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Chapter 1

Part 2
(BFC32403)

Environmental Rules, Regulations


and Standards

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ENVIRONMENTAL LEGISLATION AND
REGULATION IN MALAYSIA
Managed by DOE

Concept of the National Policy Of The Environment

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DEPARTMENT OF ENVIRONMENT
MALAYSIA
• 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 (NRE).

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DEPARTMENT OF ENVIRONMENT
MALAYSIA
• 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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MALAYSIAN POLICY ON THE
ENVIRONMENT
The Aims:
The National Policy on the Environment aims at continued
economic, social, and cultural progress of Malaysia and
enhancement of the quality of life of its people, through
environmentally sound and sustainable development.
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 1974.
• 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 regulations
2. Clean Air regulations
3. Compounding of Offence rules
4. Sewage and Industrial Effluents regulations
5. Motor Vehicle Noise regulations
6. Environmental Impact Assessment List of Prescribed Activities
7. Three sets of regulations pertaining to generation, treatment
and disposal of Scheduled Wastes
8. 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 1974


2. Petroleum Mining Act 1966
3. Petroleum (Safety Measures) Act 1984
4. Dangerous Trade Enactment
5. Poisons Act 1955
6. Poisons (Agricultural and Industrial) Ordinance
7. Pesticides Act 1974
8. Explosives Act 1975
9. 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 WSIA;
– 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
AIR
(At POLLUTION
25 degree STANDARD
Celsius and 101.13 kPa)
Table 1.1 : Air Pollution Standards (Malaysia)
Averaging Malaysia Guideline
Pollutant Time (ppm) (µg/m3)
1 Hour 0.10 200
Ozone
(O3) 8 Hour 0.06 120
1 Hour 30 35 mg/m3
Carbon Monoxide
(CO)# 8 Hour 9 10 mg/m3
Nitrogen Dioxide
1 Hour 0.17 320
(NO2)
10 Minute 0.19 500
Sulphur Dioxide
1 Hour 0.13 350
(SO2)
24 Hour 0.04 105
24 Hour 260
Particles TSP 1 Year 90
24 Hour 150
Particulate Matter (PM10) 1 Year 50
Lead
3 Month 1.5
(Pb) of Environmental Malaysia)
(Source: Department
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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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Determines
Conformity
Assessment
The Malaysian National
Standard for Drinking Water
Quality recommends levels for
both raw water quality and
Physical,
drinking water quality chemical,
microbiologi
cal and
The standards ensure that the radiological
drinking water is safe to drink parameters
are included
and not hazardous to health or with
objectionable to the physical frequency of
senses of consumers testing

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WATER QUALITY STANDARD Anak Syarikat Milik Penuh RANHILL UTILITIES BHD

Parameters Unit Raw Water Treated


(average) Water

pH - 5.8 -6.9 6.5 - 9

Iron mg/l < 1.0 < 0.3

Manganese mg/l < 0.2 < 0.1

Turbidity NTU 300 <5

Suspended Solid mg/l 100 -

DO ppm 4-7 8 -10

Color TCU 300 < 15

Aluminium mg/l < 0.1 < 0.2


Fluoride ppm < 1.5 0.5 – 0.7
Res. Chlorine ppm - 1.5 – 2.5
Ammonia ppm - < 1.5

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Malaysia: National Guidelines for Raw Drinking Water Quality
(Revised December 2000)
Table 1.2: National Guidelines for Raw Drinking Water Quality
Parameter Symbol Benchmark
Sulphate 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
Surveillance
of drinking
water quality
Controlling of Testing of
pollution at water
source
Supplying of
potable water

•Department •Water Purveyor •Chemistry


•Ministry of
of and Public Works Department
Health
Environment Department Laboratory
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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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Table 1.3 : Malaysia : Interim National Water Quality
Standard (INWQS)
Parameter Classes
Unit
I IIA IIB III IV V

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


Biochemical Oxygen
mg/L 1 3 3 6 12 >12
Demand
Chemical Oxygen
mg/L 10 25 35 50 100 >100
Demand
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
μS/cm 1000 1000 - - 6000 -
Conductivity*
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
oC Normal + 2 Normal
Temperature - oC - - -
+ 2 oC
Turbidity NTU 5 50 50 - - -
Count/ 5000 5000
Faecel Coliform** 10 100 400 -
100ml (20000)a (20000)a
Count/
Total Coliform 100 5000 5000 50000 50000 >50000
100ml
Source: Environmental Quality Report 2010

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Table 1.4: Classification of Water Based on INWQS
Class
Parameter Unit
I II III IV V
Ammoniacal Nitrogen mg/L <0.1 0.1-0.3 0.3-0.9 0.9-2.7 >2.7
Biochemical Oxygen Demand mg/L <1 1-3 3-6 6-12 >12
Chemical Oxygen Demand mg/L <10 10-25 25-50 50-100 >100
Dissolved oxygen mg/L >7 5-7 3-5 1-3 <1
pH - >7 6-7 5-6 <5 >5
Total Suspended Solid mg/L <25 25-50 50-150 150-300 >300

