November 2005 Issue - Malaysian Institute of Planners
Transcription
November 2005 Issue - Malaysian Institute of Planners
November 2005 Berita www.mip.org.my “We shall be facing a new challenge, where foreign consultants will soon be competing with us locally. Thus we must be prepared to compete with them at home ground and more importantly we must take the opportunity to explore other markets globally.” ~ Norliza Hashim President, MIP Assalamualaikum wrm.wbr. and Warm Greetings, It has been three months since I assumed office as President of the Institute and this would be the first time I am addressing members in the Berita Perancang. First and foremost I would like to take the opportunity to thank everyone who attended the Annual General Meeting last July 2005, especially to the fellow planners who had tirelessly supported the institute and came for the AGM despite their busy schedules. We also saw many new faces especially new corporate members and graduate members in which this AGM might be their first. I hope all of you will continue to make AGM a yearly event not to be missed, as not only do we meet old friends but also AGM is the venue to share planning thoughts, raise concerns and issues on planning. The Council of 2005-2007 is a good set up where we have the return of former eminent council members and the incoming of new members to the council. Together the council will serve and work hard for the institute and its members. The council will focus on several issues this two years and ten Standing Committees have been set up to ensure that the institute and its members address the many issues that are being faced by the profession and the planning professionals. As I have mentioned in the AGM, MIP needs to refocus and set targets on leading the way forward for the profession and I hope all members will respond and support the programmes that will be carried out by the Council. The Standing Committees formed, its committee members, programs and intended activities for the coming year are outlined in the Bulletin and I hope all members will read and should anyone wish to volunteer, please contact the relevant chairman of the committee. The Council also acknowledges the need for Capacity Building for the institute as well as for its members. Continuing Professional Development (CPD) will be emphasized and efforts to conduct all modes of CPD at more affordable cost will be the priority. E-CPD shall also be introduced and the council is making arrangements with Asia Build On-line to assist the secretariat in monitoring members CPD Database as well as provide members with a one-stop centre for searching CPD activities. Capacity building shall also be emphasized on young and future planners; two committees have been formed i.e. Young Planners Committee which will focus on young graduate members and Education Committee which has been renamed Education and Students Affairs will focus on future planners in all planning schools in the country. Capacity building will also focus on nurturing young dynamic planners to be active in the institute’s activities. This will help in identifying future leaders who will continue the good work of the institute. I would also like to remind members on the approved Minimum Scale of Professional Fees by the Board of Town Planners. I hope members shall use the scale with immediate effect and without hesitation. The scale of fees has been approved by the Minister and is in the process of being gazetted as rules in the Town Planners Act. If all practicing planners strongly adhere to the minimum scale, then we can rid allegations that planners just sign plans for a small fee. I do acknowledge that many private practice planners are currently affected by the slow down in property market over the last two years and also the reduction of government projects. However, this should not be the reason for such practice and I strongly believe there is a bright future for planners and the many rising issues today lead to a strong role that planners have to play towards sustainability and social cohesion. Thus it is our responsibility to uplift the profession and stop the act of bad practice as we protect our integrity. The minimum scale of fees sets as a standard and adds value to the professional services rendered. Thus we must ensure good and honest practice and not allow others to misuse us. (Contd. inside) Newsletter of the Malaysian Institute of Planners KDN PP 10805/5/2005 2 THE COUNCIL 2005-2007 EDITORIAL BOARD President NORLIZA HASHIM Vice-President PROF DR MANSOR IBRAHIM Honorary Secretary AHMAD SUHAIMI ISMAIL Honorary Treasurer MD NAZRI MOHD NOORDIN Standing Committees : Membership / Education Fund Board PROF DR MANSOR IBRAHIM Young Planners MD. NAZRI MOHD NOORDIN Research and Publication ASSOC PROF DR ALIAS ABDULLAH Corporate Affairs / International Affairs NORLIZA HASHIM Programme MOHD. ZAMRI HUSIN Sustainable Planning and Development KHAIRIAH TALHA Education and Students Affairs ASSOC PROF WAN MOHAMED YUSOFF ABDULLAH Chief Editor En. Ishak Ariffin Advisor Assoc. Prof. Dr Alias Abdullah Members Assoc. Prof. Wan Mohamed Yusoff b. Abdullah Pn. Khairiah bt. Hj. Mohd Talha Mr. Muhammad Faris b. Abdullah Mr. Bong Khin Fah Special Projects JASON LEE POH LEE Professional Practice IHSAN ZAINAL MOKHTAR Dr. Mohd Zin Mohamed Pn. Juwairiyah Hj. Mokhtar b. Ho bt. Abdullah Samadi CO-OPTED MEMBERS 2005-2007 YB Dato’ Haji Zainol Bin Haji Ayob • YBhg Datuk Hj Zainuddin Hj Muhammad • Puan Zainab Bin Mohd Ghazali • Mr T Mahesan • Datin Paduka Dr Halimaton Saadiah SECRETARIAT STAFF REPRESENTATION IN COMMITTEES BIPC - (Building Industry Presidents Council) President - Norliza Hashim AAPH - (Asean Association For Planning and Housing) Jason Lee Poh Lee EAROPH INTERNATIONAL (Eastern Regional Organization For Planning and Housing) President - Norliza Hashim BIM - Balai Iktisas Malaysia Mr T Mahesan Ahmad Suhaimi Ismail EAROPH MALAYSIA President - Norliza Hashim JOBPIC (Joint Building Planning Committee) President - Norliza Hashim COMMONWEALTH ASSOCIATION OF PLANNERS Dato’ Mohd Fadzil b Hj Mohd Khir Norliza Hashim Siti Nor Azmi Shariah bt Che Lah Fara Dilla bt Haridatul Akhmar Kamaruddin bin Selamat Din Hurun Ain NAPSEC Norliza Hashim Tuan Haji Mohd Nazri Jaffar Ihsan Zainal Mokhtar BERITA PERANCANG EDITORIAL Contents • President’s Message • Editorial / Planning Blogs • MIP Excellence Awards 2005 : An Overview • Planning & the Law : Delay and Mala Fide as Grounds for Challenging Land Acquisition • Balancing Ecology and Development • Land Use Planning & Environment Protection in Malaysia • MIP Calendar of Events • United Nations Human Development Report 2005 • The S-Dev Geneva 05 - International Platform on Sustainable Urban Development • Risk Management in Human Settlements - EAROPH Regional Seminar, Jogjakarta • Campus News • What-If Planning Support System in Kuching President’s Message (Contd. from Page 1) This is even more important now, with the Government’s pressure to commit and open up the urban planning markets in line with various commitments made under World Trade Organization (WTO), Asean Free Arrangement on Services (AFAS) and bi-lateral trade arrangements made with several identified countries. We shall be facing a new challenge, where foreign consultants will soon be competing with us locally. Thus we must be prepared to compete with them at home ground and more importantly we must take the opportunity to explore other markets globally. We need to export our services and to do so we have to ensure that we are ready and we need to improve our skills. Thus I hope all of us will continue to improve our professional development as well as ensure that we practise according to the regulations. Several round tables will soon be initiated to deliberate on these issues and prepare members for globalization. I hope you will attend such meetings when invited as in the past years round table dialogues have very little response, where we see only 10-15 people coming. Many have been lackadaisical and not treat this as a serious issue. My only regret will be when findings and inputs from such consultation is not representative of everyone’s view and any decision made by Council based on such inputs are being questioned by the other members. Thus I urge all of you to participate when invited as the future of your practice depends on it. We have much to look for in the coming 1st year, as the Council has laid out various programs and activities. These would include Public Lectures, the National Planning Convention as well as the Planning Excellence Award Dinner in conjunction with World Town Planning Day celebration, we shall also be organizing a technical tour to Jakarta (preferably end 2005/early 2006) and to Vancouver for the World Planners Congress (June 2006). There will also be the Bowling, Golf and SUKNA to name a few of the sporting activities and most importantly the launch of MIP’s new office, which will be completed this December. Definitely we will keep you posted, just look out for our mails and more importantly please participate. Lastly, I would like to take this opportunity to wish all our Hindu members Happy Deepavali, and to all our Muslim members, Selamat Hari Raya. Thank You. Norliza Hashim President BERITA PERANCANG S elamat Hari Raya Aidil Fitri & Happy Deepavali to all our members and I hope everyone arrived home safely after the week-long break! Congratulations too to all the newly elected MIP Council members, helmed by the new President, Puan Norliza Hashim. We also have a new team for the Research and Publication Committee headed by Dr Alias Abdullah, and an expanded Editorial team for the 2005/2007 session. Thank you to those who volunteered to help in Berita Perancang. As we approach the New Year, we also have a new Young Planners Committee headed by Md Nazri Mohd Noordin and a Pro-tem Committee for MIP Sabah set up (see reports in the next issue). The Board of Town Planners also has a new line up of members. To round it all up, we have a new look Berita Perancang but with the same old Chief Editor (unfortunately?). This issue is also packed with some new columns and articles which we hope you will enjoy reading. We have such an enterprising and hardworking Advisor in Dr Alias. We received so many articles that we had to embargo some of them for the next issue. Thank you to all the contributors. This issue commemorates the World Town Planning Day 2005 and the National Convention entitled "Planning Towards Liveable Cities" organised jointly by JPBD, Persatuan Pegawai Perancang Bandar & Desa and MIP. Recipients of the MIP Excellence Awards 2005 will also be announced during the World Town Planning Day 2005 Dinner to be held in conjunction with the National Convention. Lastly, I take this opportunity to also wish Merry Christmas and a Happy New Year to everyone. ~ Ishak Ariffin ~ Chief Editor Berita PERANCANG is published by the Publication Committee of the Malaysian Institute of Planners. All communication should be addressed to: Berita Perancang Malaysian Institute of Planners No 51M Jalan SS 21/56B, Damansara Utama, 47400 Petaling Jaya Tel : 03-77287272 Fax : 03-77286545 E-mail : beritaperancang@myjaring.net / beritaperancang@gmail.com Website : http://www.mip.org.my Views expressed in this Newsletter do not necessarily represent those of the Malaysian Institute of Planners 3 4 BLOG PERANCANGAN (PLANNING BLOGS) by ePlanner planning-blogs-by-the-eplanner 2/10/05 "Katrina" jam on Interstate has a no Q jumpers? Why aah? Did you see the pictures of the vehicles queuing on the freeway in Houston trying to escape hurricane Katrina? If the scene was from our North-South Expressway, you'd most likely see seven lanes of traffic on one side of the carriageway instead of three. Like it or not, we have to admit that a lot of Malaysian are selfcentred recalcitrant behind the wheel. 30/9/05 More ugly neighbours! I think the architect and the owner of the house next door are self-centred bigots who like to live on a pedestal in a deserted island. The new owners bought the semi-D property and decided to renovate it. Unfortunately the architect has no sense of harmony or continuity or conformity or scale. They are also unneighbourly. Yes, the ubiquitous great wall of the garden also came up. Shouldn’t a major work like this require planning permission? It is strange that the plans were approved by DBKL without consultation with the immediate neighbours. In the UK I can easily get the Courts to order the garden wall be torn down for obstructing my morning sunlight. 29/9/05 We (Malaysians) are bad drivers Let's admit it - Malaysians are simply horrible & irresponsible drivers. We are simply very rude behind the wheels. Now we have resorted to ramming into the policemen who try to stop us! Two such cases reported in Subang Jaya and Kelantan last July. No amount of traffic engineering & traffic management can make our roads safe until we change our mindset. We are just a bunch of hypocrites. Period. 15/9/05 STP is our future raw water supply Don't laugh but it won't be long before our Sewage Treatment Plant (STP) becomes our main source of raw water at the rate we are polluting our rivers and destroying water catchments. It is now cheaper to treat wastewater discharged from sewage treatment plant than from our rivers for our daily water consumption. In other words, the water in our rivers are dirtier than the ones discharged by our STP. 12/9/05 Kawasan "Kemudahan Awam/ Rekreasi/Golf" Is a golf course a public area? I think it is erroneous to include golf courses in a category that include public open spaces. It gives a misleading picture of the ratio of open spaces to population level because golf courses in this country are not accessible to persons without membership of the golf club that operates the golf courses. 10/9/05 Begging How much money do you give away on a Sunday morning trip to the market? Blind men, agency collecting fund for Makna/WWF etc., surau construction fund, orphanage construction fund, a man raising fund for son's university fees (I bumped into this one at TTDI market car park), ... What is our welfare department doing nowadays? There seem to be a proliferation of 'beggars', both organised and individuals. 3/9/05 Terraced housing layout Hands up those who honestly think the terraced housing layout is really ideal? I just cannot figure out why we still think we need service roads that runs parallel to the main road. From residential areas built in the early 1980s to the present, we still keep the same layout configuration despite creating awkward and hazardous junctions, and in extreme cases, traffic congestion. A current trend is the residents fencing up their backlanes, thereby making backlanes totally inaccessible and redundant. Isn't it time we do serious review of the terrace housing layout and the planning standards? 1/9/05 Did we ever teach our bus and taxi drivers to stop in the lay-by? We should not put poor people in high-rise buildings before they learn how to live in one! It's a sure recipe for disaster. Squatters relocation programme should include a "highrise living" orientation course. Now, do you still wonder why bus and taxi drivers don't stop in the lay-by? The bus driver that give way..? Why was I surprised when the stage bus driver gave way to let me out of the junction at Jalan TAR today? It was a the notorious Metrobus ...!!! 