Handbook EIA2005

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Title
Handbook on Environmental Impact Assessment in Sabah
Published by
The Environment Protection Department, Sabah Malaysia
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Edition
Second edition
Publication Contact
The Environment Protection Department
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1st-3rd Floors, Bangunan Wisma Budaya
Jalan Tunku Abdul Rahman
Locked Bag 2078
88999 Kota Kinabalu
Sabah Malaysia
Phone: 088 251290
Fax: 088 238120
E-mail: jpas@sabah.gov.my
Homepage: www.sabah.gov.my/jpas
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All rights reserved

The publication can be quoted if reference is given.
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PREFACE
This is the second edition of the Handbook on Environmental Impact Assessment in Sabah
following the passing of the Environment Protection Enactment 2002 to replace the
Conservation of Environment Enactment 1996. The Prescribed Activities Order has been
reviewed and revised accordingly to constitute two categories of prescribed activities that
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require either a proposal for mitigation measures report or an environmental impact
assessment report.
It is our primary objective to implement an environmental assessment system that will

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contribute towards environmentally sound economic development in Sabah. However,
achieving such a goal is dependent upon the efficiency and transparency in procedures
including close collaboration among relevant stakeholders and a collective commitment
towards sustainable development.
I hope this handbook provides the necessary guide to project proponents and environmental
consultants in the preparation of the relevant reports to ensure the environmental assessment
system becomes an important and effective tool for the protection and enhancement of the
environment in Sabah.
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Datuk Eric Juin

Director
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Environment Protection Department
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TABLE OF CONTENTS
1. PRELIMINARY 6
1.1 Scope of Handbook 6
1.2 Objectives of Environmental Impact Assessment 6
1.3 Benefits of Environmental Impact Assessment 7
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2. LEGAL REQUIREMENTS 7
2.1 Proposal for Mitigation Measures Report 7
2.2 Environmental Impact Assessment Report 8
2.2.1 Types of Environmental Impact Assessment (EIA) 8
Studies
2.2.2 Assessment Procedure 9
2.2.3 Public Hearing 9
3. PROPOSAL FOR MITIGATION MEASURES 12
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3.1 Project Screening
3.2 Selection of Environmental Consultants
3.3 Preparation of Scoping Note
3.4 Undertaking the Proposal for Mitigation Measures Study
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3.5 Preparation of Proposal for Mitigation Measures Report 14
3.6 Submission of Proposal for Mitigation Measures Report 14
3.6.1 Review of Report 14
3.6.2 Approval or Non-approval of Report 15
3.7 Mitigation Declaration 15
3.7.1 Preparation of Mitigation Declaration 15
3.7.2 Environmental Monitoring 16
4. ENVIRONMENTAL IMPACT ASSESSMENT 20

4.1 Project Screening 21
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4.2 Selection of Environmental Consultants 21

4.3 Preparation of Scoping Note 21
4.4 Preparation of Terms of Reference 22
4.4.2 Review 23
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4.5 Undertaking the Environmental Impact Assessment Study 23

4.6 Preparation of Environmental Impact Assessment Report 23
4.7 Submission of Environmental Impact Assessment Report 24
4.7.2 Review 24
4.7.3 Approval or Non-approval of the Report 25
4.8 Agreement of Environmental Conditions 26
4.8.1 Preparation of Agreement of Environmental Conditions 26
4.8.2 Environmental Monitoring 27
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Annex 1: First and Second Schedules of the Environment 30
Protection Enactment (Prescribed Activities)
(Environmental Impact Assessment) Order 2005
Annex 2: Guideline for preparation of scoping note 34
Annex 3: Methodology of the assessment study 38
Annex 4: Chapter-by-chapter recommendations for content of 45

proposal for mitigation report and environmental impact
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assessment report
References 51
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1.
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PRELIMINARY
1.1 Scope of Handbook
This handbook is issued under section 15 of the Environment Protection Enactment

2002. It sets out the principles, requirements, procedures and guidelines for:
(a) deciding whether a designated project is a prescribed activity;
(b) the preparation of the scoping note;
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(c) the preparation of the terms of reference of the environmental impact assessment
study;
(d) undertaking the proposal for mitigation measures and environmental impact
assessment studies;
(e) the preparation and review of proposal for mitigation measures report and
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environmental impact assessment report;
(f) the issue of environmental approval and non-approval;
(g) the formulation of conditions of the mitigation declaration and agreement of

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environmental conditions;
(h) the environmental monitoring programme and audit requirements.
“Director” in this handbook refers to the Director of the Environment Protection

Department. “Department” refers to the Environment Protection Department.
1.2 Objectives of Environmental Impact Assessment
The objectives of environmental impact assessment are:

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(a) To examine and select the most appropriate development options available
whenever possible;
(b) To identify, predict and wherever possible quantify the significance of any
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adverse impact on the community and environment likely to be affected by the

development activity;
(c) To formulate and incorporate appropriate abatement and mitigating measures

into the development plan;
(d) To determine appropriate and effective programmes for monitoring

environmental compliance and residual impact; and
(e) To identify wherever possible, the environmental costs and benefits of the
development activity.
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1.3 Benefits of Environmental Impact Assessment
Benefits may include the following:
(a) It presents the information required by the authorities in a structured manner

facilitating decision-making process and granting of permits and approvals;
(b) It allows the project team to systematically evaluate the potential environmental
problems from a proposed development, and to identify key areas which require
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special consideration for environmental controls;
(c) It can reduce costs and time by identifying and quantifying primary and
secondary consequences which may require the introduction of expensive
pollution control measures, compensation or other cost at a later date;
(d) It assists in establishing long term management objectives and plans, and
enhancing organisation’s environmental image;
(e)
(f)
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A project that has been designed to suit the local environment most likely can be
completed on time and within budget, and can avoid difficulties along the way;
A project that conserves the natural resources it relies upon will continue to be
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sustainable for many years to come; and
(g) A project that yields benefits without causing serious environmental problems is
more likely to bring credit and recognition to its proponents.
2. LEGAL REQUIREMENT
Under the Environment Protection (Prescribed Activities) (Environmental Impact

Assessment) Order 2005, submission of a proposal for mitigation measures report or
an environmental impact assessment report for approval of the Director is mandatory
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before the commencement of any of the prescribed activities listed in the First
Schedule and the Second Schedule of the Order, respectively (refer to Annex 1).
2.1 Proposal for Mitigation Measures Report

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A proposal for mitigation measures report comprises a proposal or series of proposals

which provide a description of the likely environmental impacts of a development
activity and the measures required to prevent, mitigate or abate any adverse
environmental impacts or to protect the environment.
The prescribed activities requiring such report are normally of low magnitude in terms
of area and sensitivity. The impacts are known or can be predicted even without a
detailed assessment study, and the mitigation measures and monitoring mechanism are
in place.
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2.2 Environmental Impact Assessment Report
An environmental impact assessment report comprises a report or series of reports

which provide a detailed assessment in quantitative terms wherever possible, and in
qualitative terms of the likely environmental impacts of a development activity and the
measures required to prevent, mitigate or abate any adverse environmental impacts or
to protect the environment.
The prescribed activities requiring such report are normally of high magnitude in
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terms of area and sensitivity, and thus require detailed assessment study to predict the
potential impacts and to formulate practical, realistic and effective mitigation
measures and monitoring programme.
2.2.1 Types of Environmental Impact Assessment (EIA) Studies
Environmental impact assessment studies for the prescribed activities listed in the
Second Schedule of the Order are classified into two types, namely the Normal-EIA
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and Special-EIA.
Normal-EIAs are usually conducted for projects where the environmental impacts are
localised, and the local sensitivities are not significantly affected.
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Special-EIAs are conducted for projects having special magnitude and sensitivity
regarding the environmental impacts which may extend beyond the geographical
boundaries of the project site and/or can adversely affect the welfare of local
communities. A comprehensive and detailed assessment of the primary and key
environmental issues and impacts are required to evaluate the significance of the
environmental impacts, and to formulate appropriate mitigation measures and
monitoring programme.
The main criteria used to determine the type of environmental impact assessment
studies are summarised as follows:
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(a) Extent of focus of primary issues of concern;
(b) Environmental sensitivity of location;

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(c) Magnitude of potential impacts;
(d) Geographical extent of potential impacts;
(e) Significance to government policies and guidelines; and
(f) Local sensitivities such as aesthetic or cultural concern.
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2.2.2 Assessment Procedure
The assessment procedure for both Normal-EIAs and Special-EIAs shall follow the
same general format as described in this handbook. The convergence of the procedure
introduces flexibility into the assessment process, and removes the possible need for
some project proponents to submit both a Normal-EIA and a Special-EIA report. A
Special Review Panel shall be established to review the terms of reference and report
of Special-EIAs.
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2.2.3 Public Hearing
Public hearing shall be conducted for Special-EIAs. This provides a two-stage

opportunity for the public to submit views and comments as follows:
(a) Stage 1: TOR for Special-EIA. A period of 14-days or such period as
determined by the Director shall be given to the public to submit their views and
comments on any pertinent environmental issues and concerns that should be
addressed in the EIA study.
(b)
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Stage 2: Review of Special-EIA Reports. A period of 30-days or such period as
determined by the Director shall be given to the public to comment on the
validity and relevance of the assessments, proposed mitigation measures and
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monitoring programme.
The public hearing shall be announced in the major local newspapers in at least two
major languages, namely Bahasa Malaysia and English. The project proponent shall
bear the cost for the public announcement. A minimum size of ¼ page is required for
the notification. Specific guidelines on the format of the notification can be obtained
from the Department.
Copies of the Terms of Reference and the Special-EIA reports shall be made available
at the Department’s office and homepage; main branches of the state library; and the
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environmental consultant’s office. Written responses to the views and comments by

the public shall be made available at the Department’s office and home page.
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PROPOSAL FOR MITIGATION MEASURES
The steps involved are as follows:

