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ENVIRONMENTAL IMPACT

ASSESSMENT GUIDELINE
IN MALAYSIA

DRAFT FINAL REPORT


JANUARY 2022
TOC TABLE OF CONTENTS
TABLE OF CONTENTS

Page
Table Of Contents i
List Of Appendices vi
List Of Abbreviations vii
GLOSSARY x
List Of Figures xiii
List Of Tables xiii
List of plates xiv

SECTION 1 : INTRODUCTION 1-1

1.1 DEFINITION AND SPIRIT OF EIA 1-1


1.2 SCOPE OF THE GUIDELINE 1-2
1.3 EIA AS PROJECT PLANNING TOOL 1-2
1.4 EIA PROCESS FLOW 1-4
1.5 GUIDING PRINCIPLES 1-6
1.6 SECTORAL EIA GUIDELINES AND TECHNICAL GUIDANCE
DOCUMENTS 1-7
1.7 STRUCTURE OF THE GUIDELINES 1-7
1.8 FREQUENTLY ASKED QUESTIONS 1-9

SECTION 2 : LEGAL REQUIREMENTS 2-1

2.1 INTRODUCTION 2-1


2.2 ENVIRONMENTAL QUALITY ACT 1974 2-1
2.3 SECTION 34A 2-1
2.4 PRESCRIBED ACTIVITIES 2-4
2.5 EIA IN SABAH AND SARAWAK 2-4
2.6 OTHER RELATED LEGISLATION 2-5

i
SECTION 3 : POLICIES AND PLANS 3-1

3.1 INTRODUCTION 3-1


3.2 NATIONAL POLICIES 3-1
3.3 DEVELOPMENT AND LAND USE PLANS 3-2
3.3.1 National Physical Plan 3-2
3.3.2 State Structure Plans 3-3
3.3.3 Local Plans 3-4
3.3.4 Special Area Plans 3-4
3.3.5 Other Development Plans 3-4

SECTION 4 : ROLES AND RESPONSIBILITIES OF KEY STAKEHOLDERS

4.1 INTRODUCTION 4-1


4.2 DEPARTMENT OF ENVIRONMENT 4-1
4.3 TECHNICAL REVIEW COMMITTEE 4-2
4.4 APPROVING AUTHORITIES 4-3
4.5 PROJECT PROPONENT 4-4
4.6 EIA CONSULTANTS 4-5
4.7 PUBLIC AND INTERESTED PARTIES 4-6

SECTION 5 : TERMS OF REFERENCE

5.1 TOR REQUIREMENT 5-1


5.2 SCREENING PROCESS 5-1
5.3 TERMS OF REFERENCE PROCESS 5-2
5.3.1 Scoping Notes for First Schedule EIA Projects 5-2
5.3.2 TOR for Second Schedule EIA Projects 5-3
5.3.3 Impact Assessment Methodology 5-4
5.4 TOR REVIEW PROCEDURE 5-4
5.5 FORMAT OF TOR REPORT 5-5

ii
SECTION 6 : UNDERTAKING THE EIA 6-1

6.1 INTRODUCTION 6-1


6.2 DEFINING STUDY AREA 6-1
6.2.1 Zone of Impact 6-2
6.2.2 Zone of Study 6-2
6.2.3 Identify Sensitive Receptors 6-3
6.3 STATEMENT OF NEED 6-4
6.4 PROJECT DESCRIPTION 6-5
6.5 PROJECT OPTIONS 6-7
6.6 ENVIRONMENTAL BASELINE DATA 6-10
6.6.1 Establishing Data Needs 6-10
6.6.2 Primary Data 6-11
6.6.3 Secondary Data 6-13
6.6.4 Considerations in Data Collection 6-13
6.7 STUDYING THE EXISTING ENVIRONMENT 6-14
6.8 IMPACTS IDENTIFICATION, PREDICTION AND EVALUATION 6-19
6.8.1 IDENTIFICATION OF IMPACTS 6-19
6.8.2 PREDICTION METHODOLOGY 6-21
6.8.2.1 Qualitative and Semi-qualitative Methods 6-21
6.8.2.2 Quantitative Methods 6-21
6.8.3 EVALUATION OF SIGNIFICANCE CRITERIA 6-23
6.9 MITIGATION MEASURES 6-26
6.9.1 Mitigation Measures Adoption 6-27
6.9.2 Elements of Mitigation Measures 6-28
6.9.3 Determining the Need for Mitigation 6-29
6.9.4 Important Reminders in Mitigation Measures 6-30
6.9.5 Land-Disturbing Pollution Prevention and Mitigation Measures
(LDP2M2) 6-31
6.10 RESIDUAL IMPACTS 6-32
6.11 ECONOMIC VALUATION 6-33
6.12 PUBLIC PARTICIPATION 6-33
6.13 REPORTING AN ASSESSMENT 6-34

iii
SECTION 7 : PUBLIC PARTICIPATION 7-1

7.1 INTRODUCTION 7-1


7.2 BENEFITS OF PUBLIC PARTICIPATION 7-1
7.3 IDENTIFICATION OF STAKEHOLDERS 7-3
7.3.1 Who Are the Stakeholders? 7-3
7.3.2 Identification of Stakeholders 7-3
7.3.3 Stakeholder Analysis 7-6
7.4 METHODS FOR PUBLIC PARTICIPATION 7-8
7.5 STAKEHOLDER ENGAGEMENT IN THE EIA PROCESS 7-16
7.6 PUBLIC DISPLAY REQUIREMENTS 7-17
7.6.1 Public Display Flow Process 7-18
7.6.2 Public Display Notifications 7-19
7.6.3 Public Display Output 7-20

SECTION 8 : EIA REPORT REVIEW PROCESS 8-1

8.1 INTRODUCTION 8-1


8.2 REVIEW PROCESS 8-1
8.2.1 Review Process for First Schedule EIA Projects 8-3
8.2.2 Review Process for Second Schedule EIA Projects 8-3
8.2.3 Outcome of Review Process 8-5
8.3 REVIEW CRITERIA 8-6
8.4 TIMELINES 8-7
8.5 REJECTION OF EIA REPORT 8-7
8.6 VALIDITY OF TOR APPROVAL 8-7
8.7 VALIDITY OF EIA APPROVAL 8-8

SECTION 9 : ENVIRONMENTAL MANAGEMENT PLAN AND MONITORING

9.1 INTRODUCTION 9-1


9.2 FORMAT OF ENVIRONMENTAL MANAGEMENT PLAN 9-1
9.3 DOCUMENTING MONITORING PROGRAMME 9-2
9.3.1 Performance Monitoring 9-2
9.3.2 Compliance Monitoring 9-2

iv
9.3.3 Impact Monitoring 9-3
9.4 DOCUMENTING ENVIRONMENTAL COMPLIANCE AUDIT 9-3
9.4.1 Objectives of EIA Audits 9-3
9.4.2 Procedures and Techniques for Auditing 9-4
9.5 ENVIRONMENTAL MANAGEMENT PLAN CHECKLIST 9-4
9.6 MAINSTREAMING OF ENVIRONMENTAL AGENDA AND SELF
REGULATION 9-4
9.6.1 Environmental Policy 9-6
9.6.2 Environmental Budgeting 9-6
9.6.3 Environmental Monitoring Committee 9-6
9.6.4 Environmental Performance Monitoring Committee 9-7
9.6.5 Environmental Regulatory Compliance Monitoring Committee 9-7
9.6.6 Environmental Facility 9-8
9.6.7 Mini Laboratory 9-8
9.6.8 Environmental Competency 9-8
9.6.9 Environmental Reporting and Communication 9-9
9.6.10Environmental Transparency 9-9
9.7 EMERGENCY RESPONSE PLAN 9-9
9.8 ABANDONMENT PLAN 9-10

v
LIST OF APPENDICES

APPENDIX A LIST OF EIA GUIDELINES


APPENDIX B LIST OF TECHNICAL GUIDANCE DOCUMENTS
APPENDIX C EIA PRESCRIBED ACTIVITIES
APPENDIX D LEGISLATION RELATED TO EIA REPORT
PREPARATION
APPENDIX E POLICIES AND MASTER PLANS RELATED TO
EIA REPORT PREPARATION
APPENDIX F DOCUMENTING THE EIA
APPENDIX G GUIDANCE ON DETERMINING
QUESTIONNAIRE SAMPLE SIZE
APPENDIX H GUIDANCE DOCUMENT FOR THE
PREPARATION AND SUBMISSION OF EMP

vi
LIST OF ABBREVIATIONS

AIs Appointed Individual


APAD Land Public Transport Agency
APCS Air Pollution Control System
BACT Best Available Control Technology
BAT Best Available Technology
BMPs Best Management Practices
BoG Malaysian Geologist Board
BQ Bill of Quantities
CEMS Continuous Emission Monitoring Systems
CEMS-DIS Continuous Emission Monitoring Systems-Data interface
System
CLT Central Limit Theorem
CM Compliance Monitoring
CO2 Carbon Dioxide
COAs Conditions of Approval
DG Director General
DO Dissolved Oxygen
DOE Department of Environment Malaysia
DOF Department of Fisheries Malaysia
DOSM Department of Statistics Malaysia
DWNP Department of Wildlife and National Parks, Peninsular
Malaysia
EB Environmental Budget
ECER East Coast Economic Region
ECERDC East Coast Economic Region Development Council
EESIM Environmental Essentials for Siting of Industries in
Malaysia, 2017
EEZ Exclusive Economic Zone
EF Environmental Facilities
EFDC Environmental Fluid Dynamics Code
EGIM EIA Guidelines in Malaysia
EIA Environmental Impact Assessment
EIATRC EIA Technical Review Committee
EM Environmental Manager
EMC Environmental Monitoring Committee
EMCR Environmental Monitoring Compliance Report
EMP Environmental Management Plan
EMR Environmental Monitoring Report
EMT Environmental Mainstreaming Tools /Environmental
Management Teams
EO Environmental Officer
EP Environmental Policy
EPD Environmental Protection Board, Sabah

vii
EPMC Environmental Performance Monitoring Committee
EQA Environmental Quality Act 1974
ERCMC Environmental Regulatory Compliance Monitoring
Committee
ERP Emergency Response Plan
ES Executive Summary
ESA Environmentally Sensitive Areas
ESCP Erosion Soil Control Plan
FDPM Forestry Department Peninsular Malaysia
FGD Focused Group Discussion
FIA Fisheries Impact Assessment
GAs Government Agencies
GHAR Geological and Hydrogeological Assessment Report
GIS Geographic Information System
GSR Guided Self-Regulation
HIA Health Impact Assessment / Heritage Impact Assessment
HQ Headquarter
HRA Health Risk Assessment
IETS Industrial Effluent Treatment System
IFC International Finance Corporation
IM Impact Monitoring
IRDA Iskandar Regional Development Authority
ISO International Organization for Standardization
IWK Indah Water Konsortium
JAKOA Department of Orang Asli Development
JKR Public Works Department Malaysia
JUPEM Department of Survey and Mapping Malaysia
KGAM Raw Natural Rubber Mill
LD-P2M2 Land Disturbing Pollution Prevention and Mitigation
Measures
LTP Leachate Treatment Plant
MRTA Marine Traffic Risk Assessment
MSIA Malaysian Association of Social Impact Assessment
NCAR National Centre for Atmospheric Research, United States
NCER Northern Corridor Economic Region
NCIA Northern Corridor Implementation Authority
NEHAP National Environmental Health Action Plan
NGO Non-Government Organization
NOx Nitrogen Oxide
NPP National Physical Plan
NREB Natural Resources and Environment Board, Sarawak
NREO Natural Resources and Environment Ordinance, 1993
P2M2s Potential Pollution Prevention and Mitigation Measures
PBT Local Authorities
PETRONAS Petroliam Nasional Berhad

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PLANMalaysia Department of Town and Country Planning
PM Performance Monitoring
PWD Public Works Department Malaysia
QR Quick Response
QRA Quantitative Risk Assessment
R&D Research and Development
RE Ringkasan Eksekutif
RECODA Regional Corridors Development Authority
RIA Radiological Impact Assessment
SAMM Skim Akreditasi Makmal Malaysia
SCORE Sarawak Corridor of Renewable Energy
SDC Sabah Development Corridor
SEDIA Sabah Economic Development and Investment Authority
SI Soil Investigation
SIA Social Impact Assessment
SOx Sulphur Oxide
SPAD Land Public Transport Commission
STI Science, Technology and Innovation
STP Sewage Treatment Plan
TIA Traffic Impact Assessment
TNB Tenaga Nasional Berhad
TOR Terms of Reference
TORAC Terms of Reference Adequacy Check
TSP Total Suspended Particulate
UEEE Used Electrical and Electronic Equipment
UNEP United Nations Environment Programme
WASP Water Quality Analysis Simulation Program
WMP Wildlife Management Plan
ZOI Zone of Impact
ZOS Zone of Study

ix
GLOSSARY

Agribusiness Refers to any business related to farming and any


farming related businesses.

Air Pollution Control Instrument used for capture and treatment of emissions
System (APCS) from fuel burning equipment, incinerators, and other
types of engines to comply with Malaysian Ambient
Air Quality Standards (MAAQS)

Appointed Individuals Individual with expertise and knowledge in specific


subject matter appointed to contribute technical
knowledge during report review.

Approving authorities Government entities (Federal and/or state)


empowered under jurisdiction of law to approve
projects.

Audit Evaluation conducted by independent third party,


DOE registered auditor on compliance towards
conditions of approval.

Baseline Data Data of project site on the existing environment which


establishes baseline conditions before occurrence of any
changes.

Best Available Effective technology and techniques available in


Technology/Techniques reducing or preventing environmental impact arising
(BAT) from construction and operational stages of projects.

Best Management Best available effective practice applicable in


Practices (BMPs) prevention and/or mitigation of pollution and other
environmental impact.

Buffer zone Area/Zone adjacent to project boundary or


environmentally sensitive area where development is
limited or prohibited for protection of environment.

Conditions of Approval Conditions imposed upon developer that must be


(COA) compiled with at applicable stages of project which is
issued with EIA letter of approval under Section 34A
(3) of EQA 1974.

Demography Study of population encompassing size, geographic


distribution, composition, components of changes and
other related factors.

Director-General Director-General of the Department of the


Environment (DOE), Malaysia

x
Earthworks Engineering works involving excavation and relocation
of soils and rocks during constructions works.

Ecology Study of relationship between living organisms and


their interactions with the surrounding environment.

Emission Refers to discharge of gas and/or radiation generated


from processes.
Environmental Team consisting of individuals with designated role
Management Team and responsibilities on matters related to
environmental management.

Environmental Manager Individual appointed to oversee the implementation of


(EM), Environmental environmental considerations of a proposed
Officer (EO) development and ensure compliance to all
requirements within the COA.

Environmentally Areas which are important in terms of provision of


sensitive areas (ESAs) good, service, and life-support system and is easily
degraded from anthropogenic and/or natural impacts.

Erosion Physical process where soil, rock and other earthen


material are worn and transported away by natural
forces (rain and/or wind).

Gazette An area designated for conservation and protection due


to their environmental importance.

Government agencies Personnel from relevant government agencies and


departments with roles in EIA process and decision-
making process.

Groundwater Water present beneath the ground and occupies the


space in soil and other geological features.

Honorarium fees Ex-gratia payment made to individual/organisations to


recognize the performed service.

Hydrology The study of water comprising of occurrence,


distribution and movement of water and their
interaction with the surrounding environment.

Industrial Effluent Facility designed, constructed, and operated for


Treatment System management industrial effluent to reduce the pollution
(IETS) impact by meeting the discharge standards prescribed
in Environmental Quality (Industrial Effluent)
Regulations 2009.

xi
Land title Document detailing the ownership of specific land or
property which is acquired based on National Land
Code 1965.

Land-Disturbing Application of construction methods and practices with


Pollution Prevention the aim of prevention, reduction, and/or elimination of
and Mitigation pollution generation during any land disturbing
Measures (LD-P2M2) activity at project site that achieved through natural
resources protection.

Leachate Treatment Plants designed, constructed, and operated for


Plant (LTP) treatment of landfill leachate that is in compliance with
related regulation (E.g., Environmental Quality Act
(Control of Pollution from Solid Waste Transfer Station
And Landfill) Regulations 2009)

Modelling Application of mathematical model (using software)


for simulation of particular environmental features to
gain better understanding of process and/or events.

xii
LIST OF FIGURES

Figure 1-1 Overall EIA Process Flowchart 1-5


Figure 3-1 List of State Structure Plans in Malaysia 3-4
Figure 4-1 Key Stakeholders of EIA Process 4-7
Figure 5-1 Flowchart of Screening Process 5-2
Figure 5-2 TOR Review and Endorsement Flowchart 5-5
Figure 6-1 Example of Map Showing the Sensitive Receptors 6-4
Figure 6-2 Type of Project Options 6-8
Figure 6-3 Examples of Primary Data Collection 6-12
Figure 6-4 Process for Identification of Environmental Impacts 6-20
Figure 7-1 Level of Influence and Interest 7-7
Figure 7-2 Example of Project Information Kit 7-14
Figure 7-3 Flow Process and Timeline of Public Display 7-18
Figure 7-4 Example of Public Display Notification 7-19
Figure 7-5 Example of Hardcopy Feedback Form 7-20
Figure 8-1 EIA Report Review Process for First Schedule Activities 8-3
Figure 8-2 EIA Report Review Process for Second Schedule Activities 8-4
Figure 9-1 Environmental Mainstreaming Tools 9-5

LIST OF TABLES

Table 1-1 Differences of EIA Process for EIA First and Second Schedule 1-4
Table 2-1 Key Elements of Section 34A 2-2
Table 3-1 Key National Policies 3-1
Table 3-2 Growth Corridors/ Regions 3-5
Table 5-1 Format of TOR Report 5-6
Table 6-1 Description of Project Activities 6-6
Table 6-2 Example of Primary Data 6-11
Table 6-3 List of Component for Existing Environment 6-14
Table 6-4 Examples of Quantitative Methods 6-22
Table 6-5 Factors to Consider During Impact Evaluation 6-25
Table 6-6 Categories of Impacts Evaluations 6-26
Table 6-7 Preference for Selection of Mitigation 6-28

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Table 6-8 Standard Requirements for the LD-P2M2 Submission 6-31
Table 6-9 Example of Residual Impacts 6-32
Table 7-1 Benefits of Public Participation 7-2
Table 7-2 List of Government Agencies 7-4
Table 8-1 EIA Report Review Process Requirements for Projects 8-2

LIST OF PLATES

Plate 7-1 Public Briefing 7-9


Plate 7-2 Focus Group Discussion 7-11
Plate 7-3 Questionnaire Survey 7-13
Plate 7-4 One-to-one Unstructured Interviews 7-15

xiv
01 INTRODUCTION
Section 1
INTRODUCTION
SECTION 1 : INTRODUCTION

1.1 DEFINITION AND SPIRIT OF EIA


Environmental Impact Assessment (EIA) is a process which identifies, predicts,
evaluates, and communicates information about the impacts (both beneficial and
adverse) on the environment of a proposed
EIA is a tool used to identify the
project and details out the mitigating
environmental, social, and economic
measures prior to project approval and
impacts of a project prior to decision-
implementation. Through the EIA process,
making. It aims to predict
the most environmentally suitable options
environmental impacts at an early
such as site, design, technology, resources,
stage in project planning and design,
and mitigation measures can be identified
find ways and means to reduce
at an early stage. As a consequence, adverse
adverse impacts, shape projects to suit
impacts and costly remedial measures can
the local environment and present the
be prevented or reduced and positive predictions and options to decision-
impacts maximized. makers. (Source: UNEP)

The EIA procedure in Malaysia has evolved since its inception in 1988. It has been
developed primarily as an aid to the environmental planning of new development
projects or to the expansion of existing projects.

The EIA is an integral part of the project planning cycle and serves two main purpose :
• The EIA process, by identifying, assessing and mitigating environmental
impacts helps in improving the project design and make the project
environment-friendly. Through the EIA process, the most environmentally
suitable options such as site, design, technology, resources, and mitigation
measures can be identified and used to improve the project design.
• The EIA report, that documents the impacts and mitigation measures, helps
the approving authority to make informed decisions about the Project. In the
EIA Report, the Project Proponent makes a legal pledge of his commitment
to implement pollution prevention and mitigation measures to reduce the
adverse impacts to the environment. EIA Report serves as a decision-making
tool for the project approving authority to decide whether a proposed project
can be approved for implementation.

1-1
In Malaysia, EIA is a statutory requirement for activities which have been prescribed
under Section 34A of the Environmental Quality Act (EQA) 1974. The Environmental
Quality (Prescribed Activities) (Environmental Impact Assessment) Order 2015
specifies the types of projects that require EIA approval prior to their implementation.
The legal requirements pertaining to the EIA are explained in Section 2 of the
Guidelines.

1.2 SCOPE OF THE GUIDELINE


This EIA Guideline shall be used within the framework of the Environmental Quality
Act 1974 and its subsidiary regulations. It is not applicable for EIA legislations
enacted under the state environmental laws of Sabah and Sarawak. However, for
prescribed activities in Sabah and Sarawak that are subject to the EQA 1974, this
Guideline shall prevail. This guideline provides guidance for the undertaking of the
EIA as per Section 34A(20)(c) of the Environmental Quality Act 1974.

1.3 EIA AS PROJECT PLANNING TOOL


At the project planning level, EIA is the primary tool for integrating environmental
considerations into project site, project design and execution. Integrated project
planning requires the Project Proponent to assess and evaluate the planning
decisions taking into account the technical, economic and environmental factors. It
implies that environmental assessment is a continuous process throughout the
course of project planning.

EIA as a project planning and decision-making tool intends to accomplish the


following:
i. To provide the Project Proponent with appropriate information to ensure
project design and operation meets environmental sustainability objectives;
ii. To ensure Project Proponent has allocated a budget for environmental
protection and social compensation (if any).
iii. To allow EIA Consultants to give inputs at early stage on the site suitability
and project design with minimal environmental impacts;
iv. To provide the relevant approving authority with the appropriate
information and assurance for it to make a decision on whether or not to
approve the project; and
v. To provide the public and other stakeholders the assurance that the benefits
to the society from the project are greater than the environmental costs to
society.
vi. To ensure that implementation of the proposed Project can be completed
within the timeline by identifying potential roadblocks at early stage.

The EIA process, by identifying, assessing and mitigating environmental impacts


helps in improving the project design and make the project environment-friendly. It

1-2
enables the Project Proponent to improve project design and meet sustainability
objectives of quality planning, social acceptability and investment security. When
EIA is integrated into the existing planning process, it can provide additional
information towards a better decision-making in terms of environmental protection
of the Project.

The benefits of integrated project planning to the Project Proponent include:

i. Investment Security
The investor whose project has been planned on sound environmental
principles from the start might reasonably expect to be safeguarded against
new and unexpected environmental controls or regulations once the project
has been implemented.

ii. Social Acceptability


The question of social acceptability of a project will become increasingly
important in Malaysia as the demand for a better “quality of life” increases.
The demand for better quality of life is manifested in a growing concern for
environmental quality. Official endorsement of projects through
environmental planning is a worthwhile investment for the Project Proponent.

iii. Robust Planning


An important and integral part of environmental impact assessment is the
review of project options including siting and technical options. In addition,
environmental impact assessment requires the Project Proponent to look for
measures which will mitigate adverse environmental impacts and enhance
favourable impacts. A deliberate assessment of project options during project
planning encourages the planner or designer to search outside his “stable” of
favorite methods for the best method in technical, economic and
environmental terms. The overall result is to enhance the quality of project.

The EIA should be undertaken as early as possible so that the data, analysis and
predictions can be used to improve the design of the project. By undertaking the
EIA at an early stage, the Project Proponent 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. It
also ensures that the EIA report can be approved within the timeline by addressing
all requirements by the Department of Environment (DOE) and other approving
authorities.

1-3
1.4 EIA PROCESS FLOW
The EIA process is generally consisting of three stages (pre-submission, during
submission and post submission). The overall EIA process flowchart is shown in
Figure 1-1.

The EIA process begins with screening process where Project Proponent and EIA
Consultant will decide whether the Project is subjected to EIA prescribed activities
and in line with Development Plans and Policies. There are several differences of EIA
process between EIA First Schedule and Second Schedule as shown in Table 1-1.

Table 1-1 Differences of EIA Process for EIA First and Second Schedule

Component First Schedule Activities Second Schedule Activities


Submission of DOE State DOE Headquarter
Report
TOR Report Not required. Scoping notes are Required
Submission prepared in the EIA report.
Review 25 working days 45 working days
Timeline
Public display No public display or public Public display and participation
& involvement. Public participation are required.
participation may be required if the Project
proposed high impact to the
public and if requested by
Director General.
Review body A Technical Review Committee An EIA Review Panel which
which is chaired by the Director may be chaired by the Director
of the DOE State office, or in his General, the Deputy Director
absence, his Deputy. General or the Director of the
Assessment Division of DOE
Headquarters.

Once the project is approved, Project Proponent are required to submit EMP report
for construction and operation stage. The EMP report must be submitted to DOE
state prior construction and operation of Project. Project Proponent are also required
to conduct internal and external audit during construction and operation phase.

1-4
Figure 1-1 Overall EIA Process Flowchart

1-5
1.5 GUIDING PRINCIPLES
The EIA process, to ensure its effectiveness and contribution to sustainable
development, shall be guided by the following six principles.

Proactive
The EIA process should be a proactive planning tool to avoid and pre-empt adverse
environmental impacts that might be caused or experienced by the proposed
development. The process should start as early as possible within the project
planning cycle so that environmental impacts of a project are considered right from
the beginning.

Participatory
The EIA process should provide appropriate opportunities to inform and involve the
interested and affected stakeholders, and their inputs and concerns should be
addressed explicitly in the documentation and decision making. There should be
appropriate and timely access to the process for all stakeholders – during the project
planning, EIA review and project implementation stages. Stakeholder engagement
should start as early as possible in the project planning cycle and continued
throughout the life of the project.

Transparent
The process should have clear, easily understood requirements for what the EIA
should address; ensure public access to information; identify the factors that are to
be taken into account in decision making; and acknowledge limitations. All
assessment decisions and their basis should be open and accessible. The process and
timing of the assessment and review should be agreed in advance.

Credible
The process should be carried out with rigor, fairness, and objectivity, and be subject
to stakeholder scrutiny. The process should apply “best practicable” science,
employing methodologies and techniques appropriate to address the problems being
investigated. The review process should be robust and transparent to ensure
credibility of the EIA process.

Cost-effective
The process should impose the minimum cost burdens in terms of time and finance
on stakeholders while meeting accepted requirements of EIA. The process should
concentrate on significant environmental effects and key issues, i.e., the matters that
need to be taken into account in making decisions.

Practical
The EIA report should lead to practical measures by which the project can be
implemented.

1-6
1.6 SECTORAL EIA GUIDELINES AND TECHNICAL
GUIDANCE DOCUMENTS
In addition to this Guideline, the DOE has also published a number of sectoral EIA
Guidelines and Technical Guidance Documents. These documents provide guidance
to Project Proponents and EIA Consultants in undertaking various types of EIA. The
list of EIA guidelines and technical guidance documents are shown in Appendix A
and Appendix B respectively. It should be noted that the list is not exhaustive and
Project Proponents/EIA Consultants should always check if more recent guidelines
or technical guidance documents have been published.

1.7 STRUCTURE OF THE GUIDELINES


This guideline is divided into 9 sections which aim to guide the reader on how to
prepare the EIA report and the requirements needed throughout the EIA process.
The description of each section is shown as below.

1-7
1-8
1.8 FREQUENTLY ASKED QUESTIONS
Following is a list of questions that are commonly asked by Project Proponent on EIA
procedure. Project Proponent and EIA consultant can consult with DOE for any
uncertainties during the EIA report preparation.

Q1: What projects requires an EIA?

EIA is required if proposed projects meet the requirement stipulated under the
Environmental Quality (Prescribed Activities) (Environmental Impact Assessment)
Order 2015. The EIA requirement differs between prescribed activities for First
Schedule and Second Schedule.

Q2: Do expansions projects require EIA submission?

EIA report is required for expansion projects that fulfill the conditions below:

i. The expansion exceeds 50% of the original capacity. However, the


requirement may differ on a case-by-case basis. The need for EIA for
expansion projects is also depending on the processing capacity, impact,
existing environment, and the sensitivity of the DOE may request a new EIA
report or Supplementary EIA.
ii. Projects that originally are non-prescribed activity, but expansion results the
project to fall under the list of prescribed activities.

EIA report submission is not required for facilities that conduct process modification
to enhance production capacity but still utilizing same amount of input/raw material.
Submission of additional information (quality and quantity) of effluent is required.

