EIA Country Report for Malaysia

Legal Framework
State, Country or Province: 
Malaysia
EIA law: 
Environmental Quality Act 1974 (EQA) (as amended)
EIA Procedure
Projects Requiring EIA: 
Government projects
Projects Requiring EIA: 
Private projects
Abridged Assessments: 
No
Best Practices in Lieu of EIA: 
No
Who Conducts Screening: 
Government
Who Conducts Screening Detail: 
"The Minister, after consultation with the Council, may by order prescribe any activity which may have significant environmental impact as prescribed activity." EQ Act, sec. 34A(1); see also Environmental Quality (Prescribed Activities)(Environmental Impact Assessment) Order, 1987
Criteria for Screening: 
List or appendix of project or activity types
Criteria for Screening Detail: 
Prescribed activities are described in the Environmental Quality (Prescribed Activities)(Environmental Impact Assessment) Order, 1987
Who Prepares EIA: 
Project Proponent (with or without contractor)
Who Pays for EIA: 
Project Proponent
EIA Contractor Qualifications: 
Yes
EIA Contractor Qualifications Detail: 
The DOE maintains a consultant registration scheme.
Conflict of Interest: 
No
Terms of Reference (TOR): 
Yes
Terms of Reference Detail: 
For projects which have been determined to require detailed assessment, the project initiator must submit the terms of reference (TOR) in accordance to the format outlined in specific EIA guidelines. The draft TOR for Detailed Assessment are prepared by the project initiator and to be confirmed by the expert Review Panel and are prepared in consultation with relevant environment related agencies and the project initiator.
Days for Decisionmaker Review: 
90
Written Decision: 
Yes
Written Decision Detail: 
Yes
Authority to Impose Conditions: 
Yes
Authority to Impose Conditions Details: 
If the Director General is of the opinion that the measures to control the adverse impact are inadequate, he shall not approve the report, but give reasons. The proponant may submit a revised report. Amend, 1985,
Financial Assurances or Bond: 
No
Financial Assurances Detail: 
No mention in laws or regulations.
EIA Content
Interdisciplinary Team: 
Yes
Range of Alternatives: 
Yes
Range of Alternatives Detail: 
TOR requires "a brief discussion on the project options." Appendix 5.
No Action Alternative: 
No
No Action Alternative Detail: 
No mention in the laws or regulations.
Type(s) of Impact Analysis: 
Direct environmental impacts
Mitigation: 
Yes
Mitigation Detail: 
"The report shall be in accordance with the guidelines prescribed by the Director General and shall contain. . . proposed measures that shall be undertaken to prevent, reduce or control the adverse impact on the environment." EQ Act, sec. 34A(2). mitigation and abatement measures must be developed (detailed EIA only). Appendix 5
Monitoring Plans: 
No
Monitoring Plans Detail: 
No
Access to Information
Public Notice of Draft EIA: 
No
Draft EIA Available: 
No
Draft EIA Locations: 
Other
Public Notice of Final EIA: 
Yes
Public Notice of Final EIA Detail: 
The public is notified through mass media when the detailed EIA reports are available for comment.
Final EIA Available: 
Yes
Final EIA Available Detail: 
Detailed EIA are displayed at all Dept. of Environment offices, as well as public and university libraries.
Final EIA Locations: 
Library
Final EIA Locations: 
Agency or ministry office
Fee to View EIA Documents: 
No
Fee to Obtain EIA Documents: 
No
Availability of Reference Studies: 
No
Public Notice of Final Decision: 
No
Public Participation
Public Scoping: 
Yes
Public Scoping Detail: 
The Terms of Reference (TOR) is the scoping process for a detailed EIA, and must contain baseline information, outlinging sampling methodologies, locations, and parameters. See Appendices 4 & 5, Malaysian Dept. of Environment at www.doe.gov.my/ms/content/environmental-impact-assessment-eia
Public Participation Opportunities: 
Review of final EIA
Public Meetings Detail: 
no response to this question provided
Criteria to Hold Public Meeting: 
Ministry or agency has discretion to decide whether to hold a meeting or hearing
Days for Public to Review Draft EIA: 
0
Days for Public to Review Draft OLD: 
No Response
Days for Public to Review Final OLD: 
12 weeks. Malaysian Dept. of Environment at www.doe.gov.my/ms/content/environmental-impact-assessment-eia
Public Comments on Final EIA: 
Yes
Public Comments on Final EIA Detail: 
Only on detailed EIA Reports. Malaysian Dept. of Environment at www.doe.gov.my/ms/content/environmental-impact-assessment-eia
Response to Public Comments: 
No
Response to Public Comments Detail: 
No mention in the laws or regulations
Facilitation of Public Participation: 
No
Facilitation of Public Participation Detail: 
No specific mention although Dept. of Environment online notices are available in multiple languanges. See Malaysian Dept. of Environment at www.doe.gov.my/ms/content/environmental-impact-assessment-eia
Judicial Review/Enforcement
Citizen Administrative Review: 
No
Citizen Judicial Review: 
No
Citizen Judicial Review Detail: 
No Mention
Project Monitoring: 
No
Enforceability of EIA: 
No
Enforceability of Permit: 
No
   Updated 26 Mar, 2012