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UDM 712

URBAN MANAGEMENT AND GOVERNANCE

DEVELOPMENTAL ROLE OF LOCAL AUTHORITY IN PLANNING,


MANAGING AND CREATING LIVABLE URBAN ENVIRONMENT

8th JULY 2013

PREPARED BY:
ANWAR BIN SURAN
2012977513

CHECKED BY:
ASSOC. PROF. AHMAD FUZI BIN ARSHAD

UDM 771: MSC IN URBAN DEVELOPMENT AND MANAGEMENT


UNIVERSITI TEKNOLOGI MARA – SHAH ALAM
8th July 2013 Developmental Role of Local Authority in Planning, Managing & Creating Livable Urban Environment

Abstract
Since independence, the role of the Local Authority has undergone various
transformations in the current process of the country's rapid development. Starting as
an institution that plays a key role in the implementation of the law, maintain order and
as key government tax collectors, its role has evolved into a dynamic agency
coordination and thus act as a catalyst, the main planner and implementer of
economic progress and development in the district .

Keywords: Urban Governance, Local Authority, Urban Development

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8th July 2013 Developmental Role of Local Authority in Planning, Managing & Creating Livable Urban Environment

Preface

We would like to start with a word of thanks for the people who have made it possible to write
this assignment. Firstly we would like to thank Assoc. Prof. Ahmad Fuzi Arshad for getting me in
touch with useful contacts and giving me suggestions and advices during the writing-process.
I’m also would like to say thanks to my entire friend that have teach me during writing this
assignment.

Anwar Bin Suran

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8th July 2013 Developmental Role of Local Authority in Planning, Managing & Creating Livable Urban Environment

Table of Contents Page

Abstract 1
Preface 2

1.0 Introduction 4

2.0 Local Authority 4


2.1 What is Local Authority? 4
2.2 What is Basic Legal of Local Authority? 5
2.3 What are the Roles and Functions of Local Authority? 6
2.4 The History of Local Authority in Malaysia 9

3.0 Urban Planning, Development and Management 10


3.1 What is Urban Planning? 10
3.2 What are Urban Development and Management? 11

4.0 Livable Urban Environment 13


4.1 What is Livable Urban Environment? 13
4.2 What are the Criteria of Livable Urban Environment? 13

5.0 What is Developmental Role of Local Authority in Planning, Managing and


Creating Liveable Urban Environment? 15
5.1 How Action that use by Local Authority in Planning and Managing the
Urban Environment? 15
5.2 What is the Role of Local Authority in Creating Livable Urban Environment? 19

6.0 Conclusion 21

List of References 22

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1.0 Introduction

Maintaining the best interest of a community is much easier if there's a decision-making


body to oversee all town/city hall operations and all of the municipal services that benefit
residents. As with Congress and state legislatures, local governing bodies such as city
councils or town boards are made up of representatives elected by the people. But
nowadays, the physical conditions of the 70% city over the world are facing the problem
which is discomfort to live (UN-Habitat, 2013). Problems such as urban sprawl, traffic
congestion, crime, urban decay, air and water pollution, and also low maintenance
infrastructures is the leading cause of the city cannot be long time sustain without good
management system by the local authority. Therefore, at the end of this paper will be
explain the developmental role of Local Authority in planning, managing and creating
liveble urban environment.

2.0 Local Authority

2.1 What is Local Authority?

A local authority or local government is and administrative arm of government


which governs a small area such as a town such as Kuantan, Kuala Lumpur,
Kuching, Kuala Lipis and so on (Norris, 1980). Local governments act within
powers delegated to it by legislation or directives of the higher level of
government. The powers of a local authority may differ from one town to another
because their laws are tailored to suit the nature of its particular need. In
Malaysia, there have three types of Local Authority or Local Government which
are; City Hall (example;Kuala Lumpur City Hall), City Council (example; Kuantan
Municipal Council) and District Council (example; Rompin District Council).

2.1.1 What is the difference between District/Municipal Council with the


Local Authority?

City Hall is the Municipal Council upgraded the city after gather the criteria
among the total population of at least 500,000 people and annual
revenues of local authorities should be more than RM100 million.

