penang hills watch report 20173 penang hills watch report 2017 1.0 introduction the penang hills...

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Penang Hills Watch Report 2017

15th September 2017

Prepared by

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Contents

1.0 Introduction ............................................................................................................................... 3

2.0 Follow up on MBPP responses to the 12 cases of the second report ........................................ 5

3.0 Records of public observations ................................................................................................. 7

3.1 Zone 1: Northern Part of Penang Island ................................................................................ 8

3.2 Zone 2: Middle Part of Penang Island ................................................................................. 12

3.3 Zone 3: Southern Part of Penang Island .............................................................................. 13

3.4 Zone 4: Seberang Perai ....................................................................................................... 15

4.0 Follow up ................................................................................................................................ 17

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Penang Hills Watch Report 2017

1.0 Introduction

The Penang Hills Watch (PHW) was publicly launched by the Penang Forum (PF) on 31 October

2016, with an invitation to the public to contribute on-the-ground observations on hill clearing

activities. Thus far, we have received 70 cases* of land clearing and construction activities on

the island from the general public, which we have documented, mapped and displayed online

through the PHW portal https://hillclearinginpenang.ushahidi.io/views/map.

A week before the launch, PF members requested and had a meeting with a number of

government agencies including Majlis Bandaraya Pulau Pinang (MBPP), Jabatan Perhutanan

Negeri Pulau Pinang (JPNPP), Jabatan Ukur dan Pemetaan Malaysia (JUPEM) and Jabatan

Perancang Bandar Dan Desa Pulau Pinang (JPBDPP) when we explained the purpose of the

PHW project and demonstrated the online application.

We emphasized that the observations made in the field need to be checked against official

records to determine if the clearing activities have official approval or, if otherwise, whether

these activities need to be checked out and acted upon by the relevant government authorities.

We therefore suggested close cooperation with MBPP and other relevant government

departments for mutual exchange of information, and our suggestion was well received at the

meeting.

This report constitutes our third compilation of observations since the launch at the end of

October 2016. In this third report, we seek clarification for a further 18 reports which are the

observations made between April and September 2017 as well as follow ups to cases reported in

the second report. In this report, we have also received 4 reports of clearing activities in

Seberang Perai, which would come under the jurisdiction of MPSP. Therefore, we seek the

goodwill and the cooperation of MPSP in investigating and exchanging information pertaining

these cases as well.

*59 of the 70 cases have been referred to MBPP and State Government while 11 have been

independently verified by the Penang State Government prior to our reports.

https://hillclearinginpenang.ushahidi.io/views/map

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Summary of cases documented in Penang Hills Watch Report from October 2016 (2016 Report)

to September 2017 (2017 Report 2).

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12

18

0

5

10

15

20

25

30

35

2016 Report 2017 Report 1 2017 Report 2

Hill Clearing Cases Documented by PHW

2016 Report

2017 Report 1

2017 Report 2

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2.0 Follow up on MBPP responses to the 12 cases of the second report

On 25 July 2017 we received detailed written responses from MBPP regarding the status of each

of the 12 cases, for which we are appreciative. We have duly updated our records in the PHW

portal with the responses received from MBPP (see screenshot below of an example from the

portal).

1. We note that all 12 cases of hill clearing were not officially approved (see table below).

Seven cases occurred on private land, of which one is a former quarry. Stop work orders have

been issued for all 7 cases. Legal action is being taken on 3 of these cases, including the

former quarry area, while for the other 4 cases the owners have been issued restoration

orders. The remaining 5 cases have been identified to occur on state land, whereby MBPP

has referred to the relevant government agencies for follow-up action.

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No. Cases Number MBPP Action

1 Land clearing without MBPP

approval (privately owned land)

6 Stop work order issued

Restoration order issued

Legal action initiated for 3 cases, KIV for 3

cases on advice of Legal Adviser

2 Former quarry land 1 Discussion with Legal Adviser on legal

recourse

3 Land clearing on state-owned land 5 Notification sent to relevant agencies: PDT-

DBD, PTG,MAINPP, Pejabat Hutan

Total 12

2. We note that stop work order (Notis Berhenti Kerja, NBK) has been issued to private owners

where illegal land clearing has occurred, with preparations being done to take legal action for

3 of the 6 cases. The other 3 cases have been considered minor infringement whereby the

owners are required to carry out restoration. We urge the relevant authorities to exercise due

diligence in following up to conduct checks and ensure that official orders are complied with

by the respective land owners.

3. We note that where land clearing had occurred on state land, the MBPP has referred the cases

to other government agencies. It is pertinent that the various government agencies with

particular jurisdiction over state-owned land are actively engaged in this continuing endeavor

to minimize adverse impacts of hill land clearing activities. In cases where private

contractors are commissioned to work on state-owned hill land, it is imperative that stringent

conditions are given and checks are made by the responsible government agency on the

ground activities being conducted.

