HANDBOOK OF ENVIRONMENTAL IMPACT...

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HANDBOOK OF

ENVIRONMENTAL

IMPACT ASSESSMENT

GUIDELINES

BAHAGIAN PENILAIAN

JAS IBU PEJABAT

27 Oktober 2015

HANDBOOK OF

ENVIRONMENTAL IMPACT

ASSESSMENT GUIDELINES

Requirements under provision of Section 34A (2c) of the Environmental

Quality Act 1974.

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SECTION 34A, EQA 1974 (AMENDMENT) 2012

• Subsection 34A (2C)

The report shall be in accordance with theguidelines as the Director General may prescribeand shall contain:

a. an assessment of the impact such activity willhave or is likely to have on the environment;and

b. the proposed measures that shall beundertaken to prevent, reduce or control theadverse impact on the environment

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HANDBOOK OF ENVIRONMENTAL IMPACT


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1• Concept and procedure of EIA in Malaysia

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• Policy and legislations relating to EIA Procedures in Malaysia

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• Requirement for pre-submission of EIA Report (screening and scoping)

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• Requirements during submission of EIA Report (review process)

HANDBOOK OF ENVIRONMENTAL IMPACT


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• Requirements on procedural steps for First Schedule prescribe activities

6• Requirements on procedural steps for Second Schedule

prescribe activities

7• Specifications and format of EIA Report

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• Specifications and format of report on EMP and Performance Monitoring

9• Self regulatory practice

• EIA Guiding Principles

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Development Befitting to Nature

Proactive

Transparent

Credible

Cost-effective

Practical

• EIA Guiding Principles (cont’d)

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Social Accountability

Quality Control

Self-Regulatory

Ethics of EIA Practitioners

Participatory

Sustainability

1.EIA Guiding Principles

a. Development Befitting to Nature

Project proponent

• - have insight understanding of the existingenvironmental conditions

• - rationalise his project to ensure that theproposed development is fitting to nature andnot “nature befitting development”.

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1. EIA Guiding Principles

b. Proactive

• process should start as early as possible withinthe project planning cycle and decisionmaking for project approval

- environmental impacts of a project areconsidered right

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c. Transparent

• clear, concise, easily understood andtransparent.

• provide sufficient information includingquantitative, well defined and explicit basis, inproducing quality EIA Report.

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1. EIA Guiding Principlesd. Credible

• integrity, rigor, fairness and objectivity.

• process should apply “best practicable”science, employing methodologies andappropriate techniques - address key areas ofenvironmental concerns.

• study should comprehensive and comply withstatutory requirements to guarantee thequality of the EIA Report.

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1. EIA Guiding Principlese. Cost-effective

• environmental cost is accounted for in thetotal project cost and must be reflected in thecontract documents between projectproponent and its contractors or suppliers.

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f. Practical

• information and outputs provided by theenvironmental assessment process are readilyusable in decision making and planning.

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1.EIA Guiding Principlesg. Social Accountability

The project proponent is a driver of socialaccountability for legal compliance of his projectat all times. Project proponent shall appoint aqualified person to conduct the EIA report andpreparation of its report. In addition to which, adedicated environmental officer (EO) shall beappointed on a full time basis to be responsiblefor all environmental management mattersrelated to the project.

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1. EIA Guiding Principlesh. Quality Control

• In this spirit, the prepared EIA report must bethoroughly vetted through and it’s pledgedcommitment principally agreed by projectproponent prior to submission to DOE,bearing in mind that responsibility ofsubmitting an optimal quality report lies withthe project proponent.

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i. Self-Regulatory

• The practice of Self-regulation by projectproponent is a driver to cultivate a positiveculture in the day-to-day management of theproject paving the way for excellence inenvironmental regulatory compliance.

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j. Ethics of EIA Practitioners

• EIA Practitioners should uphold hisprofessional ethics to fulfil his professionalobligations with extreme sense ofresponsibility, professionalism and integrity.

