II. NATIONAL INSTITUTIONAL ARRANGEMENTS

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The Federal Government of Malaysia is a parliamentary system headed by a prime minister, with government agencies headed by ministers (chosen from among members of Parliament). At the State level, the government consists of State assemblies and chief ministers. Much decision-making authority is vested in the chief ministers, who head the State Executive Councils. The Councils function as State-level Cabinets and have particular authority over natural resources, especially land and forest.

At the federal level, the mandate is provided in the Federal Constitution since Parliament is the supreme law-making body. Under the mandate of the Federal Constitution various enactments, ordinances and Acts have been formulated at the federal level, especially within the stipulated Federal List, the Concurrent List and, in some cases, the State List. At that level, the power to make laws is vested in Parliament and assented to by the Yang Di Pertuan Agong (National Ruler).

At the State and local levels, institutional arrangements start with the State Constitutions, which in fact refer to the Federal Constitution when it comes to matters related to environmental resources and other environmentally-related issues. At the State level, laws are made by the State Legislative Assembly with the assent of the National Ruler which in this case can either be the Sultan, Raja or the Yang Di Pertua Negeri.

Malaysia has a significant body of environmentally-related legislation that has evolved over the years to accommodate prevailing needs, changing circumstances and priorities. Much of the legislation is sector-specific and State-based. The responsibilities for promulgating and administering the legislation are shared by the federal and State authorities. Some government agencies are responsible for administering certain aspects of the environment without full legal powers, while other legally empowered agencies are equipped with enforcement officers who can summon or even confine offenders. Local authorities are also empowered to safeguard the environment against pollution in areas where the Department of Environment does not have jurisdiction. Ambiguity in the definition of powers, functions and responsibilities has led to conflicts which undermine federal-State relationships in environmental management.

Both federal and State-enacted legislation contains provisions which determine the person who should head the task of carrying out the responsibilities under such legislation. There is an administrative set up and, in certain cases, a board or council to provide advice to the political head who can either be a relevant federal minister, a State minister or an executive councillor.

Based on legislation related to environmental resources and other environmental matters, agencies have been formed with legal powers to attend to matters under their jurisdiction. Those federal government agencies having powers over environmental resources and other environment-related matters are listed in table 3.

Table 3. Government agencies equipped with legal powers for administering environmental resources and other environmentally-related matters

Subject	Agencies with legal powers
Land	Department of Land and Cooperative Development;Land and District Office.
Water	Drainage and Irrigation Department; Department of Land; Department of Environment; Department of Fisheries; Local Authorities; Department of Health; Department of Mines.
Marine	Department of Environment; Department of Marines; Department of Fisheries; Marine Police.
Forest	Department of Forestry; Police.
Wildlife and National Parks	Department of Wildlife and National Parks.
Agriculture	Department of Agriculture; Department of Environment.
Air	Department of Environment; Local Authorities; Department of Road Transport; Department of Land and Cooperative Development; Department of Mines.
Solid Waste	Local Authorities; Department of Environment; Malaysia Highway Authority; Department of Forestry.
Noise	Department of Environment; Local Authorities; Factories and Machinery Department; Police.

A number of agencies are responsible for specific areas. In agriculture, for example, the Department of Agriculture and the Department of Environment are equipped with legal powers in the administration of environmental resources and other environmentally-related matters. However, in terms of administration, many more government agencies are involved, mostly in terms of planning within the government administration or as advisers. At the State level, the set-up is similar. In almost every State there are certain government departments in charge of certain matters related to environmental resources and other environmental matters.

There are also interagency coordination bodies set up to coordinate the activities of the different agencies, especially with regard to overcoming problems of duplication in responsibilities. One such coordinating institution, comprising the minister and executive councillor members responsible for the environment, was set up to coordinate environmental matters by way of discussions and negotiations. A number of issues and problems relating to the environment and its management have been solved through that committee. The following sections describe the structure of the existing institutional bodies, their roles and responsibilities and their missions regarding environmental issues.

II. NATIONAL INSTITUTIONAL ARRANGEMENTS

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