Hillslopes Development and Bukit Antarabangsa Tragedy

In the last 15 years, there were 13 major landslides in Hulu Kelang area, of which 5 were in Bukit Antarabangsa area.

There should be more political will by both the Federal and State Government to ensure that there is no landslide in highland developments.

There are clear guidelines of highlands development by the Ministry of Environment. These guidelines are not only set out clearly according to the gradient of hillslopes, it also laid out steps to be taken to ensure safety on hillslopes development. They should be strictly adhered to, regulated, monitored and enforced.

Highland developments are classified into:

a) Class I - Gradient Less than 15 degrees

b) Class II - Gradient more than 15 to less than 25 degrees

c) Class I & Class II - For Development with Conditions

d) Class III - Gradient more than 25 to less than 35 degrees-little development allowed

e) Class IV - Gradient more than 35 degrees-No development allowed

There are even details about the qualifications and experience of consultants involved in the projects. However, it looks good on paper only.

When such tragedy occurs, many questions remain unanswered, especially who is to be held liable:

1. The approving authority is the local authority and often it lacks the technical know how and have to be dependent on other bodies. We are given to understand that the Ampang council does not even have a senior engineer to supervise Highland development.

2. There should be close supervising during the project implementation. If there are EIA requirements, who is to ensure that mitigating measures are followed and enforced? Supervision we are told is lacking.

3. Who is the Monitoring Authority? Often coordinated approaches involving many technical departments are required. It cannot be left to the local authority, which is lack of the expertise. If these consultants both private and government are involved, then they should be held accountable. It is they who are the experts, who certified the projects safe.

4. When the projects are completed, who is responsible for monitoring the projects and for how long it should be monitored? Leaving it to the developer to do the job of maintenance without being monitored is NOT the best method to ensure compliance.

5. Often if developments are by different contractors and developers – there is no coordination among them of who undertakes the coordination. There are accusations that some landowners / developers cut down their lands if the gradient is too steep to less steep (<35)degrees.

Every landslide and tragedy provides an opportunity to the authority to investigate the actual cause of the landslides – what went wrong and who is responsible. Often nobody seems to be accountable. The usual finger pointing and blame game starts.

a) Was it a design fault?

b) Did the construction go according to plan?

c) It is a maintenance problem that causes the landslides?

The victims and rakyat have the right to know who is responsible or accountable when tragedy strikes.

It cannot be an “Act of God” always. We are given to understand that while some consultants have paid the price of being negligent, no private developers have ever been brought to court for failing to comply with conditions laid down by the local authority.

The State Government and Federal Government must show that they are committed to ensure safety on hillslopes development. We may have to learn from Hong Kong how they overcome their problems on hillslopes development, otherwise landslides will continue and more tragedies will occur.

Buyers should NOT be faulted for buying houses on the hillslopes. We take it that the buildings are safe after the authority have approved it and certified it fit for occupation. However buyers have to be more careful in purchasing hillslopes houses. It can be time bomb.

Meanwhile the authority may want to review all hillslopes development that have been approved but not implemented. As for ongoing projects, it should be strictly monitored and regulated.

The Penang state government has shown a good example by ticking off one of the hillslopes developer in its state.

Until then we can only pray that landslides will not occur anymore.
Dr. Chua Soi Lek

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