Current Regulations on Solid and Liquid Wastes in Sarawak 3 Current Regulations on Solid and...- Sarawak Rivers Ordinance, 1993 - Water Ordinance, 1994 - Protection of Public Health

DANCED SARAWAK GOVERNMENT

Sustainable Urban Development Project

Natural Resources and Environment Board

Current Regulations on Solid and Liquid Wastes in Sarawak

February 2002

3nd Edition

NREB

Natural Resources and

Environment Board

DANCED

Danish Cooperation for

Environment and Development

i

DANCED SARAWAK GOVERNMENT

Sustainable Urban Development Project

Natural Resources and Environment Board

Current Regulations on Solid and Liquid Wastes in Sarawak

IB LARSEN

February 2002 3nd Edition

Report no. SUD-02-21, SUD-02-22

Issue no. 3

Date of issue 10 February 2002

Prepared ILA 02-21, LMD 02-22

Checked LMO, RDI

COWI Consulting Engineers and

Planners AS

ii

TABLE OF CONTENTS

1 Introduction ................................................................................................................................... 1.1-1

1.1 Delimitation of the Tables ....................................................................................................... 1.1-1

1.2 Structure of the Tables. ............................................................................................................ 1.2-3

1.2.1 Measure regulation ............................................................................................................ 1.2-3

1.2.2 Measure Own Operation. .................................................................................................. 1.2-4

1.3 Conclusion ............................................................................................................................... 1.3-1

2 Prior Approvals ................................................................................................................................ 2-1

2.1 Environmental Impact Assessment (EIA)................................................................................ 2.1-1

2.1.1 EQA .................................................................................................................................. 2.1-1

2.1.2 NREO ............................................................................................................................... 2.1-1

2.2 Licensing .................................................................................................................................. 2.2-1

2.2.1 EQA .................................................................................................................................. 2.2-1

2.2.2 NREO ............................................................................................................................... 2.2-1

2.2.3 LAO and PHO ................................................................................................................. 2.2-2

2.2.4 VPHO ............................................................................................................................... 2.2-3

2.2.5 LUO .................................................................................................................................. 2.2-6

2.2.6 FAO .................................................................................................................................. 2.2-7

2.2.7 MO .................................................................................................................................... 2.2-7

2.3 Permission ................................................................................................................................ 2.3-1

2.3.1 Waste Disposal ................................................................................................................. 2.3-1

2.3.2 Effluents ........................................................................................................................... 2.3-2

2.3.3 New Developments .......................................................................................................... 2.3-2

2.3.4 Markets and Stalls etc. .................................................................................................... 2.3-3

2.3.5 Livestock .......................................................................................................................... 2.3-3

2.3.6 Slaughtering ..................................................................................................................... 2.3-3

2.3.7 Aquaculture ..................................................................................................................... 2.3-4

3 Rules .................................................................................................................................................. 3-1

3.1 Prohibitions .............................................................................................................................. 3.1-1

3.1.1 Materials .......................................................................................................................... 3.1-1

3.1.2 Activities ........................................................................................................................... 3.1-1

3.1.3 Discharge to Inland Water ............................................................................................. 3.1-1

3.1.4 Waste to Any Land or Soil ............................................................................................. 3.1-5

3.2 Standards .................................................................................................................................. 3.2-1

3.2.1 Effluents – General ......................................................................................................... 3.2-1

3.2.2 Effluents – Specific Types of Discharge and Waste Generators ................................. 3.2-3

3.2.3 Solid Waste Management ............................................................................................... 3.2-3

3.3 Materials .................................................................................................................................. 3.3-1

3.4 Activities .................................................................................................................................. 3.4-1

3.4.1 General ............................................................................................................................. 3.4-1

3.4.2 Activities – Livestock, Aquaculture and Mining .......................................................... 3.4-2

3.4.3 Activities – Handling, Processing and Selling of Animals and Animal Products ...... 3.4-4

3.4.4 Activities – Others ........................................................................................................... 3.4-5

4 Orders ................................................................................................................................................ 4-1

4.1 General ..................................................................................................................................... 4.1-1

4.2 General – Discharge to Inland Water ....................................................................................... 4.2-1

4.3 Facilities – Drains and Sewers ................................................................................................. 4.3-1

4.4 Solid Waste .............................................................................................................................. 4.4-1

4.5 Specific Waste Types ............................................................................................................... 4.5-1

5 Own Operation ................................................................................................................................. 5-1

5.1 Regulations Concerning Any Measure Related to Any Issue .................................................. 5.1-1

5.2 Regulations Concerning Any Measure Related to specific issues ........................................... 5.2-1

5.2.1 Health and Cleanliness ...................................................................................................... 5.2-1

iii

5.2.2 Waste in Rivers, Streams, Drains and Sewers .................................................................. 5.2-1

5.3 Regulations Concerning Own Operation Related to Any Issue ............................................... 5.3-1

5.4 Regulations Concerning Own Operation Related to specific isues ......................................... 5.4-1

5.4.1 Waste on Any Ground ....................................................................................................... 5.4-1

5.4.2 Waste in Rivers, Streams, Drains and Sewers ..................................................................... 5-1

6 Appendices ........................................................................................................................................ 6-2

iv

ABBREVIATION

BL By-law

DA Department of Agriculture

DANCED Danish Cooperation for Environment & Development

DBKU Dewan Bandaraya Kuching Utara (Kuching North City Council)

DID Department of Irrigation and Drainage

DG Director General

DOE Department of Environment

EIA Environmental Impact Assessment

EMAS Environmental Management Auditing System

EMS Environmental Management System

EQ Environmental Quality

EQA Environmental Quality Act

EQC Federal Environmental Advisory Council

FAO Fisheries (Adoption) Ordinance

FD Forest Department

FO Forest Ordinance

Ha Hectare

HA Health Authorities

IFO Inland Fisheries Officer

JKR Jabatan Kerja Raya (Public Works Department)

KWB Kuching Water Board

L & S Land and Survey Department

LA Local Authorities

LAC Local Authorities (Cleanliness) By-Law

LAO Local Authorities Ordinance

LO Land Code Ordinance

LUO Land Use (Prescribed Activities) Ordinance

MAFI Ministry of Agriculture and Food Industry

MBKS Majlis Bandaraya Kuching Selatan (Kuching City South Council)

MFPU Ministry of Finance and Public Health

MID Ministry of Industrial Development

MIDC Ministry of Infrastructure, Development and Communication

MO Mining Ordinance

MOEPH Ministry of Environment and Public Health

MPP Majlis Perbandaran Padawan (Padawan Municipal Council)

MPRM Ministry of Planning and Resources Management

MRLD Ministry of Rural and Land Development

MSDU Ministry of Social Development and Urbanisation

NREB Natural Resources and Environment Board

NREO Natural Resources and Environment Ordinance

PHO Protection of Public Health Ordinance

R River

SAG State Attorney General

SIFR Sarawak Inland Fisheries (Rules)

SHD State Health Department

SPA State Planning Authority

SPU State Planning Unit

SRB Sarawak Rivers Board

SRC Sarawak Rivers (Cleanliness) Regulation

SRO Sarawak Rivers Ordinance

SUD Sustainable Urban Development

v

SVA State Veterinary Authority

SVHD State Veterinary Health Department

SWA State Water Authorities

T/d Tonnes per day

VPHO Veterinary Public Health Ordinance

WA Water Supply Authorities

WB Water Board

WC Water Resource Council

WO Water Ordinance

1.1-1

1 Introduction This report constitutes the 3rd edition of the list of current provisions on Solid and Liquid Wastes

in Sarawak. The lists have been updated to include among others the amended NREO from May

2002. The revised 3rd edition also includes the provisions on the measure "own operation". This

section has been prepared by Lisbeth Madsen (SUD-02-22).

