ENVIRONMENTAL

IMPACTASSESSMENT:
PRINCIPLES, POLICY AND
PRACTICE

by
Dato’ Dr A. Bakar Jaafar, FASc

E-mail: datoabj@streamyx.com

© Abj Enviro-Lecture Series (1/2004)

 PRINCIPLES RELATING TO
ENVIRONMENTAL IMPACT ASSESSMENT
(EIA)

 Principle 13 “In order to achieve a more rational

management of resources and thus, to improve the
environment, States should adopt an integrated and
coordinated approach to their development planning so as to
ensure that development is compatible with the need to
protect and improve environment for the benefit of their
population.” (Ref: (Stockholm) Declaration of the United
Nations Conference on the Human Environment (1972))
 PRINCIPLES RELATING TO
EIA

Principle 14 “ Rational planning constitutes an

essential tool for reconciling any conflict between
the needs of development and to protect and
improve the environment.” (Ref: (Stockholm)
Declaration of the United Nations Conference on
the Human Environment, 1972))
 PRINCIPLES RELATING TO
EIA

Principle 17 “Environmental impact assessment,

as a national instrument, shall be undertaken for
proposed activities that are likely to have a
significant adverse impact on the environment
and are subject to a decision of a competent
national authority.” (Ref: Rio Declaration on
Environment and Development, 3-14 June 1992)
 POLICY RELATING TO EIA
IN MALAYSIA

Development

 World Bank Environment Mission, 1975;

 Third Malaysia Plan (1976-80);
 Ad hoc Panel on EIA, 1977;
 First National Seminar on EIA, Nov 1977, Petaling
Jaya, led by Dr Michael G. Royston;
 Draft Handbook on EIA Procedure & Guidelines by
John O’Brien, Goh KS, and A. Bakar Jaafar, 1979.

© Abj Enviro-Lecture Series (1/2004)

 LAW OF MALAYSIA RELATING TO
EIA

LAW
 1986 Amendment to the Environmental Quality
Act 1974: Section 34A:
1. “The Minister … prescribe any activity …
significant environmental impact …”;
2. “Any person … to carry out any prescribed
activity, before any approval by relevant
authority, shall submit a report …”;
 LAW OF MALAYSIA
RELATING TO EIA

ORDER
Environmental Quality (Prescribed Activities)
(Environmental Impact Assessment) Order,
1987;

Enforced since April 1, 1988

 State laws (Ordinance or
Enactment) relating to EIA

1. Sarawak : The Natural Resources and Environment

Ordinance, 1993; enforced since February 1, 1994.
The Sarawak EIA Order, 1994 enforced since
September 1, 1994.

2. Sabah : Conservation of Environment

Enactment,1996.
 WHAT IS ENVIRONMENTAL
IMPACT ASSESSMENT (EIA)

“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 ?

 As planning tool for preventing environmental problems due

to an action;

 To avoid costly mistakes in project implementation, because

of the environmental damage; or because of modifications
required subsequently in order to make the action
environmentally acceptable;

 To integrate environmental considerations into project

planning;

 To provide additional information to better decision making.

HOW TO CONDUCT EIA?

