Today’s Lesson

Environmental Act
Lesson learning outcome
 At the end of this lesson students should be able to:
 Describe the current environmental issues in Malaysia
 Discuss the salient features of the Malaysian
Environmental Quality Act (EQA), 1974.
 Discuss the need for and procedures of the
Environmental Impact Assessment (EIA).
 Highlight issues relating to environmental problems in
construction.
History of Environmental Management in
Malaysia
 1957-1975: Malaysia is one of the most bio-diverse
regions on earth, with extensive tropical forests.
Agriculture and infrastructure development cause
massive deforestation in the 1960s. Discharge from
industrial and mining operations pollutes water
resources. The government passes the Environment
Quality Act (EQA) in 1974 and establishes the
Department of Environment to enforce it.
 1976-1990: As Malaysia rapidly industrializes, urban
smog during the dry season becomes a climate trait.
Water toxicity and river silting are side effects of rapid
and intense industrialization. Malaysia's population
doubles between 1960 to 1990, straining sewage and
waste management infrastructure.
History of Environmental Management in
Malaysia
 1991-1997: Malaysia plays a prominent role at the 1992
Earth Summit in Rio de Janeiro. Malaysian Prime Minister
leads calls for sustainable development. In 1997 Malaysia
declares a state of emergency as forest fires on Sarawak
blanket dense smog over the region; Prime Minister
appears in public wearing a smog mask. Environmental
concerns force suspension of the Bakun hydroelectric
dam project in Sarawak.
 1998-2003: Malaysia commits to reaching International
Tropical Timber Organization (ITTO) sustainable forest
management goals. In June 1999 the government
declares air pollution figures a national secret. Work
begins anew on the Bakun Dam in 2000. Logging is
barred in Malaysia except in the tropical rainforest areas in
Sabah and Sarawak. The 2001-05 plan makes cleaning
up air pollution a national priority.
Environment Complaints Received, 1994-
2004
Types of Pollution Complaints,2004
The National Environment Policy

 Strategies to propel the country’s growth

trends towards sustainable development
(2002).
 This policy aims at continued:
 Economic, social, and cultural progress of
Malaysia
 Enhancement of the quality of life of its people
The Objectives of The Policy

 A clean, safe, healthy and productive

environment.
 Conservation of the country's unique and
diverse cultural and natural heritage with
effective participation by all sectors of society.
 Lifestyles and patterns of consumption and
production consistent with sustainable
development.
Current Environmental issues in Malaysia

 Air pollution/haze from industrial/vehicular

emissions/forest fire.
 Water pollution
 Solid waste
 Deforestration
Air Pollution

 The major cause of this problem:

 ↑ concentration of ambient ozone levels and
particulate matters from motor vehicles,
 sulphurdioxide from industrial activities
 open burning

 The haze in 2004,2005 and 2006 from trans-

boundary sources became regular occurrences in
parts of the west cost of Peninsular Malaysia and
Sarawak.
Air Pollutant Index (API)
 The API is an indicator of air quality and was developed based on scientific
assessment to indicate in an easily understood manner, the presence of
pollutants and its impact on health.

API Scale Air Quality

0 – 50 Good
51 – 100 Moderate
101 – 200 Unhealthy
201 – 300 Very unhealthy

301 and above Hazardous

HAZE IN MALAYSIA
HAZE IN MALAYSIA
Water Pollution

 Second most important environmental

complaints
 Efforts to reduce and control the discharge of
waste water focused on upgrading existing
and building new sewerage treatment plants.
 Water Pollution

 Sources of water pollution on building sites

include: diesel and oil; paint, solvents, cleaners
and other harmful chemicals; and construction
debris and dirt.
 When land is cleared it causes soil erosion that
leads to silt-bearing run-off and sediment
pollution.
 Silt and soil that runs into natural waterways
turns them turbid, which restricts sunlight
filtration and destroys aquatic life.
Water Pollution
 Surface water run-off also carries other
pollutants from the site, such as diesel and oil,
toxic chemicals, and building materials like
cement.
 When these substances get into waterways they
poison water life and any animal that drinks from
them.
 Pollutants on construction sites can also soak
into the groundwater, a source of human
drinking water. Once contaminated, groundwater
is much more difficult to treat than surface water.
RIVER POLLUTION
 The rivers have become a tourist attraction and this
has prompted the construction of hotels and resorts
around the area.
 As a result, many of the forests surrounding the river
areas have been chopped down.
 The surrounding soil have no roots to hold on to and
soon erode when the rains come.
 The soil runs into the rivers and soon the rivers
become murky and shut out all the sunlight from
reaching the aquatic life in the rivers and streams. 
 This causes them to die.
RIVER POLLUTION
RIVER POLLUTION
RIVER POLLUTION
Solid Waste

