IMPLEMENTATION OF ENVIRONMENTAL IMPACT ASSESSMENT (EIA) ON RESIDENTIAL PROJECTS
INSARAWAK
Syarifah Noorlia bt Wan Bujang 04-03-1086
Master of Environmental Science (Land Use and Water Resource Management)
2006
ACKNOWLEDGEMENTS
First and foremost I wish to thank the management of the SLUSE-M programme for giving
me the opportunity to pursue in this programme
I wish to express my deepest gratitude to my supervisor Associate Professor Dr Lau Seng
for his guidance and advise in this research
I also wish to thank the YB Dr James Dawos Mamit the Controller of Environmental
Quality of NREB Mr Chong Ted Tsiung as well as the management of NREB for guiding
me to complete this research
Last but not least my highest gratitude to my colleagues in Chemsain Konsultant Sdn Bhd
all the lecturers of SLUSE programme developers consultants friends and all who had
help to contribute in this research
TABLE OF CONTENTS
Acknowledgements Table of Contents List of Tables List of Figures Abstract Abstrak
1 11 12 13 14 15
2 21 22 23
24 241 242 243 244
245 246
25
26 27 28 29
251 2511 2512 2513
252 2521 2522 2523 2534 2535 2536 2537 2538 2539 25310 25311
25312 25313
INTRODUCTION Background Demand for housing in Sarawak Environmental Impacts of Residential Projects Problem Statements Objective of the Study
LITERATURE REVIEW Definition of Housing Development Site Selection and Project Options Identification of suitable sites and screening for housing and new township development projects Environmental Impact Assessment (EIA) Introduction Briefhistory ofEIA EIA History in Malaysia Legislative requirement for EIA for residential projects in Malaysia Basic principle of EIA process Environmental Management Plan (EMP) EIA Procedure in Malaysia Department of Environment (DOE) Preliminary assessment Detailed assessment Review Natural Resources and Environmental Ordinance Project Screening Scoping Terms of Reference (TOR) Environment Data Collection Identification and prediction of impacts Evaluation of impacts Mitigation of impacts Documentation ofEIA fmdings Review of EIA report Approval of EIA report Co-signing of Agreement of the Environmental Terms and Conditions Post-monitoring and Auditing Non-compliance of Terms and Conditions Public Participation Environmental Costs and Benefits Analysis Executive Summary Format of an EIA Report in Sarawak
11
11
IV V
VI vii
I 1 2 3 5
7 8 8
11 11 12 13 15
19 23 25 25 25 25 26 29 29 29 30 31 31 33 34 35 35 37 38
38 39 39 40 43 44
28 Executive Summary 43 29 Format ofan EIA Report in Sarawak 44
3 METHODOLOGY 31 Desktop review 50
311 Existing EIA regulation and guidelines 50 312 EIA and EMP reports 50
32 Issues and problems raised by the public 53 33 Field observation 53 34 Interviews 53 35 Questionnaires 53
4 RESULTS 41 Developers Perspective 54
411 Development of Prescribed Activities Projects 54 412 Developers perception of EIA 55 413 NREBs client charter 55
42 Authorities Perspective 59 421 Environmental Regulation (ER) Section NREB 59 422 Statistics of EIA reports 60
4221 EIA reports submitted and approved by NREB 60 4222 EIA reports received and approved for realty projects 62 4223 EIA reports received and approved for realty projects 64
423 Enforcement and Compliance (EampC) Section NREB 66 4231 Process of complaints received 67 4232 Compounds received by NREB 70
43 Public Perspective 72
5 DISCUSSION 51 EIA Process 80
511 Developers Perspective 80 512 Authorities Perspective 81 513 Public Perspective 82
52 Implementation of EIA findings 83 521 Developers Perspective 83 522 Authorities Perspective 84 523 Public Perspective 84
53 Weakness in the system 85 531 Conflicting approval 85 532 EampC Section 88 533 Deficiency in EIA reports 89
6 CONCLUSION AND RECOMMENDATIONS 92
REFERENCES 94 PLATES 1 APPENDIX 1 2
ill
Table 11
Table 31 Table 41
Table 42 Table 43
Table 44
Table 45
LIST OF TABLES
Page Profitability Indicators and Decision Rules Used in 42 CBA List of EIA and EMP reports 51 Summary for duration for approval of EIA reports on 58 residential projects Number of compounds received by NREB by year 67 Experienced development in residential area and affect 75 and change the environment of residential area crossshytabulation Lodge a complaint on environment to the authority 76 and satisfaction on the environment on residential area cross-tabulation Awareness of EIA study and consider EIA findings 78 when buying a housing property
IV
LIST OF FIGURES
PageFigure 21 Outline of Environmental Impact Assessment 28
Procedure in Malaysia Figure 22 Environmental Impact Assessment (EIA) process 48 Figure 23 Flow chart for evaluation and review 49 Figure 41 Project commencement flowchart for developers to 57
start a development project on prescribed activities Figure 42 Total ofEIA reports received vs number ofEIA 61
reports Approved from 1994-2006 Figure 43 Total ofEIA reports received vs number ofEIA 63
reports Approved for Realty Unit from 1994-2006 Figure 44 Total EIA report received versus approved for housing 65
projects from 1994-2006 Figure 45 Mode ofcomplaints received in NREB 67 Figure 46 Process of complaints cases flow-chart 69 Figure 47 Respondents residential area 72 Figure 48 Housing property ownership 73 Figure 49 Understanding roles and functions ofNREB () 74 Figure 410 Respondents choice of authority to lodge a complaint 77
on environment Figure 411 Factors considered when making a decision to buy a 79
housing property
v
ABSTRACT
Sarawak economic is expected to remain robust and dynamic which leads to urban
migration and demands for more residential developments The level and types of impact
from residential projects will vary significantly based on project-to-project basis New
township on virgin sites can be extremely intrusive and have major impacts on natural
resources and the existing natural environment EIA is essentially a planning tool for
preventing environmental problems due to an action It is required under the Sarawak
NREO 1993 Certain criteria on development of residential and commercial areas are
prescribed activities that require ElA implementation However the problems faced by the
authorities and developers may affect the implementation ofElA The study aims at looking
to the perception of the developers authorities as well as the public on implementation of
EIA It involves collation of guidelines on housing developments EIA and EMP reports
literature and other published articles on housing development The study also conducted
interviews with key personnel of the authorities and selected ElA consultants The
developers were concern on the procedural delays and red tape of an ElA approval
Approval from SPA is their major license to project implementation although SPA only
gives approval in principle The authorities need more resources to cater the services as
more development is coming Some of the public are aware of ElA implementation
Respondents would choose price and promotion factor over environmental conditions of the
area Deficiencies in ElA reports can be reduced by giving more stress on important issues
and have sound knowledge on the issues NREB can work more efficiently giving more
publicity to the public and define its roles and functions SPA NREB and Land and Survey
Department working closely in giving approval to development can avoid future difficulties
on the environment
VI
ABSTRAK
Perkernbangan ekonorni di Sarawak dijangkakan akan berkernbang pesat dan dinarnik
lantas rnenjurus kepada rnigrasi penduduk ke kawasan bandar Ini rnenyebabkan
permintaan tinggi untuk perurnahan Tahap dan kesan yang disebabkan oleh pernbangunan
kawasan perurnahan arnatlah berbeza dari satu projek ke projek yang lain Pernbangunan
kawasan bandar baru di kawasan baru boleh rnenyebabkan irnpak yang negatif kepada
surnber alarn sernulajadi dan keadaan asal alarn sernulajadi di kawasan berkenaan EIA
adalah satu kaedah perancangan bagi rnengelakkan kesan alarn sekitar akibat sesuatu
pernbangunan Ia diwajibkan dibawah NREO Sarawak 1993 Beberapa kriteria untuk
pernbangunan kawasan perurnahan dan kornersil rnernerlukan EIA untuk dijalankan
Walaubagairnanapun kekurangan yang perlu dihadapi oleh pihak pengusaha dan
penguatkuasa boleh rnengganggu proses EIA Kajian ini bertujuan rnenilai persepsi dan
pandangan pihak pengusaha penguatkuasa dan juga orang awarn rnengenai perlaksanaan
EIA Kajian ini rnelibatkan penilaian garis panduan untuk pernbangunan kawasan
perurnahan laporan EIA dan EMP serta artikel-artikel rnengenai pernbangunan kawasan
perurnahan Sesi ternuduga dengan pegawai kerajaan yang berkaitan pengusaha dan
jururunding EIA juga dijalankan Pengusaha rnenyatakan bahawa isu penangguhan
kelulusan EIA dan proses yang perlu rnelalui banyak prosedur rnengganggu kelancaran
projek pernbangunan Bagi rnereka kelulusan dari SPA adalah lesen paling utarna
walaupun SPA hanya rnernberi kelulusan dari segi prinsipal sahaja Pihak penguatkuasa
rnernerlukan lebih banyak kakitangan dan kernudahan kerana pernbangunan yang pesat
Sebilangan orang awarn sedar akan kewujudan EIA Orang awarn lebih rnernilih harga dan
prornosi berbanding keadaan alarn sekitar di sekililing rurnah Kekurangan dalarn laporan
EIA boleh diatasi dengan rnernberi turnpuan kepada isu yang lebih penting dan
rnernpertingkatkan ilrnu dan kernahiran dalarn isu-isu berkenaan NREB boleh bertindak
dengan lebih berkesan dengan rnernberikan lebih banyak publisiti dan rnenerangkan
mengenai fungsi badan berkenaan SPA NREB dan Jabatan Tanah dan Ukur perlu
berkerjasama dalam rnernberikan kelulusan terhadap sesuatu projek untuk mengelakkan
rna salah di rnasa akan datang
Vll
CHAPTER 1
INTRODUCTION
11 Background
Sarawak has a population of 2176800 The capital city of Kuching has some 458300
people making it the highest populated city in Sarawak and the seventh highest
populated city in Malaysia (Sarawak Online)
The global economic environment in Sarawak is expected to remain robust and
dynamic right up to the next decade with both the industrial and developing countries
anticipated maintaining sustainable output growth Global trade is predicted to expand
by about 8 The availability of vast competitively priced land and rich reserves of
natural resources has made Sarawak an attractive choice for manufacturing operations
among investors This leads to ongoing demand fur additional housing and an ongoing
need fur additional sites fur this purpose According to Phillips (1997) the urban areas
in Sarawak particularly the Kuching and Sibu divisions are developing rapidly due to
the ruralurban migration and intense business development
12 Demand for housing in Sarawak
The success of the Governments housing strategies in human settlements can be seen
from the construction of over 850000 houses between 1996-2000 and 615000 houses
from 2001-2005 (Rahman 2005) The government has also introduced the Integrated
Peoples Housing Programme to resettle squatters into new housing areas with all
1
basic amenities The Programme is well on track in meeting the 0 squatters target by
the end of 2005
The vast acreage ofland required will inevitably result in significant impacts and
environmental considerations must be incorporated in the approval process for new
housing development process
13 Environmental Impacts of Residential Projects
The level and types of impact from residential projects will vary significantly based on
project-to-project basis New township on virgin sites can be extremely intrusive and
have major impacts on natural resources and the existing natural environment
However many new housing projects will be proposed in existing urbanized area on
land already zoned for residential use As such there will be little impact on natural
resources and no consideration on alternative sites Thus the project may only have to
be considered in terms of design and the more immediate construction and operating
impacts
The adverse environmental impacts of housing projects can occur at regional local and
site scales (Pakistan Environmental Agency 1997) Direct impacts are mainly physical
on the site development construction and operation of a project Indirect impacts are
experienced offsite and are more difficult to quantify in large housing projects indirect
impacts can be very significant These are often overlooked or ignored in impact
evaluation and mitigation
2
14 Problem statements
Rational of the study are stated as follow
(j) EIA and Existing Policy
Sarawak is the first state to enact its own law on environmental protection and
natural resource management EIA study is required under Section 11 (N
Natural Resources and Environmental Ordinance (NREO) (Chapter 84 Laws of
Sarawak) It is necessary for Prescribed Activities or development activities
which are having impacts to the environment
Under the First Schedule Prescribed Activities ltArticle 2 3 and 6) development
ofcommercial industrial and housing estates includes the following conditions
i Development of commercial or housing estates of an area exceeding 10
hectares
ll Development of industrial estates with factories to accommodate medium
or heavy industries
lll Conversion of mangrove swamps into industrial commercial or housing
estate exceeding 10 hectares in area
iv Reclamation of land whether by the sea or along river banks for housing
commercial or industrial estates
Then the EIA report is to be submitted to the Natural Resources and
Environment Board Sarawak (NREB) for approvaL If the report is found
satisfactory NREB will give permission in writing for such development activities
3
to be undertaken or commenced and the project developer is obliged to undertake
in writing the orders and directives of the NREB Therefore serious consideration
as well as thorough-planning needs to be taken for development projects
especially on difficult and expensive-management-practices areas such as
peatland
(ji) Shortfalls ofthe EIA system in Sarawak
Relevant critical issues are usually ignored as the issues depend on the ability of
the EIA team to address them where good field survey literature review
consultation with relevant authorities as well as discussion with local people of
the affected project area are required These information would hold strongly
with the abatement and mitigating measures as an integral part of the EIA
report
Guidelines on EIA study for residential areas are quite general and have rooms
for improvement In addition EIA is only a project based without looking into
cumulative impacts of the study Good guidelines and better understanding of the
purpose of EIA could make a clear view for the developers and the public on EIA
implementation The developers as well as the public could appreciate the
implementation of EIA as well as experiencing sustainable development
4
PoSIt lCflimat Mklumllt Akldemik UNtVEkStTt MALAYStA SAIlAWAK
(ill) Rapid development ofresidential projects
Agriculture and urbanization in major towns in Sarawak are encroaching into
peatland areas This situation is mainly because of the increasing shortages of
good agricultural land for further development the flat topography and its
occurrence close to the population centres and existing cropped areas (Tek et aI
2001)
The project has to be designed to suit the local environment to be likely completed
in time and within budget as well as avoiding difficulties along the way It has to
also conserve the natural resources it relies upon will continue to sustain by the
environment in near future A project has to yield its benefits without causing
serious environmental problems Furthermore it will bring credit and recognition
to the project proponent
15 Objectives of the Study
The overall objective of the study is to determine the perception of the concerned
parties on the implementation of EIA for residential projects in Sarawak Such
perception will indeed determine the sensitivity of these parties on the need of EIA
process as an environmental management tooL
The specific objectives are as follows
1 Determine the perception of developers authorities and the public on
implementation of EIA for residential areas
5
ii Determine effectiveness of EIA process as an environmental management tool
by reviewing issues commonly raised during EIA study
iii Examine and review the overall legislation requirements as well as
management practices for implementation of EIA on residential projects
IV Formulate or suggest needs to enhance the process to ensure environmental
8ustainability
6
21
CHAPTER 2
LITERATURE REVIEW
Definition ofHousing Development
From a housing developers perspective a house is a product which the housing
developer is authorised to sell (subject to such constraints imposed upon the housing
developer by the Housing Development (Control amp Licensing) Act 1966 as recently
amended 1st December 2002 and the Regulations made there under to any intending
and willing purchase at the price stipulated in the sales brochures However this
product need not be in existence when the sale and purchase agreement is signed but
must be completed and fit for occupancy when the final purchase price is paid
Under Section 3 of the Housing Development (Control amp Licensing) Act 1966 (effective
1st December 2002) the term housing development has been defined to mean the
construction of more than four units of housing accommodation for sale to the public
It also includes the sale of more than four units of housing lots by a landowner with a
view of constructing houses thereon by the same landowner or by his nominee The
term housing lots has been defined as any piece of land surveyed or otherwise to
which a lot number has been assigned to it and which is subject to the category of
building in accordance with the National Land Code 1965
7
22 Site Selection and Project Options
The consideration of alternatives in project planning is one of the most notable
preventative or mitigation measures for many housing projects Site selection will
determine the type and magnitude of environmental and social impacts resulting from
the development of housing and township areas
The location of new housing and township projects may cause public reaction It may be
a positive perception for development However it may be a concern particularly if the
facilities are visually obstructive and involve major environmental issues The impacts
will be utmost where the location is close either to the existing population or to unspoilt
natural areas Improper project selection or location can lead to significant socioshy
economic andor environment impacts that can result in the rejection of planning
permission
EIA study must provide justification for the project the project components layout
planning and the site selection Environmental considerations must be considered
alongside economic and engineering considerations
23 Identification of suitable sites and screening for housing and new
township development projects
Identification of a large study area and identification of suitable area through
elimination of unsuitable areas is called constraints mapping It is usually necessary
for large-scale housing and new township projects not attached to a specific location
8
(a) Determine site requirements
Determine the size of the project including any potential expansion of the project
in the future Access routes to the area such as road and highway interchange as
well as utilities for the proposed project site should also be determined
(b) Determine extent of study area
Determine the maximum radius of the study area based on the economic
feasibility of delivery distances from construction material sources and waste
disposal sites
(c) Determine regulatory constraints to project
Project proponent shall verify if the proposed project is classified under low costs
mediumcosts high costs or special and any regulatory constraints to project
based on the housing classification
Buffer zone should be established and the site should be able to accommodate
buffer zones with respect to air water and noise pollution and solid and toxic
waste problems Control problems will be expected in many cases and landscaping
can provide barriers to neighbours and improve aesthetics values
(d) Determine environment constraints
9
Verify if the area has incompatible past current zoned or potential uses as urban
areas areas of incompatible housing classification areas of high amenity value
(tourism potential gazetted beaches national parks and marine parks) area of
special scientific interest high ecological and scientific values or aesthetic values
It should also avoid unsuited areas to receive pollution loads air sheds and water
catchments areas as well as areas of national mineral reserves
Unique habitat areas should be avoided Siting the development area near or
ecologically or environmentally sensitive habitats (eg mangroves estuaries
wetlands coral reefs) can cause irreversible damage to these habitats and are I
costly to develop
I
(e) Determine engineering and economic constraints
The housing and new townships development should have due regard for their
potential to contaminate cause man-induced geo-hazards such as slope failures
and flooding
Areas that require excessive investment in infrastructure such as distance from
existing roads difficulties in access expensive or difficult site formation is
deeming constraints to a development Minimise earthworks by taking advantage
of natural contours
(D Establish suitable areas
10
Establish areas zoned for Prescribed Activity if any such as slope area or water
catchments areas Areas of cultural natural heritage and unique or important
archaeological historical or cultural interest site of special scientific interest
should be avoided
Constraint mapping technique is used to designate areas which have unsuitable
physical and other environmental characteristics using constraints listed above
Place shaded transparencies (or use a Geographical Information System (GIS)
over these low suitability areas on the study area map_ The unshaded area may be
considered generally suitable
(g) Public perception
Public acceptance through awareness and education programmes in the proposed
development project is deemed necessary Potential impacts and process
equipment by providing noise barrieradequate buffer is to be provided for the
welfare of the public
24 Environmental Impact Assessment (EIA)
242 Introduction
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
11
Lawrence (2003) defined ElA as a systematic process of
I Determining and managing (identifying describing measuring predicting
interpreting integrating communicating involving and controlling) the
ii Potential (or reaD impacts (direct and indirect individual and cumulative
likelihood of occurrence) opound
iii Proposed (or existing) human actions (projects plans programs legislation
activities) and their alternatives
IV Environment (physical chemical biological human health cultural social
economic built and interrelations)
ElA is essentially a planning tool for preventing environmental problems due to an
action It encompasses a broad definition of environment of alternatives and of
proposed actions It seeks to avoid costly mistakes in project implementation either
because of the environmental damages that are likely to arise during project
implementation or because of modifications that may be required subsequently in
order to make the action environmentally acceptable Thus the systematic exploration
of interrelationship (eg among environmental components between the proposal and
the environment among alternatives among impacts) is obviously crucial in ElA
242 BriefHistory ofEIA
EIA was first formally established in the USA in 1969 and has since spread in various
forms to most other countries (Glasson et al 1999) The US National Policy Act
(NEPA) 1969 was the first legislation to require ElAs Consequently it has become an
12
important model for EIA systems both because it was a radically new form of
environment policy and because of the success and failures of its subsequent
development
EIA systems are perceived in many ways Some are in the form of mandatory
regulations acts or statues which are generally enforced by the authorities
Preparation of an adequate EIA is required before permission is given for a project to
proceed In other cases EIA systems exist in the form of guidelines which are not
enforceable but generally imposed obligations on the administrating agency Other
legislations allow government officials to require EIAs to be prepared at their
discretion In some cases EIAs are prepared in an ad hoc manner often because
funding bodies requires them (eg World Bank Asia Development Bank) as part of a
funding approval process Some project developers have a policy to conduct EIA as part
of their management-planning tool
243 EIA History in Malaysia
The Environmental Quality Act (EQA) 1974 is a federal act relating to the preventive
abatement control of pollution and enhancement of the environment In the late
eighties four additional sets of regulations were introduced and enforced by the
Department of Environment (DOE) which includes Environmental Quality (Prescribed
Activities)(Environmental Impact Assessment Order) 1987 which concerns the
requirement ofEIA for the prescribed activity This order was enforced on the let April
1988 in aU 13 states
13
In 1993 four DOE States Office (Johor Penang Selangor and Sarawak) was given the
full responsibility to review and decide on all Preliminary EIA reports In 1999 the
decentralization of EIA review process was fully expanded to the rest of the States
office The States DOE approach was to be a one-stop agency to all relevant technical
departments and agencies from Federal and State to provide inputs or comments in the
review of EIA reports (Sentian amp Tuah 2001) DOE is authorized to agree to
environmental issues and mitigating measures addressed in the EIA report by the
project proponent and its EIA consultant Other relevant approving authorities will
oversee other aspects such as planning development licensing and permits before the
project can commence
Sarawak enforced its newly amended Natural Resources and Environment Ordinance
1949 on 1st February 1999 to cover the areas of environmental management of natural
resources A Natural Resources and Environmental Board was established to
administer the Ordinance which include the power to formulate or develop policies and
guidelines to ensure exploitation conservation and management of natural resources in
the state will not cause any adverse impact on the environment (Mamit 1997)
Sarawak EIA Order was enforced on the 1st September 1994 requiring any person to
carry out any prescribed activity to submit an EIA report to the Board
Conservation of Environment Enactment 1996 was created in Sabah It carries the core
function similar to those of Natural Resources Ordinance 1949 (Amended 1993) in
14
Sarawak Under this Enactment the Conservation of Environment (Prescribed
Activity) Order 1999 was made and came into force on 1st September 1999
244 Legislative requirement ofEIA for residential projects in Malaysia
EIA when integrated into the existing planning and decision-making machinery
provides additional information towards better decision-making It has been widely
accepted as a useful and beneficial tool before a decision is made in respect of any
proposed development
(j) Environmental Quality Act 1974 (EQA) and Environmental Quality (Prescribed
Activities)(Environmental Impact Assessment) ltAmendment) Order 1995
In Malaysia EIA is required under section 34A Environmental Quality Act 1974 It
was made mandatory for certain prescribed activities since 1st April 1988 with the
coming force of the Environmental Quality (Prescribed Activities)(Environmental
Impact Assessment) Order 1987
Section 34A of the EQA provides powers to the Minister to prescribe by order any
activity which may give significant environmental impacts as a prescribed activity for
which a report on an assessment of the impact(s) such an activity will have on the
environment be submitted to the Director General of Environmental Quality of
Department of Environment (DOE) for approval The submission of an EIA report for
15
approval by the Director General is a requirement prior to granting of approval by the
relevant project approving authority (ILBS 1994)
The Order listed 19 prescribed activities The following activities in relation to
residential areas are required for submission and approval of EIA report
Item (7) Housing
Housing development covering an area of 50 hectares or more
Item (9) Infrastructure
(a) Construction of hospitals with outfall into beachfronts used for
recreational purpose
(b) Industrial estate development for medium and heavy industries
covering an area of50 hectares or more
(c) Construction ofexpressways
(d) Construction of national highways
(e) Construction of new townships
Furthermore all development carried out on hilly terrain with 26-35 degrees slope are
also 8ubjected to EIA reporting in line with Cabinet directive as detailed in the
Guidelines issued by the Ministry of Natural Resources and Environment (NIlE)
Malaysia
16
ACKNOWLEDGEMENTS
First and foremost I wish to thank the management of the SLUSE-M programme for giving
me the opportunity to pursue in this programme
I wish to express my deepest gratitude to my supervisor Associate Professor Dr Lau Seng
for his guidance and advise in this research
I also wish to thank the YB Dr James Dawos Mamit the Controller of Environmental
Quality of NREB Mr Chong Ted Tsiung as well as the management of NREB for guiding
me to complete this research
Last but not least my highest gratitude to my colleagues in Chemsain Konsultant Sdn Bhd
all the lecturers of SLUSE programme developers consultants friends and all who had
help to contribute in this research
TABLE OF CONTENTS
Acknowledgements Table of Contents List of Tables List of Figures Abstract Abstrak
1 11 12 13 14 15
2 21 22 23
24 241 242 243 244
245 246
25
26 27 28 29
251 2511 2512 2513
252 2521 2522 2523 2534 2535 2536 2537 2538 2539 25310 25311
25312 25313
INTRODUCTION Background Demand for housing in Sarawak Environmental Impacts of Residential Projects Problem Statements Objective of the Study
LITERATURE REVIEW Definition of Housing Development Site Selection and Project Options Identification of suitable sites and screening for housing and new township development projects Environmental Impact Assessment (EIA) Introduction Briefhistory ofEIA EIA History in Malaysia Legislative requirement for EIA for residential projects in Malaysia Basic principle of EIA process Environmental Management Plan (EMP) EIA Procedure in Malaysia Department of Environment (DOE) Preliminary assessment Detailed assessment Review Natural Resources and Environmental Ordinance Project Screening Scoping Terms of Reference (TOR) Environment Data Collection Identification and prediction of impacts Evaluation of impacts Mitigation of impacts Documentation ofEIA fmdings Review of EIA report Approval of EIA report Co-signing of Agreement of the Environmental Terms and Conditions Post-monitoring and Auditing Non-compliance of Terms and Conditions Public Participation Environmental Costs and Benefits Analysis Executive Summary Format of an EIA Report in Sarawak
11
11
IV V
VI vii
I 1 2 3 5
7 8 8
11 11 12 13 15
19 23 25 25 25 25 26 29 29 29 30 31 31 33 34 35 35 37 38
38 39 39 40 43 44
28 Executive Summary 43 29 Format ofan EIA Report in Sarawak 44
3 METHODOLOGY 31 Desktop review 50
311 Existing EIA regulation and guidelines 50 312 EIA and EMP reports 50
32 Issues and problems raised by the public 53 33 Field observation 53 34 Interviews 53 35 Questionnaires 53
4 RESULTS 41 Developers Perspective 54
411 Development of Prescribed Activities Projects 54 412 Developers perception of EIA 55 413 NREBs client charter 55
42 Authorities Perspective 59 421 Environmental Regulation (ER) Section NREB 59 422 Statistics of EIA reports 60
4221 EIA reports submitted and approved by NREB 60 4222 EIA reports received and approved for realty projects 62 4223 EIA reports received and approved for realty projects 64
423 Enforcement and Compliance (EampC) Section NREB 66 4231 Process of complaints received 67 4232 Compounds received by NREB 70
43 Public Perspective 72
5 DISCUSSION 51 EIA Process 80
511 Developers Perspective 80 512 Authorities Perspective 81 513 Public Perspective 82
52 Implementation of EIA findings 83 521 Developers Perspective 83 522 Authorities Perspective 84 523 Public Perspective 84
53 Weakness in the system 85 531 Conflicting approval 85 532 EampC Section 88 533 Deficiency in EIA reports 89
6 CONCLUSION AND RECOMMENDATIONS 92
REFERENCES 94 PLATES 1 APPENDIX 1 2
ill
Table 11
Table 31 Table 41
Table 42 Table 43
Table 44
Table 45
LIST OF TABLES
Page Profitability Indicators and Decision Rules Used in 42 CBA List of EIA and EMP reports 51 Summary for duration for approval of EIA reports on 58 residential projects Number of compounds received by NREB by year 67 Experienced development in residential area and affect 75 and change the environment of residential area crossshytabulation Lodge a complaint on environment to the authority 76 and satisfaction on the environment on residential area cross-tabulation Awareness of EIA study and consider EIA findings 78 when buying a housing property
IV
LIST OF FIGURES
PageFigure 21 Outline of Environmental Impact Assessment 28
Procedure in Malaysia Figure 22 Environmental Impact Assessment (EIA) process 48 Figure 23 Flow chart for evaluation and review 49 Figure 41 Project commencement flowchart for developers to 57
start a development project on prescribed activities Figure 42 Total ofEIA reports received vs number ofEIA 61
reports Approved from 1994-2006 Figure 43 Total ofEIA reports received vs number ofEIA 63
reports Approved for Realty Unit from 1994-2006 Figure 44 Total EIA report received versus approved for housing 65
projects from 1994-2006 Figure 45 Mode ofcomplaints received in NREB 67 Figure 46 Process of complaints cases flow-chart 69 Figure 47 Respondents residential area 72 Figure 48 Housing property ownership 73 Figure 49 Understanding roles and functions ofNREB () 74 Figure 410 Respondents choice of authority to lodge a complaint 77
on environment Figure 411 Factors considered when making a decision to buy a 79
housing property
v
ABSTRACT
Sarawak economic is expected to remain robust and dynamic which leads to urban
migration and demands for more residential developments The level and types of impact
from residential projects will vary significantly based on project-to-project basis New
township on virgin sites can be extremely intrusive and have major impacts on natural
resources and the existing natural environment EIA is essentially a planning tool for
preventing environmental problems due to an action It is required under the Sarawak
NREO 1993 Certain criteria on development of residential and commercial areas are
prescribed activities that require ElA implementation However the problems faced by the
authorities and developers may affect the implementation ofElA The study aims at looking
to the perception of the developers authorities as well as the public on implementation of
EIA It involves collation of guidelines on housing developments EIA and EMP reports
literature and other published articles on housing development The study also conducted
interviews with key personnel of the authorities and selected ElA consultants The
developers were concern on the procedural delays and red tape of an ElA approval
Approval from SPA is their major license to project implementation although SPA only
gives approval in principle The authorities need more resources to cater the services as
more development is coming Some of the public are aware of ElA implementation
Respondents would choose price and promotion factor over environmental conditions of the
area Deficiencies in ElA reports can be reduced by giving more stress on important issues
and have sound knowledge on the issues NREB can work more efficiently giving more
publicity to the public and define its roles and functions SPA NREB and Land and Survey
Department working closely in giving approval to development can avoid future difficulties
on the environment
VI
ABSTRAK
Perkernbangan ekonorni di Sarawak dijangkakan akan berkernbang pesat dan dinarnik
lantas rnenjurus kepada rnigrasi penduduk ke kawasan bandar Ini rnenyebabkan
permintaan tinggi untuk perurnahan Tahap dan kesan yang disebabkan oleh pernbangunan
kawasan perurnahan arnatlah berbeza dari satu projek ke projek yang lain Pernbangunan
kawasan bandar baru di kawasan baru boleh rnenyebabkan irnpak yang negatif kepada
surnber alarn sernulajadi dan keadaan asal alarn sernulajadi di kawasan berkenaan EIA
adalah satu kaedah perancangan bagi rnengelakkan kesan alarn sekitar akibat sesuatu
pernbangunan Ia diwajibkan dibawah NREO Sarawak 1993 Beberapa kriteria untuk
pernbangunan kawasan perurnahan dan kornersil rnernerlukan EIA untuk dijalankan
Walaubagairnanapun kekurangan yang perlu dihadapi oleh pihak pengusaha dan
penguatkuasa boleh rnengganggu proses EIA Kajian ini bertujuan rnenilai persepsi dan
pandangan pihak pengusaha penguatkuasa dan juga orang awarn rnengenai perlaksanaan
EIA Kajian ini rnelibatkan penilaian garis panduan untuk pernbangunan kawasan
perurnahan laporan EIA dan EMP serta artikel-artikel rnengenai pernbangunan kawasan
perurnahan Sesi ternuduga dengan pegawai kerajaan yang berkaitan pengusaha dan
jururunding EIA juga dijalankan Pengusaha rnenyatakan bahawa isu penangguhan
kelulusan EIA dan proses yang perlu rnelalui banyak prosedur rnengganggu kelancaran
projek pernbangunan Bagi rnereka kelulusan dari SPA adalah lesen paling utarna
walaupun SPA hanya rnernberi kelulusan dari segi prinsipal sahaja Pihak penguatkuasa
rnernerlukan lebih banyak kakitangan dan kernudahan kerana pernbangunan yang pesat
Sebilangan orang awarn sedar akan kewujudan EIA Orang awarn lebih rnernilih harga dan
prornosi berbanding keadaan alarn sekitar di sekililing rurnah Kekurangan dalarn laporan
EIA boleh diatasi dengan rnernberi turnpuan kepada isu yang lebih penting dan
rnernpertingkatkan ilrnu dan kernahiran dalarn isu-isu berkenaan NREB boleh bertindak
dengan lebih berkesan dengan rnernberikan lebih banyak publisiti dan rnenerangkan
mengenai fungsi badan berkenaan SPA NREB dan Jabatan Tanah dan Ukur perlu
berkerjasama dalam rnernberikan kelulusan terhadap sesuatu projek untuk mengelakkan
rna salah di rnasa akan datang
Vll
CHAPTER 1
INTRODUCTION
11 Background
Sarawak has a population of 2176800 The capital city of Kuching has some 458300
people making it the highest populated city in Sarawak and the seventh highest
populated city in Malaysia (Sarawak Online)
The global economic environment in Sarawak is expected to remain robust and
dynamic right up to the next decade with both the industrial and developing countries
anticipated maintaining sustainable output growth Global trade is predicted to expand
by about 8 The availability of vast competitively priced land and rich reserves of
natural resources has made Sarawak an attractive choice for manufacturing operations
among investors This leads to ongoing demand fur additional housing and an ongoing
need fur additional sites fur this purpose According to Phillips (1997) the urban areas
in Sarawak particularly the Kuching and Sibu divisions are developing rapidly due to
the ruralurban migration and intense business development
12 Demand for housing in Sarawak
The success of the Governments housing strategies in human settlements can be seen
from the construction of over 850000 houses between 1996-2000 and 615000 houses
from 2001-2005 (Rahman 2005) The government has also introduced the Integrated
Peoples Housing Programme to resettle squatters into new housing areas with all
1
basic amenities The Programme is well on track in meeting the 0 squatters target by
the end of 2005
The vast acreage ofland required will inevitably result in significant impacts and
environmental considerations must be incorporated in the approval process for new
housing development process
13 Environmental Impacts of Residential Projects
The level and types of impact from residential projects will vary significantly based on
project-to-project basis New township on virgin sites can be extremely intrusive and
have major impacts on natural resources and the existing natural environment
However many new housing projects will be proposed in existing urbanized area on
land already zoned for residential use As such there will be little impact on natural
resources and no consideration on alternative sites Thus the project may only have to
be considered in terms of design and the more immediate construction and operating
impacts
The adverse environmental impacts of housing projects can occur at regional local and
site scales (Pakistan Environmental Agency 1997) Direct impacts are mainly physical
on the site development construction and operation of a project Indirect impacts are
experienced offsite and are more difficult to quantify in large housing projects indirect
impacts can be very significant These are often overlooked or ignored in impact
evaluation and mitigation
2
14 Problem statements
Rational of the study are stated as follow
(j) EIA and Existing Policy
Sarawak is the first state to enact its own law on environmental protection and
natural resource management EIA study is required under Section 11 (N
Natural Resources and Environmental Ordinance (NREO) (Chapter 84 Laws of
Sarawak) It is necessary for Prescribed Activities or development activities
which are having impacts to the environment
Under the First Schedule Prescribed Activities ltArticle 2 3 and 6) development
ofcommercial industrial and housing estates includes the following conditions
i Development of commercial or housing estates of an area exceeding 10
hectares
ll Development of industrial estates with factories to accommodate medium
or heavy industries
lll Conversion of mangrove swamps into industrial commercial or housing
estate exceeding 10 hectares in area
iv Reclamation of land whether by the sea or along river banks for housing
commercial or industrial estates
Then the EIA report is to be submitted to the Natural Resources and
Environment Board Sarawak (NREB) for approvaL If the report is found
satisfactory NREB will give permission in writing for such development activities
3
to be undertaken or commenced and the project developer is obliged to undertake
in writing the orders and directives of the NREB Therefore serious consideration
as well as thorough-planning needs to be taken for development projects
especially on difficult and expensive-management-practices areas such as
peatland
(ji) Shortfalls ofthe EIA system in Sarawak
Relevant critical issues are usually ignored as the issues depend on the ability of
the EIA team to address them where good field survey literature review
consultation with relevant authorities as well as discussion with local people of
the affected project area are required These information would hold strongly
with the abatement and mitigating measures as an integral part of the EIA
report
Guidelines on EIA study for residential areas are quite general and have rooms
for improvement In addition EIA is only a project based without looking into
cumulative impacts of the study Good guidelines and better understanding of the
purpose of EIA could make a clear view for the developers and the public on EIA
implementation The developers as well as the public could appreciate the
implementation of EIA as well as experiencing sustainable development
4
PoSIt lCflimat Mklumllt Akldemik UNtVEkStTt MALAYStA SAIlAWAK
(ill) Rapid development ofresidential projects
Agriculture and urbanization in major towns in Sarawak are encroaching into
peatland areas This situation is mainly because of the increasing shortages of
good agricultural land for further development the flat topography and its
occurrence close to the population centres and existing cropped areas (Tek et aI
2001)
The project has to be designed to suit the local environment to be likely completed
in time and within budget as well as avoiding difficulties along the way It has to
also conserve the natural resources it relies upon will continue to sustain by the
environment in near future A project has to yield its benefits without causing
serious environmental problems Furthermore it will bring credit and recognition
to the project proponent
15 Objectives of the Study
The overall objective of the study is to determine the perception of the concerned
parties on the implementation of EIA for residential projects in Sarawak Such
perception will indeed determine the sensitivity of these parties on the need of EIA
process as an environmental management tooL
The specific objectives are as follows
1 Determine the perception of developers authorities and the public on
implementation of EIA for residential areas
5
ii Determine effectiveness of EIA process as an environmental management tool
by reviewing issues commonly raised during EIA study
iii Examine and review the overall legislation requirements as well as
management practices for implementation of EIA on residential projects
IV Formulate or suggest needs to enhance the process to ensure environmental
8ustainability
6
21
CHAPTER 2
LITERATURE REVIEW
Definition ofHousing Development
From a housing developers perspective a house is a product which the housing
developer is authorised to sell (subject to such constraints imposed upon the housing
developer by the Housing Development (Control amp Licensing) Act 1966 as recently
amended 1st December 2002 and the Regulations made there under to any intending
and willing purchase at the price stipulated in the sales brochures However this
product need not be in existence when the sale and purchase agreement is signed but
must be completed and fit for occupancy when the final purchase price is paid
Under Section 3 of the Housing Development (Control amp Licensing) Act 1966 (effective
1st December 2002) the term housing development has been defined to mean the
construction of more than four units of housing accommodation for sale to the public
It also includes the sale of more than four units of housing lots by a landowner with a
view of constructing houses thereon by the same landowner or by his nominee The
term housing lots has been defined as any piece of land surveyed or otherwise to
which a lot number has been assigned to it and which is subject to the category of
building in accordance with the National Land Code 1965
7
22 Site Selection and Project Options
The consideration of alternatives in project planning is one of the most notable
preventative or mitigation measures for many housing projects Site selection will
determine the type and magnitude of environmental and social impacts resulting from
the development of housing and township areas
