Laws cannot stop cross-border haze without regional cooperation, says ministry

KUALA LUMPUR, 13 OCTOBER 2026 —

KUALA LUMPUR, Oct 13 — The Natural Resources and Environmental Sustainability (NRES) Ministry said on Tuesday that any legislation aimed at curbing trans‑boundary haze must be judged on its effectiveness, enforceability, evidentiary burden, diplomatic impact and compatibility with existing laws, warning that laws alone cannot stop cross‑border haze without regional cooperation.

In its response, NRES noted that it had examined the merits of proposed haze legislation on several occasions. “The effectiveness of any legislation depends not only on the existence of legal provisions but also on the ability to obtain evidence, conduct investigations and enforce the law against parties located outside Malaysia's jurisdiction,” the ministry said.

The ministry added that proving the origin of trans‑boundary haze in a neighbouring country would demand “sufficient supporting evidence, including location maps, coordinates, land ownership details and information on parties operating at the fire sites.” It cautioned that such information could raise “issues of confidentiality, security and the sovereignty of the country where the haze originated.”

Despite the challenges of cross‑border enforcement, the ministry affirmed that the Environmental Quality Act will remain the cornerstone of Malaysia’s domestic enforcement against open burning and pollution. It also said bilateral mechanisms for fire monitoring and firefighting will continue to be strengthened, describing these mechanisms as “close cooperation in fire monitoring and firefighting efforts to reduce the severity of transboundary haze, while also exploring long‑term collaboration to address the pollution.”

At the regional level, NRES said Malaysia will keep using the ASEAN Agreement on Transboundary Haze Pollution (AATHP) platform and will deepen cooperation under the agreement to achieve ASEAN’s aspiration of a haze‑free region by 2030. The ministry warned that the challenges associated with trans‑boundary haze are becoming “increasingly complex due to the interaction of various factors,” and stressed that scientific evidence is essential for policy development and informed decision‑making.

“This will enable the formulation of more targeted and effective prevention, preparedness and response measures,” it said.

The ministry referenced the 2026 haze episode in Serian, Sarawak, noting that the government takes the experience “seriously” and will use the findings to reassess and improve the implementation of existing mechanisms. It said Malaysia will raise these matters at upcoming meetings concerning the implementation of the AATHP.

“Transboundary haze pollution cannot be resolved through legislation alone and requires a more comprehensive approach,” the ministry said. It called for “strengthening the enforcement of domestic laws to curb open burning in every ASEAN member state, enhancing information‑sharing and enforcement cooperation between countries, while ensuring that commitments under the AATHP are fully and seriously implemented.”

The ministry’s reply was prompted by a question from Khoo Poay Tiong (PH‑Kota Melaka), who asked whether the government intends to review the need to enact a Transboundary Haze Act and a Clear Air Act following the emergency declared in Serian, Sarawak last month because of haze.

NRES answered that any legislative move would be subject to the comprehensive assessment outlined above, and that the focus remains on regional cooperation, scientific analysis and the reinforcement of existing legal and bilateral frameworks.

Related: Khoo Poay Tiong · Kuala Lumpur