Beruflich Dokumente
Kultur Dokumente
Semester 1 2014/2015
Department of Civil Engineering, University of Malaya
Matric No.
: KES 110003
Lecturer
Abstract
About twenty years ago, Garrett Hardin, an American ecologist, had alerted the world
about the dangers of overpopulation through the tragedy of the commons in a famous
1968 paper in Science (Hardin, 1968). The commons worldwide are competing to
develop and becoming more and more advance. The populations in the world increase in
exponential rate, thus the danger of overpopulation become more alarming. Thus,
Environmental Impact Assessment may be one way to rationally manage the resources in
proper way. Environmental Impact (Memon, 2002)Assessment (EIA) plays an important
role in balancing the environmental factors and new proposed development projects, for
minor structures as well as major structures. In Malaysia, Environmental Quality Act
1974 (EQA) was enacted and Department of Environment (DOE) was established to
implement the EQA. In 1976, under the 3rd Malaysia Plan (TMP), the importance of EIA
was realized and introduced. This is due to at the same time with the highly advanced
development which brings lots of benefits to economics, various environmental impacts,
either serious or minor and cumulative environmental degradations are aroused. This
paper includes background of EIA in Malaysia, the problem statement, the objectives of
the article, literature review on definition of EIA, role of EIA, quality control mechanism
of EIA in Malaysia, EIA issues in Malaysia and challenges of implementation of
Environmental Impact Assessment (EIA) in Malaysia.
Introduction
1.1 Background
Environmental Impact Assessment (EIA) plays a role as a legal tool starts at year 1969
where the NEPA (National Environmental Policy Act) was introduced and established in
USA. The procedures in Malaysian EIA are comparable to the National Environmental
Policy Act 1969 (NEPA) model in the United State. According to recent amendments to
the Environmental Quality Act 1974 (Prescribed Activities) (Environmental Impact
Assessment) Order 1987, it is mandatory for environmental impact assessment (EIA) to
be carried out for specific activities. There are 19 categories of prescribed activities,
namely agriculture, airport, drainage and irrigation, land reclamation, fisheries, forestry,
housing, industry, infrastructure, ports, petroleum, mining, power generation and
transmission, quarries, railways, transportation, resort and recreational development,
waste treatment and disposal, and water supply. The activity which requires EIA
according to project size is shown in Table 1. However, the Environmental Quality
(Prescribed Activities) (Environmental Impact Assessment) Order 1987 enacted is
applicable in Peninsular Malaysia. For Sabah and Sarawak, both state governments apply
their own rules and regulations, where Conservation of Environmental Enactment, 1996
(Amendment, 1999) (CEE) for Sabah and Natural resources and Environment Ordinance,
1949 (Amendments 1993 and 1997) (NREO) for Sarawak.
Unit
Hectare
Hectare
500
Hectare
500
400
Hectare
Hectare
250
200
Hectare
Hectare
200
100
100
80
50
50
Hectare
Family
Hectare
Room
Hectare
Hectare
50
50
Hectare
Hectare
50
50
Hectare
Hectare
50
50
50
40
Hectare
Hectare
Kilometer
Hectare
2.3
Kilometer
Activity
Irrigation schemes
Land development schemes to bring forest into agriculture
production
Development of agricultural estates involving changes in
types of agriculture
Logging
Construction of dams and hydroelectric power scheme
reservoirs
Mining of mineral in new areas
Construction of dams and man-made lakes and artificial
enlargement of lakes
Construction of dams or impounding reservoirs
Agriculture programmer necessitating resettlement
Drainage of wetland, wild-life habitat or virgin forest
Construction of coastal resort facilities or hotel
Coastal reclamation
Land-based agriculture project accompanied by clearing of
mangrove swamps forest
Conversion of hill forest land to other land use
Conversion of mangrove swamps for industrial, housing or
agriculture use
Housing development
Industrial estate development for medium and heavy
industries
Sand dredging
Hill station resort or hotel development
Construction off-shore and on-shore pipeline
Construction of dams and hydroelectric power schemes with
dams over 15 meters high
Construction of airport
1.3 Objectives
The aim of this article is to study the challenges of EIA implementation in Malaysia on
the development projects in order to find a balance between the environment
conservation and preservation and the development process. Also it is aimed to suggest
some measures to improve the implementation of EIA in Malaysia. In order to achieve
the goals, the objectives are as follow:
i.
ii.
iii.
iv.
Literature reviews
2.1 Definition
There are various definitions for Environmental Impact Assessment (EIA) given by
different parties based on their different views and understanding about EIA.
Environmental impact assessment in (Munn, 1979) is defined as a need to identify and
predict the impact on the environment and on mans health and well-being of legislative
proposals, policies, programmes, projects and operational procedures, and to interpret and
communicate information about the impacts. (Wathern, 1988) defines EIA as a
process having the ultimate objective of providing the decision-makers with an indication
of the likely consequences of their actions (Canter, 1996) defines EIA as the physicalchemical, biological, cultural and socio-economic components of the total environment.
Department of Environment Malaysia defines EIA as study to identify, predict, evaluate
and communicate information about the impacts on the environment of a proposed
project and to detail out the mitigating measures prior to project approval and
implementation. In a nutshell, generally, EIA can be concluded as a system that is
required before starting any development projects in order to get the balance between
development and environmental conservation. In Malaysia, the EIA report is a must if the
project size excess the limit as stated in the Environmental Quality (Prescribed
Activities)(Environmental Impact Assessment) Order 1987.
shortcomings as well as defects will be clearly reflected and the system will be less open
to abuse (Dr. Wen-Shyan Leu, Dr. W. P. Williams& Dr. A. W. Bark, 1997). Table 2
shows the summary analysis of quality control mechanisms in the Malaysia.
