ENVIRONMENTAL LEGISLATION AND REGULATION IN MALAYSIA Managed by Ministry of Science, Technology And The Environment Malaysia Concept of the National Policy Of The Environment 1
MALAYSIA POLICY ON THE ENVIRONMENT The objectives are to achieve : 1. A clean, safe, healthy and productive environment for present and future generations 2. Conservation of the country s unique and diverse cultural and natural heritage with effective participation by all sectors of society 3. Sustainable lifestyles and patterns of consumption and production 2
MALAYSIA POLICY ON THE ENVIRONMENT The National Policy on the environment is based on 8 principles that harmonies economic development goals with environmental imperatives. These interrelated and mutually supporting principles are: 1. Stewardship of the Environment Exercise respect and care for the environment in accordance with the highest moral and ethical standards. 2. Conservation of Nature s Vitality and Diversity Conserve natural ecosystems to ensure integrity of biodiversity and life support systems. 3
MALAYSIA POLICY ON THE ENVIRONMENT 3. Continuous Improvement in the Quality of the Environment Ensure continuous improvement in the productivity and quality of the environment while pursuing economic growth and human development objectives. 4. Sustainable Use of Natural Resources Manage natural resource utilization to sustain the resource base and prevent degradation of the environment. 5. Integrated Decision-Making Integrate environmental dimensions in the planning and implementation of the policies, objective and mandates of all sectors to protect the environment. 4
MALAYSIA POLICY ON THE ENVIRONMENT 6. Role of Private Sector Strengthen the role of the private sector in environmental protection and management. 7. Commitment and Accountability Ensure the highest commitment to environmental protection and accountability by all decision-makers in the public and private sectors, resource users, non-governmental organizations and the general public, in formulating, planning and implementing their activities 8. Active participation in the International Community Participate actively and effectively in regional and global efforts towards environmental conservations and enhancement. 5
MALAYSIAN ENVIRONMENTAL LAW The regulatory and legal framework governing environmental issues is set out in the Environmental Quality Act 1974, commonly referred to as the EQA. The EQA establishes the Director-General of Environmental Quality who heads the DOE and the Environmental Quality Council comprising Government and industry representatives. The EQA is designed for the prevention, abatement, control of pollution and enhancement of the environment. 6
MALAYSIAN ENVIRONMENTAL LAW To date, Minister has promulgated thirteen sets of environmental regulations, governing specific industries, such as the following: 1. Licensing regulations 2. Clean Air regulations 3. Compounding of Offence rules 4. Sewage and Industrial Effluents regulations 5. Motor Vehicle Noise regulations 6. Environmental Impact Assessment List of Prescribed Activities 7. Three sets of regulations pertaining to generation, treatment and disposal of Scheduled Wastes 8. Control of Smoke and Gas Emission rules 7
DEPARTMENT OF ENVIRONMENT (DOE) The function of DOE is to administer and enforce the EQA and Section IV of the Economic Exclusive Zone Act, 1984. One of the DOE s main objectives is to preserve a healthy, clean and safe environment for the present and future generations. 8
MALAYSIAN ENVIRONMENTAL LAWS Malaysia has many agencies and laws that are responsible for the control of traffic on toxic and dangerous products and wastes. These include : 1. Petroleum Development Act 1974 2. Petroleum Mining Act 1966 3. Petroleum (Safety Measures) Act 1984 4. Dangerous Trade Enactment 5. Poisons Act 1955 6. Poisons (Agricultural and Industrial) Ordinance 7. Pesticides Act 1974 8. Explosives Act 1975 9. The Technical Instruction for Safe Transport of Dangerous Goods by Air 9
National Water Services Commission Act 2006 (Act 654) The National Water Services Act 2006 or the Suruhanjaya Perkhidmatan Air Negara Act 2006 which came into effect on 1 February 2007 is enforced by the Ministry of Energy, Water and Communication. This Act was enforced to establish a body known as the Suruhanjaya Perkihdmatan Air Negara, or the National Water Services Commission to regulate and enforce the provisions of the Water Industry Services Act 2006 (Act 655) known as WSIA. 10