20/8/05 Highway interchange design what is the convention? Highway engineers take note: ingress and egress from any highways should be from slow lanes on the left, not the fast lanes. Period. 6/8/05 Airpark: a new way to utilise under-utilised airports? I don’t know if we have enough millionaires with private jets to make this work but this could be another bird-brain idea that someone might take up one day. We can give new lease of life to underutilised airports in Ipoh, Pangkor, Batu Berendam and even Subang. Or give a reason for Perlis to have an airport? 28/7/05 Have You Tried Using The Putra Line Between 8am & 9am On Weekdays? Changing your routine could make you notice a lot of things, as I did BERITA PERANCANG 5 BLOG PERANCANGAN (PLANNING BLOGS) by ePlanner planning-blogs-by-the-eplanner when attending the CLGF Forum from 12 -14 July 2005 at Crown Princess Hotel. As I usually plan my route before leaving my Shah Alam base, I had the choice of the NKVE or the Federal Highway or the NPE, and then going through the city centre, or taking the MRR. All of them sounded scary. So, I decided on the LRT. I thought it could be fun, as well as helping to reduce the traffic jam in the city. I had my spouse drop me off at the Kerinchi Station to catch Putraline to Ampang Park. As I was approaching the station I could see a number of trains passing through the station at short intervals. My first impression was Putra has done a good job to help alleviate the public transportation problem. Unfortunately I was wrong - I couldn’t even squeeze myself into any of the overcrowded trains. Although the train arrived every 4 minutes, there were only two coaches each. So I waited for another train, and then another, until my patience ran out. I decided to force myself into the next train, not caring about what the other passengers think of me then! The biggest passenger load came from the KL Sentral. The KTM Komuter’s commuters. My goodness! The queues were miles long. At the same time I am proud to say that Malaysians have acquired that civilised culture. Most of the passengers get off at Masjid Jamek, KLCC and Ampang Park stations. The experience brought me a big question mark, “Didn’t DBKL or the owner of the Putra Line anticipate this problem before?”. Probably they’ll need another LRT line, because during peak hours the sole Putra line cannot cope with the current load, what more of the future. I must say that I enjoyed BERITA PERANCANG those 3 days of commuting. I felt as though I’m a Londoner utilising the park and ride system (but there is plenty of room for improvements). 18/7/05 Even the cleaning lady knows! The quality of service provided by different organisations can be gauged by how well their security guards are trained to provide customer information. But Standard Chartered Bank superseded them all when even its cleaning lady can help customers to make cheque deposits through the ATMs! Compare that to some agencies where even their officers manning the customer service counters can’t help you. 17/7/05 Indiscriminate road closures & diversions Local authorities should impose a charge on any party, whether it be a private contractor or government agency, for closing any road space. We have heard one complaint too many about this. The worst had been a road rage case in July between a twin cab pick-up and a Honda Accord which caused a multiple collision on Karak Highway. All because of one impatient driver and another equally impatient one, going through the highway which is perpetually under repair in many parts. We have laws that we can Guess use to impose this charge, otherwise we have to introduce new ones. If contractors were charged for the amount of road space they close per day, l am sure there will be less closed road space used as storage areas ;-} 10/7/05 Pride in the job "Myself and other drivers in London have an important job and we are going to continue to do that as best as we can. We are going to continue our normal lives...", said George Psarabakis, 50, driver of the unfortunate bus #30, Stagecoach London Bus, a day after his bus was blown up at Tavistock Square and Woburn Place junction at 9.47am on 7/7/05. That’s why the bus service is better there. 22/06/05 Motorcycles on KL-PJ Federal Highway Why are there motorcycles on the Federal Highway Route I in PJ/KL when there are motorcycle lanes alongside it? Whatever happened to the rule restricting motorcycles from using the Federal Highway Route I and Jalan Syed Putra? It seems that the rules were relaxed because the motorcycle lanes were obstructed during the construction of Pantai Expressway and Jalan Klang Lama interchanges near Mid Valley City. Now that the bike lanes have been restored there are still a lot of motorcyclists going into the highway. Do we need another human sacrifice before the relevant authorities take the appropriate action to restore order? what building this is? Tesco Store, Belfast, Northern Ireland. Photo courtesy of Dr Mohd Naim Yunus 6 MIP EXCELLENCE AWARDS MIP EXCELLENCE AWARDS 2005 : An Overview by Ihsan Zainal Mokhtar This year’s entries for the MIP Excellence Awards are very exciting as there are entries for all five categories. The entries are of high quality and the entrants came well prepared to stake their claim in their presentation. We look at all the entrants as winners, in a way, as their participation augurs well for the profession and the industry. The panel of judges had a tough time deliberating the entries as most of them had met the minimum criteria set for each category. We also felt that there were some entries that would have done better in another category. The panel of judges represented the public sector, practising planners and academicians. Unfortunately there were last minute withdrawals by some judges that we ended up with a smaller number than we had intended since there was no time to find replacements. It was unfair to reschedule the presentations by the entrants to accommodate the judges’ itinerary as some of them had come from as far north as Perlis and as far south as Johor! A total of 16 entries were received for the five categories, an average of three entries per category. The panel sat for two whole days on the 27th and 28th of October 2005, reviewing the presentation. Most of the entrants were represented by a complete team (town planner, developer and other supporting professions) but there were cases where the town planner was absent. This is rather disappointing, as this is an award for Town Planning excellence! The Town Planner is expected to be fully involved to take charge in presenting the ideas that has been generated by his team. For this we have to give due recognition to the planners who were present and gave a good account of themselves. The results shall be officially announced during the World Town Planning Day 2005 Dinner and Awards Night on 17th November 2005. We shall give a comprehensive summary of the winning entries in the next issue of Berita Perancang. For the first category (Planning Scholar Award) there were some very good ideas presented, setting the right direction in research areas that will enrich the profession in the long term. However, none of the entries were judged as “outstanding contribution to the understanding of issues in Town Planning“ - a key criteria for this category. Impressive in ideas and have the potential to be winners. However, we are awarding for excellence, not potential. For the second category (Planning Innovation Award) the winner must set a new standard for design, practicality and ideas, outside the norm and “outside the box”! Challenging the conventional yet implementable, something which planners and developers will adopt for the next decade or so. There were some great ideas but most of them were unfortunately translated into proposals that contradict planning principles for walk-ability, public transport, public space and access, community interaction, footprints and sustainability, to name a few. There is no winner for this category. The third category was the most difficult for the panel of judges. All the entries had strengths in different areas of Redevelopment, Conservation and Rehabilitation. But the winners (yes there are two winners!) were judged outstanding and excellent because they persevered against all odds over a period of time and successfully implemented their respective proposals. They proved that commitment and dedication do make a difference. The fourth category (Rural Planning) was difficult to judge as the “current rural planning practice had not been clearly defined”. It was judged that the entries did not subscribe to rural planning theme. The Institute may need to refine its criteria for Rural Planning. The panel of judges could not agree on a winner for this category. Finally, the township development award, which comprises two sub-categories, yielded only one winner! The judges were of the view that the planner had successfully guided the developer in a truly professional manner and the emerging township benefited from the translated ideas. This was obvious from the layout design in the first phase of the project. The panel felt that despite some initial difficulties faced by the developer, the good layout planning will create an excellent township. After two full days reviewing the 16 entries and many more hours of deliberating the submissions, there are some important observations made. Firstly, there are many young planners who are making excellent strides in the profession, both in physical design and research. They are involved, confident, committed and most importantly, have a good grasp of what is required to push for excellence in town planning. However, there are others who need to show greater commitment to the job at hand, to improve their communication skills, to increase their understanding of the law and the statutory framework they work in. They should learn from their mistakes. The objective of these awards is to reward excellence; therefore, being good is not good enough for an excellence award. Advance congratulations for the winners and I hope you will strive harder and continue to lead the profession by example. May we all strive for excellence! Ihsan Zainal Mokhtar is the Chairman of MIP Professional Practice Committee and the principal of IZM Consult based in Shah Alam. BERITA PERANCANG MIP Welcomes the following New Members NEWS FROM THE MIP SECRETARIAT 7 GRADUATE MEMBERS 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. En. Mohd Jonid b. Md. Noor En. Arshad b. Razali Cik Yusrina bt. Mohamad Yusof En. Mohd Yazid b. Mahmod Cik Shuhaidah bt Md. Noor En. Misbakhul Hadi b. Zuhri En. Fong Wee Kean Pn. Annie Syazrin bt. Ismail En. Tengku Aris b. Tengku Ab. Aziz Cik Fu Swee Yun Cik Tan Sook Fern En. Mohd Zafaruddin bin Razali Cik Atkah Salwa Bt Bahrom CORPORATE MEMBERS 1. 2. 3. En. Victor Lai Wee Peng 502/2005 En. Ahmed Tariq b. Datuk Aripen503/2005 En. Ismail b. Ibrahim 504/2005 CONSULTANT FIRMS 1. PC/C-136/05 2. PC/C-137/05 Focus Architects & Urban Planners Sdn. Bhd. Siraz Consult Sdn. Bhd. A matter of interpretation . . . . November 2005 11 MIP 4th Council Meeting 17-18 Konvensyen Kebangsaan Sempena Hari Perancangan Bandar Sedunia 2005 Rennaissance Hotel, Kuala Lumpur, 8:30am 17 MIP Planning Excellence Awards & World Town Planning Day Dinner 2005, 7.30pm 21-22 National Planning Seminar 2005: Sustainable Landuse Development. Shah Alam 23 Tea Talk 9 Talk Incentives and Filing Tax Return - organized by PSDC , 4:00pm 24-25 International Seminar on Asset Management. Kuala Lumpur, www.geocities.com/asset_management_community/ 28 Malaysia Toray Science Foundation (MTSF)Invitation to MTSF 12th Prize Presentation Ceremony, 10:00am 28 Sambutan Minggu Alam Sekitar Malaysia Peringkat Kebangasaan di Padang MPK 1, Jln Mahkota, Kuantan, 8:30am 28-30 International Symposium on Knowledge Cities. Al-Madina AlMunawara. www.araburban.com/AUDI/English/Right_en/01Conferences_en/ December 2005 02 MIP 5th Council Meeting 15-16 Taklimat Pemahaman Perancangan Wilayah Dalam Konteks Akta 172 12-13 International Conference on Construction & Real Estate Management (ICCREM 2005) - The Challenge of Innovation organized by School of Housing, Building and Planning, USM 12-13 National Seminar on Land Use & Development, Land Transaction, Laws & Project Management in Malaysiaorganized by Asia Land Seminar January 2006 12-13 First Asia Pacific Conference for ESRI Users. Hong Kong. www.esrichina-hk.com/apuc2006 February 2006 04-06 Delhi Sustainable Development Summit. New Delhi. www.teriin.org/dsds/2006/index.htm 27-3.3 2006 World Congress. Capetown. www.iclei.org Wise Sayings You must stop assuming that a thing which has never been done before probably cannot be done at all - Donald M. Nelson You can’t solve a problem with the same kind of thinking that created it - Albert Einstein. Contributed by FARIS BERITA PERANCANG March 2006 07-08 2nd National Professional Service Conference 2005, - Marketing : The Way Forward in Going Global, Legend Hotel, Kuala Lumpur 09-10 Asia GIS 2006 International Conference. Skudai. www.utm.my/asiagis April 2006 25-27 2nd International Conference of the Arab Society for Computer Aided Architectural Design. UAE. www.ascaad.org May 2006 15-17 25th Urban Data Management Symposium. Aalborg. www.udms.net 18-20 World Forum : Cities and Quality of Life. Geneva. www.qualitedevie.org/qualite/tiki-index.php June 2006 17-20 World Planners Congress 2006. Vancouver. www.wpc2006.com 19-23 World Urban Forum. Vancouver. www.unhabitat.org/wuf/2006/ September 2006 05-07 Brownfield Asia 2006. Kuala Lumpur. www.iem.org.my/brownfieldasia PLANNING & THE LAW 8 DELAY AND MALA FIDE As Grounds for Challenging Land Acquisition Article 13 Federal Constitution Your rights to the land are protected by the Federal Constitution. Under Article 13, it is provided that alienated land cannot be compulsorily acquired or used unless there is a specific law authorizing it, and that law must provide adequate compensation. In Peninsular Malaysia, that specific law is the Land by Salleh Buang Acquisition Act 1960, in force since October 13, 1960. As Dr. Salleh Buang is a former Deputy Dean, Faculty of Law, International Islamic University, author of many authoritative property related books and articles including the Malaysian Torren System, Land Acquisition and Law on Housing Developers. He has a weekly column in Utusan Malaysia, New Straits Times and MASSA. He can be contacted at sallehbuang@hotmail.com. If you are the registered owner of a piece of land in this country, the National Land Code 1965 confers on you a bundle of rights commonly referred to as “indefeasibility of title”.1 In simple terms, what this means is that your rights to the land are beyond question.2 The extent or scope of your rights to the land, however, depends on the express3 and implied4 conditions affecting the land, and any restrictions in interest (if any) affecting the land.5 With indefeasibility, you also enjoy the right of exclusive use and possession of the air space above your land and the land below the surface, and the right of support of your land in its natural state by an adjacent land. These rights are spelt out in section 44 of the Code. With indefeasibility also, you enjoy rights to enter into “dealings” - unless these are prevented by restrictions in interest or encumbrances (like charges or caveats) on your land. Dealings which are