GEORGE TOWN: The Penang government has held the developer and landowner of a condominium and road project responsible for the fatal landslide that killed a 73-year-old doctor.
Chief Minister Chow Kon Yeow warned of possible legal consequences, saying the landslide occurred on the developer's land and that the parties were responsible for site safety and mitigation measures.
"The landowner and developer must take responsibility for the effects of the landslide, including legal implications, approval-related matters and mitigation works to restore site safety," he said when met at the scene.
The Penang Island City Council (MBPP) has issued an immediate stop-work order and given the developer seven days to submit a mitigation plan to secure the site and prevent further soil movement, he added.
The state government had received reports from MBPP and the Penang Town and Country Planning Department, as well as a draft incident report from the council's engineering department.
"The final report is expected within one or two days," he said.
Chow said preliminary findings indicated that slope stabilisation works had begun, but the landslide occurred in an area where the work had yet to be carried out.
He said several days of rain could have caused surface runoff to seep into the soil, increasing the load on the unstabilised slope and triggering the landslide.
However, the authorities would await the full report before establishing the circumstances of the incident, he added.
On possible legal action, Chow said affected parties were entitled to pursue legal remedies against those responsible.
"This country does not prohibit any party affected by an act of commission or omission from taking appropriate legal action," he said, adding that police were at the scene.
The state government and MBPP would also provide assistance, including legal support where necessary, to the victim's family, he added.
Chow expressed condolences to the family of Dr Wong Kar Lin, who died in the incident, and said the authorities would continue to work with them on the necessary follow-up measures.
Residents of neighbouring homes affected by the landslide would only be allowed to return after the relevant disaster management authorities had assessed the site, particularly the slope's stability, said Chow.
Addressing concerns over the project's approval history and residents' earlier objections, he said the hillside development had a planning approval history dating back to 1996, with changes in land ownership, developers and development guidelines over the years.
He said the latest developer obtained approval in 2023 after fulfilling technical requirements, including those relating to environmental impact, traffic and social impact, and following the outcome of appeal proceedings.
"The local authority does not grant approvals arbitrarily, but in accordance with the Town and Country Planning Act and the relevant technical requirements.
"In this case, all requirements have been met, with the project approval having followed all the necessary processes," he said.
Chow said the original approval covered townhouses and a 16-storey block.
The site had since undergone various changes, including proceedings before the Appeals Board, which rejected an appeal against the project.
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