HEALTH, SAFETY AND ENVIRONMENT MANAGEMENT

1.4 EQA 1974 (ACT 127)

 HEALTH, SAFETY AND ENVIRONMENT MANAGEMENT

EVOLUTION OF ENVIRONMENTAL POLLUTION

Regulated
1990s practices
Heightened towards
1980s Global Awareness sustainable
Impact development
1970s
Local
impact
1950s
Economic
reconstruction

Reference: Nor Nuha Mahfuz, Rohida Abdul Wahab, Norzaimah Mohd Dzin, Salma Mohd Kasim, Environmental Law, GMUL5063
 HEALTH, SAFETY AND ENVIRONMENT MANAGEMENT

EVOLUTION OF ENVIRONMENTAL POLLUTION

Environmental pollution

Rapid industrialisation
in 1950s to 1970s Ecological Crisis

Globalize Impact

Reference: Nor Nuha Mahfuz, Rohida Abdul Wahab, Norzaimah Mohd Dzin, Salma Mohd Kasim, Environmental Law, GMUL5063
 HEALTH, SAFETY AND ENVIRONMENT MANAGEMENT

EVOLUTION OF ENVIRONMENTAL POLLUTION

First international symposium on the

ecological crisis
International Discussed the present environmental
symposium situation
(on the Attended by 30 specialists from 10
environment) countries of Asia and the West
1968 Italian Formed the Club of Rome joined by
Academy 100 scholars from over 40 countries
to assess the environmental pollution
impact onto the world

Reference: Nor Nuha Mahfuz, Rohida Abdul Wahab, Norzaimah Mohd Dzin, Salma Mohd Kasim, Environmental Law, GMUL5063
 HEALTH, SAFETY AND ENVIRONMENT MANAGEMENT

GLOBAL REQUIREMENT

Declaration of the United Nations

Conference on Human Environment,
Stockholm 1972
Recognised the need to adopt measures
for the protection of environment
Environment includes the totality of
nature and natural resources, including
the cultural heritage and the man-made
infrastructure to facilitate the
development of socio-economic
activities
Reference: Nor Nuha Mahfuz, Rohida Abdul Wahab, Norzaimah Mohd Dzin, Salma Mohd Kasim, Environmental Law, GMUL5063
 HEALTH, SAFETY AND ENVIRONMENT MANAGEMENT

LEGAL FRAMEWORK Before 1974

Water To control and prohibit disruption of rivers, so as not to

interfere with the smooth flow of water
Enactment
Restriction of discharges of specific substances into the
1920 (Act river which might be detrimental to the beneficial use of
418) the river waters throughout Peninsular Malaysia

Forest
Establishment of forest reserves and control in logging
Enactment activities
Act 1934 Cap Control in logging activities
153

Land and Aimed at conserving hill land and the protection of soil
Conservation from erosion and inroads of silt
Act 1960 Prohibits planting of short-term crops on any hill land

Reference: Nor Nuha Mahfuz, Rohida Abdul Wahab, Norzaimah Mohd Dzin, Salma Mohd Kasim, Environmental Law, GMUL5063
 HEALTH, SAFETY AND ENVIRONMENT MANAGEMENT

LEGAL FRAMEWORK Before 1974

Mining Act Controls discharges from mining activities

Poisons
Ordinance Regulates use of Toxic substances
1952

Merchant
Shipping Governs marine pollution by vessels
Ordinance

Reference: Nor Nuha Mahfuz, Rohida Abdul Wahab, Norzaimah Mohd Dzin, Salma Mohd Kasim, Environmental Law, GMUL5063
 HEALTH, SAFETY AND ENVIRONMENT MANAGEMENT

LEGAL FRAMEWORK Before 1974 (cont)

Issues

Unable to curb soaring environmental

problems due to rapid advancement of
modern industries and technologies
Existing legislations was not to
address environmental concerns but
mainly on other specific activities
Largely sectoral in focusing specific
areas and activities

Reference: Nor Nuha Mahfuz, Rohida Abdul Wahab, Norzaimah Mohd Dzin, Salma Mohd Kasim, Environmental Law, GMUL5063
 HEALTH, SAFETY AND ENVIRONMENT MANAGEMENT

ENVIRONMENTAL QUALITY ACT 1974

Gezetted on 14 March 1974

An Act relating to the

prevention, abatement, control
of pollution and enhancement
of the environment, and for the
purposes connected therewith