recognized under the Code are transfers, leases and tenancies, charges and liens and easements. Apart from these Torrens dealings, you can also enter into other dealings recognized under customary law (such as jual janji) and under Islamic law (such as hibah). But indefeasibility must not be mistaken as permanency. Your rights to the land will come to abrupt end of the happening of any of the following circumstances - if you fail to pay the annual quit rent, if you are in breach of any of the express or implied conditions, if you surrender back the land to the State Authority, or if the State Authority compulsorily acquires your land. In other jurisdictions, compulsory acquisition of private land is known by different names.6 1 2 3 4 5 6 7 8 for adequate compensation, that is guaranteed under the First Schedule to the Act, which defines in great detail the meaning of “market value”. In essence, if any land acquisition proceeding is carried out in contravention of the 1960 Act or the letter and spirit of Article 13, it can (and will) be challenged. Over the years, as we read the growing body of case law, we came across various grounds raised by land owners. Success varied from case to case, depending on the facts of each case and the ability of the land owners to convince the courts that relief should be given to them. Delay in the proceedings Inordinate delay was quite rampant amongst some State Authorities before the Land Acquisition Act 1960 was revamped in the 80s. Prior to that amendment in 1984, there was no specific time frame for a compulsory land acquisition proceeding to be completed.7 As a result, there were several cases of inordinate delay by the relevant authorities - delay in holding the inquiry, resulting in delay in making the Award, and finally delay in making payment of the compensation. In Pemungut Hasil Tanah Daerah Barat Daya Pulau Pinang v. Ong Gaik Khoo8, there was a delay of 7 years between the date of the declaration under section 8 of the 1960 Act and the holding of the inquiry under section 10. The Federal Court declared the land acquisition proceeding as null and void. The court remarked that the longer the delay in making the award the greater the injustice to the deprived landowner. The effect of the delay in that case was that the owner was awarded in 1981 the market price of the land prevailing in 1974. Salleh Abas CJ (Malaya) (as he then was) explained “Every exercise of statutory power must not only be in conformity with the express words of the statute but above all must also comply with certain implied legal requirements. The court has always viewed its exercise as an abuse and therefore treats it as illegal where the Section 340(1). Unless there are vitiating circumstances which will render your title defeasible; see section 340(2). Section 120. Sections 115 (for agricultural land), 116 (for building land) and 117 (for industrial land). See sections 104 and 105. In US, it is referred to as “taking”. In Sarawak, it is referred to as “resumption”; see Part IV of the Sarawak Land Code. After the amendment, land acquisition in Peninsular Malaysia under the Act must be completed within 3 years. [1983] 2 MLJ 35. BERITA PERANCANG PLANNING & THE LAW exercise is done for an inadmissible purpose or on irrelevant grounds or without regard to relevant consideration or with gross unreasonableness . . . It is true that section 10 of the Act does not prescribe the time within which the inquiry into the compensation must be held but looking at the Act as a whole no one could deny that the proceedings under the Act are meant to be in continuous motion so that no such interruption or such undue delay or stoppage as to amount to an abandonment of the acquisition could be regarded as within this motion …”(Emphasis added) Salleh Abas then referred to section 38 of the Interpretation and General Clauses Ordinance 1948 which provides that where no time is prescribed or allowed within which anything shall be done, such thing shall be done with all convenient speed and as often as the prescribed occasion arises. He continued “What then is the “convenient speed”? In our view, it must be “as soon as possible” or “within a reasonable time”, and not “as late as possible”. Obviously what amounts to convenient speed must vary from case to case and in our judgment seven years delay is certainly not a convenient speed as it is so far outside the normal period of time that no reasonable authority could even regard it as reasonable. That being the case the court is entitled to strike down the impugned acquisition proceeding as illegal”. (Emphasis added). Delay in paying compensation Article 13 of the Federal Constitution categorically states that the deprived landowner must be paid “adequate compensation” if his land has been compulsorily acquired. The Federal Court decision in Ong Gaik Khoo above clearly shows that an award made by the authorities in 1981, but on the basis of a valuation in 1974, can never adequately compensate the deprived owner. It is common knowledge that property prices escalate through the years, never remaining stagnant. The Federal Court emphasized in that case that the Collector9 must always keep in view the interests of not only the State Authority but also the interests of the deprived landowners. Failure to do so, “resulting in the diminution of their interests” will amount to “an abuse of power, which entitles the land owners concerned to an order for certiorari”.10 The Federal Court further held that the delay in holding the enquiry, 7 years after the declaration of acquisition, had resulted “in an inadequate compensation” for the deprived landowner and this “brings the inquiry and the award outside the purview and scope of the Act.” 9 10 11 12 13 Collectors of Land Revenue are now called Land Administrators. [1983] 2 MLJ 35, at p. 38. [1986] 1 MLJ 362. [1986] 1 MLJ 362, at p. 365. [1979] 1 MLJ 49 BERITA PERANCANG Consequently, the court added “Such delay tantamounts to an abuse of power and renders the inquiry and subsequent proceedings null and void. We therefore agree with the learned Judicial Commissioner’s conclusion that an order of certiorari should be issued to quash the acquisition proceedings.” Three years later, in the subsequent case of Pemungut Hasil Tanah Daerah Barat Daya Pulau Pinang v. Kam Gin Paik & Ors11, where there was a similar delay of 7 years before the enquiry was held, the Privy Council held, citing with approval the earlier decision of the Federal Court in Ong Gaik Khoo, that the delay “had the effect” of making the proceeding “in contravention of the statutory requirements and did not constitute a valid exercise of power.”12 The Privy Council emphasized that a “valid award was a prerequisite” for the Land Administrator to take possession of the acquired land. Since there was no valid award in the instant case, the Privy Council held the Land Administrator was “not entitled to do so and is therefore under a duty to restore possession” of the land to the land owner. The Privy Council, however, noted that the Government Proceedings Ordinance 1956 precludes such an order to restore possession being made against the Government. What the court could (and should) do was to declare that the deprived landowners (the respondents in the case) were entitled as against the Land Administrator (the appellants) to possession of the land. Mala fide Mala fide means bad faith. It is the opposite of bona fide, good faith. Mala fide is more than just malice, spite or ill. The following selected cases illustrate the meaning of the term as well as the difficulty in proving them. Difficult, but not impossible. In Syed Omar bin Abdul Rahman Taha Alsagoff & Anor v. The Government of the State of Johore13, the appellants’ land, measuring 5,700 acres, had been compulsorily acquired by the Government of Johor. However, documents later showed that only 2,000 acres were required for the Pasir Gudang Port project. The remaining 3,700 acres were marked somewhat vaguely as being required for some “special purposes”. The appellants challenged the validity of the acquisition, alleging mala fide. They failed at the High Court, the Federal Court, as well as at the Privy Council. Delivering the decision of the Privy Council rejecting the appeal, Viscount Dilhorne said - 9 PLANNING & THE LAW 10 “The appellants in this appeal contended that the proceedings were null and void as they say their lands were acquired for purposes other than those for which the respondent was empowered under the Act to acquire them… The Act imposes no obligation on the acquiring authority to produce a plan for inspection which shows how the land to be acquired is to be zoned… Section 8(3) … provides that the Declaration shall be conclusive evidence that all the scheduled land is needed for the purpose specified therein. While it may be possible to treat a Declaration made . . . as a nullity if it be shown that the acquiring authority has misconstrued its statutory powers . . . or that the purpose stated in the Declaration does not come within section 3, in the absence of bad faith, which in the instant case is negatived by concurrent findings of fact in the courts below, this sub-section renders it not possible to challenge the validity by asserting that some of the land to which it relates is not needed by the purposes stated or that the land is in fact wanted for purposes other than those specified. Consequently, the fact that the lands listed in the Schedule amounted to some 5,700 acres when the total area of the State Development Officer’s original requirement was 2,000 acres does not help the appellants, nor can it really be contended that the purposes stated in the Declaration do not come within section 3.” (Emphasis added) Although the Privy Council dismissed the landowner’s challenge, it did acknowledge that an acquisition proceeding can be successfully challenged if mala fide (bad faith) can be proved. Syed Omar’s case once again reiterated the principle, established earlier in Yeap Seok Pen v. Government of Kelantan14 that mere suspicion is not enough. In that case, which came from Kelantan, Lord Griffiths held that “bad faith is an exceedingly serious allegation to make and she who makes it has a heavy burden to discharge the onus of proving it”. It is indeed regrettable that in Syed Omar’s case, the Privy Council did not (failed to) refer to its own earlier decision in Municipal Council of Sydney v. Campbell & Ors15. In that earlier case from Australia, the appellants were empowered by law to acquire land for making or extending streets as well as for carrying out “improvements in or remodeling any portion of the city”. They had acquired the respondents’ land to extend Martin Place, an important thoroughfare in the centre of Sydney. The respondents challenged the acquisition. In the course of the trial, the respondents admitted that “no plan of improvement or remodeling was at any time before the Council…” In its judgment in favour of the respondents, the Privy 14 15 [1986] 1 MLJ 449 [1925] AC 338. 16 17 Council noted “No plan for improvement or remodeling was at any time decided upon; and, indeed, no such plan was ever considered by or proposed by the Council … Their Lordships think it not reasonably disputed that at the time of the passing of the resolution in June, the Council conceived it to be within its powers to resume lands not needed for the extension itself, but solely for the purpose of appropriating the betterments arising from the extension… A body such as the Municipal Council of Sydney, authorized to take land compulsorily for specified purposes, will not be permitted to exercise its powers for different purposes, and if it attempts to do so, the Courts will interfere”. The Privy Council, however, remarked that “Where the proceedings of the Council are attacked upon this ground, the party impeaching these proceedings must, of course, prove that the Council, though professing to exercise its powers for the statutory purpose, is in fact employing them in furtherance of some ulterior object”. Looking back on Syed Omar and the Sydney case, both decisions of the Privy Council which are binding on Malaysian courts, the law can be summarized as follows (1) A compulsory acquisition proceeding can be challenged on the grounds of mala fide, provided there are cogent evidence to prove it. The onus of proof is on the party alleging mala fide. (2) The absence of any plan for the acquired land is an indication of bad faith, although whether it is sufficient to convince the court is a separate matter. (3) If the acquiring authority did actually acquire the land for some other (or improper) purpose, “the Court will interfere”. Unconscionable or unmeritorious conduct In the recent case of Stamford Holdings Sdn Bhd v. Kerajaan Negeri Johor & Ors17, the appellants’ land, measuring 6,600 acres were compulsorily acquired by the Government of Johor The appellants challenged the acquisition, claiming it as an unconstitutional means of depriving them of their property. They also alleged that the acquisition was outside the ambit of section 3 of the Land Acquisition Act 1960. The facts of the case, as alleged by the appellants, showed that various people in high places as well as politicallyconnected personalities were somehow involved. The appellants’ statement of claim was, however, struck out by the High Court on the ground that there was no cause of action. Against that decision, the appellants appealed to the Court of Appeal. [1925] AC 338, at p. 343. [1998] 1 MLJ 607. BERITA PERANCANG PLANNING & THE LAW What is peculiar about this case is that the respondents failed to file their defence to the appellants’ statement of claim. It was argued on behalf of the respondents that the declaration under section 14 of the 1960 Act cannot be challenged in any way. Section 14 states that “Every award … shall be final and conclusive evidence of the area of any scheduled land, of its value … and of the apportionment of the compensation awarded …” In its decision allowing the landowners’ appeal, the Court of Appeal cited with approval the Privy Council decision in Syed Omar that it is still possible to challenge an acquisition if it can be shown that the acquiring authority had “misconstrued its powers” or that it had acted in “bad faith”. The Court of Appeal accordingly held that “On the strength of these authorities and in the light of the allegations in the statement of claim, we have no alternative except to agree with the learned appellants’ contention that, in the circumstances of this case, the acquisition proceedings may be challenged on the ground of mala fide or bad faith.” The Court of Appeal also observed that the acquisition proceedings in this case “had deprived the appellant of its legitimate expectation of profit from the development of the aforesaid 6,600 acres of land. These proceedings had in fact deprived the appellant of its property which could have been at least sold with a profit if the property had not been acquired - even assuming that the first respondent would never have approved their application for development”. In the concluding part of its judgment, the Court of Appeal said that “The facts as stated in the statement of claim … clearly show the unconscionable or unmeritorious conduct of the respondents. At least those facts are, in the absence of any defence filed, assumed