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CHAPTER 4
APPROVAL PROCESS OF EIA REPORT
APPROVAL PROCESS OF EIA REPORT IN PENINSULAR MALAYSIA
Section 34A (2) EQA 1974 : any person who is intended to carry out any prescribed activity must submit an EIA report to the Director General
Section 34A (6) EQA 1974: any person who is intended to carry out any prescribed activity must submit an EIA report and get approval from the Director General before commencement of the activity
Approval Process of PEIA Report by DOE
Submission of PEIA Report to the DOE State Offices
One-stop Agency Meeting : comment and verifications from relevant agencies are sought
Approval/ rejection of PEIA Report by State Director
Approval Process of DEIA Report by DOE
Submission of DEIA Report to the DOE Headquarters
Public Display and Comment:Announcement on local newspaper, publishing DEIA Report at all DOE Offices, public and university libraries
DEIA ad hoc Review Panel:Review DEIA Reports and formulate recommendations to the relevant project approving authority
Recommendations arising out of review are transmitted to the relevant project approving authorities for consideration in making a decision on the project
Approval/ Rejection of DEIA Report by Director General
APPROVAL PROCESS OF EIA REPORT IN SARAWAK
PEIA Report
Submission of PEIA Report
Panel commenting on the PEIA Report
Review Meeting
Approval/ Rejection
DEIA Report
Submission of Terms of Reference (TOR)
Ad-Hoc Review Panel decides whether the EIA study is in accordance to the TOR format
Ad-Hoc Review Panel Meeting
Approval/ Rejection
APPROVAL PROCESS OF EIA REPORT IN SABAH
PEIA Report
Submission of PEIA Report
Committee Review
Approval/ Rejection
DEIA Report
Submission of DEIA Report
Public Hearing: 14 days to comment
Review Panel
Agreement of Environmental Conditions
Approval/ Rejection
FACTORS TO BE CONSIDERED PRIOR TO APPROVAL
The factors to be considered by the reviewers in making decision over an EIA Report:
1) Magnitude2) Prevalence3) Duration and frequency4) Risk5) Importance6) Mitigation(see Appendix 10 of EIA Handbook)
Under Section 34A (3) and (4) EQA 1974, before the Director General can approve the EIA Report he shall:
1) Make necessary inquiries;2) Examine whether the report has assessed the
impacts on the environment and proposed mitigation measures; and
3) Examine whether mitigation are adequate
OTHER ASSESSMENT PROCESS
• Apart from EIA report, it appears that there are projects which require special assessment process apart from EIA.
• For an example, in Lynas project, it appears to be two separate assessment process i.e EIA under DOE and the Radiological Impact Assessment (RIA) under the Atomic Energy Licensing Board (AELB).
• These two assessment may give rise to conflicts of interests.
APPROVAL OF EIA REPORT BY APPROVING AUTHORITY
• Section 34A(6) EQA1974: All prescribed activities need to obtain EIA approval from the DG of DOE prior to the giving of approval by the relevant approving authority.
• The Approving Authority is the Government Authority that has task of deciding, whether or not a project should proceed.
The Approving Authority includes the following:
•For Federal Government sponsored projects
The National Development Planning
Committee (NDPC)
•For State Government sponsored projects
The respective State Planning Authorities
•For the State Executive Committee (EXCO)
The Regional Development
Authorities
•For industrial projectsMinistry of International Trade and Industry (MITI) (with due reference
to the Malaysia Industrial Development Authority (MIDA)
Federal and State Jurisdictional Issues
• Article 74 of the Federal Constitution: Matters relating to land, rivers, forest, town and country planning and local government are within the jurisdiction of the respective State Authority.
• At the same time the management of these resources is beyond the scope of EQA 1974 and the role of DOE.
• Thus, the major constraint towards an effective EIA model in Malaysia pertains to the constitutional limitation on its jurisdiction with respect to environmental management.
MONITORING AND COMPLIANCE AUDITING
Activities of the
project
Phsyco chemical impact, biological impact and soci-economic impact
Assessment of impacts
Mitigation enhancement
measures
Monitoring of the environmental
parameters
Compliance audit process
Modifications of mitigation
CONCLUSION
• Successful implementation of EIA is very much depends on the close cooperation between Federal and State Authority but sometimes such cooperation cannot be achieved when there is a conflict of interest between Federal and State Authority in approving the proposed projects.