How To Use Act 645 To Kill Jelutong Landfill Redevelopment And Protect Middlebank

The Middle Bank seagrass meadows in the Penang Strait possess "outstanding and exceptional significance" under the generic definition of heritage in Section 2 of the National Heritage Act 2005. Despite being presently ungazetted, they meet the criteria for National Heritage due to their unique ecological, economic, and cultural value. [1, 2]

## 1. Exceptional Biological Diversity (The "Outstanding" Nature)

Research from the Penang Institute and CEMACS USM identifies Middle Bank as a globally significant biodiversity hotspot with over 429 recorded species. [3]

* Seven Seagrass Species: It is the largest intertidal seagrass meadow in the northern Peninsular, hosting species like Enhalus acoroides and Halophila ovalis.

* Endangered Inhabitants: It serves as a sanctuary for sea turtles, dolphins, and the critically endangered horseshoe crab.

* Fisheries Backbone: It acts as a nursery for 139 commercial fish species and invertebrates like flower crabs and prawns, directly sustaining the state’s food security. [4, 5, 6]

## 2. Environmental Heritage & Climate Resilience

The meadows provide vital "ecosystem services" that align with the Act's purpose of preserving natural heritage: [2]

* Carbon Sequestration: Seagrass meadows are "blue carbon" sinks, storing carbon up to 40 times more effectively than terrestrial forests.

* Coastal Defense: The 125-acre sandbank acts as a natural buffer, protecting George Town’s eastern shoreline from coastal erosion and choppy seas. [7]

## 3. Cultural & Artisanal Heritage

Middle Bank is a site of surviving artisanal fishing traditions. Local communities have foraged for clams, seaweed, and bait on these sandflats for generations, representing a living "cultural heritage" as defined under Part I of Act 645. [1, 8]

## 4. The Present Threat: Jelutong Landfill & Reclamation [9]

While the Penang State Government aims to rehabilitate the 40-year-old Jelutong Landfill, the proposed 70-acre coastal reclamation component poses severe risks: [10, 11, 12]

* EIA Rejections: As of May 2026, the Department of Environment (DOE) has rejected the project’s Environmental Impact Assessment (EIA) for the fifth consecutive time, citing potential harm to the Middle Bank ecosystem.

* Irreversible Damage: Scientists warn that sedimentation, altered currents, and habitat destruction from reclamation could lead to the permanent loss of this "ecological marine Eden." [13, 14, 15]

Legal Resolution: Under the purposive reading of the National Heritage Act as mandated by Section 17A of the Interpretation Acts 1948 and 1967 (Act 388), Middle Bank is already "Heritage" by its generic meaning. The Federal Government’s "police powers" (Part XIV) and the Commissioner’s duty to preserve (Section 6) are active now to prevent damage, regardless of whether the state has officially "adopted" it through gazettal yet.

NGOs should draft a formal submission to the Commissioner of Heritage arguing that the five EIA rejections provide sufficient evidence to trigger an Interim Protection Order (Section 33)!

[1] [https://www.instagram.com](https://www.instagram.com/reel/DP4-FsrgdTe/)
[2] [https://www.facebook.com](https://www.facebook.com/groups/1498905597085509/posts/2644343372541720/)
[3] [https://protect-middle-bank.pages.dev](https://protect-middle-bank.pages.dev/ecosystem)
[4] [https://protect-middle-bank.pages.dev](https://protect-middle-bank.pages.dev/ecosystem)
[5] [https://www.instagram.com](https://www.instagram.com/reel/DP4-FsrgdTe/)
[6] [https://www.thestar.com.my](https://www.thestar.com.my/news/nation/2025/03/28/penang-reclamation-project-to-protect-middle-bank-marine-sanctuary-says-chief-minister)
[7] [https://m.aliran.com](https://m.aliran.com/civil-society-voices/despite-assurances-reclamation-threatens-middle-bank-marine-sanctuary-in-penang)
[8] [https://www.facebook.com](https://www.facebook.com/groups/1498905597085509/posts/3518924761750239/)
[9] [https://www.thestar.com.my](https://www.thestar.com.my/news/nation/2026/05/08/jelutong-landfill-rehab-project-still-under-review-says-state-exco-rep)
[10] [https://cj.my](https://cj.my/153706/jelutong-reclamation-threatens-coastal-heritage/)
[11] [https://www.nst.com.my](https://www.nst.com.my/news/regional/2025/10/1305404/jelutong-waste-disposal-site-close-nov-30-rehabilitation-works)
[12] [https://theedgemalaysia.com](https://theedgemalaysia.com/node/750283)
[13] [https://www.nst.com.my](https://www.nst.com.my/news/regional/2026/05/1435074/future-rm1b-jelutong-landfill-project-limbo-after-5th-eia-rejection)
[14] [https://www.thevibes.com](https://www.thevibes.com/articles/news/122752/doe-rejects-eia-for-jelutong-landfill-development-again)
[15] [https://m.malaysiakini.com](https://m.malaysiakini.com/news/737898)