The location of new housing and township projects may cause public reaction It may be
a positive perception for development However it may be a concern particularly if the
facilities are visually obstructive and involve major environmental issues The impacts
will be utmost where the location is close either to the existing population or to unspoilt
natural areas Improper project selection or location can lead to significant socioshy
economic andor environment impacts that can result in the rejection of planning
permission
EIA study must provide justification for the project the project components layout
planning and the site selection Environmental considerations must be considered
alongside economic and engineering considerations
23 Identification of suitable sites and screening for housing and new
township development projects
Identification of a large study area and identification of suitable area through
elimination of unsuitable areas is called constraints mapping It is usually necessary
for large-scale housing and new township projects not attached to a specific location
8
(a) Determine site requirements
Determine the size of the project including any potential expansion of the project
in the future Access routes to the area such as road and highway interchange as
well as utilities for the proposed project site should also be determined
(b) Determine extent of study area
Determine the maximum radius of the study area based on the economic
feasibility of delivery distances from construction material sources and waste
disposal sites
(c) Determine regulatory constraints to project
Project proponent shall verify if the proposed project is classified under low costs
mediumcosts high costs or special and any regulatory constraints to project
based on the housing classification
Buffer zone should be established and the site should be able to accommodate
buffer zones with respect to air water and noise pollution and solid and toxic
waste problems Control problems will be expected in many cases and landscaping
can provide barriers to neighbours and improve aesthetics values
(d) Determine environment constraints
9
Verify if the area has incompatible past current zoned or potential uses as urban
areas areas of incompatible housing classification areas of high amenity value
(tourism potential gazetted beaches national parks and marine parks) area of
special scientific interest high ecological and scientific values or aesthetic values
It should also avoid unsuited areas to receive pollution loads air sheds and water
catchments areas as well as areas of national mineral reserves
Unique habitat areas should be avoided Siting the development area near or
ecologically or environmentally sensitive habitats (eg mangroves estuaries
wetlands coral reefs) can cause irreversible damage to these habitats and are I
costly to develop
I
(e) Determine engineering and economic constraints
The housing and new townships development should have due regard for their
potential to contaminate cause man-induced geo-hazards such as slope failures
and flooding
Areas that require excessive investment in infrastructure such as distance from
existing roads difficulties in access expensive or difficult site formation is
deeming constraints to a development Minimise earthworks by taking advantage
of natural contours
(D Establish suitable areas
10
Establish areas zoned for Prescribed Activity if any such as slope area or water
catchments areas Areas of cultural natural heritage and unique or important
archaeological historical or cultural interest site of special scientific interest
should be avoided
Constraint mapping technique is used to designate areas which have unsuitable
physical and other environmental characteristics using constraints listed above
Place shaded transparencies (or use a Geographical Information System (GIS)
over these low suitability areas on the study area map_ The unshaded area may be
considered generally suitable
(g) Public perception
Public acceptance through awareness and education programmes in the proposed
development project is deemed necessary Potential impacts and process
equipment by providing noise barrieradequate buffer is to be provided for the
welfare of the public
24 Environmental Impact Assessment (EIA)
242 Introduction
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
11
Lawrence (2003) defined ElA as a systematic process of
I Determining and managing (identifying describing measuring predicting
interpreting integrating communicating involving and controlling) the
ii Potential (or reaD impacts (direct and indirect individual and cumulative
likelihood of occurrence) opound
iii Proposed (or existing) human actions (projects plans programs legislation
activities) and their alternatives
IV Environment (physical chemical biological human health cultural social
economic built and interrelations)
ElA is essentially a planning tool for preventing environmental problems due to an
action It encompasses a broad definition of environment of alternatives and of
proposed actions It seeks to avoid costly mistakes in project implementation either
because of the environmental damages that are likely to arise during project
implementation or because of modifications that may be required subsequently in
order to make the action environmentally acceptable Thus the systematic exploration
of interrelationship (eg among environmental components between the proposal and
the environment among alternatives among impacts) is obviously crucial in ElA
242 BriefHistory ofEIA
EIA was first formally established in the USA in 1969 and has since spread in various
forms to most other countries (Glasson et al 1999) The US National Policy Act
(NEPA) 1969 was the first legislation to require ElAs Consequently it has become an
12
important model for EIA systems both because it was a radically new form of
environment policy and because of the success and failures of its subsequent
development
EIA systems are perceived in many ways Some are in the form of mandatory
regulations acts or statues which are generally enforced by the authorities
Preparation of an adequate EIA is required before permission is given for a project to
proceed In other cases EIA systems exist in the form of guidelines which are not
enforceable but generally imposed obligations on the administrating agency Other
legislations allow government officials to require EIAs to be prepared at their
discretion In some cases EIAs are prepared in an ad hoc manner often because
funding bodies requires them (eg World Bank Asia Development Bank) as part of a
funding approval process Some project developers have a policy to conduct EIA as part
of their management-planning tool
243 EIA History in Malaysia
The Environmental Quality Act (EQA) 1974 is a federal act relating to the preventive
abatement control of pollution and enhancement of the environment In the late
eighties four additional sets of regulations were introduced and enforced by the
Department of Environment (DOE) which includes Environmental Quality (Prescribed
Activities)(Environmental Impact Assessment Order) 1987 which concerns the
requirement ofEIA for the prescribed activity This order was enforced on the let April
1988 in aU 13 states
13
In 1993 four DOE States Office (Johor Penang Selangor and Sarawak) was given the
full responsibility to review and decide on all Preliminary EIA reports In 1999 the
decentralization of EIA review process was fully expanded to the rest of the States
office The States DOE approach was to be a one-stop agency to all relevant technical
departments and agencies from Federal and State to provide inputs or comments in the
review of EIA reports (Sentian amp Tuah 2001) DOE is authorized to agree to
environmental issues and mitigating measures addressed in the EIA report by the
project proponent and its EIA consultant Other relevant approving authorities will
oversee other aspects such as planning development licensing and permits before the
project can commence
Sarawak enforced its newly amended Natural Resources and Environment Ordinance
1949 on 1st February 1999 to cover the areas of environmental management of natural
resources A Natural Resources and Environmental Board was established to
administer the Ordinance which include the power to formulate or develop policies and
guidelines to ensure exploitation conservation and management of natural resources in
the state will not cause any adverse impact on the environment (Mamit 1997)
Sarawak EIA Order was enforced on the 1st September 1994 requiring any person to
carry out any prescribed activity to submit an EIA report to the Board
Conservation of Environment Enactment 1996 was created in Sabah It carries the core
function similar to those of Natural Resources Ordinance 1949 (Amended 1993) in
14
Sarawak Under this Enactment the Conservation of Environment (Prescribed
Activity) Order 1999 was made and came into force on 1st September 1999
244 Legislative requirement ofEIA for residential projects in Malaysia
EIA when integrated into the existing planning and decision-making machinery
provides additional information towards better decision-making It has been widely
accepted as a useful and beneficial tool before a decision is made in respect of any
proposed development
(j) Environmental Quality Act 1974 (EQA) and Environmental Quality (Prescribed
Activities)(Environmental Impact Assessment) ltAmendment) Order 1995
In Malaysia EIA is required under section 34A Environmental Quality Act 1974 It
was made mandatory for certain prescribed activities since 1st April 1988 with the
coming force of the Environmental Quality (Prescribed Activities)(Environmental
Impact Assessment) Order 1987
Section 34A of the EQA provides powers to the Minister to prescribe by order any
activity which may give significant environmental impacts as a prescribed activity for
which a report on an assessment of the impact(s) such an activity will have on the
environment be submitted to the Director General of Environmental Quality of
Department of Environment (DOE) for approval The submission of an EIA report for
15
approval by the Director General is a requirement prior to granting of approval by the
relevant project approving authority (ILBS 1994)
The Order listed 19 prescribed activities The following activities in relation to
residential areas are required for submission and approval of EIA report
Item (7) Housing
Housing development covering an area of 50 hectares or more
Item (9) Infrastructure
(a) Construction of hospitals with outfall into beachfronts used for
recreational purpose
(b) Industrial estate development for medium and heavy industries
covering an area of50 hectares or more
(c) Construction ofexpressways
(d) Construction of national highways
(e) Construction of new townships
Furthermore all development carried out on hilly terrain with 26-35 degrees slope are
also 8ubjected to EIA reporting in line with Cabinet directive as detailed in the
Guidelines issued by the Ministry of Natural Resources and Environment (NIlE)
Malaysia
16
TABLE OF CONTENTS
Acknowledgements Table of Contents List of Tables List of Figures Abstract Abstrak
1 11 12 13 14 15
2 21 22 23
24 241 242 243 244
245 246
25
26 27 28 29
251 2511 2512 2513
252 2521 2522 2523 2534 2535 2536 2537 2538 2539 25310 25311
25312 25313
INTRODUCTION Background Demand for housing in Sarawak Environmental Impacts of Residential Projects Problem Statements Objective of the Study
LITERATURE REVIEW Definition of Housing Development Site Selection and Project Options Identification of suitable sites and screening for housing and new township development projects Environmental Impact Assessment (EIA) Introduction Briefhistory ofEIA EIA History in Malaysia Legislative requirement for EIA for residential projects in Malaysia Basic principle of EIA process Environmental Management Plan (EMP) EIA Procedure in Malaysia Department of Environment (DOE) Preliminary assessment Detailed assessment Review Natural Resources and Environmental Ordinance Project Screening Scoping Terms of Reference (TOR) Environment Data Collection Identification and prediction of impacts Evaluation of impacts Mitigation of impacts Documentation ofEIA fmdings Review of EIA report Approval of EIA report Co-signing of Agreement of the Environmental Terms and Conditions Post-monitoring and Auditing Non-compliance of Terms and Conditions Public Participation Environmental Costs and Benefits Analysis Executive Summary Format of an EIA Report in Sarawak
11
11
IV V
VI vii
I 1 2 3 5
7 8 8
11 11 12 13 15
19 23 25 25 25 25 26 29 29 29 30 31 31 33 34 35 35 37 38
38 39 39 40 43 44
28 Executive Summary 43 29 Format ofan EIA Report in Sarawak 44
3 METHODOLOGY 31 Desktop review 50
311 Existing EIA regulation and guidelines 50 312 EIA and EMP reports 50
32 Issues and problems raised by the public 53 33 Field observation 53 34 Interviews 53 35 Questionnaires 53
4 RESULTS 41 Developers Perspective 54
411 Development of Prescribed Activities Projects 54 412 Developers perception of EIA 55 413 NREBs client charter 55
42 Authorities Perspective 59 421 Environmental Regulation (ER) Section NREB 59 422 Statistics of EIA reports 60
4221 EIA reports submitted and approved by NREB 60 4222 EIA reports received and approved for realty projects 62 4223 EIA reports received and approved for realty projects 64
423 Enforcement and Compliance (EampC) Section NREB 66 4231 Process of complaints received 67 4232 Compounds received by NREB 70
43 Public Perspective 72
5 DISCUSSION 51 EIA Process 80
511 Developers Perspective 80 512 Authorities Perspective 81 513 Public Perspective 82
52 Implementation of EIA findings 83 521 Developers Perspective 83 522 Authorities Perspective 84 523 Public Perspective 84
53 Weakness in the system 85 531 Conflicting approval 85 532 EampC Section 88 533 Deficiency in EIA reports 89
6 CONCLUSION AND RECOMMENDATIONS 92
REFERENCES 94 PLATES 1 APPENDIX 1 2
ill
Table 11
Table 31 Table 41
Table 42 Table 43
Table 44
Table 45
LIST OF TABLES
Page Profitability Indicators and Decision Rules Used in 42 CBA List of EIA and EMP reports 51 Summary for duration for approval of EIA reports on 58 residential projects Number of compounds received by NREB by year 67 Experienced development in residential area and affect 75 and change the environment of residential area crossshytabulation Lodge a complaint on environment to the authority 76 and satisfaction on the environment on residential area cross-tabulation Awareness of EIA study and consider EIA findings 78 when buying a housing property
IV
LIST OF FIGURES
PageFigure 21 Outline of Environmental Impact Assessment 28
Procedure in Malaysia Figure 22 Environmental Impact Assessment (EIA) process 48 Figure 23 Flow chart for evaluation and review 49 Figure 41 Project commencement flowchart for developers to 57
start a development project on prescribed activities Figure 42 Total ofEIA reports received vs number ofEIA 61
reports Approved from 1994-2006 Figure 43 Total ofEIA reports received vs number ofEIA 63
reports Approved for Realty Unit from 1994-2006 Figure 44 Total EIA report received versus approved for housing 65
projects from 1994-2006 Figure 45 Mode ofcomplaints received in NREB 67 Figure 46 Process of complaints cases flow-chart 69 Figure 47 Respondents residential area 72 Figure 48 Housing property ownership 73 Figure 49 Understanding roles and functions ofNREB () 74 Figure 410 Respondents choice of authority to lodge a complaint 77
on environment Figure 411 Factors considered when making a decision to buy a 79
housing property
v
ABSTRACT
Sarawak economic is expected to remain robust and dynamic which leads to urban
migration and demands for more residential developments The level and types of impact
from residential projects will vary significantly based on project-to-project basis New
township on virgin sites can be extremely intrusive and have major impacts on natural
resources and the existing natural environment EIA is essentially a planning tool for
preventing environmental problems due to an action It is required under the Sarawak
NREO 1993 Certain criteria on development of residential and commercial areas are
prescribed activities that require ElA implementation However the problems faced by the
authorities and developers may affect the implementation ofElA The study aims at looking
to the perception of the developers authorities as well as the public on implementation of
EIA It involves collation of guidelines on housing developments EIA and EMP reports
literature and other published articles on housing development The study also conducted
interviews with key personnel of the authorities and selected ElA consultants The
developers were concern on the procedural delays and red tape of an ElA approval
Approval from SPA is their major license to project implementation although SPA only
gives approval in principle The authorities need more resources to cater the services as
more development is coming Some of the public are aware of ElA implementation
Respondents would choose price and promotion factor over environmental conditions of the
area Deficiencies in ElA reports can be reduced by giving more stress on important issues
and have sound knowledge on the issues NREB can work more efficiently giving more
publicity to the public and define its roles and functions SPA NREB and Land and Survey
Department working closely in giving approval to development can avoid future difficulties
on the environment
VI
ABSTRAK
Perkernbangan ekonorni di Sarawak dijangkakan akan berkernbang pesat dan dinarnik
lantas rnenjurus kepada rnigrasi penduduk ke kawasan bandar Ini rnenyebabkan
permintaan tinggi untuk perurnahan Tahap dan kesan yang disebabkan oleh pernbangunan
kawasan perurnahan arnatlah berbeza dari satu projek ke projek yang lain Pernbangunan
kawasan bandar baru di kawasan baru boleh rnenyebabkan irnpak yang negatif kepada
surnber alarn sernulajadi dan keadaan asal alarn sernulajadi di kawasan berkenaan EIA
adalah satu kaedah perancangan bagi rnengelakkan kesan alarn sekitar akibat sesuatu
pernbangunan Ia diwajibkan dibawah NREO Sarawak 1993 Beberapa kriteria untuk
pernbangunan kawasan perurnahan dan kornersil rnernerlukan EIA untuk dijalankan
Walaubagairnanapun kekurangan yang perlu dihadapi oleh pihak pengusaha dan
penguatkuasa boleh rnengganggu proses EIA Kajian ini bertujuan rnenilai persepsi dan
pandangan pihak pengusaha penguatkuasa dan juga orang awarn rnengenai perlaksanaan
EIA Kajian ini rnelibatkan penilaian garis panduan untuk pernbangunan kawasan
perurnahan laporan EIA dan EMP serta artikel-artikel rnengenai pernbangunan kawasan
perurnahan Sesi ternuduga dengan pegawai kerajaan yang berkaitan pengusaha dan
jururunding EIA juga dijalankan Pengusaha rnenyatakan bahawa isu penangguhan
kelulusan EIA dan proses yang perlu rnelalui banyak prosedur rnengganggu kelancaran
projek pernbangunan Bagi rnereka kelulusan dari SPA adalah lesen paling utarna
walaupun SPA hanya rnernberi kelulusan dari segi prinsipal sahaja Pihak penguatkuasa
rnernerlukan lebih banyak kakitangan dan kernudahan kerana pernbangunan yang pesat
Sebilangan orang awarn sedar akan kewujudan EIA Orang awarn lebih rnernilih harga dan
prornosi berbanding keadaan alarn sekitar di sekililing rurnah Kekurangan dalarn laporan
EIA boleh diatasi dengan rnernberi turnpuan kepada isu yang lebih penting dan
rnernpertingkatkan ilrnu dan kernahiran dalarn isu-isu berkenaan NREB boleh bertindak
dengan lebih berkesan dengan rnernberikan lebih banyak publisiti dan rnenerangkan
mengenai fungsi badan berkenaan SPA NREB dan Jabatan Tanah dan Ukur perlu
berkerjasama dalam rnernberikan kelulusan terhadap sesuatu projek untuk mengelakkan
rna salah di rnasa akan datang
Vll
CHAPTER 1
INTRODUCTION
11 Background
Sarawak has a population of 2176800 The capital city of Kuching has some 458300
people making it the highest populated city in Sarawak and the seventh highest
populated city in Malaysia (Sarawak Online)
The global economic environment in Sarawak is expected to remain robust and
dynamic right up to the next decade with both the industrial and developing countries
anticipated maintaining sustainable output growth Global trade is predicted to expand
by about 8 The availability of vast competitively priced land and rich reserves of
natural resources has made Sarawak an attractive choice for manufacturing operations
among investors This leads to ongoing demand fur additional housing and an ongoing
need fur additional sites fur this purpose According to Phillips (1997) the urban areas
in Sarawak particularly the Kuching and Sibu divisions are developing rapidly due to
the ruralurban migration and intense business development
12 Demand for housing in Sarawak
The success of the Governments housing strategies in human settlements can be seen
from the construction of over 850000 houses between 1996-2000 and 615000 houses
from 2001-2005 (Rahman 2005) The government has also introduced the Integrated
Peoples Housing Programme to resettle squatters into new housing areas with all
1
basic amenities The Programme is well on track in meeting the 0 squatters target by
the end of 2005
The vast acreage ofland required will inevitably result in significant impacts and
environmental considerations must be incorporated in the approval process for new
housing development process
13 Environmental Impacts of Residential Projects
The level and types of impact from residential projects will vary significantly based on
project-to-project basis New township on virgin sites can be extremely intrusive and
have major impacts on natural resources and the existing natural environment
However many new housing projects will be proposed in existing urbanized area on
land already zoned for residential use As such there will be little impact on natural
resources and no consideration on alternative sites Thus the project may only have to
be considered in terms of design and the more immediate construction and operating
impacts
The adverse environmental impacts of housing projects can occur at regional local and
site scales (Pakistan Environmental Agency 1997) Direct impacts are mainly physical
on the site development construction and operation of a project Indirect impacts are
experienced offsite and are more difficult to quantify in large housing projects indirect
impacts can be very significant These are often overlooked or ignored in impact
evaluation and mitigation
2
14 Problem statements
Rational of the study are stated as follow
(j) EIA and Existing Policy
Sarawak is the first state to enact its own law on environmental protection and
natural resource management EIA study is required under Section 11 (N
Natural Resources and Environmental Ordinance (NREO) (Chapter 84 Laws of
Sarawak) It is necessary for Prescribed Activities or development activities
which are having impacts to the environment
Under the First Schedule Prescribed Activities ltArticle 2 3 and 6) development
ofcommercial industrial and housing estates includes the following conditions
i Development of commercial or housing estates of an area exceeding 10
hectares
ll Development of industrial estates with factories to accommodate medium
or heavy industries
lll Conversion of mangrove swamps into industrial commercial or housing
estate exceeding 10 hectares in area
iv Reclamation of land whether by the sea or along river banks for housing
commercial or industrial estates
Then the EIA report is to be submitted to the Natural Resources and
Environment Board Sarawak (NREB) for approvaL If the report is found
satisfactory NREB will give permission in writing for such development activities
3
to be undertaken or commenced and the project developer is obliged to undertake
in writing the orders and directives of the NREB Therefore serious consideration
as well as thorough-planning needs to be taken for development projects
especially on difficult and expensive-management-practices areas such as
peatland
(ji) Shortfalls ofthe EIA system in Sarawak
Relevant critical issues are usually ignored as the issues depend on the ability of
the EIA team to address them where good field survey literature review
consultation with relevant authorities as well as discussion with local people of
the affected project area are required These information would hold strongly
with the abatement and mitigating measures as an integral part of the EIA
report
Guidelines on EIA study for residential areas are quite general and have rooms
for improvement In addition EIA is only a project based without looking into
cumulative impacts of the study Good guidelines and better understanding of the
purpose of EIA could make a clear view for the developers and the public on EIA
implementation The developers as well as the public could appreciate the
implementation of EIA as well as experiencing sustainable development
4
PoSIt lCflimat Mklumllt Akldemik UNtVEkStTt MALAYStA SAIlAWAK
(ill) Rapid development ofresidential projects
Agriculture and urbanization in major towns in Sarawak are encroaching into
peatland areas This situation is mainly because of the increasing shortages of
good agricultural land for further development the flat topography and its
occurrence close to the population centres and existing cropped areas (Tek et aI
2001)
The project has to be designed to suit the local environment to be likely completed
in time and within budget as well as avoiding difficulties along the way It has to
also conserve the natural resources it relies upon will continue to sustain by the
environment in near future A project has to yield its benefits without causing
serious environmental problems Furthermore it will bring credit and recognition
to the project proponent
15 Objectives of the Study
The overall objective of the study is to determine the perception of the concerned
parties on the implementation of EIA for residential projects in Sarawak Such
perception will indeed determine the sensitivity of these parties on the need of EIA
process as an environmental management tooL
The specific objectives are as follows
1 Determine the perception of developers authorities and the public on
implementation of EIA for residential areas
5
ii Determine effectiveness of EIA process as an environmental management tool
by reviewing issues commonly raised during EIA study
iii Examine and review the overall legislation requirements as well as
management practices for implementation of EIA on residential projects
IV Formulate or suggest needs to enhance the process to ensure environmental
8ustainability
6
21
CHAPTER 2
LITERATURE REVIEW
Definition ofHousing Development
From a housing developers perspective a house is a product which the housing
developer is authorised to sell (subject to such constraints imposed upon the housing
developer by the Housing Development (Control amp Licensing) Act 1966 as recently
amended 1st December 2002 and the Regulations made there under to any intending
and willing purchase at the price stipulated in the sales brochures However this
product need not be in existence when the sale and purchase agreement is signed but
must be completed and fit for occupancy when the final purchase price is paid
Under Section 3 of the Housing Development (Control amp Licensing) Act 1966 (effective
1st December 2002) the term housing development has been defined to mean the
construction of more than four units of housing accommodation for sale to the public
It also includes the sale of more than four units of housing lots by a landowner with a
view of constructing houses thereon by the same landowner or by his nominee The
term housing lots has been defined as any piece of land surveyed or otherwise to
which a lot number has been assigned to it and which is subject to the category of
building in accordance with the National Land Code 1965
7
22 Site Selection and Project Options
The consideration of alternatives in project planning is one of the most notable
preventative or mitigation measures for many housing projects Site selection will
determine the type and magnitude of environmental and social impacts resulting from
the development of housing and township areas
The location of new housing and township projects may cause public reaction It may be
a positive perception for development However it may be a concern particularly if the
facilities are visually obstructive and involve major environmental issues The impacts
will be utmost where the location is close either to the existing population or to unspoilt
natural areas Improper project selection or location can lead to significant socioshy
economic andor environment impacts that can result in the rejection of planning
permission
EIA study must provide justification for the project the project components layout
planning and the site selection Environmental considerations must be considered
alongside economic and engineering considerations
23 Identification of suitable sites and screening for housing and new
township development projects
Identification of a large study area and identification of suitable area through
elimination of unsuitable areas is called constraints mapping It is usually necessary
for large-scale housing and new township projects not attached to a specific location
8
(a) Determine site requirements
Determine the size of the project including any potential expansion of the project
in the future Access routes to the area such as road and highway interchange as
well as utilities for the proposed project site should also be determined
(b) Determine extent of study area
Determine the maximum radius of the study area based on the economic
feasibility of delivery distances from construction material sources and waste
disposal sites
(c) Determine regulatory constraints to project
Project proponent shall verify if the proposed project is classified under low costs
mediumcosts high costs or special and any regulatory constraints to project
based on the housing classification
Buffer zone should be established and the site should be able to accommodate
buffer zones with respect to air water and noise pollution and solid and toxic
waste problems Control problems will be expected in many cases and landscaping
can provide barriers to neighbours and improve aesthetics values
(d) Determine environment constraints
9
Verify if the area has incompatible past current zoned or potential uses as urban
areas areas of incompatible housing classification areas of high amenity value
(tourism potential gazetted beaches national parks and marine parks) area of
special scientific interest high ecological and scientific values or aesthetic values
It should also avoid unsuited areas to receive pollution loads air sheds and water
catchments areas as well as areas of national mineral reserves
Unique habitat areas should be avoided Siting the development area near or
ecologically or environmentally sensitive habitats (eg mangroves estuaries
wetlands coral reefs) can cause irreversible damage to these habitats and are I
costly to develop
I
(e) Determine engineering and economic constraints
The housing and new townships development should have due regard for their
potential to contaminate cause man-induced geo-hazards such as slope failures
and flooding
Areas that require excessive investment in infrastructure such as distance from
existing roads difficulties in access expensive or difficult site formation is
deeming constraints to a development Minimise earthworks by taking advantage
of natural contours
(D Establish suitable areas
10
Establish areas zoned for Prescribed Activity if any such as slope area or water
catchments areas Areas of cultural natural heritage and unique or important
archaeological historical or cultural interest site of special scientific interest
should be avoided
Constraint mapping technique is used to designate areas which have unsuitable
physical and other environmental characteristics using constraints listed above
Place shaded transparencies (or use a Geographical Information System (GIS)
over these low suitability areas on the study area map_ The unshaded area may be
considered generally suitable
(g) Public perception
Public acceptance through awareness and education programmes in the proposed
development project is deemed necessary Potential impacts and process
equipment by providing noise barrieradequate buffer is to be provided for the
welfare of the public
24 Environmental Impact Assessment (EIA)
242 Introduction
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
11
Lawrence (2003) defined ElA as a systematic process of
I Determining and managing (identifying describing measuring predicting
interpreting integrating communicating involving and controlling) the
ii Potential (or reaD impacts (direct and indirect individual and cumulative
likelihood of occurrence) opound
iii Proposed (or existing) human actions (projects plans programs legislation
activities) and their alternatives
IV Environment (physical chemical biological human health cultural social
economic built and interrelations)
ElA is essentially a planning tool for preventing environmental problems due to an
action It encompasses a broad definition of environment of alternatives and of
proposed actions It seeks to avoid costly mistakes in project implementation either
because of the environmental damages that are likely to arise during project
implementation or because of modifications that may be required subsequently in
order to make the action environmentally acceptable Thus the systematic exploration
of interrelationship (eg among environmental components between the proposal and
the environment among alternatives among impacts) is obviously crucial in ElA
242 BriefHistory ofEIA
EIA was first formally established in the USA in 1969 and has since spread in various
forms to most other countries (Glasson et al 1999) The US National Policy Act
(NEPA) 1969 was the first legislation to require ElAs Consequently it has become an
12
important model for EIA systems both because it was a radically new form of
environment policy and because of the success and failures of its subsequent
development
EIA systems are perceived in many ways Some are in the form of mandatory
regulations acts or statues which are generally enforced by the authorities
Preparation of an adequate EIA is required before permission is given for a project to
proceed In other cases EIA systems exist in the form of guidelines which are not
enforceable but generally imposed obligations on the administrating agency Other
legislations allow government officials to require EIAs to be prepared at their
discretion In some cases EIAs are prepared in an ad hoc manner often because
funding bodies requires them (eg World Bank Asia Development Bank) as part of a
funding approval process Some project developers have a policy to conduct EIA as part
of their management-planning tool
243 EIA History in Malaysia
The Environmental Quality Act (EQA) 1974 is a federal act relating to the preventive
abatement control of pollution and enhancement of the environment In the late
eighties four additional sets of regulations were introduced and enforced by the
Department of Environment (DOE) which includes Environmental Quality (Prescribed
Activities)(Environmental Impact Assessment Order) 1987 which concerns the
requirement ofEIA for the prescribed activity This order was enforced on the let April
1988 in aU 13 states
13
In 1993 four DOE States Office (Johor Penang Selangor and Sarawak) was given the
full responsibility to review and decide on all Preliminary EIA reports In 1999 the
decentralization of EIA review process was fully expanded to the rest of the States
office The States DOE approach was to be a one-stop agency to all relevant technical
departments and agencies from Federal and State to provide inputs or comments in the
review of EIA reports (Sentian amp Tuah 2001) DOE is authorized to agree to
environmental issues and mitigating measures addressed in the EIA report by the
project proponent and its EIA consultant Other relevant approving authorities will
oversee other aspects such as planning development licensing and permits before the
project can commence
Sarawak enforced its newly amended Natural Resources and Environment Ordinance
1949 on 1st February 1999 to cover the areas of environmental management of natural
resources A Natural Resources and Environmental Board was established to
administer the Ordinance which include the power to formulate or develop policies and
guidelines to ensure exploitation conservation and management of natural resources in
the state will not cause any adverse impact on the environment (Mamit 1997)
Sarawak EIA Order was enforced on the 1st September 1994 requiring any person to
carry out any prescribed activity to submit an EIA report to the Board
Conservation of Environment Enactment 1996 was created in Sabah It carries the core
function similar to those of Natural Resources Ordinance 1949 (Amended 1993) in
14
Sarawak Under this Enactment the Conservation of Environment (Prescribed
Activity) Order 1999 was made and came into force on 1st September 1999
244 Legislative requirement ofEIA for residential projects in Malaysia
EIA when integrated into the existing planning and decision-making machinery
provides additional information towards better decision-making It has been widely
accepted as a useful and beneficial tool before a decision is made in respect of any
proposed development
(j) Environmental Quality Act 1974 (EQA) and Environmental Quality (Prescribed
Activities)(Environmental Impact Assessment) ltAmendment) Order 1995
In Malaysia EIA is required under section 34A Environmental Quality Act 1974 It
was made mandatory for certain prescribed activities since 1st April 1988 with the
coming force of the Environmental Quality (Prescribed Activities)(Environmental
Impact Assessment) Order 1987
Section 34A of the EQA provides powers to the Minister to prescribe by order any
activity which may give significant environmental impacts as a prescribed activity for
which a report on an assessment of the impact(s) such an activity will have on the
environment be submitted to the Director General of Environmental Quality of
Department of Environment (DOE) for approval The submission of an EIA report for
15
approval by the Director General is a requirement prior to granting of approval by the
relevant project approving authority (ILBS 1994)
The Order listed 19 prescribed activities The following activities in relation to
residential areas are required for submission and approval of EIA report
Item (7) Housing
Housing development covering an area of 50 hectares or more
Item (9) Infrastructure
(a) Construction of hospitals with outfall into beachfronts used for
recreational purpose
(b) Industrial estate development for medium and heavy industries
covering an area of50 hectares or more
(c) Construction ofexpressways
(d) Construction of national highways
(e) Construction of new townships
Furthermore all development carried out on hilly terrain with 26-35 degrees slope are
also 8ubjected to EIA reporting in line with Cabinet directive as detailed in the
Guidelines issued by the Ministry of Natural Resources and Environment (NIlE)
Malaysia
16
28 Executive Summary 43 29 Format ofan EIA Report in Sarawak 44
3 METHODOLOGY 31 Desktop review 50
311 Existing EIA regulation and guidelines 50 312 EIA and EMP reports 50
32 Issues and problems raised by the public 53 33 Field observation 53 34 Interviews 53 35 Questionnaires 53
4 RESULTS 41 Developers Perspective 54
411 Development of Prescribed Activities Projects 54 412 Developers perception of EIA 55 413 NREBs client charter 55
42 Authorities Perspective 59 421 Environmental Regulation (ER) Section NREB 59 422 Statistics of EIA reports 60
4221 EIA reports submitted and approved by NREB 60 4222 EIA reports received and approved for realty projects 62 4223 EIA reports received and approved for realty projects 64
423 Enforcement and Compliance (EampC) Section NREB 66 4231 Process of complaints received 67 4232 Compounds received by NREB 70
43 Public Perspective 72
5 DISCUSSION 51 EIA Process 80
511 Developers Perspective 80 512 Authorities Perspective 81 513 Public Perspective 82
52 Implementation of EIA findings 83 521 Developers Perspective 83 522 Authorities Perspective 84 523 Public Perspective 84
53 Weakness in the system 85 531 Conflicting approval 85 532 EampC Section 88 533 Deficiency in EIA reports 89
6 CONCLUSION AND RECOMMENDATIONS 92
REFERENCES 94 PLATES 1 APPENDIX 1 2
ill
Table 11
Table 31 Table 41
Table 42 Table 43
Table 44
Table 45
LIST OF TABLES
Page Profitability Indicators and Decision Rules Used in 42 CBA List of EIA and EMP reports 51 Summary for duration for approval of EIA reports on 58 residential projects Number of compounds received by NREB by year 67 Experienced development in residential area and affect 75 and change the environment of residential area crossshytabulation Lodge a complaint on environment to the authority 76 and satisfaction on the environment on residential area cross-tabulation Awareness of EIA study and consider EIA findings 78 when buying a housing property
IV
LIST OF FIGURES
PageFigure 21 Outline of Environmental Impact Assessment 28
Procedure in Malaysia Figure 22 Environmental Impact Assessment (EIA) process 48 Figure 23 Flow chart for evaluation and review 49 Figure 41 Project commencement flowchart for developers to 57
start a development project on prescribed activities Figure 42 Total ofEIA reports received vs number ofEIA 61
reports Approved from 1994-2006 Figure 43 Total ofEIA reports received vs number ofEIA 63
reports Approved for Realty Unit from 1994-2006 Figure 44 Total EIA report received versus approved for housing 65
projects from 1994-2006 Figure 45 Mode ofcomplaints received in NREB 67 Figure 46 Process of complaints cases flow-chart 69 Figure 47 Respondents residential area 72 Figure 48 Housing property ownership 73 Figure 49 Understanding roles and functions ofNREB () 74 Figure 410 Respondents choice of authority to lodge a complaint 77
on environment Figure 411 Factors considered when making a decision to buy a 79
housing property
v
ABSTRACT
Sarawak economic is expected to remain robust and dynamic which leads to urban
migration and demands for more residential developments The level and types of impact
from residential projects will vary significantly based on project-to-project basis New
township on virgin sites can be extremely intrusive and have major impacts on natural
resources and the existing natural environment EIA is essentially a planning tool for
preventing environmental problems due to an action It is required under the Sarawak
NREO 1993 Certain criteria on development of residential and commercial areas are
prescribed activities that require ElA implementation However the problems faced by the
authorities and developers may affect the implementation ofElA The study aims at looking
to the perception of the developers authorities as well as the public on implementation of
EIA It involves collation of guidelines on housing developments EIA and EMP reports
literature and other published articles on housing development The study also conducted
interviews with key personnel of the authorities and selected ElA consultants The
developers were concern on the procedural delays and red tape of an ElA approval
Approval from SPA is their major license to project implementation although SPA only
gives approval in principle The authorities need more resources to cater the services as
more development is coming Some of the public are aware of ElA implementation
Respondents would choose price and promotion factor over environmental conditions of the
area Deficiencies in ElA reports can be reduced by giving more stress on important issues
and have sound knowledge on the issues NREB can work more efficiently giving more
publicity to the public and define its roles and functions SPA NREB and Land and Survey
Department working closely in giving approval to development can avoid future difficulties
on the environment
VI
ABSTRAK
Perkernbangan ekonorni di Sarawak dijangkakan akan berkernbang pesat dan dinarnik
lantas rnenjurus kepada rnigrasi penduduk ke kawasan bandar Ini rnenyebabkan
permintaan tinggi untuk perurnahan Tahap dan kesan yang disebabkan oleh pernbangunan
kawasan perurnahan arnatlah berbeza dari satu projek ke projek yang lain Pernbangunan
kawasan bandar baru di kawasan baru boleh rnenyebabkan irnpak yang negatif kepada
surnber alarn sernulajadi dan keadaan asal alarn sernulajadi di kawasan berkenaan EIA
adalah satu kaedah perancangan bagi rnengelakkan kesan alarn sekitar akibat sesuatu
pernbangunan Ia diwajibkan dibawah NREO Sarawak 1993 Beberapa kriteria untuk
pernbangunan kawasan perurnahan dan kornersil rnernerlukan EIA untuk dijalankan
Walaubagairnanapun kekurangan yang perlu dihadapi oleh pihak pengusaha dan
penguatkuasa boleh rnengganggu proses EIA Kajian ini bertujuan rnenilai persepsi dan
pandangan pihak pengusaha penguatkuasa dan juga orang awarn rnengenai perlaksanaan
EIA Kajian ini rnelibatkan penilaian garis panduan untuk pernbangunan kawasan
perurnahan laporan EIA dan EMP serta artikel-artikel rnengenai pernbangunan kawasan
perurnahan Sesi ternuduga dengan pegawai kerajaan yang berkaitan pengusaha dan
jururunding EIA juga dijalankan Pengusaha rnenyatakan bahawa isu penangguhan
kelulusan EIA dan proses yang perlu rnelalui banyak prosedur rnengganggu kelancaran
projek pernbangunan Bagi rnereka kelulusan dari SPA adalah lesen paling utarna
walaupun SPA hanya rnernberi kelulusan dari segi prinsipal sahaja Pihak penguatkuasa
rnernerlukan lebih banyak kakitangan dan kernudahan kerana pernbangunan yang pesat
Sebilangan orang awarn sedar akan kewujudan EIA Orang awarn lebih rnernilih harga dan
prornosi berbanding keadaan alarn sekitar di sekililing rurnah Kekurangan dalarn laporan
EIA boleh diatasi dengan rnernberi turnpuan kepada isu yang lebih penting dan
rnernpertingkatkan ilrnu dan kernahiran dalarn isu-isu berkenaan NREB boleh bertindak
dengan lebih berkesan dengan rnernberikan lebih banyak publisiti dan rnenerangkan
mengenai fungsi badan berkenaan SPA NREB dan Jabatan Tanah dan Ukur perlu
berkerjasama dalam rnernberikan kelulusan terhadap sesuatu projek untuk mengelakkan
rna salah di rnasa akan datang
Vll
CHAPTER 1
INTRODUCTION
11 Background
Sarawak has a population of 2176800 The capital city of Kuching has some 458300
people making it the highest populated city in Sarawak and the seventh highest
populated city in Malaysia (Sarawak Online)
The global economic environment in Sarawak is expected to remain robust and
dynamic right up to the next decade with both the industrial and developing countries
anticipated maintaining sustainable output growth Global trade is predicted to expand
by about 8 The availability of vast competitively priced land and rich reserves of