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Council focused on the city (urban) as compared with the District Council
and has a population and result in excess District Council. Criteria for
Municipal Council is the total population of more than 150,000 people and
annual revenue of more than RM20 million

District Council focused on rural (rural-based). A criterion for District


Council is a population less than 150,000 and annual revenues of less
than 20 million.

2.1.2 How Many Local Authorities in Malaysia Right Now?

Total of local authorities are 149 (including City Hall), the 12 Hall / City
Council (DB / MB), 39 Municipal Council (MP) and District Council 98
(MD). Last is the Putatan District Council and District Council Pitas,
Sabah. There are also some other body authorized by the respective
State Government to perform the functions of local authorities such as:
PBT Kulim Hi-Tech, Putrajaya Corporation and others.

2.2 What is Basic Legal of Local Authority?

The legal basis for local government (Local Authority) as provided in Item 4 of
List II of the Ninth Schedule of the Federal Constitution as a matter under the
jurisdiction of the State Government has exclusive rights over the local
government.

National Council for Local Government serves as the body that formulates
national policies in local government. There are some laws that apply at the level
of local authorities such as the Local Government Act 1976 (Act 171), Town and
Country Planning Act 1976 (Act 172) and the Street, Drainage and Building Act
1974 (Act 133). There are also laws such as the Law of the Uniform Building Act
1984, the Street, Drainage and Building Act 1974 (Act 133) and Planning Control
Rules (General) provided under Act 172.

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Local Authorities Council position also can be categorized as ‘advisers’ that


functional to give advice in consulting, responsible decision making, allow and
directing staff to do their duty. The Council has a Mayor or called as Yang
Dipertua Majlis as a head/ president followed by the Secretary in the
organizational hierarchy. Council members consist of professionals and officials
from the administration. The Council will work on the committee system such as
finance committee, licensing, planning, traffic and landscape.

2.3 What are the Roles and Functions of Local Authority?

2.3.1 Under Local Government Act 1976 (Act 171)

Local authorities as defined in the Local Government Act 1976 (Act 171),
means the City Council, Municipal/District Council, as the case may be
and the Federal Territory of Kuala Lumpur means the mayor appointed
under Section 3 of the Act Federal Capital of 1960.

The local authority is a body that was established by legislation. The


activities are confined to the powers and duties provided for in the law. If
they act contrary to law, the act is ultravires (beyond the power), and the
court can stop him. This principle is fundamental to the status of local
government functions.

Local Government Act 1976 sets out many activities that can be carried
out by local authorities. This includes mandatory functions and also based
on a superintendent's discretion. However, local authorities can receive
additional functionality by providing law about it. There are four types of
functions commonly performed by a local authority that:

i. Protection - the control of public health and safety. This includes


the protection of individuals from a variety of dangers that can be
associated with public health property, or cleaning services

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ii. Public (communal) - the function of which is beneficial to all. These


include the environment that the creation of a balanced ecological
conditions such as optimal land use planning and creating good
landscape conditions and recreational areas that provide social
facilities sufficient to enable residents to undertake recreational
activities

iii. Individual - the function which involves the provision of services


aid directly to individuals such as welfare

iv. Trade - that involve activities of revenue to local authorities and


the local economy accelerate. Notwithstanding this, however,
depreciated quite limited and only authority really incapable of
energy and daring venture into finance.

2.3.2 Under the Town and Country Planning Act 1976 (Act 172)

Legal requirements of the local authority is under section 5 (1) of Act 172.
Here, the local authority, the authority established under the Local
Government Act 1976 (Act 171), shall be the local authority under Act
172. This means that local authorities other than performing traditional
tasks, local authorities should be the local authority and responsibility for
planning and developing the area in the context of national development.

The Act also provides that for any area that does not become part of any
area of the local authority, the State Director of Town and Country
Planning Department shall be the local authority for the area.

The main task is to be responsible for the development and use of land in
the area. The duties of the local authority are:

i. To regulate, control and plan the development and use of all land
and buildings in the area;

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ii. To undertake, assist and encourage the collection, maintenance


and publication of statistics, bulletins, monographs and other
relating to town and country planning and methodology, and
iii. To perform such other duties as are entrusted to him from time to
time by the State or by the State Planning Committee.

172 of this Act, a local planning authorities have an important role and
responsibility to plan and drive towards developing the area under their
jurisdiction.