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1. EIA Guiding Principlesk. Participatory

• EIA is a multi-disciplinary study onenvironmental component such as waterquality, air quality, waste management,environmental sensitive area and naturalresources.

• participation of government agencies, non-governmental organisation, academicians, andexperts, environmental practitioners includingqualified and competent persons, industriesand public at large.

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l. Sustainability

• The project proponent shall be accountable toensure the proposed project subjectdevelopment subject to EIA is sustainable.

• EIA should be sustainability of throughout thecause of lifelong Project Planning.

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•Policy and legislations relating to EIA Procedures in Malaysia

Federal Legislation

•Environmental Quality Act, 1974

State Legislation

• Environmental Protection Enactment, 2002 (Sabah) – by EPD

• Natural Resources and Environment Ordinance, 1993 (Sarawak) – by NREB

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•Policy and legislations relating to EIA Procedures in Malaysia

Main highlights of EIA Provisions

• Section 34A (2) – qualified person to conduct EIA

• Section 34A (2)(A) – DG shall maintain list of qualified person

• Section 34A (2)(B) – qualified person responsible for EIA

• Section 34A (2)(C) – EIA report in accordance with guidelines

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2•Policy and legislations relating to

EIA Procedures in Malaysia


• Section 34A (3) – Director General can approve the EIA report with conditions and inform relevant approving authority

• Section 34A (4) – Director General may not approved the EIA report if not consistent with physical plan or fulfill the guidelines

• Section 34A(5) – Director General can require the submission of additional reports other than EIA report

• Section 34A(6) – Any person intending to carry out a prescribed activity shall not carry out such activity until the report required under this section to be submitted to the Director General has been submitted and approved

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2•Policy and legislations relating to EIA

Procedures in Malaysia


• Section 34A (3) – Director General can approve the EIA report with conditions and inform relevant approving authority

• Section 34A (4) – Director General may not approved the EIA report if not consistent with physical plan or fulfill the guidelines

• Section 34A(5) – Director General can require the submission of additional reports other than EIA report

• Section 34A(6) – Any person intending to carry out a prescribed activity shall not carry out such activity until the report required under this section to be submitted to the Director General has been submitted and approved

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2•Policy and legislations relating to EIA

Procedures in Malaysia


• Section 34A(7) - Responsibility of the proponent to provide proof of compliance to conditions of approval

• Section 34A (8) – Fine not exceeding five hundred thousand or imprisonment for contravention

• 3. PRE- SUBMISSION OF EIA REPORT PROCEDURE

• (SCREENING AND SCOPING)

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•PRE- SUBMISSION OF EIA REPORT PROCEDURE -SCREENING

Screening process - determine whether aproposed project is a prescribed activity underthe Environmental Quality (PrescribedActivities) (Environmental Impact Assessment)Order, 2015

Poject fall under both Schedules, theprescribed activity is subject to the SecondSchedule of the Environmental Quality(Prescribed Activities)(Environmental ImpactAssessment) Order, 2015

3. SCOPING

• Scoping is an early stage of EIA study process

• Determines extent of key project activitieshaving significant impacts

• Issues on environment that should be coveredin the EIA study.

• Very important steps in EIA which act as ameans of controlling the extent, and hencethe cost of an EIA study.

PK EIA AWAL Keluaran 03 Pindaan 00

Kuatkuasa 11 Okt 201028

3. SCOPING

Four criteria should be applied in scoping :Magnitude;- refers to the quantum (size) of change thatwill be experienced

Extent;- extent of an impact denotes the area which will be

affected

Significance (important);- an impact looks beyond the magnitude to the

actual effects

Sensitivity areas

-affect an area of environmental sensitive areas

• Checklist for Scoping

• Checklists that can be used include:

• - details describing the project characteristics

• - details of project environment characteristics

• - susceptible to significant adverse effects, or

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3. SCOPING

3. SCOPING

Checklist of information :

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If the activity is likely to occur – Yes

If the activity is not expected to occur – No

If it is uncertain whether the activity will occur or not – Maybe or no answer

Project Phase

Project Activity Potential Impact Yes No Possibly Observations

Land-based exploration

Site clearing/ access roads

Soil erosion is significant?

