Environmental Impact

Assessment (EIA) in Malaysia

Legal Framework and Implementation
Introduction
Lecture outcomes
Definitions
Why EIA?
 Lecture Outcomes

To define EIA.

To explain the importance of EIA.

To summarize the legal framework of EIA in Malaysia.

To identify activities that require EIA.

 DEFINITIONS
the surroundings or conditions in which a person,
Environment animal, or plant lives or operates.

the action of one object coming forcibly into

Impact contact with another.

Assessment the action of assessing someone or something.

A comprehensive evaluation of the likely effects of

EIA a project that significantly affect the environment.
 EIA

A comprehensive evaluation of A tool used to identify the It aims to predict environmental Environmental and economic
the likely effects of a project environmental, social and impacts at an early stage in benefits can be achieved,
that significantly affect the economic impacts of a project project planning and design,
environment. prior to decision-making. find ways and means to reduce
adverse impacts, shape projects
to suit the local environment
and present the predictions and
options to decision-makers.
reduced cost and time of project
implementation and design,
avoided treatment/clean-up costs and
impacts of laws and regulations (UNEP).
Objectives of EIA
 Importance of EIA in Malaysia
Environmental Sustainable Public health and
protection development safety

Investment and
Social well-being Legal compliance
reputation

Climate change
Long-term economic
mitigation and
benefits
adaptation
Legal
Framework
for EIA in
Malaysia
EQA, 1974
EQ (PA)(EIA) ORDER 2015
OTHER LEGISLATIONS
 Stewardship of the Environment

Conservation of the Nature’s Vitality and Diversity

Continuous Improvement in the Quality of the Environment

National Sustainable Use of Natural Resources

Environmental
Policy Integrated Decision-making

Role of the Private Sector

Commitment and Accountability

Active Participation in the International Community

Legal and Regulatory Framework

Primary legislation governing environmental management.

Legal framework for conducting EIA.
Environmental Quality Act (EQA) Empowers DOE to prescribe EIA regulations, guidelines, and procedures, ensuring the
systematic assessment of potential environmental impacts.
Comprehensive EIA guidelines that provide specific requirements and procedures for
conducting EIA studies in different sectors.
EIA Guidelines Outline the scope of the EIA process, ensuring consistency and standardization in EIA
practices.
Land-use planning and development.
Developers to obtain planning permission from local planning authorities.
Town and Country Planning Act (TCPA) Ensures EIA is integrated into the overall planning and development framework.
Promoting sustainable land-use practices.

Provide more specific provisions regarding the conduct of EIA studies.

Environmental Impact Assessment Order (EIAO) Threshold criteria for projects that require a full EIA.

Petroleum (Safety Measures) Act, Environmental Quality (Scheduled Waste) Regulations,

Other Sector-Specific Laws and Regulations: etc.
Unique characteristics and potential environmental impacts of specific industries.
 Environmental Quality Act
1974

An Act relating to the prevention, abatement,

control of pollution and enhancement of the
environment, and for purposes connected
therewith.
Key legal framework for the regulation and
management of environmental quality.

Address various environmental issues and concerns,

with a primary focus on protecting and preserving
Malaysia's natural environment and ensuring
sustainable development
ENVIRONMENTAL QUALITY ACT, 1974
Environmental EIA and Environmental Environmental Quality
Licensing and Permitting Enforcement and
Protection and Pollution Impact Assessment Standards and
(Part III) Penalties
Control (Part IV and IVA) (Section 34A) Regulations
• Legal framework for • The EQA includes • Activities that may have • Develop and enforce • Penalties to deter non-
pollution control and provisions for significant environmental quality compliance with
environmental conducting EIA studies. environmental impacts. standards and environmental
management. • It requires certain • Operators to obtain regulations. regulations and
• Mechanisms to categories of projects permits and comply • Limits for various standards.
prevent, control, and to undergo a with specific conditions environmental • Empowers DOE and
mitigate pollution of mandatory EIA to ensure pollution parameters, such as air relevant agencies, to
the environment process,. prevention and control. quality, water quality, take enforcement
Department of • Empowers the DOE to • Regulatory oversight, noise levels, and waste measures.
Environment (DOE), to establish regulations, monitoring, and management. • Fines, imprisonment, or
enforce pollution guidelines, and enforcement of • Benchmark for both, depending on the
control measures and procedures for EIA. environmental environmental severity of the offense.
ensure compliance with standards and monitoring,
environmental requirements. assessment, and
standards. enforcement, ensuring
the protection of
environmental quality
and human health.
EIA REQUIREMENTS UNDER EQA

Section 34A of the Environmental Quality Act 1974.

• A person who intends to carry out a prescribed activity is required to appoint a qualified person to conduct an EIA and
to submit an EIA Report to the DG.
• The EIA Report must be prepared in accordance with the guidelines prescribed by the Department of Environment
(“DOE”) and contain an assessment of the impact that such activity will have, or is likely to have, on the environment.
• Proposed measures to prevent, reduce or control the adverse impact on the environment are also required to be
detailed in the EIA Report.
• 34A(8) <= RM500,000 or imprisonment <=5 years or both.

