Together, Protecting
The Environment
Synergizing Stewardship and Commitments
KEMENTERIAN
ALAM SEKITAR DAN AIR
Ministry of Environment and Water
Department of Environment, Malaysia
Copyright 2022 DOE
This publication may be reproduced in whole or in part and
in any form for educational or non-profit purpose without
special permission from the copyright holder; provided
acknowledgement of the source is made. No part of this
publication may be made for resale or any other commercial
purpose whatsoever without prior permission in writing from
the Department of Environment, Malaysia.
ISBN 978-967-2845-16-4
CREDITS
ADVISOR
Wan Abdul Latiff Wan Jaffar
EDITORS
Dr. Norhazni Mat Sari
Prof. Dato’ ChM. Dr. Mazlin Mokhtar
ChM. Dr. Abdul Rani Abdullah
Zuraini Ahmad Tajudin
Ts. Ir. Shazana Mohd Ibrahim
INFORMATION AND INPUTS
Nur Lizrin Johari
ADMINISTRATION
Abu Bakar Tajuddin
Syed Hafif Najadbudin Syed Hamdan
LAYOUT & DESIGN
Muhamad Afiq Raziq Rosli
Attin Press Sdn. Bhd.
3
FOREWORD
Together, Protecting the Environment: Synergizing Stewardship and Commitments;
should be the top priority for us all, each one of us. Tasks of Department of
Environment (DOE) are becoming more complex and quite complicated nowadays
due to a myriad of policies, declarations, and commitments in which Malaysia,
and its partners are a party to.
Malaysians had progressed quite well over the past sixty-five years or so, in
providing and ensuring better quality of life, prosperity, and peace to all citizens,
trying hard not to leave anyone behind. About thirty years ago, Malaysia was
given the best of the best award by United Nations because of our incredible
and integrated efforts to rescue the ozone layer with environmentally friendly
alternatives to chlorofluorocarbons (CFCs). If we managed to have done so
marvelously then, thus we should be able to do it again today. It is with this spirit
in mind, plus the current collective efforts to fulfill aspirations of Sustainable
Development Goals (SDGs), that we at DOE Malaysia and partners, had met and
wrote collaboratively to produce this special book.
Our environmental footprint is getting larger as we progressed and becoming
more populous. We must step up now in order to live and develop further on a
sustainable basis by protecting our earth together. Every individual, business,
and government has a common and differentiated role to play, and this requires
special strength and strategy from us all. We are very much needed now to work
smartly and collaboratively in all of these efforts for peace and security; and also
for human rights and dignity.
Wastes problem remains as one big problem for Malaysia, especially the plastics
problem. Hopefully the collective efforts of ours, as can be seen in this book, can
spur our thinking and behaviour to manage plastics and solid wastes better and
in an environmentally safe manner. Wastes management also have implications
upon climate change due to its carbon emissions.
Intergovernmental Science-Policy Platform on Biodiversity and Ecosystem
Services (IPBES) reported that pollution is a critical driver of biodiversity loss.
Hazardous substances and other emerging pollutants are also impacting human
and environmental health.
Let’s all in Malaysia, ASEAN region, and beyond, now try to go for a zero-waste
initiative as an important contributor to sustainable development. Let’s all change
for the better in terms of our consumption and production patterns because we
are all still indeed a wasteful lot, throwing away valuable resources, metals, wood,
and food, etc; when we are still so much in debt to Planet Earth, utilizing natural
resources equivalent to more than one planet. Let’s continue with our negotiations
4
to end plastic pollution and wastes, by working closely with all stakeholders, and
to also perhaps spur a new plastics economy, and a circular economy. Currently
it seems, in finding solutions, we must consider the nexus between development,
poverty, and environment, apart from understanding that environmental pollution
transcends borders, and that carbon dioxide emissions would impact our future.
Malaysia is one of the 176 countries in the world today that has environmental
laws; ours is the Environmental Quality Act 1974 (Act 127); which is also going
through a review process by a group of experts, professionals, and practitioners.
However, full implementation and enforcement of these laws is one of the greatest
challenges we face as we seek to address the triple planetary crisis: the crisis of
climate change; the crisis of nature and biodiversity loss; and the crisis of pollution
and waste.
There isn’t any silver bullet, or a one size fits all approach in overcoming the
environmental challenges we face. What’s needed are effective local and national
action; supported by, and grounded in science; with appropriate government
backings to find creative and innovative solutions.
This book is published to convey some of the important topics of discussion that
analysed recent approaches and cases pertaining to several pollution prevention
initiatives. Hopefully the readers will find some chapters to be quite practical to
implement, and also to bring us towards good environmental thinking.
We pray that this book shall encourage all readers, regardless of backgrounds and
interests, to be more proactive and brave to take up stewardship at appropriate
levels in maintaining and enhancing a beautiful and clean environment that fosters
better behaviour, collaboration and cooperation in finding creative and innovative
solutions to the many challenging environmental problems in this dynamic and
diverse world.
Happy reading, rethinking, recycling, re-doing, researching, re-advocating,
rebuilding, recommunicating, and leading for the better.
“Environment, Our Shared Responsibility”
Wan Abdul Latiff Bin Wan Jaffar
Director General,
Department of Environment,
Malaysia.
5
PREFACE
We know of the crucial importance of environmental health for human health
since long time ago, but still we could not help but continue to destroy and
degrade the environment as we move on with our development and livelihoods.
There is so much evidence we had gathered over the past many years that show
the terrible degree of damage and losses we had caused to the earth. These
included complex cases of air and water pollution, deforestation and biodiversity
loss, landslides and soil erosion, also greenhouse gas emissions and climate
change. These are also compounded with poverty including urban poverty and
hunger, and natural resource depletion as well as environmental problems.
Creative and innovative solutions are very much needed nowadays particularly in
comfounting increasing human population, and expansion of urbanised areas, as
well as increase demands upon foods and green spaces. These much hoped for
solutions definitely need to be generated via multi stakeholder and multi discipline
cooperation and collaboration, because Sustainable Development Goals (SDGs),
targets, indicators, strategies and activities are all inextricably linked. Planning
and actions at local levels are indeed important initial steps toward a national,
regional, and global solution.
All these had stimulated us to prepare this special book, to hopefully trigger and
catalyse further actions amongst the targeted readers out there; the decision
and policy makers; advocators, politicians, community, elected officials, capacity
builders, government servants, NGO and civil society leaders; professors and
academic professionals, and influencers.
Hopefully, the publication of this special book will spur all readers, and partners
to work smarter and more efficiently towards ensuring the people have access
to safe environment, including surface and underground water supplies which
are not polluted by surface runoff from agricultural and urban areas containing
pesticides, nitrates, and other toxic substances; and not-polluted by industrial and
municipal wastes.
Hopefully too, this book will encourage us all to collaborate and cooperate
with each other better in ensuring that pollution and development processes
will not damage forests, soils, air, biodiversity, water, geodiversity, and other
environmentally sensitive areas, mangroves, wetlands, estuaries, coral reefs, and
other productive terrestrial and aquatic areas; and aerospace.
6
We believe that progress towards finding effective solutions to a myriad of
complex and complicated sustainable development problems, and realisation
of the potential benefits and opportunities inherent in these coming years of an
ever increasingly interesting world, supported by smart technologies; creative
thinking and innovative practices will mobilise all individuals, especially you, the
reader, and the circle of family, friends, groups, communities, organisations and
institutions that you can influence.
Creation or review of, and strengthening of agreements, policies, laws, blue
prints, roadmaps, economic activities, modes of education and training; citizen
engagement and participation will rely on a solid foundation of public consensus
of which you can be a part of; in our continuing journeys toward sustainable
development via various integrated and holistic approaches.
Together, we must protect the environment!
Thank you.
Editors
October 2022
7
CONTENT
Credits 3
Foreword 4
Preface 6
Chapter 1 Environmental Governance in Malaysia 11
Chapter 2 The Role of EIA in Environmental Management in 45
Malaysia
Chapter 3 Environmental Quality Monitoring & Assessment 67
Chapter 4 Management of Air Quality and Climate Change 101
Chapter 5 Pollution Load Control and TMDL Options for 125
Chapter 6 Malaysia 143
Sewage Management in Malaysia
Chapter 7 Malaysia Without Water Pollution: Are We Dreaming 177
the Impossible?
Chapter 8 Non-Point Source Pollution: Issues & Challenges in 209
Malaysia
Chapter 9 Marine Water Quality Challenges into the 21st 227
Century
Chapter 10 Scheduled Wastes Management in Malaysia 251
Chapter 11 Chemicals Management in Malaysia 265
Chapter 12 Environmental Forensics and its Application in 281
Environmental Management
Chapter 13 Communication During an Environmental Crisis 307
Chapter 14 Effective Management of Environmental Health in 331
Malaysia
Chapter 15 Community Participation in Environmental 347
Management
Chapter 16 Issues and Challenges of Municipal Solid Waste 379
Management in Malaysia: Current Trends and The
Way Forward
Chapter 17 Collaborative Environmental Management: Local 407
Government and the Community
Chapter 18 Development of Tropical Green Hospital in Malaysia 427
for Sustainable Environment
Our task must be to free ourselves ... by
widening our circle of compassion to
embrace all living creatures and the whole
of nature and its beauty.
- Albert Einstein
Tropical Jungle, Kundasang, Sabah
Chapter 1
Environmental
Governance in
Malaysia
ENVIRONMENTAL GOVERNANCE IN MALAYSIA
Wan Abdul Latiff Wan Jaffar, Norhazni Mat Sari, Zuraini Ahmad Tajudin &
Shazana Mohd Ibrahim
INTRODUCTION
Human evolution has radically transformed the relationship between human civilization
and the ecosystems of the earth. In the past, the basic things that human require for
survival were essentially food, water, shelter, clothing and other needs without having
an adverse impact on the environment. However, the relationship which used to be
balanced and in harmony with nature has changed into human becoming its exploiter
for their own benefit especially with the beginning of industrial revolution and modern
capitalism.
From a religious perspective, God has entrusted the earth to human beings. Although
the earth is created to serve the purposes of man, it should never be degraded,
contaminated or immoderately exploited. Its resources are available to humanity but are
to be used in ways that are sustainable and without harmful impact to the environment
and the ecological balance.
Environmental stewardship is in fact an integral part of Islam. The Quran has highlighted
the evil and selfish desires of man that has caused pollution and environmental
degradation:
“Corruption has spread on land and sea as a result of what people’s hands
have done, so that Allah may cause them to taste the consequences of some
of their deeds and perhaps they might return to the Right Path”.
Ar-Rum (Sura 30: Verse 41)
Ethics and moral standards are deeply rooted in one’s religion, customs, and culture.
Religion has a strong impact on an individual more so than any other influencing factors.
The cradle of our civilisation and diverse culture has vastly been influenced by religion
and its associated activities. The concern to protect the environment should start from
an individual by assimilating ethical principles in oneself which can go a long way in
reducing carbon footprint and ultimately preserve the environment.
Environmental governance and sustainability are a complex matter. This subject matter
can be intimidating as too many aspects relating to the environment requires due
attention. At the speed the country is presently being developed, the rate of environmental
management efforts needs to be intensified as it also raises environmental issues.
12
CHAPTER 1
Environmental Governance in Malaysia
Environmental Stewardship and Management Framework in Malaysia
The Federal Constitution of Malaysia has one of the most elaborate schemes for
the distribution of legislative powers. It provides the Federal, State and Concurrent
Legislative Lists. The Federal List covers 27 headings which include external affairs,
defence, internal security, civil and criminal law and procedure, finance, commerce,
industry, communication and transport, surveys, education and publications. The
State List has 13 headings which includes Islamic law, land, agriculture, forestry, local
government and water. The Concurrent List covers 12 subjects such as social welfare,
public health, drainage and irrigation and housing. The Constitution also provides
supplementary State and Concurrent lists regarding certain subjects in relation to the
states of Sabah and Sarawak.
