Faculty of Civil Engineering & Built Environment

ENVIRONMENTAL
ENGINEERING
BFC 32403

CHAPTER 3
ENVIRONMENTAL IMPACT ASSESSMENT (EIA ) AND
ENVIRONMENTAL MANAGEMENT PLAN (EMP)
 Chapter 3:
ENVIRONMENTAL IMPACT ASSESSMENT (EIA ) AND ENVIRONMENTAL MANAGEMENT PLAN (EMP)

Topics: (6 hours lecture)

3.1 Importance of EIA
3.2 EIA Objectives
3.3 Types of EIA
3.4 EIA Guideline
3.5 Environmental Management Plan (EMP)
3.6 Principles of EMP
3.7 EMP Guideline
3.8 Environmental Requirements
 3.1 IMPORTANCE OF EIA

ORIGIN OF EIA

EIA as a legal tool starts in the last day of 1969, when NEPA
(National Environment Policy Act) came into force in USA.
Introduced in the USA as its beginning, several countries have
followed and applied EIA systemsIt is preventive process.
The National Environment Policy Act (1969) of USA (NEPA) was
constituted , thus EIA requiring environmental consideration in
large-scale projects was enforced as legislation.
EIA of development projects has been practiced in Malaysia for
over 30 years.
EIA legislation was enforced in the year 1988 in
Malaysia.
 3.1 IMPORTANCE OF EIA

DEFINITION OF 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.
 3.1 IMPORTANCE OF EIA

ROLES AND RESPONSIBILITIES

a) Department of Environment
b) Project Initiator
c) EIA Consultant / Assessor
d) Review Panel
e) The Environment Related Agencies
f) The Public
g) The Approving Authority
 3.2 OBJECTIVES OF EIA

Main aim of undertaking an EIA for a project is to ensure

that the project is planned adequately therefore
environmental impacts are minimized.
This is achieved by:
 Evaluating various projects options
 Identifying all possible environmental impact
 Formulating appropriate mitigation measures
 developing monitoring program

EIA is a process rather than a one-off assessment event.

 3.2 OBJECTIVES OF EIA (CONT’)

EIA is a primarily a project planning tool. It is not meant

for policy or programme planning.

Main aim of the project of the EIA Report is to document

the EIA and the project planning process in a form that
will enable the Approving Authority to make appropriate
decisions.
 3.3 TYPES OF EIA

There are two types of EIA procedures (Prescribe

Activities) used by DOE, namely the First Schedule and
Second Schedule

• Prescribe activities fall under first schedule require NO

PUBLIC DISPLAY and PUBLIC COMMENT, while activities fall
under second schedule REQUIRE both PUBLIC DISPLAY and
PUBLIC COMMENT.
 3.3 TYPES OF EIA
PRESCRIBED ACTIVITIES (FIRST
SCHEDULE)
1.AGRICULTURE
(a)Land development schemes covering area of 20 hectares or more but must less than 500 hectares
(bring forest into agricultural production
(b)Development of agricultural estates covering area of 500 hectares or more involving changes in
types of agriculture use

2. AERODROME
Expansion of an aerodrome involving a runway of 1,000 metres or longer.

3. DRAINAGE AND IRRIGATION

a) Construction of man-made lakes and enlargement of artificial lakes with surface areas of 100
hectares or more.
(b) Irrigation schemes covering an area of 500 hectares or more.

4. FISHERIES
Land based aquaculture projects accompanied by clearing of mangrove forest, peat swamp forest or
fresh water swamp forest covering an area of 20 hectares or more but less than 50 hectares.
 3.3 TYPES OF EIA
PRESCRIBED ACTIVITIES (FIRST
5. FORESTRY SCHEDULE)

(a) Conversion of forest at 300 meters or more above mean sea level to other land use
covering an area of 20 hectares or more but less than 100 hectares.

(b) Logging, or cutting or taking of timber for the purpose of conversion from forest to
other land use covering an area of 100 hectares or more but less than 500 hectares.

(c) Logging, or cutting or taking of timber from forest at less than 300 meters above mean
sea level covering an area of 100 hectares or more, outside permanent reserved forest.

(d) Conversion of an area of:

(i) Mangrove forest; (ii) Peat swamp forest; or
(iii) Fresh water swamp forest, for industrial, housing or agricultural use covering an area of
20 hectares or more but less than 50 hectares.

(e) Development of planted forest covering an area of 100 hectares or more but less than
500 hectares. T
 3.3 TYPES OF EIA
PRESCRIBED ACTIVITIES (FIRST
SCHEDULE)
6. INDUSTRY

(a) Chemical: Production capacity of each product or combined products of 100 tonnes
or more per day.

(b) Cement: Cement grinding plant with cement production capacity of 200 tonnes or
more per day.

(c) Lime: Production of 100 tonnes or more per day of burnt lime using rotary kiln or 50
tonnes or more per day of burnt lime using vertical kiln.

(d) Petrochemicals: Production capacity of each product or combined product of less

than 50 tonnes per day.

(e) Shipyards: Dead weight tonnage of 5,000 tonnes or more.

 3.3 TYPES OF EIA
PRESCRIBED ACTIVITIES (FIRST
SCHEDULE)
7. LAND RECLAMATION

Coastal reclamation or land reclamation along river banks involving an area of less than
50 hectares

8. MINING

(a) Ore processing outside mineral tenement area, including concentrating of aluminium,
copper, gold, iron, tantalum or rare earth element.

