Integrating Environmental Considerations into the Economic Decision-Making Process
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Volume 3East and Southeast AsiaMalaysia (agriculture) Index
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ANNEXES

[ ANN-I | ANN-II | ANN-III ]

III. Matters related to the environment in the federal Constitution

A. Federal List

Item 1. External affairs, including:

(a) Item 1(a), treaties, agreements and conventions with other countries and all matters which bring the federation into relations with any other country;

(b) Item 1(b), implementation of treaties, agreements and conventions with other countries;

(c) Item 1(d) international organization participation in international bodies and implementation of decisions taken.

Item 7. Finance, including:

(a) Item 7(c), borrowing on the security of the Federal Consolidated Fund;

(b) Item 7(d), loans to or borrowing by the States, public authorities and private enterprises;

(c) Item 7(f), financial and accounting procedures, including the procedure for the collection, custody and payment of the public moneys of the federation and of the States, and the purchase, custody and disposal of public property other than federation and State land;

(d) Item 7(g), audits and accounts of the Federation and the States and other public authorities;

(e) Item 7(h), taxes; rates in the federal capital.

Item 8. Trade, commerce and industry, including:

(a) Item 8(i), industries, regulations of industrial undertakings;

(b) Item 8(j), subject to item 2(c) in the State List including: Development of mineral resources; mines, mining, minerals and mineral ores; oil and oilfields; purchase, sale, import and export of minerals and mineral ores; petroleum products; regulation of labour and safety in mines and oilfields;

(c) Item 8(k), factories; boilers and machinery; dangerous trades;

(d) item 8(l), dangerous and inflammable substances.

Item 9. Shipping, navigation and fisheries, including:

(a) Item 9(a), shipping and navigation on the high seas and in tidal and inland waters;

(b) Item 9(b), ports and harbours; foreshores;

(c) Item 9(d), maritime and estuarine fishing and fisheries, excluding turtles.

Item 10. Communications and transport, including:

(a) Roads, bridges, ferries and other means of communication if declared to be federal by or under federal law;

(b) Railways, excluding Penang Hill Railway;

(c) Airways, aircraft and air navigation; civil aerodromes; provisions for the safety of aircraft;

(d) Regulation of traffic by land, water and air other than on rivers outside harbour areas wholly within one State.

Item 11. Federal works and power, including:

(a) Public works for federal purposes;

(b) Water supplies, rivers and canals, except those wholly within one State or regulated by an agreement between all the States concerned; production, distribution and supply of water power and energy;

(c) Electricity; gas and gas works; and other works for the production and distribution of power and energy.

Item 13. Education:

Item 14. Medicine and health, including sanitation in the federal capital:

(a) Poisons and dangerous drugs;

(b) Intoxicating drugs and liquors; manufacture and sales of drugs.

Item 15. Labour and social security:

Item 29. Control of agricultural pests; protection against such pests; and prevention of plant diseases

Item 25A. Tourism

Item 27. All matters related to the Federal Territory, including matters enumerated in items 2, 3, 4 and 5 of the State List and in the case of the Federal Territory of Labuan, the matters enumerated in items 15, 16 and 17 of the Supplement to the State List for the States of Sabah and Sarawak

 

B. State List

Item 2. Except with respect to the Federal Territories of Kuala Lumpur and Labuan, land including:

(a) Land tenure, relation of landlord and tenant; registration of titles and deeds relating to land; colonization, land improvement and soil conservation; rent restriction;

(b) Malay reservations or, in the States of Sabah and Sarawak, native reservations;

(c) Permits and licenses for prospecting for mines; mining leases and certificates;

(d) Compulsory acquisition of land;

(e) Transfer of land, mortgages, leases and charges in respect of land; easements; and

(f) Secheat; treasure trove excluding antiquities.

Item 3. Except with respect to the Federal Territories of Kuala Lumpur and Labuan, Agriculture and Forestry, including:

(a) Agriculture and agricultural loans;

(b) Forests.

Item 4. Local government outside the Federal Territories of Kuala Lumpur and Labuan, including:

(a) Local administration; municipal operations; local, town and rural boards and other local authorities; local government services; local rates; local government elections;

(b) Obnoxious trades and public nuisances in local authority areas.

Item 5. Except with respect to the Federal Territories of Kuala Lumpur and Labuan, other services of a local character, that is:

(a) Boarding houses and lodging houses;

(b) Burial and cremation grounds;

(c) Pounds and cattle trespass;

(d) Markets and fairs;

(e) Licensing of theatres, cinemas and places of public amusement.

Item 6. State works and water, that is:

(a) Public works for State purposes;

(b) Roads, bridges and ferries other than those in the Federal List, regulation of weight and speed of vehicles on such roads;

(c) Subject to the Federal List, water (including water supplies, rivers and canals); control of silt; riparian rights.

Item 12 - Turtles and riverine fishing

Made under List IIA for the States of Sabah and Sarawak.

Item 15 - Ports and harbours, other than those declared to be federal by, or under, federal law; regulations of traffic by water in ports and harbours or on rivers wholly within the State, except traffic in federal ports or harbours; foreshores

Item 16 - Cadastral land surveys

Item 18 - In Sabah, the Sabah Railway

 

C. Concurrent List

Item 3. Protection of wild animals and wild birds; national parks

Item 5. Town and country planning, except in the federal capital

Item 7. Public health, sanitation (excluding sanitation in the federal capital) and the prevention of diseases

Item 8. Drainage and irrigation

Item 9. Rehabilitation of mining land and land which has suffered soil erosion

Item 9C. Housing and provisions for housing accommodation

Made under List IIIA for the States of Sabah and Sarawak.

Item 12. Shipping under 15 registered tons, including the carriage of passengers and goods by such shipping; maritime and estuarine fishing and fisheries

Item 13. The production, distribution and supply of water power and of electricity generated by water power

Item 14. Agricultural and forestry research, control of agricultural pests, and protection against such pests; prevention of plant diseases

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