Downstream water use is affected?

Sensitive forest to be cleared?

Need verification

Seismic investigation (explosive charge method)

Noise and vibration is of concern?

Dust emission and air quality

Safety concern to public due to fly rocks?

Further investigation required

3. Application of Scoping for First Schedule

• identify critical issues (potential adversesignificant environmental impacts) for EIAstudy.

• scoping is not necessary to be endorsed byDOE.

• EIA report should be submitted to the relevantDOE state office for approval.

• prescribe activity that traverses two or morestates, the EIA report must be submitted tothe DOE Headquarters for approval.

PK EIA AWAL Keluaran 03 Pindaan 00

Kuatkuasa 11 Okt 201032

3. Application of Scoping for Second Schedule

• prepare and submit the Terms of Reference (TOR) forthe EIA study to the DOE Headquarters forendorsement.

• incorporating inputs from relevant competent technicalagencies and expert review panels

• itemize the potential environmental impacts

• outline the environmental data collections

• determine the assessment methodology and samplingto be applied

• identify the appropriate methodologies for impactprediction and assessment.

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3. Site Suitability Assessment (PAT)• PAT comments : component in the EIA report

• Take into accounts for sufficient buffer and sitecompatibility to the development plan orphysical plan (National Physical Plan), andGuidelines for the Siting and Zoning ofIndustry and Residential Areas (SZIRA) or anyguidelines prescribed by the Director Generalof Environment relevant to the proposedproject.

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• Not in-line with the development plan, the EIAreport will be rejected.

• Projects are part of overall developmentmaster plan which have been approved inprincipal from the relevant approvingauthorities, and subject to the EnvironmentalQuality (Prescribed Activities) (EnvironmentalImpact Assessment) Order, 2015, EIA Reporthas to be submitted to DOE for approval.

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3. Site Suitability Assessment (PAT)

Roles and responsibility

• Project Proponent

• Assessor

• Environmental Related Agencies and Specialist

• Review Panel

• Approving Authority

Client Charter

First Schedule

Second Schedule

EIA Preparation

Submission of EIA

EIA Review Process 36

4• Requirements during submission of EIA Report

(review process)

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4• Requirements during submission of EIA Report

(review process)

DOE Practices During

EIA Report Review

Process

Role and Responsibility of Project Proponent /EIA Consultant to First and Second Schedule

Activities

First Schedule Activities Second Schedule Activities

Submission of EIA

Report

Submit to DOE State Submit to DOE Headquarters

Review Committee Attending A Technical Review Committee which is chaired by

the Director of DOE State Office (for 5 weeks procedure).

The technical review committee are Government agencies

and experts (if needed).

Attending an EIA Review Panel which may

be chaired by the Director General of

Environment. The technical review

committee are Government agencies,

experts and NGOs.

Public display &

participation

No public display required Public display of EIA Report is required for

comments and feedback.

Web display of EIA report Submit softcopy of the EIA Report to DOE State Submit softcopy of the EIA Report to

DOE Headquarters

Advertisement of EIA

Report for public

participation

No advertisement required Project Proponent is required to advertise

the availability of the report for public review

Client charter* for review & decision by DOE

First Schedule Activities Second Schedule Activities

(i) 15 working days (3 weeks)

(ii) 25 working days (5 weeks)

60 working days (12 weeks)

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•Requirements on procedural steps for First Schedule prescribe activities

Qualified Person –Registered EIA Consultant

Scoping and methodology

Process Flow chart

Qualified Person – Registration Scheme

Terms of Reference (TOR)

Public display

Process Flow Chart

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6• Requirements on procedural steps for Second Schedule

prescribe activities

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7• Specifications and format of EIA Report

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8• Specifications and format of report on EMP and Performance

Monitoring

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9• Self regulatory practice

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