Q3: Do EIA process differ between states?

The Environmental Quality (Prescribed Activities) (Environmental Impact


Assessment) Order 2015 is applicable at federal level. However, Sabah and Sarawak
have implemented environmental legislation at state level that subjects certain EIA
process under state jurisdiction. List of prescribed activity subject to EIA in Sabah
and Sarawak are described in Environmental Protection (Prescribed Activity)
(Environmental Impact Assessment) Order 2005 and The Natural Resources and
Environment (Prescribed Activities) Order 1994 respectively.

Q4: Does DOE maintain a list of EIA consultants?

Publicly accessible list of registered EIA consultants along with their contact details
is maintained by DOE (https://mycep.doe.gov.my).

1-9
Q5: Are there any policies and plans that proposed project should adhere to?

Project Proponent must ensure the concept of proposed project is not in contradiction
against any development plans and policies taken by the government. Project
proponents can refer to National Physical Plan, Structure Plan, Local Plan, and
Regional Plan and other relevant policies to ensure project is in line with government
plans.

Q6: What are the requirements on public display?

Public display and comment are required for Second Schedule prescribed activities
as stipulated in Regulation 3 (3) of Environmental Quality (Prescribed Activities)
(Environmental Impact Assessment) Order 2015. First Schedule prescribed activities
may be subjected to public display and comment if instructed in writing by Director
General under Regulation 3 (2).

Q7: Who reviews the EIA report? How long does the process requires?

DOE is responsible in reviewing and approving an EIA report and it may seek input
from other agencies, organizations, and experts to review the report. EIA reports for
First Schedule will be processed at respective DOE State office and EIA reports for
Second Schedule will be processed at DOE Headquarter. If the project involves two
or more states, EIA report will be process at DOE Headquarter.

The timeline for EIA report for First Schedule and Second Schedule activity are 25
and 45 working days respectively as stated in DOE’s Client Charter.

Q8: How long are the TOR and EIA approval valid?

The validity period for TOR is 2 years from the endorsement date. Extension on
validity period can be requested by Project Proponent through submission of written
letter providing justification on request to DOE Headquarters.

The validity period for EIA approval is 2 years. Project Proponent may request
extension on validify period via submission of written letter providing justification
on request to DOE State or Headquarters (where applicable).

Q9: What happens if an EIA report is rejected? Can the proposed project be carried
out?

If the EIA report is rejected, the Project Proponent will be informed via a formal letter
by the DOE. The following actions can be undertaken by the Project Proponent:
i. Project proponent wishes to pursue with the project can consult with DOE to
evaluate the reasoning on rejection and discuss on possible re-submission of
revised report.

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ii. Project Proponent may make an appeal to Appeal Board as prescribed under
Section 35 of EQA 1974.

Q10: Does EIA report approval tantamount to project approval?

No. According to Section 34A (3), DOE makes the final decision on EIA report
approval. Project approval is granted by the approving authority.

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02 LEGAL REQUIREMENTS
Section 2
LEGAL REQUIREMENTS
SECTION 2 : LEGAL REQUIREMENTS

2.1 INTRODUCTION
The key legislation relating to the EIA in Malaysia is the Environmental Quality Act,
1974 (Act 127) and its subsidiary Regulations and Orders. This EIA Guideline covers
all EIA activities under the Environmental Quality Act, 1974. It is not be applicable
for EIA legislations enacted under the state environmental laws of Sabah and
Sarawak.

As new legislation may be enacted and existing ones amended, Project Proponents
and EIA consultant should always refer to the most recent legislation.

2.2 ENVIRONMENTAL QUALITY ACT 1974


The Environmental Quality Act (EQA) was formulated in 1974 to prevent, abate, and
control pollution and to enhance the environmental quality in Malaysia. Regulations
and Orders have been made under the EQA to control and manage various
environmental aspects. The administration of the EQA is entrusted to the
Department of Environment (DOE) Malaysia. The DOE, an agency of the Ministry of
Environment and Water, is the authority established under the EQA and plays a key
role in the enforcement of the provisions of the Act and its subsidiary regulations.

2.3 SECTION 34A


Under the Environmental Quality Act 1974, Section 34A is the most important clause
pertaining to EIA. Section 34A lists all legal requirements (Table 2-1) for the EIA
ranging from the types of activities that require EIA, the EIA consultants, the power
to approve EIA reports, policy compliance as well as penalties for the violation of the
Act. The prescribed activities are described in Environmental Quality (Prescribed
Activities) (Environmental Impact Assessment) Order 2015.

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Table 2-1 Key Elements of Section 34A

Section Description
34A (1) • The minister after consultation with the council, may
prescribe any activities with potential significant
environmental impact as prescribed activity.
• Minister means the Minister charged with the responsibility
for environment protection.
34A (2) • EIA report must be conducted and reported by EIA consultant
who are appointed by Project Proponent/third party.
• Project proponent or EIA study team leader have to ensure
that all members in the EIA study team are registered with the
Department of Environment.
34A • The Director General shall maintain a list of EIA consultant
(2)(A) for conducting EIA.
• Project Proponent can refer to the list of EIA consultant in the
EIA Consultant Registration Scheme that is established by
Department of Environment.
34A (2)(B) • EIA consultant submitting the EIA report shall be responsible
of the content of the EIA report.
• EIA consultant to ensure that the EIA report does not contain
any false/misleading information.
• EIA consultant must have professional indemnity insurance
for any liability arising from the EIA report.
34A (2)(C) • EIA report should be reporting on significant impacts arising
from the Project.
• EIA report should be reporting on proposed mitigation
measures in order to reduce the arising impacts.
• In the preparation of EIA reports, project proponents and EIA
consultant need to refer the latest Environmental Impact
Assessment Guidelines and EIA Guidelines for specific
prescribed activities published by DOE.
34A (3) • Director General can approve the EIA report with or without
conditions if the EIA report fulfils the requirements from
DOE and technical agencies during the EIATRC meeting.
• Director General will inform the project proponent, EIA
consultant and approving authorities on the EIA approval.
34A (4) • Project proponent must ensure that the concept of the
proposed Project does not contradict with any development
plans (eg: National Physical Plan, Structure Plans, Local Plans
Regional Plans), policies or any decisions of the Government
of Malaysia prior to the EIA Study

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Section Description
• Director General will reject the EIA report if it is not in
accordance with development plan or physical plan approved
by approving authority.
• Director General will reject the EIA report if the report does
not conform to requirements under Section 34A (2)(C).
34A (5) • Director General may request for additional reports besides
EIA report from EIA consultant to be submitted for approval.
• Example of additional reports such as hydraulic study,
Erosion Soil Control Plan (ESCP), Health Impact Assessment
(HIA), Traffic Impact Assessment (TIA), etc.
34A (6) • The project proponent shall not carry out project covered
under prescribed activity until the EIA and EMP reports have
been submitted and approved by the Director General.
34A (7) • Project proponent should provide sufficient proof of
compliance on approval condition provided by DOE.
• Project Proponent to ensure the proposed mitigation measures
as stated in the EIA report are being incorporated into the
design, construction, and operation stage.
34A (8) Breach of Section 34A will result in
• Fine not exceeding RM 500,000 or to imprisonment for a
period not exceeding five years or both.
• Further fine of RM 1,000 for every day of continued offense
after notice.
34AA (1) Director General may issue prohibition order or stop work order to
the project proponent if:
• Project does not have approval under subsection 34A (3).
• Project violates approval conditions of the report.
• Project execution may result in environmental damage.
34AA (2) The timeline for prohibition or stop work order can be
• Either absolutely or conditionally
• A period as determined by the Director General
• Mitigation measures requested by Director General are
implemented.
34AA (3) Breach of Section 34AA will result in
• Fine not exceeding RM 500,000 or to imprisonment for a
period not exceeding five years or both
• Fine not exceeding RM 1,000 for every day of continued
offense after notice.

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2.4 PRESCRIBED ACTIVITIES
The Environmental Quality (Prescribed Activities) (Environmental Impact
Assessment) Order 2015 specifies the types of activities that require EIA approval
prior to implementation. The Order specifies two categories of prescribed activities
namely First Schedule and Second Schedule (Appendix C). The prescribed activities
specified in the First Schedule do not require EIAs to be made available for public
display and comment unless otherwise instructed by the DG, whereas the EIAs of
prescribed activities specified in the Second Schedule must be put up for public
display and public comment.

The Order also states the type of prescribed activities in Sabah and Sarawak that are
excluded from the provisions.

2.5 EIA IN SABAH AND SARAWAK


The states of Sabah and Sarawak have promulgated environmental legislation
requiring environmental assessment of activities which fall within State jurisdiction.
These include activities associated with the exploitation, development and use of
land and natural resources including water, soil, minerals, forest and other resources.

EIA Related Legislation in Sabah

Environment Protection Enactment


i. Environmental Protection Enactment, 2002 is administered by Environmental
Protection Department (EPD).
ii. The enactment is to make provisions relating to the protection of environment,
setting up Environment Protection Council and Environment Protection
Fund.
iii. Amendments are made in Environmental Protection Enactment
(Amendment) 2004.
Environmental Protection (Prescribed Activities) (Environmental Impact
Assessment) Order 2005
i. Prescribed activities are categorized into the First Schedule (7 prescribed
activities) and Second Schedules (12 prescribed activities).
ii. First Schedule activities requires submission of mitigation measures proposal
whilst Second Schedule activities requires EIA report submission.

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EIA Related Legislation in Sarawak

The Natural Resource and Environment Ordinance


i. Natural Resource and Environment Ordinance 1993 is administered by
Natural Resources and Environment Board.
ii. Activities prescribed under the Ordinance are related to the development of
natural resources Sarawak.
iii. Amendments are made in The Natural Resource and Environment
(Amendment) Ordinance, 2005.

The Natural Resources and Environment (Prescribed Activities) Order


i. Natural Resources and Environment (Prescribed Activities) Order 1994 are
categorized into First Schedule (7 prescribed activities)
ii. It excludes mandatory public participation in the process, relegating the
matter to the discretion of individual project proponents.
iii. Amendments are made in the Natural Resources and Environment
(Prescribed Activities) (Amendment) Order 1995 and 1997.

2.6 OTHER RELATED LEGISLATION


Aside from the Federal and State legislation mentioned above, there are other
legislation that are relevant to the environmental planning and management during
EIA process as shown in Appendix D. It is the responsibilities of the EIA consultant
and Project Proponent to refer to relevant and latest legislation during EIA Report

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03 POLICIES AND PLANS
Section 3
POLICIES AND PLANS
SECTION 3 : POLICIES AND PLANS

3.1 INTRODUCTION
Effective project planning and decision-making requires proper understanding of
national and state policies and plans. A decision as to whether a project may be
allowed to proceed or not often rests with the project meeting basic requirements of
international conventions, national/state policies. These may be in the form of
statutory or non-statutory requirements from one or more national agencies or
authorities, which have either direct or indirect interest in the project.

Project Proponent need to ensure and demonstrate that the proposed project is in line
with development plans, policies, or any decisions of the Government of Malaysia.
These include:
i. National Policies
ii. Development/ Land use Plans

3.2 NATIONAL POLICIES


Policies at the national level are design to help the country to achieve its visions and
goals. The policies highlighted the strategies towards sustainable development and
at the same time protecting the environment. There are three key national policies
as shown in Table 3-1.

Table 3-1 Key National Policies

No Nation Policy Description


1. National Policy on National Policy on the Environment is to ensure
the Environment environmental protection and the conservation of
natural resources for sustainable development. The
objectives are to achieve:
• A clean environment, safe, healthy and
productive environment for present and future
generations
• Conservation of country’s unique and diverse
cultural and natural heritage with effective
participation by all sectors of society,
• Sustainable lifestyles and patterns of
consumption and production.

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No Nation Policy Description
2. National Policy on To conserve its biological diversity, promote its
Biological sustainable use and ensure fair and equitable sharing of
Diversity the benefits arising out of the utilisation of biological
resources.
3. National Policy on Aim to provide the framework to mobilise and guide
Climate Change government agencies, industry, community as well as
other stakeholders and major groups in addressing the
challenges of climate change in a holistic manner

Project Proponent and EIA Consultant must also refer to other relevant policies as
shown in Appendix E during EIA study. Project Proponent and EIA Consultant are
required to ensure that the proposed project is in line with and do not contradict with
the latest policies.

3.3 DEVELOPMENT AND LAND USE PLANS


Development plans and statutory land use plans exist at regional, state and local
levels. The Project Proponent must ensure that the proposed project is in line with
these development plans as required under Section 34A (4)(A) of the EQA. Project
Proponent must evaluate the proposed Project in terms of its compatibility with
respect to the gazetted structure and local plans, surrounding land use, provision of
set-backs or buffer zones.

3.3.1 National Physical Plan

• Emphasis on sustainable development and planning as


a key principle in achieving a resilient and liveable
nation in 2040.
• The physical and spatial planning will lead to the
inclusion of the main focus of Growth, Resiliency,
Liveability and Sustainability.
• It contains three thrust and strategic directions that
covers dynamic urban and rural growth, spatial
National Physical Plan sustainability and resilience to climate change and
(NPP) building inclusive and liveable communities.

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• Provides guidance for sustainable planning,
development, conservation and management in coastal
areas until 2030.
• Three main objectives of the such as to preserve coastal
biodiversity, to create dynamic and sustainable coastal
zone and to improve the marine water quality.

National Coastal Zone


Physical Plan

3.3.2 State Structure Plans

The State Structure Plan (Figure 3-1) is a written statement explaining the policy and
general proposal of the state authority in respect of the development and use of land
in the state, including measures for:
i. Improvement of physical living environment;
ii. Improvement of communication, the management of traffic;
iii. The improvement of socio-economic well-being and the promotion of
economic growth; and
iv. Facilitating sustainable development

Function of Structure Plan:


i. Translating the policy of the National Physical Plan (NPP);
ii. Provide a development framework for the Local Plan (LP);
iii. Determine the State’s major land use; and
iv. Determine the state’s key projects.

The Project Proponent should refer to the latest structure plans to ensure that the
proposed Projects are in line with the structure plan direction.

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Figure 3-1 List of State Structure Plans in Malaysia

3.3.3 Local Plans

Local Plan can be defined as detailed land use plan (map) supported by written
statement explaining proposals for the development and use of the land in the area.
The local plans are prepared by the local planning authorities or the state planning
departments at any time during the preparation of. Or upon the coming into effect
of a structure plan. Project Proponent must ensure that the proposed Projects are
located at correct designated land use based on the Project activities.

3.3.4 Special Area Plans

Project Proponent must engage with Sate Town and Country Planning Department
to ensure that the Project is in line with the Special Area Plan (if any). Special Area
Plan is a development plan prepared for the purpose of implementation, which is a
Development Action Plan in the form of Layout Plan or Management Plan. The Plan
is supported by Detailed Development Specification and Development Action
Schedule. Special Area Plans are prepared by the local planning authorities or state
planning department at any time during the preparation of, or upon the coming into
effect of a structure plan or a local plan.

3.3.5 Other Development Plans

Growth corridors/ regions (Table 3-2) are special regions that have been identified
by the Government for accelerated growth and development. All these growth
corridors/regions have their own development plans to ensure a balanced and fair
distribution of growth and dispersal of development as well as to achieve an

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integrated and efficient infrastructural framework. It is also a tool for managing the
growth and development of city regions or conurbations.

Table 3-2 Growth Corridors/ Regions

No Planning Regions Description


1. Northern Corridor • NCER covers the four northern states (Perlis, Kedah,
Economic Region Pulau Pinang and Perak).
(NCER) • It focuses on projects related to strategic infrastructure,
thematic industrial parks, agribusiness, tourism, and
technology advancement.
• The region’s economic growth and transformation is led
by the Northern Corridor Implementation Authority
(NCIA).
2. Iskandar Malaysia • IM covers Johor state.
(IM) • It focuses on projects related to electrical & electronics,
petroleum and oleo-chemical, food & agro-processing,
logistics, tourism, creative, healthcare, education, and
financial and business process.
• The development of Iskandar Malaysia is planned,
promoted and facilitated by Iskandar Regional
Development Authority (IRDA)
3. East Coast Economic • ECER comprises the states of Kelantan, Terengganu,
Region (ECER) Pahang and the district of Mersing in Johor.
• The main economic activities are centered on oil & gas,
petrochemical, manufacturing, agribusiness, urban
tourism, ecotourism, arts, culture and heritage tourism
• The developments in ECER are led by the East Coast
Economic Region Development Council (ECERDC)
4. Sarawak Corridor of • SCORE is an economic region and development corridor
Renewable Energy covering central Sarawak.
(SCORE) • The main economic activities are heavy & energy-
intensive industries, smart city, services hub, R&D, halal
hub, hydroelectric power, agriculture, oil palm and forest
plantation, eco-tourism and eco-tourism.
• The developments in SCORE are managed by the
Regional Corridors Development Authority (RECODA)
5. Sabah Development • SDC is an economic region and development corridor
Corridor (SDC) covering Sabah.
• The main economic activities are structured
infrastructure for transportation, utilities and
communication. It also focusses agriculture, services and
manufacturing sector.
• The developments in SDC are led by Sabah Economic
Development and Investment Authority (SEDIA)

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ROLES AND RESPONSIBILITIES OF KEY
04
STAKEHOLDERS
Section 4
ROLES AND RESPONSIBILITIES OF KEY
STAKEHOLDERS
SECTION 4 : ROLES AND RESPONSIBILITIES OF KEY STAKEHOLDERS

4.1 INTRODUCTION
EIA process is iterative process with multiple stakeholders with the aim of producing
the optimal project execution with minimal negative impact towards the
surrounding environment and society while reaping intended benefits. To achieve
that aim, the roles and responsibilities of key stakeholders should be clearly outlined.
Figure 4-1 identifies the key stakeholders involved in EIA Process

Figure 4-1 Key Stakeholders of EIA Process

4.2 DEPARTMENT OF ENVIRONMENT


Department Of Environment is the main agency to administer
the EIA process and review the EIA report by virtue of powers
granted to it under the Environmental Quality Act 1974. The
roles and responsibilities for DOE are as below:

i. According to Section 34A (3), DOE under


Assessment Division will make the final decision
on approving the EIA report
ii. To appoint EIA Technical Review Committee (EIATRC) and Appointed
Individuals (AIs).
iii. To set-up Terms of Reference Adequacy Check (TORAC) Meeting and EIA
Technical Review Committee (EIATRC) Meeting.
iv. To follow-up for any written comments from the Technical Review
Committee.
v. To prepare minutes of meeting for TORAC and EIATRC Meeting.
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vi. To issue EIA approval conditions and EIA approval letters.

4.2.1 DOE Headquarters

DOE Headquarter (HQ) is responsible to review TOR and EIA reports that fall within
the Second Schedule prescribed activities stipulated under (Environmental Quality
(Prescribed Activities) (Environmental Impact Assessment) Order, 2015. Prescribed
activities of First Schedule that involves two or more state jurisdiction is assessed in
DOE HQ.

Technical review committee (TRC) which comprises of DOE HQ officers will


evaluate the submitted EIA report for Report Adequacy (RAC). RAC evaluation
covers report format, scientific and technical error, compliance to TOR and others.
EIA reports that pass RAC evaluation will be eligible for evaluation for EIATRC.
DOE HQ is responsible is assembling the advisory committee for TORAC and
EIATRC. Director-General of DOE will make the final decision on the approval of
EIA report after due consideration on the opinions and views of the EIATRC
members.

Other responsibilities for DOE HQ are to formulate the EIA guidelines and guidance
documents for EIA process. DOE HQ is responsible to regulate EIA consultants via
registration and training schemes to ensure EIA process is being conducted by
credible individuals.

4.2.2 DOE State

DOE state is responsible in assessing and approving EIA reports that fall within First
Schedule prescribed activities. As TOR submission is not required for First Schedule
activities, DOE state engages with Project Proponent and EIA consultant in
preparation of scoping notes. DOE state director is responsible in approving the EIA
report after considering the opinions and views of EIATRC members.

4.3 TECHNICAL REVIEW COMMITTEE


The EIA Technical Review Committee (EIATRC) is an adhoc body formed by the DOE
to advise the Director General of Environment (or the Director of the State DOE) in
the review of EIA TOR and EIA reports. The EIATRC may, depending on the nature
of the project, consist of:

• Various divisions with the DOE


• Other government agencies
• Appointed experts
• Non-governmental organisation

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The EIATRC’s primarily role is to:
• Review and advise the DOE on the adequacy of the EIA Terms of Reference
for Second Schedule prescribed activities
• Review and advise the DOE on the adequacy of the EIA Report for First and
Second Schedule prescribed activities

The selection of EIATRC members is solely at the discretion of the DOE. Typically,
the choice of members will depend on the nature and the locality of the project

4.4 APPROVING AUTHORITIES

The Approving Authorities is the Government IMPORTANT


Authorities that has the task of deciding, after taking A project cannot take off
account of the costs and benefits of the project, until development
whether a project should proceed. Different approval for all the
approving authorities are referred to assess the requirements has been
development application starting from securing the obtained.
site until completion of the building ready for
occupation and operation. Approving authorities will grant approval for the
following application (but not limited to) subjected the application has fulfill all the
requirements by the approving authorities:

i. Land title
ii. Planning permission
iii. Building plan
iv. Fire & Rescue Department Plan
v. Earthwork, Road & Drainage Plan
vi. Landscape Plan
vii. Street/Compound Lighting Plan
viii. Building Structural Plan
ix. Utility provision plan
x. Construction permits

The project approving authorities include (but not limited to):

• National Development Planning Committee (NDPC) for Federal


Government sponsored projects;
• State Executive Council (EXCO) for State Government sponsored projects;
• Various Local Authorities or Regional Development Authorities (RDA) with
respect to planning approval within their respective areas; and
• Ministry of International Trade and Industry (MITI) or Malaysian Investment
Development Authority (MIDA) for industrial projects.

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• Various government agencies such as State Land and Mines Office, District
Land Office, State Town and Country Planning Department, Public Works
Department, Department of Irrigation and Drainage, Fire and Rescue
Department, Construction Industry Development Board, Department of
Safety and Health, etc.

4.5 PROJECT PROPONENT


Project Proponent is the individual or corporation which is proposing to implement
a prescribed activity. Project Proponent may consist of either private or public sector.
In the normal course of project development, he is responsible for the planning of his
project and must bear a cost. Similarly, he is responsible for the environmental
planning of his project and must bear its cost. He may delegate the task of impact
assessment to an EIA consultant, but he remains responsible for the content of any
EIA report for his project.

Project Proponent’s responsibilities are as below:

i. Appoint EIA consultant to conduct the EIA study. If the Project Proponent
plans to conduct the EIA study, he/she must register as EIA Consultant
under DOE. Nevertheless, Project Proponent must be responsible for the
content of EIA report.

ii. To provide information on project concept, project design and the rationale
of the proposed project to EIA consultants.

iii. Participate in public participation and stakeholder engagements processes


with EIA consultant.

iv. Ensure the submission of relevant number of copies of the EIA report to the
DOE for review and, where needed, for public display;

v. Be available for the TORAC or EIATRC review meeting(s) and site visit
including preparatory works for the latter.

vi. Must comply with EIA Approval Conditions and implement the mitigation
measures outlined in the EIA report.

vii. Execute the project and bear the overall project and environmental protection
costing.

viii. Conduct environmental and audit programmed during construction and


operation phase.

ix. Provide relevant and accurate responses to any request for additional
information or clarification about the project.

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x. Arrange for relevant payments to be made for cost incurred in the review of
the EIA report (eg: public display fee and honorarium fees to the appointed
individual).

4.6 EIA CONSULTANTS


The EIA consultant is the individual who conducts the
environmental impact assessment. He may be the IMPORTANT
leader or a member of a team and is employed by and All EIA consultants
is responsible to the Project Proponent. The EIA must have valid
consultant must be registered with the DOE and registration throughout
the EIA period until
possess expert knowledge in field of assessment. EIA
approval of the report.
consultants do not necessarily have to be a third party
as they could be an employee of the Project Proponent
as long as they are registered with the DOE. EIA consultants are tasked to conduct
comprehensive EIA study and present the findings for decision making process. EIA
consultants are held responsible to the content of the report under Section 34A (2)(B)
of EQA 1974 (Act 127).

EIA consultants who undertake the EIA must abide by the Code of Practice that is
designed to ensure that the EIA is undertaken in an ethical and professional manner.

There are three categories of EIA consultants as below:


i. Certified Environmental Professional in EIA(CePEIA) / Team leader
ii. Subject Consultant
iii. Assistant Consultant

The roles and responsibilities for EIA consultants are as below:

EIA Consultants Roles and Responsibilities


i. To conduct quality control (QC) to ensure the quality
of TOR/EIA Report meets the requirements of DOE
and any specific EIA Guidelines;
ii. To conduct stakeholder engagements and public
participation with affected communities.
iii. To advise Project Proponent on effective mitigation
measures to mitigate potential or existing negative
impacts from the Project activities.
iv. To provide relevant and accurate written responses
to any request for additional information or
clarification about the EIA report by the Technical
Review Committee or public.

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EIA Consultants Roles and Responsibilities
i. Only CePEIAs with more than 5 years’ experience are
qualified to be appointed as study team leader.
ii. To select competent team members to conduct the
EIA study.
iii. To lead the scoping exercise for the EIA study.
iv. To provide guidance for the team members on the
direction of EIA study or assessment required.
v. To lead the presentation on the findings of the EIA
study to the Technical Review Committee during
TORAC and EIATRC meeting.
i. To conduct the specific studies and/or assessment
due to his/her subject specialization based on the
approved TOR or scope of EIA study.
ii. To prepare and defend the EIA report especially on
the specific fields of the subject matter he/she
specialized.
iii. Ensure the report and recommendations do not
contain any false or misleading information.
i. To assist in preparing the TOR and EIA report.
ii. To conduct sampling and data collection for the EIA
Study.

4.7 PUBLIC AND INTERESTED PARTIES


The public and interested parties have important roles in the EIA proses. The public
and interested parties include (i) communities close to or affected by the project; (ii)
land owners, business owner, farmers or fishermen; (iii) anyone who may be affected
by he projects in any way, (iv) non-government organizations with specific interest
in the area or subject matter; (v) business organisations and many more. Their roles
include :

i. To identify and communicate community needs, desires, and expectations to


the Project Proponent.
i. To identify potential risks and impacts of proposed project, as well as
possible project alternatives and impact avoidance strategies.
ii. To provide formal feedback or comments to voice out their concerns or
support the proposed project during public engagement or public display.

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05 TERMS OF REFERENCE
Section 5
TERMS OF REFERENCE
SECTION 5 : TERMS OF REFERENCE

5.1 TOR REQUIREMENT


Preparation and submission of Terms of Reference (TOR) report is required for
Second Schedule of Environmental Quality (Prescribed Activities) (Environmental
Impact Assessment) Order 2015.

For Prescribed Activities under First Schedule, Project Proponent and EIA consultant
are required to prepare scoping note (See Section 5.3.1) in the EIA report. Project
Proponent and EIA consultant are recommended to have internal discussion with
the DOE State on the scoping notes during EIA report preparation.

5.2 SCREENING PROCESS


First step in screening process is to determine whether a proposed project is a
prescribed activity under the Environmental Quality (Prescribed Activity)
(Environmental Impact Assessment) Order 2015.

If the proposed project is a prescribe activity, the Project Proponent can proceed with
site suitability assessment. The Project Proponent must ensure the selected Project
site:
• is not within environmental sensitive areas
• is in line with development plans
• meets the buffer requirements
• is compatible with the existing and future land use

Figure 5-1 shows the flowchart of screening process.

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Figure 5-1 Flowchart of Screening Process

5.3 TERMS OF REFERENCE PROCESS


The TOR is intended to provide guidance to the Project Proponent on how the EIA
should be conducted. The TOR assists all parties (DOE, Project Proponent and EIA
consultant) to focus on the issues which need to be addressed in the EIA.

5.3.1 Scoping Notes for First Schedule EIA Projects

Since there is no TOR submission for First Schedule EIA Projects, Project Proponent
shall conduct a scoping exercise to identify the potential adverse environmental
issues of concern in order to determine the focus, scope and content of the EIA.

Scoping notes should be concise and not be more than 5 pages. The scoping notes for
First Schedule EIA Project should at least have the following items:

1. The project title stating nature of proposed activity

2. Presence of sensitive receptors


• List the sensitive receptors in and around the project site

3. Significant impacts due to the project or activity identified:

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• List environmental impacts which are likely to be significant (not
taking into account control or mitigation measures.)

4. Impacts which are unknown or uncertain as to the impact but may occur:
• List environmental impacts which are uncertain or could arise and
require further investigation.

