BCT 533:

ENVIRONMENTAL
GREEN STUDIES

Environmental Policies, Laws and Regulations

Introduction
“Environment”- the “Green” – tending to
surroundings or preserve environmental
conditions in which a quality (as by being
person, animal, or recyclable,
plants lives or operates. biodegradable, or
nonpolluting).
 Environmental Declarations and Agreements
(Source: Ministry of the Environment, FINNISH GOVERNMENT
http://www.ym.fi/en-US/International_cooperation/International_environmental_agreements)

 1988 Sofia Protocol concerning the

Climate protection
Control of Emissions of Nitrogen
Oxides or their Transboundary
 1979 Geneva Convention on Long- Fluxes
range Transboundary Air Pollution  1991 Geneva Protocol concerning
 1984 Geneva Protocol on Long-
the Control of Emissions of Volatile
term Financing of the Cooperative Organic Compounds or their
Programme for Monitoring and Transboundary Fluxes
Evaluation of the Long-range  1994 Oslo Protocol on Further
Transmission of Air Pollutants in Reduction of Sulphur Emissions
Europe (EMEP)  1998 Aarhus Protocol on Heavy
 1985 Helsinki Protocol on the Metals
Reduction of Sulphur Emissions on
 1998 Aarhus Protocol on Persistent
their TranspoundaryFluxes by at
Organic Pollutants (POPs)
 Environmental Declarations and
Agreements
Ozone layer

 Vienna Convention for the Protection of the Ozone Layer (1985)

 Montreal Protocol on Substances that Deplete the Ozone Layer
(1987)
Climate change

 United Nations Framework Convention on Climate Change (1992)