As planning agencies, local planning authorities should formulate a


comprehensive strategy and program for the country to achieve a high
quality of life while enjoying the socio-economic status on par with
developed countries. Programs conducted shall be based on the
development of the role of the state, regional and national levels such as:

i. Translating socio-economic goals in spatial and physical form


ii. Translating policy plan for the physical development
iii. Highlighting imperative in the planning of environmental quality
iv. Giving priority commensurate to the needs of municipal facilities
v. Working towards the development of science and technology
based sophistication.

Thus, the role of the local authority to see the increase in the need to
adjust in order to function as a local authority is not only a 'facilitator' to
development should even be able to fulfill the aspirations and demands of
the population. Role should be carrying out by the local authority,
including:

i. Preparation of a development plan in accordance with the task to


regulate, control and planning of land and buildings in the area;
ii. Data collection to support the ability to prepare development plans
and decision making in planning control based on accurate
information;

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iii. The planning application process based on the fundamentals of


sound judgment, and
iv. Planning infrastructure or public services based on actual and
projected needs of its way to optimize the use of land.

2.4 The History of Local Authority in Malaysia

The government system in Malaysia was a legacy of British colonisation, with


many of its laws derived from and modelled on English laws. However, with the
passing of times, many local unique social and cultural characteristics have
influenced the working system of local governments in Malaysia.

The concept of local government covers a fairly wide field. Someone is going to
need the services of local government throughout its life. In general, local
government units are entrusted with the task of monitoring public health,
collecting revenue and do engineering work such as repair of roads and drains.
Reorganization of local government in Malaysia is an effort made to strengthen
the structure and organization of all local authorities in the country.

The factors that prompted the government to restructure the local authorities in
Malaysia which are:

i. Administrative negligence among local authorities


ii. Inefficient state administration practices among local authorities
iii. The occurrence of many cases of irregularities in local government
iv. Necessary due to changes in the priorities of local government system,
especially in an effort to increase revenue and enhance the functioning of
the local authority which has somewhat limited
v. There are political motives that prompted the government to restructure
the institution.

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3.0 Urban Planning, Development and Management

3.1 What is Urban Planning?

Urban planning (urban, city, and town planning) is a technical and political
process concerned with the control of the use of land and design of the urban
environment, including transportation networks, to guide and ensure the orderly
development of settlements and communities (Wise Geek, 2013). It concerns
itself with research and analysis, strategic thinking, architecture, urban design,
public consultation, policy recommendations, implementation and management.

3.1.1 What is Urban Planning Do?

i. Studying Infrastructure
As urban sprawl continues to trouble communities, planners often
find themselves working to alleviate traffic problems by dealing
with issues from road placement to installation and expansion of
public transportation. They must also make decisions and
recommendations on the placement of sewer and water pipes, as
well as look at other sorts of social infrastructure from schools to
airports to libraries. They may then prepare information for
decision makers on the capacity of a given area to handle a new
influx of residents.

ii. Protecting the Environment


Environmental issues have become increasingly contentious, and
urban planners often must work to draw up plans and make
recommendations for cities and localities that allow them to
balance the need to preserve natural areas against the potential
economic costs of limiting development. Questions an urban
planner may deal with can include whether to allow the clearing of
a given forest, what is the best location for a garbage dump or
whether a given type of development may create too much
pollution.

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iii. Influencing Zoning


Zoning is often a contentious issue that affects the pocketbooks of
businesses, the property values of residents and the overall quality
of life in the city. How much land is designated for use by business
and how much is left for homes or communal uses such as parks
is often a problem urban planners must take on. Planners also
work to ensure a good balance of businesses that are appropriate
for a given area.

iv. Nurturing Community Development


Urban planners sometimes deal with issues related to community
redevelopment, historic preservation and even community
activism. Deciding the particular direction in which a
neighbourhood needs to move or working with others on an
economic development plan for a given area can be a part of an
urban planner's regular duties.

3.2 What are Urban Development and Management?

Large cities, towns and even small neighbourhoods do not spring up overnight.
They are the result of careful planning by civil and design engineers, project
managers, architects, environmental planners and surveyors. The integration of
these disciplines is known as urban development.

Urban development is a system of residential expansion that creates cities (e-


How, accessed 2013). Residential areas are the primary focus of urban
development. Urban development occurs by expansion into unpopulated areas
and/or the renovation of decaying regions.

