INTERNATIONAL JOURNAL OF RESEARCH AND INNOVATION IN SOCIAL SCIENCE (IJRISS)

ISSN No. 2454-6186 | DOI: 10.47772/IJRISS | Volume IX Issue XI November 2025

In the Realm of Biomass Energy Projects in East Malaysia:

Navigating Land Tenure Challenges for Sustainable Solution

¹Annly Michelle Tommy, ¹Jessy Leslie Ungon, ¹Hanna Chieng Leh Tiing, ²Hanafi Haron, ¹*Mohd Haris

Abdul Rani

¹Faculty of Law, Universiti Teknologi MARA, Malaysia

²Center of Innovation and Technology Transfer, Universiti Kebangsaan Malaysia, Malaysia

*Corresponding Author

DOI: https://dx.doi.org/10.47772/IJRISS.2025.91100376

Received: 24 November 2025; Accepted: 30 November 2025; Published: 11 December 2025

ABSTRACT

The realm of biomass energy projects in East Malaysia presents a promising avenue for sustainable energy

solutions. However, navigating the intricate landscape of land tenure poses significant challenges to the

successful implementation of such projects. This research paper examines the importance of biomass energy,

the legal and regulatory framework governing the land tenure in East Malaysia, shedding light on pertinent

policies, laws, and customary practices that influence land access and ownership rights. Drawing upon case

studies, this research paper illustrates real-world examples of land tenure challenges encountered in biomass

energy projects across East Malaysia. It discusses issues such as conflicting land claims, inadequate land-use

planning, tenure insecurity, and socio-economic disparities, which often hinder project development and

community engagement. Hence, through a comprehensive legal analysis and examination of conflict resolution

strategies, this paper aims to provide insights in promoting sustainable and socially responsible biomass energy

development in East Malaysia. To conclude, the abstract underscores the significance of addressing land tenure

issues in the realm of biomass energy projects in East Malaysia to ensure their sustainability and positive impact

on the environment, economy and society.

Keywords: Biomass Energy Projects; East Malaysia; Sustainable Energy Solutions; Regulatory Framework;

Sustainability

INTRODUCTION

Biomass energy is crucial in Malaysia due to its rich natural resources and increasing energy demand. The

country is well-positioned to capitalise on biomass energy, leveraging abundant agricultural residues and forestry

wastes for power generation. Projects utilising biomass energy provide a sustainable and renewable energy

source, lowering greenhouse gas emissions and slowing down global warming.

In East Malaysia, environmental law principles guide biomass energy projects to ensure sustainable

development. The polluter pays principle holds accountable those causing environmental harm, while the

principle of prevention encourages the adoption of best practices to prevent damage (OECD, 1972). The public

participation principle emphasises collective action and involvement in the decision-making processes, ensuring

that local communities and stakeholders are taken into account. Sustainable development principle promotes a

holistic approach to environmental management, contributing to sustainable development. Furthermore, the

principle emphasising the priority of remedying environmental damage at its source highlights the need for

proactive and effective measures to address the primary causes rather than merely treating symptoms.

The development of biomass energy projects in East Malaysia has faced challenges, including land tenure issues

and conflicts. These challenges are crucial to address for sustainable implementation. The recognition of justice

and environmental justice implications is essential for ensuring the sustainability of these projects. The legal

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ISSN No. 2454-6186 | DOI: 10.47772/IJRISS | Volume IX Issue XI November 2025

framework for land use in Malaysia is complex and contradictory, hindering the successful implementation of

biomass energy projects. To promote sustainable biomass energy solutions, it is crucial to prioritise the

protection of vulnerable populations and recognize their rights and identities.

Land tenure conflicts related to oil palm expansion have been a hot topic. The existing legal framework favours

plantation companies over affected communities. The lack of clear explanations regarding the ‘derasah’ payment

(payment to the local community, which means the purchase of the people’s land) enables conflicting

interpretations, which plantation companies use to their advantage. These principles emphasise the importance

of using biomass resources in a sustainable manner, minimising environmental impacts.

Henry Shue's concept of fundamental rights is in line with the principle of recognition of justice in the context

of biomass energy projects in East Malaysia, especially when it comes to land tenure issues Payne, M. (2008).4

Shue emphasises the protection of the most vulnerable communities, ensuring their fundamental rights and

livelihoods are not put at risk by any development projects. This approach is in line with recognition of justice,

which demands for acknowledging and respecting the rights and identities of these vulnerable communities, and

addressing historical and ongoing injustices they face. By prioritising the protection of these communities,

Shue’s concept provides a framework for developing sustainable biomass energy solutions that are fair and

equitable.

Malaysia's recent progress with biomass energy projects is extremely encouraging. However, a number of

obstacles stand in the way of realising this potential, the most significant of which is the intricate web of land

tenure laws and customs. The major obstacles to the development of biomass energy projects in East Malaysia

include unclear and inconsistent land tenure policies, land acquisition for biomass energy projects, competing

land use interests, indigenous land rights, and environmental conservation concerns (SpringerLink, 2022).

