PAC blamed Penang Island City Council (MBPP) for failing to enforce laws on hillside development

Becoming bald: A view of the clearing work seen at Bukit Relau which was visible from the Penang Bridge in November last year.

GEORGE TOWN: The Penang Public Accounts Committee (PAC) had faulted the Penang Island City Council (MBPP) for failing to monitor and enforce laws on hillside development in the state.

In its report on hill land development tabled on May 19, PAC said the lax monitoring not only resulted in unchecked hill clearing, but landowners were able to build houses, chalets, hotels and restaurants on Penang’s hill range.

“This situation happened because of MBPP’s failure to monitor and patrol hill land after notices were issued to landowners.

“This led to risks of soil erosion, landslides, mudslides, river sedimentation and disruptions to the surroundings,” it stated.

PAC’s report gained public attention after Penanti assemblyman Dr Norlela Ariffin brought it up in a dialogue session held by Penang NGOs and residents associations on flood and landslides on Sunday.

She told 200-odd members of the civil society that the report was tabled in the state assembly but never presented.

PAC stated that according to the state Audit Department, out of 31 illegal hill land clearing cases in 2015, four were in the Teluk Bahang water catchment area.

The committee, chaired by Bagan Dalam assemblyman A. Tanasekharan, visited nine of the cases on March 1.

It highlighted the Bukit Relau hill clearing case 410m above sea level and visible from Penang Bridge.

“Media reports and public comments should have been enough for MBPP and other authorities to take immediate action.

“Mitigation works on Bukit Relau have taken so long to be completed. The local authorities neither monitor the work frequently nor supply regular updates,” it added.

On illegal clearing that took place on Penang Hill, PAC expressed frustration that the actual dates and specific locations of the earthworks could not be determined because of the unsatisfactory records and monitoring.

“On Penang Hill, there was confusion on the existing agricultural plot and the new clearings.

“There are no definitions of allowable hill land agricultural works that involves digging,” it added.

PAC also objected to an earlier suggestion by the state Local Government Committee to exclude hill land earthworks related to agricultural activities from needing work permits.

Source: The Star by Arnold Loh

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Johor’s biggest corruption cases: land and housing scandal, slapped with 33 counts of graft

TWO IN COURT: Abd Latif (right) being brought to the Johor Baru Sessions Court by anti-graft officers. He is alleged to have abetted property consultant Amir Shariffuddin Abd Raud (left) in the land development scandal.

After weeks of investigation, state executive councillor Datuk Abd Latif Bandi is finally brought to court to face 33 counts of graft. The land and housing scandal - one of Johor’s biggest corruption cases - is however set to widen as graft busters warn of more suspects to be charged soon.

MACC expected to haul up more people in land and housing scandal

JOHOR BARU: One of the state’s largest corruption scandals is about to get bigger as more people are expected to be hauled up to court in the coming weeks.

Malaysian Anti-Corruption Commission (MACC) deputy chief commissioner (operations) Datuk Azam Baki said they might be charged with the case involving Johor executive councillor Datuk Abd Latif Bandi either this month or next.

Among those to be charged, he said, were those who had been arrested previously.

However, he declined to reveal their names so as not to jeopardise MACC’s investigation, saying that no VIPs were involved.

“We are in the midst of completing our probe with the Deputy Public Prosecutor before charging them in court soon,” he told reporters after meeting MACC investigation director Datuk Simi Abd Ghani and Johor MACC director Datuk Azmi Alias here yesterday.

Azam said it was also possible for Abd Latif, who was jointly accused with property consultant Amir Shariffuddin Abd Raud of committing 33 counts of graft yesterday, to face another round of charges then.

It was reported that eight suspects, including Abd Latiff ’s eldest son as well as his special officer, were nabbed by the MACC on Feb 24.

Anti-graft officers detained them after sifting through stacks of documents seized from the state government and developers.

They also seized luxury goods, including 21 cars such as Bentley, Mercedes-Benz and Porsche, five high-powered motorcycles and 150 handbags.

