Page 1
DANCED SARAWAK GOVERNMENT
Sustainable Urban Development Project
Natural Resources and Environment Board
Current Regulations on Solid and Liquid Wastes in Sarawak
February 2002
3nd Edition
NREB
Natural Resources and
Environment Board
DANCED
Danish Cooperation for
Environment and Development
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i
DANCED SARAWAK GOVERNMENT
Sustainable Urban Development Project
Natural Resources and Environment Board
Current Regulations on Solid and Liquid Wastes in Sarawak
IB LARSEN
February 2002 3nd Edition
Report no. SUD-02-21, SUD-02-22
Issue no. 3
Date of issue 10 February 2002
Prepared ILA 02-21, LMD 02-22
Checked LMO, RDI
COWI Consulting Engineers and
Planners AS
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ii
TABLE OF CONTENTS
1 Introduction ................................................................................................................................... 1.1-1
1.1 Delimitation of the Tables ....................................................................................................... 1.1-1
1.2 Structure of the Tables. ............................................................................................................ 1.2-3
1.2.1 Measure regulation ............................................................................................................ 1.2-3
1.2.2 Measure Own Operation. .................................................................................................. 1.2-4
1.3 Conclusion ............................................................................................................................... 1.3-1
2 Prior Approvals ................................................................................................................................ 2-1
2.1 Environmental Impact Assessment (EIA)................................................................................ 2.1-1
2.1.1 EQA .................................................................................................................................. 2.1-1
2.1.2 NREO ............................................................................................................................... 2.1-1
2.2 Licensing .................................................................................................................................. 2.2-1
2.2.1 EQA .................................................................................................................................. 2.2-1
2.2.2 NREO ............................................................................................................................... 2.2-1
2.2.3 LAO and PHO ................................................................................................................. 2.2-2
2.2.4 VPHO ............................................................................................................................... 2.2-3
2.2.5 LUO .................................................................................................................................. 2.2-6
2.2.6 FAO .................................................................................................................................. 2.2-7
2.2.7 MO .................................................................................................................................... 2.2-7
2.3 Permission ................................................................................................................................ 2.3-1
2.3.1 Waste Disposal ................................................................................................................. 2.3-1
2.3.2 Effluents ........................................................................................................................... 2.3-2
2.3.3 New Developments .......................................................................................................... 2.3-2
2.3.4 Markets and Stalls etc. .................................................................................................... 2.3-3
2.3.5 Livestock .......................................................................................................................... 2.3-3
2.3.6 Slaughtering ..................................................................................................................... 2.3-3
2.3.7 Aquaculture ..................................................................................................................... 2.3-4
3 Rules .................................................................................................................................................. 3-1
3.1 Prohibitions .............................................................................................................................. 3.1-1
3.1.1 Materials .......................................................................................................................... 3.1-1
3.1.2 Activities ........................................................................................................................... 3.1-1
3.1.3 Discharge to Inland Water ............................................................................................. 3.1-1
3.1.4 Waste to Any Land or Soil ............................................................................................. 3.1-5
3.2 Standards .................................................................................................................................. 3.2-1
3.2.1 Effluents – General ......................................................................................................... 3.2-1
3.2.2 Effluents – Specific Types of Discharge and Waste Generators ................................. 3.2-3
3.2.3 Solid Waste Management ............................................................................................... 3.2-3
3.3 Materials .................................................................................................................................. 3.3-1
3.4 Activities .................................................................................................................................. 3.4-1
3.4.1 General ............................................................................................................................. 3.4-1
3.4.2 Activities – Livestock, Aquaculture and Mining .......................................................... 3.4-2
3.4.3 Activities – Handling, Processing and Selling of Animals and Animal Products ...... 3.4-4
3.4.4 Activities – Others ........................................................................................................... 3.4-5
4 Orders ................................................................................................................................................ 4-1
4.1 General ..................................................................................................................................... 4.1-1
4.2 General – Discharge to Inland Water ....................................................................................... 4.2-1
4.3 Facilities – Drains and Sewers ................................................................................................. 4.3-1
4.4 Solid Waste .............................................................................................................................. 4.4-1
4.5 Specific Waste Types ............................................................................................................... 4.5-1