 Kyoto Protocol (1997)
 Paris Agreement (2016)
 Environmental Declarations
Agreements
arine, water and environmental protection
 Agreement Between Denmark, Finland, Iceland, Norway and
 Convention on the Protection of the Marine Environment of
the Baltic Sea Area (Helsinki Convention, 1992)
 Convention for the Protection of the Marine Environment of
the North-East Atlantic (OSPAR Convention, 1992)
 Convention on the Protection and Use of Transboundary
Watercourses and International Lakes (UNECE Water
Convention, 1992)
 Protocol on Water and Health (1999)
 Protocol on Civil Liability (2003; not yet ratified by Finland,
not yet in force internationally)
 International Convention Relating to Intervention on the High
Seas in Cases of Oil Pollution Casualties (IMO, 1969
Intervention Convention)
 1973 Protocol relating to Intervention on the High Seas in
Cases of Pollution by Substances other than Oil (IMO, 1973
Intervention Protocol)
 International Convention on Oil Pollution Preparedness,
Response and Co-operation (IMO/OPRC, 1990)
 Protocol on Preparedness, Response and Co-operation to
Pollution Incidents by Hazardous and Noxious Substances
and
Sweden concerning Cooperation in Taking Measures against
Pollution of the Sea by Oil or other Harmful Substances
(1993, supersedes the 1971 agreement)
 Agreement between Denmark, Finland, Norway and Sweden
concerning Cooperation in Taking Measures against Pollution
of the Sea by Oil (1971)
 Convention on the Prevention of Marine Pollution by
Dumping of Wastes and Other Matter (IMO, London
Convention 1972)
 Protocol to the Convention on the Prevention of Marine
Pollution by Dumping of Wastes and Other Matter (1996
London Protocol) (not yet ratified by Finland)
 Agreement on the Implementation of a European Project on
Pollution on the Topic "Sewage Sludge Processing" (1973)
 The Nordic Environmental Protection Convention (1974)
 Agreement regarding the Establishment of the Nordic
Environment Finance Corporation (NEFCO) (Agreement
between the Governments of Denmark, Finland, Iceland,
Norway and Sweden, 1998)
 Agreement with NEFCO on the Establishment of the Baltic
Sea Region Testing Ground Facility (2003)
 Protocol on Environmental Protection to the Antarctic Treaty
 Environmental Declarations and
Agreements
Waste management Prevention of environmental
 Basel Convention on the Control of damage caused by chemicals
Transboundary Movements of  Rotterdam Convention on the Prior
Hazardous Wastes and their Disposal Informed Consent Procedure for
(1989) Certain Hazardous Chemicals and
 Basel Protocol on Liability and Pesticides in International Trade
Compensation (1999) (not yet ratified (PIC Convention, 1998)
by Finland, not yet in force  Stockholm Convention on
internationally) Persistent Organic Pollutants (POPs
 Decision of the OECD Council Convention, 2001)
concerning the Control of Transfrontier
Movements of Wastes Destined for
Recovery Operations (1992)
 Hong Kong International Convention for
 Environmental Declarations and
Agreements
Environmental impact assessment
 Convention on Environmental Impact
Assessment in a Transboundary Context (Espoo
Convention, 1991)
 UNECE Protocol on Strategic Environmental
Assessment (Protocol on SEA, 2003)
Landscape
 European Landscape Convention (2000)
Environmental Declarations and
Agreements
Protection of flora and fauna and biological diversity
 Convention on Biological Diversity (CBD) (Biodiversity Convention, 1992)
 Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising
from their Utilization (Nagoya Protocol, 2010)
 Cartagena Protocol on Biosafety (2000)
 Nagoya – Kuala Lumpur Supplementary Protocol on Liability and Redress to the Cartagena Protocol on
Biosafety (2010), not yet in force internationally.
 International Convention for the Regulation of Whaling (1946)
 Statutes of the International Union for Conservation of Nature and Natural Resources (IUCN, 1948)
 Convention on Wetlands of International Importance especially as Waterfowl Habitat (Ramsar
Convention, 1971)
 Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES Convention,
1973)
 Convention on the Conservation of Migratory Species of Wild Animals (Bonn Convention, 1979)
 Agreement on the Conservation of Small Cetaceans of the Baltic and North Seas (ASCOBANS, 1992,
under the framework of the Bonn Convention)
 Agreement on the Conservation of Populations of European Bats (EUROBATS, 1991, under the
framework of the Bonn Convention)
 Agreement on the Conservation of African-Eurasian Migratory Waterbirds (AEWA, 1996, under the
 Environmental Declarations and
Agreements
Russia
Bilateral agreements • Agreement between the Government of the Republic of
Sweden Finland and the Government of the Russian Federation on
• Agreement on movements of waste in the border areas Cooperation in the Field of Environmental Protection (1992)
(2016) • Agreement between the Government of the Republic of
Norway Finland and the Government of the Russian Federation on
• Agreement on a Finnish-Norwegian Frontier Water Co-operation in Combating Pollution of the Baltic Sea in
Commission (1980) Accidents Involving Oil and other Harmful Substances
Poland (1989)
• Agreement between the Government of the Republic of • Action Programme for the Purpose of Limiting and Reducing
Finland and the Government of Poland on Cooperation in the Deposition and Harmful Effects of Air Pollutants
Energy Savings and in the Field of Environmental Emanating from Areas Near the Common Border of Finland
Protection (1990) and Russia (1989)
Romania
• Agreement between the Government of the Republic of • Agreement between the Government of the Republic of
• Agreement between
Finland and the the Government
Government of Cooperation
of Poland on the Republicin of Finland and the Government of the Russian Federation on
Finland
the Fieldand the Government
of Environmental of Romania
Protection on Co-operation
(1990) the Establishment of a Mutual Friendship Conservation Area
Concerning Joint Implementation and International (1989)
Emissions Trading Pursuant to the Kyoto Protocol to the • Action Programme on the Reduction of Pollution and the
United Nations Framework Convention on Climate Change Implementation of the Protection of the Marine
(2006) Environment in the Baltic Sea and in other Areas close to
Bulgaria the Common Border of the Republic of Finland and the
• Framework Agreement between the Government of the Russian Federation (1992)
Republic of Finland and the Government of the Republic of • Agreement between the Government of the Republic of
 Environmental Declarations and
Agreements
Bilateral agreements
Estonia
• Agreement between the Government of the Republic of Finland and the Government
of the Republic of Estonia in the Field of Environmental Protection (1991)
• Agreement between the Government of the Republic of Finland and the Government
of the Republic of Estonia on Cooperation in the Field of Air Protection (1993)
• Agreement between the Government of the Republic of Finland and the Government
of the Republic of Estonia on Cooperation in the Field of Water Protection (1999)
• Agreement between the Government of the Republic of Finland and the Government
of the Republic of Estonia on Cooperation in Combatting Pollution in the Marine
Environment and the related Protocol (1993)
• Agreement between the Government of the Republic of Finland and the Government
of the Republic of Estonia on Environmental Impact Assessment in a Transboundary
Context
• Agreement between the Government of the Republic of Finland and the Government
of the Republic of Estonia on joint implementation of emissions reductions of
 United Nations Framework Convention on
Climate Change (1992)
• The UNFCCC is a “Rio Convention”, one of three adopted at the
“Rio Earth Summit” in 1992.
• The UNFCCC entered into force on 21 March 1994.
• The objective of the United Nations Framework Convention on
Climate Change (UNFCCC) is to stabilize greenhouse gas (GHG)
concentrations in the atmosphere at a level that would prevent
and reduce dangerous human-induced interference with the
climate system. The ability of the international community to
achieve this objective is dependent on an accurate knowledge of
GHG emissions trends, and on the collective ability to alter these
trends.
 United Nations Framework Convention on
Climate Change (1992)
The Convention divides countries into three main groups according to
differing commitments:

• Annex I Parties include the industrialized countries that were

members of the OECD (Organisation for Economic Co-operation and
Development) in 1992, plus countries with economies in transition
(the EIT Parties), including the Russian Federation, the Baltic States,
and several Central and Eastern European States.

• Annex II Parties consist of the OECD members of Annex I, but not the
EIT Parties. They are required to provide financial resources to enable
developing countries to undertake emissions reduction activities
under the Convention and to help them adapt to adverse effects of
 United Nations Framework Convention on
Climate Change (1992)

• Non-Annex I Parties are mostly developing countries. Certain groups of developing

countries are recognized by the Convention as being especially vulnerable to the
adverse impacts of climate change, including countries with low-lying coastal
areas and those prone to desertification and drought. Others (such as countries
that rely heavily on income from fossil fuel production and commerce) feel more
vulnerable to the potential economic impacts of climate change response
measures. The Convention emphasizes activities that promise to answer the
special needs and concerns of these vulnerable countries, such as investment,
insurance and technology transfer.

• The 49 Parties classified as least developed countries (LDCs) by the United

Nations are given special consideration under the Convention on account of their
limited capacity to respond to climate change and adapt to its adverse effects.
Parties are urged to take full account of the special situation of LDCs when
 United Nations Framework Convention on
Climate Change (1992)

Industrialized countries (Annex I)

• have to report regularly on their climate change policies and
measures, including issues governed by the Kyoto Protocol (for
countries which have ratified it).

• They must also submit an annual inventory of their greenhouse gas

emissions, including data for their base year (1990)and all the years
since.

Developing countries (Non-Annex I Parties)

• report in more general terms on their actions both to address climate
change and to adapt to its impacts - but less regularly than Annex I
United Nations Conference on Environment
and Development (UNCED) or Earth Summit

1992
Held in Rio de Janeiro, 3-14 June 1992.

The Earth Summit Agreements

Three major agreements aimed at changing the traditional approach
to development:
 Agenda 21 — a comprehensive programme of action for global
action in all areas of sustainable development;
 The Rio Declaration on Environment and Development — a series
of principles defining the rights and responsibilities of States;
 The Statement of Forest Principles — a set of principles to underlie
the sustainable management of forests worldwide.
United Nations Conference on Environment
and Development (UNCED) or Earth Summit
1992

The United Nations Framework Convention on Climate Change and

The Convention on Biological Diversity efforts were two legally
binding Conventions opened signature at the Summit which aimed at
preventing global climate change and the eradication of the diversity
of biological species.

Agenda 21 addresses today’s pressing problems and aims to prepare

the world for the challenges of the next century.
 United Nations Conference on Environment
and Development (UNCED) or Earth Summit
1992
The Rio Declaration on Environment and Development supports
Agenda 21 by defining the rights and responsibilities of States
regarding these issues. The principles are as follows:
 That human beings are at the centre of concerns for sustainable
development. They are entitled to a healthy and productive life in harmony
with nature;
 That scientific uncertainty should not delay measures to prevent
environmental degradation where there are threats of serious or irreversible
damage;
 That States have a sovereign right to exploit their own resources but not to
cause damage to the environment of other States;
 That eradicating poverty and reducing disparities in worldwide standards of
living are “indispensable” for sustainable development;
 That the full participation of women is essential for achieving sustainable
development; and
 Kyoto Protocol
• The Kyoto Protocol is an international agreement linked to the United
Nations Framework Convention on Climate Change, which commits its
Parties by setting internationally binding emission reduction targets.