This publication lists the current regulation on the production, handling and discharge of solid or

liquid waste relevant to Kuching, Sarawak.

The objective is to facilitate discussions and analysis of the need and strategy for revising the

environmental regulation in Sarawak.

The list constitutes a dispersed collection of individual regulations, typical for the budding phase

of environmental regulation.

Environmental problems typically origin as isolated areas of conflict and only gradually develop

into a coherent management issue. By tradition environmental regulation, therefore, grows by

budding from existing regulation which often does not have environmental management as its

primary concern. Only after considerable time, do the problems evolve to a level where coherent

regulation and management have to be established. For instance in European countries, this phase

was reached in the late 70’s or 80’s. In Denmark, coherent environmental legislation was

established as early as 1973.

With the decision by the government of Sarawak to develop and implement an environmental

management system (EMS) for the cities, the same type of revision will have to be implemented

for the state, reorganising the existing scattered regulation into comprehensive and coherent

legislation. Compared to the development in Europe, this step is taken on a relative early stage of

environmental deterioration in the cities.

1.1 Delimitation of the Tables

This publication lists only one step of the EMS cycle. A description of the existing regulation

related to the EMS cycle in general is presented in Rasmus Dilling’s report on: “The Existing

Legal and Institutional Framework for Environmental Management in Kuching”, January 2001

(SUD-02-14).

The EMS cycle includes the following steps:

Goal setting and planning

Planning of measures

Implementing measures

Monitoring

Reporting.

This publication concerns only the step “implementing measures”.

Generally, the measures to be implemented can be divided into 4 types:

Regulation.

(What the individual has to do)

Incentives

(What is advantageous for the individual to do)

1.1-2

Awareness

(What the individual is convinced to do)

Own operation

(The authorities carry out the tasks by themselves).

Only the measures regulation and own operation are included in this publication.

Further more it is important to notice the following reservations:

The lists only relate to the production, handling and discharge of solid and liquid waste. This

means that e.g. open burning is not included as this is mainly related to air pollution.

The lists only include acts and ordinances with major relevance to city environment. The acts

and ordinances included are:

- Environmental Quality Act, 1974

- Natural Resources and Environment Ordinance, 1993

- Local Authorities Ordinance, 1996

- Sarawak Rivers Ordinance, 1993

- Water Ordinance, 1994

- Protection of Public Health Ordinance, 1999

- Sarawak Veterinary Health Ordinance, 1999

- Land Use (Control of Prescribed Trading Activities) Ordinance, 1997

- Fisheries (Adoption) Ordinance, 1994

- Mining Ordinance, 1962

This implies that issues such as forestry and agriculture have not been included.

The list only describes the individual regulations briefly. For the full text, a search in the

original acts and ordinances will be necessary. The list is merely designed as a “table of

content” for the relevant regulation. However, the list will generally provide sufficient

information for most purposes.

It should be specifically noted that the sanctions related to the individual regulations are not

described. In some cases, the sanctions for non-compliance give an important indication of

the scope of a specific regulation.

All tables are divided into 2 columns: delegated provisions and implemented provisions.

The delegated provisions constitute regulations, which assign a certain issue to a specific agency,

but where subsidiary regulation has to be issued before implementation can be initiated.

Delegations will typically be incorporated in the main ordinances.

The implemented provisions constitute regulations, which can be enforced immediately. They

can either be incorporated in the main ordinances or in subsidiary regulation.

The provisions for the measure own operation have been divided into regulations, which

constitute duties for the agencies (compulsory actions), and regulations, which are merely

mandates for the agencies (optional actions). This division has not been conducted for the

measure regulation.

1.2-3

1.2 Structure of the Tables.

1.2.1 Measure regulation

Generally, the regulatory measures available for environmental management can be divided in to

3 types.

Prior approvals

Rules (conditions for operation)

Orders

In the case of prior approvals, an activity cannot be initiated before an approval from the

authorities has been obtained. It can be in the form of conditions related to an environmental

impact assessment (EIA), in the form of a licence with related conditions or in the form of

simpler permissions. This type of regulation is very effective, but it implies extensive use of

manpower to be efficient. This is because all activities involve individual case considerations.

Also, the succeeding inspection is more manpower demanding, as different conditions will apply

to the individual activities, which have to be known by the enforcement staff. Prior approvals are

therefore mostly used for large-scale activities which, are in principle, unique and, therefore,

cannot be described in general terms, and for activities where a limitation of the total number of

actors is required.

In the case of rules, the conditions on which a certain activity can be carried out are described in

general terms for all actors. This reduces the workload for individual case consideration, and

simplifies the inspection, as the same conditions are valid for all actors.

Rules can regulate processes or actions (activities) or emissions (standards), or they can simply

prohibit certain activities or emissions.

In the case of orders a specific activity is not regulated until an individual order has been issued

for the activity or action. An order, can therefore, be looked at as a specific rule only valid for the

individual actor to whom the order is addressed.

Orders are typically used for environmental problems (e.g. nuisances) for which rules have not

been issued and prior approvals are not required. Often this is the case for minor problems,

problems which have not been foreseen, or problems that occur so seldom that it would not be

appropriate to issue a rule.

This structure of regulatory measures is used for the tables. The list of tables is structured as

follows:

Prior approvals (prescribed activities)

- EIA

- Licences

- Permissions

Rules

- Prohibitions

1.2-4

- Processes or actions (activities)

- Emissions (standards)

Orders

In order to ensure consistency, all the individual regulations will be classified in accordance with

the definitions of the terms described above. This does not always correspond to the terms used in

the individual regulations. The terminology is not well defined neither internationally nor in

Sarawak. The term regulation, which in this context covers all the regulatory measures, is

sometimes used synonymous with the term rules. Sometimes rules are named orders or “rules

prescribed by order”. Sometimes orders are named directives or directions. By-laws comprise

rules issued for a local council’s jurisdiction.

1.2.2 Measure Own Operation.

The provisions have been divided into 4 main groups according to the level of specification of the

measures involved and the environmental issues affected by the individual provisions.

Some provisions specifically concern the measure “own operation”. They may either be directed

towards all environmental areas of concern or specifically directed towards solid waste

management.

Other provisions concern the mandates for the authority to use any type of measure including own

operation. These general provisions may be directed towards all environmental areas of concern

or specifically directed towards solid waste management.

This delineates 4 types of provisions concerning the measure own operation:

Provisions dealing with the use of any measure towards any environmental area of concern

(the most general provisions)

Provisions dealing with the use any measure towards solid waste management

Provisions dealing with the use of the measure own operation towards any area of concern

Provisions dealing with the use of the measure own operation towards solid waste

management (the most specific provisions on own operation)

The first type constitutes the most general provisions, which deals with any type of measure and

any environmental issue. That means that the provisions are expressed in such general terms that

the authorities concerned may use own operation as a measure, but they may also use other types

of measures, such as regulatory measures, incentives and awareness. Similarly, the first type may

be used towards waste management issues specifically, but they may also be used towards any

other environmental issues.

