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MBG1223

ASSIGNMENT 6

SANGEETHA A/P ARJINAN

ENVIRONMENTAL LAW Issues involving environment nowadays are very common to be heard no matter in which part of the earth. Malaysia is also one of the countries which encounter environmental issues. There are three main types of environmental issues namely involving land, water and also air. Land issues are mainly occurred by the deforestation, landslide, land erosion and also the waste disposal. For air, it occurs as a result of open burning and emission of smokes. Meanwhile the water, it involves the domestic and industry waste disposal into the lake, river or sea. Generally all those pollution are occurring as a result of human behavior which manipulates the natural environment to suit the need of todays daily lives. In the process of manipulation, construction industry is one of the industries which contribute to the environmental issues. It starts from the house we live, the road we travel and ends in the buildings we work in and socialize. The issues in construction industry can be caused by the following reasons namely by the project itself, size of the project, location where the project is located, material used and the activities involved in the project. Minimizing the scope to the environmental issues in construction site, there are few issues can be found. Mainly it is pollution related to dust and noise, landslide and flood. In construction site, the pollution is mainly caused by the using and handling of material in the site. Handling the machineries in site would make a lot of noise and the excessive noise is considered as noise pollution. Sometime executing one activity could cause the existence of much pollution. For instance, in large projects activities involving removing vegetation and reshaping topography would make the soil vulnerable and lead to erosion. The soil removed by erosion would become airborne and

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ASSIGNMENT 6

SANGEETHA A/P ARJINAN

create dust problem which will pollute the air. If the dust is carried by water, it could pollute the water also.1 If there is pollution in construction site, it could affect all the workers in site, nearest neighborhood and the quality of water and air. As a step of prevention, abatement, control of pollution and enhancement of the environment, Environmental Quality Act 1974 is used. The sections in Environmental quality Act 1974 which controls the pollution are as follows:Power to specify conditions of emission, discharge, etc. 21. The Minister, after consultation with the Council, may by regulations specify the acceptable conditions for the emission, discharge or deposit of environmentally hazardous substances, pollutants or wastes or the emission of noise into any area, segment or element of the environment and may set aside any area, segment or element of the environment within which the emission, discharge or deposit is prohibited or restricted. Restrictions on pollution of the atmosphere 22. (1) No person shall, unless licensed, emit or discharge any environmentally hazardous substances, pollutants or wastes into the atmosphere in contravention of the acceptable conditions specified under section 21. (2) Without limiting the generality of subsection (1), a person shall be deemed to emit or discharge wastes into the atmosphere if: (a) he places any matter in a place where it may be released into the atmosphere; (b) he causes or permits the discharge of odours which by virtue of their nature, concentration, volume or extent are obnoxious or offensive; (c) he burns any wastes of the trade, process or industry; or
1

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ASSIGNMENT 6

SANGEETHA A/P ARJINAN

(d) he uses any fuel burning equipment not equipped with any device or control equipment required to be fitted to such equipment. (3) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable to a fine not exceeding one hundred thousand ringgit or to imprisonment for a period not exceeding five years or to both and to a further fine not exceeding one thousand ringgit a day for every day that the offence is continued after a notice by the Director General requiring him to cease the act specified therein has been served upon him. Restrictions on noise pollution 23. (1) No person shall, unless licensed, emit or cause or permit to be emitted any noise greater in volume, intensity or quality in contravention of the acceptable conditions specified under section 21. (2) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable to a fine not exceeding one hundred thousand ringgit or to imprisonment for a period not exceeding five years or to both and to a further fine not exceeding five hundred ringgit a day for every day that the offence is continued after a notice by the Director General requiring him to cease the act specified therein has been served upon him. (3) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable to a fine not exceeding one hundred thousand ringgit or to imprisonment for a period not exceeding five years or to both and to a further fine not exceeding one thousand ringgit a day for every day that the offence is continued after a notice by the Director General requiring him to cease the act specified therein has been served upon him. Restrictions on pollution of the soil 24. (1) No person shall, unless licensed, pollute or cause or permit to be polluted any soil or surface of any land in contravention of the acceptable conditions specified under section 21.