(b) Sand mining on land or river or in coastal area or in territorial waters not exceeding 3
nautical miles measured from the low-water line, involving an area of 20 hectares or
more.

(c) Sand mining in continental shelf area

 3.3 TYPES OF EIA
PRESCRIBED ACTIVITIES (FIRST
SCHEDULE)
9. PETROLEUM

(a)Development of— oil field; gas field; or oil and gas field.

(b) Construction of 30 kilometers or more in length of— off-shore pipelines; on-shore

pipelines; or off-shore pipelines and on-shore pipelines.

(c) Construction of— oil separation, processing, handling and storage facilities; gas
separation, processing, handling and storage facilities; or oil and gas separation,
processing, handling and storage facilities.

(d) Construction of product depot for the storage of petrol, gas or diesel which has the
combined storage capacity of 60,000 barrels or more (excluding service station) within
3 kilometres from any commercial, industrial or residential area.
 3.3 TYPES OF EIA
PRESCRIBED ACTIVITIES (FIRST
SCHEDULE)
10. PORTS

(a)Expansion of port involving an increase of 50 percent or more in handling capacity per

annum.

(b) Expansion of fishing port involving an increase of 50 percent or more in fish landing
capacity per annum.

11. POWER GENERATION AND TRANSMISSION

(c)Construction of steam generated power station using fossil fuels (other than coal) and
having the capacity of 10 megawatts or more, with or without transmission line.

(b) Construction of combined cycle power station, with or without transmission line.

(c) Construction of transmission line in environmentally sensitive area.

 3.3 TYPES OF EIA
PRESCRIBED ACTIVITIES (FIRST
SCHEDULE)
12. DEVELOPMENT IN COASTAL AND HILL AREA

(a) Construction of building or facilities with 80 rooms or more in coastal area.

(b) Construction of hill-station resort or hotel at 300 meters or more above mean sea level covering an area of 20
hectares or more.

13. DEVELOPMENT IN SLOPE AREA

Development or land clearing less than 50 per cent of an area with slope greater than or equal to 250 but less than 350.

14. WASTE TREATMENT AND DISPOSAL

(a)Scheduled waste: (i) Construction of recovery plant (off-site). (ii) Construction of wastewater treatment plant (off-site).
(iii) Construction of storage facility (off-site).

(b)Solid waste: (i) Construction of composting plant. (ii) Construction of recovery plant or recycling plant.

(c)Sewage: (i) Construction of sewage treatment plant with 20,000 population equivalent or more. (ii) Sludge treatment
facilities.
 3.3 TYPES OF EIA
PRESCRIBED ACTIVITIES (FIRST
SCHEDULE)
15. DREDGING

(a) Capital dredging.

(b) Disposal of waste dredged materials.

16. HOUSING

Housing development covering an area of 50 hectares or more.

17. INDUSTRIAL ESTATE DEVELOPMENT

Development of industrial estate covering an area of 20 hectares or more.

18. NEW TOWNSHIP

Construction of new township consisting of 2,000 housing accommodation units or more or covering an
area of 100 hectares or more.
 3.3 TYPES OF EIA
PRESCRIBED ACTIVITIES (FIRST
SCHEDULE)
19. QUARRY

Quarrying of rock material.

20. ROAD

(a)Construction of expressways.

(b) Construction of highways.

(c) Construction of road, tunnel or bridge traversing or adjacent or near to environmentally

sensitive areas.

21. WATER SUPPLY

Groundwater development for industrial, agricultural or urban water supply of 4,500 cubic
metres or more per day.
 3.3 TYPES OF EIA
PRESCRIBED ACTIVITIES (SECOND
SCHEDULE)
1. AGRICULTURE
(a) Land development schemes covering an area of 500 hectares or more to bring forest into
agricultural production.
(b) New pig farming area of 2,000 or more standing pig population.

• 2. AERODROME
(a) Construction of a new aerodrome involving a runway of 1,000 meters or longer.
(b) Construction of aerodrome in or adjacent or near to any state park, national park,
national marine park, island surrounding marine park or environmentally sensitive area .

• 3. DRAINAGE AND IRRIGATION

(a) Construction of man-made lakes and artificial enlargement of lakes with surface areas of 50 hectares
or more in or adjacent or near to environmentally sensitive area.
(b) Any drainage of wetland, wild-life habitat or of dry inland forest covering an area of 20 hectares or
more.