However, when it comes to environmental issues, the Lists do not explicitly demarcate
the boundaries of federal and state powers. Therefore, from a constitutional standpoint,
the responsibilities over environmental issues cannot be precisely divided between
federal and state governments. Environmental protection is not mentioned as a subject
in any of the three (3) Legislative Lists. Nevertheless, environmental issues are related
to various subjects in the Federal, State, and Concurrent Legislative Lists. It is time for
Malaysia to enshrine the right to a clean and sustainable environment in its constitution.
Malaysia enacted its first environmental legislation framework in 1974 in the form of the
Environmental Quality Act 1974 due to rapid industrialization which led to worsening
water pollution especially from the agro-based industries. When the EQA was gazetted,
Malaysia embarked on a journey towards environmental pollution control program
which initially focused on industrial pollution which generates effluent, air emission and
scheduled wastes problems. It is believed that the EQA 1974 is under the Federal List
due to these reasons, though “environment” does not fall under both lists. Subsequently,
the establishment of an enforcement agency named the Environment Division was
formed. In 1983, it was renamed as the Department of Environment (DOE).
Under Malaysia’s administrative framework, DOE has been placed under various
Ministries from Ministry of Science, Technology and Environment, Ministry of Natural
Resources and Environment, Ministry of Energy, Science, Technology, Environment and
Climate Change and Ministry of Environment and Water. DOE has a comprehensive
jurisdiction over environmental administration related to industrial activities and is
charged with formulating environmental rules and regulations, enforcing legislation, and
carrying out monitoring in relation to water pollution, air pollution, scheduled wastes
and development projects subjected to EIA. The EQA 1974 grants broad powers to the
Director General of DOE including the authority to oversee environmental regulations
in general and to make proposals regarding law enforcement, to issue various licenses
for preventing discharge of pollutants, and to monitor and prosecute cases of non-
compliance with the regulations as well as for the enhancement of the environment.
13
Another environmental administrative organization in Malaysia is the Environmental
Quality Council (EQC). As stipulated under the EQA 1974 Section 4 Establishment of
the Environmental Quality Council, the council’s role is to advise and provide guidance
to the Minister. It is a national advisory body for environmental issues in Malaysia and the
council membership is made up of representatives amongst ministries representatives
from petroleum industries, palm oil and rubber industries, Federation of Malaysian
Manufacturers, academia, representatives of nature conservation groups, and
representatives from the State Governments of Sabah and Sarawak. The appointment
of the EQC members for each term is for a three (3) year period.
The Malaysian economy has achieved rapid growth. Along with these changes,
environmental issues have gained far greater exposure than before. Malaysia now faces
a diverse and more complex range of environmental issues. As a result, the EQA 1974
Act has been amended six (6) times since it was first enacted. Enactment, including
policies that focuses on prevention of environmental pollution rather than those that
are more corrective or preventive in nature. Hence, preventive measures, in the form of
Environmental Impact Assessment (EIA), were introduced in the 1985 amendment of
EQA 1974.
In relation to the government’s development and socioeconomic policies and strategies,
better known as Malaysia Plan (MP) which was first introduced in 1965, environmental
agenda was not incorporated into the plan until the Third Malaysia Plan, covering the
years 1976 to 1980. At that point of time, environmental policy aiming at integrating
environmental concerns into development planning was introduced. Since then, with the
Fifth Malaysia Plan (1986-1990) the government has made its environmental policies
more substantial and concrete. The current Twelfth Malaysia Plan (2021-2025) states
that the objectives of ‘A Prosperous, Inclusive, Sustainable Malaysia’, encompasses the
first half of the Wawasan Kemakmuran Bersama 2030 (WKB 2030). The overall direction
of the Twelfth Malaysia Plan is aligned to the 2030 Agenda, representing Malaysia’s
commitment in implementing the 17 Sustainable Development Goals (SDGs). This is
reflected in the policies, programmes and projects in the Twelfth Malaysia Plan. Ensuring
protection of the environment and natural resources is one of the important areas under
the 2030 Agenda.
In a nutshell, DOE has been working towards achieving the SDG Agenda 2030 which
was introduced in 2015 with 17 SDGs at its core since the formation of the department
in 1983. In the effort to achieve SDG Goal No.11 Sustainable Cities and Communities,
DOE has installed a total of 65 air quality monitoring stations throughout Malaysia
that includes amongst other key air quality parameters, measurement of Particulate
MReagttuelrat(iPonMs2.52).01In4 addition, the enforcement of the Environmental Quality (Clean Air)
with more stringent emission limits and the requirement to install
continuous emission monitoring system (CEMS) will help in making cities and human
settlements inclusive, safe, resilient, and sustainable.
For the purpose of realizing SDG Goal No. 6 Clean Water and Sanitation, DOE has
conducted enforcement on industries and EIA projects for compliance with the EQA 1974
14
CHAPTER 1
Environmental Governance in Malaysia
especially on effluent discharge. Moreover, 1353 river manual water quality monitoring
stations and 30 continuous river water quality monitoring stations were installed for the
monitoring of 672 rivers throughout the country (DOE Annual Report, 2020). In addition,
the IR 4.0 approach was introduced for reporting and monitoring of effluent, sewage and
leachate discharge via a system named Online Environmental Reporting (OER). These
measures were taken to ensure availability and sustainable management of water and
sanitation for all.
Numerous initiatives have been implemented to achieve SDG Goal No.12 Responsible
Consumption and Production. This includes the 168 household e-waste collection centre
to facilitate the public in managing their wastes. E-waste is categorised as scheduled
waste under the SW 110 code stipulated in the First Schedule of the Environmental
Quality (Scheduled Waste) Regulations 2005 and needs to be managed by recovery
facilities licensed by DOE. In 2020, there are 410 licensed premises by DOE for waste
recovery facilities in Malaysia. To ensure sustainable consumption and production, the
circular economy concept has been incorporated into the ministry’s policy which include:
» Waste to Energy (WTE)
» Cement production on alternative raw material/ alternative fuel
» Towards Zero Single Use Plastics
» 3R’s - Reduce, Reuse, Recycle
Environmental, social and governance (ESG), on the other hand, serves as a wake-
up call to investors to prioritise a more sustainable approach to investment decisions.
The Malaysian government has made strides to mitigate climate change and elevate
ESG issues in the country’s journey towards becoming a low carbon economy. Efforts
have been made by the government and regulatory bodies in Malaysia in laying the
foundation to catalyse ESG action by businesses. Sustainability considerations are
now clearly embedded in listing requirements and codes of corporate governance, and
actively monitored by investors, analysts and society.
The National Policy on the Environment 2002 was introduced to protect and conserve
the environment and natural resources in order to meet the needs and aspirations of
Malaysian society, particularly with regard to productive capacity of resources such
as land, forests, biodiversity and water. There are three (3) objectives that are to be
achieved, namely; (1) A clean, safe, healthy and productive environment for present and
future generations, (2) Conservation of a unique and diverse culture and natural heritage
with the effective participation of all sectors of society, and (3) Lifestyle, consumption
patterns and sustainable production.
This policy aims to integrate environmental considerations into development activities
and related decision-making processes, to foster long-term economic growth and human
progress, and to protect and improve environmental quality. It complements and adds to
the environmental dimension contained in other national policies, such as forestry and
industrial policies, and also takes into account international conventions of universal
importance. There are eight (8) principles set under this policy to harmonize the goals of
economic growth and environmental preservation as listed below:
15
i. Environmental Monitoring;
ii. Conservation of Resilience and Diversity of Nature;
iii. Continuous Improvement of Environmental Quality;
iv. Sustainable Use of Natural Resources;
v. Integrated Decision Making;
vi. The Role of the Private Sector;
vii. Commitment and Accountability; and
viii. Active Participation in the International Community.
Environmental Challenges and Government Initiatives Towards Enhancement of
Environmental Governance and Sustainability
Environmental governance will be continuously strengthened to enable better
management of the environment and natural resources. In this regard, efforts will
be undertaken to improve policies and legislation, institutional framework, and local
authorities. The implementation of these initiatives will ensure comprehensiveness
and robustness in managing environmental issues. DOE has taken various initiatives
in controlling pollution as well as in environmental management through the Divisions
set under the Development and Operational Sectors of DOE which implement policies
imposed by the ministry. These efforts will be elaborated further in the subsequent
chapters of the book.
DOE Strategic Plan
DOE has launched its Strategic Plan 2021 – 2030 in October 2022 which is a
comprehensive document in setting clear goals and targets towards achieving
environmental sustainability by 2030. This direction and strategy for a period of 10
years from 2021 to 2030 is designed based on four (4) main thrusts as depicted in
Figure 1.1. Additionally, the DOE Strategic Plan on Digitalization 2021 – 2030 has
also been introduced in 2022 with a mission to empower the digitalization in delivery of
comprehensive environmental services. It comprises four (4) strategic thrusts as listed
below:
i. Fortifying a Comprehensive and Inclusive Data-Driven Digital Services;
ii. Strengthening ICT Infrastructure and Cyber Security;
iii. Building a Comprehensive Digital Governance; and
iv. Empowering Competency and Cultivation of Digital Culture.
16
CHAPTER 1
Environmental Governance in Malaysia
Smart Enforcement
Increase in efficiency and effectiveness of enforcement actions,
self-regulation and strengthening environmental legislation with the support
of advanced technology and equipment
Sustainable Malaysia
Building strong commitment and continuous cooperation from all
stakeholders in empowering environmental management through
sustainable development and strengthening the Communication,
Education and Public Awareness (CEPA) related to the environment to
cultivate a sustainable lifestyle for society
DOE Excellence
DOE's performance in implementing its mandate to empower the
governance system through innovative and effective delivery of
implementation, action plans and initiatives.
Global Eminence
Global eminence with the support of strategic plans and initiatives to
elevate the department to national, regional and international levels through
information and communication technology for easy access.
Figure 1.1: DOE Strategic Plan 2021 – 2030
Environmental Impact Assessment for Sustainable Development
The Environmental Impact Assessment (EIA) procedure in Malaysia has been
developed primarily as a planning tool for new development projects or for the
expansion of existing development projects. EIA is a statutory requirement for
activities prescribed under Section 34A of the EQA 1974. In 2016, the EIA Guidelines
in Malaysia was revised by DOE to fulfil the requirements under the provision
of Section 34A(2c) of the EQA 1974 and the Environmental Quality (Prescribed
Activities) (Environmental Impact Assessment) Order 2015.
Under the Eleventh Malaysia Plan, DOE implemented the Environmental
Sustainability Project beginning 2016 and ending in 2020. This project is to
strengthen and empower the implementation of EIA Procedures in Malaysia under
the EQA 1974 through the publication of 32 EIA Guidelines for specific activities
(Table 1.1). These guidelines are intended to assist project proponents, consultants,
and relevant stakeholders in understanding the current requirements in preparing
the EIA reports in terms of the scope related to environmental impact, technology,
design, pollution control and environmental management.
