Tor Comments

Public Comments
COMMENTS FROM THE REVIEW PANEL/PUBLIC REGARDING TOR/SPECIAL EIA FOR

“THE PROPOSED CONTAINER PORT DEVELOPMENT, SAPANGAR BAY, SABAH”
BY ‘SABAH PORTS AUTHORITY’
Name Clarification / Action

No. Issues/Comments Remarks
(Organisation/Individual) Consultants / Project Proponent
1. Ir. Lee Kee Ming 1. Navigational safeties and the Navigation safety is a subject for
1. future viability of the port to meet standard operating procedures and
the future need of the West Coast of Marine Traffic Study, which are to be
Sabah. executed prior to commissioning. They
are not a component of EIA.
a) The entire bay has only
approximately 800 acres of For information, one purpose of the new
water area minus the area to be container port is to allow larger modern
covered by structures, either vessels to be handled, such that the
exited or planned, the usable number of vessels calling per TEU will go
area left for the floating crafts down significantly.
would seem to be limited. Those
floating crafts will need
substantial water area for
approaching, anchoring, turning
etc. Some of these crafts need to
maintain more stringent distance
from the other activities like that
of the petrol chemical carriers.
On top of that, the bay will soon
see the arrivals of navy vessels
which no doubt will carry with
them explosive or
even nuclear weapon. The navy
base is likely to have explosive
and other weapon stored on its
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Public Comments

land area. Would the navy be
happy to see sailors of all
nationalities to be as near as less
than 500 metres away from their
installations? Would the navy
crafts need to maintain their own
exclusive navigation channel? In
time of military exercise, would it
be save for other commercial
ship movement within the
narrow space? If not, would the
shippers be happy to call at port
where there is one additional
factor, affecting their turnaround
time, to be considered? Who is
going to be the Harbour Master?
A civilian or the navy or both
together? What is going to be
protocol?
b) Based on the capacity of all 4
phases of development
mentioned in the TOR, it is
estimated that there is adequate
land space to handle up to 1.2 to
1.5 million TEU of container
traffic in Sapangar Bay and
anticipated that this will come
about in 20 years time. It is
estimated that the vessels
arrival would increase by 8-10
folds as compared to what it is
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Public Comments

today, assuming the same class
of vessels is calling at Sabah
Ports. What is the current and
future plan the navy is having?
Would there be submarine
stationed in the base? How is the
movement of submarine
monitored?
c) Since the capacity of the would

reach its limit in 20 to 30 years
time, would it not be more
beneficial, in the long run, to
consider a new site like Kimanis
Bay, where there is much less
constrain Of course, this
suggestion does not come under
the current scope of your
exercise.
3. Jabatan Pengairan & 2. The content of the TOR report TOR in terms of scope of work are fully
Saliran does not tally with the TOR format compliant with the requirements of the
(Mr Yap Siew Fah) for Detailed Environmental Impact West Coast of Sabah Shoreline
Assessment for Marine Reclamation Management Plan for TOR but have
Works on the West Coast of Sabah. merely been formulated according to
Environmental Conservation Department
It Is our opinion that the TOR report format.
should have been done based on
the available format since it was
already approved by the Sabah
State Government.
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Public Comments

3.
a) Further to DID previous
comment. We, agree with the
answer given by the consultants
which stated the TOR, in terms
of the Scope of Work, comply
with the TOR requirement for
Marine Reclamation Work as
approved by the Government.
b) However, we find that the b) Please refer to consultant comment
content and presentation of the for Dr Ann Anton of UMS, see No. XI
report differs with the TOR comment 14.
Guidelines Requirement. e.g.
Refer TOR Pg 23-24, Task 2.1:
Bathymetric Surveys, It is
stated that, “ high resolution of
bathymetric survey is
required”. However, the TOR
Guideline stated that “the
survey resolution shall be at
least 50 m between lines and
10 m down line with coverage
of survey should include
reclamation area and all water
areas within a minimum of 2
km of the reclamation
boundary”.
c) In our point of view, the TOR c) Please refer to consultant comment

content especially the Field for Dr Ann Anton of UMS, see No. XI
Survey section should be comment 14.
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Public Comments

describe in details as required
in the TOR Guidelines.
28 Sept 2001; 12.47

4. Further to DID comment via letter
ref:JPS(PSA)9/3/5/5/1 Jld 1 (2) dated
29 August 2001 and as a follow-up
to consultant feedback.
a) The content and style of

presenting the TOR report differs a) Please refer to consultant
with the TOR format. For comment for Dr Ann Anton of UMS,
example, implementation of field see No. XI comment 14.
survey (pg 23-24), Methods for
determination of certain
parameters was not described in
detail, when the TOR Guideline
described the matter in detail
stating the method to be used,
frequency of sampling, number
and location of sampling
stations.
b) In our point of view, the TOR b) Please refer to consultant

should be prepared taking into comment for Dr Ann Anton of UMS,
consideration the requirements see No. XI comment 14.
stated in the TOR format in all
aspects.
28 Sept 2001; 13:41
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Public Comments