• 4. FISHERIES
Land based aquaculture projects accompanied by clearing of mangrove forest, peat swamp forest or fresh
water swamp forest covering an area of 50 hectares or more.
 3.3 TYPES OF EIA
PRESCRIBED ACTIVITIES (SECOND
5. FORESTRY
SCHEDULE)
(a) Conversion of forest at 300 meters or more above mean sea level to other land use covering an
area of 100 hectares or more
(b) Logging or conversion of forest to other land use within— (i) a catchment area of reservoirs used
for municipal water supply, irrigation or hydro-power; (ii) an area adjacent or near to any state
park, national park or national marine park; (iii) any state park, national park or national marine
park; or (iv) an area gazetted as water catchment forest under the National Forestry Act 1984 [Act
313].
(c) Logging, or cutting or taking of timber from forest at 300 meters or more above mean sea level
covering an area of 100 hectares or more, outside permanent reserved forest.
(d) Logging, or cutting or taking of timber covering an area of 500 hectares or more.
(e) Development of planted forest covering an area of 500 hectares or more.
(f) Conversion of an area of— (i) mangrove forest; (ii) peat swamp forest; or (iii) fresh water swamp
forest, for industrial, housing or agricultural use covering an area of 50 hectares or more.
(g) Clearing of mangrove forest, peat swamp forest or fresh water swamp forest on islands adjacent
to any national marine park.
 3.3 TYPES OF EIA
PRESCRIBED ACTIVITIES (SECOND
SCHEDULE)
6. INDUSTRY
a) Non-ferrous: (i) Primary smelting aluminium (all sizes). (ii) Primary smelting copper (all
sizes). (iii) Primary smelting other non-ferrous (producing 50 tonnes product or more
per day).
b) Cement: With clinker production capacity of 30 tonnes or more per hour.
c) Iron and steel: (i) Using iron ore as raw materials for production of 100 tonnes or more
per day. (ii) Using scrap iron as raw materials for production of 200 tonnes or more
per day.
d) Petrochemicals: Production capacity of each product or combined product of 50
tonnes or more per day.
e) Pulp, or pulp and paper: Production capacity of 50 tonnes or more per day.
f) Recycle paper industry: Production capacity of 50 tonnes or more per day.
 3.3 TYPES OF EIA
PRESCRIBED ACTIVITIES (SECOND
SCHEDULE)
7. LAND RECLAMATION
(a) Coastal reclamation or land reclamation along river banks involving an area of 50
hectares or more.
(b) Coastal reclamation or land reclamation along river banks within or adjacent or near to
environmentally sensitive areas.
(c) Reclamation for man-made island.
8. MINING
(d) Mining of minerals in new areas involving large scale operation.
(e) Mining of minerals within or adjacent or near to environmentally sensitive area.

9. PETROLEUM

(f) Construction of oil refineries.

(g) Construction of gas refineries.
(h) Construction of oil and gas refineries.
 3.3 TYPES OF EIA
PRESCRIBED ACTIVITIES (SECOND
SCHEDULE)
10. PORTS
(a) Construction of a new port. (b) Construction of a new fishing port.

11. POWER GENERATION AND TRANSMISSION

(b) Construction of coal fired power station and having the capacity of 10 megawatts or
more with or without transmission line.
(c) Construction of nuclear-fuel power station with or without transmission line.

12. DEVELOPMENT IN COASTAL AREA, NATIONAL PARK AND STATE PARK

Development of tourist facilities, recreational facilities or other facilities—
(d) in any national park or state park; or

(e) on any island in surrounding waters which has been gazetted as a national marine
park or marine reserve under the Fisheries Act 1985 [Act 317].
 3.3 TYPES OF EIA
PRESCRIBED ACTIVITIES (SECOND
SCHEDULE)
13. DEVELOPMENT IN SLOPE AREA
(a) Development or land clearing of 50 per cent or more of an area with slope greater than
or equal to 25° but lesser than 35°.
(b) Construction of road, tunnel or bridge traversing an area with slope greater than or
equal to 35°.

14. WASTE TREATMENT AND DISPOSAL

(c) Scheduled waste: (i) Construction of thermal treatment plant. (ii) Construction of off-site
recovery plant for lead acid battery wastes. (iii) Construction of off-site recovery plant or
treatment facility that generates significant amount of wastewater which is located at
the upstream of public water supply intake. (iv) Construction of secure landfill facility.
(d) Solid waste: (i) Construction of thermal treatment plant. (ii) Construction of sanitary
landfill facility. (iii) Construction of transfer station.
 3.3 TYPES OF EIA
PRESCRIBED ACTIVITIES (SECOND
SCHEDULE)
15. CONSTRUCTION OF DAM
(a) Construction of dam or impounding reservoir for the purpose of irrigation, flood
mitigation, control of siltation, recreational, water supply or any other reason with
a surface area of 100 hectares or more.
(b) Dam and hydro-electric power scheme with either or both of the following: (i)
dam of 15 metres or more in height and ancillary structures covering a total area
of 40 hectares or more; (ii) reservoir with a surface area of 100 hectares or more.

16. TRANSPORTATION
(c) Construction of new routes or branch line for a mass rapid transport project.
(d) Construction of new railway route or railway branch lines.

17. RADIOACTIVE MATERIALS AND RADIOACTIVE WASTE

Any activity specified in this Schedule and the First Schedule using radioactive
materials and generating radioactive wastes.
 Assessment of significant impacts, identification of
mitigation needs, input to cost/benefit analysis

Environmental
Feasibility
screening, site Detailed design of
selection, mitigation
project options, measures,
Design and
scoping of Pre-Feasibility preparation of
significant issue Engineering environmental
management plan

Project Implementatio Implementation of

Concept n mitigation
measures and
management plan

Monitoring
and Evaluation

Environmental monitoring and auditing,

lesson for future projects
 3.4 EIA GUIDELINES

 Provide guidance to project proponents, qualified persons and other EIA

related practitioners in the preparation and submission of EIA report.

 3 main stages of EIA report preparation guidelines :

a. PRE- EIA report submission.
b. DURING- EIA report submission.
c. POST-EIA report submission.

 EIA must be conducted according to the guidelines. Failure in adhering to the

guidelines could results in delays in processing the EIA or even outright
rejection.
 3.4 EIA GUIDELINES
PRE- EIA SUBMISSION STAGE
1. Screening
 The project proponent/ qualified person shall carry out screening process to determine whether a
proposed project is a prescribed activity under Environmental Impact Assessment Order, 2015.
 The EIA consultant needs to determine which schedule the proposed project falls under .