natural resources has made Sarawak an attractive choice for manufacturing operations
among investors This leads to ongoing demand fur additional housing and an ongoing
need fur additional sites fur this purpose According to Phillips (1997) the urban areas
in Sarawak particularly the Kuching and Sibu divisions are developing rapidly due to
the ruralurban migration and intense business development
12 Demand for housing in Sarawak
The success of the Governments housing strategies in human settlements can be seen
from the construction of over 850000 houses between 1996-2000 and 615000 houses
from 2001-2005 (Rahman 2005) The government has also introduced the Integrated
Peoples Housing Programme to resettle squatters into new housing areas with all
1
basic amenities The Programme is well on track in meeting the 0 squatters target by
the end of 2005
The vast acreage ofland required will inevitably result in significant impacts and
environmental considerations must be incorporated in the approval process for new
housing development process
13 Environmental Impacts of Residential Projects
The level and types of impact from residential projects will vary significantly based on
project-to-project basis New township on virgin sites can be extremely intrusive and
have major impacts on natural resources and the existing natural environment
However many new housing projects will be proposed in existing urbanized area on
land already zoned for residential use As such there will be little impact on natural
resources and no consideration on alternative sites Thus the project may only have to
be considered in terms of design and the more immediate construction and operating
impacts
The adverse environmental impacts of housing projects can occur at regional local and
site scales (Pakistan Environmental Agency 1997) Direct impacts are mainly physical
on the site development construction and operation of a project Indirect impacts are
experienced offsite and are more difficult to quantify in large housing projects indirect
impacts can be very significant These are often overlooked or ignored in impact
evaluation and mitigation
2
14 Problem statements
Rational of the study are stated as follow
(j) EIA and Existing Policy
Sarawak is the first state to enact its own law on environmental protection and
natural resource management EIA study is required under Section 11 (N
Natural Resources and Environmental Ordinance (NREO) (Chapter 84 Laws of
Sarawak) It is necessary for Prescribed Activities or development activities
which are having impacts to the environment
Under the First Schedule Prescribed Activities ltArticle 2 3 and 6) development
ofcommercial industrial and housing estates includes the following conditions
i Development of commercial or housing estates of an area exceeding 10
hectares
ll Development of industrial estates with factories to accommodate medium
or heavy industries
lll Conversion of mangrove swamps into industrial commercial or housing
estate exceeding 10 hectares in area
iv Reclamation of land whether by the sea or along river banks for housing
commercial or industrial estates
Then the EIA report is to be submitted to the Natural Resources and
Environment Board Sarawak (NREB) for approvaL If the report is found
satisfactory NREB will give permission in writing for such development activities
3
to be undertaken or commenced and the project developer is obliged to undertake
in writing the orders and directives of the NREB Therefore serious consideration
as well as thorough-planning needs to be taken for development projects
especially on difficult and expensive-management-practices areas such as
peatland
(ji) Shortfalls ofthe EIA system in Sarawak
Relevant critical issues are usually ignored as the issues depend on the ability of
the EIA team to address them where good field survey literature review
consultation with relevant authorities as well as discussion with local people of
the affected project area are required These information would hold strongly
with the abatement and mitigating measures as an integral part of the EIA
report
Guidelines on EIA study for residential areas are quite general and have rooms
for improvement In addition EIA is only a project based without looking into
cumulative impacts of the study Good guidelines and better understanding of the
purpose of EIA could make a clear view for the developers and the public on EIA
implementation The developers as well as the public could appreciate the
implementation of EIA as well as experiencing sustainable development
4
PoSIt lCflimat Mklumllt Akldemik UNtVEkStTt MALAYStA SAIlAWAK
(ill) Rapid development ofresidential projects
Agriculture and urbanization in major towns in Sarawak are encroaching into
peatland areas This situation is mainly because of the increasing shortages of
good agricultural land for further development the flat topography and its
occurrence close to the population centres and existing cropped areas (Tek et aI
2001)
The project has to be designed to suit the local environment to be likely completed
in time and within budget as well as avoiding difficulties along the way It has to
also conserve the natural resources it relies upon will continue to sustain by the
environment in near future A project has to yield its benefits without causing
serious environmental problems Furthermore it will bring credit and recognition
to the project proponent
15 Objectives of the Study
The overall objective of the study is to determine the perception of the concerned
parties on the implementation of EIA for residential projects in Sarawak Such
perception will indeed determine the sensitivity of these parties on the need of EIA
process as an environmental management tooL
The specific objectives are as follows
1 Determine the perception of developers authorities and the public on
implementation of EIA for residential areas
5
ii Determine effectiveness of EIA process as an environmental management tool
by reviewing issues commonly raised during EIA study
iii Examine and review the overall legislation requirements as well as
management practices for implementation of EIA on residential projects
IV Formulate or suggest needs to enhance the process to ensure environmental
8ustainability
6
21
CHAPTER 2
LITERATURE REVIEW
Definition ofHousing Development
From a housing developers perspective a house is a product which the housing
developer is authorised to sell (subject to such constraints imposed upon the housing
developer by the Housing Development (Control amp Licensing) Act 1966 as recently
amended 1st December 2002 and the Regulations made there under to any intending
and willing purchase at the price stipulated in the sales brochures However this
product need not be in existence when the sale and purchase agreement is signed but
must be completed and fit for occupancy when the final purchase price is paid
Under Section 3 of the Housing Development (Control amp Licensing) Act 1966 (effective
1st December 2002) the term housing development has been defined to mean the
construction of more than four units of housing accommodation for sale to the public
It also includes the sale of more than four units of housing lots by a landowner with a
view of constructing houses thereon by the same landowner or by his nominee The
term housing lots has been defined as any piece of land surveyed or otherwise to
which a lot number has been assigned to it and which is subject to the category of
building in accordance with the National Land Code 1965
7
22 Site Selection and Project Options
The consideration of alternatives in project planning is one of the most notable
preventative or mitigation measures for many housing projects Site selection will
determine the type and magnitude of environmental and social impacts resulting from
the development of housing and township areas
The location of new housing and township projects may cause public reaction It may be
a positive perception for development However it may be a concern particularly if the
facilities are visually obstructive and involve major environmental issues The impacts
will be utmost where the location is close either to the existing population or to unspoilt
natural areas Improper project selection or location can lead to significant socioshy
economic andor environment impacts that can result in the rejection of planning
permission
EIA study must provide justification for the project the project components layout
planning and the site selection Environmental considerations must be considered
alongside economic and engineering considerations
23 Identification of suitable sites and screening for housing and new
township development projects
Identification of a large study area and identification of suitable area through
elimination of unsuitable areas is called constraints mapping It is usually necessary
for large-scale housing and new township projects not attached to a specific location
8
(a) Determine site requirements
Determine the size of the project including any potential expansion of the project
in the future Access routes to the area such as road and highway interchange as
well as utilities for the proposed project site should also be determined
(b) Determine extent of study area
Determine the maximum radius of the study area based on the economic
feasibility of delivery distances from construction material sources and waste
disposal sites
(c) Determine regulatory constraints to project
Project proponent shall verify if the proposed project is classified under low costs
mediumcosts high costs or special and any regulatory constraints to project
based on the housing classification
Buffer zone should be established and the site should be able to accommodate
buffer zones with respect to air water and noise pollution and solid and toxic
waste problems Control problems will be expected in many cases and landscaping
can provide barriers to neighbours and improve aesthetics values
(d) Determine environment constraints
9
Verify if the area has incompatible past current zoned or potential uses as urban
areas areas of incompatible housing classification areas of high amenity value
(tourism potential gazetted beaches national parks and marine parks) area of
special scientific interest high ecological and scientific values or aesthetic values
It should also avoid unsuited areas to receive pollution loads air sheds and water
catchments areas as well as areas of national mineral reserves
Unique habitat areas should be avoided Siting the development area near or
ecologically or environmentally sensitive habitats (eg mangroves estuaries
wetlands coral reefs) can cause irreversible damage to these habitats and are I
costly to develop
I
(e) Determine engineering and economic constraints
The housing and new townships development should have due regard for their
potential to contaminate cause man-induced geo-hazards such as slope failures
and flooding
Areas that require excessive investment in infrastructure such as distance from
existing roads difficulties in access expensive or difficult site formation is
deeming constraints to a development Minimise earthworks by taking advantage
of natural contours
(D Establish suitable areas
10
Establish areas zoned for Prescribed Activity if any such as slope area or water
catchments areas Areas of cultural natural heritage and unique or important
archaeological historical or cultural interest site of special scientific interest
should be avoided
Constraint mapping technique is used to designate areas which have unsuitable
physical and other environmental characteristics using constraints listed above
Place shaded transparencies (or use a Geographical Information System (GIS)
over these low suitability areas on the study area map_ The unshaded area may be
considered generally suitable
(g) Public perception
Public acceptance through awareness and education programmes in the proposed
development project is deemed necessary Potential impacts and process
equipment by providing noise barrieradequate buffer is to be provided for the
welfare of the public
24 Environmental Impact Assessment (EIA)
242 Introduction
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
11
Lawrence (2003) defined ElA as a systematic process of
I Determining and managing (identifying describing measuring predicting
interpreting integrating communicating involving and controlling) the
ii Potential (or reaD impacts (direct and indirect individual and cumulative
likelihood of occurrence) opound
iii Proposed (or existing) human actions (projects plans programs legislation
activities) and their alternatives
IV Environment (physical chemical biological human health cultural social
economic built and interrelations)
ElA is essentially a planning tool for preventing environmental problems due to an
action It encompasses a broad definition of environment of alternatives and of
proposed actions It seeks to avoid costly mistakes in project implementation either
because of the environmental damages that are likely to arise during project
implementation or because of modifications that may be required subsequently in
order to make the action environmentally acceptable Thus the systematic exploration
of interrelationship (eg among environmental components between the proposal and
the environment among alternatives among impacts) is obviously crucial in ElA
242 BriefHistory ofEIA
EIA was first formally established in the USA in 1969 and has since spread in various
forms to most other countries (Glasson et al 1999) The US National Policy Act
(NEPA) 1969 was the first legislation to require ElAs Consequently it has become an
12
important model for EIA systems both because it was a radically new form of
environment policy and because of the success and failures of its subsequent
development
EIA systems are perceived in many ways Some are in the form of mandatory
regulations acts or statues which are generally enforced by the authorities
Preparation of an adequate EIA is required before permission is given for a project to
proceed In other cases EIA systems exist in the form of guidelines which are not
enforceable but generally imposed obligations on the administrating agency Other
legislations allow government officials to require EIAs to be prepared at their
discretion In some cases EIAs are prepared in an ad hoc manner often because
funding bodies requires them (eg World Bank Asia Development Bank) as part of a
funding approval process Some project developers have a policy to conduct EIA as part
of their management-planning tool
243 EIA History in Malaysia
The Environmental Quality Act (EQA) 1974 is a federal act relating to the preventive
abatement control of pollution and enhancement of the environment In the late
eighties four additional sets of regulations were introduced and enforced by the
Department of Environment (DOE) which includes Environmental Quality (Prescribed
Activities)(Environmental Impact Assessment Order) 1987 which concerns the
requirement ofEIA for the prescribed activity This order was enforced on the let April
1988 in aU 13 states
13
In 1993 four DOE States Office (Johor Penang Selangor and Sarawak) was given the
full responsibility to review and decide on all Preliminary EIA reports In 1999 the
decentralization of EIA review process was fully expanded to the rest of the States
office The States DOE approach was to be a one-stop agency to all relevant technical
departments and agencies from Federal and State to provide inputs or comments in the
review of EIA reports (Sentian amp Tuah 2001) DOE is authorized to agree to
environmental issues and mitigating measures addressed in the EIA report by the
project proponent and its EIA consultant Other relevant approving authorities will
oversee other aspects such as planning development licensing and permits before the
project can commence
Sarawak enforced its newly amended Natural Resources and Environment Ordinance
1949 on 1st February 1999 to cover the areas of environmental management of natural
resources A Natural Resources and Environmental Board was established to
administer the Ordinance which include the power to formulate or develop policies and
guidelines to ensure exploitation conservation and management of natural resources in
the state will not cause any adverse impact on the environment (Mamit 1997)
Sarawak EIA Order was enforced on the 1st September 1994 requiring any person to
carry out any prescribed activity to submit an EIA report to the Board
Conservation of Environment Enactment 1996 was created in Sabah It carries the core
function similar to those of Natural Resources Ordinance 1949 (Amended 1993) in
14
Sarawak Under this Enactment the Conservation of Environment (Prescribed
Activity) Order 1999 was made and came into force on 1st September 1999
244 Legislative requirement ofEIA for residential projects in Malaysia
EIA when integrated into the existing planning and decision-making machinery
provides additional information towards better decision-making It has been widely
accepted as a useful and beneficial tool before a decision is made in respect of any
proposed development
(j) Environmental Quality Act 1974 (EQA) and Environmental Quality (Prescribed
Activities)(Environmental Impact Assessment) ltAmendment) Order 1995
In Malaysia EIA is required under section 34A Environmental Quality Act 1974 It
was made mandatory for certain prescribed activities since 1st April 1988 with the
coming force of the Environmental Quality (Prescribed Activities)(Environmental
Impact Assessment) Order 1987
Section 34A of the EQA provides powers to the Minister to prescribe by order any
activity which may give significant environmental impacts as a prescribed activity for
which a report on an assessment of the impact(s) such an activity will have on the
environment be submitted to the Director General of Environmental Quality of
Department of Environment (DOE) for approval The submission of an EIA report for
15
approval by the Director General is a requirement prior to granting of approval by the
relevant project approving authority (ILBS 1994)
The Order listed 19 prescribed activities The following activities in relation to
residential areas are required for submission and approval of EIA report
Item (7) Housing
Housing development covering an area of 50 hectares or more
Item (9) Infrastructure
(a) Construction of hospitals with outfall into beachfronts used for
recreational purpose
(b) Industrial estate development for medium and heavy industries
covering an area of50 hectares or more
(c) Construction ofexpressways
(d) Construction of national highways
(e) Construction of new townships
Furthermore all development carried out on hilly terrain with 26-35 degrees slope are
also 8ubjected to EIA reporting in line with Cabinet directive as detailed in the
Guidelines issued by the Ministry of Natural Resources and Environment (NIlE)
Malaysia
16
Table 11
Table 31 Table 41
Table 42 Table 43
Table 44
Table 45
LIST OF TABLES
Page Profitability Indicators and Decision Rules Used in 42 CBA List of EIA and EMP reports 51 Summary for duration for approval of EIA reports on 58 residential projects Number of compounds received by NREB by year 67 Experienced development in residential area and affect 75 and change the environment of residential area crossshytabulation Lodge a complaint on environment to the authority 76 and satisfaction on the environment on residential area cross-tabulation Awareness of EIA study and consider EIA findings 78 when buying a housing property
IV
LIST OF FIGURES
PageFigure 21 Outline of Environmental Impact Assessment 28
Procedure in Malaysia Figure 22 Environmental Impact Assessment (EIA) process 48 Figure 23 Flow chart for evaluation and review 49 Figure 41 Project commencement flowchart for developers to 57
start a development project on prescribed activities Figure 42 Total ofEIA reports received vs number ofEIA 61
reports Approved from 1994-2006 Figure 43 Total ofEIA reports received vs number ofEIA 63
reports Approved for Realty Unit from 1994-2006 Figure 44 Total EIA report received versus approved for housing 65
projects from 1994-2006 Figure 45 Mode ofcomplaints received in NREB 67 Figure 46 Process of complaints cases flow-chart 69 Figure 47 Respondents residential area 72 Figure 48 Housing property ownership 73 Figure 49 Understanding roles and functions ofNREB () 74 Figure 410 Respondents choice of authority to lodge a complaint 77
on environment Figure 411 Factors considered when making a decision to buy a 79
housing property
v
ABSTRACT
Sarawak economic is expected to remain robust and dynamic which leads to urban
migration and demands for more residential developments The level and types of impact
from residential projects will vary significantly based on project-to-project basis New
township on virgin sites can be extremely intrusive and have major impacts on natural
resources and the existing natural environment EIA is essentially a planning tool for
preventing environmental problems due to an action It is required under the Sarawak
NREO 1993 Certain criteria on development of residential and commercial areas are
prescribed activities that require ElA implementation However the problems faced by the
authorities and developers may affect the implementation ofElA The study aims at looking
to the perception of the developers authorities as well as the public on implementation of
EIA It involves collation of guidelines on housing developments EIA and EMP reports
literature and other published articles on housing development The study also conducted
interviews with key personnel of the authorities and selected ElA consultants The
developers were concern on the procedural delays and red tape of an ElA approval
Approval from SPA is their major license to project implementation although SPA only
gives approval in principle The authorities need more resources to cater the services as
more development is coming Some of the public are aware of ElA implementation
Respondents would choose price and promotion factor over environmental conditions of the
area Deficiencies in ElA reports can be reduced by giving more stress on important issues
and have sound knowledge on the issues NREB can work more efficiently giving more
publicity to the public and define its roles and functions SPA NREB and Land and Survey
Department working closely in giving approval to development can avoid future difficulties
on the environment
VI
ABSTRAK
Perkernbangan ekonorni di Sarawak dijangkakan akan berkernbang pesat dan dinarnik
lantas rnenjurus kepada rnigrasi penduduk ke kawasan bandar Ini rnenyebabkan
permintaan tinggi untuk perurnahan Tahap dan kesan yang disebabkan oleh pernbangunan
kawasan perurnahan arnatlah berbeza dari satu projek ke projek yang lain Pernbangunan
kawasan bandar baru di kawasan baru boleh rnenyebabkan irnpak yang negatif kepada
surnber alarn sernulajadi dan keadaan asal alarn sernulajadi di kawasan berkenaan EIA
adalah satu kaedah perancangan bagi rnengelakkan kesan alarn sekitar akibat sesuatu
pernbangunan Ia diwajibkan dibawah NREO Sarawak 1993 Beberapa kriteria untuk
pernbangunan kawasan perurnahan dan kornersil rnernerlukan EIA untuk dijalankan
Walaubagairnanapun kekurangan yang perlu dihadapi oleh pihak pengusaha dan
penguatkuasa boleh rnengganggu proses EIA Kajian ini bertujuan rnenilai persepsi dan
pandangan pihak pengusaha penguatkuasa dan juga orang awarn rnengenai perlaksanaan
EIA Kajian ini rnelibatkan penilaian garis panduan untuk pernbangunan kawasan
perurnahan laporan EIA dan EMP serta artikel-artikel rnengenai pernbangunan kawasan
perurnahan Sesi ternuduga dengan pegawai kerajaan yang berkaitan pengusaha dan
jururunding EIA juga dijalankan Pengusaha rnenyatakan bahawa isu penangguhan
kelulusan EIA dan proses yang perlu rnelalui banyak prosedur rnengganggu kelancaran
projek pernbangunan Bagi rnereka kelulusan dari SPA adalah lesen paling utarna
walaupun SPA hanya rnernberi kelulusan dari segi prinsipal sahaja Pihak penguatkuasa
rnernerlukan lebih banyak kakitangan dan kernudahan kerana pernbangunan yang pesat
Sebilangan orang awarn sedar akan kewujudan EIA Orang awarn lebih rnernilih harga dan
prornosi berbanding keadaan alarn sekitar di sekililing rurnah Kekurangan dalarn laporan
EIA boleh diatasi dengan rnernberi turnpuan kepada isu yang lebih penting dan
rnernpertingkatkan ilrnu dan kernahiran dalarn isu-isu berkenaan NREB boleh bertindak
dengan lebih berkesan dengan rnernberikan lebih banyak publisiti dan rnenerangkan
mengenai fungsi badan berkenaan SPA NREB dan Jabatan Tanah dan Ukur perlu
berkerjasama dalam rnernberikan kelulusan terhadap sesuatu projek untuk mengelakkan
rna salah di rnasa akan datang
Vll
CHAPTER 1
INTRODUCTION
11 Background
Sarawak has a population of 2176800 The capital city of Kuching has some 458300
people making it the highest populated city in Sarawak and the seventh highest
populated city in Malaysia (Sarawak Online)
The global economic environment in Sarawak is expected to remain robust and
dynamic right up to the next decade with both the industrial and developing countries
anticipated maintaining sustainable output growth Global trade is predicted to expand
by about 8 The availability of vast competitively priced land and rich reserves of
natural resources has made Sarawak an attractive choice for manufacturing operations
among investors This leads to ongoing demand fur additional housing and an ongoing
need fur additional sites fur this purpose According to Phillips (1997) the urban areas
in Sarawak particularly the Kuching and Sibu divisions are developing rapidly due to
the ruralurban migration and intense business development
12 Demand for housing in Sarawak
The success of the Governments housing strategies in human settlements can be seen
from the construction of over 850000 houses between 1996-2000 and 615000 houses
from 2001-2005 (Rahman 2005) The government has also introduced the Integrated
Peoples Housing Programme to resettle squatters into new housing areas with all
1
basic amenities The Programme is well on track in meeting the 0 squatters target by
the end of 2005
The vast acreage ofland required will inevitably result in significant impacts and
environmental considerations must be incorporated in the approval process for new
housing development process
13 Environmental Impacts of Residential Projects
The level and types of impact from residential projects will vary significantly based on
project-to-project basis New township on virgin sites can be extremely intrusive and
have major impacts on natural resources and the existing natural environment
However many new housing projects will be proposed in existing urbanized area on
land already zoned for residential use As such there will be little impact on natural
resources and no consideration on alternative sites Thus the project may only have to
be considered in terms of design and the more immediate construction and operating
impacts
The adverse environmental impacts of housing projects can occur at regional local and
site scales (Pakistan Environmental Agency 1997) Direct impacts are mainly physical
on the site development construction and operation of a project Indirect impacts are
experienced offsite and are more difficult to quantify in large housing projects indirect
impacts can be very significant These are often overlooked or ignored in impact
evaluation and mitigation
2
14 Problem statements
Rational of the study are stated as follow
(j) EIA and Existing Policy
Sarawak is the first state to enact its own law on environmental protection and
natural resource management EIA study is required under Section 11 (N
Natural Resources and Environmental Ordinance (NREO) (Chapter 84 Laws of
Sarawak) It is necessary for Prescribed Activities or development activities
which are having impacts to the environment
Under the First Schedule Prescribed Activities ltArticle 2 3 and 6) development
ofcommercial industrial and housing estates includes the following conditions
i Development of commercial or housing estates of an area exceeding 10
hectares
ll Development of industrial estates with factories to accommodate medium
or heavy industries
lll Conversion of mangrove swamps into industrial commercial or housing
estate exceeding 10 hectares in area
iv Reclamation of land whether by the sea or along river banks for housing
commercial or industrial estates
Then the EIA report is to be submitted to the Natural Resources and
Environment Board Sarawak (NREB) for approvaL If the report is found
satisfactory NREB will give permission in writing for such development activities
3
to be undertaken or commenced and the project developer is obliged to undertake
in writing the orders and directives of the NREB Therefore serious consideration
as well as thorough-planning needs to be taken for development projects
especially on difficult and expensive-management-practices areas such as
peatland
(ji) Shortfalls ofthe EIA system in Sarawak
Relevant critical issues are usually ignored as the issues depend on the ability of
the EIA team to address them where good field survey literature review
consultation with relevant authorities as well as discussion with local people of
the affected project area are required These information would hold strongly
with the abatement and mitigating measures as an integral part of the EIA
report
Guidelines on EIA study for residential areas are quite general and have rooms
for improvement In addition EIA is only a project based without looking into
cumulative impacts of the study Good guidelines and better understanding of the
purpose of EIA could make a clear view for the developers and the public on EIA
implementation The developers as well as the public could appreciate the
implementation of EIA as well as experiencing sustainable development
4
PoSIt lCflimat Mklumllt Akldemik UNtVEkStTt MALAYStA SAIlAWAK
(ill) Rapid development ofresidential projects
Agriculture and urbanization in major towns in Sarawak are encroaching into
peatland areas This situation is mainly because of the increasing shortages of
good agricultural land for further development the flat topography and its
occurrence close to the population centres and existing cropped areas (Tek et aI
2001)
The project has to be designed to suit the local environment to be likely completed
in time and within budget as well as avoiding difficulties along the way It has to
also conserve the natural resources it relies upon will continue to sustain by the
environment in near future A project has to yield its benefits without causing
serious environmental problems Furthermore it will bring credit and recognition
to the project proponent
15 Objectives of the Study
The overall objective of the study is to determine the perception of the concerned
parties on the implementation of EIA for residential projects in Sarawak Such
perception will indeed determine the sensitivity of these parties on the need of EIA
process as an environmental management tooL
The specific objectives are as follows
1 Determine the perception of developers authorities and the public on
implementation of EIA for residential areas
5
ii Determine effectiveness of EIA process as an environmental management tool
by reviewing issues commonly raised during EIA study
iii Examine and review the overall legislation requirements as well as
management practices for implementation of EIA on residential projects
IV Formulate or suggest needs to enhance the process to ensure environmental
8ustainability
6
21
CHAPTER 2
LITERATURE REVIEW
Definition ofHousing Development
From a housing developers perspective a house is a product which the housing
developer is authorised to sell (subject to such constraints imposed upon the housing
developer by the Housing Development (Control amp Licensing) Act 1966 as recently
amended 1st December 2002 and the Regulations made there under to any intending
and willing purchase at the price stipulated in the sales brochures However this
product need not be in existence when the sale and purchase agreement is signed but
must be completed and fit for occupancy when the final purchase price is paid
Under Section 3 of the Housing Development (Control amp Licensing) Act 1966 (effective
1st December 2002) the term housing development has been defined to mean the
construction of more than four units of housing accommodation for sale to the public
It also includes the sale of more than four units of housing lots by a landowner with a
view of constructing houses thereon by the same landowner or by his nominee The
term housing lots has been defined as any piece of land surveyed or otherwise to
which a lot number has been assigned to it and which is subject to the category of
building in accordance with the National Land Code 1965
7
22 Site Selection and Project Options
The consideration of alternatives in project planning is one of the most notable
preventative or mitigation measures for many housing projects Site selection will
determine the type and magnitude of environmental and social impacts resulting from
the development of housing and township areas
The location of new housing and township projects may cause public reaction It may be
a positive perception for development However it may be a concern particularly if the
facilities are visually obstructive and involve major environmental issues The impacts
will be utmost where the location is close either to the existing population or to unspoilt
natural areas Improper project selection or location can lead to significant socioshy
economic andor environment impacts that can result in the rejection of planning
permission
EIA study must provide justification for the project the project components layout
planning and the site selection Environmental considerations must be considered
alongside economic and engineering considerations
23 Identification of suitable sites and screening for housing and new
township development projects
Identification of a large study area and identification of suitable area through
elimination of unsuitable areas is called constraints mapping It is usually necessary
for large-scale housing and new township projects not attached to a specific location
8
(a) Determine site requirements
Determine the size of the project including any potential expansion of the project
in the future Access routes to the area such as road and highway interchange as
well as utilities for the proposed project site should also be determined
(b) Determine extent of study area
Determine the maximum radius of the study area based on the economic
feasibility of delivery distances from construction material sources and waste
disposal sites
(c) Determine regulatory constraints to project
Project proponent shall verify if the proposed project is classified under low costs
mediumcosts high costs or special and any regulatory constraints to project
based on the housing classification
Buffer zone should be established and the site should be able to accommodate
buffer zones with respect to air water and noise pollution and solid and toxic
waste problems Control problems will be expected in many cases and landscaping
can provide barriers to neighbours and improve aesthetics values
(d) Determine environment constraints
9
Verify if the area has incompatible past current zoned or potential uses as urban
areas areas of incompatible housing classification areas of high amenity value
(tourism potential gazetted beaches national parks and marine parks) area of
special scientific interest high ecological and scientific values or aesthetic values
It should also avoid unsuited areas to receive pollution loads air sheds and water
catchments areas as well as areas of national mineral reserves
Unique habitat areas should be avoided Siting the development area near or
ecologically or environmentally sensitive habitats (eg mangroves estuaries
wetlands coral reefs) can cause irreversible damage to these habitats and are I
costly to develop
I
(e) Determine engineering and economic constraints
The housing and new townships development should have due regard for their
potential to contaminate cause man-induced geo-hazards such as slope failures
and flooding
Areas that require excessive investment in infrastructure such as distance from
existing roads difficulties in access expensive or difficult site formation is
deeming constraints to a development Minimise earthworks by taking advantage
of natural contours
(D Establish suitable areas
10
Establish areas zoned for Prescribed Activity if any such as slope area or water
catchments areas Areas of cultural natural heritage and unique or important
archaeological historical or cultural interest site of special scientific interest
should be avoided
Constraint mapping technique is used to designate areas which have unsuitable
physical and other environmental characteristics using constraints listed above
Place shaded transparencies (or use a Geographical Information System (GIS)
over these low suitability areas on the study area map_ The unshaded area may be
considered generally suitable
(g) Public perception
Public acceptance through awareness and education programmes in the proposed
development project is deemed necessary Potential impacts and process
equipment by providing noise barrieradequate buffer is to be provided for the
welfare of the public
24 Environmental Impact Assessment (EIA)
242 Introduction
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
11
Lawrence (2003) defined ElA as a systematic process of
I Determining and managing (identifying describing measuring predicting
interpreting integrating communicating involving and controlling) the
ii Potential (or reaD impacts (direct and indirect individual and cumulative
likelihood of occurrence) opound
iii Proposed (or existing) human actions (projects plans programs legislation
activities) and their alternatives
IV Environment (physical chemical biological human health cultural social
economic built and interrelations)
ElA is essentially a planning tool for preventing environmental problems due to an
action It encompasses a broad definition of environment of alternatives and of
proposed actions It seeks to avoid costly mistakes in project implementation either
because of the environmental damages that are likely to arise during project
implementation or because of modifications that may be required subsequently in
order to make the action environmentally acceptable Thus the systematic exploration
of interrelationship (eg among environmental components between the proposal and
the environment among alternatives among impacts) is obviously crucial in ElA
242 BriefHistory ofEIA
EIA was first formally established in the USA in 1969 and has since spread in various
forms to most other countries (Glasson et al 1999) The US National Policy Act
(NEPA) 1969 was the first legislation to require ElAs Consequently it has become an
12
important model for EIA systems both because it was a radically new form of
environment policy and because of the success and failures of its subsequent
development
EIA systems are perceived in many ways Some are in the form of mandatory
regulations acts or statues which are generally enforced by the authorities
Preparation of an adequate EIA is required before permission is given for a project to
proceed In other cases EIA systems exist in the form of guidelines which are not
enforceable but generally imposed obligations on the administrating agency Other
legislations allow government officials to require EIAs to be prepared at their
discretion In some cases EIAs are prepared in an ad hoc manner often because
funding bodies requires them (eg World Bank Asia Development Bank) as part of a
funding approval process Some project developers have a policy to conduct EIA as part
of their management-planning tool
243 EIA History in Malaysia
The Environmental Quality Act (EQA) 1974 is a federal act relating to the preventive
abatement control of pollution and enhancement of the environment In the late
eighties four additional sets of regulations were introduced and enforced by the
Department of Environment (DOE) which includes Environmental Quality (Prescribed
Activities)(Environmental Impact Assessment Order) 1987 which concerns the
requirement ofEIA for the prescribed activity This order was enforced on the let April
1988 in aU 13 states
13
In 1993 four DOE States Office (Johor Penang Selangor and Sarawak) was given the
full responsibility to review and decide on all Preliminary EIA reports In 1999 the
decentralization of EIA review process was fully expanded to the rest of the States
office The States DOE approach was to be a one-stop agency to all relevant technical
departments and agencies from Federal and State to provide inputs or comments in the
review of EIA reports (Sentian amp Tuah 2001) DOE is authorized to agree to
environmental issues and mitigating measures addressed in the EIA report by the
project proponent and its EIA consultant Other relevant approving authorities will
oversee other aspects such as planning development licensing and permits before the
project can commence
Sarawak enforced its newly amended Natural Resources and Environment Ordinance
1949 on 1st February 1999 to cover the areas of environmental management of natural
resources A Natural Resources and Environmental Board was established to
administer the Ordinance which include the power to formulate or develop policies and
guidelines to ensure exploitation conservation and management of natural resources in
the state will not cause any adverse impact on the environment (Mamit 1997)
Sarawak EIA Order was enforced on the 1st September 1994 requiring any person to
carry out any prescribed activity to submit an EIA report to the Board
Conservation of Environment Enactment 1996 was created in Sabah It carries the core
function similar to those of Natural Resources Ordinance 1949 (Amended 1993) in
14
Sarawak Under this Enactment the Conservation of Environment (Prescribed
Activity) Order 1999 was made and came into force on 1st September 1999
244 Legislative requirement ofEIA for residential projects in Malaysia
EIA when integrated into the existing planning and decision-making machinery
provides additional information towards better decision-making It has been widely
accepted as a useful and beneficial tool before a decision is made in respect of any
proposed development
(j) Environmental Quality Act 1974 (EQA) and Environmental Quality (Prescribed
Activities)(Environmental Impact Assessment) ltAmendment) Order 1995
In Malaysia EIA is required under section 34A Environmental Quality Act 1974 It
was made mandatory for certain prescribed activities since 1st April 1988 with the
coming force of the Environmental Quality (Prescribed Activities)(Environmental
Impact Assessment) Order 1987
Section 34A of the EQA provides powers to the Minister to prescribe by order any
activity which may give significant environmental impacts as a prescribed activity for
which a report on an assessment of the impact(s) such an activity will have on the
environment be submitted to the Director General of Environmental Quality of
Department of Environment (DOE) for approval The submission of an EIA report for
15
approval by the Director General is a requirement prior to granting of approval by the
relevant project approving authority (ILBS 1994)
The Order listed 19 prescribed activities The following activities in relation to
residential areas are required for submission and approval of EIA report
Item (7) Housing
Housing development covering an area of 50 hectares or more
Item (9) Infrastructure
(a) Construction of hospitals with outfall into beachfronts used for
recreational purpose
(b) Industrial estate development for medium and heavy industries
covering an area of50 hectares or more
(c) Construction ofexpressways
(d) Construction of national highways
(e) Construction of new townships
Furthermore all development carried out on hilly terrain with 26-35 degrees slope are
also 8ubjected to EIA reporting in line with Cabinet directive as detailed in the
Guidelines issued by the Ministry of Natural Resources and Environment (NIlE)
Malaysia
16
LIST OF FIGURES
PageFigure 21 Outline of Environmental Impact Assessment 28
Procedure in Malaysia Figure 22 Environmental Impact Assessment (EIA) process 48 Figure 23 Flow chart for evaluation and review 49 Figure 41 Project commencement flowchart for developers to 57
start a development project on prescribed activities Figure 42 Total ofEIA reports received vs number ofEIA 61
reports Approved from 1994-2006 Figure 43 Total ofEIA reports received vs number ofEIA 63
reports Approved for Realty Unit from 1994-2006 Figure 44 Total EIA report received versus approved for housing 65
projects from 1994-2006 Figure 45 Mode ofcomplaints received in NREB 67 Figure 46 Process of complaints cases flow-chart 69 Figure 47 Respondents residential area 72 Figure 48 Housing property ownership 73 Figure 49 Understanding roles and functions ofNREB () 74 Figure 410 Respondents choice of authority to lodge a complaint 77
on environment Figure 411 Factors considered when making a decision to buy a 79
housing property
v
ABSTRACT
Sarawak economic is expected to remain robust and dynamic which leads to urban
migration and demands for more residential developments The level and types of impact
from residential projects will vary significantly based on project-to-project basis New
township on virgin sites can be extremely intrusive and have major impacts on natural
resources and the existing natural environment EIA is essentially a planning tool for
preventing environmental problems due to an action It is required under the Sarawak
NREO 1993 Certain criteria on development of residential and commercial areas are
prescribed activities that require ElA implementation However the problems faced by the
authorities and developers may affect the implementation ofElA The study aims at looking
to the perception of the developers authorities as well as the public on implementation of
EIA It involves collation of guidelines on housing developments EIA and EMP reports
literature and other published articles on housing development The study also conducted
interviews with key personnel of the authorities and selected ElA consultants The
developers were concern on the procedural delays and red tape of an ElA approval
Approval from SPA is their major license to project implementation although SPA only
gives approval in principle The authorities need more resources to cater the services as
more development is coming Some of the public are aware of ElA implementation
Respondents would choose price and promotion factor over environmental conditions of the
area Deficiencies in ElA reports can be reduced by giving more stress on important issues
