Virtual Silence on Regional Air Pollution at 2024 ASEAN-Australia Special Summit

March 8, 2024 Edward Dever

The ASEAN-Australia Special Summit was held in Melbourne on 4-6 March 2024.

If attendees had cast an eye over NASA's regional map before the various events, they would have seen a region consumed by agricultural burning-off and forest fires. It might have provoked the odd question of leaders attending the Summit.

Fires across South East Asia are an annual event which choke the region and affect the health of tens of millions of people. During this time, the level of fine inhalable particles is many times higher than the WHO recommended level, resulting in increased respiratory-related illnesses.

While Thailand has a new draft Clean Air Act approved by Cabinet, each year politicians make broad statements about tackling air pollution and invoke feel good but otherwise useless temporary measures such as spraying water mist into the air.

Much of the air pollution is linked to agricultural burn-off, particularly in the sugar cane sector. Burning off is a cheap solution where farmers don't have the financial resources for more environmentally friendly farming practices. Some change is occurring. Another significant air pollution source is deliberately lit forest fires.

A key issue is enforcement of existing laws. Closer regional co-operation is also needed.

There is a brief mention of regional air pollution or 'transboundary haze pollution' in Item 42 of the Melbourne Declaration.

In a somewhat woolly statement, the ASEAN leaders look forward to exploring cooperation in addressing transboundary haze pollution, including the establishment and operationalisation of the ASEAN Coordinating Centre for Transboundary Haze Pollution Control (ACCTHPC).

While ASEAN leaders kick the issue down the road and hold hands in Melbourne, people in South East Asia choke through another smog-filled day.

ASEAN Melbourne Statement

NASA Fire Information for Resource Management System

March 2024

The content of this publication is intended to provide a general overview on matters which may be of interest. It is not intended to be comprehensive. It does not constitute advice in relation to particular circumstances nor does it constitute the provision of legal services, legal advice or financial product advice.

Historical Flaws in Malaysia's Torrens System?

October 24, 2023 Edward Dever

There are plenty of issues in Australia with poorly completed strata residential apartments. Owners are left saddled with huge defect repair bills after the developer has been liquidated or otherwise managed to avoid liability.

But imagine losing access to your apartment because the developer retained ownership of the common property and subsequently sold it to a third party.

That is the case in Malaysia with the saga of Sea Park Apartments where, due to the laws at the time, the developer was able to separately strata title six blocks of apartments while retaining ownership of the common area land, including the car parks and essential services such as sewerage and fire hydrants.

Crucial building plans which may have assisted apartment owners in their court battle mysteriously disappeared from the local Council and the Land Office.

The Sea Park Apartments saga has gone on for almost 20 years. In hindsight, the strata owners probably should have closed the transaction at the time the developer offered to sell the common areas to them in order to make the best of a bad situation. However, as the strata owners always thought they collectively owned the common areas (and only received their freehold titles a few years prior to the offer), one could understand any reluctance. Apparently, the main issue was the vehicle to be used for common property ownership.

For residents who live there, some for over 40 years, there seems no end in sight for this dispute.

The Apartments With No Entrance

October 2023

Shadowy Chinese Firms That Own Chunks Of Cambodia

October 1, 2023 Edward Dever

Interesting BBC piece on exploitation of Cambodia's resources. The only thing that seems to have changed over the past 30 years is the nationality of those doing the exploiting.

In the mid to late 1990s, French and Malaysian investors attempted, often successfully, to take advantage of Cambodian government officials.

Almost 30 years later, it is Chinese investors although they now deal with a far more sophisticated government apparatus as indicated by the increasing wealth disparity between Cambodian government and business figures and the rest of the population.

Looking back at the land speculation deals dressed up as rice farming projects and the favourable airport concession arrangements, one ultimately unsuccessful deal stands out.

In late 1996 and early 1997, there was a grand plan to erect a sound and light show at Angkor Wat. This proposal would have seen management of the temple complex outsourced to a Malaysian conglomerate which would have had full authority over the area. Cambodians were to be excluded from their own temple other than on particular religious holidays. The Malaysian group was to have total control over the content of the sound and light show and would be entitled to make modifications to the temple complex as they erected their equipment and built fencing.

Equally concerning was the plan to build hotels right up to the front of Angkor Wat, a detrimental step that was unlikely to have ever been reversed.

The contract was a particularly one-sided affair with the Cambodians effectively ceding sovereignty over Angkor to a foreign corporation.

The deal reached an impasse and, in the second half of 1997, an economic tsunami hit Asia. A number of Asian economies fell like dominoes commencing with Thailand. Malaysia enacted currency and capital controls, effectively walling itself off from the rest of Asia.

The economic crisis severely impacted the Malaysian conglomerate and it went home to try to revive its finances. Its grand plans for Angkor Wat came to nothing. The economic crisis had saved what would arguably have been Angkor Wat's destruction.

Today, as tourists return post-Covid to gaze at the wonder of Angkor Wat, they should say a quick thank you to one of the silver linings of the Asian Economic Crisis.

The shadowy Chinese firms that own chunks of Cambodia

October 2023