National Water Services Commission Act 2006 (Act 654) The Commission, which is fully functional since 1 January 2008, is a central regulatory agency to oversee adequate, clean and healthy water supply including the treated water supply. The Commission shall have all the functions conferred on it under the water supply and sewerage services laws and shall also have the following functions: 11
National Water Services Commission Act 2006 (Act 654) to implement and enforce the water supply and sewerage services laws and to recommend reforms to the water supply and sewerage services laws; to ensure the productivity of the water supply and sewerage services industry and the monitoring of operators compliance with stipulated services standards, contractual obligations and relevant laws and guidelines; to ensure national development goals pertaining to coverage, supply and access to water supply services and sewerage services are achieved; 12
The Water Services Industry Act 2006 (WSIA) (Act 655) The Water Services Industry Act 2006 (WSIA) which came into force on 1 January 2008 is a federal law and enacted to regulate water supply services and sewerage service industry. The WSIA is enacted for the following objectives: to ensure uniformity of law and policy to make a law for the proper control and regulation of water supply services throughout Peninsular Malaysia and the Federal Territories of Putrajaya and Labuan; maya@kuittho.edu.my, copyright 2007 13
Three main subsidiary legislation have been introduces in this Act; Water Services Industry (Licensing) Regulations 2007) prescribes all matters relating to the issuance of individual licenses and registration of class licenses granted under WSIA. Water Services Industry (Permit) Rules2007 issues rules on all matters relating to the issuance of permits granted under WSIA. Water Services Industry (Licensing) (Exemption) Order 2007 exempts a person from individual or class licensing requirement, by order of the Minister. maya@kuittho.edu.my, copyright 2007 14
1. AIR POLLUTION STANDARD The air quality standards are set by Department of Environment Malaysia (DOE) with reference of the United States Environmental Protection Agency (US EPA). 15
Recommended Malaysian Air Quality Standards (At 25 degree Celsius and 101.13 kpa) Pollutant Ozone (O 3 ) Carbon Monoxide (CO) # Nitrogen Dioxide (NO 2 ) Sulphur Dioxide (SO 2 ) Particles TSP Particulate Matter (PM 10 ) Lead (Pb) Averaging Time Malaysia Guideline (ppm) (µg/m 3 ) 1 Hour 0.10 200 8 Hour 0.06 120 1 Hour 30 35 mg/m 3 8 Hour 9 10 mg/m 3 1 Hour 0.17 320 10 Minute 0.19 500 1 Hour 0.13 350 24 Hour 0.04 105 24 Hour 260 1 Year 90 24 Hour 150 1 Year 50 3 Month 1.5 (Source: Department of Environmental Malaysia) 16
2. WATER QUALITY STANDARDS The objective of these standards is not only to give guidelines for continual quality of water supplied to public but also to ensure effective protection of public health besides to improve the management of the water utilities. 17
Determines Conformity Assessment The Malaysian National Standard for Drinking Water Quality recommends levels for both raw water quality and drinking water quality The standards ensure that the drinking water is safe to drink and not hazardous to health or objectionable to the physical senses of consumers Physical, chemical, microbiologic al and radiological parameters are included with frequency of testing 18
WATER STANDARD QUALITY Anak Syarikat Milik Penuh RANHILL UTILITIES BHD Parameters Unit Raw Water (average) Treated Water ph - 5.8-6.9 6.5-9 Iron mg/l < 1.0 < 0.3 Manganese mg/l < 0.2 < 0.1 Turbidity NTU 300 < 5 Suspended Solid mg/l 100 - DO ppm 4-7 8-10 Color TCU 300 < 15 Aluminium mg/l < 0.1 < 0.2 Fluoride ppm < 1.5 0.5 0.7 Res. Chlorine ppm - 1.5 2.5 Ammonia ppm - < 1.5 19
Malaysia: National Guidelines for Raw Drinking Water Quality (Revised December 2000) Parameter Symbol Benchmark Sulphate SO4 250 mg/l Hardness CaCO3SO 500 mg/l Nitrate NO3SO 10 mg/l Coliform - Must not be detected in any 100 ml sample Manganese Mn 0.1 mg/l Chromium Cr 0.05 mg/l Zinc Zn 3 mg/l Arsenic As 0.01 mg/l Selenium Se 0.01 mg/l Chloride Cl 250 mg/l Phenolics - 0.002 mg/l TDS - 1000 mg/l Iron Fe 0.3 mg/l Copper Cu 1.0 mg/l Lead Pb 0.01 mg/l Cadmium Cd 0.003 mg/l Mercury Hg 0.001 mg 20
Scope of activities: All phases of drinking water quality Controlling of pollution at source Surveillance of drinking water quality Supplying of potable water Testing of water Department of Environment Water Purveyor and Public Works Department Ministry of Health Chemistry Department Laboratory 21
