Environmental Quality Act, 1974

Malaysia has had environmentally-related legislation since the early 1920s . But the legislation is
limited in scope and inadequate for handling complex emerging environmental problems. So through
EQA, 1974, a more comprehensive form of legislation and an agency to control pollution was
established.
EQA is an enabling piece of legislation for preventing, abating and controlling pollution, and
enhancing the environment, or for other related purposes. Pollution, as declared in EQA, includes
the direct or indirect alteration of any quality of the environment or any part of it by means of a
positive act or act of omission. Pollution is controlled through the mechanism of licences issued by
the Department of Environment. The mode of control is by prescribing, by means of a ministerial
regulation, that licences are mandatory for:

The use and occupation of prescribed premises;

Discharging or emitting wastes exceeding acceptable conditions into the atmosphere, as well
as noise pollution, polluting or causing the pollution of any soil or surface of any land;
Emitting, discharging or depositing any wastes or oil, in excess of acceptable conditions, into
inland waters or Malaysian waters.
The provision of "acceptable conditions" is controversial because the polluter is not liable for
prosecution if the discharge are within those acceptable conditions, even if the effluents are sufficient
to severely damage the environment. Most people adversely affected by pollution do not want to
seek legal remedy through common law because of the prolonged nature of such hearings and the
costs incurred.
Currently, 16 sets of regulations and orders are enforced by the Department of Environment under
EQA. Despite government efforts to implement environmental laws and regulations, it has been
found that enforcement measures need to be further enhanced to ensure the full compliance with
laws and regulations.
With regard to monitoring and enforcement, surveillance capability will be strengthened. The penalty
structure related to environment offences will be revised to ensure a more effective deterrent,
especially in the case of repeat offenders. The enforcement function of agencies such as the
Department of Environment, Health Department, Pesticide Board and local authorities will be
rationalized and streamlined, and adequate training will be provided for their enforcement staff.
Environmental laws and regulations One of the three strategies embodied in EQA, 1974, is for the
regulation of pollution. The other two strategies are for preventing and abating any form of pollution.
To bring the law and other environmentally-related laws into effect, the laws and regulations listed
below have been introduced and are strictly enforced by the Department of Environment.

1. Prohibition of discharge of oil into Malaysian waters

Under section 27. (1) No person shall:
Unless licensed, discharge or spill any oil or mixture containing oil into Malaysian waters 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
five hundred thousand ringgit or to impris (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 there in has been served upon him.
No one are allowed to put any waste in the form of any liquid or chemical without any consent from
the government and will be liable and shall be guilty of an offence if proven has done the foresaid
offenses.
2.

Sound Pollution Restrictions on noise pollution

Under section 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.
The source of most outdoor noise worldwide is mainly construction and transportation systems,
including motor vehicle noise, aircraft noise and rail noise. Poor urban planning may give rise to
noise pollution, since side-by-side industrial and residential buildings can result in noise pollution in
the residential area.
Human health
Noise health effects are both health and behavioral in nature. The unwanted sound is called noise.
This unwanted sound can damage physiological and psychological health. Noise pollution can cause
annoyance and aggression, hypertension, high stress levels, tinnitus, hearing loss, sleep
disturbances, and other harmful effects. Furthermore, stress and hypertension are the leading
causes to health problems, whereas tinnitus can lead to forgetfulness, severe depression and at
times panic attacks.

Wildlife health
Noise can have a detrimental effect on animals, increasing the risk of death by changing the delicate
balance in predator or prey detection and avoidance, and interfering the use of the sounds in
communication especially in relation to reproduction and in navigation. Acoustic overexposure can
lead to temporary or permanent loss of hearing. An impact of noise on animal life is the reduction of
usable habitat that noisy areas may cause, which in the case of endangered species may be part of
the path to extinction.

3.

Air pollution

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 odors 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
(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.
Air pollution is the introduction of chemicals, particulate matter, or biological materials that cause
harm or discomfort to humans or other living organisms, or cause damage to the natural
environment or built environment, into the atmosphere. Carbon monoxide : is a colorless, odorless,
non-irritating but very poisonous gas. It is a product by incomplete combustion of fuel such as natural
gas, coal or wood. Vehicular exhaust is a major source of carbon monoxide. Anthropogenic sources
(human activity) mostly related to burning different kinds of fuel "Stationary Sources" include smoke
stacks of power plants, manufacturing facilities (factories) and waste incinerators, as well as furnaces
and other types of fuel- burning heating devices "Mobile Sources" include motor vehicles, marine
vessels, aircraft and the effect of sound etc.
4.