5. Social issues
• List potential social issues such as relocation, land acquisition,
previous or ongoing protest. If there are social issues, explain the
stakeholder engagement process

6. Any special requirements for the EIA


• Special requirements include any baseline survey or study (example -
long-term wind data, ecological survey, public consultation).

5.3.2 TOR for Second Schedule EIA Projects

The TOR will identify key issues and further outline the environmental data
collection that is required, determine the assessment techniques to be used and
identify the appropriate methodologies for impact prediction and assessment. Thus,
this procedure is a vital stage in the EIA procedure.

The purpose of scoping in TOR is to:


i. avoid excessive detail issues that are irrelevant and omission of important
issues.
ii. determine the required baseline data.
iii. select appropriate methods of impact assessment, including survey
methodology where relevant.
iv. propose early indication of where mitigation measures may be necessary.
v. reduce requests for additional information once the EIA Report is submitted.

The scoping exercise in TOR should provide the following details:


i. A list of activities which may cause environmental and social impacts,
together with initial estimates of the likelihood and the potential magnitude.
ii. A list of environmental receptors that are likely to be affected by the different
stages or activities of the project.
iii. A plan for conducting the technical studies, including details of methods to
be used and resources required.

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Project Proponent and EIA consultant can conduct good practices during scoping
process as below:
i. Make early site visits to Project Site in order to ensure that matters of natural
and cultural heritage and other environmental or social concern are identified
at an early stage.
ii. Establish appropriate consultation arrangements with related government
agencies, interviews with local communities.
iii. Conduct the scoping exercise in a systematic manner, preferably using
scoping matrices.

5.3.3 Impact Assessment Methodology

Suggested criteria for selecting impact assessment methodology are as follows:


i. The predicted nature and scale of the impacts.
ii. The overall timescales of the different phases of the project.
iii. The practicability of the work required.
iv. The expertise and experience required and its availability to the EIA team.
v. The importance of environmental issues in the assessment of the particular
project.
vi. The requirements of information gathering and the availability and
accessibility of the information.
vii. The geographical scale and location of the project.
viii. The extent of field survey required.
ix. The need for laboratory work, GIS, computer modelling and other resources
and sophisticated techniques of limited availability.

5.4 TOR REVIEW PROCEDURE


The TOR will be reviewed both by the DOE Headquarters and assisted by an Ad-
Hoc Review Panel appointed by the DOE. A decision on the acceptance or not of the
TOR may result in one of the following:
i. Approval for Project Proponent to proceed to submit the EIA report,
ii. Request for additional information or revision of the TOR
iii. Rejection, project design or proposal to be revised, or
iv. Rejection, project is recommended not to proceed.

The TOR must be endorsed before the EIA report can be submitted. The overall
process for review and approval of the TOR is shown in Figure 5-2.

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Figure 5-2 TOR Review and Endorsement Flowchart

5.5 FORMAT OF TOR REPORT


Project Proponent and EIA consultant are required to ensure the following items are
covered in the TOR.
• statement of need for and objectives of the proposal;
• brief project background and description of activities to be undertaken;
• overall project schedule;
• indication of extent of study area or impact zone(s) (e.g. the affected
environment and community);
• applicable policy and institutional considerations;
• EIA requirements and decision-making particulars;
• provisions for stakeholder engagement;

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• alternatives and options examined or to be studied;
• the impacts and issues of focus to be studied including those which are
unknown and require further investigation;
• the criteria and standards to be applied for the assessment;
• the studies to be carried out, including baseline studies for existing
environmental quality, socio-economic surveys, and others (indicating
approach, time & space boundaries);
• the requirements for mitigation and monitoring;
• the timeframe for completion of the EIA and report;
• an outline of the Environmental Management Plan; and
• the particulars, activities, responsibilities, and expected outputs of the
study team.

The recommended format for TOR report is as per Table 5-1. However, Project
Proponent and EIA consultant may add on further details subjected to the activities
of the Project.

Table 5-1 Format of TOR Report

No Chapter Description
1 • Describe the Project Title and need for EIA for the
proposed Project under which EIA prescribed activities.
• Include contact details (complete address, phone, fax
numbers and email) of Project Proponent and EIA
Introduction Consultant.
• Details of study team (must be registered with DOE) who
will carry out the EIA study, which include:
➢ DOE Registration number.
➢ Academic background.
➢ Experience.
➢ Area of study.
➢ Declaration (signatures).
2 • Describe the following items with enough details to
understand about the proposed Project:
➢ project background.
➢ project location.
Project ➢ project components.
Information ➢ project process and technologies involved
➢ statement of need.
➢ project activities during construction and operation
stage.
3 • Outline project options (project site, project alignment,
project design and technologies, etc) that will be studied or
described to justify that the Project will result in the least
environmental impacts.
Alternatives
Consideration

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No Chapter Description
4 • Describe the following items with enough details to
understand about the existing environment surrounding
the proposed Project:
➢ land use.
Existing ➢ existing environment such as topography, geology,
Environment soil, river system, ecology, traffic, etc.
➢ quality of existing air quality, water quality, noise and
vibration quality.
➢ critical sensitive receptors
➢ social economic profile and culture
• List out standards, criteria, acceptable limits, etc that will
be used to obtain baseline data.
5 • List and describe potential significant environmental
impacts from proposed Project during construction and
operation stage.
• List out potential concurrent or planned projects that may
Potentially result in cumulative impacts.
Significant • List out modelling tools, methodologies, etc for
Environmental undertaking impact assessment and evaluation of
Impacts significance. Provide name of models, applicability of
models and tools, verifiability of results, how results are
verified and the extent of accuracy of these tools.
• List out standards, criteria, acceptable limits, etc that will
be used to assess the environmental impacts.
6 • Outline possible mitigation measures, best available
technologies and best management practices that will be
implemented to address the environmental impacts of the
project.
Mitigation
Measures
7 • Prepare project implementation schedule and project
assessment timeline that will describe the details of all
studies/investigations to be carried out: who, where,
when, how, etc. with indicative dates.
Study Timeline

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06 UNDERTAKING THE EIA
Section 6
UNDERTAKING THE EIA
SECTION 6 : UNDERTAKING THE EIA

6.1 INTRODUCTION
Key elements of an EIA report are as follows:
• To examine and select the best from the project options available;
• To predict the environmental impacts including residual impact and
determine their significance; and
• To identify and incorporate into the project plan appropriate abatement and
mitigating measures;
• To identify the environmental costs and benefits of the project to the
community.

In describing the proposed prescribed activity, all relevant phases of the existence of
the project from construction through to operation, decommissioning, and
restoration need to be considered. The information provided within this section of
the Guidelines is to serve as guidance on the approach, methodology and type of
information to be included in an EIA.

It must be stressed that EIA for a prescribed activity is unique to that particular
activity and location of Project Site. While the information described here is generic
and of relevance to most projects, specific consideration must be given for situations
which are unique or differ from the norm. Another important aspect to consider is
the level of detail required relative to the sensitivity of the existing environment and
the potential of the project for significant effects.

6.2 DEFINING STUDY AREA


Prior to collecting data and construction of project database, it is important to firstly
define the study area in order to be able to identify the sensitive receptors relevant
to the study. Defining the study area affected by the project will give a clear
delineation of the study area and ensures data collection is comprehensively covered
and in relation to the concerns identified. The area to be studied must be large
enough to include all valued environmental resources that might be significantly
affected by the project.

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6.2.1 Zone of Impact

As a general rule of thumb, the “study area” is the area impacted by the project (also
known as the “zone of impact”). It is determined based on the nature of the impact
and the extent to which its consequences are significant. For example:

i. Air Quality - Air emissions are likely to spread over wide and long distances
from its source and this is influenced by the nature and type of pollutant
released and the temperature and wind conditions that prevail. The area of
impact includes the area of spread of the pollutant up to the point where it is
significant enough to cause an effect.

ii. River water quality - Pollutants discharged into a river are carried
downstream by the flow of water and spread of the pollutant is linearly along
the river. Hence, downstream activities that may be affected are those that
utilize water from the river such as, irrigation, water supply, aquaculture
fisheries, and aquatic wildlife in the river.

iii. Marine water quality - Within the marine environment, the spread may not
be so well defined as current and wave movements in the sea may change
with season. The zone of impact due to discharges into the marine
environment is likely to vary with the season and hence may require to be
determined by hydraulic modelling.

6.2.2 Zone of Study

Two types of boundaries are usually considered in EIA.

i. Geographical or ‘spatial’ boundary which physically define the study area of


a project by:
➢ the nature of the project;
➢ the nature of the impacts;
➢ sensitivity of the receiving environment;
➢ availability of data; and
➢ natural boundaries.

ii. Temporal or ‘time frame’ boundary which sets the timeframe to allow
inclusion of past and future developments that could lead to indirect or
cumulative impacts or impact interactions. Setting time frame depends on:

➢ historical use of the area, e.g. former industrial activities or landfill;


➢ the local, or national planning horizons for future development;
➢ lifetime of the project from construction to decommissioning.

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As a general guide for determining the physical boundary of a study area, the
following considerations may be applied:

i. For most projects, it is common to set the physical zone of study area in the
range of 3-5km from the project site boundary.
ii. When an emission from a point source is considered and the spread of the
pollutant is likely to be beyond the 3-5 km distance, the extent of the study
area should be the area to which the pollutant is predicted to disperse.
iii. For linear type projects such as, road or railway, the study area must be
tailored to its linear route and possibly not more than 500m beyond its right-
of-way.
iv. Where a project infringes on an environmentally sensitive area, such as
wetland, lake or wildlife sanctuary, the study area may need to include the
extensiveness of the sensitive area.

6.2.3 Identify Sensitive Receptors

In the context of an EIA, sensitive receptors refer to human and natural living
resources which are likely to react adversely to an effect caused by an activity.
Correctly identifying sensitive receptors is an important task in any EIA as incorrect
identification of the receptors may render the impact assessment exercise futile.

Prior to identifying the sensitive receptors, one


IMPORTANT
must have understanding of the likely
environmental impacts arising from the EIA report should identify
proposed project. Sensitive receptors need not and map all environmentally
sensitive areas within the
necessarily be near the project site, for example:
zone of impact.

➢ Where the main impact is likely to be air pollution related, the sensitive
receptors downwind of the project site are to be identified.
➢ Where the main impact is likely to be water pollution related, the receptors
downstream of the discharge need to be identified.

Sometimes it may not be possible to correctly identify all sensitive receptors at the
onset of the EIA. As the EIA progresses and the findings of the various studies and
analyses become available, the EIA consultant should re-examine the initial list of
sensitive receptors and update them accordingly.

In identifying sensitive areas adjacent or within the impact zone of the proposed
project, the EIA consultant should conduct site visit, engage with related government
agencies for more information and updated land uses.

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These areas must be documented in the Existing Environment chapter and must be
clearly mapped (See Figure 6-1) and shown in relation to the Project location. For
linear type projects that traverse long distances, several maps may have to be
produced to show the key areas in detail.

Figure 6-1 Example of Map Showing the Sensitive Receptors

6.3 STATEMENT OF NEED


The statement of need of proposed Project should describe the following items:

i. establish a social and/or economic need for the project;


ii. conclude with a definite statement of the aim of the project and what it will
achieve;
iii. be clear and transparent as acceptability of the project is often influenced by
what the public is able to understand and perceive. This reaction is often
measured by how the project will affect them and if the project meets the
needs of society, the region or the nation.

The statement of need must focus on the core purpose of the project and not on the
attendant benefits. Justification for the project may involve consideration of the
following factors:

i. National and/or State interest


ii. Existing situation regarding supply and demand
iii. Projection on demand over the project lifetime
iv. Current available sources and other similar projects throughout the country
v. Benefits of the project

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vi. The economic developmental needs of the country
vii. Social improvement
viii. National and/or State priorities.

6.4 PROJECT DESCRIPTION


The project description should present a clear concise description of aspects of the
project that will provide an understanding of what the project is about and how it is
to be undertaken. The key aspects that are required to be described and reported in
an EIA report include:

i. A brief description of the project location, alignment, layout;


ii. A detailed description of the project and the activities associated with it;
iii. A schedule for implementation of the project.

The amount of information provided must correspond to the likely nature of the key
environmental issues as shown in the examples below:

➢ the main environmental issues from large scale housing project or


development of hydro dam are construction-related and therefore the
construction methods and sequence need be elaborated in-depth, rather than
its operations; and

➢ for projects where the main environmental impacts are likely to arise from its
operations (such as power plant or industry), the design and operational
aspects need to be discussed in depth compared to the construction phase of
the facilities.

The brief description of the project in the beginning of the EIA report is intended to
provide the reader with a quick overview of:

i. What the project is about?


ii. Who the Project Proponent is?
iii. Where it is located?
iv. What it is intended for?
v. Who is involved in the development of the project?

The description should be concise. The project description should give a reader a
grasp of what the project is about within a short time, and this may be supplemented
with more detailed description in the appended sections of the EIA report (See Table
6-1).

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Table 6-1 Description of Project Activities

Feature Description
The description of the development on the site includes
issues such as the following:
• location of the development: local and site context;
• distance to other significant features onsite and offsite;
Site Layout • coordinates of proposed Project;
• level and height of the proposed development in relation
to existing features;
• location in relation to environmentally sensitive areas
• extent of site coverage/use and the size of the site;
• a plan of the existing site accompanying the proposed
site plan at an appropriate scale.
In providing a description of the significant physical
characteristics of the proposed development, the following
aspects may be included:
• Design and/or planning basis including key
considerations in designing or planning the project;
• layout of the development on the site;
Project Design • shape, surface and characteristic features of each
element;
• principal activities proposed;
• principal processes proposed (flow charts should be
included);
• associated or secondary developments;
• proposed pollution control measures designed

Note: EIA study is mostly prepared during at early stage of


the Project, detailed design may not be available. Therefore,
conceptual design layout or design process of Proposed
Project is acceptable. However, it is expected for detail design
will be included in the EIA study for expansion Project.
The description of project size or scale indicates the
magnitude or intensity of the development when in
operation. It includes issues such as the following:
• Size or magnitude of operation, including any associated
activities required by or for the project;
Size and Scale • area, length, width and height of each major element;
• relative size and scale of the development in its context;
• extent of the activities proposed;
• Raw materials utilization and product outputs, types, etc.;
• volume, magnitude or intensity of each process;
• number of features clearly indicated where relevant
(such as the number of houses, villages, etc.).

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Feature Description
Where the project or a development involves an extension or
expansion of an existing operation, the description of the
existing environment includes those parts of the
development already in place. To include information such
as:
• Pollution control measures and equipment in existence;
Existing • Environmental control measures in existence;
Development/ • Infrastructure and amenities utilized or in existence;
Operation/ Site • Workforce.
Features

Components of the project implementation schedule should


cover pre-feasibility, feasibility, construction, operation and
abandonment stage. It should cover information as below:
• Critical timeframe path of planned key activities
Project including major discussion.
Implementation • Appropriate timeframe for the EIA report review
Schedule process to avoid delay in the project completion.

Regardless of the type or nature, consideration should be given to the following:

a. Project descriptions should be supported by maps, plans and appropriate


diagrams (process, material flow, etc.);
b. Schematic representations of the project components such as flow diagrams
are useful as they provide a clear picture of the project operation;
c. For new technologies, examples of similar use and pictorial presentation will
give extra merit to the description provided; and
d. Measures considered for the project to meet environmental standards,
environmental operating conditions, and health and safety risk requirements.

Item (d) emphasis the good operational management aspects incorporated into the
project. The pre-feasibility study for the project would normally have considered
these aspects as environment, health and safety risks are important project selection
and decision criterion. Inclusion of the likely operation management into the EIA
gives an impression that the project has been thoroughly thought through.

6.5 PROJECT OPTIONS


Consideration of alternatives or options in the project design is an integral part of
project planning. It is one of the key features of the EIA assessment as project and
technology selection may determine the type and magnitude of environmental
impacts that will result. Improper selection of a process or technology can lead to
significant environmental and/or socio-economic impacts that can lead to rejection
of the project.

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A comparison of alternatives/options will help to determine the best method of
achieving project objectives while minimising environmental impacts or, more
creatively, indicate the best practicable environmental option. If possible, all the
alternatives that were considered for the project and evaluated are described
including options that have been considered in the early stage of project planning or
before the EIA consultant was engaged. This demonstrates that the project has been
planned adequately, taking into consideration various options. The principle
features of each option should be explained and the economic, technical and
environmental advantage and disadvantages of each should be discussed and
evaluated as far as possible.

The consideration of project alternatives/options is likely to be most useful when the


EIA is undertaken early in the project cycle, i.e. during the stage of screening or
scoping. EIA consultant can include the Project Options as shown in Figure 6-2.
However, not all projects will require the elaboration of all types of options.

Figure 6-2 Type of Project Options

• Explanation on the various other sites that were considered


before the proposed site was chosen. For each site, the land use
compatibility, technical and environmental advantages and
disadvantages should be discussed.

Site options

• Highlight the advantages and disadvantages of each


technology’s options. For example, technology variation in
industrial project, waste treatment and disposal projects.
• The advantages and disadvantages of methods that may be
applied could be explored from many angles such as
Technological environment benefit and the ease and cost of maintenance.
options

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• Important for projects where the most significant impacts are
during the construction phase. Road and rail projects,
transmission line, residential developments, etc are the example
of projects where the construction process could lead to
significant impacts.
• Under the construction method options, the various sub-options
Construction method that could be discussed include:
options ➢ Construction sequence options
➢ Construction material options
➢ Construction logistics options

• Important for linear development projects. The advantages and


disadvantages of each option in terms of cost, ease of
construction and the avoidance of sensitive areas should be
examined.
• Must describe the various alignments that were originally
considered by the Project Proponent.
Alignment options

• Important particularly where land use compatibility issues arise


that have significant bearing towards sensitive receptors and
areas (such as hospitals and schools).
• Description of various layouts that were considered and the
advantages and disadvantages of each option evaluated are to
be discussed.
Layout options • To show (if any) the evolvement of the original layout to one that
is adopted as there is justification for the changes, example,
locating noisy activities away from sensitive receptors.

• Important to avoid issues such as noise and vibration, competing


use of energy and even for reduction of potential for accidents.
• These options may include those associated with a change in
mode or time of operation, use of alternative materials or fuels,
or alterations in the operation of machinery or equipment.

Operations options

• Is required for all projects and to highlight any social, economic


or environmental benefits that may accrue from the project and
which would be denied to the society if the project is not carried
out.
• To include changes from the existing situation as a result of other
developments taking place in the vicinity and changes in
No project options environmental conditions.

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Some tips on presentation of the findings:

i. One of the methods to present the comparison between the various


options is in a matrix format.
ii. The project options section of the EIA provides an opportunity to
highlight the economic, technological and environmental advantages of
the chosen project option.
iii. The elaboration of the project options should, where appropriate, be
supported by maps, diagrams, pictures and other visuals.
iv. It is also important to highlight that the alternatives considered are
implementable cost-effectively.

6.6 ENVIRONMENTAL BASELINE DATA


Baseline data collection should commence from the very beginning of the
environmental assessment process. However, data needs and types should be
considered at the early stage of project planning, such as the pre-feasibility study or
during the screening process. It is crucial to clearly define the data needs, types and
source at very early project stage to avoid redundancy and time wastage.
Comprehensiveness of the data available will influence the decisions made during
the scoping exercise, preparation of the TOR, and the input towards the EIA.

Good baseline data must be able to describe the existing environmental quality and
problems at the project site. Comprehensive baseline data is important as it will be
used as input for prediction of environmental impacts.

6.6.1 Establishing Data Needs

Baseline data is consisting of primary and secondary data. The type and extent of
data collection will depend on the nature of the project and the likely impacts. Prior
to commencing on a data collection exercise, the Project Proponent / EIA Consultant
must have some understanding of the environmental impacts likely to arise from the
proposed project.

Data requirement is usually based on the environmental components that have been
established during scoping. The following may be used as a guide to determine data
need:

i. Primary data collection should be focused to that which is relevant and


needed for the purpose. For example, sampling and analysis for those
parameters relevant to the project and not every parameter in the regulations.
ii. Primary data is needed if secondary data is not available, inadequate or
unreliable, or for establishing current conditions as a result of recent events

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which have affected the environment. For example, land use within the upper
catchment of a river has recently been changed.
iii. Where there is adequate recent secondary data available, attempt should be
made to use these data to minimize cost and time.
iv. Where there is need for establishing temporal trends, secondary data will be
needed.

6.6.2 Primary Data

Primary data usually entails surveys and sampling (See Figure 6-3) exercise to collect
information that is reliable for assessment or modelling that will be carried out. This
is usually required when detailed assessment is undertaken for a particular effect,
for example, understanding the pattern of dispersal for a pollutant.

Typical primary data that may be collected is shown Table 6-2

Table 6-2 Example of Primary Data

Primary Data Description


Air quality or To be used for air quality modelling
meteorological data
Water quality (river, To be used for water quality modelling
lake or marine water)
Noise and vibration To be used for noise/vibration modelling
Soil and groundwater To be used for contaminant dispersion modelling
Social or socio-economic To be used as assessment of impacts to affected communities
or population (both direct impacts, such as the need for
relocation of population, or indirect)
Health data For establishing the effects of a contaminant on the health of
the receiving population
Hydrological and For hydraulic modeling, flood prediction, dam break
hydraulic situations
Ecological To describe the species diversity and abundance for ecological
modeling or understanding ecological linkages and
sensitivities to impacts

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Figure 6-3 Examples of Primary Data Collection

Important considerations which require to be taken into account in primary data


collection are:

i. Data collection should focus on the zone of impact. However, the primary
data may be extended if there are any potential indirect and cumulative
impacts predicted outside of the zone of impact.
ii. Data collection is to take into account varying seasonal changes. Sampling
and/or monitoring should be carried out for extended period to capture the
different seasonal conditions. For example, dry and wet, cold and hot, or
varying prevailing wind conditions. In some instances, a minimum period of
a year or across the spectrum of seasonal changes is required.
iii. When baseline environmental sampling is carried out, results should always
be compared against prescribed environmental quality standards. This will
provide the reader with an idea as to the existing status of the environment
and allow a comparison as to how much this will be affected by an activity.
iv. Samples collected for physical, chemical or biological analyses shall be
analyzed only by a SAMM Accredited Laboratory or an EIA consultant with
expertise in the field. In presenting the data, one is to include details of the
sampling including the person in charge, time, date and location of samples.
v. Raw data from the survey or sampling is to be retained for future verification
or analysis. A copy of the survey analysis or laboratory report is to be
appended in the EIA report.

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6.6.3 Secondary Data

Secondary data are available from various sources and all these may be sourced.
However, attention needs to be paid to the following:

i. Data shall only be extracted from verified, legitimate or authorized sources


(e.g from the relevant government agencies or registered organisations,
published documents and publications or journals.
ii. Acknowledgement should be made as to the source of information.
iii. Adequate information as to the reliability and the date of source of
information is to be clearly stated.
iv. Secondary data obtained from other sources can be used as additional/
supporting information or for comparison purpose (where relevant).

6.6.4 Considerations in Data Collection

Improper baseline data collection may lead to delay in report submission and extra
costing. Some common mistakes in baseline data collection that Project Proponent
and EIA consultant can avoid.

i. Tendency to provide equal coverage on all aspects of the existing


environment which is not necessary. The extent of coverage must
commensurate with the importance of the subject matter for a particular
project.
Example, there is no need to carry out extensive baseline air quality data if air
pollution is not likely to be an issue.

ii. The spatial extent of data collection does not commensurate with the spatial
extent of the predicted impacts.
Example, the water quality modeling may state that the impacts will persist 20 km
downstream but the sensitive receptors such as water intakes are only identified
within a 5 km distance.

iii. The parameters measured do not correspond with the pollutants predicted.
Example, air quality may be measured in terms of only TSP, NOx and SOx, but the
proposed activity could be releasing methane which is not measured.

iv. The locations of field measurements do not reflect sensitive receptors.


Example, if there is a water intake 10 km downstream of an effluent-discharge, water
quality at that intake must be known.

v. Data is collected for parameters or components that are not used in the
analysis of impacts.

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Example, many reports tend to provide extensive climatological data which is often
not used in any of the subsequent analysis. Just because the data is available or can
be easily collected, does not mean it must be used in the EIA.

vi. Old data is used.


The field data that is collected in the initial stages of the EIA could become
outdated – more than 2 years old.
Example, the Project Proponent decides to make major changes to the project design
or is unable to temporarily proceed with the project. It is the responsibility of the EIA
Consultant to carry out additional sampling to ensure that the data used is current.

6.7 STUDYING THE EXISTING ENVIRONMENT


The most important consideration in documenting the “existing environment” is to
provide the reader with sufficient appropriate information in relation to the key
environmental issues. The EIA consultant should therefore have a good
understanding about the key environmental issues of the project before commencing
on documenting the existing environment. The key to documenting the existing
environment is the provision of good maps and appropriate photographs.

Table 6-3 shows the list of components to describe the existing environment.

Table 6-3 List of Component for Existing Environment

Components Requirements Data Sources


Physical
• Land use maps and photos. Primary Source:
• Description of existing and future ✓ Site survey.
land use. ✓ Aerial photos
• Identification of Environmentally (Drone).
Sensitive Areas (ESAs) and impact
Land-use
receptors. Secondary Source:
• Land-use compatibility assessment. ✓ Topography map
(JUPEM).
✓ Satellite imagery
(Google Earth).
✓ Structure Plan and
Local Plan
✓ Local Authority.
✓ Industrial park
developer.
✓ Past studies.

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Components Requirements Data Sources
• Description of local and regional Primary Data
geology. ✓ Sub-strata survey
• Locations of aquifer and such as geophysical
groundwater abstraction wells. work (if necessary).
Geology and
Hydrogeology Secondary Source:
✓ Geological maps
✓ Hydrogeological
maps
✓ Past studies.
• Soil investigation (SI). Primary Source:
• Soil erosion potential. ✓ Site survey.
• Description of existing topography. ✓ SI report.
• Construction suitability map. ✓ Land surveyor
Soil and report.
Terrain
Secondary Source:
✓ Soil erosion risk
map
✓ Reconnaissance soil
map
✓ Past studies.
• Description of hydrological systems Primary Source:
within project area and ZOS or ZOI, ✓ Site survey.
whichever is greater.
• Flood prone areas. Secondary Source:
Hydrology • Drainage network. ✓ Topography map
and Drainage ✓ Flood map .
✓ Drainage network
(Local Authority).
✓ Past studies.
Environmental
• Climate data (minimum 10 years). Secondary Source:
• Surface air data. ✓ METMalaysia.
• Upper air data. ✓ 5th Generation
Mesoscale Model
Climate (NCAR MM5).
✓ Weather Research
and Forecasting
(WRF) mesoscale
model.
✓ Past studies.

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Components Requirements Data Sources
• Measurement and analysis of Primary Source:
ambient noise and vibration levels ✓ Noise and vibration
of the project site and nearby monitoring.
sensitive receptors. ✓ Site survey.
Noise and • Locations of noise pollution sources.
Vibration Secondary Source:
• Identification of sensitive receptors.
✓ Past studies.
Surface Water: Primary Source:
• Sampling and analysis of surface ✓ Water sampling.
water quality. ✓ Site survey.
• Measurement of flow rate in
waterways and calculation of Secondary Source:
Water Quality
pollution load at the project area (if ✓ Hydraulic data
required). ✓ State Water
• Locations of water pollution Authority
sources. ✓ Groundwater
• Identification of downstream ✓ Environmental
receptors such as water intake Quality Report and
points, fish cage cultures, Environment
recreational park, etc. Quality Monitoring
• River hydraulic data. System
• River water quality trends. ✓ Compendium of
Environment
Groundwater: Statistics by the
• Sampling and analysis of Department of
groundwater quality. Statistics
• Identification of groundwater flow ✓ Past studies.
regime.

Marine Water (if necessary):


• Sampling and analysis of marine
water quality.
• Marine sediment.
• Sampling and analysis of ambient Primary Source:
air quality of the project site and ✓ Air monitoring.
nearby sensitive receptors. ✓ Site survey.
• Locations of air pollution sources.
• Identification of air sensitive Secondary Source:
Air Quality
receptors. ✓ Environmental
• Air quality trends. Quality Report and
Environment
Quality Monitoring
System.

