A Comparative Legal Analysis of the Malaysian Environmental Quality Act 1974 and Pakistan Environmental Protection Act 1997

Abstract

Environmental degradation and climate change are urgent and growing challenges that demand immediate attention for developing countries like Pakistan and Malaysia facing distinct yet interconnected issues due to rapid urbanization, industrialization, and population growth. In Pakistan, the Pakistan Environmental Protection Act (PEPA) 1997 provides a solid and well-established legal framework through the establishment of the Environmental Protection Agency, Environmental Tribunals, and mandatory Environmental Impact Assessments (EIAs). However, weak enforcement, limited institutional capacity, and industrial pressures have hindered its effective implementation. Malaysia, on the other hand, benefits from the Environmental Quality Act (EQA) 1974, enforced by the Department of Environment, which combines strict regulatory measures, including higher fines and mandatory imprisonment, with comprehensive pollution control frameworks. This study examines the environmental laws, enforcement mechanisms, and policy responses in both countries, highlighting successes, gaps, and areas for improvement The study also explores sector-specific initiatives, including climate change adaptation, waste and wastewater management, green construction practices, and Extended Producer Responsibility for plastics. Furthermore, Malaysia’s Integration of Ethical Principles like Sadd al-Dhara’i’ aligned with Maqasid Shariah illustrates how precautionary approaches can guide sustainable development. Overall, while both nations have robust legal frameworks, Malaysia demonstrates stronger enforcement and institutional coordination, whereas Pakistan faces significant challenges in translating laws into practice. Strengthening enforcement, building institutional capacity, and promoting public engagement are essential steps toward sustainable development and environmental protection in both contexts.