Steps Summary of Main Activities
Step 1: Project screening Project proponent

• Check Annex 1 to determine whether the
proposed activity is a prescribed activity and
under which category.
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Step 2: Selection of environmental Project proponent
consultants • Select appropriate environmental consultant
to undertake the preparation of the scoping
note and report of the Proposal for
Mitigation Measures.
Step 3: Preparation of scoping notes Environmental consultant

• Prepare scoping notes in accordance with
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Step 4: Undertaking the Proposal for
Annex 2 and submit to the Director for
approval.
Environmental consultant
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Mitigation Measures study • Undertake the Proposal for Mitigation
Measures study in accordance with Annex
3.
Step 5: Preparation of Proposal for Environmental consultant

Mitigation Measures report • Prepare the Proposal for Mitigation
Measures report in accordance with the
format as outlined in Annex 4’;
• Discuss with the project proponent on the
findings and contents of the report.
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Step 6: Submission of Proposal for Environmental consultant

Mitigation Measures report • Submit the Proposal for Mitigation
Measures report to the Director;
• Submit additional information if required
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and finalise the report for approval by the

Director.
Step 7: Preparation of the Mitigation Project proponent/environmental consultant

Declaration • Review the draft Mitigation Declaration
prepared by the Director;
• Sign letter of undertaking to comply with
conditions as stipulated in the Mitigation
Declaration;
• Submit periodic environmental monitoring
reports as required in the Mitigation
Declaration.
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Project proponents are advised to consult the Department or the relevant project
approving authorities during the early project screening phase to determine whether a
designated development activity is a prescribed activity, and under which category. A
Proposal for Mitigation Measures report is mandatory for all development activities
prescribed under the First Schedule of the Environment Protection (Prescribed
Activities)(Environmental Impact Assessment) Order, 2005 (refer to Annex 1). The
Schedule may be amended from time to time, and the revised versions will be made
available on the Department’s homepage.
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3.2 Selection of Environmental Consultants
The project proponent is advised to engage an environmental consultant registered

with the Department to undertake the preparation of a Proposal for Mitigation
Measures report where no expertise is available at the project proponent’s office. This
is to ensure that the preparation of the report is undertaken in accordance with the
requirements and guidelines as described in this handbook. A list of registered
environmental consultants can be obtained from the Department’s office or homepage.
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The main tasks and responsibilities of the environmental consultant are to prepare and
submit a Scoping Note that will describe all the pertinent environmental issues;
undertake the assessment, and prepare and submit the Proposal for Mitigation
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Measures report.
The environmental consultant shall conduct a scoping exercise to identify the potential
adverse environmental issues of concern in order to determine the focus, scope and
content of the Proposal for Mitigation Measures report. The conduct of the scoping
activities and preparation of the scoping note shall be undertaken in accordance with
the guidelines outlined in Annex 2 subject to such modification as the case may
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require.
Based on the result of the scoping exercise, the environmental consultant prepares and
submits the scoping note to the Department for approval. If necessary, a meeting is
held between the environmental consultant/project proponent and the Department.
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Additional information may be required during the review process. The environmental
consultant may proceed with the study once the Department has approved the scoping
note.
3.4 Undertaking the Proposal for Mitigation Measures Study
The study shall consist of three main assessments:
(a) assessment of the environmental impacts of the project;
(b) assessment of mitigation measures; and
(c) assessment of monitoring programme.
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For each of the assessments a three-pronged strategy is recommended which shall
involve review, investigation and evaluation of known impacts, mitigation measures
and monitoring programme for the particular type of development project in
accordance with the methodology outlined in Annex 3.
The impact assessment must be fully independent and unbiased. Proposals for
mitigation measures and monitoring programme, however, shall be realistic, practical
and feasible and therefore need to be closely discussed and reviewed with the project
proponent.
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3.5 Preparation of Proposal for Mitigation Measures Report
The Proposal for Mitigation Measures report shall be documented in a clear and
concise manner devoid of unnecessary technical details. The usefulness of the report is
measured by how the potential problems are foreseen and addressed with adequate and
straightforward answers and proposals. The report shall be prepared in accordance
with the ‘chapter-by-chapter recommendation’ outlined in Annex 4 subject to such
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modifications as the case may require.
It is important to note that the main purpose of the report is to clearly list and describe
what has been assessed and recommended. Each of the environmental issues defined in
the scoping note or identified during the study, has to be assessed in relation to the
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environmental impacts; recommended mitigation measures; and recommended
monitoring requirement.
At this stage, it is also important for the environmental consultant to discuss with the
project proponent on the findings of the study and the contents of the Proposal for
Mitigation Measures report.
3.6 Submission of Proposal for Mitigation Measures Report
A minimum of five copies of the report shall be submitted to the Department together
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with a digital copy. The report shall be in ‘word-format’. All members of the study
team shall affix their signatures in the report and at least one copy shall contain
original signatures of the team members.
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3.6.1 Review of Report
The review of the report shall be carried out by the Department, and where necessary,
comments and recommendations from relevant government authorities and agencies
including external experts shall be sought.
The review process seeks to ensure that impartial and proper consideration of the
report takes place which includes:
(a) a critical review of the assessment of environmental impacts, the proposed

mitigation measures and the recommended monitoring programme; and
(b) to request for additional information if deemed necessary.
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3.6.2 Approval or Non-approval of Report
A decision whether to approve or reject the report shall be based not only on the
information and findings of the report but also based on a holistic assessment of the
impacts of the projects in relation to, among others:
(a) each of the environmental issues being investigated;
(b) government policies and plans; and
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(c) assessments and recommendations made by other governmental departments and
authorities.
An environmental non-approval of the proposed project may occur if:
(a) the report and/or the review has shown that the proposed project will result in
significant adverse environmental impacts;
(b)
(c)
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no appropriate mitigation measures can be found;
the project contradicts governmental policies and plans; or

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(d) recommendations made by other governmental departments and authorities find
that the project has an unacceptable adverse impacts on the environment
It should be noted that under section 54 of the Environment Protection Enactment

2002, any person who carries out any prescribed activity without submitting a Proposal
for Mitigation Measures report, and obtaining an approval from the Director, shall be
guilty of an offence, and shall, on conviction, be liable to a fine not exceeding fifty
thousand ringgit or an imprisonment for a term not exceeding two years or both fine
and imprisonment.
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3.7 Mitigation Declaration
3.7.1 Preparation of Mitigation Declaration

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The Mitigation Declaration is essentially an undertaking which shall legally bind the
project proponent to undertake and bear the costs of implementation of the specific
environmental mitigation measures and monitoring programme.
The Director shall draft the conditions of the Mitigation Declaration based on:
(a) the information and findings of the report;
(b) the proposed mitigation measures and recommended monitoring programme; and
(c) inputs from other government departments and relevant authorities.
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The contents of the Mitigation Declaration shall typically include the following:
(a) Short description of project concept;
(b) Legal requirements;
(c) Compliance of mitigation measures for impacts;
(d) Monitoring programmes and supervision;
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(e) Obligations of the project proponent, including compliance of mitigation
measures, contract agreement, data and reports required; and
(f) Consultation requirements.
The draft Mitigation Declaration shall be forwarded to the project proponent and if
agreement has been reached on the conditions, the project proponent shall be notified
to sign the Mitigation Declaration in the presence of the Director. The signing of the
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Mitigation Declaration by the project proponent means that the project is
environmentally approved and copies of the approved Mitigation Declaration shall be
forwarded to the relevant project approving authorities.
If after a period of 90 days from the date of dispatch of the draft Mitigation
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Declaration to the project proponent, there is no response from the project proponent,
or agreement cannot be reached on the conditions of the draft Mitigation Declaration,
the Director shall forward an environmental non-approval letter to the project
proponent and the relevant project approving authorities.
If contractors are engaged in the implementation of the project, the project proponent
shall incorporate all obligations stipulated in the Mitigation Declaration into all
contractual documents.
The approved Mitigation Declaration shall be valid for 2 years from the date of signing
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by the project proponent. If implementation of the proposed project has not begun after
such period, the approved Mitigation Declaration is no longer valid and the Director
may request the project proponent to submit a new report.
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3.7.2 Environmental Monitoring
The mitigation measures and monitoring programme as stipulated in the Mitigation

Declaration shall be implemented and monitored by the project proponent. Periodic
monitoring reports shall be submitted to the Director in accordance with the approved
schedule.
In addition to the self-monitoring by the project proponent, the Department shall also
conduct auditing of the compliance of conditions of the Mitigation Declaration
through:
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(a) review of the monitoring reports submitted by the project proponent; and
(b) on-site visits to the project area.
The project proponent and/or the contractors immediately should consult the Director
for advice if difficulties are encountered in the implementation of the approved
mitigation measures and monitoring requirements.

