DEPARTMENT OF ENVIRONMNET

ENVIRONMENT IMPACT ASSESSMENT

GUIDELINE IN
MALAYSIA
(EGIM)
2017
 The Purpose of EIA Guidelines

1) Requirements under the provision of Section 34A(2c)

of the Environment Quality Act 1974
2) Environment Quality (Prescribed Activities)
(Environment Impact Assessment) Order 2015.
enforced since 28th August 2015
3) To guide the project proponent and qualified person
(registered Consultants by DOE) in the preparation
of the EIA report
 Why New EIA Guidelines?

• Section 34A(2c)
• New EIA Order 2015
• New Concept of EIA Elements (QP, EO,
P2M2)
• Request by Minister to amend EQA,1974
 What's The Different?

Previous EIA Handbook New EIA Guidelines

• TOR Review Panel • TOR Adequacy Check Meeting

• PEIA vs DEIA • 1st Schedule vs 2nd Schedule

• Review Panel Meeting • HQ technical Review Committe

• Appointed Individual (Panel) • Appointed Individual

• EMP (General & ESCP) • EMP ( Introduce 'LDP2M2')

• Post Submission (Presentation

COA Execution Plan)

• Client Charter for TOR

ENVIRONMENT IMPACT ASSESSMENT
GUIDELINES

Requirements under the provision of

Section 34A(2c) of the
Environment Quality Act 1974
SECTION 34A, EQA 1974 (AMENDMENT)
2012

• Subsection 34A (2c)

The report shall be in accordance with the guidelines as the
Director General may prescribe and shall contain:

a) an assessment of the impact such activity will have or is likely

to have on the environment; and

b) the proposed measures that shall be undertaken to prevent,

reduce or control the adverse impact on the environment
 ENVIRONMENT IMPACT ASSESSMENT
GUIDELINES

1) Introduction
2) Policy and Legislations
3) General EIA Procedure, Requirements and Study
Methodologies
4) Pre-submission Stage of EIA Report
5) During Submission Stage of EIA Report
6) Post Submission Stage of EIA Report
7) Mainstreaming of Environmental Agenda and Self
Regulation Approach in EIA Procedure
 CHAPTER 1: INTRODUCTION

1.1 Purpose of EIA Guideline in Malaysia

1.2 Applicability of the EIA Guideline

1.3 EIA in Malaysia

1.4 EIA Guiding Principles

1.5 Integration of EIA into Project Planning Cycle

 1.4 EIA Guiding Principles

• Development Befitting • Social Accountability

to Nature • Quality Conscious
• Proactive • Self- Regulatory
• Transparency • Ethical
• Credibility • Participative
• Cost- effectiveness • Sustainability
• Practical
1.5 Integration of EIA into Project Planning Cycle

1.5.1 EIA in Project Planning and

Decision Making

a) Investment Security
b) Social Acceptability
c) Quality Planning
CHAPTER 2: POLICY AND LEGISLATION
• Introduction
• Relevant National Policies and Plans
– National Policy on the Environment
– National Physical Plan
• Federal Legislation
– Environmental Quality Act,1974 (Act 127)
• State Legislation
– Environmental Protection Enactment,2002 (Sabah) - by
EPD
– Natural Resources and Environment Ordinance,1 1993
(Sarawak) - by NREB
• Adherence to DOE Guidelines
 POLICY AND LEGISLATION

• Federal Legislation
– Environmental Quality Act, 1974

• The main highlights of EIA provisions in the

EQA,1974 include:
– Section 34A (1) - The Minister may prescribe any
activity which have significant environmental impacts
as prescribed activity
– Section 34A (2) - Appointment of qualified person to
conduct EIA
– Section 34A (2) (A) - Director General shall maintain a
list of qualified persons
 POLICY AND LEGISLATION

• The main highlights of EIA provisions in the

EQA,1974 include:

– Section 34A (2) (B) - Qualified person shall be

responsible for the EIA
– Section 34A (2) (C) - EIA shall be in accordance with
the guidelines
– Section 34A (3) - Director General can approve the
EIA report with conditions and inform relevant
approving authority
 POLICY AND LEGISLATION

• The main highlights of EIA provisions in the

EQA,1974 include:

– Section 34A (4) - Director General may not approve

the EIA report if not consistent with physical plan or
fulfil the guidelines
– Section 34A (5) - Director General may can require
the submission of additional reports other than the
EIA report
– Section 34A (6) - Activity is not to be carried out until
EIA report is approved
 POLICY AND LEGISLATION

• The main highlights of EIA provisions in the EQA,1974

include:

– Section 34A (7) - Responsibility of the proponent to

provide proof of compliance with conditions of
approval
– Section 34A (8) - Fine not exceeding five hundred
thousand or imprisonment or contravening section
34A
– Section 34AA - Director General may issue prohibition
or stop work order
 POLICY AND LEGISLATION

• Adherence to DOE Guidelines

• At the stage of EIA Report preparation and all stages of
project implementation, the requirements and
specifications stipulated in the following Guidelines issued
by the DOE shall be adhered to:

– Guidance Document for addressing soil erosion and

sediment control aspect in EIA Reports

– Guidance Document for the preparation and submission of

Environmental Management Plan (EMP) as per Chapter 6 of
this EIA Guideline.
 POLICY AND LEGISLATION

– Guidance Document for the preparation of the document on

land disturbing pollution prevention and mitigation
measuresList of Guidelines/ Technical Guidance Documents

– Other relevant guidelines issued by the DOE pertaining to

environmental- related system and management.

– Other documents issued by the DOE from time to time related

to EIA process and procedure.
 CHAPTER 3: GENERAL EIA PROCEDURE,
REQUIREMENTS, & STUDY METHODOLOGIES

• EIA Study - To be conducted by Qualified Person

– Valid registration with the DOE as stipulated under Section

34A (2B) of the EQA 1974 (Amendment) 2012.
– Refered to as the EIA Consultants.
– A team shall comprise professionals (qualified persons)
who are competent and experienced in the technical fields
relevant to the EIA study.
– The team shall be led and supervised by a team leader
who shall be responsible for coordinating the EIA study and
for ensuring the EIA Report to be written is complete, clear,
coherent, balanced, and impartial and is useful for decision
making process.
GENERAL EIA PROCEDURE, REQUIREMENTS,
& STUDY METHODOLOGIES

EIA Methodologies:
• Screening
• Scoping
• Terms of Reference (TOR) formulation
• Baseline studies
• Identification of mitigation measures
• Impact assessment and evaluation of significance
• EIA Report preparation
• EIA Report review
– DOE State
– DOE HQ
• Decision making
GENERAL EIA ROCEDURE,REQUIREMENTS,
& STUDY METHODOLOGIES

• Screening
– The first process in the EIA study to determine if a
proposed development project is subjected to a
regulatory provision requiring an EIA.
GENERAL EIA ROCEDURE,REQUIREMENTS,
& STUDY METHODOLOGIES

• Scoping
– Initial phase of the EIA process which occurs early in
the project cycle.
– Identifying the key environmental issues and the study
spatial and temporal boundaries.
– What to be investigated and assessed during the
subsequent phases of the process.
– The range and extend of the key issues to be
addressed.
– Determines the focus and depth of the EIA study, which
in turn implicates the requirements on the time,
personnel, and cost of study.
GENERAL EIA ROCEDURE,REQUIREMENTS,
& STUDY METHODOLOGIES

Table 3.1 Good Practical Steps and Tips in

Scoping Consultations
• Some good practices and steps in organising
scoping consultattions are:
 Identifying relevant stakeholders and local residents
who are concerned in the proposed project.
 Contact the stakeholders and local residents to
participate in scoping.
 Provide the stakeholders and local residents
information about the proposed project. Give contat
details for information and comment.
GENERAL EIA ROCEDURE,REQUIREMENTS,
& STUDY METHODOLOGIES Cont.

 Arrange meeting place for getting feedback on scoping

consultation process.
 Collate and analyze all responses and take them into
account in the EIA study.
 Thank respondents for their help and explain how their
comments have been addressed.
 If there is considerable local interest, consider holding a
public exhibition or special focus group meeting in a
ommunity hall at which the projct will be presented and staff
will be ready answering questions and queries.
 Record the views expressed in scoping consultations in the
EIA report.
GENERAL EIA ROCEDURE,REQUIREMENTS,
& STUDY METHODOLOGIES Cont.

• Terms of Reference (TOR)

– The product of the scoping process.

– The scoping identifies the issues to be addressed,
whereas the TOR sets the objectives, defines the
scope, and establishes the strategy and schedule
for the EIA process to address these issues.
GENERAL EIA ROCEDURE,REQUIREMENTS,
& STUDY METHODOLOGIES Cont.

