Boniface Willy: Notice issued by Sudarsono is defective and bad in law
On Monday the 12th March 2012, the Permanent Secretary to the Ministry of Resource Planning and Environment, Datu Sudarsono Osman took out an advertisement persuant to Section 5(3) and (4) of the Sarawak Land Code.
The advertisement appeared, among others, in the Borneo Post’s edition of the 12th March 2012.
This advertisement relates to the plans of the state government to acquire 200 hectares of NCR land in kampung Stungkor Lama in the administrative district of Lundu, for the purpose of Solid Waste Management.
The residents of kampung Stungkor Lama and other nearby villages are extremely upset by this proposed solid waste management project and the manner in which they were ‘informed’ about the project.
The Issues
1. Kpg Stungkor Lama is administratively within the jurisdiction of the Pejabat Daerah Lundu and yet
Lundu was conspicuously missing in the Ministry’s notice referred to above.
2. It is stated in the notice that the residents of kampung Stungkor Lama who are affected by this
proposed project has 60 days, from the 12th March 2012, to file their claim of NCR rights over the
affected land/area with the Jabatan Tanah & Servei.
3. On the 14th March 2012, 3 days after the notice/advertisement in the Borneo Post, an officer of
Pejabat Daerah Bau confirmed that they have not recieved from Jabatan Tanah & Servei the
map of Plot A, delineated in Plan Print No. 3/AQ/ID/45/2011, which is the map of the land to be
acquired as stated in the ministry’s notice.
4. The same officer from the Pejabat Daerah Bau also confirmed that they were not informed of
government’s plan to acquire land in kampung Stungkor Lama for the purpose of solid waste
management.
AS A CONSEQUENCE OF THE ABOVE, THE SAID NOTICE IS DEFECTIVE AND BAD AND IS NOT
BINDING ON THE RESIDENTS OF KAMPUNG STUNGKOR LAMA AND/OR THE AFFECTED
RESIDENTS OF NEARBY VILLAGES.
ITEM 4 OF THE SAID NOTICE IS THEREFORE RENDERED INOPERATIVE AND WITHOUT ANY EFFECT
WHATSOEVER.
6. No official from the relevant government department or agency has ever discussed with the
residents of kampung Stungkor Lama or the other nearby villages the government’s plan to site
the solid waste management project in the vicinity of their village.
7. Solid waste management is always associated with environmental pollution, health and safety
hazards. There will always be problems with foul smell and the presence of vectors of disease
like flies. There is also the possibility of fire and foul-smelling smoke during the dry period.
The dangers posed by this proposed project to the health and safety of the local population and
to the environment cannot be discounted and taken lightly.
Of equal concern to the local population, if not greater, is the effect on the commercial value of
land and properties in the vicinity of the project. It is not lost on the villagers that the value of
their land and landed properties will be doomed.
The villagers of kampung Stungkor Lama and the other nearby villages are shocked that the
authorities concerned did not inform them about the project.
It would appear that there is a pre-meditated and active attempts by the state authorities to conceal this project from the residents of kampung Stungkor Lama and residents of nearby villages.
The residents of kampung Stungkor are very angry over this shoddy treatment from the state government and by the inaction of their elected representatives, ADUN Yb Ranum Mina and MP Datuk Dr Tiki Lafe over the matter.
They now demand that the state government withdraw the notice issued by the Resource Planning and Environment Ministry immediately. They also demand that, should the government wish to proceed with the project, they must first engage the residents, especially on the impact of the project to the safety and health of the affected residents, the impact to the local environment and to the value of their land and landed properties and thereafter to get their consent and agreement to the project.
By : BONIFACE WILLY ANAK TUMEK
AJK, PKR CABANG MAS GADING
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