Reference: Nor Nuha Mahfuz, Rohida Abdul Wahab, Norzaimah Mohd Dzin, Salma Mohd Kasim, Environmental Law, GMUL5063
 HEALTH, SAFETY AND ENVIRONMENT MANAGEMENT

ENVIRONMENTAL QUALITY ACT 1974

Environmental Quality (Amendment) Act 1985
Act A636 10 Jan 1986

Environmental Quality (Amendment) Act 1996

Act A953 01 August 1996

Environmental Quality (Amendment) Act 1998

Act 1030 21 August 2001

Environmental Quality (Amendment) Act 2001

Act A1102 28 June 2001, 19 July 2001

Environmental Quality (Amendment) Act 2007

Act A1315 30 August 2007
Reference: Nor Nuha Mahfuz, Rohida Abdul Wahab, Norzaimah Mohd Dzin, Salma Mohd Kasim, Environmental Law, GMUL5063
 HEALTH, SAFETY AND ENVIRONMENT MANAGEMENT

POLICY FRAMEWORK

Basel Convention
(Movement of
Vision 2020 Hazardous Waste
& Disposal)

National Convention of
Development Climate Change
Plan and Biodiversity
Environmental
policies

The various national policies and international development impacts

environmental management policies and regulations
2002 National Policy on Environment to provide policy framework towards
coordinated environmental management efforts

Reference: Nor Nuha Mahfuz, Rohida Abdul Wahab, Norzaimah Mohd Dzin, Salma Mohd Kasim, Environmental Law, GMUL5063
 HEALTH, SAFETY AND ENVIRONMENT MANAGEMENT

ENVIRONMENTAL QUALITY ACT 1974

Part 1: Preliminary
Part II : Administration
Part III : Licenses
Part IV : Prohibition and Control of
EQA 1974 Pollution
(Act 127) Part IV A : Control of Scheduled Wastes
Part V : Appeal and Appeal Board
Part V A : Payment of Cess and
Environmental Fund
Part VI : Miscellaneous

Governed by 35 regulations to regulate specific activities and impact onto

the environment

Reference: Nor Nuha Mahfuz, Rohida Abdul Wahab, Norzaimah Mohd Dzin, Salma Mohd Kasim, Environmental Law, GMUL5063
 HEALTH, SAFETY AND ENVIRONMENT MANAGEMENT

ELEMENTS COVERED UNDER EQA 1974

Water Noise

Industrial
Air
wastes
EQA1974

Reference: Nor Nuha Mahfuz, Rohida Abdul Wahab, Norzaimah Mohd Dzin, Salma Mohd Kasim, Environmental Law, GMUL5063
 HEALTH, SAFETY AND ENVIRONMENT MANAGEMENT

EXAMPLES OF REGULATIONS UNDER EQA 1974

Environmental Quality (Licensing) Regulations 1977

Environmental Quality (Control of Emissions from Petrol

Engines) Regulations 1996

Environmental Quality (Delegation of Powers) (Investigation of

Open Burning) Order 2000

Environmental Quality (Declared Activities) (Open Burning)

Order 2003

Environmental Quality (Appeal Board) Regulations 2003

Reference: Nor Nuha Mahfuz, Rohida Abdul Wahab, Norzaimah Mohd Dzin, Salma Mohd Kasim, Environmental Law, GMUL5063
 HEALTH, SAFETY AND ENVIRONMENT MANAGEMENT

REGULATIONS UNDER EQA1974 (related to EIA)

Environmental Quality (Clean Air ) Regulations 1978

Environmental Quality (Sewage and Industrial Effluents)

Regulations 1979

Environmental Quality (Prescribed Activities) (Environmental

Impact Assessment) Order 1987

Environmental Quality (Scheduled Wastes) Regulations 1989

Environmental Quality (Prescribed Premises) (Scheduled

Wastes Treatment and Disposal Facilities) Order 1989

Environmental Quality (Prescribed Premises) (Scheduled

Wastes Treatment and Disposal Facilities) Regulations 1989

Reference: Nor Nuha Mahfuz, Rohida Abdul Wahab, Norzaimah Mohd Dzin, Salma Mohd Kasim, Environmental Law, GMUL5063
 HEALTH, SAFETY AND ENVIRONMENT MANAGEMENT