 Improper disposal
 Efforts by government to reduce the amount
of solid waste is:
 promote reuse, reduction and recyling(3Rs)
 through National Campaign on Recycling.
RECYCLE DUSTBIN
Noise Pollution
 Construction sites produce a lot of noise,
mainly from vehicles, heavy equipment and
machinery, but also from people shouting and
radios turned up too loud
 Excessive noise is not only annoying and
distracting, but can lead to hearing loss, high
blood pressure, sleep disturbance and
extreme stress.
 SCHEDULE OF PERMISSIBLE SOUND LEVELS
MAXIMUM PERMISSIBLE SOUND LEVEL (LAeq) BY RECEIVING
LAND USE FOR PLANNING
AND NEW DEVELOPMENT

THE PLANNING GUIDELINES FOR

ENVIRONMENTAL NOISE LIMITS AND CONTROL
 MAXIMUM PERMISSIBLE SOUND LEVEL (LAeq) OF NEW
DEVELOPMENT
(ROADS, RAILS, INDUSTRIAL) IN AREAS OF EXISTING
HIGH ENVIRONMENTAL NOISE CLIMATE

L90 is the measured ninety percentile sound level for the respective time period of
the existing areas of interest in the absence of the proposed new development.
Deforestration
 The depletion of Malaysian forests has been caused by:

 logging
 tin mining,
 agricultural conversions
 construction of dams
 irrigation schemes and
 traditional shifting cultivation.

 To protect our forest, the Malaysian Criteria, Indicators,

Activities and Standards of Performance for Forest
Management Certification (MC&I) system was launched in
2001
Measures to Prevent Pollution
 Good construction site practice can help to
control and prevent pollution.
 The first step is to prepare environmental risk
assessments for all construction activities and
materials likely to cause pollution.
Specific measures that can be
taken to mitigate these risks:
 To prevent erosion and run-off, minimise land
disturbance and leave maximum vegetation
cover.
 Control dust through fine water sprays used to
dampen down the site.
 Screen the whole site to stop dust spreading,
or alternatively, place fine mesh screening
close to the dust source.
 Cover skips and trucks loaded with
construction materials and continually damp
down with low levels of water
Specific measures that can be taken
to mitigate these risks:
 Cover piles of building materials like cement,
sand and other powders, regularly inspect for
spillages, and locate them where they will not
be washed into waterways or drainage areas.
 Use non-toxic paints, solvents and other
hazardous materials wherever possible
 Segregate, tightly cover and monitor toxic
substances to prevent spills and possible site
contamination.
 Cover up and protect all drains on site .
Specific measures that can be taken
to mitigate these risks:
 Collect any wastewater generated from site activities
in settlement tanks, screen, discharge the clean
water, and dispose of remaining sludge according to
environmental regulations.
 Use low sulphur diesel oil in all vehicle and equipment
engines, and incorporate the latest specifications of
particulate filters and catalytic converters.
 No burning of materials on site.
 Reduce noise pollution through careful handling of
materials; modern, quiet power tools, equipment and
generators; low impact technologies; and wall
structures as sound shields. .
Number of Court Cases

 Increased through the years.