This research investigate land tenure issues and conflicts associated with biomass energy projects in East

Malaysia, analyse their impacts, and propose mitigation strategies. The objectives are to identify and characterise

land tenure issues, examine their implications on biomass energy initiatives, and analyse the socio-economic and

environmental impacts of unresolved land tenure issues on local communities and ecosystems.

LITERATURE REVIEW

Conflicting Land Use Interests

In the context of biomass energy projects in East Malaysia, one of the main problems is the competing land use

interests between parties for control over shared land resources. The forestry industry, which is important for the

environment and economy, frequently clashes with biomass initiatives that need access to comparable resources

like forest biomass and wood waste. The energy production industry competes with other land uses because it

requires large land expenses for the collecting and processing of biomass, which comes from forestry and

agriculture. The industry's goal is to use organic waste materials.

Conservation efforts, which focus on preserving unique ecosystems and protecting endangered species, can also

overlap with biomass projects, creating conflicts between environmental preservation and renewable energy

development. Additionally, agriculture, particularly oil palm cultivation, is a major land user, and biomass

projects can compete with agricultural land, especially when agricultural residues are used as feedstock for

energy production. Effective governance, clear land policies, and sustainable environmental management are

crucial to address these challenges and ensure that biomass energy projects are implemented in a way that

balances economic, social, and environmental considerations.

A relevant case study that highlights the conflicting land use interests is the Palm Oil Biomass Project in Sabah.

The project aimed to reduce agricultural waste and promote renewable energy by turning palm oil residues into

bioenergy. Although, it faced significant challenges due to competing land use interests from the forestry,

conservation, and agricultural sectors (Hokkaido Electric Power Co., Inc., 2005). The project required substantial

land for biomass processing, which conflicted with forested areas designated for logging and conservation, as

well as with agricultural lands heavily utilised for palm oil cultivation. Conservationists raised concerns about

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potential habitat destruction and biodiversity loss, while the forestry sector and agricultural activities,

particularly oil palm cultivation, competed for similar land resources. Effective governance and planning were

crucial to address these conflicts and ensure the project's success.

There is a relevant international case study that highlights similar conflicting land use interests in the context of

biomass energy projects; the Corn Stover Biomass Project in Iowa, USA (Glassner et al., 1998). This project

aimed to convert corn stover, the leftover stalks, leaves, and cobs after corn harvest, into bioenergy. It aligned

with the goals of promoting renewable energy and reducing agricultural waste. However, it encountered

significant challenges due to the competing land use interests of the agriculture, conservation, and energy

production sectors.

The Corn Stover Biomass Project in Iowa faced significant land use conflicts involving the agricultural sector,

energy production, and conservation efforts. Farmers were worried that excessive removal of corn stover for

bioenergy would reduce soil quality, moisture retention, and long-term agricultural productivity. The project

required extensive land for collection and processing facilities, competing with land that could be used for

agriculture or conservation. Conservationists worried that large-scale stover removal could harm soil health,

disrupt ecosystems, reduce wildlife habitats, and decrease soil fertility. Ensuring sustainable harvesting practices

was essential to mitigate these environmental risks and balance the competing interests.

Lack of Clear Land Tenure Policies and Regulations

The obstacles faced by biomass energy projects may be made worse by unclear land tenure legislation and

regulations. It may be challenging for indigenous groups to take part in projects or get just compensation if they

do not have official title to their land. Conflicts over land ownership and usage rights result from the complicated

and even conflicting legal structure governing land tenure.

In East Malaysia, the land tenure system is characterised by a mix of customary land rights, statutory land rights,

and leasehold systems. Customary land, also known as Native Customary Rights (NCR) land, is particularly

significant as it is traditionally owned and managed by indigenous communities based on ancestral and cultural

practices. NCR land is often not formally documented, leading to legal ambiguities and difficulties in land

transactions (Forest Research Institute Malaysia , 2008).

Private companies and government agencies, on the other hand, typically operate under statutory land rights,

which are formally recognized and documented. The leasehold system, where the government leases land to

private entities for specific periods and purposes, adds another layer of complexity. These different systems can

overlap, leading to conflicts over land ownership and usage rights. This can result in project delays,

environmental damage, and negative impacts on nearby communities (Sze, 2019).

The Bakun Dam project in Sarawak serves as a notable example of the complexities and conflicts arising from

land tenure issues in East Malaysia. Although not a biomass project, it highlights the broader challenges of land

governance in the region, which are equally applicable to biomass energy initiatives. The Bakun Dam, one of

Southeast Asia's largest hydroelectric projects, involved the resettlement of thousands of indigenous people from

their NCR land (International Rivers, 2012; Sovacool et al., 2011).