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ASSIGNMENT 6

SANGEETHA A/P ARJINAN

(2) Notwithstanding the generality of subsection (1), a person shall be deemed to pollute any soil or surface of any land if (a) he places in or on any soil or in any place where it may gain access to any soil any matter whether liquid, solid or gaseous; or (b) he establishes on any land a refuse damp, garbage tip, soil and rock disposal site, sludge deposit site, waste- injection well or otherwise used land for the disposal of or a repository for solid or liquid wastes so as to be obnoxious or offensive to human beings or interfere with underground water or be detrimental to any beneficial use of the soil or the surface of the land. Restrictions on pollution of inland waters 25. (1) No person shall, unless licensed, emit, discharge or deposit any environmentally hazardous substances, pollutants or wastes into any inland waters in contravention of the acceptable conditions specified under section 21. (2) Without limiting the generality of subsection (1), a person shall be deemed to emit, discharge or deposit wastes into inland waters if (a) he places any wastes in or on any waters or in a place where it may gain access to any waters; (b) he places any waste in a position where it falls, descends, drains, evaporates, is washed, is blown or percolates or is likely to fall, descend, drain, evaporate or be washed, be blown or percolated into any waters, or knowingly or through his negligence, whether directly or indirectly, causes or permits any wastes to be placed in such a position; or (c) he causes the temperature of the receiving waters to be raised or lowered by more than the prescribed limits. (3) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable to a fine not exceeding one hundred thousand ringgit or to imprisonment for a period not exceeding five years or to both and to a further fine not exceeding one thousand ringgit a day for every day that the offence is continued after a notice

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ASSIGNMENT 6

SANGEETHA A/P ARJINAN

by the Director General requiring him to cease the act specified therein has been served upon him. Apart from the pollution, waste disposal in construction site also considered as an environmental issue. The construction cycle do produce large quantities of waste. The waste during the construction is the materials which is excessive and needed to be disposed. Some of the materials could not be recycled due to several constraints. Apart from construction period, demolition also emits quite a lot of waste which could not be recycled. In the Environmental Quality Act 1947, there are section about the scheduled waste as follows :Prohibition against placing, deposit, etc., of scheduled wastes 34B. (1) No person shall (a) place, deposit or dispose of, or cause or permit to place, deposit or dispose of, except at prescribed premises only, any scheduled wastes on land or into Malaysian waters; (b) receive or send, or cause or permit to be received or sent any scheduled wastes in or out of Malaysia; or (c) transit or cause or permit the transit of scheduled wastes, without any prior written approval of the Director General. (2) The Director General may grant the written approval either subject to conditions or unconditionally. (3) For the purpose of this Act, any act of receiving or sending, or transit of any scheduled wastes with an approval obtained through falsification, misrepresentation or fraud or which does not conform in a material way with the relevant documents in such form as may be prescribed, shall be an offence. (4) Any person who contravenes this section shall be guilty of an offence and shall be liable to a fine not exceeding five hundred thousand ringgit or to imprisonment for a period not exceeding five years or to both.

MBG1223

ASSIGNMENT 6

SANGEETHA A/P ARJINAN

Apart from the sections in the Environmental Quality Act 1974, the disposal of waste are also regulated using the Environmental Quality (Scheduled Waste) Regulations 2005. The main regulations regarded to waste disposal are as follow : Regulation 1 Regulation 2 Regulation 3 Regulation 4 Regulation 5 Regulation 6 Regulation 7 Regulation 8 Regulation 9 Regulation 10 Regulation 11 Regulation 12 Regulation 13 : Citation and commencement : Interpretation : Notification of the operation of scheduled wastes : Disposal of scheduled waste : Treatment of scheduled wastes : Recovery of material or product forms scheduled waste : Application for special management of scheduled waste : Responsibility of waste generator : Storage of scheduled wastes : Labeling of scheduled wastes : Waste generator shall keep an inventory of scheduled wastes : Information to be provided by waste generator, contractor and occupier of prescribed premises : Scheduled wastes transported outside waste generators premises to be accompanied by information Regulation 14 Regulation 15 Regulation 16 Regulation 17 : Soil or accidental discharge : Conduct of training : Compounding of offences : Revocation