 On average, > 200 per annum court cases
has been reported since 1994-2004.
 Total fines increased to about RM 2 million in
2004.
Number of Court Cases,1994-2004
Number of Court Cases and Fines
Collected,2004
ENVIRONMENTAL QUALITY ACT (EQA), 1974

 The earliest example of a management was the

Waters Enactment in 1920.
 The legislation did not encourage an integrated
approach to environmental policy.
 Passed by Parliament in 1974, the EQA has been
described as the most comprehensive piece of
legislation concerning environmental management in
Malaysia.
 an agency to control pollution was established. (DOE)
ENVIRONMENTAL QUALITY ACT (EQA),
1974
 EQA is an enabling piece of legislation for preventing,
abating and controlling pollution, and enhancing the
environment, or for other related purposes.
 Pollution, as declared in EQA, includes the direct or
indirect alteration of any quality of the environment or
any part of it by means of a positive act or act of
omission.
ENVIRONMENTAL QUALITY ACT (EQA),
1974
 Pollution is ‘controlled’ through the mechanism of licences
issued by the Department of Environment. The mode of control
is by prescribing, by means of a ministerial regulation, that
licences are mandatory for:
 The use and occupation of prescribed premises;
 Discharging or emitting wastes exceeding acceptable
conditions into the atmosphere, as well as noise
pollution, polluting or causing the pollution of any soil
or surface of any land;
 Emitting, discharging or depositing any wastes or oil, in
excess of acceptable conditions, into inland waters or
Malaysian waters.
ENVIRONMENTAL QUALITY ACT (EQA),
1974
 The provision of "acceptable conditions" is
controversial because the polluter is not liable for
prosecution if the discharge are within those
acceptable conditions, even if the effluents are
sufficient to severely damage the environment
 Most people adversely affected by pollution do not
want to seek legal remedy through common law
because of the prolonged nature of such hearings
and the costs incurred.
The EQA contains specific provisions with respect
to various aspects of the environment include:

 air pollution (section 22)

 noise pollution (section 23)
 pollution on land (section 24)
 pollution of inland waters (section 25)
 pollution caused by oil or mixtures containing
oil in Malaysian waters (section 27), and
 discharge of wastes into Malaysian waters
(section 29).
ENVIRONMENTAL QUALITY ACT (EQA),
1974

 One of the three strategies embodied in EQA,

1974, is for the regulation of pollution.
 The other two strategies are for preventing
and abating any form of pollution.
ENVIRONMENTAL QUALITY ACT (EQA),
1974

 Currently, 35 list of regulations and orders are

enforced by the Department of Environment
under EQA.
 The enforcement agencies are:
 the Department of Environment,
 Health Department,
 Pesticide Board and
 local authorities
LIST OF REGULATIONS AND ORDERS ENFORCED
UNDER THE ENVIRONMENTAL QUALITY ACT, 1974 BY
THE DEPARTMENT OF ENVIRONMENT
LIST OF REGULATIONS AND ORDERS ENFORCED
UNDER THE ENVIRONMENTAL QUALITY ACT, 1974 BY
THE DEPARTMENT OF ENVIRONMENT
LIST OF REGULATIONS AND ORDERS ENFORCED
UNDER THE ENVIRONMENTAL QUALITY ACT, 1974 BY
THE DEPARTMENT OF ENVIRONMENT
LIST OF REGULATIONS AND ORDERS ENFORCED
UNDER THE ENVIRONMENTAL QUALITY ACT, 1974 BY
THE DEPARTMENT OF ENVIRONMENT
LIST OF REGULATIONS AND ORDERS ENFORCED
UNDER THE ENVIRONMENTAL QUALITY ACT, 1974 BY
THE DEPARTMENT OF ENVIRONMENT
 Environmental Impact Assessment
(EIA)
 In Malaysia, EIA is required under section
34A of the Environmental Quality Act, 1974
(Amendment 1985).
 In exercising the powers conferred by section
34A of the Act, the Minister of Environment,
after consultation with the Environmental
Quality Council, makes an order cited as the
Environmental Quality (Prescribed Activities)
(Environmental Impact Assessment) Order,
1987, which came into force on 1 April 1988.
The objectives of EIA
 To examine and select the best from the
project options available;
 To identify, predict and assess significant
residual environmental impacts;
 To recommend and incorporate into the
project plan, appropriate abatement and
mitigating measures; and
 To identify the environmental costs and
benefits of the project to the community.
 Environmental Impact Assessment
(EIA)
 Steps to be taken in completing and EIA
 (a) Describe the proposed subject as well as the
options;
 (b) Describe the existing environment;
 (c) Select the impact indicators to be used;
 (d) Predict the nature and extent of the environmental
effects;
 (e) Identify the relevant human concerns;
 (f) Assess the significance of the impacts;
 (g) Incorporate appropriate mitigating and abatement
measures into the project plan;
 (h) Identify the environmental costs and benefits of the
project to the community;
 (i) Report on the assessment.
 LIST OF PRESCRIBED ACTIVITIES
[EXTRACT FROM THE ENVIRONMENTAL QUALITY
(PRESCRIBED ACTIVITIES)
(ENVIRONMENTAL IMPACT ASSESSMENT) ORDER 1987]