and have sound knowledge on the issues NREB can work more efficiently giving more
publicity to the public and define its roles and functions SPA NREB and Land and Survey
Department working closely in giving approval to development can avoid future difficulties
on the environment
VI
ABSTRAK
Perkernbangan ekonorni di Sarawak dijangkakan akan berkernbang pesat dan dinarnik
lantas rnenjurus kepada rnigrasi penduduk ke kawasan bandar Ini rnenyebabkan
permintaan tinggi untuk perurnahan Tahap dan kesan yang disebabkan oleh pernbangunan
kawasan perurnahan arnatlah berbeza dari satu projek ke projek yang lain Pernbangunan
kawasan bandar baru di kawasan baru boleh rnenyebabkan irnpak yang negatif kepada
surnber alarn sernulajadi dan keadaan asal alarn sernulajadi di kawasan berkenaan EIA
adalah satu kaedah perancangan bagi rnengelakkan kesan alarn sekitar akibat sesuatu
pernbangunan Ia diwajibkan dibawah NREO Sarawak 1993 Beberapa kriteria untuk
pernbangunan kawasan perurnahan dan kornersil rnernerlukan EIA untuk dijalankan
Walaubagairnanapun kekurangan yang perlu dihadapi oleh pihak pengusaha dan
penguatkuasa boleh rnengganggu proses EIA Kajian ini bertujuan rnenilai persepsi dan
pandangan pihak pengusaha penguatkuasa dan juga orang awarn rnengenai perlaksanaan
EIA Kajian ini rnelibatkan penilaian garis panduan untuk pernbangunan kawasan
perurnahan laporan EIA dan EMP serta artikel-artikel rnengenai pernbangunan kawasan
perurnahan Sesi ternuduga dengan pegawai kerajaan yang berkaitan pengusaha dan
jururunding EIA juga dijalankan Pengusaha rnenyatakan bahawa isu penangguhan
kelulusan EIA dan proses yang perlu rnelalui banyak prosedur rnengganggu kelancaran
projek pernbangunan Bagi rnereka kelulusan dari SPA adalah lesen paling utarna
walaupun SPA hanya rnernberi kelulusan dari segi prinsipal sahaja Pihak penguatkuasa
rnernerlukan lebih banyak kakitangan dan kernudahan kerana pernbangunan yang pesat
Sebilangan orang awarn sedar akan kewujudan EIA Orang awarn lebih rnernilih harga dan
prornosi berbanding keadaan alarn sekitar di sekililing rurnah Kekurangan dalarn laporan
EIA boleh diatasi dengan rnernberi turnpuan kepada isu yang lebih penting dan
rnernpertingkatkan ilrnu dan kernahiran dalarn isu-isu berkenaan NREB boleh bertindak
dengan lebih berkesan dengan rnernberikan lebih banyak publisiti dan rnenerangkan
mengenai fungsi badan berkenaan SPA NREB dan Jabatan Tanah dan Ukur perlu
berkerjasama dalam rnernberikan kelulusan terhadap sesuatu projek untuk mengelakkan
rna salah di rnasa akan datang
Vll
CHAPTER 1
INTRODUCTION
11 Background
Sarawak has a population of 2176800 The capital city of Kuching has some 458300
people making it the highest populated city in Sarawak and the seventh highest
populated city in Malaysia (Sarawak Online)
The global economic environment in Sarawak is expected to remain robust and
dynamic right up to the next decade with both the industrial and developing countries
anticipated maintaining sustainable output growth Global trade is predicted to expand
by about 8 The availability of vast competitively priced land and rich reserves of
natural resources has made Sarawak an attractive choice for manufacturing operations
among investors This leads to ongoing demand fur additional housing and an ongoing
need fur additional sites fur this purpose According to Phillips (1997) the urban areas
in Sarawak particularly the Kuching and Sibu divisions are developing rapidly due to
the ruralurban migration and intense business development
12 Demand for housing in Sarawak
The success of the Governments housing strategies in human settlements can be seen
from the construction of over 850000 houses between 1996-2000 and 615000 houses
from 2001-2005 (Rahman 2005) The government has also introduced the Integrated
Peoples Housing Programme to resettle squatters into new housing areas with all
1
basic amenities The Programme is well on track in meeting the 0 squatters target by
the end of 2005
The vast acreage ofland required will inevitably result in significant impacts and
environmental considerations must be incorporated in the approval process for new
housing development process
13 Environmental Impacts of Residential Projects
The level and types of impact from residential projects will vary significantly based on
project-to-project basis New township on virgin sites can be extremely intrusive and
have major impacts on natural resources and the existing natural environment
However many new housing projects will be proposed in existing urbanized area on
land already zoned for residential use As such there will be little impact on natural
resources and no consideration on alternative sites Thus the project may only have to
be considered in terms of design and the more immediate construction and operating
impacts
The adverse environmental impacts of housing projects can occur at regional local and
site scales (Pakistan Environmental Agency 1997) Direct impacts are mainly physical
on the site development construction and operation of a project Indirect impacts are
experienced offsite and are more difficult to quantify in large housing projects indirect
impacts can be very significant These are often overlooked or ignored in impact
evaluation and mitigation
2
14 Problem statements
Rational of the study are stated as follow
(j) EIA and Existing Policy
Sarawak is the first state to enact its own law on environmental protection and
natural resource management EIA study is required under Section 11 (N
Natural Resources and Environmental Ordinance (NREO) (Chapter 84 Laws of
Sarawak) It is necessary for Prescribed Activities or development activities
which are having impacts to the environment
Under the First Schedule Prescribed Activities ltArticle 2 3 and 6) development
ofcommercial industrial and housing estates includes the following conditions
i Development of commercial or housing estates of an area exceeding 10
hectares
ll Development of industrial estates with factories to accommodate medium
or heavy industries
lll Conversion of mangrove swamps into industrial commercial or housing
estate exceeding 10 hectares in area
iv Reclamation of land whether by the sea or along river banks for housing
commercial or industrial estates
Then the EIA report is to be submitted to the Natural Resources and
Environment Board Sarawak (NREB) for approvaL If the report is found
satisfactory NREB will give permission in writing for such development activities
3
to be undertaken or commenced and the project developer is obliged to undertake
in writing the orders and directives of the NREB Therefore serious consideration
as well as thorough-planning needs to be taken for development projects
especially on difficult and expensive-management-practices areas such as
peatland
(ji) Shortfalls ofthe EIA system in Sarawak
Relevant critical issues are usually ignored as the issues depend on the ability of
the EIA team to address them where good field survey literature review
consultation with relevant authorities as well as discussion with local people of
the affected project area are required These information would hold strongly
with the abatement and mitigating measures as an integral part of the EIA
report
Guidelines on EIA study for residential areas are quite general and have rooms
for improvement In addition EIA is only a project based without looking into
cumulative impacts of the study Good guidelines and better understanding of the
purpose of EIA could make a clear view for the developers and the public on EIA
implementation The developers as well as the public could appreciate the
implementation of EIA as well as experiencing sustainable development
4
PoSIt lCflimat Mklumllt Akldemik UNtVEkStTt MALAYStA SAIlAWAK
(ill) Rapid development ofresidential projects
Agriculture and urbanization in major towns in Sarawak are encroaching into
peatland areas This situation is mainly because of the increasing shortages of
good agricultural land for further development the flat topography and its
occurrence close to the population centres and existing cropped areas (Tek et aI
2001)
The project has to be designed to suit the local environment to be likely completed
in time and within budget as well as avoiding difficulties along the way It has to
also conserve the natural resources it relies upon will continue to sustain by the
environment in near future A project has to yield its benefits without causing
serious environmental problems Furthermore it will bring credit and recognition
to the project proponent
15 Objectives of the Study
The overall objective of the study is to determine the perception of the concerned
parties on the implementation of EIA for residential projects in Sarawak Such
perception will indeed determine the sensitivity of these parties on the need of EIA
process as an environmental management tooL
The specific objectives are as follows
1 Determine the perception of developers authorities and the public on
implementation of EIA for residential areas
5
ii Determine effectiveness of EIA process as an environmental management tool
by reviewing issues commonly raised during EIA study
iii Examine and review the overall legislation requirements as well as
management practices for implementation of EIA on residential projects
IV Formulate or suggest needs to enhance the process to ensure environmental
8ustainability
6
21
CHAPTER 2
LITERATURE REVIEW
Definition ofHousing Development
From a housing developers perspective a house is a product which the housing
developer is authorised to sell (subject to such constraints imposed upon the housing
developer by the Housing Development (Control amp Licensing) Act 1966 as recently
amended 1st December 2002 and the Regulations made there under to any intending
and willing purchase at the price stipulated in the sales brochures However this
product need not be in existence when the sale and purchase agreement is signed but
must be completed and fit for occupancy when the final purchase price is paid
Under Section 3 of the Housing Development (Control amp Licensing) Act 1966 (effective
1st December 2002) the term housing development has been defined to mean the
construction of more than four units of housing accommodation for sale to the public
It also includes the sale of more than four units of housing lots by a landowner with a
view of constructing houses thereon by the same landowner or by his nominee The
term housing lots has been defined as any piece of land surveyed or otherwise to
which a lot number has been assigned to it and which is subject to the category of
building in accordance with the National Land Code 1965
7
22 Site Selection and Project Options
The consideration of alternatives in project planning is one of the most notable
preventative or mitigation measures for many housing projects Site selection will
determine the type and magnitude of environmental and social impacts resulting from
the development of housing and township areas
The location of new housing and township projects may cause public reaction It may be
a positive perception for development However it may be a concern particularly if the
facilities are visually obstructive and involve major environmental issues The impacts
will be utmost where the location is close either to the existing population or to unspoilt
natural areas Improper project selection or location can lead to significant socioshy
economic andor environment impacts that can result in the rejection of planning
permission
EIA study must provide justification for the project the project components layout
planning and the site selection Environmental considerations must be considered
alongside economic and engineering considerations
23 Identification of suitable sites and screening for housing and new
township development projects
Identification of a large study area and identification of suitable area through
elimination of unsuitable areas is called constraints mapping It is usually necessary
for large-scale housing and new township projects not attached to a specific location
8
(a) Determine site requirements
Determine the size of the project including any potential expansion of the project
in the future Access routes to the area such as road and highway interchange as
well as utilities for the proposed project site should also be determined
(b) Determine extent of study area
Determine the maximum radius of the study area based on the economic
feasibility of delivery distances from construction material sources and waste
disposal sites
(c) Determine regulatory constraints to project
Project proponent shall verify if the proposed project is classified under low costs
mediumcosts high costs or special and any regulatory constraints to project
based on the housing classification
Buffer zone should be established and the site should be able to accommodate
buffer zones with respect to air water and noise pollution and solid and toxic
waste problems Control problems will be expected in many cases and landscaping
can provide barriers to neighbours and improve aesthetics values
(d) Determine environment constraints
9
Verify if the area has incompatible past current zoned or potential uses as urban
areas areas of incompatible housing classification areas of high amenity value
(tourism potential gazetted beaches national parks and marine parks) area of
special scientific interest high ecological and scientific values or aesthetic values
It should also avoid unsuited areas to receive pollution loads air sheds and water
catchments areas as well as areas of national mineral reserves
Unique habitat areas should be avoided Siting the development area near or
ecologically or environmentally sensitive habitats (eg mangroves estuaries
wetlands coral reefs) can cause irreversible damage to these habitats and are I
costly to develop
I
(e) Determine engineering and economic constraints
The housing and new townships development should have due regard for their
potential to contaminate cause man-induced geo-hazards such as slope failures
and flooding
Areas that require excessive investment in infrastructure such as distance from
existing roads difficulties in access expensive or difficult site formation is
deeming constraints to a development Minimise earthworks by taking advantage
of natural contours
(D Establish suitable areas
10
Establish areas zoned for Prescribed Activity if any such as slope area or water
catchments areas Areas of cultural natural heritage and unique or important
archaeological historical or cultural interest site of special scientific interest
should be avoided
Constraint mapping technique is used to designate areas which have unsuitable
physical and other environmental characteristics using constraints listed above
Place shaded transparencies (or use a Geographical Information System (GIS)
over these low suitability areas on the study area map_ The unshaded area may be
considered generally suitable
(g) Public perception
Public acceptance through awareness and education programmes in the proposed
development project is deemed necessary Potential impacts and process
equipment by providing noise barrieradequate buffer is to be provided for the
welfare of the public
24 Environmental Impact Assessment (EIA)
242 Introduction
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
11
Lawrence (2003) defined ElA as a systematic process of
I Determining and managing (identifying describing measuring predicting
interpreting integrating communicating involving and controlling) the
ii Potential (or reaD impacts (direct and indirect individual and cumulative
likelihood of occurrence) opound
iii Proposed (or existing) human actions (projects plans programs legislation
activities) and their alternatives
IV Environment (physical chemical biological human health cultural social
economic built and interrelations)
ElA is essentially a planning tool for preventing environmental problems due to an
action It encompasses a broad definition of environment of alternatives and of
proposed actions It seeks to avoid costly mistakes in project implementation either
because of the environmental damages that are likely to arise during project
implementation or because of modifications that may be required subsequently in
order to make the action environmentally acceptable Thus the systematic exploration
of interrelationship (eg among environmental components between the proposal and
the environment among alternatives among impacts) is obviously crucial in ElA
242 BriefHistory ofEIA
EIA was first formally established in the USA in 1969 and has since spread in various
forms to most other countries (Glasson et al 1999) The US National Policy Act
(NEPA) 1969 was the first legislation to require ElAs Consequently it has become an
12
important model for EIA systems both because it was a radically new form of
environment policy and because of the success and failures of its subsequent
development
EIA systems are perceived in many ways Some are in the form of mandatory
regulations acts or statues which are generally enforced by the authorities
Preparation of an adequate EIA is required before permission is given for a project to
proceed In other cases EIA systems exist in the form of guidelines which are not
enforceable but generally imposed obligations on the administrating agency Other
legislations allow government officials to require EIAs to be prepared at their
discretion In some cases EIAs are prepared in an ad hoc manner often because
funding bodies requires them (eg World Bank Asia Development Bank) as part of a
funding approval process Some project developers have a policy to conduct EIA as part
of their management-planning tool
243 EIA History in Malaysia
The Environmental Quality Act (EQA) 1974 is a federal act relating to the preventive
abatement control of pollution and enhancement of the environment In the late
eighties four additional sets of regulations were introduced and enforced by the
Department of Environment (DOE) which includes Environmental Quality (Prescribed
Activities)(Environmental Impact Assessment Order) 1987 which concerns the
requirement ofEIA for the prescribed activity This order was enforced on the let April
1988 in aU 13 states
13
In 1993 four DOE States Office (Johor Penang Selangor and Sarawak) was given the
full responsibility to review and decide on all Preliminary EIA reports In 1999 the
decentralization of EIA review process was fully expanded to the rest of the States
office The States DOE approach was to be a one-stop agency to all relevant technical
departments and agencies from Federal and State to provide inputs or comments in the
review of EIA reports (Sentian amp Tuah 2001) DOE is authorized to agree to
environmental issues and mitigating measures addressed in the EIA report by the
project proponent and its EIA consultant Other relevant approving authorities will
oversee other aspects such as planning development licensing and permits before the
project can commence
Sarawak enforced its newly amended Natural Resources and Environment Ordinance
1949 on 1st February 1999 to cover the areas of environmental management of natural
resources A Natural Resources and Environmental Board was established to
administer the Ordinance which include the power to formulate or develop policies and
guidelines to ensure exploitation conservation and management of natural resources in
the state will not cause any adverse impact on the environment (Mamit 1997)
Sarawak EIA Order was enforced on the 1st September 1994 requiring any person to
carry out any prescribed activity to submit an EIA report to the Board
Conservation of Environment Enactment 1996 was created in Sabah It carries the core
function similar to those of Natural Resources Ordinance 1949 (Amended 1993) in
14
Sarawak Under this Enactment the Conservation of Environment (Prescribed
Activity) Order 1999 was made and came into force on 1st September 1999
244 Legislative requirement ofEIA for residential projects in Malaysia
EIA when integrated into the existing planning and decision-making machinery
provides additional information towards better decision-making It has been widely
accepted as a useful and beneficial tool before a decision is made in respect of any
proposed development
(j) Environmental Quality Act 1974 (EQA) and Environmental Quality (Prescribed
Activities)(Environmental Impact Assessment) ltAmendment) Order 1995
In Malaysia EIA is required under section 34A Environmental Quality Act 1974 It
was made mandatory for certain prescribed activities since 1st April 1988 with the
coming force of the Environmental Quality (Prescribed Activities)(Environmental
Impact Assessment) Order 1987
Section 34A of the EQA provides powers to the Minister to prescribe by order any
activity which may give significant environmental impacts as a prescribed activity for
which a report on an assessment of the impact(s) such an activity will have on the
environment be submitted to the Director General of Environmental Quality of
Department of Environment (DOE) for approval The submission of an EIA report for
15
approval by the Director General is a requirement prior to granting of approval by the
relevant project approving authority (ILBS 1994)
The Order listed 19 prescribed activities The following activities in relation to
residential areas are required for submission and approval of EIA report
Item (7) Housing
Housing development covering an area of 50 hectares or more
Item (9) Infrastructure
(a) Construction of hospitals with outfall into beachfronts used for
recreational purpose
(b) Industrial estate development for medium and heavy industries
covering an area of50 hectares or more
(c) Construction ofexpressways
(d) Construction of national highways
(e) Construction of new townships
Furthermore all development carried out on hilly terrain with 26-35 degrees slope are
also 8ubjected to EIA reporting in line with Cabinet directive as detailed in the
Guidelines issued by the Ministry of Natural Resources and Environment (NIlE)
Malaysia
16
ABSTRACT
Sarawak economic is expected to remain robust and dynamic which leads to urban
migration and demands for more residential developments The level and types of impact
from residential projects will vary significantly based on project-to-project basis New
township on virgin sites can be extremely intrusive and have major impacts on natural
resources and the existing natural environment EIA is essentially a planning tool for
preventing environmental problems due to an action It is required under the Sarawak
NREO 1993 Certain criteria on development of residential and commercial areas are
prescribed activities that require ElA implementation However the problems faced by the
authorities and developers may affect the implementation ofElA The study aims at looking
to the perception of the developers authorities as well as the public on implementation of
EIA It involves collation of guidelines on housing developments EIA and EMP reports
literature and other published articles on housing development The study also conducted
interviews with key personnel of the authorities and selected ElA consultants The
developers were concern on the procedural delays and red tape of an ElA approval
Approval from SPA is their major license to project implementation although SPA only
gives approval in principle The authorities need more resources to cater the services as
more development is coming Some of the public are aware of ElA implementation
Respondents would choose price and promotion factor over environmental conditions of the
area Deficiencies in ElA reports can be reduced by giving more stress on important issues
and have sound knowledge on the issues NREB can work more efficiently giving more
publicity to the public and define its roles and functions SPA NREB and Land and Survey
Department working closely in giving approval to development can avoid future difficulties
on the environment
VI
ABSTRAK
Perkernbangan ekonorni di Sarawak dijangkakan akan berkernbang pesat dan dinarnik
lantas rnenjurus kepada rnigrasi penduduk ke kawasan bandar Ini rnenyebabkan
permintaan tinggi untuk perurnahan Tahap dan kesan yang disebabkan oleh pernbangunan
kawasan perurnahan arnatlah berbeza dari satu projek ke projek yang lain Pernbangunan
kawasan bandar baru di kawasan baru boleh rnenyebabkan irnpak yang negatif kepada
surnber alarn sernulajadi dan keadaan asal alarn sernulajadi di kawasan berkenaan EIA
adalah satu kaedah perancangan bagi rnengelakkan kesan alarn sekitar akibat sesuatu
pernbangunan Ia diwajibkan dibawah NREO Sarawak 1993 Beberapa kriteria untuk
pernbangunan kawasan perurnahan dan kornersil rnernerlukan EIA untuk dijalankan
Walaubagairnanapun kekurangan yang perlu dihadapi oleh pihak pengusaha dan
penguatkuasa boleh rnengganggu proses EIA Kajian ini bertujuan rnenilai persepsi dan
pandangan pihak pengusaha penguatkuasa dan juga orang awarn rnengenai perlaksanaan
EIA Kajian ini rnelibatkan penilaian garis panduan untuk pernbangunan kawasan
perurnahan laporan EIA dan EMP serta artikel-artikel rnengenai pernbangunan kawasan
perurnahan Sesi ternuduga dengan pegawai kerajaan yang berkaitan pengusaha dan
jururunding EIA juga dijalankan Pengusaha rnenyatakan bahawa isu penangguhan
kelulusan EIA dan proses yang perlu rnelalui banyak prosedur rnengganggu kelancaran
projek pernbangunan Bagi rnereka kelulusan dari SPA adalah lesen paling utarna
walaupun SPA hanya rnernberi kelulusan dari segi prinsipal sahaja Pihak penguatkuasa
rnernerlukan lebih banyak kakitangan dan kernudahan kerana pernbangunan yang pesat
Sebilangan orang awarn sedar akan kewujudan EIA Orang awarn lebih rnernilih harga dan
prornosi berbanding keadaan alarn sekitar di sekililing rurnah Kekurangan dalarn laporan
EIA boleh diatasi dengan rnernberi turnpuan kepada isu yang lebih penting dan
rnernpertingkatkan ilrnu dan kernahiran dalarn isu-isu berkenaan NREB boleh bertindak
dengan lebih berkesan dengan rnernberikan lebih banyak publisiti dan rnenerangkan
mengenai fungsi badan berkenaan SPA NREB dan Jabatan Tanah dan Ukur perlu
berkerjasama dalam rnernberikan kelulusan terhadap sesuatu projek untuk mengelakkan
rna salah di rnasa akan datang
Vll
CHAPTER 1
INTRODUCTION
11 Background
Sarawak has a population of 2176800 The capital city of Kuching has some 458300
people making it the highest populated city in Sarawak and the seventh highest
populated city in Malaysia (Sarawak Online)
The global economic environment in Sarawak is expected to remain robust and
dynamic right up to the next decade with both the industrial and developing countries
anticipated maintaining sustainable output growth Global trade is predicted to expand
by about 8 The availability of vast competitively priced land and rich reserves of
natural resources has made Sarawak an attractive choice for manufacturing operations
among investors This leads to ongoing demand fur additional housing and an ongoing
need fur additional sites fur this purpose According to Phillips (1997) the urban areas
in Sarawak particularly the Kuching and Sibu divisions are developing rapidly due to
the ruralurban migration and intense business development
12 Demand for housing in Sarawak
The success of the Governments housing strategies in human settlements can be seen
from the construction of over 850000 houses between 1996-2000 and 615000 houses
from 2001-2005 (Rahman 2005) The government has also introduced the Integrated
Peoples Housing Programme to resettle squatters into new housing areas with all
1
basic amenities The Programme is well on track in meeting the 0 squatters target by
the end of 2005
The vast acreage ofland required will inevitably result in significant impacts and
environmental considerations must be incorporated in the approval process for new
housing development process
13 Environmental Impacts of Residential Projects
The level and types of impact from residential projects will vary significantly based on
project-to-project basis New township on virgin sites can be extremely intrusive and
have major impacts on natural resources and the existing natural environment
However many new housing projects will be proposed in existing urbanized area on
land already zoned for residential use As such there will be little impact on natural
resources and no consideration on alternative sites Thus the project may only have to
be considered in terms of design and the more immediate construction and operating
impacts
The adverse environmental impacts of housing projects can occur at regional local and
site scales (Pakistan Environmental Agency 1997) Direct impacts are mainly physical
on the site development construction and operation of a project Indirect impacts are
experienced offsite and are more difficult to quantify in large housing projects indirect
impacts can be very significant These are often overlooked or ignored in impact
evaluation and mitigation
2
14 Problem statements
Rational of the study are stated as follow
(j) EIA and Existing Policy
Sarawak is the first state to enact its own law on environmental protection and
natural resource management EIA study is required under Section 11 (N
Natural Resources and Environmental Ordinance (NREO) (Chapter 84 Laws of
Sarawak) It is necessary for Prescribed Activities or development activities
which are having impacts to the environment
Under the First Schedule Prescribed Activities ltArticle 2 3 and 6) development
ofcommercial industrial and housing estates includes the following conditions
i Development of commercial or housing estates of an area exceeding 10
hectares
ll Development of industrial estates with factories to accommodate medium
or heavy industries
lll Conversion of mangrove swamps into industrial commercial or housing
estate exceeding 10 hectares in area
iv Reclamation of land whether by the sea or along river banks for housing
commercial or industrial estates
Then the EIA report is to be submitted to the Natural Resources and
Environment Board Sarawak (NREB) for approvaL If the report is found
satisfactory NREB will give permission in writing for such development activities
3
to be undertaken or commenced and the project developer is obliged to undertake
in writing the orders and directives of the NREB Therefore serious consideration
as well as thorough-planning needs to be taken for development projects
especially on difficult and expensive-management-practices areas such as
peatland
(ji) Shortfalls ofthe EIA system in Sarawak
Relevant critical issues are usually ignored as the issues depend on the ability of
the EIA team to address them where good field survey literature review
consultation with relevant authorities as well as discussion with local people of
the affected project area are required These information would hold strongly
with the abatement and mitigating measures as an integral part of the EIA
report
Guidelines on EIA study for residential areas are quite general and have rooms
for improvement In addition EIA is only a project based without looking into
cumulative impacts of the study Good guidelines and better understanding of the
purpose of EIA could make a clear view for the developers and the public on EIA
implementation The developers as well as the public could appreciate the
implementation of EIA as well as experiencing sustainable development
4
PoSIt lCflimat Mklumllt Akldemik UNtVEkStTt MALAYStA SAIlAWAK
(ill) Rapid development ofresidential projects
Agriculture and urbanization in major towns in Sarawak are encroaching into
peatland areas This situation is mainly because of the increasing shortages of
good agricultural land for further development the flat topography and its
occurrence close to the population centres and existing cropped areas (Tek et aI
2001)
The project has to be designed to suit the local environment to be likely completed
in time and within budget as well as avoiding difficulties along the way It has to
also conserve the natural resources it relies upon will continue to sustain by the
environment in near future A project has to yield its benefits without causing
serious environmental problems Furthermore it will bring credit and recognition
to the project proponent
15 Objectives of the Study
The overall objective of the study is to determine the perception of the concerned
parties on the implementation of EIA for residential projects in Sarawak Such
perception will indeed determine the sensitivity of these parties on the need of EIA
process as an environmental management tooL
The specific objectives are as follows
1 Determine the perception of developers authorities and the public on
implementation of EIA for residential areas
5
ii Determine effectiveness of EIA process as an environmental management tool
by reviewing issues commonly raised during EIA study
iii Examine and review the overall legislation requirements as well as
management practices for implementation of EIA on residential projects
IV Formulate or suggest needs to enhance the process to ensure environmental
8ustainability
6
21
CHAPTER 2
LITERATURE REVIEW
Definition ofHousing Development
From a housing developers perspective a house is a product which the housing
developer is authorised to sell (subject to such constraints imposed upon the housing
developer by the Housing Development (Control amp Licensing) Act 1966 as recently
amended 1st December 2002 and the Regulations made there under to any intending
and willing purchase at the price stipulated in the sales brochures However this
product need not be in existence when the sale and purchase agreement is signed but
must be completed and fit for occupancy when the final purchase price is paid
Under Section 3 of the Housing Development (Control amp Licensing) Act 1966 (effective
1st December 2002) the term housing development has been defined to mean the
construction of more than four units of housing accommodation for sale to the public
It also includes the sale of more than four units of housing lots by a landowner with a
view of constructing houses thereon by the same landowner or by his nominee The
term housing lots has been defined as any piece of land surveyed or otherwise to
which a lot number has been assigned to it and which is subject to the category of
building in accordance with the National Land Code 1965
7
22 Site Selection and Project Options
The consideration of alternatives in project planning is one of the most notable
preventative or mitigation measures for many housing projects Site selection will
determine the type and magnitude of environmental and social impacts resulting from
the development of housing and township areas
The location of new housing and township projects may cause public reaction It may be
a positive perception for development However it may be a concern particularly if the
facilities are visually obstructive and involve major environmental issues The impacts
will be utmost where the location is close either to the existing population or to unspoilt
natural areas Improper project selection or location can lead to significant socioshy
economic andor environment impacts that can result in the rejection of planning
permission
EIA study must provide justification for the project the project components layout
planning and the site selection Environmental considerations must be considered
alongside economic and engineering considerations
23 Identification of suitable sites and screening for housing and new
township development projects
Identification of a large study area and identification of suitable area through
elimination of unsuitable areas is called constraints mapping It is usually necessary
for large-scale housing and new township projects not attached to a specific location
8
(a) Determine site requirements
Determine the size of the project including any potential expansion of the project
in the future Access routes to the area such as road and highway interchange as
well as utilities for the proposed project site should also be determined
(b) Determine extent of study area
Determine the maximum radius of the study area based on the economic
feasibility of delivery distances from construction material sources and waste
disposal sites
(c) Determine regulatory constraints to project
Project proponent shall verify if the proposed project is classified under low costs
mediumcosts high costs or special and any regulatory constraints to project
based on the housing classification
Buffer zone should be established and the site should be able to accommodate
buffer zones with respect to air water and noise pollution and solid and toxic
waste problems Control problems will be expected in many cases and landscaping
can provide barriers to neighbours and improve aesthetics values
(d) Determine environment constraints
9
Verify if the area has incompatible past current zoned or potential uses as urban
areas areas of incompatible housing classification areas of high amenity value
(tourism potential gazetted beaches national parks and marine parks) area of
special scientific interest high ecological and scientific values or aesthetic values
It should also avoid unsuited areas to receive pollution loads air sheds and water
catchments areas as well as areas of national mineral reserves
Unique habitat areas should be avoided Siting the development area near or
ecologically or environmentally sensitive habitats (eg mangroves estuaries
wetlands coral reefs) can cause irreversible damage to these habitats and are I
costly to develop
I
(e) Determine engineering and economic constraints
The housing and new townships development should have due regard for their
potential to contaminate cause man-induced geo-hazards such as slope failures
and flooding
Areas that require excessive investment in infrastructure such as distance from
existing roads difficulties in access expensive or difficult site formation is
deeming constraints to a development Minimise earthworks by taking advantage
of natural contours
(D Establish suitable areas
10
Establish areas zoned for Prescribed Activity if any such as slope area or water
catchments areas Areas of cultural natural heritage and unique or important
archaeological historical or cultural interest site of special scientific interest
should be avoided
Constraint mapping technique is used to designate areas which have unsuitable
physical and other environmental characteristics using constraints listed above
Place shaded transparencies (or use a Geographical Information System (GIS)
over these low suitability areas on the study area map_ The unshaded area may be
considered generally suitable
(g) Public perception
Public acceptance through awareness and education programmes in the proposed
development project is deemed necessary Potential impacts and process
equipment by providing noise barrieradequate buffer is to be provided for the
welfare of the public
24 Environmental Impact Assessment (EIA)
242 Introduction
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
11
Lawrence (2003) defined ElA as a systematic process of
I Determining and managing (identifying describing measuring predicting
interpreting integrating communicating involving and controlling) the
ii Potential (or reaD impacts (direct and indirect individual and cumulative
likelihood of occurrence) opound
iii Proposed (or existing) human actions (projects plans programs legislation
activities) and their alternatives
IV Environment (physical chemical biological human health cultural social
economic built and interrelations)
ElA is essentially a planning tool for preventing environmental problems due to an
action It encompasses a broad definition of environment of alternatives and of
proposed actions It seeks to avoid costly mistakes in project implementation either
because of the environmental damages that are likely to arise during project
implementation or because of modifications that may be required subsequently in
order to make the action environmentally acceptable Thus the systematic exploration
of interrelationship (eg among environmental components between the proposal and
the environment among alternatives among impacts) is obviously crucial in ElA
242 BriefHistory ofEIA
EIA was first formally established in the USA in 1969 and has since spread in various
forms to most other countries (Glasson et al 1999) The US National Policy Act
(NEPA) 1969 was the first legislation to require ElAs Consequently it has become an
12
important model for EIA systems both because it was a radically new form of
environment policy and because of the success and failures of its subsequent
development
EIA systems are perceived in many ways Some are in the form of mandatory
regulations acts or statues which are generally enforced by the authorities
Preparation of an adequate EIA is required before permission is given for a project to
proceed In other cases EIA systems exist in the form of guidelines which are not
enforceable but generally imposed obligations on the administrating agency Other
legislations allow government officials to require EIAs to be prepared at their
discretion In some cases EIAs are prepared in an ad hoc manner often because
funding bodies requires them (eg World Bank Asia Development Bank) as part of a
funding approval process Some project developers have a policy to conduct EIA as part
of their management-planning tool
243 EIA History in Malaysia
The Environmental Quality Act (EQA) 1974 is a federal act relating to the preventive
abatement control of pollution and enhancement of the environment In the late
eighties four additional sets of regulations were introduced and enforced by the
Department of Environment (DOE) which includes Environmental Quality (Prescribed
Activities)(Environmental Impact Assessment Order) 1987 which concerns the
requirement ofEIA for the prescribed activity This order was enforced on the let April
1988 in aU 13 states
13
In 1993 four DOE States Office (Johor Penang Selangor and Sarawak) was given the
full responsibility to review and decide on all Preliminary EIA reports In 1999 the
decentralization of EIA review process was fully expanded to the rest of the States
office The States DOE approach was to be a one-stop agency to all relevant technical
departments and agencies from Federal and State to provide inputs or comments in the
review of EIA reports (Sentian amp Tuah 2001) DOE is authorized to agree to
environmental issues and mitigating measures addressed in the EIA report by the
project proponent and its EIA consultant Other relevant approving authorities will
oversee other aspects such as planning development licensing and permits before the
project can commence
Sarawak enforced its newly amended Natural Resources and Environment Ordinance
1949 on 1st February 1999 to cover the areas of environmental management of natural
resources A Natural Resources and Environmental Board was established to
administer the Ordinance which include the power to formulate or develop policies and
guidelines to ensure exploitation conservation and management of natural resources in
the state will not cause any adverse impact on the environment (Mamit 1997)
Sarawak EIA Order was enforced on the 1st September 1994 requiring any person to
carry out any prescribed activity to submit an EIA report to the Board
Conservation of Environment Enactment 1996 was created in Sabah It carries the core
function similar to those of Natural Resources Ordinance 1949 (Amended 1993) in
14
Sarawak Under this Enactment the Conservation of Environment (Prescribed
Activity) Order 1999 was made and came into force on 1st September 1999
244 Legislative requirement ofEIA for residential projects in Malaysia
EIA when integrated into the existing planning and decision-making machinery
provides additional information towards better decision-making It has been widely
accepted as a useful and beneficial tool before a decision is made in respect of any
proposed development
(j) Environmental Quality Act 1974 (EQA) and Environmental Quality (Prescribed
Activities)(Environmental Impact Assessment) ltAmendment) Order 1995
In Malaysia EIA is required under section 34A Environmental Quality Act 1974 It
was made mandatory for certain prescribed activities since 1st April 1988 with the
coming force of the Environmental Quality (Prescribed Activities)(Environmental
Impact Assessment) Order 1987
Section 34A of the EQA provides powers to the Minister to prescribe by order any
activity which may give significant environmental impacts as a prescribed activity for
which a report on an assessment of the impact(s) such an activity will have on the
environment be submitted to the Director General of Environmental Quality of
Department of Environment (DOE) for approval The submission of an EIA report for
15
approval by the Director General is a requirement prior to granting of approval by the
relevant project approving authority (ILBS 1994)
The Order listed 19 prescribed activities The following activities in relation to
residential areas are required for submission and approval of EIA report
Item (7) Housing
Housing development covering an area of 50 hectares or more
Item (9) Infrastructure
(a) Construction of hospitals with outfall into beachfronts used for
recreational purpose
(b) Industrial estate development for medium and heavy industries
covering an area of50 hectares or more
(c) Construction ofexpressways
(d) Construction of national highways
(e) Construction of new townships
Furthermore all development carried out on hilly terrain with 26-35 degrees slope are
also 8ubjected to EIA reporting in line with Cabinet directive as detailed in the
Guidelines issued by the Ministry of Natural Resources and Environment (NIlE)
Malaysia
16
ABSTRAK
Perkernbangan ekonorni di Sarawak dijangkakan akan berkernbang pesat dan dinarnik
lantas rnenjurus kepada rnigrasi penduduk ke kawasan bandar Ini rnenyebabkan
permintaan tinggi untuk perurnahan Tahap dan kesan yang disebabkan oleh pernbangunan
kawasan perurnahan arnatlah berbeza dari satu projek ke projek yang lain Pernbangunan
kawasan bandar baru di kawasan baru boleh rnenyebabkan irnpak yang negatif kepada
surnber alarn sernulajadi dan keadaan asal alarn sernulajadi di kawasan berkenaan EIA
adalah satu kaedah perancangan bagi rnengelakkan kesan alarn sekitar akibat sesuatu
pernbangunan Ia diwajibkan dibawah NREO Sarawak 1993 Beberapa kriteria untuk
pernbangunan kawasan perurnahan dan kornersil rnernerlukan EIA untuk dijalankan
Walaubagairnanapun kekurangan yang perlu dihadapi oleh pihak pengusaha dan
penguatkuasa boleh rnengganggu proses EIA Kajian ini bertujuan rnenilai persepsi dan
pandangan pihak pengusaha penguatkuasa dan juga orang awarn rnengenai perlaksanaan
EIA Kajian ini rnelibatkan penilaian garis panduan untuk pernbangunan kawasan
perurnahan laporan EIA dan EMP serta artikel-artikel rnengenai pernbangunan kawasan
perurnahan Sesi ternuduga dengan pegawai kerajaan yang berkaitan pengusaha dan
