The Penang government has appealed the Supreme Court’s refusal to allow it to conduct a judicial review to restore the Penang South Reclamation (PSR) project.
In his notice of appeal, State Legal Adviser Norazmi Mohd Nawawi said he was not satisfied with the decision of Judge Wan Ahmad Farid Wan Salleh of Aug. 29. The state government said the judge erred in law by refusing to grant more time to allow him to begin the investigation process.
They added that the central government – named as the respondent – showed no objection to the request for leave and extension of time. The state government has named the Department of Environment (DoE) and fisherman Zakaria Ismail as defendants in the complaint.
The Penang government wants the court to reverse the decision of the DoE Court of Appeal on September 8 last year withdrawing approval for the project. This court has decided to sentence Zakaria and his fellow fishermen because it will affect their lives.
The state government’s petition for permission said the court’s decision was invalid because it was made on “incorrect basis of facts”. The PSR project, covering 17 km², will involve the development of three islands built in the offshore waters of Permatang Damar Laut, near Bayan Lepas.
It was proposed as a funding module for the RM46 billion Penang Transport Master Plan (PTMP). In March last year, the state government announced that the SRS consortium would reclaim one of the three proposed islands.
The SRS Consortium has agreed to pay RM3.8 billion to regain half of Island A in a 30/70 deal with the state-owned company, which already owns a majority.
