ENVIRONMENTAL MANAGEMENT IN THE PROPERTY DEVELOPMENT AND

CONSTRUCTION SECTORS
Ismail Bin Ithnin
Director, Department of Environment, Sarawak

Abstract
The property construction sectors are expanding rapidly but, if not planned with the
consideration of environmental aspect, would give significant negative impact to the
environment. Legal requirements are needed to mitigate the impact due to the development
of property at the various stages such as planning, design, land clearing, construction and
development. Environmental Quality Act, 1974 and its regulations are used as planning
tools to minimize the impacts due to the construction and development activities.
Contractors, consultants, developers and professional bodies should be responsible and
play important role to avoid any adverse impact to the environment and natural resources.

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1.

INTRODUCTION

The property construction sectors expanded rapidly in the late 1980s as a result of the high
demand for houses. During the Eight Malaysia Plan and period, more than 850,000 houses
were built of which a third are low cost houses. Under the Nine Malaysia Plan it is
anticipated that some 900,800 units are needed. The Government is committed in providing
affordable housing for its people, particularly the lower income group.
However property development that utilizes natural resources and construction activities, if
not planned with the environment in mind, would give rise to problems like flooding,
degradation of river and air quality. The more frequent occurrence recently, of landslide on
hill slopes can also be attributed to the neglect of environmental considerations in project
implementation.
Environment as defined in the Environmental Quality Act 1974 means the physical factory
of the surroundings of the human beings including land, water, atmosphere, climate, sound,
odour, taste, the biological factors of animals and plants ant the social factor of aesthetics.
2.

ENVIRONMENTAL IMPACT OF PROPERTY DEVELOPMENT

Environmental impact can occur at the various stages of property development, from
construction to occupation, if inadequate mitigation measures are taken. Therefore concern
for the environment needs to be addressed throughout the project cycle; that is right through
planning, designing, construction and occupation. Environmental issues depend on the
activities undertaken during implementation and the sensitivity of the project site.
Development on costal areas would differ entirely from development on highlands, hill
slopes or an ex-mining land. However the most damaging impact normally occurs during
the construction stage. Significant environmental impacts during construction are:

3.

Erosion and siltation

Increased runoff and flooding
Destruction of habitat and degradation of biodiversity
Air pollution
Water pollution
Noise pollution
ROLE OF DOE IN PROPERTY DEVELOPMENT

Legal Requirements
Environmental regulations that govern the property development and construction activities
include the Environmental Quality (EQ) (Prescribed Activities) (Environmental Impact
Assessment) Order 1987, EQ (Clean Air) Regulations 1978 and the EQ (Sewage and
Industrial Effluent) Regulations 1979.
The Environmental Quality (Clean Air) Regulations 1978
Regulation 11 prohibits open burning of construction debris and bio-mass cleared.
Installation of fuel burning equipment such as gen-set and boilers require written permission
from the Director General of Environmental Quality. Siting and installation of concrete
batching plant is also governed by this regulation.

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The Environmental Quality (Sewage and Industrial Effluent) Regulations 1979

In any housing or commercial development or both with more than 30 units, the design and
discharge of sewage must comply with the requirements of this regulations.
Environmental Quality (Prescribed Activities) (Environmental Impact Assessment)
Order 1987

The legal requirement for EIA came into effect on 1 April 1988. Under Section 34A of the
Environmental Quality Act, 1974 any person intending to carry out any of the activities which
are prescribed is required to submit to the Director General of Environmental Quality a report
containing an assessment of the impact on the environmental. The report shall be submitted
for review prior to the granting of approval of the activity by the relevant approving authority.
Housing development covering an area of 50 hectares of more (Activity 7) and construction
of new township (Activity 9e) are prescribed activities under the Order. Penalties for
contravention of Section 34A include fines of up to RM 100,000 or imprisonment for a term
not exceeding five years or both and to a further fine of RM 1,000 for every day that the
offence is continued after a notice by the Director General to comply with the act has been
served.
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. It is essentially a planning tool for preventing
environmental problems due to an action. It seeks to avoid costly mistake in project
implementation, costly either because of environmental damage that is likely to arise during
project implementation, or because of modifications that may be required subsequently in
order to make the action environmental acceptable.
EIA is not intended to disrupt nor to impede economic development but, on the contrary, it
helps to enhance economic achievement it the context of sustainable development. For
Environmental Impact Assessment to be effective as a planning tool, it has to be conducted
early in the project cycle, providing options in project siting and technology, adverse
environmental impact identified and mitigating measures proposed. Properly executed, the
findings of an EIA can enhance the project and ensure its viability, both economically and
environmentally.
The EIA Procedure in Malaysia is designed to follow the integrated project planning concept.
The preliminary assessment should coincide with the pre-feasibility study stage or at the
earliest stage of the project planning cycle. This is to ensure that options and alternatives
are being considered and all environmental considerations incorporated into the planning
process at this early stage. If detailed assessment is required, it should then be conducted
in the feasibility stage for the same reasons.
The timing of submission of the EIA report is vital so as not to disrupt the overall project
planning cycle. Early submission enables recommendations on changes or modifications to
the project plan to be incorporated. Late submission of an EIA and possibly increase
environmental costs or delay implementation of the project.