2002, any person who fails to comply with the terms and conditions of a Mitigation
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Declaration shall be guilty of an offence, and shall, on conviction, be liable to a fine
not exceeding fifty thousand ringgit or an imprisonment for a term not exceeding two
years or both fine and imprisonment.
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4. ENVIRONMENTAL IMPACT ASSESSMENT
The steps involved as follows:

Steps Summary of Main Activities
Step 1: Project screening Project proponent

• Check Annex 1 to determine whether the proposed
activity is a prescribed activity and under which
category.
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Step 2: Selection of environmental Project proponent
consultants • Select appropriate environmental consultant to
undertake the preparation of the Scoping Note, Terms
of Reference (TOR) and the Environmental Impact
Assessment report.
Step 3: Preparation of scoping note Environmental consultant

• Undertake to prepare scoping note in accordance with
Reference
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Step 4: Preparation of Terms of
Annex 2 and submit the results to the Director.
Environmental consultant
• Prepare the draft Terms of Reference based on the
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results of the scoping exercise, and submit to the
Director;
• Undertake public hearing activities required for
Special-EIA;
• Participate in review meetings;
• Submit additional information if required and finalise
Terms of Reference for approval by the Director.
Step 5: Undertaking the Environmental consultant:

environmental impact • Undertake the environmental impact assessment
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assessment study study in accordance with Annex 3.
Step 6: Preparation of the Environmental consultant:

Environmental Impact • Prepare the report in accordance with the chapter-by-
Assessment Report chapter recommendations as outlined in Annex 4;
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• Discuss with the project proponent on the findings

and contents of the report.
Step 7: Submission of the Environmental consultant:

Environmental Impact • Submit the Environmental Impact Assessment Report
Assessment Report to the Director;
• Undertake the public hearing activities required for
Special-EIA;
• Participate in review meetings;
• Submit additional information if required and finalise
the Environmental Impact Assessment Report for
approval by the Director.
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Step 8: Preparation of the Project proponent/environmental consultant
Agreement of Environmental • Review the draft Agreement of Environmental
Conditions Conditions prepared by the Director;
• Sign letter of undertaking to comply with conditions
as stipulated in the Agreement of Environmental
Conditions;
• Submit periodic environmental monitoring reports as
required in the Agreement of Environmental
Conditions.
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Project proponents are advised to consult the Department or the relevant project
approving authorities during the early project screening phase to determine whether a
designated development activity is a prescribed activity, and under which category. An
Environmental Impact Assessment report is mandatory for development activities
prescribed under the Second Schedule of the Environment Protection (Prescribed
Activities)(Environmental Impact Assessment) Order, 2005 (refer to Annex 1). The
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Schedule may be amended from time to time and revised versions shall be made
available on the Department’s homepage.
Selection of Environmental Consultants

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Preparation of Normal-EIA or Special-EIA reports shall be undertaken by
environmental consultants that are registered with the Department and hold valid
certificates of practice. A list of registered environmental consultants can be obtained
from the Department’s office or homepage.
The main tasks and responsibilities of the environmental consultant are to prepare and
submit Scoping Note and the Terms of Reference of the study; undertake the study;
and prepare, submit and present the Environmental Impact Assessment report.
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It is important for the project proponent to appoint environmental consultants with the
appropriate expertise to ensure that the impact assessment is professionally conducted,
and that the proposed mitigation measures and monitoring programme are practical,
realistic and effective.
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The scoping exercise allows for the identification of potential adverse environmental
issues of concern in order to determine the Terms of Reference for the study. The
overall objective of the scoping process is to determine the focus, scope and content of
the Environmental Impact Assessment report. The environmental consultant shall
undertake the scoping activities and preparation of the scoping note in accordance with
the guidelines outlined in Annex 2 subject to such modification as the case may
require.
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Based on the result of the scoping exercise, the environmental consultant shall prepare
and submit the Scoping Note to the Director for approval. If necessary, a meeting is
held between the environmental consultant/project proponent and the Department. If
the results are regarded sufficient by the Director, the preliminary Terms of Reference
will be discussed. At this stage, a decision shall be made as to whether the
environmental impact assessment should be a Normal-EIA or a Special-EIA.
4.4 Preparation of Terms of Reference
The scoping exercise yields a key set of environmental issues to be resolved by the
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environmental impact assessment study. The next step is to determine the strategies to
be adopted for assessment. The Terms of Reference provides a written framework for
the proposed study to proceed in a systematic manner.
Following initial discussion with the Department, the environmental consultant

prepares and submits a draft Terms of Reference to the Department. Typically, the
draft Terms of Reference shall include the following:
(a) Background information on the nature and extent of the project;
(b)
(c)
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Scope of work for the study;
Schedule and methods for assessment of environmental impact, mitigation

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measures and monitoring programme, including collection of primary and/or
secondary data;
(d) Activities involving key stakeholders;
(e) List of members of the team required to undertake the study, including detailed
curriculum vitae of each team member; and
(f) Work schedule with tentative and final completion dates.

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In order to have a common understanding of the environmental issues to be covered, it

is recommended that the environmental consultant holds consultations with the
Department on the contents of the draft Terms of Reference. A sample of a standard
draft Terms of Reference which normally consists of approximately 10-15 pages,
excluding curriculum vitae is available at the Department.
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For Terms of Reference of Special-EIAs, a public hearing shall be conducted as

described in section 2.2.3.
4.4.2 Review
For Normal-EIAs, the environmental consultant finalises the Terms of Reference based
on the review by the Department. The study may proceed once the Director has agreed
on the final contents of the Terms of Reference.
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For Special-EIAs, a special Review Panel shall be established consisting of appointed
members with the appropriate skills and expertise required to assist in the review of the
Terms of Reference and comments received from the public. Relevant suggestions and
comments by the public maybe incorporated into the Terms of Reference of the study.
The study may proceed once the Director with the assistance of the special Review
Panel has agreed on the final contents of the Terms of Reference.
4.5 Undertaking the Environmental Impact Assessment Study
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The study shall consist of three main assessments:
(a) assessment of the environmental impacts of the project;
(b) assessment of mitigation measures; and
(c) assessment of subsequent monitoring programme.
For each of the assessments a three-pronged strategy is recommended which shall

involve review, investigation and evaluation of known impacts, mitigation measures
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and monitoring programme for the particular type of development project in
accordance with the methodology outlined in Annex 3.
The impact assessment must be fully independent and unbiased. Proposals for
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mitigation measures and monitoring programme, however, shall be realistic, practical
and feasible and therefore need to be closely discussed and reviewed with the project
proponent.
4.6 Preparation of Environmental Impact Assessment Report
The environmental consultant shall document the findings of the environmental impact
assessment study in a clear and concise manner devoid of unnecessary technical
details. The usefulness of the report is measured by how the potential problems are
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foreseen and addressed with adequate and straightforward answers and proposals. The
report shall be prepared in accordance with the ‘chapter-by-chapter recommendation’
outlined in Annex 4 subject to such modifications as the case may require.
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It is important to note that the main purpose of the report is to clearly list and describe
what has been assessed and recommended. Each of the environmental issues defined in
the Terms of Reference or identified during the study, has to be assessed in relation to
the environmental impacts; recommended mitigation measures; and recommended
monitoring requirement.
At this stage, it is also important for the environmental consultant to discuss with the
project proponent on the findings of the study and the contents of the Environmental
Impact Assessment report.
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4.7 Submission of Environmental Impact Assessment Report
A minimum of fifteen copies of the report shall be submitted to the Department

together with a digital copy. The report shall be in ‘word-format’. All members of the
study team shall affix their signatures in the report and at least three copies shall
contain original signatures of the team members.
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A public hearing shall be conducted for Special-EIA reports as described in section
2.2.3. However, depending on the Terms of Reference, the environmental consultant
may be required to undertake additional public hearing activities such as public
forum.
4.7.2 Review
A consultative review of the report shall be carried out by the Department, and where
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necessary, comments and recommendations from relevant government authorities and
agencies including external experts shall be sought.
The review process seeks to ensure that impartial and proper consideration of the
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report takes place which includes:
(a) a critical review of the assessments of environmental impact made and the
proposed mitigation measures and the recommended monitoring programme; and
(b) to request for additional information if deemed necessary.
For Special-EIAs, the special Review Panel appointed for the review of the TOR, shall
assist the Director to conduct a thorough review and evaluation of the report to ensure
that impartial and proper consideration of the reports take place which shall include the
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following:
(a) critical review of the assessed environmental impacts, proposed mitigation
measures and monitoring programme;
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(b) critical consideration of public comments and responses from the environmental
consultant;
(c) request for additional information when deemed necessary; and
(d) provide inputs and recommendations for the formulation of the terms and
conditions of the Agreement of Environmental Conditions.
The review process shall be regarded as completed when it is found that:
(a) the environmental assessment is sufficient for the Department and the Review
Panel to evaluate the most important environmental effects of the project; and
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(b) the proposed mitigation measures and monitoring programme are found to be
appropriate, realistic and sufficiently detailed for the formulation of the
Agreement of Environmental Conditions.
Additional information will be required if important environmental aspects were not

sufficiently addressed in the first report submission, or if the mitigation measures and
monitoring programme have been insufficiently described. The project proponent may
have to contract a new environmental consultant if after two report re-submissions, the
Department or the special Review Panel still finds the information received
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insufficient.
4.7.3 Approval or Non-approval of Report
A decision whether to approve or reject the report shall be based not only on the
information and findings of the report but also based on a holistic assessment of the
impacts of the projects in relation to:
(a)
(b)
B
each of the environmental issues being investigated;
government policies and plans; and

