27. July 2012 · Comments Off on 64MW power plant project in Taman Millenium, Tawau is illegal and not following any proper procedure · Categories: Environment


We would like to thank the Assistant minister for requesting us (SEPA) to prove that the plant is according to the procedure and detrimental to the people of tawau, exclusively for the people of Taman Millenium.

We SEPA will prove that this project is illegal and not following any proper procedure. We would like to highlight the followings:-

1. SESB is unlawfully occupying the state land/land reserved which fall under public residential purpose under Sabah Land Ordinance Section 166.

To prove the point, under the letter from Jabatan Tanah Ukur, REF; L.S.1019.1.10/23 which stated CL105386034 is under land acquisition is for the purpose of power transmission.

Under section 30 (bb), SPECIFIC RIGHTS RESERVED, the right of constructing supply lines for conveying, transmitting or distributing electricity, laying down gas pipelines shall be determined in accordance with the procedure laid down in the Land Acquisition Ordinance (Cap 69)

2. Zoning.

Under the letter from MPT ref: MPT/PBP.12.90.83 dated 03 September 1997 stated proposed planning brief on CL105361135, CL 105384834 and CL105361153 at Jalan Sin On Eastern, Tawau is zoned under residential area. Therefore the power transmission station is under the zone of the said area.

Under the Environmental Quality Act 1974, project proponent must make sure that the concept of the proposed project does not contradict any development plans, policies or any decisions of the government of Malaysia prior to EIA study, namely:

a) National physical plan
b) Structure plan
c) Local plan
d) Regional plan (inter-state planning)
e) Agreement between the Government of Malaysia and Kualiti Alam Sdn Bhd on the disposal of scheduled wastes in Malaysia
f) Agreement between the government of Malaysia and Pantai Medivest Sdn Bhd, Faber, Mediserve Sdn Bhd and Radicare Sdn Bhd on the disposal of clinical wastes from government hospitals.
g) Guidelines on highland development (Garis panduan pembangunan di kawasan tahan tinggi)
h) Guidelines on siting and zoning of industries

Meaning, the proposed Kubota power plant must be in line with the environmental quality act 1974, in this case, Kubota power plant is an industry and should not be build in the residential area.

Definition of “industry plant” means ant plant used for the generation of power or for any industrial use or for the operation of ships, dredges, locomotives, cranes or other machines

3. Power generation.

Under the Environmental Quality Act 1974, appendix 2, Section 13 A, the DOE explanation is there are no steam generation, therefore does not need for EIA report. However, we do not agree with the interpretation of the DOE. The key words under section 13 (a) are, steam generation, burning fossil fuel capacity 10MW, why DOE ignore that it burn ½ million liters of diesel with the capacity of more than 10MW to come to a conclusion that no EIA is required.

Section 13 (c), construction of combined cycle power station need EIA, in case of Kubota power plant; it has a single stage gas turbine power generation, meaning that Kubota power plant has only 30% efficiency whereas combined power plant has 60% efficiency. Therefore Kubota power plant will have more heat and air pollution. Why DOE do approved the project without the need for EIA.

Even though the DOE has given the license to Kubota Power Plant to operate, we believe that the Environmental Quality Act 1974 was not properly followed.

4. Procedure

What procedure is YB Pang is talking about whereby SESB does not follow the law? Kubota power plant is squeezed into a tiny piece of state land, whereby safety of the plant is not taken into consideration.

The millions liters of diesel tank is build too close to the main road and the fuel diesel discharge point is build right on the shoulder of the road reserve.

Generally this project does not take safety features into consideration be it fire, lightning, health and environment.

According to YB Pang, the plant is operating on gas/petrol and expected to complete by October this year. YB Pang is misleading the people of Tawau by stating it can operate by gas or petrol. Gas is contained in spherical shape tank and petrol is highly flammable is store underground. The tank that now being build is meant for diesel only.

SEPA need not to prove the whole project is detrimental to the people of Tawau because that fact is elementary.

According to YB Pang, that only the minority support of people of Taman Millenium, including SEPA. Does YB Pang understand under the EIA Act under the section on flora and fauna, even a monkey has to be taken into consideration, what more of the people of Taman Millineum. It is not about the minority, it is about the environment and law and not about politics.


Related Link:
Borneo Post: Prove Tawau power project detrimental, Sepa told
Borneo Post: SEPA to prove power plant detrimental to people

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