HJ ZAINIE ABDUL AUCASA (on behalf of The Sabah Wetland Conservation Society) vs YABI YANGKAT (Director of Sabah Environment Protection Department)
The case involves Laser Plus Design Sdn Bhd proposing a condominium development in Kota Kinabalu, Sabah. The developer sought approval from the Kota Kinabalu City Hall, which required an Environment Impact Assessment (EIA) approval, although the project did not meet the criteria for mandatory EIA submission under specified regulations. Despite this, an EIA report was approved under a different provision. The Sabah Wetlands Conservation Society’s president, Datuk Haji Zainie Abdul Aucasa, challenged this decision through judicial review, arguing denial of procedural fairness and seeking appeal rights. The court ruled that the decision not to allow an appeal was lawful, as the project did not fall under appealable categories defined in the law. The court dismissed the application, finding no legal error in the decision-making process.