The Institution of Geospatial and Remote Sensing Malaysia (IGRSM) has applied to the High Court of Malaya for a judicial review of recent amendments to surveying laws and regulations.
The IGRSM, representing the interests of its members and geomatics professionals impacted adversely by these amendments, seeks to address concerns over the Amending Act and Amending Regulation that could significantly impact the geomatics industry.
The concerns stem from a debate in Parliament, Dewan Rakyat sitting on March 25, 2024, and Dewan Negara on April 4, 2024, where issues were raised about the ambiguity of “survey-accurate techniques.” Despite assurances that further specifications would be provided, the subsequent Amending Regulations failed to clarify these ambiguities
Geomatics is the science and technology of collecting, analysing and using geographic information. It combines tools such as remote sensing, GPS and GIS with knowledge from fields such as mathematics, physics and artificial intelligence. Geomatics is used in mapping, construction, agriculture, environmental monitoring, disaster planning and more, making it essential for managing resources and tracking changes in our world.
Key points of the judicial review application include
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Challenging vague definitions: The application questions the use of broad, undefined terms such as “geomatics survey” and “survey-accurate technique” in the new regulations. These ambiguities could lead to confusion and potential overreach in enforcement. With the amendments, it can now be an offence for persons who carry out the various types of geomatics surveys.
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Inadequate consultation: The applicant argues that the consultation process was flawed as a large number of stakeholders were not consulted. In a town hall meeting to discuss the changes, the draft regulations were not shared beforehand nor during the meeting with the stakeholders.
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Request for stay order: The applicant has requested for a stay on the implementation of both the Amending Act and Amending Regulation. They argue that without this stay, many geomatics practitioners will be impacted negatively, and some forced to cease operations and could potentially face criminal charges if they continue to operate.
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Concerns over impact: The application highlights worries that these amendments could severely affect existing geomatics professionals, potentially threatening their livelihoods without clear justification or safeguards.
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Legal basis: The applicant believes there are strong legal grounds for this judicial review, in particular that several constitutional protections such as the right to life, right to equal treatment before the law and right to property have been violated.
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The IGRSM has requested the High Court to grant leave to consider this application for judicial review. The leave stage is a filtering stage where the High Court need only determine that the applicant has an arguable case. If granted, it could lead to a more thorough examination of the amendments and the potential striking-down of the key provisions in the amendments.
The applicant and other stakeholders in the geomatics industry are hoping for a fair review of their concerns, and a resolution that ensures clarity and fairness in the geomatics laws and regulations.
The hearing for the leave and stay application has been fixed at the Kuala Lumpur High Court on March 13, 2025.