The Bakun Dam project in Sarawak illustrates key issues related to land tenure conflicts in East Malaysia (Lee,

2014). Affected communities felt that the compensation offered was insufficient and failed to adequately reflect

the value of their land and the disruption to their lives. Additionally, many indigenous groups claimed they were

not properly consulted or involved in the decision-making process. Legal ambiguities further complicated

matters, as the courts had to navigate complex and often contradictory laws regarding Native Customary Rights

(NCR) land, resulting in protracted legal battles (Sagong Tasi & Ors v Kerajaan Negeri Selangor & Ors [2002]

2 MLJ 591). This case underscores the urgent need for clear, enforceable policies and robust governance

frameworks to manage land tenure issues effectively, ensuring fair compensation, adequate consultation, and

legal clarity for all stakeholders.

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Indigenous Land Rights

In East Malaysia, indigenous land rights represent yet another major obstacle. Deeply rooted in their ancestral

lands, the Indigenous people of East Malaysia regularly face development initiatives without the communities'

full consent or proper recompense. Land rights, cultural heritage, and socioeconomic well-being are among the

ethical and legal issues that are brought up by the exploitation of indigenous territories for the production of

biomass energy. For both project developers and politicians, striking a balance between the objectives of

sustainable development and the interests of indigenous populations is a major problem.

For both project developers and politicians, striking a balance between the objectives of sustainable development

and the interests of indigenous populations is a major problem (Sze, 2019). For example, developers may proceed

with land acquisition and project execution in the context of biomass energy projects, without sufficiently

consulting the indigenous inhabitants (United Nations, 2007). Their rights are not only being violated by this

exclusion, but their traditional knowledge and experience with sustainable land management is also being

disregarded. Therefore, it is morally necessary to ensure that indigenous viewpoints are acknowledged and

valued throughout the whole planning and implementation process for development (International Work Group

for Indigenous Affairs, 2020).

A notable legal case highlighting these issues is the landmark decision in Sagong Tasi & Ors v. Kerajaan Negeri

Selangor & Ors [2002] 2 MLJ 591. This case proves that the ancestral lands of indigenous peoples cannot be

taken by force for development without following the proper procedures, consulting the people, or providing

compensation. It also set a standard for the recognition of native land rights (Mersat, 2003). This case also proves

that the ancestral lands of indigenous peoples cannot be taken by force for development without following the

proper procedures, consulting the people, or providing compensation. It also set a standard for the recognition

of native land rights (Hooker, 2005).

There have been similar controversies in East Malaysia. For example, in Sarawak's Native Customary Rights

(NCR) land issues, indigenous groups like the Iban, Bidayuh, and Orang Ulu have been fighting in court to

protect their lands against plantation and logging operations. The conflict between governmental policies that

support economic growth and the struggle of indigenous peoples to protect their culture and way of life is

frequently brought to light by these situations. The fact that court challenges frequently centre on insufficient

compensation and a lack of legitimate consultation highlights the need for adjustments that balance development

goals with the rights and interests of indigenous people.

These land conflicts have a serious negative socioeconomic impact on indigenous people, making it impossible

for them to carry out traditional activities like farming, hunting, and fishing. They also cause cultural

disintegration and increased poverty among these populations (International Work Group for Indigenous Affairs,

2020). In addition, communities that were forcibly relocated as a result of these projects typically face social

instability as they try to adapt to new environments and economic realities. This may worsen pre-existing

vulnerabilities and have long-term negative effects on their wellbeing.

A diversified strategy is needed to balance the interests of the indigenous group with the objectives of sustainable

development. The rights of indigenous people must be respected by policymakers and developers, who must

also create legislative frameworks to safeguard land rights, provide equitable compensation, and promote

mutually beneficial collaborations.22 The struggle in East Malaysia to reconcile development with indigenous

rights is reflected in the issue of indigenous land rights. Stakeholders must adhere to moral and legal principles

as biomass energy projects grow in order to safeguard indigenous territories and advance just and sustainable

development.

Environmental Conservation Concerns

Issues concerning environmental conservation play a significant role in the development of biomass energy

projects. These projects might significantly harm the environment, particularly if they're located in protected or

environmentally sensitive areas (International Energy Agency, 2012). For this reason, it is essential to ensure

that the design of biomass energy projects minimises negative environmental effects and promotes sustainable

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land use practices. The establishment of biomass energy plants in East Malaysia necessitates a sustainable

strategy that considers the intricate relationships between environmental preservation, indigenous rights, and

land tenure.

While the rapid development of biomass energy projects in Malaysia presents a great opportunity to meet

renewable energy targets, serious concerns about environmental conservation are also raised, particularly in light

of the challenges related to land tenure. Malaysia's rich biodiversity, particularly its tropical rainforests, is at risk

due to the country's extensive land requirements for the production and processing of biomass. Deforestation,

habitat destruction, and biodiversity loss are imminent risks if biomass projects are not managed properly. Given

that biomass production can result in significant carbon emissions, the benefits biomass energy aims to provide

for the climate may be compromised. Moreover, by reducing soil quality and depleting water supplies, intensive

biomass farming can exacerbate environmental degradation (Majid, 1999).