2. Scoping and Terms of Reference

 Scoping identify the impacts of specific projects on the environment.
 EIA Consultant prepares an Environmental Scoping Information (ESI) that determines the proposed Terms
of Reference (TOR) for the EIA.

3. Site Suitability Assessment

 The EIA Consultant shall perform site suitability assessment (SSA) by comparing the proposed project (its
location and type of development) with the approved development.
 3.4 EIA GUIDELINES

PRE- EIA SUBMISSION STAGE

4. Baseline conditions
• Affected environment shall be identified and described.
• The methods used and investigation undertaken for this purpose shall be discussed and clearly indicated
and shall be appropriate to the size and complexity of the assessment tasks.
• Uncertainties encountered in the studies shall also be indicated.
• Land use plans for the proposed project site shall be consulted and other data collected as necessary to
assist in the determination of the baseline conditions.
5. Impact Assesement methodology
• assess the environmental impacts shall be identified for a particular EIA study and the rationale for the
choice of methodologies shall be discussed
6. Specifications and format of EIA report
• ensure quality control of the EIA Report is performed before the EIA Report is submitted to the DOE.
• Internal quality check will ensure that all relevant and pertinent tasks have been performed satisfactorily
and no important tasks left incomplete.
• Report which did not fulfill the guideline may lead to rejection or delay in decision making on the Report.
 3.4 EIA GUIDELINES
DURING - EIA SUBMISSION STAGE

1. Submission of EIA Report.

• Prescribed activities of first schedule are to be submitted to the DOE state
offices.
• Prescribed activities of second schedule are to be submitted to the DOE
headquarters.

2. EIA Review Process

• Assess the adequacy and completeness of the EIA Report to ensure it meets the
scope of work required of the EIA.
 3.4 EIA GUIDELINES
POST- EIA SUBMISSION STAGE

1. Preparation and submission of environmental management plan (EMP)

• identify actions required to be executed in order to implement the P2M2s or comply with the
COAs.
• Consultant shall compute an estimated cost to be incurred for each of the executable actions.

• brief the Project Proponent (PP) on the executable actions to be undertaken and the cost
implication.

2. Preparation of Land Disturbing Pollution Prevention and Mitigation Measures (LD-

P2M2)
• The document of LD- P2M2 should be prepared, contain narrative description, schedule of
construction (land disturbing) activities, LD-P2M2 Plan and construction notes, and method
statement.
• Supervising the implementation of the LD-P2M2 that includes the installation, inspection and
maintenance as well as in preparing the required documentation and reports .
 3.4 EIA GUIDELINES
EIA GUIDANCE DOCUMENT

Guidance documents that can be downloaded from

DOE’s website (www.doe.gov.my):
Sand Mining/ Dredging
Housing Development
Coastal Reclamation
Construction of Schedule Wastes Recovery Plant
(Off-site)
Establishment of Industries Located Within Gazetted
and EIA Approved Industrial Sites
 3.4 EIA GUIDELINES
EIA GUIDANCE DOCUMENT

Other guidelines produced by other agencies to help in

the conduct of EIA are:
National Physical Plan (Ministry of Housing & Local Government)
EIA Guidelines for Harvesting of Natural Forest( Forest Research
Institute of Malaysia)
Guidelines for The Environmental Impact Assessment of
Highway/Road Projects (Public Works Department, Malaysia)
Urban Drainage Standards and Procedures for Peninsular Malaysia
(Department of Irrigation and Drainage)
Urban Stormwater Management Manual For Malaysia (MASMA)
(Department of Irrigation and Drainage)
 3.4 EIA GUIDELINES
EIA GUIDANCE DOCUMENT

(cont’d)
Planning Guidelines for the Preservation of Natural Topography
in Physical Planning and Development in accordance with the
Town and Country Planning Act, 1976 (Act 1972) (Federal
Department of Town and Country Planning).
Guidelines for Highland Development (Ministry of Housing &
Local Government)
Guidelines on Erosion Control For Development Projects in the
Coastal Zones 1/97 (Department of Irrigation and Drainage)
Guidelines for Preparation of Coastal Engineering Hydraulic
Study and Impact Evaluation
 3.4 EIA GUIDELINES

ADMINISTRATIVE/ VOLUNTARY
EIA
There are often cases where EIA reports are submitted
for non-prescribed activities

i. Voluntary EIA – voluntary submissions as part of

corporate social responsibility (Voluntary EIA)
ii. Administrative EIA – due to request by government
agencies such as the Local Authority, other federal
government agencies or state government agencies.
 3.4 EIA GUIDELINES

ADMINISTRATIVE/ VOLUNTARY
EIA
Will be processed as first schedule EIAs
Same review process
Must adhere to all DOE’s requirements
including the use of registered consultants.
e.g: sand mining within area under the
Continental Shelf Act 1966, and highland
development in area classified as Class III under
the Guidelines for Highland Development
 ADMINISTRATIVE
PROCEDURES
FOR SECOND SCHEDULE
EIA
 3.4 EIA GUIDELINES
ADMINISTRATIVE PROCEDURES FOR SECOND
SCHEDULE EIA

Terms Of Reference
For projects which have been determined by
the DOE to go through the Detailed EIA
procedure, the Project Initiator must submit the
Terms of Reference (TOR) in accordance to the
format prescribed by the DOE.