17
Table 1.1: EIA Guidelines Published under the Eleventh Malaysia Plan
(Source: DOE Annual Report, 2020)
NO. EIA GUIDELINES
i Environmental Essentials for Siting of Industries in Malaysia
ii Guidance Document and Land Disturbing Pollution Prevention and Mitigation
Measures (LDP2M2)
iii EIA Guidelines for Development in Coastal Areas and Marine Parks
iv EIA Guidelines for Development in National and State Parks
v EIA Guidelines for Development in Slope and Hills Area
vi EIA Guidelines for Quarry and Mining
vii EIA Guidelines for Land Reclamation and Dredging
viii EIA Guidelines for Development of Ports
ix EIA Guidelines for Petroleum Industries
x EIA Guidelines for Petrochemical Industries
xi EIA Guidelines for Radioactive Materials And Radioactive Wastes
xii Guideline for EIA Consultant Registration
xiii EIA Guidelines for Industry: Cement
xiv EIA Guidelines for Industry: Lime
xv EIA Guidelines for Industry: Chemical
xvi EIA Guidelines for Industry: Non-ferrous
xvii EIA Guidelines for Industry: Iron and Steel
xviii EIA Guidelines for Industry: Pulp and Paper
xix EIA Guidelines for Industry: Shipyard
xx EIA Guidelines for Agricultural Activities
xxi EIA Guidelines for Fisheries Activities
xxii EIA Guidelines for Forestry Activities
xxiii EIA Guidelines for Housing, New Township and Industrial Estate Development
xxiv EIA Guidelines for Transportation and Road
xxv EIA Guidelines for Aerodrome
xxvi EIA Guidelines for Management and Disposal of Scheduled Wastes
xxvii EIA Guidelines for Management and Disposal of Solid Wastes
xxviii EIA Guidelines for Management and Disposal of Sewage
xxix EIA Guidelines for Drainage and Irrigation Activities
xxx EIA Guidelines for Water Supply Activities
xxxi EIA Guidelines for Power Generation and Transmission activities
xxxii EIA Guidelines for Construction of Dam
18
CHAPTER 1
Environmental Governance in Malaysia
Apart from that, DOE also provides environmental input for development planning
to project developers, state governments, local authorities, and land offices.
The technical environmental inputs provided are important to ensure that the
environmental legal requirements are complied with. Hence, the environmental
aspects are given due consideration in the decision-making process. In 2020, a total
of 12,631 environmental inputs were provided by DOE state offices. Environmental
inputs are provided to relevant agencies such as Ministry of Housing and Local
Government, MIDA, Ministry of Domestic Trade and Consumer Affairs and
Ministry of Water, Land and Natural Resources in relation to development planning
coordination, local plans, national physical plan study, foreign and local industrial
investment, environmentally sensitive areas studies, oil and gas field development
and development activities in the highlands.
In 2007, the EIA Consultants Registration Scheme was introduced and has
become a legal requirement under the EQA 1974 which requires all EIA consultants
to be registered with DOE prior to carrying out any EIA studies. In addition, the
Environmental Audit Registration Scheme was also implemented to ensure that
only a qualified person can conduct third-party environmental audits. Environmental
Audit is a requirement under Section 33A of the EQA 1974. The environmental
audit and audit reporting are in accordance with the established procedures and
guidelines. The implementation of the audit is one of the self-regulation approaches
to ensure continuous compliance with the EQA 1974.
DOE Strategic Enforcement: Sectoral Approach Enforcement
The enforcement of EQA 1974 is the key function of DOE. DOE has set targets to
increase compliance in ten (10) industrial sectors for the year 2022 in line with the
stipulations of the 2022 DOE Enforcement Action Plan which covers metal finishing
and electroplating industries, paper, metal manufacturing, plastics, non-metallic
minerals, edible oil refining, food and beverage, chemical industry, rubber-based
and petroleum refining. These industries are identified as having poor compliance
in 2021, especially industrial premises which generates industrial effluent. In 2021,
DOE successfully increased the number of overall enforcement inspections to
22,679 as compared with the 22,555 inspections in 2020.
To ensure compliance under the EQA 1974, DOE also embarked on a high-
impact initiative through smart enforcement operation dubbed Ops Gempur where
inspections were conducted on 2,707 premises from various industries throughout
the country. Ops Gempur is a large-scale operation conducted on randomly selected
factories, in collaboration with various agencies. A total of 10,396 enforcement
actions under EQA 1974 were conducted on industrial premises which failed to
comply with the provisions of the Act. This action included 7,050 compounds, 173
Equipment Operation Detention (POK), 2,799 order notices, 6 prohibition orders,
21 license suspensions and a total of 347 investigation papers were initiated for
prosecution in court. The total collection of penalties in 2021 was as high as RM13.1
million. Another strategy for the coming years is to enhance environmental forensics
for DOE.
19
Accurate and timely information can be a powerful tool to mitigate harmful
pollution. Public cooperation in providing information about activities that pollute
the environment is a huge help to DOE as well. DOE always takes firm and
uncompromising action against environmental offenders. DOE provides platform for
the public to report any environmental misconduct through hotline or complaints via
e-Aduan system. Thus, DOE could also publish a guidance or manual for the public
as what has been published by the USEPA in 2003 a document named “Community
Environmental Awareness: Become the Eyes and Ears of Your Community”.
Enforcers do not have the resources to be everywhere all the time. Therefore, the
public become the eyes and ears in their communities to report on potential threat.
The Friends of the Environment Programme (Rakan Alam Sekitar, RAS) launched
by the DOE in 2009 applies the same concept, which is explained further in the
subsequent sections.
Adopting Circular Economy Concept for Responsible Businesses
Most of the sectors in Malaysia are practising a linear economy concept, which
continues to be resource-intensive and inefficient, while generating a high volume
of waste and causing pollution. With the fast depletion and slow regeneration as
well as the deteriorating quality of natural resources, there is an urgent need to shift
towards a circular economy.
A linear economy traditionally practices the take-make-use-dispose approach
where raw materials are extracted, then transformed into products that are used
until they are finally discarded as waste. Hence, value is created by producing and
selling as many products as possible. Meanwhile, a circular economy follows the
3R approach where resources use is minimised, reuse of products is maximised,
and materials are recycled back into the manufacturing loop. In this system, value
is created by focusing on value conservation.
Circular economy implies putting resources back into environmental and economic
systems, thus reducing material losses through reusing and preventing waste.
Design for circularity is the starting point in the development of any new product or
service in the circular economy, with durability, reuse, repair, remanufacturing, and
recycling in mind. The circular economy will be achieved through, among others,
improved product design and manufacturing, innovative sharing-economy models,
and enhanced recycling mechanisms. The transition to a circular economy will yield
significant efficiency gains and reduce pressure on the environment and natural
resources. It will also deliver a more innovative and competitive economy as well as
create new opportunities for green growth. Efforts to enhance the circular economy
under the scheduled waste management is on-going especially for the sectors of
e-waste and metal hydroxide which support the principle “waste to wealth’.
The transition from a conventional linear economy to a circular economy is needed
for more sustainable and responsible businesses and investments. It represents a
systemic shift that builds long-term resilience, generates sustainable businesses
20
CHAPTER 1
Environmental Governance in Malaysia
and economic opportunities, as well as provides environmental and societal
benefits. Therefore, businesses will be encouraged to adopt the circular economy
concept in investment, design, production and logistics of products and services.
The last Saturday of each month has been designated as e-waste collection day
nationwide by the Ministry of Environment and Water. This initiative is to ensure
that electrical and electronic waste, or e-waste, is collected and recycled more
systematically and safely. E-waste is categorised as a scheduled waste with the
SW110 code, under the Environmental Quality (Scheduled Waste) Regulations
2005. To ensure that e-waste collected from households is handled safely and does
not pollute the environment, e-waste must be collected and processed by facilities
licensed by the DOE. E-waste can also become a resource because it contains
various types of precious metals that can be recycled. This is one of the many
ways of implementing circular economy concept in the management of scheduled
wastes.
Mainstreaming Green Industry Practices
The industry also needs to take the initiative to adapt the concept of cleaner
production and green industry practices through the application of green technology.
Adapting cleaner production would allow for savings to be made in raw materials,
water, and energy, allow disposal, reduction and/or replacement of hazardous
materials, and help in the reduction in quantity and hazardousness of waste and
emissions.
Under the Eleventh Malaysia Plan, DOE implemented various projects and
programmes to support the national vision of becoming a developed country.
With the theme of Mainstreaming Green Industry Practices Among Small and
Medium Enterprises (SME) Towards Green Growth, DOE conducted a number
of programmes which aims to strengthen Green Industry practices among SME
towards sustainable production and to reduce Green House Gases (GHG) emission.
Through this program, DOE aims to:
» Support the Carbon Footprint reduction initiative in line with the national target
to reduce 45% of Green House Gases emission by 2030
» Increase SME environmental compliance
» Inculcate Guided Self-Regulation (GSR)
» Create a competitive and environmentally friendly SMEs
» Increase sustainable resources consumption in line with the 2030 Agenda for
Sustainable Development Goals (SDG)
With the aim to strengthen the Green Industry Institutional Mechanisms, DOE
has promulgated the Green Industry Operating Procedures of Cleaner Production
and fine tune the ‘Guidelines for Green Industry Auditors’. These documents act
as a platform for information sharing on Green Industry practices and Cleaner
Production to enhance capacity building of DOE officers.Efforts for Green Industries
are incorporated in the Twelfth Malaysia Plan.
21
Telemonitoring System
The Continuous Emission Monitoring System (CEMS) was developed to assist
DOE in monitoring air pollution. The CEMS provides information on the release of
pollutants such as oxygen, carbon monoxide, carbon dioxide, sulfur dioxide, and
nitrogen dioxide by various industrial premises which include palm oil mills, cement
factories, electric power plants, and petrochemical factories. Through CEMS, DOE
have access to air pollutant emission data remotely, which are assessed and
reported online for enforcement purposes. It is also aimed at assisting DOE in the
control and enforcement of environmental pollution conveniently and effectively.
The continuous monitoring system will be extended to the monitoring of effluent and
sewage discharges from wastewater treatment system. Various agencies under
the ministry are currently looking at the possibility to construct centralized effluent/
sewage treatment system which would also accept pre-treated effluent from
the surrounding industries. This in turn will greatly enhance DOE’s enforcement
activities as less premises will be required for inspection and will hopefully improve
the ambient water quality as the centralized treatment system will be equipped
with advanced technology in treating the effluent to a more stringent standard.
The Republic of Korea applies the Water Tele-Monitoring System to manage water
quality. It is an online 24-hours monitoring system for effluent from wastewater
treatment facilities comprising automatic measuring equipment installed in each
facility.
Currently, the effluent discharge from industries in Malaysia is reported via the
Online Environmental Reporting System (OER) developed by DOE in which the
industries are required to report on a monthly basis. However, with the installation
of continuous monitoring system as practiced in other countries, real-time data
can be monitored by the owner and DOE for immediate response in case of non-
compliance. This system ought to be introduced once the centralized effluent/
sewage treatment system project takes off.
New and Improved Environmental Law
The Ministry of Environment and Water through DOE is making an effort to
empower environmental enforcement through the amendment of the EQA 1974
to include, amongst other element, heavier penalty for polluters and strict action
could be taken against those who fail to follow environmental regulations. Through
the amendments, it is hoped to boost environmental enforcement, including
imposing the maximum compound, so that people will think twice about polluting the
environment. It is also hoped that the new law will solve cross-jurisdictional issues.
22
CHAPTER 1
Environmental Governance in Malaysia
Empowering the Role of Stakeholders
Enforcement of the Environmental Quality Act 1974 and its regulations is supported by
1,130 Department of Environment (DOE) enforcers at the state and district levels. The
effectiveness of environmental management and regulatory action needs to be supported
by various stakeholders such as government agencies at the federal and state levels,
industrial sectors, NGOs and the general public. The involvement of these stakeholders
is necessary in the early stages of development planning until the operational stage.
The then Ministry of Science, Technology and the Environment developed the National
Policy on the Environment in 2002 aiming at enhancing the quality of life of its people
through environmentally sound and sustainable development and to provide guidance to
all stakeholders in ensuring that the environment is clean, safe, healthy, and productive.
Various guidelines have also been introduced by DOE as reference for the stakeholders
in ensuring that the environmental management component is considered at all stages
of national development. It is hoped that this element will be used as a basis for the
formation of legislation and regulations under the respective agencies.
Empowering Federal Government Agencies
Initiatives to strengthen environmental governance must be considered in the
development of policies and procedures in all Ministries. The formation of Ministry of
Environment and Water (KASA) in 2020 is in line with the government’s decision to
allocate the responsibility of water management and environmental sustainability to
it. It is aimed at facilitating synergy between water resources and water services i.e.
two aspects of water management. KASA is leading the effort towards Sustainable
Malaysia 2030 through 35 formulated initiatives as depicted in the Environmental
Sustainability in Malaysia 2020 – 2030 Roadmap (Figure 1.2).
