Analysing Punishment of Corporations in Water Pollution Case

Abstract

For a stiffer penalty, punishment for the environmental violation was generally increased from Malaysian Ringgit 10,000 to Malaysian Ringgit 100,000 and from two years to five years imprisonment twenty years ago. Although the penalties are improved, the cases of environmental pollution and violation are yet increasing. This article examines the trend of punishment for environmental violations that imposed on the corporate entities or corporations. Focusing on the case of water pollution, the observations are made to the penalty’s provisions of the Environmental Quality Act 1974 and the penalties imposed through the court judgment against the corporations. For this purpose, cases and charges of water pollution are obtained from the records of Department of Environment Malaysia. Moreover, views of the judges of the Green Court on both laws and judgments relating to penalties are acquired. The study found that: (a) there is a wide gap between the punishment imposed by law and the penalties positioned by court; (b) corporate entities are willing to pay fines; (c) courts are not ready to impose imprisonment for default of payment to the corporations or individuals within the corporations. Though addressing water pollution, the findings should be far-reaching surpassing other types of environmental pollution.