This is a vital step in the Detailed EIA procedure.

 3.4 EIA GUIDELINES

ADMINISTRATIVE PROCEDURES FOR SECOND

SCHEDULE EIA
Terms Of Reference

Key aspect during the TOR process is to ensure the

EIA is at the appropriate level of detail,
corresponding with the scale and significance of the
proposed activity.
35 copies of the TOR must be submitted to the DOE
Headquarters, accompanied by a cover letter,
signed by the Project Initiator’s letterhead.
 3.4 EIA GUIDELINES
CONTENT OF TERMS OF REFERENCE FOR SECOND
SCHEDULE EIA
Content of TOR for Second Schedule Report from Annex 2, General Guidance on Preparation of TOR For Second Schedule Report

1. Project Proponent
Include project details (complete address, phone and fax numbers) of the appropriate and responsible person(s) to whom enquiries regarding EIA should be
directed.
 
2. List Of Consultant / Study Team
Details of each individual (must be registered with DOE who will carry out the EIA study, which include:
DOE registration number
Academic background
Experience
Area of Study
Declaration (signatures)
(The EIA consultant team is to be lead by a Team Leader who is responsible for the EIA report, include contact details (complete address, phone and fax numbers)
of the appropriate and responsible person(s) to whom enquiries regarding EIA should be directed.
 
3. Statement Need
The statement need for a project should be clearly established early in the project planning. The basis and rational for the proposal would reflect the objective of a
project and provide direction during planning. A statement of need also highlights the various benefits of the proposed project.
 
4. Project Description And Need
The project concept must not contradict any development plan, policies or decisions of the Government of Malaysia. A description of the project must be given,
including a description of the project option including:
Clear description of the process, concept, project size, project component, process technologies and development phases including future phases.
Clear, colored and readable maps, diagrams and photograph sufficient to enable panel reviewers to clearly understand the nature of the project and the location
of all the project components. The location maps should include general location, specific location, project boundaries and project site/layout plan.
A clear and readable flow chart of the process production and explanation on the process including criteria involved and the maximum capacity, for industrial-
based projects.
 
5. Project Options
A brief discussion on the project options of how the reasonable options were selected and provide the basis for the elimination or options determined to be not
reasonable.
 
6. Description of Existing Environment
The description of the Existing Environment
The conditions of the psycho-chemical, biological and human environmental prior to implementation of the project.
The spatial boundaries within which the environment has been considered
Environmental sensitive areas of special or unique scientific, socio economic or cultural value that may be affected by the proposed project. The area to be
studied (zone of impact) will invariably need to extend beyond the immediate project boundaries as ecological effects can be fairly widespread.
 CONTENT OF TERMS OF REFERENCE FOR SECOND SCHEDULE EIA
7. Baseline Information On The Proposal Location should identify as appropriate:
Outline the sampling methodologies, sampling locations, monitoring stations and sampling parameters in the collection of
baseline information REPORT
 
8. Project Location And Existing Land Use
The location of the project must be in accordance to the Guidelines on Sitting and Zoning for Industries published by DOE;
development plans such as the National Physical Plan, Structural Plan and Local Plan; and other relevant guidelines or
requirements from other agencies. Description of the project location shall include:
Exact location of proposed with clear coordinates
Existing land use and constraints
Distance of the proposed projects site to any environmentally sensitive receptors and areas.
Macro scale maps (1:50000 & 1:25000), plans, photographs or satellite images, clearly identifying the location of the proposed
project location.
The land use map must be clear, readable and in colored form. An update satellite image to indicate the recent existing
environment may be used. The coverage of the land use map must be at least within 5 Km radius (interval of 250m). For large
scale project such as the construction of dams or impounding reservoirs, the coverage of the land use map may be beyond 5 km
radius depending on the catchment area.
Other types of map to be produced in the TOR to describe the existing environment depend on the key and critical issue of the
proposed project. They are cadastral map, topography and geological map, bathymetry map, hydrological map, coral population
map and etc.

9. Potentially Significant Impacts

Based on the critical issue of the proposed project, briefly describe the potential significant impacts to be studied and criteria
that may be used for impact analysis
Outline the methodologies on the impact analysis/assessment

10. Mitigation And Abatement Measures

Based on the prediction of the impacts to be studied, define the areas of the proposed project activities to be focused when
discussing mitigation and abatement measures stages:
Pre-construction (including feasibility studies and design)
Construction; and
Post-construction (including operation and maintenance)

11. Environment Impacts

Which may remain after mitigating measures have been applied (long term effects) to be studied in the EIA

12. Environmental Management Plan

Briefly describe the components to be addressed in the Environmental Management Plan
 3.4 EIA GUIDELINES
ADMINISTRATIVE PROCEDURES FOR SECOND
SCHEDULE EIA
Presentation
All TORs will have to be presented to the DEIA
Review Panel. The EIA Team Leader is expected to
the lead the presentation. The attendance by
members of the EIA Team and the Project Initiator
at this meeting is mandatory.
 3.4 EIA GUIDELINES
ADMINISTRATIVE PROCEDURES FOR SECOND
SCHEDULE EIA
Submission of Second Schedule EIA Report
50 copies of EIA Report must be submitted to the DOE
Headquarters. The report should be accompanied by
a cover letter, signed by Project Initiator using the
Project Initiator’s letterhead.
DOE may request additional copies of the report. This
request will conveyed by the Desk Officer to the
Project Initiator or the Consultant.
5 copies to be sent to DOE HQ, remaining 45 copies
be distributed by Project Initiator .
 3.4 EIA GUIDELINES
ADMINISTRATIVE PROCEDURES FOR SECOND
SCHEDULE EIA