PROJECT PLANNING CYCLE
Project Identification
Sourcing for Technology or License
Pre-feasibility/Sitting Decision
Feasibility/ Project Design
Contract
Dateline Design
Tendering
Development and Construction
Commissioning
Operation and Maintenance
Abandonment/ End of Project
Life
EIA-PROJECT PLANNING CYCLE
PROJECT EIA ISSUES
CLASSIFICATION
0 Is the project environmentally sound?
1 Is the technology most advance and clean?
2 Is the proposed site environmentally least
sensitive?
3 Does the project design incorporate all the
required pollution control and other
environment mitigating measures?
4 Are sufficient environmental specifications and
safeguard incorporated in contract documents
and agreements?
5 Does the design comply with all the
specifications?
6 Is sufficient budget provided for environmental
control and other environmental mitigating
measures in the tender exercise and award?
7 Are project development and construction
closely supervised?
8 Does the project meet all set standards and
conditions?
9 Is the project fully complying with the imposed
standards all the time?
X Are there significant residual environmental
impacts?
PROJECT APPROVAL
Own approval or Memorandum of
Understanding
Business transaction, technology transfer, and
license agreement.
Department of Environment clearance.
EIA Report to be approved by the Director-
General of Environmental Quality, prior to
approval of land conversion or transfer of title,
granting or lease by State Government, and
issue of license by relevant government
agencies.
Budget approval.
Written permission by the Director-General of
Environmental Quality.
Approval by land, resources, safety, health,
environment and local authorities.
Certification by safety, health, environment and
local authorities.
Approval by the relevant Federal, State and
Environmental Authorities.
 Summary of activities subject to EIA
Quantum Unit Activity Number
Construction of product depot for storage of petrol or
60000 Barrel 12 (e)
diesel
5000 Tonne Shipyard 8 (f)
Groundwater development for industrial, agricultural or
4500 Cubic meter 19 (b)
urban water supply
200 Ton/day Iron and steel industries using scrap iron 8 (e)
100 Family Agricultural programmers necessitating resettlement 1 (b)
100 Ton/day Chemical production industries 8 (a)
100 Ton/day Lime production industries using rotary klin 8 (d)
100 Ton/day Iron and steel industries using iron ore 8 (e)
50 Ton/day Non ferrous industries other than aluminum and copper 8 ( c)

50 Ton/day Lime production industries using vertical klin 8 (d)

50 Ton/day Pulp and paper industries 8 (g)

30 Ton/day Cement industries 8 (d)
Construction of stream generated power station using
10 Megawatt 13 (a)
fossil fuel
 Summary of activities subject to EIA
Project size Unit Activity Number
5000 Hectare Irrigation schemes 3 (c)
500 Hectare Land development schemes to bring forest land into agriculture production 1 (a)
500 Hectare Development of agricultural estates involving changes in types of agricultural use 1 (c)
500 Hectare Logging 6 (c)
400 Hectare Construction of dams and hydroelectric power schemes reservoirs 13 (b)II
250 Hectare Mining of mineral in new areas 11 (a)
200 Hectare Construction of dams and man-made lakes and artificial enlargement of lakes 3 (a)
200 Hectare Construction of dams or impounding reservoirs 19(a)
100 Family Agricultural programmers necessitating resettlement 1 (b)
100 Hectare Drainage of wetland, wildlife habitat or virgin forest 3 (b)
80 Room Construction of coastal resort facilities or hotels 17 (a)
50 Hectare Coastal reclamation 4
Land-based aquaculture projects accompanied by clearing of mangrove swamp
50 Hectare 5 (c)
forests
50 Hectare Conversion of hill forest land to other land use 6 (a)
50 Hectare Conversion of mangrove swamps for industrial, housing, or Agricultural use 6 (d)
50 Hectare Housing development 7
50 Hectare Industrial estate development for medium and heavy industries 9 (b)
50 Hectare Sand dredging 11 (c)
50 Hectare Hill stations resort or hotel development 17 (b)
50 Kilometer Construction of off-shore and on-shore pipelines 12 (b)
Construction of dams and hydroelectric power schemes with dams over 15 meter
40 Hectare 13 (b)I
high
2.5 Kilometer Construction of airports 2 (a)
 Summary of activities subject to EIA
Prescribe Activity Activity Number
AIRPORT Air strip development in state and national parks 2 (b)
FISHERIES Construction of fishing harbours 5 (a)
Harbour expansion involving an increase of 50 per cent or more
5 (b)
in fish landing capacity per annum
Logging or conversion of forest land to other land use within the
FORESTRY catchment area of reservoirs used for municipal water
supply, irrigation or hydro power generation or in areas 6 (b)
adjacent to state and national parks and national marine
parks
Petrochemical industries- all sizes 8 (b)
INDUSTRY
Primary smelting of aluminium and copper –all sizes 8 (c)
Construction of hospitals with outfall into beachfronts used for
9 (a)
recreational purposes
INFRASTRUCTURE Construction of expressways 9 (c)
Constructions of national highways 9 (d)
Constructions of new township 9 (e)
Constructions of ports 10 (a)
PORTS Port expansion involving an increase of 50 per cent more in
10 (b)
handling capacity per annum
 Summary of activities subject to EIA
Prescribed activity Activity Number
Ore processing including concentrating for alumiunium, copper
MINING 11 (b)
and tantalum
PETROLEUM Oil and gas fields development 12 (a)
Construction of oil and gas separation, processing, handling and
12 (c)
storage facilities
Construction of oil refineries 12 (d)
POWER GENERATION Construction of combine cycle power stations 13 (c)
AND TRANSMISSION Construction of nuclear-fueled power stations 13 (d)
Proposed quarrying of aggregate limestone, silica, quartzite,
sandstone, marble and decorative building stone within 3
kilometer of existing residential, commercial or industrial
QUARRIES 14
areas, or any areas for which license, permit or approval has
been granted for residential, commercial or industrial
development
Construction of new routes 15 (a)
RAILWAYS
Construction of branch lines 15 (b)
TRANSPORTATION Construction of Mass Rapid Transport projects 16
Development of tourist or recreational facilities in national parks 17 (c)
RESORT AND
RECREATIONAL Development of tourist or recreational facilities on island in
DEVELOPMENT surrounding water which are gazetted as national marine 17 (d)
parks
 Summary of activities subject to EIA
Prescribed Activity Activity Number
WASTE TREATMENT
AND DISPOSAL
Construction of incineration plant 18 (a)I
Construction of recovery plant (off-site) 18 (a)II
(Toxic and Hazardous Construction of waste treatment plant (off-site) 18 (a)III
Waste)
Construction of secure landfill facility 18 (a)IV