Complex land tenure concerns in Malaysia exacerbate these environmental problems. The land tenure system in

the nation is defined as a combination of land held by the government, the private sector, and indigenous people

under native customs rights (NCRs) in accordance with customary rules. The lack of formal recognition and

protection for NCR land often leads to conflicts over property ownership and usage rights. It is difficult to secure

land for biomass projects without violating the rights of indigenous communities because of this legal ambiguity.

Free, Prior, and Informed Consent (FPIC) from these communities is essential for preventing conflicts and

guaranteeing the social acceptability of biomass projects, in addition to being required by law and ethics Holland

et al., 2022).

A comprehensive approach that integrates social and environmental aspects into the development of biomass

energy is required to overcome these challenges. The demands of biomass energy, environmental preservation,

and community rights must all be balanced in comprehensive land use planning. By encouraging sustainable

agricultural practices, biomass cultivation's detrimental environmental effects can be mitigated. Policy and

regulatory changes are also necessary to define rights pertaining to land tenure and to promote sustainable land

use. Communities can be involved in the planning and implementation of biomass projects, and benefits-sharing

agreements can be put in place to ensure that these efforts support regional development while safeguarding

Malaysia's natural heritage (Rashidi et al., 2022; Malaysia Ministry of Plantation & Commodities, 2023). At

some point the resolution of land tenure concerns is essential to developing sustainable biomass energy solutions

that align with social justice and environmental conservation goals (Zamri et al., 2022).

Sustainable Energy Solutions

The quest for sustainable energy solutions in the modern era has fuelled the research and development of diverse

renewable energy sources worldwide (Piloto, 2023). Among these, biomass energy emerges as a promising

avenue, since it leverages organic materials to generate heat, electricity, and biofuels while mitigating

environmental impacts associated with fossil fuel consumption (Edmonds et al., 1996). However, achieving the

biomass energy's full potential is dependent on various socio-economic, environmental, and regulatory

considerations, notably among them, the complex landscape of land tenure (Marten, 1982).

Therefore, it is important to delve into the intersection of biomass energy projects and land tenure dynamics,

focusing on their implications for sustainable development and community welfare (Reed, 2009). By examining

the legal, regulatory, and customary frameworks governing land access and ownership rights, as well as the real-

world challenges encountered in biomass energy initiatives, it aims to offer insights and recommendations for

fostering socially responsible and environmentally sustainable development pathways. The objective is to

promote inclusive and equitable energy transition solutions as well as add to the conversation on biomass energy

governance through a multidisciplinary approach that includes policy assessment, legal analysis, and case

studies. Therefore, by shedding light on the complex interactions that arise between land tenure dynamics and

biomass energy projects, the project hopes to assist stakeholders, practitioners, and policymakers in their pursuit

of a more sustainable energy future.

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In reference to Marten (Marten, 1982, 1988, 2001), the intricate matter of land use within the framework of

planning for biomass energy, with a specific emphasis on the creation of expansive plantations of energy trees

where it highlights how important it is to have a thorough biomass energy map to help policymakers and energy

planners make decisions. The research highlights planting energy trees while taking land availability,

environmental effects, and physical compatibility into account. It focuses on connecting appropriate land to the

correct energy farm and underlines the ramifications for agricultural chemicals, human populations, and water

quality. The environmental repercussions of energy farms are also covered in the text, including how they affect

aquatic ecosystems, soil conservation, and agricultural chemicals by runoff (Ketzer, 2020). In order to illustrate

the scope and effects of energy farms for land use, the text suggests utilising diagrams. It contrasts possible

effects on different types of land and how various farming practices affect the ecosystem. In order to support

national and international energy planning, it highlights the necessity of inventories as well as summaries of the

potential energy resources found in biomass (Martinho et al., 2024; Ali et al., 2024).

A study by Sulaiman et al. (2012) explores the potential of using waste biomass for cogeneration to generate

energy in Malaysia. It highlights the environmental benefits and significance of renewable energy production,

while also discussing challenges such as financial viability, biomass fuel supply uncertainties, and lack of

government support.34 The paper highlights the need for government policies, financial backing, and capacity

building to promote sustainable biomass energy development in Malaysia. It emphasises the importance of

integrating biomass energy data into databases, networking between countries, and establishing favourable

legislation and policies for biomass energy growth. Hence, the study by Sulaiman et al. (2012) underscores the

critical need for government support, financial backing, and capacity building to promote sustainable biomass

energy development in Malaysia, emphasising the importance of integrating biomass energy data, networking,

and favourable policies for successful implementation of waste-based biomass cogeneration in the country

(Wang, 2022).