jururunding EIA juga dijalankan Pengusaha rnenyatakan bahawa isu penangguhan
kelulusan EIA dan proses yang perlu rnelalui banyak prosedur rnengganggu kelancaran
projek pernbangunan Bagi rnereka kelulusan dari SPA adalah lesen paling utarna
walaupun SPA hanya rnernberi kelulusan dari segi prinsipal sahaja Pihak penguatkuasa
rnernerlukan lebih banyak kakitangan dan kernudahan kerana pernbangunan yang pesat
Sebilangan orang awarn sedar akan kewujudan EIA Orang awarn lebih rnernilih harga dan
prornosi berbanding keadaan alarn sekitar di sekililing rurnah Kekurangan dalarn laporan
EIA boleh diatasi dengan rnernberi turnpuan kepada isu yang lebih penting dan
rnernpertingkatkan ilrnu dan kernahiran dalarn isu-isu berkenaan NREB boleh bertindak
dengan lebih berkesan dengan rnernberikan lebih banyak publisiti dan rnenerangkan
mengenai fungsi badan berkenaan SPA NREB dan Jabatan Tanah dan Ukur perlu
berkerjasama dalam rnernberikan kelulusan terhadap sesuatu projek untuk mengelakkan
rna salah di rnasa akan datang
Vll
CHAPTER 1
INTRODUCTION
11 Background
Sarawak has a population of 2176800 The capital city of Kuching has some 458300
people making it the highest populated city in Sarawak and the seventh highest
populated city in Malaysia (Sarawak Online)
The global economic environment in Sarawak is expected to remain robust and
dynamic right up to the next decade with both the industrial and developing countries
anticipated maintaining sustainable output growth Global trade is predicted to expand
by about 8 The availability of vast competitively priced land and rich reserves of
natural resources has made Sarawak an attractive choice for manufacturing operations
among investors This leads to ongoing demand fur additional housing and an ongoing
need fur additional sites fur this purpose According to Phillips (1997) the urban areas
in Sarawak particularly the Kuching and Sibu divisions are developing rapidly due to
the ruralurban migration and intense business development
12 Demand for housing in Sarawak
The success of the Governments housing strategies in human settlements can be seen
from the construction of over 850000 houses between 1996-2000 and 615000 houses
from 2001-2005 (Rahman 2005) The government has also introduced the Integrated
Peoples Housing Programme to resettle squatters into new housing areas with all
1
basic amenities The Programme is well on track in meeting the 0 squatters target by
the end of 2005
The vast acreage ofland required will inevitably result in significant impacts and
environmental considerations must be incorporated in the approval process for new
housing development process
13 Environmental Impacts of Residential Projects
The level and types of impact from residential projects will vary significantly based on
project-to-project basis New township on virgin sites can be extremely intrusive and
have major impacts on natural resources and the existing natural environment
However many new housing projects will be proposed in existing urbanized area on
land already zoned for residential use As such there will be little impact on natural
resources and no consideration on alternative sites Thus the project may only have to
be considered in terms of design and the more immediate construction and operating
impacts
The adverse environmental impacts of housing projects can occur at regional local and
site scales (Pakistan Environmental Agency 1997) Direct impacts are mainly physical
on the site development construction and operation of a project Indirect impacts are
experienced offsite and are more difficult to quantify in large housing projects indirect
impacts can be very significant These are often overlooked or ignored in impact
evaluation and mitigation
2
14 Problem statements
Rational of the study are stated as follow
(j) EIA and Existing Policy
Sarawak is the first state to enact its own law on environmental protection and
natural resource management EIA study is required under Section 11 (N
Natural Resources and Environmental Ordinance (NREO) (Chapter 84 Laws of
Sarawak) It is necessary for Prescribed Activities or development activities
which are having impacts to the environment
Under the First Schedule Prescribed Activities ltArticle 2 3 and 6) development
ofcommercial industrial and housing estates includes the following conditions
i Development of commercial or housing estates of an area exceeding 10
hectares
ll Development of industrial estates with factories to accommodate medium
or heavy industries
lll Conversion of mangrove swamps into industrial commercial or housing
estate exceeding 10 hectares in area
iv Reclamation of land whether by the sea or along river banks for housing
commercial or industrial estates
Then the EIA report is to be submitted to the Natural Resources and
Environment Board Sarawak (NREB) for approvaL If the report is found
satisfactory NREB will give permission in writing for such development activities
3
to be undertaken or commenced and the project developer is obliged to undertake
in writing the orders and directives of the NREB Therefore serious consideration
as well as thorough-planning needs to be taken for development projects
especially on difficult and expensive-management-practices areas such as
peatland
(ji) Shortfalls ofthe EIA system in Sarawak
Relevant critical issues are usually ignored as the issues depend on the ability of
the EIA team to address them where good field survey literature review
consultation with relevant authorities as well as discussion with local people of
the affected project area are required These information would hold strongly
with the abatement and mitigating measures as an integral part of the EIA
report
Guidelines on EIA study for residential areas are quite general and have rooms
for improvement In addition EIA is only a project based without looking into
cumulative impacts of the study Good guidelines and better understanding of the
purpose of EIA could make a clear view for the developers and the public on EIA
implementation The developers as well as the public could appreciate the
implementation of EIA as well as experiencing sustainable development
4
PoSIt lCflimat Mklumllt Akldemik UNtVEkStTt MALAYStA SAIlAWAK
(ill) Rapid development ofresidential projects
Agriculture and urbanization in major towns in Sarawak are encroaching into
peatland areas This situation is mainly because of the increasing shortages of
good agricultural land for further development the flat topography and its
occurrence close to the population centres and existing cropped areas (Tek et aI
2001)
The project has to be designed to suit the local environment to be likely completed
in time and within budget as well as avoiding difficulties along the way It has to
also conserve the natural resources it relies upon will continue to sustain by the
environment in near future A project has to yield its benefits without causing
serious environmental problems Furthermore it will bring credit and recognition
to the project proponent
15 Objectives of the Study
The overall objective of the study is to determine the perception of the concerned
parties on the implementation of EIA for residential projects in Sarawak Such
perception will indeed determine the sensitivity of these parties on the need of EIA
process as an environmental management tooL
The specific objectives are as follows
1 Determine the perception of developers authorities and the public on
implementation of EIA for residential areas
5
ii Determine effectiveness of EIA process as an environmental management tool
by reviewing issues commonly raised during EIA study
iii Examine and review the overall legislation requirements as well as
management practices for implementation of EIA on residential projects
IV Formulate or suggest needs to enhance the process to ensure environmental
8ustainability
6
21
CHAPTER 2
LITERATURE REVIEW
Definition ofHousing Development
From a housing developers perspective a house is a product which the housing
developer is authorised to sell (subject to such constraints imposed upon the housing
developer by the Housing Development (Control amp Licensing) Act 1966 as recently
amended 1st December 2002 and the Regulations made there under to any intending
and willing purchase at the price stipulated in the sales brochures However this
product need not be in existence when the sale and purchase agreement is signed but
must be completed and fit for occupancy when the final purchase price is paid
Under Section 3 of the Housing Development (Control amp Licensing) Act 1966 (effective
1st December 2002) the term housing development has been defined to mean the
construction of more than four units of housing accommodation for sale to the public
It also includes the sale of more than four units of housing lots by a landowner with a
view of constructing houses thereon by the same landowner or by his nominee The
term housing lots has been defined as any piece of land surveyed or otherwise to
which a lot number has been assigned to it and which is subject to the category of
building in accordance with the National Land Code 1965
7
22 Site Selection and Project Options
The consideration of alternatives in project planning is one of the most notable
preventative or mitigation measures for many housing projects Site selection will
determine the type and magnitude of environmental and social impacts resulting from
the development of housing and township areas
The location of new housing and township projects may cause public reaction It may be
a positive perception for development However it may be a concern particularly if the
facilities are visually obstructive and involve major environmental issues The impacts
will be utmost where the location is close either to the existing population or to unspoilt
natural areas Improper project selection or location can lead to significant socioshy
economic andor environment impacts that can result in the rejection of planning
permission
EIA study must provide justification for the project the project components layout
planning and the site selection Environmental considerations must be considered
alongside economic and engineering considerations
23 Identification of suitable sites and screening for housing and new
township development projects
Identification of a large study area and identification of suitable area through
elimination of unsuitable areas is called constraints mapping It is usually necessary
for large-scale housing and new township projects not attached to a specific location
8
(a) Determine site requirements
Determine the size of the project including any potential expansion of the project
in the future Access routes to the area such as road and highway interchange as
well as utilities for the proposed project site should also be determined
(b) Determine extent of study area
Determine the maximum radius of the study area based on the economic
feasibility of delivery distances from construction material sources and waste
disposal sites
(c) Determine regulatory constraints to project
Project proponent shall verify if the proposed project is classified under low costs
mediumcosts high costs or special and any regulatory constraints to project
based on the housing classification
Buffer zone should be established and the site should be able to accommodate
buffer zones with respect to air water and noise pollution and solid and toxic
waste problems Control problems will be expected in many cases and landscaping
can provide barriers to neighbours and improve aesthetics values
(d) Determine environment constraints
9
Verify if the area has incompatible past current zoned or potential uses as urban
areas areas of incompatible housing classification areas of high amenity value
(tourism potential gazetted beaches national parks and marine parks) area of
special scientific interest high ecological and scientific values or aesthetic values
It should also avoid unsuited areas to receive pollution loads air sheds and water
catchments areas as well as areas of national mineral reserves
Unique habitat areas should be avoided Siting the development area near or
ecologically or environmentally sensitive habitats (eg mangroves estuaries
wetlands coral reefs) can cause irreversible damage to these habitats and are I
costly to develop
I
(e) Determine engineering and economic constraints
The housing and new townships development should have due regard for their
potential to contaminate cause man-induced geo-hazards such as slope failures
and flooding
Areas that require excessive investment in infrastructure such as distance from
existing roads difficulties in access expensive or difficult site formation is
deeming constraints to a development Minimise earthworks by taking advantage
of natural contours
(D Establish suitable areas
10
Establish areas zoned for Prescribed Activity if any such as slope area or water
catchments areas Areas of cultural natural heritage and unique or important
archaeological historical or cultural interest site of special scientific interest
should be avoided
Constraint mapping technique is used to designate areas which have unsuitable
physical and other environmental characteristics using constraints listed above
Place shaded transparencies (or use a Geographical Information System (GIS)
over these low suitability areas on the study area map_ The unshaded area may be
considered generally suitable
(g) Public perception
Public acceptance through awareness and education programmes in the proposed
development project is deemed necessary Potential impacts and process
equipment by providing noise barrieradequate buffer is to be provided for the
welfare of the public
24 Environmental Impact Assessment (EIA)
242 Introduction
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
11
Lawrence (2003) defined ElA as a systematic process of
I Determining and managing (identifying describing measuring predicting
interpreting integrating communicating involving and controlling) the
ii Potential (or reaD impacts (direct and indirect individual and cumulative
likelihood of occurrence) opound
iii Proposed (or existing) human actions (projects plans programs legislation
activities) and their alternatives
IV Environment (physical chemical biological human health cultural social
economic built and interrelations)
ElA is essentially a planning tool for preventing environmental problems due to an
action It encompasses a broad definition of environment of alternatives and of
proposed actions It seeks to avoid costly mistakes in project implementation either
because of the environmental damages that are likely to arise during project
implementation or because of modifications that may be required subsequently in
order to make the action environmentally acceptable Thus the systematic exploration
of interrelationship (eg among environmental components between the proposal and
the environment among alternatives among impacts) is obviously crucial in ElA
242 BriefHistory ofEIA
EIA was first formally established in the USA in 1969 and has since spread in various
forms to most other countries (Glasson et al 1999) The US National Policy Act
(NEPA) 1969 was the first legislation to require ElAs Consequently it has become an
12
important model for EIA systems both because it was a radically new form of
environment policy and because of the success and failures of its subsequent
development
EIA systems are perceived in many ways Some are in the form of mandatory
regulations acts or statues which are generally enforced by the authorities
Preparation of an adequate EIA is required before permission is given for a project to
proceed In other cases EIA systems exist in the form of guidelines which are not
enforceable but generally imposed obligations on the administrating agency Other
legislations allow government officials to require EIAs to be prepared at their
discretion In some cases EIAs are prepared in an ad hoc manner often because
funding bodies requires them (eg World Bank Asia Development Bank) as part of a
funding approval process Some project developers have a policy to conduct EIA as part
of their management-planning tool
243 EIA History in Malaysia
The Environmental Quality Act (EQA) 1974 is a federal act relating to the preventive
abatement control of pollution and enhancement of the environment In the late
eighties four additional sets of regulations were introduced and enforced by the
Department of Environment (DOE) which includes Environmental Quality (Prescribed
Activities)(Environmental Impact Assessment Order) 1987 which concerns the
requirement ofEIA for the prescribed activity This order was enforced on the let April
1988 in aU 13 states
13
In 1993 four DOE States Office (Johor Penang Selangor and Sarawak) was given the
full responsibility to review and decide on all Preliminary EIA reports In 1999 the
decentralization of EIA review process was fully expanded to the rest of the States
office The States DOE approach was to be a one-stop agency to all relevant technical
departments and agencies from Federal and State to provide inputs or comments in the
review of EIA reports (Sentian amp Tuah 2001) DOE is authorized to agree to
environmental issues and mitigating measures addressed in the EIA report by the
project proponent and its EIA consultant Other relevant approving authorities will
oversee other aspects such as planning development licensing and permits before the
project can commence
Sarawak enforced its newly amended Natural Resources and Environment Ordinance
1949 on 1st February 1999 to cover the areas of environmental management of natural
resources A Natural Resources and Environmental Board was established to
administer the Ordinance which include the power to formulate or develop policies and
guidelines to ensure exploitation conservation and management of natural resources in
the state will not cause any adverse impact on the environment (Mamit 1997)
Sarawak EIA Order was enforced on the 1st September 1994 requiring any person to
carry out any prescribed activity to submit an EIA report to the Board
Conservation of Environment Enactment 1996 was created in Sabah It carries the core
function similar to those of Natural Resources Ordinance 1949 (Amended 1993) in
14
Sarawak Under this Enactment the Conservation of Environment (Prescribed
Activity) Order 1999 was made and came into force on 1st September 1999
244 Legislative requirement ofEIA for residential projects in Malaysia
EIA when integrated into the existing planning and decision-making machinery
provides additional information towards better decision-making It has been widely
accepted as a useful and beneficial tool before a decision is made in respect of any
proposed development
(j) Environmental Quality Act 1974 (EQA) and Environmental Quality (Prescribed
Activities)(Environmental Impact Assessment) ltAmendment) Order 1995
In Malaysia EIA is required under section 34A Environmental Quality Act 1974 It
was made mandatory for certain prescribed activities since 1st April 1988 with the
coming force of the Environmental Quality (Prescribed Activities)(Environmental
Impact Assessment) Order 1987
Section 34A of the EQA provides powers to the Minister to prescribe by order any
activity which may give significant environmental impacts as a prescribed activity for
which a report on an assessment of the impact(s) such an activity will have on the
environment be submitted to the Director General of Environmental Quality of
Department of Environment (DOE) for approval The submission of an EIA report for
15
approval by the Director General is a requirement prior to granting of approval by the
relevant project approving authority (ILBS 1994)
The Order listed 19 prescribed activities The following activities in relation to
residential areas are required for submission and approval of EIA report
Item (7) Housing
Housing development covering an area of 50 hectares or more
Item (9) Infrastructure
(a) Construction of hospitals with outfall into beachfronts used for
recreational purpose
(b) Industrial estate development for medium and heavy industries
covering an area of50 hectares or more
(c) Construction ofexpressways
(d) Construction of national highways
(e) Construction of new townships
Furthermore all development carried out on hilly terrain with 26-35 degrees slope are
also 8ubjected to EIA reporting in line with Cabinet directive as detailed in the
Guidelines issued by the Ministry of Natural Resources and Environment (NIlE)
Malaysia
16
CHAPTER 1
INTRODUCTION
11 Background
Sarawak has a population of 2176800 The capital city of Kuching has some 458300
people making it the highest populated city in Sarawak and the seventh highest
populated city in Malaysia (Sarawak Online)
The global economic environment in Sarawak is expected to remain robust and
dynamic right up to the next decade with both the industrial and developing countries
anticipated maintaining sustainable output growth Global trade is predicted to expand
by about 8 The availability of vast competitively priced land and rich reserves of
natural resources has made Sarawak an attractive choice for manufacturing operations
among investors This leads to ongoing demand fur additional housing and an ongoing
need fur additional sites fur this purpose According to Phillips (1997) the urban areas
in Sarawak particularly the Kuching and Sibu divisions are developing rapidly due to
the ruralurban migration and intense business development
12 Demand for housing in Sarawak
The success of the Governments housing strategies in human settlements can be seen
from the construction of over 850000 houses between 1996-2000 and 615000 houses
from 2001-2005 (Rahman 2005) The government has also introduced the Integrated
Peoples Housing Programme to resettle squatters into new housing areas with all
1
basic amenities The Programme is well on track in meeting the 0 squatters target by
the end of 2005
The vast acreage ofland required will inevitably result in significant impacts and
environmental considerations must be incorporated in the approval process for new
housing development process
13 Environmental Impacts of Residential Projects
The level and types of impact from residential projects will vary significantly based on
project-to-project basis New township on virgin sites can be extremely intrusive and
have major impacts on natural resources and the existing natural environment
However many new housing projects will be proposed in existing urbanized area on
land already zoned for residential use As such there will be little impact on natural
resources and no consideration on alternative sites Thus the project may only have to
be considered in terms of design and the more immediate construction and operating
impacts
The adverse environmental impacts of housing projects can occur at regional local and
site scales (Pakistan Environmental Agency 1997) Direct impacts are mainly physical
on the site development construction and operation of a project Indirect impacts are
experienced offsite and are more difficult to quantify in large housing projects indirect
impacts can be very significant These are often overlooked or ignored in impact
evaluation and mitigation
2
14 Problem statements
Rational of the study are stated as follow
(j) EIA and Existing Policy
Sarawak is the first state to enact its own law on environmental protection and
natural resource management EIA study is required under Section 11 (N
Natural Resources and Environmental Ordinance (NREO) (Chapter 84 Laws of
Sarawak) It is necessary for Prescribed Activities or development activities
which are having impacts to the environment
Under the First Schedule Prescribed Activities ltArticle 2 3 and 6) development
ofcommercial industrial and housing estates includes the following conditions
i Development of commercial or housing estates of an area exceeding 10
hectares
ll Development of industrial estates with factories to accommodate medium
or heavy industries
lll Conversion of mangrove swamps into industrial commercial or housing
estate exceeding 10 hectares in area
iv Reclamation of land whether by the sea or along river banks for housing
commercial or industrial estates
Then the EIA report is to be submitted to the Natural Resources and
Environment Board Sarawak (NREB) for approvaL If the report is found
satisfactory NREB will give permission in writing for such development activities
3
to be undertaken or commenced and the project developer is obliged to undertake
in writing the orders and directives of the NREB Therefore serious consideration
as well as thorough-planning needs to be taken for development projects
especially on difficult and expensive-management-practices areas such as
peatland
(ji) Shortfalls ofthe EIA system in Sarawak
Relevant critical issues are usually ignored as the issues depend on the ability of
the EIA team to address them where good field survey literature review
consultation with relevant authorities as well as discussion with local people of
the affected project area are required These information would hold strongly
with the abatement and mitigating measures as an integral part of the EIA
report
Guidelines on EIA study for residential areas are quite general and have rooms
for improvement In addition EIA is only a project based without looking into
cumulative impacts of the study Good guidelines and better understanding of the
purpose of EIA could make a clear view for the developers and the public on EIA
implementation The developers as well as the public could appreciate the
implementation of EIA as well as experiencing sustainable development
4
PoSIt lCflimat Mklumllt Akldemik UNtVEkStTt MALAYStA SAIlAWAK
(ill) Rapid development ofresidential projects
Agriculture and urbanization in major towns in Sarawak are encroaching into
peatland areas This situation is mainly because of the increasing shortages of
good agricultural land for further development the flat topography and its
occurrence close to the population centres and existing cropped areas (Tek et aI
2001)
The project has to be designed to suit the local environment to be likely completed
in time and within budget as well as avoiding difficulties along the way It has to
also conserve the natural resources it relies upon will continue to sustain by the
environment in near future A project has to yield its benefits without causing
serious environmental problems Furthermore it will bring credit and recognition
to the project proponent
15 Objectives of the Study
The overall objective of the study is to determine the perception of the concerned
parties on the implementation of EIA for residential projects in Sarawak Such
perception will indeed determine the sensitivity of these parties on the need of EIA
process as an environmental management tooL
The specific objectives are as follows
1 Determine the perception of developers authorities and the public on
implementation of EIA for residential areas
5
ii Determine effectiveness of EIA process as an environmental management tool
by reviewing issues commonly raised during EIA study
iii Examine and review the overall legislation requirements as well as
management practices for implementation of EIA on residential projects
IV Formulate or suggest needs to enhance the process to ensure environmental
8ustainability
6
21
CHAPTER 2
LITERATURE REVIEW
Definition ofHousing Development
From a housing developers perspective a house is a product which the housing
developer is authorised to sell (subject to such constraints imposed upon the housing
developer by the Housing Development (Control amp Licensing) Act 1966 as recently
amended 1st December 2002 and the Regulations made there under to any intending
and willing purchase at the price stipulated in the sales brochures However this
product need not be in existence when the sale and purchase agreement is signed but
must be completed and fit for occupancy when the final purchase price is paid
Under Section 3 of the Housing Development (Control amp Licensing) Act 1966 (effective
1st December 2002) the term housing development has been defined to mean the
construction of more than four units of housing accommodation for sale to the public
It also includes the sale of more than four units of housing lots by a landowner with a
view of constructing houses thereon by the same landowner or by his nominee The
term housing lots has been defined as any piece of land surveyed or otherwise to
which a lot number has been assigned to it and which is subject to the category of
building in accordance with the National Land Code 1965
7
22 Site Selection and Project Options
The consideration of alternatives in project planning is one of the most notable
preventative or mitigation measures for many housing projects Site selection will
determine the type and magnitude of environmental and social impacts resulting from
the development of housing and township areas
The location of new housing and township projects may cause public reaction It may be
a positive perception for development However it may be a concern particularly if the
facilities are visually obstructive and involve major environmental issues The impacts
will be utmost where the location is close either to the existing population or to unspoilt
natural areas Improper project selection or location can lead to significant socioshy
economic andor environment impacts that can result in the rejection of planning
permission
EIA study must provide justification for the project the project components layout
planning and the site selection Environmental considerations must be considered
alongside economic and engineering considerations
23 Identification of suitable sites and screening for housing and new
township development projects
Identification of a large study area and identification of suitable area through
elimination of unsuitable areas is called constraints mapping It is usually necessary
for large-scale housing and new township projects not attached to a specific location
8
(a) Determine site requirements
Determine the size of the project including any potential expansion of the project
in the future Access routes to the area such as road and highway interchange as
well as utilities for the proposed project site should also be determined
(b) Determine extent of study area
Determine the maximum radius of the study area based on the economic
feasibility of delivery distances from construction material sources and waste
disposal sites
(c) Determine regulatory constraints to project
Project proponent shall verify if the proposed project is classified under low costs
mediumcosts high costs or special and any regulatory constraints to project
based on the housing classification
Buffer zone should be established and the site should be able to accommodate
buffer zones with respect to air water and noise pollution and solid and toxic
waste problems Control problems will be expected in many cases and landscaping
can provide barriers to neighbours and improve aesthetics values
(d) Determine environment constraints
9
Verify if the area has incompatible past current zoned or potential uses as urban
areas areas of incompatible housing classification areas of high amenity value
(tourism potential gazetted beaches national parks and marine parks) area of
special scientific interest high ecological and scientific values or aesthetic values
It should also avoid unsuited areas to receive pollution loads air sheds and water
catchments areas as well as areas of national mineral reserves
Unique habitat areas should be avoided Siting the development area near or
ecologically or environmentally sensitive habitats (eg mangroves estuaries
wetlands coral reefs) can cause irreversible damage to these habitats and are I
costly to develop
I
(e) Determine engineering and economic constraints
The housing and new townships development should have due regard for their
potential to contaminate cause man-induced geo-hazards such as slope failures
and flooding
Areas that require excessive investment in infrastructure such as distance from
existing roads difficulties in access expensive or difficult site formation is
deeming constraints to a development Minimise earthworks by taking advantage
of natural contours
(D Establish suitable areas
10
Establish areas zoned for Prescribed Activity if any such as slope area or water
catchments areas Areas of cultural natural heritage and unique or important
archaeological historical or cultural interest site of special scientific interest
should be avoided
Constraint mapping technique is used to designate areas which have unsuitable
physical and other environmental characteristics using constraints listed above
Place shaded transparencies (or use a Geographical Information System (GIS)
over these low suitability areas on the study area map_ The unshaded area may be
considered generally suitable
(g) Public perception
Public acceptance through awareness and education programmes in the proposed
development project is deemed necessary Potential impacts and process
equipment by providing noise barrieradequate buffer is to be provided for the
welfare of the public
24 Environmental Impact Assessment (EIA)
242 Introduction
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
11
Lawrence (2003) defined ElA as a systematic process of
I Determining and managing (identifying describing measuring predicting
interpreting integrating communicating involving and controlling) the
ii Potential (or reaD impacts (direct and indirect individual and cumulative
likelihood of occurrence) opound
iii Proposed (or existing) human actions (projects plans programs legislation
activities) and their alternatives
IV Environment (physical chemical biological human health cultural social
economic built and interrelations)
ElA is essentially a planning tool for preventing environmental problems due to an
action It encompasses a broad definition of environment of alternatives and of
proposed actions It seeks to avoid costly mistakes in project implementation either
because of the environmental damages that are likely to arise during project
implementation or because of modifications that may be required subsequently in
order to make the action environmentally acceptable Thus the systematic exploration
of interrelationship (eg among environmental components between the proposal and
the environment among alternatives among impacts) is obviously crucial in ElA
242 BriefHistory ofEIA
EIA was first formally established in the USA in 1969 and has since spread in various
forms to most other countries (Glasson et al 1999) The US National Policy Act
(NEPA) 1969 was the first legislation to require ElAs Consequently it has become an
12
important model for EIA systems both because it was a radically new form of
environment policy and because of the success and failures of its subsequent
development
EIA systems are perceived in many ways Some are in the form of mandatory
regulations acts or statues which are generally enforced by the authorities
Preparation of an adequate EIA is required before permission is given for a project to
proceed In other cases EIA systems exist in the form of guidelines which are not
enforceable but generally imposed obligations on the administrating agency Other
legislations allow government officials to require EIAs to be prepared at their
discretion In some cases EIAs are prepared in an ad hoc manner often because
funding bodies requires them (eg World Bank Asia Development Bank) as part of a
funding approval process Some project developers have a policy to conduct EIA as part
of their management-planning tool
243 EIA History in Malaysia
The Environmental Quality Act (EQA) 1974 is a federal act relating to the preventive
abatement control of pollution and enhancement of the environment In the late
eighties four additional sets of regulations were introduced and enforced by the
Department of Environment (DOE) which includes Environmental Quality (Prescribed
Activities)(Environmental Impact Assessment Order) 1987 which concerns the
requirement ofEIA for the prescribed activity This order was enforced on the let April
1988 in aU 13 states
13
In 1993 four DOE States Office (Johor Penang Selangor and Sarawak) was given the
full responsibility to review and decide on all Preliminary EIA reports In 1999 the
decentralization of EIA review process was fully expanded to the rest of the States
office The States DOE approach was to be a one-stop agency to all relevant technical
departments and agencies from Federal and State to provide inputs or comments in the
review of EIA reports (Sentian amp Tuah 2001) DOE is authorized to agree to
environmental issues and mitigating measures addressed in the EIA report by the
project proponent and its EIA consultant Other relevant approving authorities will
oversee other aspects such as planning development licensing and permits before the
project can commence
Sarawak enforced its newly amended Natural Resources and Environment Ordinance
1949 on 1st February 1999 to cover the areas of environmental management of natural
resources A Natural Resources and Environmental Board was established to
administer the Ordinance which include the power to formulate or develop policies and
guidelines to ensure exploitation conservation and management of natural resources in
the state will not cause any adverse impact on the environment (Mamit 1997)
Sarawak EIA Order was enforced on the 1st September 1994 requiring any person to
carry out any prescribed activity to submit an EIA report to the Board
Conservation of Environment Enactment 1996 was created in Sabah It carries the core
function similar to those of Natural Resources Ordinance 1949 (Amended 1993) in
14
Sarawak Under this Enactment the Conservation of Environment (Prescribed
Activity) Order 1999 was made and came into force on 1st September 1999
244 Legislative requirement ofEIA for residential projects in Malaysia
EIA when integrated into the existing planning and decision-making machinery
provides additional information towards better decision-making It has been widely
accepted as a useful and beneficial tool before a decision is made in respect of any
proposed development
(j) Environmental Quality Act 1974 (EQA) and Environmental Quality (Prescribed
Activities)(Environmental Impact Assessment) ltAmendment) Order 1995
In Malaysia EIA is required under section 34A Environmental Quality Act 1974 It
was made mandatory for certain prescribed activities since 1st April 1988 with the
coming force of the Environmental Quality (Prescribed Activities)(Environmental
Impact Assessment) Order 1987
Section 34A of the EQA provides powers to the Minister to prescribe by order any
activity which may give significant environmental impacts as a prescribed activity for
which a report on an assessment of the impact(s) such an activity will have on the
environment be submitted to the Director General of Environmental Quality of
Department of Environment (DOE) for approval The submission of an EIA report for
15
approval by the Director General is a requirement prior to granting of approval by the
relevant project approving authority (ILBS 1994)
The Order listed 19 prescribed activities The following activities in relation to
residential areas are required for submission and approval of EIA report
Item (7) Housing
Housing development covering an area of 50 hectares or more
Item (9) Infrastructure
(a) Construction of hospitals with outfall into beachfronts used for
recreational purpose
(b) Industrial estate development for medium and heavy industries
covering an area of50 hectares or more
(c) Construction ofexpressways
(d) Construction of national highways
(e) Construction of new townships
Furthermore all development carried out on hilly terrain with 26-35 degrees slope are
also 8ubjected to EIA reporting in line with Cabinet directive as detailed in the
Guidelines issued by the Ministry of Natural Resources and Environment (NIlE)
Malaysia
16
basic amenities The Programme is well on track in meeting the 0 squatters target by
the end of 2005
The vast acreage ofland required will inevitably result in significant impacts and
environmental considerations must be incorporated in the approval process for new
housing development process
13 Environmental Impacts of Residential Projects
The level and types of impact from residential projects will vary significantly based on
project-to-project basis New township on virgin sites can be extremely intrusive and
have major impacts on natural resources and the existing natural environment
However many new housing projects will be proposed in existing urbanized area on
land already zoned for residential use As such there will be little impact on natural
resources and no consideration on alternative sites Thus the project may only have to
be considered in terms of design and the more immediate construction and operating
impacts
The adverse environmental impacts of housing projects can occur at regional local and
site scales (Pakistan Environmental Agency 1997) Direct impacts are mainly physical
on the site development construction and operation of a project Indirect impacts are
experienced offsite and are more difficult to quantify in large housing projects indirect
impacts can be very significant These are often overlooked or ignored in impact
evaluation and mitigation
2
14 Problem statements
Rational of the study are stated as follow
(j) EIA and Existing Policy
Sarawak is the first state to enact its own law on environmental protection and
natural resource management EIA study is required under Section 11 (N
Natural Resources and Environmental Ordinance (NREO) (Chapter 84 Laws of
Sarawak) It is necessary for Prescribed Activities or development activities
which are having impacts to the environment
Under the First Schedule Prescribed Activities ltArticle 2 3 and 6) development
ofcommercial industrial and housing estates includes the following conditions
i Development of commercial or housing estates of an area exceeding 10
hectares
ll Development of industrial estates with factories to accommodate medium
or heavy industries
lll Conversion of mangrove swamps into industrial commercial or housing
estate exceeding 10 hectares in area
iv Reclamation of land whether by the sea or along river banks for housing
commercial or industrial estates
Then the EIA report is to be submitted to the Natural Resources and
Environment Board Sarawak (NREB) for approvaL If the report is found
satisfactory NREB will give permission in writing for such development activities
3
to be undertaken or commenced and the project developer is obliged to undertake
in writing the orders and directives of the NREB Therefore serious consideration
as well as thorough-planning needs to be taken for development projects
especially on difficult and expensive-management-practices areas such as
peatland
(ji) Shortfalls ofthe EIA system in Sarawak
Relevant critical issues are usually ignored as the issues depend on the ability of
the EIA team to address them where good field survey literature review
consultation with relevant authorities as well as discussion with local people of
the affected project area are required These information would hold strongly
with the abatement and mitigating measures as an integral part of the EIA
report
Guidelines on EIA study for residential areas are quite general and have rooms
for improvement In addition EIA is only a project based without looking into
cumulative impacts of the study Good guidelines and better understanding of the
purpose of EIA could make a clear view for the developers and the public on EIA
implementation The developers as well as the public could appreciate the
implementation of EIA as well as experiencing sustainable development
4
PoSIt lCflimat Mklumllt Akldemik UNtVEkStTt MALAYStA SAIlAWAK
(ill) Rapid development ofresidential projects
Agriculture and urbanization in major towns in Sarawak are encroaching into
peatland areas This situation is mainly because of the increasing shortages of
good agricultural land for further development the flat topography and its
occurrence close to the population centres and existing cropped areas (Tek et aI
2001)
The project has to be designed to suit the local environment to be likely completed
in time and within budget as well as avoiding difficulties along the way It has to
also conserve the natural resources it relies upon will continue to sustain by the
environment in near future A project has to yield its benefits without causing
serious environmental problems Furthermore it will bring credit and recognition
to the project proponent
15 Objectives of the Study
The overall objective of the study is to determine the perception of the concerned
parties on the implementation of EIA for residential projects in Sarawak Such
perception will indeed determine the sensitivity of these parties on the need of EIA
process as an environmental management tooL
The specific objectives are as follows
1 Determine the perception of developers authorities and the public on
implementation of EIA for residential areas
5
ii Determine effectiveness of EIA process as an environmental management tool
by reviewing issues commonly raised during EIA study
iii Examine and review the overall legislation requirements as well as
management practices for implementation of EIA on residential projects
IV Formulate or suggest needs to enhance the process to ensure environmental
8ustainability
6
21
CHAPTER 2
LITERATURE REVIEW
Definition ofHousing Development
From a housing developers perspective a house is a product which the housing
developer is authorised to sell (subject to such constraints imposed upon the housing
developer by the Housing Development (Control amp Licensing) Act 1966 as recently
amended 1st December 2002 and the Regulations made there under to any intending
and willing purchase at the price stipulated in the sales brochures However this
product need not be in existence when the sale and purchase agreement is signed but
must be completed and fit for occupancy when the final purchase price is paid
Under Section 3 of the Housing Development (Control amp Licensing) Act 1966 (effective
1st December 2002) the term housing development has been defined to mean the
construction of more than four units of housing accommodation for sale to the public
It also includes the sale of more than four units of housing lots by a landowner with a
view of constructing houses thereon by the same landowner or by his nominee The
term housing lots has been defined as any piece of land surveyed or otherwise to
which a lot number has been assigned to it and which is subject to the category of
building in accordance with the National Land Code 1965
7
22 Site Selection and Project Options
The consideration of alternatives in project planning is one of the most notable
preventative or mitigation measures for many housing projects Site selection will
