Environmental Law, Ethics and Social

Responsibility

Dr. Nurul Bahiyah Abd Wahid

Department of Biology
Faculty of Science and Mathematics
Universiti Pendidikan Sultan Idris
 Learning outcomes

At the end of this chapter, students should be able to:

1. discuss on Environmental Quality Act 1974;
2. discuss on Environmental Impact Assessment (EIA) and its
associated procedures.
3. identify perspectives in environmental ethics;
4. explain social responsibility towards environment.
Environmental Quality Act 1974 (EQA)
 Environmental Quality Act 1974 (EQA)
 EQA forms the legal basis for the environmental regulations in Malaysia
 Objectives:
 prevention, abatement and control pollution and enhancement of
environment through curative measures (enforcement monitoring) and
preventive measures (EIA, integrated project planning).
 EQA came into force on 15 April 1975.
 EQA is applicable to the whole of Malaysia (It is a Federal Law and Act of
Parliament)
Environmental Quality Act 1974 (EQA)
 Chapters in EQA 1974:
 Part II: administration
 Part III: licenses
 Part IV: Prohibition and control of Pollution
 Part V Appeal and Appeal Board.

 Has a clear/specific aspects regarding environmental pollution.

 Part IV : Prohibition and control of Pollution.
 Section 22: Restrictions on pollution of atmosphere
 Section 23: Restrictions on noise pollution
 Section 24: Restrictions on pollution of the soil
 Section 25: Restrictions on pollution of inland waters
 Section 29A: Prohibitions on open burning
Environmental Quality Act 1974 (EQA)
 EQA provides administration aspects;
 Establishment of the Environment Quality Council (16 members).
 Director General of environment appointed to coordinate all
activities relating prevention and control of pollution and to enhance
quality of environment.
 Provides Regulations and Orders of Environmental Quality:
 Air pollution
 Water pollution
 Noise pollution
 Waste treatment and disposal
 EIA: Section 34A
Environmental Quality Act 1974 (EQA)
 Eg. Environmental Quality (Prescribed Activities) (Environmental
Impact Assessment) Order 1987
 Eg. Environmental Quality (Clean Air) Regulations 1978
 Procedures/guidelines: env. guidelines for planner and project
developers
Environmental Quality Act 1974 (EQA)
 The Act has been amended twice
 1985- A636
 1996- A953
1985 Amendment:
 Malaysia committed to the concept of sustainable development.
 Concerned with the EIA/insertion of Section 34A regarding report
on impact on the environment results from prescribed activities.
 In mid-1980s motor vehicles created air pollution.
 Insertion to section 48 of the principal Act / regarding power to test
and prohibit the use of vehicle.
 Environmental Quality Act 1974 (EQA)
1996 amendment:
• Concerned with the better management and more
effective control of hazardous waste and products that are considered
environmentally unfriendly.
• Insertion a provision for prescribed substances
• Insertion of environmental audit
• Promote research in relation to any aspects of pollution
• Establishment of environmental research fund.
• Increased penalties for non-compliance
ENVIRONMENTAL IMPACT ASSESSMENT (EIA)
What is EIA?
 EIA is a study to identify, predict, evaluate and communicate
information about the impacts on the environment of a proposed
project and to detail out the mitigating measures prior to project
approval and implementation.
 Essentially a planning tool for preventing environmental problems due
to an action.
 EIA required under section 34A of the EQA 1974 (Amend 1985)
 Came into force on 1 April 1988
EIA
 Management tool to avoid environmental problems due to any taken
action.
 To reduce high cost in development project due to environmental
damage.
 Giving early information on environmental impacts and then proposed
suitable mitigation measures.
 Giving important information in order to make best decision in
development.
 Prescribed activities subject to EIA
 All activities under Environmental Quality (Prescribed Activities) (Environmental
Impact Assessment) Order 1987
 19 categories of industry required to submit EIA reports
1. Agriculture 13. Power generation and transmission
2. Transport
3. Drainage and irrgation 14. Quarries
4. Land reclaimation 15. Railways
5. Fisheries 16. Transportation
6. Forestry 17. Resort and recreational development
7. Housing
8. Industry 18. Waste treatment and disposal
9. Infrastructure 19. Municipal sewage
10. Port
11. Mining
12. petroleum
EIA Procedures

