DRAFT EGIM - FEB 22 Jan
DRAFT EGIM - FEB 22 Jan
DRAFT EGIM - FEB 22 Jan
ASSESSMENT GUIDELINE
IN MALAYSIA
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
i
SECTION 3 : POLICIES AND PLANS 3-1
ii
SECTION 6 : UNDERTAKING THE EIA 6-1
iii
SECTION 7 : PUBLIC PARTICIPATION 7-1
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
vi
LIST OF ABBREVIATIONS
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
viii
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
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)
x
Earthworks Engineering works involving excavation and relocation
of soils and rocks during constructions works.
xi
Land title Document detailing the ownership of specific land or
property which is acquired based on National Land
Code 1965.
xii
LIST OF FIGURES
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
xiii
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
xiv
01 INTRODUCTION
Section 1
INTRODUCTION
SECTION 1 : INTRODUCTION
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.
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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.
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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.
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.
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.
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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
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.
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Figure 1-1 Overall EIA Process Flowchart
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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.
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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.
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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.
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.
EIA report is required for expansion projects that fulfill the conditions below:
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.
Publicly accessible list of registered EIA consultants along with their contact details
is maintained by DOE (https://mycep.doe.gov.my).
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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.
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.
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.
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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.
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EIA Related Legislation in Sarawak
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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
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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.
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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.
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
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
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.
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.
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.
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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
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.
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.
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.
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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
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
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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.
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.
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.
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).
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.
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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.
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05 TERMS OF REFERENCE
Section 5
TERMS OF REFERENCE
SECTION 5 : TERMS OF REFERENCE
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.
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
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Figure 5-1 Flowchart of Screening Process
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:
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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
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.
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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.
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
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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.
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
5-6
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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5-8
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.
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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.
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:
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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.
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.
➢ 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.
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:
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vi. The economic developmental needs of the country
vii. Social improvement
viii. National and/or State priorities.
The amount of information provided must correspond to the likely nature of the key
environmental issues as shown in the examples below:
➢ 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:
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
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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
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.
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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.
Site options
6-8
• 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
Operations options
6-9
Some tips on presentation of the findings:
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.
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:
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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.
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.
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Figure 6-3 Examples of Primary Data Collection
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:
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.
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.
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.
Table 6-3 shows the list of components to describe the existing environment.
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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.
6-15
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.
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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:
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.
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.
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6.8.2 PREDICTION METHODOLOGY
➢ 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.
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Table 6-4 Examples of Quantitative Methods
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
i. The method should be practical and suitable for the project given the data,
time and financial resources available.
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.
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:
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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:
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.
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
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The possible assessment decisions using the above criteria may fall into the following
categories as shown in Table 6-6.
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).
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6.9.1 Mitigation Measures Adoption
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).
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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.
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:
If a significant impact is apparent, the basic rules that may be applied in designing
mitigation measures are:
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.
6-29
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.
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.
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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.
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.
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Requirement Information to be Included
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.
6-32
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.
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.
• 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.
6-33
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.
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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.
• 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 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
7-1
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.
7-2
7.3 IDENTIFICATION OF STAKEHOLDERS
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.
The Project Proponent and EIA Consultant should identify all stakeholders for the
Project as early as possible. These could include:
7-3
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
7-4
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
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)
7-5
• 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 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:
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.
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.
7-6
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.
Project Proponent and EIA Consultant can manage the stakeholders based on each
quadrant as shown below:
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)
7-7
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.
7-8
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.
• 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.
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.
7-9
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.
• 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.
• 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.
7-10
Plate 7-2 Focus Group Discussion
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.
7-11
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.
• 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.
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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
7-13
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.
7-14
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.
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
7-15
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.
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.
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.
7-16
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.
The opportunity for public review and comment on the information contained in an
EIA report comes in the form of:
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.
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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:
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.
7-18
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.
7-19
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.
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.
7-20
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.
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.
8-1
Table 8-1 EIA Report Review Process Requirements for Projects
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.
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.
Figure 8-1 EIA Report Review Process for First Schedule Activities
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.
8-3
Figure 8-2 EIA Report Review Process for Second Schedule Activities
8-4
8.2.3 Outcome of Review Process
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.
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.
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.
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:
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.
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).