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Components Requirements Data Sources
✓ Compendium of
Environment
Statistics by the
Department of
Statistics.
✓ Past studies.
• Sampling and analysis of odour of Primary Source:
the project site and nearby sensitive ✓ Odour
receptors. measurement.
• Locations of odour sources. ✓ Site survey.
• Identification of air sensitive
Odour receptors. Secondary Source:
✓ Past studies.
Biological
• Description of existing ecology and Primary Source:
habitats. ✓ Ecological survey.
• Identification of ESAs (forest
reserve, wildlife reserves and Secondary Source:
sanctuaries, wetlands, mangroves, ✓ FDPM.
Ecology
fisheries, etc.). ✓ DWNP.
• Presence of endemic, rare, ✓ DOF.
threatened, endangered and near ✓ DOE.
extinct flora and fauna. ✓ Past studies.
Socio-economic
• Data on demography and socio- Primary Source:
economic profiles of stakeholders ✓ Field survey.
within the ZOI. ✓ Social Impact
Assessment (SIA)
report.
Demography

Secondary Source:
✓ Local profile reports
from community
leaders.
✓ Population Census
(DOSM).
✓ Local Plans (Local
Authority).
✓ Past studies.
• Communicable disease data Primary Source:
(monthly data for at least 1 year). ✓ Field survey.
• Chronic non-communicable disease
Public Health (yearly data for at least 5 years).

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Components Requirements Data Sources
• Disease prevalence within the ZOI. Secondary Source:
• Health issues within the ZOI. ✓ State Health
• Site specific exposure (not Department.
mandatory). ✓ Past studies.
• Access to the project site. Primary Source:
• Existing traffic condition within and ✓ Traffic survey.
surrounding the project site. ✓ Traffic Impact
Assessment (TIA)
Road report.
Network and
Traffic Secondary Source:
✓ Road Traffic
Volume Malaysia
(PWD).
✓ Past studies.
• Availability of existing and future Secondary Source:
utilities (water, electricity, • Water Supply
sewerage, waste management, road Authority/Provider.
networks, telecommunications, etc.). • Indah Water
• Identification of existing and Konsortium (IWK)
Infrastructure,
proposed sewerage lines. or State-based
Utilities and
Sewerage Operator.
Amenities
• Tenaga Nasional
Berhad (TNB).
• PWD.
• Local Authority.
• Past studies.
Cultural/Heritage
• Locations of historical and cultural Secondary Source:
sites. ✓ National Heritage
• Location of Orang Asli areas and Department.
settlements. ✓ Department of
Museum.
History,
✓ JAKOA.
Culture and
✓ Past studies.
Archaeology
Note: The list is not exhaustive, and not all items listed above are applicable to all EIA studies. The
subject areas to be covered in the baseline study should focus only on those aspects that are likely to be
affected. The areas generally depend on the nature, scale, location of the proposed project, and the extent
of the impact.

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6.8 IMPACTS IDENTIFICATION, PREDICTION AND
EVALUATION
Impact assessment for an EIA will involve three main phases as follows:

i. identifying the impacts under investigation IMPORTANT


associated with each phase of the project and
the activities undertaken; Selection of a suitable
assessment methodology
ii. predicting the characteristics of the main
is to take account of the
impacts in terms of its nature, magnitude,
nature, magnitude and
extent and duration; and complexity of the
iii. evaluating the significance of the residual potential impacts.
impacts that cannot be mitigated.

The aim of impact assessment is to predict the nature and magnitude of the identified
environmental impacts and to verify its conclusion whether it will be positive or
negative. It is to provide a comparison of the existing environment against those
alterations or changes to these conditions resulting from a project. It is a means to
estimate the likelihood of occurrence for the impacts.
There are many assessment methodologies that can be adopted for prediction of the
likely impact. The purpose of the Guidelines is not to recommend a single method
for assessing the impacts, but to recommend various approaches in which an assessor
can adopt and combine to suit the particular project. Selection of a suitable
methodology should take into account the nature, magnitude and the complexity of
the potential impacts that will be assessed.

6.8.1 IDENTIFICATION OF IMPACTS

In assessing potential impacts, it is important to consider the geographic scale over


which these impacts might occur. This can be global, regional or local. While the main
focus of the assessment is often on the natural or biophysical environment such as
effects on air and water quality, flora and fauna, noise levels, climate and
hydrological systems; consideration should also be given to social, health and
economic impacts.

In essence, impact assessment should cover the broader definition of the affected
environment as follows:
➢ human health and safety;
➢ flora, fauna, ecosystems (terrestrial and marine) and biological diversity;
➢ soil, water, air, climate and landscape;
➢ use of land, natural resources and raw materials;
➢ protected areas and designated sites of scientific, historical and cultural
significance;
➢ heritage, recreation and amenity assets; and

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➢ livelihood, lifestyle and well-being.

For effective impact identification, a simple logical and systematic approach is


recommended (Figure 6-4).

Figure 6-4 Process for Identification of Environmental Impacts

The following considerations require to be noted:

i. All the identified environmental/project impacts and interactions must be


taken into account. At the same time, ensure that indirect and cumulative
effects which may be potentially significant are not inadvertently omitted.
ii. Some or all of impacts identified may require detailed analysis and
evaluation. However, there is no need to address every issue identified with
the same level of details. The level of detail should be appropriate to the scale,
sensitivity and complexity of the issue. The choice of methodologies should
reflect these criteria.

An environmental assessment matrix may be applied for impacts identification and


assessment. Each matrix relates a list of project activities to components of the
physicochemical, biological and human environment. The matrices should be
prepared in consultation with the relevant authorities and agencies. As EIA is project
specific and location specific, the matrix must be tailored to the project itself.

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6.8.2 PREDICTION METHODOLOGY

Impact assessment can be carried out using a range


of prediction tools. As far as possible, IMPORTANT
environmental impacts shall be quantified. Environmental impacts that
However, where it is unavoidable, semi- are predicted shall be
quantitative methods may be used. Qualitative quantified or semi-
analysis of impacts shall be limited to those aspects quantified as far as
for which semi-quantitative or quantitative possible. Vague statements
methods cannot be used. are to be avoided

Important considerations when selecting a prediction methodology are:

➢ Remember that the assessment which will be carried out is project specific
and site specific.
➢ It is appropriate to know if methodology selected is appropriate for use
having considered the local conditions around the site.

6.8.2.1 Qualitative and Semi-qualitative Methods

Some of the common qualitative and semi-quantitative prediction tools used in


impact assessment are as follows:

6.8.2.2 Quantitative Methods

The ability to predict impacts quantitatively makes comparison among alternatives


and baseline conditions easier and facilitates impact monitoring and auditing later
in the EIA process. These can be done with the aid of various mathematical and
statistical models, some of which are presented in Table 6-4.

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Table 6-4 Examples of Quantitative Methods

Impacts Method of Assessments

Soil Erosion and • Annual soil erosion rate can be calculated using the Revised
Sedimentation Universal Soil Loss Equation (RUSLE) while
• sediment yield can be calculated using the Modified
Universal Soil Loss Equation (MUSLE).
• sediment transport model such as MIKE11 and HSCTM2D
Water Quality • One dimensional river water quality model by using mixing
model, QUAL2K, MIKE11, and EPD-RIV1
• simulation model for aquatic systems by using AQUATOX
• one, two or three dimensional to dynamically model
contaminate fate and transport in rivers, estuaries, lakes by
using WASP8 and DYNHYD5
Marine Quality • Hydrodynamic/ Sediment transport models (MIKE 21,
TUFLOW FV, EFDC)
• Chemical/ geochemical models
• Biological/ benthic model
Flood • Peak flow hydrographs for rainfall-runoff events in large
river basins or small urban watersheds such as: HEC-HMS,
FLO-2D, TUFLOW, MIKE FLOOD
Groundwater and • Groundwater and contaminant transport model such as
hydrogeology MODFLOW, Aqua3D, HSSM (Hydrocarbon Spill Screening
Model), MIKE - FEFLOW
Air quality • Air dispersion models include: SCREEN; Industrial Source
Complex Short Term (ISCST3) model; AUSPLUME;
CALPUF; AERMOD
Noise Techniques prescribed in:
• BS 5228-1:2009 Code of practice for noise and vibration
control on construction and open sites – Part 1: Noise
• ISO 9613-2 Acoustics – Attenuation of sound during
propagation outdoors Part 2: General method of calculation
• FHWA Traffic Noise Model Version 2.5
• Calculation of Road Traffic Noise (CRTN)
• Modelling software such as CadnaA Datakustik,
SoundPLAN and GIS based noise model.
Vibration Techniques prescribed in
• ISO 2613 Part 1,2 and 3
• British Standard 6472
Land Use • Map overlay techniques
• Comparative valuation against structure and/or local plans
Transportation • Traffic generation and flow models
• Marine traffic generation and flow models
Human Health Risk • Health Risk Assessment (HRA) (Dose Response method by
USEPA)

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Impacts Method of Assessments

• Guidance Document on Health Impact Assessment (HIA) In


Environmental Impact Assessment (EIA)
Quantitative Risk • ALOHA and PHAST are to predict the consequences or
Assessment severity of the pre-identified hazardous events such as fire,
explosion and also toxic gas dispersion.
Ecology • Ecological models (MIKE–ECOLab, Ecopath with Ecosim
(EwE)
Biodiversity • Spatial model such as GLOBIO3
Visual Aesthetic • Paper-based matrices for systematic comparison
• 2-D Viewshed Analysis (GIS layer)
• 3-D Viewshed Analysis (ArcGIS)

Factors to be considered when selecting a method for the assessment:

i. The method should be practical and suitable for the project given the data,
time and financial resources available.

ii. It should also be able to provide a meaningful conclusion from which it


would be possible to develop, where necessary, mitigation measures and
monitoring.

iii. Some key points to consider when choosing the method:


• the nature of the impacts,
• the availability and quality of data,
• the availability of resources (time, finance and human resources),
• the results can be easily understood by the decision maker and the public.

iv. Each method has its limitations and the accuracy of the findings differs. It is
important to state the reason for its selection and to highlight the assumptions
and limitations of the method and the results.

6.8.3 EVALUATION OF SIGNIFICANCE CRITERIA

To evaluate severity of impacts, the adverse impacts predicted are judged as to their
significance and this is used to determine the mitigation measures that will be
necessary to reduce the adverse impacts to acceptable levels. This judgment can be
based on one or more of the following considerations, depending on the
environmental factors being evaluated:

i. Comparison with laws, regulations or accepted national and local standards;


or international standards in the event that national/local standards and
limits are not available or adequate;

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ii. Reference to pre-set criteria such as, conservation or protected status of a site,
features or species;
iii. Consistency with government policy objectives;
iv. Comparison with best management practices;
v. Acceptability to local communities or the general public; and
vi. Consultation with experts.

The DOE has established certain standards and limits which are stipulated in the
EQA 1974 and its accompanying legislations and guidance documents. In the event
there are no national or local standards:

i. EIA consultant should recommend the standards or limits from


internationally recognized should be adopted and relevant to the activity,
ii. it could also be based on the design criteria imposed by the technical
standards of the Project Proponent, and
iii. the relevance of the criteria and measures to local circumstances should be
discussed.

In applying the above, care has to be taken to distinguish between compliance with
the standards or criteria as opposed to establishing the significance of the impacts.
Compliance with standards or criteria provides a demonstration of acceptability and
not necessarily indicates the impacts are not significant.

There are six interrelated factors which require to be taken into account when
assessing the significance of environmental impacts as shown in Table 6-5. For a
particular impact some factors may carry more weight than others but it is the
combination of all the factors that determine significance.

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Table 6-5 Factors to Consider During Impact Evaluation

Factors Description
Magnitude This is defined as the probable severity of each potential impact.
Typically, it is expressed in terms of relative severity, such as major,
moderate or low.

Magnitude may be determined from the following questions:


• Will the impact be irreversible?
• If reversible, what will be the rate of recovery or adaptability of an
impact area?
• Will the activity preclude the use of the impact area for other
purpose?
Prevalence This is defined as the likely eventual extend of the impact

For example: the cumulative effects) of a number of small effluent


discharges versus a single small discharge. Each one taken separately
might represent a localized impact of small importance and magnitude
but a number of such discharges (cumulative) could result in a
widespread effect.
Duration and Duration or frequency is reflected in the significance of the following
Frequency questions.
• Will the activity be long-term or short-term?
• If the activity is intermittent, will it allow for recovery during
inactive period?
Risk This is defined as the probability of serious environmental effects.

Note: to accurately assess the risk, both the project activity and the area
of the environment impact must be well known and understood.
Importance This is defined as the value that is attached to an environmental
component in its present state.

For example, a local community may value a short stretch of river for
water supply or for fishing. Alternatively, the impacted component may
be of regional, provincial or even national importance.
Mitigation Taken to be the effective solution to a problem and the significance of
the residual impact

Questions relevant to mitigation:


• Are solutions to problems available and how effective are the
measures?
• Does the solution adopt the best practical or best available option?
The significance of the residual impacts determines the effectiveness and
hence acceptability of the mitigation proposed.

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The possible assessment decisions using the above criteria may fall into the following
categories as shown in Table 6-6.

Table 6-6 Categories of Impacts Evaluations

Category Description
No Impact When a project activity is unlikely to have any effect on the
environmental component.
Insignificant Where an impact occurs but does not meet the criteria for significance.
Impact Potential adverse impacts are known but are not considered significant.
Significant Environmental impacts are judged to be significant if they create or have
Impact the potential to create concern and controversy. The following criteria
may be used to determine significance:
i. spatial scale of the impact (whether local, regional, or national/
international);
ii. time horizon of the impact (short, medium, or long term);
iii. magnitude of the change in the environmental parameter from the
project activities (small, moderate, large);
iv. importance to local human populations (for example, fish for
consumption, drinking water, income); or
v. national or international profile (for example, any rare or
endangered species).

6.9 MITIGATION MEASURES


Mitigation measures also known as Pollution Prevention and Mitigation Measures
(P2M2) is a process in the EIA which determines the possible preventive, remedial
or compensatory measures for the adverse impacts which have been evaluated as
significant. It aims to prevent adverse impacts from occurring and to keep residual
impacts within an acceptable level.

The overall objectives of P2M2 are to:


i. avoid and find better alternatives and ways of doing things;
ii. minimise or remedy the adverse impacts through adoption of mitigating
measures;
iii. enhance the environmental and social benefits of a proposal; and
iv. ensure that residual adverse impacts are kept within acceptable levels.

Mitigation measures can be carried out in two ways:

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6.9.1 Mitigation Measures Adoption

The main principles of mitigation measures (P2M2) adoption are as follows:

i. The need and extent of P2M2s required shall correspond to the significance
of the predicted impact. Once an impact is identified as significant, P2M2s
shall be recommended in the EIA Report. For minor issues, simple
management actions will be sufficient (i.e. operating water bowser for dust
control at the site and hoarding installation as noise control at the site).

ii. Priority shall be given to control at source (i.e. use of erosion control covers
on slopes and platforms to reduce erosion) rather than to rectifying the
impacts (i.e. maintenance of silt traps and removal of accumulated silt from
drainage).

iii. Propose P2M2 should not be a generic measure. It has to be project-specific


and designed for the site conditions. P2M2s should be practical, easy to
implement and effective with a minimum cost.

iv. Adequate explanation on the design and function of a P2M2s should be


included in EIA reports. It can be supported by diagrams, illustrations,
photos and maps. The EIA report should also include technical reports and
specifications as an appendix.

v. Project Proponent is encouraged to use new technology. Project Proponent


or the EIA consultant should provide proof and supporting documents that
the proposed technology is tried and tested, and able to address the impacts.

vi. P2M2s require regular inspection, maintenance and rehabilitation. These


shall be incorporated as part of the management requirements of the project,
including the allocation of adequate budgets for such purposes.

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vii. Effectiveness of P2M2s shall be documented through the implementation of
a monitoring programme.

viii. EIA consultant should propose Best Management Practices (BMPs) based on
the findings of the EIA for the project site.

The P2M2s and BMPs shall be incorporated into the overall design of the project.
Submission of the EIA and the pledge given by the Project Proponent shall reflect the
agreement and commitment towards ensuring implementation of the mitigation
measures on-site throughout the development of the project.

6.9.2 Elements of Mitigation Measures

Mitigation measures are not to be viewed as being an end-of-pipe solution. The


elements of mitigation measures can be organized into a hierarchy of actions as
shown diagram and Table 6-7 below:

Table 6-7 Preference for Selection of Mitigation

Category Description
Avoid The first principle for the application of mitigation is to give preference to
avoid and prevent measures. This can be most effective when applied at
an early stage of project planning, i.e. during the pre-feasibility and
feasibility stage and can be achieved by:
i. not undertaking certain projects or elements that could result in
adverse impacts (for example, oil exploration within sensitive
marine ecosystems such as coral reefs);
ii. avoiding areas that are environmentally sensitive (for example,
avoid steep unstable areas for housing);
iii. putting in place preventative measures to stop adverse impacts
from occurring (for example, release of water from a reservoir to
maintain minimum flow for fisheries); and

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Category Description
iv. avoid the use of certain technologies that are known to cause
significant impacts (for example, the use of tunneling as opposed
to open trenching).
Minimize Minimisation involves the adoption of mitigation measures which limit
or reduce the degree, extent, magnitude, or duration of adverse impacts.
It can be achieved by:
i. scaling down the project,
ii. relocating or reorientation of facilities,
iii. redesigning elements of the project,
iv. phasing construction and operation,
v. adoption of end-of-pipe control technologies, and
vi. landscaping, monitoring and auditing
Offset Offset is the last resort that is to be considered when there is no other
means to eliminate or reduce the identified impacts further.
Compensation is generally for loss incurring as a result of the project and
include:

i. resettlement of people in new locations,


ii. compensation for loss of property (monetary or otherwise),
iii. provision of alternative amenity areas,
iv. establishment of nature reserves to replace those which are lost,
v. relocation of endangered species,
vi. replanting of forests to compensate for additional CO2 emissions,
vii. reducing emissions from other existing facilities that contribute
to the overall impact (such as, reducing the total emission load to
the atmosphere).

6.9.3 Determining the Need for Mitigation

If a significant impact is apparent, the basic rules that may be applied in designing
mitigation measures are:

i. The extent of mitigation measure must correspond to the significance of


predicted impacts.
Example: if a particular issue is predicted to be significant (such as a chemical spill
affecting coral areas), the mitigation measures must be elaborated in detail. Where the
issue is minor, simple measures need be highlighted (such as soil erosion due to
runoff).

ii. The mitigation measures should, as far as possible, be specific and directly
related to the impacts issues.
Example: the use of acoustic barrier to control noise transmission from a source.

iii. Recommended measures may include what is possible to be implemented


conceptually for the project but at least the key mitigation measures must be

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project specific. General specifications of the measures, where appropriate,
should be indicated.
Example: a reverse air baghouse system for control of air pollutants or an anaerobic
digester of 60 cu.m capacity for treatment of high strength organic waste.

iv. The mitigation measures should, as far as possible, be illustrated by diagrams,


drawings, pictorial representations or maps. Narrative descriptions are to be
minimized.
Example: plan to show location of proposed silt traps and flood retention basin.

The nominated or selected mitigation measures should be described clearly in the


EIA report in terms of:

• the impact it is designed to mitigate;


• the expected effectiveness in terms of reducing or preventing impacts;
• the alternative measure(s) that is next best;
• its cost (as needed) and appropriateness for adoption; and
• the implementation plan for putting the measure into practice.

6.9.4 Important Reminders in Mitigation Measures

Project Proponent and EIA consultant are reminded of the following:

i. Choosing a mitigation measure for the adverse impact may affect layout,
design, programme, raw material selection, methods of transporting raw
materials and products, processing techniques, waste treatment techniques,
waste disposal, and other aspects. These changes need to be kept in focus to
ensure that the measures proposed do not give rise to other issues that might
affect the final project plan.

ii. When a measure is considered impractical, feasible alternatives to the


proposal should be evaluated and the best practicable environmental option
for the project should be identified. For a measure that is identified and
agreed upon to mitigate an adverse impact, the measure chosen should be
customised to minimise each of the main impacts in terms its appropriateness
while at the same time is environmentally sound and cost effective.

iii. Mitigation of impacts is an iterative process and should be considered at all


stages of project planning. Discussions between the EIA consultant and the
Project Proponent should be maintained at all times during the EIA as the
type of measure to be adopted should be evaluated for all options of
mitigation that provides the best solution, is practical, and at affordable cost.
The Project Proponent has to be aware as to their ability to adopt, and the
applicability and reasonable practicability of the measures to the project.

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iv. The effects of mitigation must be measurable so that compliance can be
demonstrated via monitoring and auditing. These measures should be
captured within a plan framework such as the Environmental Management
Plan or EMP.

6.9.5 Land-Disturbing Pollution Prevention and Mitigation Measures


(LDP2M2)

The Land-Disturbing Pollution Prevention and Mitigation Measures (LD-P2M2) is


required for any land disturbing activities during the construction phase. EIA
consultant should prepare LD-P2M2 document by following Guidance Document
for the Preparation of the Document on LDP2M2 (2017)

The LD-P2M2 report shall include all required information as per the LD-P2M2
standard requirements for submission (Table 6-8) and accompanied by relevant
technical drawings and maps.

Table 6-8 Standard Requirements for the LD-P2M2 Submission

Requirement Information to be Included

Project Activity and • Phasing plan.


Implementation • Project implementation schedule.
• Description of construction activities.
• Construction schedule complete with timeline or charts
for P2M2s installation.
• Construction method statements.
Information and • Selected weather and rainfall data.
Analysis on Project • Site runoff velocity and flow rates (pre and post-
Development development).
• Description of site soil and geological characteristics
(type, erodibility, hydrologic group, percentage
dispersible material,excavation depth, etc.).
• Description of adjacent affected areas by land
disturbance.
• List of drainage, streams and river onsite as well as
receiving streams and rivers.
• List of P2M2s proposed.
• Access roads and project components located outside of
project boundary.
• Earthworks cut and fill volume.
• Availability of rocks materials.
• Biomass management.
• Solid (construction waste) and domestic waste
management.

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Requirement Information to be Included

• Spill prevention and control plan.


• Hazardous waste management.
• Soil loss prediction (pre, during and post-development)
for with and without LD-P2M2 implementation
scenarios.
• Calculation for sediment traps/basins and projected
runoff flows.
Map of Site Plan with • Topographic survey map.
Existing Conditions • Geological Terrain Map.
• Erosion risk map.
• Landuse map.
• Site development plan map.
Source: Guidance Document for the Preparation of the Document on LD-P2M2, EGIM.

6.10 RESIDUAL IMPACTS


Residual impacts are remaining impacts even after application of mitigation
measures. Of most concern are those effects that do not show up over the short term
but have potential to be significant in the long term. Example of residual impact as
shown in Table 6-9:

Table 6-9 Example of Residual Impacts

Residual Impacts Examples

Human health Air pollutants for which exposure can increase the rate of
cancer cases, or noise affecting hearing
Natural ecosystem Deposits of sediment on coral reefs
health
Primary productivity, Suspended sediment on primary production, or noise and
animal breeding, lights along beaches used by turtles for nesting
nesting or feeding
Productivity of crops Acid emissions that can cause acid rain which affects soil
characteristics
Effects on groundwater Chemical contaminants that leach into the ground
Affect local customs and An influx of foreign labor on local population
culture
Affect the livelihood Relocation or resettlement of population and destruction of
arable land or natural resources

Residual issues represent the most important information from an EIA report and
the acceptability of the EIA report and the project rests on these findings. Under the
circumstances where the residual impacts are not acceptable, the decision of the DOE
will likely be not to approve the EIA and hence the project.

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Often, residual issues may not be predicted with certainty and may only be
ascertained from completion of the project and when it is operating. In this case the
risk for giving an approval has to be established. Where the risk is not likely to be of
concern, a decision can be made to approve the EIA and the project can proceed. In
this regards, post-EIA monitoring is mandatory. Monitoring will provide feedback
to the Project Proponent and the regulatory bodies on the outcome of the project and
to determine if mitigation measures proposed were effective.

6.11 ECONOMIC VALUATION


One of the aims of the EIA is to identify the environmental costs and benefits of the
project to the community. This objective requires not only the identification of the
(physical) environmental impacts of the project, but further requires that these
impacts be monetized and transformed into environmental costs (negative
environmental impacts) and environmental benefits (positive environmental
impacts).

It is of importance to note that this does not call for the undertaking of a cost-benefit
analysis of the project. While not denying the importance of cost-benefit analysis in
guiding the allocation of scarce private and public sector resources, the focus of EIA
lies in the identification, quantification, and monetization (economic valuation) of
the environmental impacts of the project. However, the economic valuation can be
used as reference for more comprehensive cost-benefit analysis.

The DOE has issued the “Guidelines on the Economic Valuation of the
Environmental Impacts for EIA Projects”. Project Proponent and EIA Consultants
should use this document as a guide in assessing the economic costs and benefits of
the Project.

6.12 PUBLIC PARTICIPATION


Public participation is part of important process in EIA study as it will be a benefit to
the planning of the project in any of the following ways:

• to receive feedback, including those from the public and affected population,
on their concerns and any recommendations;
• to determine the appropriate measures required to avoid or mitigate the
identified concerns from stakeholders;
• to clarify the nature of impacts or provide a better estimate to the magnitude
of impacts;
• to provide project planners with a better understanding of community
aspirations and needs; and
• to allay fears and improve the social acceptability of the project.

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The need for public participation is mandatory for Second Schedule EIA projects.
However public perception survey should be conducted for First Schedule EIA
projects that are within areas of major public concern and highly sensitive areas
where it is potential to lead to public outcry. Suitable mechanisms for public
participation are further explained in Chapter 7 of the Guidelines.

6.13 REPORTING AN ASSESSMENT


The suggested format for reporting an EIA is presented in Appendix F of the
Guidelines and may be used as a guide for preparing EIA reports. The Project
Proponent and EIA consultant are responsible for preparing the report and or its
content and must bear the cost of its preparation and distribution.

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07 PUBLIC PARTICIPATION
Section 7
PUBLIC PARTICIPATION
SECTION 7 : PUBLIC PARTICIPATION

7.1 INTRODUCTION
Public participation is a key activity in the EIA process. Public participation involves
processes whereby all those with a stake in the outcome of a project can actively
participate in decisions on planning and management. Each stakeholder has his/her
own knowledge and interest, and may contribute to improve the project design,
environmental soundness, and social acceptability. EIAs that successfully involve a
broad range of stakeholders tend to lead to more robust environmental assessment
processes and, consequently to projects that deliver more environmental and social
benefits. Effective public participation also improves the ability of the government to
make informed decisions and result in improved decision-making as the views of all
parties are considered.

7.2 BENEFITS OF PUBLIC PARTICIPATION


Public participation in project planning and EIA process is beneficial as it enables the
Project Proponent:

• to inform the stakeholders about the proposed project, its benefits and how it
fits within the overall national or state development planning as well as the
implications of not proceeding with the project.

• to inform stakeholders the likely impacts from the projects and what steps
have been taken to minimize adverse impacts.

• to allay suspicion and apprehension among the potentially affected parties.

• to obtain feedback from stakeholders with regards to their concerns about the
project, ways to improve the project and ways to overcome some of the
potentially adverse effects.

• to identify, avoid and resolve disputes and reconcile conflicts at an early stage.

• to measure and promote the social acceptance of the project in the community
and avoid costly modifications or abandonment of the project at a later stage.

Public participation is mutually beneficial for the Project Proponent and the
stakeholders. The earlier stakeholders are engaged, the more likely these benefits are

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to be realized. The ultimate objective is to ensure that the project can be implemented
smoothly with maximum benefits to the stakeholders. This includes gaining
goodwill and understanding by the stakeholders.

The benefits of public participation for project proponent, decision maker, and
affected communities are shown in Table 7-1.

