家定、能源、水务与通讯部长林敬益、天然资源与环境部长阿兹米卡立(Azmi Khalid),以及各州州务大臣和首席部长。

会议结束后,记者向纳吉提问政府是否取消了武来岸垃圾焚化炉计划,纳吉回应道:“不谈武来岸垃圾焚化炉。”后来《独立新闻在线》记者追问,是不是今天的会议没有讨论此事,纳吉再次重复:“不谈武来岸垃圾焚化炉。”

政府早在2003年已提出垃圾焚化炉计划,原定地点是雪兰莪州的蒲种,不过因遭到当地居民大力反对,政府将地点改在雪兰莪与森美兰州交界的武来岸。当地居民也是大力反弹,并且结合非政府组织的力量,展开联串反对行动。

武来岸垃圾焚化炉计划耗资马币15亿元,由日本荏原公司(Ebara Corporation)及本地的Harta Summa私人有限公司组成财团承建。

Merdeka Review

reelpower

http://www.merdekareview.com.my/news.php?n=2335

【本刊记者撰述】新加坡《商业时报》引述消息说,政府已经取消耗资马币15亿元的武来岸垃圾焚化炉计划;雪兰莪民主行动党今天促请房屋及地方政府部尽快说明,政府是否已腰斩武来岸垃圾焚化炉计划,以扫除当地人民的忧虑。

雪兰莪民主行动党宣传秘书刘永山今天发表文告说,政府取消森美兰州武来岸垃圾焚化炉计划的消息是从新加坡《商业时报》传出,迄今马来西亚政府仍未确认政府是否已决定腰斩该计划,还是继续进行。

“政府腰斩这项计划,固然会让受影响的武来岸居民雀跃万分,但是政府也同时面对承包商Ebara Corporation马币五亿元的法律诉讼。如果政府继续这项计划,那么政府必须准备面对人民的大力反弹,甚至是法律诉讼。但是,问题关键在于以下三点:

一、为何房屋及地方政府部没有在第一时间清楚交代此事?该工程目前进度如何?

二、政府会否动用公款,赔偿马币五亿元给Ebara Corporation?政府是否愿意公布当初和该公司签署的合约内容?有什么办法可以减少这笔赔偿?

三、为何这项消息必须通过外国媒体才能知晓?难道本地媒体得到禁令不能大肆报道此课题,还是政府故意不让本地媒体知道?”

刘永山认为,这项最新发展严重关系政府的行政和运作方面的透明度、公信力、透明度和效率;这项对巴生谷河流域居民影响重大的消息,国人必须通过外国媒体和通讯社的报道才得知,是不可理喻且非常讽刺的事。

“在这之前,政府在处理蒲种甘榜波何垃圾转运站课题上一直摇摆不定。这次,政府也是以同样的方式处理武来岸垃圾焚化炉计划。我们不能苟同政府一直以这种不发言不回答的方式处理人民的问题,因此我们希望政府能够尽早交待以上三项疑惑。”

“民主行动党重申我们的立场,即任何垃圾焚化炉必须建立在人烟稀少、原理集水区的地方,避免焚化炉释放出来的致癌化学物二恶英(dioxine)危害人民的健康和污染水源。”

政府早在2003年已提出垃圾焚化炉计划,原定地点是雪兰莪州的蒲种,不过因遭到当地居民大力反对,政府将地点改在雪兰莪与森美兰州交界的武来岸。当地居民也是大力反弹,并且结合非政府组织的力量,展开联串反对行动。

武来岸垃圾焚化炉计划耗资马币15亿元,由日本荏原公司(Ebara Corporation)及本地的Harta Summa私人有限公司组成财团承建。

Tuesday, August 15, 2006

M'kini: Broga incinerator: it's over, says paper

reelpower

Malaysiakini
Broga incinerator: it's over, says paper

Aug 14, 06 9:27pm

The government has given notice to terminate the RM1.52 billion project to build the region's largest incinerator at Broga, Semenyih, Selangor, a project which from the beginning has met with stiff opposition from local residents and concerned citizens.

Quoting 'businessmen familiar with the project', Singapore's Business Times reported this evening that the government gave the project's developers two weeks to reply to a termination notice.

It said the local government and housing ministry had written to the consortium leading the project - Japan's Ebara Corporation and local company Harta Summa Sdn Bhd - giving notice that the project would be scrapped.

First suggested in 2003 during the government of former premier Dr Mahathir Mohamad, the incinerator was first planned for Puchong, Selangor but fierce protests from residents there didn't allow it.

The government then chose Broga but met with even more spirited opposition which besides local residents involved NGOs, political parties, mass protests and the film community. The matter eventually led to the courts.

Project re-studied

Earlier reports had said that Ebara had submitted a RM500 million claim to the government over the stalled project's progress payments over a month ago. Local Government and Housing Minister Ong Ka Ting, when asked about this on Aug 5, said that he was not aware of any such claim.

Malaysiakini had reported on June 16 that the government was re-studying the viability of the project.

Responding to a reporter's question as to whether the cabinet had decided to cancel the project during its meeting on June 14, Prime Minister Abdullah Ahmad Badawi replied that was not so.

"There is no decision yet. There is a need for a incinerator as it is a facility for the people but we are studying whether it is suitable," he told the press conference.

On July 15, Ong said that the proposal was still under study with the matter being raised in cabinet several times. He added cheaper and more environmentally friendly options had been mulled over by the cabinet

Dioxin emissions

Residents at Broga had mobilised against the project citing the danger it posed given that its proposed location was within a water catchment area and a gazetted forest reserve.

