QUOTE(dunsuntutmybuntut @ Feb 21 2010, 01:22 PM)
The commercial lots, there won't be much difference with the 2005 guideline or regulations imposed by KPKT (kementerian perumahan dan kerajaan tempatan, i'll post the PBT guideline tonight), but once it becomes policy, the enforcement may become more stringent and widespread. Those who previously were not approached by PBT, will be approached. Leniency might be a thing of the past. Still, since no move out order was mentioned, i am relieved. Previously Jabatan Perancang Bandar & Desa was minimally involved, but not they may play a vital role... this being based on the Land Code whereby for state matters, they can issue orders whether an area can or cannot be developed for
swiftlet activities.
Some contents of the guideline are contradictory. Distance from residential areas (the 0.5km & 150m), usage of audio. A ratio of 1 out of every 5 lots are allowed for
swiftlet activities. Standalones on agri land MUST be converted to Building.
WHAT ISN'T mentioned... the existing lots that clearly 'violate' the proposed guideline. We must be wary of this since in the end, a policy will depend on its implementation and since the executors are mostly the PBT... they can and will enforce the powers allocated.
Lets follow the cabinet response closely.
Dunsun,
I doubt the cabinet can make any sense of this draft in the current state of readiness.
As you have mentioned, there are quite a few contradictions.
If this guideline in the state we now have at hand, gets approved then we know Cabinet fellas just 'bantai' approve only.
It's madness, this whole draft is piecemeal with inputs from diff authors and badly put together w/o rational.
I am struggling to build an alternative & found myself handicapped by not owning a shophse BH to provide insights into their peculiar situation in regards to section 6.
I am GIVING UP to try for a complete alternative but instead a partial comments only.
Yes, there is no outright statement that says shophouse BH is not allowed.
The conditions laid are impossible to comply with so 'SECARA HALUS' shophouse is not allowed or suffer endless harrassment until you give up.
Added on February 21, 2010, 4:44 pmMy effort thus far, I AM NOT going for an alternative as I find that every other statement require clarification from the author on the basis and justification.
Edible Bird Nest Guidelines
(Draft)
1 Latar Belakang
1.1 – 1.5 – no comments
Addendum
1.6 With the initial observation of the swiftlet’s preference for old shophouses along the coast. Further developments of man made swiftlet habitat for the collection of edible bird nest has been concentrated among coastal shophouses which then spilled over to abandoned shophouses. It was initially viewed positively as a means of utilizing (recycling) these properties for an alternative economic activity. With time foot traffic increases which saw the reopening of these once abandoned shophouses which signaled the start of the resident complaints of smell, noise & fear of avian influenza, be it real or unsubstantiated perception.2 Objectif
Amendment (just my suggestion, if the agencies can get their Objectif clear, then everything else will fall into place)
2.1)To Facilitate the growth to 100,000 birdhouses producing 500 tonnes of edible bird nest annually worth RM5billion by year 2020.
(source - http://www.bernama.com/bernama/v5/newsfeat....php?id=461591)
2.2)To ensure achievement of objective 1 is accompanied by a 85% reduction in public complaints in regards to smell, noise and fear of avian borne diseases by 2012.
(note#2 Each agencies will plan out their annual action points through to 2020 with the SMART methodology. Additional funding if required is clearly stated with justification and how achievement is to be measured. )
2.3)To ensure that the commercialization of Aerodramus Fuciphagus does not impact negatively the vulnerability of the wild cave populations, also in tandem pro active action to wind down cave harvesting with Govt funded bird house for the original harvestors by 2012.
2.4)To intiate and commission research in conjunction with other institutions, industry players and residential associations to either dispel, disprove, overcome or mitigate as the case may be. the issues of smell, noise and fear of disease by 2011. Results of said research to be freely available to the general public.
Each objective may be taken wholly or shared by all concerned enforcement and licensing entities with different weightages as per the expertise and influence of the specific entities. The overall accountability for success of the above objectives lies with the lead entity.
(Note #1 The existing objective is way off the the published objective of the DPM. 3 PERUNDANGAN
– no comments
4 PEMAKAIAN
4.1 Garis panduan ini terpakai untuk spesis Aerodramus fuciphagus ( Edible -
nest
Swiftlet ) dan Aerodramus maxima ( Black - nest
Swiftlet ) dan
merangkumi seluruh Semenanjung Malaysia . Garis panduan in! adalah•
tertaktuk kepada pindaan dari masa ke masa
(Note#3 Need feedback from readers, I have no idea what this is.)5 KEPERLUAN LESEN
5.1 Pengusaha yang ingin menjalankan peru'sahaan sarang burung perlu
mendapatkan lesen - lesen daripada agensii kerajaan berikut;
Jenis Lesen AgensiB~rtanggun~awab
(i)Lesen Premis Pihak Berkuasa Tempatan
(ii)Lesen Perniagaan Pihak Be'rkuasa Tempatan(iii)Lesen Mengambil Sarang Jabatan PERHILITAN
(iv)Lest?n Perniagaan Hidupan Liar Jabatan PERHILITAN
(v)Lesen Import I Eksport H I Liar Jabatan PERHILITAN
(Note#4 There is no trading nor exchange of cash in the premises why the requirement?)6 KEPERLUAN. I SYARAT PERMOHONAN' LESEN . PIHAK BERKUASA
TEMPATAN.
6.1 Status Tanah ;:
i. Hendaklah dikategorikan sebagai bangunan perniagaan
ii. Bagi bangunan ' free standing I di atas tanah pertanian , syarat nyata tanah ditukar kepada kategori bangunan perniagaan.
(note#5 How does it help in the achievement of the objectives. Further clarification required on basis and justification). 6.2 Jarak Bangunan
i. Mempunyai jarak 150 m daripada mana - mana bangunan kediaman berdekatan.
ii. Hendaklah tidak kurang dari 0.5 km. daripada kawasan perumahan dan bangunan komersial.
(note#6 This is a very damaging catch all requirement. This will render all shophouse BH units not compliant. Further clarification required).This post has been edited by Cergau: Feb 21 2010, 04:44 PM