LU1c: Legal Aspect of

Environmental Protection
ENVIRONMENTAL
PROTECTION

EIA is an important process in deciding about the final shape of a project. It helps the
project proponent achieve his objective more successfully because:

 A project that has been designed to suit the local environment is more likely to be
completed on time and within budget, and is more likely to avoid difficulties along the
way;

 A project that conserves the natural resources it relies upon will continue to be
sustained by the environment for years to come; and

 A project that yields its benefits without causing serious problems is more likely to
bring credit and recognition to its proponent.
 EIA LAWS AND REQUIREMENTS

Environmental Quality (Amendment) Act 1985

Section 34A of the Environmental Quality (Amendment) Act 1985

requires a person intending to carry out any prescribed activity to
submit a report on the impacts on the environment to the Director
General, Department of Environment, Malaysia for his approval.
The Act was extended to Sabah and Sarawak when the
Environmental Quality (Prescribed Activities) (Environmental
Impact Assessment) Order 1987 came into force on 1 April 1988.
 1
ENVIRONMENTAL QUALITY ACT, 1974
ENVIRONMENTAL QUALITY
(PRESCRIBED ACTIVITIES)
(ENVIRONMENTAL IMPACT
ASSESSMENT) ORDER 1987 2015
 ENVIRONMENTAL QUALTIY (PRESCRIBED
ACTIVITIES)
(ENVIRONMENTAL IMPACT ASSESSMENT)
ORDER 1987*

In exercise of the powers conferred by section 34A of the

Environmental Quality Act 1974, the Minister, after consultation
with the Environmental Quality Council, makes the following
order. Assessment) Order 1987 and shall come into force on the
1st April 1988.

Prescribed activities.
The activities specified in the Schedule are prescribed to be
prescribed activities.
 ENVIRONMENTAL QUALTIY (PRESCRIBED
ACTIVITIES)
(ENVIRONMENTAL IMPACT ASSESSMENT)
ORDER 1987*
Order not applicable to Sabah and Sarawak in certain prescribed
activities.
This Order shall not apply in respect of-
(a) the prescribed activities [except item 7(viii) ] listed in the First
Schedule of the Conservation of Environment (Prescribed
Activities) Order 1999 published under the Second Supplementary
of the Sabah Government Gazette on the 30 August 1999; and

(b) the prescribed activities listed in the First Schedule of the Natural
Resources and Environment (Prescribed Activities) Order 1994
published under Part II of the Sarawak Government Gazette on the 18
August 1994.
 2
Sarawak’s Environmental
Policy
 The Natural Resources and Environment
(Amendment) Ordinance 1993

The Natural Resources and Environment (Amendment)

Ordinance 1993 contains provisions directed towards
safeguarding of the environment particularly in relation to
the sustainable management and utilization of Sarawak’s
natural resources. In order to provide an effective mechanism
for environmental protection, environmental impact
assessment (EIA) needs to be carried out on proposed
development projects likely to have impacts on the
environment.
 The Natural Resources and Environment
(Amendment) Ordinance 1993

The requirement for EIA in the Ordinance is similar to that of

Environmental Quality (Amendment) Act 1985. In Sarawak, a
person intending to carry out any prescribed activity is required
to submit a report on the impacts on the environment to the
Secretary, Natural Resources and Environment Board instead of
to the Director General, Department of Environment except
those prescribed activities such as “AIRPORT” and
“INDUSTRY” which are not listed in the First Schedule of the
Natural Resources and Environment (Prescribed Activities)
Order 1993.
 Natural Resources and Environment
(Prescribed Activities) Order 1993

The Ordinance came into force on 1 February 1994.

It contains provisions directed towards the protection and
enhancement of the environment in Sarawak. It is, therefore,
imperative for EIA to be carried on any activity that is likely
to have impact on the environment.
 Natural Resources and Environment
(Prescribed Activities) Order 1994
Specifically, Section 10 of the Ordinance empowers the Natural
Resources and Environment Board to order in writing any
project proponent or developer to undertake or adopt such
measures, which may be necessary for the conservation of
natural resources or the protection and enhancement of the
environment in his project site.

This means that the project proponent undertaking activities

having impact on the environment and natural resources
MUST CONDUCT an EIA study and submit the EIA report to
the Board.
 Natural Resources and Environment
(Prescribed Activities) Order 1994
Sections 11A (1) of the ordinance empowers the Natural
Resources and Environment Board to make rules and regulations
pertaining to the submission of the reports having impacts on the
environment and natural resources. Consequently, the Natural
Resources and Environment (Prescribed Activities) Order 1994
was made and came into force on 1 September 1994.This means
that, effective from 1 September 1994, EIA reports on prescribed
activities having impacts on the environment must be submitted
to the natural Resources and Environment Board.
 Natural Resources and Environment
(Prescribed Activities) Order 1994
The Order directs any person who intends to undertake any of the
prescribed activities shown in Appendix 2, to carry any out an EIA study
and submit to the Board a report, which is to be prepared by such expert
or authority as may be approved by the Board.

Such report shall contain, inter alia, the following:-

 The potential impact of such activities on the environment and on the
sustainable utilization, management and preservation of the natural
resources; and
 The measures being preventive, mitigating, or abatement to be taken
for the protection and enhancement of the environment.
 3
Sabah’s
Environmental Policy
 EIA LAWS IN
SABAH
EIA in Sabah falls under Conservation of Environment
(Prescribed Activities) Order 1999 made under section 5 of the
Conservation of Environment Enactment 1996.

Sabah Department of Environmental Protection handles EIA.

Any proposed development that are included in the list of

prescribed activities, an EIA report has to be prepared for the
approval of the Director of the Department of Environmental
Protection.
 Environmental Protection Enactment 2002
The Environment Protection Enactment 2002 was enacted in
2002 and came into force on the 3rd January 2006.

Compilation of Subsidiaries Laws

The compilation of subsidiaries laws consist of:

• Environment Protection (Prescribed Activities)

(Environmental Impact Assessment) Order 2005
• Environment Protection (Registration of Environmental
Consultants) Rules 2005
• Environment Protection (Environmental Fees) Rules 2005
• Environment Protection (Compounding of Offences) Rules
 Environmental Protection Enactment 2002
The Environment Protection Enactment 2002 was enacted in
2002 and came into force on the 3rd January 2006.

Compilation of Subsidiaries Laws

The compilation of subsidiaries laws consist of:

• Environment Protection (Prescribed Activities)

(Environmental Impact Assessment) Order 2005
• Environment Protection (Registration of Environmental
Consultants) Rules 2005
• Environment Protection (Environmental Fees) Rules 2005
• Environment Protection (Compounding of Offences) Rules
“The Earth is what we all
have in common.”
—Wendell Berry
 Thank you!

Acknowledge your passion and be proud of it. Because when

there is a passion, there's always a will to do anything and
what lies beneath is always the untiring and unwavering
soul.
 Post-lecture Activity (20 marks)
Instructions:
(1) Select ONE (1) of prescribed activities from the three Orders
(*uploaded on eLEAP). Identify the prescribed activity. (3 marks)

(2) What is the minimum size of the activity that needs EIA? (3 marks)

(3) What are the major potential impacts from the activity? (7 marks)

(4) State the similarities and differences of the selected prescribed activity
among the three Order, and elaborate why? (7 marks)

Submit through eLEAP (Only 1 submission for each group) by Friday,

30/4/2021