4. WWF 5.
(En Muhamad Saini B. a) Page 21: Ecology Issues – a) Direct loss of habitat is a permanent
Buliansa (Suggestion) from reclamation consequence of the reclamation
(loss of habitat) and during (i.e. area has been reclaimed) as
reclamation. opposed to transient impacts
associated with construction phase
such that the item is correctly
placed under post construction
impacts.
b) Establishment of the monitoring b) This statement refers to the TOR for

sites before and during the the subsequent Environmental
construction – the monitoring Monitoring and Management Plan
sites should be established that will be defined during the
before, during and in-between course of the EIA as per normal
project continuation stages practice when the relevant impacts
(based on necessity), and should have been identified.
also include water, air and noise
quality. Monitoring framework
and sampling time schedule
should be indicated clearly as to
enable the identification of the
adverse on the reclamation
process. This requirement should
be included in the TOR.
c) Page 27 – A detailed flood c) The onus of the drainage

impact modelling in relation to assessment from the SMI area is
the increase of water level in Sg upon that developer and not the
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Public Comments

Menggatal and the surrounding Container Port EIA. Container Port
estuary should include the _ of EIA is to be based upon reasonable
water _ speed and upstream estimates of land use during the
changes in river flow and speed course of construction and not
pattern due to upstream specific third party developments
development projects etc. that may or may not materialise.
housing and SMI area.
5. Ministry of Tourism & 6.
Development a) The outwash from the Estuary of a) The outwash from the Menggatal
(Tuan Hj. Ibrahim Dato Menggatal river will definitely river estuary and its impacts on the
Hj. Mohd. Kassim) smother the benthic organism benthic organisms will be examined
for endless period of time. during the collection and assessment
of baseline data. The development
will not add to the existing sediment
loads from Sg. Menggatal, which is
actually relatively small compared to
other rivers of similar sizes.
b) Constant dredging needs to be b) Heavy sedimentation is not

done in other to avoid the envisaged due to the relatively small
Container Port from getting sediment load from Sg. Menggatal.
shallow water to the heavy However, sedimentation impacts will
sedimentation. The jetty should be forecast using numerical
therefore be constructed at a modelling and the design and
good location. configuration of the reclamation to
minimise sedimentation.
c) The impact on fishing village c) Human environment study would be
settlement on the estuary is looking into the plight of the
detrimental. Compensation for fishermen community affected
the loss of income from the directly or indirectly due to the
fishermen is unavoidable. project.
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Public Comments

Assessment of income from fishing

activities and how it will be affected
by the project will be highlighted.
For the time being, there is no

compensation plan. However, will
provide alternative ways to help the
fishermen find other sources of
income.
6. Environmental Science 7. (a) Coral Reefs
Program, School of a) Coral reefs, pg 36
Science & Technology, It is stated that the variables laid i. The GIS (Geographical
UMS down in the West coast of Sabah Information System) Software
(Dr Phua Mui How) Shoreline Management Plan, will be to be used is the ArcView GIS
recorded into a GIS. It is of my Version 3.1, a program
interests to know: developed by the
i. The GIS software used or to Environmental Systems
be used Research Institute (ESRI),
which is widely used
throughout the world, and in
Sabah, was used for the West
Coast of Sabah Shoreline
Management Plan and
Regional Environmental Impact
Assessment, and by the Town
and Country Planning
Department for the ICZM.
ii. The way of determining the ii. Locations of point dives, line
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Public Comments