Advertisement
Advertisement for TOR only required for some projects (DOE will
notify)
Project Initiator will announce in the newspapers that the second
schedule EIA report is available for public to comment.
Advertisements in 2 newspapers for 3 days (a total of 6 advertisements).
(format)(English &BM). A copy of the advertisement must be sent to
DOE HQ for approval prior to placement in the newspapers.
*For projects in Sabah and Sarawak, the advertisement must be places
in at least one regional newspaper (additional).
 3.4 EIA GUIDELINES
ADMINISTRATIVE PROCEDURES FOR SECOND
SCHEDULE EIA
Reports for sale
Project Initiator/consultant must make the second
schedule EIA report available to the public to purchase.
Keeping the report price low is therefore important
Both hard copies and soft copies(pdf) must be made
available for purchase. For the hard copy, the sales price
must be equivalent to its printing cost. For the soft copy,
maximum selling price shall be RM 50 per CD.
 3.4 EIA GUIDELINES

ADMINISTRATIVE PROCEDURES FOR SECOND

SCHEDULE EIA
Softcopy of Executive Summary
A Softcopy of the Executive Summary must be submitted
to the DOE Headquarters together with the EIA Report.
The Executive Summary will be displayed on DOE’s
website from the time of submission of the second
schedule EIA report to the date of approval/rejection.
Executive Summary (stand alone document) must be
accompanied with project location, the process flow for
industries.
 3.4 EIA GUIDELINES
ADMINISTRATIVE PROCEDURES FOR SECOND
SCHEDULE EIA
Presentation of second schedule EIA:
All second schedule EIAs will have to present to the
review panel
The EIA Team Leader is expected to lead the
presentation :with other key consultants
All members of the EIA are expected to be present at
the meeting. The attendance by the Project Initiator is
mandatory. DOE Secretariat must be informed (by the
consultant himself) before the meeting if he is unable
to attend.
Presentation shall focus on the key issues
 3.4 EIA GUIDELINES
ADMINISTRATIVE PROCEDURES FOR SECOND
SCHEDULE EIA
Review of second schedule EIA:
Review of second schedule EIA is carried out at the
DOE Headquarters.
Report processing is headed by the Director General
of Environmental Quality. He/she is assisted by the
Director of Assessment Division
Second schedule EIA Review panel is established on
an ad-hoc basic specifically for a particular project.
The panel comprises of specialists, representative of
stakeholders and NGOs
 3.4 EIA GUIDELINES
ADMINISTRATIVE PROCEDURES FOR SECOND
SCHEDULE EIA
Display of second schedule EIA Report:
Second schedule EIA reports are displayed at all
Departmental of Environmental state offices, public
libraries and the relevant local authority office for public
comments.
Public is notified through the mass media and the DOE’s
website as to when and where the second schedule EIA
Reports are available for review and comment.
Recommendations from EIA Consultants for appropriate
display location is welcomed.
 3.4 EIA GUIDELINES

ADMINISTRATIVE PROCEDURES FOR SECOND

SCHEDULE EIA
Comment from Public:
Project Initiator and consultant are expected to respond
to all the written comments received from the public.
Response can be submitted together with the response to
queries raised by the Review Panel.
Project Initiator may also choose to respond directly to
the public but copies must also be sent to the DOE.
 3.4 EIA GUIDELINES
ADMINISTRATIVE PROCEDURES FOR SECOND
SCHEDULE EIA
Time for approval:
If all the documents are in order, DOE will give its
decision on the second schedule EIA Report within 3
months from the date of submission (DOE’s Client
Charter).
Additional information required has to be submitted to
DOE within 2 weeks from the date of the review meeting.
Failure of submission at the end of the 2 weeks will result
the first schedule EIA to be rejected by default.
A new submission is then required and the review
processes are repeated
 3.4 EIA GUIDELINES
ADMINISTRATIVE PROCEDURES FOR SECOND
SCHEDULE EIA
Validity of approval:
EIA Approval is valid for a period of two years. If the
project does not take off within the two years, the
approval is automatically void.
Is the responsibility of the Project Initiator to the
request for an extension of the approval validity period
which may or may not be granted by the DOE
 3.4 EIA GUIDELINES
ADMINISTRATIVE PROCEDURES FOR SECOND
SCHEDULE EIA
Validity of Approval:

Main criteria used by DOE in determining whether the

validity period can be extended:
• The land use and environmental characteristics
surrounding the project site remain unchanged.
• The need for the project remains unchanged
• Project concept or project components remains
unchanged if the criteria are not met, the DOE will request
for a completely new EIA, supplementary EIA or additional
information.
 3.4 EIA GUIDELINES
ADMINISTRATIVE PROCEDURES FOR SECOND
SCHEDULE EIA
Administrative Cost Paid by Project Initiator
Cost to be paid by Project Initiator during review period.
Estimates will be provided by DOE Secretariat which needs agreement
from the by Project Initiator prior proceeding with the review process.
The honorarium fees for the appointed review panel, which is RM300
per person per meeting attended. If the review panel member was
unable to attend the meeting but has submitted her/his comments,
an honorarium fees is RM150 per person is payable.
Travelling expenses for appointed review panel for review meetings.
1 time visit to the site, if required.
Advertisement of EIA report in 2 major newspapers.
Distribution of the remaining 45 copies of the Detailed EIA report
 3.4 EIA GUIDELINES
Project Initiator

