You are on page 1of 9

MBG1223

ASSIGNMENT 6

SANGEETHA A/P ARJINAN

ENVIRONMENTAL LAW Issues involving environment nowadays are very common to be heard no matter in which part of the earth. Malaysia is also one of the countries which encounter environmental issues. There are three main types of environmental issues namely involving land, water and also air. Land issues are mainly occurred by the deforestation, landslide, land erosion and also the waste disposal. For air, it occurs as a result of open burning and emission of smokes. Meanwhile the water, it involves the domestic and industry waste disposal into the lake, river or sea. Generally all those pollution are occurring as a result of human behavior which manipulates the natural environment to suit the need of today’s daily lives. In the process of manipulation, construction industry is one of the industries which contribute to the environmental issues. It starts from the house we live, the road we travel and ends in the buildings we work in and socialize. The issues in construction industry can be caused by the following reasons namely by the project itself, size of the project, location where the project is located, material used and the activities involved in the project. Minimizing the scope to the environmental issues in construction site, there are few issues can be found. Mainly it is pollution related to dust and noise, landslide and flood. In construction site, the pollution is mainly caused by the using and handling of material in the site. Handling the machineries in site would make a lot of noise and the excessive noise is considered as noise pollution. Sometime executing one activity could cause the existence of much pollution. For instance, in large projects activities involving removing vegetation and reshaping topography would make the soil vulnerable and lead to erosion. The soil removed by erosion would become airborne and

may by regulations specify the acceptable conditions for the emission. (2) Without limiting the generality of subsection (1). control of pollution and enhancement of the environment. discharge or deposit of environmentally hazardous substances. (c) he burns any wastes of the trade. segment or element of the environment and may set aside any area. segment or element of the environment within which the emission. after consultation with the Council. (b) he causes or permits the discharge of odours which by virtue of their nature. concentration. discharge. If the dust is carried by water. it could pollute the water also. discharge or deposit is prohibited or restricted. Environmental Quality Act 1974 is used. As a step of prevention.MBG1223 ASSIGNMENT 6 SANGEETHA A/P ARJINAN create dust problem which will pollute the air. emit or discharge any environmentally hazardous substances. volume or extent are obnoxious or offensive. 21. pollutants or wastes into the atmosphere in contravention of the acceptable conditions specified under section 21.1 If there is pollution in construction site. etc. The Minister. nearest neighborhood and the quality of water and air. abatement. process or industry. or 1 . Restrictions on pollution of the atmosphere 22. unless licensed. it could affect all the workers in site. (1) No person shall. a person shall be deemed to emit or discharge wastes into the atmosphere if: (a) he places any matter in a place where it may be released into the atmosphere. pollutants or wastes or the emission of noise into any area. The sections in Environmental quality Act 1974 which controls the pollution are as follows:Power to specify conditions of emission.

(1) No person shall. (1) No person shall. emit or cause or permit to be emitted any noise greater in volume. Restrictions on noise pollution 23. unless licensed. intensity or quality in contravention of the acceptable conditions specified under section 21. Restrictions on pollution of the soil 24. (3) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable to a fine not exceeding one hundred thousand ringgit or to imprisonment for a period not exceeding five years or to both and to a further fine not exceeding one thousand ringgit a day for every day that the offence is continued after a notice by the Director General requiring him to cease the act specified therein has been served upon him. (3) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable to a fine not exceeding one hundred thousand ringgit or to imprisonment for a period not exceeding five years or to both and to a further fine not exceeding one thousand ringgit a day for every day that the offence is continued after a notice by the Director General requiring him to cease the act specified therein has been served upon him. (2) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable to a fine not exceeding one hundred thousand ringgit or to imprisonment for a period not exceeding five years or to both and to a further fine not exceeding five hundred ringgit a day for every day that the offence is continued after a notice by the Director General requiring him to cease the act specified therein has been served upon him. .MBG1223 ASSIGNMENT 6 SANGEETHA A/P ARJINAN (d) he uses any fuel burning equipment not equipped with any device or control equipment required to be fitted to such equipment. pollute or cause or permit to be polluted any soil or surface of any land in contravention of the acceptable conditions specified under section 21. unless licensed.