true, stand unrebutted and would constitute a good cause of action against the respondents. As such, the respondents’ application should not have been granted by the High Court.” Pursuant to the judgment of the Court of Appeal, the case must go to full trial on the merits of the appellants’ claim. However, it later transpired that the two parties had agreed to an amicable settlement of RM405 million, which was duly recorded as a consent Judgment in chambers by Zainun J. The lesson we learn from Stamford’s case is that if there is evidence to back up the challenge, a landowner can raise unconscionable or unmeritorious conduct of the part of the acquiring authority as one of the grounds for rendering the acquisition null and void. Summary Based on existing case-law, some of which had been highlighted above, a landowner wishing to challenge the BERITA PERANCANG validity of an acquisition proceeding on the grounds of inordinate delay or mala fide can cite the following – A. Principles derived from Ong Gaik Khee: (i) inordinate delay, if proved, will make the acquisition illegal, grossly unreasonable; (ii) inordinate delay, if proved to have caused “diminution of interests”, will amount to “an abuse of power” and a ground for certiorari; (iii)inordinate delay, if proved to have caused the compensation to become “inadequate”, will bring the inquiry and the award outside the scope of the law; (iv)inordinate delay is “an abuse of power”, rendering the acquisition proceedings “null and void”; B. Principles derived from Kam Gin Paik: (i) inordinate delay had “contravened statutory requirements”, making the acquisition not a “valid exercise of power”; (ii) if the acquisition is not a valid exercise of power, no valid award had been made; if no valid award had been made, no possession can be made; state must “restore possession”; C. Principles derived from Syed Omar: (i) mala fide, if it can be proved, will render the acquisition null and void; (ii) mala fide is difficult (but not impossible) to prove, and onus of proof is on the party who alleges; D. Principles derived from Municipal Council of Sydney: (i) the absence of any plan to carry out stated purpose of acquisition is evidence of mala fide; (ii) if land acquired was used for a different (improper) purpose, that is evidence of mala fide. E. Principles derived from Stamford Holding: (i) it is possible to challenge an acquisition proceeding if it can be shown that the acquiring authority had “misconstrued its powers” or that it had acted in “bad faith”; (ii) any unconscionable or unmeritorious conduct on the part of the acquiring authority, if proven, is evidence of mala fide. When challenging an acquisition proceeding, landowners usually apply for certiorari. If the challenge is successful, certiorari will be issued by the court to quash the acquisition. Such initial setbacks do not, however, mean that the State Authority cannot embark on a fresh acquisition exercise - except that by this time, the market price of the acquired land will be much higher, due to the passage of time. Apart from certiorari, deprived landowners also apply for a declaration. In Kam Gin Paik above, the court explained that under the Government Proceedings Ordinance, an order cannot be made against the State Authority to restore possession to the landowners. In such a case, the appropriate remedy is declaration. 11 12 FEATURE Viewpoint, New Straits Times BALANCING ECOLOGY AND DEVELOPMENT by Nik Hanita Nik Mohamad Nik Hanita Nik Mohamad is an ecologist who lectures in the Department of Landscape Architecture of Universiti Teknologi Mara. She can be contacted at nhanita@salam.uitm.edu.my However, human civilization has led a large impact on the environment; in our own time, we have reshaped a large part of earth’s surface with concrete in our cities to accommodate housing for the urban population. These changes, have, until recently, been relatively trivial factors in the global ecological system. Indeed, it was always safe to assume that nothing we did or could do would have any lasting effect on the global environment. But, it is precisely that assumption which has brought about the catastrophe that appears right at our doorstep. It is precisely that assumption that now must be discarded so that we can think strategically about our relationship to the environment. We cannot treat the earth and environment as something separate from human civilization; we are part of the whole system and looking at it ultimately means also looking at I read with great interest the furore over land development on a forest area of 1,200 ha on the northern fringe of Taman Pertanian Bukit Cahaya Seri Alam. There are so many distressing images of the environmental destruction that is taking place and the ecological encroachment into the park, so much so that it seems impossible to know how to absorb or comprehend. As a lecturer committed to educating landscape architectural students in Land Use Ecology and Land Law and Implementation, I discovered that the current issue provides many interesting facets for discussions as a case study. Besides bridging the theories of ecological studies and the practical realities of human intervention of the natural system, I realize that this issue highlights the need for environmental ethics to be an integral element in good governance practice! In this light, I must acknowledge my appreciation to the media for bringing the issue to the public attention, least not for the benefits of academic discourse. This issue has captured the national interest and it had been discussed, debated and deliberated by the land law experts, consultants, NGOs and the academicians. However, I will approach the discussion from an ecological viewpoint and analyze the inter-relatedness of the issues as a whole system and not fragmented pieces of a puzzle. The ecological perspective begins with a view of the whole system and understanding various ecosystems interact in patterns that tend towards balance and persist over time. The most basic premise of understanding ecology is that the natural environment including forests, water catchments, grasslands, wetlands and the water bodies are connected to one another as one system, which cannot be treated as separate entities. The cyclic movement of nutrients and energy flow through the system helps to maintain a delicate equilibrium to ensure a continuing sustainable environment. ourselves. And if we do not see that the human part of nature has an increasingly powerful influence over the whole of nature, then we will not be able to see how dangerously we are threatening to push earth out of balance. Senator Al-Gore (never mind his dinner etiquette!) inspired me through his book, ‘Earth In The Balance’ where he uses the metaphor of a dysfunctional family to show how human civilization must heel itself-psychologically and spirituallybefore we can heel our ailing environment. Convinced that human civilization have brought us to the brink of catastrophe, he argues that only a radical rethinking of our relationship to nature can save the earth’s ecology for future generations. Ecology sounds so fashionable in the modern world that we are living in. Not only limited to the forest or the seabed, ecology is now portrayed to market a certain popular vacuum cleaner product as well as an effective marketing tool for housing themes! I am an optimist and would like to believe that it is used responsibly and the property promoters really ‘walk their talk’ and not merely as a gimmick for promotion. Needless to say, the public is now embracing the concept of ecology. However, it is the Bukit Cahaya Seri Alam Park issue that really elevated ecology to the stardom status. BERITA PERANCANG BALANCING ECOLOGY & DEVELOPMENT It is worth noting that the controversial development is not the sole instance of land and environmental mismanagement. It is documented that almost one-fourth of the protected areas in Peninsular Malaysia have been lost to development, logging and agricultural activities. The total protected areas, consisting of wildlife sanctuaries, State parks, wetlands and Taman Negara are gazetted under Federal and State laws could have exceeded one million hectares if the sites had not been disturbed or degazette by the State governments. It may surprise most of us to know that as in 2003, only 3 out of 80 green lungs in Petaling Jaya have been gazetted whilst the task to preserve Cameron Highlands is prove to be tough when there is only 52% of the highlands are gazetted as forest reserve. The environmental devastation that took place in the 1,200 ha area under development in the northern fringe of the park surpassed other reported cases of land mismanagement by the merit of the scale of the land clearing and the ecological impacts on the environment. Consider this; 1. A portion of land clearance works was carried out without the planning permission approval from the local council. This mean felling of many invaluable plant species including rare, endangered and heritage trees, which are not uncommonly found, in forest reserve. These invaluable species are protected from being felled by unscrupulous developers or individuals by provisions in Tree Preservation Order (TPO). The Town and Country Planning Act (1976) was amended in 1995 to include provisions on protection on existing landscape including Tree Preservation Order and ensuring provisions of open space as part of new developments. Under Tree Preservation Order, the felling of trees with trunk more than 15cm is prohibited and requires written approval from the local council. BERITA PERANCANG 2. Assuming that the planning permission was obtained by the other developers on the basis that they have complied with the requirements of the planning process, what assurance do the public have that the local councils have adhered to the other requirements, for instance Development Proposal Report stipulated under the same Act for all development works larger than 5 acres. This report requires the neighboring land uses be given serious considerations to ensure compatibility of land uses and that no encroachment or disturbances to the neighboring land uses. Bearing in mind that in this case, the neighbor is the State Agriculture Park envisaged to being the world’s largest agro-forest by 2007! 3. The flattening of hills The land clearing activities carried out include hill cutting and hill slopes having a gradient of more than 35 degree are not allowed for any types of development, at all cost. Can we seriously believe that ‘officials at IKRAM and the Mineral and Geoscience Department are saddled with their own workload and thus, not much communication among agencies and the local council’ ? 4. Absence of buffer zones between the area being cleared and the park. Any landscape architecture undergraduate would attest that a buffer zone need to be provided for any proposed development on land which are subjected to different land use adjacently. The rationale for the buffer zone is to soften or slow the impacts of development on the adjacent land uses. The absence of buffer zones further compounded the environmental destruction on site and ecological encroachment into the park vicinity. The ecological effects were already well-documented in Utusan Malaysia in its issue on 6 February 2005 and it can be further categorized as follows; 1. Destruction of wildlife habitats and significantly reducing the biodiversity of the flora and fauna. The damage is visibly seen at the Tropical Fruit Orchard, Orchid farm and Vegetable farm. 2. Surface run-off, loss of invaluable top soil layer and siltation resulting in declining water quality, eutrophic lakes and loss of fish and other aquatic species. The park has episodes of flash floods common to the Culture Village and Sg. Baru dam. Although ecological encroachment into the park was only reported in the past one month, the actual damage to Bukit Cahaya Seri Alam Agriculture Park had taken place since 2003 . The Culture Village was flooded up to 8 metre high where water scaled the roof of the model houses. People outside the ecological fraternity will have a different understanding of the ecological perspective. This is evidenced from the perception that the massive land clearance on the 1,200 ha of land and the adjacent Bukit Cahaya Seri Alam Agriculture Park are two separate issues altogether and should be viewed and treated differently. Instead of being enlightened on the 13 14 BALANCING ECOLOGY & DEVELOPMENT environmental devastation, the public are now taken to task for failing to understand and separate the two issues! The issue highlighted by the media was on ecological encroachment to the park. This was supported by visuals and personal visits to the site. Here, ecological encroachment doesn’t equate physical encroachment. There may not be any squatters setting up homes in the park, however, the ecological encroachment brought on by the massive land clearance activities adjacent to the park is testimonial evidence of the ecological destruction taking place. Although the park and the adjacent 1,200 ha piece of land are different titles and therefore, belong to different land owners, however, the basic premise of ecology still stand and they are all in one system and cannot be considered as separate entities. It has been established that the delicate balance between ecology and development had been tilted. However, It must be acknowledged that there is genuine concern for environmental protection and conservation of natural resources by the Federal government. Malaysia, to its credit, can boast of its development legislation and policies which are highly sensitive to environmental issues. There was a wave of environmental legislation and policies for environmental protection and conservation of natural resources, even before independence. Land use planning,, in Peninsular Malaysia is undertaken wholly within the provision of Town and Country Planning Act (1976), Act 172 and it’s amendments in 1995. The legislation provides for a comprehensive framework for the integrated approach to planning for the use, development and conservation of land and related resources. The Act was further amended in 1995 to take into account matters such as the preservation of natural topography, preservation of trees, the creation of open space and provision for EIA as a tool for development control. The government has also drawn up guidelines for Development Proposal Report, Tree Preservation Order, Protection of Natural Topography and Conservation of Historical Areas. Malaysia’s land policies are environmentally sensitive but implementation needs to be tightened. Clearly there is a disparity between good intention of the Federal and State governments and bad practice by the various government agencies and the people with authority. The question to be asked is how to incorporate the ecological framework into the big sphere of politics of development? To be able to incorporate ecological framework into the existing sphere, we first need to comprehend the complexities of local politics, the degree of societal consensus about planning issues, the capacity and commitment of the staff and leadership of local councils and other authorities, the interaction and enforcement style between developers and planning agencies and least not, the genuine commitment by the policy makers to place ecological considerations