X-Y coordinate for inputting the transects and the manta-tow
point, line and Manta tow into start and end locations are
the GIS. Besides, the number of recorded using a hand-held
and location of samples, GPS (Global Positioning
although not my speciality, System). The GPS records
deserve a special attention. locations in WGS-84
(latitude/longitude). Prior to
input into ArcView GIS, these
geographical coordinates are
converted to the RSO
(Rectified Skewed
Orthomorphic) coordinate
system, which is the
coordinate system used in
Malaysia. The background
image theme in
ArcView may be a rectified admiralty
map, aerial photograph or satellite
image.
The locations of the coral study sites

are shown in Figure 3-6. These are
tentative locations for the lines
transect method. However,
reconnaissance of the status and
distribution of the reefs are generally
assessed by the manta-tow method,
after which it is possible to finalise
the number of spot dives and line
transects required.
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Public Comments

iii. How is the percentage of the iii. The percentage of each variable
variables determined? Is it represents the percentage of the
determined at every “sampling entire area surveyed. For
location” or overall percentage quantitative assessment and
from all the samples? Are all monitoring of coral reefs, the Line
these variable to be input as a Intercept Transect technique is most
relational database to a GIS preferred and will be utilised for
∗
object e.g. coral reef distribution future surveys (English et al., 1997) .
map. Does the coral reef This technique involves laying a 100-
distribution map exist? meter underwater tape measure over
an area representative of the reef
being investigated. The total length
of each variable over the transect
line is calculated as a percentage
of the total transect length (i.e.
100 m).
The percentage of each variable is

determined for every sampling site
and results of each variable can be
as an input for GIS database.
Existing coral reef distribution maps
may be derived from the GIS database
developed during the West Coast of
Sabah SMP. Additional data, such as
what is gathered during this study
may be added to this regional
database or a separate database
maintained for this project.
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Public Comments

iv. Figure 3.6, if as a typical iv. Figure 3-6 is derived from the SMP
output of the GIS, is not well- GIS database. This is included in
prepared. The crucial aspect will the TOR as an example of the coral
be the X-Y location label, scale monitoring locations and as such
and legend for the coloured does not include details such as
features in the map. Please the scale, legend, etc. To include
clarify whether the figure is from such information in a hard-copy
an existing source (the Shoreline map is a simple procedure. Raw
Management Plan?) or is data such as the X-Y position of
prepared by the consultant. If it each transect/manta tow will
is by the consultant, then it is always be included in the report.
necessary to know how is it
mapped?
b) Seagrass, pg 37 (b) Seagrass
It is mentioned that the spatial
distribution of key species/macro The details and assessment of any
algae in the bay will be surveyed to existing data available is generally
supplement the existing information incorporated into the EIA report after the
from the SMP. It is then necessary Consultant has examined all possible
for the consultant to first list out sources of data, e.g. other EIA reports,
what is available in what form and scientific papers and journals. Following
then what are the additional this, the Consultant will determine what
information to be carried out. If it is
addition information is to be gathered in
so, then the method (data source, order to fulfil the requirements specified
GIS or field survey or aerial photo orin the TOR. As listed in the present TOR,
satellite remote sensing, etc) should the seagrass areas will be investigated
be elaborated. for a number of variables, such as
biomass, sugar content and species
Talking about the dugong, it is in my composition (pg. 37). These
opinion that is should be an requirements are not based on what
important focus of the EIA study and existing data is available, but rather
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Public Comments

be put under section of “Rare or based on what is required in order to
Endangered Marine Species”. gather sufficient information to make an
Historical sources of the presence of assessment of the existing conditions
the animal should be sought. and likely responses to impacts arising
Information from relevant from the project.
departments such as the wildlife
department should be sought in Determining the spatial distribution
order to derive a probability of seagrass beds i.e. mapping will be
presence of the animal in the area carried out by taking numerous GPS
in future. Then, it is relevant to talk readings around the perimeters of all
about the food source. However, seagrass beds found within the study
water pollution would be one very area.
important factor to the dugong.
This information is stored in the GIS
database, from which distribution maps
may be produced. Detailed methodology
may be supplied as an addendum for the
TOR if required.
Although the only recent Dugong

sighting in the Sapangar Bay region was
in March 1999, the presence of this
mammal and other endangered species
such as the sea turtle and the whale
shark will be investigated as a matter of
course during the EIA study. This can be
included as a subsection within the
marine habitats section
c) Terrestrial Habitat, pg 38 8.2.8 Terrestrial habitat, page 38.
It is interested that remote sensing
is proposed for mapping the Remote sensing is merely a facilitator to
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Public Comments

mangrove species the mapping of mangrove distribution.
Distribution. It should be specific on The satellite image is used as a starting
what sensor data to be used, if point to determine the spatial extent of
satellite remote sensing is the mangrove swamps, but use of
suggested. The capability of remote sensing imagery in no way
satellite remote sensing for implies that a habitat survey (ground-
mapping the mangrove distribution truthing) will be omitted. The primary
is of no doubt. However, the terms survey will also involve the identification
of “species mapping” necessitates of the dominant species of the mangrove
clarification. How many species fringe and where there are changes to
exist in the area and what specific the general community composition or
method to be used to map its community type, these will be recorded
distribution? using a hand-held GPS.
Although remote sensing can It is then possible to indicate the spatial