Restrictions on pollution of inland waters 25. solid or gaseous. pollutants or wastes into any inland waters in contravention of the acceptable conditions specified under section 21. or (c) he causes the temperature of the receiving waters to be raised or lowered by more than the prescribed limits. emit. discharge or deposit wastes into inland waters if— (a) he places any wastes in or on any waters or in a place where it may gain access to any waters. causes or permits any wastes to be placed in such a position. drains. (b) he places any waste in a position where it falls. drain. (1) No person shall. garbage tip. unless licensed. is washed. discharge or deposit any environmentally hazardous substances. evaporates. or (b) he establishes on any land a refuse damp.injection well or otherwise used land for the disposal of or a repository for solid or liquid wastes so as to be obnoxious or offensive to human beings or interfere with underground water or be detrimental to any beneficial use of the soil or the surface of the land. or knowingly or through his negligence. descend. is blown or percolates or is likely to fall. whether directly or indirectly. a person shall be deemed to emit. (3) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable to a fine not exceeding one hundred thousand ringgit or to imprisonment for a period not exceeding five years or to both and to a further fine not exceeding one thousand ringgit a day for every day that the offence is continued after a notice . a person shall be deemed to pollute any soil or surface of any land if— (a) he places in or on any soil or in any place where it may gain access to any soil any matter whether liquid. descends. evaporate or be washed. be blown or percolated into any waters. soil and rock disposal site. sludge deposit site. waste.MBG1223 ASSIGNMENT 6 SANGEETHA A/P ARJINAN (2) Notwithstanding the generality of subsection (1). (2) Without limiting the generality of subsection (1).

The construction cycle do produce large quantities of waste. (b) receive or send. deposit. or (c) transit or cause or permit the transit of scheduled wastes. waste disposal in construction site also considered as an environmental issue. shall be an offence. Apart from the pollution. any act of receiving or sending. In the Environmental Quality Act 1947. or transit of any scheduled wastes with an approval obtained through falsification. etc. or cause or permit to place. Apart from construction period. Some of the materials could not be recycled due to several constraints. there are section about the scheduled waste as follows :Prohibition against placing. (3) For the purpose of this Act. or cause or permit to be received or sent any scheduled wastes in or out of Malaysia. of scheduled wastes 34B. (4) Any person who contravenes this section shall be guilty of an offence and shall be liable to a fine not exceeding five hundred thousand ringgit or to imprisonment for a period not exceeding five years or to both.MBG1223 ASSIGNMENT 6 SANGEETHA A/P ARJINAN by the Director General requiring him to cease the act specified therein has been served upon him. The waste during the construction is the materials which is excessive and needed to be disposed. deposit or dispose of. (2) The Director General may grant the written approval either subject to conditions or unconditionally. (1) No person shall— (a) place. except at prescribed premises only. without any prior written approval of the Director General. deposit or dispose of. . demolition also emits quite a lot of waste which could not be recycled. misrepresentation or fraud or which does not conform in a material way with the relevant documents in such form as may be prescribed. any scheduled wastes on land or into Malaysian waters..

the environmental issues are also governed by The Environmental Quality (Prescribed Activities) (Environmental Impact Assessment) Order 1987 (“EIA Order 1987”). contractor and occupier of prescribed premises : Scheduled wastes transported outside waste generator’s premises to be accompanied by information  Regulation 14  Regulation 15  Regulation 16  Regulation 17 : Soil or accidental discharge : Conduct of training : Compounding of offences : Revocation Other than the said regulations.MBG1223 ASSIGNMENT 6 SANGEETHA A/P ARJINAN Apart from the sections in the Environmental Quality Act 1974. This order is to ensure that an environmental impact assessment (EIA) process conducted for the . The main regulations regarded to waste disposal are as follow : Regulation 1  Regulation 2  Regulation 3  Regulation 4  Regulation 5  Regulation 6  Regulation 7  Regulation 8  Regulation 9  Regulation 10  Regulation 11  Regulation 12  Regulation 13 : Citation and commencement : Interpretation : Notification of the operation of scheduled wastes : Disposal of scheduled waste : Treatment of scheduled wastes : Recovery of material or product forms scheduled waste : Application for special management of scheduled waste : Responsibility of waste generator : Storage of scheduled wastes : Labeling of scheduled wastes : Waste generator shall keep an inventory of scheduled wastes : Information to be provided by waste generator. the disposal of waste are also regulated using the Environmental Quality (Scheduled Waste) Regulations 2005.

