KUCHING: Amendments to federal environmental law could help clarify the division of powers between the federal government and the states of Sabah and Sarawak.
Senator Rita Insol said the Environmental Quality (Amendment) Bill 2026 is significant in addressing overlaps in environmental governance.
Debating the bill in the Dewan Negara on March 9, she said environmental matters are not listed under either the Federal or State List in the Ninth Schedule of the Federal Constitution of Malaysia.
As such, she noted that the Environmental Quality Act 1974 could be viewed as a legislative overreach as it applies nationwide despite environmental matters being considered residual under Article 77.
Rita said Sarawak already had its own environmental framework through the Natural Resources Ordinance 1958, which remained valid under Article 162 of the Constitution.
She added that the state has since strengthened its environmental governance through the Natural Resources and Environment Ordinance 2024 and the Environment (Reduction of Greenhouse Gas Emissions) Ordinance 2023.
According to her, overlapping environmental laws and enforcement authorities could increase compliance costs and create uncertainty for investors and industries.
“It is timely for the federal government to devolve powers to Sabah and Sarawak to enact environmental laws applicable within their respective territories,” she said.
Rita stressed that the move would be in line with the spirit of federalism, state autonomy and the Malaysia Agreement 1963.
She added that empowering Sabah and Sarawak in environmental administration would not weaken environmental protection but strengthen it through policies better suited to local conditions.