On its probe into the purchase of real estate in Australia by Mara Incorporated Sdn Bhd, Azam said MACC called up 24 witnesses and visited seven premises, including a law firm, the offices of both Mara Inc and an appraiser, and their associates.

“All related documents have also been seized. We have gathered more new information, and it is a continuous investigation from the previous case in 2015,” he said.

“We need more time to complete this case as it involves another country.

“We have put in a request under a mutual legal assistance with the Australian AttorneyGeneral’s office but have yet to receive any response.

“We will also prepare the documents to be sent to Australia,” he said.

MACC had previously recorded the state- ment of suspended Mara chairman Tan Sri Annuar Musa over the same investigation.

Annuar also handed over several documents relevant to the case.

The issue came to light after Australian newspaper The Age claimed that several senior Mara officials and a former politician had spent millions of Malaysian Government funds to buy an apartment block, known as Dudley International House, in Melbourne

Azam said his officers were also in the midst of preparing a report into alleged match fixing by football players from the Malaysian Indian Sports Council-Malaysia Indian Football Association.

“We expect this case to be completed within two to three weeks after we hand over the report to the deputy public prosecutor for charging.

Source:The Star headline news

Slapped with 33 counts of graft

JOHOR BARU: State executive councillor Datuk Abd Latif Bandi has been charged in the Sessions Court here with 33 counts of graft, the earliest of which stretches back to just six months after he assumed office.

 

TWO IN COURT: Abd Latif (above) being brought to the Johor Baru Sessions Court by anti-graft officers. He is alleged to have abetted property consultant Amir Shariffuddin Abd Raud (below) in the land development scandal.

Abd Latif, 51, was sworn in to his post as Johor Housing and Local Government Committee chairman in 2013 and according to the list of charges, he allegedly abetted property consultant Amir Shariffuddin Abd Raud on Nov 13 that same year to convert bumiputra lots into non-bumiputra lots.

Yesterday, the court interpreter took about 15 minutes to read the list of charges to each of the accused in the case, considered one of the biggest corruption scandals in the state.

In total, Abd Latif is said to have abetted Amir, 44, to convert 1,480 houses.

He is also accused of helping to reduce the quantum of payment that developers had to contribute towards the Johor Housing Fund for converting these lots.

The offences, the last of which supposedly took place on Sept 13, 2016, involved payments of between RM100,000 and RM3.7mil.

Totalling some RM30.3mil, this involved development projects in Kota Masai, Tebrau, Kulai, Kempas, Nusajaya and Johor Baru.

Among the converted lots were apartments, double-storey terrace homes, cluster houses, cluster industrial lots, semi-Ds and bungalows.

Abd Latif was charged under Section 28 (1) (c) of the Malaysian Anti-Corruption Commission (MACC) Act for abetment, which was read together with Section 16 (a)(B) for accepting bribes.

Amir was charged with 33 counts under Section 16 (a)(B) for accepting bribes for himself and Abdul Latif.

Judge Mohd Fauzi Mohd Nasir set bail at RM2mil in one surety for each of the accused and ordered their passports to be surrendered until the trial was over. He also fixed May 23 for mention.

At press time, only Amir posted bail while Abd Latif, who was unable to raise the amount, was sent to the Ulu Choh detention centre.

Earlier, 15 minutes after Abd Latif and Amir were ushered into the packed courtroom, a defence lawyer stood up and asked for their “Lokap SPRM” orange T-shirts to be removed.

Both Abd Latif, who took time to hug and shake the hands of several people, and Amir then changed into long-sleeved shirts.

Abd Latif was represented by a six-man legal team led by Datuk Hasnal Rezua Merican while two lawyers, headed by Azrul Zulkifli Stork, stood for Amir.

The case was prosecuted by MACC director Datuk Masri Mohd Daud, with assistance from Raja Amir Nasruddin.

