ENVIRONMENTAL LEGISLATION AND REGULATION IN MALAYSIA

Managed by DOE

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Concept of the National Policy Of The Environment

DEPARTMENT OF ENVIRONMENT

Department of Environment (DOE) was originally created as Environment Division under the Ministry of Local Government and Environment on 15 April 1975.

Environment Division was then placed under the Ministry of Science, Technology and Environment in March 1976.

Based on the importance of environmental protection and conservation, on 1 September 1983, the Environment Division has been upgraded to a Department known as the Department of Environment.

On March 2004, DOE was then placed under the Ministry of Natural Resources and Environment.

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DEPARTMENT OF ENVIRONMENT

The establishment of Department of Environment is based on the Environmental Quality Act, 1974 which was enacted in March 1974 and came into force on 15 April 1975.

The main function of the DOE is to prevent, eliminate, control pollution and improve the environment, consistent with the purposes of the Environmental Quality Act 1974 and the regulations thereunder.

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MALAYSIA POLICY ON THE ENVIRONMENT

The objectives are to achieve :

1. A clean, safe, healthy and productive environment for present and future generations

2. Conservation of the country’s unique and diverse cultural and natural heritage with effective participation by all sectors of society

3. Sustainable lifestyles and patterns of consumption and production

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MALAYSIA POLICY ON THE ENVIRONMENT

The National Policy on the environment is based on 8 principles that harmonies economic development goals with environmental imperatives. These interrelated and mutually supporting principles are:

1. Stewardship of the Environment

Exercise respect and care for the environment in accordance with the highest moral and ethical standards.

2. Conservation of Nature’s Vitality and Diversity

Conserve natural ecosystems to ensure integrity of biodiversity and life support systems.

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MALAYSIA POLICY ON THE ENVIRONMENT

3. Continuous Improvement in the Quality of the Environment

Ensure continuous improvement in the productivity and quality of the environment while pursuing economic growth and human development objectives.

4. Sustainable Use of Natural Resources

Manage natural resource utilization to sustain the resource base and prevent degradation of the environment.

5. Integrated Decision-Making

Integrate environmental dimensions in the planning and implementation of the policies, objective and mandates of all sectors to protect the environment.

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MALAYSIA POLICY ON THE ENVIRONMENT

6. Role of Private Sector

Strengthen the role of the private sector in environmental protection and management.

7. Commitment and Accountability

Ensure the highest commitment to environmental protection and accountability by all decision-makers in the public and private sectors, resource users, non-Governmental organizations and the general public, in formulating, planning and implementing their activities

8. Active participation in the International Community

Participate actively and effectively in regional and global efforts towards environmental conservations and enhancement.

Important link:http://www.nre.gov.my/English/Environment/Pages/environment.aspx

and http://www.doe.gov.my/portal/

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MALAYSIAN ENVIRONMENTAL LAW

The regulatory and legal framework governing environmental issues is set out in the Environmental Quality Act 1974, commonly referred to as the EQA.

The EQA establishes the Director-General of Environmental Quality who heads the DOE and the Environmental Quality Council comprising Government and industry representatives.

The EQA is designed for the prevention, abatement, control of pollution and enhancement of the environment.

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MALAYSIAN ENVIRONMENTAL LAW

To date, Minister has promulgated thirteen sets of environmental regulations, governing specific industries, such as the following:

1. Licensing regulations2. Clean Air regulations3. Compounding of Offence rules4. Sewage and Industrial Effluents regulations5. Motor Vehicle Noise regulations6. Environmental Impact Assessment List of Prescribed Activities7. Three sets of regulations pertaining to generation, treatment

and disposal of Scheduled Wastes8. Control of Smoke and Gas Emission rules

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DEPARTMENT OF ENVIRONMENT (DOE)

The function of DOE is to administer and enforce the EQA 1974 and Section IV of the Economic Exclusive Zone Act, 1984.

One of the DOE’s main objectives is to preserve a healthy, clean and safe environment for the present and future generations.

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MALAYSIAN ENVIRONMENTAL LAWS

Malaysia has many agencies and laws that are responsible for the control of traffic on toxic and dangerous products and wastes. These include :

1. Petroleum Development Act 19742. Petroleum Mining Act 19663. Petroleum (Safety Measures) Act 19844. Dangerous Trade Enactment5. Poisons Act 19556. Poisons (Agricultural and Industrial) Ordinance7. Pesticides Act 19748. Explosives Act 19759. The Technical Instruction for Safe Transport of Dangerous

Goods by Air

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National Water Services Commission Act 2006 (Act 654)

The National Water Services Act 2006 or the Suruhanjaya Perkhidmatan Air Negara Act 2006 which came into effect on 1 February 2007 is enforced by the Ministry of Energy, Water and Communication.

This Act was enforced to establish a body known as the Suruhanjaya Perkihdmatan Air Negara (SPAN), or the National Water Services Commission to regulate and enforce the provisions of the Water Industry Services Act 2006 (Act 655) known as WSIA.