SA
(c) assessments and recommendations made by other governmental departments
and authorities.
An environmental non-approval of the proposed project may occur if:
(a) the report and/or the review has shown that the proposed project will result in
significant adverse environmental impacts;
(b) no appropriate mitigation measures can be found;

D
(c) the project contradicts governmental policies and plans; or
(d) recommendations made by other governmental departments and authorities find

that the project has an unacceptable impact on the environment.
EP

2002, any person who carries out any prescribed activity without submitting an
Environmental Impact Assessment report and obtaining an approval from the Director
shall be guilty of an offence, and shall, on conviction, be liable to a fine not exceeding
one hundred thousand ringgit or an imprisonment for a term not exceeding five years
or both fine and imprisonment.
It should be also noted that if a thorough and proper initial environmental screening of
a proposed development project has been undertaken, the Department foresees that
very few projects will receive an environmental non-approval.
25
4.8 Agreement of Environmental Conditions
4.8.1 Preparation of Agreement of Environmental Conditions
The Agreement of Environmental Conditions is essentially an undertaking which shall

legally bind the project proponent to undertake and bear the costs of implementation of
the specific environmental mitigation measures and monitoring programme.
AH
The Department shall draft the Agreement of Environmental Conditions based on:
(a) the information and findings of the report;
(b) the recommended mitigation measures and monitoring programme;
(c) inputs from other government departments and relevant authorities; and
(d) public comments and recommendations of the Review Panel in Special-EIAs.
B
The contents of the Agreement of Environmental Conditions shall typically include the
following:
SA
(a) Short description of project concept;
(b) Legal requirements;
(c) Compliance of mitigation measures for impacts;
(d) Monitoring programme and supervision;
(e) Obligations of the project proponent, including compliance of mitigation

measures, contract agreement, data and reports required; and
D
(f) Consultation requirements.
The draft Agreement of Environmental Conditions shall be forwarded to the project

proponent, and meetings may be conducted where necessary. If agreement has been
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reached on the draft, the project proponent shall be notified to sign the Agreement of
Environmental Conditions in the presence of the Director. The signing of the
Agreement of Environmental Conditions by the project proponent means that the
project is environmentally approved and copies of approved Agreement of
Environmental Conditions shall be forwarded to the relevant project approving
authorities.
If after a period of 90 days from the date of dispatch of the draft Agreement of
Environmental Conditions to the project proponent, there is no response received from
the project proponent, or agreement cannot be reached on the conditions of the draft
Agreement of Environmental Conditions, the Director shall forward an environmental
non-approval letter to the project proponent and the relevant project approving
authorities.
26
If contractors are engaged in the implementation of the project, the project proponent
shall incorporate all obligations stipulated in the Agreement of Environmental
Conditions into all contractual documents.
The approved Agreement of Environmental Conditions shall be valid for 2 years from
the date of signing by the project proponent. If implementation of the proposed project
has not begun after such period, the approved Agreement of Environmental Conditions
is no longer valid and the Director may request the project proponent to submit a new
Environmental Impact Assessment report.
AH
4.8.2 Environmental Monitoring
Mitigation measures and monitoring programme shall be implemented and monitored

by the project proponent as stipulated in the Agreement of Environmental Conditions.
Periodic monitoring reports shall be submitted to the Department in accordance with
the approved monitoring schedule.
B
In addition to the self-monitoring by the project proponent, the Department shall
conduct auditing of the compliance of Agreement of Environmental Conditions
through:
SA
(a) review of the monitoring reports submitted by the project proponent; and
(b) on-site visits to the project area.
For Special-EIA, the environmental audit may be undertaken by an Audit Panel

consisting of officers of the Department and appointed external representatives.
The project proponent and/or the contractors should consult the Department for advice
if difficulties are encountered concerning implementation of the approved mitigation
measures or monitoring programme.
D

2002, any person who fails to comply with the terms and conditions of AEC shall be
guilty of an offence, and shall, on conviction, be liable to a fine not exceeding one
hundred thousand ringgit or an imprisonment for a term not exceeding five years or
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both fine and imprisonment.
27
EP
D
28
SA
BAH
EP
D
29
SA
BAH
ANNEX 1
FIRST AND SECOND SCHEDULES OF THE ENVIRONMENT PROTECTION
ENACTMENT (PRESCRIBED ACTIVITIES) (ENVIRONMENTAL IMPACT
ASSESSMENT) ORDER 2005
FIRST SCHEDULE
List of Prescribed Activities Requiring Proposal for Mitigation Measures Report
AH
1. AGRICULTURE -
(i) Development of agricultural estates or plantations covering an area of 100

hectares or more but less than 500 hectares;
(ii) Development of agricultural estates or plantations involving change in type of
crops covering an area of 100 hectares or more but less than 500 hectares; or
(iii) Conversion of wetland forests into agricultural estates or plantations covering an
area of 20 hectares or more but less than 50 hectares.
2. FORESTRY -
(i)
B
Felling or extraction of timber covering an area of 100 hectares or more but less
SA
than 500 hectares; or
(ii) Development of forest plantation or reforestation covering an area of 100
hectares or more but less than 500 hectares.
3. HOUSING, COMMERCIAL AND INDUSTRIAL ESTATES -
(i) Development of housing, commercial or industrial estates covering an area of 10

hectares or more but less than 50 hectares;
(ii) Conversion of wetland forests into housing, commercial or industrial estates
D
covering an area of 2 hectares or more but less than 30 hectares; or

(iii) Development of housing, commercial or industrial estates within 200 metres
from the high-water mark of the coastal area.
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4. FISHERIES AND AQUACULTURE –
(i) Conversion of wetland forests into fisheries or aquaculture development

covering an area of 10 hectares or more but less than 50 hectares, or
(ii) Creation of lakes or ponds for fisheries or aquaculture development covering an
area of 10 hectares or more but less than 50 hectares.
5. QUARRIES -
Quarrying of aggregates, limestone, silica, quartzite, sandstone, sand, marble or stones

within 200 metres from any streams or rivers.
30
6. RESORTS AND RECREATIONAL DEVELOPMENT -
(i) Development of resorts, recreational or tourism facilities covering an area of 10

hectares or more but less than 30 hectares; or
(ii) Development of resorts, recreational or tourism facilities within 200 metres from
the high-water mark of the coastal area.
7. ANY OTHER ACTIVITIES WHICH MAY DAMAGE OR HAVE AN

ADVERSE IMPACT ON QUALITY OF ENVIRONMENT -
AH
(i) Construction of buildings for public purposes within 200 metres from the high-
water mark of the coastal area; or
(ii) Construction of open jetties with a length of 100 metres or more for commercial
or public use along rivers or sea front.
SECOND SCHEDULE
B
List of Prescribed Activities Requiring Environmental Impact Assessment Report
SA
1. AGRICULTURE -
(i) Development of agricultural estates or plantations covering an area of 500

hectares or more;
(ii) Development of agricultural estates or plantations involving change in type of
crops covering an area of 500 hectares or more;
(iii) Conversion of wetland forests into agricultural estates or plantations covering an
area of 50 hectares or more; or
(iv) Agricultural programmes involving the settlement of 100 families or more.
D
2. FORESTRY -
(i) Felling or extraction of timber covering an area of 500 hectares or more; or

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(ii) Development of forest plantation or reforestation covering an area of 500

hectares or more.
3. HOUSING, COMMERCIAL AND INDUSTRIAL ESTATES -
(i) Development of housing, commercial or industrial estates covering an area of 50

hectares or more;
(ii) Conversion of wetland forests into housing, commercial or industrial estates
covering an area of 30 hectares or more; or
(iii) Development of housing, commercial or industrial estates on hills with slopes
having gradient of 20 degrees or more.
31
4. DRAINAGE AND IRRIGATION -
(i) Irrigation schemes covering an area of 500 hectares or more; or

(ii) Drainage of wetland forests covering an area of 50 hectares or more.
5. LAND RECLAMATION -
Reclamation of land by the sea or along river banks for development of housing,
AH
commercial or industrial estates, construction of major roads, or other public purposes.
6. FISHERIES AND AQUACULTURE –
(i) Conversion of wetland forests into fisheries or aquaculture development

covering an area of 50 hectares or more, or
(ii) Creation of lakes or ponds for fisheries or aquaculture development covering an
7. MINING -
B
area of 50 hectares or more.
SA
Mining including open cast mining for minerals pursuant to any mining lease –
(a) covering an area of 20 hectares or more; or
(b) any form of mining which is likely to affect the landscape of the mining area so
as to require rehabilitation thereof upon the cessation of the mining activities, or
which involves the use of chemicals or explosives.
8. POWER GENERATION -
D
Construction of dams and hydro-electric power schemes involving the following-