5 Own Operation ................................................................................................................................. 5-1
5.1 Regulations Concerning Any Measure Related to Any Issue .................................................. 5.1-1
5.2 Regulations Concerning Any Measure Related to specific issues ........................................... 5.2-1
5.2.1 Health and Cleanliness ...................................................................................................... 5.2-1
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iii
5.2.2 Waste in Rivers, Streams, Drains and Sewers .................................................................. 5.2-1
5.3 Regulations Concerning Own Operation Related to Any Issue ............................................... 5.3-1
5.4 Regulations Concerning Own Operation Related to specific isues ......................................... 5.4-1
5.4.1 Waste on Any Ground ....................................................................................................... 5.4-1
5.4.2 Waste in Rivers, Streams, Drains and Sewers ..................................................................... 5-1
6 Appendices ........................................................................................................................................ 6-2
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iv
ABBREVIATION
BL By-law
DA Department of Agriculture
DANCED Danish Cooperation for Environment & Development
DBKU Dewan Bandaraya Kuching Utara (Kuching North City Council)
DID Department of Irrigation and Drainage
DG Director General
DOE Department of Environment
EIA Environmental Impact Assessment
EMAS Environmental Management Auditing System
EMS Environmental Management System
EQ Environmental Quality
EQA Environmental Quality Act
EQC Federal Environmental Advisory Council
FAO Fisheries (Adoption) Ordinance
FD Forest Department
FO Forest Ordinance
Ha Hectare
HA Health Authorities
IFO Inland Fisheries Officer
JKR Jabatan Kerja Raya (Public Works Department)
KWB Kuching Water Board
L & S Land and Survey Department
LA Local Authorities
LAC Local Authorities (Cleanliness) By-Law
LAO Local Authorities Ordinance
LO Land Code Ordinance
LUO Land Use (Prescribed Activities) Ordinance
MAFI Ministry of Agriculture and Food Industry
MBKS Majlis Bandaraya Kuching Selatan (Kuching City South Council)
MFPU Ministry of Finance and Public Health
MID Ministry of Industrial Development
MIDC Ministry of Infrastructure, Development and Communication
MO Mining Ordinance
MOEPH Ministry of Environment and Public Health
MPP Majlis Perbandaran Padawan (Padawan Municipal Council)
MPRM Ministry of Planning and Resources Management
MRLD Ministry of Rural and Land Development
MSDU Ministry of Social Development and Urbanisation
NREB Natural Resources and Environment Board
NREO Natural Resources and Environment Ordinance
PHO Protection of Public Health Ordinance
R River
SAG State Attorney General
SIFR Sarawak Inland Fisheries (Rules)
SHD State Health Department
SPA State Planning Authority
SPU State Planning Unit
SRB Sarawak Rivers Board
SRC Sarawak Rivers (Cleanliness) Regulation
SRO Sarawak Rivers Ordinance
SUD Sustainable Urban Development
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v
SVA State Veterinary Authority
SVHD State Veterinary Health Department
SWA State Water Authorities
T/d Tonnes per day
VPHO Veterinary Public Health Ordinance
WA Water Supply Authorities
WB Water Board
WC Water Resource Council
WO Water Ordinance
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1.1-1
1 Introduction This report constitutes the 3rd edition of the list of current provisions on Solid and Liquid Wastes
in Sarawak. The lists have been updated to include among others the amended NREO from May
2002. The revised 3rd edition also includes the provisions on the measure "own operation". This
section has been prepared by Lisbeth Madsen (SUD-02-22).
This publication lists the current regulation on the production, handling and discharge of solid or
liquid waste relevant to Kuching, Sarawak.
The objective is to facilitate discussions and analysis of the need and strategy for revising the
environmental regulation in Sarawak.
The list constitutes a dispersed collection of individual regulations, typical for the budding phase
of environmental regulation.
Environmental problems typically origin as isolated areas of conflict and only gradually develop
into a coherent management issue. By tradition environmental regulation, therefore, grows by
budding from existing regulation which often does not have environmental management as its
primary concern. Only after considerable time, do the problems evolve to a level where coherent
regulation and management have to be established. For instance in European countries, this phase
was reached in the late 70’s or 80’s. In Denmark, coherent environmental legislation was
established as early as 1973.
With the decision by the government of Sarawak to develop and implement an environmental
management system (EMS) for the cities, the same type of revision will have to be implemented
for the state, reorganising the existing scattered regulation into comprehensive and coherent
legislation. Compared to the development in Europe, this step is taken on a relative early stage of
environmental deterioration in the cities.
1.1 Delimitation of the Tables
This publication lists only one step of the EMS cycle. A description of the existing regulation
related to the EMS cycle in general is presented in Rasmus Dilling’s report on: “The Existing
Legal and Institutional Framework for Environmental Management in Kuching”, January 2001
(SUD-02-14).
The EMS cycle includes the following steps:
Goal setting and planning
Planning of measures
Implementing measures
Monitoring
Reporting.
This publication concerns only the step “implementing measures”.
Generally, the measures to be implemented can be divided into 4 types:
Regulation.
(What the individual has to do)
Incentives
(What is advantageous for the individual to do)
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1.1-2
Awareness
(What the individual is convinced to do)
Own operation
(The authorities carry out the tasks by themselves).
Only the measures regulation and own operation are included in this publication.
Further more it is important to notice the following reservations:
The lists only relate to the production, handling and discharge of solid and liquid waste. This
means that e.g. open burning is not included as this is mainly related to air pollution.
The lists only include acts and ordinances with major relevance to city environment. The acts
and ordinances included are:
- Environmental Quality Act, 1974
- Natural Resources and Environment Ordinance, 1993
- Local Authorities Ordinance, 1996
- Sarawak Rivers Ordinance, 1993
- Water Ordinance, 1994
- Protection of Public Health Ordinance, 1999
- Sarawak Veterinary Health Ordinance, 1999
- Land Use (Control of Prescribed Trading Activities) Ordinance, 1997
- Fisheries (Adoption) Ordinance, 1994
- Mining Ordinance, 1962
This implies that issues such as forestry and agriculture have not been included.
The list only describes the individual regulations briefly. For the full text, a search in the
original acts and ordinances will be necessary. The list is merely designed as a “table of
content” for the relevant regulation. However, the list will generally provide sufficient
information for most purposes.
