The document discusses problem based learning related to nuisance and constitutional law. It provides information on public nuisance, including cases that define it and set requirements. It discusses whether other road users could sue a lorry driver for public nuisance due to black smoke emissions. It also outlines the federal and state authorities that govern environmental issues and compounding of offenses for excessive smoke emissions. Suggestions are made to address the problem such as introducing a national biofuel policy, initiatives by the Department of Environment around alternative fuels and transportation efficiency, and adopting stricter fuel and emission standards.
Occupiers' Liability - For Revision Purpose OnlyAzrin Hafiz
one of the chapters in LAW 498 - Law of Torts II
prepared by:
Azrin Hafiz
Bachelor of Legal Studies (Hons) student
Faculty of Law
Universiti Teknology MARA (MARA Universiti of Technology), Malaysia
Question 1:
- Discuss the function and application of such form of punishment (reformatory) in Malaysia.
- Whether such form of punishment may tackle the issue of sentencing disparity.
Question 2:
- Discuss ‘illegal omission’ which may give rise to criminal liability.
CONTOH MOOTING OLEH PELAJAR TAHUN AKHIR DI UUMASMAH CHE WAN
Appeal on criminal case which is a rape case. we are acting on behalf of appellant (accused). This case was based on real situation in the case of Azahan bin Aminallah v PP.
Occupiers' Liability - For Revision Purpose OnlyAzrin Hafiz
one of the chapters in LAW 498 - Law of Torts II
prepared by:
Azrin Hafiz
Bachelor of Legal Studies (Hons) student
Faculty of Law
Universiti Teknology MARA (MARA Universiti of Technology), Malaysia
Question 1:
- Discuss the function and application of such form of punishment (reformatory) in Malaysia.
- Whether such form of punishment may tackle the issue of sentencing disparity.
Question 2:
- Discuss ‘illegal omission’ which may give rise to criminal liability.
CONTOH MOOTING OLEH PELAJAR TAHUN AKHIR DI UUMASMAH CHE WAN
Appeal on criminal case which is a rape case. we are acting on behalf of appellant (accused). This case was based on real situation in the case of Azahan bin Aminallah v PP.
Regulation and policy incentives for innovations in industrial effluents mana...ILRI
Presented by Emmanuel Malifu, AAU, at the Bioinnovate Regional Experts Workshop on Industrial Effluents Management in East Africa, Addis Ababa, Ethiopia, 19-20 May 2014
LIVING WITH THE EARTHCHAPTER 13ENVIRONMENTAL LAWS & COMP.docxcroysierkathey
LIVING WITH THE EARTH
CHAPTER 13
ENVIRONMENTAL LAWS
& COMPLIANCE
Page
Objectives for this Chapter
A student reading this chapter will be able to:
1. Discuss how a law is made and describe the system of environmental laws.
2. List and describe the major components of the major federal environmental laws including: RCRA, CERCLA, EPCRA,SARA Title III, Pollution Prevention Act, CAA, CWA, SDWA, stormwater regulations, pesticide regulations, and underground storage tank regulations.
Objectives for this Chapter
A student reading this chapter will be able to:
3. Describe and discuss the major components of environmental compliance.
The Making of a Law
Bill is first introduced into house and senate;
Referred to subcommittee for review and support;
90% fail at this level
Recommended bills are brought forward for hearings and comment;
Committee meets to mark up (discuss) bill and vote on it;
If still found favorable, bill is sent to full chamber;
The Making of a Law (cont.)
The bill is then sent to the Rules committee of House where a time limit is set for debate and other rules are set.
The bill is also sent to the Senate where unrelated riders may be attached to a popular bill.
House and Senate usually make changes in the bill before passing, and the different versions are sent to a conference committee for resolution.
BILL
SENATE
HOUSE
Rules committee
BILL
BILL
Senate version
House version
CONFERENCE COMMITTEE
The Making of a Law (cont.)
If a resolution is accepted and the same version is approved by both House and Senate, the bill moves forward to the President who may sign or veto it.
Congress can override a veto by 2/3rds majority, but this is difficult to do.
CONFERENCE COMMITTEE
BILL
SENATE
HOUSE
If both Chambers approve final version, the bill is sent forward to the president
Veto?
Sign?