• Recognizing that developed countries are principally responsible for the

current high levels of GHG emissions in the atmosphere as a result of
more than 150 years of industrial activity, the Protocol places a heavier
burden on developed nations under the principle of "common but
differentiated responsibilities."

• The Kyoto Protocol was adopted in Kyoto, Japan, on 11 December 1997

and entered into force on 16 February 2005.
Department
of
Environment
Malaysia
(DOE)
 Department of Environment (DOE), Ministry
of Natural Resources and Environment
Malaysia.
• The department is responsible for ensuring sustainable development
in the course of national development while ensuring a clean,
healthy and safe environment for its people.

• DOE is also a disseminator of information, skills and ideas for the

development of the people’s minds towards continual appreciation
of the natural environment. This includes the promotion of self-
regulation by industries and the general public.

• The approaches and environmental management strategies are

continually revised and improved in line with the rapid development
of technology, legislation, ICT and emerging environmental issues
either nationally or internationally.
 Department of Environment (DOE), Ministry
of Natural Resources and Environment
Malaysia.

Vision

Environmental Conservation for the Well-being of the People.

Mission

To ensure sustainable development in the process of nation

building.
 The Main Functions of DOE
• to prevent, eliminate, control pollution and improve the environment,
consistent with the purposes of the Environmental Quality Act 1974,
and
• the regulations under DOE is also responsible for the implementation
of the resolutions decided by the conventions of the international
environment such as Vienna Convention for the protection of the
Ozone Layer 1985, Montreal Protocol on Substances That Deplete the
Ozone Layer, 1987, the Basel Convention on the Transboundary
Movement of Hazardous Waste and Their Disposal Act 1989 and other
areas while the success of programs of bilateral cooperation and
multilateral cooperation between Indonesia, Singapore and other
ASEAN countries on environmental management.
 Core Services of DOE
Core services implemented by the DOE Headquarters Divisions, states
and branches as follows:
Main Function of the Enforcement Division Headquarters
• To develop strategy and direction of the enforcement action
and compliance targets for stationary sources premises and
mobile sources.
• To manage and handle cases of environmental pollution
complaints.
• To manage and
• analyze data related to enforcement action.
• To plan, develop and implement an audit program
investigating officers to the DOE.
 Core Services of DOE
Primary Function of the Air Division Headquarters
• The main function is to ensure that air quality is kept clean and preserved for

the people.
Primary Function of the Water and Marine Division Headquarters
• To monitor the enforcement program and control of marine pollution oil spill;

• regulate and monitor water quality monitoring program, groundwater and

marine monitoring data management and reporting;

• implement and monitor river research and prevention programs inland water

pollution control (including stationary sources and causes of non-permanent),

and
• manage the affairs of the foreign relations of the preservation of the marine

environment.
 Core Services of DOE
Primary Function of the Hazardous Substances Division
Headquarters
• Planning and implementing management strategies substance /
hazardous waste.
• Formulate regulations, guidelines, and Standard Operations
Procedure (SOP) of wastes / hazardous substances and
contaminated soil.
• Implement and comply with the International Convention on the
material / hazardous waste.
• Regulating the treatment and disposal license wastes.
• Coordinate operations management actions illegal disposal of
 Core Services of DOE
Primary Function of the Assessment Division Headquarters
• Implement laws relating to Section 34A of the Environmental Quality
Act 1974 and the Environmental Quality (Prescribed Activities)
(Environmental Impact Assessment) Regulations 1987.
Primary Function of Environmental Awareness and Education
Planning Division Headquarters
• To identify and develop strategies and methods of environmental
awareness and promotion programs that effectively to the public,
industry, youth, women, NGOs and Workers Association.
Primary Function of EiMAS Including the Green Industry Unit
• To Identify the needs design and implement training programs in the
Department agencies as well as the industry.
 Core Services of DOE
Primary Function of DOE States Offices
• Implement the enforcement program EQA 1974 and the
regulations promulgated thereunder.
• To conserve and enhance the quality of the environment.
• Monitoring and control of air pollution from factories, vehicles
and open burning.
• To provide advice to developers development.
• To provide input and advice to the State Government and local
authorities in the planning of development projects.
• To carry out an investigation into alleged environmental
contamination.
 National Policy on the Environment (DASN)