Table 7-1 Benefits of Public Participation

Project Proponent Decision Maker Affected Communities


Raises the Project Achieves more informed Provides an opportunity to
Proponent’s awareness of and accountable decision raise concerns and influence
the potential impacts of EIA making the decision-making process
projects on the
environmental and affected
community
Legitimize the EIA projects Provides increased Provides an opportunity to
and ensure greater assurance that all issues of gain better understanding
acceptance and support by legitimate concern have and knowledge about the
the stakeholders been addressed environmental impacts and
risks that may arise.
Improve public trust and Demonstrates fairness and Increases the awareness on
confidence of the EIA transparency, avoiding how decision-making
projects accusations of decisions process work, who make
being made ‘behind closed decisions and on what basis
door’ the EIA approval.
Assists by obtaining local Promote good relations with Empowers people,
information /baseline data the proponent and third providing the knowledge
parties that the communities can
influence the decision
making and creating greater
sense of social responsibility
Avoid potentially costly Avoid potentially costly Ensures all relevant issues
delays in EIA approval by delays later in the EIA and concerns are dealt with
resolving the conflicts at process by resolving conflict prior to the EIA approval
early stage early

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7.3 IDENTIFICATION OF STAKEHOLDERS

7.3.1 Who Are the Stakeholders?

There are many definitions of stakeholders. Some of these include:

Stakeholders are persons or groups who are directly or indirectly affected by a project, as well
as those who may have interests in a project and/or the ability to influence its outcome, either
positively or negatively. Stakeholders may include locally affected communities or individuals
and their formal and informal representatives, national or local government authorities,
politicians, religious leaders, civil society organizations and groups with special interests, the
academic community, or other business (Source : IFC, 2007)

Those groups who are vital to the survival and success of the corporation.
(Source: Freeman 2004)

The stakeholders in a corporation are the individuals and constituencies that contribute, either
voluntarily or involuntarily, to its wealth-creating capacity and activities, and that are
therefore its potential beneficiaries and/or risk bearers.
(Source: Post, Preston, & Sachs 2002)

A party with an interest in an organisation, e.g., employees, customers, suppliers or the local
community. This is due to the effect that the organisations activities will have on them,
although they are a "third party" in that they are outside of the organisation. It can also be
used to describe people who will be affected by a project, or who can influence it, but who are
not directly involved in doing the work. (Source: London South East. www.lse.co.uk)

Any group or individual who is affected by or can affect the achievement of an organization’s
objectives. (Source: Freeman 1984)

In the context of EIAs, stakeholders can be taken as (i) any person or group who is
directly or indirectly affected by the project, (ii) those who may have interest in the
project and (iii) those who may have the ability to influence the outcome of the
project. It is therefore obvious that the range of stakeholders for any project can be
very wide.

7.3.2 Identification of Stakeholders

The Project Proponent and EIA Consultant should identify all stakeholders for the
Project as early as possible. These could include:

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Government Agencies

The government agencies involved in the EIA process will want to have their policy,
requirements and regulatory responsibilities addressed in impact analysis and
mitigation consideration. For the competent authority, an effective public
involvement programme can mean the EIA project may be less likely to become
controversial in the later stages of EIA approval and implementation. For the
responsible EIA technical agencies, the concern will be whether or not the public
involvement process conforms to requirements and procedures.

List of government agencies that Project Proponent and EIA consultant should
engage with are as shown in Table 7-2
Table 7-2 List of Government Agencies

Federal Sabah Sarawak

• Department of • Department of • Department of


Agriculture Irrigation and Agriculture Sarawak
• Department of Drainage Sabah • Department of
Fisheries • Environmental Irrigation and
• Department of Protection Department Drainage Sarawak
Forestry • Local authorities • Department of
• Department of Health • Ports and Harbour Veterinary Services
• Department of Department Sarawak
Irrigation and • Public Works • Forest Department
Drainage Department Sabah Sarawak
• Department of • Sabah Forestry • Land and Survey
Occupational Safety Department Department Sarawak
and Health • Sabah Lands and • Local authorities
• Department of Orang Survey Department • Natural Resources and
Asli Development • Sabah Wildlife Environment Board
• Department Of Department • Public Works
Sewerage Services • Sewerage Service Department (PWD)
• Department of Department Sabah Sarawak
Wildlife and National • Town and Regional • Sarawak Forestry
Park Planning Department Corporation
• Local authorities • Sewerage Services
• Malaysian Public Department Sarawak
Works Department
• PLANMalaysia

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Local Communities

Individuals or groups in the affected community will want to know on the likely
impacts and measures in reducing the impacts of the EIA project. Examples of local
communities are as below:

• residents’ association
• local residents
• Jawatankuasa Keselamatan & Kemajuan Kampung (village committee)
• community leaders
• indigenous communities

The engagement is to ensure that Project Proponent and EIA consultant able to
understand the issues/concerns raised by the local communities and how the Project
Proponent and EIA consultant will address the issues/concerns in the EIA report.
The local communities will want assurances that their views will be carefully listened
to and considered on their merits.

They will also have knowledge on the local environment and community that can be
incorporated into baseline data in the EIA report. Project Proponent and EIA
consultants can consider the issues/concerns and information gathered from local
communities for potential project design modification. Engagement with local
communities increases the transparency over the decision-making process and
provides better understanding on outcomes. This may aid in easing the approval
process from relevant authorities.

Non-governmental organisations

Comments from Non-governmental organizations (NGOs) can provide a useful


policy perspective on the EIA project in terms of the relationship of the EIA project
to meet sustainability objectives and strategy. They will also have knowledge of the
local environment and community that can be incorporated into baseline data in the
EIA report.

Example of NGOs that Project Proponent and EIA consultant could engage with are
as follows:
• Environmental Protection Society Malaysia
• Global Environment Centre (GEC)
• Malaysia Karst Society
• Malaysian Nature Society (MNS)
• Malaysian Society of Marine Sciences
• Marine Mammal Conservation (MareCet)
• Persatuan Aktivis Sahabat Alam (KUASA)
• Persatuan Lestari Alam Malaysia (PLAM)

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• Pertubuhan Pelindung Khazanah Alam Malaysia (PEKA)
• Pertubuhan Warisan Alam Sekitar Malaysia
• Reefcheck
• Regional Environmental Awareness Cameron Highlands (REACH)
• Sabah Wetland Conservation Society (WCS)
• Sahabat Alam Malaysia (SAM)
• Treat Every Environment Special Sdn Bhd. (TrEES)
• Water Watch Penang (WWP)
• Wetlands International Malaysia
• World Wildlife Fund (WWF)

Other interested groups

Other interested groups include those who are experts in particular fields and can
make a significant contribution to the EIA report. The comments and inputs will help
the Project Proponent and EIA consultant to improve the impact assessment and
proposed mitigation measures in the EIA report. Example of interested parties are
as below:

i. Business Premises - Shop owner/tenant, representative of the


Business/Hawkers Association.
ii. Religious Institutions (Houses of Worship, grave) - Individual or
committee representative from management of mosques/temples/graves.
iii. Educational Institutions - Representatives from school management
(principal, headmaster) and representative from Parent Teachers
Associations (PTA).

The above list is not exhaustive. When dealing with stakeholders who might be
affected by the project, engagement should include both sides i.e. parties likely to be
adversely affected by the project as well as people who are likely to benefit from the
project. Special attention must be paid to interest of vulnerable groups such as
minorities, poor, and indigenous people.

7.3.3 Stakeholder Analysis

It is important to know that some stakeholders are more affected than others and
some stakeholders have greater influence on the project than others. As such,
analysis of stakeholder should be done to determine the degree of their influence
towards together with severity of impact from proposed project. The stakeholders
can be divided into four groups according to their level of power and interest as
shown in Figure 7-1.

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Power measures the level of influence against the project; as far as they can affect the
decision either support or reject the project implementation. Interest measures the
extent of impact and concern to the stakeholders towards the implementation of the
project.

Figure 7-1 Level of Influence and Interest

Project Proponent and EIA Consultant can manage the stakeholders based on each
quadrant as shown below:

High Power- Low Interest High Power - High Interest

To provide this stakeholder with accurate These stakeholders are the decision-makers
and sufficient project information. This and can influence the approval of the
stakeholder is able to give objection if they project. Project Proponent and EIA
are not satisfied on any aspect of project Consultant have to ensure that all their
implementation requirements are managed thoroughly.
(Examples: NGOs, ADUN or Member of (Example: Agency- Relevant Government
Parliament) Agencies)
Low Power-Low Interest Low Power-High Interest

Project Proponent and EIA Consultant Project Proponent and EIA Consultant
need to monitor these stakeholders but less need to adequately engage with these
engagement. (Example: Indirect affected stakeholders and update on the project.
receptors) Discussions should be conducted on a
regular basis to solve problems and avoid
any issues that arise. (Example: Directly
affected receptors)

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7.4 METHODS FOR PUBLIC PARTICIPATION
There are many methods for stakeholder engagement. The appropriate method for
engagement depends on the nature of the project, the characteristics of the
stakeholders, the socio-economic-political climate
IMPORTANT
and past engagement history.
The Project Proponent is
fully responsible for the
All forms of stakeholder engagement are the
public participation process
responsibility of the Project Proponent. [Note: the DOE for his Project.
will not be involved in any of the public participation
events except as observers in some special cases.]

The choice of stakeholder engagement method will depend on the nature of the
affected population, history of engagement, location, type of project and the time
available. In any project, one or more of the above methods can be used either by
itself and/or in combination. It is the responsibility of the Project Proponent to
demonstrate that stakeholder engagement has been adequately carried out.

The Project Proponent / EIA Consultant should plan the stakeholder engagement
process systematically to ensure the best outcomes for all parties. The Project
Proponent / EIA Consultant needs to be proactive and act very early in the project
planning stage. Reacting after a project has already attracted objections is not helpful
to the project. Substantial amount of planning has to go in well before stakeholder
engagement is carried out.

Regardless of the method used, it is important that adequate time is allowed for
stakeholder engagement. The Project Proponent should try to encourage as much
participation as possible from stakeholders. All engagements should be recorded in
the minutes of meeting with attendance list and photos.

i. Public Briefing

Public briefings (Plate 7-1) are useful for some projects but may not be suitable for
others. It is useful because large group of people can be briefed in a single session.
The problem with public briefing is it is often too formal which prevents many
people for voicing their opinions. Public briefings tend to attract a very
heterogeneous group of people which makes it difficult to disseminate information.
Another problem is that a highly vocal minority can overturn a general acceptance
of the project by the majority.

Public briefings are useful as long as they remain an avenue for free expression of
opinion. Their value is diminished if they become too formal or if they degenerate to
the level of debate. Generally, persons who attend have a genuine interest in the
matter under discussion. Some members of the public may, however, be reluctant or
unable to express themselves publicly and therefore the opinion obtained may not
be representative.

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Tips to conduct public briefings are as follows:

• Informal public briefing will enable a freer expression of ideas and thoughts.
A formal environment discourages people from really voicing their concerns.

• Avoid technical jargon in the public briefing. Communicate in a manner that


would enable all to understand what you are saying.

• Give hand-outs about the project and its design/concept during these
meetings. It will give the impression to the public that Project Proponent is not
hiding anything.

The number of public briefings during the course of the project will depend, among
other things, on the heterogeneity and number of the stakeholders, size and
geographical spread of the Project and the availability of stakeholders to attend the
briefings.

Plate 7-1 Public Briefing

ii. Focused Group Discussions

Focused group discussion (FGD) (Plate 7-2) is where the Project Proponent meets
with stakeholders of different interest groups. This is an effective way of providing
appropriate information to the stakeholders as their information needs will be
different. For example, environmental NGOs may want very detailed information
about how the project may affect certain ecosystems whereas the residents in a
particular neighborhood may only be interested in how a particular project will cause
traffic congestion in their neighborhood.

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The disadvantage of FGDs is that stakeholders do not get to hear from other groups
whose views and interests may be different from theirs. This can sometimes lead to
a situation where a certain stakeholder group thinks that its view is the only correct
view.

The number of FGDs will depend on the heterogeneity and number of the
stakeholders, types of special interest groups, size and geographical spread of the
Project and the availability of stakeholders to attend the briefings.

Tips to conduct FGDs are as follows:

• Explain nature of FGDs to the audience. It is important to have moderator


for each FGDs to control the flow of discussion. The moderator must explain
the objective of the discussion and should not be biased.

• No interpreter or third party. FGDs cannot be conducted through an


interpreter or by third person. This will slow down the FGDs process and
will cause frustration to the participants.

• Separate FGDs for different groups will help to minimize confusion and
boredom of the participants. Participants for FGDs should be from the same
category (local communities, NGOs, etc.) that will have the same interest/
objective of discussion.

• Prepare questions. Project Proponent / EIA consultant to prepare list of


relevant questions that will encourage the participants to open up for
discussions.

• Small number of participants. A small group of FGDs usually 8 to 12 people.


By having small group of FGDs, more inputs can be obtained from the
discussion.

• Give hand-outs about the project and its design/concept during these
meetings. It will give the impression to the public that Project Proponent /
EIA Consultants are not hiding anything.

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Plate 7-2 Focus Group Discussion

iii. Questionnaire Surveys

Questionnaire surveys (Plate 7-3) are useful for obtaining standardized information
from a large group of people in a systematic way. On the downside, this method may
sometimes not capture useful information if carried out by inexperienced
enumerators.

The design of the questionnaire is particularly important to ensure that relevant


information is captured. Often, these surveys tend to ask too many questions and the
data is not used for any purpose. If the Project Proponent and/or EIA Consultant

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intend to obtain stakeholders’ views about the project, it is important that the
participants are first given enough information about the Project including potential
impacts and benefits before conducting the survey.

The size and characteristics of the respondents sampled should be documented and
compared against the characteristics of population in the area to demonstrate that
the results from the survey are representative.

Tips to conduct questionnaire surveys are as follows:

• Correct Sample size. The sample size and its representativeness are very
important factors. The sample size should be large enough to allow for
statistically meaningful conclusions to be made. (See Appendix G)

• Simple questions. Keep the questionnaire surveys simple and short that can
be easily understand by the participants. Questionnaire survey should be
completed within 10-15 minutes.

• Experienced enumerators. The questionnaire survey should be conducted by


experienced enumerators. This is important to ensure the enumerator can
convey the survey effectively. Experienced enumerators will need to have a
good communication skill that will make the participants feel comfortable to
share their inputs.

• Face to Face Questionnaire Survey Vs Online Survey. It is preferred to


conduct face to face survey especially in rural or remote area as it will be easier
for the enumerator to explain the questions and the participant can
understand and answer the questions better. Besides, there will be more
interaction between enumerator and participants. If there is time and
resources limitation, online survey is preferred especially in urban area where
internet can be accessed easily.

• Pre-test the questionnaire surveys. The questionnaire survey should be


pretested on a small number of respondents to determine its adequacy and to
check if the enumerators are able to ask the questions in an appropriate
manner.

• Language. It is recommended that the questionnaire survey to be written in


Bahasa Melayu especially when the questionnaire survey will be conducted
in rural area. However, if the questionnaire survey will be conducted in urban
area where there will be multi-racial participants and foreigners, the
questionnaire should be in dual language.

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The questionnaire surveys should cover the following matters (not limited to)
• Location of the questionnaire survey being conducted
• Demographic of the participants (gender, age, ethnic, educational level, work
status, etc.)
• Name of enumerator that will conduct the questionnaire survey
• Awareness of the EIA Project
• Participant’s perception/concern on the negative impacts of the EIA project
during construction and operation stage
• Participant’s perception on the positive impacts of the EIA project during
construction and operation stage
• Level of support towards the EIA Project by the participants.
• Factors for not supporting the EIA project

Plate 7-3 Questionnaire Survey

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iv. Project Information Kit

Information about the proposed project can be provided very early in the planning
stage and continued throughout the project planning, design and implementation
via project information kits. The information kits could range from simple 1-page
flyers (Figure 7-2) to elaborate newsletters and even project videos.

Information contained in the project information kits could include:


• Basic information about the project such as name of the project, location, size,
project timeline, etc.
• Information about the Project Proponent and Consultants and the name of
contact persons
• Information and contact details about the government agencies responsible
for regulating the Project
• The likely benefits from the project
• The anticipated impacts and proposed mitigation measures
• How and where to seek more information
The information in the kit should be written in simple language, free of technical
jargon, to enable a wide range of stakeholder groups to understand it.

Figure 7-2 Example of Project Information Kit

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v. One-to-one Interviews

One-to-one interviews (Plate 7-4) are often very useful in obtaining detailed
knowledge from affected respondents or technical agencies. The public or technical
are willing to share more information that will never be obtained in a public hearing
or questionnaire survey. However, these personal interviews are time consuming
and require the interviewer to have very good communication skills. Such interviews,
especially when conducted in an informal setting, often interviewers can obtain very
useful information about the stakeholder groups’ perception about the EIA project.

Plate 7-4 One-to-one Unstructured Interviews

vi. Other Methods

Besides the main methods listed above, the Project Proponent and/or EIA
Consultant may also use any other appropriate methods to engage and communicate
with stakeholders. Some of the methods that could be used include:
• A dedicated project proponent’s website
• Formation of stakeholder’s committee
• Advertisement in newspapers
• Online social media such as Facebook, Instagram, and Twitter

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7.5 STAKEHOLDER ENGAGEMENT IN THE EIA
PROCESS
Stakeholder engagement is a continuous process.
IMPORTANT
The Project Proponent should engage with
stakeholders over the entire course of the Project Stakeholder engagement
should be a continuous
from the pre-feasibility stage to project planning
process. The engagement
and design stages to construction, operation, and should NOT be limited to
eventual closure. the EIA period only.

The types of engagements will be vary depending


on the stage of the Project as stakeholders needs and concerns will also vary
accordingly. For example, during the planning of an alignment project, stakeholders
may be interested or concerned about the proposed alignment and whether it
encroaches into their neighborhood. During the construction stage, stakeholders may
be concerned about dust or noise pollution and what mitigation measures are being
used.

i. Scoping Stage

Public inputs during the stage of scoping are intended to ensure that public concerns
are addressed in the EIA that is to be carried out. Inputs can be derived from ground
observations of the land and the people that is likely to be affected by the EIA project.

Preliminary dialogue or discussion sessions may be held with small groups or


persons to obtain an overview of their activities, way of life, work, families and
concerns. Communication with village heads and village committees is another
means to obtain general information about concerns and expectations of
communities that they represent. Besides, the public may be able to contribute by
highlighting useful aspects, existing environmental issues which may be helpful in
the EIA (example, knowledge of flooding frequency and level which may affect the
project).

Since now there will no TOR report submission is required for First Schedule EIA
Project, Project Proponent and EIA Consultant is recommended to conduct
engagement with technical agencies during the screening and scooping stage.

By doing the engagement, it will help Project Proponent / EIA consultant to ensure
that the EIA Project are in line with respective agencies’ policy and development
plans. Besides, the technical agencies can provide advice to Project Proponent / EIA
Consultant on the scoping of the EIA report is sufficient and correct methodology to
assess the impacts is covered in the scoping notes or TOR report.

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ii. EIA Stage

The EIA stage requires more detailed information about the affected communities in
order to provide the information needed for the assessment of significance of the
impacts and to determine the appropriate responses to overcome them.

It is recommended that interaction with the stakeholders should not stop at the data
gathering stage. The Project Proponent / EIA Consultants should present the
findings from impact assessments and proposed mitigation measures to the
stakeholders. The stakeholders can provide comments on the findings whether the
proposed measures are appropriate to address the impact and public’s concern.
Measures that are proposed need to be understood by the stakeholder and their
acceptability will give confidence to the Project Proponent to proceed with the project.

iii. EIA Report Review Stage

The opportunity for public review and comment on the information contained in an
EIA report comes in the form of:

a. Public comments on the EIA report on public display, and

b. Representation on the EIA Review Panel (for EIA projects in the Second
Schedule).

The Project Proponent should proactively seek comments from the various
stakeholders on the EIA report.

iv. Post-EIA Stage

Public involvement at the post-EIA stage is intended to establish a long-term


understanding and co-operative relationship with the public. Visualization of the
assurances provided in an EIA in the form of action to mitigate environmental
impacts is what the public would be comfortable with. Information dissemination
during this stage is a means to keep the public informed. Monitoring of the public’s
response by way of dialogue sessions and public briefings are methods that may be
adopted for this purpose.

7.6 PUBLIC DISPLAY REQUIREMENTS


Project Proponent and EIA Consultant are required to conduct public display for
Second Schedule EIA Prescribed Activities. Public display and public comment
referred to in subparagraphs (2) and (3) in Environmental Quality (Prescribed
Activities) (Environmental Impact Assessment) Order 2015 are a display of a report,
at a place and within the time determined by the Director.

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7.6.1 Public Display Flow Process

Prior public display, Project Proponent will explain about the Project, the impacts
and proposed mitigation measures during the stakeholder engagements.
Stakeholders can give their inputs/concerns on the Project. Project Proponent will
address the issues/concerns in the Draft EIA Report.

Project Proponent and EIA Consultant are required to conduct the public displays
before EIA submission to DOE. Benefits of conducting public display before EIA
submission are as follow:

i. Able to identify the issues at early stage


ii. More time to revise the report based on the feedbacks received

Project Proponent and EIA Consultant need to inform DOE on the date of public
display 15 days before the public display. The public display will be conducted
within 30 days to get inputs/ comments from the public and stakeholders. Public
display can be conducted through web display, public notice poster and briefings.

Project Proponent will receive comments from the public and stakeholders within 15
days and will revise the draft EIA report based on the comments received.

Additional consultation with the public or stakeholders may require if the comments
are critical for the project. Once the final report is finalized, Project Proponent will
submit the Final EIA report to DOE for review. Since most of the issues/concerns
have already been solved in the Final EIA report through stakeholder engagement,
it can shorten the report evaluation period by DOE to 45 days. Figure 7-3 shows the
flow process and timeline for public display.

Figure 7-3 Flow Process and Timeline of Public Display

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7.6.2 Public Display Notifications

The EIA report will be displayed in selected locations to allow as many affected or
interested parties to review and comment. Project Proponent and EIA Consultant are
compulsory to display the EIA report at two locations such as
i. DOE’s Office (State and Headquarter)
ii. Related local Authority’s office.

Nevertheless, the Project Proponent /Consultant may also recommend suitable


display locations besides those proposed by DOE. Project Proponent are required to
upload the public display notification and QR code of EIA report (Figure 7-4) in two
main online news portals for three (3) consecutive days. A draft copy of the
advertisement must be sent to the EIA Secretariat for approval prior to the placement.
Example of public display notification with QR code for EIA report and comment
form is presented below.

Figure 7-4 Example of Public Display Notification

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7.6.3 Public Display Output

Public can give comments or feedbacks during the public display via hardcopy
feedback forms or online forms. The hardcopy form will be placed at public display
locations. Example of hardcopy feedback form as shown in Figure 7-5. Project
Proponent need to create and share the link of feedback google form to DOE for DOE
to upload in DOE’s website.

Figure 7-5 Example of Hardcopy Feedback Form

Project Proponent and the Consultant are expected to respond to all the written
comments received from the public. The Project Proponent may also choose to
respond directly to the public, but a written copy of the responses is to be sent to the
DOE. Project Proponent and EIA Consultant are required to analyze, summarize and
report the findings in the EIA report. Original written / online comments from the
public can be included as Appendix.

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08 EIA REPORT REVIEW PROCESS
Section 8
EIA REPORT REVIEW PROCESS
SECTION 8 : EIA REPORT REVIEW PROCESS

8.1 INTRODUCTION
DOE is the formal authority to review and approve an EIA report. It may seek the
assistance of other agencies and organisations as well as experts in its review of the
reports. This may be in the form of a Review Committee or in the form of an ad-hoc
Review Panel.

A decision is made at the end of the review to approve or reject the EIA report and
the decision is then transmitted to the relevant project approving authority for final
decision on the approval or not of the project.

The key objectives of EIA review are to:

i. assess the adequacy and completeness of the EIA report i.e. meets the scope
of work required of the EIA;
ii. assess that the information presented in an EIA is of a quality that is adequate
for decision making;
iii. identify the deficiencies that must be addressed before the report can be
approved; and
iv. decide on the approval or not of the report and the conditions to be attached
to the approval.

8.2 REVIEW PROCESS


EIA reports for activities under the First Schedule are to be processed at the State
DOE offices while those under the Second Schedule are to be processed at the DOE
Headquarters. If a project straddles two or more states, the report shall be reviewed
at the DOE headquarters. The requirements for review of EIA reports submitted to
the State DOE and the DOE HQ differ in several aspects and these are summarized
in Table 8-1.

8-1
Table 8-1 EIA Report Review Process Requirements for Projects

Component First Schedule Activities Second Schedule Activities

Submission of
DOE State DOE Headquarters
Report
• Three (3) hardcopies and one (1)
TOR Report softcopy in PDF format via email
Not required
Submission • Distribution of softcopy (CD) to
agencies/AI/NGO for comments
• Three (3) hardcopies and one • Three (3) hardcopies and one (1)
(1) softcopy (CD) to DOE softcopy (CD) to DOE HQ
State • One (1) hardcopy to DOE State
• One (1) softcopy (CD) to • Distribution of softcopy (CD) to
EIA Report DOE HQ agencies/AI/NGO for comments
Submission • Distribution of softcopy (CD) • Softcopy ES and RE in infographic
to agencies/AI/NGO for
comments
• Softcopy of ES and RE in
infographic
Review
• 25 working days • 45 working days
Timeline
No public display or public Public display of the EIA report for
Public display & involvement in the Review public comments and feedback, and
participation Committee but public comments Public involvement as a member of
and feedback is accepted. the Review Committee.
An EIA Review Panel which may be
A Technical Review Committee
chaired by the Director General, the
which is chaired by the Director
Review body Deputy Director General or the
of the DOE State office, or in his
Director of the Assessment Division of
absence, his Deputy.
DOE Headquarters.
Relevant authorities, government Relevant authorities, Appointed
Assistance for
agencies, and/or private Individuals, government agencies,
review
organisations private organisations, and the public.

Web display Yes Yes

Online advertisement in two (2) major


Advertisement No advertisement is required newspapers for three (3) consecutive
days
Note: The EIA consultant shall refer to the latest or updated requirements by the DOE.

8-2
8.2.1 Review Process for First Schedule EIA Projects

The review of EIA reports for activities under the First Schedule is undertaken by a
Technical Committee chaired by the Director of the State DOE.

The review process involved is shown in Figure 8-1.

Figure 8-1 EIA Report Review Process for First Schedule Activities

8.2.2 Review Process for Second Schedule EIA Projects

The process for EIA report review for activities under the Second Schedule differs
from that of the First Schedule as public display of the report is required (see Figure
8-2). Project Proponent is required to advertise in major online news portals to
announce the availability of the EIA report for public review. A draft copy of the
advertisement must be sent to the EIA Secretariat for approval prior to the placement.

Review is to be undertaken by an EIA Review Panel appointed by the Director


General of Environment who may chair the meeting. In his/her absence, the Deputy
DG or the Director of the Assessment Division shall be the chair.

8-3
Figure 8-2 EIA Report Review Process for Second Schedule Activities

8-4
8.2.3 Outcome of Review Process

The outcome of the EIA review meeting may lead to:

(i) Approval of the EIA report, provided:


➢ The EIA meets with the requirements of the EQA 1974;
➢ All outstanding issues which have been raised by the public and in the EIA
review meeting have been resolved; and
➢ Recommendations from the review have been accepted or agreed upon.

(ii) Request for “Additional information”:


➢ Where there is need to provide additional information to clarify any
unresolved or outstanding matters arising during the review process; and
➢ The additional information must be submitted within 2 weeks from the
review meeting date or no less than one week before the processing time
ends, or earlier. In the event where the timeframe cannot be met, for
example, due to need for additional data collection or re-modeling, the
Project Proponent / EIA Consultant is to notify the DOE in writing with
justifications, at least one week before the processing period ends, or earlier.

(i) Rejection of EIA report, where:


➢ The EIA does not meet the requirements of the EQA 1974. Consideration for
rejection may include concerns of conflict or incompatibility with existing
national policies and plans.
➢ Outcome of the rejection may lead to decision to either abandon the
proposed project or activity; or rework on the issues of concern(s) to meet
requirements of the EQA 1974. The latter involves the submission of a new
EIA report.

8-5
8.3 REVIEW CRITERIA
The generic review criteria are as follows:

Consistency - writing and presentation style of the EIA report should be consistent.
Variety of information from different sources will increases the likelihood of
presenting inconsistent information. Inconsistent information may indicate flawed
reasoning in the assessment and render the findings invalid. A good reviewer will
be able to distinguish between inconsistencies that are simply innocent mistakes and
those that suggest a flawed assessment.

Logic - the way in which arguments are developed. It is also about making
deductions and conclusions based on the preceding information.

Sufficiency – Project Proponent and EIA consultant must be able to provide


sufficient data for the reviewer to review the EIA report. If there is any lack of data
especially in the impact assessment process, Project Proponent and EIA consultant
must include the assumptions and clearly spelling out the reasoning behind those
assumptions.

Efficiency - Efficiency is assessed by questioning the relevance of particular


information to the issues that need to be addressed.

Assumptions - Two aspects must be addressed when considering the assumptions


that have been used. The first is whether the assumptions are reasonable and valid.
The second is whether the conclusions and findings take proper account of the
assumptions and the degree to which these might reduce confidence in the findings.

8-6
8.4 TIMELINES
EIA First Schedule - The EIA review meeting is normally conducted in the third
week from date of submission of the report to the DOE State. DOE’s Client Charter
for review is to be made within 25 working days.

EIA Second Schedule - The EIA review meeting is normally conducted in the second
month from the date of submission of report to DOE Headquarters. DOE’s Client
Charter for review EIA reports for Second Schedule is to be made within 45 working
days.