PRESIDENT
Page
Common Themes Among Environmental Laws
EIGHT GENERIC COMPLIANCE OBLIGATIONS
1. Notification requirements
2. Discharge or waste controls
3. Process controls and pollution prevention
4. Product controls
5. Regulation of activities
6. Safe transportation requirements
7. Response and remediation requirements
8. Compensation requirements
Environmental Laws are Part of a System
ENVIRONMENTAL LAW ENCOMPASSES ALL THE ENVIRONMENTAL PROTECTION THAT COMES FROM:
U.S. CONSTITUTION AND STATE CONSTITUTIONS
FEDERAL AND STATE STATUTES AND LOCAL ORDINANCES
REGULATIONS PUBLISHED BY FEDERAL, STATE AND LOCAL AGENCIES
PRESIDENTIAL EXECUTIVE ORDERS
COURT DECISIONS INTERPRETING THESE LAWS
THE COMMON LAW
Executive Orders
These are orders issued by the president and require federal facilities to comply and provide leadership in protecting the environment. More than 18 executive orders have been issued since 1970.
Common Law
A body of rules and principles that pertain to the government and the security of persons and property.
Basic rules originally developed in England and t ...
Principles of International Law on Transboundary Pollution,FadzliRohami1
The principle that a State has responsibility for any environmental damage it creates even beyond its territorial limits.' Specifically, the tribunal found that based on principles of international law: no State has the right to use or permit the use of its territory in such a manner as to cause injury by fumes in or to the territory of another or the properties or person therein, when the case is of serious consequence and the injury is established by clear and convincing evidence
Evaluation of the Statutory Regime of Corporate Environmental Liability in th...AJHSSR Journal
It was not long after the discovery of oil in the small town of oloibri Bayelsa state in 1956, that
commercial exploration started in 1958. Nigeria is Africa's biggest producer of crude, with production capacity
estimated at 2 million barrels per day (bbl. /d) in 2018. Judging from the large reserves and with a right
atmosphere, Nigeria could produce up to 3 million bbl. /d per day. Nigeria is estimated to have about 37.2
billion barrels of proven oil reserves, largely concentrated in the Niger Delta Region and over 95 per cent export
and 75 per cent earnings Nigeria is dependent on the Oil and Gas sector.
Cases of pipeline leakages have become rampant in Niger Delta; this has influenced negatively the
social, economic, and ecological life in the region. Oil spills occurrences stood at 6,744 spills with 2,369,470
barrels between 1976-2000, of this number, an estimated 1,820,410.5 barrels 77% was deposited into the
environment, though a cumulative figure of 549,060 barrels of oil, signifying 23.17 per cent of the whole was
however recovered. Painfully, this unprecedented number of oil spill accidents has witnessed only a negligible
clean-up effort by multinational oil corporations (MNCs) from whose facilities the oil escaped.
This article critically examines the liability regime of corporate operators in the oil and gas sector in Nigeria.
The inadequacies in the major laws within the sector and proffer suggestions for a stronger legal framework.
Nigeria is not lacking in regulatory laws within the oil and gas sector, but these laws are weak and lack the
efficacy to make the polluter liable.
How to Obtain Permanent Residency in the NetherlandsBridgeWest.eu
You can rely on our assistance if you are ready to apply for permanent residency. Find out more at: https://immigration-netherlands.com/obtain-a-permanent-residence-permit-in-the-netherlands/.
PRECEDENT AS A SOURCE OF LAW (SAIF JAVED).pptxOmGod1
Precedent, or stare decisis, is a cornerstone of common law systems where past judicial decisions guide future cases, ensuring consistency and predictability in the legal system. Binding precedents from higher courts must be followed by lower courts, while persuasive precedents may influence but are not obligatory. This principle promotes fairness and efficiency, allowing for the evolution of the law as higher courts can overrule outdated decisions. Despite criticisms of rigidity and complexity, precedent ensures similar cases are treated alike, balancing stability with flexibility in judicial decision-making.
WINDING UP of COMPANY, Modes of DissolutionKHURRAMWALI
Winding up, also known as liquidation, refers to the legal and financial process of dissolving a company. It involves ceasing operations, selling assets, settling debts, and ultimately removing the company from the official business registry.
Here's a breakdown of the key aspects of winding up:
Reasons for Winding Up:
Insolvency: This is the most common reason, where the company cannot pay its debts. Creditors may initiate a compulsory winding up to recover their dues.
Voluntary Closure: The owners may decide to close the company due to reasons like reaching business goals, facing losses, or merging with another company.
Deadlock: If shareholders or directors cannot agree on how to run the company, a court may order a winding up.
Types of Winding Up:
Voluntary Winding Up: This is initiated by the company's shareholders through a resolution passed by a majority vote. There are two main types:
Members' Voluntary Winding Up: The company is solvent (has enough assets to pay off its debts) and shareholders will receive any remaining assets after debts are settled.
Creditors' Voluntary Winding Up: The company is insolvent and creditors will be prioritized in receiving payment from the sale of assets.