This shall be undertaken by a EIA consultant with expertise in the related treatment
system
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.
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
9-4
ENVIRONMENTAL MAINSTREAMING TOOLS (EMT)
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.
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 budget requirements shall also form part of the bill of quantity (BQ) for the
contractors at the contractual stage.
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.
9-6
9.6.4 Environmental Performance Monitoring Committee
ii. Develop training programmes for on-site workers to include awareness of the
requirements on good environmental practices and consistent environmental
compliance.
vi. Ensure that mitigation measures are incorporated in all relevant contracts and
design of the site.
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.
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.
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.
9-8
9.6.9 Environmental Reporting and Communication
EMP framework shall contain a reporting schedule for various submissions during
the post EIA stage, which includes:
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.
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.
• Air pollution.
• Noise impact.
• Soil erosion.
• Water pollution.
• Solid waste.
• Scheduled waste.
9-10
AP-A LIST OF EIA GUIDELINES
APPENDIX A
No EIA Guidelines
1. EIA Guidelines for Cement Industry (2019)
3. EIA Guidelines for Development in Coastal Areas and Marine Parks (2017)
8. EIA Guidelines for Housing, New Township and Industrial Estate Development (2020)
13. EIA Guidelines for Paper and Pulp (Inclusing Paper Recycling) Industry (2019)
17. EIA Guidelines for Radioactive Materials and Radioactive Wastes (2018)
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)
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
No Guidance Document
1. A Guidebook on Identification and Classification of Scheduled Wastes (2015)
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
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
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)
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
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)
36. Technical Guidance on Scoping Preparation of EIA Report for Development on Hill and
Slope Area
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.
2. Aerodrome
(a) Construction of man-made lakes and artificial enlargement of lakes with surface
area of 100 hectares or more.
4. Fisheries
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.
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
7. Land Reclamation
Coastal reclamation or land reclamation along river banks involving an area of less
than 50 hectares
8. Mining
(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.
9. Petroleum
(a) Development of
i. oil field
ii. gas field or
iii. oil and gas field
i. Off-shore pipelines;
ii. On-shore pipelines; or
iii. Off-shore pipelines and on-shore pipelines
(c) Construction of
(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) 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.
(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.
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
(c) Sewage
15. Dredging
16. Housing
19. Quarry
20. Road
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.
(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.
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
(d) Petrochemicals
Production capacity of each product or combined product of 50 tonnes or more per
day.
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.
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
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
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.
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.
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.
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.
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.
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:
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 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.
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
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.
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.
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
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
8
Figure 1-3 Example of Schematic Diagram for Linear Project
Industrial Project
9
Figure 1-4 Example of Process Flow Diagram
10
Figure 1-5 Example of Mass Balance Diagram
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
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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.
All primary and secondary data collected and used as input for the EIA should be
included in EIA report as appendix.
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:
• 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.
15
Figure 1-8 Example of Illustration of Noise Modelling for Alignment Project
16
Figure 1-10 Example of Illustration of Soil Erosion Risk Map for Land
Development Project
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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.
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)
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Plate 1-2 Example of Photo for Scheduled Waste Management
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.
Each type of environmental monitoring can be illustrated in table for easy reference
that consists of the following component.
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.
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).
Photographs
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.
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.
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:
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
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.
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.
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:
Example:
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
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
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.
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.
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:
(1.96)2 (0.5)(0.5)
𝑛0 =
0.52
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:
385
𝑛=
(385 − 1)
1 + 2000
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)
_____________________________________________________________
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.
2
Figure 1: Typical steps in EMP Preparation
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
2.0 POLICY
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
4
(c) Method Statement
a. Ambient monitoring
b. Effluent treatment
5
5.3 CONTROL OF AIR POLLUTION AND NOISE
a. Ambient monitoring
b. Solid waste.
c. Scheduled waste.
d. Biomass.
6
Detailed proposal for management of biomass during land
clearing and construction phase.
f. Open burning.
g. Housekeeping.
1.0 DECLARATION
7
2.0 CHECKLIST
8
Appendix I
* * *
9
Appendix II
……………………………………………………..
Name of project proponent/authorized person
Signature: (…………………………)
Date: ……………………………
10
Appendix III
_____________________________________________________________
……………………………………………………..
Signature: (…………………………)
Date: ……………………………
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