No
Evaluation subject to other
Prescribed activity? requirements under EQA 1974
and its regulations

Yes

First Schedule EIA

Procedures for First Schedule Submit EIA to DOE:

12 copies to DOE state office
EIA 3 copies to the DOE HQ with soft copy
of executive summary

Technical committee
meeting / review at DOE
state
Yes

Additional information
Additional required from project No Report accepted? Yes
Meet with section 34 A Report approved,
information initiator- to be submitted
(2), with conditions
submitted within 2 weeks from
meeting date EQA 1974

No
No

Report rejected/ not approved- not

meeting within the requirements of
section 32 (A) EQA 1974
 3.4 EIA GUIDELINES
Project Initiator

Prescribed activity?

Yes
Evaluate subject to other
No
Subjected to second requirements under the EQA 1974 and
schedule EIA? its regulation

Submit Terms of References (TOR) for No

Detailed Assessment First schedule EIA

TOR Review by DOE and appointed

panels
PROCEDURES FOR SECOND
SCHEDULE EIA TOR Endorsed by
DOE

Final TOR

Prepare and submit Second schedule EIA to

DOE – 50 copies to DOE HQ with softcopy of
Executive Summary

Distribute & Public Display Comment from public

Yes

Ad-hoc Technical Committee meeting/

review at DOE HQ

Additional information required from

Project Initiator – to be submitted within No Report Accepted? Meet Yes Second schedule report Approved
Additional
2 weeks from meeting date with section 34A(2) EQA with conditions
information
submitted? 1974

No
Report rejected/not approved-not No
meeting within the requirements of
Section 32(2) EQA 1974
 3.4 EIA GUIDELINES
SAMPLE OF ADVERTISEMENT FOR SECOND
SCHEDULE EIA
 3.5 ENVIRONMENTAL MANAGEMENT PLAN
(EMP)

• EMP convert pollution prevention and mitigation

measures (P2M2s) recommended in the EIA
report and the approval conditions (COAs) into
action.
• The EMP for prescribed activities fall under both
First and Second Schedule of the EIA order.
 3.6 PRINCIPAL OF ENVIRONMENTAL
MANAGEMENT PLAN (EMP)

• Identify response to mitigate potentially adverse impacts.

• Determine the requirements to meet the response effectively
and timely.
• Ensure proper implementation of all environmental
considerations recommended for the proposed development in
the EIA report.

• Provide feedback information to be used by executing agency

and other in evaluating projects interactions with the
environment.
 3.7 EMP GUIDELINE

 In preparing EMP, 5 important components are

required which are the Introduction, policy,
organizational structure, training requirement
and environmental requirements.
 However, the depth of the treatment and details
discussed in the environmental requirements
should be prepared suits to the individual project.
 3.7 EMP GUIDELINE
5 IMPORTANT COMPONENTS IN PREPARING
EMP
1. Introduction
(a) Project layout as approved in the Development Order by Local Authority.
(b) Project implementation schedule.
(c) Name of the EMP preparer and his consulting firm

2. Policy
(d) Company’s corporate policy statement on environmental management and
protection.
(e) Commitment by the top management on the mainstreaming of environmental
agenda and instilling of self regulation in the development project and on
ensuring continuous compliance with the environmental regulatory
requirements
 3.7 EMP GUIDELINE
5 IMPORTANT COMPONENTS IN PREPARING
EMP
3. Organizational structure
(a) Organization chart of the company’s top management with its responsibilities (provide names,
positions, mobile phone contact numbers and e-mail addresses).
(b) Name, mobile phone contact number and e-mail address of environmental manager, environmental
officer (EO), engineering consultant, contractor, site supervisor and competent person.
(c) Name of environmental consultant and accredited laboratory conducting environmental monitoring,
analysis of environmental samples and submitting reports to the DOE

4. Training requirement
Plan for staff training include maintenance and performance monitoring of all P2M2 (LD-P2M2, IETS,
APCS, STS, management of scheduled waste) in order to develop competency to discharge responsibilities
on environmental requirements and compliance.

5. Environmental Requirements

*Note: Competent person is a person certified by the DOE through the certification program administered by the Environment Institute of Malaysia,
EiMAS
 3.7 ENVIRONMENTAL REQUIREMENTS IN EMP

• Environmental requirement is one of the important key to prepare EMP for the
proposed project.
• Details information of the individual project must be provided as follow:

a. EIA approval conditions (COAs)

b. LD-P2M2 document
c. Pollution prevention and mitigation measures (P2M2) to be implemented.
d. Water pollution control
e. Control of air pollution and noise pollution
f. Material and waste management
g. Scheduled waste management
h. Emergency response plan (ERP)
i. Abandonment and closure plan
j. Declaration and checklist
 CASE STUDY: DOE APPROVED PLAN TO
CONSTRUCT LYNAS PDF AT GEBENG, KUANTAN

 DOE has approved the EIA to construct

Lynas permanent disposal facility (PDF)
within the Gebeng Industrial Estate in
Kuantan.

 The project area covers 100 hectares site

and designed to comply with the modern
safety and environmental practices.