In numerous memorandums to the government, the residents pointed out that the large-scale incinerator would reduce property prices and have negative economic effects on Broga and Semenyih, effects which they said were irreversible.

They were also concerned for their health and well-being, citing dioxin and mercury emissions, among other known contaminants, from incinerators as supported by research findings in Europe and Japan.

The incinerator was to handle Kuala Lumpur's 2,700 tonnes of waste a day, which is more than the city's disposal sites can currently handle.

Wednesday, June 07, 2006

Global Day of Action against Waste Incineration

reelpower

June 17th is the Global Day of Action against Waste Incineration:

http://www.daysofaction.net/ events-waste-incineration. php

Thursday, May 25, 2006

Broga residents clear second hurdle in court


reelpower

http://www.malaysiakini.com/news/51542

Broga residents clear second hurdle in court
Claudia Theophilus
May 25, 06 2:33pm


Alice Lee was declared by the Shah Alam High Court late yesterday as
the legitimate representative of Kampung Broga residents in a suit to
stop a RM1.5 billion mammoth incinerator project nearby.

The Attorney-General's Chambers and the Selangor state legal advisor
had contended that she did not have any legal standing in the main
suit filed on Nov 8, 2003, seeking a court declaration for full
disclosure of the project details which has so far remained opaque.

Justice Suriadi Halim Omar, in granting the order in terms, offered a
polite yet firm rebuke of both government lawyers present for failing
to reply the plaintiff's affidavits.

"As far as today's matter is concerned, I follow the law and not based
on my own whims and fancy. I have to grant the order in terms. I'm
going to give the order because you didn't reply," he said to a
courtroom packed with Broga villagers.

Special Branch personnel also sat in court throughout the day although
the Broga matter was only heard for 40 minutes until 5.10pm.

State legal advisor Badariah Hassan and senior federal counsel Suzana
Atan appeared for Selangor Land and Minerals Department director and
the Science, Technology and Environment Ministry director-general
respectively.

Earlier, the residents' lawyer T Uma Parvathy said both parties have
yet to respond to the plaintiff's affidavit which was filed seven
months ago.

This kept Suriadi on their backs asking for reasons why they had not
bothered to reply.

"Why reply some (affidavits) and not the rest? Why didn't you reply?
You must be all-enveloping in your response to the affidavits.

Chose to ignore

Badariah replied that they didn't want to reply because they were
waiting for the outcome of an appeal both had filed that morning
against the deputy registrar's decision on March 24 to dismiss an
earlier application to strike out the main suit.

"But you lost. If there was no case, the matter would have been struck
off," said Suriadi.

"An appeal does not act as a stay, the law is very clear on this."

He chided them for ignoring the affidavits.

"You have to reply all the affidavits, you have to act. You can't just
sit there and do nothing. You can't ignore the plaintiff's affidavits.
What is strange here is that both of you decided not to act."

At this juncture, Suzana argued that additional supporting documents
to prove Lee's legal standing were only filed "as an afterthought to
circumvent our appeal".

Suriadi: Yes, we all see this. We're all professionals here. Now,
we're hearing by affidavit and you have failed to reply, and this
could be deemed as an admission.

Suzana: We cannot reply because we're not a legal entity.

Suriadi: No, you can't say that. Why didn't you react to it
(affidavits). You must be sensitive to every application. You must
understand (this), you are a professional.

Before standing down the Broga case earlier in the day, the judge had
remarked that he may not appear stern or angry but that did not mean
he will not show his dissatisfaction or anger.

Approached later, Suzana said they chose not to reply because it was a
tactic by the plaintiff to circumvent their appeal.

Zarina Begum held a watching brief for the Bar Council.

Controversy-ridden

The federal government project for a 1,500-tonne capacity plant has
drawn international criticism from zero waste management lobbyists and
anti-incinerator scientists who cite potential hazards of toxic
emissions, and economic and environmental problems.

On Feb 14 last year, Broga residents won temporary reprieve when the
court granted an interim stay order on all project work pending the
disposal of a main suit.

However, the interim stay did nothing to stop the Selangor government
from acquiring land from 52 Broga residents to build access roads and
as part of the incinerator plant's perimeter compound.

The government's lack of transparency in this case has prompted
numerous local protests.

The plant, first proposed in 1997, is touted as the biggest of its
kind in the world using Japan's fluidised-bed gasification and
ash-melting technology.

Residents surrounding Broga and in Semenyih have maintained over the
last four years insisted that the plan sits in a water catchment area
where a dam is located, their strongest ground yet.

A global movement is also underway to replace incinerator technology
with green solutions such as recycling and zero waste management which
has a proven record in many rich and poor countries.

In late March 2003, malaysiakini exclusively reported that Japanese
engineering giant Ebara Corp had won the multi-billion ringgit job the
previous month to design, build and commission the plant.

In another exclusive, malaysiakini reported that it was in trouble
with the Malaysian government for allegedly failing to fulfill its
contractual obligations by not detailing its technology transfer plan.

Despite reported problems between the contractor and the project
proponent, the Housing and Local Government Ministry, the status of
the project is unclear because government officials including minister
Ong Ka Ting remain persistently evasive when approached for comments.

Hearing of an application for a fresh stay order pending disposal of
the main suit will continue on July 11.
Send your comments on the above issue to us at
voxpopuli@malaysiakini.com. Your email may be published in
Malaysiakini. Please keep your comments brief, and do let us know if
you wish to remain anonymous.