greatly reduce field survey, distribution of mangrove community
groundtruth is of prime importance types (based on dominant species)
to produce a reliable result. The within the estuary. During the field
mapping should result in a map survey, notes on the status of the
showing the distribution, basic mangroves with respect to impacts of
statistics of its extent etc, and it is human disturbance will be made and
desired to know to what degree is ranked. This will be conducted in a
the mangrove ecosystem has been similar way to the species mapping,
fragmented. whereby changes along the fringe are
marked using a GPS.
∗
English, S., S. Wilkinson, and V. Baker
(1997). Survey manual for tropical
marine resources. 2nd edition. ASEAN-
Australia Marine Science Project: Living
Coastal Resources. Australian Institute
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of Marine Science.
7. Jabatan Kerja Raya 8. This department has no

(En Micky Madi) objection / comment.
8. Jabatan Pelabuhan & 9.

Dermaga a) Refer “Terms of Reference for a) The scope of works for the Marine
(Capt. Zakhir Khan Preparation of a Special EIA Navigation Study is stated in Section
Yusop) Report”, paragraph 3.2.14 titled 3.2.14 (pg. 42) of the TOR and will
Marine Navigation Study. A detail address each phase of the
study has to be done on the construction from an environmental
outcome of the understudy since point of view.
the duration of the project
construction period takes about
20 years.
b) “Monitoring and patrolling b) This falls under the navigation
system” should be established operational issues and will be
all time during this project for covered in the Standard and
the security benefit of shipping Emergency operating procedures
communities within Sapangar study. Section 3.2.14 (pg. 42).
Bay waters. Outside the scope of EIA.
c) “Reporting Center” should be c) Reporting centre will be established
established to address feedback at the site office once project works
if any problem occurs during the commences.
course of this project (establish
contact address).
d) Information on the area to be d) This issue is addressed in paragraph
used in terms of “coordinate three of section 3.2.14 (pg 42) of the
scale” should be supplied from TOR. “…Provision of updated chart
time to time for nautical chart information…”
updates.
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e) Study to establish “special e) This falls under the navigation
anchorage area” to allow logistic operational issues and will be
ships associated with this covered in the Standard and
operation to utilise. Emergency operating procedures
study. Section 3.2.14 (pg. 42).
Outside the scope of EIA.
10. Additional emphasis that

requires attention prior to
project implementation:
a) “Out Come Understudy of Marine a) This falls under the navigation

Navigation” has to be presented operational issues and will be
prior to project construction. This covered in the Standard and
is to allow the department to Emergency operating procedures
evaluate aspects of the “safety study. Section 3.2.14 (pg. 42).
of navigation information”. Outside the scope of EIA.
b) “General Layout Traffic Plan” & b) This falls under the navigation
“Simulation Test Traffic operational issues and will be
Approach” (E-Mapping) need to covered in the Standard and
be prepared and carried out, Emergency operating procedures
respectively. study. Section 3.2.14 (pg. 42).
Outside the scope of EIA.
c) “Reporting Center” Service need c) This falls under the navigation
to be establish and to provide operational issues and will be
latest information to this covered in the Standard and
department so that is can be Emergency operating procedures
disseminated to the shipping study. Section 3.2.14 (pg. 42).
community at all time. Outside the scope of EIA.
d) Project proponent to consider d) This falls under the navigation
comments from our department operational issues and will be
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Public Comments

when construction take place for covered in the Standard and
“Marine Traffic Establishment” Emergency operating procedures
and placement of all project study. Section 3.2.14 (pg. 42).
activities within the waters of Outside the scope of EIA.
Sapangar Bay
9. Jabatan Muzium Sabah 11. With reference to para 3.2.16 of Assessment of any archaeological
(Datuk Joseph Pounis the TOR document, any marine remains found in and within the
Guntavid) or terrestrial archaeological finds reclamation site will be made after
should be reported and the EIA studies are completed and
reposited at the Sabah Museum the Sabah Museum Department will
in accordance with the Sabah be notified of any findings. If there
Antiquities & Treasure Trove are any such findings, the Sabah
Enactment 11/1977. While Museum Department will be asked to
Archaeological Valuing is in help ascertain the authenticity of the
compliance with the TOR, it finds and advise on the next course
would be prudent if the Sabah of action. For example, salvaging of
Museum could be involved in artefacts for eventual safe keeping by
every phase in the survey. the museum.
The Museum Department will be

involved in planning and background
data assessment and then in the
event of any finds in the site area.
10. Taman-Taman Sabah 12.The concerns of Sabah Parks

