Forum for FNCA 2019 Study Panel on “Environmental impact assessment (EIA) in the legal and regulatory framework for nuclear
energy-related activities, 07 March 2019, Tokyo Japan.

ENVIRONMENTAL IMPACT ASSESSMENT (EIA)
IN THE LEGAL AND REGULATORY FRAMEWORKFOR NUCLEAR ENERGY-RELATED ACTIVITIESSuhana Jalil, PhD.

suhana@aelb.gov.myRadiation Control and Supervision Division
http://ww.aelb.gov.my
Atomic Energy Licensing Board Malaysia (AELB)
Ministry of Energy, Science, Technology, Environment and Climate Change (MESTECC)

Ensuring Safety, Security & Safeguarding Peaceful Nuclear Activities

Presentation Outline
 Introduction
 Regulatory Body Infrastructure Malaysian Legal Framework Answering Questionnaire on EIA for nuclear-relatedactivities (Malaysia case) Conclusions – A way forward

http://ww.aelb.gov.my2

Introduction• Environmental assessment is an important technique for ensuring thatthe likely impacts on the environment of proposed development/facility
are fully understood and taken into account before such development isallowed to go ahead.
• Environmental Impact Assessment (EIA) is required for activitiesprescribed under the Environmental Quality Act 1974 (Act 127)Environmental Quality (Prescribed Activities) (Environmental ImpactAssessment) Order 1987.
• In addition, Radiological Impact Assessment (RIA) is also required foractivities associated with radioactive materials and radioactive waste
under Atomic Energy Licensing Act 1984 (Act 304).
http://ww.aelb.gov.my3

Regulatory Body Infrastructure

Director General
Atomic Energy Licensing Board (AELB)

Director General
Department of Environment (DOE)

http://ww.aelb.gov.myAct 127

EIARIAAct 304

4

Malaysia Legal Framework• Environmental Quality Act 1974 (Act127) was established on 1974 (Act127)• Department of Environment (DOE)
was established under Act 127• An act relating to prevention,abatement, control of pollution andenhancement of the environment, andfor purposes connected therewith orrelated thereto. .

• EIA is subjected under Section 34A (2)Environment Quality Act 1974, 2ndSchedule* - Environmental Quality(Prescribed Activities) (EnvironmentalImpact Assessment) Order 2015 –using radioactive materials andgenerating radioactive wastes.
http://ww.aelb.gov.myNote: *2nd Schedule = subject to public display & public comments• Atomic Energy Licensing Act wasestablished on 1984 (Act 304)

• Atomic Energy Licensing Board(AELB) was established under Act 304• The act to provide for the regulationand control of atomic energy, for theestablishment of standards on liability
for nuclear damage and for mattersconnected therewith or related
thereto.

• RIA is subjected under AtomicEnergy
LicensingAct
1984,
Radiation
Protection(Licensing)
Regulations 1986 - for nuclear
installation, milling of materials
containing
orassociatedwithradioactive
materials/nuclear
materials, waste treatment facility.
5Questionnaire Answers
PART 2 – FNCA Member that have EIA law(s) or equivalent regardless of whether the law(s) apply(ies)to nuclear energy-related activitiesNO.

QUESTIONANSWER

9

Does your country’s legal framework require
carrying out an environmental assessment
prior to making decisions on?

• Project activities• Programs (Projects)

10

11

According to your country’s EIA law(s), does
the EIA need to analyse?

According to your country’s EIA law(s), is
there a requirement to notify and/or consult
with?
http://ww.aelb.gov.myOnly national impacts

REMARKSEIA - Environment Quality Act
1974 (Act 127)-

Other national authorities • Atomic Energy Licensing
Board (AELB) when dealing
with radioactive / nuclearmaterials.
• To conduct RIA (once DEIA
approved by DOE)
6

Questionnaire Answers (continue)NO.

QUESTION

12

Does your country’s EIA law include therequirement to provide an opportunity formembers of the public to participate in theEIA process?

ANSWER
Yes, but only for domestics
members of public

REMARKS•••
13

According to your country’s legal framework,is there a requirement to makeenvironmental information publiclyavailable?

NoPublic display and public comments for 1month
Apply to activities stipulated under 2nd
Schedule Environmental Quality(Prescribed Activities) (Environmental
Impact Assessment) Order 2015
Or known as Detail EIA or DEIA

However, for regulator assessment:••
http://ww.aelb.gov.my•

After submission DEIA, one monthreview period is provided for the public
to submit their responses and comments
in writing to DOE.

EIA will be displayed at selected locations(DOE state office, public libraries andlocal authority offices) where the public
can view the documents easily.

EIA will be uploaded into the DOE
website for the duration of the review
period.
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13(a) Specific Environmental information (in the DEIA) made public during public display &public comments:-a) Existing environment
 site setting, climate & meteorology, land use, human environment, environmental
baseline investigation, ecology, socio economic environment, nearby port, roadsb) Potential environmental impacts & recommended mitigation measures
 surface water, soil & ground water, environmental noise, solid waste, ambient air,
biological resources, socio economic issues, traffic & transportationc) Environmental Management Plan Water quality monitoring, boundary noise monitoring, air quality monitoring, soil
& ground water monitoring
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Questionnaire Answers (continue)NO.
14

QUESTION
Does your country’s EIA law(s) specifically apply tonuclear energy-related activities?

http://ww.aelb.gov.myANSWER
NoREMARKS
There are, in total of 17 prescribed activities llisted
under 2nd Schedule Environmental Quality(Prescribed Activities) (Environmental Impact
Assessment) Order 2015.
1) agricultural,
2) aerodrome,3) drainage & irrigation,4) fisheries,5) floristry,6) industry,7) land reclamation,8) mining,9) petroleum,10) ports,11) power generation & transmission,12) development in coastal area,
13) national part & state park,14) development in slope area,15) waste treatment & disposal, construction ofdam,16) transportation and17) radioactive materials & radioactive waste.
9Questionnaire Answers (continue)
PART 3 – For those FNCA Member countries with an EIA law(s) or equivalent that apply(ies) to nuclear
energy-related activitiesNO.

QUESTION

15

Does your country’s legal framework requirecarrying out an EIA prior to making a decision on:
If NO, would it be possible to extend the applicationof the general EIA law(s) to nuclear energy-related
activities or would new legislation need to bedrafted

http://ww.aelb.gov.myANSWER
NoREMARKSEIA required once for any project(nuclear-related activities)
Yes, it has been done through RIA.

For nuclear energy-related activities i.e.
license for nuclear installation / millingof materials containing or associated withradioactive materials/nuclear materials,
waste treatment facility – RIA is requires
at each stage of license (siting, construct,pre-operational, operational,decommissioning)
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Example of nuclear installation / milling of materials containing or associatedwith radioactive materials/nuclear materials, waste treatment facility license.

DEIARIA

Update RIA

Update RIA

Update RIA

Update RIA

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3

4

5Siting

Construction

Temporary Operation Stage
License, TOL

Full Operation Stage License,
FOL

Decommissioning

Act 304 – license stages

Act 304:
Decommissioning &disposal

http://ww.aelb.gov.my11

Conclusion : A way forward• Strengthen best available techniques & best management inconducting EIA and RIA,
• Integrated communication in decision making through other agency• Environmental & radiological safety mainstreaming• Enhancement of EIA / RIA procedures

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TERIMA KASIHTHANK YOU
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