It should be specifically noted that the sanctions related to the individual regulations are not
described. In some cases, the sanctions for non-compliance give an important indication of
the scope of a specific regulation.
All tables are divided into 2 columns: delegated provisions and implemented provisions.
The delegated provisions constitute regulations, which assign a certain issue to a specific agency,
but where subsidiary regulation has to be issued before implementation can be initiated.
Delegations will typically be incorporated in the main ordinances.
The implemented provisions constitute regulations, which can be enforced immediately. They
can either be incorporated in the main ordinances or in subsidiary regulation.
The provisions for the measure own operation have been divided into regulations, which
constitute duties for the agencies (compulsory actions), and regulations, which are merely
mandates for the agencies (optional actions). This division has not been conducted for the
measure regulation.
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1.2-3
1.2 Structure of the Tables.
1.2.1 Measure regulation
Generally, the regulatory measures available for environmental management can be divided in to
3 types.
Prior approvals
Rules (conditions for operation)
Orders
In the case of prior approvals, an activity cannot be initiated before an approval from the
authorities has been obtained. It can be in the form of conditions related to an environmental
impact assessment (EIA), in the form of a licence with related conditions or in the form of
simpler permissions. This type of regulation is very effective, but it implies extensive use of
manpower to be efficient. This is because all activities involve individual case considerations.
Also, the succeeding inspection is more manpower demanding, as different conditions will apply
to the individual activities, which have to be known by the enforcement staff. Prior approvals are
therefore mostly used for large-scale activities which, are in principle, unique and, therefore,
cannot be described in general terms, and for activities where a limitation of the total number of
actors is required.
In the case of rules, the conditions on which a certain activity can be carried out are described in
general terms for all actors. This reduces the workload for individual case consideration, and
simplifies the inspection, as the same conditions are valid for all actors.
Rules can regulate processes or actions (activities) or emissions (standards), or they can simply
prohibit certain activities or emissions.
In the case of orders a specific activity is not regulated until an individual order has been issued
for the activity or action. An order, can therefore, be looked at as a specific rule only valid for the
individual actor to whom the order is addressed.
Orders are typically used for environmental problems (e.g. nuisances) for which rules have not
been issued and prior approvals are not required. Often this is the case for minor problems,
problems which have not been foreseen, or problems that occur so seldom that it would not be
appropriate to issue a rule.
This structure of regulatory measures is used for the tables. The list of tables is structured as
follows:
Prior approvals (prescribed activities)
- EIA
- Licences
- Permissions
Rules
- Prohibitions
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1.2-4
- Processes or actions (activities)
- Emissions (standards)
Orders
In order to ensure consistency, all the individual regulations will be classified in accordance with
the definitions of the terms described above. This does not always correspond to the terms used in
the individual regulations. The terminology is not well defined neither internationally nor in
Sarawak. The term regulation, which in this context covers all the regulatory measures, is
sometimes used synonymous with the term rules. Sometimes rules are named orders or “rules
prescribed by order”. Sometimes orders are named directives or directions. By-laws comprise
rules issued for a local council’s jurisdiction.
1.2.2 Measure Own Operation.
The provisions have been divided into 4 main groups according to the level of specification of the
measures involved and the environmental issues affected by the individual provisions.
Some provisions specifically concern the measure “own operation”. They may either be directed
towards all environmental areas of concern or specifically directed towards solid waste
management.
Other provisions concern the mandates for the authority to use any type of measure including own
operation. These general provisions may be directed towards all environmental areas of concern
or specifically directed towards solid waste management.
This delineates 4 types of provisions concerning the measure own operation:
Provisions dealing with the use of any measure towards any environmental area of concern
(the most general provisions)
Provisions dealing with the use any measure towards solid waste management
Provisions dealing with the use of the measure own operation towards any area of concern
Provisions dealing with the use of the measure own operation towards solid waste
management (the most specific provisions on own operation)
The first type constitutes the most general provisions, which deals with any type of measure and
any environmental issue. That means that the provisions are expressed in such general terms that
the authorities concerned may use own operation as a measure, but they may also use other types
of measures, such as regulatory measures, incentives and awareness. Similarly, the first type may
be used towards waste management issues specifically, but they may also be used towards any
other environmental issues.
In the other end the fourth type includes the most specific provisions. The provisions of this type
deals specifically with the measure own operation and are specifically directed towards waste
management.
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1.2-5
The 4 types of provisions are illustrated in figure 1.
1
Any measure
Any issue
a
Health and
Cleanliness
b
Waste in rivers,
streams, drains
and sewers
2
Any measure
Specific issue
3
Own operation
Any issue
a
Waste on
any ground
b
Waste in rivers,
streams, drains
and sewers
4
Own operation
Specific issue
Regulation on Own Operation
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1.3-1
1.3 Conclusion
The tables demonstrate that a large number of agencies are involved in the same type of
environmental regulation. Figure 1 illustrates how many of the ordinances analysed those are
involved in each types of regulation.
Number of Ordinances Dealing with Regulation of Environment/Waste and River
Delegated Implemented Total
EIA 2 2
Licensing 8 7
Permissions 1 8 10
Prohibitions 6 6 6
Standards 4 5
Activities 5 0 (1) 7
Orders 1 5 5
The high number of ordinances involved makes co-ordination and prioritisation of the efforts
difficult.