Source: The Star by Nelson Benjamin and Norbaiti phaharoradzi

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Developer has to compensate buyers for delays of projects, Court says

 

Take them to task: According to the liquidated damages clause, condo buyers can claim 10 per annum of the purchase price for the delay

KUALA LUMPUR: The Housing Controller has no power to grant an extension of time to developers who delay the completion of housing projects, the High Court has ruled in a landmark judgment.

This means a housing developer has to pay compensation to the affected buyers for delays in the delivery of vacant possession.

High Court (Appellate and Special Powers) judge Justice Hanipah Farikullah also held that the regulation which empowers the Controller to modify terms of the contract of sale was ultra vires the Housing Development, Control and Licensing Act.

The judge said this in allowing an application for judicial review by 71 buyers of the Sri Istana condominiums in Old Klang Road against the Housing Controller and Urban Well-being, Housing and Local Government Minister.

Their lead counsel Datuk Wong Kok Leong told The Star the judge held that the minister’s decision to grant the developer an extension of time to complete the project via a letter dated Nov 17, 2015 was invalid.

In the letter, the minister had granted the developer a 12-month extension to complete the project.

“This means that the Housing Controller has no power to grant an extension of time to housing developers for any delay in completing their projects,” Wong said.

“Now, the developer has to pay the liquidated damages (a pre-determined sum) for late delivery of vacant possession of those condominium units.”

Wong called the decision a landmark judgment as many project developers seek extensions to complete their projects in Malaysia.

“This is a victory for all house buyers. With this ruling, the housing developer can’t just go to the Housing Controller for an extension of time to complete the project in order to avoid paying the liquidated damages to house buyers.

“This is because if an extension of time is allowed, house buyers lose their rights to claim damages for late delivery of vacant possession,” he added.

Wong explained that according to the liquidated damages clause, the condo buyers can claim 10% per annum of the purchase price for the delay.

In their application for judicial review, the condo buyers stated that they wanted to quash the decision allowing BHL Construction Sdn Bhd an extension of time for the delivery of vacant possession from 36 months to 48 months.

They also asked the court for a declaration that Regulation 11(3) was ultra vires of the Housing Development Act (Control and Licensing) Act.

Wong said the judge has ordered the parties to address the issue of costs on the next date for case management.

When contacted, SFC Mohamad Rizal said the judge also allowed a similar application involving another group of condominium buyers involving the same developer and project.

Source: By  m. mageswari, royce tan, thean lee cheng, andeugene mahalingam, The Star

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Developers of toppled Taiwan building detained

Executives face charges over professional negligence resulting in death

Questions are being asked about the building’s construction (Picture: AP)

Three Taiwanese construction company executives have been detained on charges of professional negligence resulting in death following the collapse of an apartment building in an earthquake, killing dozens.

The district prosecutor's office in the city of Tainan said Wednesday that Lin Ming-hui and architects Chang Kui-an and Cheng Chin-kui were suspected of having overseen shoddy construction of the 17-story Weiguan Golden Dragon building, which crashed onto its side during the earthquake Saturday.

It said the three were detained to prevent collusion or other acts that could disrupt the investigation. Among the accusations was that only half as many fasteners had been used in the supporting columns as required.

The death toll in the 6.4-magnitude quake stood at 44 on Wednesday, with all but two of the deaths coming in the building collapse. About 100 people are believed to still be trapped in the debris.

The broadcaster FTV and other Taiwanese media said Lin had changed his name after a previous bankruptcy and had run multiple property development companies in Tainan in an apparent attempt to avoid creditors and bilked clients.

Although the shallow quake was potentially devastating, few buildings were damaged as a result of strict construction standards in force in Taiwan, an island frequently struck by quakes. The Weiguan Golden Dragon building, built in 1989, was the only major structure to collapse in the temblor.

Most of the 320 people who were rescued from the disaster were saved in the hours immediately after the quake, in which the building's foundation and lower floors gave way before it toppled onto its side.

Earthquakes rattle Taiwan frequently. Most are minor and cause little or no damage, but a magnitude-7.6 quake in central Taiwan in 1999 killed more than 2,300 people. More stringent building standards were introduced following that disaster and appear to have been tightly enforced.