Involved three stages:

1. Preliminary Assessment
2. Detailed Assessment
3. Review of Detailed Assessment
Preliminary Assessment
 Identify the status of the project during early project planning.
 Identify alternative projects, further consideration of benefits and
disbenefits of projects.
 Mitigation measures of the negative impacts on environment should be
identify and included in project planning.
 Identify important residual impact of environment.
 Preliminary Assessment report will be reviewed by Department of
Environment.
 Detailed Assessment
 Subject to the projects which have importance residual effects identified
during previous preliminary assessment.
 Report includes details study of impacts of the activities and proposed a
significant mitigation measures.
 Determine the environmental cost and benefit from the projects to the
society.
 Detailed report reviewed by EIA technical committee/review panel.
Review of Detailed Assessment Report
 Detailed assessment report reviewed by Review Panels.
 Review panels appointed are specialist in a specific environmental field
to be studied.
 Opinions from these specialist are needed by approving authority.
 The report will be studied and decision will be made within 3 months.
 Public participation is needed during detailed assessment and review of
detailed assessment.
Outline of EIA Procedure
ENVIRONMENTAL ETHICS
What is Environmental Ethics?

The discipline that studies the moral relationship of human

beings and the value together with moral status of the
environment and its nonhuman content.

The body of moral principles or values followed by a person

in regards to their total surroundings.

Environmental ethics is a topic of applied ethics that

examines the moral basis of environmental responsibility.
 Ethics vs morals
 Ethics
 Seeks to define fundamentally what is right and what is wrong,
regardless of cultural differences.
 Morals
 Reflect predominant feelings of a particular culture about ethical issues.
Levels of Environmental Ethics
 DESCRIPTIVE
Consists of what people and their cultures should do and value.
 NORMATIVE
Deals with the questions of right or wrong, duties and rights, justice
and injustice, virtue and wickedness and so forth.
Recommendations are also made as to the morally “best” course of
action or conduct.
 CRITICAL
Concerned with the meanings of ethical concepts with the justification
of normative claims.
Primary Theories of Moral Responsibility

1. Anthropocentric (Human centered)

 Responsibility derived from human interests.
 Only humans are morally significant.
 We can best protect nature by looking out for human
needs.
Primary Theories of Moral Responsibility

2. Biocentric
 All life forms have an inherent right to exist.
 All and only living beings, specifically individual organisms (not species
or ecosystems) have intrinsic value and moral standing.
 Humans are not superior to other life forms nor privileged, and must
respect the inherent worth of every organism
 Humans should minimize harm and interference with nature: eat
vegetarian since less land needs to be cultivated.
Primary Theories of Moral Responsibility

3. Ecocentrism
 Eco-centric Holism: ecosystem centered morality
 Environment deserves direct moral consideration, not one derived
from human interests.
 Non-individuals (the earth as an interconnected ecosystem, species,
natural processes) have moral standing or intrinsic value and are
deserving of respect.
 Individuals must be concerned about the whole community of
life/nature,
 Humans should strive to preserve ecological balance and stability.
 Various World Views
and Ethical Perspectives

Philosophy Intrinsic Value Instrumental Value Role of Humans

Anthropocentric Humans Nature Masters

Biocentric Species Abiotic Nature One of many (part of

nature)
Ecocentric Processes Individuals Destroyers
 Criteria of Moral Responsibility
 The person has knowledge of the consequences of the act.
 We know that we can cause permanent damage to natural
landscapes, resources and ecosystems.
 The person has the capacity to do the act.
 We know that we can cause them.
 The person has the choice not to do it.
 We know how we can prevent or remedy them
Our social responsibility towards environment
is to live more sustainably
1. Develop respect for all life
2. Understand nature and apply the lessons
3. Understand our impacts on the biosphere
4. Develop critical thinking skills
5. Evaluate our worldviews and lifestyles
6. Strive to make the world a better place