National Policy on the Environment (DASN) has been established

for:
• Continuous economic, social and cultural progress; and
• Enhancement of the quality of life of Malaysians through
environmentally sound and sustainable development.

The objectives of DASN are to achieve;

(1) A clean environment, safe, healthy and productive environment
for present and future generations,
(2) Conservation of country’s unique and diverse cultural and
natural heritage with effective participation by all sectors of
society, and
 National Policy on the Environment (DASN)

There are eight (8) principles listed under DASN to harmonise

economic development goals with environmental imperatives:

 Stewardship of the Environment

 Conservation of Nature’s Vitality and Diversity
 Continuous Improvement in the Quality of the Environment
 Sustainable Use of Natural Resources
 Integrated Decision-Making
 Role of the Private Sector
 Commitment and Accountability
 Active Participation in the International Community
ENVIRONMENTAL
QUALITY ACT 1974
Environmental Quality Act 1974

An Act relating to the prevention,

abatement, control of pollution and
enhancement of the environment, and
for purposes connected therewith.

Environmental Quality Act 1974

 Environmental Quality Act 1974

Few amendments have been made for this act as follows:

 Environmental Quality Act 1974 - ACT 127
 Environmental Quality (Amendment) Act 1985 - ACT
A636
 Environmental Quality (Amendment) Act 1996 - ACT
A953
 Environmental Quality (Amendment) Act 1998 - ACT
A1030
 Environmental Quality (Amendment) Act 2001 - ACT
A1102
 Environmental Quality (Amendment) Act 2007 - ACT
 ENVIRONMENTAL
IMPACT ASSESSMENT
(EIA)
 What is Environmental Impact
Assessment?

EIA is a study to identify, predict, evaluate and

communicate information about the impacts on the
environment of a proposed project and to detail out the
mitigating measures prior to project approval and
implementation.
 Why Do We Need EIA?
 EIA is essentially a planning mechanism for preventing
environmental problems due to an action.
 It ensures that the potential problems are foreseen and addressed at
an early stage in the project planning and design.
 This will avoid costly mistakes in project implementation, either
because of the environmental damages that are likely to arise during
project implementation, because of modifications that may be
required subsequently in order to make the action environmentally
acceptable.
 When EIA is integrated into the existing planning and decision-
making structure, it provides additional information towards a better
decision-making.
What to Consider Prior to EIA
study?