In the other end the fourth type includes the most specific provisions. The provisions of this type

deals specifically with the measure own operation and are specifically directed towards waste

management.

1.2-5

The 4 types of provisions are illustrated in figure 1.

1

Any measure

Any issue

a

Health and

Cleanliness

b

Waste in rivers,

streams, drains

and sewers

2

Any measure

Specific issue

3

Own operation

Any issue

a

Waste on

any ground

b

Waste in rivers,

streams, drains

and sewers

4

Own operation

Specific issue

Regulation on Own Operation

1.3-1

1.3 Conclusion

The tables demonstrate that a large number of agencies are involved in the same type of

environmental regulation. Figure 1 illustrates how many of the ordinances analysed those are

involved in each types of regulation.

Number of Ordinances Dealing with Regulation of Environment/Waste and River

Delegated Implemented Total

EIA 2 2

Licensing 8 7

Permissions 1 8 10

Prohibitions 6 6 6

Standards 4 5

Activities 5 0 (1) 7

Orders 1 5 5

The high number of ordinances involved makes co-ordination and prioritisation of the efforts

difficult.

The list also illustrates that individual issues are often regulated through many different types of

measures, creating risks of contradictions in the regulation.

It is hoped that this listing may facilitate the process of developing a comprehensive

environmental management system for the cities in Sarawak.

Chapter 2: Prior Approvals - EIA

2.1-1

2 Prior Approvals

2.1 Environmental Impact Assessment (EIA)

Delegated Implemented

2.1.1 EQA

Type of activity Any activity

EQA 34a(1)

(Activities prescribed by NREO omitted

for Sarawak, ref. EQ EIA Order 1987,

section 3)

See list (app. A)

EQ EIA Order 1987

By Minister

EQA 34a(1)

DG

Including conditions With or without conditions

EQA 34 a(3)


2.1.2 NREO

Type of activity See list (app. B) (Including “any

other activity which may ……

have an adverse impact on the

Environment.”)

See list (app. C)

NREO Prescribed

Activities Order 1997

By Subject to rules made by Order

under Section 18 by Yang di-

Pertua Negeri in Council.

NREO 11a & 18

Board

Including conditions Board may make orders after

section 10

NREO 11a(2)

Chapter 2: Prior Approvals - Licensing

2.2-1

2.2 Licensing


2.2.1 EQA

EQA 18 (1)

Type of activity All Activities (“By order

prescribe the premises”)

EQA 18(1)

Crude Oil Palm

(EQA Regulation 77)

By Minister

EQA 18(1)

Raw Natural Rubber

(EQA Regulation 78)

Including conditions Yes (DG)

EQA 12

(to control by the issue of licenses

wastes, discharges, emissions,

deposits) EQA 3(d)

(no granting of licenses as would

contravene any town planning

scheme or law on land use or

development) EQA 11(3)(c)

EQA 29

Type of activity Persons discharging hazardous

substances, pollutants or wastes

into the Malaysian Waters in

contravention of standards set

according to EQA 21.

Premises discharging

higher concentrations of

pollutants than specified

in EQ Sewage

Regulations 79

(EQ Sewage 79 (11))

By by DG

Including conditions

EQA 18 1(A)

Type of activity Vehicles or ships used for the

movement, transfer, placement

or deposit of wastes.

By Minsiter

Including conditions


2.2.2 NREO

NREO 18 (v)-(w)

Type of activity Any activity “which may have

significant environmental impact

in the atmosphere, on the soil or in

the inland water”

NREO 18(w)

“Pollution of inland waters or of

the atmosphere or solid”

Livestock

(NREO Rules 1996)

(Cancelled, but still giving

guidelines for SVHD

regulations)


2.2-2

NREO 18(v)

By Yang di-Pertua Negeri in Council

Including conditions Yes (regulating pollution (NREO

18v) and activities (NREO 18w))


2.2.3 LAO and PHO

PHO 64 (f)

Type of activities Designated trades Storage/petroleum

(MBKS/DBKU BL 82)

By Majlis Mesyuarat Kerajaan Negeri

LAO 91(v)

Type of activity Public car parks Public car parks

By Yang di-Pertua Negeri in Council (DBKU & MBKS BL99)

Including conditions Operation, management and

maintenance (LAO 122)


LAO 104 (b)

Type of activity Markets and market buildings,

rooms and buildings kept for

public refreshment and shops

Markets

(MBKS & DBKU BL97)

By LA Food Premises

(Any premises used or

intended to be used for the

preparation, processing,

storage, packaging of

food for sale, and where

food is served or offered

for sale to the public)

(By LA)

Conditions: Clean

condition

Drainage system with

mechanism to trap or

contain oily by products.

(PHO 21)

Including conditions Control

LAO 104 (c) and 105 (f)

Type of activity Temporary buildings, stalls, etc.

for sale of any food or drink on

any premises and for sale of

other goods on public areas.

(104(c)). Establish by-law for

licensing all temporary buildings,

on any premises (105(f))

Persons hawking, selling

or exposing for sale any

food or goods or set up

or use any stall, table,

show board, vehicle or

receptacle for the

purpose of hawking,

selling or exposing for By LA


2.2-3

Including conditions sale food or goods in any

street or public place or

premises.

(By LA)

(PHO 25)

LAO 105 (g)

Type of activity Pedlars, hawkers and street

traders

By LA

LAC 51

Type of activity Collection, transport, storage

and disposal and treatment of

industrial waste

By LA


PHO 33 Hotels and lodging

houses

By LA

Including conditions Proper and adequate

facilities for the storage

and disposal of wastes

PHO 38 Funeral parlours,

cemeteries and

crematoria

By Majlis Islam Sarawak

(muslim)

LA (others)

LAO 104(e)(vii)

Type of activity Abattoirs (authorisation)

By LA


2.2.4 VPHO

VPHO 60

Type of activity Abattoirs

By SVA

Including conditions As SVA may deem fit.

SVA satisfied, after

consulting Controller of

EQ, with facilities for

treatment and disposal of

waste


2.2-4

VPHO 69

Type of activity Meat processing

factory

By SVA


2.2-5


VPHO 42

Type of activity Livestock farms (Specified size)

By SVA

Including conditions Satisfied with facility for

waste treatment and

disposal taking into

account the view of

controller of EQ. The

controller of EQ

certified in writing that

facilities for waste

disposal and treatment

will not result in

pollution. The facility

can meet the standards

set by NREB

VPHO 102 Livestock farms (2)a

Veterinary clinics (2)a

Other facilities for care and

treatment of animals (2a)

Abattoirs (2)e

Meat processing industries (2)e

Bird, meat, egg and diary

processing industries (2)l

Places where animals are kept

in captivity for sale (2)s

Premises in which cultures and

animal products are stored,

kept or manufactured (2)s

By

Majlis Mesyuarat Kerajaan Negeri

Including conditions Make rules for licensing


2.2-6


2.2.5 LUO

LUO 3

Type of activity Carpenter Shops

Foundry

Smithy

Garage/workshop

Timber yard

Sawmill

Printing press

Fertiliser manufacturing

Chemical manufacturing

Rubber processing

Scrap rubber processing

Tyre processing

Godown

Making of advertisements,

signboards and sign crafts

Any other trade or business

which can be a source of

nuisance or annoyance to the

public or a class of the public

LUO 3 implemented for

areas designated by

SPA

By L & S Superintendent

(Manufacture of pesticides next to

food shops, operation of garages,

foundries or smithy in residential

buildings or next to schools,

hospitals or any place of religious

worship requires permission from

SPA)

Including conditions Alterations to premises for the

prevention of nuisance or

annoyance to the neighbourhood,

and to ensure compliance with

environmental regulations (LUO

9)


2.2-7


2.2.6 FAO

FAO 7 Aquaculture in

riverine and inland

waters (FAO 7(1))

(by IFO)

Subject to conditions as

the IFO thinks fit. For

projects exceeding 50 ha

also subject to EIA from

NREB. (FAO 7(2)).