Compulsory Winding Up: This is initiated by a court order, typically at the request of creditors, government agencies, or even by the company itself if it's insolvent.
Process of Winding Up:
Appointment of Liquidator: A qualified professional is appointed to oversee the winding-up process. They are responsible for selling assets, paying off debts, and distributing any remaining funds.
Cease Trading: The company stops its regular business operations.
Notification of Creditors: Creditors are informed about the winding up and invited to submit their claims.
Sale of Assets: The company's assets are sold to generate cash to pay off creditors.
Payment of Debts: Creditors are paid according to a set order of priority, with secured creditors receiving payment before unsecured creditors.
Distribution to Shareholders: If there are any remaining funds after all debts are settled, they are distributed to shareholders according to their ownership stake.
Dissolution: Once all claims are settled and distributions made, the company is officially dissolved and removed from the business register.
Impact of Winding Up:
Employees: Employees will likely lose their jobs during the winding-up process.
Creditors: Creditors may not recover their debts in full, especially if the company is insolvent.
Shareholders: Shareholders may not receive any payout if the company's debts exceed its assets.
Winding up is a complex legal and financial process that can have significant consequences for all parties involved. It's important to seek professional legal and financial advice when considering winding up a company.
ASHWINI KUMAR UPADHYAY v/s Union of India.pptxshweeta209
transfer of the P.I.L filed by lawyer Ashwini Kumar Upadhyay in Delhi High Court to Supreme Court.
on the issue of UNIFORM MARRIAGE AGE of men and women.
Car Accident Injury Do I Have a Case....Knowyourright
Every year, thousands of Minnesotans are injured in car accidents. These injuries can be severe – even life-changing. Under Minnesota law, you can pursue compensation through a personal injury lawsuit.
Introducing New Government Regulation on Toll Road.pdfAHRP Law Firm
For nearly two decades, Government Regulation Number 15 of 2005 on Toll Roads ("GR No. 15/2005") has served as the cornerstone of toll road legislation. However, with the emergence of various new developments and legal requirements, the Government has enacted Government Regulation Number 23 of 2024 on Toll Roads to replace GR No. 15/2005. This new regulation introduces several provisions impacting toll business entities and toll road users. Find out more out insights about this topic in our Legal Brief publication.
In 2020, the Ministry of Home Affairs established a committee led by Prof. (Dr.) Ranbir Singh, former Vice Chancellor of National Law University (NLU), Delhi. This committee was tasked with reviewing the three codes of criminal law. The primary objective of the committee was to propose comprehensive reforms to the country’s criminal laws in a manner that is both principled and effective.
The committee’s focus was on ensuring the safety and security of individuals, communities, and the nation as a whole. Throughout its deliberations, the committee aimed to uphold constitutional values such as justice, dignity, and the intrinsic value of each individual. Their goal was to recommend amendments to the criminal laws that align with these values and priorities.
Subsequently, in February, the committee successfully submitted its recommendations regarding amendments to the criminal law. These recommendations are intended to serve as a foundation for enhancing the current legal framework, promoting safety and security, and upholding the constitutional principles of justice, dignity, and the inherent worth of every individual.
A "File Trademark" is a legal term referring to the registration of a unique symbol, logo, or name used to identify and distinguish products or services. This process provides legal protection, granting exclusive rights to the trademark owner, and helps prevent unauthorized use by competitors.
Visit Now: https://www.tumblr.com/trademark-quick/751620857551634432/ensure-legal-protection-file-your-trademark-with?source=share
Military Commissions details LtCol Thomas Jasper as Detailed Defense CounselThomas (Tom) Jasper
Military Commissions Trial Judiciary, Guantanamo Bay, Cuba. Notice of the Chief Defense Counsel's detailing of LtCol Thomas F. Jasper, Jr. USMC, as Detailed Defense Counsel for Abd Al Hadi Al-Iraqi on 6 August 2014 in the case of United States v. Hadi al Iraqi (10026)
RIGHTS OF VICTIM EDITED PRESENTATION(SAIF JAVED).pptxOmGod1
Victims of crime have a range of rights designed to ensure their protection, support, and participation in the justice system. These rights include the right to be treated with dignity and respect, the right to be informed about the progress of their case, and the right to be heard during legal proceedings. Victims are entitled to protection from intimidation and harm, access to support services such as counseling and medical care, and the right to restitution from the offender. Additionally, many jurisdictions provide victims with the right to participate in parole hearings and the right to privacy to protect their personal information from public disclosure. These rights aim to acknowledge the impact of crime on victims and to provide them with the necessary resources and involvement in the judicial process.