(En Paul Basintal) on this project is the degradation
of coral reefs in the vicinity of
Molohom Bay and Police Beach,
the decline in water quality, and
the increase of solid waste within
the Park areas.
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Public Comments

In this connection, four (4)

components should be
addressed in this TOR The
Proposed Container Port
Development, Sapangar Bay,
Sabah).
a) Monitoring stations for

coral reef and water quality a) The location of the monitoring
should not be only 1km from stations will be addressed after the
the project site but up to a EIA studies are completed and will be
minimum of 3km from the specified in the EMMP. The EMMP
project area. In this regards, specifications are an outcome of the
it is suggested that the EIA, as the outcome and findings of
permanent monitoring station the EIA study must be considered in
should also be established at the selection of the monitoring
the boundary of the park stations. However, this suggestion
closest to the project area. may be incorporated into the EMMP
specifications, depending on the
results of the EIA, in particular, the
results of the numerical modelling.
b) The TOR should b) A numerical model of the ocean

provides a model on current currents, etc. will be setup as part of
pattern in order to know the the EIA. The TOR specifies this in
magnitude and pattern of Task 4 (pg. 26)
current flow in various
situations and also the
affected areas, and the level
of seriousness of this project.
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Public Comments

c) Menggatal River should c) The Menggatal river will be assessed

be addressed in the TOR. A in terms of its baseline water quality,
buffer zone for this river tidal prism, flooding etc. as stated in
should be established, the TOR. Establishing a buffer zone
together with guidelines on and guidelines on the management
how the river should be of the river is beyond the scope of
managed. Mitigation the EIA, and lies more in the province
measures should also be of a catchment or river management
provided to ensure the toxic programme. The potential for impacts
liquid and solid wastes of toxic liquids and solid wastes from
originating from the the construction and operational
development of the project phase of the project will be
and also during the Port’s investigated as part of the EIA and
operation do not pollute the mitigation measures will be proposed
river. if this is anticipated as a significant
impact.
d) The vessel’s traffic d) The vessels’ traffic route will be

route should be determined determined during the specification
so that the area is not of Standard Operating
affected. Procedures/Emergency Operating
Procedures which is generally
prepared immediately prior to
commencement of port operations
and as such is beyond the scope of
the EIA.
11. Dr Ridzuan Abdul 13.

Rahman a) Refer Pg 25 a) Parameters to be measured are inline
UMS One of the important parameter with the parameters set by the
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that need to be analyse is oil & Department of Environment, as
grease / hydrocarbon content in indicated in Table 3-2 of this TOR (pg.
sediment and water. 32).
b) Refer Pg 29 b) The TOR under Task 5.3, Oxygen

Statement saying DO level is depletion (pg. 29), stated “The
influenced by Ministry of Ministry of Agriculture’s fish farm…
Agriculture aquaculture activities discharges oxygen depleted water
need to be supported by into the estuary…”. DO is to be
concrete information / data. measured and modelled with specific
references to the fish farm.
c) Refer Pg 39, Land use & c) Modelling will be carried out to

Development ensure that base plan has minimal
Please take note that Universiti incremental impact on water quality.
Malaysia Sabah is building a Changes in water quality values
Marine Fish Hatchery which within the potential impact area
requires non polluted water from during construction can be detected
Sepanggar Bay. New through the EMMP. The values will be
construction of port must take compared against the background
this development into account. established during the EIA studies for
possible mitigation measures.
d) I would like to propose that d) Maps of environmental receptors will

Environmental Sensitivity Index be prepared and included in the EIA.
Map(s) for area that will be
affected by any unforeseen
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Public Comments

incident e.g. oil spill / toxic in the
waters of the port to be inserted
in the TOR.
12. Dr Ann Anton 14.