Project concept
• Project proponent must make sure that the concept of the
proposed projects does not contradict any development plan,
policies or any decisions of the Government of Malaysia prior
to the EIA Study, namely (but not limited to the following):
 National Physical Plan
 Structure Plan
 Local Plan
 Regional Plan (inter-state planning)
 Agreement between the Goernment of Malaysia and Kualiti
alam Sdn. Bhd. On the disposal of scheduled wastes in
malaysia.
What to Consider Prior to EIA
study?
 Agreement between the Government of Malaysia and Pantai
Medivest Sdn. Bhd., Faber Mediserve Sdn. Bhd. And
Radicare Sdn. Bhd. On the disposal of clinical wastes from
Government Hospitals.
 Guidelines on Highland Development (Garispanduan
Pembangunan di Kawasan Tanah Tinggi).
 Guideline on Siting and Zoning of Industries.
 What to Consider Prior to EIA
study?
Site Selection
• The criteria for selecting a new site normally include engineering,
environmental and economic aspects.
• Some of these criteria limit the choice of potential sites to a given few.
• These sites are then investigated further for their suitability through
site visits and analysis of the existing information.
• During this stage, measures to protect the environment and resolve
socio economic issues are also considered.
• If the project is situated on private/individual land or near waterways,
and alternative users will be affected by the project, the issue of
compensation and offset investment should be addressed in the EIA.
 What to Consider Prior to EIA
study?
• Project proponent is encouraged not to select site which is located in or
adjacent to Environmentally Sensitive Areas (ESA), as defined in
National Physical Plan (April 2005).
• ESA shall be integrated in the planning and management of land use
and natural resources to ensure sustainability development.
• The management of ESA shall be guided by the following criteria:
 ESA Rank 1
 ESA Rank 2
 ESA Rank 3
• The areas defined as environmentally sensitive as demarcated in IP8 of
the National Physical Plan are
 ESA Rank 1
 ESA Rank 2
 Legal Requirement of EIA
In Malaysia, EIA is required under section 34A, Environmental
quality Act, 1974 which specifies the legal requirements in
respect of EIA for Prescribed Activities:
 It empowers the Minister of Natural Resources and
Environmenta after due consultation, to prescribe any
activity which may have significant environmental
impact as a “Prescribed Activity”.
 The section further requires the Project Proponant of
a Prescribed Activity to submit a report (the EIA) to
the Director General of Environmental Quality before
approval for the proposed activity is granted by the
Legal Requirement of EIA
 The EIA report must:
o be in accordance with the guidelines issued by
the DOE;
o Contain an assessment of the impact of the
Prescribed Activity on the environment; and
o Detail the proposed measures that shall be
situated to prevent, reduce or control adverse
impacts on the environment.
Which Activities are Subject
to EIA?
Activities subject to EIA are prescribed
under Environmental Quality (Prescribed
Activities) (Environmental Impact
Assessment Order, 1987).
 APPENDIX 4

List of Prescribed Activities Which Require Detailed EIA

1. Iron and steel industry.

2. Pulp and paper mills.
3. Cement plant.
4. Construction of coal fired power plant.
5. Construction of dams for water supply and hydroelectric
power schemes.
6. Land reclamation.
7. Incineration plant (scheduled wastes & solid wastes).
8. Construction of municipal solid waste landfill facility (including
municipal solid waste transfer station).
9. Project involving land clearing where 50% of the area or more
having slopes exceeding 25 degrees (except quarry).
10. Logging covering an area exceeding 500 hectares or more.
11. Development of tourist or recreational facilities on islands in
surrounding waters which are gazetted as national marine
parks.
12. Construction of recovery plant (off-site) for lead-acid battery
wastes
13. Scheduled wastes recovery or treatment facility generating
significant amount of wastewater which is located upstream of
public water supply intake.
 Who Can Conduct EIA Study?
• An EIA Study has to be conducted by competent
individuals who are registered with the Department of
Environment under the EIA Consultant Registration
Scheme.
• The DOE will reject EIA reports which are conducted by
individuals who are not registered with the Department.
• As such, the project proponent or EIA study team leader
has to ensure that all members in the EIA study team
are registered with the Department of Environment.
 How to Conduct EIA?
• In the preparation of EIA reports, project
proponents and EIA consultants may refer to “A
Handbook of Environmental Impact Assessment
Guidelines” (Fourth Edition) 2007 and EIA
Guidelines for specific activities published by the
Department of Environment and other relevant
guidelines published by other agencies.
 How to Conduct EIA?
Project Approving Authority
• All prescribed activities need to obtain EIA approval
from the Director General of Environment rpior to the
giving approval by the relevant Federal or State
Government authority for the implementation of the
project.
• The Approving Authority is the Government Authority
that has the task of deciding, whether or not a project
should proceed.
 How to Conduct EIA?
The authorities include the following:
 The National Development Planning Committee for Federal
Government sponsored projects.
 The respective State Planning Authorities for State Government
sponsored projects.
 The Regional Development Authorities for the State Executive
Committee (EXCO)
 Ministry of International Trade and Industry (MITI) (with due
reference to the Malaysian Industry Development Authority
(MIDA) – for industrial projects.
 How to Conduct EIA?
Project Approving Authority
• All prescribed activities need to obtain EIA approval
from the Director General of Environment rpior to the
giving approval by the relevant Federal or State
Government authority for the implementation of the
project.
• The Approving Authority is the Government Authority
that has the task of deciding, whether or not a project
should proceed.
 The EIA Procedure in
Malaysia