The list also illustrates that individual issues are often regulated through many different types of
measures, creating risks of contradictions in the regulation.
It is hoped that this listing may facilitate the process of developing a comprehensive
environmental management system for the cities in Sarawak.
Page 13
Chapter 2: Prior Approvals - EIA
2.1-1
2 Prior Approvals
2.1 Environmental Impact Assessment (EIA)
Delegated Implemented
2.1.1 EQA
Type of activity Any activity
EQA 34a(1)
(Activities prescribed by NREO omitted
for Sarawak, ref. EQ EIA Order 1987,
section 3)
See list (app. A)
EQ EIA Order 1987
By Minister
EQA 34a(1)
DG
Including conditions With or without conditions
EQA 34 a(3)
Delegated Implemented
2.1.2 NREO
Type of activity See list (app. B) (Including “any
other activity which may ……
have an adverse impact on the
Environment.”)
See list (app. C)
NREO Prescribed
Activities Order 1997
By Subject to rules made by Order
under Section 18 by Yang di-
Pertua Negeri in Council.
NREO 11a & 18
Board
Including conditions Board may make orders after
section 10
NREO 11a(2)
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Chapter 2: Prior Approvals - Licensing
2.2-1
2.2 Licensing
Delegated Implemented
2.2.1 EQA
EQA 18 (1)
Type of activity All Activities (“By order
prescribe the premises”)
EQA 18(1)
Crude Oil Palm
(EQA Regulation 77)
By Minister
EQA 18(1)
Raw Natural Rubber
(EQA Regulation 78)
Including conditions Yes (DG)
EQA 12
(to control by the issue of licenses
wastes, discharges, emissions,
deposits) EQA 3(d)
(no granting of licenses as would
contravene any town planning
scheme or law on land use or
development) EQA 11(3)(c)
EQA 29
Type of activity Persons discharging hazardous
substances, pollutants or wastes
into the Malaysian Waters in
contravention of standards set
according to EQA 21.
Premises discharging
higher concentrations of
pollutants than specified
in EQ Sewage
Regulations 79
(EQ Sewage 79 (11))
By by DG
Including conditions
EQA 18 1(A)
Type of activity Vehicles or ships used for the
movement, transfer, placement
or deposit of wastes.
By Minsiter
Including conditions
Delegated Implemented
2.2.2 NREO
NREO 18 (v)-(w)
Type of activity Any activity “which may have
significant environmental impact
in the atmosphere, on the soil or in
the inland water”
NREO 18(w)
“Pollution of inland waters or of
the atmosphere or solid”
Livestock
(NREO Rules 1996)
(Cancelled, but still giving
guidelines for SVHD
regulations)
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Chapter 2: Prior Approvals - Licensing
2.2-2
NREO 18(v)
By Yang di-Pertua Negeri in Council
Including conditions Yes (regulating pollution (NREO
18v) and activities (NREO 18w))
Delegated Implemented
2.2.3 LAO and PHO
PHO 64 (f)
Type of activities Designated trades Storage/petroleum
(MBKS/DBKU BL 82)
By Majlis Mesyuarat Kerajaan Negeri
LAO 91(v)
Type of activity Public car parks Public car parks
By Yang di-Pertua Negeri in Council (DBKU & MBKS BL99)
Including conditions Operation, management and
maintenance (LAO 122)
Delegated Implemented
LAO 104 (b)
Type of activity Markets and market buildings,
rooms and buildings kept for
public refreshment and shops
Markets
(MBKS & DBKU BL97)
By LA Food Premises
(Any premises used or
intended to be used for the
preparation, processing,
storage, packaging of
food for sale, and where
food is served or offered
for sale to the public)
(By LA)
Conditions: Clean
condition
Drainage system with
mechanism to trap or
contain oily by products.
(PHO 21)
Including conditions Control
LAO 104 (c) and 105 (f)
Type of activity Temporary buildings, stalls, etc.
for sale of any food or drink on
any premises and for sale of
other goods on public areas.
(104(c)). Establish by-law for
licensing all temporary buildings,
on any premises (105(f))
Persons hawking, selling
or exposing for sale any
food or goods or set up
or use any stall, table,
show board, vehicle or
receptacle for the
purpose of hawking,
selling or exposing for By LA
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Chapter 2: Prior Approvals - Licensing
2.2-3
Including conditions sale food or goods in any
street or public place or
premises.
(By LA)
(PHO 25)
LAO 105 (g)
Type of activity Pedlars, hawkers and street
traders
By LA
LAC 51
Type of activity Collection, transport, storage
and disposal and treatment of
industrial waste
By LA
Delegated Implemented
PHO 33 Hotels and lodging
houses
By LA
Including conditions Proper and adequate
facilities for the storage
and disposal of wastes
PHO 38 Funeral parlours,
cemeteries and
crematoria
By Majlis Islam Sarawak
(muslim)
LA (others)
LAO 104(e)(vii)
Type of activity Abattoirs (authorisation)
By LA
Delegated Implemented
2.2.4 VPHO
VPHO 60
Type of activity Abattoirs
By SVA
Including conditions As SVA may deem fit.