• TOR will:
Define what types of information obtained from the scoping process
are o be presented in the EIA Report such as:

 Specify what studies will be performed

 Identify who will conduct the studies
 State when the studies will be carried out and the study
timeline
 Outline the methodologies to be used in impact assesssment
and evaluation of significance
 GENERAL EIA ROCEDURE,REQUIREMENTS,
& STUDY METHODOLOGIES Cont.
Baseline Studies:
• The study of the current status of the environment in the area
proposed for development before the development work of the
project started.
• Involve:
– Field studies
– Dekstop studies
– Identify key issues
– Provide a detailed description of the affected area
• Address main areas:
– Physical
– Environmental
– Biological
– Socio Economic
 GENERAL EIA ROCEDURE,REQUIREMENTS,
& STUDY METHODOLOGIES Cont.

• EIA Report Quality Control Assessment

 CHAPTER 4: PRE-SUBMISSION STAGE OF
EIA REPORT

• Screening
• Scoping and TOR
– 1st Schedule
– 2nd Schedule
• Site Suitability Assessment
• Baseline Conditions
• Impact Assesment Methodology
• Specifications and Format of EIA Report
 Specifications and Format of EIA Report

 Chapter 1: Introduction
 Chapter 2: Statement of Need
 Chapter 3: Project Options
 Chapter 4: Project Description
 Chapter 5: Existing Environment
 Chapter 6: Evaluation of Impacts & Mitigating
Measures
 Chapter 7: Environmental Management Plan (EMP)
& Environmental Monitoring
 Chapter 8: Study Findings
 Chapter 9: List of References (Appendices)
CHAPTER 5: DURING SUBMISSION STAGE OF
EIA REPORT
• Submission of EIA Report
• EIA Review Process
– Objectives of EIA Review
– Roles and Responsibilities of Parties Involved in the EIA
Procedure
– EIA Review Process Timeline
• Review Process for EIA Reports for 1st Schedule Activities
– Terms of References (TOR) Review Procedure
– Procedural steps for five (5) weeks assessmnet of EIA Report
• Review Process for EIA Reports for 2nd Schedule Activities
– Terms of References (TOR) Review Procedure
– EIA Report Reviewing Procedures
– Display and public comments of EIA Reports
 Roles And Responsibilities Of Parties
Involved In The EIA Procedure

• The Project Proponent

• The EIA Consultant
• The Environment Related Competent
Agencies and Specialists
• The public
• The Technical Review Committee
• The Approving Authorities
 Roles And Responsibilities

Department of Environment (DOE)

• EIA process administered by DOE under the

EQA 1974.
• DOE makes final decision on EIA reports
• DOE responsible for the administrative
procedures such as formulating EIA guidelines
and regulating EIA consultants
 Roles And Responsibilities Cont.

Project Proponent (PP)

• An individual / organization that is proposing to undertake
the development of a prescribed activity.
• May be from the public / the private sector & represented
by a consultant.
• Responsible for all aspects related to the development of
the project inclusing environmental planning of the project
and its associated cost.
• May delegate the task of conducting the environmental
impact assesssment of the project to his project consultant/
to another organization but remains utimately responsible
for the content of the EIA Report on his project.
 Roles And Responsibilities Cont.

EIA Consultant (Qualified Person)

• An individual who has been tasked by the PP to conduct
the EIA of the project.
• The leader of a team of consultants from various disciplines
relevant to the proposed project and is responsible to the
PP.
• May work for an EIA consulting firm and the subject matter
experts shall be DOE- registered consultants
• Shall maintain professionalism in conducting a
comprehensive EIA study and produce a quality EIA Report
that is useful for decision-making purposes.
 Roles And Responsibilities Cont.

EIA Technical Review Committee (EIATRC)

• The review of the EIA Reports is carried out by a committee
known as the EIATRC established both at the DOE state
office and at the DOE Headquaters.

• The EIATRC at the DOE state office reviews the EIA

Reports of activities under the 1st Schedule while the
EIATRC at the DOE Headquaters reviews Report to
activities under the 2nd Schedule.
 Roles And Responsibilities Cont.

• Members of both EIATRCs are the TRC members,

representatives from relevant government agencies (GAs),
and individuals appointed (AIs) from within / outside of the
DOE, who have vast technical experiences in the relevant
areas related to the proposed project.

• Additionally, Non- Governmental Organizations (NGOs) may

alos be invited to sit on the committees as general
representatives / as AIs. In the case of the EIATRC at the
DOE state offices which reviews EIA Reports of the 1st
Schedule activities, AIs will only be appointed when needed
on a case to case basis, as described earlier.
 Roles And Responsibilities Cont.

The Governemnt Related Agencies & Experts

• Environment related agencies & individual who have vast
technical expertise and experience in specific areas have
an important role to play in providing relevant inputs on
environmental impacts, impact study techniques, and
pollution preventio and mitigation measures.