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4.

ROLE
OF
DEVELOPERS
ENVIRONMENTAL IMPACT

AN D

CONTRACTORS

IN

MITIGATING

Project Concept
In planning the project, greatest care must be exercised to ensure the nature topography be
maintained as far as possible. Development schedule must be clearly defined and timing of
construction spread evenly and according to phases. Trees should be marked and not cut
indiscriminately as required under the Town and Country Planning Act 1972 (Amendment)
1995. Riparian reserve in accordance with Drainage and Irrigation Department Guidelines
shall also be incorporated.
The innovative concept of design with nature, will not only minimize the impact of the project
on the environment thus making it environmentally acceptable but will also enhance the
project visually. Some of the concepts being promoted are:

Making use of natural topography where possible;

Exploiting natural features as tourist attractions; and
Balancing cut and fill.

In this regards development on slopes or hill land should also abide by the guidelines drawn
up by the Ministry of Housing and Local Government. Generally slope of more than 25
degrees are considered high risk areas and are prone to land slip. Any development in the
se areas must be subjected to stringent conditions including maintaining the original
topography, minimal cutting and only confined to infrastructure development.
Planning
Proposed projects need to be consistent with existing development plan, master plan or land
use plan to avoid incompatibility of land-use. Encroachment of industries into residential
areas or vice versa and without sufficient buffers is the typical cause of complaints of
nuisance such as air pollution, noise and odour. Half the battle would have been won with
proper planning and appropriate siting. Of utmost importance for consideration during layout
planning is the concept of buffer zone. Adequate buffer zone within the development,
between commercial areas, industries, residential critical so as to avoid nuisance.
Designing
Design needs to incorporate the findings of EIAs or any other studies conducted such as
hydrological, geo-technical or soil erosion risk areas. Mitigating measures proposed to
minimize environmental impact need to be incorporated into the project design. Design of
silt ponds and retention ponds for example should be able to cope with the surface run-off
during construction and the most adverse weather conditions.
Construction and Operation
During construction, earthwork is the most critical stage and the problems of soil erosion
need to be urgently addressed. Soil erosion created a host of other associated problems
including siltation, deterioration of water quality and flooding of areas downstream of project
site.
Control of Earthworks
Every site differs in topography, geology and soil types. The type of activity undertaken also
varies. Earthworks contribute the highest impact if not carried out with proper environmental
control. There is a tendency for developers to clear large tracts of land to save cost and
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time without giving due consideration to the environmental impact. If the project is sited on
hill slopes, landslide and mudslide could also be a problem. The usual excuse is that there
is a need to reach the platform level before any control measures can be taken Developers
are not amiable to phased development where mitigation measures can be instituted as the
project progresses.
There is a need to plan the earthworks and implement control measures at the earliest
stage. Appropriate sediment control measures must be incorporated as part of the
development and developers, consultants and contractors must be in place before other
earthworks commence. Earthworks shall be scheduled to avoid rainy season and detailed
earthworks plan shall be prepared and endorsed by professional engineer.
Control of Erosion and Siltation
Erosion is a natural process by which earth is loosened and removed usually by wind and
rain. Natural erosion occurs slowly, but when mans activities alter the landscape, the
erosion process can be greatly accelerated. Sedimentation is process of deposition of any
size of soil or earth materials on lands, in rivers or sea. It is essentially the settling out of the
earth particles that have been transported by wind and water. The rate of deposition
depends primarily on particles size and velocity of runoff. Heavier particles such as gravel
and sand are deposited first and the finer particles such as clay remain in suspension.
Clay particles can become electrostatically charged due to the turbulence and can stay
suspended in water for long periods, contributing significantly to water turbidity or
discolouration. Control is based firstly on protection of soil surface from rain and runoff, and
secondly on capturing eroded soil particles onsite. As the finer particles can be very difficult
to capture once they have been mobilized, the best way to control the generation of
sediment is to prevent erosion. The Department of Environment has published the
Guidelines for Prevention and Control of Soil Erosion and Siltation in Malaysia that provide a
useful reference for housing developers and contractors. Techniques for the prevention and
control of soil erosion are highlighted.
The design of these control measures must ensure that the discharge standards for
suspended solids can be met. Silt traps alone might not be enough. A combination of
measures such as turfing, retention pond and phased development might be needed. In
some cases silt traps are undersized or insufficient numbers provided resulting in sediments
being carried over and polluting the receiving river. In other cases sediment traps/ponds are
not maintained causing build-up of silt that virtually render them useless.
Control of Water Quality
Other than sediment that can cause deterioration of water quality, the discharge of untreated
sewage and sullage especially form workers quarters can be another source of pollutants.
Temporary sanitary facilities complying with the requirements of the Department Sewerage
Services should be provided in the workers quarters.
Disposal of Solid Waste
Overburden or earth spoil shall be disposed of within the project area or in designated spoil
tips. Open burning of waste construction materials such as formworks and bio-mass
removed is strictly prohibited. These materials should be chipped and carted away or used
as fuel.