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National Water Services Commission Act 2006 (Act 654)

The Commission, which is fully functional since 1 January 2008, is a central regulatory agency to oversee adequate, clean and healthy water supply including the treated water supply.

The Commission shall have all the functions conferred on it under the water supply and sewerage services laws and shall also have the following functions:

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National Water Services Commission Act 2006 (Act 654)

to implement and enforce the water supply and sewerage services laws and to recommend reforms to the water supply and sewerage services laws;

to ensure the productivity of the water supply and sewerage services industry and the monitoring of operators’ compliance with stipulated services standards, contractual obligations and relevant laws and guidelines;

to ensure national development goals pertaining to coverage, supply and access to water supply services and sewerage services are achieved;

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The Water Services Industry Act 2006 (WSIA) (Act 655)

The Water Services Industry Act 2006 (WSIA) which came into force on 1 January 2008 is a federal law and enacted to regulate water supply services and sewerage service industry.

The WSIA is enacted for the following objectives: to ensure uniformity of law and policy to make a law for the

proper control and regulation of water supply services throughout Peninsular Malaysia and the Federal Territories of Putrajaya and Labuan;

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Three main subsidiary legislation have been introduces in this Act; Water Services Industry (Licensing) Regulations 2007) –

prescribes all matters relating to the issuance of individual licenses and registration of class licenses granted under WSIA.

Water Services Industry (Permit) Rules2007 – issues rules on all matters relating to the issuance of permits granted under WSIA.

Water Services Industry (Licensing) (Exemption) Order 2007 – exempts a person from individual or class licensing requirement, by order of the Minister.

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1. AIR POLLUTION STANDARD

The air quality standards are set by Department of Environment Malaysia (DOE) with reference of the United States Environmental Protection Agency (US EPA).

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Recommended Malaysian Air Quality Standards (At 25 degree Celsius and 101.13 kPa)

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PollutantAveraging

Time

Malaysia Guideline

(ppm) (µg/m3)

Ozone(O3)

1 Hour 0.10 200

8 Hour 0.06 120

Carbon Monoxide(CO)#

1 Hour 30 35 mg/m3

8 Hour 9 10 mg/m3

Nitrogen Dioxide (NO2)

1 Hour 0.17 320

Sulphur Dioxide (SO2)

 

10 Minute 0.19 500

1 Hour 0.13 350

24 Hour 0.04 105

Particles TSP

24 Hour   260

1 Year   90

Particulate Matter (PM10)

24 Hour   150

1 Year   50

Lead(Pb)

 3 Month  

1.5 

(Source: Department of Environmental Malaysia)

2. WATER QUALITY STANDARDS

The objective of these standards is not only to give guidelines for continual quality of water supplied to public but also to ensure effective protection of public health besides to improve the management of the water utilities.

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DeterminesConformity

Assessment

DeterminesConformity

Assessment The Malaysian National Standard for

Drinking Water Quality recommends levels for both raw water quality and drinking water quality

The standards ensure that the drinking water is safe to drink and not hazardous to health or objectionable to the physical senses of consumers

Physical, chemical, microbiological and radiological parameters are included with frequency of testing

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WATER STANDARD QUALITY

Raw Water (average)

Treated Water

Parameters

Unit

pH 5.8 -6.9 6.5 - 9

Iron < 1.0 < 0.3

Turbidity 300 < 5

DO 4 - 7 8 -10

Manganese < 0.2 < 0.1

Suspended Solid

100 -

Color < 15

Aluminium < 0.1 < 0.2

Fluoride < 1.5 0.5 – 0.7

-

mg/l

NTU

ppm

mg/l

mg/l

TCU

mg/l

ppm

Res. Chlorine - 1.5 – 2.5ppm

300

Ammonia - < 1.5ppm

Anak Syarikat Milik Penuh RANHILL UTILITIES BHD

Malaysia: National Guidelines for Raw Drinking Water Quality (Revised December 2000)

Parameter Symbol BenchmarkSulphate SO4 250 mg/l

Hardness CaCO3SO 500 mg/l

Nitrate NO3SO 10 mg/l

Coliform - Must not be detected in any 100 ml sample

Manganese Mn 0.1 mg/l

Chromium Cr 0.05 mg/l

Zinc Zn 3 mg/l

Arsenic As 0.01 mg/l

Selenium Se 0.01 mg/l

Chloride Cl 250 mg/l

Phenolics - 0.002 mg/l

TDS - 1000 mg/l

Iron Fe 0.3 mg/l

Copper Cu 1.0 mg/l

Lead Pb 0.01 mg/l

Cadmium Cd 0.003 mg/l

Mercury Hg 0.001 mg

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Scope of activities: All phases of drinking water quality

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Controlling of pollution at source

Supplying of potable water

Testing of water

Surveillance of drinking water quality

• Water Purveyor and Public Works Department

• Ministry of

Health

• Chemistry Departme

nt Laborator

y

• Department of

Environment

Interim National Water Quality Standards

It is important to maintain high quality level for natural water.

Therefore, the Department of Environment has set up the minimum quality standard that reflects its beneficial uses.