Furthermore, a study by Nor Adilla (2022) offers a thorough analysis of the present state, regulations, and

implementation difficulties of biomass energy in Malaysia. It talks about how Malaysia's energy needs are

growing and how, in light of depleting fossil fuel supplies and detrimental environmental effects, we must switch

to sustainable renewable energy sources. The review study concentrates on the potential of biomass energy and

how it might help reduce greenhouse gas emissions, specifically, it looks at biomass from oil palm.36 Successful

bioenergy frameworks in Finland, Sweden, Thailand, and Indonesia are contrasted with Malaysia's policies,

bringing to light the difficulties encountered in implementing bioenergy on a large scale, including institutional

problems, market acceptance, technical obstacles, high capital costs, and environmental effects. The paper

highlights that in order to propel the expansion of biomass energy in the nation, concerted efforts, coherent

policies, and sustainable practices are key. In order to foster the expansion of biomass energy in Malaysia, the

research by Nor Adilla (2022) highlights the necessity of concerted efforts, coherent policies, and sustainable

practices. It also addresses important issues and highlights the potential of biomass energy to successfully satisfy

energy demands and decrease greenhouse gas emissions.

Furthermore, a research by Jåstad et al. (2023) uses a model to evaluate the consequences of commercial biomass

energy on carbon emissions while discussing the effects on land use and agriculture. It notes that while biomass

energy may lead to increased land-use change emissions by expanding production, it overall reduces

anthropogenic carbon emissions. Higher biomass energy productivity correlates with lower net emissions despite

increasing land-use change emissions. The introduction of efficient and affordable biomass technologies can

significantly lower total carbon emissions, although it may incentivize deforestation due to raised land rental

rates. A study long ago has already recognized the effect of biomass energy projects will cause deforestation on

our nature.

To conclude, biomass energy projects must be approached holistically, considering land tenure dynamics,

environmental impacts, socio-economic implications, and supportive policies and technologies. By tackling

these intricate problems, biomass energy may support inclusive and equitable development routes and help create

a more sustainable energy future.

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FINDINGS AND RECOMMENDATIONS

The research reveals that biomass energy projects in East Malaysia face complex challenges due to intricate land

tenure dynamics, conflicting land use interests, significant environmental impacts, and socio-economic

implications for local communities. Successful projects hinge on inclusive and transparent governance, effective

land-use planning, and thorough environmental impact assessments. Engaging local communities and

recognizing indigenous land rights are crucial, as is ensuring fair compensation and benefit-sharing. Transparent

governance and independent monitoring, foster trust and accountability. The findings emphasise the need for

coordinated policies, supportive legislation, and further research to promote sustainable and equitable biomass

energy development (Ministry of Plantation and Commodities, 2023).

Hence, in order to guarantee that the requirements and concerns of the local community are met, biomass energy

projects must interact with them and include them in the decision-making process. In order to balance economic,

social, and environmental concerns, effective land governance and planning are essential. Environmental

sustainability requires comprehensive environmental impact assessments (EIAs) that analyse alternative energy

sources and take long-term effects into account. Ensuring social and environmental responsibility also requires

accountability and transparency in operations and decision-making processes.

In Sabah, a biomass energy project was initiated using oil palm residues. The project faced significant resistance

from indigenous communities due to fears of land appropriation and environmental degradation. Learning from

past conflicts, project developers took a different approach by actively engaging with the local communities

from the outset. They conducted numerous town hall meetings, focus group discussions, and participatory

mapping exercises to identify community concerns and expectations (World Rainforest Movement, 2004).

The project also established a community liaison office to facilitate ongoing dialogue and address grievances

promptly. This approach led to several positive outcomes: the community's traditional knowledge was integrated

into the project design, alternative sites were identified that minimised environmental impact, and a benefit-

sharing agreement was developed to ensure that the communities received a fair share of the economic benefits

(New South Wales Department of Primary Industries, 2019). The project also committed to rigorous

environmental standards, including conducting a comprehensive EIA that evaluated long-term impacts and

considered alternative energy sources (Reed, 2009). The success of this project highlights the importance of

genuine community engagement and transparent decision-making processes.

In addition, the Bakun Dam project in Sarawak involved the resettlement of over thousands of indigenous people

to the Sungai Asap resettlement area (Reuters, 2007). While not a biomass project, it offers critical lessons for

community engagement and environmental governance. The resettlement process faced substantial criticism due

to inadequate compensation, lack of proper consultation, and significant disruptions to the resettled communities'

livelihoods and cultural practices (Durin et al., 2022). The resettlement area lacked sufficient infrastructure, and

many residents struggled with new agricultural practices unsuited to their skills and the local soil conditions.

In response to these challenges, several measures were later implemented to improve the situation. These

included enhanced community participation in planning and decision-making, additional compensation

packages, and investment in local infrastructure and services. Moreover, environmental and social impact

assessments were revisited to address the shortcomings in the initial planning phase. This case underscores the

critical need for thorough EIAs that include long-term social and environmental impacts, as well as transparent

and accountable governance frameworks.

