Structure of EIA module

1. Background
2. Law, Policy, Institutional Arrangements (General and Malaysia)
3. Public Involvement
4. Screening
5. Scoping
6. Impact analysis
7. Mitigation & impact management
8. Reporting
9. Review of EIA quality
10. Decision making
11. Implementation & follow up
12. Future direction

Envirocivil.com
 Introduction

 Public involvement is a fundamental principle of the EIA

process.
 Contribution: successful design, implementation, operation and

management of proposals.
 Public involvement is a valuable source of information on key

impacts, potential mitigation measures and the identification and

selection of alternatives.
 It also ensures the EIA process is open, transparent and robust,

characterised by defensible analysis.

 What is public involvement?

The purpose of public involvement is to:

inform the community about the proposal and its

likely effects;
examine their inputs, views and concerns; and

take account of the information and views of the

public in the EIA and decision making.

 Key objectives

 obtain local and traditional knowledge that may be useful for decision-
making;
 facilitate consideration of alternatives, mitigation measures and
tradeoffs;
 ensure that important impacts are not overlooked and benefits are
maximized;
 reduce conflict through the early identification of contentious issues;
 provide an opportunity for the public to influence project design in a
positive manner;
 improve transparency and accountability of decision-making; and
 increase public confidence in the EIA process.
 Levels and forms of public involvement

Level Form of involvement

Informing One way flow of information from the proponent to the public
Two way flow of information between the proponent and the public with
Consulting
opportunities for the public to express views on the proposal
Interactive exchange between the proponent and the public encompassing
Participating shared analysis and agenda setting and the development of understood
and agreed positions on the proposal and its impacts
Face to face discussion between the proponent and key stakeholders to
Negotiating build consensus and reach a mutually acceptable resolution of issues, for
example on a package of impact mitigation and compensation measures.
Eg: Citta Mall vs Lake Adapted from Bass et al (1995)
 Stakeholders involved

The range of stakeholders involved in an EIA typically includes:

 Local people (individual, groups and communities who are affected by the

proposal)- They will want assurances that their views will be carefully listened to and considered on
their merits.

 Proponents including other project beneficiaries- Project design can be improved through
using public inputs on alternatives and mitigation and understanding local knowledge and values.

 Government agencies-Agencies would want to have their policy and regulatory responsibilities
addressed in impact analysis and mitigation consideration.

 NGOs/interest groups-Their surrogate approach should be considered as exceptional; it cannot

substitute for or replace views which should be solicited directly.

 others, such as donors, the private sector, academics etc.

Eg. Jalan Sultan

 The benefits of effective participation for different groups
The proponent The decision-maker Affected communities

Raises the proponent’s awareness of the

Achieves more informed and accountable Provides an opportunity to raise concerns
potential impacts of a proposal on the
decision making and influence the decision-making process
environment and the affected community

Provides an opportunity to gain a better

Legitimises proposals and ensures greater Provides increased assurance that all issues understanding and knowledge about the
acceptance and support of legitimate concern have been addressed environmental impacts and risks that may
arise

Demonstrates fairness and transparency, Increases awareness of how decision-

Improves public trust and confidence avoiding accusations of decisions being making processes work, who makes
made ‘behind closed doors’ decisions and on what basis

Empowers people, providing the knowledge

Promotes good relations with the proponent that they can influence decision making and
Assists by obtaining local information/data
and third parties creating a greater sense of social
responsibility

Avoids potentially costly delays later in the Avoids potentially costly delays later in the Ensures all relevant issues and concerns
process by resolving conflict early process by resolving conflict early are dealt with prior to the decision

Source: Institute of Environmental Management & Assessment (1999)

 Principles of public involvement

 Directed
and
adversely
affected
 Indirectly
affected
parties
 Principles of public involvement

Key principles for public involvement, which are widely agreed,

are outlined as:
 inclusive – covers all stakeholders;
 open and transparent – steps and activities are understood;
 relevant – focused on the issues that matter;
 fair – conducted impartially and without bias toward any

stakeholder;
 responsive – to stakeholder requirements and inputs; and
 credible – builds confidence and trust.
Scope of involvement

 Screening

 Scoping

 Impact analysis and mitigation

 Review of EIA quality

 Implementation and follow up

 Public involvement in practice

 Planning of public involvement programme

 Who should be involved? Identify the interested and affected public

 What type and scope of public involvement is appropriate? Ensure this is

commensurate with the issues and objectives of EIA

 How should the public be involved? Identify the technique which are

appropriate for this purpose

 When and where should opportunities for public involvement be provided?

 How will the results of public involvement be used in the EIA and decision

making processes?
 What resources are necessary or available to implement the public

involvement programme?
 Public constrain

 Poverty

 Remote and rural settings

 Illiteracy

 Local values / culture

 Languages

 Legal systems

 Interest groups

 Confidentiality
 Public involvement techniques

When selecting, the following points should be considered:

 the degree of interaction required between participants;

 the extent to which participants are able to influence decisions;

 the stage(s) of the EIA at which public involvement will occur;

 the time available for involvement;

 the likely number of participants and their interests;

 the complexity and controversy of the issues under consideration; and

 the consideration of cultural norms which may influence the content of

discussions, for example relating to gender, religion, etc.

