Fishermen to appeal after High Court dismisses judicial review against Silicon Island project

GEORGE TOWN, July 11 — Seven fishermen and two non-governmental organisations today announced that they will file an appeal against the Penang High Court’s dismissal of their judicial review against the Penang South Reclamation (PSR) project approval process.

The fishermen, led by Zakaria Ismail, together with Sahabat Alam Malaysia (SAM) and Jaringan Ekologi dan Iklim (JEDI), have expressed disappointment at the High Court’s decision to dismiss their application for judicial review challenging the planning permission granted for the reclamation project by the state’s Town and Country Planning Department.

“While expressing their respect for the court’s decision today, the petitioners, who are mainly fishermen affected by the PSR project, feel disheartened that their pleas and complaints have been ignored and their rights violated,” according to a joint statement issued by SAM Secretary S. Mageswari and JEDI President Khoo Salma Nasution.

They said the High Court dismissed their application because the defendants had complied with the Town and Country Planning Act 1976, so there was no illegality, irrationality or unreasonableness in the decision-making process regarding the granting of planning permission.

“The High Court also accepted the respondents’ submission that there was no need to review and amend the Penang Structure Plan 2030 on the reduction in the size of the PSR project since Islands B and C were merely set aside and not abandoned,” they said.

They said the state government had made clear and unambiguous public statements that Islands B and C of the PSR project would no longer be implemented.

However, they said it was revealed during the exchange of affidavits during the proceedings that the two islands had simply been temporarily set aside and that the PSR project was not limited to Island A.

“According to the Environmental Impact Assessment (EIA) report, the PSR project will result in permanent and irreversible loss of the ecosystem,” they insisted.

They said the lives and livelihoods of coastal fishermen in the southern part of Penang will also be negatively affected by the project.

Meanwhile, Director-General of Infrastructure, Transport and Digital State Zairil Khir Johari said the dismissal of the judicial review showed that all the building permits, including the Environmental Impact Assessment (EIA), Social Impact Assessment (SIA) and other relevant studies that were conducted, complied with the existing laws.

“All legal requirements and procedures were followed throughout the approval processes and the court’s findings confirm that everything is in order in accordance with applicable laws,” he said in a statement today.

He said the Penang Silicon Island project will continue without any obstruction, in accordance with all guidelines and laws to ensure the completion of the project.

Penang Chief Minister Chow Kon Yeow also said that from day one of the reclamation project until today, the state has complied with all regulations.

The PSR, which has since been renamed Penang Silicon Island, is a reclamation project to create an artificial island covering approximately 930 hectares.

The project initially planned to create three artificial islands, but has since been reduced to a single island.

Rehabilitation work on the PSI, off Batu Maung, already began in September last year and is expected to be completed by 2032.