According to Merriam Dictionary Online (accessed 2013), management is act of


getting people together to accomplish desired goals and objectives. The
management involves planning, organising, staffing, leading or directing and
controlling an organization.

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3.2.1 Why We Need Urban Development And Management?

i. Alternatives to Urban Sprawl


Tighter controls on land development can result in a better quality
of life. Locations become more accessible by foot, which can
reduce vehicle use and the subsequent carbon dioxide emissions
associated with them. An area's industrial economics can improve,
resulting in increased job safety, better wages and more working
opportunities. Surviving green space can be put to use for the
benefit of the environment, and local wildlife can be saved. The
affordability of housing becomes more realistic because there will
be a wider range of properties and prices instead of faceless and
ever-expanding clusters of housing.

ii. Urban Growth Boundaries


Urban growth boundaries are a form of development control that
minimizes urban sprawl by providing open space requirements
that benefit the local population and regional wildlife. Commonly
known as greenbelt land in many European countries, urban
growth boundaries have already been adopted successfully in
Oregon and have improved the standard of living in established
areas through regeneration projects. Parks and nature reserves
thrive when urban growth boundaries are implemented.

iii. Infrastructure Extension Controls


Government can introduce infrastructure expansion controls that
can be rewarded with financial incentives and these can be used
to improve existing dwellings, community buildings and local
services. As well as minimizing the amount of urban sprawl
created, infrastructure expansion controls allow local authorities to
maximize the potential of existing developments through
regeneration schemes and local investment.

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4.0 Livable Urban Environment

4.1 What is Livable Urban Environment?

According to Santamouris (2006) stated that, liveable or liveability is the sum of the
factors that add up to a community’s quality of life-including the built and natural
environments, economic prosperity, social stability and equity, educational
opportunity, and cultural, entertainment and recreation possibilities.

Referring to Daly (2008) stated that, an urban environment is the environment of


a city; usually characterized by many buildings in a limited amount of space, with
a high per capita per square mile. Most of the living spaces, working spaces,
shopping areas, educational facilities, services, etc. are grouped in close
proximity to each other. It is usually characterized by limited open areas (green
spaces) in specifically planned areas or places that have been abandoned
because of the higher value of real estate in urban areas. An urban area is often
plagued by lack of space for parking vehicles (both personal and commercial)
and a higher cost for leasing space for regular parking of vehicles because that
also requires use of expensive real estate.

Therefore, livable urban environment is the high quality of life in term of economic
prosperity, social stability and equity, educational opportunity, cultural
entertainment, and recreational possibility within the city.

4.2 What are the Criteria of Livable Urban Environment?

According to Beatley (2000) stated that, there have 10 criteria that need to carry
out about Liveable Urban Environment which are:

i. Design on a Human Scale


Compact, pedestrian-friendly communities allow residents to walk to
shops, services, cultural resources, and jobs and can reduce traffic
congestion and benefit people’s health.

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ii. Provide Choices


People want variety in housing, shopping, recreation, transportation, and
employment. Variety creates lively neighborhoods and accommodates
residents in different stages of their lives.

iii. Encourage Mixed-Use Development


Integrating different land uses and varied building types creates vibrant,
pedestrian friendly, diverse communities.

iv. Preserve Urban Centers


Restoring, revitalizing, and infilling urban centers take advantage of
existing streets, services, and buildings and avoid the need for new
infrastructure. This helps to curb sprawl and promote stability for city
neighborhoods.

v. Vary Transportation Options


Giving people the option of walking, biking, and using public transit, in
addition to driving, reduces traffic congestion, protects the environment,
and encourages physical activity.

vi. Build Vibrant Public Spaces


Citizens need welcoming, well-defined public places to stimulate face-to-
face interaction, collectively celebrate and mourn, encourage civic
participation, admire public art, and gather for public events.

vii. Create a Neighborhood Identity


A “sense of place” gives neighborhoods a unique character, enhances the
walking environment, and creates pride in the community.

viii. Protect Environmental Resources


A well-designed balance of nature and development preserves natural
systems, protects waterways from pollution, reduces air pollution, and
protects property values.

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ix. Conserve Landscapes


Open space, farms, and wildlife habitat are essential for environmental,
recreational, and cultural reasons.

x. Design Matters
Design excellence is the foundation of successful and healthy
communities.