The Principle Stage in EIA Process

 The EIA Process in Malaysia is designed to follow

the Integrated Project Planning Concept as shown

in Figure 1.
 EIA Procedure
There are two EIA procedures adopted
in Malaysia, namely:

Preliminary EIA
Detailed EIA
 Preliminary EIA

• The Preliminary EIA is assessment of impacts due to those

activities that are prescribed.
• The Preliminary EIA report is reviewed by a Technical
Committee consisting of the Department State Offices and
other relevant government agencies.
• The number of Preliminary EIA report to be submitted to the
department of Environment State Offices for review is 12
copies, and 3 copies plus a softcopy of the Executive
Summary of the Preliminary EIA report to the Department of
The
Preliminary
EIA
Procedure
 Detailed EIA
• Is a procedure undertaken for those projects with major/significant impacts to
the environment.
• The Detailed EIA involves EIA report display for the public and affected
community to comment.
• 1.Activities which
Iron and steel need to go through the Detailed EIA procedure are:
industry
9.
Project involving land clearing where 50% of the
2. Pulp and paper mills
area or more having slopes exceeding 25
3. Cement plant degrees (except quarry).
4. Construction of coal fired power plant
10. Logging covering an area exceeding 500 hectares
5. Construction of dams for water supply and
or more.
hydroelectric power scheme. 11. Development of tourist or recreational facilities
6. Land reclamation
on islands in surrounding waters which are
7. Incineration plant (scheduled wastes and
gazette as national marine parks.
solid waste.
12. Construction of recovery plant (off-site) for lead-
8. Construction of minicipal solid waste
acid battery wastes.
landfill facility (including municipal solid
13. Scheduled waste recovery or treatment facility
waste transfer station). generating significantEIA
amount of wastewater
 The Director General of Environment may request a Detailed for other prescribed
which is located upstream of public water supply
activities as he deems necessary. intake.
The Detailed
EIA
Procedure
 Detailed EIA

Terms of Reference

• A term of Reference (TOR) for EIA must be submitted by project

proponent for project which requires Detailed EIA.
• The TOR has to be project-related and site-specific, and based
on the Guidance Document Prepared by DOE.
 Detailed EIA
• Environmental data collections required, assessment procedures to be used
and appropriate methodologies for impact prediction and assessment must
be outlined in the TOR.
• The TOR should also be prepared in consultation with relevant agencies. The
TOR will be reviewed by DOE with the assistance of an ad hoc EIA Review
Panel.
• The number of copies of TOR to be submitted to the Department of
Environment is 35 copies.

Detailed EIA
• Detailed EIA is carried out based on specific terms of reference issued by an
ad hoc Review Panel appointed by the Director General.
• The EIA Report is reviewed by the ad hoc Review Panel chaired by the
Director General.
• The Department of Environment maintains a list of experts who may be
 Detailed EIA
(Terms of Reference)
APPENDIX 5

GENERAL GUIDANCE ON THE PREPARATION OF prediction and assessment. Thus this procedure is a vital
stage in the detailed EIA procedure.
TERMS OF REFERENCE FOR
DETAILED ENVIRONMENTAL IMPACT ASSESSMENT SUBMISSION OF TOR
REPORT
4. The DOE has revised the existing procedure for the
INTRODUCTION submission of TOR as shown in the flowchart in Annex 1.