Table 2: Summary Analysis of Quality Control Mechanisms in Malaysia
Quality control mechanisms
Legislative control
Malaysia
The legal basis for EIA was set out in 1985
Guidelines for the procedure in general are
available
Lack of EIA technical guidelines
Procedure control
Formal stages for scoping, public participation
in detailed assessment, but not in preliminary
assessment.
Evaluative control
Independent EIA review by EIA Review Panel
for detailed assessment, but not for preliminary
assessment (majority of EIA cases).
Professional control
Regular EIA training organized by the INTAN
(Institut Tadbiran Awam Negara) and relevant
professional NGOs.
The DOE maintains a database of consultants
for the use as references.
Public/Relevant agency control
More channels available in detailed
assessment, but limited in preliminary
assessment (majority of the EIA cases).
Administrative control
The DOE is the core agency for development
and management of EIA system.
The Appeal Board has not yet been set up.
Judicial control
Non-existent.
Follow-up control
Implementation at state level as not been
effective due to lack of manpower and
resources.
Instrumental control
The Governmental shows a strong resistance to
international pressures.
Sources: Adopted and Modified from Table 2. Summary of analysis of quality
control mechanisms in the case-study countries (Dr. Wen-Shyan Leu , Dr.
W. P. Williams & Dr. A. W. Bark, 1997)
Lack of awareness of the strength of EIA as a planning tool. Many still perceive
EIA as a stumbling block to development.
Perception that carrying out on EIA study would delay project approval and
implementation.
EIA not carried out prior to final project design, so that issues such as siting and
technology are not considered.
Taking an example, an area located at near Paya Indah Wetlands, Sepang which was
already gazette as Rizab Tanah Lembab Negara in Selangor. EIA approval should be
applied for digging of sand is 50 hectares or more as stated in the regulations, thus the
relevant parties put aside and avoid themselves from preparation of EIA reports by
developing a land with only 20 hectares instead of 50 hectares. Truth to do sand mining
activity given that in the area without EIA approvals standard due to land area less than
50 hectares (Berita Harian Online). However, statement states that activity are involved
is already ratted on condition because the area has been dug and dug as deep as about 60
meters (The Malaysia Insider, 18 January 2011). Nevertheless, those areas are certainly
contaminated and it is surprising that there has no broadly buffer zone at least 20 meters
from border area next to Paya Indah Wetlands where the evidence is the survey made by
Persatuan Percinta Alam Sekitar.
In Malaysia, based on the article 74 of the Federal Constitution, the issues regarding the
land, rivers, forests, local government, and town and country planning are within the
jurisdiction of the respective State Authority. Thus, each state has their own laws on the
items as listed in the State List in the Federal Constitution. What the adverse impact of
the above scenario is that there is lack of uniformity and cause the weakness of
environmental regulations in certain areas. For instance, the most current issue that
reflects the controversy surrounding the powers of Federal State agencies during the
submission of the proposal for construction is the Bakun Hydroelectric Dam (Bakun
Dam) in Sarawak (Jaria, 2005)There is a conflict that the Bakun Dam construction will
follow the rules and regulations under EQA 1974 which is federal environmental
legislation or be governed by Sarawak State law, called Natural Resources Ordinance
1949. Based on the existed EIA federal, it is a requirement that the project developer to
make the EIA report public consultation before the approval of EIA report. However, the
existed Sarawak State Legislation excludes this requirement. The division of powers
between the federal and state government causes the overall planning for environmental
management become complicated and ineffective. Quoted from (Safruddin, 1988), it is
the interaction between design and process and consequently between the competing
interests that defines centre-state relations in Malaysia.
Discussion
From the view of the observers either local or foreign, environmental rules and
regulations of Malaysia is one of the best among the nations in the world. Ironically, the
effective of the existed legislation is quite unimpressive due to some challenges.
required in certain fields such as dams and reservoirs, resettlement and urban
development, infrastructure, industrial facilities, energy and mineral extraction, waste
management and disposal of hazardous and toxic material, and energy development.
Since DEIA is more easily to be assessed by public or relevant agency, it may not create
a big problem, but for the PEIA which has only limited channels to be assessed, there is a
chance that there are defects in PEIA which are not realized. Thus, the lack of expertise
and limited resources with executing authorities will result in inferior decision making.
References
1. Balsam Ahmad & Christopher Wood. (2002). A comparative evaluation of the EIA
systems. Environmental Impact Assessment Review, 213234.
2. Canter, L. (1996). Environmental Imapct Assessment. New York: McGrawHill.
3. Chiew, H. (2008, September 9). Whither the EIA. Retrieved October 3, 2014, from
http://www.thestar.com.my/story/?file=%2f2008%2f9%2f9%2flifefocus%2f1801
920&sec=lifefocus
4. Dr. Wen-Shyan Leu, Dr. W. P. Williams& Dr. A. W. Bark. (1997). Evaluation of
environmental impact assessment in three Southeast Asian nations. Project
Appraisal, 12(2), 89-100.
5. Environmental Quality (Prescribed Activities)(Environmental Impact Assessment)
Order 1987. Government Malaysia.
6. Gilpin, A. (1995). Environmental Impact Assessment - Cutting Edge for the twentyfirst century. Cambridge University Press.
7. Hardin, G. (1968). The Tragedy of the Commons. Science, 1243-1248.
8. Harun, H. (1994). EIA in Malaysia, the First Five Years. Paper presented at seminar
on Environmental Impact Assessment in Malaysia - an Update, February 3- 5,
Kuching, Sarawak.
9. History of EIA Systems and Measures taken around the World. (n.d.). Retrieved
October 3, 2014, from http://www.env.go.jp/earth/coop/coop/materials/10eiae/10-eiae-2.pdf