23
1 CLEAN RIVERS 2020 2023 2025 2030 20 GREEN INVESTMENT 2020 2023 2025 2030
(Increase in %) 357 5% 10% 25% (Gross Domestic Product) RM20 bil RM50bil RM70bil RM100bil
2 AIR QUALITY clean rivers GDP
(Reduction in % from 2020 level with
annual average of PM2.5 µg/m3) 25 µg/m3 25% 10% 5% 21 GREEN JOBS
Initiation (Number of jobs created)
Figure 1.2: Environmental Sustainability in Malaysia 2020 – 2030 Roadmap 3 MALAYSIA ENVIRONMENTAL Malaysia Malaysia Biennial 145,000 160,000 180,000 222,000
(Source: KASA, 2020) PERFORMANCE INDEX (MyEPI) reporting jobs created
(Report) Environmental Environmental
24
Performance Index Performance Index 22 MyHIJAU MARK GREEN
PRODUCT AND SERVICE
Report 2023-2024 Report 2025-2026 (Revised Sept 2022) (Number of green products 5,000
and services) green
ENVIRONMENTAL SUSTAINABILITY products and 15,000 25,000 50,000
IN MALAYSIA services
4 STRENGTHENING ENVIRONMENTAL Concept Development 2020 - 2030
GOVERNANCE IN MALAYSIA and of detailed Implementation Enforcement 23 GOVERNMENT GREEN
(Completion stage) roadmap of roadmap PROCUREMENT
direction (Gross Domestic Product in %)
20% 40% 50% 100%
Initiation
5 METEOROLOGICAL AND 75% 80% 85% 90% GREEN GROWTH 1 policy
GEOPHYSICAL SERVICES EFFICIENCY efficient 32% 25% 20%
(Efficiency in %) 190 Lcd 180 Lcd 160 Lcd 24 DEVELOPMENT OF CARBON document &
13.5% 15% 20% PRICING POLICY INCLUDING
10 1 domestic Domestic Domestic
6 WATER EFFICIENCY 6 7 100% THE DOMESTIC EMISSIONS emissions emissions trading emissions
a) Non Revenue Water (NRW) 87% 90% 95% trading platform
(Treated water lost in %) 35% 80% 90% TRADING PLATFORM trading platform platform (UNFCCC
treated water 1,500 mLd (voluntary (ETS)
b) Domestic Water Consumption 50 mLd 150 mLd (Number of document and standard)
(Litre/capita/day) lost standard)
205 The Ministry of Environment and platform)
Litre/capita/ Water (KASA) is leading the effort
day YB Dato’ Sri Tuan Ibrahim towards Sustainable Malaysia 2030. In 25 PLAN ON ACHIEVING 3 documents
bin Tuan Man essence, 35 initiatives are built upon NATIONAL 2050 NET-ZERO prepared: NDC
7 TREATED WATER RESERVE 13% four thrusts; empowered governance, GHG EMISSIONS ASPIRATION Initiation Roadmap, LT-LEDS &
MARGIN reserve Minister of KASA green growth, strategic collaboration (Number of document) National 2050 Net-
margin and social inclusiveness, covering the Zero GHG Emissions
8 FINANCIAL SUSTAINABILITY YB Dato’ Mansor atmosphere (air), hydrosphere (water),
a) Water Supply 4 water bin Othman lithosphere (land) and biosphere (living Aspiration
(Number of water operators) operators Deputy Minister of KASA things). We plan to collaboratively
b) Sewerage 83% OPEX YBhg. Dato’ Seri enhance the planetary health which 26 DRAFTING THE NATIONAL Act implemented
(OPEX Recovery in %) Recovery Ir. Dr. Zaini bin Ujang all of us depend on. CLIMATE CHANGE ACT
Secretary General of KASA (Number of document) Initiation Draft National Draft National and undergo
Climate Change Climate Change Act reassessment
Act Finalize and review
processes
EMPOWERED GOVERNANCE
9 URBAN CONNECTED SEWERAGE 78% 27 LOW CARBON CITIES Initiation 50 100 200
SERVICES IN 11 MAJOR CITIES population (Number of low carbon zones –
covered central business district, industrial
10 WATER RECLAMATION mill<io5ns of areas, universities, towns)
(Millions of Litres/day) Litres/day
LOW CARBON MOBILITY
28 (Number of electric vehicle charging Initiation 1,500 5,000 10,000
11 ESTABLISHMENT OF NATIONAL GHG station – AC & DC Chargers)
CENTRE
(Completion stage in %) 20% 80% 90% 100% STRATEGIC COLLABORATION 29 PROTECTION OF <2 km 15 km 24 km 30 km
1.6 mill 2.0 mill 2.5 mill 3.0 mill VULNERABLE COASTS 18% 49% 79% 100%
12 FLOOD RISK MANAGEMENT people 100% (Stretch in kilometres)
(Number of people protected) protected 70% 80%
24 30 INTEGRATED RIVER BASIN
13 PARIS AGREEMENT COMPLIANCE 10% 7 12 9 MANAGEMENT PLAN
/ NATIONALLY DETERMINED 7 9 (Number of studies
CONTRIBUTION (NDC) Initiation completed)
(Achievement in %) Initiation
31 ESTABLISHMENT OF WASTE 2 3 4 5
14 RESEARCH ON CLIMATE CHANGE TO WEALTH FACILITIES new
AND SEA LEVEL RISE (Number of facilities) facilities
a) Climate Change
(Number of studies completed) 32 MALAYSIA’S ROADMAP Pollution charge Voluntary
b) Sea Level Rise TOWARDS ZERO SINGLE- imposed Extended Producer
(Number of studies completed) USE PLASTIC (2018-2030) Draft Circular Responsibility (EPR) Mandatory
Economy nationwide fully implemented EPR fully
implemented
15 PORTAL OF N-HYDAA HYDRO- Roadmap for
CLIMATE AND MAIN Plastics
a) N-HyDAA (NAHRIM-Hydroclimate Initiation 100% 20% 100% 33 NATIONAL RIVER TRAIL 220km 1,000 km 5,000 km 10,000 km
Data Analysis Accelerator Initiation (IPCC AR5) (IPCC AR6) (IPCC AR6) a) Stretches in kilometers 3
(Achievement in %) Index AR4 Index AR5 Index AR6
b) Solid waste management in locations
b) MAIN (Malaysia Adaptation Index) 8 SOCIAL INCLUSIVENESS river reserve area (No Man’s 17% 6 9 12
(Report category) 300 Land)
recycling
16 RESEARCH ON WATERBORNE DISEASE Initiation 58 6 34 RECYLING RATE FOR rate 30% 35% 50%
(WBD) 100 150 3 SCHEDULE WASTE
(Establishment coverage) Initiation 100% (Increase from 2020 level Concept In Establishment
a) Number of Research Initiation 13 in %) operation of National
b) Number of Parameters Initiation 12
35 ESTABLISHMENT OF Environment Trust
17 UNDERGROUND WATER STORAGE/ 80% 90% YAYASAN KELESTARIAN
DAM ALAM MALAYSIA, MyAlam
(Number of studies completed) (Completion stage)
18 COMMERCIALIZATION Prepared by:
(Number of innovation products/ Strategic Planning And International Relation Unit, KASA (July 2020)
commercialized technology)
For further information contact us
19 NATIONAL BIOSAFETY at [email protected]
FRAMEWORK (NBF)
(Completion stage in %)
CHAPTER 1
Environmental Governance in Malaysia
These initiatives were designed based on four thrusts namely empowered
governance, green growth, strategic collaboration, and social inclusiveness,
covering the atmosphere (air), hydrosphere (water), lithosphere (land) and
biosphere (living things).
Incentives provided by the government to the private sector should also be expanded
so that it becomes a catalyst for the private sector to allocate financial resources
for the purpose of environmental pollution control and sustainability efforts. The
government has mooted various initiatives to accelerate green technology
adoption by the private sector. For easier financing access, the introduction of
Green Technology Financing Scheme 2.0 (GTFS) helps to provide financial aid
to companies, with the government guaranteeing 60% of the loan amount and
providing a 2% rebate on the interest or profit rate charged.
The Environmental Quality Act 1974 provides delegation of powers by the Director
General to several agencies that have been identified for the purpose of enforcing
pollution control including pollution control from open burning activities, erosion
and siltation control and marine pollution control. The agencies include the Royal
Malaysia Police, Fire and Rescue Department and Department of Irrigation and
Drainage which are believed to have the expertise and assets to assist the DOE in
carrying out investigations. For instance, the Department of Irrigation and Drainage
which is the responsible authority has the expertise to approve the Erosion and
Sludge Control Plan based on the Urban Stormwater Management Manual for
Malaysia. Similarly, the delegation of open burning investigation powers is given to
the Fire and Rescue Department which hold forensic expertise in helping DOE to
identify the causes of fires.
Although this delegation provision has come into force, implementation wise is still
unsatisfactory. This is due to human resource constraints and existing functions
of the agency. The powers of investigation granted are also limited and does
not include the power to impose enforcement actions such as compounding and
prosecution in court. In this regard, there is a need for improvement and monitoring
at the implementation stage by a coordinating committee beyond Ministry level as
this delegation of authority is seen as an effective measure that can help resolve
pollution cases more rapidly and efficiently. The power to compound and prosecute
offences is also under study to be delegated to the relevant agencies in order to
enforce the Environmental Quality Act 1974 holistically.
Empowering State Government Agencies
Planning is an important part of ensuring sustainable development in supporting the
principle of environmental management. The State Government is also encouraged
to develop a blueprint on new environmental policy or revise the existing ones and
impose it at state level. Several examples of environmental policies introduced by
the State Government include the banning of plastics importation by the Negeri
Sembilan State Government, introduction of ‘No Free Plastic Bag’ by Penang
State Government by charging 20 cents for each plastic bag, and Malacca State
Government has set a target to realize the vision of Melaka Town of Green
Technology 2020.
25
Alternatively, the State Government can also adapt environmental policies formed
at the Federal level into the formulation of enactments or legislation at the state
level or even directly implement the existing federal government environmental
policies. We hope to foresee, apart from the national environmental legislation, local
governments also play an important role by administering and enforcing the national
laws as well as enacting region-specific regulations (local government ordinances).
For the specific approach of river water management, the Total Maximum Daily
Load (TMDL) concept is under study to be implemented by the State Government.
Through this concept, development projects located above the water intake points
can be controlled at the planning stage. For instance, industries at risk of exerting
pollution to the rivers such as industries generating large quantities of waste and
chemical industries should be prevented from being located at the area upstream of
the water intake points. The State Government can declare or designate an area as
an area requiring TMDL imposition. Selangor and Negeri Sembilan, for example, can
use the Selangor Waters Management Authority Enactment 1999 and the Waters
Act 1920, respectively, to enable the development and implementation of TMDL
as solely state programmes with some level of Federal support. States with strong
water resources-related legislations or enactments and institutional powers can
immediately implement the TMDL approach. TMDL is an important concept which
can be implemented at state level and the State government is recommended to
look at it seriously as a paramount approach in preserving or better yet improving the
river water quality in each state. Through the Eleventh Malaysia Plan budget, DOE
has taken the initiative to conduct a study on the development and implementation
of TMDL for Sg. Semenyih and Sg. Beranang.
There is a misapprehension about the environmental impact of economic growth.
Environmental problems are not caused by economic growth, but by the absence of
effective environmental policy designed for environmental protection. It should also
be noted that there are at least 34 Acts related to environmental matters and various
regulations, rules and orders passed for the purpose of environmental protection
in Malaysia. There is nothing incompatible with capitalism and environmental
protection if rules are in place that control the environmental impacts of the
products and services we make and use. With those rules in place, a concern for
environmental sustainability can and will permeate everyday decision-making in the
private, non-profit and governmental organizations we all benefit from.
