# When haze crosses borders, can the law follow?

> Malaysia's environmental laws struggle to stop transboundary haze pollution.
- Title: When haze crosses borders, can the law follow? · Malay Mail
- Summary: Malaysia's environmental laws struggle to stop transboundary haze pollution. Malaysia's domestic environmental laws are strong but cannot address…
- Keywords: malaysia, haze, transboundary pollution, environmental law, constitutional right, federal constitution, environmental quality act, penalties, open burning, jurisdictional gap, transboundary haze pollution act, news
- Source: Malay Mail — https://malaymail.com/news/what-you-think/2026/10/16/when-haze-crosses-borders-can-the-law-follow-mohd-zulfakar-mohd-nawi-and-redza-zakaria/239257
- Published: 2026-10-16T08:46:57+00:00
- Read time: 1 min
- Topics: malaysia, haze, transboundary pollution, environmental law, constitutional right, federal constitution, environmental quality act, penalties, open burning, jurisdictional gap, transboundary haze pollution act, news
## Malaysia's environmental law paradox
Malaysia has strong domestic environmental laws but cannot stop haze pollution from outside its borders.
## Constitutional right to clean air
Malaysia's federal constitution guarantees a right to live in a pollution-free environment through Article 5(1).
## Landmark court precedent
The 1996 Court of Appeal case expanded 'life' to include pollution-free living conditions.
## 2024 court action
Johor Bahru High Court doubled fines for air pollution to RM80,000 per charge in 2024.
## Human Rights Commission report
Malaysia's Human Rights Commission published a haze pollution report in 2024.
## Environmental Quality Act 1974
Malaysia's Environmental Quality Act 1974 has been amended to increase penalties for environmental violations.
## Penalties for open burning
Open burning fines range from RM25,000 to RM1 million with up to five years in prison.
## Landowner liability
Landowners must prevent trespassers from starting fires on their property.
## Sarawak's haze impact
Sarawak faces severe haze pollution with 80% of complaints from open burning.
## Territorial jurisdiction problem
Malaysia's laws cannot stop haze from fires in Kalimantan, even if controlled by Malaysian companies.
## 2019 haze crisis
The 2019 haze crisis led to Malaysia studying transboundary pollution laws.
## 2020 legislative attempt
Malaysia proposed a Transboundary Haze Pollution Act in 2020 but shelved it after government change.
## 2023 government stance
By 2024, Malaysia said enforcing transboundary laws without bilateral agreements is impossible.
## 2024 legislative review
Malaysia reopened studies into transboundary legislation in September 2024.
## Key takeaway

Malaysia's domestic environmental laws are strong but cannot address cross-border haze pollution due to territorial jurisdiction.