8.5 REJECTION OF EIA REPORT


In the event of an EIA report being rejected, the Project Proponent will be informed
of the basis of rejection via a formal letter from the DOE. Project Proponent who
wishes to pursue with the Project is advised to consult the DOE to discuss the basis
of rejection and possible re-submission of a revised report.

An appeal to the DOE against the rejection may not necessarily be approved. Where
the person is aggrieved by such a decision, an appeal, as provided under Section 35
of the EQA, may be made to the Appeal Board. The rules of procedure for the hearing
of appeal under this Act shall follow insofar as applicable, the Subordinate Courts
Rules.

8.6 VALIDITY OF TOR APPROVAL


The validation period of Terms of Reference (TOR) is 2 years from the endorsement
date. The EIA report shall be submitted to DOE Headquarter before the validation
time ends.

If there a need for further extension of TOR validation period, Project Proponent
must submit a written letter to DOE Headquarter with justification on the request
for extension. Futher extension of TOR validation period may be considered subject
to the following factors:

i. No changes in terms of project activities including the design capacity, layout,


process and raw material
ii. No changes on the project location, landuse, and development within Zone
of Impact from the Project site.
iii. Compliance with the latest development plans, policy and legislation.

8-7
8.7 VALIDITY OF EIA APPROVAL
The EIA approval is valid for a period of two years. If the project does not take off
within the two years, the approval is automatically void.

Should there be a need to apply for extension of the EIA approval, it is the
responsibility of the Project Proponent to request for an extension of the approval
validity period. Project Proponent must submit a written letter to DOE state /
Headquarter with justification on the request for extension.

However, a decision for granting the extension or not shall take into account the
following considerations:

i. The land use and environmental characteristics surrounding the project site
remain unchanged,
ii. The need for the project remains unchanged, and
iii. The project concept and project components remain unchanged.

If the criteria are not met, the DOE may request for a completely new EIA which will
be subject to the new review process. Alternatively, a Supplementary EIA or
additional information report may be required.

8-8
ENVIRONMENTAL MANAGEMENT PLAN AND
09
MONITORING
Section 9
ENVIRONMENTAL MANAGEMENT
PLAN AND MONITORING
SECTION 9 : ENVIRONMENTAL MANAGEMENT PLAN AND MONITORING

9.1 INTRODUCTION
The Environmental Management Plan (EMP) is a legal document prepared by the
Project Proponent, incorporating pollution prevention and mitigation measures
(P2M2s) and best management practices (BMPs) stipulated in the Conditions of
Approval (COAs) by the DOE.

The EMP shall function as a project implementation tool for the Environmental
Management Team to carry out mitigation works on-site. The key contents of the
EMP are required to be translated into a format for incorporation into the Bill of
Quantities (BQ) for the work scopes of the contractors during construction and
operations.

Other than mitigation measures, the EMP shall include self-regulation requirements,
which are environmental monitoring and audit programme. This is to assess the
effectiveness of the P2M2 implementation.

The EMP is a living document that has to be updated if there are major changes to
the project design, layout or method statement that may result in environmental
impacts not originally stated in the EMP.

9.2 FORMAT OF ENVIRONMENTAL MANAGEMENT


PLAN
The EMP contains commitments that are binding on the Project Proponent. An EMP
can be prepared either during the EIA stage or as a post-EIA activity. The EMP may
be submitted concurrently with the EIA to facilitate early approval so as to enable
project construction to proceed after EIA approval.

Project Proponent and EIA consultant need to submit EMP for prescribed activities
falling under both Schedules (First Schedule and Second Schedule) of the EIA Order
to DOE state. EMP report should have at least five chapters as follows:

9-1
The format for reporting an EMP is provided within the guidance document issued
by the DOE (Guidance Document for Preparation and Submission of Environmental
Management Plan – Appendix H).

9.3 DOCUMENTING MONITORING PROGRAMME

9.3.1 Performance Monitoring

Performance Monitoring (PM) relates to the monitoring of the performance


treatment systems such as:
i. Air Pollution Control System (APCS).
ii. Sewage Treatment Plan (STP)
iii. Industrial Effluent Treatment System (IETS).
iv. Leachate Treatment Plant (LTP).

This shall be undertaken by a EIA consultant with expertise in the related treatment
system

9.3.2 Compliance Monitoring

Compliance Monitoring (CM) relates to the monitoring of P2M2 within the site and
their performance. Compliance monitoring is to ensure the discharges or emission is
complying with related regulation, standards, and approval conditions. Samplings
and measurements are usually taken either at the emission or discharge points (i.e.
stacks, silt trap discharge, etc.). This shall be carried out by a EIA consultant
associated with an accredited laboratory.

9-2
9.3.3 Impact Monitoring

Impact Monitoring (IM) may only be required in cases where there is a possibility
that the impacts may still affect receptors outside of the project boundary despite the
implementation of P2M2. Samplings and measurements are usually taken either
from the ambient air, odour, water, noise and vibration and/or from sensitive
receptors such as nearby residents and if there are water beneficial activities
downstream of the project. This shall be carried out by a EIA consultant associated
with the accredited laboratory.

9.4 DOCUMENTING ENVIRONMENTAL COMPLIANCE


AUDIT
Environmental auditing is a post-EIA evaluation process to determine the
effectiveness and performance of the P2M2s in compliance with the COAs by the
Project Proponent. Audit requirements are guided by the Environmental Audit
Guidance Manual (DOE, 2011). The audit shall be undertaken by an independent
third-party and DOE registered auditor.

9.4.1 Objectives of EIA Audits

Objectives of EIA audits are as below:

• to identify the impacts of project implementation;


• to verify whether or not the conditions of approval have been implemented;
• to test the accuracy of impact predictions;
• to check the effectiveness of mitigation measures; and
• to improve compliance and performance of EIA practice.

Post-EIA environmental audits include:

i. Site Audit – to examine all aspects of environmental management of a facility


or operation;
ii. Compliance Audit – to ensure an organisation or development meets
pertinent legal, regulatory and voluntary or self-imposed standards such as
emission limits, discharge permits and operating licenses; and
iii. Sector/Issue-specific Audit– to consider key aspects of environmental
management and performance, such as waste disposal, energy use, cleaner
production, health and safety and supply chains.

All the above audit approaches may need to be applied to provide a more
comprehensive review of effectiveness and performance of mitigation measures that
have been proposed and implemented.

9-3
9.4.2 Procedures and Techniques for Auditing

The procedures and techniques for conducting a formal environmental audit is


contained in Environmental Audit Guidance Manual (1/2011) issued by the DOE. In
brief, an environmental audit requires the following to be undertaken:

i. examination of records and documentation relating to impacts, actions taken


to manage them and aspects of performance;
ii. interviews with management and line staff to verify factual information and
probe areas of concern; and
iii. site inspection to check that environmental measures and controls are
operating as described and intended.

A well-designed monitoring programme is an integral element of environmental


audit. The data collected by baseline and effects monitoring lays down an audit trail
which allows key impacts to be tracked and statistically verified. Hence, in the
planning of the environmental monitoring programme attention should be paid to
the purpose and reliability of the data that is generated.

9.5 ENVIRONMENTAL MANAGEMENT PLAN


CHECKLIST
Project Proponent and EIA Consultant need to prepare Environmental Management
Checklist. The checklist is to ensure that all the action plans and mitigation measures
described in the EMP report are complying the EIA approval conditions. Example of
EMP checklist form is shown in Appendix H.

9.6 MAINSTREAMING OF ENVIRONMENTAL AGENDA


AND SELF REGULATION
Environmental Mainstreaming Tools (EMT) are strategic tool that allow for the
cultural evolution of embracing the environmental agenda at all levels of the
organisational structure of the Project Proponent. All key personnel in an
organisation can play a role in effectively safeguarding the environment through the
execution of Guided Self-Regulation (GSR) required for all prescribed activities
during the project implementation stages. An overview of the EMT can be referred
in Figure 9-1.

9-4
ENVIRONMENTAL MAINSTREAMING TOOLS (EMT)

Environmental Environmental Environmental Environmental Environmental Environmental Environmental


Policy (EP) Budget (EB) Monitoring Facility (EF) Competency (EC) Reporting and Transparency (ET)
Committee (EMC) Communication
(ERC)

Environmental Mini Laboratory


Performance
Monitoring Record Keeping
Committee
(EPMC)

Data Analysis &


Environmental Interpretation
Regulatory
Compliance
Monitoring
Committee
(ERCMC)

Figure 9-1 Environmental Mainstreaming Tools

9-5
9.6.1 Environmental Policy

Environmental Policy (EP) refers to the commitment from the Project Proponent on
their strong environmental accountability to ensure compliance is through the
responsibility of all personnel.

9.6.2 Environmental Budgeting

A sufficient budget shall be allocated for the implementation of the EMP in the
Organisation and shall be reviewed regularly to ensure top priority is given to
achieve environmental excellence in its perpetuity.

The Project Proponent has to provide an environmental budget for environmental


related commitments, i.e. personnel, P2M2, monitoring, auditing, training, remedial
and rehabilitation works.

The budget requirements shall also form part of the bill of quantity (BQ) for the
contractors at the contractual stage.

9.6.3 Environmental Monitoring Committee

Environmental Monitoring Committee (EMC) shall play an important role in


identifying all future improvements needed to ensure the EMP has achieved its goal.
Implementation of future improvements must be scheduled, and financial resources
allocated to ensure that these improvements can be made without delay. The EMC
shall comprise of the Environmental Performance Monitoring Committee (EPMC)
members and the Environmental Regulatory Compliance Monitoring Committee
(ERCMC) Members.

At the operational level, the EPMC is chaired by a senior officer of the organisation.
Whereas at the policy level, the ERCMC is headed by the Chief Executive Officer or
the chairman of the organisation.

For large-scale projects involving multiple contractual work packages by many


contractors, the respective main contractors are required to have their respective
Environmental Management Teams (EMTs) comprising at least a minimum number
of personnel such as an Environmental Manager (EM) and an Environmental Officer
(EO).

9-6
9.6.4 Environmental Performance Monitoring Committee

Environmental Performance Monitoring Committee (EPMC) is a committee set up to


monitor operations, maintenance and performance of all P2M2s implemented to
minimize any adverse impacts of the company’s operations on the receiving
environment. Members must be appointed by the decision makers in the company
and must meet monthly to monitor and report on Environmental Targets met.

The objectives of the EPMC are as follows:

i. Establish a maintenance programme for pollution control structures, waste


management, nuisance factors and all erosion and sedimentation control
elements regularly.

ii. Develop training programmes for on-site workers to include awareness of the
requirements on good environmental practices and consistent environmental
compliance.

iii. Allocate administrative responsibilities for planning and managing the


environmental requirements as outlined in the EIA COAs.

iv. Ensure the implementation of P2M2.

v. Implement a monitoring programme (i.e. Impact Monitoring, Compliance


Monitoring and Performance Monitoring) to check the effectiveness of the
mitigation measures provided.

vi. Ensure that mitigation measures are incorporated in all relevant contracts and
design of the site.

9.6.5 Environmental Regulatory Compliance Monitoring Committee

Environmental Regulatory Compliance Monitoring Committee (ERCMC) is a


committee set up to monitor the implementation of the EP and to review the
regulatory compliance of the EP periodically.

The objectives of the ERCMC are as follows:

i. Implement the EP and make revisions as and when necessary.


ii. Study implications of new environmental regulations on the Company’s
activities.
iii. Provide financial resources for any environmental improvement projects.
iv. Understand and take ownership of the Company’s performance in EM.
v. Address any non-compliance issues.

9-7
9.6.6 Environmental Facility

The EMP shall provide the range of Environmental Facilities (EF) in the project, such
as Air Pollution Control System (APCS), Industrial Effluent Treatment System (IETS),
Leachate Treatment System (LTS), BMPs, P2M2 structures and associated supporting
utilities and facilities that need operational and maintenance support.

Monitoring is required to show compliance with the relevant standards as stipulated


in the Environmental Quality Act 1974 and its subsidiary Regulations.

Besides, Project Proponent and contractors must ensure to comply with all the EIA
terms of approval conditions, P2M2 mentioned in EIA report, applicable laws,
regulations and guidelines.

9.6.7 Mini Laboratory

Project Proponent should set up a mini laboratory on-site to ensure immediate results
on the performance of P2M2 on-site. EIA consultant should analyse the treated
effluent from STP, IETS and LTS by using proper equipment and follow the
accredited analysis. In-situ instruments such as pH meter, DO meter, and Turbidity
meter should also be provided.

9.6.8 Environmental Competency

Training requirements are needed to ensure competency for environmental


management for all relevant site personnel. The competency also acts as a bridge
between the Project Proponent to ensure that there is continuous regulatory
compliance from the Project Proponent. The role of the EIA consultant is as follows:

i. Ensures P2M2 is implemented on-site.


ii. Conducts and supervises in-situ sampling and testing.
iii. Supervises environmental monitoring.
iv. Ensures corrective actions are implemented.
v. Conducts daily inspection on site.
vi. Reviews Environmental monitoring reports (EMRs) for compliance to COAs.
vii. Ensure timely submission of the Environmental Monitoring Compliance
Reports (EMCRs) and other reports to the DOE.

9-8
9.6.9 Environmental Reporting and Communication

EMP framework shall contain a reporting schedule for various submissions during
the post EIA stage, which includes:

i. Environmental Management Plan.


ii. Environmental Monitoring Reporting.
iii. Environmental Audit Reporting

The mode of communication between the ERCMC, EPMC and the respective EMTs
should be clearly defined. Lines of communication between the Project Proponent
and EMC with the relevant stakeholders must also be spelled out, these are not only
limited to project site management but also in engagements with affected
communities and the general public to manage any potential grievances and
expectations.

9.6.10 Environmental Transparency

This refers to the Project Proponent’s initiative to be transparent on its


implementation and performance of environmental management. Such sharing may
be in the form of the environmental sustainability report, website, billboard, or fliers.

9.7 EMERGENCY RESPONSE PLAN


Emergencies may occur during project implementation and operation. Types of
emergencies can be caused by natural hazards and human-induced hazards.
Examples of natural hazards include natural disaster such as floods, thunderstorms,
forest fires, local and national outbreak, outbreaks due to pathogens with pandemic
potential and pandemic.

As for human-induced hazards, the emergencies may be due to technological


hazards that can originate from dangerous procedures, infrastructure failures,
technological or industrial conditions or specific human activities. Examples include
industrial pollution, transport accidents, factory explosions, fires and chemical spills.

Anticipating emergencies and planning a response can greatly lessen the extent of
injuries and limit equipment, material and property damage. During EIA stage, it is
important for the Project Proponent to provide the expected types of emergencies
that may occur in their facility and the basic framework of ERP that shall be included
in the EIA report. While it is not possible to plan and be ready for all emergencies,
preparedness for emergencies is a means to reduce risks to the project and to the
environment. Emergency Response Plan are intended to provide appropriate
guidance on what to do in an emergency.

9-9
ERPs should outline the basic preparedness steps needed to handle the anticipated
emergencies and should provide appropriate guidance on what to do during an
emergency. A sound response plan should include:

• Clear, written policies that designate a chain of command, listing names and
job titles of the people (or departments) who are responsible for making
decisions, monitoring response actions and recovering back to normal
operations;
• Names of those who are responsible for assessing the degree of risk to life
and property and who should be notified for various types of emergencies.
• Specific instructions controlling the spread of the damage arising from the
emergency situation to the environment including the nearest sensitive
receptors
• Procedures for evacuation of surrounding population who are at risk;
• Specific training and practice schedules and equipment requirements for
employees who are responsible for rescue operations, medical duties,
hazardous responses, firefighting and other responses specific to the work
site; and
• The preferred means of reporting fires and other emergencies.

9.8 ABANDONMENT PLAN


Project abandonment can occur during the construction stage or operation stage of
the Project due to unforeseen circumstances. The Project Proponent must submit a
project abandonment plan to the DOE prior to the abandonment of the Project. In
essence, the project abandonment plan shall address the environmental issues arise
from the decommissioning including demolition and dismantling activities (but not
limited to) such as:

• Air pollution.
• Noise impact.
• Soil erosion.
• Water pollution.
• Solid waste.
• Scheduled waste.

Action plans or measures to be taken shall be outlined in the abandonment plan


following all the requirements set by the relevant agencies.

9-10
AP-A LIST OF EIA GUIDELINES
APPENDIX A

LIST OF EIA GUIDELINES

No EIA Guidelines
1. EIA Guidelines for Cement Industry (2019)

2. EIA Guidelines for Chemical Plants (2019)

3. EIA Guidelines for Development in Coastal Areas and Marine Parks (2017)

4. EIA Guidelines for Development in National and State Parks (2017)

5. EIA Guidelines for Development in Slope and Hill Areas (2017)

6. EIA Guidelines for Development of Ports (2018)

7. EIA Guidelines for Development of Shipyard (2019)

8. EIA Guidelines for Housing, New Township and Industrial Estate Development (2020)

9. EIA Guidelines for Iron and Steel Industry (2019)

10. EIA Guidelines for Land Reclamation and Dredging (2018)

11. EIA Guidelines for Lime Plants (2019)

12. EIA Guidelines for Non-Ferrous Industry (2019)

13. EIA Guidelines for Paper and Pulp (Inclusing Paper Recycling) Industry (2019)

14. EIA Guidelines for Petrochemical Industries (2018)

15. EIA Guidelines for Petroleum Industries (2018)

16. EIA Guidelines for Quarry and Mining (2018)

17. EIA Guidelines for Radioactive Materials and Radioactive Wastes (2018)

18. EIA Guidelines for Transportation and Road Projects (2020)

19. EIA Guidelines for Waste Treatment and Disposal – Scheduled Waste (2020)

20. EIA Guidelines for Waste Treatment and Disposal – Sewage (2020)

21. EIA Guidelines for Waste Treatment and Disposal – Solid Waste (2020)

22. Environmental Essentials for Siting of Industries in Malaysia (EESIM) (2017)

23. Environmental Guideline for Decommissioning of Oil and Gas Facilities in Malaysia (2019)

24. Guidelines on Land Disturbing Pollution Prevention and Mitigation Measures (2017)
Note: It is the responsibilities of Project Proponent and EIA Consultant to refer to the latest EIA guidelines
during EIA report preparation
AP-B LIST OF TECHNICAL GUIDANCE DOCUMENTS
APPENDIX B

LIST OF TECHNICAL GUIDANCE DOCUMENTS

No Guidance Document
1. A Guidebook on Identification and Classification of Scheduled Wastes (2015)

2. A Guidebook on Performance Monitoring for Industrial Effluent Treatment System


Operators (2015)

3. A Guidebook on Performance Monitoring of Bag Filter Dust Collector (2015)

4. A Guidebook on Performance Monitoring of Scrubber (2015)

5. Contaminated Land Management and Control Guidelines No. 1: Malaysian


Recommended Site Screening Levels for Contaminated Land (2009)

6. Contaminated Land Management and Control Guidelines No. 2: Assessing and


Reporting Contaminated Sites (2009)

7. Contaminated Land Management and Control Guidelines No. 3: Remediation of


Contaminated Sites (2009)

8. Guidance Document for Design of Axial Flow Vortex Tube Dust Collector (2018)

9. Guidance Document for Fuel Burning Equipment and Air Pollution Control Systems

10. Guidance Document on Fugitive Emission Control

11. Guidance Document on Leak Detection and Repair

12. Guideline for the Continuous Emission Monitoring Systems-Data interface System
(CEMS-DIS) – Volume II
13. Guidelines for Environmental Noise Limits and Control (2019)

14. Guidelines for Packaging, Labelling and Storage of Scheduled Wastes in Malaysia

15. Guidelines for Importation and Inspection of Metal Scrap

16. Guidelines for Sludge Disposal of Oil Palm Mill (KKS) & Raw Natural Rubber Mill
(KGAM) (2021)

17. Guidelines for the Transboundary Movement of Used Electrical and Electronic
Equipment (UEEE) in Malaysia

18. Guidelines on The Handling and Management of Clinical Wastes in Malaysia (2009)

19. Industrial Processes & the Environment (Handbook No.1) ; Metal Finishing –
Electroplating (1999)

20. Industrial Processes & the Environment (Handbook No.2) : Raw Natural Rubber
Industry (1999)

21. Industrial Processes & the Environment (Handbook No.3) : Crude Palm Oil Industry
(1999)

22. Industrial Processes & the Environment (Handbook No.4) : Textile & Apparel Industry
(2000)
No Guidance Document
23. Industrial Processes & the Environment (Handbook No.5) : Food Industry –Rice Noodle
Processing (2000)

24. Manual Panduan Pemeriksaan BMPs Untuk Kawalan Hakisan dan Sedimen (2015)

25. Technical Guidance Document on Performance Monitoring of Air Pollution Control


Systems (2006)

26. Technical Guidance Document on Performance Monitoring of Industrial Effluent


Treatment Systems (2017)

27. Technical Guidance Document on The Design and Operation of Industrial Effluent
Treatment Systems (2015)

28. Planning Guidelines for Vibration Limits and Control in the Environment

29. Guidelines for Noise Labelling and Emission Limits of Outdoor Sources

30. Planning Guidelines for Vibration Limits and Control

31. Guidelines on The Disposal of Chemical Wastes from Laboratories (2015)

32. Guidance Document on National Environmental Health Action Plan (NEHAP) Malaysia
(2013)
33. Guidelines for The Installation and Maintenance of Continuous Emission Monitoring
Systems (CEMS) for Industrial Premises/Facilities – Volume I (2019)

34. Guidelines on The Use of Oil Spill Dispersant in Malaysia (2016)

35. Guidelines for Environmentally Sound Co-Processing of Scheduled Wastes in Cement


Industry (2015)

36. Technical Guidance on Scoping Preparation of EIA Report for Development on Hill and
Slope Area

37. Panduan Pengurusan Buangan Terjadual Daripada Bengkel/Woksyop (2015)

38. Guidance Document on Implementation of Self-Regulation Initiative in Industrial


Manufacturing Premises (2016)

Note: The list is not exhaustive and not all the above may be relevant to the EIA projects. It is the responsibilities
of Project Proponent and EIA Consultant to refer to the latest technical guidance document during EIA report
preparation
AP-C EIA PRESCRIBED ACTIVITIES
Appendix C: Environmental Quality (Prescribed Activities)
(Environmental Impact Assessment) Order 2015
First Schedule
No Activity

1. Agriculture

(a) Land development schemes covering an area of 20 hectares or more but less than
500 hectares to bring forest into agricultural production.

(b)Development of agricultural estates covering an area of 500 hectares or more


involving changes in types of agricultural use.

2. Aerodrome

Expansion of an aerodrome involving a runway of 1,000 meters or longer.

3. Drainage and Irrigation

(a) Construction of man-made lakes and artificial enlargement of lakes with surface
area of 100 hectares or more.

(b) Irrigation schemes covering an area of 500 hectares or more.

4. Fisheries

Land based aquaculture projects accompanied by clearing of mangrove forest, peat


swamp forest or fresh water swamp forest covering an area of 20 hectares or more
but less than 50 hectares.

5. Forestry

(a) Conversion of forest at 300 meters or more above mean sea level to other land use
covering an area of 20 hectares or more but less than 100 hectares.

(b) Logging or cutting or taking of timber for the purpose of conversion from forest to
other land use covering an area of 100 hectares or more but less than 500 hectares.

(c) Logging or cutting or taking of timber from forest at less than 300 meters above
mean sea level covering an area of 100 hectares or more, outside permanent reserved
forest.

(d) Conversion of an area of:

i. Mangrove forest
ii. Peat swamp forest
iii. Fresh water swamp forest
For industrial, housing, or agricultural use covering an area of 20 hectares or more
but less than 50 hectares.

(e) Development of planted forest covering an area of 100 hectares or more but less
than 500 hectares.
No Activity

6. Industry

a) Chemical

Production capacity of each product or combined products of 100 tonnes or more per
day

(b) Cement

Cement grinding plant with cement production capacity of 200 tonnes or more per
day.

(c) Lime

Production of 100 tonnes or more per day of burnt lime using rotary kiln or 50 tonnes
or more per day of burnt lime using vertical kiln

(d) Petrochemicals

Production capacity of each product or combined product of less than 50 tonnes per
day

(e) Shipyards

Dead weight tonnage (DWT) of 5,000 tonnes or more.

7. Land Reclamation

Coastal reclamation or land reclamation along river banks involving an area of less
than 50 hectares

8. Mining

(a) Ore processing outside mineral tenement area, including concentrating of


aluminum, copper, gold, iron, tantalum, or rare earth element.

(b) Sand mining on land or river or in coastal area or in territorial waters not
exceeding 3 nautical miles measured from the low-water line, involving an area of 20
hectares or more.

(c) Sand mining in continental shelf area.


No Activity

9. Petroleum

(a) Development of

i. oil field
ii. gas field or
iii. oil and gas field

(b) Construction of 30 kilometers or more in length of

i. Off-shore pipelines;
ii. On-shore pipelines; or
iii. Off-shore pipelines and on-shore pipelines

(c) Construction of

i. oil separation, processing, handling and storage facilities;


ii. gas separation, processing, handling, and storage facilities; or
iii. oil and gas separation, processing, handling, and storage facilities

(d) Construction of product depot for the storage of petrol, gas or diesel which has
the combined storage capacity of 60,000 barrels or more (excluding service station)
within 3 kilometres from any commercial, industrial or residential area.

10. Ports

(a) Expansion of port involving an increase of 50 percent or more in handling


capacity per annum.

(b) Expansion of fishing port involving an increase of 50 percent or more in fish


landing capacity per annum.

11. Power Generation and Transmission

(a) Construction of steam generated power station using fossil fuels (other than coal)
and having the capacity of 10 megawatts or more, with or without transmission line.

(b) Construction of combined cycle power station, with or without transmission line.

(c) Construction of transmission line in environmentally sensitive area.

12. Development in Coastal and Hill Area

(a) Construction of building or facilities with 80 rooms or more in coastal area.

(b) Construction of hill-station resort or hotel at 300 meters or more above mean sea
level covering an area of 20 hectares or more.

13. Development in Slope Area

Development or land clearing less than 50 per cent of an area with slope greater than
or equal to 25° but less than 35°.
No Activity

14. Waste Treatment and Disposal

(a) Scheduled Waste

(a)(i) Construction of recovery plant (off-site)

(a)(ii) Construction of wastewater treatment plant (off-site)

(a)(iii) Construction of storage facility (off-site)

(b) Solid Waste

(b)(i) Construction of composting plant

(b)(ii) Construction of recovery plant/recycling plant

(c) Sewage

(c)(i) Construction of STP with 20 000 PE or more

(c)(ii) Sludge treatment facilities

15. Dredging

(a) Capital dredging

(b) Disposal of waste dredged materials

16. Housing

Housing development covering an area of 50 hectares or more

17. Industrial Estate Development

Development of industrial estate covering an area of 20 hectares or more.

18. New Township

Construction of new township consisting of 2,000 housing accommodation units or


more or covering an area of 100 hectares or more.

19. Quarry

Quarrying of rock material.

20. Road

(a) Construction of expressway


(b) Construction of highway
(c) Construction of road, tunnel, or bridge traversing or adjacent or near to
environmentally sensitive area (ESA)

21. Water Supply

Groundwater development for industrial, agricultural or urban water supply of 4,500


cubic metres or more per day.
Appendix C: Environmental Quality (Prescribed Activities)
(Environmental Impact Assessment) Order 2015
Second Schedule
No Activity
1. Agriculture
(a) Land development schemes covering an area of 500 hectares or more to bring
forest into agricultural production.
(b) New pig farming area of 2,000 or more standing pig population.
2. Aerodrome
(a) Construction of new aerodrome involving a runway of 1,000 metres or longer
(b) Construction of aerodrome in or adjacent or near to any state park, national park,
national marine park, island surrounding marine park or environmentally sensitive
area

3. Drainage and Irrigation


(a) Construction of man-made lakes and artificial enlargement of lakes with surface
areas of 50 hectares or more in or adjacent or near to environmentally sensitive area.
(b) Any drainage of wetland, wild-life habitat or of dry inland forest covering an area
of 20 hectares or more.

4. Fisheries
Land based aquaculture projects accompanied by clearing of mangrove forest, peat
swamp forest or freshwater swamp forest covering an area of 50 hectares or more.
5. Forestry
(a) Conversion of forest at 300 meters or more above mean sea level to other land use
covering an area of 100 hectares or more.

(b) Logging or conversion of forest to other land use within:


i. catchment area of reservoirs used for municipal water supply, irrigation or
hydro-power;
ii. an area adjacent or near to any state park, national park or national marine
park;
iii. any state park, national park or national marine park; or
iv. an area gazetted as water catchment forest under the National Forestry Act
1984 [Act 313].