The quake struck during the most important family holiday in the Chinese calendar - the Lunar New Year. Celebrations of the holiday in Taiwan have been subdued. - AP

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 Hills clearing in Penang: NGOs not impressed with mitigation work at Botak Hill 

 Penang Forum tells Chief Minister: the unmitigated diasters on hill projects

Hills clearing in Penang: NGOs not impressed with mitigation work at Botak Hill

http://www.thestar.com.my/metro/community/2016/01/28/searing-queries-on-clearing-ngos-not-impressed-with-mitigation-work-at-botak-hill/
An aerial shot taken from the bald patch on Bukit Relau, George Town, during a visit by the state delegation and NGOs to check on the mitigation work. — Photos: CHARLES MARIASOOSAY.

Chow (left) being briefed by technical consultant Khoo Koon Tai during the visit up Bukit Relau.

THE climb up the steep track on Bukit Relau is an arduous one. And there is little reward now for those who endure the climb.

The infamous Botak Hill seems to be getting balder. It’s a sad sight. What was once a lush hill had become a wide open patch of brown. Now, it is a giant scar of boulder, sand and concrete. The developer General Accomplish-ment Sdn Bhd is carrying out mitigation work which it says will be completed in June this year. For now, however, the hill looks worse than it did before.

The trip up the hill was arranged by the state and led by Local Government Committee chairman Chow Kon Yeow. Others in the entourage included Deputy Chief Minister 1, Datuk Mohd Rashid Hasnon, executive councillors, state assemblyman, Penang Forum and Malaysia Nature Society, Penang.

It was no surprise that the NGO members were not impressed with the mitigation work. The condition of the hill has deteriorated so badly. The only greenery in sight were patches of grass on the boulders.

The NGOs are even more upset that with less than six months before the mitigation work is completed, there seems to be no plan in place to halt the erosion of the hill or to carry out restoration work, which will have to include replanting of trees, the undergrowth and comprehensive hydroseeding.

Roads and drainage systems built right down the hill have destroyed whatever greenery there was. The explanation given was that the roads were needed for the mitigation work rings hollow. “How can you carry out mitigation work and clear more land for the so called roads for mitigation work,” asked a Penang Forum member.

There are metal poles bordering a part of the hill, and it look like some hoarding is about to come up. Is there any development being planned for the spot of the hill?

A spokesman for the developer, General Accomplishment Sdn Bhd said RM20mil has been spent so far for the mitigation work and the amount could rise to RM50mil.

“Why would you want to spend RM50mil for mitigation work if you are not going to do anything with the land,” asked a reporter.

“Well, we are open to development of the land if that is what the people want,” replied the project manager for the developer.

Chow was non-committal when asked if the state would reject any development on the land saying it was a “hypothetical” question as there wasn’t any application (to develop the land).

Despite the long explanation, the burning question remains.

Will the hill be restored to its old state and or is the mitigation work just the start of plans to develop the hill for housing.

It was rezoned for housing in 2012.

By K. Sekaran The Star

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Penang Forum tells Chief Minister: the unmitigated disasters on hill projects

The Penang Forum steering committee released the following ‘executive summary’ to the media during its meeting with the chief minister of Penang

The Penang Forum steering committee released the following ‘executive summary’ to the media during its meeting with the chief minister of Penang:

To address public concerns over hill degradation in Penang, the Penang Forum took the initiative in September 2015 to co-organise a public forum on hill development with the MBPP and relevant Penang state authorities.

But the council and the state decided not to participate in the effort and missed the opportunity to engage with the public.

In organising the public forum, the Penang Forum is non-partisan and has not been influenced by any other body or organisation.

The Penang Forum has not been misinformed. Its information and data came from two sources:

• answers provided by the State Exco to the State Assembly sitting in November 2015 on the number of legal projects and illegal clearings on sensitive hill land between 2008 and 2015; and 
• photographs provided by members of public, resident associations, Google Earth satellite imagery and drone shots. The scarring on Bukit Relau has grown into an unmitigated disaster. Despite a stop work order and a fine against those responsible, major earthworks, including the building of road infrastructure, have taken place.