Interim National Water Quality Standards It is important to maintain high quality level for natural water. Therefore, the Department of Environment has set up the minimum quality standard that reflects its beneficial uses. 22
Table 1.2: Interim National Water Quality Standard Parameter Unit Classes I IIA IIB III IV V Ammoniacal Nitrogen Biochemical Oxygen Demand mg/l 0.1 0.3 0.3 0.9 2.7 >2.7 mg/l 1 3 3 6 12 >12 Chemical Oxygen Demand mg/l 10 25 35 50 100 >100 Dissolved Oxygen mg/l 7 5-7 5-7 5-9 5-9 - ph - 6.5-8.5 6-9 6-9 5-9 5-9 - Color TCU 15 150 150 - - - Electrical Conductivity* μs/cm 1000 1000 - - 6000 - Floatables - N N N - - - Odor - N N N - - - Salinity % 0.5 1 - - 2 - Taste - N N N - - - Total Dissolve Solid Total Suspended Solid Temperature o C - mg/l 500 1000 - - 4000 - mg/l 25 50 50 150 300 300 Normal + 2 o C - Normal + 2 o C - - Turbidity NTU 5 50 50 - - - Faecel Coliform** Total Coliform Count/ 100ml Count/ 100ml 10 100 400 5000 (20000) a 5000 (20000) a 100 5000 5000 50000 50000 >50000 - Source: Environmental Quality Report 2010 23
Source: Environmental Quality Report 2010 Table 1.4: Classification of Water Based on INWQS Parameter Unit Class I II III IV V Ammoniacal Nitrogen mg/l <0.1 0.1-0.3 0.3-0.9 0.9-2.7 >2.7 Biochemical Oxygen Demand mg/l <1 1-3 3-6 6-12 >12 Chemical Oxygen Demand mg/l <10 10-25 25-50 50-100 >100 Dissolved oxygen mg/l >7 5-7 3-5 1-3 <1 ph - >7 6-7 5-6 <5 >5 Total Suspended Solid mg/l <25 25-50 50-150 150-300 >300 Class I IIA IIB III IV V Table 1.5: Water Classes and Uses Uses Conservation of natural environment. Water Supply I Practically no treatment necessary. Fishery I Very sensitive aquatic species. Water Supply II Conventional treatment required. Fishery II Sensitive aquatic species. Recreational use with body contact. Water Supply III Extensive treatment required. Fishery III Common, of economic value and tolerant species; livestock drinking. Irrigation None of the above 24
3. WASTEWATER STANDARD The ultimate goal of waste water management is the protection of the environment in a manner commensurate with better waste quality, publics health, economic, social and political comments. The effluents from industries and sewerage are required to be treated to a certain quality before they are discharged into the water course. 25
Typical Connection 26
EFFLUENT DISCHARGE STANDARDS TO MALAYSIA INLAND WATER PARAMETERS (mg/l) MAXIMUM PERMITTED VALUE STANDARD A STANDARD B o Temperature C) ( 40 40 ph 6.0-9.0 5.5-9.0 o BOD 5 at 20 C 20 50 COD 50 100 Suspended Solids 50 100 Mercury 0.0 0.1 Cadmium 0.0 0.0 Chromium, hexavalent 0.1 0.1 Arsenic 0.1 0.1 Cyanide 0.1 0.1 Lead 0.1 0.5 Chromium, trivalent 0.2 1.0 Copper 0.2 1.0 Manganese 0.2 1.0 Nickel 0.2 1.0 Tin 0.2 1.0 Zinc 1.0 1.0 Boron 1.0 4.0 Iron 1.0 5.0 Phenol 0.0 1.0 Free Chlorine 1.0 2.0 Sulphide 0.5 0.5 Oil & Grease Not detectable 10.0 Third Schedule of Environmental Quality Act, 1974 under the Environmental Quality (Sewage and Industrial Effluent) Regulation, 1979, regulation 8(1), 8(2) and 8(3). Represent maximum or absolute values which may not be exceeded. Measurement is taken using a single grab sample rather than a time averaged composite sample 27
ENVIRONMENTAL IMPACT ASSESSMENT (EIA) The aim of EIA is to assess the overall impact on the environment of development projects proposed by the public and private sectors. The objectives of EIA are: 1. To examine and select the best from the project options available 2. To identify and incorporate into the project plan appropriate abatement and mitigation measures 3. To predict the significant residual environmental impacts 4. To identify the environmental costs and benefits of the project to the community. 28
WHY IS EIA SO IMPORTANT? EIA is essentially a planning tool for preventing environmental problems due to action. It seeks to avoid costly mistakes in project implementation, or modifications in order to make the action environmentally acceptable. In Malaysia, EIA is required under section 34A of the EQA. 29
CONCLUSION Addressing environmental issues is imperative in the quest of making Malaysia an advanced nation. Law and legal obligations must be considered obligation must be considered when undertaking any development, which may impact the environment, no matter how small. Professionals and people of various backgrounds play a major role in using their skills to manage and control pollution. The oft-quoted native Indian proverb which was at the heart of the Brundtland Report rings true: We do not inherit the earth from our ancestors, we owe it to our children. 30