 This project has generated great

controversy in Malaysia due to the
possible negative health, environmental
Lynas PDF at Gebeng, Kuantan
and economic impacts. However, it can
be minimized and mitigated within the Source: Malaysiakini , December 2021

acceptable value.
 CASE STUDY: DOE REJECTS THE EIA OF KUANTAN
BAUXITE MINING PROJECT

 DOE rejected the EIA report by a Pahang

government for bauxite mining project in
Kuantan.

 DOE has confirmed that EIA report of the

project did not fulfil requirements under
section 34A (2C) of the Environment Quality
Act 1974

 The report shall contain assessment on the

impact that will possibly have on the
environment and the proposed measure
should be taken to prevent, reduce or control
the adverse impact on the environment. Bauxite Mining Project in Kuantan
Source: Malaysiakini, December 2021
 CASE STUDY: DOE STOP-WORK ORDER TO QUARRY
WORKS AT PENANG HOUSING PROJECT

 The failure in submission of EMP for the housing

activity within six months has been issues with a
notice to stop all quarrying activities.

 Complaints from the nearby residents and the

investigation by the DOE team found that:
The developer still carry out quarrying activities after
approval period is expired.

 An offences under Section 34 A, section 31 and

section 38 of the Environmental Quality Act 1974 and
can be fined up to RM500,00 or imprisoned for a
maximum of five years or both.
Housing Project in Persiaran Kelicap, Bayan Lepas
Source: Bernama, February 2022
 CASE STUDY: DOE APPROVED OBJECTION ON THE
EIA OF MASSIVE RECLAMATION PROJECT IN PENANG

 DOE approved the objection by the fisher folks on the

EIA of Penang South Island Reclamation Project.

 The EIA of the project was found to be ultra vires, null

and void section 34 (4)(a) of the Environmental Quality
Act 1974.

 The state need to apply for a fresh approval of the

project’s EIA if they decide to continue the project.

Fisher folk which likely to be affected by the Penang South Island

Reclamation Project win the approval by DOE on the EIA objection
of the project.

Source: New Straits Times, September 2021

 CASE STUDY: DOE APPROVES EIA REPORT ON
LYNAS WASTE RESIDUE LANDFILL

The Department of Environment (DOE) has approved the

Environmental Impact Assessment (EIA) report for Lynas to build a
landfill to store its neutralization underflow (NUF) residue.

Conditions set are to include limiting the landfill to a height of

30m from ground level, excluding its “capping”.

The EIA report admitted that the landfill may impact the
environment, but it can be minimized and mitigated to within
acceptable levels.

Rare earth oxides praseodymium and neodymium in the

final stage of production at Lynas' Advanced Materials
Plant in Gebeng

Source: MalayMail, Aug 2019

 CASE STUDY: DOE FINDS ENVIRONMENTAL
REPORT FULFILLS LEGAL REQUIREMENTS

• DOE has granted conditional approval for the Environmental

Impact Assessment (EIA) report of the proposed Pan Island
Link 1 (PIL1), a component under the Penang Transport
Master Plan (PTMP).
• DOE found the EIA report fulfilling requirements of Section
34A (2) of the Environment Quality Act 1974.
• The conditional approval for EIA is; it was to ensure that steps
were taken to control traffic, earthworks and other related
works to reduce impact on the community during
construction.
Chief Minister Chow Kon Yeow showing the EIA
report of the Pan Island Link 1 at Komtar in George
Town.

Source: The Straits Times, April 2019

CASE STUDY: UPGRADING EIA SYSTEM IN SABAH

 The Sabah Environmental Protection Association

(Sepa) and the Task Force Against Kaiduan Dam
(Takad) told FMT the EPD had not updated its
website since 2016.
 Now, official letters about obtaining the necessary
information or even check the terms of reference
(ToR) for EIAs at the EPD library need to be sent to
the director, who never bothers to reply.
 The review panel which evaluates EIAs should be
free from conflict of interest, and that panelists
should not engage with proponents of projects.
 The Sepa President suggested that the government
set up an environmental audit system.
 CASE STUDY: DOE CONFIRMS THERE WAS
BREACH OF EIA REGULATIONS

 There was a breach of EIA regulation in the logging

concession area upstream of Sungai Lembing
which led to river pollution.
 DoE director conducted investigations and found
the company (Mentiga Corporation) failed to take
proper measures to tackle the erosion and silt in
the area.
 The case was investigated under Section 34A of
the Environmental Quality Act 1974 which carries
a fine of not more than RM500,000 or a prison
term of up to five years.
 The report also claimed that five rivers - Sungai Source: New Straits Times, November 2018

Terpai, Sungai Pasir Kubur, Sungai Keliu, Sungai Jin

and Sungai Daguk - had been affected by logging,
with waters turning murky and a yellowish colour.
CASE STUDY: TO MANY EIA S ARE FAILING TO
STOP ENVIRONMENTAL CALAMATIES

 Governments enabling development projects

tell us not to worry: although the details vary
from country to country, nearly all sizable
projects must undergo an EIA to ensure no
lasting harm.
 But the sad fact is, those assessments are
increasingly not worth the paper they’re printed
on.
 All around the world, we see a growing catalog
of cases where EIAs are giving green lights to
developments.
 Projects that are destroying irreplaceable Source: COSMOS, December 2018

habitat or threatening the last representatives of

endangered species
THANK YOU