Can the durian plantation company face legal action?

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The durian plantation company may face legal action for violating environmental approval conditions.

The company behind the Musang King durian plantation is subject to potential legal action, as indicated by the Department of Environment (DoE). This is due to alleged violations of the conditions stipulated in the Environmental Impact Assessment (EIA) approval and contraventions of Malaysia's Environmental Quality Act 1974. The DoE is currently reviewing an application submitted in June for durian tree cultivation and is expected to render a decision on its approval within the current month.
Violation of EIA Approval Conditions

The initial EIA approval, granted in 2013, specifically permitted the planting of rubber trees, identified as timber latex clones, for a forest plantation. The current operation, however, involves the cultivation of durian trees, which deviates from the approved land use. This discrepancy constitutes a failure to comply with the established EIA approval conditions.
Potential Breach of Environmental Quality Act 1974

Beyond the specific EIA conditions, the company's activities may also contravene broader regulations under Malaysia's Environmental Quality Act 1974. The DoE has stated that legal proceedings can be initiated against the company for these infringements, pending the conclusion of detailed investigations.
Ongoing Review of Durian Plantation Application

The DoE has received a new application in June concerning the planting of durian trees. This application is currently under study, and the department anticipates making a decision on its approval this month. Should this application be approved, additional control measures, particularly concerning pollution management, will be required.
Historical Context of Land Use

It is noted that forest areas at Gunung Inas, cleared for plantations approximately 14 years prior to the current scrutiny, were not initially referred to the DoE. The permanent forest reserve status at Gunung Inas was altered by the government in 2007 to that of a forest plantation.

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Can the durian plantation company face legal action?

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