(c) Logging or cutting or taking of timber from forest at 300 meters or more above
mean sea level covering an area of 100 hectares or more, outside permanent reserved
forest.

(d) Logging or cutting or taking of timber covering an area of 500 hectares or more.

(e) Development of planted forest covering an area of 500 hectares or more.

(f) Conversion of an area of:


i. Mangrove forest
ii. Peat swamp forest
iii. Fresh water swamp forest
No Activity
for industrial, housing or agricultural use covering an area of 50 hectares or more.
(e) Clearing of mangrove forest, peat swamp forest or freshwater swamp forest on
islands adjacent to any national marine park

6. Industry
(a) Non-ferrous
i. Primary smelting aluminium (all sizes).
ii. Primary smelting copper (all sizes)
iii. Primary smelting other non-ferrous (producing 50 tonnes product or more
per day).

(b) Cement
With clinker production capacity of 30 tonnes or more per hour

(c) Iron and steel


i. Using iron ore as raw materials for production of 100 tonnes or more per day.
ii. Using scrap iron as raw materials for production of 200 tonnes or more per
day.

(d) Petrochemicals
Production capacity of each product or combined product of 50 tonnes or more per
day.

(e) Pulp, or pulp and paper


Production capacity of 50 tonnes or more per day

(f)Recycle paper industry


Production capacity of 50 tonnes or more per day
7. Land Reclamation
(a) Coastal reclamation or land reclamation along riverbanks involving an area of 50
hectares or more.
(b) Coastal reclamation or land reclamation along riverbanks within or adjacent or
near to environmentally sensitive areas.
(c) Reclamation for man-made island.
8. Mining
(a) Mining of minerals in new areas involving large scale operations
(b) Mining of minerals within or adjacent or near to environmentally sensitive area

9. Petroleum
(a) Construction of oil refineries
(b) Construction of gas refineries
(c) Construction of oil and gas refineries

10. Ports
(a) Construction of new port
(b) Construction of new fishing port
No Activity
11. Power Generation and Transmission
(a) Construction of coal fired power station and having the capacity of 10 megawatts
or more with or without transmission line.
(b) Construction of nuclear-fuel power station with or without transmission line.

12. Development on Coastal Area, National Parks and State Park


Development of tourist facilities, recreational facilities, or other facilities:
(a) in any national park or state park; or
(b) On any island in surrounding waters which has been gazetted as a national
marine park or marine reserve under the Fisheries Act 1985 [Act 317].

13. Development in Slope Area


(a) Development or land clearing of 50 per cent or more of an area with slope greater
than or equal to 25° but lesser than 35°.
(b)Construction of road, tunnel or bridge traversing an area with slope greater than
or equal to 35°.

14. Waste Treatment and Disposal


(a) Scheduled Waste
(a)(i) Construction of thermal treatment plant
(a)(ii) Construction of recovery plant for lead acid battery (off-site)
(a)(iii) Construction of recovery plant or treatment facility that generates significant
amount of wastewater which is located at the upstream of public water supply
(a)(iv) Construction of secure landfill facility

(b) Solid Waste


(b)(i) Construction of thermal treatment plant
(b)(ii) Construction of sanitary landfill facility
(b)(iii) Construction of transfer station

15. Construction of Dam


(a) Construction of dam or impounding reservoir for the purpose of irrigation, flood
mitigation, control of siltation, recreational, water supply or any other reason with a
surface area of 100 hectares or more.
(b) Dam and hydro-electric power scheme with either or both of the following:
i. Dam of 15 metres or more in height and ancillary structures covering a total area of
40 hectares or more;
ii. Reservoir with a surface area of 100 hectares or more.

16. Transportation
(a) Construction of new routes or branch line for a mass rapid transport project
(b) Construction of new railway route or railway branch lines

17. Radioactive Materials and Radioactive Waste


Any activity specified in this Schedule and the First Schedule using radioactive
materials and generating radioactive waste.
LEGISLATION RELATED TO EIA REPORT
AP-D
PREPARATION
APPENDIX D

LEGISLATION RELATED TO EIA REPORT PREPARATION

No Legislations Description
1. Environmental Quality Regulation provides for avenue and procedure for individual to
(Appeal Board) appeal against decision taken by Director General under
Regulations, 2003 subsection 35(1) of Environmental Quality Act 1974. Regulation
outlines the function and powers of Appeal Board.
2. Environmental Quality Regulation applied to industrial and/or trade premises, industrial
(Clean Air) Regulations plant and fuel burning equipment that is capable of discharging
2014 air pollutant into open air. Regulation provides for management
on air emission quality from these premises.
3. Environmental Quality Regulations provides for control of diesel engine and smoke
(Control of Emission emission control on motor vehicle. Regulation prescribed the
from Diesel Engines) requirement of smoke test and emission standards.
Regulations, 1996
4. Environmental Quality Regulation applied to vehicle registered as motorcycle under
(Control of Emission Section 11 of Road Transport Act 1987. Regulation provides for
from Motorcycles) management of gaseous emission limit which includes test and
Regulations, 2003 emission standards.
5. Environmental Quality Regulation provides for management of gaseous emission from
(Control of Emission motor vehicle. Regulation stipulates the emission standards, tests
from Petrol Engines) to be conducted, offences, and license for contravention.
Regulations, 1996
6. Environmental Quality Regulation provides restriction on import and manufacturing of
(Control of Lead motor gasoline that contains lead or lead components in excess of
Concentration in Motor 0.4 gram per litre. Regulation provides for availability of license
Gasoline) Regulations, to contravene conditions, empowers for sample collection and
1985 analysis by authorised officer.
7. Environmental Quality Regulation stipulates fuel standard properties for petrol and
(Control of Petrol and diesel which applies to fuel used in internal combustion engine
Diesel Properties) and industrial plants.
Regulations, 2007
8. Environmental Quality Regulation stipulates the management of leachate discharges or
(Control of Pollution released from solid waste transfer stations and landfills.
from Solid Waste Requirements on discharge monitoring, leachate treatment
Transfer Station and operation and acceptable discharge conditions are provided.
Landfill) Regulations,
2009
9. Environmental Quality Regulation stipulates on prohibition on use of portable halon fire
(Halon Management) extinguisher and installation of new fixed halon fire extinguisher
Regulations, 1999 system. Regulation provides list of halon and conditions of
essential use of halon fire extinguishers.
10. Environmental Quality Regulation applies to premises which discharges industrial
(Industrial Effluent) effluent or mixed effluent onto or into any soil or into inland
Regulations, 2009 waters. Parameters and acceptable discharge standards are
effluent are provided in the Regulation.
No Legislations Description
11. Environmental Quality Regulation provides model form of license application, form of
(Licensing) Regulations, license and conditions for revocation and suspension of licence
1977 under Environmental Quality Act 1974.
12. Environmental Quality Regulation provides for maximum permitted sound level for
(Motor Vehicles Noise) different categories of motor vehicle. Regulations stipulates
Regulations, 1987 procedure and conditions of sound level test.
13. Environmental Quality Regulation stipulates on management of effluent generated from
(Prescribed Premises) premises in aspects of acceptable effluent discharge parameter,
(Crude Palm Oil) discharge methods, and associated fee.
Regulations, 1977.
14. Environmental Quality Regulation provides for management of effluent generated from
(Prescribed Premises) production of concentrated latex or associated product. Aspects
(Raw Natural Rubber) on acceptable effluent discharge parameter, discharge methods,
Regulations, 1978. associated fee and license is provided for.
15. Environmental Quality Regulation stipulates on prohibition of use of environmentally
(Refrigerant hazardous substance in new installation of building chiller,
Management) refrigeration system, vehicle air conditioner or air conditioning
Regulations, 1999 equipment.
16. Environmental Quality Regulation provides for management of sewage for premises
(Sewage) Regulations, (other than any housing or commercial development or both) that
2009 discharges sewage into soil or inland water.
17. Environmental Quality) Regulation stipulates on the management of scheduled waste in
(Scheduled Wastes) regard to disposal, treatment, material or product recovery,
Regulations, 2005 storage and labelling of scheduled waste.
18. Environmental Quality Order provides for limitation and conditions for open burning
(Declared Activities) activities. Order described area near Kuala Lumpur International
(Open Burning) Order, Airport (KLIA) where specified open burning activities that shall
2003 not take place.
19. Environmental Quality Delegation of power to investigate offenses under sections 27 and
(Delegation of Powers 29 of Environmental Quality Act 1974 to officers from Royal
on Marine Pollution Malaysian Navy, Royal Malaysian Customs, officers appointed
Control) Order, 1993 under Merchant Shipping Ordinance 1952, Merchant Shipping
Ordinance (Sarawak) 1960, and Merchant Shipping Ordinance
(Sabah) 1960.
20. Environmental Quality Order stipulates power delegation to police officer commanding
(Delegation of Powers a vessel or appointed police officer to investigate offences under
on Marine Pollution sections 27 (Prohibition of discharge of oil into Malaysian waters)
Control) Order, 1994 and 29 (Prohibition of discharge of wastes into Malaysian waters)
21. Environmental Quality Power delegation under sections 38, 38A, and 48B of
(Delegation of Powers) Environmental Quality Act 1974 to investigate offense under
(Halon Management) Environmental Quality (Halon Management) Regulations 1999.
Order, 2000 Qualified officers are stipulated in the schedule within the Order.
22. Environmental Quality Power delegation under sections 38, 38A of Environmental
(Delegation of Powers) Quality Act 1974 to investigate offense under Section 29A of
(Investigation of Open Environmental Quality Act 1974. List of qualified officers are
Burning) Order, 2000 stipulated in schedule within the Order
No Legislations Description
23. Environmental Quality Delegation of power to any technician, assistant engineer and
(Delegation of Powers) engineer of the Department of Irrigation and Drainage for erosion
(Investigation on and sediment control of prescribed activity under Section 34A of
Erosion and Sediment Environmental Quality Act 1974
Control) Order, 2012
24. Environmental Quality Delegation of powers to officers of Perbadanan Putrajaya to
(Delegation of Powers) enforce provisions. The list of provisions and qualified officers are
(Perbadanan Putrajaya) provided in First Schedule and Second Schedule of Order.
Order, 2002
25. Environmental Quality Order delegates provision enforcing power to officers holding
(Delegation of Powers) specific office. The list of provisions and officer post are stipulated
Order, 2005 in Schedule of Order.
26. Environmental Quality Order stipulates criteria of activities which are specified as
(Prescribed Activities) prescribed activity. The prescribed activity taking place in
(Environmental Impact environmentally sensitive area requires submission of
Assessment) Order, environmental impact assessment.
2015
27. Environmental Quality Order stipulates descriptions of conveyance vehicles that
(Prescribed involved in conveyance of scheduled waste which is considered
Conveyance) as prescribed conveyance.
(Scheduled Wastes)
Order, 2005
28. Environmental Quality Order designates premises involved in processing oil palm fruit
(Prescribed Premises) or fresh fruit bunches into crude palm oil as prescribed premises.
(Crude Palm Oil) Order
1977.
29. Environmental Quality Order designates premises involved in processing raw natural
(Prescribed Premises) rubber in any form as prescribed premises.
(Raw Natural Rubber)
Order, 1978.
30. Environmental Quality Order prohibits use of controlled substance (Listed in Schedule)
(Prohibition on the Use and combustible gas as propellent and blowing agent.
of Chlorofluorocarbons
and Other Gases as
Propellants and
Blowing Agents) Order,
1993
31. Environmental Quality Order prohibits use of branched alkylbenzene sulphonates (BAS)
(Prohibition on the Use in manufacturing of soap, synthetic detergent and other cleaning
of Controlled Substance agents.
in Soap, Synthetic
Detergent and Other
Cleaning Agents) Order,
1995
32. Environmental Quality Rule stipulates that open burning offense under Section 29A and
(Compounding of 29B of Environmental Quality Act 1974 is compoundable offense.
Offences) (Open
Burning) Rules 2000
No Legislations Description
33. Environmental Quality Rule stipulates the sum collected for compounding offence and
(Compounding of the method of payment. Rule provide model form for offer to
Offences) Rules 1978 compound.
34. Town and Country An Act for the proper control and regulation of town and country
Planning Act 1976 planning in Peninsular Malaysia and for purposes connected
therewith. The act applies to states in Peninsular Malaysia only.
35. Land Conservation Act An Act aims at the conservation of hill lands, the prevention of
1960 soil erosion, and the control of siltation. This Act shall not come
into operation in any State until it has been adopted by a law made
by the Legislature of that State pursuant to Clause (3) of Article 76
of the Constitution.
36. Water Services Industry An Act to provide for and regulate water supply services and
Act 2006 sewerage services for matters incidental thereto.
37. Sewerage Services Act An Act to amend and consolidate the laws relating to sewerage
1993 systems and sewerage services throughout Malaysia for the
purpose of improving sanitation and the environment and
promoting public health; and to provide for matters connected
therewith and incidental thereto.
38. National Land Code An Act to regulate the management of land in terms of land
1965 tenure, registration of titles relating to land, transfer of land, leases
and charges in respect of land, easements and other rights and
interests in land.
39. Petroleum Development Main legislation governing the Malaysian oil and gas industry.
Act 1974 Under the Act, PETRONAS is vested with the entire ownership,
and the exclusive rights, powers, liberties and privileges of
exploring, exploiting, in respect of petroleum resources whether
onshore or offshore of Malaysia.
40. Petroleum (Safety This Act consolidate laws relating to safety in the transportation,
Measures) Act 1991, Act storage and utilization of petroleum and to provide for matters
302 relating thereto.
41. Petroleum Mining Act An Act to make provision with regard to mining for petroleum
1966 (Revised 1972) and for matters connected therewith. This Act shall apply
throughout Malaysia but in its application to Sabah and Sarawak
it shall have effect only with respect to off- shore land.

42. Mineral Development An act that sets out the powers of the Federal Government on
Act 1994 matters relating to the inspection and regulation of mineral
exploration and mining.
43. National Forestry Act An Act to provide for the administration, management and
1984 conservation of forests and forestry development within the States
of Malaysia and for connected purposes.
44. Drainage Works Act An act related to drainage works. The drainage works incudes the
1954 construction and maintenance of drains and water courses,
embarkments, culverts, sluices, water gates, access path in
drainage reserves and other similar works. It is only applied to the
states of west Malaysia only.
45. Land Acquisition Act An Act relating to the acquisition of land, the assessment of
1960 (Act 486) compensation to be made on account of such acquisition, and
other matters incidental thereto.
No Legislations Description
46. Irrigation Areas act 1953 An Act relating to the establishment and regulation of irrigation
(Revised 1989) areas and irrigation works in Malaysia. The irrigation works
includes the construction and maintenance of headworks, main
canal, subsidiary canals, distribution channels, drainage channels,
banks, bunds, batas, water gates, culverts, sluices, drains and
other similar works.
47. National Parks Act 1980 An Act to provide for the establishment and control of National
Parks and for matters connected therewith.
48. Malaysian Maritime An act to establish the Malaysian Maritime Enforcement Agency
Enforcement Agency to perform enforcement functions for ensuring the safety and
Act, 2004 security of the
Malaysia Maritime Zone.
49. Fisheries Act 1985 An act relating to the administration and management of fisheries,
including the conservation and development of maritime and
estuarine fishing and fisheries in Malaysia waters, protection to
aquatic mammals and turtles and riverine fishing in Malaysia and
to matters connected to establishment of marine parks and marine
reserves.
50. Railways Act 1991 An Act to make new provisions in the law relating to railways and
for other matters connected therewith. The act shall cover for any
kind of railway for the public carriage of passengers or goods or
both, or any portion thereof. This act shall apply to all railways in
Sabah, Sarawak and the Federal Territory of Labuan. Part XII of
the act shall apply to all railways in Malaysia.
51. Land Public Transport This Act is an Act to provide for and regulate land public transport
Act 2010 and for matters incidental thereto. On 23 May 2018, the new
government announced that SPAD would be dissolved and SPAD
would be taken over by the Ministry of Transport Malaysia. SPAD
was dissolved and replaced by the Land Public Transport Agency
(APAD) and placed under the Ministry of Transport Malaysia.
52. Solid Waste and Public An Act to provide for and regulate the management of controlled
Cleansing Management solid waste and public cleansing for the purpose of maintaining
Act 2007 proper sanitation and for matters incidental thereto. This act shall
apply to Peninsular Malaysia and the Federal territories of
Putrajaya and Labuan.
53. Atomic Energy An Act to provide for the regulation and control of atomic energy,
Licensing Act 1984 for the establishment of standards on liability for nuclear damage
and for matters connected therewith or related thereto. This Act
shall apply throughout Malaysia.
54. Energy Commission Act An act to provide for the establishment of the energy Commission
2001 with powers to regulate the energy supply activities in malaysia,
and to enforce the energy supply laws, and for matters connected
therewith.
55. Continental Shelf Act An Act relating to continental shelf of Malaysia, the exploration
1966 (Revised 1972) thereof and the exploitation of its natural resources and for
matters connected therewith. The act shall apply to all states in
Malaysia.
Continental shelf covers the sea-bed and subsoil of submarine
areas adjacent to the coast of Malaysia but beyond the limits of the
No Legislations Description
territorial waters of the States, the surface of which lies at a depth
no greater than two hundred metres below the surface of the sea,
or, where the depth of the superadjacent waters admits of the
exploitation of the natural resources of the said areas, at any
greater depth.
56. National Heritage Act An Act to provide for the conservation and preservation of
2005 National Heritage, natural heritage, tangible and intangible
cultural heritage, underwater cultural heritage, treasure trove and
for related matters.
57. Occupational Safety and An Act to make further provisions for securing the safety, health
Health Act 1994 and welfare of persons at work, for protecting others against risks
to safety or health in connection with the activities of persons at
work, to establish the National Council for Occupational Safety
and Health, and for matters connected therewith.
58. Abattoirs (Privatization) An Act to facilitate privatization of abattoirs and for matters
Act 1993 connected therewith. Abattoir means any place, with proper meat
inspection facilities, for the slaughter of animals specified in the
Schedule; "Director General" means the Director General of
Veterinary Services appointed under section 3 of the Animals
Ordinance 1953 [Ord. No. 17 of 1953] and includes the Deputy
Director General appointed under the same section. This Act shall
apply throughout Malaysia
59. Gas Supply Act 1993 An Act to provide for the licensing of the supply of gas to
consumers through pipelines and related matters, the supply of
gas at reasonable prices, the control of gas supply pipelines,
installations and appliances with respect to matters relating to
safety of persons and for purposes connected therewith.
60. Merchant Shipping (Oil An Act to make provisions with respect to civil liability for oil
Pollution) Act 1994 pollution by merchant ships and for matters connected therewith.

61. Exclusive Economic It regulates development activities within the Exclusive Economic
Zone Act 1984 Zone (EEZ).

Note: The list is not exhaustive and not all the above may be relevant to the EIA projects. It is the responsibilities
of Project Proponent and EIA Consultant to refer to the latest legislation during EIA report preparation.
POLICIES AND MASTER PLANS RELATED TO EIA
AP-E
REPORT PREPARATION
APPENDIX E

POLICIES AND MASTER PLANS RELATED TO EIA REPORT PREPARATION

No Nation Policy Description


1. National Transport Policy thrusts and strategies to enhance our economic
Policy 2019-2030 competitiveness, provide strong social impact particularly with
respect to inclusivity and accessibility, while reducing the negative
impact of the transport system on the environment.

To guide relevant federal ministries and agencies as well as State


Governments and Local Authorities (PBT) to develop and
streamline transport initiatives towards a common goal, resulting
in effective and efficient use of resources.
2. National Housing Emphasize on balanced development with the use of
Policy environmentally friendly development and housing concepts, as
well as the use of new technology and new innovations in the
housing sector.
3. National Solid Waste Aimed at establishing an integrated solid waste management
Management Policy system that is comprehensive, cost effective, sustainable and
accepted by the public, emphasizes environmental protection,
selective of affordable technologies and ensure the public health.
4. National Urbanization It is to ensure that urbanization planning and development can be
Policy 2 conducted in more efficient and systematic manner. The aim is to
achieve the welfare of urban residents in providing a safe and
comfortable living environment.
5. National Ecotourism Describe the overview of policy directions, focus areas, park
Plan 2016 – 2025 management planning, strategies and implementation plans for
ecotourism development in Malaysia.
6. National Policy on Aims to transform the manufacturing sector and related services
Industry 4.0 within the period from 2018 to 2025. This policy consists of three
visions in making Malaysia as strategic partner for smart
manufacturing and related services in the Asia Pacific, primary
destination for investment in the high technology industry and a
total solutions provider for cutting-edge technology.
7. National Agrofood The objectives of the National Agrofood Policy are:
Policy • to address food security and safety to ensure availability,
affordability and accessibility;
• to ensure the competitiveness and sustainability of the
agrofood industry; and
• to increase the income level of agropreneurs.
8. National Commodity The objectives of the National Commodity Policy are:
Policy • to increase the contribution of plantation industrial
commodities to the nation's economy;
• to modernise and transform the commodity industry
towards a more competitive and sustainable level;
• to encourage the development of the commodity industry
along the value chain;
• to increase the income of operators and smallholders in the
commodity industry; and
No Nation Policy Description
• to promote Malaysia as the centre of excellence in R&D,
technology development and the downstream processing
of industrial commodities.
9. National Energy Policy National Energy Policy was formulated to achieve the following
objectives:
• Ensuring adequate, secure, quality and cost-effective
supply of energy;
• Promoting efficient utilization of energy; and
• Ensuring factors pertaining to environment protection are
taken into consideration in the production and utilization
of energy.
10. National Energy A strategy for a well-coordinated and cost-effective implementation
Efficiency Action Plan of energy efficiency measures in the industrial, commercial and
residential sectors, which will lead to reduced energy consumption
and economic savings for the consumers and the nation
11. National Depletion National Depletion Policy was formulated with the aim of
Policy conserving energy resources, particularly oil and gas.

12. Four-Fuel Four-Fuel Diversification Policy was broadened to incorporate


Diversification Policy renewable energy as the fifth fuel to supplement supply from
conventional energy sources, namely oil, gas, coal and hydro.

13. National Policy on Describes an agenda to advance Malaysia towards a more


Science, Technology & competitive and competent nation built upon strong STI
Innovation foundations. The policy is formulated based on the nation’s
achievements, challenges and lessons learnt. It charts new
directions to guide the implementation of STI in creating a
scientifically advanced nation for socio-economic transformation
and inclusive growth.
14. National National Biotechnology Policy is to promote, support, and
Biotechnology Policy encourage collaboration in the R&D program in
agricultural and industrial biotechnology.
15. Green Technology It outlines the strategic plans for green technology development to
Master Plan Malaysia create a low-carbon and resource efficient economy. It also sets out
the immediate course for the country to embark on a green growth
journey.

16. Central Forest Spine Government effort to protect biodiversity, maintain and restore
Master Plan ecosystem services and secure livelihoods for those dependent on
the forests by securing landscape connectivity between Peninsular
Malaysia's main forest blocks.
Note: The list is not exhaustive and not all the above may be relevant to the EIA projects. It is the responsibilities
of Project Proponent and EIA Consultant to refer to the latest policies during EIA report preparation.
AP-F DOCUMENTING THE EIA
Appendix F
DOCUMENTING THE EIA
SECTION 8 : DOCUMENTING THE EIA

1.1 INTRODUCTION
The EIA report is primarily a document for communication and decision-making. It
organizes the information obtained from an EIA and synthesizes the results of the
investigations and consultations undertaken. The readers for an EIA report include
the DOE, other government authorities and the affected stakeholders. Because of its
importance as a communications tool, the EIA report needs to be well organized and
clearly written.

The adequacy and completeness of information required for decision-making should


be given emphasis when preparing the EIA report. The report should be able to
highlight the key issues or impacts including residual impacts arising from the
Project. Detailed descriptions on mitigation measures should be provided. A poorly
organized report is likely to hinder decision-making which may result in delays to
project approval.

This section is intended to guide Project Proponent and EIA Consultants in preparing
EIA reports that are appropriate for submission to the DOE for approval and relevant
to the public and other interested parties for their information.

1.2 READER-CENTRED WRITING


The Project Proponent and the EIA Consultant must be aware that the general public
and professionals from non-environmental disciplines often read the EIA reports. It
is important therefore that EIA reports are written concisely and in a manner that is
reader friendly. An effective report will be written both in plain language for non-
experts (such as the general public) but also to appropriate technical standards that
meet the needs of the DOE, the authority responsible for approval of the EIA report
and for issuing environmental clearance.

These objectives are often not achieved in a process that involves many sectoral
contributors working with tight deadlines. Where EIA reports are essentially a loose
assembly of the findings of each of these contributions, rather than a thoroughly
thought-out document that takes into account the findings of the various sectoral
studies, EIA reports tend to fall short of meeting their basic purpose – which is that

1
of providing the necessary and relevant information for decision-making and clearly
communicating key findings to the public and other interested parties.

Hence, it is essential that the Team Leader understands the findings of each of the
contributors and be able to synthesize these into a concise and readily
understandable report. The final EIA document should reflect the true outcome of
the EIA and the commitments that the Project Proponent will make towards
achieving environmental and social responsibility.

1.3 STRUCTURE OF AN EIA REPORT


EIA Report should be prepared by following the general format as below:

i. The declaration forms from the Project Proponent and the EIA Team list must
be included at the front pages of the EIA report before the Executive
Summary, following the format specified by the DOE.

ii. The report must be legible and easy to read.

iii. The report format must also be consistent and have a professional look.

iv. The recommended standard paper size is A4. Big maps should be printed in
A3 or A1 paper size.

v. Font sizes from 10 to 12 are recommended.

vi. The chapters in the EIA report must be separated and numbered according to
the respective chapters.

vii. The report text may be printed on both paper sides to reduce its thickness.

viii. Thick reports can be separated into volumes and each volume must be
numbered/ sequenced accordingly for ease of reference.

2
The preferred structure of an EIA report is as follows:

3
1.4 EXECUTIVE SUMMARY & RINGKASAN EKSEKUTIF
The Executive Summary is a very important part of the EIA report because it is the
part that will be read widely and reviewed critically by the technical agencies and
the public. The Executive Summary should be brief and concise and written in
English and Bahasa Malaysia. The Executive Summary and Ringkasan Eksekutif
should be illustrated into infographic format.

The Executive Summary, in addition to summarizing the main findings and issues,
must also contain the following:

• Title of the Project


• Introduction
• Details of Project Proponent & Qualified Person
• Compliance of All Requirements
• Statement of Need
• Project Location including relevant maps showing project location and
sensitive receptors
• Project Description- include flow diagram of main process.
• Project Activities (Pre-construction Stage, Construction Stage and Operation
stage)
• Existing Environment
• Impact Assessment & Mitigation Measures
• Environmental Management Plan Framework

1.5 DOCUMENTING PROJECT RELATED


INFORMATION
The EIA Report must present adequate information about the proposed project to
allow the reader to understand the nature of potential project-related activities and
impacts. Normally, project-related information is presented in the first four chapters
of the report, namely:

4
1.5.1 Introduction Chapter

The “Introduction” chapter is the first chapter in the main report and should
therefore provide the reader with key information about the proposed project
(including previous history of EIA submission if any), Project Proponent and
Consultant.

Project Title

The project title should be consistent with submission to other authorities. The title
should identify the type of project proposed and the specific location. The
coordinates and the lot numbers (if applicable) of the project site must be stated in
this chapter. If the project is part of a larger Project, this information should be clearly
stated.

The Need of EIA

The reason for the EIA must be stated, making reference to the Environmental Quality
(Prescribed Activities) (EIA) Order 2015. If the project is not a prescribed activity, the
reason for submitting the EIA must also be stated (e.g., voluntary submission,
required by other authorities, etc.).

Project Proponent

The name of the organization that is initiating the project should be stated clearly
including the name and contact details (telephone, facsimile, and email) of
individuals to whom any inquiries should be directed. A brief explanation about the
Project Proponent’s organization is often useful.

Sometimes in turnkey projects, Consultants mistake the organization employing


them with the Project Proponent. The turnkey contractor, who may engage the EIA
consultant, is not the Project Proponent. The organization that initiated the project is
the Project Proponent. For example, the JKR may engage a turnkey contractor to
build a road. The turnkey contractor may in turn employ an EIA consultant to
undertake the EIA. The Project Proponent is still JKR.

EIA Consultant

The name of organization undertaking the EIA must be clearly stated, giving its
address and contact details including the names of individuals who can be contacted
for any enquiries.

The names of the members of the EIA team, the myCEP registration numbers and
approved fields, their role in the EIA and their signatures should be listed. The list
must clearly identify the “EIA Team Leader”. The EIA assistant consultant should be
listed separately.