UMS a) 3.2.1 Hydraulic Study a) Details of the primary survey
description, Pg 22 involved are presented in section
Phase I 3.2.1.1. Task Description – Task 2:
Details of the spatial and Primary Field Surveys.
temporal expansion of the
existing data are not given. These include Bathymetric surveys,
Without sufficient data the use of current measurements, water quality,
a hydraulic model to assess the and suspended sediments. It must be
impacts of reclamation works stressed that the numerical modelling
should be cautioned. is performed for the physical
Phase II environment, in terms of hydraulics,
Again an overemphasis of the water quality and sediment plume
use of numerical models to dispersion. The results of these
assess the impacts. Is there models are then superimposed on the
sufficient data to model the results of the baseline habitat
impacts on mangroves, water surveys described in (B) Biological
quality etc? System, pg 35: Section 3.2.7 Marine
habitat survey, where baseline data
on the biological systems will be
collected and assessed.
b) Task 2.1 - Bathymetric Survey b) Coverage of bathymetry survey is

(Pg 24) shown in Figure 3-1 (pg. 24). Survey
Some details of the bathymetric lines are 15m spacing 2m along line,
survey should be given in this and vertical 1σ = 0.2m. Mangrove
report to indicate the level of bathymetry to be established from
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resolution and subsequently the analysis of SPOT satellite image and
accuracy of the model used. The tidal prism measurement (Task 2.2).
variability of tropical, in
particular large, rivers should be
taken into consideration.
c) Task 2.4 - Suspended Solids (Pg c) An impact assessment using absolute
25) values may distort the assessment,
It is unclear what the consultants particularly when referring to set
mean by an impacts assessment standards. For example, an often
of sedimentation based upon quoted standard is suspended
relative changes rather than sediments should not exceed 10mg/l
absolute values. Shouldn’t some during ongoing reclamation works.
estimate of the existing Thus, if using absolute values,
sediment load in the river be suspended sediments concentrations
obtained? This information of 9 mg/l would be acceptable even in
should be used as a baseline an environment with baseline
before project commences and concentrations of 1 mg/l. This would
used to assess the “before” and clearly constitute a significant impact
“after” effects of reclamation on coral reefs for example, as the
works. magnitude of such a change is often
more important than the absolute
magnitude of the impact.
Thus the relative change in SS
concentration would provide a clearer
picture of the actual impact on the
biological communities. Conversely, if
an area already is subject to SS
concentrations of 9 mg/l, it would be
unreasonable to insist that impacts
should not exceed the 1 mg/l that it
would take for non-compliance with
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Public Comments

that particular standard.
For these reasons, the existing

sediment load emanating from the
river and the concentrations over the
various marine habitats will be
determined. This baseline
information requirement is listed
under Task 2.5 on page 25. “To
address the issue of
sedimentation ...as a result of the
development, information on
suspended solids emanating from the
river is required.”
d) Task 4.1 - Impact of Flooding (Pg d) Primary data collections to be fed into
27); Task 5.1 - Salinity (Pg 28); the models are specified in sections
Task 5.2 - Hygienic Water 3.2.2, 3.2.5 through 3.2.8 and Task 2
Quality (Pg 28); Task 5.3 - pg. 23.
Oxygen Depletion (Pg 29); Task
6.1 - Sediment Plume Impact (Pg The statement made in Para 2 is
29); Task 6.2 - Sedimentation valid. The contractor will use land fill
Impact (Pg 30) and for the site in question, this will
Models will be used to address cause less impact than corresponding
all these impacts, yet no details impacts arising from hydraulic fill
are given in this TOR to describe from marine sources. All impacts
the kinds of data to be collected associated with spill from the
which will be fed into these reclamation will nevertheless be
models. While, models are useful established in the EIA. The statement
in predicting and simulating is intended to ensure that the focus is
on wave and rain suspension at the
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Public Comments

environmental processes and reclamation site and not hydraulic
their impacts, the accuracy of suspension from marine source and
the conclusions drawn using overflow, as this situation will not
models are dependent on the arise due to contractors method
quality of data used to develop statement.
these models. Task 6.1, Para 2:
This conclusion is too premature
to be stated in this TOR. Is it not
the purpose of the SEIA to
determine this impact?
e) 3.2.2 – Baseline Water Quality e) Red tide will be addressed through

(Pg 31) establishing if there will be any
It is unclear what is meant by changes in the hydraulic or water
“The seasonal occurrence of red quality regime that may effect the
tide will be acknowledge (d)…” occurrence of red tide. Further the
Does the word “acknowledged” issue of red tide and ballast water will
be specifically addressed.
f) 3.2.2.1 - Water Quality f) Water quality sampling points - refer

Monitoring to Figure 3-2 (pg. 25).
Fig 3.2. Map has no key to
explaining the distribution of
sampling points.
g) 3.2.5 - Habitat and marine g) Coral reef fish population will be