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Control of Air Pollution

Water spraying facilities shall be provided at construction sites and wheels of vehicles or
machinery used for transportation of construction materials shall be cleaned before leaving
the construction site so as not to litter the roads with mud and soil. Wash trough and water
jets can be used. Access roads shall be paved before any construction starts or water
trucks provided to wet roads especially during dry periods.
Control of Noise
Noise is unwanted sound and has various effects on human beings ranging from annoyance
and discomfort to hearing loss. Noise form construction site is generated by different
activities. Vibration from piling operation not only can cause annoyance but can also cause
structural failure to nearby buildings. The main activities emitting noise during construction
are; piling operation, blasting, boring and drilling, rock crushing, power generators,
compressor, pneumatic tools, earth moving vehicles and vehicle movements.
Noise control ca be done by either engineering means, separation of source and receptors
or through limiting the hours of operation of the noise source. Engineering methods could
be the installation of quiet machines, insulating the machines or providing screens and noise
barriers. Generally noise the boundary of the construction site shall be controlled so as not
to exceed 55 dB(A) at night and 65 dB(A) during the day.
However in noise sensitive areas such as hospital, schools, residential and places of
worship, a lower noise level must be observed. In this instance, noise level must be
observed. In this instance, noise level at the receiving land use should not exceed 50 dB(A)
during the day time and 40 dB(A) at night.
Monitoring
The need for environmental monitoring and audit especially in EIA cases is never over
emphasized. It is useful in enhancing the effectiveness of the EIA system by reviewing how
the predictions and the recommended mitigation measures actually work in reality, and what
needs to be done to rectify the deficiencies. Monitoring involves measuring and recording
the physical, biological, social and economic variables associated with the development
such as air quality, water quality, noise traffic flows, employment etc. Monitoring shall be
done by a competent person and reports submitted to the Department of Environment on a
regular basis.
5. ROLE OF THE PROFESSIONALS IN EIA IMPLEMENTATION
Even though EIA has been designed as a planning tool, the subsequent incorporation of its
findings in project implementation is the real challenge for professionals undertaking the
design or as contractors implementing the project. In this respect, it is suggested that EIA
be operationalised, meaning to put upon project proponents and professionals to bear the
full responsibility in carrying out the mitigation measures.
A conservation clause should also be included in all contracts, subcontracts or agreements
to ensure that contractors give due consideration t the preservation of the environment and
incorporate mitigating measures in their planning, design and implementation of the project.
To rely solely on enforcement will be insufficient as the number of enforcement officers
available is never enough. Here project proponents should declare the professionals who
will undertake the control measures as stated in the EIA monitoring and audit. This would
provide the vital link between developers and the contractors. Furthermore if there is any
wrong doing on the part of the professionals, the could be reported to the respective
professional bodies. This would inculcate a greater sense of professionalism among the
various professions.
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It is also suggested that the professional bodies governing the conduct of the professional
such as the Institution of Engineers, Architects, Planners, etc should require through specific
code of practice on environmental protection spelling out the responsibilities, duties and
authorities of their members. This could then be used to oblige contractors and developers
using their services to follow their directives for further measures required for environmental
protection.
6.

ENVIRONMENTAL AWARENESS AND COMMITMENT

At the root of all the environmental issues and problems is the need to enhance awareness
and commitment of all parties concerned particularly developers, contractors, professionals
as well as decision-makers. There is even a need now to educate financiers and bankers to
only support projects that have conformed to environmental laws and regulations. Perhaps
developers need to be convinced that it is cost effective to invest up-front in the planning and
designing stage to address environmental issues rather than spending more in mitigating
and remedial measures to clean up the mess after disasters at the expenses of lives and
properties.
7.

CONCLUSION

As environmental degradation undermines economic development and at times threatens

human safety, health and well being, efforts to integrate environmental aspects into
development planning is vital in view of Malaysias drive towards a fully developed and
industrialised nation. Developers and contractors can make a difference by designing for
the environment and not seen as a destroyer of the environment.
It is a challenging task even after more than two decades of enforcing the Environmental
Quality Act and its Regulations to make the business community understand that
environmental management through proper planning and the EIA process is cost effective in
the long term. There is a need for all Malaysians to establish themselves as a society
committed to the protection of the environment as no amount of legal enforcement will be
sufficient of effective in overcoming the numerous environmental problems facing us.

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