5.0 What is Developmental Role of Local Authority in Planning, Managing and


Creating Livable Urban Environment?

5.1 How Action that use by Local Authority in Planning and Managing the
Urban Environment?

Local Authority has their power in order to plan and manage the city in achieving
livable Urban Environment. There are 4 techniques based on Town and Country
Planning (172) Act which are:

5.1.1 Preparation of Development Plan

The other duties of the local authority are directed from time to time in the
administration by the State or the State Planning Committee. One of them
is the responsibility of local plans as provided under Part III of the Act 172.
Act 172 provides the power of local plans and special area plans (RKK)
are provided by the local authority. Local plan is a complete document
containing a map and a complete written statement stating the proposals
local planning authorities to develop and use the land in the local plan.

Although the preparation of development plans (structure plans and local


plans) submitted to the State Director of Town and Country Planning
Department and the local authority, however in terms of implementation is
currently being completed by the Department of Town and Country
Planning Peninsular Malaysia. Town and Country Planning Department of

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Peninsular Malaysia help the State Director of Town and Country


Planning Department and the local authority in coordinating and preparing
development plans throughout peninsular Malaysia.

RKK are provided by the local authority or the State Director of Town and
Country Planning Department on its own after being ordered by the State
Planning Committee to propose a special area designation for special
treatment of detail with respect to the way forward, reconstruct, improve,
preserve or express a management practices and the type of treatment to
be proposed for the area. The RKK can be provided at any time, during
the preparation or the commencement of a structure plan or local plan.
Act 172 provides that the processes and procedures of the preparation of
this RKK must be provided as well as the enforcement processes and
procedures such as a local plan.

5.1.2 Planning Control

Part IV of the Act 172 contains the provisions of the regulation to enforce
the actual planning. Section 18 of Act 172; for example, prohibit a use of
land or buildings except in accordance with the local plan. Section 19
prohibits with certain exceptions for development initiated, pursued or
carried out without planning permission. As local authorities are the local
authority to grant planning permission authorities for a project, then all of
the applications to develop land and erecting buildings must apply for
planning permission to the local authority [sub-section 21 (1)].

If a proposed development is located within an area for which there is no


structure plan or local plan, local planning authorities are required to notify
the owners of land adjacent to land application to assert their right to the
application [subsection 21 (6)]. An applicant who is aggrieved by any
decision of the local authority in respect of an application for planning
permission or appeal may appeal to the Appeal Board (Section 23).

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Section 25 empowered to the local authority, if in its idea it is in the public


interest, order revoked or modified any planning permission or approval of
a building plan granted under this Act or any other law on Local
Government earlier. It also gives power to demolish any buildings affected
by the order and for the payment of the costs of demolition and
compensation.

Section 30 gives power to the local authority with approval of the State to
require a land use is stopped, impose conditions for continued use of
land, or to require buildings or changed jobs. Any owner of land affected
by the exercise of the power shall be entitled to compensation and to
appeal to the Appeal Board against the forces of the journey and on the
amount of compensation offered by the local authority.

Section 31 empowers the Authority Officer to execute any notice served


on the local authority if the person subject to the notice did not comply
with the requirements of the notice.

5.1.3 The Enforcement

Sections 26 to 30 and section 35A to 35H are concerned with


enforcement action by the local authority of any convictions for offenses
under this Act, which includes commit an unauthorized development,
carry out development without planning permission, contrary to the
conditions be undergoing development conditions of the planning
permission, as well as violation of tree preservation orders. If convicted, a
person could be fined up to a maximum RM50000000 or two years
imprisonment or both, subject to the types of offenses committed under
this Act.

Therefore, this shows that, Act 172 provides full power to the local
authority to implement control and preventive measures against the
development of land in this country. Policies that form the basis of these
provisions is the extent to which in fact may not be contrary to the

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principles of planning. The powers given to the local authority to be


claimed and issued an order requiring the land are restored in its original
condition.

5.1.4 Special Development Area

Part VIII enable local planning authorities to develop their own special
area in accordance with the local plan. Section 38 provides that if a local
plan has been received for an action area, the local authority may declare
the area or any part as a development area. Therefore it is the duty of the
local authority to purchase all the land in the area and develop the area in
the local plan.