In Sarawak, a biomass energy project utilising timber waste from logging operations aimed to provide a

sustainable energy source while reducing waste. The project developers engaged extensively with local

communities and stakeholders, conducting workshops and consultations to ensure all voices were heard (Oki,

2024). They implemented a participatory land-use planning process, which helped in identifying areas suitable

for biomass production without encroaching on community lands or protected forests.

The project also established an independent monitoring committee comprising community representatives,

environmental NGOs, and government officials to ensure transparency and accountability. Regular reports on

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the project's environmental and social impacts were made publicly available, fostering trust and collaboration

among stakeholders. Additionally, the EIA conducted for the project was thorough, considering not only

immediate impacts but also long-term sustainability and alternative energy options. The project's success in

balancing economic, social, and environmental considerations demonstrates the effectiveness of inclusive and

transparent governance practices.

Moreover, the investigation into indigenous land rights in East Malaysia reveals critical findings regarding the

challenges faced by indigenous communities. Firstly, these communities often experience exclusion from

decision-making processes concerning development projects on their ancestral lands, violating the principle of

Free, Prior, and Informed Consent (FPIC) (Anderson, 2010). This exclusion undermines their traditional

knowledge and sustainable land management practices. Legal precedents like Sagong Tasi & Ors v. Kerajaan

Negeri Selangor & Ors underscore the need to recognize and protect indigenous land rights. However, ongoing

disputes in East Malaysia, such as the Native Customary Rights (NCR) land cases in Sarawak, highlight

persistent conflicts between economic development policies and indigenous rights, characterised by inadequate

compensation and insufficient consultation.

The socioeconomic impacts of these land disputes are profound, contributing to the loss of livelihoods, cultural

disintegration, and increased poverty among indigenous populations. Activities crucial to their way of life, such

as farming and fishing, become unsustainable, leading to social upheaval and long-term detriments to their well-

being. Addressing these challenges requires a multifaceted approach. Recommendations include strengthening

legal frameworks to enforce FPIC , enhancing inclusive decision-making processes that respect indigenous

voices, ensuring fair compensation reflective of cultural and economic values, promoting sustainable

development partnerships, implementing robust monitoring mechanisms, and fostering awareness and capacity-

building among all stakeholders (United Nations Permanent Forum on Indigenous Issues, 2005). These efforts

are crucial for balancing development goals with the protection of indigenous land rights, promoting equitable

outcomes, and fostering a more resilient society in East Malaysia.

These case studies highlight how crucial it is for biomass energy projects to successfully integrate community

involvement, comprehensive environmental impact evaluations, and open government. Projects can strike a

balance between economic, social, and environmental aspects by including local populations in decision-making

processes and making sure that their concerns are taken into consideration. For biomass energy projects to be

long-term sustainable and socially responsible, effective land governance and planning, together with

accountability and openness, are crucial.

CONCLUSION

Laws only work if they are consistently and fairly enforced. In the case of East Malaysia's biomass energy

projects, this can assist reduce issues related to land tenure. One may get important insights and guide policy

changes by contrasting Malaysia's energy regulations with those of other nations, such the United States and

Germany. Although the National Biomass Action Plan 2023–2030 and other current laws in Malaysia are

intended to promote the expansion of biomass energy, they are not very effective in settling land title disputes.53

The laws must be broader and address the underlying causes of the problems in order to be more successful. In

order to help policymakers and stakeholders navigate these complexities and create a more sustainable energy

future for the region, this research aims to understand the challenges associated with land tenure and identify

potential solutions that can support the growth of biomass energy in East Malaysia.

ACKNOWLEDGEMENT

This publication stems from a group project undertaken by students of the Faculty of Law, Universiti Teknologi

MARA (UiTM), and we gratefully acknowledge their collective effort, research commitment and dedication in

developing the foundational analysis that shaped this work. We also extend our appreciation to the Faculty of

Law, UiTM, for providing an enriching academic environment that fosters rigorous inquiry and meaningful

engagement with real-world industrial relations issues. Finally, we acknowledge the valuable industrial linkages

supporting this publication, particularly the contribution of A. Razak & Co. PLT and its Managing Partner, Dato’

Abd Razak, in the publication of this article.

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REFERENCES

1. Ali, F., Dawood, A., Hussain, A., Alnasir, M. H., Khan, M. A., Butt, T. M., … & Hamid, A. (2024).

Fueling the future: biomass applications for green and sustainable energy. Discover Sustainability, 5(1).

https://doi.org/10.1007/s43621-024-00309-z

2. Anderson, P. (2010). Free, prior, and informed consent in REDD+: Principles and approaches for policy

and project development. RECOFTC – The Centre for People and Forests, Bangkok, Thailand.

3. Arnstein, S. R. (1969). A ladder of citizen participation. Journal of the American Institute of Planners,

35(4), 216–224.

4. Durin, X. O., Ming, B. M. X., Karunakaran, P. P., Sin, L. L. W., Afrouzi, H. N., & Mehranzamir, K.

(2022). A comprehensive review of the environmental impacts of hydropower projects in Sarawak,

Malaysia. Future Energy, 1(3), Article 100017.