determine the type and magnitude of environmental and social impacts resulting from
the development of housing and township areas
The location of new housing and township projects may cause public reaction It may be
a positive perception for development However it may be a concern particularly if the
facilities are visually obstructive and involve major environmental issues The impacts
will be utmost where the location is close either to the existing population or to unspoilt
natural areas Improper project selection or location can lead to significant socioshy
economic andor environment impacts that can result in the rejection of planning
permission
EIA study must provide justification for the project the project components layout
planning and the site selection Environmental considerations must be considered
alongside economic and engineering considerations
23 Identification of suitable sites and screening for housing and new
township development projects
Identification of a large study area and identification of suitable area through
elimination of unsuitable areas is called constraints mapping It is usually necessary
for large-scale housing and new township projects not attached to a specific location
8
(a) Determine site requirements
Determine the size of the project including any potential expansion of the project
in the future Access routes to the area such as road and highway interchange as
well as utilities for the proposed project site should also be determined
(b) Determine extent of study area
Determine the maximum radius of the study area based on the economic
feasibility of delivery distances from construction material sources and waste
disposal sites
(c) Determine regulatory constraints to project
Project proponent shall verify if the proposed project is classified under low costs
mediumcosts high costs or special and any regulatory constraints to project
based on the housing classification
Buffer zone should be established and the site should be able to accommodate
buffer zones with respect to air water and noise pollution and solid and toxic
waste problems Control problems will be expected in many cases and landscaping
can provide barriers to neighbours and improve aesthetics values
(d) Determine environment constraints
9
Verify if the area has incompatible past current zoned or potential uses as urban
areas areas of incompatible housing classification areas of high amenity value
(tourism potential gazetted beaches national parks and marine parks) area of
special scientific interest high ecological and scientific values or aesthetic values
It should also avoid unsuited areas to receive pollution loads air sheds and water
catchments areas as well as areas of national mineral reserves
Unique habitat areas should be avoided Siting the development area near or
ecologically or environmentally sensitive habitats (eg mangroves estuaries
wetlands coral reefs) can cause irreversible damage to these habitats and are I
costly to develop
I
(e) Determine engineering and economic constraints
The housing and new townships development should have due regard for their
potential to contaminate cause man-induced geo-hazards such as slope failures
and flooding
Areas that require excessive investment in infrastructure such as distance from
existing roads difficulties in access expensive or difficult site formation is
deeming constraints to a development Minimise earthworks by taking advantage
of natural contours
(D Establish suitable areas
10
Establish areas zoned for Prescribed Activity if any such as slope area or water
catchments areas Areas of cultural natural heritage and unique or important
archaeological historical or cultural interest site of special scientific interest
should be avoided
Constraint mapping technique is used to designate areas which have unsuitable
physical and other environmental characteristics using constraints listed above
Place shaded transparencies (or use a Geographical Information System (GIS)
over these low suitability areas on the study area map_ The unshaded area may be
considered generally suitable
(g) Public perception
Public acceptance through awareness and education programmes in the proposed
development project is deemed necessary Potential impacts and process
equipment by providing noise barrieradequate buffer is to be provided for the
welfare of the public
24 Environmental Impact Assessment (EIA)
242 Introduction
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
11
Lawrence (2003) defined ElA as a systematic process of
I Determining and managing (identifying describing measuring predicting
interpreting integrating communicating involving and controlling) the
ii Potential (or reaD impacts (direct and indirect individual and cumulative
likelihood of occurrence) opound
iii Proposed (or existing) human actions (projects plans programs legislation
activities) and their alternatives
IV Environment (physical chemical biological human health cultural social
economic built and interrelations)
ElA is essentially a planning tool for preventing environmental problems due to an
action It encompasses a broad definition of environment of alternatives and of
proposed actions It seeks to avoid costly mistakes in project implementation either
because of the environmental damages that are likely to arise during project
implementation or because of modifications that may be required subsequently in
order to make the action environmentally acceptable Thus the systematic exploration
of interrelationship (eg among environmental components between the proposal and
the environment among alternatives among impacts) is obviously crucial in ElA
242 BriefHistory ofEIA
EIA was first formally established in the USA in 1969 and has since spread in various
forms to most other countries (Glasson et al 1999) The US National Policy Act
(NEPA) 1969 was the first legislation to require ElAs Consequently it has become an
12
important model for EIA systems both because it was a radically new form of
environment policy and because of the success and failures of its subsequent
development
EIA systems are perceived in many ways Some are in the form of mandatory
regulations acts or statues which are generally enforced by the authorities
Preparation of an adequate EIA is required before permission is given for a project to
proceed In other cases EIA systems exist in the form of guidelines which are not
enforceable but generally imposed obligations on the administrating agency Other
legislations allow government officials to require EIAs to be prepared at their
discretion In some cases EIAs are prepared in an ad hoc manner often because
funding bodies requires them (eg World Bank Asia Development Bank) as part of a
funding approval process Some project developers have a policy to conduct EIA as part
of their management-planning tool
243 EIA History in Malaysia
The Environmental Quality Act (EQA) 1974 is a federal act relating to the preventive
abatement control of pollution and enhancement of the environment In the late
eighties four additional sets of regulations were introduced and enforced by the
Department of Environment (DOE) which includes Environmental Quality (Prescribed
Activities)(Environmental Impact Assessment Order) 1987 which concerns the
requirement ofEIA for the prescribed activity This order was enforced on the let April
1988 in aU 13 states
13
In 1993 four DOE States Office (Johor Penang Selangor and Sarawak) was given the
full responsibility to review and decide on all Preliminary EIA reports In 1999 the
decentralization of EIA review process was fully expanded to the rest of the States
office The States DOE approach was to be a one-stop agency to all relevant technical
departments and agencies from Federal and State to provide inputs or comments in the
review of EIA reports (Sentian amp Tuah 2001) DOE is authorized to agree to
environmental issues and mitigating measures addressed in the EIA report by the
project proponent and its EIA consultant Other relevant approving authorities will
oversee other aspects such as planning development licensing and permits before the
project can commence
Sarawak enforced its newly amended Natural Resources and Environment Ordinance
1949 on 1st February 1999 to cover the areas of environmental management of natural
resources A Natural Resources and Environmental Board was established to
administer the Ordinance which include the power to formulate or develop policies and
guidelines to ensure exploitation conservation and management of natural resources in
the state will not cause any adverse impact on the environment (Mamit 1997)
Sarawak EIA Order was enforced on the 1st September 1994 requiring any person to
carry out any prescribed activity to submit an EIA report to the Board
Conservation of Environment Enactment 1996 was created in Sabah It carries the core
function similar to those of Natural Resources Ordinance 1949 (Amended 1993) in
14
Sarawak Under this Enactment the Conservation of Environment (Prescribed
Activity) Order 1999 was made and came into force on 1st September 1999
244 Legislative requirement ofEIA for residential projects in Malaysia
EIA when integrated into the existing planning and decision-making machinery
provides additional information towards better decision-making It has been widely
accepted as a useful and beneficial tool before a decision is made in respect of any
proposed development
(j) Environmental Quality Act 1974 (EQA) and Environmental Quality (Prescribed
Activities)(Environmental Impact Assessment) ltAmendment) Order 1995
In Malaysia EIA is required under section 34A Environmental Quality Act 1974 It
was made mandatory for certain prescribed activities since 1st April 1988 with the
coming force of the Environmental Quality (Prescribed Activities)(Environmental
Impact Assessment) Order 1987
Section 34A of the EQA provides powers to the Minister to prescribe by order any
activity which may give significant environmental impacts as a prescribed activity for
which a report on an assessment of the impact(s) such an activity will have on the
environment be submitted to the Director General of Environmental Quality of
Department of Environment (DOE) for approval The submission of an EIA report for
15
approval by the Director General is a requirement prior to granting of approval by the
relevant project approving authority (ILBS 1994)
The Order listed 19 prescribed activities The following activities in relation to
residential areas are required for submission and approval of EIA report
Item (7) Housing
Housing development covering an area of 50 hectares or more
Item (9) Infrastructure
(a) Construction of hospitals with outfall into beachfronts used for
recreational purpose
(b) Industrial estate development for medium and heavy industries
covering an area of50 hectares or more
(c) Construction ofexpressways
(d) Construction of national highways
(e) Construction of new townships
Furthermore all development carried out on hilly terrain with 26-35 degrees slope are
also 8ubjected to EIA reporting in line with Cabinet directive as detailed in the
Guidelines issued by the Ministry of Natural Resources and Environment (NIlE)
Malaysia
16
14 Problem statements
Rational of the study are stated as follow
(j) EIA and Existing Policy
Sarawak is the first state to enact its own law on environmental protection and
natural resource management EIA study is required under Section 11 (N
Natural Resources and Environmental Ordinance (NREO) (Chapter 84 Laws of
Sarawak) It is necessary for Prescribed Activities or development activities
which are having impacts to the environment
Under the First Schedule Prescribed Activities ltArticle 2 3 and 6) development
ofcommercial industrial and housing estates includes the following conditions
i Development of commercial or housing estates of an area exceeding 10
hectares
ll Development of industrial estates with factories to accommodate medium
or heavy industries
lll Conversion of mangrove swamps into industrial commercial or housing
estate exceeding 10 hectares in area
iv Reclamation of land whether by the sea or along river banks for housing
commercial or industrial estates
Then the EIA report is to be submitted to the Natural Resources and
Environment Board Sarawak (NREB) for approvaL If the report is found
satisfactory NREB will give permission in writing for such development activities
3
to be undertaken or commenced and the project developer is obliged to undertake
in writing the orders and directives of the NREB Therefore serious consideration
as well as thorough-planning needs to be taken for development projects
especially on difficult and expensive-management-practices areas such as
peatland
(ji) Shortfalls ofthe EIA system in Sarawak
Relevant critical issues are usually ignored as the issues depend on the ability of
the EIA team to address them where good field survey literature review
consultation with relevant authorities as well as discussion with local people of
the affected project area are required These information would hold strongly
with the abatement and mitigating measures as an integral part of the EIA
report
Guidelines on EIA study for residential areas are quite general and have rooms
for improvement In addition EIA is only a project based without looking into
cumulative impacts of the study Good guidelines and better understanding of the
purpose of EIA could make a clear view for the developers and the public on EIA
implementation The developers as well as the public could appreciate the
implementation of EIA as well as experiencing sustainable development
4
PoSIt lCflimat Mklumllt Akldemik UNtVEkStTt MALAYStA SAIlAWAK
(ill) Rapid development ofresidential projects
Agriculture and urbanization in major towns in Sarawak are encroaching into
peatland areas This situation is mainly because of the increasing shortages of
good agricultural land for further development the flat topography and its
occurrence close to the population centres and existing cropped areas (Tek et aI
2001)
The project has to be designed to suit the local environment to be likely completed
in time and within budget as well as avoiding difficulties along the way It has to
also conserve the natural resources it relies upon will continue to sustain by the
environment in near future A project has to yield its benefits without causing
serious environmental problems Furthermore it will bring credit and recognition
to the project proponent
15 Objectives of the Study
The overall objective of the study is to determine the perception of the concerned
parties on the implementation of EIA for residential projects in Sarawak Such
perception will indeed determine the sensitivity of these parties on the need of EIA
process as an environmental management tooL
The specific objectives are as follows
1 Determine the perception of developers authorities and the public on
implementation of EIA for residential areas
5
ii Determine effectiveness of EIA process as an environmental management tool
by reviewing issues commonly raised during EIA study
iii Examine and review the overall legislation requirements as well as
management practices for implementation of EIA on residential projects
IV Formulate or suggest needs to enhance the process to ensure environmental
8ustainability
6
21
CHAPTER 2
LITERATURE REVIEW
Definition ofHousing Development
From a housing developers perspective a house is a product which the housing
developer is authorised to sell (subject to such constraints imposed upon the housing
developer by the Housing Development (Control amp Licensing) Act 1966 as recently
amended 1st December 2002 and the Regulations made there under to any intending
and willing purchase at the price stipulated in the sales brochures However this
product need not be in existence when the sale and purchase agreement is signed but
must be completed and fit for occupancy when the final purchase price is paid
Under Section 3 of the Housing Development (Control amp Licensing) Act 1966 (effective
1st December 2002) the term housing development has been defined to mean the
construction of more than four units of housing accommodation for sale to the public
It also includes the sale of more than four units of housing lots by a landowner with a
view of constructing houses thereon by the same landowner or by his nominee The
term housing lots has been defined as any piece of land surveyed or otherwise to
which a lot number has been assigned to it and which is subject to the category of
building in accordance with the National Land Code 1965
7
22 Site Selection and Project Options
The consideration of alternatives in project planning is one of the most notable
preventative or mitigation measures for many housing projects Site selection will
determine the type and magnitude of environmental and social impacts resulting from
the development of housing and township areas
The location of new housing and township projects may cause public reaction It may be
a positive perception for development However it may be a concern particularly if the
facilities are visually obstructive and involve major environmental issues The impacts
will be utmost where the location is close either to the existing population or to unspoilt
natural areas Improper project selection or location can lead to significant socioshy
economic andor environment impacts that can result in the rejection of planning
permission
EIA study must provide justification for the project the project components layout
planning and the site selection Environmental considerations must be considered
alongside economic and engineering considerations
23 Identification of suitable sites and screening for housing and new
township development projects
Identification of a large study area and identification of suitable area through
elimination of unsuitable areas is called constraints mapping It is usually necessary
for large-scale housing and new township projects not attached to a specific location
8
(a) Determine site requirements
Determine the size of the project including any potential expansion of the project
in the future Access routes to the area such as road and highway interchange as
well as utilities for the proposed project site should also be determined
(b) Determine extent of study area
Determine the maximum radius of the study area based on the economic
feasibility of delivery distances from construction material sources and waste
disposal sites
(c) Determine regulatory constraints to project
Project proponent shall verify if the proposed project is classified under low costs
mediumcosts high costs or special and any regulatory constraints to project
based on the housing classification
Buffer zone should be established and the site should be able to accommodate
buffer zones with respect to air water and noise pollution and solid and toxic
waste problems Control problems will be expected in many cases and landscaping
can provide barriers to neighbours and improve aesthetics values
(d) Determine environment constraints
9
Verify if the area has incompatible past current zoned or potential uses as urban
areas areas of incompatible housing classification areas of high amenity value
(tourism potential gazetted beaches national parks and marine parks) area of
special scientific interest high ecological and scientific values or aesthetic values
It should also avoid unsuited areas to receive pollution loads air sheds and water
catchments areas as well as areas of national mineral reserves
Unique habitat areas should be avoided Siting the development area near or
ecologically or environmentally sensitive habitats (eg mangroves estuaries
wetlands coral reefs) can cause irreversible damage to these habitats and are I
costly to develop
I
(e) Determine engineering and economic constraints
The housing and new townships development should have due regard for their
potential to contaminate cause man-induced geo-hazards such as slope failures
and flooding
Areas that require excessive investment in infrastructure such as distance from
existing roads difficulties in access expensive or difficult site formation is
deeming constraints to a development Minimise earthworks by taking advantage
of natural contours
(D Establish suitable areas
10
Establish areas zoned for Prescribed Activity if any such as slope area or water
catchments areas Areas of cultural natural heritage and unique or important
archaeological historical or cultural interest site of special scientific interest
should be avoided
Constraint mapping technique is used to designate areas which have unsuitable
physical and other environmental characteristics using constraints listed above
Place shaded transparencies (or use a Geographical Information System (GIS)
over these low suitability areas on the study area map_ The unshaded area may be
considered generally suitable
(g) Public perception
Public acceptance through awareness and education programmes in the proposed
development project is deemed necessary Potential impacts and process
equipment by providing noise barrieradequate buffer is to be provided for the
welfare of the public
24 Environmental Impact Assessment (EIA)
242 Introduction
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
11
Lawrence (2003) defined ElA as a systematic process of
I Determining and managing (identifying describing measuring predicting
interpreting integrating communicating involving and controlling) the
ii Potential (or reaD impacts (direct and indirect individual and cumulative
likelihood of occurrence) opound
iii Proposed (or existing) human actions (projects plans programs legislation
activities) and their alternatives
IV Environment (physical chemical biological human health cultural social
economic built and interrelations)
ElA is essentially a planning tool for preventing environmental problems due to an
action It encompasses a broad definition of environment of alternatives and of
proposed actions It seeks to avoid costly mistakes in project implementation either
because of the environmental damages that are likely to arise during project
implementation or because of modifications that may be required subsequently in
order to make the action environmentally acceptable Thus the systematic exploration
of interrelationship (eg among environmental components between the proposal and
the environment among alternatives among impacts) is obviously crucial in ElA
242 BriefHistory ofEIA
EIA was first formally established in the USA in 1969 and has since spread in various
forms to most other countries (Glasson et al 1999) The US National Policy Act
(NEPA) 1969 was the first legislation to require ElAs Consequently it has become an
12
important model for EIA systems both because it was a radically new form of
environment policy and because of the success and failures of its subsequent
development
EIA systems are perceived in many ways Some are in the form of mandatory
regulations acts or statues which are generally enforced by the authorities
Preparation of an adequate EIA is required before permission is given for a project to
proceed In other cases EIA systems exist in the form of guidelines which are not
enforceable but generally imposed obligations on the administrating agency Other
legislations allow government officials to require EIAs to be prepared at their
discretion In some cases EIAs are prepared in an ad hoc manner often because
funding bodies requires them (eg World Bank Asia Development Bank) as part of a
funding approval process Some project developers have a policy to conduct EIA as part
of their management-planning tool
243 EIA History in Malaysia
The Environmental Quality Act (EQA) 1974 is a federal act relating to the preventive
abatement control of pollution and enhancement of the environment In the late
eighties four additional sets of regulations were introduced and enforced by the
Department of Environment (DOE) which includes Environmental Quality (Prescribed
Activities)(Environmental Impact Assessment Order) 1987 which concerns the
requirement ofEIA for the prescribed activity This order was enforced on the let April
1988 in aU 13 states
13
In 1993 four DOE States Office (Johor Penang Selangor and Sarawak) was given the
full responsibility to review and decide on all Preliminary EIA reports In 1999 the
decentralization of EIA review process was fully expanded to the rest of the States
office The States DOE approach was to be a one-stop agency to all relevant technical
departments and agencies from Federal and State to provide inputs or comments in the
review of EIA reports (Sentian amp Tuah 2001) DOE is authorized to agree to
environmental issues and mitigating measures addressed in the EIA report by the
project proponent and its EIA consultant Other relevant approving authorities will
oversee other aspects such as planning development licensing and permits before the
project can commence
Sarawak enforced its newly amended Natural Resources and Environment Ordinance
1949 on 1st February 1999 to cover the areas of environmental management of natural
resources A Natural Resources and Environmental Board was established to
administer the Ordinance which include the power to formulate or develop policies and
guidelines to ensure exploitation conservation and management of natural resources in
the state will not cause any adverse impact on the environment (Mamit 1997)
Sarawak EIA Order was enforced on the 1st September 1994 requiring any person to
carry out any prescribed activity to submit an EIA report to the Board
Conservation of Environment Enactment 1996 was created in Sabah It carries the core
function similar to those of Natural Resources Ordinance 1949 (Amended 1993) in
14
Sarawak Under this Enactment the Conservation of Environment (Prescribed
Activity) Order 1999 was made and came into force on 1st September 1999
244 Legislative requirement ofEIA for residential projects in Malaysia
EIA when integrated into the existing planning and decision-making machinery
provides additional information towards better decision-making It has been widely
accepted as a useful and beneficial tool before a decision is made in respect of any
proposed development
(j) Environmental Quality Act 1974 (EQA) and Environmental Quality (Prescribed
Activities)(Environmental Impact Assessment) ltAmendment) Order 1995
In Malaysia EIA is required under section 34A Environmental Quality Act 1974 It
was made mandatory for certain prescribed activities since 1st April 1988 with the
coming force of the Environmental Quality (Prescribed Activities)(Environmental
Impact Assessment) Order 1987
Section 34A of the EQA provides powers to the Minister to prescribe by order any
activity which may give significant environmental impacts as a prescribed activity for
which a report on an assessment of the impact(s) such an activity will have on the
environment be submitted to the Director General of Environmental Quality of
Department of Environment (DOE) for approval The submission of an EIA report for
15
approval by the Director General is a requirement prior to granting of approval by the
relevant project approving authority (ILBS 1994)
The Order listed 19 prescribed activities The following activities in relation to
residential areas are required for submission and approval of EIA report
Item (7) Housing
Housing development covering an area of 50 hectares or more
Item (9) Infrastructure
(a) Construction of hospitals with outfall into beachfronts used for
recreational purpose
(b) Industrial estate development for medium and heavy industries
covering an area of50 hectares or more
(c) Construction ofexpressways
(d) Construction of national highways
(e) Construction of new townships
Furthermore all development carried out on hilly terrain with 26-35 degrees slope are
also 8ubjected to EIA reporting in line with Cabinet directive as detailed in the
Guidelines issued by the Ministry of Natural Resources and Environment (NIlE)
Malaysia
16
to be undertaken or commenced and the project developer is obliged to undertake
in writing the orders and directives of the NREB Therefore serious consideration
as well as thorough-planning needs to be taken for development projects
especially on difficult and expensive-management-practices areas such as
peatland
(ji) Shortfalls ofthe EIA system in Sarawak
Relevant critical issues are usually ignored as the issues depend on the ability of
the EIA team to address them where good field survey literature review
consultation with relevant authorities as well as discussion with local people of
the affected project area are required These information would hold strongly
with the abatement and mitigating measures as an integral part of the EIA
report
Guidelines on EIA study for residential areas are quite general and have rooms
for improvement In addition EIA is only a project based without looking into
cumulative impacts of the study Good guidelines and better understanding of the
purpose of EIA could make a clear view for the developers and the public on EIA
implementation The developers as well as the public could appreciate the
implementation of EIA as well as experiencing sustainable development
4
PoSIt lCflimat Mklumllt Akldemik UNtVEkStTt MALAYStA SAIlAWAK
(ill) Rapid development ofresidential projects
Agriculture and urbanization in major towns in Sarawak are encroaching into
peatland areas This situation is mainly because of the increasing shortages of
good agricultural land for further development the flat topography and its
occurrence close to the population centres and existing cropped areas (Tek et aI
2001)
The project has to be designed to suit the local environment to be likely completed
in time and within budget as well as avoiding difficulties along the way It has to
also conserve the natural resources it relies upon will continue to sustain by the
environment in near future A project has to yield its benefits without causing
serious environmental problems Furthermore it will bring credit and recognition
to the project proponent
15 Objectives of the Study
The overall objective of the study is to determine the perception of the concerned
parties on the implementation of EIA for residential projects in Sarawak Such
perception will indeed determine the sensitivity of these parties on the need of EIA
process as an environmental management tooL
The specific objectives are as follows
1 Determine the perception of developers authorities and the public on
implementation of EIA for residential areas
5
ii Determine effectiveness of EIA process as an environmental management tool
by reviewing issues commonly raised during EIA study
iii Examine and review the overall legislation requirements as well as
management practices for implementation of EIA on residential projects
IV Formulate or suggest needs to enhance the process to ensure environmental
8ustainability
6
21
CHAPTER 2
LITERATURE REVIEW
Definition ofHousing Development
From a housing developers perspective a house is a product which the housing
developer is authorised to sell (subject to such constraints imposed upon the housing
developer by the Housing Development (Control amp Licensing) Act 1966 as recently
amended 1st December 2002 and the Regulations made there under to any intending
and willing purchase at the price stipulated in the sales brochures However this
product need not be in existence when the sale and purchase agreement is signed but
must be completed and fit for occupancy when the final purchase price is paid
Under Section 3 of the Housing Development (Control amp Licensing) Act 1966 (effective
1st December 2002) the term housing development has been defined to mean the
construction of more than four units of housing accommodation for sale to the public
It also includes the sale of more than four units of housing lots by a landowner with a
view of constructing houses thereon by the same landowner or by his nominee The
term housing lots has been defined as any piece of land surveyed or otherwise to
which a lot number has been assigned to it and which is subject to the category of
building in accordance with the National Land Code 1965
7
22 Site Selection and Project Options
The consideration of alternatives in project planning is one of the most notable
preventative or mitigation measures for many housing projects Site selection will
determine the type and magnitude of environmental and social impacts resulting from
the development of housing and township areas
The location of new housing and township projects may cause public reaction It may be
a positive perception for development However it may be a concern particularly if the
facilities are visually obstructive and involve major environmental issues The impacts
will be utmost where the location is close either to the existing population or to unspoilt
natural areas Improper project selection or location can lead to significant socioshy
economic andor environment impacts that can result in the rejection of planning
permission
EIA study must provide justification for the project the project components layout
planning and the site selection Environmental considerations must be considered
alongside economic and engineering considerations
23 Identification of suitable sites and screening for housing and new
township development projects
Identification of a large study area and identification of suitable area through
elimination of unsuitable areas is called constraints mapping It is usually necessary
for large-scale housing and new township projects not attached to a specific location
8
(a) Determine site requirements
Determine the size of the project including any potential expansion of the project
in the future Access routes to the area such as road and highway interchange as
well as utilities for the proposed project site should also be determined
(b) Determine extent of study area
Determine the maximum radius of the study area based on the economic
feasibility of delivery distances from construction material sources and waste
disposal sites
(c) Determine regulatory constraints to project
Project proponent shall verify if the proposed project is classified under low costs
mediumcosts high costs or special and any regulatory constraints to project
based on the housing classification
Buffer zone should be established and the site should be able to accommodate
buffer zones with respect to air water and noise pollution and solid and toxic
waste problems Control problems will be expected in many cases and landscaping
can provide barriers to neighbours and improve aesthetics values
(d) Determine environment constraints
9
Verify if the area has incompatible past current zoned or potential uses as urban
areas areas of incompatible housing classification areas of high amenity value
(tourism potential gazetted beaches national parks and marine parks) area of
special scientific interest high ecological and scientific values or aesthetic values
It should also avoid unsuited areas to receive pollution loads air sheds and water
catchments areas as well as areas of national mineral reserves
Unique habitat areas should be avoided Siting the development area near or
ecologically or environmentally sensitive habitats (eg mangroves estuaries
wetlands coral reefs) can cause irreversible damage to these habitats and are I
costly to develop
I
(e) Determine engineering and economic constraints
The housing and new townships development should have due regard for their
potential to contaminate cause man-induced geo-hazards such as slope failures
and flooding
Areas that require excessive investment in infrastructure such as distance from
existing roads difficulties in access expensive or difficult site formation is
deeming constraints to a development Minimise earthworks by taking advantage
of natural contours
(D Establish suitable areas
10
Establish areas zoned for Prescribed Activity if any such as slope area or water
catchments areas Areas of cultural natural heritage and unique or important
archaeological historical or cultural interest site of special scientific interest
should be avoided
Constraint mapping technique is used to designate areas which have unsuitable
physical and other environmental characteristics using constraints listed above
Place shaded transparencies (or use a Geographical Information System (GIS)
over these low suitability areas on the study area map_ The unshaded area may be
considered generally suitable
(g) Public perception
Public acceptance through awareness and education programmes in the proposed
development project is deemed necessary Potential impacts and process
equipment by providing noise barrieradequate buffer is to be provided for the
welfare of the public
24 Environmental Impact Assessment (EIA)
242 Introduction
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
11
Lawrence (2003) defined ElA as a systematic process of
I Determining and managing (identifying describing measuring predicting
interpreting integrating communicating involving and controlling) the
ii Potential (or reaD impacts (direct and indirect individual and cumulative
likelihood of occurrence) opound
iii Proposed (or existing) human actions (projects plans programs legislation
activities) and their alternatives
IV Environment (physical chemical biological human health cultural social
economic built and interrelations)
ElA is essentially a planning tool for preventing environmental problems due to an
action It encompasses a broad definition of environment of alternatives and of
proposed actions It seeks to avoid costly mistakes in project implementation either
because of the environmental damages that are likely to arise during project
implementation or because of modifications that may be required subsequently in
order to make the action environmentally acceptable Thus the systematic exploration
of interrelationship (eg among environmental components between the proposal and
the environment among alternatives among impacts) is obviously crucial in ElA
242 BriefHistory ofEIA
EIA was first formally established in the USA in 1969 and has since spread in various
forms to most other countries (Glasson et al 1999) The US National Policy Act
(NEPA) 1969 was the first legislation to require ElAs Consequently it has become an
12
important model for EIA systems both because it was a radically new form of
environment policy and because of the success and failures of its subsequent
development
EIA systems are perceived in many ways Some are in the form of mandatory
regulations acts or statues which are generally enforced by the authorities
Preparation of an adequate EIA is required before permission is given for a project to
proceed In other cases EIA systems exist in the form of guidelines which are not
enforceable but generally imposed obligations on the administrating agency Other
legislations allow government officials to require EIAs to be prepared at their
discretion In some cases EIAs are prepared in an ad hoc manner often because
funding bodies requires them (eg World Bank Asia Development Bank) as part of a
funding approval process Some project developers have a policy to conduct EIA as part
of their management-planning tool
243 EIA History in Malaysia
The Environmental Quality Act (EQA) 1974 is a federal act relating to the preventive
abatement control of pollution and enhancement of the environment In the late
eighties four additional sets of regulations were introduced and enforced by the
Department of Environment (DOE) which includes Environmental Quality (Prescribed
Activities)(Environmental Impact Assessment Order) 1987 which concerns the
requirement ofEIA for the prescribed activity This order was enforced on the let April
1988 in aU 13 states
13
In 1993 four DOE States Office (Johor Penang Selangor and Sarawak) was given the
full responsibility to review and decide on all Preliminary EIA reports In 1999 the
decentralization of EIA review process was fully expanded to the rest of the States
office The States DOE approach was to be a one-stop agency to all relevant technical
departments and agencies from Federal and State to provide inputs or comments in the
review of EIA reports (Sentian amp Tuah 2001) DOE is authorized to agree to
environmental issues and mitigating measures addressed in the EIA report by the
project proponent and its EIA consultant Other relevant approving authorities will
oversee other aspects such as planning development licensing and permits before the
project can commence
Sarawak enforced its newly amended Natural Resources and Environment Ordinance
1949 on 1st February 1999 to cover the areas of environmental management of natural
resources A Natural Resources and Environmental Board was established to
administer the Ordinance which include the power to formulate or develop policies and
guidelines to ensure exploitation conservation and management of natural resources in
the state will not cause any adverse impact on the environment (Mamit 1997)
Sarawak EIA Order was enforced on the 1st September 1994 requiring any person to
carry out any prescribed activity to submit an EIA report to the Board
Conservation of Environment Enactment 1996 was created in Sabah It carries the core
function similar to those of Natural Resources Ordinance 1949 (Amended 1993) in
14
Sarawak Under this Enactment the Conservation of Environment (Prescribed
Activity) Order 1999 was made and came into force on 1st September 1999
244 Legislative requirement ofEIA for residential projects in Malaysia
EIA when integrated into the existing planning and decision-making machinery
provides additional information towards better decision-making It has been widely
accepted as a useful and beneficial tool before a decision is made in respect of any
proposed development
(j) Environmental Quality Act 1974 (EQA) and Environmental Quality (Prescribed
Activities)(Environmental Impact Assessment) ltAmendment) Order 1995
In Malaysia EIA is required under section 34A Environmental Quality Act 1974 It
was made mandatory for certain prescribed activities since 1st April 1988 with the
coming force of the Environmental Quality (Prescribed Activities)(Environmental
Impact Assessment) Order 1987
Section 34A of the EQA provides powers to the Minister to prescribe by order any
activity which may give significant environmental impacts as a prescribed activity for
which a report on an assessment of the impact(s) such an activity will have on the
environment be submitted to the Director General of Environmental Quality of
Department of Environment (DOE) for approval The submission of an EIA report for
15
approval by the Director General is a requirement prior to granting of approval by the
relevant project approving authority (ILBS 1994)
The Order listed 19 prescribed activities The following activities in relation to
residential areas are required for submission and approval of EIA report
Item (7) Housing
Housing development covering an area of 50 hectares or more
Item (9) Infrastructure
(a) Construction of hospitals with outfall into beachfronts used for
recreational purpose
(b) Industrial estate development for medium and heavy industries
covering an area of50 hectares or more
(c) Construction ofexpressways
(d) Construction of national highways
(e) Construction of new townships
Furthermore all development carried out on hilly terrain with 26-35 degrees slope are
also 8ubjected to EIA reporting in line with Cabinet directive as detailed in the
Guidelines issued by the Ministry of Natural Resources and Environment (NIlE)
Malaysia
16
PoSIt lCflimat Mklumllt Akldemik UNtVEkStTt MALAYStA SAIlAWAK
(ill) Rapid development ofresidential projects
Agriculture and urbanization in major towns in Sarawak are encroaching into
peatland areas This situation is mainly because of the increasing shortages of
good agricultural land for further development the flat topography and its
occurrence close to the population centres and existing cropped areas (Tek et aI
2001)
The project has to be designed to suit the local environment to be likely completed
in time and within budget as well as avoiding difficulties along the way It has to
also conserve the natural resources it relies upon will continue to sustain by the
environment in near future A project has to yield its benefits without causing
serious environmental problems Furthermore it will bring credit and recognition
to the project proponent
15 Objectives of the Study
The overall objective of the study is to determine the perception of the concerned
parties on the implementation of EIA for residential projects in Sarawak Such
perception will indeed determine the sensitivity of these parties on the need of EIA
process as an environmental management tooL
The specific objectives are as follows
1 Determine the perception of developers authorities and the public on
implementation of EIA for residential areas
5
ii Determine effectiveness of EIA process as an environmental management tool
by reviewing issues commonly raised during EIA study
iii Examine and review the overall legislation requirements as well as
management practices for implementation of EIA on residential projects
IV Formulate or suggest needs to enhance the process to ensure environmental
8ustainability
6
21
CHAPTER 2
LITERATURE REVIEW
Definition ofHousing Development
From a housing developers perspective a house is a product which the housing
developer is authorised to sell (subject to such constraints imposed upon the housing
developer by the Housing Development (Control amp Licensing) Act 1966 as recently
amended 1st December 2002 and the Regulations made there under to any intending
and willing purchase at the price stipulated in the sales brochures However this
product need not be in existence when the sale and purchase agreement is signed but
must be completed and fit for occupancy when the final purchase price is paid
Under Section 3 of the Housing Development (Control amp Licensing) Act 1966 (effective
1st December 2002) the term housing development has been defined to mean the
construction of more than four units of housing accommodation for sale to the public
It also includes the sale of more than four units of housing lots by a landowner with a
view of constructing houses thereon by the same landowner or by his nominee The
term housing lots has been defined as any piece of land surveyed or otherwise to
which a lot number has been assigned to it and which is subject to the category of
building in accordance with the National Land Code 1965
7
22 Site Selection and Project Options
The consideration of alternatives in project planning is one of the most notable
preventative or mitigation measures for many housing projects Site selection will
determine the type and magnitude of environmental and social impacts resulting from
the development of housing and township areas