• The inputs from the agencies and individuals may be

sought by the DOE whenever deemed necessary.
 Roles And Responsibilities Cont.

The Public
• Public participation is an essential and integral part of
project development to provide an avenue for the public to
channel their views on the proposed project.
• Public Engagement is a direct method of obtaining
information on the concerns of the impacted community
resulting from the project implementation.
• Some form of public participation to obtain their inputs to
the EIA study, shall be implemented which may include
public engagement and public display of EIA Reports.
 Roles And Responsibilities Cont.

The Approving Authority

• is the Government Authority that has the task of deciding, in
view of the environmental and developement costs, and the
benefits of the proposed project to the community, how ( or
whether ) a project should proceed.
 The Approving Authority Cont.

• The project approving authorities include:

– The National Development Planning Committee (NDPC) for

Federal Government sponsored projects;
– The State Executive Council (EXCO) for State Government
sponsored projects;
– The various Local Authorities / Regional Development
Authorities (RDA) with respect to planning approval within their
respective araes;
– The Ministry of International Trade and Industry / MIDA for
industrial projects.

*Note: The DOE is not a project approving authority.

 PROCESS FLOWCHART FOR EIA

A. Procedural Step for TOR for

Schedule 1 & 2

B. Procedural Step for EIA Schedule 1

C. Procedural Step for EIA Schedule 2

CHAPTER 6: POST SUBMISSION STAGE OF
EIA REPORT

• Guidance document for preparation and submission of

EMP
• Objective of Guidance Document
• How to get started
• Format of EMP
• Guidence Document For The Preparation of The Document
on Land- Disturbing Pollution Prevention and Mitigation
Measures (LD-P2M2)

– Schedule of project phasing and submission of LD-P2M2

– Method Statement
 POST SUBMISSION STAGE OF EIA
REPORT Cont.

• Water Pollution Control

– Environmental monitoring
– Effluent treatment
– Temporary sullage and sewage treatment
– Permanent sullage and sewage treatment
– Control of oil and grease, concrete wash, etc.

• Control of Air Pollution and Noise

– Air pollution control monitoring
– Air pollution control
 POST SUBMISSION STAGE OF EIA
REPORT Cont.

• Material and Waste Management

– Raw materials and stockpile
– Solid waste
– Biomass
– Spoils/ dredge materials/ construction waste
– Open burning
– Housekeeping
• Schedule Waste Management
• Emergency Response Plan (ERP)
• Abandonment Plan and Closure Plan
• Declaration and Checklist
CHAPTER 7: MAINSTREAMING OF ENVIRONMENTAL
AGENDA AND SELF REGULATION CULTURE IN
EIA PROCEDURE

• General considerations

• Roles and core duties of different

players in EIA project implementation
 Roles And Responsibilities

Project Proponent (PP)

• Individual / organization proposing &implementing project.
• Public / private sector
• May be represented by a consultant
• Responsible for the environmental planning of the project
and must bear the cost.
• Responsible to carry out the project and the mitigation
measures.
• Must comply with EIA Conditions of Approval.
 Roles And Responsibilities Cont.

EIA Consultant
• Preparing TOR
• Preparing and defending the EIA Report.
• Setting up public display and engagement meetings.
• Employed & responsible to the Project Initiator.
• Not necessarily have to be a third-party.
• Must be registered with the DOE
• Professional in conducting the EIA and producing the EIA
report.
• Preparing EMP
 ENVIRONMENTAL OFFICER (EO)

• Implementing EMP
• Preparing Performance Monitoring (PM) Document
(PMD)
• Supervising the conduct of PM program
• Preparing PM Report
• Communicating the status of environmental regulatory
compliance with higher management
• Maintaining a detailed record of major upset condition
encountered
• Acting as environmental advisor to Project Proponent
ENVIRONMENTAL MAINSTREAMING TOOLS (EMT)

1) Environmental Policy
2) Competent Person
3) Environmental Management & Decision Making
Process Committee
4) Performance Monitoring Facilities & Instrucments
5) Record Keeping
6) Data Analysis & Interpretation
7) Reporting & Communication
8) Continuous Improvement
ENVIRONMENTAL MAINSTREAMING TOOLS (EMT)

Tool 1: Environmental Policy

• Premis hendaklah menmpunyai Polisi Alam Sekitar.
• Polisi tersebut hendaklah mencerminkan komitmen &
strategi baru dalam menangani masalah pencemaran
& kawalan alam sekitar, sekaligus mengambil kira self
regulation culture.
• Premis hendaklah memastikan Polisi tersebut
dihebahkan kepada semua kakitangan, kontraktor
premis, pembekal premis dan lain-lain yang terlibat.
ENVIRONMENTAL MAINSTREAMING TOOLS (EMT)

Tool 2: Competent Person (CP)

• Premis hendaklah menmpunyai Competent Person.
• CP memainkan peranan penting dalam komunikasi
dengan JAS, serta memastikan Premis telah
mengambilkira kepentingan, alam sekitar dalam
melaksanakan sesuatu projek, program atau aktiviti
premis.

