What is Environmental Impact Assessment (EIA)?
EIA is a study to identify, predict, evaluate and communicate information about the impacts on the environment of a proposed project and to detail out the mitigating measures prior to project approval and implementation.
Why Do We Need EIA?
EIA is essentially a planning mechanism for preventing environmental problems due to an action. It ensures that the potential problems are foreseen and addressed at an early stage in the project planning and design. Thus this will 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.
EIA when integrated into the existing planning and decision-making structure, provides additional information towards a better decision-making.
What to Consider Prior to EIA Study?
Project Concept
Project proponent must make sure that the concept of the proposed project does not contradict any development plans, policies or any decisions of the Government of Malaysia prior to the EIA Study, namely (but not limited to the following):-
(i) National Physical Plan.
(ii) Structure Plan.
(iii) Local Plan.
(iv) Regional Plan (inter-state planning).
(v) Agreement between the Government of Malaysia and Kualiti Alam Sdn Bhd. on the disposal of scheduled wastes in Malaysia.
(vi) Agreement between the Government of Malaysia and Pantai Medivest Sdn. Bhd., Faber Mediserve Sdn. Bhd. and Radicare Sdn. Bhd. on the disposal of clinical wastes from Government Hospitals.
(vii) Guidelines on Highland Development (Garispanduan Pembangunan Di Kawasan Tanah Tinggi).
(viii) Guidelines on Siting and Zoning of Industries.
Site selection
The criteria for selecting a new site normally include engineering, environmental and economic aspects. Usually, some of these criteria limit the choice of potential sites to a given few. These sites are then investigated further for their suitability through site visits and analysis of existing information. During this stage, measures to protect the environment and resolve socio economic issues are also considered. Where the project is situated on public land or near waterways, and alternative users will be affected by the project, the issue of compensation and offset investment should be addressed in the EIA.
Project proponent is encouraged not to select site which is located in or adjacent to Environmentally Sensitive Areas (ESA), as defined in National Physical Plan (April 2005). ESA shall be integrated in the planning and management of land use and natural resources to ensure sustainable development. The management of ESA shall be guided by the following criteria:-
- ESA Rank 1 – No development, agriculture or logging shall be permitted except for low-impact nature tourism, research and education.
- ESA Rank 2 – No development or agriculture. Sustainable logging and low-impact nature tourism may be permitted subject to local constraints.
- ESA Rank 3 – Controlled development where the type and intensity of the development shall be strictly controlled depending on the nature of the constraints.
Source: National Physical Plan (26 April 2005)
Legal Requirement in Malaysia
In Malaysia, EIA is required under section 34A, Environmental Quality Act, 1974 (Appendix 1), which specifies the legal requirements in respect of EIA for Prescribed Activities. It empowers the Minister of Natural Resources and Environment after due consultation, to prescribe any activity which may have significant environmental impact as a Prescribed Activity. The section further requires the Project Proponent of a Prescribed Activity to submit a report (the EIA) to the Director General of Environmental Quality before approval for the proposed activity is granted by the relevant approving authority. The EIA report must be in accordance with the guidelines issued by the DOE contain an assessment of the impact of the Prescribed Activity on the environment; and detail the proposed measures that shall be instituted to prevent, reduce or control adverse impacts on the environment.
Which Activities Are Subject To EIA?
Activities subject to EIA are prescribed under Environmental Quality (Prescribed Activities)(Environmental Impact Assessment) Order, 1987.
Who Can Conduct EIA Study?
An EIA Study has to be conducted by competent individuals who are registered with the Department of Environment under the EIA Consultant Registration Scheme. The DOE will reject EIA reports which are conducted by individuals who are not registered with the Department. As such, the project proponent or EIA study team leader has to ensure that all members in the EIA study team are registered with the Department of Environment. The list of registered EIA consultants (including Subject Consultants and Assistant Consultants) is available at the Department of Environment website (List). Details on the registration scheme is also available at the website (EIA Consultant Registration Scheme).
How To Conduct EIA?
In the preparation of EIA reports, project proponents and EIA consultants may refer to A Handbook of Environmental Impact Assessment Guidelines (fourth edition) 2007 and EIA Guidelines for specific activities published by the Department of Environment and other relevant guidelines published by other agencies. The list of these Guidelines is at Appendix 3.
Project Approving Authority
All prescribed activities need to obtain EIA approval from the Director General of Environment prior to the giving of approval by the relevant Federal or State Government authority for the implementation of the project. The Approving Authority is the Government Authority that has the task of deciding, whether or not a project should proceed. The authorities include the following:
- The National Development Planning Committee for Federal Government sponsored projects.
- The respective State Planning Authorities for State Government sponsored projects.