Construction of storage facility (off-site) 18 (a)V

Construction of incineration plant 18 (b)I
Construction of composting plant 18 (b)II
(Municipal Solid Waste) Construction of recovery/recycling plant 18 (b)III

Construction of municipal solid waste landfill facility 18 (b)IV

Construction of wastewater treatment plant 18 (c)I

Municipal Sewage
Construction of marine outfall 18 (c)II
 EIA IN SUMMARY

USE COMMON SENSE:

“ No EIA Reports … necessarily prepared…!” e.g
1. Proposed pulp and paper mill upstream of raw-water
intake points for drinking water supply… Sungai Langat,
Selangor.
2. Proposed independent Power Production using hazardous
and toxic waste import from Europe…for Yan, Kedah.
3. Proposed Quarry operations in the vicinity of Batu Pahat
township.

© Abj Enviro-Lecture Series (1/2004)

 BIBLIOGRAPHY

Abu Bakar Jaafar (1995). “Two Decades of Environmental

Quality Management in Malaysia: The Way Forward “. Paper
Presented at Seminar on National Review of Environmental
Quality Management in Malaysia. 10-12 October. Kuala
Lumpur, Malaysia. Laws of Environmental Quality Act 1974
(Act 127) and Subsidiary Legislation. Petaling Jaya.
International Law Book Series. Edition 2001.269p.
Malaysia, Department of Environment (1994). Environmental
Requirements: A Guide for Investors. Kuala Lumpur. First
Edition.55p.
Malaysia, Department of Environment (1991). Environmental
Impact Assessment (EIA): Procedure and Requirements in
Malaysia. Kuala Lumpur. Zahara Ishak Snd Bhd for JPN.22p.
 BIBLIOGRAPHY

Malaysia, Department of Environemnt (1992). Pelaksanaan

Prosedur dan Perintah Alam Skeliling (Penilaian Kesan
Kepada Alam Sekeliling) 1987 di Bawah Akta Kualiti Alam
Sekeliling 1974 (pindaan 1985). Taklimat oleh Dr. Abu Bakar
Jaafar, Ketua Pengarah Alam Sekitar kepada Jawatankuasa
Tetap Alam Sekitar, Negeri Selangor Darul Ehsan.
(Unpublished). 3 March 1992. 23p. 9 Figures, 1 Table. Annex
A-D
Malaysia, Department of Environment (1995). A Handbook of
Environmental Impact Assessment Guidelines. Kuala Lumpur.
Department of Environment.
Rajeswari Kanniah(1999). An Analysis of The Laws Relating to
Environmental Impact Assessment in Malaysia with Specific
Reference to Federal-State Jurisdiction. UM Thesis. Kuala
Lumpur, University of Malaya.313p.