Prohibition of discharge of wastes into Malaysian waters

Under section 29:

(1) No person shall, unless licensed, discharge environmentally hazardous substances, pollutants
or wastes into the Malaysian waters 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 five hundred thousand ringgit or to imprisonment for not exceeding five
years or to both.
Waste from factory and industry has been the most issues in water pollution problem especially
like diesel and oil waste that has destroyed the quality of good water to be supplied to the public.
This prohibition is to control and enforce the restriction on these activities around the country.
From this enforcement, government is able to control and reduce this problem from spreading
and illegally happen everywhere.
5.

Prohibition against causing vehicle, ship or premises to become prescribed

conveyance or prescribed premises

Under section 19, no person shall:

(a) carry out any work on any vehicle or ship, or premises that would cause the vehicle or ship,
or premises to become a prescribed conveyance or prescribed premises, as the case may be; or
(b) Construct on any land any building designed for or used for a purpose that would cause the
land or building to become prescribed premises, without the prior written permission of the
Director General.
Vehicles, ships and land are not allowed to be any premise or conveyance without permission
from the government. This is to control people from illegally make use of any form of
mechanical transport or machinery and any land that will affect the environment.
6.

Restrictions on pollution of the soil

Under section 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.(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.
(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.
7.

Prohibition on open burning

Under section 29a:

(1) Notwithstanding anything to the contrary contained in this Act, no person shall allow or cause
open burning on any premises.
(2) Any person who contravenes subsection (1) shall be guilty of an offence and shall, on
conviction, be liable to a fine not exceeding five hundred thousand ringgit or to imprisonment for
a term not exceeding five years or to both.
(3) For the purposes of subsection (1) open burning means any fire, combustion or smoldering
that occurs in the open air and which is not directed there through a chimney or stack;
premises includes any land.
7.1

Owner or occupier of premises liable for open burning

29B. If open burning occurs on any premises:

(a) The owner; or
(b) The occupier,
of the premises who has control over such premises shall be deemed to have contravened
subsection 29A(1) unless the contrary is proved.
7.2

Under section 29c. (Defense)

In any prosecution under section 29A or 29B, it shall be a defense if the person, owner or occupier
of the premises proves that:
(a) The open burning occurred outside his control or
Without his knowledge or connivance or consent; or
(b) That he:
(i) Took all reasonable precautions; or
(ii) Exercised all due diligence,
To prevent the commission of the offence as he ought to have taken and exercised having regard
to the nature of his responsibility in that capacity and to all the circumstances.
8.0

Power to prohibit use of any material or equipment

Under section 30. The Minister, after consultation with the Council, may by order published in
the Gazette:
(a) Prohibit the use of any materials for any process, trade or industry;
(b) Prohibit whether by description or by brand name the use of any equipment or industrial
plant, within the areas specified in the order.

While under section 30a. , Power to control use of substance and product and to state
Environmental labeling
30A. (1) The Minister, after consultation with the Council, may by order published in the Gazette:
(a) Prescribe any substance as an environmentally hazardous substance which requires the
substance to be reduced, recycled, recovered or regulated in the manner as specified
in the order; and
(b) Prescribe any product as a prescribed product for sale and that the product shall contain a
minimum percentage of recycled substances and to carry an appropriate declaration on its
recycled constituents, method of manufacture and disposal.
Government and the power in this acts, has the right to prohibit on the use of any material or
equipment that is found and proven to pollute the environment and will affect people health
directly or indirectly.

9.0

Prescribed premises to be licensed

Under section 18. (1) The Minister after consultation with the Council may by order prescribe
the premises (hereinafter referred to as prescribed premises) the occupation or use of which by
any person shall, unless he is the holder of a license issued in respect of those premises, be an
offence under this Act.
(1A) The Minister, after consultation with the Council, may by order prescribe the vehicle or ship
used for the movement, transfer, placement or deposit of wastes (hereinafter referred to as
prescribed conveyance) the use of which by any person shall, unless he is the holder of a license
issued in respect of the prescribed conveyance, be an offence under this Act.
Premises need to be registered to declare what type of activity is going to be done and is there
any hazard and pollution to the environment concern. This enforcement will control any
activities that will harm the environment. As a punishment to control, any person found guilty of
an offence under subsection (1) or (1A) shall be liable to a fine not exceeding fifty thousand
ringgit or imprisonment for a period not exceeding two years or to both and to a further fine of
one thousand ringgit for every day that the offence is continued after a notice by the Director
General requiring him to cease the act specified has been served upon him.
10.0

Power to specify conditions of emission, discharge, etc.