1. For projects which have been determined by the Department OBJ ECTIVE
of Environment (DOE) to go through the detailed
environmental impact assessment (EIA) procedure, the 5. A significant number of TOR received by DOE for the Detailed
project proponent must submit the terms of reference (TOR) EIA report did not focus on key issues related to the specific
in accordance to the format outlined in specific EIA guidelines. project, resulting in poorly focused analysis and, time and
effort wasted in the overall EIA procedures.
2. A project proponent must make sure that the proposed project
concept and project location do not contradict any
development plans, policies or any decisions of the 6. Therefore, this document is prepared as a general guidance
Government of Malaysia prior to the submission of the TOR to project proponents in submitting a project-related and
for the Detailed EIA report, namely (but not limited to the site-specific TOR for the purpose of Panel Review process.
following):- This is crucial as it helps both parties in appreciating the real,
critical and sensitive issues of the projects to be focused on in
(i) National Physical Plan. the Detailed EIA study.
(ii) Structure Plan.
(ix) Local Plan. 7. The key aspect during the scoping process is to ensure the
(x) Agreement between the Government of Malaysia and environmental impact assessment is at the appropriate level
Kualiti Alam Sdn Bhd. on the disposal of scheduled of detail, corresponding with the scale and significance of the
wastes in Malaysia.
proposed activity. Scoping will ensure that the critical issues
(xi) Agreement between the Government of Malaysia and
Pantai Medivest Sdn. Bhd., Faber Mediserve Sdn.
are fully addressed.
Bhd. and Radicare Sdn. Bhd. on the disposal of
clinical wastes from Government Hospitals. TERMS OF REFERENCE (TOR)
(xii) Guidelines on Highland Development (Garispanduan
Pembangunan Di Kawasan Tanah Tinggi). 8. In preparing a project-related and site-specific TOR for the
(xiii) Guidelines on Siting and Zoning of Industries. Detailed EIA study, the project proponent and EIA consultant
shall be able to identify key issues related to the project being
3. The TOR or scoping exercise will identify key issues and proposed.
further outline the environmental data collection that are
required, determine the assessment techniques to be used 9. The contents of TOR shall be as in Annex 2.
and identify the appropriate methodologies for impact

35
 Detailed EIA
(Terms of Reference)
 Detailed EIA
(Terms of Reference)
 Detailed EIA
(Terms of Reference)
 The Review Process
Time taken for EIA Review
 The period allocated for a review of a Preliminary EIA report is
5 weeks while for a Detailed EIA report is 12 weeks.
How are EIA Reports Processed and Concluded?
 Preliminary EIA Reports are processed and concluded by the
Department of Environment State Offices including projects
within the Exclusive Economic Zone (EEZ).
 Detailed EIA Reports and projects involving more than one state
are processed at the Department of Environment Headquarters.
 The Review Process
Preliminary EIA Reports
 The organisational structure of the Preliminary EIA

Report processing and approval procedure set-up

at the Department of Environmental State Offices,
headed by the State Director, who is responsible
for approving or rejecting the EIA report.
 One-Stop Agency meetings with other relevant

agencies or departments are held in the review

process, where comments and verifications from
 The Review Process
Detailed EIA Reports
 The organisational structure of the Detailed EIA Report
processing and approval procedure set-up is headed by the
Director General of Environmental Quality who is responsible
for approving or rejecting the EIA report.
 The Detailed EIA Review Panel’s main task is to critically
review Detailed EIA Reports and formulate recommendations
to the relevant project approving authority.
 The Detailed EIA Review Panel is established on an ad hoc
basis specifically for a particular project.
 The Review Process
Consultations
 Although there is no requirement for notification and a project
proponent is under no formal obligation to consult the Department
of Environment about his proposal before submission of his EIA
Report, there are practical reason for doing so.
 The Department of Environment and other relevant departments
aften possess useful information in particular, data on
environmental quality, local problems, as well as aspects of the
project most likely to be of concerned and requiring emphasis in the
EIA Report.
 It would be benificial for all concerned if Project Approving
Authorities can advise potential project proponents as soon as a
 Activities Subject to EIA

Refer to
EIA Procedure and Requirement in Mala
ysia.
 REFERENCES
1. Ministry of the Environment (updated on 29 March 2017) Environment
Agreement, retrieved from http://www.ym.fi/en-
US/International_cooperation/International_environmental_agreements
2. Ministry of Natural Resources & Environment (2017) Official Portal of
Department of Environment retrieved from
https://www.doe.gov.my/portalv1/en/tentang-jas/perundangan/akta-kaedah-
peraturan-arahan-2/akta

3. UNFCC (2014) United Nations Framework for Climate Change retrieved from
http://unfccc.int/essential_background/convention/items/6036.php
4. United Nations (1998) Kyoto Protocol To The United Nations Framework
Convention On Climate Change, retrieved from
https://unfccc.int/resource/docs/convkp/kpeng.pdf
5. DOE (1979), Environmental Quality Act. 1974.
6. DOE (2007),Environmental Impact Assessment (EIA): Procedure and
End of Lecture