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THE IMPLEMENTATION AND

WEAKNESSES OF EIA IN
MALAYSIA
GROUP MEMBERS

ADIBAH BT MAT TAHIR


NOR RUZAINI BT MOHD TASSERIF
MUNIRAH MARLINDA BT MAHAT
CLAIRENA EMLY ANAK FRANKIE
RAIHAN BT MOHD NAWI
SALMI BT ABDAN
WHAT IS ENVIRONMENTAL IMPACT
D ASSESSMENT?
E
F
I
N
I
T
I
O
N
ENVIRONMENTAL IMPACT ASSESSMENT
IN MALAYSIA
vWas introduce in Malaysia in 1988 as mandatory
legislative .
vRequirement – Environmental Impact Assessment Order
( DOE , 1987 ).
vWas developed based on the National Environmental
Policy Act ( NEPA ) 1969 of the United States
( Briffett et al ., 2004 ).
vUnder the 127 Act - Environment Quality Act ( 1974 )
vTo protect and enhance the quality of the
environment through licensing , setting of
standards , coordination of research and
dissemination of information to the public .
vUnder federal government responsibility .
vStates of Sarawak and Sabah having adopted
PARTICIPATION
independent impact assessment procedures for
natural resource management .
vCo mmunity involvement ( public participant )
EIA PROCESS IN MALAYSIA
Project Proponent

Screening and consultation with DOE

No EIA Preliminary Assessment Detailed Assessment

Project proponent prepare Preparation


TOR after informal consultation
of Detailed with
Assessment DOE. by Review Panel appointe
Brief

Public comments on brief


Preliminary Assessment by project proponent

Preparation of Detailed Assessment: by project

Review by DOE (either at federal level or state level)


Public comments on brief

Review by Review Panel


Approving Authority

Project implement and monitoring

Source: Staerdahl et al..


(2004)
WHEN AN EIA APPLICABLE ?
Any project which has a significant effect on
the environment should
be considered as having a potential EIA
requirement .
The term ‘ significant ’ however may vary from one
setting to another .
An action that would have a minimal impact in
an urban area may be
significant in rural setting or vice versa .
Significant effects can also include actions
which may have both
beneficial and detrimental effects even if
the proponent believes that
the project as a whole would generate
beneficial effects .
PROJECTS REQUIRING EIA
major manufacturing
industrial
power plantation
mining , extractive and
smelting
airport
agricultural development
dams
roads and highways
( including railroads )
ports and harbors
urban development ( including
housing )
WHEN AN EIA APPLICABLE ?
municipal utilities
Ex cept when expressly exempted by the decision - making
authority , all
prop onents ( government or private ) of major
development projects which are
anticip ated to cause short - term and long - term
significant adverse
environme ntal effects shall be required to prepared
an EIA study .
The impact study shall be prepared during the planning
stages of proposed project .
PROJECTS OF
EIA

MAJOR MANUFACTURING EIA CYCLE


INDUSTRIAL

POWER PLANTATION
WEAKNESS OF EIA IN
MALAYSIA
A number of other EIA issues and

problems have been identified in Malaysia


(Harun, 1994), and these are comparable
to those in other developing countries:

• Lack of awareness of the strength of EIA


as a planning tool. Many still perceive
EIA as a stumbling block to
development.
• Perception that carrying out an EIA
study would delay project approval
and implementation.
• EIA not carried out prior to final project
design, so that issues such as sitting
and technology are not considered.
• Lack of base-line data on environmental
quality.
• Poor prediction of impacts.
vAccording to Briffett ( 1999 : 336 )
sometimes the EIA process in Southeast
Asia ( including Malaysia ) was ‘ simply
used as a means to obtaining planning
permission ’. For example : only 19
prescribed activities listed in the
Handbook of Environmental Impact
Assessment Guidelines ( DOE , 1995 )
required EIA study .
vThere were some weaknesses in the
quantitative guidelines provided in the
EIA handbook and raised criticism
because of it was vulnerable to abuse
by submitting multiple mini projects
( Briffett et al ., 2004 ).
vFor example , an EIA was only required if
the project was proposed for
development on a hilltop or hillside
exceeding 50 hectares , or a hotel with
more than 80 rooms , irrigation schemes
of more than 5000 hectares an d coastal
reclamation or clearance of mangrove
vBut , in March 2005 , after the local
newspapers exposed the environmental
destruction from the development
near to Kuala Lumpur , the Malaysian
Prime Minister , ( Abdullah Ahmad
Badawi ) asks for the changes to the
existing EIA requirements ( Utusan
Malaysia , 2005 ).
vThe government then proposed a
compulsory EIA study of any
development project starting with 20
hectares and above , compared to 50
hectares and above in current
requirement ( Utusan Malaysia , 2005 ).
vHowever , the proposal has not been
finalized and still in the revision
process .
EXAMPLE OF EIA CASES IN
MALAYSIA
Babi: Perlu buat kajian EIA
Utusan Malaysia, 12 Apr 2008