Land Reclamation: Coastal reclamation involving an area of 50 hectares or more 3. The EIA process will help the decision makers to access the impact of development toward the environment. Infrastructure: a) Construction of hospitals with outfall into beachfronts used for recreational purposes b) Industrial estate development for medium and heavy industries covering an area of 50 hectares or more c) Construction of expressways d) Construction of national highways d) Construction of new townships 5. According to The Environmental Quality (Prescribed Activities) (Environmental Impact Assessment) Order 1987 (“EIA Order 1987”) Environmental Impact assessment required for the following :1.500 metres or longer).MBG1223 ASSIGNMENT 6 SANGEETHA A/P ARJINAN prescribed activities stated in the order. Petroleum a) Oil and gas field development . 2. b) Airstrip development in state and national parks. Housing: Housing development covering an area of 50 hectares or more 4. Airport: a) Construction of airports (having an airstrip of 2. Ports a) Construction of ports b) Port expansion involving an increase of 50% or more in handling capacity per annum 6.

Power Generation and Transmission a) Construction of steam generated power stations burning fossil fuels and having a capacity of more than 10 megawatts b) Dams and hydro-electric power schemes with either or both of the following : I. silics. handling and storage facilities d) Construction of oil refineries e) Construction of product depots for the storage of petrol. commercial or industrial development. Quarries Proposed quarrying of aggregate.MBG1223 ASSIGNMENT 6 SANGEETHA A/P ARJINAN b) Construction of off-shore and on-shore pipelines in excess of 50 km in length c) Construction of oil and gas separation. reservoirs with a surface area in excess of 400 hectares c) Construction of combined cycle power stations d) Construction of nuclear. permit or approval has been granted for residential. marble and decorative building stone within 3km of any existing residential. 9. processing. Transportation Construction of Mass Rapid Transport projects . limestone. gas or diesel (excluding service stations) which are located within 3km of any commercial.fueled power station 8. or any area for which a licence. commercial or industrial areas. sandstone.000 barrels or more 7. dam over 15 metres high and ancillary structures covering a total area in excess of 40 hectares II. industrial or residential areas and which have a combined storage capacity of 60. quartzite.

recovery / recycling plant. Water Supply a) Construction of dams or impounding reservoirs with a surface area of 200 hectares or more b) Groundwater development for industrial. . Waste Treatment and Disposal a) Toxic and Hazardous Waste Construction of incineration plant. regulations and order. By implementing and following the said act. compositing plant. storage facility (off. recovery plant (off.site) b) Municipal Solid Waste Construction of incineration plant.MBG1223 ASSIGNMENT 6 SANGEETHA A/P ARJINAN 10. hopefully the issues on en environment especially in construction site could be reduced.site). marine outfall 12. secure landfill facility. wastewater treatment plant (off-site). agricultural or urban water supply of greater than 4.500 cubic metres per day. Resort and Recreational Development a) Construction of coastal resort facilities or hotel with more than 80 rooms b) Hill station resort or hotel development covering an area of 50 hectares or more c) Development of tourist or recreational facilities in national parks d) Development of tourist or recreational facilities on islands in surrounding waters which are gazetted as national marine parks 11. municipal solid waste landfill facility c) Municipal Sewage Construction of waste water treatment plant. The above were the environmental issues occur in construction site and the law that governs the issues generally.