Control of pollution sources through Zero Discharge initiatives should also be
implemented to improve the quality of river water and the surrounding ecosystem
and further reduce the negative impact of any activities that produce wastewater.
Commitments from the state government in ensuring that the water resources
are always preserved are paramount. It is high time for Malaysia to enhance the
implementation of the Polluters Pay Principle (PPP) as practiced in other countries.
This policy requires a convicted polluter of the environment (including rivers) to
pay a certain amount to cover the cost of restoring the damaged environment to its
former condition. The PPP is grounded in Principle 16 of the Rio Declaration on the
Environment and Development 1992 (the Rio Declaration), to which Malaysia is a
26
CHAPTER 1
Environmental Governance in Malaysia
party. Currently, Malaysia has only imposed licence to contravene the acceptable
conditions for the discharge of industrial effluent, mixed effluent, leachate and
sewage as stipulated in the EQA 1974.
Environmental elements need to be included in enactments or legislations at the
state level. Based on the Federal Constitution, matters involving water resources
management, mineral management, forest management, livestock, and solid waste
management for states are under the State Government and control can be made
by enacting State laws and enforced by state agencies.
For example, to regulate mining activities, the Federal Government has enacted
the Mineral Development Act 1994 and the State Minerals Enactment. The Mineral
Development Act 1994 is enforced by the Federal agencies while the State Minerals
Enactment is the responsibility of state agency. The Mineral Development Act 1994
sets out the powers of the Federal Government on matters relating to the inspection
and regulation of exploration, prospecting and mining of minerals and mineral ores
and for other related matters. While the States Minerals Enactment provides for the
rehabilitation of a mining project. The regulation of water resources management
at the state level is the responsibility of the State Water Regulatory Authority. The
Department of Environmental Protection, Sabah and the Natural Resources and
Environment Board, Sarawak also have legal provisions and powers to control
pollution in Sabah and Sarawak.
Any pollution control from activities related to the above matters can also be
implemented through tightening the conditions at the planning approval or operating
license stage. These agencies are responsible in enforcing the compliance with
the conditions imposed as well as enforcing stricter actions such as revocation of
operating licenses and heavier fines.
The empowerment of environmental sustainability is also implemented through the
role of the Environmental Exco in each state. Environmental issues which require
advisory services and decisions are discussed in the platform of the Meeting of
Environment Ministers and Members of the Council of State Responsible for the
Environment (MEXCOE). It is aimed as a field of agreement and uniformity of action
for all administrations at the state level to ensure that environmental policies can be
implemented throughout Malaysia.
Integrated enforcement program (Ops Bersepadu) is an excellent and effective
method in conducting inspections on regulated premises as agencies from federal
and state government are involved. Through this program, immediate actions can
be taken under their respective jurisdictions so that it is more effective. For example,
in the case of illegal operation of factories, local authorities will take action to shut
down the premises, while DOE will act against any offences of environmental
pollution.
In strengthening DOE’s intelligence operations and enforcement tactics, effective
environmental management strategies require data sharing on pollution sources
such as industries profile information among relevant agencies particularly with
27
environmental pollution cases involving public interest i.e. the shut down of water
treatment plant or illegal dumping of toxic wastes.
Empowering the Private Sector
Industries and developers ought to establish environmental policies for their
companies taking into account the SDGs and ESG elements to prove their
environmental commitment. This is highly important for the purpose of mainstreaming
the environmental agenda. Top management of the company is responsible in
communicating the said policy to employees at all levels. Clear understanding
of the policy will determine the effectiveness at the implementation stage. More
importantly, environmental protection comes with costs. Full commitment and
enough budget needs to be allocated by the management for the purpose of
environmental compliance.
DOE faces various issues that are seen to have affected the efficiency in carrying
out enforcement actions. As a result, DOE has taken significant and bold steps
to overcome these challenges. The huge gap between the number of DOE
enforcement officers and the number of industrial premises regulated under the EQA
1974 has rendered the Command and Control enforcement approach to become
less effective as the approach requires DOE officers to always be present at the
field. In this regard, DOE has introduced Self Regulation enforcement methods. The
elements of self-regulations include but are not limited to performance monitoring
of the pollution control systems, discharge and emission compliance reporting and
competent person certified by DOE.
The Guided Self Regulation (GSR) approach introduced in 2016 is to be implemented
by industry to compliment the normal enforcement activities conducted by DOE.
DOE has formulated a set of Environmental Mainstreaming Tools, commonly
known as EMT, which must be introduced and implemented by the organizations
and industrial premises in order to embrace the GSR approach. The EMT includes
the following:
» Environmental Policy (EP)
» Environmental Budget (EB)
» Environmental Monitoring Committee (EMC)
» Environmental Facility (EF)
» Environmental Competency (EC)
» Environmental Reporting and Communication (ERC)
» Environmental Transparency (ET)
28
CHAPTER 1
Environmental Governance in Malaysia
Milestone
EE Pride of
Environmental
Excellence
SR Self-Regulation
EM Environmental Mainstreaming
Figure 1.3: GSR Initiative: Pathway Towards Achieving Sense of Pride of
Environmental Excellence
(Source: DOE, 2019)
The ultimate goal of introducing GSR among the regulated community especially
industries and those involved in development projects, is to cultivate Environmental
Excellence (EE) for responsible growth (Figure 1.3). Part of the process also involve
the recognition and the role of a competent person in which they are provided with
platform to discuss and provide the professional views to management with regards to
the environmental regulatory compliance. In actuality, the Self Regulation approach
has been embedded in some of the regulations under EQA1974 introduced by DOE
in 2009 namely the Environmental Quality (Industrial Effluent) Regulations 2009,
Environmental Quality (Sewage) Regulations 2009, and Environmental Quality
(Control of Pollution from Solid Waste Transfer Station and Landfill) Regulations 2009.
In terms of continuous monitoring of water and air quality, a program has been
introduced as an initiative by the government to strengthen environmental quality
monitoring. The Environmental Quality Monitoring Program (EQMP) encompasses
the collection of data for air quality monitoring, river water quality and marine water
quality throughout Malaysia for the purpose of reporting the actual status of the
environmental quality in the country as an effort to monitor, prevent and control
pollution. This EQMP is an improvement from the environmental quality monitoring
system that has been used by DOE from 1995 to 2015 for environmental quality
monitoring.
The EQMP monitoring system serves as an early warning mechanism for
environmental pollution incidents such as haze, oil spills, industrial disasters, and
illegal disposal of hazardous and toxic wastes. Information obtained from this
program are utilized in strategizing DOE enforcement plan on sources of pollution
based on the monitored parameters. It can also assist policy and decision makers
as well as relevant agencies in providing input to the planning of development
projects. Since commencing operations in 2017, all the operating monitoring
stations supplied environmental quality data to DOE.
29
Subsequently, DOE is obligated to publish the environmental quality status through
the Environmental Quality Report as required under Section 3(1)(i) of the EQA 1974
not later than 30th September annually. This report should help the government in
handling pollution issues which could potentially bring harm to the environment and
public health and adopting appropriate control measures accordingly.
Apart from the monitoring program conducted by DOE, certain type of industries
should be given the responsibility to build and operate environmental quality
monitoring stations such as air quality and water quality. This includes industries
which are in areas identified as potentially posing risks to the environment and
public health, for example, due to generation of high pollutant loading or heavy
industries located close to densely populated areas. This measure has been taken
by the then MESTECC/DOE in Pasir Gudang Industrial Area to establish a network
of monitoring stations following the environmental and health crisis engulfing Pasir
Gudang, Johor in 2019. 25 Total Volatile Organic Compounds (TVOC) toxic
gases monitoring stations using Photo Ionization Detector (PID) were acquired
and installed which monitors TVOC gases and triggers an early warning to the
authorities as well as to the public.
Industries and project developers should build good rapports and develop
relationship with the public and other stakeholders. Today, more than ever before,
local communities want to be actively engaged and voice their opinions and
concerns in development projects or industry decisions which impact their daily lives.
This is the very reason why community engagement is vital in industrial business
operations. Industries and project developers are strongly encouraged to engage
with and involve local communities and other stakeholder groups in decisions which
are likely to affect them by organizing townhall session to clarify environmental
issues so that the impact on their living comfort can be minimized. Environmental
issues can be acted upon at an earlier stage to prevent the occurrence of serious
pollution complaints and incidents. Through actively engaging, listening, and
allowing stakeholders to voice their concerns in the decision making process, more
effective and innovative environmental solutions will be achieved.
Empowering Institutions through Research and Expert Services
The central role of academia towards achieving sustainable development goals
should not be neglected. They have been involved in various aspects of DOE’s
line of work. Development of technical guidelines, development of water quality
index and standards, appointed as expert reviewer or panel for EIA Reports,
providing expert opinions and advisory services on environmental issues such as
development projects in environmentally sensitive areas or industrial operations
posing significant impact on the environment. Private and public universities in the
country have also been appointed to conduct environmental studies and research
under the Malaysia Plan for decades.
30
CHAPTER 1
Environmental Governance in Malaysia
Under the Eleventh Malaysia Plan, for example, UPM was appointed to carry out
studies on systematic management of livestock activities and appropriate pollution
control methods to be adopted by the farmers and breeders. Livestock farmers are
more engrossed with the productivity and profits and gave little to no concern on
the waste management aspects. In this regard, DOE has embarked on this project
to expose the livestock farmers with knowledge and awareness on prevention and
controlling of pollution from livestock farming activities and the cooperation with the
Department of Veterinary Services (DVS) is imperative. Under the Twelfth Malaysia
Plan, various universities including UPM and UKM is helping the DOE to develop
Green Campus Project and Sustainable School-Environmental Award Program
(SLAAS) Project.
Empowering Non-Governmental Organizations and the Public
The role of NGOs is well understood and recognized in Malaysia. NGOs also
contribute in environmental education and awareness. NGOs are to look forward
to their role in supporting the government for the welfare of its citizens. This is also
amplified by the lack of faith in the ability of NGOs to drive change in the country
due to the absence of legal framework for NGOs which consequently limits their work.
However, NGOs can play a major role in helping to address some of the country’s
environmental issues. With the aim to empower NGOs and assisting them in
conducting their work and enable them to fulfil their potential, support needs to be
provided and some areas need to be reformed which includes the need for a legal
framework to recognize them, high-level support from local leaders, and engaging
them in policy development and implementation.
Sahabat Alam Malaysia (SAM), Consumers’ Association of Penang (CAP) and
Malaysian Nature Society (MNS) are among the active ones in their efforts towards
achieving sustainable development goals. In terms of policy development, NGOs
can sometimes shed light on complex problems more quickly due to them being less
internally bureaucratic. NGOs can not only provide science-based policy insights for
decision-makers, but also assist with implementation. The role of NGOs in the EIA
Technical Review Committee is essential to bring a balance view for such projects.
Moreover, legally recognizing and establishing NGOs would help them to operate
more effectively and surmount encountered barriers.
Section 3(1)(l) of the EQA 1974 requires DOE to provide information and education
to the public regarding the protection and enhancement of the environment. For
this reason, the Friends of the Environment Programme (Rakan Alam Sekitar, RAS)
was launched on 4 June 2009 with the aim to instil awareness and mobilising the
community to be involved in environmental conservation and preservation activities.
RAS is also acknowledged as the eyes and ears to the relevant government
agencies to report on activities or wrongdoings that can potentially harm or pollute
the environment. RAS consists of school students, institutions of higher learning,
public and private sectors, NGOs, and the community. To date, there are 162,678
RAS members nationwide.
31
A study was carried out under the Eleventh Malaysia Plan budget to examine the
impact and effectiveness of the environmental awareness programs implemented
by DOE and to further strengthen them. Environmental Awareness Programme
Effectiveness Index (MyJAS Index) was developed to help DOE in implementing
better awareness program. To support the growing number of RAS members, the
MyRAS system has also been upgraded to be more comprehensive, intending to
facilitate broadcasting of RAS programmes more widely, managing and also the
monitoring of the effectiveness of environmental programmes organised by DOE.