Responsibilities of the office bearers while registering multi-state cooperat...Finlaw Consultancy Pvt Ltd
Introduction-
The process of register multi-state cooperative society in India is governed by the Multi-State Co-operative Societies Act, 2002. This process requires the office bearers to undertake several crucial responsibilities to ensure compliance with legal and regulatory frameworks. The key office bearers typically include the President, Secretary, and Treasurer, along with other elected members of the managing committee. Their responsibilities encompass administrative, legal, and financial duties essential for the successful registration and operation of the society.
6. SUBSTANCE IN
BLACK SMOKE
Water Nitrogen
Carbon Aldehydes
Carbon MonoxidePolycyclic Aromatic
Hydrocarbon
Oxide of
Sulphur
Oxide of
Nitrogen
7. Quality of Diesel used
Type of Engine
State of Engine Tuning
Fuel Pump Setting
Workload Demand of Engine
Engine Temperature
Maintenance of Engine
FACTORS THAT AFFECT
BLACK SMOKE
8. 1) Nuisance to people
2) Health Problem
Respiratory Problem
Irritation of Eyes
Lung Problem
Cancer
Can even led to death if it is excessive
PROBLEMS
10. Majlis Perbandaran Pulau Pinang v Boey Siew Than
& Ors [1978] 2 MLJ 156
Gunn Chit Tuan J (at 158): “… it is clear that a nuisance
is a public nuisance, if, within its sphere, which is the
neighbourhood; it materially affects the reasonable
comfort and convenience of a class of the subjects of
the State”
PUBLIC OR PRIVATE NUISANCE?
11. Section 268 of Penal Code, Act 574
A person who is found guilty of public nuisance
may be subject to a criminal sanction
PUBLIC NUISANCE IS A CRIME
12. The smoke emission was likely to cause annoyance to
any persons and thereby committed an offence under
rule 107 of the Motor Vehicles (Construction &
Use) Rules, 1959, and punishable under section
146(1)(d) of the Road Traffic Ordinance, 1958
PUBLIC PROSECUTOR V CHANG
HUI PAT [1969] 2 MLJ 74
14. Based on opinion is allowed
Ibrahim J: “… the prosecution witness who had seen the
smoke emitted expressed the opinion that it was likely
to cause annoyance to others and one of them had given
the reason why he was of that opinion, a case had been
made out by the prosecution which if unrebutted
would warrant a conviction.”
ANNOYANCE
15. Witness of the offence is sufficient
Ibrahim J: “ … the learned magistrate was wrong in
holding that there must be a specific person to whom
annoyance was likely to be caused by the smoke
emitted.”
CLAIMANT
16. Wing v. The New Brunswick Brick And Pottery Co.
Pty. Ltd
Meaning of „dense‟, „opaque‟ and „black‟
No certain objective standard with respect to the above
words has been prescribed
Construed according to their dictionary meanings
No definition thereof being required
INTERPRETATION OF „BLACK
SMOKE‟
17. A system of smoke observation – exhibit in this case
Consist of five squares numbered respectively 1 to 5
Square No. 1 is white, square 2 to 4 each has graph lines
criss-crossed
Graph lines darken from square 2 to square 5
Square 5 is completely black
“THE RINGELMANN METHOD”
18. • Public nuisance is an act or omission which inflicts damage ,
injury , or inconvenience on subjects of the State or on
members of a class who come within the sphere or
neighborhood of its operation , and it might affect some
members to a greater extent than others.
• Section 8(1) of the Government Proceedings Act 1956(GPA)
provides that the Attorney-General , or two or more persons
who have obtained written permission from the Attorney-
General , may institute a suit in public nuisance for a declaration
and injunction or for such other relief as may be appropriate to
the circumstances of the case. This may be done even without
suffering any special damage.
WHETHER OTHER ROAD USERS MAY
SUE THE LORRY DRIVER ON THE
GROUND OF PUBLIC NUISANCE?
19. In MPPP v Boey Siew Than,
it was held in High Court that the plaintiff local authority brought an action
without the written consent of the AG. On appeal from the plaintiffs, the
Federal Court held that since the plaintiff had commenced its action based on
section 80 of the Local Government Act 1976 which allowed a local authority
to take in its own name, it was therefore released the local authority from the
obligation stipulated in section 8(1) of GPA for the interest of justice and of
the proper functioning of the plaintiff as a local authority of the plaintiff as a
local authority.
CASE 1
20. Lee Boon Tien@ Lee Mun Teng & 19 Ors v Hiap Lee (Petrol) Sdn Bhd &
2 Ors
The Plaintiffs' contention that they had experienced physical and emotional
suffering as a result of being constantly exposed to gasoline fumes or
petrol smoke is entirely unsupported by any cogent or compelling
evidence. The Plaintiffs' allegations that the Defendants have committed
acts of inter alia trespass, negligence or nuisance are inherently incredible.