Section 5 (1) - Conservation of Environment Enactment 1996 (Sabah)

Section 11A(1) - Natural Resources and Environment (Amendment) Ordinance 1994 (Sarawak)
 Environmental Quality (Prescribed Activities)
(Environmental Impact Assessment) Order 1987

Single schedule of 19 prescribed activities (PA)

Agriculture, airport, drainage and irrigation, and other

activities.

Defined in terms of project size (area) and capacity (quantum)

while others were not defined by any unit of measure.
 Environmental Quality (Prescribed Activities)
(Environmental Impact Assessment) Order 2015
Supersedes 1987 Order.

First Schedule (21) – DOE states

Second Schedule (17) (require public displays and comment) - DOE HQ

Fine tuning 1987 Order (lower threshold)

• Industrial estate > 20 ha is now a prescribed activity. (1987: 50 ha).
• OnG pipelines exceeding 30 km, (1987: 50 km).
• Land development 20 – 500 ha (FS), 500 ha (SS); (1987: 500 ha)
• Introducing ESA concept.
• New prescribed activities:
• slope areas, land reclamation for man-made islands, capital dredging, disposal of waste dredged materials and
activities using and generating radioactive materials.
 Project categories

Agriculture
Aerodrome
Irrigation
Area Aquaculture
Forestry
Road

Industries

Quantum Petroleum
Energy generation

Coastal & hill development

Sensitive areas Slope areas
 Enforcement of EQA and subsidiary
Administration and legislations
Regulation Evaluation Division deals with EIA

EIA Guidelines and Develops and updates EIA guidelines,

procedures, and technical standards.
Standards

DEPARTMENT Evaluation and Approval

of EIA Reports
Evaluates EIA reports.

OF Public Consultation and

ENVIRONMENT Stakeholder Engagement
Oversees the public consultation.

Monitoring and Monitors and enforces compliance

with the conditions and measures
Compliance stipulated in the EIA approvals.
EIA practitioners, environmental
consultants, and relevant
stakeholders.
Capacity Building and
Workshops, seminars, and training
Training sessions to promote better
understanding and implementation of
EIA requirements and best practices.
Other Relevant Legislations

• Town and Country Planning Act 1976

• Forestry Act 1984
• Wildlife Conservation Act 2010
 Overview
Screening
Scoping
Impact assessment
Mitigation measures
EIA Process in Reporting
Review
Malaysia Monitoring
EIA Process Overview

Scoping towards Identification of

Screening formulation of Baseline study mitigation
terms of reference measures

Impact assessment
EIA Report
and evaluation of EIA Report review Decision making
preparation
significance

Project
implementation Environmental
and environmental audit
monitoring
 Screening

THE FIRST PROCESS IN THE EIA STUDY TO DETERMINE IF A PROPOSED

DEVELOPMENT PROJECT REQUIRE EIA
OR NOT.
 Scoping

Early in the project cycle.

Identifying the key environmental issues and the study spatial and temporal boundaries.

Answers the question of what to to be investigated and assessed during the subsequent phases of the EIA process, and the
range and extent of the key issues to be addressed.

Determines the focus and depth of the EIA study, which in turn implicates the requirements on time, personnel, and cost of
the study.

Must consider issues of concerns identified and expressed by the stakeholders.

Stakeholder interviews, and public meetings.

 Baseline studies

Physical: Environmental: Biological: Socio-economic: Cultural/Heritage:

• Land use • Air quality • Terrestrial and • Demography • Archaeological

• Topography • Water quality aquatic • Development resources
• Geology, • Noise, vibration ecosystems needs and • Historical
hydrogeology and nuisance • Flora and fauna potential resources
• Soils and terrain • Groundwater • Environmentally • Infrastructure
• Watershed • Visual/aesthetics sensitive areas facilities
• Economic
activities
 Impact Assessment

Impact Identification Impact Evaluation

Experts' judgement Impact characteristics (temporal, spatial,
Checklist and matrices reversibility)

Multi-criteria analysis Geographic extent

Mathematical models and simulation Ecological context

Case comparison Environmental standards, guidelines, or

objectives
Geospatial analysis
Risk analysis
 To avoid, prevent, minimize, or offset impacts.
Mitigation
and Impact Mitigation hierarchy

• Avoid
Management • Reduce
• Restore
• Compensate
• Enhance
 Reporting

EIA Report Content

• Project description.
• Baseline conditions.
• Impact assessment findings.
• Mitigation measures.
• Monitoring plans.

Reporting Requirements
• Formatting.
• Documentation.
• Stakeholder engagement.
Review Process

First Schedule Second Schedule

12 + 1 copies 35 + 1 copies
25 working days (5 weeks) 60 working days (12 weeks)
State DOE HQ
Public display (30 days, 45 days for comments)
 Outcome

Approval of the EIA Report, provided:

• The Report meets with the requirements of the
Section 34A(3) of EQA 1974.
Rejection of the EIA Report, where:
• The Report does not meet the requirements of the
Section 34A(4) of the EQA 1974.
 Conclusion

EIA AS A PLANNING TOOL IN DEVELOPMENT. ASSISTS IN DECISION MAKING PROCESS. SYSTEMATIC EIA PROCESS REDUCES
ENVIRONMENTAL DAMAGES BY PROVIDING
EFFECTIVE MITIGATION MEASURES.
 Recent Developments and Initiatives

Strengthening EIA Regulations Digitalization and Automation of EIA Capacity Building and Training
Processes Programs
EIA Online Platforms