Biodiversity (Pg 35); Is it specifically addressed through field
sufficient to determine these survey.
impacts based just on interviews
with fishermen. Will no field
23
Public Comments

estimates of the biodiversity be
obtained? The conclusion
regarding the insignificance of
these organisms is not clear.
These organisms are known to
be good indicators of the
environment.
h) 3.2.6 - Benthic Biology (pg 35) h) The soft bottom habitats at the
Similarly with 3.2.7 Soft Bottom mouth of the Menggatal river is not
Habitats. The Statement “…that as productive as from example of the
the site is of no special interest” soft bottom samples within the
needs to be clarified. Does this estuary. For example, part of the
mean that the protection of area to be reclaimed is presently
these habitats becomes a used as a football field during low
conditional issue? tide.
i) 3.2.8 - Terrestrial Habitat (Pg 38) i) Fully agreed mangroves are Intertidal
Mangroves are not found in community.
terrestrial habitat. Para 5: Does
the statement “…without Experienced indicates that it is
requiring extensive land impossible to conduct bathymetric
surveys” indicate a simplification survey within the mangroves using
of the model to be used. Can an traditional marine or land based
accurate interpretation of the survey technique with a realistic time
impacts then be concluded from frame/ budget for EIA. Other
such a model? accurate techniques have therefore
been developed by the hydraulic
modelling community to deal with
this critical data item. These
techniques include:
24
Public Comments

1. Mapping of intertidal area from
satellite imagery.
2. Ground survey to established
species composition and the
elevation range.
3. Flux measurements to establish
tidal prism.
j) 3.2.9 - Land Use & Development j) This statement will be removed from
(Pg 39) the TOR and shall be justified after
Para 2: Such conclusions should the assessment has been made in
not be in a TOR document. This SEIA stage.
statement is relevant only in the
final report of the SEIA.
k) 4 - Work Schedule (Pg 51) k) The original TOR has been submitted
No indication of the time frame to Department of Environment and
involved in the execution of this was approved on 29th December
SEIA is given. 1999. Most of the specialist studies
have been commissioned since then.
Upon Reviewing and acceptance of
the revised TOR by ECD, the
consultant and specialists will require
approximately 3 weeks to
attend/include the additional
comments into the SEIA report and
an additional 2 weeks time to prepare
the final copies for submission to ECD
for review. It is estimated that at
least a total of 4-5 weeks will
therefore be required to finalise the
SEIA Report upon the acceptance of
25
Public Comments

the revised TOR.
13. Jabatan Laut Sabah 15.
(En Jasri M. Shaah) a) Any incident of oil spill due to a) To be covered under Standard and
ship collision could leave a Emergency operating procedures (pg.
significant impact not only to the 42) as related to collision risk with
marine organism but also to the vessels heading to the oil terminal.
residents in the vicinity of Our ships are container ships such
Sapanggar Bay. that risks from oil spill are minimal.
b) Ships entering the port and b) This falls under the navigation
harbour area must be at a operational issues and will be
controlled speed. covered in the Standard and
Emergency operating procedures.
Section 3.2.14 (pg. 42). However,
environmental limits e.g. wake and
propeller wash will be addressed as
listed in section 3.2.14.
c) Only clean ballast water from c) Ballasting issue is included as part of
ship is allowed to be discharged the scope of work for the Marine
in the port and harbour area to Navigation study. Section 3.2.14 (pg.
avoid marine pollution. 42).
d) In terms of navigation, the d) We are not aware of development by

location of navigation the Royal Malaysia Air force other
passageway in between the than the Royal Malaysian Navy
proposed project and Tg (TLDM) that proposes to establish
Melanim will become narrower naval base in Tg. Melanim.
and make it difficult for large Nonetheless, any development within
vessels to navigate. It is Sapangar Bay area that will
understood, that the Tg Melanim contribute to increase in water traffic
area is now in planning for congestion falls within the
26
Public Comments

development by TUDM. If this is assessment of the Marine Navigation
true, then shipping passageway study while precautionary measures
in the future will be more are to be covered in the Standard
congested and make it difficult and Emergency operating
for the ships to approach the procedures. Section 3.2.14 (pg. 42).
harbour site.
14. Jabatan Perikanan Sabah 16. Proposed additional titles to be
(En Alvin Wong) inserted in the TOR as below:
a) Menggatal Aquaculture Station,