KUALA LUMPUR 11 April - Kerajaan Selangor diminta Berikutan kenyataan tersebut, pelbagai pihak termasuk
mengemukakan kajian Penilaian Alam Sekitar (EIA) penduduk setempat dan pertubuhan bukan kerajaan (NGO)
terhadap projek ternakan babi secara moden bernilai membantah kerana keputusan kerajaan negeri itu disifatkan
RM100 juta yang akan dilaksanakan di kawasan tidak menghormati sensitiviti rakyat.
Sepang.
Penasihat Persatuan Perlindungan Alam Sekitar Bagaimanapun, kerajaan campuran Parti Keadilan Rakyat
Malaysia (EPSM), Dr. Gurmit Singh berkata, sehingga (PKR), DAP dan Pas negeri Selangor tetap dengan
kini kajian EIA terhadap projek itu masih menjadi tanda keputusan untuk meneruskan projek itu walaupun mendapat
tanya kerana kerajaan negeri tidak pernah bantahan pelbagai pihak.
mengumumkannya. Menurut Gurmit, Jabatan Pengairan dan Saliran (JPS) dan
''Kita mahu tahu bila EIA untuk projek ini diluluskan. Jabatan Perkhidmatan Haiwan (JPH) perlu memastikan
Siapa yang luluskan. Bila ia diluluskan,'' katanya projek ternakan itu mempunyai sistem tertentu seperti
kepada Utusan Malaysia di sini hari ini. rawatan najis babi bagi memastikan sisa najis haiwan itu
Isu ladang babi bernilai RM100 juta di Sepang hangat tidak disalurkan ke dalam sungai.
diperkatakan setelah Exco Selangor, Teresa Kok Selain itu, katanya, satu sistem khas perlu dilakukan bagi
mengesahkan kelulusan projek tersebut oleh kerajaan memastikan bau haiwan itu tidak mengganggu penduduk
negeri. berhampiran projek itu.

Reference: http://www.jphpk.gov.my/Malay/berita/Apr08 12.htm


JERAM SOLID WASTE DISPOSAL SYSTEM TO MEET EIA
CONDITIONS
January 26 , 2007 18 : 19 PM
SHAH ALAM , Jan 26 ( Bernama ) -- Selangor is confident that the construction of a
sanitary solid waste disposal system in Jeram , Kuala Selangor , will meet the
conditions of the Environmental Impact Assessment ( EIA ), said Menteri Besar
Datuk Seri Dr Mohamad Khir Toyo .
t
He said this was because the site was not a sensitive area and all parties
involved had agreed to its usage for a solid waste disposal system .
r
The disposal system was being developed by Worldwide Sdn Bhd which had 20 years
of experience in the field , he told reporters after attending the People's
Inventory Problems session here today .
Dr Mohamad Khir was commenting on a TV3 news report that the waste disposal
system was being developed without getting the EIA approval .
r
" What will happen to our solid waste disposal system after we close down the
Air Hitam , Puchong disposal site? That is why we have chosen the site and
everything is done according to procedures however minute they are .
" It is not true that we don't have the EIA approval , we don't do such thing . The
people concerned visited the site every week ," he said , adding that the
application for EIA was done simultaneously with the development of the system .
r
The development of the sanitary solid waste disposal system in Jeram , Kuala
Selangor , was approved by the state and federal governments to replace the one
in Air Hitam which was closed on Dec 31 last year .
Dr Mohamad Khir said the development was done on a fast - track basis as the
state government was racing against time to start a new solid waste disposal
system as soon as possible .

-- BERNAMA
Reference: http://www.bernama.com/selangor_maju/news.php
CONCLUSION
In conclusion , the implementation
of EIA in Malaysia was not been
construct very well . The EIA studies are
important to ensure a sustainable
development . Therefore , the public
awareness and their knowledge and
understanding about EIA are limited . The
public also did not have a chance to
voice their concern and desires .
So now on , the government should
take an action to improve our
regulation and legislation system .
Participant by the publics is the most
important that would create the
minimize impact in development .
REFERENCES
vhttp :// www . wikipedia . com
v
vhttp :// www . jphpk . gov . my / Malay / berita / Apr08
12 . htm
v
vhttp :// www . bernama . com / selangor_maju / news .
php
v
vUNEP Environmental Impact Assessment
Training Resource Manual .
v
vMarzuki A .( 2009 ). A REVIEW ON PUBLIC
PARTICIPATION IN ENVIRONMENTAL IMPACT
ASSESSMENT IN MALAYSIA ( Theoretical and
Empirical Researches in Urban
Management , Number 3 ( 12 ) / August 2009 )
THANK YOU