The location of new housing and township projects may cause public reaction It may be
a positive perception for development However it may be a concern particularly if the
facilities are visually obstructive and involve major environmental issues The impacts
will be utmost where the location is close either to the existing population or to unspoilt
natural areas Improper project selection or location can lead to significant socioshy
economic andor environment impacts that can result in the rejection of planning
permission
EIA study must provide justification for the project the project components layout
planning and the site selection Environmental considerations must be considered
alongside economic and engineering considerations
23 Identification of suitable sites and screening for housing and new
township development projects
Identification of a large study area and identification of suitable area through
elimination of unsuitable areas is called constraints mapping It is usually necessary
for large-scale housing and new township projects not attached to a specific location
8
(a) Determine site requirements
Determine the size of the project including any potential expansion of the project
in the future Access routes to the area such as road and highway interchange as
well as utilities for the proposed project site should also be determined
(b) Determine extent of study area
Determine the maximum radius of the study area based on the economic
feasibility of delivery distances from construction material sources and waste
disposal sites
(c) Determine regulatory constraints to project
Project proponent shall verify if the proposed project is classified under low costs
mediumcosts high costs or special and any regulatory constraints to project
based on the housing classification
Buffer zone should be established and the site should be able to accommodate
buffer zones with respect to air water and noise pollution and solid and toxic
waste problems Control problems will be expected in many cases and landscaping
can provide barriers to neighbours and improve aesthetics values
(d) Determine environment constraints
9
Verify if the area has incompatible past current zoned or potential uses as urban
areas areas of incompatible housing classification areas of high amenity value
(tourism potential gazetted beaches national parks and marine parks) area of
special scientific interest high ecological and scientific values or aesthetic values
It should also avoid unsuited areas to receive pollution loads air sheds and water
catchments areas as well as areas of national mineral reserves
Unique habitat areas should be avoided Siting the development area near or
ecologically or environmentally sensitive habitats (eg mangroves estuaries
wetlands coral reefs) can cause irreversible damage to these habitats and are I
costly to develop
I
(e) Determine engineering and economic constraints
The housing and new townships development should have due regard for their
potential to contaminate cause man-induced geo-hazards such as slope failures
and flooding
Areas that require excessive investment in infrastructure such as distance from
existing roads difficulties in access expensive or difficult site formation is
deeming constraints to a development Minimise earthworks by taking advantage
of natural contours
(D Establish suitable areas
10
Establish areas zoned for Prescribed Activity if any such as slope area or water
catchments areas Areas of cultural natural heritage and unique or important
archaeological historical or cultural interest site of special scientific interest
should be avoided
Constraint mapping technique is used to designate areas which have unsuitable
physical and other environmental characteristics using constraints listed above
Place shaded transparencies (or use a Geographical Information System (GIS)
over these low suitability areas on the study area map_ The unshaded area may be
considered generally suitable
(g) Public perception
Public acceptance through awareness and education programmes in the proposed
development project is deemed necessary Potential impacts and process
equipment by providing noise barrieradequate buffer is to be provided for the
welfare of the public
24 Environmental Impact Assessment (EIA)
242 Introduction
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
11
Lawrence (2003) defined ElA as a systematic process of
I Determining and managing (identifying describing measuring predicting
interpreting integrating communicating involving and controlling) the
ii Potential (or reaD impacts (direct and indirect individual and cumulative
likelihood of occurrence) opound
iii Proposed (or existing) human actions (projects plans programs legislation
activities) and their alternatives
IV Environment (physical chemical biological human health cultural social
economic built and interrelations)
ElA is essentially a planning tool for preventing environmental problems due to an
action It encompasses a broad definition of environment of alternatives and of
proposed actions It seeks to avoid costly mistakes in project implementation either
because of the environmental damages that are likely to arise during project
implementation or because of modifications that may be required subsequently in
order to make the action environmentally acceptable Thus the systematic exploration
of interrelationship (eg among environmental components between the proposal and
the environment among alternatives among impacts) is obviously crucial in ElA
242 BriefHistory ofEIA
EIA was first formally established in the USA in 1969 and has since spread in various
forms to most other countries (Glasson et al 1999) The US National Policy Act
(NEPA) 1969 was the first legislation to require ElAs Consequently it has become an
12
important model for EIA systems both because it was a radically new form of
environment policy and because of the success and failures of its subsequent
development
EIA systems are perceived in many ways Some are in the form of mandatory
regulations acts or statues which are generally enforced by the authorities
Preparation of an adequate EIA is required before permission is given for a project to
proceed In other cases EIA systems exist in the form of guidelines which are not
enforceable but generally imposed obligations on the administrating agency Other
legislations allow government officials to require EIAs to be prepared at their
discretion In some cases EIAs are prepared in an ad hoc manner often because
funding bodies requires them (eg World Bank Asia Development Bank) as part of a
funding approval process Some project developers have a policy to conduct EIA as part
of their management-planning tool
243 EIA History in Malaysia
The Environmental Quality Act (EQA) 1974 is a federal act relating to the preventive
abatement control of pollution and enhancement of the environment In the late
eighties four additional sets of regulations were introduced and enforced by the
Department of Environment (DOE) which includes Environmental Quality (Prescribed
Activities)(Environmental Impact Assessment Order) 1987 which concerns the
requirement ofEIA for the prescribed activity This order was enforced on the let April
1988 in aU 13 states
13
In 1993 four DOE States Office (Johor Penang Selangor and Sarawak) was given the
full responsibility to review and decide on all Preliminary EIA reports In 1999 the
decentralization of EIA review process was fully expanded to the rest of the States
office The States DOE approach was to be a one-stop agency to all relevant technical
departments and agencies from Federal and State to provide inputs or comments in the
review of EIA reports (Sentian amp Tuah 2001) DOE is authorized to agree to
environmental issues and mitigating measures addressed in the EIA report by the
project proponent and its EIA consultant Other relevant approving authorities will
oversee other aspects such as planning development licensing and permits before the
project can commence
Sarawak enforced its newly amended Natural Resources and Environment Ordinance
1949 on 1st February 1999 to cover the areas of environmental management of natural
resources A Natural Resources and Environmental Board was established to
administer the Ordinance which include the power to formulate or develop policies and
guidelines to ensure exploitation conservation and management of natural resources in
the state will not cause any adverse impact on the environment (Mamit 1997)
Sarawak EIA Order was enforced on the 1st September 1994 requiring any person to
carry out any prescribed activity to submit an EIA report to the Board
Conservation of Environment Enactment 1996 was created in Sabah It carries the core
function similar to those of Natural Resources Ordinance 1949 (Amended 1993) in
14
Sarawak Under this Enactment the Conservation of Environment (Prescribed
Activity) Order 1999 was made and came into force on 1st September 1999
244 Legislative requirement ofEIA for residential projects in Malaysia
EIA when integrated into the existing planning and decision-making machinery
provides additional information towards better decision-making It has been widely
accepted as a useful and beneficial tool before a decision is made in respect of any
proposed development
(j) Environmental Quality Act 1974 (EQA) and Environmental Quality (Prescribed
Activities)(Environmental Impact Assessment) ltAmendment) Order 1995
In Malaysia EIA is required under section 34A Environmental Quality Act 1974 It
was made mandatory for certain prescribed activities since 1st April 1988 with the
coming force of the Environmental Quality (Prescribed Activities)(Environmental
Impact Assessment) Order 1987
Section 34A of the EQA provides powers to the Minister to prescribe by order any
activity which may give significant environmental impacts as a prescribed activity for
which a report on an assessment of the impact(s) such an activity will have on the
environment be submitted to the Director General of Environmental Quality of
Department of Environment (DOE) for approval The submission of an EIA report for
15
approval by the Director General is a requirement prior to granting of approval by the
relevant project approving authority (ILBS 1994)
The Order listed 19 prescribed activities The following activities in relation to
residential areas are required for submission and approval of EIA report
Item (7) Housing
Housing development covering an area of 50 hectares or more
Item (9) Infrastructure
(a) Construction of hospitals with outfall into beachfronts used for
recreational purpose
(b) Industrial estate development for medium and heavy industries
covering an area of50 hectares or more
(c) Construction ofexpressways
(d) Construction of national highways
(e) Construction of new townships
Furthermore all development carried out on hilly terrain with 26-35 degrees slope are
also 8ubjected to EIA reporting in line with Cabinet directive as detailed in the
Guidelines issued by the Ministry of Natural Resources and Environment (NIlE)
Malaysia
16
ii Determine effectiveness of EIA process as an environmental management tool
by reviewing issues commonly raised during EIA study
iii Examine and review the overall legislation requirements as well as
management practices for implementation of EIA on residential projects
IV Formulate or suggest needs to enhance the process to ensure environmental
8ustainability
6
21
CHAPTER 2
LITERATURE REVIEW
Definition ofHousing Development
From a housing developers perspective a house is a product which the housing
developer is authorised to sell (subject to such constraints imposed upon the housing
developer by the Housing Development (Control amp Licensing) Act 1966 as recently
amended 1st December 2002 and the Regulations made there under to any intending
and willing purchase at the price stipulated in the sales brochures However this
product need not be in existence when the sale and purchase agreement is signed but
must be completed and fit for occupancy when the final purchase price is paid
Under Section 3 of the Housing Development (Control amp Licensing) Act 1966 (effective
1st December 2002) the term housing development has been defined to mean the
construction of more than four units of housing accommodation for sale to the public
It also includes the sale of more than four units of housing lots by a landowner with a
view of constructing houses thereon by the same landowner or by his nominee The
term housing lots has been defined as any piece of land surveyed or otherwise to
which a lot number has been assigned to it and which is subject to the category of
building in accordance with the National Land Code 1965
7
22 Site Selection and Project Options
The consideration of alternatives in project planning is one of the most notable
preventative or mitigation measures for many housing projects Site selection will
determine the type and magnitude of environmental and social impacts resulting from
the development of housing and township areas
The location of new housing and township projects may cause public reaction It may be
a positive perception for development However it may be a concern particularly if the
facilities are visually obstructive and involve major environmental issues The impacts
will be utmost where the location is close either to the existing population or to unspoilt
natural areas Improper project selection or location can lead to significant socioshy
economic andor environment impacts that can result in the rejection of planning
permission
EIA study must provide justification for the project the project components layout
planning and the site selection Environmental considerations must be considered
alongside economic and engineering considerations
23 Identification of suitable sites and screening for housing and new
township development projects
Identification of a large study area and identification of suitable area through
elimination of unsuitable areas is called constraints mapping It is usually necessary
for large-scale housing and new township projects not attached to a specific location
8
(a) Determine site requirements
Determine the size of the project including any potential expansion of the project
in the future Access routes to the area such as road and highway interchange as
well as utilities for the proposed project site should also be determined
(b) Determine extent of study area
Determine the maximum radius of the study area based on the economic
feasibility of delivery distances from construction material sources and waste
disposal sites
(c) Determine regulatory constraints to project
Project proponent shall verify if the proposed project is classified under low costs
mediumcosts high costs or special and any regulatory constraints to project
based on the housing classification
Buffer zone should be established and the site should be able to accommodate
buffer zones with respect to air water and noise pollution and solid and toxic
waste problems Control problems will be expected in many cases and landscaping
can provide barriers to neighbours and improve aesthetics values
(d) Determine environment constraints
9
Verify if the area has incompatible past current zoned or potential uses as urban
areas areas of incompatible housing classification areas of high amenity value
(tourism potential gazetted beaches national parks and marine parks) area of
special scientific interest high ecological and scientific values or aesthetic values
It should also avoid unsuited areas to receive pollution loads air sheds and water
catchments areas as well as areas of national mineral reserves
Unique habitat areas should be avoided Siting the development area near or
ecologically or environmentally sensitive habitats (eg mangroves estuaries
wetlands coral reefs) can cause irreversible damage to these habitats and are I
costly to develop
I
(e) Determine engineering and economic constraints
The housing and new townships development should have due regard for their
potential to contaminate cause man-induced geo-hazards such as slope failures
and flooding
Areas that require excessive investment in infrastructure such as distance from
existing roads difficulties in access expensive or difficult site formation is
deeming constraints to a development Minimise earthworks by taking advantage
of natural contours
(D Establish suitable areas
10
Establish areas zoned for Prescribed Activity if any such as slope area or water
catchments areas Areas of cultural natural heritage and unique or important
archaeological historical or cultural interest site of special scientific interest
should be avoided
Constraint mapping technique is used to designate areas which have unsuitable
physical and other environmental characteristics using constraints listed above
Place shaded transparencies (or use a Geographical Information System (GIS)
over these low suitability areas on the study area map_ The unshaded area may be
considered generally suitable
(g) Public perception
Public acceptance through awareness and education programmes in the proposed
development project is deemed necessary Potential impacts and process
equipment by providing noise barrieradequate buffer is to be provided for the
welfare of the public
24 Environmental Impact Assessment (EIA)
242 Introduction
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
11
Lawrence (2003) defined ElA as a systematic process of
I Determining and managing (identifying describing measuring predicting
interpreting integrating communicating involving and controlling) the
ii Potential (or reaD impacts (direct and indirect individual and cumulative
likelihood of occurrence) opound
iii Proposed (or existing) human actions (projects plans programs legislation
activities) and their alternatives
IV Environment (physical chemical biological human health cultural social
economic built and interrelations)
ElA is essentially a planning tool for preventing environmental problems due to an
action It encompasses a broad definition of environment of alternatives and of
proposed actions It seeks to avoid costly mistakes in project implementation either
because of the environmental damages that are likely to arise during project
implementation or because of modifications that may be required subsequently in
order to make the action environmentally acceptable Thus the systematic exploration
of interrelationship (eg among environmental components between the proposal and
the environment among alternatives among impacts) is obviously crucial in ElA
242 BriefHistory ofEIA
EIA was first formally established in the USA in 1969 and has since spread in various
forms to most other countries (Glasson et al 1999) The US National Policy Act
(NEPA) 1969 was the first legislation to require ElAs Consequently it has become an
12
important model for EIA systems both because it was a radically new form of
environment policy and because of the success and failures of its subsequent
development
EIA systems are perceived in many ways Some are in the form of mandatory
regulations acts or statues which are generally enforced by the authorities
Preparation of an adequate EIA is required before permission is given for a project to
proceed In other cases EIA systems exist in the form of guidelines which are not
enforceable but generally imposed obligations on the administrating agency Other
legislations allow government officials to require EIAs to be prepared at their
discretion In some cases EIAs are prepared in an ad hoc manner often because
funding bodies requires them (eg World Bank Asia Development Bank) as part of a
funding approval process Some project developers have a policy to conduct EIA as part
of their management-planning tool
243 EIA History in Malaysia
The Environmental Quality Act (EQA) 1974 is a federal act relating to the preventive
abatement control of pollution and enhancement of the environment In the late
eighties four additional sets of regulations were introduced and enforced by the
Department of Environment (DOE) which includes Environmental Quality (Prescribed
Activities)(Environmental Impact Assessment Order) 1987 which concerns the
requirement ofEIA for the prescribed activity This order was enforced on the let April
1988 in aU 13 states
13
In 1993 four DOE States Office (Johor Penang Selangor and Sarawak) was given the
full responsibility to review and decide on all Preliminary EIA reports In 1999 the
decentralization of EIA review process was fully expanded to the rest of the States
office The States DOE approach was to be a one-stop agency to all relevant technical
departments and agencies from Federal and State to provide inputs or comments in the
review of EIA reports (Sentian amp Tuah 2001) DOE is authorized to agree to
environmental issues and mitigating measures addressed in the EIA report by the
project proponent and its EIA consultant Other relevant approving authorities will
oversee other aspects such as planning development licensing and permits before the
project can commence
Sarawak enforced its newly amended Natural Resources and Environment Ordinance
1949 on 1st February 1999 to cover the areas of environmental management of natural
resources A Natural Resources and Environmental Board was established to
administer the Ordinance which include the power to formulate or develop policies and
guidelines to ensure exploitation conservation and management of natural resources in
the state will not cause any adverse impact on the environment (Mamit 1997)
Sarawak EIA Order was enforced on the 1st September 1994 requiring any person to
carry out any prescribed activity to submit an EIA report to the Board
Conservation of Environment Enactment 1996 was created in Sabah It carries the core
function similar to those of Natural Resources Ordinance 1949 (Amended 1993) in
14
Sarawak Under this Enactment the Conservation of Environment (Prescribed
Activity) Order 1999 was made and came into force on 1st September 1999
244 Legislative requirement ofEIA for residential projects in Malaysia
EIA when integrated into the existing planning and decision-making machinery
provides additional information towards better decision-making It has been widely
accepted as a useful and beneficial tool before a decision is made in respect of any
proposed development
(j) Environmental Quality Act 1974 (EQA) and Environmental Quality (Prescribed
Activities)(Environmental Impact Assessment) ltAmendment) Order 1995
In Malaysia EIA is required under section 34A Environmental Quality Act 1974 It
was made mandatory for certain prescribed activities since 1st April 1988 with the
coming force of the Environmental Quality (Prescribed Activities)(Environmental
Impact Assessment) Order 1987
Section 34A of the EQA provides powers to the Minister to prescribe by order any
activity which may give significant environmental impacts as a prescribed activity for
which a report on an assessment of the impact(s) such an activity will have on the
environment be submitted to the Director General of Environmental Quality of
Department of Environment (DOE) for approval The submission of an EIA report for
15
approval by the Director General is a requirement prior to granting of approval by the
relevant project approving authority (ILBS 1994)
The Order listed 19 prescribed activities The following activities in relation to
residential areas are required for submission and approval of EIA report
Item (7) Housing
Housing development covering an area of 50 hectares or more
Item (9) Infrastructure
(a) Construction of hospitals with outfall into beachfronts used for
recreational purpose
(b) Industrial estate development for medium and heavy industries
covering an area of50 hectares or more
(c) Construction ofexpressways
(d) Construction of national highways
(e) Construction of new townships
Furthermore all development carried out on hilly terrain with 26-35 degrees slope are
also 8ubjected to EIA reporting in line with Cabinet directive as detailed in the
Guidelines issued by the Ministry of Natural Resources and Environment (NIlE)
Malaysia
16
21
CHAPTER 2
LITERATURE REVIEW
Definition ofHousing Development
From a housing developers perspective a house is a product which the housing
developer is authorised to sell (subject to such constraints imposed upon the housing
developer by the Housing Development (Control amp Licensing) Act 1966 as recently
amended 1st December 2002 and the Regulations made there under to any intending
and willing purchase at the price stipulated in the sales brochures However this
product need not be in existence when the sale and purchase agreement is signed but
must be completed and fit for occupancy when the final purchase price is paid
Under Section 3 of the Housing Development (Control amp Licensing) Act 1966 (effective
1st December 2002) the term housing development has been defined to mean the
construction of more than four units of housing accommodation for sale to the public
It also includes the sale of more than four units of housing lots by a landowner with a
view of constructing houses thereon by the same landowner or by his nominee The
term housing lots has been defined as any piece of land surveyed or otherwise to
which a lot number has been assigned to it and which is subject to the category of
building in accordance with the National Land Code 1965
7
22 Site Selection and Project Options
The consideration of alternatives in project planning is one of the most notable
preventative or mitigation measures for many housing projects Site selection will
determine the type and magnitude of environmental and social impacts resulting from
the development of housing and township areas
The location of new housing and township projects may cause public reaction It may be
a positive perception for development However it may be a concern particularly if the
facilities are visually obstructive and involve major environmental issues The impacts
will be utmost where the location is close either to the existing population or to unspoilt
natural areas Improper project selection or location can lead to significant socioshy
economic andor environment impacts that can result in the rejection of planning
permission
EIA study must provide justification for the project the project components layout
planning and the site selection Environmental considerations must be considered
alongside economic and engineering considerations
23 Identification of suitable sites and screening for housing and new
township development projects
Identification of a large study area and identification of suitable area through
elimination of unsuitable areas is called constraints mapping It is usually necessary
for large-scale housing and new township projects not attached to a specific location
8
(a) Determine site requirements
Determine the size of the project including any potential expansion of the project
in the future Access routes to the area such as road and highway interchange as
well as utilities for the proposed project site should also be determined
(b) Determine extent of study area
Determine the maximum radius of the study area based on the economic
feasibility of delivery distances from construction material sources and waste
disposal sites
(c) Determine regulatory constraints to project
Project proponent shall verify if the proposed project is classified under low costs
mediumcosts high costs or special and any regulatory constraints to project
based on the housing classification
Buffer zone should be established and the site should be able to accommodate
buffer zones with respect to air water and noise pollution and solid and toxic
waste problems Control problems will be expected in many cases and landscaping
can provide barriers to neighbours and improve aesthetics values
(d) Determine environment constraints
9
Verify if the area has incompatible past current zoned or potential uses as urban
areas areas of incompatible housing classification areas of high amenity value
(tourism potential gazetted beaches national parks and marine parks) area of
special scientific interest high ecological and scientific values or aesthetic values
It should also avoid unsuited areas to receive pollution loads air sheds and water
catchments areas as well as areas of national mineral reserves
Unique habitat areas should be avoided Siting the development area near or
ecologically or environmentally sensitive habitats (eg mangroves estuaries
wetlands coral reefs) can cause irreversible damage to these habitats and are I
costly to develop
I
(e) Determine engineering and economic constraints
The housing and new townships development should have due regard for their
potential to contaminate cause man-induced geo-hazards such as slope failures
and flooding
Areas that require excessive investment in infrastructure such as distance from
existing roads difficulties in access expensive or difficult site formation is
deeming constraints to a development Minimise earthworks by taking advantage
of natural contours
(D Establish suitable areas
10
Establish areas zoned for Prescribed Activity if any such as slope area or water
catchments areas Areas of cultural natural heritage and unique or important
archaeological historical or cultural interest site of special scientific interest
should be avoided
Constraint mapping technique is used to designate areas which have unsuitable
physical and other environmental characteristics using constraints listed above
Place shaded transparencies (or use a Geographical Information System (GIS)
over these low suitability areas on the study area map_ The unshaded area may be
considered generally suitable
(g) Public perception
Public acceptance through awareness and education programmes in the proposed
development project is deemed necessary Potential impacts and process
equipment by providing noise barrieradequate buffer is to be provided for the
welfare of the public
24 Environmental Impact Assessment (EIA)
242 Introduction
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
11
Lawrence (2003) defined ElA as a systematic process of
I Determining and managing (identifying describing measuring predicting
interpreting integrating communicating involving and controlling) the
ii Potential (or reaD impacts (direct and indirect individual and cumulative
likelihood of occurrence) opound
iii Proposed (or existing) human actions (projects plans programs legislation
activities) and their alternatives
IV Environment (physical chemical biological human health cultural social
economic built and interrelations)
ElA is essentially a planning tool for preventing environmental problems due to an
action It encompasses a broad definition of environment of alternatives and of
proposed actions It seeks to avoid costly mistakes in project implementation either
because of the environmental damages that are likely to arise during project
implementation or because of modifications that may be required subsequently in
order to make the action environmentally acceptable Thus the systematic exploration
of interrelationship (eg among environmental components between the proposal and
the environment among alternatives among impacts) is obviously crucial in ElA
242 BriefHistory ofEIA
EIA was first formally established in the USA in 1969 and has since spread in various
forms to most other countries (Glasson et al 1999) The US National Policy Act
(NEPA) 1969 was the first legislation to require ElAs Consequently it has become an
12
important model for EIA systems both because it was a radically new form of
environment policy and because of the success and failures of its subsequent
development
EIA systems are perceived in many ways Some are in the form of mandatory
regulations acts or statues which are generally enforced by the authorities
Preparation of an adequate EIA is required before permission is given for a project to
proceed In other cases EIA systems exist in the form of guidelines which are not
enforceable but generally imposed obligations on the administrating agency Other
legislations allow government officials to require EIAs to be prepared at their
discretion In some cases EIAs are prepared in an ad hoc manner often because
funding bodies requires them (eg World Bank Asia Development Bank) as part of a
funding approval process Some project developers have a policy to conduct EIA as part
of their management-planning tool
243 EIA History in Malaysia
The Environmental Quality Act (EQA) 1974 is a federal act relating to the preventive
abatement control of pollution and enhancement of the environment In the late
eighties four additional sets of regulations were introduced and enforced by the
Department of Environment (DOE) which includes Environmental Quality (Prescribed
Activities)(Environmental Impact Assessment Order) 1987 which concerns the
requirement ofEIA for the prescribed activity This order was enforced on the let April
1988 in aU 13 states
13
In 1993 four DOE States Office (Johor Penang Selangor and Sarawak) was given the
full responsibility to review and decide on all Preliminary EIA reports In 1999 the
decentralization of EIA review process was fully expanded to the rest of the States
office The States DOE approach was to be a one-stop agency to all relevant technical
departments and agencies from Federal and State to provide inputs or comments in the
review of EIA reports (Sentian amp Tuah 2001) DOE is authorized to agree to
environmental issues and mitigating measures addressed in the EIA report by the
project proponent and its EIA consultant Other relevant approving authorities will
oversee other aspects such as planning development licensing and permits before the
project can commence
Sarawak enforced its newly amended Natural Resources and Environment Ordinance
1949 on 1st February 1999 to cover the areas of environmental management of natural
resources A Natural Resources and Environmental Board was established to
administer the Ordinance which include the power to formulate or develop policies and
guidelines to ensure exploitation conservation and management of natural resources in
the state will not cause any adverse impact on the environment (Mamit 1997)
Sarawak EIA Order was enforced on the 1st September 1994 requiring any person to
carry out any prescribed activity to submit an EIA report to the Board
Conservation of Environment Enactment 1996 was created in Sabah It carries the core
function similar to those of Natural Resources Ordinance 1949 (Amended 1993) in
14
Sarawak Under this Enactment the Conservation of Environment (Prescribed
Activity) Order 1999 was made and came into force on 1st September 1999
244 Legislative requirement ofEIA for residential projects in Malaysia
EIA when integrated into the existing planning and decision-making machinery
provides additional information towards better decision-making It has been widely
accepted as a useful and beneficial tool before a decision is made in respect of any
proposed development
(j) Environmental Quality Act 1974 (EQA) and Environmental Quality (Prescribed
Activities)(Environmental Impact Assessment) ltAmendment) Order 1995
In Malaysia EIA is required under section 34A Environmental Quality Act 1974 It
was made mandatory for certain prescribed activities since 1st April 1988 with the
coming force of the Environmental Quality (Prescribed Activities)(Environmental
Impact Assessment) Order 1987
Section 34A of the EQA provides powers to the Minister to prescribe by order any
activity which may give significant environmental impacts as a prescribed activity for
which a report on an assessment of the impact(s) such an activity will have on the
environment be submitted to the Director General of Environmental Quality of
Department of Environment (DOE) for approval The submission of an EIA report for
15
approval by the Director General is a requirement prior to granting of approval by the
relevant project approving authority (ILBS 1994)
The Order listed 19 prescribed activities The following activities in relation to
residential areas are required for submission and approval of EIA report
Item (7) Housing
Housing development covering an area of 50 hectares or more
Item (9) Infrastructure
(a) Construction of hospitals with outfall into beachfronts used for
recreational purpose
(b) Industrial estate development for medium and heavy industries
covering an area of50 hectares or more
(c) Construction ofexpressways
(d) Construction of national highways
(e) Construction of new townships
Furthermore all development carried out on hilly terrain with 26-35 degrees slope are
also 8ubjected to EIA reporting in line with Cabinet directive as detailed in the
Guidelines issued by the Ministry of Natural Resources and Environment (NIlE)
Malaysia
16
22 Site Selection and Project Options
The consideration of alternatives in project planning is one of the most notable
preventative or mitigation measures for many housing projects Site selection will
determine the type and magnitude of environmental and social impacts resulting from
the development of housing and township areas
The location of new housing and township projects may cause public reaction It may be
a positive perception for development However it may be a concern particularly if the
facilities are visually obstructive and involve major environmental issues The impacts
will be utmost where the location is close either to the existing population or to unspoilt
natural areas Improper project selection or location can lead to significant socioshy
economic andor environment impacts that can result in the rejection of planning
permission
EIA study must provide justification for the project the project components layout
planning and the site selection Environmental considerations must be considered
alongside economic and engineering considerations
23 Identification of suitable sites and screening for housing and new
township development projects
Identification of a large study area and identification of suitable area through
elimination of unsuitable areas is called constraints mapping It is usually necessary
for large-scale housing and new township projects not attached to a specific location
8
(a) Determine site requirements
Determine the size of the project including any potential expansion of the project
in the future Access routes to the area such as road and highway interchange as
well as utilities for the proposed project site should also be determined
(b) Determine extent of study area
Determine the maximum radius of the study area based on the economic
feasibility of delivery distances from construction material sources and waste
disposal sites
(c) Determine regulatory constraints to project
Project proponent shall verify if the proposed project is classified under low costs
mediumcosts high costs or special and any regulatory constraints to project
based on the housing classification
Buffer zone should be established and the site should be able to accommodate
buffer zones with respect to air water and noise pollution and solid and toxic
waste problems Control problems will be expected in many cases and landscaping
can provide barriers to neighbours and improve aesthetics values
(d) Determine environment constraints
9
Verify if the area has incompatible past current zoned or potential uses as urban
areas areas of incompatible housing classification areas of high amenity value
(tourism potential gazetted beaches national parks and marine parks) area of
special scientific interest high ecological and scientific values or aesthetic values
It should also avoid unsuited areas to receive pollution loads air sheds and water
catchments areas as well as areas of national mineral reserves
Unique habitat areas should be avoided Siting the development area near or
ecologically or environmentally sensitive habitats (eg mangroves estuaries
wetlands coral reefs) can cause irreversible damage to these habitats and are I
costly to develop
I
(e) Determine engineering and economic constraints
The housing and new townships development should have due regard for their
potential to contaminate cause man-induced geo-hazards such as slope failures
and flooding
Areas that require excessive investment in infrastructure such as distance from
existing roads difficulties in access expensive or difficult site formation is
deeming constraints to a development Minimise earthworks by taking advantage
of natural contours
(D Establish suitable areas
10
Establish areas zoned for Prescribed Activity if any such as slope area or water
catchments areas Areas of cultural natural heritage and unique or important
archaeological historical or cultural interest site of special scientific interest
should be avoided
Constraint mapping technique is used to designate areas which have unsuitable
physical and other environmental characteristics using constraints listed above
Place shaded transparencies (or use a Geographical Information System (GIS)
over these low suitability areas on the study area map_ The unshaded area may be
considered generally suitable
(g) Public perception
Public acceptance through awareness and education programmes in the proposed
development project is deemed necessary Potential impacts and process
equipment by providing noise barrieradequate buffer is to be provided for the
welfare of the public
24 Environmental Impact Assessment (EIA)
242 Introduction
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
11
Lawrence (2003) defined ElA as a systematic process of
I Determining and managing (identifying describing measuring predicting
interpreting integrating communicating involving and controlling) the
ii Potential (or reaD impacts (direct and indirect individual and cumulative
likelihood of occurrence) opound
iii Proposed (or existing) human actions (projects plans programs legislation
activities) and their alternatives
IV Environment (physical chemical biological human health cultural social
economic built and interrelations)
ElA is essentially a planning tool for preventing environmental problems due to an
action It encompasses a broad definition of environment of alternatives and of
proposed actions It seeks to avoid costly mistakes in project implementation either
because of the environmental damages that are likely to arise during project
implementation or because of modifications that may be required subsequently in
order to make the action environmentally acceptable Thus the systematic exploration
of interrelationship (eg among environmental components between the proposal and
the environment among alternatives among impacts) is obviously crucial in ElA
242 BriefHistory ofEIA
EIA was first formally established in the USA in 1969 and has since spread in various
forms to most other countries (Glasson et al 1999) The US National Policy Act
(NEPA) 1969 was the first legislation to require ElAs Consequently it has become an
12
important model for EIA systems both because it was a radically new form of
environment policy and because of the success and failures of its subsequent
development
EIA systems are perceived in many ways Some are in the form of mandatory
regulations acts or statues which are generally enforced by the authorities
Preparation of an adequate EIA is required before permission is given for a project to
proceed In other cases EIA systems exist in the form of guidelines which are not
enforceable but generally imposed obligations on the administrating agency Other
legislations allow government officials to require EIAs to be prepared at their
discretion In some cases EIAs are prepared in an ad hoc manner often because
funding bodies requires them (eg World Bank Asia Development Bank) as part of a
funding approval process Some project developers have a policy to conduct EIA as part
of their management-planning tool
243 EIA History in Malaysia
The Environmental Quality Act (EQA) 1974 is a federal act relating to the preventive
abatement control of pollution and enhancement of the environment In the late
eighties four additional sets of regulations were introduced and enforced by the
Department of Environment (DOE) which includes Environmental Quality (Prescribed
Activities)(Environmental Impact Assessment Order) 1987 which concerns the
requirement ofEIA for the prescribed activity This order was enforced on the let April
1988 in aU 13 states
13
In 1993 four DOE States Office (Johor Penang Selangor and Sarawak) was given the
full responsibility to review and decide on all Preliminary EIA reports In 1999 the
decentralization of EIA review process was fully expanded to the rest of the States
office The States DOE approach was to be a one-stop agency to all relevant technical
departments and agencies from Federal and State to provide inputs or comments in the
review of EIA reports (Sentian amp Tuah 2001) DOE is authorized to agree to
environmental issues and mitigating measures addressed in the EIA report by the
project proponent and its EIA consultant Other relevant approving authorities will
oversee other aspects such as planning development licensing and permits before the
project can commence
Sarawak enforced its newly amended Natural Resources and Environment Ordinance
1949 on 1st February 1999 to cover the areas of environmental management of natural
resources A Natural Resources and Environmental Board was established to
administer the Ordinance which include the power to formulate or develop policies and
guidelines to ensure exploitation conservation and management of natural resources in
the state will not cause any adverse impact on the environment (Mamit 1997)
Sarawak EIA Order was enforced on the 1st September 1994 requiring any person to
carry out any prescribed activity to submit an EIA report to the Board
Conservation of Environment Enactment 1996 was created in Sabah It carries the core
function similar to those of Natural Resources Ordinance 1949 (Amended 1993) in
14
Sarawak Under this Enactment the Conservation of Environment (Prescribed
Activity) Order 1999 was made and came into force on 1st September 1999
244 Legislative requirement ofEIA for residential projects in Malaysia
EIA when integrated into the existing planning and decision-making machinery
provides additional information towards better decision-making It has been widely
accepted as a useful and beneficial tool before a decision is made in respect of any
proposed development
(j) Environmental Quality Act 1974 (EQA) and Environmental Quality (Prescribed
Activities)(Environmental Impact Assessment) ltAmendment) Order 1995
In Malaysia EIA is required under section 34A Environmental Quality Act 1974 It
was made mandatory for certain prescribed activities since 1st April 1988 with the
coming force of the Environmental Quality (Prescribed Activities)(Environmental
Impact Assessment) Order 1987
Section 34A of the EQA provides powers to the Minister to prescribe by order any