Subject to the possession

of a permit for pond or

lake construction and a

certificate for use of

ponds and/or permit for

use of cages, hatcheries

(SIFR 7)

(please refer permits)


2.2.7 MO

(Please refer also to rules/activities)

MO 57

Type of activity Mining (Divert, use and

discharge water)

By Inspector

Including conditions Means, manner and

conditions as the

inspector may think fit

MO 61

Type of activity Mining (intake, use and

discharge of water)

By Director

Including conditions Subject to conditions as

may be specified

Chapter 2: Prior Approvals - Permission

2.3-1

2.3 Permission

2.3.1 Waste Disposal

2.3.1.1 Facilities Delegated Implemented

EQA (Incinerators) Written approval from DG

(EQ Clean Air Regulations

78(8))

NREO (Landfills and

dumpsites)

Written permission from

Controller of EQ

(NREO 30(1))

LAO (all disposal

facilities)


LA

(LAC 43(1))

2.3.1.2 Disposal Activities


LAO (Depositing of no

toxic industrial waste at

any public disposal

facility)

Writing permission from

LA

(LAC 49(1))

EQA (Discharge of solid

waste from production or

manufacturing process to

any land or surface of

land)


DG (EQ Sewage Order

79(10))

SRC (collection and

disposal of effluent,

refuse or rubbish from

any gazetted river or

banks thereof)

Notify the Controller of R

(SRC 16)

VPHO (Incineration or

disposal of animals that

have died from disease or

has a disease or is

reasonable suspected of

being diseased. Dogs and

cats excluded)


SVA (VPHO 32 and 33)


2.3-2

2.3.2 Effluents

2.3.2.1 Facilities (Drains) Delegated Implemented

LAO (Make or cause to

be made any opening into

any such sewer, drain or

pipe for the purpose of

discharging sewerage

Consent in writing from

LA (LAO 136)

SRO (Point of discharge

of effluent or sewage into

any gazetted river or any

stream, drain or sewer

whose water discharges

into a gazetted river

SRB (determine/approve)

(SRC 13)

SRO (Establishing of

sewers or drains as to

enable sewage or other

liquid substances to be

discharged into the river)

SRB on application from

LA or from any owner of

land adjoining any

gazetted river (SRC 9)

SRO (Establishing of

drains carrying effluent

from any mining area for

discharge into a gazetted

river

Controller of R

(permission)

SRC 20(1)(b)

2.3.2.2 Disposal Activities


EQA (Discharge or

permit the discharge of

any effluent in or any soil

surface of any land)

Written permission of DG


79(9))

SRO (Discharge or

disposal by or from any

vessel of any refuse or

effluent in concentrations

greater than specified in

EQ Sewage Order 79)


Controller of R (SRC 4)

2.3.3 New Developments Delegated Implemented

EQA (Activities that

might result in new

sources of discharge)

Written permission of DG

(EQ Sewage Regulations

79 (4))


2.3-3


EQA (Specified

installations (app. D)

within a housing estate or

within 1000 m of nearest

dwelling house)

Written approval from DG


78 (4))

2.3.4 Markets and Stalls etc.


LAO (Markets) Markets, prescribing the

conditions and restriction (LAO

105 (d)(vii))

PHO (Temporary food

fair, function or event

where food is cooked or

prepared and sold for

public consumption)

(Condition: Clean and

sanitary condition)

LA (obtain a permit)

(PHO 24)

2.3.5 Livestock


LAO (Rear, keep or

maintain livestock)

Written authorisation by

LA or in accordance with

NREB licence (LAC

28(4)(a))

WO (Rearing of livestock

within 8 km from water

intake points in

designated water

catchment areas)

SWA (certification) (WA

8(b), Schedule for

declared water catchment

area)

2.3.6 Slaughtering


VPHO (Slaughtering of

animals for sale or public

consumption other places

than licensed abattoirs or

government abattoirs)

SVA (approved by)

(VPHO 62 & 68)


2.3-4

2.3.7 Aquaculture (please also refer to licensing)


FAO (Establishing of

ponds and lakes for

aquaculture

IFO (Permit)

(SIFR 6a)

FAO (Use of ponds and

lakes for aquaculture)

IFO (certification)

(SIFR 6b)

FAO (Set up or

establishing of cages or

hatcheries for

aquaculture)

IFO (Permit)

(SIFR 6c & 6d)

Chapter 3: Rules - Prohibitions

3.1-1

3 Rules

3.1 Prohibitions

3.1.1 Materials


EQA May make regulations prohibiting

the manufacture, storage,

transportation, or the application

or use of any environmentally

hazardous substances

EQA 51 1(u)

By Minister

3.1.2 Activities



the use of any equipment, facility,

vehicle or ship capable of causing

pollution

EQA 51 1 (f)

By Minister


any aquatic activity in or around

any waters

EQA 51 1 (k)

By Minister

3.1.3 Discharge to Inland Water

3.1.3.1 General



the discharge, emission or deposit

into the environment of any matter

EQA 51 1 (d)

By Minister


the emission or discharge or

deposit of any environmentally



3.1-2

EQA 51 1(u)

By Minister

NREO May make rules that prohibit the

discharge or emission of any

matter in any prescribed area

NREO 18 (u)



pollution of inland waters,

atmosphere or soil.

NREO 18 (v)

Any person who

knowingly does any act or

conducts any activity

which pollutes or

contaminates any inland

waters shall be guilty in an

offence

NREO 30A (a)


LAO May make by-laws to maintain

cleanliness and the disposal of

waste

LAO 91 (u)

No person shall put or

cause or fall or permit to

be put or fall into any

stream solid or liquid

refuse of any manufactory,

process or quarry or any

rubbish or cinders or any

other waste or putrid

matter of any liquid or

solid sewage matter

LAO 117


3.1.3.2 General – Gazetted Rivers


SRO No person shall leave,

deposit, throw or discard

any effluent, refuse or

rubbish of any kind into

any gazetted river or on

the banks of any gazetted

river

SRC 15


3.1-3

3.1.3.3 General – Solid Wastes


EQA No person shall discharge

or cause or permit the

discharge into inland

waters of refuse, garbage,

sawdust, timber, human or

animal waste or solid

matter

EQ Sewage Order 79 (6)

SRO It shall not be lawful to

dump into any gazetted

river any carcasses

dredging, earth, garbage,

pollutant, and other refuse

material of every kind

SRO 33(f)

LAO No person shall drop,

deposit or through any

waste, refuse or any other

matter or thing including

animal waste in any

channel, drain, lake,

reservoir, river, stream or

watercourse or upon the

bank of the same

LAC 18(2)

3.1.3.4 Facilities – Drains


SRO

Prohibit any private sewer or

public drain from discharging

rubbish or refuse, pollutant or any

other material into the gazetted

rivers

SRO 12(I) subject 38 (t)

No new public or private

sewer, drain or bath

facility shall be

constructed as to result in

or cause any effluent,

sewage or refuse to be

discharged directly into

waters of any gazetted

river

SRC 8

(Please refer to

permissions)

By Yang di-Pertua Negeri


3.1-4

3.1.3.5 Specific Types of Discharge


EQA No person shall discharge

or cause or permit the

discharge into inland

waters of inflammable

solvent or any tar or

other liquids immiscible

with water.