as a prime determinant in the development process. The ecological framework calls for an integration between the built environment disciplines with the natural science disciplines. The built environment professionals such as architects, urban planners, landscape architects, land surveyors and civil engineers; and other allied professionals and the natural scientists like ecologists, botanists, zoologist and geologists should have the common intention and share the responsibility to heal the ailing environment. They can then merge their intellectual and professional know how into a more holistic approach to development. The natural science disciplines are especially valuable because it explains the carrying and loading capacity or the limit of each land resources and it provides the built environment professionals with the understanding of the limit of the land for the proposed uses. They can aid in our understanding of environmental stresses from global to local levels and in the selection of land uses most compatible with the environment. The expertise of the natural scientists should be tapped at the early preliminary stage namely, the technical planning stage of development. This involves environmental inventories and analysis of the soil types, plant associations, microclimates, floodplains, land uses, water features, slopes as well as wetlands, valued habitats, and rare and endangered species. It also includes assessments of impacts that proposed land uses may have on the environment by use of quantitative and scientific methods which are more objective and not intuition-based. The ecological sensitivity of land must be made the prime determinants in evaluating the suitability of proposed development during decision-making process. Presently, we do have Environmental Impact Assessment report that is used as a planning tool for the authorities to evaluate proposed developments. However there are many loopholes in the assessment itself whereby detailed and comprehensive ecosystem assessment where the biotic components including plants, animals and microorganisms are lacking. Again the question of expertise, resources and commitment has affected the agency’s capacity to implement the policy. Last but not least, quality of life is maintained and sustained when man can live in perfect harmony with the Mother Nature, when he is willing and able to take care of the environment, which will in turn take care of him. Seen from this perspective, have we maintained our quality of life and have we taken care of our environment or have we become Mother Nature’s worst enemy? Nik Hanita bte Nik Mohamad A regular subscriber to New Straits Times and ecologist who lectures in the Department of Landscape Architecture, Universiti Teknologi MARA. The writer can be contacted at nhanita@salam.uitm.edu.my BERITA PERANCANG FEATURE LAND USE PLANNING AND ENVIRONMENTAL PROTECTION IN MALAYSIA by Ainul Jaria Bt. Maidin* Land planning system was very much influenced by engineering and architectural factors to suit the problems and meet the demands of the needs of urban planning initially.1 However, with the progress of the society, the central role of the land planning process started to change, as it became more and more complex in nature. This was perhaps due to the intensity of a certain development activity that required determining issues relating to location, size and patterns of land utilisation.2 The Town and Country Planning Act 1976 provides that the local planning authority must consider measures for the improvement of the environment and the management of traffic.3 The local planning authority is also required to have regard to the existing policies in respect of environmental protection of the state and the nation.4 The public participation avenues in the planning process provide opportunity for the public to ensure incorporation of environmental protection measures.5 This is achieved by ensuring that the report of survey undertaken by the local planning authority is publicised. The local planning authority is required to consider every representation made, and incorporate the same into the plan, if they reflect the aspiration of the community and good planning principles. Further, the local planning authority in preparing the detailed planning schemes or layout plans follow a series of planning standards and design guidelines such as public open spaces provision, car parking space, buffer zones and greening of development sites. These standards are aimed at creating a convenient, safe and pleasant urban environment with adequate community facilities and public utilities. This shows the extent to which sound land use planning and the environment is given priority by the Malaysian government. Planning law can assume an important role in delivering environmental protection as it is primarily concerned with the orderly management of change, which is fundamentally political in nature, providing a framework within which various issues can be weighed against each other.6 Since land use planning may undoubtedly touch on numerous aspects of human life, it goes without saying that such control and management of the land would be expected to reflect not only the socio-economic aspirations of the community but also to ensure that societal, ethical and moral aspects of land utilisation are not neglected. The role of the planning authority is, therefore, to provide a * Assistant Professor, Public Law Department, Ahmad Ibrahim Kulliyyah of Laws, International Islamic University, Malaysia LL.B (Hons.) (IIUM); Master in Comparative Laws (IIUM); Ph.D (UWA, UK); Advocate and Solicitor, High Court of Malaya. 1 Goh, B.L., "Import of Urban Planning into Malaysia" in Urban Planning in Malaysia, History Assumptions and Issues, (Petaling Jaya Malaysia, Tempo Publishing,1991) Chapter Three generally. 2 Bell, S.& McGillivray, D., Ball & Bell on Environmental Law, 5th.ed.(Great Britain, Blackstone Press Ltd., 2000) p.293; For general discussion on aspects of the role of the planning law in promoting environmental protection see McEldowney, J.F.&McEldowney, S.,Environment and the Law, (UK, Longman, 1997) p.103; Aspects of Britain - Planning, (London, HMSO Publications Centre, 1992) p.1; Wolf, S. and White, E., Environmental Law, (Great Britain, Cavendish Publishing Ltd.,1995) BERITA PERANCANG Dr. Ainul Jaria Maidin is an Assistant Professor in Public Law Department of Ahmad Ibrahim Kulliyyah of Laws, International Islamic University and an Advocate & Solicitor, High Court of Malaya. She can be contacted at ainulj@iiu.edu.my. general, though calculated, framework within which various socio-economic as well as political issues and values could be balanced. The local planning authority upon which the planning powers are vested is an elected body where ultimate power is with elected members and therefore, has greater legitimacy in terms of making a balanced policy decision to allow or refuse a development. It must be mentioned at the outset that the planning system is not and cannot be the only method to protect the environment. However, no one can disagree with the fact that the process can assume an important role in promoting environmental protection wherein information relating to environmental impacts of a development can be considered in the planning decision making process. This system has contributed significantly to the protection and enhancement of the built environment of all towns and villages throughout Malaysia.7 An organised land use system also can offer opportunities to anticipate and forestall environmental harm by refusing development consent or by separating incompatible land uses. This necessarily leads us to the fact that the land planning system is principally a system of anticipatory control of various land use patterns whereby the controlling authority will not grant any approval for a development activity if adverse impact on the surrounding environment is envisaged.8 However, the extent to which planning controls can be used to intervene further to prevent environmental harm remain limited as the land planning process itself is not always able to assess the impact of planning activity on the environment as well as on the probable victims of such activity since it is mainly concerned with location and siting of a development project. This is because planning law is reactive and managerial rather than protective.9 Thus, most countries, including Malaysia, have adopted the new perspective of town planning which encompasses all the disciplines mentioned above in order to develop a sustainable development system, which will be able to meet both the demands for comfortable human habitation as well as environmental conservation.10 3 4 5 6 7 8 9 10 at p.334. Franklin, D., et.al., Pollution in the UK.,(London, Sweet and Maxwell, 1995) p.3. S 8(3)(a) of the Town and Country Planning Act 1976. S 8(4)(a) of the Town and Country Planning Act 1976. S 9(1) of the Town and Country Planning Act 1976. Ibid. Zainuddin Mohammed, “Key Issues in Environmental Planning in Malaysia,” Federal Department of Town and Country Planning, Ministry of Housing and Local Government, (Unpublished, 1995) p.1. Kadouf, H.A., & Ainul Jaria Maidin, “Theory and Practice in Land Use Planning in Malaysia: An Overview,” paper presented at the National Seminar on, “The Legal Regime of Sustainable Land Use and Environmental Development: Policies and Trends,” 9th August 2003, Banquet Hall International Islamic University, Malaysia. Hughes, D., Environmental Law, (UK, Butterworths, 1996) at p.151. Ibid. 15 16 CALENDAR OF EVENTS JUNE 2005 3 Majlis Bandaraya Melaka - Persembahan Kebudayaan Sempena Minggu Kebudayaan Melaka - Jiangsu Venue : Auditorium Taman Budaya. Time : 8.00 mlm 7 JPBD - Mesyuarat Jawantankuasa Peyelarasan Hari Perancangan Bandar Sedunia bil 2/2005 Venue : Bilik Mesyrt Tanjung. Time : 9.30 pg 8 BIM - Publication, Information & Comm. Committee Meeting 2004/2005 Venue : BIM Board Room. Time : 5.00 pm 10 BIM - Finance Working Committee Meeting (1)/2004/2005 Venue : Board Room BIM. Time : 5.30 pm - 6.30 pm 13 PAM - Design in American Oak Venue : Hilton Kuala Lumpur. 16 JPBD (HQ) - Ceramah Petunjuk Pembagunan Mampan bagi Menyelaras Pelan Pembagunan oleh Emeritus Prof Dr Peter J. Peterson. Venue : Bilik Mesyuarat, Tingkat 18, JPBD Selangor. 21 ISM - Opening Ceremony of the 7th Surveyor’s Congress Venue : Selangor 1 & 2, Sheraton Subang. Time : 9.00 am 22 BIPC - Building Industry President’s Council Meeting Venue REHDA Secretariat. Time : 2.30 pm 22-23 FCIC - International Symposium on Leveraging the Latest ICT Techniques in Enhancing the Competitiveness of Consulting Firms Venue : Putrajaya International Convention Center 23 JPBD - Mesyuarat Jawatankuasa Pakar Kajian Garis Panduan Pengangkutan Mapan Dalam Konteks Guna Tanah Venue : Bilik Mesyuarat Tanjung. Time : 2.15 ptg 25 PAM - CPD Seminar 2005, Construction Procument Management System and the Architects Venue : PAM Southern Chapter. 25 PAM - TAK Projects, A Board Perspective- PAM CPD_ Venue : Function Room, PAM Centre. Time : 10 am - 12.30 pm 25 INTAN - INTAN EXECUTIVE TALK- Integrity, Ethics and Morality Venue : Dewan Sri Baiduri. Time 10.00 pg - 12.00 tgh 29 PSDC - Seminar on ‘Presentation Skills for Professionals - Clinching Contracts Via Effective Presentations’ Venue : Function Room 1, Level 4, PNB Darby Park. Time : 8.15 am - 5 pm 29 BIM - Board of Management Meeting Venue : Board Room BIM. Time : 5.30 pm - 7.30 pm JULY 1 JPBD - Majlis Perasmian Seranta & Bantahan Awam Venue : Dewan Perdana, Hotel Grand Blue Wave. Time 9.30 pagi 2 PAM - Digital Surveillance Today, the Present, the Future and the Capabilities it offers Venue : PAM Centre. Time 9.00 am - 12.30 pm 4 BIM - Meeting for Editorial Board of Professional Bulletin 3rd Quarter 2005 Venue : BIM Secretariat, Meeting Room. Time : 5.00 pm 5-6 REHDA - National Real Estate Convention 2005 Venue Nikko Hotel Kuala Lumpur. Time : 9.00 am 7 Jabatan Alam Sekitar - Penganugerahan ‘Bandar Lestari- Anugerah Alam Sekitar’ 2003/2004’ Venue : Hotel Marriot, Putrajaya. 9 UMNO _ Konvesyen Melayu Bandar Venue : Hotel Grand Blue Wave, Shah Alam. Time : 8.00 pagi 13 JPBD - Mesyuarat Pertandingan Kejohanan Liga Bowling 10 Pin MIP 2005 Venue : Bilik Mesyuarat Melati (Ibu Pejabat JPBD). Time 3.00 pm 14 PSDC - Meeting on Goals and Service Tax with Professional Venue : PSDC Board Room. 16 JPBD - Pertandingan Kejohanan Liga Bowling 10 Pin dan Bowling VIP MIP 2005 Venue : Level 3, Golden Ten Pin Bowl. Time : 4.00 ptg 23 BIM - Professional Evening with Dinner Venue : Legend Hotel. BIM - 32nd Annual General Meeting 2004/2005 Venue : Meeting Room, Legend Hotel. 25-30 INTAN - Kursus Kepimpinan dan Pengurusan Organisasi Venue : INTAN Bukit Kiara, Kuala Lumpur. Time : 8.30 am 24-26 JPBD - Mesyuarat Pegawai Kanan JPBD Semenanjung Malaysia Kali ke-19 Venue : Pulau Pinang 25 JPBD - Majlis Pelancaran Rancangan Fizikal Negara Venue : Shangri-La Hotel, Pulau Pinang. Time : 9.00 pagi - 1.00 ptg 26 JPBD - Pelaksanaan Tech - In E-Agenda 21 Selangor Venue : MIMOS Berhad. Time : 2.30 ptg - 4.30 ptg 27 INTAN -INTAN Executive Talk (The Malaysian Economy : Looking Ahead) Venue : Dewan Bankuet 1. Time : 2.30 ptg - 4.30 ptg 28 PSDC - Tea Talk Credit Insurance - for Export of Professional Services Venue : Bilik Gerakan, Level 6. Time : 3.00 pm - 5.00 pm 30 MIP - 33rd Annual general Meeting Venue : Sheraton Hotel Subang. 27 Veterinary Association M’sia - VAM Annual and 17th Congress Dinner Venue : Palm Garden Hotel, Putrajaya. Time : 7.30 pm AUGUST 2-3 MDTCA - National Consumer Convention Venue : Istana Hotel. 3 JPBD - Majlis Dialog Draf Rancangan Struktur Negeri Selangor 2020 Venue : Classic Ballroom, Holiday Villa Subang. Time : 9.0 am 9 Kementerian Pengajian Tinggi - Mesy Membincangkan Deraf Alam Bina Venue : Bilik Mesyuarat, Aras 4. Time : 2.30 ptg 11 ACEM - Seminar on Special Structures 11 BIM _ Meeting of the Board of Management Venue : Boardroom, BIM Secretariat. Time : 5.30 pm - 6.30 pm 12 IIUM - Public Lecture “History of Islamic Capital Market” Venue : IIUM. Time : 9.00 am - 12.30 pm Venue : Equatorial Hotel 12-13 PAM - The Unparalleled Eye Celebrating the Singular Vision Venue : Nikko Hotel. Time : 8.00 pm 12 MIP - 1st Council Meeting 2005/2007 Venue : MIP Secretariat. 15 JPBD - Mesyuarat JK Penyelarasan Hari Perancangan Bandar Sedunia Venue : Bilik Mesyuarat Tingkat 20. Time : 2.30pm 17 DBKL - Majlis Penyerahan Jalur Gemilang Venue : Ruang Legar Bangunan DBKL. Time : 8.30 pm 18 UKM - Majlis Syarahan Pemikiran Bangi Venue : Bilik Senat, UKM Bangi. Time : 10.30 am 22-23 UPM - National Workshop on Tsunami & Earthquake Hazard Mitigation Venue : Shangri-La Hotel Penang. Time : 9.00 am 22 MIP - Seminar on Sustainable Development Towards Energy - Efficient Townships Venue : Holiday Villa Subang Time : 9.00 am 23 Jabatan Alam Sekitar - Persidangan Wanita dan Alam Sekitar 2005 Venue : Bangunan Puspanitapuri Time 8.15 am - 5.00 pm 24 - 26 Persatuan Pengurusan Kompleks (PKK) M’sia - Asian Convention of Shopping Centres 2005 Venue : Sunway Lagoon Resort Hotel. 