Jabatan Perikanan Sabah a) Hydraulic study and water quality
- Impacts to the station assessment of the upstream reaches
especially on the water of Sg. Menggatal will undertaken as
quality for pond culture part of the EIA to enable the
operation. magnitude of impacts on flow
velocity, salinity, sediment transport
and flooding to be assessed. The
TOR specifies this in section 3.2 -
Physical Issues (pg. 22).
b) Area Prohibited for Fishing b) The SEIA will assess the existing
Sapangar Bay fishing ground within the project
- Impacts to resources in the vicinity that will be affected by the
area and to the traditional proposed development and their
fishermen, especially in terms impact on the local fishing
of loss of fishing ground. community. This issue will be
assessed and discussed under the
socio economy section of the Special
EIA report.
c) Phase III c) Possible change in hydraulic regime
Justification of Phase III that of Sg. Menggatal due to reclamation
lessen significantly the width of into the estuary will be address
27
Public Comments

Sg Menggatal mouth & impacts through the said hydraulic study and
to total changes of water at the if so, the reclamation design will be
mangroves area. reviewed. The TOR specifies this in
section 3.2 (pg. 22). “The shape of
the reclamation will also be reviewed
to reduce negative effects”.
15. Jabatan Alam Sekitar 17. EIA investigation to include
Sabah matters as below:
(En Mohamad Sayuti Bin
Sepeai) a) To include “Statement of Need” a) Statement of need will be included in
for proposed Container Port in the Special EIA report.
the EIA report
b) To make sure method of b) Specified in section 3.2.5 - 3.2.8

investigation & biological
sampling used are consistent /
same so that the same method
can be applied for post-EIA
Monitoring / Audit EIA
c) To make sure every sampling c) Will be complied.

point (especially biological
sampling) has its co-ordinate
recorded so that the same point
can be traced back for post-EIA
d) To take into consideration other d) The proposed Sapangar Bay naval
projects nearby e.g. proposed Base has been taken into
Naval Base at Sapangar so that consideration for overall hydraulic
cumulative and synergy impacts assessment based upon non-
can be identified and evaluated classified materials available to the
for the decision making parties consultant. The TOR specifies this
28
Public Comments

to decide. Task 4, pg. 27, paragraph nine (9).
29

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Public Comments

COMMENTS FROM THE REVIEW PANEL/PUBLIC REGARDING TOR/SPECIAL EIA FOR

Name Clarification / Action

Name Clarification / Action

Name Clarification / Action

c) Since the capacity of the would

Name Clarification / Action

c) In our point of view, the TOR c) Please refer to consultant comment

Name Clarification / Action

28 Sept 2001; 12.47

a) The content and style of

b) In our point of view, the TOR b) Please refer to consultant

28 Sept 2001; 13:41

Name Clarification / Action

b) Establishment of the monitoring b) This statement refers to the TOR for

c) Page 27 – A detailed flood c) The onus of the drainage

Name Clarification / Action

b) Constant dredging needs to be b) Heavy sedimentation is not

Name Clarification / Action

Assessment of income from fishing

For the time being, there is no

Name Clarification / Action

The locations of the coral study sites

Name Clarification / Action

The percentage of each variable is

Name Clarification / Action

Name Clarification / Action

Although the only recent Dugong

Name Clarification / Action

Although remote sensing can It is then possible to indicate the spatial

Name Clarification / Action

7. Jabatan Kerja Raya 8. This department has no

8. Jabatan Pelabuhan & 9.

Name Clarification / Action

10. Additional emphasis that

a) “Out Come Understudy of Marine a) This falls under the navigation

Name Clarification / Action

The Museum Department will be

10. Taman-Taman Sabah 12.The concerns of Sabah Parks

Name Clarification / Action

In this connection, four (4)

a) Monitoring stations for

b) The TOR should b) A numerical model of the ocean

Name Clarification / Action

c) Menggatal River should c) The Menggatal river will be assessed

d) The vessel’s traffic d) The vessels’ traffic route will be

11. Dr Ridzuan Abdul 13.

Name Clarification / Action

b) Refer Pg 29 b) The TOR under Task 5.3, Oxygen

c) Refer Pg 39, Land use & c) Modelling will be carried out to

d) I would like to propose that d) Maps of environmental receptors will

Name Clarification / Action

12. Dr Ann Anton 14.

b) Task 2.1 - Bathymetric Survey b) Coverage of bathymetry survey is

Name Clarification / Action

Name Clarification / Action

For these reasons, the existing

Name Clarification / Action

e) 3.2.2 – Baseline Water Quality e) Red tide will be addressed through

f) 3.2.2.1 - Water Quality f) Water quality sampling points - refer

g) 3.2.5 - Habitat and marine g) Coral reef fish population will be

Name Clarification / Action

Name Clarification / Action