ENVIRONMENTAL ENVIRONMENTAL IMPACTASSESSMENT: IMPACTASSESSMENT:
PRINCIPLES, POLICY AND PRINCIPLES, POLICY AND PRACTICEPRACTICE
by Dato’ Dr A. Bakar Jaafar, FASc
E-mail: [email protected]
© Abj Enviro-Lecture Series (1/2004)
PRINCIPLES RELATING TO PRINCIPLES RELATING TO ENVIRONMENTAL IMPACT ASSESSMENT ENVIRONMENTAL IMPACT ASSESSMENT (EIA)(EIA)
Principle 13 “In order to achieve a more rational management of resources and thus, to improve the environment, States should adopt an integrated and coordinated approach to their development planning so as to ensure that development is compatible with the need to protect and improve environment for the benefit of their population.” (Ref: (Stockholm) Declaration of the United Nations Conference on the Human Environment (1972))
PRINCIPLES RELATING TO PRINCIPLES RELATING TO EIAEIA
Principle 14 “ Rational planning constitutes an essential tool for reconciling any conflict between the needs of development and to protect and improve the environment.” (Ref: (Stockholm) Declaration of the United Nations Conference on the Human Environment, 1972))
PRINCIPLES RELATING TO PRINCIPLES RELATING TO EIAEIA
Principle 17 “Environmental impact assessment, as a national instrument, shall be undertaken for proposed activities that are likely to have a significant adverse impact on the environment and are subject to a decision of a competent national authority.” (Ref: Rio Declaration on Environment and Development, 3-14 June 1992)
POLICY RELATING TO EIA POLICY RELATING TO EIA IN MALAYSIAIN MALAYSIA
Development
World Bank Environment Mission, 1975; Third Malaysia Plan (1976-80); Ad hoc Panel on EIA, 1977; First National Seminar on EIA, Nov 1977,
Petaling Jaya, led by Dr Michael G. Royston; Draft Handbook on EIA Procedure &
Guidelines by John O’Brien, Goh KS, and A. Bakar Jaafar, 1979.
© Abj Enviro-Lecture Series (1/2004)
LAW OF MALAYSIA RELATING TO LAW OF MALAYSIA RELATING TO EIAEIA
LAW 1986 Amendment to the Environmental
Quality Act 1974: Section 34A:1. “The Minister … prescribe any activity
… significant environmental impact …”;2. “Any person … to carry out any
prescribed activity, before any approval by relevant authority, shall submit a report …”;
LAW OF MALAYSIA LAW OF MALAYSIA RELATING TO EIARELATING TO EIA
ORDEREnvironmental Quality (Prescribed
Activities)(Environmental Impact Assessment) Order, 1987;
Enforced since April 1, 1988
State laws (Ordinance or State laws (Ordinance or Enactment) relating to EIAEnactment) relating to EIA
1. Sarawak : The Natural Resources and Environment Ordinance, 1993; enforced since February 1, 1994.The Sarawak EIA Order, 1994 enforced since September 1, 1994.
2. Sabah : Conservation of Environment Enactment,1996.
WHAT IS ENVIRONMENTAL WHAT IS ENVIRONMENTAL IMPACT ASSESSMENT (EIA)IMPACT ASSESSMENT (EIA)
“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”.
WHY DO WE NEED EIA ?WHY DO WE NEED EIA ?
As planning tool for preventing environmental problems due to an action;
To avoid costly mistakes in project implementation, because of the environmental damage; or because of modifications required subsequently in order to make the action environmentally acceptable;
To integrate environmental considerations into project planning;
To provide additional information to better decision making.
HOW TO CONDUCT EIA?HOW TO CONDUCT EIA?
EIA-PROJECT PLANNING CYCLEEIA-PROJECT PLANNING CYCLE
PROJECT PLANNING CYCLE PROJECT CLASSIFICATION
EIA ISSUES PROJECT APPROVAL
Project Identification
Sourcing for Technology or LicensePre-feasibility/Sitting Decision
0
1
2
Is the project environmentally sound?
Is the technology most advance and clean?
Is the proposed site environmentally least sensitive?
Own approval or Memorandum of UnderstandingBusiness transaction, technology transfer, and license agreement.Department of Environment clearance.
Feasibility/ Project Design
Contract
Dateline Design
Tendering
3
4
5
6
Does the project design incorporate all the required pollution control and other environment mitigating measures?