MyRAS system functions as a one-stop online data centre for environmental
programmes in support of paperless registration in which registered members can
print membership e-cards and e-certificates through the system.
DOE has also collaborated with UTM in producing a guidance document for
integrating the nudge concept in environmental programmes. The document aims
to assist DOE in developing environmental programmes whilst incorporating the
concept of nudge in its implementation, as well as strengthening environmental
sustainability management to foster environmentally-friendly practices among
Malaysians while maintaining their freedom of choice.
DATA SCIENTIST
A major problem for the governance of environmental issues is the so called “silo” effect.
For instance, agencies in the same ministry are acquiring environmental-related data
which are not shared. As a result, there are many projects undertaken by these agencies
which could be similar or redundant. It could also be a project with different objectives
and expected outcomes. Nevertheless, this predicament should be overcome by
creating synergy among all relevant agencies dealing with environmental management
and protection.
There is a growing need for data scientists in the department as it is viewed as a crucial
strategy to assist the top management in designing policies and decision-making. These
days, the “data problem” for government agencies is less about having enough of it but
more about figuring out what to do with all of it – and to do it efficiently. Environmental
data science is a burgeoning field representing the skills, tools, and techniques for
organizing and analyzing large amounts of data to answer the increasingly complex
questions environmental scientists are facing.
Pollution and its impact can be predicted by data scientists based on the available data.
Complex problems can be solved through simple solutions derived from the help of
innovations in artificial intelligence and mathematical algorithms.
Under the Twelfth Malaysia Plan, DOE has embarked on the Big Data Analytic Program.
Through big data analytics, predictive algorithm can be devised for environmental
protection. Using sensor technologies, DOE is able to monitor environmental quality data
in real-time. In terms of regulatory compliance, the CEMS implemented by the industries
to monitor emission quality help DOE in carrying out enforcement of Environmental
Quality (Clean Air) Regulations 2014. Various correlations can be identified through big
data to achieve meaningful conclusion. Relations between pollution level and factors like
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Environmental Governance in Malaysia
land use, type of industries and so on can then be established. This in turn helps DOE
in conducting investigations, finding out potential solutions or even simply documenting
the trend for reporting purposes.
DOE has also embarked on the Digitilization approach in the management of the
environment in Malaysia. DOE has created quite a number of environmental systems to
collect data for the purpose of reporting and monitoring. These include internal systems
to aid DOE in recording vital information and profile of the industries such as EKAS V4.0
and systems for external use like CEMS, EMAINS and NRCEP in which the industries
report their compliance status. There are more projects to come and ongoing in assisting
DOE to carry out enforcement efficiently. Under the 11th and 12th Malaysia Plan, the
EKAS V4.0 system is enhanced to integrate with other systems in DOE. In this way,
most of the system will have more integration and will make the data more useful and
meaningful in the effort to analyze environmental compliance status more holistically.
DOE aspire to develop more officers with the ability and talent in environmental analysis
centred on statistics and data evaluation. Good data interpretation can help strategize
DOE’s next course of action. In the past, DOE engaged external experts to carry out
studies or research. This includes projects given to academia or private consultants.
However, DOE officers are also growing in the context of developing expertise in
analyzing the data acquired and make appropriate recommendations for good decision-
making related to environmental management in Malaysia.
Currently, the air and water quality monitoring data are being processed and analyzed
by the concessionaire. In terms of managing and supplying environmental data, this
issue is imperative in view of the fact that various agencies like the Department of
Statistic Malaysia and other institutional bodies frequently request environmental data
from DOE every year for different purposes. Therefore, DOE officers should be able to
supply these environmental data within a short period of time. This can only happen if
the capability has been developed.
It is important to highlight that this data is supposed to act as a basis in designing new
policy, updating current policy, reviewing existing standards, developing new technical
guidelines, helping DOE in devising an improved annual DOE enforcement program in
prioritizing industries inspection schedule based on the location of the most vulnerable rivers.
STEERING BEHAVIOURAL CHANGES
Strengthening Environmental Education and Awareness
Although, Malaysia is blessed with an abundance of resources and pristine landscapes,
rapid industrialization, urbanization, and population growth can impose adverse impact
on our living environment and future generations. Communication, Education and
Public Awareness (CEPA) strategy is an accepted tool to move stakeholders towards
understanding and adopting sustainable use of natural resources. It is aimed to raise
the level of environmental awareness, knowledge, and skills among nations through a
range of education and training activities aimed at supporting community actions and
behavioural change.
33
The DOE Strategic Plan 2021-2030 Thrust 2: Sustainable Malaysia targets at
strengthening CEPA among stakeholders. It is planned to be achieved through two (2)
initiatives i.e. transformation of people’s thinking and caring attitudes in environmental
sustainability through the nudge approach and enhancing green industry practices
among industries. It is hoped that increased environmental awareness helps to
mainstream public awareness on environmental protection in the national development
agenda.
Hence, DOE has implemented various programs and activities on environmental
awareness as well as disseminating information to all walks of life to build a community
that cares about environmental sustainability. This is in line with the Department’s
Strategic Plan in which the DOE will further enhance smart and strategic partnerships
in the implementation of environmental awareness programs as one of the proactive
measures to address environmental issues. Programs or activities organized by
DOE with the cooperation of the Environmental Strategic Partner (Rakan Strategik
Alam Sekitar) through a Memorandum of Understanding (MoU) involving government
agencies, Institutions of Higher Learning (IPT), schools, industries (GLCs and private
sectors), Statutory Bodies, and NGOs.
Based on the objectives of the awareness program planned, the Department at
Headquarters and State level has organized various environmental-related programs
which are aimed at various target groups such as: community leaders, children, school
students, students of higher education institutions, industry and private sector, non-
governmental organizations, public and local community and government agencies. The
existing CEPA initiatives have also been improved and the Fourth Industrial Revolution
(IR 4.0) technology is utilised to disseminate information effectively. The Environmental
Awareness Program conducted by DOE are as listed in Table 1.2.
Table 1.2: Environmental Awareness Program Conducted by DOE
NO. CATEGORIES EVENT
Environmental exhibition
Sustainable School Awards (Sekolah Lestari
Anugerah Alam Sekitar, SLAAS)
Talks/ Seminars/ Workshops/ Forum/ Dialogue
E-Waste collection program
1. Environmental Campaign and Environmental Awareness Camp (KEKAS)
Education Earth Greening and Tree Planting
Avoid Single-Use Plastic Campaign
Beach Plogging
Environmental Debate Competition
Enviro-Hiking/ Run/ Walk
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Environmental Governance in Malaysia
NO. CATEGORIES EVENT
Earth Day
2. Environmental Celebration World Environment Day (WED)
National Environment Day (HASN)
3. Dissemination of environmental Announcement through the mass media
Announcements via social media (FB, Twitter,
information
Instagram, Youtube)
4. Rakan Alam Sekitar (RAS) Environmental-friendly outdoor program, sports,
programs involving community welfare, etc.
5. Joint Program/ Engagement with SHE program, e-Waste collection, tree planting, etc.
DOE’s Strategic Partners
National Environment Day
The National Environment Day (Hari Alam Sekitar Negara) is an annual event which
has been celebrated since 1989 in conjunction with the Commonwealth Heads
of Government Meeting (CHOGM) for Langkawi Declaration. It used to be known
as National Environment Week which was celebrated on the 21st to 27th of October.
However, starting 2016, National Environment Week has been re-branded to National
Environment Day which is celebrated every 21st of October.
This re-branding is in line with the efforts made towards transforming the environmental
awareness program to gain greater impact to the public. It is aimed at bringing the whole
community to celebrate the spirit of love and care for the environment. The objectives of
National Environment Day include:
i. To promote education and environmental awareness among public;
ii. To provide a platform to all Malaysians in celebrating and appreciating the
environment;
iii. To increase public awareness towards the preservation and conservation of the
environment; and
iv. Enhance and strengthen cooperation between the Ministries and Departments
with external parties such as State Government, industries, private sectors, non-
governmental organizations (NGOs), higher learning institutions, media, and local
community.
It is the intention of the Government that the symbolic determination of this “environmental
festival” day can be felt and remembered by every Malaysian to symbolize the spirit
of togetherness in facing the increasingly complex challenges of environmental
management. The celebration targets various levels of society such as kindergartens,
schools, institutions of higher learning (IPTs), NGOs, local communities, government
and private agencies, industries, and the public.
35
The organization and preparation for the National Environment Day celebration has
gained strong cooperation and support from the State Government as well as Federal
Government Agencies and environmental strategic partners. Commitment from all
parties contributing to the success of the celebration reflects the spirit of unity towards
conserving the environment.
Environmental Awards
Anugerah Langkawi Kelestarian Alam Sekitar (ALKAS)
The Anugerah Langkawi KelestarianAlam Sekitar (ALKAS) is endowed to Malaysian
citizens and organizations in Malaysia who/ which have achieved excellence in the
environmental field. DOE started this program in 1991, in line with the Langkawi
Declaration signed by the Heads of State of the Commonwealth in 1989. The award
nomination is open to the members of the Environmental Quality Council (EQC), the
State Government, GLCs companies and private organizations, non-governmental
bodies, public/ private institutes of higher education and government agencies. This
award consists of a certificate of recognition from Seri Paduka Baginda Yang Di-
Pertuan Agong, a plaque of appreciation from the ministry and cash prize.
Sustainable School-Environmental Award Program (SLAAS)
The Sustainable School-Environmental Award Program (SLAAS) is an award
introduced by DOE in 2005 to emphasize integrated concepts of sustainable schools
in the country by addressing four (4) key components i.e. Management, Curriculum,
Co-Curriculum and Greening. A total of 1,025 schools throughout Malaysia have
participated in this program of which 534 are primary schools and 491 secondary
schools. The whole idea of this award is to assimilate environmental education
and environmental values in schools by creating daily practices in line with the
sustainable development concept. This includes actions like saving electricity
and water, recycling activities and greening of the compound. DOE continuously
improve the program for it to remain relevant and produce a generation that is
environmentally literate and practice sustainable lifestyle.
Star-Rating on Environmental Compliance and Green Industry Practices in
Malaysia
DOE has embarked on a star rating initiative under the Twelfth Malaysia Plan
to evaluate industry’s performance in terms of environmental compliance and
sustainable practices implemented in the premises. DOE currently enforces sixty
thousand over industrial premises throughout the country. In an attempt to challenge
the status quo in regulating these industries, this project is introduced to encourage
and elevate the industries towards environmental excellence.
This program aims at increasing pollution abatement by leveraging information
already collected by DOE and providing it to both industry and public. Industrial
premises will be rated from one (1) to five (5) stars based on their environmental
compliance and voluntary efforts in achieving sustainable development goals. The
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Environmental Governance in Malaysia
result from the assessment will be made available to public to view the industry’s
performance. This way, environmental transparency can be improved while holding
the industries and regulator accountable. Improving the environmental quality
requires concerted effort from the authorities, industries, public, and individuals at
all levels.
The Role of Mass Media
Knowledge, action, and effect are three important characteristics of environmental
sustainability. The way people behave is one important element of sustainable
development. Therefore, it is important that people develop a mindset of preserving and
valuing the environment.
It is undeniable that the mass media has a great influence on people. Thus, it plays an
important role in educating and instilling awareness of environmental management and
protection to the public. By the end of 2021, DOE has reached out to more than a million
individuals through different media platforms. This includes radio stations, TV stations,
YouTube, Facebook, Twitter, Instagram, DOE Official Website, newspapers, magazines,
etc. Promoting and educating public for environmental protection are carried out by DOE
State Offices and DOE Headquarters. KPIs are set to increase public outreach with
the intention to cause greater impact in spreading environmental awareness among
Malaysians.