SVA satisfied, after
consulting Controller of
EQ, with facilities for
treatment and disposal of
waste
Page 17
Chapter 2: Prior Approvals - Licensing
2.2-4
VPHO 69
Type of activity Meat processing
factory
By SVA
Page 18
Chapter 2: Prior Approvals - Licensing
2.2-5
Delegated Implemented
VPHO 42
Type of activity Livestock farms (Specified size)
By SVA
Including conditions Satisfied with facility for
waste treatment and
disposal taking into
account the view of
controller of EQ. The
controller of EQ
certified in writing that
facilities for waste
disposal and treatment
will not result in
pollution. The facility
can meet the standards
set by NREB
VPHO 102 Livestock farms (2)a
Veterinary clinics (2)a
Other facilities for care and
treatment of animals (2a)
Abattoirs (2)e
Meat processing industries (2)e
Bird, meat, egg and diary
processing industries (2)l
Places where animals are kept
in captivity for sale (2)s
Premises in which cultures and
animal products are stored,
kept or manufactured (2)s
By
Majlis Mesyuarat Kerajaan Negeri
Including conditions Make rules for licensing
Page 19
Chapter 2: Prior Approvals - Licensing
2.2-6
Delegated Implemented
2.2.5 LUO
LUO 3
Type of activity Carpenter Shops
Foundry
Smithy
Garage/workshop
Timber yard
Sawmill
Printing press
Fertiliser manufacturing
Chemical manufacturing
Rubber processing
Scrap rubber processing
Tyre processing
Godown
Making of advertisements,
signboards and sign crafts
Any other trade or business
which can be a source of
nuisance or annoyance to the
public or a class of the public
LUO 3 implemented for
areas designated by
SPA
By L & S Superintendent
(Manufacture of pesticides next to
food shops, operation of garages,
foundries or smithy in residential
buildings or next to schools,
hospitals or any place of religious
worship requires permission from
SPA)
Including conditions Alterations to premises for the
prevention of nuisance or
annoyance to the neighbourhood,
and to ensure compliance with
environmental regulations (LUO
9)
Page 20
Chapter 2: Prior Approvals - Licensing
2.2-7
Delegated Implemented
2.2.6 FAO
FAO 7 Aquaculture in
riverine and inland
waters (FAO 7(1))
(by IFO)
Subject to conditions as
the IFO thinks fit. For
projects exceeding 50 ha
also subject to EIA from
NREB. (FAO 7(2)).
Subject to the possession
of a permit for pond or
lake construction and a
certificate for use of
ponds and/or permit for
use of cages, hatcheries
(SIFR 7)
(please refer permits)
Delegated Implemented
2.2.7 MO
(Please refer also to rules/activities)
MO 57
Type of activity Mining (Divert, use and
discharge water)
By Inspector
Including conditions Means, manner and
conditions as the
inspector may think fit
MO 61
Type of activity Mining (intake, use and
discharge of water)
By Director
Including conditions Subject to conditions as
may be specified
Page 21
Chapter 2: Prior Approvals - Permission
2.3-1
2.3 Permission
2.3.1 Waste Disposal
2.3.1.1 Facilities Delegated Implemented
EQA (Incinerators) Written approval from DG
(EQ Clean Air Regulations
78(8))
NREO (Landfills and
dumpsites)
Written permission from
Controller of EQ
(NREO 30(1))
LAO (all disposal
facilities)
Written permission from
LA
(LAC 43(1))
2.3.1.2 Disposal Activities
Delegated Implemented
LAO (Depositing of no
toxic industrial waste at
any public disposal
facility)
Writing permission from
LA
(LAC 49(1))
EQA (Discharge of solid
waste from production or
manufacturing process to
any land or surface of
land)
Written permission from
DG (EQ Sewage Order
79(10))
SRC (collection and
disposal of effluent,
refuse or rubbish from
any gazetted river or
banks thereof)
Notify the Controller of R
(SRC 16)
VPHO (Incineration or
disposal of animals that
have died from disease or
has a disease or is
reasonable suspected of
being diseased. Dogs and
cats excluded)
Written permission from
SVA (VPHO 32 and 33)
Page 22
Chapter 2: Prior Approvals - Permission
2.3-2
2.3.2 Effluents
2.3.2.1 Facilities (Drains) Delegated Implemented
LAO (Make or cause to
be made any opening into
any such sewer, drain or
pipe for the purpose of
discharging sewerage
Consent in writing from
LA (LAO 136)
SRO (Point of discharge
of effluent or sewage into
any gazetted river or any
stream, drain or sewer
whose water discharges
into a gazetted river
SRB (determine/approve)
(SRC 13)
SRO (Establishing of
sewers or drains as to
enable sewage or other
liquid substances to be
discharged into the river)
SRB on application from
LA or from any owner of
land adjoining any
gazetted river (SRC 9)
SRO (Establishing of
drains carrying effluent
from any mining area for
discharge into a gazetted
river
Controller of R
(permission)
SRC 20(1)(b)
2.3.2.2 Disposal Activities
Delegated Implemented
EQA (Discharge or
permit the discharge of
any effluent in or any soil
surface of any land)
Written permission of DG
(EQ Clean Air Regulations
79(9))
SRO (Discharge or
disposal by or from any
vessel of any refuse or
effluent in concentrations
greater than specified in
EQ Sewage Order 79)
Written permission from
Controller of R (SRC 4)
2.3.3 New Developments Delegated Implemented
EQA (Activities that
might result in new
sources of discharge)
Written permission of DG
(EQ Sewage Regulations
79 (4))
Page 23
Chapter 2: Prior Approvals - Permission
2.3-3
Delegated Implemented
EQA (Specified
installations (app. D)
within a housing estate or
within 1000 m of nearest
dwelling house)
Written approval from DG
(EQ Clean Air Regulations
78 (4))