(a) dams over 15 metres high and ancillary structures covering an area of 40
hectares or more;
(b) artificial lakes or reservoirs with a surface area covering 50 hectares or more; or
(c) diversion of streams, rivers or watercourses.
EP
9. QUARRIES -
(i) Quarrying of aggregates, limestone, silica, quartzite, sandstone, sand, marble or

stones for commercial or construction purposes within 3 kilometres of-
(a) any existing settlement, residential, commercial or industrial area, major
roads, or any buildings for public purposes; or
(b) any area for which a licence, permit or approval has been granted for
development of settlement, residential, commercial or industrial area, major
roads, or any buildings for public purposes;
32
(ii) Earth work involving extraction, removal, filling or dumping of earth with a
volume of 40,000 cubic metres or more; or
(iii) Excavation or dredging of sand or rock materials from watercourses, streams,
rivers, coastal area or sea for commercial or construction purposes.
10. RESORTS AND RECREATIONAL DEVELOPMENT -
(i) Development of resorts, recreational or tourism facilities covering an area of 30

hectares or more;
AH
(ii) Development of resorts, recreational or tourism facilities on hills with slopes
having gradient of 20 degrees or more; or
(iii) Development of golf courses.
11. WATER SUPPLY -
(i) Construction of dams, artificial lakes or reservoirs with a surface area of 50
B
hectares or more for impounding water; or
(ii) Development of groundwater supply with a capacity of 4,500 cubic metres or
more per day.
SA
12. ANY OTHER ACTIVITIES WHICH MAY DAMAGE OR HAVE AN
ADVERSE IMPACT ON QUALITY OF ENVIRONMENT -
(i) Construction of buildings for public purposes on hills with slope having gradient
of 20 degrees or more;
(ii) Construction of major roads or upgrading of major roads involving realignment
and widening through settlement, coastal areas or wetland forests, or on hills with
slopes having gradient of 20 degrees or more;
(iii) Construction of port facilities (including warehouses, container yards and cargo
storage facilities) for commercial use along rivers or sea front; or
D
(iv) Construction of closed landing jetties for commercial or public use along rivers or
sea front.
EP
33
ANNEX 2
GUIDELINE FOR PREPARATION OF SCOPING NOTE
1. Contents of Scoping Note
The scoping note shall contain the following:
AH
(a) Project description;
(b) Maps (location including longitude and latitude or UTM co-ordinates, habitat,
water catchment, protected area, etc.)
(c) List of identified and proposed prioritised environmental issues;
(d) Matrix with an initial assessment of all identified environmental issues in relation
to the project
(e) Description of issues and arguments for priority setting.
2.
B
Identification of Environmental Issues
The identification of environmental concerns ensures that the report is sufficiently

comprehensive and prevents the assessment or study from becoming unnecessarily
SA
protracted or expensive. Issue identification includes listing and appraisal of:
(a) Main project activities,

(b) Main resources that will be used or affected by the project,
(c) Main environmental issues affected by the project, and
(d) Potential impacts from each project activity.
A matrix of environmental issues is prepared to facilitate identification of the main

issues. The matrix includes:
D
(a) Graphic summary and grouping of the adverse environmental issues arising from
the project, and
(b) Preliminary assessment of the importance of each of these environmental issues.
EP
3. Life Cycle of Project
The grouping of environmental issues arising from the project shall be based on the
life cycle of the project which should be divided into the logical stages of the project,
for example:
(a) Exploration and construction/implementation stage,
(b) Operational, production and maintenance stage, and
(c) Abandonment stage.
34
4. Components of Environment
The components of the environment shall be divided into 3 groups:
(a) Physical component covering all physical and chemical aspects of the
environment, including finite resources (non-biological), and degradation and
pollution of the physical environment,
(b) Ecological component covering all ecological aspects of the environment,
including renewable natural resources, conservation of biodiversity, habitat-
species interactions and pollution of the biosphere, and
AH
(c) Socio-economic component covering all human aspects of the environment,
including social issues affecting individuals and communities, cultural and
aesthetic aspects, conservation of heritage sites, temporary and permanent
economic consequences of environmental change.
5. Scoping Matrix Of Environmental Issues
B
Environmental issues Issues of Score
concern
Exploration and construction

/implementation stage.
SA
• Physical issues
• Ecological issues
• Socio-Economic issues
Operational, production and maintenance

stage.
• Physical issues
• Ecological issues
D
Abandonment stage.
• Physical issues
• Ecological
Socio-Economic
issues issues
EP
The environmental issues shall be described in terms of the main aspects of concern
for each stage of the project. A preliminary assessment shall be based on a general but
holistic assessment of:
(a) Magnitude of the impact,

(b) Permanence of the impact,
(c) Reversibility of the condition and
(d) Extent of cumulative impact
35
The assessment shall be based on a scoring of 1 for minor potential adverse
environmental impact: 2 for medium potential adverse environmental impact: and 3
for high potential adverse environmental impact.
6. Data Collection
An independent appraisal of potential adverse environmental issues shall be

undertaken on the basis of, for example:
AH
(a) On-site field visits and investigations of the proposed project
(b) Review of existing literature that may of relevant to the proposed project
(c) Information supplied by the project proponent
(d) Discussions with the project planners; relevant government agencies and
authorities; scientific institutions and experts; and local community
representatives concerning the proposed development activity and requirements
of government policy and regulations
(e) Reference to information, site visit or inspection of similar projects elsewhere.
7. Documentation
B
Scoping methods used and activities undertaken during the identification of
SA
environmental issues shall be clearly documented. The availability and reliability of
both primary and secondary sources of data need to be established as part of the
scoping study. Existing environmental guidelines shall be used as reference whenever
possible. Examples of possible environmental issues to be considered in the scoping
phase are as follows:
Examples of Physical Issues
(a) Adverse impacts on the quality and/or quantity of the physical environment
including air, land soil, surface water, groundwater and marine waters
D
(b) Discharges or emissions to the environment including sediments; persistent

and/or toxic chemicals; nutrients; domestic and industrial wastes; noise; gaseous
emissions, dust and odour; and thermal energy
(c) Areas with high risk of slope instability
EP
(d) Potential soil erosion hazard sites

(e) Adverse impacts on hydrological factors
(f) Impact on river geomorphology i.e. bank erosion, scouring and increased /
decreased sediment deposition
(g) Impact on coastal and off shore geomorphology i.e. erosion, scouring and
increased / decreased sediment deposition
(h) Changes on existing landscapes and drainage patterns
(i) Changes to water quality and quantity of surface water and groundwater
resources due to erosion and other pollutants
(j) Soil compaction and fertility.
36
Examples of Ecological Issues
(a) Damage or loss of habitat of flora and fauna including habitat fragmentation
(b) Loss of biodiversity including endemic, rare or endangered species
(c) Disruption of food web
(d) Threat of introduction of new species of plant or animals into the project area
and its surroundings
(e) Obstruction of migration or passage of wildlife
Examples of Socio-economic Issues
AH
(a) People or communities likely to be adversely affected by the project
(b) Potential social issues that are likely to arise
(c) Loss of, or damage to cultural, aesthetic and recreational features
(d) Threat to the protection of cultural heritage
(e) Assessment of waste generation, treatment and disposal methods
(f) Traffic generated by the project in terms of volume and distribution
(g) Impact on the carrying capacity of the project area
8. Priority Setting
B
Following identification of potential environmental concerns using the matrix format, a
SA
priority listing of key environmental issues shall be drawn up. The priority list shall be
clearly described, and arguments for the priority setting given. A top priority list is
thereby established.
The number of environmental issues depends on the content and scope of the project
but it is often seen that only 5 to10 key adverse environmental issues arise in a
development project. In making the priority list, it is important to note the following:
(a) Identification of significant adverse environmental issues on the basis of
magnitude, geographical extent, significance to decision-makers or special local
D
sensitivities (for example soil erosion, presence of endangered species, nearby

historical sites, protected areas or burial grounds)
(b) Consideration of the receptors of impact during the construction and operational
stages as well as the project outputs following abandonment and continued
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destruction to habitats
(c) Examination of the significance of the impacts in relation to existing
environmental standards (for example location, volume or concentration)
against Malaysian or international environmental quality standards
(d) Assessment of the environmental priorities and preferences held by society,
particularly those held by people likely to be affected by the end result of the
activity
(e) Evaluation of the degree to which the impacts can be mitigated during planning,
construction and operation stage
37
ANNEX 3
METHODOLGY FOR THE ASSESSMENT STUDY
1. Assessment
For each of the assessments, a three-pronged strategy is recommended namely, review,

investigation and evaluation as follows:
AH
Steps Assessment of Assessment of Assessment of
Impacts mitigation monitoring programmes
Activities measures
Review Appraisal of Exploration of Exploration of possible
possible impacts possible mitigation monitoring programmes
measures
Investigation Focused data Study which Study which
collection and measures could be programmes could be
analysis implemented and applied and how
Evaluation
B
of the adverse
environmental
how
The significance The effectiveness
of the mitigation
measures
The reliability of the
monitoring programmes
SA
impacts
2. Assessment of Environmental Impacts
The Scoping Note or the Terms of Reference outlines the key environmental issues to
be covered by the study. Data collection and analysis shall be carefully planned and
executed in order to fulfill the requirements of the Scoping Note or Terms of
Reference. However, it is always the responsibility of the environmental consultant to
ensure that the study addresses all key adverse environmental impacts, mitigation
D
measures and monitoring programme of relevance for the proposed project. The
issues may have been identified during the scoping exercise, but may also arise during
the actual study.
2.1 Review
EP
A thorough review of literature and experiences on the development activity shall be

undertaken to identify the key environmental impacts that are already known. The
review shall summarise the practical experiences that have been gained at the local,
national and international level. The review shall identify general and site-specific
issues, and environmental problems that have been encountered elsewhere as a result
of this type of project. For example, it is well known that commercial logging activities
in the region have a major impact on soil erosion and therefore it is better to report on
what is known rather than to predict from baseline data.
38
The review shall be undertaken by consulting relevant guidelines and literature;
consulting local and national experts, practitioners and relevant authorities; and
reviewing other Environmental Impact Assessment reports.
2.2 Investigation
Methodologies to be used for investigation of adverse environmental impact shall be

carefully considered, selected and applied. Each development project will have site-
specific impacts and the environmental consultant should decide the best methodology
AH
to be used to ensure that the impact assessments are representative of the environment
being described.
For the assessment of adverse environmental impacts it is encouraged to:
(a) use scenarios;