activity which may give significant environmental impacts as a prescribed activity for
which a report on an assessment of the impact(s) such an activity will have on the
environment be submitted to the Director General of Environmental Quality of
Department of Environment (DOE) for approval The submission of an EIA report for
15
approval by the Director General is a requirement prior to granting of approval by the
relevant project approving authority (ILBS 1994)
The Order listed 19 prescribed activities The following activities in relation to
residential areas are required for submission and approval of EIA report
Item (7) Housing
Housing development covering an area of 50 hectares or more
Item (9) Infrastructure
(a) Construction of hospitals with outfall into beachfronts used for
recreational purpose
(b) Industrial estate development for medium and heavy industries
covering an area of50 hectares or more
(c) Construction ofexpressways
(d) Construction of national highways
(e) Construction of new townships
Furthermore all development carried out on hilly terrain with 26-35 degrees slope are
also 8ubjected to EIA reporting in line with Cabinet directive as detailed in the
Guidelines issued by the Ministry of Natural Resources and Environment (NIlE)
Malaysia
16
(a) Determine site requirements
Determine the size of the project including any potential expansion of the project
in the future Access routes to the area such as road and highway interchange as
well as utilities for the proposed project site should also be determined
(b) Determine extent of study area
Determine the maximum radius of the study area based on the economic
feasibility of delivery distances from construction material sources and waste
disposal sites
(c) Determine regulatory constraints to project
Project proponent shall verify if the proposed project is classified under low costs
mediumcosts high costs or special and any regulatory constraints to project
based on the housing classification
Buffer zone should be established and the site should be able to accommodate
buffer zones with respect to air water and noise pollution and solid and toxic
waste problems Control problems will be expected in many cases and landscaping
can provide barriers to neighbours and improve aesthetics values
(d) Determine environment constraints
9
Verify if the area has incompatible past current zoned or potential uses as urban
areas areas of incompatible housing classification areas of high amenity value
(tourism potential gazetted beaches national parks and marine parks) area of
special scientific interest high ecological and scientific values or aesthetic values
It should also avoid unsuited areas to receive pollution loads air sheds and water
catchments areas as well as areas of national mineral reserves
Unique habitat areas should be avoided Siting the development area near or
ecologically or environmentally sensitive habitats (eg mangroves estuaries
wetlands coral reefs) can cause irreversible damage to these habitats and are I
costly to develop
I
(e) Determine engineering and economic constraints
The housing and new townships development should have due regard for their
potential to contaminate cause man-induced geo-hazards such as slope failures
and flooding
Areas that require excessive investment in infrastructure such as distance from
existing roads difficulties in access expensive or difficult site formation is
deeming constraints to a development Minimise earthworks by taking advantage
of natural contours
(D Establish suitable areas
10
Establish areas zoned for Prescribed Activity if any such as slope area or water
catchments areas Areas of cultural natural heritage and unique or important
archaeological historical or cultural interest site of special scientific interest
should be avoided
Constraint mapping technique is used to designate areas which have unsuitable
physical and other environmental characteristics using constraints listed above
Place shaded transparencies (or use a Geographical Information System (GIS)
over these low suitability areas on the study area map_ The unshaded area may be
considered generally suitable
(g) Public perception
Public acceptance through awareness and education programmes in the proposed
development project is deemed necessary Potential impacts and process
equipment by providing noise barrieradequate buffer is to be provided for the
welfare of the public
24 Environmental Impact Assessment (EIA)
242 Introduction
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
11
Lawrence (2003) defined ElA as a systematic process of
I Determining and managing (identifying describing measuring predicting
interpreting integrating communicating involving and controlling) the
ii Potential (or reaD impacts (direct and indirect individual and cumulative
likelihood of occurrence) opound
iii Proposed (or existing) human actions (projects plans programs legislation
activities) and their alternatives
IV Environment (physical chemical biological human health cultural social
economic built and interrelations)
ElA is essentially a planning tool for preventing environmental problems due to an
action It encompasses a broad definition of environment of alternatives and of
proposed actions It seeks to avoid costly mistakes in project implementation either
because of the environmental damages that are likely to arise during project
implementation or because of modifications that may be required subsequently in
order to make the action environmentally acceptable Thus the systematic exploration
of interrelationship (eg among environmental components between the proposal and
the environment among alternatives among impacts) is obviously crucial in ElA
242 BriefHistory ofEIA
EIA was first formally established in the USA in 1969 and has since spread in various
forms to most other countries (Glasson et al 1999) The US National Policy Act
(NEPA) 1969 was the first legislation to require ElAs Consequently it has become an
12
important model for EIA systems both because it was a radically new form of
environment policy and because of the success and failures of its subsequent
development
EIA systems are perceived in many ways Some are in the form of mandatory
regulations acts or statues which are generally enforced by the authorities
Preparation of an adequate EIA is required before permission is given for a project to
proceed In other cases EIA systems exist in the form of guidelines which are not
enforceable but generally imposed obligations on the administrating agency Other
legislations allow government officials to require EIAs to be prepared at their
discretion In some cases EIAs are prepared in an ad hoc manner often because
funding bodies requires them (eg World Bank Asia Development Bank) as part of a
funding approval process Some project developers have a policy to conduct EIA as part
of their management-planning tool
243 EIA History in Malaysia
The Environmental Quality Act (EQA) 1974 is a federal act relating to the preventive
abatement control of pollution and enhancement of the environment In the late
eighties four additional sets of regulations were introduced and enforced by the
Department of Environment (DOE) which includes Environmental Quality (Prescribed
Activities)(Environmental Impact Assessment Order) 1987 which concerns the
requirement ofEIA for the prescribed activity This order was enforced on the let April
1988 in aU 13 states
13
In 1993 four DOE States Office (Johor Penang Selangor and Sarawak) was given the
full responsibility to review and decide on all Preliminary EIA reports In 1999 the
decentralization of EIA review process was fully expanded to the rest of the States
office The States DOE approach was to be a one-stop agency to all relevant technical
departments and agencies from Federal and State to provide inputs or comments in the
review of EIA reports (Sentian amp Tuah 2001) DOE is authorized to agree to
environmental issues and mitigating measures addressed in the EIA report by the
project proponent and its EIA consultant Other relevant approving authorities will
oversee other aspects such as planning development licensing and permits before the
project can commence
Sarawak enforced its newly amended Natural Resources and Environment Ordinance
1949 on 1st February 1999 to cover the areas of environmental management of natural
resources A Natural Resources and Environmental Board was established to
administer the Ordinance which include the power to formulate or develop policies and
guidelines to ensure exploitation conservation and management of natural resources in
the state will not cause any adverse impact on the environment (Mamit 1997)
Sarawak EIA Order was enforced on the 1st September 1994 requiring any person to
carry out any prescribed activity to submit an EIA report to the Board
Conservation of Environment Enactment 1996 was created in Sabah It carries the core
function similar to those of Natural Resources Ordinance 1949 (Amended 1993) in
14
Sarawak Under this Enactment the Conservation of Environment (Prescribed
Activity) Order 1999 was made and came into force on 1st September 1999
244 Legislative requirement ofEIA for residential projects in Malaysia
EIA when integrated into the existing planning and decision-making machinery
provides additional information towards better decision-making It has been widely
accepted as a useful and beneficial tool before a decision is made in respect of any
proposed development
(j) Environmental Quality Act 1974 (EQA) and Environmental Quality (Prescribed
Activities)(Environmental Impact Assessment) ltAmendment) Order 1995
In Malaysia EIA is required under section 34A Environmental Quality Act 1974 It
was made mandatory for certain prescribed activities since 1st April 1988 with the
coming force of the Environmental Quality (Prescribed Activities)(Environmental
Impact Assessment) Order 1987
Section 34A of the EQA provides powers to the Minister to prescribe by order any
activity which may give significant environmental impacts as a prescribed activity for
which a report on an assessment of the impact(s) such an activity will have on the
environment be submitted to the Director General of Environmental Quality of
Department of Environment (DOE) for approval The submission of an EIA report for
15
approval by the Director General is a requirement prior to granting of approval by the
relevant project approving authority (ILBS 1994)
The Order listed 19 prescribed activities The following activities in relation to
residential areas are required for submission and approval of EIA report
Item (7) Housing
Housing development covering an area of 50 hectares or more
Item (9) Infrastructure
(a) Construction of hospitals with outfall into beachfronts used for
recreational purpose
(b) Industrial estate development for medium and heavy industries
covering an area of50 hectares or more
(c) Construction ofexpressways
(d) Construction of national highways
(e) Construction of new townships
Furthermore all development carried out on hilly terrain with 26-35 degrees slope are
also 8ubjected to EIA reporting in line with Cabinet directive as detailed in the
Guidelines issued by the Ministry of Natural Resources and Environment (NIlE)
Malaysia
16
Verify if the area has incompatible past current zoned or potential uses as urban
areas areas of incompatible housing classification areas of high amenity value
(tourism potential gazetted beaches national parks and marine parks) area of
special scientific interest high ecological and scientific values or aesthetic values
It should also avoid unsuited areas to receive pollution loads air sheds and water
catchments areas as well as areas of national mineral reserves
Unique habitat areas should be avoided Siting the development area near or
ecologically or environmentally sensitive habitats (eg mangroves estuaries
wetlands coral reefs) can cause irreversible damage to these habitats and are I
costly to develop
I
(e) Determine engineering and economic constraints
The housing and new townships development should have due regard for their
potential to contaminate cause man-induced geo-hazards such as slope failures
and flooding
Areas that require excessive investment in infrastructure such as distance from
existing roads difficulties in access expensive or difficult site formation is
deeming constraints to a development Minimise earthworks by taking advantage
of natural contours
(D Establish suitable areas
10
Establish areas zoned for Prescribed Activity if any such as slope area or water
catchments areas Areas of cultural natural heritage and unique or important
archaeological historical or cultural interest site of special scientific interest
should be avoided
Constraint mapping technique is used to designate areas which have unsuitable
physical and other environmental characteristics using constraints listed above
Place shaded transparencies (or use a Geographical Information System (GIS)
over these low suitability areas on the study area map_ The unshaded area may be
considered generally suitable
(g) Public perception
Public acceptance through awareness and education programmes in the proposed
development project is deemed necessary Potential impacts and process
equipment by providing noise barrieradequate buffer is to be provided for the
welfare of the public
24 Environmental Impact Assessment (EIA)
242 Introduction
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
11
Lawrence (2003) defined ElA as a systematic process of
I Determining and managing (identifying describing measuring predicting
interpreting integrating communicating involving and controlling) the
ii Potential (or reaD impacts (direct and indirect individual and cumulative
likelihood of occurrence) opound
iii Proposed (or existing) human actions (projects plans programs legislation
activities) and their alternatives
IV Environment (physical chemical biological human health cultural social
economic built and interrelations)
ElA is essentially a planning tool for preventing environmental problems due to an
action It encompasses a broad definition of environment of alternatives and of
proposed actions It seeks to avoid costly mistakes in project implementation either
because of the environmental damages that are likely to arise during project
implementation or because of modifications that may be required subsequently in
order to make the action environmentally acceptable Thus the systematic exploration
of interrelationship (eg among environmental components between the proposal and
the environment among alternatives among impacts) is obviously crucial in ElA
242 BriefHistory ofEIA
EIA was first formally established in the USA in 1969 and has since spread in various
forms to most other countries (Glasson et al 1999) The US National Policy Act
(NEPA) 1969 was the first legislation to require ElAs Consequently it has become an
12
important model for EIA systems both because it was a radically new form of
environment policy and because of the success and failures of its subsequent
development
EIA systems are perceived in many ways Some are in the form of mandatory
regulations acts or statues which are generally enforced by the authorities
Preparation of an adequate EIA is required before permission is given for a project to
proceed In other cases EIA systems exist in the form of guidelines which are not
enforceable but generally imposed obligations on the administrating agency Other
legislations allow government officials to require EIAs to be prepared at their
discretion In some cases EIAs are prepared in an ad hoc manner often because
funding bodies requires them (eg World Bank Asia Development Bank) as part of a
funding approval process Some project developers have a policy to conduct EIA as part
of their management-planning tool
243 EIA History in Malaysia
The Environmental Quality Act (EQA) 1974 is a federal act relating to the preventive
abatement control of pollution and enhancement of the environment In the late
eighties four additional sets of regulations were introduced and enforced by the
Department of Environment (DOE) which includes Environmental Quality (Prescribed
Activities)(Environmental Impact Assessment Order) 1987 which concerns the
requirement ofEIA for the prescribed activity This order was enforced on the let April
1988 in aU 13 states
13
In 1993 four DOE States Office (Johor Penang Selangor and Sarawak) was given the
full responsibility to review and decide on all Preliminary EIA reports In 1999 the
decentralization of EIA review process was fully expanded to the rest of the States
office The States DOE approach was to be a one-stop agency to all relevant technical
departments and agencies from Federal and State to provide inputs or comments in the
review of EIA reports (Sentian amp Tuah 2001) DOE is authorized to agree to
environmental issues and mitigating measures addressed in the EIA report by the
project proponent and its EIA consultant Other relevant approving authorities will
oversee other aspects such as planning development licensing and permits before the
project can commence
Sarawak enforced its newly amended Natural Resources and Environment Ordinance
1949 on 1st February 1999 to cover the areas of environmental management of natural
resources A Natural Resources and Environmental Board was established to
administer the Ordinance which include the power to formulate or develop policies and
guidelines to ensure exploitation conservation and management of natural resources in
the state will not cause any adverse impact on the environment (Mamit 1997)
Sarawak EIA Order was enforced on the 1st September 1994 requiring any person to
carry out any prescribed activity to submit an EIA report to the Board
Conservation of Environment Enactment 1996 was created in Sabah It carries the core
function similar to those of Natural Resources Ordinance 1949 (Amended 1993) in
14
Sarawak Under this Enactment the Conservation of Environment (Prescribed
Activity) Order 1999 was made and came into force on 1st September 1999
244 Legislative requirement ofEIA for residential projects in Malaysia
EIA when integrated into the existing planning and decision-making machinery
provides additional information towards better decision-making It has been widely
accepted as a useful and beneficial tool before a decision is made in respect of any
proposed development
(j) Environmental Quality Act 1974 (EQA) and Environmental Quality (Prescribed
Activities)(Environmental Impact Assessment) ltAmendment) Order 1995
In Malaysia EIA is required under section 34A Environmental Quality Act 1974 It
was made mandatory for certain prescribed activities since 1st April 1988 with the
coming force of the Environmental Quality (Prescribed Activities)(Environmental
Impact Assessment) Order 1987
Section 34A of the EQA provides powers to the Minister to prescribe by order any
activity which may give significant environmental impacts as a prescribed activity for
which a report on an assessment of the impact(s) such an activity will have on the
environment be submitted to the Director General of Environmental Quality of
Department of Environment (DOE) for approval The submission of an EIA report for
15
approval by the Director General is a requirement prior to granting of approval by the
relevant project approving authority (ILBS 1994)
The Order listed 19 prescribed activities The following activities in relation to
residential areas are required for submission and approval of EIA report
Item (7) Housing
Housing development covering an area of 50 hectares or more
Item (9) Infrastructure
(a) Construction of hospitals with outfall into beachfronts used for
recreational purpose
(b) Industrial estate development for medium and heavy industries
covering an area of50 hectares or more
(c) Construction ofexpressways
(d) Construction of national highways
(e) Construction of new townships
Furthermore all development carried out on hilly terrain with 26-35 degrees slope are
also 8ubjected to EIA reporting in line with Cabinet directive as detailed in the
Guidelines issued by the Ministry of Natural Resources and Environment (NIlE)
Malaysia
16
Establish areas zoned for Prescribed Activity if any such as slope area or water
catchments areas Areas of cultural natural heritage and unique or important
archaeological historical or cultural interest site of special scientific interest
should be avoided
Constraint mapping technique is used to designate areas which have unsuitable
physical and other environmental characteristics using constraints listed above
Place shaded transparencies (or use a Geographical Information System (GIS)
over these low suitability areas on the study area map_ The unshaded area may be
considered generally suitable
(g) Public perception
Public acceptance through awareness and education programmes in the proposed
development project is deemed necessary Potential impacts and process
equipment by providing noise barrieradequate buffer is to be provided for the
welfare of the public
24 Environmental Impact Assessment (EIA)
242 Introduction
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
11
Lawrence (2003) defined ElA as a systematic process of
I Determining and managing (identifying describing measuring predicting
interpreting integrating communicating involving and controlling) the
ii Potential (or reaD impacts (direct and indirect individual and cumulative
likelihood of occurrence) opound
iii Proposed (or existing) human actions (projects plans programs legislation
activities) and their alternatives
IV Environment (physical chemical biological human health cultural social
economic built and interrelations)
ElA is essentially a planning tool for preventing environmental problems due to an
action It encompasses a broad definition of environment of alternatives and of
proposed actions It seeks to avoid costly mistakes in project implementation either
because of the environmental damages that are likely to arise during project
implementation or because of modifications that may be required subsequently in
order to make the action environmentally acceptable Thus the systematic exploration
of interrelationship (eg among environmental components between the proposal and
the environment among alternatives among impacts) is obviously crucial in ElA
242 BriefHistory ofEIA
EIA was first formally established in the USA in 1969 and has since spread in various
forms to most other countries (Glasson et al 1999) The US National Policy Act
(NEPA) 1969 was the first legislation to require ElAs Consequently it has become an
12
important model for EIA systems both because it was a radically new form of
environment policy and because of the success and failures of its subsequent
development
EIA systems are perceived in many ways Some are in the form of mandatory
regulations acts or statues which are generally enforced by the authorities
Preparation of an adequate EIA is required before permission is given for a project to
proceed In other cases EIA systems exist in the form of guidelines which are not
enforceable but generally imposed obligations on the administrating agency Other
legislations allow government officials to require EIAs to be prepared at their
discretion In some cases EIAs are prepared in an ad hoc manner often because
funding bodies requires them (eg World Bank Asia Development Bank) as part of a
funding approval process Some project developers have a policy to conduct EIA as part
of their management-planning tool
243 EIA History in Malaysia
The Environmental Quality Act (EQA) 1974 is a federal act relating to the preventive
abatement control of pollution and enhancement of the environment In the late
eighties four additional sets of regulations were introduced and enforced by the
Department of Environment (DOE) which includes Environmental Quality (Prescribed
Activities)(Environmental Impact Assessment Order) 1987 which concerns the
requirement ofEIA for the prescribed activity This order was enforced on the let April
1988 in aU 13 states
13
In 1993 four DOE States Office (Johor Penang Selangor and Sarawak) was given the
full responsibility to review and decide on all Preliminary EIA reports In 1999 the
decentralization of EIA review process was fully expanded to the rest of the States
office The States DOE approach was to be a one-stop agency to all relevant technical
departments and agencies from Federal and State to provide inputs or comments in the
review of EIA reports (Sentian amp Tuah 2001) DOE is authorized to agree to
environmental issues and mitigating measures addressed in the EIA report by the
project proponent and its EIA consultant Other relevant approving authorities will
oversee other aspects such as planning development licensing and permits before the
project can commence
Sarawak enforced its newly amended Natural Resources and Environment Ordinance
1949 on 1st February 1999 to cover the areas of environmental management of natural
resources A Natural Resources and Environmental Board was established to
administer the Ordinance which include the power to formulate or develop policies and
guidelines to ensure exploitation conservation and management of natural resources in
the state will not cause any adverse impact on the environment (Mamit 1997)
Sarawak EIA Order was enforced on the 1st September 1994 requiring any person to
carry out any prescribed activity to submit an EIA report to the Board
Conservation of Environment Enactment 1996 was created in Sabah It carries the core
function similar to those of Natural Resources Ordinance 1949 (Amended 1993) in
14
Sarawak Under this Enactment the Conservation of Environment (Prescribed
Activity) Order 1999 was made and came into force on 1st September 1999
244 Legislative requirement ofEIA for residential projects in Malaysia
EIA when integrated into the existing planning and decision-making machinery
provides additional information towards better decision-making It has been widely
accepted as a useful and beneficial tool before a decision is made in respect of any
proposed development
(j) Environmental Quality Act 1974 (EQA) and Environmental Quality (Prescribed
Activities)(Environmental Impact Assessment) ltAmendment) Order 1995
In Malaysia EIA is required under section 34A Environmental Quality Act 1974 It
was made mandatory for certain prescribed activities since 1st April 1988 with the
coming force of the Environmental Quality (Prescribed Activities)(Environmental
Impact Assessment) Order 1987
Section 34A of the EQA provides powers to the Minister to prescribe by order any
activity which may give significant environmental impacts as a prescribed activity for
which a report on an assessment of the impact(s) such an activity will have on the
environment be submitted to the Director General of Environmental Quality of
Department of Environment (DOE) for approval The submission of an EIA report for
15
approval by the Director General is a requirement prior to granting of approval by the
relevant project approving authority (ILBS 1994)
The Order listed 19 prescribed activities The following activities in relation to
residential areas are required for submission and approval of EIA report
Item (7) Housing
Housing development covering an area of 50 hectares or more
Item (9) Infrastructure
(a) Construction of hospitals with outfall into beachfronts used for
recreational purpose
(b) Industrial estate development for medium and heavy industries
covering an area of50 hectares or more
(c) Construction ofexpressways
(d) Construction of national highways
(e) Construction of new townships
Furthermore all development carried out on hilly terrain with 26-35 degrees slope are
also 8ubjected to EIA reporting in line with Cabinet directive as detailed in the
Guidelines issued by the Ministry of Natural Resources and Environment (NIlE)
Malaysia
16
Lawrence (2003) defined ElA as a systematic process of
I Determining and managing (identifying describing measuring predicting
interpreting integrating communicating involving and controlling) the
ii Potential (or reaD impacts (direct and indirect individual and cumulative
likelihood of occurrence) opound
iii Proposed (or existing) human actions (projects plans programs legislation
activities) and their alternatives
IV Environment (physical chemical biological human health cultural social
economic built and interrelations)
ElA is essentially a planning tool for preventing environmental problems due to an
action It encompasses a broad definition of environment of alternatives and of
proposed actions It seeks to avoid costly mistakes in project implementation either
because of the environmental damages that are likely to arise during project
implementation or because of modifications that may be required subsequently in
order to make the action environmentally acceptable Thus the systematic exploration
of interrelationship (eg among environmental components between the proposal and
the environment among alternatives among impacts) is obviously crucial in ElA
242 BriefHistory ofEIA
EIA was first formally established in the USA in 1969 and has since spread in various
forms to most other countries (Glasson et al 1999) The US National Policy Act
(NEPA) 1969 was the first legislation to require ElAs Consequently it has become an
12
important model for EIA systems both because it was a radically new form of
environment policy and because of the success and failures of its subsequent
development
EIA systems are perceived in many ways Some are in the form of mandatory
regulations acts or statues which are generally enforced by the authorities
Preparation of an adequate EIA is required before permission is given for a project to
proceed In other cases EIA systems exist in the form of guidelines which are not
enforceable but generally imposed obligations on the administrating agency Other
legislations allow government officials to require EIAs to be prepared at their
discretion In some cases EIAs are prepared in an ad hoc manner often because
funding bodies requires them (eg World Bank Asia Development Bank) as part of a
funding approval process Some project developers have a policy to conduct EIA as part
of their management-planning tool
243 EIA History in Malaysia
The Environmental Quality Act (EQA) 1974 is a federal act relating to the preventive
abatement control of pollution and enhancement of the environment In the late
eighties four additional sets of regulations were introduced and enforced by the
Department of Environment (DOE) which includes Environmental Quality (Prescribed
Activities)(Environmental Impact Assessment Order) 1987 which concerns the
requirement ofEIA for the prescribed activity This order was enforced on the let April
1988 in aU 13 states
13
In 1993 four DOE States Office (Johor Penang Selangor and Sarawak) was given the
full responsibility to review and decide on all Preliminary EIA reports In 1999 the
decentralization of EIA review process was fully expanded to the rest of the States
office The States DOE approach was to be a one-stop agency to all relevant technical
departments and agencies from Federal and State to provide inputs or comments in the
review of EIA reports (Sentian amp Tuah 2001) DOE is authorized to agree to
environmental issues and mitigating measures addressed in the EIA report by the
project proponent and its EIA consultant Other relevant approving authorities will
oversee other aspects such as planning development licensing and permits before the
project can commence
Sarawak enforced its newly amended Natural Resources and Environment Ordinance
1949 on 1st February 1999 to cover the areas of environmental management of natural
resources A Natural Resources and Environmental Board was established to
administer the Ordinance which include the power to formulate or develop policies and
guidelines to ensure exploitation conservation and management of natural resources in
the state will not cause any adverse impact on the environment (Mamit 1997)
Sarawak EIA Order was enforced on the 1st September 1994 requiring any person to
carry out any prescribed activity to submit an EIA report to the Board
Conservation of Environment Enactment 1996 was created in Sabah It carries the core
function similar to those of Natural Resources Ordinance 1949 (Amended 1993) in
14
Sarawak Under this Enactment the Conservation of Environment (Prescribed
Activity) Order 1999 was made and came into force on 1st September 1999
244 Legislative requirement ofEIA for residential projects in Malaysia
EIA when integrated into the existing planning and decision-making machinery
provides additional information towards better decision-making It has been widely
accepted as a useful and beneficial tool before a decision is made in respect of any
proposed development
(j) Environmental Quality Act 1974 (EQA) and Environmental Quality (Prescribed
Activities)(Environmental Impact Assessment) ltAmendment) Order 1995
In Malaysia EIA is required under section 34A Environmental Quality Act 1974 It
was made mandatory for certain prescribed activities since 1st April 1988 with the
coming force of the Environmental Quality (Prescribed Activities)(Environmental
Impact Assessment) Order 1987
Section 34A of the EQA provides powers to the Minister to prescribe by order any
activity which may give significant environmental impacts as a prescribed activity for
which a report on an assessment of the impact(s) such an activity will have on the
environment be submitted to the Director General of Environmental Quality of
Department of Environment (DOE) for approval The submission of an EIA report for
15
approval by the Director General is a requirement prior to granting of approval by the
relevant project approving authority (ILBS 1994)
The Order listed 19 prescribed activities The following activities in relation to
residential areas are required for submission and approval of EIA report
Item (7) Housing
Housing development covering an area of 50 hectares or more
Item (9) Infrastructure
(a) Construction of hospitals with outfall into beachfronts used for
recreational purpose
(b) Industrial estate development for medium and heavy industries
covering an area of50 hectares or more
(c) Construction ofexpressways
(d) Construction of national highways
(e) Construction of new townships
Furthermore all development carried out on hilly terrain with 26-35 degrees slope are
also 8ubjected to EIA reporting in line with Cabinet directive as detailed in the
Guidelines issued by the Ministry of Natural Resources and Environment (NIlE)
Malaysia
16
important model for EIA systems both because it was a radically new form of
environment policy and because of the success and failures of its subsequent
development
EIA systems are perceived in many ways Some are in the form of mandatory
regulations acts or statues which are generally enforced by the authorities
Preparation of an adequate EIA is required before permission is given for a project to
proceed In other cases EIA systems exist in the form of guidelines which are not
enforceable but generally imposed obligations on the administrating agency Other
legislations allow government officials to require EIAs to be prepared at their
discretion In some cases EIAs are prepared in an ad hoc manner often because
funding bodies requires them (eg World Bank Asia Development Bank) as part of a
funding approval process Some project developers have a policy to conduct EIA as part
of their management-planning tool
243 EIA History in Malaysia
The Environmental Quality Act (EQA) 1974 is a federal act relating to the preventive
abatement control of pollution and enhancement of the environment In the late
eighties four additional sets of regulations were introduced and enforced by the
Department of Environment (DOE) which includes Environmental Quality (Prescribed
Activities)(Environmental Impact Assessment Order) 1987 which concerns the
requirement ofEIA for the prescribed activity This order was enforced on the let April
1988 in aU 13 states
13
In 1993 four DOE States Office (Johor Penang Selangor and Sarawak) was given the
full responsibility to review and decide on all Preliminary EIA reports In 1999 the
decentralization of EIA review process was fully expanded to the rest of the States
office The States DOE approach was to be a one-stop agency to all relevant technical
departments and agencies from Federal and State to provide inputs or comments in the
review of EIA reports (Sentian amp Tuah 2001) DOE is authorized to agree to
environmental issues and mitigating measures addressed in the EIA report by the
project proponent and its EIA consultant Other relevant approving authorities will
oversee other aspects such as planning development licensing and permits before the
project can commence
Sarawak enforced its newly amended Natural Resources and Environment Ordinance
1949 on 1st February 1999 to cover the areas of environmental management of natural
resources A Natural Resources and Environmental Board was established to
administer the Ordinance which include the power to formulate or develop policies and
guidelines to ensure exploitation conservation and management of natural resources in
the state will not cause any adverse impact on the environment (Mamit 1997)
Sarawak EIA Order was enforced on the 1st September 1994 requiring any person to
carry out any prescribed activity to submit an EIA report to the Board
Conservation of Environment Enactment 1996 was created in Sabah It carries the core
function similar to those of Natural Resources Ordinance 1949 (Amended 1993) in
14
Sarawak Under this Enactment the Conservation of Environment (Prescribed
Activity) Order 1999 was made and came into force on 1st September 1999
244 Legislative requirement ofEIA for residential projects in Malaysia
EIA when integrated into the existing planning and decision-making machinery
provides additional information towards better decision-making It has been widely
accepted as a useful and beneficial tool before a decision is made in respect of any
proposed development
(j) Environmental Quality Act 1974 (EQA) and Environmental Quality (Prescribed
Activities)(Environmental Impact Assessment) ltAmendment) Order 1995
In Malaysia EIA is required under section 34A Environmental Quality Act 1974 It
was made mandatory for certain prescribed activities since 1st April 1988 with the
coming force of the Environmental Quality (Prescribed Activities)(Environmental
Impact Assessment) Order 1987
Section 34A of the EQA provides powers to the Minister to prescribe by order any
activity which may give significant environmental impacts as a prescribed activity for
which a report on an assessment of the impact(s) such an activity will have on the
environment be submitted to the Director General of Environmental Quality of
Department of Environment (DOE) for approval The submission of an EIA report for
15
approval by the Director General is a requirement prior to granting of approval by the
relevant project approving authority (ILBS 1994)
The Order listed 19 prescribed activities The following activities in relation to
residential areas are required for submission and approval of EIA report
Item (7) Housing
Housing development covering an area of 50 hectares or more
Item (9) Infrastructure
(a) Construction of hospitals with outfall into beachfronts used for
recreational purpose
(b) Industrial estate development for medium and heavy industries
covering an area of50 hectares or more
(c) Construction ofexpressways
(d) Construction of national highways
(e) Construction of new townships
Furthermore all development carried out on hilly terrain with 26-35 degrees slope are
also 8ubjected to EIA reporting in line with Cabinet directive as detailed in the
Guidelines issued by the Ministry of Natural Resources and Environment (NIlE)
Malaysia
16
In 1993 four DOE States Office (Johor Penang Selangor and Sarawak) was given the
full responsibility to review and decide on all Preliminary EIA reports In 1999 the
decentralization of EIA review process was fully expanded to the rest of the States
office The States DOE approach was to be a one-stop agency to all relevant technical
departments and agencies from Federal and State to provide inputs or comments in the
review of EIA reports (Sentian amp Tuah 2001) DOE is authorized to agree to
environmental issues and mitigating measures addressed in the EIA report by the
project proponent and its EIA consultant Other relevant approving authorities will
oversee other aspects such as planning development licensing and permits before the
project can commence
Sarawak enforced its newly amended Natural Resources and Environment Ordinance
1949 on 1st February 1999 to cover the areas of environmental management of natural
resources A Natural Resources and Environmental Board was established to
administer the Ordinance which include the power to formulate or develop policies and
guidelines to ensure exploitation conservation and management of natural resources in
the state will not cause any adverse impact on the environment (Mamit 1997)
Sarawak EIA Order was enforced on the 1st September 1994 requiring any person to
carry out any prescribed activity to submit an EIA report to the Board
Conservation of Environment Enactment 1996 was created in Sabah It carries the core
function similar to those of Natural Resources Ordinance 1949 (Amended 1993) in
14
Sarawak Under this Enactment the Conservation of Environment (Prescribed
Activity) Order 1999 was made and came into force on 1st September 1999
244 Legislative requirement ofEIA for residential projects in Malaysia
EIA when integrated into the existing planning and decision-making machinery
provides additional information towards better decision-making It has been widely
accepted as a useful and beneficial tool before a decision is made in respect of any
proposed development
(j) Environmental Quality Act 1974 (EQA) and Environmental Quality (Prescribed
Activities)(Environmental Impact Assessment) ltAmendment) Order 1995
In Malaysia EIA is required under section 34A Environmental Quality Act 1974 It
was made mandatory for certain prescribed activities since 1st April 1988 with the
coming force of the Environmental Quality (Prescribed Activities)(Environmental
Impact Assessment) Order 1987
Section 34A of the EQA provides powers to the Minister to prescribe by order any
activity which may give significant environmental impacts as a prescribed activity for
which a report on an assessment of the impact(s) such an activity will have on the
environment be submitted to the Director General of Environmental Quality of
Department of Environment (DOE) for approval The submission of an EIA report for
15
approval by the Director General is a requirement prior to granting of approval by the
relevant project approving authority (ILBS 1994)
The Order listed 19 prescribed activities The following activities in relation to
residential areas are required for submission and approval of EIA report
Item (7) Housing
Housing development covering an area of 50 hectares or more
Item (9) Infrastructure
(a) Construction of hospitals with outfall into beachfronts used for
recreational purpose
(b) Industrial estate development for medium and heavy industries
covering an area of50 hectares or more
(c) Construction ofexpressways
(d) Construction of national highways
(e) Construction of new townships
Furthermore all development carried out on hilly terrain with 26-35 degrees slope are
also 8ubjected to EIA reporting in line with Cabinet directive as detailed in the
Guidelines issued by the Ministry of Natural Resources and Environment (NIlE)
Malaysia
16
Sarawak Under this Enactment the Conservation of Environment (Prescribed
Activity) Order 1999 was made and came into force on 1st September 1999
244 Legislative requirement ofEIA for residential projects in Malaysia
EIA when integrated into the existing planning and decision-making machinery
provides additional information towards better decision-making It has been widely
accepted as a useful and beneficial tool before a decision is made in respect of any
proposed development
(j) Environmental Quality Act 1974 (EQA) and Environmental Quality (Prescribed
Activities)(Environmental Impact Assessment) ltAmendment) Order 1995
In Malaysia EIA is required under section 34A Environmental Quality Act 1974 It
was made mandatory for certain prescribed activities since 1st April 1988 with the
coming force of the Environmental Quality (Prescribed Activities)(Environmental
Impact Assessment) Order 1987
Section 34A of the EQA provides powers to the Minister to prescribe by order any
activity which may give significant environmental impacts as a prescribed activity for
which a report on an assessment of the impact(s) such an activity will have on the
environment be submitted to the Director General of Environmental Quality of
Department of Environment (DOE) for approval The submission of an EIA report for
15
approval by the Director General is a requirement prior to granting of approval by the
relevant project approving authority (ILBS 1994)
The Order listed 19 prescribed activities The following activities in relation to
residential areas are required for submission and approval of EIA report
Item (7) Housing
Housing development covering an area of 50 hectares or more
Item (9) Infrastructure
(a) Construction of hospitals with outfall into beachfronts used for
recreational purpose
(b) Industrial estate development for medium and heavy industries
covering an area of50 hectares or more
(c) Construction ofexpressways
(d) Construction of national highways
(e) Construction of new townships
Furthermore all development carried out on hilly terrain with 26-35 degrees slope are
also 8ubjected to EIA reporting in line with Cabinet directive as detailed in the
Guidelines issued by the Ministry of Natural Resources and Environment (NIlE)
Malaysia
16
approval by the Director General is a requirement prior to granting of approval by the
relevant project approving authority (ILBS 1994)
The Order listed 19 prescribed activities The following activities in relation to
residential areas are required for submission and approval of EIA report
Item (7) Housing
Housing development covering an area of 50 hectares or more
Item (9) Infrastructure
(a) Construction of hospitals with outfall into beachfronts used for
recreational purpose
(b) Industrial estate development for medium and heavy industries
covering an area of50 hectares or more
(c) Construction ofexpressways
(d) Construction of national highways
(e) Construction of new townships
Furthermore all development carried out on hilly terrain with 26-35 degrees slope are
also 8ubjected to EIA reporting in line with Cabinet directive as detailed in the
Guidelines issued by the Ministry of Natural Resources and Environment (NIlE)
Malaysia
16