2.3.4 Markets and Stalls etc.
Delegated Implemented
LAO (Markets) Markets, prescribing the
conditions and restriction (LAO
105 (d)(vii))
PHO (Temporary food
fair, function or event
where food is cooked or
prepared and sold for
public consumption)
(Condition: Clean and
sanitary condition)
LA (obtain a permit)
(PHO 24)
2.3.5 Livestock
Delegated Implemented
LAO (Rear, keep or
maintain livestock)
Written authorisation by
LA or in accordance with
NREB licence (LAC
28(4)(a))
WO (Rearing of livestock
within 8 km from water
intake points in
designated water
catchment areas)
SWA (certification) (WA
8(b), Schedule for
declared water catchment
area)
2.3.6 Slaughtering
Delegated Implemented
VPHO (Slaughtering of
animals for sale or public
consumption other places
than licensed abattoirs or
government abattoirs)
SVA (approved by)
(VPHO 62 & 68)
Page 24
Chapter 2: Prior Approvals - Permission
2.3-4
2.3.7 Aquaculture (please also refer to licensing)
Delegated Implemented
FAO (Establishing of
ponds and lakes for
aquaculture
IFO (Permit)
(SIFR 6a)
FAO (Use of ponds and
lakes for aquaculture)
IFO (certification)
(SIFR 6b)
FAO (Set up or
establishing of cages or
hatcheries for
aquaculture)
IFO (Permit)
(SIFR 6c & 6d)
Page 25
Chapter 3: Rules - Prohibitions
3.1-1
3 Rules
3.1 Prohibitions
3.1.1 Materials
Delegated Implemented
EQA May make regulations prohibiting
the manufacture, storage,
transportation, or the application
or use of any environmentally
hazardous substances
EQA 51 1(u)
By Minister
3.1.2 Activities
Delegated Implemented
EQA May make regulations prohibiting
the use of any equipment, facility,
vehicle or ship capable of causing
pollution
EQA 51 1 (f)
By Minister
EQA May make regulations prohibiting
any aquatic activity in or around
any waters
EQA 51 1 (k)
By Minister
3.1.3 Discharge to Inland Water
3.1.3.1 General
Delegated Implemented
EQA May make regulations prohibiting
the discharge, emission or deposit
into the environment of any matter
EQA 51 1 (d)
By Minister
EQA May make regulations prohibiting
the emission or discharge or
deposit of any environmentally
hazardous substances
Page 26
Chapter 3: Rules - Prohibitions
3.1-2
EQA 51 1(u)
By Minister
NREO May make rules that prohibit the
discharge or emission of any
matter in any prescribed area
NREO 18 (u)
By Yang di-Pertua Negeri in Council
NREO May make rules that prohibit the
pollution of inland waters,
atmosphere or soil.
NREO 18 (v)
Any person who
knowingly does any act or
conducts any activity
which pollutes or
contaminates any inland
waters shall be guilty in an
offence
NREO 30A (a)
By Yang di-Pertua Negeri in Council
LAO May make by-laws to maintain
cleanliness and the disposal of
waste
LAO 91 (u)
No person shall put or
cause or fall or permit to
be put or fall into any
stream solid or liquid
refuse of any manufactory,
process or quarry or any
rubbish or cinders or any
other waste or putrid
matter of any liquid or
solid sewage matter
LAO 117
By Yang di-Pertua Negeri in Council
3.1.3.2 General – Gazetted Rivers
Delegated Implemented
SRO No person shall leave,
deposit, throw or discard
any effluent, refuse or
rubbish of any kind into
any gazetted river or on
the banks of any gazetted
river
SRC 15
Page 27
Chapter 3: Rules - Prohibitions
3.1-3
3.1.3.3 General – Solid Wastes
Delegated Implemented
EQA No person shall discharge
or cause or permit the
discharge into inland
waters of refuse, garbage,
sawdust, timber, human or
animal waste or solid
matter
EQ Sewage Order 79 (6)
SRO It shall not be lawful to
dump into any gazetted
river any carcasses
dredging, earth, garbage,
pollutant, and other refuse
material of every kind
SRO 33(f)
LAO No person shall drop,
deposit or through any
waste, refuse or any other
matter or thing including
animal waste in any
channel, drain, lake,
reservoir, river, stream or
watercourse or upon the
bank of the same
LAC 18(2)
3.1.3.4 Facilities – Drains
Delegated Implemented
SRO
Prohibit any private sewer or
public drain from discharging
rubbish or refuse, pollutant or any
other material into the gazetted
rivers
SRO 12(I) subject 38 (t)
No new public or private
sewer, drain or bath
facility shall be
constructed as to result in
or cause any effluent,
sewage or refuse to be
discharged directly into
waters of any gazetted
river
SRC 8
(Please refer to
permissions)
By Yang di-Pertua Negeri
Page 28
Chapter 3: Rules - Prohibitions
3.1-4
3.1.3.5 Specific Types of Discharge
Delegated Implemented
EQA No person shall discharge
or cause or permit the
discharge into inland
waters of inflammable
solvent or any tar or
other liquids immiscible
with water.
