Singapore's Response to Land Reclamation Works in Johor Straits

Mr Ang Wei Neng asked the Minister for Foreign Affairs whether Singapore has engaged Malaysia on the conduct of an Environmental Impact Assessment in respect of Johor's intention to build a massive man-made island near to the Tuas Second Link.

Mdm Speaker, Singapore is very concerned about the potential transboundary impact on Singapore from reclamation projects in Malaysia that are in close proximity to Singapore. Countries are obliged under the UN Convention on the Law of the Sea (UNCLOS), and general international law, not to cause harm or permit activities within their jurisdiction to cause transboundary harm to their neighbours.

In the present case, this would include Malaysia not permitting reclamation activities of this scale and nature to take place so close to the international boundary with Singapore without first conducting an Environmental Impact Assessment (EIA). Where such

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assessments indicate that any damage may be of a transboundary nature affecting Singapore, Malaysia has a duty to consult Singapore. If damage to our environment has been caused or is imminent, Malaysia has a duty to immediately notify Singapore. Countries are also obligated to work closely on such matters and to share any relevant information with each other. Apart from the UNCLOS and general international law, under the 2005 Reclamation Case Settlement Agreement between Singapore and Malaysia, both Singapore and Malaysia are obliged to monitor our respective environments in the Straits of Johor, share information and address any adverse impacts, if necessary.

There are two reclamation projects in question. The first is by Country Garden Holdings Co Ltd and Kumpulan Prasarana Rakyat Johor in the western Straits of Johor, also known as Forest City; and the second is by Guangzhou R&F Properties Co Ltd in the vicinity of Johor's old Customs, Immigration and Quarantine Complex by the Causeway, also known as R&F Princess Cove. Singapore was not given prior information on these reclamation projects.

In this regard, we have, on a number of occasions, registered our concerns with Malaysia regarding these projects. We have requested for all relevant information on all their reclamation and construction works, including the EIA reports and projected timelines for their completion, for our further study and consideration. These were conveyed through letters from NEA to its Malaysian counterpart and through third party notes, which are formal diplomatic correspondence between governments. Prime Minister Lee Hsien Loong spoke and wrote to Prime Minister Najib Razak on this matter. Minister for National Development Mr Khaw Boon Wan also wrote to his co-chair of the Malaysia-Singapore Joint Ministerial Committee for Iskandar Malaysia, Minister in the Malaysian Prime Minister's Office Dato' Seri Abdul Wahid Omar, to express Singapore's concerns. Our concerns have also been expressed to other Malaysian ministerial colleagues. This issue was also discussed at the Malaysia-Singapore Joint Committee on the Environment Working Group meeting in Malaysia in May 2014.

In our communications with Malaysia, we have conveyed our concerns that the reclamation projects could lead to an increase in the current velocity in the Straits of Johor. In turn, this could affect safety of navigation in the Straits, as well as increased erosion to the seabed and foreshore defences that support the infrastructure for the Second Link and Singapore's shoreline. The reclamation projects could also result in changes in the morphology and water quality in the Straits of Johor which directly affect Singapore's coastal and marine environment, as well as fish farms and other facilities in the East and West Johor Straits.

Because of these potential transboundary impacts on Singapore, we have requested Malaysia to suspend reclamation works until Singapore had received and studied all the

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relevant information.

On 30 June 2014, Malaysia responded with some preliminary general information on the proposed reclamation projects for Forest City and R&F Princess Cove. Malaysia promised to share all other information, including the EIAs, once their relevant internal processes are completed. Malaysia has stated that no reclamation works are currently being undertaken on these projects, and that it remains committed to fulfilling its obligations under international law and will take all necessary measures to avoid any adverse transboundary impact. We welcome Malaysia's cooperation on this matter and look forward to receiving the rest of the information we requested as soon as possible. We are also seeking further clarifications on some of the information that Malaysia provided. In the meantime, we will study the information provided and conduct the necessary studies to ascertain how this project will impact Singapore.

Mdm Speaker, in the spirit of bilateral cooperation between our two countries, we remain committed to working together with Malaysia to address our concerns over the possible transboundary impacts of Malaysia's reclamation projects. In this regard, we have proposed to hold consultations with Malaysia so that both sides can further discuss and exchange information on these projects.

Mdm Speaker, I would like to thank the Senior Minister of State for the reply. I would like to ask the Senior Minister of State two supplementary questions.

First of all, what is Singapore's course of action in the event that there is a disagreement, after reviewing the Environmental Impact Assessment studies and they decide to go ahead? Do we go to the International Court of Justice (ICJ)? Do we go to the International Court of Arbitration?

Secondly, is there any change in terms of the boundary lines after they have done their reclamation? And the part that they are reclaiming now, what would their boundary lines be like and how far is our boundary line from this particular development?

I thank the Member for the supplementary questions. I think it is too premature to talk about any development at this stage and we must not to be hypothetical about it. We must let consultations and information exchange go forward, and to study them first before we hypothesise what we will do or what they will do, and what can happen in the future.

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On the second question, the boundary lines between any countries have already been fixed. Unless there are disputes, they have to be settled. Between Singapore and Malaysia, it is very much settled. Whatever reclamation each country does, does not change the boundary lines between the two countries.

Madam, I thank the Senior Minister of State for the reply. I have the following supplementary questions.

I understand that the length of the Second Link Bridge over the water is about 1,920 metres, and presumably half of the length is under Singapore's jurisdiction. With the massive land reclamation in Johor, what would be the nearest point of the reclaimed land to Singapore? Will it pose any border security issues?

The second question is: does the Singapore Government have any more plan to further reclaim land at the Straits of Johor?

The third question is: how could we use the lesson learned from the previous land reclamation dispute between Singapore and Malaysia in 2003 to resolve the current issues of the reclamation land near the Second Link?

As I had mentioned to Dr Lim Wee Kiak, the boundaries between our two countries do not change, whatever reclamation works are done by one country or another. While I am not sure how much is the distance from the proposed reclaimed land to Singapore, I will wait for the information to be more apparent, when it is given to us.

On the second question, whether there is any more reclamation land by ourselves, I am not aware of this. I think the right authority would answer this, if a Parliamentary Question (PQ) is submitted. On whether the agreement on the 2003 dispute is used, indeed, it sets a precedent for both countries to work together and to consult each other on any reclamation work that each other does in the Straits of Johor, whether in the east or west of the Straits.

Mdm Speaker, may I seek clarification as to whether there is a frequency and a timeline for consultations to take place?

The consultation generally takes place yearly. But it does not prevent us from asking for clarification and to have meetings if it is urgently needed.

Mdm Speaker, many of my residents are very disappointed with Malaysia's reclamation work in the Johor Straits. I would like to ask the

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Senior Minister of State: is it possible to urge Singaporeans not to buy any project at this Forest City project?

I think we have to separate the issues around legalities between what we have to settle and the commercial exposure that residents have to make on their own, bearing in mind what they will bear in future or not. I think that is not the Government's mandate to tell them. The people must be open-minded and must know what they are into and understand the situation as it develops.