 While it is technically possible to build safely on hill slopes many stringent conditions must first be in place and complied with. The present approach to environmental and engineering impact assessment done in isolation for individual hill development projects should be reviewed.

The Penang Forum calls on the Penang state government to comply with its own stated policies of prohibiting development on hill land above 76m (250 feet) and/or with a gradient greater than 25 degrees.

Special projects should be limited only to those of public interest.

We recommend that the authorities implement a holistic planning and monitoring system that takes account of cumulative impacts for the whole hill area under development.

We call for violators to be prosecuted to the full extent of the law, including jail sentences and to be blacklisted for future projects.

We call upon the authorities to require all offenders to restore the damaged hills to their original condition.

Penang Forum steering committee 11 January 2016

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Penang Forum concerns over hill clearing and floods; the Declaration & Recommendation

DUnder fire over hill slope developments

Penangites upset with approval of high-rises on slopes...

GEORGE TOWN: The Penang government has come under fire for the clearing of hills and high number of high-rise buildings approved on slopes above the permitted 76m and 25-degree gradient.

Environmentalist and scientist Dr Kam Suan Pheng claimed that massive hill clearing from 2008 to 2015 at Pantai Acheh and Teluk Bahang endangered the lush hills at the Penang National Park boundary where the Teluk Bahang Dam is situated.

She also said the state government claims to listen to the people but went ahead and redesignated Bukit Relau, infamously known as Botak Hill, as a residential zone in 2012 amidst massive protest against the development of the hill.

She also decried the big number of projects approved on slopes above 76m and 25-degree gradient when the Penang Structure Plan clearly stated that there could be no development on such slopes.

Dr Kam was delivering a talk titled, ‘What is happening to our hills’ at the Save The Hills of Penang public forum at Dewan Sri Pinang here yesterday.

A handout distributed to the 300-odd participants of the event claimed that 30 blocks of high-rise buildings were approved on such slopes in Paya Terubong, 15 blocks in Bayan Lepas, 14 blocks in the Tanjung Bungah/Batu Ferringhi belt and nine blocks in Teluk Kumbar/Balik Pulau.

Universiti Sains Malaysia deputy vice-chancellor Dr Sharom Ahmat said hill development above 76m could be approved under ‘special projects’ if it benefits the masses but added that “bungalows costing RM4mil to RM5mil are barely for the people.”

In his talk titled, ‘Why are we here today?’, he claimed that public hearings seemed to be more of a formality as decisions were made before such hearings.

Environmentalist and engineer K.K. Lim, in his presentation ‘Are our hills protected by the government’, said the rampant development on the hills could see a repeat of the Highland Towers tragedy in 1993.

He said soil erosion due to rain and the lack of water retention because of hill clearing could bring a major disaster in the event of a landslide.

In her talk ‘Hill Offenders: Fine? Jail? Nothing?’, lawyer Datuk Agatha Foo said the RM500,000 and RM50,000 fines for violations under the Town and Country Planning Act and State Drainage and Building Act respectively were not a deterrent.

“It is merely a slap on the wrist,” she said, claiming that developers pay the fine as part of their development expenditure.

A declaration was made at the end of the half-day forum. It among others, urged the state government to comply with its own policy of prohibiting development on hill land above 76m or greater than 25-degree gradient and not to include ordinary residential buildings as special projects.

It also called upon the state government and Penang Island City Council to prosecute violators to the full extent of the law, including imposing jail sentences and to blacklist all offenders for future development projects.

Two PKR elected representatives were among those who attended the event organised by the Penang Forum which is a loose coalition of public-interest civil society groups. They were Bayan Baru MP Sim Tze Tzin and Batu Uban assemblyman Dr T. Jayabalan.

By Sekaran The Star

Forum Declaration & Recommendation:

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