Under section of 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.
WASTE TREATMENT AND DISPOSAL:
(a) Toxic and Hazardous Waste:-

(i) Construction of incineration plant.

(ii) Construction of recovery plant (off - site).
(iii) Construction of wastewater treatment plant (off-site).(iv) Construction of secure landfill
facility.
(v) Construction of storage facility (off - site)
(b) Municipal Solid Waste:(i) Construction of incineration plant.
(ii) Construction of composting plant.
(iii) Construction of recovery/recycling plant.
(iv) Construction of municipal solid waste landfill facility.
(c) Municipal Sewage:(i) Construction of wastewater treatment plant.
(ii) Construction of marine outfall.
19. 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.

ENVIRONMENTAL IMPACT ASSESMENT (EIA)

Research and development to identify, predict, evaluate and disseminate information on the environment
of the proposed project and to work out control measures prior(analyze) to a project authorized or
implemented. 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
implementation.
1.0 INTRODUCTION
Since the first system of environmental impact assessment (EIA) was established in the USA in the 1970,
EIA systems have been set up worldwide and become a powerful environmental safeguard in the project
planning process. More than 55 countries have established formal EIA systems, and some reports claim
that over 100 countries have instituted some EIA measures (Haklay et al., 1998). Malaysia has been
quicker than many developed countries to adopt and adapt environmental impact assessment. As a result
of the Environmental Quality Act 1974 and the Third Malaysia Plan, Malaysia has established a
Department of Environment and an Environmental Quality Council. Section 34A of the Environmental
Quality (Amendment) Act 1984, extended environmental impact assessment legislation in 1986 to require
assessment for all public or private projects likely to have major environmental effects. In 1988 full
implementation with environmental impact assessment was made mandatory for certain industrial
developments (Barrow, 1997).
Abstract

In Malaysia, EIA is required for activities prescribed under the Environmental Quality (Prescribed
Activities) (Environmental Impact Assessment) Order 1987. The EIA system was further strengthened by
the passing of the Conservation of Environment Enactment 1996 and the Conservation of Environment
(Prescribed Activities) Order 1999. The overall objective of the Prescribed Activities Order is to regulate
and mitigate activities associated with land development and the utilization of natural resources. This
paper hopes to highlight the features of the EIA procedure in Malaysia under the Environmental
Conservation Department (ECD), which are flexibility and transparency.

Characteristic and Problems Of Environmental Impact Assessment (Eia) In Malaysia

As a decision making tool, EIA is heavily influenced by the nature and structure of a local planning
process. But in spite of the differences in the planning process, the EIA process can be generalized
and divided into 5 stages (Haklay et al., 1998):
i. Screening - The Step where the authorised body decides whether or not an EIA is needed. In most
cases, decision is based either on lists in the EIA regulation, on the base of project type, or on the
sensitivity of the project environment.
ii. Scoping - Determining the scope of environmental issues to be scrutinized in the EIA, defining the
scope for each issue.
iii. Impact Assessment Assessment of each topic selected in the scoping stage.
iv. Report preparation
v. Post Project Analysis

EIA systems have also been reported having the following features and limitations:
i. In any EIA the judgments will be subjective, either in whole or in part. This is a consequence of
many factors: the lack or inadequacy of baseline data, the time frame provided for the EIA, and the
capacity of the assessors to cover a wide range of issues (Pastakia, 1998).
ii. The reports are generally voluminous, with considerable inclusion of data, and no real account of
the process of argument by which judgments were arrived at (Pastakia, 1998).
A number of other EIA issues and problems have been identified in Malaysia, and these are
comparable to those experienced in other developing countries (Memon, 2000). Examples include:
Lack of awareness of the strength of the EIA as planning tool:
Perceptions that carrying out an EIA study would delay project approval and implementation.

 EIA is not carried out prior to final project design, so that issues such as siting and technology are
not considered.
Lack of baseline data on environmental quality.
Poor prediction of impacts.
Limited public participation.
Conclusion
A major function of planners is to promote the best use of a communitys land and resources for
different construction projects. Transportation projects typically involve both environmental and
economic issues facing a community as it grows and changes. Considerations of sustainability, as
well as the widespread use of collaborative planning, design, and construction, require tools that
facilitate long-term impact analysis and easy communication among built-environment professionals.
Environmental impact assessment (EIA) is instrumental for studying transportation project impacts,
but it is a time-consuming process because of the large number of dependent and independent
variables involved.