- The Regional Development Authorities for the State Executive Committee (EXCO).
- Ministry of International Trade and Industry (MITI) (with due reference to the Malaysia Industrial Development Authority (MIDA) – for industrial projects.
EIA Procedure in Malaysia
There are two EIA procedures adopted in Malaysia, namely the Preliminary EIA and the Detailed EIA, that can be described as follows:
Preliminary EIA
Preliminary EIA is assessment of impacts due to those activities that are prescribed.
The Preliminary EIA report that is prepared is reviewed by a technical committee consisting of the Department of Environment States and other relevant government agencies. The procedure for Preliminary EIA is as shown in Figure 3.
The number of Preliminary EIA report to be submitted to the Department of Environment States Offices for review is 15 copies, and 3 copies to the Department of Environment Headquarters.
Detailed EIA
Detailed EIA is a procedure undertaken for those projects with major/significant impacts to the environment. The procedure for Detailed EIA is as shown in Figure 4.
The detailed assessment involve EIA report display for the public and affected community to comment. Activities which need to go through the Detailed EIA procedure, are listed in Appendix 4. Notwithstanding the list in Appendix 4, the Director General of Environment has the prerogative to request a detailed assessment of a project which has significant impacts to the environment of projects which are located in or adjacent to environmentally sensitive areas.
Terms of Reference (TOR)
For projects which have been determined to require detailed assessment, the project initiator must submit the terms of reference (TOR) in accordance to the format outlined in specific EIA guidelines. To assist project proponents in submitting a project-related and site-specific TOR, the Department of Environment has prepared a general guidance in TOR preparation prior to submission of a detailed EIA report, as in Appendix 5. The TOR will outline the environmental data collection that are required, determine the assessment procedures to be used and identify the appropriate methodologies for impact prediction and assessment. The TOR has to be project specific and site specific.
The draft TOR for Detailed Assessment are prepared by the project initiator and to be confirmed by the expert Review Panel and are prepared in consultation with relevant environment related agencies and the project initiator.
The number of TOR to be submitted to the Department of Environment is 35 copies.
Detailed Assessment
Detailed assessment is carried out based on specific terms of reference issued by an ad hoc Review Panel appointed by the Director General. The EIA Report is reviewed by the ad hoc Review Panel chaired by the Director General. The Department of Environment maintains a list of experts who may be called upon to sit as members of any Review. The selection of the experts depends on the areas of environmental impacts to be reviewed.
The number of Detailed EIA report to be submitted to the Department of Environment Headquarters for review is 50 copies.
Time Taken for EIA Review
The period allocated for a review of a Preliminary EIA (PEIA) report is 5 weeks while that for a Detailed EIA (DEIA) report is 12 weeks.
How Are EIA Reports Processed And Concluded?
Preliminary EIA Reports are processed and concluded by the Department of Environment State Offices including for those projects within the Exclusive Economic Zone (EEZ).
Detailed EIA Reports and projects involving more than one state are processed concluded at the Department of Environment Headquarters.
Preliminary EIA Reports
The organizational structure of the Preliminary EIA Report processing and approval procedure set-up at the Department of Environment State Offices is headed by the State Director. He is responsible for approving or rejecting an EIA Report. One-Stop Agency meetings with other relevant agencies or departments are held in the review process, where comments and verifications from relevant agencies or departments are sought.
Detailed EIA Reports
The organisational structure of the Detailed EIA Report processing and approval procedure set-up is headed by the Director General of Environmental Quality who is responsible for approving or rejecting the EIA report. He is assisted by the Director of Assessment Division, who also functions as Secretary to the Detailed EIA ad hoc Review Panel. The Chairman of this panel is the Director General of Environmental Quality. The Detailed EIA Review Panels main task is to critically review Detailed EIA Reports and formulate recommendations to the relevant project approving authority. The Detailed EIA Review Panel is established on an ad hoc basis specifically for a particular project. The panel comprises independent members of relevant disciplines, from different organisations such as Universities and Non-Governmental organisations. Detailed EIA Reports are also displayed at all Department of Environment Offices, as well as public and university libraries for public comments. The public are widely notified through the mass media when and where the Detailed EIA Reports are available for review and comment.
Consultation
Although there is no requirement for notification and a project proponent is under no formal obligation to consult the Department of Environment about his proposal before submission of his EIA Report, there are practical reasons for doing so. The Department of Environment and other relevant departments will often possess useful information in particular, data on environmental quality, local problems, as well as aspects of the project most likely to be concern and requiring emphasis in the EIA Report. It would be beneficial for all concerned if project approval authorities can advise potential project proponents as soon as a project is conceived to check with the Department of Environment to ascertain if EIA is required. By doing this the issues of timing and delay can be avoided.