REGULATORY FRAMEWORK
Director Ministry
General of with advise
DOE from
Environme
Grant,
nt Council
renew, Regulate
transfer, prescribed
revoke premises
licenses

Issuance
Assessme
of licenses
nt of
with
activities
conditions
Director Director
General of General of
DOE DOE

Reference: Nor Nuha Mahfuz, Rohida Abdul Wahab, Norzaimah Mohd Dzin, Salma Mohd Kasim, Environmental Law, GMUL5063
 HEALTH, SAFETY AND ENVIRONMENT MANAGEMENT

PENALTY

Failure to hold a license for prescribed premises

Failure to comply with conditions of license

Contravention of monitoring conditions

Alterations of licensed equipment

Alterations of vehicles, ship or premise to become

prescribed conveyances or premises

Reference: Nor Nuha Mahfuz, Rohida Abdul Wahab, Norzaimah Mohd Dzin, Salma Mohd Kasim, Environmental Law, GMUL5063
 HEALTH, SAFETY AND ENVIRONMENT MANAGEMENT

LICENSING REQUIREMENT

S.16(2) of EQA 1974

Any holder of a license who contravenes

subsection (1) shall be guilty of an offence
and shall be liable to a fine not exceeding
twenty-five thousand ringgit or to
imprisonment for a period of not exceeding
two years or to both, and to a further fine of
one thousand ringgit for every day that the
offence is continued after a notice by the
Director General requiring him to comply
with such term or condition specified therein
has been served upon him

Reference: Nor Nuha Mahfuz, Rohida Abdul Wahab, Norzaimah Mohd Dzin, Salma Mohd Kasim, Environmental Law, GMUL5063
 HEALTH, SAFETY AND ENVIRONMENT MANAGEMENT

COMPOUNDING OF OFFENCES

S.45 of EQA 1974

(1)The Director General or any Deputy Director
General, or any other public officer or any local
authority to whom the Director General has delegated
such power in writing, may compound any offence
under this Act or the regulations made thereunder
which is prescribed by the Minister to be a
compoundable offence by accepting from the person
reasonably suspected of having committed the offence
a sum of money not exceeding two thousand ringgit
(2) The Minister may make rules to prescribe the
method and procedure for compounding such offences

Reference: Nor Nuha Mahfuz, Rohida Abdul Wahab, Norzaimah Mohd Dzin, Salma Mohd Kasim, Environmental Law, GMUL5063
 HEALTH, SAFETY AND ENVIRONMENT MANAGEMENT

ENFORCEMENT CONCEPT

Application
Compound
Prevention is better of License Monitoring compliance
than cure Audits, checks
Cradle to grave Based on requirement Based on extent of
Shall not likely cause non-conformance or
adverse impact to the damage
environment Includes making good
of the situation

Assessment Enforcement

Reference: Nor Nuha Mahfuz, Rohida Abdul Wahab, Norzaimah Mohd Dzin, Salma Mohd Kasim, Environmental Law, GMUL5063
 HEALTH, SAFETY AND ENVIRONMENT MANAGEMENT

APPEAL
S.35 of EQA 1974
(1)Any person who is aggrieved by:
a. Refusal to grant a license or transfer license
b. The imposition of any condition, limitation or restriction
on his license
c. The revocation, suspension or variation of his license
d. The amount which he would be required to pay under
section 47
e. Any decision of the Director General under subsection
)3) or (4) of section 34 A, and
f. Any decision of the Director General or any officer
under subsection (2) or (5) of section 48A
may within such time and in such manner as may be
prescribed, appeal to the Appeal Board

Reference: Nor Nuha Mahfuz, Rohida Abdul Wahab, Norzaimah Mohd Dzin, Salma Mohd Kasim, Environmental Law, GMUL5063
 HEALTH, SAFETY AND ENVIRONMENT MANAGEMENT

APPEAL BOARD

Environmental Quality (Appeal Board) Regulations 2003

Regulation

Chairman
Deputy Chairman
Members Member

To hear appellant in person or his representatives

Consider any additional evidence or documents
Power To award cost or make order in respect to the appeal

Notice to appeal - Within 30 days of date of decision communicated to appellant

Duration Grounds of appeal within 30 days after submission of notice

Reference: Nor Nuha Mahfuz, Rohida Abdul Wahab, Norzaimah Mohd Dzin, Salma Mohd Kasim, Environmental Law, GMUL5063
 HEALTH, SAFETY AND ENVIRONMENT MANAGEMENT