We reiterate our call upon MBPP to exercise due diligence in carrying out inspection

procedure as set forth in the “Safety Guideline for Hillsite Development 2012” (see Figure 6

page 21) to ensure that proper mitigation measures are enforced to check further soil erosion

and rehabilitate exposed soil surfaces.

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3.0 Records of public observations

PHW reports have been obtained from various locations around Penang State (including

Seberang Perai) and are divided into separate geographic zones.

Each report is identified by

A photo (or photos)

Nearest landmark, township or road

Approximate coordinates

Report and Photo date (Photo dates might vary from the report date)

Reports are grouped by three zones where they are obtained from. The zones are as follows;

Zone 1 - Northern part of Penang Island

Zone 2 - Middle part of Penang Island

Zone 3 - Southern part of Penang Island

Zone 4 - Seberang Perai

The location of these regions are indicated in the illustrated map below with their locations as

numbered earlier. Zone 1 has 8 reports, Zone 2 has 2 reports, Zone 3 has 4 reports and Zone 4

has 4 reports, bringing the total number of reports for investigation to 18 . The numbering

sequence will begin from number 42 as our previous report sent in March 2017 ended at number

41.

Photo 1: Four zones covered in the PHW Report

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3.1 Zone 1: Northern Part of Penang Island

Report 42

Location : Bukit Elvira (Upstream from Titi Kerawang, Balik Pulau).

Approximate Coordinates : 5°22'57.28"N,100°14'27.42"E

Report sent in May 2017.

Photos taken in May 2017 .

Report 43

Location : Bukit Elvira (Upstream from Titi Kerawang, Balik Pulau).



Photos taken in May 2017.

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Report 44

Location : Near Persiaran Tanjung Bungah 3


Report sent in June 2017.

Photo taken in June 2017.

Report 45

Location : Bukit Elvira (Balik Pulau)

Approximate Coordinates: 5°23'47.38"N,100°13'23.18"E



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Report 46

Location : Near Station 84 (near Penang Hill Jeep Road)

Approximate Coordinates : NA


Photos taken in June 2017.

Report 47

Location : Clearing on Penang Hill (near Penang Hill Lower Station)


Report sent in July 2017.

Photo taken in July 2017.

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Report 48

Location : Clearing along Jalan Teluk Bahang

Approximate Coordinates: 5°25'42.50"N, 100°13'10.65"E

Report sent in September 2017.

Photo taken in September 2017.

Report 49

Location : Clearing near Jalan Sungai Air Putih


Report sent in August 2017.

Photo taken in August 2017.

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3.2 Zone 2: Middle Part of Penang Island

Report 50

Location : Pulau Jerejak


Report sent in April 2017.

Photos taken in April 2017.

Report 51

Location : Near Lebuh Bukit Jambul



Photos taken in June 2017

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3.3 Zone 3: Southern Part of Penang Island

Report 52

Location : Batu Maung Hills



Photo taken in May 2017.

Report 53

Location : Hillslope near Teluk Tempoyak




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Report 54

Location : Hillslope near Sungai Ara


Report sent in July 2017.

Photo taken in July 2017.

Report 55

Location : Hillslope above Balik Pulau township.




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3.4 Zone 4: Seberang Perai

Report 56

Location : Pulau Aman




Report 57

Location : Bukit Batu Kawan




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Report 58

Location : Bukit Tok Kangar, Juru




Report 59

Location : Hill near Lima Kongsi, Sungai Jawi


Report sent in September 2017.

Photo taken in September 2017.

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4.0 Follow up

We seek MBPP and MPSP’s assistance to look through the above observed reports and

comment:

1. If the land clearing activity is legally sanctioned;

2. The purpose of the land clearing activity;

3. The land use status of the affected site;

4. If the activity is legal, the highest elevation from sea level in the activity site, and

5. If any action needs to be taken on the part of the Council or other government

departments.

We appreciate that YB Chow Kon Yeow, State Executive Councillor for Local Government,

Traffic Management and Environment, in chairing the meeting with Penang Forum members on

04 May 2017 specifically to discuss the second PHW report, stated his willingness to continue

holding such dialog sessions as subsequent reports are submitted. We sincerely hope that in

future meetings there would be wider representation of the relevant agencies where reported

cases fall within their jurisdiction.

We look forward to your continued assistance and attention to these new cases highlighted in this

third report and hope to receive your written answer in regards to it.

Thank you.

Penang Forum Steering Committee

15 September 2017

penang hills watch report 20173 penang hills watch report 2017 1.0 introduction the penang hills...

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