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ParameterUnit

Classes

I IIA IIB III IV V

Ammoniacal Nitrogen mg/L 0.1 0.3 0.3 0.9 2.7 >2.7

Biochemical Oxygen Demand mg/L 1 3 3 6 12 >12

Chemical Oxygen Demand mg/L 10 25 35 50 100 >100

Dissolved Oxygen mg/L 7 5-7 5-7 5-9 5-9 -pH - 6.5-8.5 6-9 6-9 5-9 5-9 -Color TCU 15 150 150 - - -

Electrical Conductivity* μS/cm 1000 1000 - - 6000 -

Floatables - N N N - - -Odor - N N N - - -Salinity % 0.5 1 - - 2 -Taste - N N N - - -

Total Dissolve Solid mg/L 500 1000 - - 4000 -

Total Suspended Solid mg/L 25 50 50 150 300 300

Temperature oC - Normal + 2 oC - Normal

+ 2 oC - -

Turbidity NTU 5 50 50 - - -

Faecel Coliform** Count/100ml 10 100 400 5000

(20000)a5000

(20000)a -

Total Coliform Count/100ml 100 5000 5000 50000 50000 >50000

Table 1.2: Interim National Water Quality Standard

Source: Environmental Quality Report 2010

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Parameter Unit ClassI II III IV V

Ammoniacal Nitrogen mg/L <0.1 0.1-0.3 0.3-0.9 0.9-2.7 >2.7Biochemical Oxygen Demand mg/L <1 1-3 3-6 6-12 >12Chemical Oxygen Demand mg/L <10 10-25 25-50 50-100 >100Dissolved oxygen mg/L >7 5-7 3-5 1-3 <1pH - >7 6-7 5-6 <5 >5Total Suspended Solid mg/L <25 25-50 50-150 150-300 >300

Class UsesI Conservation of natural environment.

Water Supply I – Practically no treatment necessary.Fishery I – Very sensitive aquatic species.

IIA Water Supply II – Conventional treatment required.Fishery II – Sensitive aquatic species.

IIB Recreational use with body contact.III Water Supply III – Extensive treatment required.

Fishery III – Common, of economic value and tolerant species; livestock drinking.IV IrrigationV None of the above

Source: Environmental Quality Report 2010

Table 1.4: Classification of Water Based on INWQS

Table 1.5: Water Classes and Uses

3. WASTEWATER STANDARD

The ultimate goal of wastewater management is the protection of the environment in a manner commensurate with better waste quality, publics health, economic, social and political comments.

The effluents from industries and sewerage are required to be treated to a certain quality before they are discharged into the water course.

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Typical Connection

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EFFLUENT DISCHARGE STANDARDS TO MALAYSIA INLAND WATER

PARAMETERS (mg/l)STANDARD ASTANDARD B

Temperature (oC) 40 40pH 6.0 - 9.0 5.5 - 9.0

BOD5 at 20oC 20 50

COD 50 100Suspended Solids 50 100

Mercury 0.0 0.1Cadmium 0.0 0.0

Chromium, hexavalent 0.1 0.1

Arsenic 0.1 0.1Cyanide 0.1 0.1Lead 0.1 0.5

Chromium, trivalent 0.2 1.0Copper 0.2 1.0Manganese 0.2 1.0Nickel 0.2 1.0Tin 0.2 1.0Zinc 1.0 1.0Boron 1.0 4.0Iron 1.0 5.0Phenol 0.0 1.0Free Chlorine 1.0 2.0Sulphide 0.5 0.5Oil & Grease Not detectable 10.0

MAXIMUM PERMITTED VALUE

• Third Schedule of Environmental Quality Act, 1974 under the Environmental Quality (Sewage and Industrial Effluent) Regulation, 1979, regulation 8(1), 8(2) and 8(3).

• Represent maximum or absolute values which may not be exceeded.

• Measurement is taken using a single grab sample rather than a time averaged composite sample

ENVIRONMENTAL IMPACT ASSESSMENT (EIA)

The aim of EIA is to assess the overall impact on the environment of development projects proposed by the public and private sectors. The objectives of EIA are:

1. To examine and select the best from the project options available

2. To identify and incorporate into the project plan appropriate abatement and mitigation measures

3. To predict the significant residual environmental impacts

4. To identify the environmental costs and benefits of the project to the community.

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WHY IS EIA SO IMPORTANT?

EIA is essentially a planning tool for preventing environmental problems due to action. It seeks to avoid costly mistakes in project implementation, or modifications in order to make the action environmentally acceptable. In Malaysia, EIA is required under section 34A of the EQA.

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CONCLUSION

Addressing environmental issues is imperative in the quest of making Malaysia an advanced nation. Law and legal obligations must be considered obligation must be considered when undertaking any development, which may impact the environment, no matter how small. Professionals and people of various backgrounds play a major role in using their skills to manage and control pollution. The oft-quoted native Indian proverb which was at the heart of the Brundtland Report rings true:

“We do not inherit the earth from our ancestors, we owe it to our children.”

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