5
1.5.2 Statement of Need

The statement of need to describe the project objective(s).


IMPORTANT
In essence, it should establish a social and/or economic
need for the project and should conclude with a definite The statement of need
statement of the aim of the project and what it will achieve. must address the core
It should describe the benefits of the Project to the nation purpose of the Project and
make reference to the
economic growth and benefits to the public. This
relevant national policies
statement should be clear and transparent as acceptability
or plans, where
of the project is often influenced by what the public is able appropriate.
to understand and perceive. This reaction is often
measured by how the project will affect them and if the project meets the needs of
society, the region, or the nation.

It is crucial that reference is made to the various national and state policies and
development plans to demonstrate how the proposed project fits in with the nation’s
aspirations. The statement of need may make reference to the relevant policies for
that particular project (e.g., Environmental Policy, Renewable Energy Policy,
National Energy Policy, etc.), the agenda for social improvement, the economic
developmental needs of the country, and other relevant policies and plans. The
statement of need must also focus on the core purpose of the project and not on the
attendant benefits.

1.5.3 Project Description

This chapter should describe the proposed project clearly and provide the reader
adequate information about the scope, design, layout, and operations including all
environmental and safety control and emergency measures.

The amount of information provided must correspond to the likely nature of the key
environmental issues. For example, the main environmental impacts from an
industrial project are likely to arise from its operations and therefore, the design and
operational aspects need to be discussed in depth compared to the construction of
the plant.

On the other hand, the main environmental issues from a transport project could be
construction-related and therefore the construction methods and sequence must be
elaborated in-depth.

Regardless of the type of nature, project descriptions should be supported by maps


and diagrams. In the case land development projects (housing, commercial,
industrial parks, etc.), a coloured layout plan (at least A1 in size) should be included
in the report. All maps and diagrams in the EIA report must be legible.

As a general rule, the following aspects of the proposed project must be explained:

6
Land Development Project

• design and/or planning basis – what & where the key considerations in
designing or planning the project

• description of the layout (Figure 1-1)

• infrastructure and amenities requirements and how they will be sourced

• construction methods and sequence

• project implementation schedule

Figure 1-1 Example of Layout for Development Project

Linear Project

• design and/or planning basis – what & where the key considerations in
designing or planning the project
• description of the overview and detailed linear layout (Figure 1-2)
• description of schematic diagram of key components in the linear project
(Figure 1-3)
• infrastructure and facilities requirements

7
• construction methods and sequence
• project implementation schedule

Figure 1-2 Example of Overview of Linear Project

8
Figure 1-3 Example of Schematic Diagram for Linear Project

Industrial Project

• design and/or planning basis – what where the key considerations in


designing or planning the project
• description of the processes supported by process flow diagrams (example in
Figure 1-4)
• raw materials and product outputs – supported by mass balance diagrams
(Figure 1-5)
• pollution control measures and equipment
• infrastructure and amenities requirements and how they will be sourced
• workforce requirements
• project schedule
• example(s) of similar plants elsewhere.

9
Figure 1-4 Example of Process Flow Diagram

10
Figure 1-5 Example of Mass Balance Diagram

1.5.4 Project Options

Consideration of alternatives or options (Figure 1-6) in the project design is an


integral part of project planning. It is one of the main key features of the EIA
assessment as design and technology selection may determine the type and
magnitude of environmental impacts. Improper selection of design, process or
technology can lead to significant environmental impacts that can lead to rejection of
the project.

A comparison of alternatives/options will help to determine the best method of


achieving project objectives while minimising environmental impacts or, more
creatively, indicate the most environmentally friendly or best practicable
environmental option. If possible, all the alternatives that were considered for the
project and evaluated (including the no-project option) must be described in the EIA
report. This demonstrates to the reader that the project has been planned adequately,
taking into consideration various options.

The principle features of each option should be explained and the economic,
technical and environmental advantage and disadvantages of each should be
discussed and evaluated as far as possible. Discussion on alternatives should include
all project options that were considered by the Project Proponent – even those that
were considered in the early stage of project planning or before the consultant was
engaged.

One of the methods to present the comparison between the various options is in a
matrix format. The project options section in EIA provides an opportunity to
11
highlight the economic, technological, and environmental advantages of the chosen
project option. The elaboration of the project options should be supported by maps
and diagrams. It is also important to highlight that the alternatives considered, and
proposed options is implementable cost-effectively.

Option 1

Option 2

Figure 1-6 Example of Comparison of Project Layout in Project Options

12
1.6 DOCUMENTING THE EXISTING ENVIRONMENT
The most important consideration in documenting the “existing environment” is to
provide the reader with sufficient appropriate information in relation to the key
environmental issues. The Consultant should therefore have a good understanding
about the key environmental issues of the Project before commencing on
documenting the existing environment.

The extent of coverage must be proportionate with the importance of the subject
matter for a particular project. Many EIA reports tend to provide equal coverage on
all aspects of the existing environment which is not necessary.

For example, take a ground-water abstraction project. It is obvious that the geology,
hydrogeology, hydrology and the water uses in the vicinity must be documented in
great detail. It is also obvious that for this project that issues such as climate, air
quality and noise levels do not require similar detailed coverage.

Another example will be the construction of a highway cutting through an urban


area. Depending on the site, subjects such as population distribution,
socioeconomics, land use, air quality and noise levels must be extensively discussed.

An important aspect of documenting the existing environment is the provision of


good maps and appropriate photographs.

Results of baseline environmental sampling should always be compared against


National Standards. Where such standards are not available, guidelines issued by
internationally recognized organizations (such as the United Nations, World Bank or
Asian Development Bank) may be used for comparison.

All primary and secondary data collected and used as input for the EIA should be
included in EIA report as appendix.

Example of maps for existing environment is shown in Figure 1-7

13
Figure 1-7 Example of Maps for Existing Environment

14
1.7 DOCUMENTING ENVIRONMENTAL IMPACTS
A good EIA is how well the key environmental impacts are being assessed by using
appropriate methodology. The environmental impacts chapter should describe the
following matters:

• Identify clearly what are the main environmental issues. Do not treat every
issue equally.
• Identify clearly suitable methodology (qualitative, semi-quantitative or
quantitative) to be used for the impact assessment.
• Identify clearly the sensitive receptors and the locations of the sensitive
receptors.
• Identify clearly the magnitude and frequency of the impacts for a variety of
scenarios.
Common weaknesses of reporting impact assessment in which need to be avoided
and those which require to be adopted in the EIA report are as follows:

• Avoid cluttering of information, especially when numerical analysis and/or


simulation modeling is carried out. The EIA Consultant should provide the
only gist of the analysis in this chapter and keep the detailed technical
information in an Appendix.

• Focus attention on the important issues and avoid extensive analysis and
elaboration on unimportant ones since this tends to distract the reader from
the more important issues.

• Document results of impact analysis in simple, preferably graphic, or


pictorial form, for ease of visualization and understanding (Refer Figures 1-
8 to 1-11).

15
Figure 1-8 Example of Illustration of Noise Modelling for Alignment Project

Figure 1-9 Example of Illustration of Air Modelling for Industry Project

16
Figure 1-10 Example of Illustration of Soil Erosion Risk Map for Land
Development Project

Figure 1-11 Example of Cumulative Risk Contour of Project Site

17
1.8 DOCUMENTING THE MITIGATION MEASURES
Documenting the mitigation measures should also be based on the earlier premise
that not all issues are equally important. Consultants are expected to provide in-
depth discussion about the mitigation measures that are supposed to address the key
environmental issues.

For example, there is no point writing pages after pages about erosion and sediment
control for construction of a factory on a flat area. Similarly, there is no point of a
lengthy discussion about the protection of wildlife in most urban road projects.

Where possible and as appropriate, discussions on mitigation measures should be


supported by photos, maps, and drawings. It is always useful for the reader to know
where the key measures are to be implemented and how the measures look like.

Reporting mitigation measures should also cover the new technology, green
technology, best available technology (BAT), best available control technology
(BACT) as well as benchmarking with alternative technology and adopting zero
waste concept or zero emissions options.

Example of photos for mitigation measure are shown in Plate 1-1 to 1-3

Plate 1-1 Photos of Best Available Technology (Air Pollution Control and
Wastewater Treatment Plant)

18
Plate 1-2 Example of Photo for Scheduled Waste Management

Plate 1-3 Example of photos for soil erosion management

1.9 DOCUMENTING RESIDUAL IMPACTS


The aim of this section of an EIA report is to document the residual impacts which
refer to those environmental effects predicted to remain after the application of
mitigation outlined in an EIA. This section of the EIA report is important, and the
discussion should provide an estimation of the environmental impact(s) that will
likely occur, addressing duration, extent, and intensity of impact(s). Only effects
considered significant should undergo an additional consideration of the likelihood
of their occurrence, the resources or sensitive receptors affected and the level of
confidence underlying the effects prediction.

1.10 ENVIRONMENTAL MANAGEMENT AND


MONITORING
Environmental management is an element of the EIA report which sets out the
actions for monitoring and evaluation of the project during implementation or
construction and operation. An Environmental Management Plan (EMP) is the

19
product of this exercise, and this should form a fundamental part of the project
specifications. Depending on the stage of design of the project, it may not be possible
always to develop a detailed EMP but often it suffices that an outline or draft EMP
be included in the EIA report.

The environmental monitoring should be prepared for the following type of


environmental monitoring:

Each type of environmental monitoring can be illustrated in table for easy reference
that consists of the following component.

1.11 MAPS, DIAGRAMS AND PHOTOGRAPHS


Maps, diagrams, and photographs are useful tools to illustrate important features of
the proposed project, the project site, environmental impacts, and mitigation
measures. These should always be prepared with the reader in mind.

20
Maps

All maps must be drawn to scale and the scale clearly indicated. If the map has been
taken or adapted from another source, the source should be named. The project site
should always be shown on all the maps so that the reader can relate the information
on the map to the project.

Surrounding land uses (Figure 1-12) of a project site must be presented in macro scale
maps (with scale 1:50,000, or 1:25,000) or plans in at least A3 size. Land uses within
250m and 500m surrounding the project site shall be shown in detail. Where there is
Local Plan for the area where the project is located, the land use map from the Local
Plan shall be reproduced in the EIA report. All maps should be accompanied with
proper legends and “North” mark.

Figure 1-12 Example of Land Use Map in EIA Report

21
Diagrams

Consultants must ensure that all text on a diagram can be read. If any text on the
diagram is not legible, it is useless and only adds to the clutter. (See Figure 1-13).

Figure 1-13 Examples of Diagram

Photographs

All photographs should be illustrated. Photographs should be used to highlight key


features of the project site, particularly in showing the key sensitive receptors, issues
within the project sites, findings on existing environment / sampling survey.
Example of photos are shown in Plate 1-4 and 1-5.

Plate 1-4 Example of Photo Showing the Size of Banded Archerfish

22
Plate 1-5 Clear Photos of Biodiversity with the Respective Names

23
Aerial Photographs

If aerial photographs (Figure 1-14) are available for a project site, this can be
included. The photograph should be clear enough to show the project site and its
surrounding land uses, sensitive receptors, scaled and proper legend. Source of the
aerial photo shall be indicated.

Figure 1-14 Examples of Aerial Photo Showing the Nearest Sensitive


Receptors To The Project Sites

1.12 STAKEHOLDER PARTICIPATION


The stakeholder participation process should be adequately documented in the EIA
report. These may include:

24
Reports of stakeholder dialogues

The report should contain at least the main issues discussed, key questions, the list
of participants, venue, date, dialogue programme and photos.

Questionnaire survey

The report of survey should include at least the basis for determining the sample size,
description of the population sample, methodology of the survey, a copy of the
questionnaire and an analysis of the findings.

Stakeholders’ Consulted

The names of stakeholders and agencies consulted during the course of the EIA and
the dates of the consultation should be listed. Only the gist of the findings from
stakeholders’ consultations should be discussed in the main report. The minutes of
meeting of the stakeholder engagements should be recorded and placed as appendix.

1.13 DETAILED TECHNICAL SURVEYS AND ANALYSIS


Detailed technical surveys and analysis are often carried out during the course of an
EIA. While these are important, proper documentation will enable the facts and
findings to be clearly understood by the reader. Results of detailed surveys and
analysis should always be kept in an appendix – only the gist should be elaborated
in the main report.

For all types of surveys/sampling that are included in the EIA, at the very least, the
following should be described:

When modeling has been carried out and reported in the EIA, the following should
be documented clearly:

25
1.14 REQUISITE SUPPORTING DOCUMENTS
In addition to the main technical contents, all EIA reports should also include:

1.15 REPORT COVER


The EIA report cover should contain the following information:

• The title of the project

• The name of the Project Proponent

• The name of the consultant

• Photo cover related to the Project

• Whether it is a First Schedule EIA or Second Schedule EIA

• Date of submission (month/year).

Project Proponent and Qualified Person are required to follow cover page format for
TOR and EIA report as shown in Figure 1-15. The cover page format was introduced
in August 2018 by DOE in Notice 2/2018.

26
Figure 1-15 Cover Page Format for TOR and EIA Format

27
GUIDANCE ON DETERMINING QUESTIONNAIRE
AP-G
SAMPLE SIZE
APPENDIX G

GUIDANCE ON DETERMINING QUESTIONNAIRE SAMPLE SIZE

1.1 INTRODUCTION

The sample size is entirely dependent on the nature of the EIA projects, objective of the
questionnaire, the availability of resources and costing. In general, large sample size is
required when higher level of accuracy and certainty of inferences are desired. There are no
fixed criteria in determining sample size where determination need to be made case-by-case
basis in view of objective of study. However, representative sample must be selected together
with suitable of sample size to ensure adequacy of the sample.

Following summarizes the key factor for determination of sample size.

Population size is the entire group that Project Proponent and EIA Consultant want to draw
conclusions about. It is from the population that a sample is selected, using probability or non-
probability samples. The population size may be known or unknown, but there’s a need for a
close estimate, especially when dealing with a relatively small or easy to measure groups of
people.

Confidence level and confidence interval are interrelated factors to be considered prior to
determining sample size. The confidence level refers to the percentage of probability, or
certainty that the confidence interval would contain the true population parameter when EIA
Consultant draw a random sample many times. Confidence intervals measure the degree of
uncertainty or certainty in a sampling method and how much uncertainty there is with any
particular statistic. In conclusion, the larger the sample size for a given confidence level, the
smaller confidence interval.

The standard deviation of a sample can be used to approximate the standard deviation of a
population. The higher the distribution or variability, the greater the standard deviation and
the greater the magnitude of the deviation.
Following summarizes the key questions to consider in determining the sample size.

How precise do you want to be?


Smaller Sample Size ← Fairly Precise Very Precise → Larger Sample Size

How sure do you want to be of your answer?


Smaller Sample Size ← Fairly Sure Very Sure → Larger Sample Size

How much variation is there in the population you are


studying?
Smaller Sample Size ← Low Variation High Variation → Larger Sample Size

1.2 METHODOLOGY TO DETERMINE SAMPLE SIZE

Sample size can be defined as the number of individuals or respondents included in a study
to represent a population. The sample size can be broken down into sub-groups by
demographics such as age, gender, and location so that the total sample achieves represents
the entire population.

Determining the appropriate sample size is one of the most important factors in statistical
analysis. If the sample size is too small, it will not yield valid results or adequately represent
the realities of the population being studied. On the other hand, while larger sample sizes
yield smaller margins of error and are more representative, a sample size that is too large may
significantly increase the cost and time taken to conduct the research. There are several
methods in determining sample size to conduct questionnaire survey.
1.2.1 Krejcie and Morgan Method (1970)

Krejcie and Morgan Method is one of the commonly used methods in determining sample
size. The method provides easy to use table to guide sample size determination from a given
population. The determined sample size is dependent on factors, margin of error (e) and level
of confidence (c). The formula is as following.

𝑠 = 𝑋 2 𝑁𝑃 (1 − 𝑃) ÷ 𝑑2 (𝑁 − 1) + 𝑋 2 𝑃(1 − 𝑃)
Where:
s = Required sample size
X2 = Table value of chi-square for one degree freedom at desired confidence level (c)
N = Population size
P = Population proportion (assumed at 0.5)
d = Degree of accuracy expressed as a proportion

Example:

When N = 300, e = 5%, c = 95%


Required sample size is 169

When N = 300, e = 1%, c = 95%


Required sample size is 291

When N = 300, e = 1%, c = 99%


Required sample size is 296

Similar approach is done for large population size,

Example:

When N = 75,000, e = 5%, c = 95%


Required sample size is 382

When N = 75,000, e = 1%, c = 95%


Required sample size is 658

When N = 75,000, e = 1%, c = 99%


Required sample size is 13,583
1.2.2 Slovin’s Formula

Slovin’s Formula is another method for sample size determination, but the accuracy of the
method is disputed as it does not consider level of confidence (c) in the process. The formula
is as following:
N
n=
1 + Ne2

Where n is sample size, N is population size and e refer to margin of error.


Example:

When N = 300 and e = 5%


Required sample size is 171

When N = 300,000 and e = 5%,


Required sample size is 399

Considerations

There are instances where research area with large population size is subdivided into different
segments based on features of the area. For instance, research area with population size of
75,000 can be divided into three segments containing 25,000 individuals each. If Krejcie and
Morgan Method is applied

When N = 25,000, e = 5%, c = 95%Required sample size is 378


When N = 25,000, e = 1%, c = 95%Required sample size is 6,939
When N = 25,000, e = 1%, c = 99%Required sample size is 9,972

Thus, the minimum required sample size for research area is 1,134 (378 × 3) compared to 382
sample required when sample size is determined for the entire population.

It is important for the consultant to determine whether either total population or number of
households should be surveyed. Often surveys done only takes one person from each selected
household. It is best that sample size determination is done based on number of households
instead of total population. In this condition where average household size assumption is five,
the sampling count (N) will be only 15,000 instead of 75,000.

When N = 5,000, e = 5%, c = 95%Required sample size is 357


When N = 5,000, e = 1%, c = 95%Required sample size is 3,288
When N = 5,000, e = 1%, c = 99%Required sample size is 3,842

Samplings done should based on accurate assumptions and high attention to detail when
involving large sample size. The samplings will require high budget and manpower
requirement, and large-scale survey execution.
1.2.3 Roscoe’s Rules of Thumb (1975)

Roscoe’s Rules of Thumb suggested that a sample size greater than 30 and less than 500 is
suitable for most behavioral studies. Sample size larger than 500 may lead to Type II error.
Roscoe also stated if the data set needs to be broken into several subgroups (e.g., male/female,
rural/urban, local/international, etc.), 30 respondents should be considered the minimum for
each group. The logic behind the rule of 30 is based on the Central Limit Theorem (CLT). The
CLT assumes that the distribution of sample means approaches (or tends to approach) a
normal distribution as the sample size increases.

1.2.4 Cochran’s Formula (1977)

Cochran’s formula allows for the determination of sample size based desired precision and
confidence level along with estimated proportion of attribute present in the population. The
formula is appropriate to be use in situations with large population size. The formula is as
following.

Z2 pq
𝑛0 =
e2
Where;
n0 :sample size;
Z :z-score;
e :refers to margin of error;
q :1-p;
p : estimated proportion of population with attribute in question

Example:

When assuming p = 0.5, e=5%

(1.96)2 (0.5)(0.5)
𝑛0 =
0.52

Required sample size is 385

However, the sample size can be reduced when the population size is smaller since higher
proportionate can be extracted from smaller population size compared to larger population
size. Under these conditions the value obtained can be adjusted using the formula below.

𝑛0
𝑛=
(𝑛 − 1)
1 + 0𝑁
Where n is sample size and N is the population size.

Example:

When assuming N = 2000

385
𝑛=
(385 − 1)
1 + 2000

Required sample size is 323

Methods provided above for determination of sampling size are not exhaustive. There are
other methods which can be used according to the project suitability, characteristics of the
population, and time and budget limitation.
GUIDANCE DOCUMENT FOR PREPARATION &
AP-H
SUBMISSION OF EMP
GUIDANCE DOCUMENT
FOR PREPARATION AND SUBMISSION OF
ENVIRONMENTAL MANAGEMENT PLAN (EMP)
_____________________________________________________________

A. THE GUIDANCE DOCUMENT

1.0 INTRODUCTION TO GUIDANCE DOCUMENT

Environmental Management Plan (EMP) translates the EIA approval


conditions into action. The EMP is neither a report of another study
nor a document which is descriptive in character. As a contrast, the
EMP document states in explicit terms what actions will be taken,
what measures will be instituted, what structures will be built, what will
be installed, when the actions will be executed; etc. in order for the
project activities to be compliant with the EIA approval conditions.
The EMP is a concrete plan of action which is explicit, illustrative,
action-oriented, time-bound and definitive. Eventhough the EMP
exhibits all of the above characteristics, the EMP is by nature, a living
document which needs to be revised and updated when there exists
certain circumstances which demand changes to be made. These
factors may include changes to project details and surrounding areas
and inadequacy of the control measures to comply with regulatory
standards.

2.0 OBJECTIVE OF GUIDANCE DOCUMENT

The objective of the Guidance Document is to:

Provide general guidance to consultants in the preparation of EMPs to


be submitted to the DOE for approval. Pertinent aspects to be
incorporated in the document are stipulated to ensure that the EIA
approval conditions are translated into actionable items.

1
3.0 HOW TO GET STARTED

Firstly the project proponent and the consultant who has been tasked to
prepare the EMP should study and understand each of the EIA
approval conditions.

Secondly, for each of the approval conditions, whether they are


administrative or physical in nature, identify actions required to be
executed in order to comply with them.

Thirdly, compute an estimated cost to be incurred for each of the


executable actions.

Fourthly, the project proponent needs to be thoroughly briefed on the


executable actions to be undertaken and the cost implication. Later,
the proponent also needs to make a declaration that all the actions
stipulated in the EMP will be implemented (see paragraph C 1.0).

The logical steps to be followed in the EMP preparation as outlined


above are depicted in Figure 1.

Step: Action by:

1 Study EIA approval conditions EMP preparer

2 Translate conditions into EMP preparer


executable actions

3 Prepare cost estimate EMP preparer

4 Make declaration Project proponent

2
Figure 1: Typical steps in EMP Preparation

B. THE ENVIRONMENTAL MANAGEMENT PLAN (EMP)

The EMP shall at the minimum, contain the following chapters: chapter 1 to
chapter 5. However, the depth of treatment and details discussed in chapter 5
shall be tailored to suit the individual project and the EIA approval conditions.

1.0 INTRODUCTION

a. Project layout as approved in the Development Order by


Local Authority.
b. Project implementation schedule.
c. Name of the EMP preparer and his consulting firm.

2.0 POLICY

a. Company’s corporate policy statement on environmental


management and protection.

3.0 ORGANIZATIONAL STRUCTURE

a. Organization chart of the company’s top management with


responsibilities on environmental management and
protection (provide names, positions, mobile phone contact
numbers and e-mail addresses).
b. Name, mobile phone contact number and e-mail address of
environmental manager, engineering consultant, contractor,
site supervisor and industrial effluent treatment system
(IETS)/air pollution control (APC) competent person
(wherever relevant and available).

3
c. Name of environmental consultant and accredited
laboratory conducting environmental monitoring, analysis of
environmental samples and submitting reports to DOE.
4.0 TRAINING REQUIREMENT

a. Plan for staff training in order to develop competency to


discharge responsibilities on environmental requirements
and compliance.

5.0 ENVIRONMENTAL REQUIREMENTS

a. EIA Approval Conditions.

b. Table of “Mitigating Measures to be Implemented” as in the


Appendix I.

5.1 IMPLEMENTATION OF EROSION AND SEDIMENT


CONTROL

a. Name and contact (mobile phone number, e-mail address)


of professional who is CPESC certified,* preparing the
ESCP that would comply with the Guidance Document
on ESCP preparation issued by the DOE.

b. Schedule of project phasing and submission of ESCP.

Schedule of project phasing, ESCP preparation and


submission and pre construction meeting to be attended by
project proponent/management, ESCP design engineer,
contractor and DOE officer.

(*Note: As an interim measure, an equivalent certification


may be accepted. The non-CPESC certified professional
must submit certified evidence to the DOE and obtain
DOE’s consent before undertaking any assignment on
ESCP preparation).

4
(c) Method Statement

Method statement and layout plan to be implemented for


the major activities of the project that may cause erosion
and sedimentation.

5.2 WATER POLLUTION CONTROL

a. Ambient monitoring

Detailed environmental monitoring program inclusive of map


indicating location, longitude, latitude, frequency,
parameters, equipment, personnel and schedule.

b. Effluent treatment

Proposed treatment technology; schedule for submission of


Notification for new source of effluent discharge, design of
IETS, recruitment of competent person and purchase of
relevant equipment.

c. Temporary sullage and sewage treatment

Detailed proposal for management and treatment of


sullage and provision of temporary sewage facilities for
workers.

d. Permanent sullage and sewage treatment

Proposed treatment technology; schedule for submission of


Notification for new source of sewage discharge, design of
sewage treatment system (STS), recruitment of competent
person and purchase of relevant equipment.

5
5.3 CONTROL OF AIR POLLUTION AND NOISE

a. Ambient monitoring

Detailed environmental monitoring program inclusive of map


indicating location, longitude latitude, frequency,
parameters, equipment, personnel and schedule.

b. Air pollution control

Proposed control technology; list of equipment requiring


approval from DOE; schedule for submission of application
for air pollution control system (APCS) Written Approvals,
recruitment of competent person and purchase of relevant
equipment.

5.4 MATERIALS AND WASTE MANAGEMENT

a. Raw materials and stockpiles.

Detailed proposal for management of raw materials,


including chemicals, fuels, etc., and stockpiles.

b. Solid waste.

Detailed proposal for management of solid waste during


earthwork and construction phase.

c. Scheduled waste.

Detailed proposal for management of scheduled waste to


comply with Environmental Quality (Scheduled Waste)
Regulations 2005.

d. Biomass.

6
Detailed proposal for management of biomass during land
clearing and construction phase.

e. Spoils/dredge materials/construction waste.

Detailed proposal for management of spoils/ dredge


materials/ construction waste during earthwork and
construction phase.

f. Open burning.

Measures to prevent occurrence of open burning.

g. Housekeeping.

Proposal for implementing best practices in general


housekeeping including housekeeping of the vehicles and
machinery maintenance area. .

5.5 EMERGENCY RESPONSE PLAN (ERP)

Name and contact (mobile phone number, e-mail address) of


professional who will prepare the ERP and the schedule for its
preparation and submission to the DOE.

C. DECLARATION AND CHECKLIST

1.0 DECLARATION

The project proponent is required to make a declaration that all


the actions/measures/plans outlined in the EMP will be
implemented by using the format in Appendix II.

7
2.0 CHECKLIST

To assist the consultant who has been assigned to prepare


the EMP and submit it to the DOE, a checklist/form (Appendix III)
has been prepared. The form is required to be filled out and
submitted to the DOE together with the EMP document.

Department of Environment (Headquarters)


Putrajaya

December 28, 2010

8
Appendix I

MITIGATION MEASURES TO BE IMPLEMENTED

Table: Mitigation Measures to be Implemented


Project activities and Impacts Mitigation Mitigations
environmental issues measures measures to be
concerned recommended in implemented
EIA

* * *

• Note: The contents of the above Table are to be derived from


Table I: “Summary of Impacts and Mitigation Measures” presented
in the EIA report and additional requirements stipulated in the EIA
approval conditions.

9
Appendix II

DECLARATION BY PROJECT PROPONET/AUTHORIZED PERSON

I certify that the Environmental Management Plan has been prepared


with my knowledge and I shall undertake the responsibility to ensure
the actions/measures/plans stated in the EMP will be implemented.

PROJECT TITLE: ……………………………………………………………


………………………………………………………………………………….
………………………..………………………………………………………..

PROJECT ADDRESS/LOCATION: ………………………………………..


…………………………………………………………………………………..
………………………………………………………………………………….

……………………………………………………..
Name of project proponent/authorized person

Signature: (…………………………)

Date: ……………………………

10
Appendix III

ENVIRONMENTAL MANAGEMENT PLAN PREPARATION CHECKLIST

PROJECT TITLE: ______________________________________________

NAME OF PROJECT PROPONENT:________________________________

_____________________________________________________________

NAME OF CONSULTANT: _______________________________________

EIA APPROVAL CONDITIONS COMPLIANCE CHECKLIST

EIA APPROVAL CONDITION, ACTIONABLE ITEM IN EMP NOTES


NUMBER…. ON PAGE…..

Name of project proponent/authorized person

……………………………………………………..

Signature: (…………………………)

Date: ……………………………
11

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