EQ Sewage Regulations
79 (6)
VPHO No person shall knowingly
cast or cause or permit to
be cast into drain, stream,
river, street or open space,
animal products which
has been infected with
disease, or any litter,
dung or thing which has
been used in connection
with infected animals VPHO 29
3.1.3.6 Specific Activities
Delegated Implemented
LAO Cause or permit to be
deposited, spilled,
scattered or thrown any
solid waste, blood or
liquid matter into any
drain or on the floor of a
public market except in
places designated for such
purposes by the local
authority
LAC 30(2)
SRO Owner, occupier and any
person having control over
a wharf or passenger
landing terminal shall
ensure that no refuse and
effluent is swept or
washed off directly to the
river.
SRC 3(2)
Page 29
Chapter 3: Rules - Prohibitions
3.1-5
3.1.3.7 Water Catchment Areas
Delegated Implemented
WO Specify the activities within water
catchment areas, which shall be
prohibited in order to protect the
water resources
WO 8(3)(b)
Within 8 km up or
downstream from raw
water intake points in
catchment areas:
Mining or commercial
plantation
Discharge of untreated
waste or effluent
Use of pesticides or any
substance that by itself
or in reaction with other
substances may give rise
to gas, odour or
pollution of water
resources
Use of heavy metals an
other toxic chemicals
(Second schedule –
prohibited activities)
By Yang di-Pertua Negeri
3.1.4 Waste to Any Land or Soil
3.1.4.1 General
Delegated Implemented
EQA May make regulations prohibiting
the discharge, emission or deposit
into the environment of any matter
EQA 51 1 (d)
By Minister
EQA May make regulations prohibiting
the emission or discharge or
deposit of any environmentally
hazardous substances
EQA 51 1(u)
By Minister
NREO May make rules that prohibit the
discharge or emission of any
matter in any prescribed area
NREO 18 (u)
By Yang di-Pertua Negeri in Council
NREO May make rules that prohibit the
pollution of inland waters,
atmosphere or soil.
Page 30
Chapter 3: Rules - Prohibitions
3.1-6
NREO 18 (v)
By Yang di-Pertua Negeri in Council
NREO No person shall pollute or
cause or permit to be
polluted any soil or surface
of land.
Pollution include dropping
or spilling on any land
where it permeates any soil,
any liquid, solid or gaseous
matter or he establishing
garbage tip, rock disposal
site, sludge disposal site or
otherwise use the land for
the disposal of solid and
liquid wastes which are
obnoxious to human health
or are detrimental to any
beneficial use or interfere
with subterranean water
-unless he is carrying out an
activity permitted by the
Board.
NREO 30B
LAO
May make by-laws to maintain
cleanliness and the disposal of
waste
LAO 91(u)
The owner or occupier of
any private land shall not
use or permit the use of his
land for depositing or
dumping of any refuse or
waste
LAC 13(1)
No person shall deposit or
place any refuse or waste
on any land not belonging
to him LAC 13 (2)
No person shall dispose of
or permit to be disposed of
refuse or industrial waste
in or at any place except in
or at a landfill with a
permission of the LA LAC 44(1)
No stall holder or person
shall deposit or cause or
permit to be deposited any
garbage, refuse, waste or
thing discarded by him in
the course of his business
except in such refuse bins
Page 31
Chapter 3: Rules - Prohibitions
3.1-7
or receptacles provided by
the LA
LCA 30(1)
Page 32
Chapter 3: Rules - Prohibitions
3.1-8
3.1.4.2 Public Places Delegated Implemented
LAO
No person shall deposit,
drop or throw any dust,
dirt, paper, ash, carcass,
refuse, box, barrel, bale or
other articles or things in
any public place
LAC 18(1)(a)
No person shall keep or
leave any article or thing
in a place where it is likely
to pass into any public
place
LAC 18(1)(b)
No person shall place,
scatter, spill or throw any
blood, brine, noxious
liquid, swill or any
offensive or filthy matter
in such manner as to run
or fall into a public place
LCA 18(1)(d)
No person shall beat,
clean, shake, shieve or
other wise agitate any ash,
hair, feather, lime, sand,
waste paper or other
substance in such manner
that it is likely to be
carried by the wind to any
public place
LAC18(1)(e)
No person shall throw or
leave behind any bottle,
can, food container, food
wrapper, glass, particles of
food or any other article or
thing in any public place
LAC 18(1)(f)
Any person who drops,
scatters, spills or throws
any dirt, sand, earth,
gravel, clay, manure,
refuse, sawdust, shavings,
wood, stone, straw, animal
waste or human excreta or
any other matter or thing
in any other public place
shall be guilty of an
offence
LAC 20(1)
Page 33
Chapter 3: Rules - Standards
3.2-1
3.2 Standards
3.2.1 Effluents – General
Delegated Implemented
EQA 21
Type of discharge Hazardous substances, pollutants,
wastes or noise
Type of area or segment Any area, segment or element of
the Environment
By Minister
EQA 51 1(u)
Type of discharge Environmentally hazardous
substances
