As part of the government’s effort to promote a safe and sustainable environment for the future generations, the Government of Malaysia has took legal actions and institutional arrangements such that environmental factors are included as part of a project planning requirements for any future developments. This new institutional legislations requires the establishment of business/industry in the country to prioritize environmental requirements and strict assessments after a business or industry has been registered and in operation.
Before any business can legally operate in any part of the state in Malaysia, businesses and corporates are required to follow strictly a list of compliances with some form of licensing whether it is an industry/sector specific licence or activity specific licence, which would depend on the businesses that is in operation. These licences varies from registrations, approvals or permits. The legislations that had been enforced are the pillars of foundations to support the varieties of licences that maintain a balanced in social developments and environmental conservations.
Since it was made a National Policy in 2002 ,a principle was set to maintain a harmonious economic development goals by interpreting a stewardship of the environment, conserving the natures diversity, putting continuous actions in improving the quality of the environment, a sustainable use of existing nature resources reserves, implying decision-making actions wherever possible, responsibilities of the private sector, continuous commitment and accountability and finally active participation from the international community.
Environmental Quality Act (EQA) was enacted in 1974 specifically to restrict the illegal disposal of wastes into the environment. This legislation as to this day has a total of 38 sets of regulations and orders as per Appendix A, all relating to the prevention, control of pollutions and enhancement in the quality of environment in Malaysia. There are several requirements that involves the Director General of Environmental Quality as to project implementation. First is the Environmental Impact Assessments Reports which is mention under section 34A of the EQA.Then,there is the site suitability evaluations, a written permission that allows for the construction of businesses that requires waste treatment and proper waste disposal( Crude oil mills, dyeing factories ) under section 19 of the EQA, a written approval for the instalments of waste disposal units such as, incinerators, burners or chimneys under Environmental Quality Regulations(1978) and EQA (1974) and finally, the licences to operate a businesses under section 18 of the EQA.
The Environment Quality Act (EQA) 1974 of Discharge Quality Standards specifies standards for discharge of waste upstream and downstream to natural sources such as rivers. The effluent quality (Treated Industrial Waste Water) must abide by a minimum requirements set by the Environmental Quality Act 1974 and the limits, set down by Environmental Quality Regulations (Sewage Industrial Effluent Regulations,1979).In general, there are a few types of effluents namely,
1. General manufacturing effluents
2. Specific effluents
3. General Service effluents
4. Intermittent effluence
Therefore, the design of Industrial effluences must take considerations of the many factors such as production capacities, daily volume of effluents and the composition of make-up water used by the plant process etc. A legislation was implemented to control the effluent quality which is the Industrial Effluent Treatment Systems (IETS). In section 4 of the Industrial Effluent Regulations in 2009 (IE2009), a business premises needs to notify the Department of Environment (DOE) for any new sources of Industrial Effluent, increase in effluent quality resulting from an increase in production quantity and upgrading existing IETS resulting from worsening effluent quality.
Environmental Impact Assessment (EIA) Order 1987 is a study to generate report under the approval of the Director General of Environment prior to giving approval by any federal or state government authority. The approving authority would then come up with the decision whether the study is worth proceeding. The members of the EIA study should be competent individuals that have a background and legally registered with the Department of Environment (DOE).The list of suitable candidates range from subject consultants to assistant consultants etc. If a report was filled by individual without registration from the DOE, then the EIA report would be invalid and will be automatically rejected by the DOE. In Malaysia, there are two procedures that have been adapted which is the Preliminary EIA and the Detailed EIA.
A Preliminary EIA report is then reviewed by government agencies such as the Department of Environment state office and other related government agencies. The proper format and procedures for a Preliminary EIA is shown in Appendix F1 of the Environmental Quality (Environment Impact Assessment) Order of 1987.The Detailed EIA required the project leader to submit Terms Of reference (TOR) to the Department of Environmental (DOE) for review and approval. The proper format and procedures to form a Detailed EIA are listed in Appendix C of the Environmental Quality (Environmental Impact Assessment) Order of 1987.For industrial project however, EIA functions to assist scouting for site locations as well as taking necessary environmental control and mitigation approach. The EIA would predict the environmental impacts and recommending project plans till eventually protecting the environment at a cost where it benefits both the project and the surrounding communities.
In 1993, an enactment for sewerage service, namely the Sewerage Services Act of 1993 was enacted by the Duli Yang Maha Mulia Seri Paduka Baginda Yang di-Pertuan Agong with the advice and consent of the Dewan Negara and Dewan Rakyat in Parliament assembled. The enactment which was applied throughout the country of Malaysia. The content of the enactment touches on the authority of the state government and the federal government in various areas where both parties comes to an agreement to manage the sewage services throughout the state together. Part 3 of the act implies on the general role of a Director General and their deputies and the power entrusted onto them whether it is to prescribe standards regarding the sewerage systems, to secure functions and obligations of every service contractor whom agreed to an agreement under section 7 are properly carried out throughout Malaysia or other responsibilities that may concerns them.
Part 8 of the Sewerage Service Act 1993 touches on the approval that is required by any businesses premises from the Director General if a sewerage system or a septic tank is to be constructed. A plan is to be submitted along with specifications of the premises under a written law of the local authority or other regulatory bodies that it may concerns before an approval for the construction or the erection of the building is to be granted by approving authority who would then submit the documents to the Director General. The Director General may reject any plan and specifications if it is not in compliance with the Sewerage Service Act 1993.The person whom submitted the plans may re-submit his/her plans within a period as specified by the Director General. If however the amended plans were fail to submit it the period specified by the Director General, the plan would be deemed withdrawn and shall not be re-considered without prejudice to the individual’s rights to submit a new/revamped plan.
Other than the policies and the enactments mentioned above, there is also the National Water Services (SPAN) that was introduced to regulate and distribute the water services and sewerage treatments into an effective and through transparent implementation of the Water Services Act 2006 (655) towards a sustainable and efficient water provider to all industries.There is a private owned company, Indah Water which is responsible to develop an efficient sewerage system for the Peninsular of Malaysia.