Steps taken by DOE include disseminating information via major local broadcaster
(prime time slot for dialogue or talk) to discuss important environmental topics strongly
related to the function of DOE. For instance, topic on haze and air quality in Malaysia,
EIA requirements in development projects, environmental disaster and the great number
of efforts put in by DOE to protect the community. It is informative and educative as it
provides basic understanding regarding environmental issues for the general viewers
without technical or science background. People can learn to appreciate these efforts
and indeed mass media is the educational platform for mass education.
Religion and Spiritual Elements
Despite possessing high level of civilization, environmental destruction in this universe
are primarily caused by human. Even though topics on environmental protection and
preservation are always discussed in the media, it can be observed that most of the
actions taken to protect the environment are not associated with human’s relationship
with the Creator. Environmental campaigns should be conducted based upon the
foundation of good teachings of all religions. Religion placed great importance on
human’s relationship with the Almighty, human’s relationship with each other and
human’s relationship with the environment. These fundamental relationships need to
be established and safeguarded so that humans will not deviate from the true purpose
of their creations.
It becomes imperative for all citizens to lead by example in protecting the environment
and its resources. Early education in school and at home is paramount in which good
example should be set by the parents and community leaders. Simple acts to live a
37
greener life would go a long way. Events involving the community, for example, should
incorporate small but significant initiatives to cultivate sustainable living culture, such
as serving food in recyclable materials, avoiding food wastage, etc. DOE has injected
messages on the importance of environmental protection in the Friday Sermons
(Khutbah) as one of the many ways to create awareness and continue to educate people
from all walks of life about their duties and moral responsibilities of a man as khalifa.
Talk shows like Forum Perdana Ehwal Islam has also been a platform for DOE to further
mainstream these environmental issues.
DOE WAY FORWARD TOWARDS A HIGH IMPACT, EFFECTIVE AND
RESPECTED ENVIRONMENTAL ENFORCEMENT AGENCY
Competencies and Capacity Building
Environment Institute of Malaysia (EiMAS) which was officially opened on 2 April 2002 by
Dato’ Seri Law Hieng Ding, the then Minister of Science, Technology and Environment,
Malaysia is the training arm for DOE and has been physically upgraded under the
Eleventh Malaysia Plan (2016-2020) to be a Centre of Excellence for Environmental
Management in Malaysia. The establishment of EiMAS is an important milestone for
DOE as enforcement officers in the field need to be equipped with a set of knowledge
and skills in carrying out inspection and investigation, hence the development of
environmental competency courses. EiMAS aspire to produce competent officers in
upholding their duties in effectively and correctly administering the EQA 1974 and the
regulations and orders made thereunder.
Technical courses offered by EiMAS are outcome-based learning which focuses on
helping industrial personnel to build specific competencies to master a certain skill set.
This type of learning and development is personalized so that industrial personnel only
take the courses that are relevant to them and their role within the organization. In the
effort to maximize the effectiveness of the training program, the training goals were
aligned with DOE’s mission and vision. Gaps in the skills and knowledge of the industrial
personnel are identified to create high-quality learning experiences that will improve
their performance in environmental management.
Since 2006, EiMAS carried out training program for industries so as to enhance
understanding, knowledge and skills towards compliance to environmental requirements.
This includes certification courses, training seminars, management of scheduled wastes
and handling of pollution control equipment. By the end of 2020, EiMAS has successfully
certified a total of 7,580 industry personnel in Malaysia as Competent Persons in
accordance with the requirements of Section 49A of the EQA 1974.
These competent persons who have gone through “minds on” and “hands on” training is
the driver for environmental excellence i.e. the ultimate aim of DOE. They should by now
accomplish continuous regulatory compliance and strive to achieve beyond compliance.
Smart Enforcement
Smart Enforcement aims to increase the efficiency and effectiveness of enforcement
actions and compliance of premises with the EQA 1974. The increase in pollution sources
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Environmental Governance in Malaysia
every year and the complexity of pollution cases demands DOE to implement smart
enforcement using latest technology and artificial intelligence (AI) in empowering the
task of controlling environmental pollution and environmental crime. AI which includes
application of Geographic Information System (GIS), drones, radar systems, thermal
imagers, electro-optical / infrared (EO/ IR) scanning tools and night vision equipment
will help to empower DOE enforcement officers in monitoring the environment and
controlling and preventing pollution. The application of environmental forensics is also
vital in determining the sources of pollution.
Industrial premises and EIA project developers needs to be responsible and support
the government in preserving the environment through continuous compliance.
The environmental legal framework will continue to be strengthened to guarantee
environment protection for the people. In addition, integrated enforcement actions
among relevant agencies at the federal and state levels is continuously strengthened to
ensure environmental issues are dealt with effectively.
Digitalized Library and Repository Centre
DOE has taken steps towards digitization the library by developing an information
repository system. The Enviro Knowledge Management Centre (EKMC) was launched
in 2014 with the aim to systematically manage information. All information related to DOE
specifically and environment in general are stored digitally and can be easily accessed
online. Through this system, users have facts and information at their fingertips. EKMC
has acquired 2.9 million users since its launch. In the year 2020 alone, statistics show
that the system had been accessed by 270,864 users. Continuous efforts have been
made to add more digital reference materials in the system to meet users’ need.
In the effort to produce knowledgeable, innovative, and creative DOE officers in carrying
out their duties and responsibilities to enforce the Environmental Quality Act 1974, an
initiative was taken in 2021 by DOE through the Twelfth Malaysia Plan to upgrade its
library to a Digital Library. With this budget, the DOE Library has now been upgraded
and rebranded as the Enviro Digital Library. Physically, it has now changed into a more
conducive and user-friendly space.
We should keep in mind that physical development alone is not enough if it is not
accompanied with capacity building of employees. Both elements go hand in hand
and should be implemented in an integrated and comprehensive manner. There is no
shortcut to creating first-class mentality Malaysians other than acquiring and mastering
knowledge. In line with the Sustainable Development Goals 2030 (Goal No. 4) which is
to encourage lifelong learning opportunities for all, the DOE Digital Library is a platform
equipped with reference materials that are beneficial to all levels of society including
university students, researchers and lecturers, industry, environmental consultants,
NGOs, government and private agencies.
DOE officers carrying out inspection activities at industrial premises need to have
basic knowledge about the types of production processes that operate in the premise.
Therefore, the officers need to dig up information, do some reading and research
beforehand to identify the types of pollutants typically produced and potentially released
39
into the environment through specific processes that occur in the premise, apart from
the information obtained from the representatives of the premise itself. It should be
emphasized that a comprehensive and meaningful investigation will only be achieved
if the officers in the field are able to identify the causes of pollution and ensure that
appropriate and sufficient control measures are put in place by the premises.
Similarly, the tasks to evaluate and review the EIA report submitted by consultants and
project proponents also require great commitment from DOE officers to read and refer to
reliable sources of information in order to comprehensively evaluate each development
project including new technologies proposed by the EIA consultants so as not to
leave out any critical issues related to impact to the ecosystem and environment. The
importance of DOE officers to equip themselves with knowledge, especially in the field
of environmental management cannot be denied as it will greatly improve the quality of
services provided to the stakeholders.
Sustainable Malaysia
DOE prioritizes effective enforcement actions and practices transparency in its efforts
towards sustainability environment in Malaysia. By the year 2030, it is hoped that
Sustainable Malaysia will be achieved which is reflected through the pollution free
environment resulting from sustainable lifestyle practices. Environmental sustainability
can be achieved with the cooperation and strong commitment from all stakeholders which
includes federal and state governments, private entities, industries, NGOs, students and
the general public. Cultivation of a sustainable lifestyle should be promoted at all society
levels to ensure that a clean and sustainable environment can be passed to the future
generations.
Moving forward, the DOE will continue to guide Small and Medium Enterprises (SMEs) to
implement the concept of waste minimization or waste elimination in the manufacturing
processes. The implementation of Communication, Education and Public Awareness
(CEPA) program would promote environmental awareness and green industry practices
and would further strengthen the pollution prevention approach among industries.
CONCLUSION
Environmental protection should be treated as a common subject. This will allow the
federal government to provide for general principles and to set uniform standards
concerning water and air pollution that would be applicable throughout the states. It also
allows the states to provide through legislation details that may suit their local variations.
The responsibility to make laws on environmental issues and to manage them cannot
entirely be left to the federal government. The federal government would still depend on
states and local government authorities to enforce its environmental laws and monitor
violations since most environmental problems are local in nature. Therefore, states
are encouraged to work hand in hand with DOE in Malaysia for better environmental
management in the country.
DOE has come a long way in enforcing the EQA 1974. Protecting the environment is a
huge and daunting task. It could also be viewed as an ambitious goal. But it is one that
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Environmental Governance in Malaysia
will secure a vibrant future for humanity and all the species with which we share this
planet. Our very future depends on rising to the challenge.
Fighting environmental crime requires collaborative efforts from all parties and so far,
there is a lot more that needs to be done. Some measures can be taken immediately but
some of them need proper planning and execution. Mahatma Gandhi’s famous quote,
“The earth provides enough to satisfy every man’s needs but not every man’s greed”,
needs to be pondered over by one and all. Together, Protecting the Environment.
REFERENCES
Data Science and Environmental Management in Smart Cities, 2015
National Policy on the Environment in 2002
Environmental Quality Act 1974 (Act 127)
Majalah Dewan Kosmik, Dewan Bahasa dan Pustaka, Artikel Jabatan Alam Sekitar,
Keluaran Jun 2021
Environmental Quality Report 2020
Resource Book for the Course on Certified Environmental Professionals in IETS
Operation (Biological Processes), EiMAS, DOE, 2012
DOE Annual Report 2007
DOE Annual Report 2014
DOE Annual Report 2020
Ministry of Environment and Water Roadmap 2020-2030
DOE Environmental Mainstreaming Directives 2019
DOE Strategic Plan 2021-2030
DOE Strategic Plan on Digitalization 2021-2030
2nd National Seminar on Environmental Justice, “Environmental Justice in Malaysia:
Issues and Challenges, Tan Sri Abdull Hamid Bin Embong, Federal Court Judge of
Malaysia
Ministry of Environment and Water Website
Korea Environment Corporation Website (Accessed on 21st August 2022)
Intellectual Discourse, 2005 Vol. 13, N0 2, 201-212 “Environmental Issues in a
Federation: The Case of Malaysia”, Muhammad Yusuf Saleem
PwC Malaysia Website. pwc.com/my/positioning-sustainability (Accessed on 23rd
August 2022)
41
AUTHOR
Wan Abdul Latiff bin Wan Jaffar was appointed as the Director
General of Department of Environment (DOE) in September 2021.
He completed his Bachelor of Science at Universiti Kebangsaan
Malaysia in 1990 and started his career with DOE in December 1992.
With 30 years of experience in DOE, his expertise is in environmental
legislation and environmental management. He was responsible in
managing and monitoring of the Environmental Quality Monitoring
Program (EQMP) operation while holding the position of Deputy
Director General (Operation). In addition, he had also managed
the coordination of drafting new regulations and acts as well as the development of
Standard Operating Procedures, guidelines, and policies in relation to enforcement and
pollution control.
He has also served as a director in several divisions in DOE Headquarters and DOE
Johor State Office. While serving as the director of DOE Johor State Office, he had
managed the coordination of air pollution case in Pasir Gudang (Taman Mawar Case).
He represented Malaysia for international and regional conventions/ treaty involving
marine environment such as ASEAN Working Group on Coastal & Marine Environment
(AWGCME). He is currently overseeing the overall management of operation and
development sectors in DOE. His contribution includes the increase in the number
of enforcement activities and legal actions (compound and court actions) against
environmental offenders.