 1. Agriculture
 2. Airport
 3. Drainage And Irrigation
 4. Land Reclamation
 5. Fisheries
 6. Forestry
 7. Housing
 8. Industry
 9. Infrastructure
 10. Ports
 LIST OF PRESCRIBED ACTIVITIES
[EXTRACT FROM THE ENVIRONMENTAL QUALITY
(PRESCRIBED ACTIVITIES)
(ENVIRONMENTAL IMPACT ASSESSMENT) ORDER 1987]
 11. Mining
 12. Petroleum
 13. Power Generation And Transmission
 14. Quarries
 15. Railways
 16. Transportation
 17. Resort And Recreational Development
 18. Waste Treatment And Disposal
 19. Water Supply
LIST OF PRESCRIBED ACTIVITIES WHICH
REQUIRE DETAILED EIA PROCEDURES
 1. Iron and steel industry.
 2. Pulp and paper mills.
 3. Cement plant.
 4. Construction of coal fired power plant.
 5. Construction of dams and hydroelectric power
schemes.
 6. Land reclamation.
 7. Incineration plant (scheduled waste & solid waste).
 8. Sanitary landfill.
 9. Project involving land clearing where 50% of the
area or more having slopes exceeding 25 degrees
(except quarry).
LIST OF PRESCRIBED ACTIVITIES WHICH
REQUIRE DETAILED EIA PROCEDURES

 10. Logging involving an area exceeding 500

hectares.
 11. Development of tourist or recreational facilities on
islands in surrounding waters which are gazetted as
national marine parks.
 12. Construction of recovery plant (off-site) for lead-
acid battery wastes.
 13. Scheduled wastes recovery or treatment facility
generating significant amount of wastewater which is
located upstream of public water supply intake .
SITE SUITABILITY EVALUATION
FOR NON-PRESCRIBED ACTIVITIES

 In considering the suitability, the site is evaluated in

terms of its compatibility with respect to the gazetted
structure/local plans, surrounding landuse, provision
of set-backs or buffer zones, the capacity of the area
to receive additional pollution load, and waste
disposal requirements.
 For potentially hazardous* type of industries, the
project proponent may be required to submit a RISK
ASSESSMENT to the Department of Environment as
part of the site consideration.
LICENCE TO OCCUPY PRESCRIBED
PREMISES AND PRESCRIBED
CONVEYANCES

 A licence is required to occupy and operate

prescribed premises, namely as below:
 (a) crude palm oil mills,
 (b) raw natural rubber processing mills, and
 (c) treatment and disposal facilities of
scheduled wastes
LICENCE TO OCCUPY PRESCRIBED
PREMISES AND PRESCRIBED
CONVEYANCES
 Starting from 15 August 2005, licence is required to use
prescribed conveyances as stipulated in the
Environmental Quality (Prescribed Conveyance)
(Scheduled Wastes) Order 2005. Conveyance which is
categorized as prescribed conveyance namely:
 Any vehicle or ship of any description which is
 (a) propelled by a mechanism contained within itself;
 (b) constructed or adapted to be used on land or water;
and
 (c) used for the movement, transfer, placement or
deposit of scheduled wastes.
APPLICATION PROCEDURE FOR
ENVIRONMENTAL REQUIREMENTS
IN MALAYSIA
Department of Environment (DOE)
Head Office

Director General
Department of Environment
Level 1-4, Podium 2 & 3
Lot 4G3, Precinct 4
Federal Government Administrative Centre
62547 PUTRAJAYA
Tel: 03-88712000
Fax: 03-88889987
Web site: www.doe.gov.my