OTHER FEATURES OF EQA 1974

Director General of the DOE

Environmental Quality
Council

Environmental Quality Audit

Cess and Environmental

Fund

Reference: Nor Nuha Mahfuz, Rohida Abdul Wahab, Norzaimah Mohd Dzin, Salma Mohd Kasim, Environmental Law, GMUL5063
 HEALTH, SAFETY AND ENVIRONMENT MANAGEMENT

APPOINTMENT OF DIRECTOR GENERAL

S3(1) EQA 1974

There shall be a Director General of Environmental Quality who

shall be appointed by the Minister from amongst members of
the public service and whose powers, duties and functions shall
be - .

This led to the formation of the Department of Environment as the

enforcement agency of EQA 1974

Reference: Nor Nuha Mahfuz, Rohida Abdul Wahab, Norzaimah Mohd Dzin, Salma Mohd Kasim, Environmental Law, GMUL5063
 HEALTH, SAFETY AND ENVIRONMENT MANAGEMENT

DEPARTMENT OF ENVIRONMENT

DOE as Enforcement Agency

Institutionalised in 1975
Main role is to prevent, control and
abate pollution through the
enforcement of the EQA,1974 and its
34 subsidiary legislations made
thereunder
The principal agency entrusted to
administer the EQA 1974 and its
subsidiary legislations

Reference: Nor Nuha Mahfuz, Rohida Abdul Wahab, Norzaimah Mohd Dzin, Salma Mohd Kasim, Environmental Law, GMUL5063
 HEALTH, SAFETY AND ENVIRONMENT MANAGEMENT

DEPARTMENT OF ENVIRONMENT
Established in 1975, EQA 1974
15 state offices, 26 branch offices
Appointment Ministry of Science, Technology and
Environment (now know as Green Technology
and Water)

Mission - To ensure sustainable development in

the process of nation building
Air, Noise, Water, Marine, Hazardous substances
Scope Cradle to grave concept source generator has
to ensure the source does not have adverse
impact onto the environment throughout its life

Roles and Prevention, control and abatement of pollution

through the enforcement of the Environmental
Responsibilities Quality Act of 1974 and its subsidiary legislations

Reference: Nor Nuha Mahfuz, Rohida Abdul Wahab, Norzaimah Mohd Dzin, Salma Mohd Kasim, Environmental Law, GMUL5063
 HEALTH, SAFETY AND ENVIRONMENT MANAGEMENT

DEPARTMENT OF ENVIRONMENT

Established on 12 April 1977 under Section

4(1)of the Environmental Quality Act, 1974
Environmental Advise the Ministry on matters pertaining to
the Act
Quality Provides policy guidance to the DOE the
Council formulation of policies and strategies towards
a more holistic approach to environmental
management

Assist in raising the level of public awareness

Environment on the importance of environmental
conservation efforts
Institute of Trainings for Policies, Tools and development
Malaysia Provides certification for competent
Environment practitioner
(EiMAS) Provides training for certification

Reference: Nor Nuha Mahfuz, Rohida Abdul Wahab, Norzaimah Mohd Dzin, Salma Mohd Kasim, Environmental Law, GMUL5063
 HEALTH, SAFETY AND ENVIRONMENT MANAGEMENT

LEGAL REQUIREMENT OF EIA

S.34A(2) of EQA (Amendment) Act 1985
Gazettement of Environmental Quality
(Prescribed Activities, EIA) Order 1987
Any person intending to carry out any of the
prescribed activity shall, before any approval for
the carrying out of such activity is granted by the
relevant approving authority, submit a report to
the Director General. The report shall contain an
assessment of the impact of such activity will
have or is likely to have on the environment and
the proposed measures that shall be undertaken
to prevent, reduce or control the adverse impact
on the environment
Reference: Nor Nuha Mahfuz, Rohida Abdul Wahab, Norzaimah Mohd Dzin, Salma Mohd Kasim, Environmental Law, GMUL5063
 HEALTH, SAFETY AND ENVIRONMENT MANAGEMENT

EIA COVERAGE
Environmental Quality Act
Prescribed Activities (Environmental Impact Assessment) Order,
1987