Other than the said regulations, the environmental issues are also governed by The Environmental Quality (Prescribed Activities) (Environmental Impact Assessment) Order 1987 (EIA Order 1987). This order is to ensure that an environmental impact assessment (EIA) process conducted for the

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prescribed activities stated in the order. The EIA process will help the decision makers to access the impact of development toward the environment. According to The Environmental Quality (Prescribed Activities)

(Environmental Impact Assessment) Order 1987 (EIA Order 1987) Environmental Impact assessment required for the following :1. Airport: a) Construction of airports (having an airstrip of 2,500 metres or longer). b) Airstrip development in state and national parks. 2. Land Reclamation: Coastal reclamation involving an area of 50 hectares or more 3. Housing: Housing development covering an area of 50 hectares or more 4. Infrastructure: a) Construction of hospitals with outfall into beachfronts used for recreational purposes b) Industrial estate development for medium and heavy industries covering an area of 50 hectares or more c) Construction of expressways d) Construction of national highways d) Construction of new townships 5. Ports a) Construction of ports b) Port expansion involving an increase of 50% or more in handling capacity per annum 6. Petroleum a) Oil and gas field development

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SANGEETHA A/P ARJINAN

b) Construction of off-shore and on-shore pipelines in excess of 50 km in length c) Construction of oil and gas separation, processing, handling and storage facilities d) Construction of oil refineries e) Construction of product depots for the storage of petrol, gas or diesel (excluding service stations) which are located within 3km of any commercial, industrial or residential areas and which have a combined storage capacity of 60,000 barrels or more 7. Power Generation and Transmission a) Construction of steam generated power stations burning fossil fuels and having a capacity of more than 10 megawatts b) Dams and hydro-electric power schemes with either or both of the following : I. dam over 15 metres high and ancillary structures covering a total area in excess of 40 hectares II. reservoirs with a surface area in excess of 400 hectares c) Construction of combined cycle power stations d) Construction of nuclear- fueled power station 8. Quarries Proposed quarrying of aggregate, limestone, silics, quartzite, sandstone, marble and decorative building stone within 3km of any existing residential, commercial or industrial areas, or any area for which a licence, permit or approval has been granted for residential, commercial or industrial development. 9. Transportation Construction of Mass Rapid Transport projects

MBG1223

ASSIGNMENT 6

SANGEETHA A/P ARJINAN

10. Resort and Recreational Development a) Construction of coastal resort facilities or hotel with more than 80 rooms b) Hill station resort or hotel development covering an area of 50 hectares or more c) Development of tourist or recreational facilities in national parks d) Development of tourist or recreational facilities on islands in surrounding waters which are gazetted as national marine parks 11. Waste Treatment and Disposal a) Toxic and Hazardous Waste Construction of incineration plant, recovery plant (off- site), wastewater treatment plant (off-site), secure landfill facility, storage facility (off- site) b) Municipal Solid Waste Construction of incineration plant, compositing plant, recovery / recycling plant, municipal solid waste landfill facility c) Municipal Sewage Construction of waste water treatment plant, marine outfall 12. Water Supply a) Construction of dams or impounding reservoirs with a surface area of 200 hectares or more b) Groundwater development for industrial, agricultural or urban water supply of greater than 4,500 cubic metres per day. The above were the environmental issues occur in construction site and the law that governs the issues generally. By implementing and following the said act, regulations and order, hopefully the issues on en environment especially in construction site could be reduced.