25 - 26 JKPTG - Kajian Berkumpulan Penggubalan Dasar Tanah Negara Venue : Royal Adelphi. Time : 8.30 am 25 PSDC - Seminar on Financial Literacy for Non- Finance Professional Venue PNB Darby Park. Time : 8.30 am - 5.00 pm 29 BIM - Meeting for Publication, Information & Communication Committee 2005/2006 Venue : BIM Secretariat. Time : 5.00 pm 30 Kerajaan M;sia - Perayaan Ambang Merdeka Venue Dataran Merdeka. Time : 9.00 pm SEPTEMBER 1 BIM _ Meeting of the Board of Management Venue : Secretariat BIM. Time : 530 pm - 7.30 pm 3- PAM - CPD Seminar 2005 (Housing Development Act (Control and Licensing) Venue : PAM Centre. Time 9.00 am - 12.30 pm 3 PAM - Paints, Paints Problems Venue : Sarawak Chamber Crown Plaza Hotel. Time : 9.00 am - 5.30 pm 5-9 UPM - Value Engineering Training Workshop Venue : Shangri-La Hotel Putrajaya 8 DBKL - Pelan Tempatan Kuala Lumpur Venue : Dewan Megapuri. 8 PSDC - Merketing Professional Services Seminar Venue : PWTC. 5 JPBD - Mesyuarat Jawatankuasa Teknikal Venue : Dewan Sri Endah, Putrajaya. Time : 9.00 pg - 5.00 ptg 10 PAM - Commercial Refrigeration Cooling Technology : The Application, Monitoring & Controlling System Venue : PAM Centre. 17 PAM - Historical Building Conservation, Treatment and its Application to Current Construction Venue : PAM Sarawak Chapter. 11-14 USM - 8th International Asian Planning School Association (APSA) Venue : Grand Plaza Park Royal. Time : 9.30 pm 12-13 CIBD - Intregrity Forum on Construction Sector Venue : Institute of Integrity, Malaysia 12 BIM - Meeting for Editorial Board of Professional Bulletin Venue : BIM Secretariat. Time : 5.00 pm 15 Jabatan Landskap Negara - Prog Menanam Pokok Bunga Raya Venue : Taman Botani, Putrajaya BERITA PERANCANG CALENDAR OF EVENTS 15-16 CIBD - International Construction Conference Annual Dinner Venue ; KL Convention Centre. Time : 9.0 am 16 REHDA - 35th Anniversary Dinner Venue : Grand Putrajaya Ballroom, Putrajaya Marriott Hotel. :7pm 17 PAM - Annual Dinner 2005 Venue : Grand Ballroom, KL Convention Centre. Time 7.30 pm 18-22 INTA - 1st Biennialon Urban and Regional Development, Morocco Venue : Tangiet - Tetuan Morocco 19-20 EAROPH - Earoph Regional Seminar Venue : Jogjakarta, Indonesia 20 PSDC - 1st National Advising Panel Meeting 2005 Venue : Bilik Gerakan, Kem Kerja Raya. Time 2.30 pm - 5.00 pm 20-21 UTM - Seminar Kebangsaan Perancangan Bandar & Wilayah ke 23 Venue : UTM Skudai. Time : 9.00 am 22-MIP - One Day Planning Seminar - The Essentials of a Project Manager Venue : Hotel Sri Petaling. Time 9.00 am 22 PSDC - Seminar on Value Management & Value Engineering Venue : Function Room 2, Level 4, PNB Darby Park. 23 REHDA - MAPEX 2005 Venue : Mid Valley Exhibition Centre. Time : 11.00 am 24 MIP (Northern Branch) Seminar ‘Planning Approval’ Venue : The Gurney Resort Hotel, Penang. Time 2.30 pm 23-24 Malaysia Crime Prevention Foundation - Persidangan Pencegahan Jenayah Peringkat Kebangsaan Tahun 2005 Venue : Ballroom, Crown Princess Hotel. Time 9.00 am -5.00 pm 26 JPBD - Export Talk (MASMA) Isu Berkaitan Dgn Pengairan & Saliran & Perlaksanaan MASMA Venue : Dewan KR Soma, Wisma Tun Sambanthan. Time 8.00 am - 1.00 pm 28 ACEM - Fidic Contracts Training Seminar Venue : Equatorial Hotel 29- Jabatan Alam Sekitar - Program Hari Bersama Pelanggan Venue : Aras Lobi, Jab Alam Sekitar, Putrajaya. OCTOBER 1 UMNO - Seminar Minda Merdeka Venue : Dewan Tun Razak PWTC. 3 Earoph - World Habitat Day Conference Venue : Berjaya Times Square Hotel & Convention Centre, K Lumpur 3 PSDC - Tea Talk The Role of Professional Bodies in incalculating Good Corporate Governance Venue : Board Room, PSDC. 6 PSDC - Meeting on National Professional Services Conference 2005 Venue : Board Room PSDC. Time : 2.30 pm 18 MACRO STRUCTURE - RFN (Taklimat & Perbincangan, Perlaksanaan RFN) Venue : Hotel Sri Petaling. Time: 8.30 am - 1.00 pm 20-21 Asian Strategy & Leadership Institute - National Property & Housing Conference 2005 Venue : Sunway Lagoon Resort Hotel. Time : 9.00 am 11 Jabatan Landskap Negara - Mesyuarat Pakar Dasar Landskap Negara Venue : Bilik Gerakan Tingkat 7, KPKT 13 INTAN - Ceramah ‘INTAN Executive Talk’ Negotiation in Global Arena : Lessons from Past Experiences Venue : Dewan Sri Baiduri 19 Kementerian Perumahan & Kerajaan Tempatan - Majlis Berbuka Puasa Venue : Bunga Rooms. Hotel Pan Pacific. Time : 6.30 pm 18 JPBD - Mesy Jawatankuasa Penyelarasan Hari Perancang Bandar Sedunia Venue : Bilik Mesyuarat Melati. Time : 9.00 am 25 JPBD - Mesy Jawankuasa Peyelarasan Hari Perancang Bandar Venue : Bilik Mesyuarat Perancangan Wilayah Tingkat 22 28 JPBD- Wawancara KP dan Presiden MIP Venue : Bilik Mesyuarat Tingkat 20, PPKL. Time : 9.30 am 12-13 British Council - Education UK 2005 Postgraduate Fair Venue : Kuala Lumpur Convention Centre. Time : 1.00 pm - 7.00 pm 15-16 PSDC - National Professional Services Conference 2005 Venue : The Legend Hotel, KL 23 PSDC - Tea Talk : Tax Incentives And Filing Tax Returns For Export of Professional Services Venue : Bilik Gerakan, Level 6, Kompleks Kerja Raya. Time : 4.00 pm 28 Jabatan Alam Sekitar - Majlis Pelancaran Sambutan Minggu Alam Sekitar Malaysia 2005 (Peringkat Kebangsaan) Venue : Padang MPK 1, Jalan Mahkota, Pahang. Time : 8.30 am 28 MTSF - 12th Prize Presentation Ceremony Venue : Nikko Hotel. 29-30 Asian Strategy & Leadership - 2nd National Utilities Summit 2005 Venue : Carlton Conference Centre, Jalan Imbi, KL BERITA PERANCANG World Town Planning Day 2005 by Muhammad Faris Abdullah World Town Planning Day is being celebrated on 8 November each year in many countries, including Malaysia. Founded in 1949 by the late Professor Carlos Maria della Paolera of the University of Buenos Aires, the World Town Planning Day celebration aims at advancing public and professional interest in planning, both locally and overseas. The celebration of World Town Planning Day in Malaysia began in 1988. Each year, the event is being celebrated with a different theme that reflects the current issues in town planning. This year, the theme is ‘PLANNING TOWARDS LIVEABLE CITIES’. In conjunction with World Town Planning Day 2005, a national convention will be held at the Renaissance Kuala Lumpur Hotel from 17th to 18th of November. Jointly organised by the Department of Town and Country Planning Peninsular Malaysia, Persatuan Pegawai Perancang Bandar dan Desa Malaysia, and Malaysian Institute of Planners, the two-day convention includes events such as presentation of working papers by distinguished speakers from local and abroad, and a dinner with the YB Minister of Housing and Local Government. For further information on the Convention, contact the Secretariat at the Department of Town and Country Planning Peninsular Malaysia. Tentative Programme 16/11/05 2pm-7pm Registration of participants at Renaissance Hotel, KL 17/11/05 (8:45am - 5:00pm) Hari Pertama Konvensyen HPBS 2005 : PLANNING TOWARDS LIVEABLE CITIES 9:00am Arrival of YAB Prime Minister Dato’ Seri Abdullah Ahmad Badawi 9.25am Perasmian Sambutan HPBS 2005 by YAB PM Dato’ Seri Abdullah Ahmad Badawi 8.00pm Majlis Makan Malam HPBS 2005 bersama YB Menteri Perumahan & Kerajaan Tempatan 18/11/05 (8:30am - 12:30pm) Hari Kedua Konvensyen HPBS 2005 : PLANNING TOWARDS LIVEABLE CITIES 12.20pm Upacara Penutup oleh YB Menteri Perumahan & Kerajaan Tempatan 17 18 ROUND-UP UNITED NATIONS HUMAN DEVELOPMENT REPORT 2005 On 8 September 2005, UNDP (United Nations Development Programme) had launched UNDP’s Human Development Report 2005: “International cooperation at a crossroads: Aid, trade and security in an equal world”. It was attended by more than 200 invited guests and launched by YB. Datuk Seri Mohd Nazri Abdul Aziz, the Minister in the Prime Minister’s Department at Le Meridian Hotel, Kuala Lumpur. Some of the important contents of the report include the release of human development index by states in Malaysia. Kuala Lumpur is the highest with 0.861 and followed by Pulau Pinang (0.828), Selangor (0.817), Terengganu (0.807) and Melaka (0.804). The detail report is as follows : Progress and Challenges of Human Development in Malaysia (by state) Reports on trends and patterns in key dimensions of human development are presented below for each of Malaysia's 13 states. Each report in graphic format has been prepared by UNDP using official national data sources and includes demographic, economic, social, health and environmental variables. Reports are currently available for the nine states of Kedah, Kelantan, Melaka, Perak, Pulau Pinang, Selangor, Terengganu, Johor, Negeri Sembilan, Pahang and Sarawak. Those for other states are being prepared. For further information, contact registry.my@undp.org For details visit : www.undp.org.my/Human_development_Malaysia.asp Country Fact Sheets MALAYSIA The Human Development Index – going beyond income The human development index (HDI) focuses on three measurable dimensions of human development: living a long and healthy life, being educated and having a decent standard of living. Thus it combines measures of life expectancy, school enrolment, literacy and income to allow a broader view of a country’s development than does income alone. Although the HDI is a useful starting point, it is important to remember that the concept of human development is much broader and more complex than any summary measure can capture, even when supplemented by other indices. The HDI is not a comprehensive measure. It does not include important aspects of human development, notably the ability to participate in the decisions that affect one’s life and to enjoy the respect of others in the community. It is also important to note that the HDI is constructed using data from international sources. Sometimes more up-to-date data are available nationally, and sometimes there are slight differences in definitions between international and national data. For these and other reasons, discrepancies with national sources may occur. * higher means better on HDI Malaysia Best performer in East Asia & the Pacific (Hong Kong, China (SAR)) Worst performer in East Asia & the Pacific (Timor-Leste) HDI rank GDP per capita rank 2003 2003 (177 countries) (177 countries) GDP per capita (PPP GDP per US$) rank capita value minus (PPP US$) HDI rank* 2003 HDI value 2003 61 58 -3 9,512 0.796 22 17 -5 27,179 0.916 140 162 22 .. 0.513 Malaysia is ranked 61st in the 2005 Human Development Report, with an HDI value of 0.796. Hong Kong, China (SAR) ranks first in the region, with a value of 0.916. BERITA PERANCANG ROUND-UP Life expectancy at birth (years) 2003 1. 2. 3. 55. 56. 57. 58. 177. Combined primary, secondary and tertiary gross enrolment ratio (%) 2002/2003 Japan (82.0) Hong Kong, China (SAR) (81.6) Iceland (80.7) Libyan Arab Jamahiriya (73.6) Syrian Arab Republic (73.3) Tunisia (73.3) Malaysia (73.2) Swaziland (32.5) 1. 2. 3. 98. 99. 100. 101. 173. GDP per capita (PPP US$) 2003 1. 2. 3. 55. 56. 57. 58. 170. United Kingdom (123) Australia (116) Belgium (114) Mauritius (71) Georgia (71) Colombia (71) Malaysia (71) Niger (21) Luxembourg (62,298) Ireland (37,738) Norway (37,670) Latvia (10,270) Seychelles (10,232) Costa Rica (9,606) Malaysia (9,512) Sierra Leone (548) Human poverty in Malaysia : focusing on the most deprived in multiple dimensions of poverty The HDI measures the average progress of a country in human development. Human Development Report 1997 introduced the human poverty index (HPI), which focuses on the proportion of people below a threshold level in basic dimensions of human development - living a long and healthy life, having access to education, and a decent standard of living, much as the poverty headcount measures the proportion of people below a certain income level. The HPI-1 measures human poverty in developing countries. The HPI-1 value for Malaysia, 8.9%, ranks 16th among 103 developing countries for which the index has been calculated. HPI-1 rank (103 countries) 16 6 81 1 103 Malaysia Best performer in East Asia & the Pacific (Singapore) Worst performer in East Asia & the Pacific (Cambodia) Best performer in the world (Uruguay) Worst performer in the world (Niger) HP-1value (%) 8.9 6.3 41.3 3.6 64.4 Building the capabilities of women GDI rank (140 countries) Malaysia Best performer in East Asia & the Pacific (Hong Kong, China (SAR)) Worst performer in East Asia & the Pacific (Papua New Guinea) Best performer in the world (Norway) Worst performer in the world (Niger) 50 22 103 1 140 GDI value 0.791 0.912 0.518 0.960 0.271 HDI rank minus GDI rank 0 0 2 0 2 HDI value 0.796 0.916 0.523 0.963 0.281 The HDI measures average achievements in a country, but it does not incorporate the degree of gender imbalance in these achievements. The gender-related development index (GDI), introduced in Human Development Report 1995, measures achievements in the same dimensions using the same indicators as the HDI but captures inequalities in achievement between women and men. It is simply the HDI adjusted downward for gender inequality. The greater the gender disparity in basic human development, the lower is a country's GDI relative to its HDI. • The GDI value for Malaysia ranks 50th, with a value of 0.791. The gender empowerment measure (GEM) reveals whether women take an active part in economic and political life. It focuses on gender inequality in key areas of economic and political participation and decision-making. It tracks the share of seats in parliament held by women; of female legislators, senior officials and managers; and of female professional and technical workers- and the gender disparity in earned income, reflecting economic independence. Differing from the GDI, the GEM exposes inequality in opportunities in selected areas. • The GEM value for Malaysia ranks 51st. • Women hold 13.1% of parliamentary seats, and make up 40% of professional and technical workers. 23% of administrators and managers are women. Seats in parliament held by women (% of total) Female administrators and managers (% of total) 1. Rwanda (45.3) 2. Sweden (45.3) 3. Norway (38.2) 82. Antigua & Barbuda (13.9) 83. Jamaica (13.6) 84. Gambia (13.2) 85. Malaysia (13.1) 162. Yemen (0.3) Female professional and technical workers (% of total) 1. Philippines (58.1) 2. Fiji (50.6) 3. Tanzania, U. Rep. of (49.1) 62. Mexico (25.3) 63. Swaziland (24.1) 64. Chile (23.8) 65. Malaysia (23.2) 85. Pakistan (2.4) 1. 2. 3. 63. 64. 65. 66. 