Section 41 provides that the local authority to employ agents, enter into
arrangements with any person, company or body or set up a body for the
purpose of developing an area of progress. The local authority with the
approval of the Chief Minister to set up a corporation to exercise control or
management of a project to develop an area declared as a special area.
Through the powers conferred under this section, a local authority can
implement their development projects.

Section 43 gives power to the local authority to sell, rent, or otherwise any
land or property that has developed in the area of progress. This is where
real role should be played by the local authority as an agent of
development land. However, this role is not played by many of the local
authority at present. Neglecting of sections 41 and 38 is actually a loss to
the local authority itself, because often these projects will increase the
value of the land involved in the development, thus helping to increase the
income of the local authority.

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5.2 What is the Role of Local Authority in Creating Livable Urban Environment?

5.2.1 Encouraging Green Building Initiatives

With the real estate sector growing at a rapid pace in developing countries
like Malaysia, adopting green approaches to planning, designing and
operating buildings and developments to accommodate growing
populations that will help promote resource efficiency will play a crucial
role. Green building principles encompass all aspects of sustainable
development and enable cities to understand and control their small- and
large-scale impacts on land use, water, energy, air quality, material
resources and human health.

Green buildings offer substantial environmental benefits, such as “lower


pollution from reduced energy use, reduced water consumption and
wastewater output, reduced solid waste creation, cleaner outdoor air
reduced ‘heat island’ effects, and improved health of building.” Promoting
green building also enhances the health, safety, and welfare of a
municipality’s citizens and in turn can increase citizen satisfaction.

5.2.2 Infrastructure Expansion Control

Local Authority can introduce infrastructure expansion controls that can be


rewarded with financial incentives and these can be used to improve
existing dwellings, community buildings and local services. As well as
minimizing the amount of urban sprawl created, infrastructure expansion
controls allow local authorities to maximize the potential of existing
developments through regeneration schemes and local investment.

5.2.3 Endorsing the New Urbanism

Urban decay is when an urban area falls into disorder and disrepair, and
is usually accompanied by growing levels of unemployment, poverty,
crime and political marginalization such like at Ipoh Old Town. New

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urbanism is a concerted effort by Local Authority to restore the idea of


creating places and communities. In order Local Authority to promote the
principles of new urbanism, towns are designed with important factors in
mind. Amenities that can be reached without the use of transport,
architectural design, connectivity and sustainability are all key issues local
authorities and the inhabitants themselves adopt.

5.2.4 Promoting Renewable Energy and Energy Efficiency

Malaysia cities have begun to realize the importance of renewable energy


sources and energy efficient technologies as an effective and sustainable
solution to the social and environmental problems resulting from the
consumption of fossil fuels. Local Authority is using a mix of policy
instruments-legal, fiscal and financial, persuasive and demonstration
projects to promoting energy efficiency and renewable energy in their
respective communities.

5.2.5 Recycling Initiatives by Local Authority

The rapid pace of urbanization and changing lifestyles increases the


consumption of products that have shorter life spans and higher volumes
(paper, plastics, and the like). These products, as well as changes in food
choices, are adding to the volume of waste burdening municipal
authorities. The popular concept of “waste reduction, re-use and recycle”,
often referred to as “3R”, becomes important in this context.

This concept calls for an overall reduction in resources and energy used,
increase in the ratio of recyclable materials and further reuse of raw
materials and manufacturing wastes. Local authority can influence
recycling through various policies which include landfill bans, mandates,
incentives, and disincentives, subsidies, deposit laws, advance disposal
fees, packaging policies, producer responsibility laws, low‐interest loans,
grants and tax breaks or through government campaigns and awareness
generation programmes that encourage eco-friendly consumption habits.

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6.0 Conclusion

In the nutshell, it is bestowed that the local authority truly is important in giving out best
services of planning and managing to create sustainable and liveable urban
environment. Through the provision of acts and statutes, the local authority can perform
their obligation in developing their area more efficiently. All the residents are needed to
help local authority in their work and must also become law abiding residents.

Development of an area is not easy and it is tedious but this condition can be overcome
if good governance of local authority is carried out. In the end, all must know as local
authority is the third tier of government and is the closes to the residents, their duties
being carried out will become much more efficient by the hands on approach and site
visits done will reflect whether their efforts all this while has paid off.

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