(b) focus on cumulative impact;
(c) use visualising techniques; or
B
(d) consider aesthetic and visual environmental impacts.
Following the determination of the assessment methodology, appropriate baseline data

shall be collected. It is important to stress that collection of environmental data shall be
SA
focussed, practical and relevant to the impact assessments.
Data may be obtained from both primary and secondary sources. Data from
environment-related agencies, universities, research institutions and other established
sources shall be sought before embarking on extensive and expensive field data
collection programmes.
Only data of immediate relevance for the impact assessment, and/or the recommended
mitigation measures and monitoring programme shall be collected and analysed. Data
tables must be referred to and the reason for inclusion should be explained. Inclusion
D
of irrelevant data, particularly if it impedes decision making, can be detrimental to the

review of the report.
The data collection among others shall focus on the following issues:
EP
(a) Selected ecosystem components, as it is often impossible to obtain a

comprehensive collection of environmental data
(b) Existing habitat and the physical environmental components that are expected to
receive the most serious impacts
(c) Relevant geographic boundaries of the study which can extend beyond the
project site and include down-stream/down-wind effects. The relevant
geographical boundaries may be determined from an understanding of the
cascade of interactions and effects that the project activities have on the
environment. For example, site clearing and earthworks cause soil erosion and
consequently siltation of rivers which may be a source of local or public water
supply
39
(d) Socio-economic or human environment which have direct relevant to the key
adverse environmental issues of the project
(e) Aesthetic, cultural and landscape values of the existing environment of the
project and surrounding areas
When actual data is lacking, inference, extrapolation or prediction of environmental

conditions and responses, where appropriate, is made from data of environmental
studies in other areas. Although such information may only be of indeterminate
AH
reliability with respect to the project being evaluated, it is nevertheless often adequate
for assessing impacts.
Although the importance of baseline data for impact assessment and monitoring
purposes must be acknowledged, over commitment of time and resources on studies of
the existing environment should be avoided. Protracted data collection may not
necessarily improve the quality of the information upon which decisions are made. On
B
the contrary, protracted or excessive environmental data collection can be an
impediment to decision making as it may distract the review process from focussing on
the key environmental issues. It is important to be aware that in a limited period of
sampling, a snapshot impression is normally obtained.
SA
However, relevant data on the existing environment may serve as a protection for the
project proponent against unjustified claims of damage to the environment as a result
of the project activities at a later stage. In this respect, a project that has being
subjected to a well-focused study is in a strong position to advance its case and to meet
any challenges, assuming adequate mitigating measures are in place.
Below are a listing of pertinent environmental variables relevant for the assessment
study:
D
(a) Hydrology: Existing stream flow records or erosion/accretion data

available/consulted? Comparison with other studies / existing literature?
(b) River and coastal geomorphology: Describe/map existing system? Existing
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wave/tide/erosion/accretion data available/consulted?

(c) Water, air, noise: Existing noise, water or air data available/consulted?
Comparison with other studies/literature? Have the water users downstream
been considered?
(d) Meteorology: Existing data relevant to the project and location
available/consulted? Data collected as part of baseline monitoring? Comparison
with other studies/literature?
(e) Geology and soils: Evaluation of site from existing records? Data collected as
part of baseline monitoring? Comparison with other studies?
(f) Biological/ecological: Existing data available/consulted? Is the site located
partly, wholly or nearby a protected area? Has a detailed ecological survey been
undertaken? Comparison with other studies/literature?
40
(g) Socio-economic: Has the aesthetic and cultural values of the project area been
investigated as perceived by the general public? Description of archaeological
sites within or nearby project area? Description of sites of religious
interest/importance within or nearby project area. Have existing water,
electricity and telecommunications facilities been determined? Data on present
and planned road system and capacity included? Has the carrying capacity for
the site been estimated?
2.3 Evaluation
AH
Following the review, data collection and analysis, the environmental consultant shall
evaluate the significance of the key adverse environmental issues identified.
Evaluation of the significance of the key adverse environmental issues identified is
undertaken based on 4 criteria:
(a) Magnitude of change/effect. Magnitude is defined as a measure of the scale of
adverse effect or benefit of an impact or a condition in relation to the spatial
boundaries;
(b) Permanence of the impact. This defines whether a condition is temporary or
permanent, and should be seen only as a measure of the temporal status of the
condition.
B
(c) Cumulative impact. This is a measure of whether the impact will have a single
direct effect or whether there will be a cumulative effect over time, or a
synergistic effect with other conditions; and
SA
(d) Reversibility of the condition. This defines whether the condition can be
changed and is a measure of the control over the effect of the condition.
The evaluation of significance shall be based on the known or assessed and predicted
environmental impacts, and where possible compared with existing acceptable
standards. However, significance is not easy to define and subjective judgement is also
normally required.
An active and open participation by the general public, local communities, local
experts and relevant authorities in the impact assessment is encouraged. The level of
D
significance consequently determines the level of mitigation measures required to

reduce the environmental impacts to an acceptable level.
3. Assessment of Mitigation Measures

EP
It makes little sense to carry out impact assessments unless they are used to avoid,
mitigate or remedy environmental problems. Mitigation of impacts is the stage at
which preventive, remedial or compensatory measures for each of the adverse impacts
assessed as significant are considered.
The environmental consultant shall explore possible mitigation measures for the
adverse environmental impacts defined. The main adverse environmental impacts shall
be reviewed, analysed and evaluated in detail in relation to possible mitigation
measures, while the minor impacts shall be reviewed, analysed and assessed in less
detail. For example, the environmental consultant shall consider alternative project
designs, changes in project layout and the cost estimates for different mitigation
measures.
41
3.1 Review
A thorough review of the appropriate mitigation measures shall be undertaken in order

to address the following:
(a) What are the key environmental mitigation measures?
(b) What practical experiences have been gained at the local, national and
international level?
(c) What environmental problems have been solved elsewhere as a result of the
mitigation measures?
AH
(d) What general and site-specific mitigation measures exist which are appropriate
for the project?
(e) What are existing and latest technologies available?
Local and national experts, practitioners, and relevant authorities should be consulted
including reviewing all relevant guidelines, literature and other Environmental Impact
Assessment reports.
B
3.2 Investigation
Proposed mitigation measures are investigated concerning efficiency, practicability

and cost-effectiveness. Each of the proposed mitigation measures shall be described
SA
and analysed in detail. This includes for example the technical requirements and
specification for the mitigation measures including when and how the mitigation
measures should be incorporated into the project design and construction contract.
Site visits are conducted in order to analyse and predict the effectiveness of the
proposed mitigation measures. This includes analysis of for example the appropriate
design, estimated costs, location and timing of the proposed mitigation measures. If for
example, the implementation of a sedimentation pond or silt screen is a possible
mitigation measure, investigation regarding location, size and composition shall be
conducted.
D
Proposed mitigation measures that are not directly linked to the development project,
for example, rehabilitation efforts in adjacent areas should also be investigated. Most
development projects have irreversible adverse environmental impacts, and the project
proponent may want to compensate through involvement in environmental
EP
improvement projects which will contribute towards the general conservation and
maintenance of the environment in Sabah. For example, if the project destroys
mangroves, it might be justifiable for the project proponent to commit towards a
mangrove rehabilitation project in an adjacent area to compensate for the adverse
impact caused by the project.
3.3 Evaluation
A final evaluation of the overall effectiveness of the proposed mitigation measures

shall be undertaken. In this respect, it is important that the environmental consultant
works closely with the project proponent in evaluating the recommended mitigation
measures in order to ensure that the recommendations are practical, cost-effective and
at the same time sufficient to mitigate the impact.
42
4. Assessment of Monitoring Programme
The environmental consultant shall explore possible and practical monitoring

programme, and present a proposed schedule for monitoring the compliance of the
recommended mitigation measures, and the residual impact on the environment
The monitoring programmes shall focus on establishing simple monitoring and follow
up requirements which will demonstrate that the recommended mitigation measures
are applied and that the impacts of the project activities on the environment remain
within acceptable levels. It is important to establish an appropriate and practical
AH
monitoring programme that can be handled and implemented by the project proponent
and/or appointed environmental consultant. This often means that the number of
environmental issues monitored should be kept to a minimum.
4.1 Review
A review of the possible monitoring programmes shall be undertaken to determine

what parameters should and could be monitored, and what practical experiences have
B
been gained at a local, national and international level.
The review should be undertaken through for example consulting local and national
experts, practitioners and relevant authorities, and reviewing all relevant guidelines,
literature and other Environmental Impact Assessment reports.
SA
4.2 Investigation
Monitoring programme has to be investigated concerning efficiency, practicability and

cost-effectiveness. Site visits shall be undertaken in order to determine the appropriate
monitoring sites, sampling schedule and equipment.
For compliance of mitigation measures, the investigation shall include:

(a) Methodology to check that actual implementation of recommended mitigation
D
measures has taken place.

