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Federal constitution in Malaysia Article 74 together with the Ninth Schedule of the constitution deal with the distribution of legislative power. Environmental protection is not emphasize exclusively-not mentioned as a subject in any three Legislative List. Existence of both federal and state environmental legislation results in unnecessary overlaps and duplications.
Federal constitution in Malaysia Article 74 together with the Ninth Schedule of the constitution deal with the distribution of legislative power. Environmental protection is not emphasize exclusively-not mentioned as a subject in any three Legislative List. Existence of both federal and state environmental legislation results in unnecessary overlaps and duplications.
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Federal constitution in Malaysia Article 74 together with the Ninth Schedule of the constitution deal with the distribution of legislative power. Environmental protection is not emphasize exclusively-not mentioned as a subject in any three Legislative List. Existence of both federal and state environmental legislation results in unnecessary overlaps and duplications.
Copyright:
Attribution Non-Commercial (BY-NC)
Formati disponibili
Scarica in formato PDF, TXT o leggi online su Scribd
Malaysia ¢ Challenges in jurisdiction of environmental issues ¢ Environmental Quality Act 174
¢ Environmental Impact Assessment
(EIA) Federal constitution in Malaysia ¢ Article 74 together with the Ninth Schedule of the Constitution deal with the distribution of legislative power: ¢ Federal List
¢ State List
¢ Concurrent List Federal List
¢ Covers 27 headings including:
¢ External affairs, defence, internal security, civil and criminal law procedure, finance, commerce, industry, communication and transport, surveys, education and publications. State List
¢ Covers 13 headings including:
¢ Islamic law
¢ Land
¢ Agriculture
¢ Forestry
¢ Local Government
¢ Water Concurrent List
¢ Covers 12 subjects including:
¢ Social welfare
¢ Public health
¢ Drainage and irrigation
¢ Housing
¢ Power, electricity, agriculture and
forestry (concurrent subjects in Sabah and Sarawak) Challenges in jurisdiction of environmental issues. ¢ Environmental protection is not emphasize exclusively-not mentioned as a subject in any three Legislative List. ¢ However, environmental problems related to various subjects in the Federal, State and Concurrent List. ¢ Arguments on the distribution of responsibility for combating air and water pollution ¢ ¢ Existence of both federal and state environmental legislation results in unnecessary overlaps and duplications. ¢ i.e Federal and state govern. Set various env. Standard for air and water quality, in the case Bakun Dam project, DOE director vs Anor/ Kajing Tubek, the court was asked to decide which of the two sets of env. Laws sholud be followed: ¢ EIA Order 1987 law under EQA 1974 or
¢ Natural resources and Environmental Order
1994 Sarawak law under Natural Resource Ordinance 1949 Environmental Quality Act 1974 (EQA) ¢ EQA forms the legal basis for the environmental regulations in Malaysia ¢ Objectives: prevention, abatement and control pollution and enhancement of environment through curative measures (enforcement monitoring) and preventive measures (EIA, integrated project planning) ¢ EQA came into force on 15 April 1975 ¢ EQA is applicable to the whole of Malaysia (It is a Federal Law and Act of Parliament) ¢ EQA 1974 provides several aspects (Part II: administration, Part III: licenses, Part IV: Prohibition and control of Pollution, Part V Appeal and Appeal Board) ¢ Has a clear/specific aspects regarding environmental pollution ¢ Part IV : Prohibition and control of Pollution ¢ Section 22: Restrictions on pollution of atmosphere ¢ Section 23: Restrictions on noise pollution ¢ Section 24: Restrictions on pollution of the soil ¢ Section 25: Restrictions on pollution of inland waters ¢ Section 29A: Prohibitions on open burning ¢ EQA provides administration aspects; ¢ Establishment of the Environment Quality Council (16 members) ¢ Director General of environment appointed to coordinate all activities relating prevention and control of pollution and to enhance quality of environment ¢ Provides Regulations and Orders of Environmental Quality: l Air pollution l Water pollution l Noise pollution l Waste treatment and disposal l EIA: Section 34A ¢ Eg. Environmental Quality (Prescribed Activities) (Environmental Impact Assessment) Order 1987 ¢ Environmental Quality (Clean Air) Regulations 1978 ¢ Procedures/guidelines: env. guidelines for planner and project developers ¢ The Act has been amended twice ¢ 1985- A636 ¢ 1996- A953 ¢ 1985 Amendment: ¢ Malaysia committed to the concept of sustainable development ¢ Concerned with the EIA/insertion of Section 34A regarding report on impact on the environment results from prescribed activities. ¢ In mid-1980s motor vehicles created air pollution ¢ Insertion to section 48 of the principal Act / regarding power to test and prohibit the use of vehicle • The 1996 amendment: • Concerned with the better management and more effective control of hazardous waste and products that are considered environmentally unfriendly
• Insertion a provision for prescribed substances
• Weaknesses in implementing organizational policies • Insertion of environmental audit • To promote research in relation to any aspects of pollution • Establishment of research cess and end environmental fund • EQA 1974: fines imposed by courts too small • Increased penalties for non-compliance The Needs of EQA, 1974 ¢ Environmental related legislation has a limited scoped ¢ Were not specifically designed to address environmental problems ¢ but rather to promote sound practices in specific sectors in line with government policies ¢ Cannot cope with the increasingly complex environmental pollution that we face today ¢ Largely sectoral in character, focusing on specific areas of activity ¢ Ex. Mining enactment 1929, forest enactment etc ¢ Difficult to enforce: no references and guidelines ¢ Separate legislation between Federal and States: difficult to monitor env. problems ¢ Enforcement agency is not stated ENVIRONMENTAL IMPACT ASSESSMENT (EIA) Introduction..
¢ Essentially a planning tool for
preventing environmental problems due to an action ¢ EIA required under section 34A of the EQA 1974 (Amend 1985) ¢ Came into force on 1 April 1988 What is 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 EIA
¢ Management tool to avoid environmental
problems due to any taken action ¢ To reduce high cost in development project due to environmental damage ¢ Giving early information on environmental impacts and then proposed suitable mitigation measures ¢ Giving important information in order to make best decision in development Prescribed activities subject to EIA
¢ All activities under Environmental Quality
(Prescribed Activities) (Environmental Impact Assessment) Order 1987 ¢ 19 categories of industry required to submit EIA reports EIA Procedure
¢ Involved three stages:
1. Preliminary Assessment 2. Detailed Assessment 3. Review of Detailed Assessment Preliminary Assessment ¢ Identify the status of the project during early project planning ¢ Identify alternative projects, further consideration of benefits and disbenefits of projects. Mitigation measures of the negative impacts on environment should be identify and included in project planning ¢ Identify important residual impact of environment ¢ Preliminary Assessment report will be reviewed by Department of Environment Detailed Assessment ¢ Subject to the projects which have importance residual effects identified during previous preliminary assessment ¢ Report includes details study of impacts of the activities and proposed a significant mitigation measures ¢ Determine the environmental cost and benefit from the projects to the society ¢ Detailed report reviewed by EIA technical committee/review panel ¢ Review panel appointed for specific projects ¢ If accepted, detailed assessment review documented and send to approving authority ¢ If report is not accepted more information is required from project initiator ¢ Review panel will review report once again Review of Detailed Assessment Report ¢ Detailed assessment report reviewed by Review Panels ¢ Review panels appointed are specialist in a specific environmental field to be studied ¢ Opinions from these specialist are needed by approving authority ¢ The report will be studied and decision will be made within 3 months ¢ Public participation is needed during detailed assessment and review of detailed assessment Outline of EIA Procedure