Indeed, a perusal of the contents of the affidavits indicates that the Plaintiffs
have not produced any evidence to support the allegations and as such have
failed to make out a case for the said trespass/negligence/nuisance. After
weighing all the matters adumbrated above I find that the Defendants would
suffer greater injustice by the grant of the injunctions sought, than by its
refusal. In the result the court dismissed the plaintiff's application for injunctive
relief with costs.
CASE 2
21. A person who have suffered particular damage need not have an interest in
land to sue the tortfeasor. The plaintiff would be award damages if he can
prove the degree of injury and it must a substantial and direct consequences.
In conclusion, the other road users may sue the lorry driver on the ground
public nuisance.
CONTINUE
24. Section 1(1) : apply to the whole Malaysia
Ketua Pengarah Jabatan Alam Sekitar & Anor V Kajing Tubek & Ors And
Other Appeals
Issue :Whether Environmental Quality Act 1974 applies in Sarawak
(Per Gopal Sri Ram and Mokhtar Sidin JJCA) Courts should, when determining the
scope of Federal and state legislation upon a particular subject, ensure that the
enactments of each legislative power were read so as to avoid inconsistency or
repugnancy between them.Sarawak had exclusive authority to regulate,by legislation
,the use of it in such manner as it deemed fit.
Court held that Environmental Quality Act does not apply in Sarawak
ENVIRONMENTAL
QUALITY ACT 1974
25. Rules 1(2) : shall apply throughout Malaysia
Interpretation : „emission of pollutants‟
First Schedule : emission standards of pollutants
Part III : smoke emission control of motor vehicle
ENVIRONMENTAL QUALITY
(COMPOUNDING OF OFFENCES)
RULES 1978
ENVIRONMENTAL QUALITY (CONTROL
OF EMISSION FROM DIESEL ENGINES)
REGULATIONS 1996
26. The main function of the DOE is to prevent, eliminate, control pollution and
improve the environment, consistent with the purposes of the
Environmental Quality Act 1974 and the regulations there under DOE is
also responsible for the implementation of the resolutions decided by the
conventions and other areas while the success of programs of bilateral
cooperation and multilateral cooperation between Indonesia, Singapore and
other ASEAN countries on environmental management.
DEPARTMENT OF
ENVIRONMENT (DOE)
28. • Implement the enforcement program EQA 1974 and the regulations
promulgated thereunder.
• To conserve and enhance the quality of the environment.
• Monitoring and control of air pollution from factories, vehicles and open
burning.
• To provide advice to developers development.
• To provide input and advice to the State Government and local authorities in
the planning of development projects.
• To carry out an investigation into alleged environmental contamination.
• Processing of Environmental Impact Assessment (EIA).
PRIMARY FUNCTION OF DOE
STATES OFFICES
29. OUTSOURCE
the task of conducting smoke
emission tests on diesel-run
vehicles compounded for excessive
smoke emission
30. What are the compound that can be exerted towards the vehicles with
excessive smoke emission?
COMPOUND OF EXCESSIVE
SMOKE EMISSION
31. WhichAuthoritiesgovern
thecompoundissue?
ENVIRONMENTAL QUALITY ACT
1974
Section 21
ENVIRONMENTAL QUALITY
(CONTROL OF EMISSION FROM
DIESEL ENGINES) REGULATION
1996
Regulation 21 :Offences which may be
compounded
ENVIRONMENTAL QUALITY
(COMPOUND OF OFFENCES)
RULES 1978
Rule 2 : Sum to be collected and
method of payment
FEDERAL SUBSIDIARY
LEGISLATION
32. ENVIRONMENTAL QUALITY ACT 1974
• Section 21
ENVIRONMENTAL QUALITY (CONTROL OF EMISSION FROM
DIESEL ENGINES) REGULATION 1996
• Regulation 21 :Offences which may be compounded
ENVIRONMENTAL QUALITY (COMPOUND OF OFFENCES)
RULES 1978
• Rule 2 : Sum to be collected and method of payment
FEDERAL SUBSIDIARY
LEGISLATION
34. • Introduction of National Biofuel Policy
encourage the public to utilise the affirmative fuel as a clean fuel
source (from the paperwork of PETRONAS)
• Initiative of Department of Environment
1) using alternative fuel
2) encourage car poolamong road users
3) improve the efficiency of public transport
4) adoption of european fuel quality standards
5) adoption of stringent engine emission standards
6) regulation enforcement