BATU ARANG INCINERATOR: Hearing of Leave Application Adjourned to Dec 9
KUALA LUMPUR – The High Court of Malaya in Kuala Lumpur today adjourned the hearing of the application for leave to commence judicial review challenging the Department of Environment’s (DOE) approval of the Environmental Impact Assessment (EIA) report for the proposed Batu Arang incinerator to December 9, 2026.
The adjournment followed a request by the Attorney General’s Chambers (AGC), represented by SFC Mohd Isa Muhammad, who informed the court that he required more time to review the cause papers.
The hearing was presided over by High Court Judge S. Indra Nehru.
The application was filed by four applicants: Abdul Hanan Abd Mokti, representing Persatuan Kesedaran dan Pendidikan 3R Kuala Lumpur (Persatuan 3R KL); Ng Si Jian, a Bandar Seri Coalfields resident whose two young children attend a school about 3km from the proposed site; Lai Wai Meng, a third-generation Batu Arang resident living about 500 metres from the proposed site; and the Consumers’ Association of Penang (CAP), represented by its honorary secretary, Mageswari Sangaralingam.
Also present at the proceedings was Fais Azmir, adviser of Persatuan Kelestarian dan Warisan Alam Batu Arang.
Persatuan 3R KL works alongside Jaringan Rawang Tolak Insinerator (JRTI), a citizens’ alliance that has been actively opposing the proposed incinerator.
The applicants are represented by lawyers Jessica Binwani, Lalith Kumar, and Kireshmaa Nair.
The four respondents named in the judicial review are the Director General of Environmental Quality, KDEB Waste Management Sdn Bhd, YTL Power Generation Sdn Bhd and Majlis Perbandaran Selayang (MPS).
The application challenges the DOE’s approval of the sixth EIA report for the proposed Sultan Idris Shah Green Energy Plant (SISGEP) incinerator on Lot 3847, Mukim Rawang, Gombak. The EIA Report was approved some-time in mid-July 2026.
Among the key grounds of the challenge is that the second to sixth EIA reports were not made available for public review and comment. The applicants argue that this deprived the public of the opportunity to examine and raise objections to significant changes and additional information contained in the subsequent reports.
They have also raised concerns over the lack of transparency surrounding the approval, including the DOE’s failure to notify objectors, its duty to give reasons for the said approval and its failure to respond to requests for the approval letter, the approval conditions and the related Environmental Management Plan.
Other concerns raised in the application include potential environmental and public health impacts, geological hazards associated with the former Batu Arang coal mining area, and threats to the Gombak-Hulu Langat National Geopark, including its ongoing efforts to secure UNESCO Global Geopark status. The applicants also highlighted the potential risks to surrounding communities.
Among the reliefs sought are an order to quash the DOE’s approval of the sixth EIA report, a stay of the approval pending the disposal of the judicial review, and declarations that the approval was unlawful and invalid.
– Media statement by Jaringan Rawang Tolak Insinerator (JRTI) (2 November 2026)
What the case is about:
https://consumer.org.my/…/261102-Media-Guide-Smmry_Batu…