Dr. Norhazni binti Mat Sari is the Deputy Director General
(Development) of Department of Environment (DOE). She completed
her Bachelor of Science at Universiti Kebangsaan Malaysia, MEng
in Civil Environmental at Universiti Teknologi Malaysia and PhD at
Universiti Kebangsaan Malaysia in Environmental Management
(Environmental Forensics). She has 30 years’ experience in
environmental legislation, environmental forensic and hazardous
waste management. She has been credited with contributions to
scheduled waste management policy and has been appointed
as DOE representative numerous times for national and international conferences,
workshops and programs related to environmental topic. She is also actively involved in
the scientific writing and guidelines publication related to the environmental management
for the Department. She is the first trainer and the module writer for the Scheduled
Waste Management Competency Program of DOE officers and industrial premises. Dr.
Norhazni also lead a committee for enhancement of EIA procedures of DOE and revision
of EQA 1974. She also served in the state environmental management committee in
managing the environmental issue while she was the State Director for Negeri Sembilan
DOE office.
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Environmental Governance in Malaysia
Zuraini Ahmad Tajudin graduated from University Malaya in 1993
and started her career with DOE since 1994 as Environmental
Control Officer. She had been assigned to several sectors in DOE
such as EIA Review officer, Enforcement Officer for Environmental
Quality Act 1974 and Prosecution Officer on the same act. In
2008, she was assigned as officer in charge for Multi Environment
Agreements (MEAs) – Basel, Rotterdam and Stockholm Convention
and was responsible in the implementation of MEAs’ requirements
within Malaysia. Her main expertise is hazardous waste management. She is currently
the Director of Strategic Communication Division and is responsible for education and
public awareness on environment at all level especially on the importance of sustainable
development and practicing the green lifestyle for a better environment - now and for
the future generation.
Ts. Ir. Shazana binti Mohd Ibrahim is a Senior Environmental Control
Officer at the Department of Environment Malaysia (DOE). She
obtained her first degree in Chemical Engineering, from Universiti
Teknologi Malaysia. She then pursued her master’s degree in
Environmental Engineering and completed her studies in 2009 from
Universiti Teknologi Malaysia. She started her career as a treatment
engineer at Indah Water Konsortium Sdn. Bhd. in 2009 and was
responsible for the overall management of sewage treatment plants.
She subsequently joined the Environment Institute of Malaysia (EiMAS), DOE in 2010,
where she further developed her expertise in industrial effluent treatment system design
and operation. Her job scope includes designing, planning, and executing technical
training courses related to water quality management for DOE officers, industrial
personnel, and government agencies. She is actively involved as an appointed individual/
expert panel for ElA projects, apart from providing technical inputs to various divisions in
DOE, which includes EiMAS, Enforcement Division and Water and Marine Division. She
is the first female officer in DOE certified by the Board of Engineers Malaysia (BEM) as
a professional engineer. She is currently serving the Strategic Communication Division,
DOE where her responsibilities include publication of the Environmental Quality Report
as stipulated under Section 3 of the Environmental Quality Act 1974 (Act 127). She is
also a Professional Technologist under the Malaysian Board of Technologists (MBOT).
43
All my life through, the new sights of
Nature made me rejoice like a child.
- Marie Curie
Kampung Seri Aman, Puchong.
Chapter 2
The Role of EIA
in Environmental
Management in
Malaysia
THE ROLE OF EIA IN ENVIRONMENTAL MANAGEMENT
IN MALAYSIA
G. Balamurugan & Norhazni Mat Sari
INTRODUCTION
For over 50 years, the Environmental Impact Assessment (EIA) has been instrumental
in minimising adverse environmental impacts from development projects all over the
world. Majority of countries in the world, Malaysia included, have implemented and
legislated the use of EIA as a tool in managing environmental impacts from development
projects. The EIA helps Project Proponents to predict the negative and positive impacts
of a project on the environment – and enable the project to be planned and designed
in a manner that minimizes such impacts. The very purposes of EIA are to ensure that
development options under consideration are environmentally-sound and sustainable
and that environmental consequences are recognized and taken into account early in
the project planning and design. EIA identifies environmental risks, lessens conflicts by
promoting community participation, minimizes adverse environmental effects, informs
decision makers, and helps lay the base for environmentally-sound projects.
The EIA reports that is presented to the decision makers should prove that the project
does not have major adverse environmental impacts. If a project does have major
impacts, the EIA report should demonstrate how these impacts will be mitigated and
monitored to an extent such that it will not be harmful for the environment. Since EIA
assesses viable alternatives for a development project, a combination that will use
natural resources more efficiently and will have the least impacts on the environment
can be chosen for implementation.
The EIA is fundamental to sustainable development. Principle 4 of the Rio Declaration
1992 states that “in order to achieve sustainable development, environmental protection
shall constitute an integral part of the development process and cannot be considered
in isolation from it”. Principle 13 of the 1972 Stockholm Declaration states that “states
should adopt an integrated and coordinated approach to their development planning
so as to ensure that development is compatible with the need to protect and improve
the environment for the benefit of their population”. Principle 14 reiterates that rational
planning is an essential tool for reconciling the conflicts between development and
environmental protection. Target 15.9 of the Sustainable Development Goal 15 highlights
the integration of ecosystem and biodiversity values into national and local planning
and development processes. It is rather obvious that a crucial aspect of sustainable
development is the incorporation of environmental considerations, and improvement
into the planning of a development project.
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The Role of EIA in Environmental Management in Malaysia
CHRONOLOGY OF EIA IN MALAYSIA
History
The history of EIA in Malaysia goes back to 1975 when the World Bank Environmental
Mission visited Malaysia. In a report submitted by the Bank Mission, it was recommended,
among other things, that Malaysia designs and implements the EIA procedure in the
country. Following on this, the Third Malaysia Plan (1976 – 1980) gave the EIA a much
needed recognition, by stating :
“In the evaluation of relevant projects, the assessment of the overall impact
of these projects on the environment will be undertaken. Ministries and
departments as well as the private sector will be required before embarking on
the implementation of such projects to identify all likely environmental effects
as well as the means to be taken to counter them. These assessments will be
taken into account in the final design and implementation of the projects but
bearing in mind that adoption of the environmental protection measures will
need always to be in balance with development costs.“
In March 1977, an ad hoc panel on EIA was formed and tasked to formulate the EIA
procedure and advice the Director General of Environment on its implementation. The
Panel, was chaired by the then Division of Environment and comprised of 16 government
agencies, universities and statutory bodies. After a series of consultation with various
stakeholders, the EIA procedure, together with its implementation plan, was presented
to the National Development Planning Committee (NDPC) of the Prime Minister’s office
in January 1978 for its approval. The NDPC approved both the procedure and the
implementation plan. The first draft EIA guideline was produced in 1979.
In 1985, the Environmental Quality Act was amended and provisions for mandatory
EIA was included as Section 34A, which provided power to the Minister to define any
activity which may have significant environmental impact as a prescribed activity.
The amendment was approved and gazetted in January 1986. The “Handbook of
Environmental Impact Assessment Guidelines” was published in 30 November 1987.
Subsequently, in November 1987, the Environmental Quality (Prescribed Activities)
(Environmental Impact Assessment) Order 1987 was gazetted making EIA report a
mandatory requirement that came into force on 1st April 1988. It made a clear statement
that the project proponent and their consultant are liable for such study and submission
of the EIA report.
Legislation was further strengthened over the years. The EQA 1974 was amended to
enhance the EIA process by expanding Section 34A and giving greater jurisdiction to the
Director General for EIA assessment and approval. The Prescribed Activities Order was
amended in 2015 to streamline the list of prescribed activities and categorise them into
Schedule 1 and Schedule 2. Section 34AA was also introduced and given power to the
Director General for a prohibition order or stop work order where the person carrying out
the prescribed activities, without approval under subsection 34A(3); who violates any
47
condition attached to the approval of the report; or which in the opinion of the Director
General are being carried out in the manner that is likely to cause environmental damage.
Legal Requirement Section 34A
Environmental Quality Act 1974 Section 34AA
Environmental Quality
(Amendment 2012) (Prescribed Activities)
(Environmental Impact Assessment)
Order 2015
The key amendment of the Environmental Quality Act 1974 (Amendment 2012) requires
any person or project proponent intending to carry out any prescribed activity shall
appoint a qualified person to conduct an Environmental Impact Assessment (EIA),
where he is responsible for the EIA report, the environmental assessment and the
recommendations. Furthermore, the Director General, upon examining the report, shall
not approve the report, if it is not in accordance with development or physical plan
approved by the relevant approval authority or not fulfilling the technical requirements
stipulated in the guidelines.
In 1996, the State Government of Sabah passed the Conservation of Environment
Enactment 1996 which came into force on the same day the Environment Conservation
Department was established. In 2003, the department is renamed from Environmental
Conservation Department to Environment Protection Department following the passing
of the Environment Protection Enactment (EPE) 2002 to replace the Conservation of
Environment Enactment 1996.
The EPE 2002 administered by the Department applies to activities which fall within
the State’s jurisdiction, including activities associated with the exploitation, development
and use of land and natural resources including water, soil, minerals, forest, and other
resources. Section 12 of the Enactment provides for the Minister to prescribe any
development as a Prescribed Activity for which an EIA report is required to be submitted
to the Director General for approval. The Environment Protection (Prescribed Activities)
(Environmental Impact Assessment) Order 2005 (or the EIA Order 2005) was then
established and prescribes 12 types of activities which require EIA.
Sarawak promulgated the Natural Resources and Environment Ordinance (NREO) in
1993, which prompts the establishment of the Natural Resources and Environment
Board (NREB) as custodian of the Ordinance. The Natural Resources and Environment
48
CHAPTER 2
The Role of EIA in Environmental Management in Malaysia
(Prescribed Activities) Order 1994 was promulgated to operationalise the EIA
requirements in the state.
Continuous Improvement of the EIA Process and Procedures
Since 1988, the EIA process and procedures in Malaysia have been constantly improved
to ensure its effectiveness and to stay relevant in light of the evolving environmental
challenges, both globally and in the country.
In 1991, the Malaysian Administrative Management and Modernisation Planning Unit
(MAMPU), was tasked to study the EIA process and make recommendations for its
improvement. The MAMPU’s recommendations included simplifying the EIA report
format, preparation of checklists, production of sector-specific guidelines, formalisation
of the EIA consultants’ registration, establishment of the EIA review Panel, capacity
building for DOE personnel and the appointment of DOE representatives in the various
state and local planning committees.
In 1993, the EIA report processing was decentralized for Johor, Perak, Pulau Pinang,
Sarawak, Selangor and Wilayah Persekutuan Kuala Lumpur as a means to improve
the processing of the EIA reports. The decentralization was extended to Melaka,
Negeri Sembilan, Pahang, Terengganu, Kelantan and Sabah in the following year.
Full decentralization was implemented in 1995. However, detailed EIA reports and the
projects that fall in two or more states continued to be reviewed at the DOE Headquarters.
As recommended by MAMPU, four sector specific guidelines were published in
1994. These covered (i) industrial estates, (ii) petrochemical industries, (iii) resorts
and recreational development and (iv) golf courses. These guidelines also included
checklists and reporting formats to assist assessors to prepare better quality reports
and to promote uniformity in assessment. A year later, with the support of the Asian
Development Bank, sector-specific guidelines for (i) fisheries, (ii) drainage and irrigation,
(iii) power generation and transmission and (iv) water supply were published. UNDP
also assisted in producing a sector-specific guideline in 1995 for mining and quarrying.
In responding to all prescribed activities in the 2012 EIA Amendment, the DOE has
published a total of 32 sector-specific EIA guidelines as listed in the previous Chapter.
To further improve the EIA process, over the past 30 years, the DOE also published a
variety of other guidelines and guidance documents. Among others, these include:
i. EIA Guidelines for Risk Assessment;
ii. Guidelines on the Economic Valuation of the Environmental Impacts for EIA Projects;
iii. Guidance Document on Health Impact Assessment in EIA;
iv. Guidance Document on the Preparation of Terms of reference for Detailed
Environmental Impact Assessment Report;
v. Planning Guidelines for Vibration Limits and Control in the Environment;
49
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