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6 EIA must identify, predict, evaluate and mitigate likely direct and indirect environmental effects of activities on: human beings fauna, flora, soil, water, air, climate, landscape material assets, cultural heritage, social the interaction between those factors

7 Projects with significant adverse effects to environment Projects with insignificant adverse effects to environment Mandatory EIA Screening by Competent authorities to decide if EIA is needed or not

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13 Screening Scoping Assessment Review EIA

14 Screening Scoping Assessment Review Answers the question: is EIA required? check the policy delineation (prescribed activity list) The guiding principle: are significant environmental effects likely? If yes EIA needed If no no EIA needed EIA

15 Screening Scoping Assessment Review Criteria used include threshold, size of project, and environmental sensitivity. Preliminary study to indicate: No or insignificant adverse effects Significant but mitigable adverse effects Significant but may or may not be mitigable EIA

16 Screening Scoping Assessment Review EIA Identification of key issues to be studied & addressed in the report. Answers the question: what should be covered by the environmental information? Determined in a meeting comprising environmental authority, project proponent & consultants. Before development consent application is submitted

17 Screening Scoping Assessment Review EIA Baseline study (Existing Environment) - Project description - Collection of background info of the existing biogeographical settings for impact assessment and future monitoring purposes. Impact Assessment preliminary and detailed Assessments - Use of resources, emissions and residues (estimate)

18 Screening Scoping Assessment Review EIA Impact Assessment preliminary and detailed Assessments (cont d) - Description of the environment likely to be significantly affected - Likely significant environmental effects and forecasting methods. Mitigation and abatement measures - Recommendations of Environmental Monitoring Plan (EMP)

19 Screening Scoping Assessment Review Main alternatives and reasons for the choice taking account of the environmental effects Cumulative effects Short term and temporary effects Mitigation measures Non-technical summary EIA

20 Screening Scoping Assessment Review To determine whether the report is adequate in addressing all the issues under the TOR If revision is required, the EIA consultant needs to amend and improve the quality of the EIA report to a standard acceptable to the Panel member EIA

21 Screening Scoping Assessment Review EIA When final decision is taken, public must be informed of its contents and reasons, attached conditions and mitigation measures Upon acceptance of EIA report, the Natural Resources & Environment Board (NREB) will prepare EIA Approval document consisting Letter of Undertaking (LOU), approval conditions and guidelines. Ground truthing by NREB field officer to verify information on the ground

22 Start EIA Required? Screening yes Scoping No Environmental Assessment (EA) Receipt & Preliminary Evaluation Preliminary Report No accepted? Report accepted? yes Evaluation yes Approval Monitoring/Auditing End Procure more info by Consultant No Revision of EIA Report by Consultant Yes No Reject Report needs revision?

23 Key sections of an EIA study, 2 major parts: The treatment of unwanted chemicals (by-products) and the concentrations of liquid discharges and gaseous emissions during normal operation The handling of a major chemical accident within the plant and any subsequent reaction products, and containment and clean-up.

24 Waste chemical disposal Treatment dilution, neutralisation, purification, separation, etc. Drainage system rainwater, domestic waste, relatively pure process water, acid spills, oils, etc. Separate systems vs central collection tank Concentration must consider current limits and the possibility of these being tightened in the future Scrubbing systems, filters, etc. Emissions short term and possible long-term affects have to be addressed

25 Containment, clean-up, discharge Quantity and location of the chemicals Prevailing wind direction Location of plant personnel and general public Access to the plant and high-risk areas

26 Contains discussion of beneficial and adverse impacts considered relevant to the project, plan or policy 3 Sections: Inventory, Assessment, Evaluation These sections should include: - A brief description of the proposed development - A brief description of the local area - Potential impacts - Mitigating actions - Examination of affect on the area if existing trends were continue - Consultations and objections

27 Pre-1974 Abundance Paradigm (nature is a free and endless commodity) Pollution control paradigm (Environmental Quality Act 1974) Pollution prevention/sustainable development paradigm

28 Administered by Department of Environmental (DOE): Environmental Quality Act 1974 But under the Federal constitution, matters related to natural resources (land use, forestry, agriculture and inland water resources) are under the control of state governments. Thus Federal laws pertaining to natural resources are ineffective until it s adopted by the state legislature.

29 Requirement for EIA in Malaysia: EIA is a planning tool for preventing environmental problems or damages as a result of project development. EIA is required under Section 34A, Environmental Quality Act, Guidelines and Procedures: To guide and advise you in preparing EIA reports. Guidelines for specific activities are published by Department of Environment (DOE)

30 Nineteen categories of Activities are prescribed under the Environmental Quality Act, 1974 (Amendment 1985). These include activities related to: Agriculture, airport, drainage and irrigation, land reclamation, fisheries, forestry, housing, industry, infrastructure, ports, mining, petroleum, power generation, quarries, railways, transportation, resort and recreational development, wastewater treatment and disposal and water supply.

31 The EIA procedure adopted in Malaysia consists of three major components: Preliminary Assessment Detailed Assessment Review of EIA

32 Initial prediction of the impacts due to those activities that are prescribed should be initiated at the prefeasibility study stage of the development of an activity. Project options are identified and any significant residual environmental impacts are made known. Preliminary report is reviewed by technical committee in the DOE internally or other government and non-government agencies

33 Undertaken for those projects where significant residual environmental impacts have been predicted in the preliminary assessment. Carried out based on specific TOR issued by an ad hoc Review Panel appointed by the Director General (DG). Detailed EIA report to be submitted for approval by the Director General of Environmental Quality prior to approval by the Federal or State Gov t authority for implementation.

34 This is carried out internally by the DOE for the Preliminary Assessment and by an ad hoc Review Panel for Detailed Assessment reports. Recommendations from review are transmitted to relevant project approving authorities for consideration Normal period allocated for review of a Preliminary Assessment report is one month while that for Detailed Assessment report is two months.

35 Director General of Environmental Quality Chairman of EIA Review Panel Public Director of Prevention (DOE) Secretary of EIA Review Panel Head of EIA Section Review Panel Evaluation Section (EIA Report Processing Desk Officers)

36 Upon acceptance of EIA report, the NREB will prepare EIA Approval Document consisting Letter of Undertaking ( LOU), approval conditions and guidelines. Project proponent together with appointed EIA consultant will sign LOU to be witnessed by NREB Official.

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38 A mechanism to : check environmental compliance especially the EIA approval conditions, mitigation measures and guidelines test impact predictions provide warning of undesirable change so that corrective measures can be implemented, provide evidence to refute or support claims for damage compensation keep record of activities that affect the environment

39 A management tool to: Determine impacts Check that conditions arising from EIA are being met Test the scientific accuracy of EIA predictions Check on environmental management practices Identify areas where the EIA could have been improved Look for improvements for future EIAs