Are sufficient environmental specifications and safeguard incorporated in contract documents and agreements?Does the design comply with all the specifications?Is sufficient budget provided for environmental control and other environmental mitigating measures in the tender exercise and award?
EIA Report to be approved by the Director-General of Environmental Quality, prior to approval of land conversion or transfer of title, granting or lease by State Government, and issue of license by relevant government agencies. Budget approval.
Written permission by the Director-General of Environmental Quality.
Development and Construction
Commissioning
7
8
Are project development and construction closely supervised?Does the project meet all set standards and conditions?
Approval by land, resources, safety, health, environment and local authorities.
Certification by safety, health, environment and local authorities.
Operation and Maintenance
Abandonment/ End of Project Life
9
X
Is the project fully complying with the imposed standards all the time?Are there significant residual environmental impacts?
Approval by the relevant Federal, State and Environmental Authorities.
Summary of activities subject to EIASummary of activities subject to EIAQuantum Unit Activity Number
60000 BarrelConstruction of product depot for storage of petrol or
diesel12 (e)
5000 Tonne Shipyard 8 (f)
4500 Cubic meterGroundwater development for industrial, agricultural or
urban water supply19 (b)
200 Ton/day Iron and steel industries using scrap iron 8 (e)
100 Family Agricultural programmers necessitating resettlement 1 (b)
100 Ton/day Chemical production industries 8 (a)
100 Ton/day Lime production industries using rotary klin 8 (d)
100 Ton/day Iron and steel industries using iron ore 8 (e)
50 Ton/day Non ferrous industries other than aluminum and copper 8 ( c)
50 Ton/day Lime production industries using vertical klin 8 (d)
50 Ton/day Pulp and paper industries 8 (g)
30 Ton/day Cement industries 8 (d)
10 MegawattConstruction of stream generated power station using
fossil fuel13 (a)
Summary of activities subject to EIASummary of activities subject to EIAProject size Unit Activity Number
5000 Hectare Irrigation schemes 3 (c)
500 Hectare Land development schemes to bring forest land into agriculture production 1 (a)
500 Hectare Development of agricultural estates involving changes in types of agricultural use 1 (c)
500 Hectare Logging 6 (c)
400 Hectare Construction of dams and hydroelectric power schemes reservoirs 13 (b)II
250 Hectare Mining of mineral in new areas 11 (a)
200 Hectare Construction of dams and man-made lakes and artificial enlargement of lakes 3 (a)
200 Hectare Construction of dams or impounding reservoirs 19(a)
100 Family Agricultural programmers necessitating resettlement 1 (b)
100 Hectare Drainage of wetland, wildlife habitat or virgin forest 3 (b)
80 Room Construction of coastal resort facilities or hotels 17 (a)
50 Hectare Coastal reclamation 4
50 HectareLand-based aquaculture projects accompanied by clearing of mangrove swamp forests
5 (c)
50 Hectare Conversion of hill forest land to other land use 6 (a)
50 Hectare Conversion of mangrove swamps for industrial, housing, or Agricultural use 6 (d)
50 Hectare Housing development 7
50 Hectare Industrial estate development for medium and heavy industries 9 (b)
50 Hectare Sand dredging 11 (c)
50 Hectare Hill stations resort or hotel development 17 (b)
50 Kilometer Construction of off-shore and on-shore pipelines 12 (b)
40 HectareConstruction of dams and hydroelectric power schemes with dams over 15 meter high
13 (b)I
2.5 Kilometer Construction of airports 2 (a)
Summary of activities subject to Summary of activities subject to EIAEIA
Prescribe Activity Activity Number
AIRPORT Air strip development in state and national parks 2 (b)
FISHERIES Construction of fishing harbours 5 (a)
FORESTRY
Harbour expansion involving an increase of 50 per cent or more in fish landing capacity per annum
5 (b)
Logging or conversion of forest land to other land use within the catchment area of reservoirs used for municipal water supply, irrigation or hydro power generation or in areas adjacent to state and national parks and national marine parks
6 (b)
INDUSTRYPetrochemical industries- all sizes 8 (b)