86. Barbados (71.3) Lithuania (69.7) Estonia (69.2) Costa Rica (40.5) Mexico (40.3) Maldives (40.2) Malaysia (39.8) Saudi Arabia (6.4) Estimated female earned income (PPP US$) 1. Luxembourg (34,890) 2. Norway (32,272) 3. United States (29,017) 48. South Africa (6,505) 49. Bulgaria (6,212) 50. Mauritius (6,084) 51. Malaysia (6,075) 154.Sierra Leone (325) Ratio of female earned income to male earned income 1. Kenya (0.93) 2. Switzerland (0.90) 3. Cambodia (0.76) 94. Guinea-Bissau (0.49) 95. Korea, Rep. of (0.48) 96. Cape Verde (0.48) 97. Malaysia (0.47) 154.Oman (0.19) Malaysia in the report Malaysia was mentioned in the report in pages 116, 117, 124, 127, 29, 33, 45, 46, 55, 56, 58 and 59. BERITA PERANCANG 19 20 ROUND-UP THE S-DEV GENEVA 05 - INTERNATIONAL PLATFORM ON SUSTAINABLE URBAN DEVELOPMENT 11-13 October 2005 Reported by Khairiah Talha from Geneva MIP Council Member, Puan Khairiah Talha, was invited to chair one of the eight parallel sessions of the first Sustainable Development Conference, in her capacity as EAROPH Secretary General. The theme “Innovating Cities Across The World” saw 26 participating cities from all continents and 26 concrete solutions towards a liveable world being showcased in the three day deliberations. An exhibition was also held concurrently, in which MPPJ and DBKL also participated in. The conference was under the patronage of the United Nations office in Geneva, as well as produced in collaboration with UN-HABITAT, UNDP, UNEP, ICC, UCLG, WBCSD, WWF and the International Congress of Local and Regional Authorities of the Council of Europe. Puan Khairiah chaired the session on Sustainable Technologies focusing on Transport and Regional Planning. Four cities, Curitiba, (Brazil), Moscow, (Russia), Zurich (Switzerland) and Kunming (China) shared their cities’ experiences in meeting transportation issues within their cities, with the collective aim of making public transportation the priority in order to achieve sustainable transportation within their cities. In summary, Puan Khairiah, as moderator stated that each city approached their transportation problems using their own innovative approaches, which have been based on their own natural resources and capacities. The more financially capable cities used more high-tech solutions (Zurich), whereas the cities with limited financial resources used their own limitations by capitalizing on what is available and then leveraging on these (Curitiba, Moscow). The city with limited manpower and technical know how (Kunming) formed smart alliances with Zurich in order to learn through the transfer of technology and adapt to their city’s needs. Whatever the approaches, these are but one small step towards achieving the goals of sustainable transportation. Although, in the words of Prof.Perl, from Simon Fraser University, Vancouver, Canada, there has yet to be one true form of sustainable transportation. However, all cities should at least strive towards the goals of achieving sustainable transportation, which Prof. Perl and the Research Institute on Sustainable Transport, Canada defined as one that “allows the basic access needs of individuals and society to be met safely and in a manner consistent with human and ecosystem health, and with equity within and between generations”. The proceedings of the S-Dev Conference can be accessed on www.s-dev.org UN’s Millennium Development Goals (MDG) By 2015 all 189 UN Member States have pledged to the following : 1. ERADICATE EXTREME POVERTY AND HUNGER • Reduce by half the proportion of people living on less than a dollar a day • Reduce by half the proportion of people who suffer from hunger 2. ACHIEVE UNIVERSAL PRIMARY EDUCATION • Ensure that all boys and girls complete a full course of primary schooling 3. PROMOTE GENDER EQUALITY AND EMPOWER WOMEN • Eliminate gender disparity in primary and secondary education preferably by 2005, and at all levels by 2015 4. REDUCE CHILD MORTALITY • Reduce by two thirds the mortality rate among children under five 5. IMPROVE MATERNAL HEALTH • Reduce by three quarters the maternal mortality ratio 6. COMBAT HIV/AIDS, MALARIA AND OTHER DISEASES • Halt and begin to reserve the spread of HIV/AIDS • Halt and begin to reverse the incidence of malaria and other major diseases 7. ENSURE ENVIRONMENTAL SUSTAINABILITY • Integrate the principles of sustainable development into country policies and programmes; reverse loss of environmental resources • Reduce by half the proportion of people without sustainable access to safe drinking water • Achieve significant improvement in lives of at least 100 million slum dwellers, by 2020 8. DEVELOP A GLOBAL PARTNERSHIP FOR DEVELOPMENT All goals are measured against baseline year, 1990. More information refer to : www.un.org/millenniumgoals BERITA PERANCANG ROUND-UP “RISK MANAGEMENT IN HUMAN SETTLEMENTS” - EAROPH Regional Seminar, Jogjakarta, 19th & 20th September 2005 Reported by Khairiah Talha The 38th EAROPH Executive Council Meeting and Regional Seminar was held over two days in beautiful Jogjakarta, Indonesia. The theme “Risk Management in Human Settlements” has been chosen in light of recent world events that have caused much disruption and catastrophe to human settlements and to humankind. This seminar also supports the Habitat Agenda that clearly outlines the link between human settlements development and vulnerability to disasters: “to promote and encourage all parts of society to participate in disaster preparedness and in disaster prevention through activities that build a culture of prevention” (Habitat Agenda 1966) The theme is also in line with Target 9 of the Millennium Development Goals (MDG): “to integrate the principles of sustainable development into country policies and programmes, and reverse the loss of environmental resources”. Twenty four papers under six sub-themes were presented. The seminar attracted 190 participants from Japan, Thailand, Malaysia, Korea, Australia and Indonesia. The Three crucial points that underlie the papers were summarized as follows: 1. THERE MUST BE AN INTEGRATION OF SCIENCE AND LOCAL WISDOM : Science formulates or creates the tools (such as GIS, planning policies - zoning plans, etc.; rubber bearing technologies in buildings, Systemic Asset Management), but ALL these must be formulated according to local habitat and conditions, and especially important is the participation of the local people. 2. FOR ANY PROJECTS AND PROGRAMMES , THERE MUST BE AWARENESS AMONGST ALL INVOLVED, ESPECIALLY AMONGST THE LOCAL COMMUNITY : There must exist the trust between the local people and the professionals, authorities and all parties involved in pre or post disaster efforts. There must be a common perception of risks at local and regional levels as it has been found that perceptions of risks differ from local communities and experts. The role of universities and researchers could be maximized as go between amongst the authorities, experts and community. 3. COORDINATION IS VITAL Team work and systematic approach is essential in all pre and post disaster works at local, regional and national levels. This applies to Policies, programs, budgetary allocation, building codes, etc. BERITA PERANCANG papers ranged from preventive measures in facing risks such as floods, fires, earthquakes, strong winds, tsunamis, etc., to design measures and reconstruction programmes. Rehabilitation of settlements using systemic asset management was also given focus. Two technical tours were arranged for participants. The one which I attended showcased how village communities can be encouraged and motivated to help themselves in saving their environment. The first village called Kampung Sungai Code, was a settlement along a river bank, close to the city. Here, the villagers cleared up the river so as to avoid floods that annually damage their properties, From cleaning the river, the villagers were encouraged to beautify their homes through the planting of trees and plants in whatever limited spaces they had. Footpaths throughout the village were very clean and devoid of rubbish. The villagers built their own communal baths and washing areas, as well as schools and mosques. The government assisted by constructing a concrete embankment for the protection of the villagers. The second village called Sukunan was an old settlement with about 300 houses. This village has become exemplary in managing its own waste and earning income through waste recycling programmes. Initiated by a young man named Iswanto, who graduated in Biology, the village has, for 5 years, separated all wastes. Organic waste are stored in large clay pots placed in the compound of every home. These are used as fertilizers for the fruit trees and vegetation. Plastic, newspapers and glass were all recycled and the income generated has been put back into the village fund to further improve the road system, water supply and recreational facilities. Used oil drums were collected and painted by village youths to collect separated waste items. These drums are so popular that they are demanded by other villages. The sale price of the drums is 3 times the cost of procuring and producing attractive waste b i n s . W a s t e recycling h a s become a h i g h l y successful a n d lucrative business for people in this village. 21 22 MIP COMMITTEES YOUNG PLANNERS COMMITTEE Chairman : Md Nazri Mohd Noordin Committee Members : Zamri Husin Prof Madya Wan Muhamad Yusoff Ihsan Zainal Mokhtar Ghazali Othman Fahmi Alias Shamsul Jefri Md Nazri Mohd Noordin • Final year university students • All Graduate members Tentative Programmes for 2005-2007 i Young Planners register - updates of database on young members ii 1st Young Planners Forum 2006 iii We base - Forum group or blog iv University Graduates / Industrial Attachment programmes / Mentor programmes v Young Planners Network vi Monthly talks or colloquium Objectives • To mobilize young planners / members to be active members of the Institute • To keep an active register of young planners • To undertake programs and projects to enhance intellectual discourse among planners / members and professionals on issues and matters that are presently relevant and of concern to them • To act as a platform for young members to grow in the profession Hope • Those members who fit the above target group, please feel free to email your details (name, contact number, address, etc) to the chairman of the committee at iplanner@streamyx.com. Pleasse indicate YOUNG PLANNERS as the subject of the email. • For the first six months, the committee is basically trying to mobilize young members and most importantly, update the database. Target Group • Members below the age of 35 • New Corporate members Note We do need volunteers to assist the committee and some of the programmes. MIP COMMITTEES RESEARCH AND PUBLICATIONS COMMITTEE (RPC) 1. Members : i. Chairman : Assoc. Prof. Dr. Alias Abdullah (UIAM/MIP 194/88) ii. Fixed members a) Membership Committee Chairman Professor Dr. Mansor b. Ibrahim (UIAM/MIP 273/93) Assoc. Prof. Dr. Alias b) Education and Students Affairs Abdullah Chairman Assoc. Prof. Wan Mohamed Yusoff b. Abdullah (UiTM/MIP 101/82) c) Sustainable Planning and Development Chairman Pn. Khairiah bt. Hj. Mohd Talha (MIP 184/86) iii. Other members a) Mr. Ishak Ariffin (Private/MIP 239/90) b) Assoc. Prof. Dr. Ho Chin Siong (UTM/MIP 141/85) c) Assoc. Prof. Dr. Lee Lik Meng (USM/MIP 149/85) d) Dr. Mohd Thalha b. Hj. Alithamby (Private/MIP 99/82) e) Professor Dr. Ismawi Hj Zen (UIAM/MIP 421/99) f) Dr. Mohd Zin Mohamed (Brunei/MIP 457/02) g) Mr. Bong Khin Fah (Sarawak/MIP 478/03) h) Pn. Juwairiyah Ho bt. Abdullah (MIP 453/02) i) Hj. Mokhtar b. Samardi (JPBD Terengganu) j) Dr. Jamalunlaili b. Abdullah (UiTM) k) Mr. Muhammad Faris b. Abdullah 2. Objectives: i. To inculcate and promote research culture among planners ii. To enhance planning knowledge through research and development agenda; publication activities; integration of an updated ICT including Planning Support Systems, modelling and techniques, trainings and talks iii. To disseminate information related to the current planning practices, books, journals, periodicals, dissertations, web sites, guidelines, reports, etc. that have been produced by JPBD, universities (local and abroad), research institutes related to environment or build environment, individual researchers and so on to all MIP members iv. To identify and communicate with potential research grants holders locally and internationally; and to organise talks, meetings, workshops and/or conferences for networking, collaborating (partnership) and matching purposes. v. To seek research grants for improving and enhancing current planning methodologies in order to improve quality of life and environment. 3. Scope of works i. To promote the Institute through publications, communications, networking and any other means ii. To produce MIP newsletter on at least a quarterly basis iii. To undertake all necessary actions in producing the MIP Journal (i.e. PLANNING MALAYSIA), circulations and promotions iv. To produce annually a Planning Directory on members registered with MIP v. To produce books on round table discussions, seminars/conferences/talks undertaken by MIP and matters pertaining to Malaysian planning history, planning practices, planning procedures and guidelines, as well as new planning approaches adopted by the planners in Malaysia. BERITA PERANCANG 4. Tasks and activities : i. “BERITA PERANCANG” Newsletter • 2 or 4 times a year (November 2005, March 2006, June 2006, September 2006, December 2006, March 2007, and July 2007) • Appointment of Chief Editor (proposed Mr. Ishak Ariffin) and it’s Editorial Boards • Defining new format and contents ii. “PLANNING MALAYSIA” Journal • 1 or 2 times a year (Volume 4 in December 2005, Volume 5 (Special Issues – “Sustainability Planning in ASEAN”) in June 2006, Volume 6 in December 2006, and Volume 7 (Special Issues – “Planning for Liveable Environment/Cities”) in July 2007 • Editor-in-Chief (Dr. Alias Abdullah), appointment of Editorin-Chief for special issues (Proposed Dr. Lee Lik Meng and Dr. Ho Chin Siong) and Editorial Boards iii. Books and proceedings • 2 books iv. Workshops, discussion and talks to promote research networks • 1 research workshop titled “Agenda for Planning Research” • 1 research training (topic related to planning research methodology and application of SPSS in planning analysis) v. Library or resource centre • Establishing list of references, books, etc • Establishing Planning Resource Centre (after moving to the new premise and propose a donation for establishing the centre) vi. Research grants and funding agencies • Listing the sources from internet sites and networking (e.g. EU, UNESCO, Japan Foundation, Sumitomo grants) • Discussion and meeting with all potential funding agencies • Organising talks and workshops on the grants • Putting resources and expertise to conduct research works if funds granted • Publishing the reports and findings 5. Meetings • planning to have an average of 6 times meeting per session. 6. Editorial Board Members : A) Berita Perancang : i. Advisor: Assoc. Prof. Dr. Alias Abdullah ii. Editor-in-Chief:a) Mr. Ishak Ariffin iii. Members: b) Assoc. Prof. Wan Mohamed Yusoff b. Abdullah c) Pn. Khairiah bt. Hj. Mohd Talha d) Dr. Mohd Zin Mohamed e) Mr. Bong Khin Fah f) Pn. Juwairiyah Ho bt. Abdullah g) Hj. Mokhtar b. Samardi h) Mr. Muhammad Faris b. Abdullah B) i. ii. iii. Planning Malaysia Journal: Advisor: Pn. Norliza bt. Hashim Editor-in-Chief:a) Assoc. Prof. Dr Alias Abdullah Members: b) Professor Dr. Mansor b. Ibrahim c) Assoc. Prof. Dr. Ho Chin Siong d) Assoc. Prof. Dr. Lee Lik Meng e) Dr. Mohd Thalha b. Hj. Alithamby f) Professor Dr. Ismawi Hj Zen g) Dr. Jamalunlaili b. Abdullah 23 24 CAMPUS NEWS - UiTM DEPARTMENT OF TOWN AND REGIONAL PLANNING FACULTY OF ARCHITURE, PLANNING AND SURVEYING UNIVERSITI TEKNOLOGI MARA, SHAH ALAM AND SRI ISKANDAR, PERAK The Department of Town and Regional Planning at Universiti Teknologi MARA is one of the ten departments in the Faculty of Architecture, Planning and Surveying. It is one of the pioneer departments in the Faculty. The department was established in July 1969 with an enrolment of 16 students offering the Diploma in Town and Country Planning (later changed to Diploma in Town and Regional Planning). In 1972, a two year Certificate in Town and Country Planning was introduced followed by the Advanced Diploma in Town and Regional Planning in 1975 (later renamed Bachelor of Town and Regional Planning (Honours) ). A Master and Ph.D. research programs were first offered in 1996. The department is one of the oldest planning departments in the country and the only one that offers all five level of programs, i.e. Certificate, Diploma, Bachelor, Master and Ph.D. Its Bachelor programs cater for full and part-time students (Off Campus Program) and accept students from Diploma levels as well as STPM and Matriculations. The Department created history when it produced the first Ph.D. of UiTM in 2000 – Dr. Dasimah Omar who is also one of the senior Associate Professors in the department. The Department is the largest planning department in Malaysia boasting of 54 full time academicians and over 700 students. 