(b) Location of mitigation measures and monitoring sites on maps and pictures.
(c) Time schedule for the monitoring programme including frequency of site visits
in relation to the project duration.
EP
(d) Requirements for periodic reporting.

(e) How and when audit/review of results should be undertaken.
For residual impacts, the investigation shall include:

(a) Types of indicators to be used for monitoring the impact of the project on key
environmental issues. The indicators shall relate to environmental impacts
where possible future mitigation measures exist. For example, following the
conversion of forested land to oil palm plantation, there is no need to monitor
impacts on biodiversity as no amount of mitigation can restore the original
ecosystem. However, monitoring of water quality remains important, as
controlling effluent discharge will reduce continued pollution.
43
(b) Definition of standards and threshold values for each of the selected indicators
to allow for ongoing monitoring. For example the following thresholds could be
used: (i) Warning threshold; below this threshold the project proponent can
continue implementation, over the warning threshold, mitigation measures have
to be investigated and put into force, (ii) Critical threshold; over this threshold a
temporary stop to the project must be initiated, the source of problem identified
and work only continue if appropriate mitigation measures can and are put into
place.
(c) A detailed study on the ‘what and when should be done and by whom'. This
includes for example, the role and responsibilities of the project proponent and
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estimated staff and consultant requirements to ensure proper implementation of
the monitoring programme.
(d) A description of estimated monitoring costs.
(e) Requirements for monitoring reporting which includes the timing and
frequency of the reporting.
4.3 Evaluation
B
In evaluating the overall reliability and effectiveness of the monitoring programme,
the environmental consultant should work closely with the project proponent in order
to ensure that the assessments is practical, cost-effective and at the same time
sufficiently effective in monitoring compliance of mitigation measures and the residual
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impacts.
D
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44
ANNEX 4
CHAPTER-BY-CHAPTER RECOMMENDATIONS FOR CONTENT OF

PROPOSAL FOR MITIGATION MEASURES REPORT AND
ENVIRONMENTAL IMPACT ASSESSMENT REPORT
The contents of the report shall consist of the following:

Chapter 1: Executive Summary
Chapter 2: General Information
AH
Chapter 3: Project Description
Chapter 4: Impact Prediction and Evaluation
Chapter 5: Recommended Mitigation Measures
Chapter 6: Recommended Monitoring Programme
Report Annexes
The report shall also include; (i) table of content, (ii) list of tables, (iii) list of figures, (iv) list
of pictures, (v) list of maps and (vi) table of abbreviations. The latter should be kept to a
minimum.
CHAPTER 1: EXECUTIVE SUMMARY
B
SA
The executive summary shall be regarded as a non-technical résumé of the findings and
recommendations of the study. The executive summary shall be in Bahasa Malaysia and
English, and shall include the following two sections.
Project Description
A short description of the proposed development project.
Findings
D
Findings in relation to each of the environmental issues defined in the scoping note, TOR or
identified during the study are summarised in relation to the assessed environmental impacts;
recommended mitigation measures; and recommended monitoring programme.
Environmental impacts that are irreversible or threaten fauna and flora, environmental
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quality and sustainable development should be highlighted.
CHAPTER 2: GENERAL INFORMATION
This chapter shall contain 3 sections outlining information related to the conduct of the
study.
Project Title and Project Proponent
Name of firm; address, telephone and fax number; name and designation of contact person
responsible for the project; and other projects subject to PMM and EIA reports which have
been carried out, are being carried out, and/or will be carried out.
45
Environmental Consultants
Name of firm; address, telephone and fax number; list of team members involved in the
preparation of the report and their field of expertise; list of PMM and EIA reports which
have been carried out. Each team member is required to attach his/her signature in the report.
Public Hearing
For Special-EIAs, information concerning the public hearing (procedures, duration and
availability of the report to the public) shall be included in the report.
AH
CHAPTER 3: PROJECT DESCRIPTION
This chapter provides a description of the proposed project with a clear explanation for the
need, content and scope of the project. The chapter is divided into 3 sections.
Statement of Need
B
Short argumentation for the need for the project, including identification of the aim and
beneficiaries of the project.
SA
Concept and Phases
This section introduces the project concept and the intentions of the project proponent. Each
phase of project activity shall be described separately. Planned or possible future project
expansions shall also be described.
Description of Location
This section shall make it possible to assess the existing location and environment in and
D
around the project area. The section shall consist mainly of location maps, photos and other
visual information, but shall also include a brief site description, including the pertinent
features in the project area, for example rivers, mangroves, hill slopes, etc.
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Maps, Descriptions, etc.
The site descriptions, geographical and visual information provided shall include:
(a) Photographs of the existing environment in the project and surrounding area;
(b) Location, including longitude/latitude or UTM co-ordinates and geographic boundaries
of the project area and the assessment area;
(c) Local plan development and requirements;
(d) Location of nearby land owned or leased by the project proponent;
(e) Land use and existing environment of project site and surrounding areas;
(f) Ongoing developments within the project area or adjacent area;
(g) Position and distance of nearest protected area, sensitive or undisturbed habitat;
(h) Drainage/hydrology indicating watershed system surrounding the project area; and
(i) Slope map derived from 1:10,000 topographic map or larger.
46
The environmental consultant is also expected to provide additional information such as:
(a) Cadastral plan;
(b) Visualisations, for example before/after;
(c) Three-dimensional slope aspect maps;
(d) Other land titles in surrounding areas; and
(e) Proposed/planned development activities in surrounding areas.
Project Status
AH
A description of the status of implementation of the project shall be provided under this
section. Is the project on the planning stage? Has implementation begun and if so, which
activities have been undertaken when and where?
The section shall also include a concise overview of the approval procedures for the project.
What approvals are needed and when? What approvals have already been received,
submitted and/or will be submitted, when submitted, and from which authority?
CHAPTER 4: IMPACT PREDICTION AND EVALUATION
B
This chapter describes the impact assessments of the environmental issues identified in the
scoping note or TOR of the study. Additional environmental issues identified during the
study shall also be included and assessed. This chapter shall contain 3 sections.
SA
Significant Environmental Impacts
This section describes in brief the environmental impacts that have been evaluated to be
likely the most significant and thus become a prioritised issue.
Matrix
The section describes the assessment matrix of the key environmental impacts in relation to
the project cycle and provides an overview of all adverse environmental impacts evaluated in
D
the study.
The matrix format divides the impacts into stages. As in the scoping exercise, the study shall
be divided according to the project life cycle such as:
(a) exploration and construction/implementation stage;
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(b) operational, production and maintenance stage; and

(c) abandonment stage.
Environmental assessment/ Magnitude Permanence Reversibility Cumulative

Main adverse environmental
impacts
Exploration and construction/
implementation stage
Operational, production and
maintenance stage
Abandonment stage
47
All environmental impacts identified in the study shall be assessed according to the criteria
and scores as follows:
(a) Magnitude of change/effect. Score: 1- change/effect only within the project site, 2 -
change/effect to local conditions and/or to areas immediately outside project site, 3 -
change/effect at regional/ national/ international level
(b) Permanence of the impact. Score: 1 - no change/not applicable, 2 - temporary; 3 -
permanent
AH
(c) Reversibility of the condition. Score: 1 - no change/not applicable, 2 - reversible, 3 -
irreversible
(d) Cumulative impact. Score: 1 - no change/not applicable, 2 - non-cumulative/single, 3 -
cumulative.
Impact assessment
In this section, each of the environmental impacts listed in the assessment matrix shall be
assessed and prioritised. For each environmental impact, the specific methodology of review,
B
data collection and analysis shall be described and the results of the analysis and conclusions
of the assessment presented. The methodologies used for the review, data collection and
analysis are to be clearly stated and documented.
SA
The results of the analysis and conclusion of the assessments have to be presented in a clear
and concise manner. The conclusion must clearly and specifically summarise the results of
the analysis and must correspond to the scores given in the assessment matrix. It is important
to refer to existing environmental guidelines, and published literature and case studies in the
analysis and drawing up of conclusions.
It should be noted that under section 56 of the Environment Protection Enactment 2002, any
person who willfully deceives the Director shall be guilty of an offence, and shall, on
conviction, be liable to a fine not exceeding ten thousand ringgit or an imprisonment for a
term not exceeding one year or both fine and imprisonment.
D
CHAPTER 5: RECOMMENDED MITIGATION MEASURES
This chapter describes the recommended and possible mitigation measures for the
environmental impacts assessed in chapter 4 of the report. Adverse impacts that cannot be
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mitigated must be highlighted. The chapter shall contain 2 sections.
Recommendations
This section gives an account of the priority list of the most important mitigation measures
that the project proponent shall adopt, as recommended by the environmental consultant.
Data collection and assessment of the recommended mitigation measures shall be properly
documented.
It is important that the environmental consultant works closely with the project proponent in
preparing the shortlist of recommended mitigation measures in order to ensure that the
mitigation measures are practical, cost-effective and at the same time sufficient to abate the
environmental impacts.
48
The recommended mitigation measures shall provide the basis for the preparation of the
Agreement of Environmental Conditions to be agreed upon by the project proponent and the
Department.
Each of the recommended mitigation measures shall be described in detail. This includes for
example when and how the recommended mitigation measures should be incorporated into
the detailed project design and in the construction contract documents. Wherever possible,
the cost-estimations for all proposed mitigation measures should be provided.
AH
Additional Mitigation Measures
This section describes the additional mitigation measures which may include measures that:
(a) should be implemented, even though they are directed towards addressing adverse
environmental impacts of minor significance;
(b) have been analysed and assessed, but for some reasons, (e.g. not cost-effective), were
considered inappropriate to implement; or
B
(c) are indirectly linked to the development project, (e.g. rehabilitation efforts in adjacent
areas).
The additional mitigation measures, after being reviewed by the department and Review
Panel, may be included in the Agreement of Environmental Conditions.
SA
CHAPTER 6: RECOMMENDED MONITORING PROGRAMME
This chapter describes the recommended monitoring programme for:

(a) compliance of the recommended mitigation measures; and
(b) the residual impacts of the project on the environment.
Compliance of Mitigation Measures

D
This section clearly outlines methods to monitor the compliance of the recommended
mitigation measures. The methods shall be designed in such a way that it will be possible for
the project proponent to demonstrate that the mitigation measures are fully and effectively
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implemented. The methods shall specify details on how compliance of the recommended
mitigation measures will be monitored and shall include description of the following:
(a) Methodology to check that actual implementation of recommended mitigation measures

has taken place;
(b) Location of mitigation measures and monitoring sites on maps and photographs;
(c) Time schedule indicating frequency of site visits in relation to the project duration;
(d) Periodic reporting; and
(e) Methods and schedule of audit/review of results.
49
Residual Impacts
This section clearly describes the recommended monitoring programme that will measure
key residual environmental impacts of the project. The programme shall be designed in such
a manner that the project proponent can demonstrate that the impacts of the identified key
environmental issues are acceptable within the standards or threshold set. The monitoring
programme shall also specify details on how the key adverse environmental changes will be
monitored, and among others shall include the following:
(a) Indicators for key environmental issues.
(b) Environmental standards and the application in relation to the project.
AH
(c) Methodology, location and schedule. The methodology for monitoring shall be clearly
described. Maps, photographs and co-ordinates of proposed sampling points shall be
presented. Regular monitoring in accordance with a recommended time schedule shall
be provided.
(d) Responsibilities of the project proponent. The project proponent shall provide adequate
staffing and budget, and consultancy requirements to ensure the proper implementation
of the monitoring programme. The estimated budget shall be provided. A description on
how the monitoring programme will be incorporated into the detailed project design and
B
contract documents shall also be provided.
(e) Monitoring reporting including responsibility and schedule.
REPORT: ANNEXES
SA
Annexes shall constitute all information not immediately relevant to the main text of the
report and shall include the following:
Annex 1: Baseline Environmental Data and Information
This annex shall include additional relevant information, maps and photographs of the
existing environment at the proposed development site not included in chapter 3 of the
report. The annex shall primarily include description of immediate relevance to the impact
assessment and the recommendations made in chapters 4-6 of the report.
D
Annex 2: Methodologies and Analysis of Data
This annex describes the methodologies applied in the assessment of environmental impacts,
and mitigation measures with the appropriate references. All data collected, modeled and
extrapolated during the study shall be provided. Environmental sampling reports, for
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example data on ambient air, noise levels, and water quality shall be presented in detail.
Annex 3: List of References
This annex provides a listing of references used for the preparation of the report.
Annex 4: Scoping Note or Terms of Reference of study including activities undertaken

by the environmental consultant
This annex describes all other relevant information for the review of the report, for example:
(a) Description of scoping note or TOR of the study;
(b) List of consultations held; and
(c) Details of involvement of key stakeholders (how, when, who).
50
REFERENCES
Barrow, J. (1997) Environmental and Social Impact Assessment: an Introduction. Arnold,

London.
Danish Ministry of Environment and Energy, 1995. Environmental Impact Assessment in
Denmark.
Danish Ministry of Environment and Energy, 1995. Strategic environmental assessment of
bills and other government proposals. Examples and experiences.
AH
Department of Environment, 1995. Environmental Impact Assessment Guidelines,
Department of Environment, Ministry of Science, Technology and Environment, Malaysia
Department of Environment, 1995. Environmental Impact Assessment Guidelines For Dams
and/or Reservoirs Projects, Department of Environment, Ministry of Science, Technology
and Environment, Malaysia. EG 8/95
Department of Environment, 1995. Environmental Impact Assessment Guidelines For
Development of Resort and Hotel Facilities in Hill Stations, Department of Environment,
B
Ministry of Science, Technology and Environment, Malaysia, EG 8/95
Forestry, Department of Environment, Ministry of Science, Technology and Environment,
Malaysia, EG 1/98
SA
Coastal and Land Reclamation, Department of Environment, Ministry of Science,
Technology and Environment, Malaysia, EG 2/98.
Environmental Conservation Department, (2001). Handbook For Environmental Impact
Assessment (EIA) in Sabah.
Gilpin, Alan, 1995. Environmental Impact Assessment. Cutting edge for the twenty-first
century.
Natural Resources and Environment Board (1995) A Handbook of the Policy and Basic
Procedure of Environmental Impact Assessment (EIA) in Sarawak. Natural Resources and
D
Environment Board, Kuching Sarawak.

Pastakia, C.M.R. (1998). The Rapid Impact Assessment Matrix (RIAM) - A New Tool for
Environmental Impact Assessment. In: Kurt Jensen (ed..), Environmental Impact
Assessment Using the Rapid Impact Assessment Matrix (RIAM), Olsen & Olsen,
EP
Fredensborg, Demark
Sentian, J. and P.M. Tuah (2001). Environmental Impact Assessment. Legislations,
Procedures and Issues in Malaysia. Universiti Malaysia Sabah.
Wathern, P. (ed.) Environmental Impact Assessment: Theory and Practice, Routledge,
London.
51
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It is our primary objective to implement an environmental assessment system that will

Datuk Eric Juin

Environment Protection Department

3. PROPOSAL FOR MITIGATION MEASURES 12

4. ENVIRONMENTAL IMPACT ASSESSMENT 20

4.2 Selection of Environmental Consultants 21

4.5 Undertaking the Environmental Impact Assessment Study 23

Annex 2: Guideline for preparation of scoping note 34

Annex 3: Methodology of the assessment study 38

Annex 4: Chapter-by-chapter recommendations for content of 45

1.1 Scope of Handbook

This handbook is issued under section 15 of the Environment Protection Enactment

(a) deciding whether a designated project is a prescribed activity;

(b) the preparation of the scoping note;

(f) the issue of environmental approval and non-approval;

(g) the formulation of conditions of the mitigation declaration and agreement of

(h) the environmental monitoring programme and audit requirements.

“Director” in this handbook refers to the Director of the Environment Protection

1.2 Objectives of Environmental Impact Assessment

The objectives of environmental impact assessment are:

adverse impact on the community and environment likely to be affected by the

(c) To formulate and incorporate appropriate abatement and mitigating measures

(d) To determine appropriate and effective programmes for monitoring

Benefits may include the following:

(a) It presents the information required by the authorities in a structured manner

Under the Environment Protection (Prescribed Activities) (Environmental Impact

2.1 Proposal for Mitigation Measures Report

A proposal for mitigation measures report comprises a proposal or series of proposals

An environmental impact assessment report comprises a report or series of reports

2.2.1 Types of Environmental Impact Assessment (EIA) Studies

(a) Extent of focus of primary issues of concern;

(b) Environmental sensitivity of location;

(c) Magnitude of potential impacts;

(d) Geographical extent of potential impacts;

(e) Significance to government policies and guidelines; and

(f) Local sensitivities such as aesthetic or cultural concern.

Public hearing shall be conducted for Special-EIAs. This provides a two-stage

environmental consultant’s office. Written responses to the views and comments by

The steps involved are as follows:

Step 1: Project screening Project proponent

Step 3: Preparation of scoping notes Environmental consultant

Step 5: Preparation of Proposal for Environmental consultant

Step 6: Submission of Proposal for Environmental consultant

and finalise the report for approval by the

Step 7: Preparation of the Mitigation Project proponent/environmental consultant

The project proponent is advised to engage an environmental consultant registered

3.3 Preparation of Scoping Note

3.4 Undertaking the Proposal for Mitigation Measures Study

The study shall consist of three main assessments:

(a) assessment of the environmental impacts of the project;

(b) assessment of mitigation measures; and

(c) assessment of monitoring programme.

3.6 Submission of Proposal for Mitigation Measures Report

3.6.1 Review of Report

(a) a critical review of the assessment of environmental impacts, the proposed

(b) to request for additional information if deemed necessary.

(a) each of the environmental issues being investigated;

(b) government policies and plans; and

An environmental non-approval of the proposed project may occur if:

the project contradicts governmental policies and plans; or