Primary smelting of aluminium and copper –all sizes 8 (c)
INFRASTRUCTURE
Construction of hospitals with outfall into beachfronts used for recreational purposes
9 (a)
Construction of expressways 9 (c)
Constructions of national highways 9 (d)
Constructions of new township 9 (e)
PORTS
Constructions of ports 10 (a)
Port expansion involving an increase of 50 per cent more in handling capacity per annum
10 (b)
Summary of activities subject to EIASummary of activities subject to EIAPrescribed activity Activity Number
MININGOre processing including concentrating for alumiunium, copper
and tantalum11 (b)
PETROLEUM Oil and gas fields development 12 (a)
Construction of oil and gas separation, processing, handling and storage facilities
12 (c)
Construction of oil refineries 12 (d)
POWER GENERATION AND TRANSMISSION
Construction of combine cycle power stations 13 (c)
Construction of nuclear-fueled power stations 13 (d)
QUARRIES
Proposed quarrying of aggregate limestone, silica, quartzite, sandstone, marble and decorative building stone within 3 kilometer of existing residential, commercial or industrial areas, or any areas for which license, permit or approval has been granted for residential, commercial or industrial development
14
RAILWAYSConstruction of new routes 15 (a)
Construction of branch lines 15 (b)
TRANSPORTATION Construction of Mass Rapid Transport projects 16
RESORT AND RECREATIONAL DEVELOPMENT
Development of tourist or recreational facilities in national parks 17 (c)
Development of tourist or recreational facilities on island in surrounding water which are gazetted as national marine parks
17 (d)
Summary of activities subject Summary of activities subject to EIAto EIA
Prescribed Activity Activity Number
WASTE TREATMENT AND DISPOSAL
(Toxic and Hazardous Waste)
Construction of incineration plant 18 (a)I
Construction of recovery plant (off-site) 18 (a)II
Construction of waste treatment plant (off-site) 18 (a)III
Construction of secure landfill facility 18 (a)IV
Construction of storage facility (off-site) 18 (a)V
(Municipal Solid Waste)
Construction of incineration plant 18 (b)I
Construction of composting plant 18 (b)II
Construction of recovery/recycling plant 18 (b)III
Construction of municipal solid waste landfill facility 18 (b)IV
Municipal SewageConstruction of wastewater treatment plant 18 (c)I
Construction of marine outfall 18 (c)II
EIA IN SUMMARYEIA IN SUMMARY
USE COMMON SENSE:“ No EIA Reports … necessarily prepared…!” e.g1. Proposed pulp and paper mill upstream of raw-
water intake points for drinking water supply… Sungai Langat, Selangor.
2. Proposed independent Power Production using hazardous and toxic waste import from Europe…for Yan, Kedah.
3. Proposed Quarry operations in the vicinity of Batu Pahat township.
© Abj Enviro-Lecture Series (1/2004)
BIBLIOGRAPHYBIBLIOGRAPHY
Abu Bakar Jaafar (1995). “Two Decades of Environmental Quality Management in Malaysia: The Way Forward “. Paper Presented at Seminar on National Review of Environmental Quality Management in Malaysia. 10-12 October. Kuala Lumpur, Malaysia. Laws of Environmental Quality Act 1974 (Act 127) and Subsidiary Legislation. Petaling Jaya. International Law Book Series. Edition 2001.269p.
Malaysia, Department of Environment (1994). Environmental Requirements: A Guide for Investors. Kuala Lumpur. First Edition.55p.
Malaysia, Department of Environment (1991). Environmental Impact Assessment (EIA): Procedure and Requirements in Malaysia. Kuala Lumpur. Zahara Ishak Snd Bhd for JPN.22p.
Malaysia, Department of Environemnt (1992). Pelaksanaan Prosedur dan Perintah Alam Skeliling (Penilaian Kesan Kepada Alam Sekeliling) 1987 di Bawah Akta Kualiti Alam Sekeliling 1974 (pindaan 1985). Taklimat oleh Dr. Abu Bakar Jaafar, Ketua Pengarah Alam Sekitar kepada Jawatankuasa Tetap Alam Sekitar, Negeri Selangor Darul Ehsan. (Unpublished). 3 March 1992. 23p. 9 Figures, 1 Table. Annex A-D
Malaysia, Department of Environment (1995). A Handbook of Environmental Impact Assessment Guidelines. Kuala Lumpur. Department of Environment.
Rajeswari Kanniah(1999). An Analysis of The Laws Relating to Environmental Impact Assessment in Malaysia with Specific Reference to Federal-State Jurisdiction. UM Thesis. Kuala Lumpur, University of Malaya.313p.
BIBLIOGRAPHYBIBLIOGRAPHY