27 of the academic staff are in Shah Alam while the rest are in Sri Iskandar. Eight of the lecturers are Ph.D. holders while the rest hold Master degrees. In addition, eleven staff are fellows of corporate members of Malaysian Institute of Planners. The academic staff currently include Vice Chancelor of UNISEL, UiTM Branch Campus Directors, Deputy Dean, Council member of MBSA and former head of MITRAN. The academic staff are trained locally as well as in the U.K., U.S., Australia, New Zealand, and Europe. Thus, the department can claim to have the expertise in the academic and professional fields as well as having the exposure in national and international planning. The mission of the department is to produce competent graduates in the field of town and regional planning at the technician, semi-professional and professional levels who are creative, innovative and sensitive to the environment through integrated and balanced learning, enriched by continuous research and development. Since its inception, Contributed by Jamalunlaili Abdullah the mission of the department has been to provide professional education and training to Bumiputeras in the field of town and regional planning. Thus, the programs offered are to provide manpower at the technician, semiprofessional and professional levels. The main focus of the program has bee to produce graduates with strong technical knowledge, practical and analytical skills, and professional capability. This include the ability to analyze, synthesize and formulate recommendations and solutions to overcome not only physical problems but also those related to socio-economic aspects of urban and rural settlements in Malaysia. Cuurently, all Certificate and Diploma in Planning programs are offered at the Sri Iskandar campus while the Bachelor, Master and Ph.D. are offered at the Shah Alam campus. However, Master and Ph.D. by research can also be conducted under the supervision of academic staffs of Sri Iskandar. The Bachelor of Town and Regional Planning at UiTM has been continuously accredited by the MIP as meeting the requirement of professional program. The current five year accreditation was conferred in 2002 and will run through 2008. Its syllabus follows the recommendations set by MIP while the department’s external board consists osf professional planners from the JPBD, local authorities and the private sector. While the curriculum is modeled after the requirement of MIP, the planning department at UiTM is noted for its strength in physical planning and urban design. The department plans to enhance its contribution by offering a one and a half year taught Master of Urban Management in June 2006. Although the department is noted for its teaching excellence, it is also active in research and consultancy. The department was involved with the JPBD in studies that produces various planning guidelines such as Garispanduan PErancangan Golongan Kurang Upaya dan Garispanduan Perancangan Sususnatur Perumahan Optima, to name a few. In addition, their academic staffs have published several books on planning and the environment. Various other studies have been completed and seminar papers presenter at national and international seminars. For further information please logon at www.uitm.edu.my of call Assoc. Prof. Haji Zakaria Ahmad, Head of Department at 03-55444343 CAMPUS NEWS 25 The 8th International APSA Congress Penang 2005 was held at Grand Plaza ParkRoyal Hotel at Batu Ferringhi, Penang on September 11 - 14, 2005. It was The APSA Executive Committee Members 2005 - 2007 organised by the School of Housing, Building From left : Prof. Anthony Yeh, Secretary-General (University of Hong Kong), Prof. Do Hau, and Planning, Universiti Sains Malaysia. President (Hanoi Architectural University), Prof. Wu Zhiqiang, Past President (Tongji University, MIP was a co-sponsor with a generous Shanghai), Prof. Yukio Nishimura, Committee Member (Tokyo University), financial grant to the organisers. Plnr K.D. Fernando, Committee Member (University of Moratuwa, Sri Lanka) and Assoc. Prof. Lee Lik Meng, Vice-President (Universiti Sains Malaysia). Twenty countries were represented with Not in picture, Prof. Utpal Sharma, Committee Member (CEPT University, Ahmedabad, India). over 140 participants including 22 planning students from South Australia. More than 70 full papers were presented including many high quality papers from local academics and researchers from UTM, UPM, MU, UIA, UiTM, USM as well as the Federal Town and Country Planning Department. The full papers can be accessed via http://www.apsa2005.net/. APSA currently has 24 Full Members and Malaysia is represented by UTM and USM while UIA has expressed interest to join. It is hoped that UiTM will follow suit as the association works to promote the planning profession. Membership benefits include discounted fees for attendance at APSA Congresses, free copies of proceedings and of course opportunities for international networking. APSA is working to further improve the quality of its selected papers series with rigorous review criteria and procedures. Papers presented at its Congresses are the sole source for selection for the Best Paper from Asia for the Dialogues in Urban and Regional Planning produced by the Global Planning Education Association Network (GPEAN) through the Routledge publisher. GPEAN is a conglomeration of nine planning associations formed after the 1st World Planning Schools Congress in Shanghai in 2001. The APSA Congress is held biennially. The next Congress will be held in Sri Lanka in 2007 followed by Ahmedabad, India in 2009. APSA is also one of the co-organisers of the forth-coming 2nd World Planning Schools Congress to be held in Mexico City, Mexico from July 11 – 17, 2006. For more information of APSA visit http://www.apsaweb.org/. By Lee Lik Meng Students from the DEPARTMENT OF URBAN & REGIONAL PLANNING, KULLIYYAH OF ARCHITECTURE & ENVIRONMENTAL DESIGN, INTERNATIONAL ISLAMIC UNIVERSITY MALAYSIA, recently went on an educational trip to Sydney and Canberra, Australia for a week from 4th to 10th September, 2005. This trip was part of students planning education under the course AUP 3253 Comparative Planning System. Aspects of planning included Transport, Tourism, and national capital development. In the area of tourism, the students also visited a homestay and experienced horse-riding as part of the activities offered by the organizers. Students also visited the national capital, Canberra and learned the meaning of low-profile development and the Y-Plan currently utilized by the National Capital Development Authority (NCDA), for their transport system. Highlights of the visit were two briefings at the Sydney Townhall, on the development of the city of Sydney and the briefing at Regatta Point, Canberra on the planning and development of the city of Canberra. This was a valuable experience for students to make comparison of our own Putrajaya. BERITA PERANCANG By Mohd Shamsuddin Zahid Sopian Briefing at the Sydney Townhall 26 NEWS FROM NORTHERN BRANCH & SARAWAK FORMATION OF MIP NORTHERN BRANCH, AGAIN! Reported by Lee Lik Meng Yes, now we are really, t r u l y , absolutely legal! After three previous AGMs, we went back in time to conduct our 1st AGM for the MIP Northern Branch on the 24th September, Saturday 2.37 pm at the Boardroom II, Gurvey Hotel, Gurney Drive, Penang. Due to an oversight (a very big one which other aspiring Branches should learn from), we finally managed to secure the approval of the Registrar of Societies to set up the branch on 31st June 2005 (thanks to the effort of the MIP Council). Hence, the entire history of the previous 4 years have now been designated “Pro-Tem”. A few of the Pro-Tem Committee Members did not seek “re-election” to encourage new blood to come forward to WHAT-IF PLANNING SUPPORT SYSTEM IN KUCHING A short talk on What-If Planning Support System in Kuching Reported by Bong Khin Fah (KUCHING 24-8-05) It is a great honour for MIP Sarawak/Sabah Chapter to have invited Prof. Dr. Richard E. Klosterman, a renounced professor in town and country planning from University of Akron, Ohio, USA, to visit Kuching City, to give a short briefing to the planning community in the cat city. The brief session was held at Menara Pelita, Petra Jaya, Kuching, with Prof. Dr. Richard E. Klosterman sharing his vast experiences in urban modelling and gave a preview for the new version of What-If Planning Support System. There were about twenty five attendees comprise of planners from the private sector and planning officers from various departments including Sarawak State Planning Authority, Land and Survey Department, Kuching North City Council, Land Custody and Development Authority. serve MIP and the community. For the new line-up, see accompanying group photo. And interesting thing happened to the MIP Council Representative (the Honorary Secretary) on the way from Kuala Lumpur to Penang. He arrived just as the AGM had concluded and the group photograph was being taken. Apparently, he run into some car problems in KL and was held up by the mechanic. Nevertheless, in appreciation of his sacrifices and MIP Council’s continued support, MIPNB presented the Council with a token of appreciation. In the morning prior to the AGM, a free half-day Planning Approval Seminar was organised by MIPNB. It was well attended with 41 participants including 17 Corporate MIP Members and a few graduate members. A few participants came from as far as Kedah. Limited seats were also allocated to PAM and REHDA members. Three papers were presented by Prof. Abdul Ghani Salleh (Pro-Tem Branch Chairman), Maimunah Mohd Shariff (Director of Town Planning, MPPP) and T.K. Lim (a developer with a masters degree in planning). The Seminar was followed by a buffet lunch hosted by MIPNB for all MIP members present. (See pictures on Page 27) Prior to the event, Prof. Dr. Richard E. Klosterman made a courtesy visit to the Land and Survey Department’s Assistant Director of Planning, Mr. Lai Hua Lee, and acting Director of Lands and Surveys, Mr. Sudarsono Osman, and attended a luncheon at well known hotel in the city centre. Prof. Dr. Richard E. Klosterman is the founder of a stateof-the-art GIS-based Planning Support System (PSS) called “What-If”. “What-if” is a scenario-based, policyoriented Planning Support System that uses increasingly available geographic information system (GIS) data to support collective decision making. It incorporates procedures for conducting land suitability analysis, projecting future land use demands, and allocating the projected demands to the most suitable locations. It allows users to create alternative development scenarios and determine the likely impacts of alternate public policy choices on future development patterns. It is a useful tool in plan making. MIP Sarawak/Sabah Chapter would like to thank Prof. Dr. Richard E. Klosterman for his generosity in sharing ideas with the local planners. The Institute would also like to thank the Land and Survey Department for hosting the event and to the International Islamic University of Malaysia (IIUM) for co-organised the event. (See pictures on Page 27) BERITA PERANCANG PICTORIAL Ghani presenting a token of appreciation to MIP Council Representative (Ahmad Suhaimi). Standing behind are Tan Thean Siew (Branch Chairman) and Ismail Ibrahim (Branch Vice-Chairman) Prof. Dr. Klosterman posted with En. Lai Hua Lee, Assistant Director (Planning) of Land and Survey Department, who is with a copy of the book “Planning Support System” by Brail & Klosterman. Left: Prof. Dr. Klosterman Right: En. Lai Hua Lee Participants at the free half-day Seminar on Planning Approval Prof. Dr. Klosterman and fellows invited at the lunch table From Left to Right : En. Law Hui Ho, En. Vincent Ho, Dr. Nasrudin, Prof. Dr. Klosterman, En. Affandi Keli, En. Sudarsono Osman General Meeting for Formation of MIP Northern Branch, 24 Set 2005, Gurney Hotel Penang The newly elected Office Bearers of MIP Northern Branch (2005 -2007) with MIP members: Seated from left : Lee Lik Meng (outgoing Pro-Tem Branch Secretary), Maimunah Mohd Shariff (Committee Member), Tan Thean Siew (Branch Chairman), Abdul Ghani Salleh (outgoing Pro-Tem Branch Chairman), Ismail Ibrahim (Branch Vice-Chairman), Ng Bock Tye (Committee Member), Ahmad Suhaimi (MIP Secretary). Standing 3rd from left, Cheah Lye Aik (Branch Treasurer), 4th Choong Lai Chai (Committee Member), 5th Michael Ong (Branch Secretary); and 2nd from right Goh Ching Keng (Committee Member) BERITA PERANCANG Prof. Dr. Klosterman gave a preview to a pre-release version of What-If application software to the audience. 27 28 PROFILE DATO’ MOHD. FADZIL BIN HAJI MOHD. KHIR Director General, Federal Department of Town and Country Planning Malaysia (JPBD Semenanjung Malaysia) Dato’ Mohd. Fadzil Haji Mohd Khir was born on 26 February 1954 in Telok Air Tawar, Pulau Pinang. He was brought up in Kulim Kedah, where he obtained his early education at the Sekolah Kebangsaan Lelaki Kulim, Kedah. He then continued his secondary education at Sekolah Tuanku Abdul Rahman (STAR), Ipoh, Perak. Dato’ Mohd Fadzil then joined the Universiti Teknologi Malaysia (UTM) where he obtained his Bachelor of Urban and Regional Planning (Honours) degree in 1979. In 1991, he obtained his Certificate in Development Planning – Urban Land Policy & Management from the University College London (UCL), United Kingdom. He completed a Certificate in City Planning II course from the Japan International Cooperation Agency (JICA), Tokyo, in 1999. He started his career with Jabatan Perancangan Bandar & Desa (JPBD) as the Assistant Director in JPBD Negeri Kedah in 1979, then moving to the Rural Division, subsequently the Spatial Division at JPBD headquarters, before returning as the Director of JPBD Kedah in 1985. He was made the Director of JPBD Melaka in 1992. He spent five years in Melaka and then went on to become the JPBD Terengganu Director before being promoted to Deputy Director General for Administration in 2001. Dato’ Mohd Fadzil was made the Director General of Town and Country Planning on the 4th of March, 2005. Dato’ Mohd Fadzil was also an active member of the Kelab Sukan dan Kebajikan, Jabatan Perancangan Bandar dan Desa, Semenanjung Malaysia. He has held the post of President of Persatuan Pegawai Perancang Bandar dan Desa Malaysia since 2002. He was a Council Member of the Malaysian Institute of Planners for 20032005 and is presently a Member of the Board of Town Planners, Malaysia. In honour of Dato’ Mohd. Fadzil’s meritorious services and contributions, he was bestowed with various Distinguished Order Medals: B.C.K (Bintang Cemerlang Kedah) and the A.M.K (Ahli Mahkota Kedah) by the Kedah State Government in 1989 and 1992 respectively; B.C.M (Bintang Cemerlang Melaka) by the Melaka State Government in 1995; A.S.M (Ahli Setia Sultan Mahmud Terengganu) by the Terengganu State Government in 2002; and D.S.D.K (Dato’ Setia Di Raja Kedah) by the Kedah State Government which carries the title Dato' in 2005. BERITA PERANCANG