Table 1.5: Water Classes and Uses


Class Uses
I 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 Irrigation
V None of the above
Source: Environmental Quality Report 2010 27
WASTEWATER DISCHARGE
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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TABLE 1.6 : EFFLUENT DISCHARGE STANDARDS TO
MALAYSIA INLAND WATER (1979)
PARAMETERS (mg/l) MAXIMUM PERMITTED VALUE
• Third Schedule of Environmental Quality Act,
STANDARD A STANDARD B
Temperature (o C)
1974 under the Environmental Quality
40 40
pH 6.0 - 9.0 5.5 - 9.0
(Sewage and Industrial Effluent) Regulation,
BOD5 at 20 o C 20 50
1979, regulation 8(1), 8(2) and 8(3).
COD 50 100 • Represent maximum or absolute values
Suspended Solids 50 100 which may not be exceeded.
Mercury 0.0 0.1 • Measurement is taken using a single grab
Cadmium 0.0 0.0 sample rather than a time averaged
Chromium, hexavalent 0.1 0.1 composite sample
Arsenic 0.1 0.1
Cyanide 0.1 0.1
Lead 0.1 0.5
Chromium, trivalent 0.2 1.0
Copper 0.2 1.0
Manganese 0.2 1.0
Nickel 0.2 1.0
Tin 0.2 1.0
Zinc 1.0 1.0
Boron 1.0 4.0
Iron 1.0 5.0
Phenol 0.0 1.0
Free Chlorine 1.0 2.0
Sulphide 0.5 0.5
Oil & Grease Not detectable 10.0
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SECOND SCHEDULE
(Regulation 7)(2009)
ACCEPTABLE CONDITIONS OF SEWAGE DISCHARGE OF STANDARDS A AND B
(i) New sewage treatment system
Note:
Standard A is applicable to discharges into any inland waters within catchment areas
listed in the Third Schedule, while Standard B is applicable to any other inland waters
or Malaysian waters.

Parameter Unit Standard


A B
(1) (2) (3) (4)
(a) Temperature oC 40 40
(b) pH Value - 6.0-9.0 5.5-9.0
(c) BOD5 at 20°C mg/L 20 50
(d) COD mg/L 120 200
(e) Suspended Solids mg/L 50 100
(f) Oil and Grease mg/L 5.0 10.0
(g) Ammoniacal Nitrogen (enclosed water mg/L 5.0 5.0
body)
(h) Ammoniacal Nitrogen (river) mg/L 10.0 20.0
(i) Nitrate - Nitrogen (river) mg/L 20.0 50.0
(j) Nitrate - Nitrogen (enclosed water body) mg/L 10.0 10.0
(k) Phosphorous (enclosedmaya@kuittho.edu.my,
water body) copyright 2007
mg/L 5.0 10.0 30
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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Solid Waste and Public Cleansing

• The Act The Solid Waste and Public Cleansing


Management Act 2007 (Act 672) was gazetted
on 30th August 2007 and was enforced on 1st
September 2011. It was enacted to ensure the
uniformity of law relating to the management of
solid waste and public cleansing throughout
Peninsular Malaysia and the Federal Territories
of Kuala Lumpur, Putrajaya and Labuan.

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• Act 672 makes it mandatory for all operators of solid
waste and public cleansing management services as
well as facilities to apply license from the Director
General of the National Solid Waste Management
Department. The Act also specifies that a prior written
approval from the Director General of the National
Solid Waste Management Department before any
construction or alteration or closure of prescribed solid
waste management facilities. Act 672 also covers the
following:
– Control of solid waste generators and persons in
possession of controlled solid waste;
– Enforcement; and
– Reduction and recovery of controlled solid waste.

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• Act 672 empowers the Federal Government to take over
the management of solid waste and public cleansing
from the Local Authorities (LAs) throughout Peninsular
Malaysia and the Federal Territories of Putrajaya and
Labuan.
• The implementation of Act 672 and its related regulations
on solid waste and public cleansing management will
trigger a major change in the modus operandi of solid
waste and public cleansing management in Malaysia.
• Upon Act 672 coming into force, all works on solid waste
and public cleansing management will be fully
undertaken by PPSPPA.

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• This involves the immediate takeover of responsibilities
of solid waste and public cleansing management from all
LAs.
• This is because the LAs will no longer have jurisdiction
over the collection and disposal of garbage, as well as
cleansing of public roads, public places, public toilets
and drains.
• PPSPPA will assume the management and operation of
all landfill sites under the LAs, including identifying and
evaluating sanitary landfills, transfer stations,
incineration technologies, and plant management.
• PPSPPA = Perbadanan Pengurusan Sisa Pepejal &
Pembersihan Awam

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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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END

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