EQ Sewage Regulations

79 (6)

VPHO No person shall knowingly

cast or cause or permit to

be cast into drain, stream,

river, street or open space,

animal products which

has been infected with

disease, or any litter,

dung or thing which has

been used in connection

with infected animals VPHO 29

3.1.3.6 Specific Activities


LAO Cause or permit to be

deposited, spilled,

scattered or thrown any

solid waste, blood or

liquid matter into any

drain or on the floor of a

public market except in

places designated for such

purposes by the local

authority

LAC 30(2)

SRO Owner, occupier and any

person having control over

a wharf or passenger

landing terminal shall

ensure that no refuse and

effluent is swept or

washed off directly to the

river.

SRC 3(2)


3.1-5

3.1.3.7 Water Catchment Areas


WO Specify the activities within water

catchment areas, which shall be

prohibited in order to protect the

water resources

WO 8(3)(b)

Within 8 km up or

downstream from raw

water intake points in

catchment areas:

Mining or commercial

plantation

Discharge of untreated

waste or effluent

Use of pesticides or any

substance that by itself

or in reaction with other

substances may give rise

to gas, odour or

pollution of water

resources

Use of heavy metals an

other toxic chemicals

(Second schedule –

prohibited activities)


3.1.4 Waste to Any Land or Soil

3.1.4.1 General



the discharge, emission or deposit

into the environment of any matter

EQA 51 1 (d)

By Minister


the emission or discharge or

deposit of any environmentally


EQA 51 1(u)

By Minister


discharge or emission of any

matter in any prescribed area

NREO 18 (u)



pollution of inland waters,

atmosphere or soil.


3.1-6

NREO 18 (v)


NREO No person shall pollute or

cause or permit to be

polluted any soil or surface

of land.

Pollution include dropping

or spilling on any land

where it permeates any soil,

any liquid, solid or gaseous

matter or he establishing

garbage tip, rock disposal

site, sludge disposal site or

otherwise use the land for

the disposal of solid and

liquid wastes which are

obnoxious to human health

or are detrimental to any

beneficial use or interfere

with subterranean water

-unless he is carrying out an

activity permitted by the

Board.

NREO 30B

LAO

May make by-laws to maintain

cleanliness and the disposal of

waste

LAO 91(u)

The owner or occupier of

any private land shall not

use or permit the use of his

land for depositing or

dumping of any refuse or

waste

LAC 13(1)

No person shall deposit or

place any refuse or waste

on any land not belonging

to him LAC 13 (2)

No person shall dispose of

or permit to be disposed of

refuse or industrial waste

in or at any place except in

or at a landfill with a

permission of the LA LAC 44(1)

No stall holder or person

shall deposit or cause or

permit to be deposited any

garbage, refuse, waste or

thing discarded by him in

the course of his business

except in such refuse bins


3.1-7

or receptacles provided by

the LA

LCA 30(1)


3.1-8

3.1.4.2 Public Places Delegated Implemented

LAO

No person shall deposit,

drop or throw any dust,

dirt, paper, ash, carcass,

refuse, box, barrel, bale or

other articles or things in

any public place

LAC 18(1)(a)

No person shall keep or

leave any article or thing

in a place where it is likely

to pass into any public

place

LAC 18(1)(b)

No person shall place,

scatter, spill or throw any

blood, brine, noxious

liquid, swill or any

offensive or filthy matter

in such manner as to run

or fall into a public place

LCA 18(1)(d)

No person shall beat,

clean, shake, shieve or

other wise agitate any ash,

hair, feather, lime, sand,

waste paper or other

substance in such manner

that it is likely to be

carried by the wind to any

public place

LAC18(1)(e)

No person shall throw or

leave behind any bottle,

can, food container, food

wrapper, glass, particles of

food or any other article or

thing in any public place

LAC 18(1)(f)

Any person who drops,

scatters, spills or throws

any dirt, sand, earth,

gravel, clay, manure,

refuse, sawdust, shavings,

wood, stone, straw, animal

waste or human excreta or

any other matter or thing

in any other public place

shall be guilty of an

offence

LAC 20(1)

Chapter 3: Rules - Standards

3.2-1

3.2 Standards

3.2.1 Effluents – General


EQA 21

Type of discharge Hazardous substances, pollutants,

wastes or noise

Type of area or segment Any area, segment or element of

the Environment

By Minister

EQA 51 1(u)

Type of discharge Environmentally hazardous

substances

Type of area of segment Emission, discharge or deposit

into the environment

By Minister

EQA 51 1 (b)

Type of discharge Any declared environmental

policy or classification

Type of area or segment For the protection of the

environment

By Minister

EQA 51 1 (ee)

Type of discharge Liquid discharge (Standards and

maximum permissible loads)

No persons shall discharge

effluent containing

substances in

concentrations greater than

specified

EQ Sewage Regulations

79(8)

Type of area or segment Inland waters

By Minister DG

EQA 51 1 ()

NREO 18 (v)

Type of discharge Regulating the pollution of inland

waters or of the atmosphere or

solids

Type of area or segment For the protection and

enhancement of the environment


SRO Effluents shall not be

discharged in

concentrations higher than

specified in EQ Sewage


3.2-2

Order 79 into any soil or

surface of land adjoining

any gazetted river or into a

public or private drain or

sewer if it is likely to flow

into a gazetted river

SRC 12

WO Within 8 km from raw


water catchment area:

Discharge of treated

waste or effluent which

contains substances in

concentrations greater

than those specified in

EQ sewage Order 79

(Second Schedule –



3.2-3

3.2.2 Effluents – Specific Types of Discharge and Waste Generators


SRO Oil and grease discharge

from any vessel to be

below 100 milligrams per

litre effluent

SRC 6

NREO Livestock

(See Licensing/NREO)

WO Outside 8 km from raw


water catchment area:

Rearing of livestock,

which do not comply

with NREB regulations

are prohibited.

(Second schedule –


3.2.3 Solid Waste Management


EQA Notification to DG of

generation of scheduled

waste (EQ Scheduled

Waste 3).

Proper storage, treatment

on-site and transportation

of scheduled waste (EQ

Scheduled Waste 7-8).

Keeping of inventories on

scheduled waste generated

(EQ Scheduled Waste 9).