* EIMAS telah memperkenalkan 7 bidang kompetensi

yang telah diluluskan oleh KPAS.
ENVIRONMENTAL MAINSTREAMING TOOLS (EMT)

Tool 3: Environmental Management & Decision

Making Process Committee
Jawatankuasa Alam Sekitar terdiri daripada 2 peringkat:

1. Environmental Performance Monitoring Committee

(EPMC)
– Jawatankuasa diperingkat Operasi (Operational Level)
– Dipengerusikan oleh Senior Officer
– Mengawalselia kerja-kerja operasi seperti maintenance,
performance of pollution control system (PCS), dan lain-lain.
ENVIRONMENTAL MAINSTREAMING TOOLS (EMT)

Tool 3: Environmental Management & Decision

Making Process Committee
Jawatankuasa Alam Sekitar terdiri daripada 2 peringkat:

2. Environmental Regulatory Compliance Monitoring

Committee (ERCMC)
– Jawatankuasa diperingkat Polisi (Policy Level)
– Dipengerusikan oleh General Manager (GM) / Chief Executive
Officer (CEO)
– Mengawalselia keberkesanan polisi alam sekitar, membuat
penilaian kesan program yang dijalankan terhadap alam
sekitar,dan lain-lain.
ENVIRONMENTAL MAINSTREAMING TOOLS (EMT)

Tool 4: Performance Monitoring Facilities &

Instrucments
1. Mini Lab
– Mini Lab harus ditubuhkan (jika perlu). Ia bertujuan memberi sokongan
kepada operasi dan penyelenggaran pollution control system (PCSs).
– Mini Lab yang ditubuhkan harus lengkap dengan peralatan performance
monitoring (PM).
2. Sampling Programme
– Program persampelan yang lengkap harus dirancang dan dilaksanakan,
dan sampel harus dianalisa oleh makmal yang telah dikreditasi oleh
Jabatan Standard Malaysia (JSM).
3. AS Built Drawing
– Pelan susunatur premis mengikut AS Built Drawing yang telah disahkan
oleh Professional Engineer (PE).
ENVIRONMENTAL MAINSTREAMING TOOLS (EMT)

Tool 5: Record Keeping

• Premis perlu mewujudkan suatu sistem penyimpanan

rekod (record keeping system) bertujuan untuk
menyimpan rekod-rekod yang berkaitan dengan
operasi, penyelenggaran dan prestasi pollution control
system (PCM).
ENVIRONMENTAL MAINSTREAMING TOOLS (EMT)

Tool 6: Data Analysis & Interpretation

• Performance monitoring data, compliance data, upset

conditions data serts operation and maintenance data
hendaklah dianalisa. Jika perlu, data tersebut
hendaklah dibentang kepada jawatankuasa yang
berkaitan untuk ketetapan selanjutnya.
ENVIRONMENTAL MAINSTREAMING TOOLS (EMT)

Tool 7: Reporting & Communication

• Hasil komunikasi dalaman (e.g.; minit mesyuarat,

laporan pematuhan alam sekitar, etc.) perlu didokumen
dan dimaklumkan kepada kakitangan premis. Ini
bertujuan untuk mewujudkan kesedaran dan
keprihationan terhadap kepentingan alam sekitar.
• Pelaporan pematuhan terhadap AKAS perlu
dikemukakan kepada JAS.
ENVIRONMENTAL MAINSTREAMING TOOLS (EMT)

Tool 8: Continuous Improvement

1. Budget Allocation & Staffing Requirement

– Premis perlu memperuntukkan bajet dalam perlaksanaan
ke arah environmental mainstreaming

2. Implementation Scheduled & Monitoring

– Premis perlu menyediakan Jadual Perlaksanaan serta
program-program ke arah environmental mainstreaming.
1) Environmental Policy (EP)
2) Competent Person : Environmental Officer
3) Performance Monitoring (PM)
4) Performance Performance Monitoring Committee
(EPMC)
5) Performance Regulatory Compliance Monitoring
Committee (ERCMC)
6) Data Analysis & Interpretation
7) Mini laboratory
8) Discharge and Emission
9) Record Keeping
10) Reporting & Communication
Thank You.