5. Edmonds, J. A., Wise, M. A., Sands, R. D., Brown, R. A., & Kheshgi, H. (1996, June). Agriculture, land

use, and commercial biomass energy (Report No. PNNL-SA-27726). Pacific Northwest National

Laboratory. https://doi.org/10.2172/245553

6. Forest Research Institute Malaysia. (2008, January 10). Biomass energy technology in Malaysia: Issues

and

challenges.

Asia

Research

News.

https://www.asiaresearchnews.com/html/article.php/aid/2662/cid/2/research/science/forest_research_in

stitute_malaysia_%28frim%29/biomass_energy_technology_in_malaysia_%E2%80%93_issues_and_c

hallenges.html

7. Glassner, D. A., Hettenhaus, J. R., & Schechinger, T. M. (1998). BioEnergy ’98: Expanding bioenergy

partnerships.

U.S.

Department

of

Agriculture.

https://www.agmrc.org/media/cms/bio98paper_CA9EFF13F9159.pdf

8. Hokkaido Electric Power Co., Inc. (2005). Utilisation of biomass at palm oil manufacturing factories in

Sabah, Malaysia. https://gec.jp/en-cdm/2005cdmfs01-16/

9. Holland, M. B., Masuda, Y. J., & Robinson, B. E. (Eds.). (2022). Land tenure security and sustainable

development. Palgrave Macmillan. https://doi.org/10.1007/978-3-030-81881-4

10. Hooker, M. B. (2005). A concise legal history of the land laws of Malaysia and Singapore. The Journal

of Malaysian and Comparative Law, 32, 22–45.

11. International Energy Agency. (2012). Bioenergy: A sustainable and reliable energy source. IEA

Bioenergy.

12. International

Rivers.

(2012,

April

20).

Bakun

Dam.

https://archive.internationalrivers.org/campaigns/bakun-dam

13. International Work Group for Indigenous Affairs. (2020). The Indigenous world 2020.

https://www.iwgia.org/en/resources/publications/362-books/3339-the-indigenous-world-2020.html

14. Jåstad, E. O., Lindberg, G., Strømman, A. H., & Skagestad, R. (2023). Modelling emission and land-use

impacts of altered forest bioenergy in the North-European heat and power sector. Applied Energy, 345,

121909. https://doi.org/10.1016/j.apenergy.2023.121909

15. Ketzer, D., Weinberger, N., Rösch, C., & Seitz, S. B. (2020). Land use conflicts between biomass and

power production: Citizens’ participation in the technology development of agrivoltaics. Journal of

Responsible Innovation, 7(2), 193–216. https://doi.org/10.1080/23299460.2019.1647085

16. Lee, W. C. (2014). Compensation valuation for the resettlement of the indigenous communities in Bakun

Hydroelectric

Dam,

Sarawak,

Malaysia

(Master’s

thesis,

Universiti

Utara

Malaysia).

https://etd.uum.edu.my/4384/1/s93837.pdf

17. Majid Cooke, F. (1999). In the name of development: Indigenous and environmental rights in Malaysia.

University of Hawai‘i Press. Honolulu.

18. Marten, G. G. (1982). Land use issues in biomass energy planning. Resources Policy, 8(1), 65–74.

https://doi.org/10.1016/0301-4207(82)90009-5

19. Marten, G. G. (1988). Land use planning for biomass energy: The creation of energy tree plantations.

East-West Environment and Policy Institute, East-West Center.

20. Marten, G. G. (2001). Human ecology: Basic concepts for sustainable development. Routledge.

https://doi.org/10.4324/9781849776028

Page 4793

www.rsisinternational.org

INTERNATIONAL JOURNAL OF RESEARCH AND INNOVATION IN SOCIAL SCIENCE (IJRISS)

ISSN No. 2454-6186 | DOI: 10.47772/IJRISS | Volume IX Issue XI November 2025

21. Martinho, V. J. P. D., Santos, D. A., Marques, R. C., Pimenta, M., Ferreira, L. M. P., & Felgueiras, C.

(2024). Bioenergy relations with agriculture, forestry and other land uses. Energy Reports. 10, 1534–

1549. https://doi.org/10.1016/j.egyr.2024.01.087

22. Mersat, N. I. (2003). Customary land rights and indigenous people’s rights in Malaysia: From colonial

land laws to modern land laws. The Journal of Legal Pluralism and Unofficial Law, 35(48), 151–162.