Information on scheduled

waste to be provided to

DG (EQ Scheduled Waste

10)

Actions in the events of

accidental spills or

accidents involving

scheduled waste (EQ

Scheduled Waste 12)


3.2-4


LAO 91 (u)

Type of discharge Maintain cleanliness and the

disposal of waste

Owners and occupiers of

every premises shall use

the system for the

collection, removal and

disposal of any refuse or

waste generated

LAC 9(2)

By LA

SRO12(2) subject to

38(t)

Type of discharge Control of discharge or deposit of

any refuse

Owners and masters of

every vessel on any river

shall have on board bins

and other receptacles for

the collection of refuse

SRC 3(1)

Type of area or segment Gazetted rivers

By Yang di-Pertua Negeri Wharves or passenger

landing terminals shall

provide bins for the

collection of refuse

SRC 3(2)

Chapter 3: Rules - Activities

3.4-1

3.3 Materials


EQA 51 1 (u) Manufacture, storage,

transportation or the application or

use of any hazardous material

By Minister

Including conditions Regulate

3.4 Activities

3.4.1 General


EQA 51 1 (f) Use of any equipment, facility,

vehicle or ship capable of causing

pollution

By Minister

Including conditions regulating the construction,

installation or operation so as to

prevent or minimise pollution

EQA 51 1 (k) Any aquatic activity in or around

any waters

EQA 51 1 (k)

By Minister

EQA 51 1 (v) Environmental risks

By Minister

Including conditions Eliminate or reduce risks

NREO 18(w)

Type of activity Any activity “which may have

significant environmental impact

in the atmosphere, on the soil or in

the inland water”




WO 51

Type of activity Any activity contaminating water

or water supply



3.4-2

Including conditions Control and prevention

3.4.2 Activities – Livestock, Aquaculture and Mining


NREO 5 (e) (iv)

Type of activity Mining

By Yang di-Pertua Negeri in council



MO 66

Type of activity Mining operations (Make

provisions as will ensure

that all discharged water

be freed from chemicals

deleterious to animal or

vegetable life) (MO66(1))

(No effluent water to

contain solid matter in

excess of amount

prescribed to rivers or

natural water course)

(MO 66(2))


By In cases of non-

compliance an inspector

may in writing order

devises or methods to

ensure compliance, and

suspend operations until

fulfilment)

(MO66(3))

NREO 5(e)(vii)

Type of activity Fishing and exploitation of

marine or aquatic life within the

rivers and foreshore


Including conditions Yes (regulating pollution

(NREO18(v)) and activities

(NREO 18(w))

LAO 91 (q)

Type of activity Land or building used for the

keeping or rearing of livestock

and animals


Including condition Control and regulate


3.4-3

VPHO 102(b)

Type of activity Livestock farms


Including conditions Regulating the measures and

facilities for treatment of waste

VPHO 102(t)

Type of activity Management and treatment of any

waste and wastewater from

livestock farms


Including conditions Regulating


3.4-4

3.4.3 Activities – Handling, Processing and Selling of Animals and Animal Products


LAO 105 (d)

Type of activity Markets and the buildings, shops,

stalls and other erections therein

By LA

Including conditions Preventing nuisances, keeping in

clean and proper state, removal of

refuse disposal of carcasses

VPHO 102(n)

Type of activity Markets, premises and vehicles

where animals are kept


Including conditions Cleansing or disinfection

VPHO 102(l)

Type of activity Bird, meat, egg and diary

processing industries


Including conditions Regulating and licensing


3.4-5

3.4.4 Activities – Others


EQA 51 1 (i)

Type of activity Establishment of sites for the

disposal of solid or liquid wastes

on land

By Minister


EQA 51 1 (k) Any aquatic activity in or around

any waters

By Minister

Including conditions Prevent pollution

LAO 91 (o)

Type of activity Laundries and places for the

cleaning or washing of vehicles



LAO 91 (w)

Type of activity Removal of earth, sand, stone, or

rock and the conveyance and

transport through any public road


Including conditions Control and regulate

LAO 105 (f)

Type of activity Temporary buildings, stalls,

carts and other receptacles

By LA

LAO 105 (g)

Type of activity Pedlars, hawkers and street

traders

By LA

VPHO 102 (2)f

Type of activity Manufacture, formulation and

storage of animal feed


Conditions Regulating

Chapter 4: Orders - General

4.1-1

4 Orders

4.1 General


EQA 31(1) By order published specify the

circumstances whereby the DG

may issue a prohibition order to

the owner or occupier of any

industrial plant or process to

prevent its continued operation

and release of hazardous

substances, pollutants or wastes

either absolutely or conditionally,

or for such period as he might

direct

By Minister

EQA 31 (1)

Type of impact Whenever hazardous

substances, pollutants or

wastes are being or are

likely to be emitted,

discharged or deposited

Type of source Any vehicle, ship or

premises or any aircraft

(irrespective of whether

the source are prescribed)

By DG by notice in writing

Type of action Install and operate control

equipment

Repair, alter or replace any

equipment

Erect or increase the

height of any chimney

Measure, and report any

material/pollutant/waste

Study environmental risks

Install monitoring

programmes

Adopt any measure to

reduce, mitigate,

disperse, remove,

eliminate , destroy or

dispose of pollution


4.1-2


EQA 31A (2)

Type of impact Where the environment is

under or likely to be

under serious threat

Type of source All persons

By Minister to direct DG to

issue order

Type of action Cease all acts that have

resulted in the release of

hazardous substances,

pollutants or wastes

Effect and render any

machinery, equipment,

plant or process of the

person inoperable

NREO 10 (h)

Type of impact Necessary for protection

and enhancement of the

environment

Type of source Any source (owner or

occupier)

By Controller of EQ may

order in writing

Type of action Construction and

maintenance of works.

Doing or abstaining from

doing any act

NREO 18 (y)

Type of impact

Type of source Polluting activities and activities

with adverse impact on the

environment.


Type of action May make rules on rehabilitation

of any land, soil, premises or

environmental element

LAO 112


4.1-3

Type of impact Any act, omission or thing

occasioning or likely to

occasion injury,

annoyance, offence, harm,

danger or damage to sense

of sight, smell or hearing

or which is likely to be

injurious or dangerous to

health or property


4.1-4


Type of source

Premises of such

construction or state as

to be a nuisance

Animals kept in place,

manner or number as

to be a nuisance

Accumulation of deposit

Factories and

workplaces which is

overcrowded

Huts or sheds crowded

together or which give

problems for drainage

and scavenging or by

any reason is a

nuisance

Pools or ditches of

polluted water likely to

be used for drinking

water or domestic

purposes

Fireplaces or furnaces

(smoke)

Trade, manufacture or

process causing dust or

effluvia

Any activity creating

noise

Any other matter

declared by the

minister to be a

nuisance

By LA by notice

Type of action Prevention, abatement,

closing of activity

Chapter 4: Orders - General (Discharge to Inland Water)

4.2-1

4.2 General – Discharge to Inland Water


NREO 10 (j)

Type of impact Discharge of water,

sewage and other effluent

into any inland waters

Type of source Any source (owner or

occupier)

By Controller of EQ may

order in writing

Type of action Mode, manner and places

for discharge

SRO 12(2)e(ii)

Type of impact Discharge or deposit of any refuse

into the river.

Type of source Owner or occupier of any land

abutting on a river.

By Yang di Pertua Negeri.

Type of action Undertake or adopt such

measures, as the SRB may deem

necessary.