Prescribed Activities
19 as listed in the Schedule

Exceptions
First Schedule of the Conservation of Environment (Prescribed
Activities) Order 1999 published under the Second
Supplementary of the Sabah Government Gazette on the 30
August 1999
First Schedule of the Natural Resources and Environment
(Prescribed Activities) Order 1994 published under Part II of the
Sarawak Government Gazette on the 18 August 1999

Preliminary or Detailed EIA

Extent of Project significance of impact

Reference: Nor Nuha Mahfuz, Rohida Abdul Wahab, Norzaimah Mohd Dzin, Salma Mohd Kasim, Environmental Law, GMUL5063
 HEALTH, SAFETY AND ENVIRONMENT MANAGEMENT

PRESCRIBED ACTIVITIES
Industry
Infrastructure Agriculture
Quarries Airport
Railways Fisheries
Transportation Forestry

Petroleum
Prescribed
Land reclamation
Activities
Water Supply Housing

Ports Mining

Waste Treatment & Disposal Drainage & Irrigation

Resort & Recreational Development Power Generation & Transmission

Reference: Nor Nuha Mahfuz, Rohida Abdul Wahab, Norzaimah Mohd Dzin, Salma Mohd Kasim, Environmental Law, GMUL5063
 HEALTH, SAFETY AND ENVIRONMENT MANAGEMENT

PENALTY

S.34A(8) of EQA Act 1974

Any person who contravenes this

section shall be guilty of an offence and
shall be liable to a fine not exceeding
five years or both and to a further fine
one thousand ringgit for every day that
the offence is continued after a notice
by the Director General requiring him to
comply with the act specified therein
has been served upon him

Reference: Nor Nuha Mahfuz, Rohida Abdul Wahab, Norzaimah Mohd Dzin, Salma Mohd Kasim, Environmental Law, GMUL5063
 HEALTH, SAFETY AND ENVIRONMENT MANAGEMENT

CONTENTS OF EIA
Project information background, initiator, statement of need

Project description process flow description, design basis,

sources of effluent, air and noise emissions, treatment

Condition of existing environment physical and biological

systems

Potential Impacts and Mitigating Measures during Construction,

Commissioning, Operations

Environmental Management System

Simulation model on potential impact of activities to the existing

environment

Reference: Nor Nuha Mahfuz, Rohida Abdul Wahab, Norzaimah Mohd Dzin, Salma Mohd Kasim, Environmental Law, GMUL5063
 HEALTH, SAFETY AND ENVIRONMENT MANAGEMENT

SCOPE OF EIA

Socio
Economic

Environment
Community

EIA
Assessment

Reference: Nor Nuha Mahfuz, Rohida Abdul Wahab, Norzaimah Mohd Dzin, Salma Mohd Kasim, Environmental Law, GMUL5063
 HEALTH, SAFETY AND ENVIRONMENT MANAGEMENT

EIA PROCESS

Assessment Approval
Project Review
proposal Short and long Presentation Approval
Nature of term impacts Deliberation Conditions
project Socio Monitoring
economics
Application Submission

Reference: Nor Nuha Mahfuz, Rohida Abdul Wahab, Norzaimah Mohd Dzin, Salma Mohd Kasim, Environmental Law, GMUL5063
 HEALTH, SAFETY AND ENVIRONMENT MANAGEMENT

POST EIA COMPLIANCE

Monthly progress reports
Analysis results of Effluent (Water), Air, Noise
parameters
Compliance to EIA Approval Conditions and Guidelines
by the DOE
Remedial actions for non-compliances

Checks / Visits by DOE Officers

Scheduled and unscheduled

Liason officer

Appointed company representative for liason with the

DOE
Ensure all requirement under EIA approval conditions
and EQA 1974 are strictly adhered to

Reference: Nor Nuha Mahfuz, Rohida Abdul Wahab, Norzaimah Mohd Dzin, Salma Mohd Kasim, Environmental Law, GMUL5063
 HEALTH, SAFETY AND ENVIRONMENT MANAGEMENT

EIA CYCLE

Assessment

Identification
Sustaining of impact

Corrective
and
Monitoring
mitigating
actions

Reference: Nor Nuha Mahfuz, Rohida Abdul Wahab, Norzaimah Mohd Dzin, Salma Mohd Kasim, Environmental Law, GMUL5063