Penang govt has power to approve sea reclamation project, says exco

Penang state executive councilor Zairil Khir Johari has refuted claims that the state government lacks the authority to approve the Southern Penang Sea Reclamation (PSR) project. He asserted that the Court of Appeal has recognized the state's power to implement the reclamation through the State Structure Plan and approval from the National Physical Planning Council.

Johari clarified that the Court of Appeal upheld the High Court's decision, dismissing the applicants' appeal. He emphasized that the court never found the PSR project's commencement to be unlawful. The appeal was lodged by seven fishermen and two NGOs, Sahabat Alam Malaysia (SAM) and Jaringan Ekologi dan Iklim (JEDI), challenging the planning permission granted on August 21, 2023, for the PSR project, now known as Silicon Island.

According to Johari, the court confirmed the state's authority to approve reclamation projects via the State Structure Plan and the NPPC. He criticized attempts to misrepresent the facts, calling claims of the reclamation project being illegal sensational and irresponsible. The Court of Appeal also ruled that until the reclamation is complete, the sea area remains under Federal Government ownership according to the Territorial Sea Act 2012, meaning planning permission was not required at that stage as the land had not yet formed and was not within local authority jurisdiction.

Furthermore, the reclamation project received approval through the Penang State Structure Plan 2030, agreed upon by the NPPC before being gazetted on October 24, 2019. The court also found that the appellants failed to challenge the validity of the Penang State Structure Plan 2030 and the PSR Master Plan within the prescribed period. SAM expressed disappointment with the Court of Appeal's decision and is consulting with other appellants on whether to proceed with an application for leave to appeal.