SRC 22(1)(d)

Type of impact Pollution of the waters of

the river or endanger to

any plant or aquatic life in

the river

Type of source Execution of any works

on gazetted rivers or the

banks thereof

By SRB (duty to stop)

Type of action Stop the use of any

chemical, implement or

plant

Chapter 4: Orders - General (Discharge to Inland Water)

4.2-2


SRC 22(1)(e)

Type of impact Discharge of any refuse,

sewage or effluent into a

gazetted river

Type of source The erection of any

structure or premises in

gazetted rivers or the

banks thereof where any

existing structure or

premises is the source or

likely to be the sources

By SRB (duty to stop)

Type of action Require removal or

demolition

SRC 7

Type of impact Accidental spillage of any

oil or other pollutants into

the waters

Type of source Any premises along the

bank of any gazetted

river or by any vessel or

wharf

By Controller of R by notice

in writing

Type of action All reasonable measures to

cleanse, contain or abate

such discharge or to

recover all such oil or

other pollutants

Chapter 4: Orders – Facilities (Drains and Sewers)

4.3-1

4.3 Facilities – Drains and Sewers


LAC 41 (1)

Type of impact Insanitary and unclean

condition

Type of source Drains

Type of action Maintain and keep drains

in a clean and sanitary

condition

SRC 8(2)

Type of activity Discharge of any effluent,

sewage or refuse into the

waters of the gazetted

river so as to cause a

condition hazardous to

public health, fish aquatic

life and plants

Type of source Existing public or

private sewer, drain,

toilet, or bath facility

By Controller of R by notice

in writing

Type of action Dismantle, demolish or

alter the position of the

structure to prevent the

discharge directly into the

river

SRC 10(1)

Type of activity Discharge of untreated

effluent or refuse directly

into gazetted rivers so as

to cause danger to public

health, fish, aquatic life or

plants

Type of source Any sewer, pipe, drain or

refuse outlet

By SRB direct by order

Type of action Redirect the discharge to

other places

Treat the effluent

Such measures as the

Board deems necessary

Chapter 4: Orders – Solid Waste

4.4-1

4.4 Solid Waste


LAC 9(4)

Type of impact Waste disposal

Type of source Owners or occupiers of

premises

By LA

Type of action Directions on the manner

in which waste from the

premises should be

handled, prepared, or

deposited for collection

and removal

LAC 10(3)

Type of impact Provision of waste

receptacles

Type of source Owner or occupier of any

premises

Type of action Require the

owner/occupier to

provide refuse bins,

receptacles, refuse bin

centres or refuse bin

compartments

LAC 42(2)

Type of impact Refuse and waste

Type of source Any waste producers

Type of action May refuse to accept

refuse or waste on any

public disposal facility

without assigning any

reason or upon terms and

conditions

LAC 43(2)

Type of impact Refuse and waste

Type of source Any owner or occupier or

any work place or

premises

Type of action Require the

owner/occupier to

construct and operate

disposal facility

Chapter 4: Orders – Solid Waste

4.4-2


LAC 46

Type of impact Industrial waste

Type of source Occupier of any work

place or premises

Type of action To remove waste from

such work place

periodically

LAC 48

Type of impact Industrial waste

Type of source Occupier of any work

places or premises

Type of action To recycle or treat any

industrial waste found or

produced

PHO 29

Type of impact Refuse or other matter

Type of source Any premises in an

unclean, grimy, neglected,

un-kept or in-sanitary

condition

Type of action To remove or otherwise

dispose of

Chapter 4: Orders – Specific Waste Types

4.5-1

4.5 Specific Waste Types


LAC 50

Type of impact Toxic industrial waste

Type of source Occupier of work places

or premises

Type of action Alter process, equipment,

materials or take such

other steps as may be

necessary to reduce

toxicity or quantity of such

waste

LAC 27 (3)

Type of impact Derelict or unwanted

vehicles

Type of source Any person on whose land

the vehicle or part of such

vehicle is found

Type of action To remove the vehicle to a

disposal facility

SRC 17

Type of activity Abandoned or discarded

boats, canoes or logs in

gazetted rivers or banks

thereof

Type of source Owners

By SRB may by order direct

Type of action Remove or retrieve

VPHO 44

Type of activity Existing pig farms

Type of sources Owners

By SVA Activities – Others.,

after consulting controller

of EQ

Type of action Require such alterations as

he deems necessary.


5.2-1

5 Own Operation

5.1 Regulations Concerning Any Measure Related to Any Issue

Authority Mandate

May

Duty

Shall

Provision Ordinance

By-law

NREB Mandate Generally take or undertake such measures or steps as may be

necessary to safeguard the environment

NREO 5 (n)

All

authorities Mandate Every government department, statutory body and Local Authority

shall co-operate with and assist the Board and may on the

recommendation of the Board and with the approval of YPN

Undertake the construction of works and other measures for the

conservation of natural resources

NREO 9 (b)

Local

Authority

Duty Take such steps as may be necessary ....... to improve and maintain a

good and healthy standard of living for people

LAO 98 (f)

Take such steps as may be required to enhance the environment and

to prevent pollution

LAO 98 (g)

Carry out and implement or assist in the implementation or

execution of any works, project and scheme which the State

Government has decided to carry out or implement

LAO 98 (a)

5.2 Regulations Concerning Any Measure Related to specific issues

5.2.1 Health and Cleanliness


5.3-1

Authority Mandate

May

Duty

shall

Provisions Ordinance

By-law

Local

Authority Duty Keep the area within its jurisdiction clean and hygienic LAO 98 (d)

Local

Authority Mandate Safeguard and promote the public health and take all

necessary, practicable measures

(i) For preventing the occurrence of any infectious,

communicable or preventable disease

(ii) For maintaining its area in a clean and sanitary

condition

(iii) for preventing the occurrence of any nuisance

injurious or dangerous to health

LAO 104 (f)

Local

Authority Mandate Do all things necessary for or conducive to the public safety,

health and convenience

LAO 131 (r)

Local

Authority Mandate Make ... by-laws to maintain cleanliness and the disposal of

waste

LAO 91 (u)

5.2.2 Waste in Rivers, Streams, Drains and Sewers

Authority Mandate

May

Duty

shall


By-law

SRB Mandate Take all lawful, necessary and reasonable practicable measures

to keep gazetted rivers or port clean and free from filth, rubbish

or refuse

SRO 5 (c)

SRB

Duty Take all necessary measures to maintain and keep gazetted

rivers clean and to prevent any unauthorised and

indiscriminate discharge of effluent, sewage or refuse into

gazetted rivers

SRC 21 (a)

Prevent the accumulation of refuse in the river or the banks

thereof

SRC 21 (c)

5.3 Regulations Concerning Own Operation Related to Any Issue


5.4-1

Authority Mandate

may

Duty

shall


By-law

Local

Authority Mandate Execute works of such general advantage to the inhabitants..... LAO 131 (d)

NREB Mandate Undertake, construct and maintain upon any land such works or

activity as the Board may deem necessary for the protection and

enhancement of the environment

NREO 11

5.4 Regulations Concerning Own Operation Related to specific isues

5.4.1 Waste on Any Ground

Chapter 5: Appendices

5-1

Authority Mandate

May

Duty

Shall


By-law

Local

Authority Mandate Establish, maintain and carry out such sanitary services for

the removal and destruction of, or otherwise dealing with,

night-soil, slops, rubbish, litter, dead animals and all kinds of

refuse, waste and effluent

LAO 104 (a)

