The Federal Government and Sarawak Government continue to monitor the situation and take appropriate measures to protect public health and safety.
In response to a question from Kota Melaka MP Tuan Khoo Poay Tiong on whether the government would reconsider the need for a Transboundary Haze Pollution Act and introduce a Clean Air Act following the Serian haze emergency, the ministry said it had reviewed the feasibility of introducing dedicated legislation on several occasions.
These assessments considered legal enforceability, diplomatic relations with neighbouring countries and the implementation of similar laws elsewhere to ensure that resources would not be wasted on legislation that could prove ineffective.
The ministry stressed that the effectiveness of any law depended not only on its provisions but also on the ability to obtain evidence, conduct investigations and enforce penalties against parties operating outside Malaysia’s jurisdiction.
It added that any proposed legislation addressing transboundary pollution would require comprehensive evaluation, particularly regarding enforcement capabilities, evidentiary requirements, diplomatic implications and compatibility with existing laws.
Clear evidence that haze originated in a neighbouring country would also be necessary. This could include location maps, geographical coordinates, land ownership information and details of parties operating at fire sites.
However, obtaining such information could involve issues of confidentiality, security and the sovereignty of the country where the fires originated.
Meanwhile, the Environmental Quality Act 1974 (Act 127) remains the principal legal framework for enforcement against open burning and pollution within Malaysia. Under Section 29A of the Act, action can be taken against parties found guilty of illegal open burning in the country.
To address transboundary haze, Malaysia is strengthening bilateral cooperation with Indonesia through engagements between NRES and Indonesia’s Ministry of Environment, as well as cooperation between Sarawak and West Kalimantan.
These efforts include closer coordination in monitoring and extinguishing fires to reduce the intensity of transboundary haze, alongside exploring longer-term cooperation to tackle the problem.
At the regional level, Malaysia will continue to leverage the ASEAN Agreement on Transboundary Haze Pollution (AATHP) and strengthen cooperation under the agreement to achieve ASEAN’s aspiration of becoming haze-free by 2030.
During the annual meeting in Bali in July, Malaysia proposed the establishment of Science Diplomacy and a Sustainable Haze Fund to strengthen implementation of the AATHP.
The proposals focus on two complementary priorities: expanding the use of scientific evidence in ASEAN policymaking and decision-making on transboundary haze, and ensuring more sustainable funding for regional action.
The ministry noted that transboundary haze had become increasingly challenging due to a combination of factors, including climate variability, prolonged dry spells, peatland degradation, land-use changes, agricultural practices, population growth and climate change.
It said scientific evidence was essential to understanding the causes, risks, patterns and impacts of haze, enabling governments to develop more targeted and effective prevention, preparedness and response measures.
In conclusion, the government said lessons from the 2026 haze episode, particularly in Serian, would inform efforts to review and improve existing mechanisms.
Immediate priorities include strengthening domestic laws to curb open burning in every ASEAN member state, improving information-sharing and cross-border enforcement cooperation, and ensuring that commitments under the AATHP are implemented fully and seriously.
Malaysia will raise these issues at upcoming meetings on the implementation of the regional haze agreement, the ministry said.
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