23. Ministry of Plantation and Commodities. (2023). National Biomass Action Plan 2023-2030. Government

of

Malaysia.

https://www.kpk.gov.my/kpk/images/mpi_biomass/27122023-

National_Biomass_Action_Plan.pdf

24. National Renewable Energy Laboratory. (1992). Environment of increased biomass utilisation: Final

report (No. TP-4633). https://www.nrel.gov/docs/legosti/old/4633.pdf

25. New South Wales Department of Primary Industries. (2019). Community engagement factsheet: Biomass

for

bioenergy.

https://www.dpi.nsw.gov.au/__data/assets/pdf_file/0016/1225240/Factsheet-

Community-Engagement-Accessible.pdf

26. Oki, N. (2024, May 8). Sarawak draws interest in biomass industry from international investors. New

Sarawak Tribune. Retrieved from https://www.newsarawaktribune.com.my/sarawak-draws-interest-in-

biomass-industry-from-international-investors/

27. Organisation for Economic Co-operation and Development. (1972). Guiding principles concerning the

international

economic

aspects

of

environmental

policies.

OECD.

https://www.oecd.org/env/1813928.pdf

28. Payne, M. (2008). Henry Shue on basic rights. Essays in Philosophy, 9(2), Article 5.

https://doi.org/10.7710/1526-0569.1203

29. Piloto, C. (2023, March 13). Defining sustainability: Clean energy solutions to achieve sustainability.

MIT

Professional

Education.

https://professionalprograms.mit.edu/blog/sustainability/defining-

sustainability/

30. Rashidi, N. A., Chai, Y. H., & Yusup, S. (2022). Biomass energy in Malaysia: Current scenario, policies,

and implementation challenges. BioEnergy Research, 15(3), 1371–1386. https://doi.org/10.1007/s12155-

022-10392-7

31. Reed, M. S., Graves, A., Dandy, N., Posthumus, H., Hubacek, K., Morris, J., Prell, C., Quinn, C. H., &

Stringer, L. C. (2009). Who’s in and why? A typology of stakeholder analysis methods for natural

resource

management.

Journal

of

Environmental

Management,

90(5),

1933-1949.

https://doi.org/10.1016/j.jenvman.2009.01.001

32. Reuters. (2007, August 9). Forest-dwellers count cost of Borneo’s Bakun dam. Reuters.

https://www.reuters.com/article/world/forest-dwellers-count-cost-of-borneo-s-bakun-dam-

idUSKLR59284/

33. Southern Environmental Law Center. (2024, March 30). The environmental impacts of biomass energy.

https://www.southernenvironment.org/topic/biomass-energy-threatens-southern-forests-and-

communities/

34. Sovacool, B. K., & Bulan, L. C. (2011). Behind an ambitious megaproject in Asia: The history and

implications of the Bakun hydroelectric dam in Borneo. Energy Policy, 39(9), 4842–4859.

https://doi.org/10.1016/j.enpol.2011.06.017.

35. Sze, J. (2019). Biomass energy projects and indigenous land rights in Malaysia. Environmental Justice,

13(2), 45–58.

36. United Nations Development Programme. (2018). Sustainable Development Goals and Indigenous

Peoples. https://www.undp.org/publications/sustainable-development-goals-indigenous-peoples

37. United Nations Permanent Forum on Indigenous Issues. (2005). Report on the Fourth Session.

(E/2005/43–E/C.19/2005/9). United Nations. https://digitallibrary.un.org/record/556637

38. United Nations. (2007). United Nations Declaration on the Rights of Indigenous Peoples.

https://www.un.org/development/desa/indigenouspeoples/declaration-on-the-rights-of-indigenous-

peoples.html

39. Wang, W. (2022). Agricultural and forestry biomass for meeting the renewable fuel standard:

Implications

for

land

use

and

GHG

emissions.

Energies,

15(23),

8796.

https://doi.org/10.3390/en15238796

Page 4794

www.rsisinternational.org

INTERNATIONAL JOURNAL OF RESEARCH AND INNOVATION IN SOCIAL SCIENCE (IJRISS)

ISSN No. 2454-6186 | DOI: 10.47772/IJRISS | Volume IX Issue XI November 2025

40. World Rainforest Movement. (2004, September 27). Malaysia: Sabah indigenous communities’ struggle

against logging and oil palm plantations. Retrieved from https://www.wrm.org.uy/bulletin-

articles/malaysia-sabah-indigenous-communities-struggle-against-logging-and-oil-palm-plantations

41. Wu, Q., Wang, W., Wang, Y., & Xu, X. (2017). Sustainable and renewable energy from biomass wastes

in palm oil industry: A case study in Malaysia. International Journal of Hydrogen Energy, 42(37), 23871–

23877. https://doi.org/10.1016/j.ijhydene.2017.03.147

42. Zamri, M. F. M. A., Milano, J., Shamsuddin, A. H., Roslan, M. E. M., Salleh, S. F., Rahman, A. A.,

Bahru, R., Fattah, I. M. R., & Mahlia, T. M. I. (2022). An overview of palm oil biomass for power

generation sector decarbonization in Malaysia: Progress, challenges, and prospects. Wiley

Interdisciplinary Reviews: Energy and Environment, 11(4), e437. https://doi.org/10.1002/wene.437

Page 4795

www.rsisinternational.org