Establish, erect and maintain abattoirs LAO 104 (e)

Establish, erect, maintain, control and operate disinfecting

stations

LAO 104 (j)

Local

Authority Duty Chief Administrative Officer shall cause public roads to be

properly swept and cleansed and watered so far as is

reasonably practicable, and refuse and filth of every sort

found thereon to be collected and removed

LACB 5

Local

Authority Mandate Cause any number of refuse bins or other convenient

receptacles.... to be provided and placed in ...... any public

place ......... and shall arrange for the collection of refuse

contained therein

LACB 7 (1)

Local

Authority Mandate Determine or establish or maintain a system for the collection,

removal and disposal of waste of every description from all

premises

LACB 9 (1)

Appoint any company or person to undertake or provide the

service of collection, removal and disposal of waste under the

system referred to in paragraph (1)

LACB 9 (3)

Local

Authority Mandate Supply to the owner or occupier of any premises such number

of refuse bin or receptacle......... as the Local Authority shall

determine

LACB 10 (1)

Local

Authority Mandate Sell or dispose of the collected refuse, waste and filth or

matter as it thinks fit

LACB 17 (1)

Local

Authority Mandate Provide, acquire, construct and maintain public disposal

facilities for the deposit, treatment or disposal of refuse or

waste ... and may make available the facilities to any person

upon payment of fees

LACB 42 (1)

5.4.2 Waste in Rivers, Streams, Drains and Sewers


6-2

Authority Mandate

May

Duty

Shall


By-law

Local

Authority Mandate Erect, construct, equip and carry on sewerage or drainage

works

(a) with prior consent of the Permanent Secretary

(b) with prior consultation with the Director of Irrigation and

Drainage

LAO 132 (1)

Local

Authority Mandate Establish, maintain and carry on any sewage farms or sewage

disposal works ..........and may farm the same and dispose of

the produce thereof

LAO 134

Local

Authority Mandate (a) carry out either by its own servants or by contractors any

work in connection with the installation or improvement of a

drainage or sewerage system on any property ...... and may

connect any such system with the Local Authority’s drains or

sewers

LAO 138 (1)

SRB Duty Efficient execution of the following services

(b) the collection, removal and disposal of or otherwise deal

with all pollutant, refuse, timber, log, weed, long grass, tree or

other material floating in gazetted rivers

(c) to remove any dead wood, dilapidated fence, logs or other

material left on the banks or abutting upon such gazetted river

(d) to take measures to prevent such rubbish or refuse from

accumulating in or flowing into such gazetted river

SRO 12 (1)

SRB/Cont

roller Duty Any person who has in any gazetted river or the banks

thereof any effluent, refuse or rubbish which he intends to

discard or throw away shall notify the Controller

Arrange for the collection and disposal of any such effluent,

refuse or rubbish upon the payment of such person ....

SRC 16 (2)

SRB/

Controller Mandate Join with any Local Authority or ... arrange with any other

person or body of persons, to provide reception facilities for

the collection and disposal of such effluent, refuse or rubbish,

and into which owners of land abutting the river may

discharge or dispose any effluent, refuse or rubbish

SRC 16 (3)

6 Appendices

Appendix A

Activities in Sarawak Prescribed for EIA by EQA

Infrastructure

Airports

Airstrips on state land and in national park

New ports including fishing ports

50% expansion of existing ports including fishing port

Expressways


6-3

National Highways

Railways and mass transport projects

New townships

Industrial estates > 50 ha

Industry

Petrochemical industries

Other chemical industries > 100t/d

Al/Cu industries

Other non- ferrous industries > 50 t/d

Iron and Steel (ore) industries > 100 t/d

Iron and Steel (scrap) industries > 200 t/d

Clinker industry > 30 t/h

Other non-metal raw material based industries:

Rotary kiln lines > 100 t/d

Vertical kiln lines > 50 t/d

Shipyards, ships > 5000 TDW

Pulp & paper industry > 50 t/d

Oil & gas and power production

Oil and gas field development projects

Pipelines > 50 km

Processing and storage

Refineries

Product depos cap > 60000 barrels

within 3 km from housing, commercial or industrial areas

Power production from fossil fuels

Combined cycle power plants

Nuclear power plants

Waste and sewage

Waste incineration plants

Waste composting plants

Waste recycling plants

Hazardous waste storage & treatment

Outlets from sewage plants to marine areas

Appendix B

Activities delegated to NREB for preparing rules on EIA

General

Activities, which may pollute or endanger marine or aquatic life, pollute the air or create

erosion of banks and foreshores

Any other activity, which may injure, damage or have adverse impact on the environment

or natural resources

Urban development


6-4

Commercial, industrial and housing estates > specified.

Agriculture, logging, mining and fisheries

Agricultural estates and plantations > specified

Clearance of land for agriculture and plantation

Agriculture, clearance of land or mining which may pollute or affect sources of water

supply

Logging in previous logged areas

Logging in areas previous closed under provisions of FO

Extraction and removal of rock material

Fisheries

Waste management

Use of land for landfill or for the storage, disposal or treatment of municipal wastes.

Plants or facilities for the treatment of sewage or waste water


6-5

Appendix C

Activities in Sarawak prescribed for EIA by NREB

Urban development

Development of commercial and housing estates > 10 ha

Development of industrial estates (For LSIs and MSIs)

Reclamation of land by sea or river banks for housing, commercial or industrial estates

Agriculture and logging

Agricultural estates and plantations > 500 ha from forest, modificating the use of land or

involving resettlement of more than 100 families

Agricultural estates in mangrove swamps > 50 ha

Logging in previous logged areas > 500 ha or in areas previous closed under provisions of

FO

Mining

Mining involving use of chemicals (including explosives) > 50 ha

Open cast mining, which is likely to affect the landscape as to require rehabilitation

Quarrying of aggregate, limestone, silica, quartzite, sandstone, sand, marble which may

damage or have an adverse impact on fragile ecosystems.

Excavation of sand and other rock material from watercourses, streams or rivers

Fisheries, lakes and rivers and groundwater extraction

Commercial fish culture involving setting up of fishing appliances and equipment in

rivers and watercourses

Creation of lakes, ponds and reservoirs for rearing of fish or prawns > 50 ha

Diversion of watercourses, streams and rivers

Dams, artificial lakes or reservoirs for impounding water > 50 ha

Groundwater development > 4500 m3 / day


6-6

Appendix D

Installations within residential areas not permitted without prior approval after EQA

Any equipment or plant which:

discharge smoke darker than shade no 1 (Ringelmann)

discharge any solid particle > 0.5 kg / h

generates heat or power using pulverised fuel, any solid

fuel > 20 kg/h or any liquid or solid matter > 10 kg/h

are used for grain milling or polishing > 0.75 kW

are used in the manufacture, packing or repackaging of

- paints,

- varnishes,

- laquers,

- fish manure or animal feed or fertiliser

- all pesticides listed in Pesticide Act 74,

- industrial chemicals in the process of which mercury,

antimony, arsenic, cadmium, zinc, lead, copper or

any compound hereof is emitted,

Manufacture asbestos containing products

Use wood working machinery > 0.75 kW

Documents

Current Regulations on Solid and Liquid Wastes in Sarawak 3 Current Regulations on Solid and...- Sarawak Rivers Ordinance, 1993 - Water Ordinance, 1994 - Protection of Public Health