 Public involvement techniques

To achieve successful outcome:

 provide sufficient, relevant information in a form that is easily understood by

non-experts (without being simplistic or insulting);

 allow enough time for stakeholders to review, consider and respond to the

information and its implications;

 provide appropriate means and opportunities for them to express their views;

 select venues and time events to encourage maximum attendance and a free

exchange of views by all stakeholders (including those that may feel less
confident about expressing their views); and
 respond to all questions, issues raised or comments made by stakeholders.

This fosters public confidence and trust in the EIA process.

 Public involvement techniques

Comparing the characteristics of traditional consultation and stakeholder dialogue

Traditional consultation tends to: Stakeholder dialogue tends to:
Search actively for win/win results and ways to add value for all
Assume win/lose outcomes
parties
Focus on differences and polarise rival Explore shared and different interests, values, needs and fears, and
positions build on common ground while trying to resolve specific disputes

Focus on processes as well as issues and results in order to build

Focus on issues and results
long-term ownership of and commitment to mutually agreed solutions
Produce results that are perceived as
Produce results which can be judged on their merits and which seem
inequitable, reflecting the traditional
fair and reasonable to a broad spectrum of stakeholders 
distribution of power and resources
Take into account, as well, feelings, values, perceptions,
Stick to the facts and positions
vulnerabilities
Ignore the importance of building relationships Strengthen existing relationships and build new ones where they are
and bridging differences most needed
Invest in mutual learning as a starting point for future processes and
Offer no learning
projects
Source: Ackland et al. (1999).
 Public involvement techniques
Leaflets/Brochures
Newsletters
Education and Information Exhibits/Display
Provision Local Newspaper/Article
National Newspaper
Site Visits
Exhibits/Display
Staffed telephone lines
Information Feedback
Internet
Public Meetings
Surveys, interviews & questionnaires
Workshop
Involvement & Consultation
Open-House
Community advisory
Extended Involvement Citizen juries
Visioning
 Levels of increasing public influence

Approaches Extent of Advantages Disadvantages

power
Information Nil Informative, quick presentation No feedback
feedback subject to bias

Consultation Low Allow tow-way information Does not permit

transfer, allows limited ongoing
discussion communication;
time-consuming

Joint Moderate Permits continuing input and Very time consuming

planning feedback, increases education
and involvement
Delegated High Permits better access to relevant Long-term time
authority information; greater control commitment

Source: International Association for Public Participant 2001

 Public involvement advantages

 the public is informed;

 different viewpoints are identified;

 concerns raised by the proposal are made clearer;

 potential areas of conflict are identified;

 trust and mutual respect are fostered; and

 the ‘comfort level’ of decision-makers is raised.

 Public involvement disadvantages

 only those with scientific or technical training are able to contribute to positive
and constructive decision-making;
 it is more efficient to have a small number of people involved in making
decisions (efficiency of time, and being decisive);
 members of the public tend to be subjective whereas professionals (technical or
bureaucratic) are thought to be objective;
 the existing political process works to take into account public opinion; public
participation is almost interference;
 third parties should not be allowed to interfere with another person’s
democratic right to do something;
 public participation is not truly representative of public opinion;
 public participation adds to the costs of projects or governing;
 public participation encourages litigants to disrupt the proper processes of
government/administration; and
 the public cannot appreciate the importance of many affairs of state (which
only government or its agencies can fully understand).
 Arguments for and against public involvement

 Its too early; we haven’t yet got a firm proposal

 It will take too long and will cost too much

 It will stir up opposition, and the process will be taken over by activists

 We will only hear from the articulate

 Well raise expectations we cant satisfy

 The local community wont understand the issues involved

 What is the Public roles and
responsibilities under the EIA
Process in Malaysia?

P u b l i c p a r t i c i p a n t i s a n e sse n ti a l a n d i n t e g r a l pa r t
o f p r o j e c t d e v e l o p m e n t t o p r o v i d e a n a v e n u e f o r t he
p ub l i c to c h a n n e l t he i r v i e ws o n t he pr o p o se d
p r o je c t . P u b l i c e n g a g e m e n t i s a d i r e c t m e t ho d o f
o b ta i n i n g i n f o r m a ti o n o n t he c o n c e r n s o f t he
i m pa c t e d c o m m un i ty r e su l ti n g f r o m t he p r o j e c t
i m pl e m e n t a t i o n . S o m e o f p u b l i c p a r t i c i p a t i o n to
o b ta i n t h e i r i n pu t s t o the E I A st u d y , sha l l b e
i m pl e m e n t e d w h i c h m a y i n c l u d e p ub l i c e n g a g e m e n t
a n d p u b l i c d i s pl a y o f E I A r e p o r t s.
 What is the Public Participant
Approaches and Strategies under the
EIA Process in Malaysia?

1. Public engagement
2. Public display
3. Advertisement
4. Public comments
 Summary

 Describe the principles and appreciate the importance of

effective public engagement in successful EIA implementation;

 Demonstrate knowledge of how to implement a public

involvement programme within an EIA context; and

 Appreciate the arguments for public involvement.

*Public consultation and Public participation are in fact separate.