Type of area of segment Emission, discharge or deposit
into the environment
By Minister
EQA 51 1 (b)
Type of discharge Any declared environmental
policy or classification
Type of area or segment For the protection of the
environment
By Minister
EQA 51 1 (ee)
Type of discharge Liquid discharge (Standards and
maximum permissible loads)
No persons shall discharge
effluent containing
substances in
concentrations greater than
specified
EQ Sewage Regulations
79(8)
Type of area or segment Inland waters
By Minister DG
EQA 51 1 ()
NREO 18 (v)
Type of discharge Regulating the pollution of inland
waters or of the atmosphere or
solids
Type of area or segment For the protection and
enhancement of the environment
By Yang di-Pertua Negeri in Council
SRO Effluents shall not be
discharged in
concentrations higher than
specified in EQ Sewage
Page 34
Chapter 3: Rules - Standards
3.2-2
Order 79 into any soil or
surface of land adjoining
any gazetted river or into a
public or private drain or
sewer if it is likely to flow
into a gazetted river
SRC 12
WO Within 8 km from raw
water intake points in
water catchment area:
Discharge of treated
waste or effluent which
contains substances in
concentrations greater
than those specified in
EQ sewage Order 79
(Second Schedule –
prohibited activities)
Page 35
Chapter 3: Rules - Standards
3.2-3
3.2.2 Effluents – Specific Types of Discharge and Waste Generators
Delegated Implemented
SRO Oil and grease discharge
from any vessel to be
below 100 milligrams per
litre effluent
SRC 6
NREO Livestock
(See Licensing/NREO)
WO Outside 8 km from raw
water intake points in
water catchment area:
Rearing of livestock,
which do not comply
with NREB regulations
are prohibited.
(Second schedule –
prohibited activities)
3.2.3 Solid Waste Management
Delegated Implemented
EQA Notification to DG of
generation of scheduled
waste (EQ Scheduled
Waste 3).
Proper storage, treatment
on-site and transportation
of scheduled waste (EQ
Scheduled Waste 7-8).
Keeping of inventories on
scheduled waste generated
(EQ Scheduled Waste 9).
Information on scheduled
waste to be provided to
DG (EQ Scheduled Waste
10)
Actions in the events of
accidental spills or
accidents involving
scheduled waste (EQ
Scheduled Waste 12)
Page 36
Chapter 3: Rules - Standards
3.2-4
Delegated Implemented
LAO 91 (u)
Type of discharge Maintain cleanliness and the
disposal of waste
Owners and occupiers of
every premises shall use
the system for the
collection, removal and
disposal of any refuse or
waste generated
LAC 9(2)
By LA
SRO12(2) subject to
38(t)
Type of discharge Control of discharge or deposit of
any refuse
Owners and masters of
every vessel on any river
shall have on board bins
and other receptacles for
the collection of refuse
SRC 3(1)
Type of area or segment Gazetted rivers
By Yang di-Pertua Negeri Wharves or passenger
landing terminals shall
provide bins for the
collection of refuse
SRC 3(2)
Page 37
Chapter 3: Rules - Activities
3.4-1
3.3 Materials
Delegated Implemented
EQA 51 1 (u) Manufacture, storage,
transportation or the application or
use of any hazardous material
By Minister
Including conditions Regulate
3.4 Activities
3.4.1 General
Delegated Implemented
EQA 51 1 (f) Use of any equipment, facility,
vehicle or ship capable of causing
pollution
By Minister
Including conditions regulating the construction,
installation or operation so as to
prevent or minimise pollution
EQA 51 1 (k) Any aquatic activity in or around
any waters
EQA 51 1 (k)
By Minister
EQA 51 1 (v) Environmental risks
By Minister
Including conditions Eliminate or reduce risks
NREO 18(w)
Type of activity Any activity “which may have
significant environmental impact
in the atmosphere, on the soil or in
the inland water”
By Yang di-Pertua Negeri in Council
Including conditions Yes (regulating pollution (NREO
18v) and activities (NREO 18w))
WO 51
Type of activity Any activity contaminating water
or water supply
By Yang di-Pertua Negeri
Page 38
Chapter 3: Rules - Activities
3.4-2
Including conditions Control and prevention
3.4.2 Activities – Livestock, Aquaculture and Mining
Delegated Implemented
NREO 5 (e) (iv)
Type of activity Mining
By Yang di-Pertua Negeri in council
Including conditions Yes (regulating pollution (NREO
18v) and activities (NREO 18w))
MO 66
Type of activity Mining operations (Make
provisions as will ensure
that all discharged water
be freed from chemicals
deleterious to animal or
vegetable life) (MO66(1))
(No effluent water to
contain solid matter in
excess of amount
prescribed to rivers or
natural water course)
(MO 66(2))
Delegated Implemented
By In cases of non-
compliance an inspector
may in writing order
devises or methods to
ensure compliance, and
suspend operations until
fulfilment)
(MO66(3))
NREO 5(e)(vii)
Type of activity Fishing and exploitation of
marine or aquatic life within the
rivers and foreshore
By Yang di-Pertua Negeri in Council
Including conditions Yes (regulating pollution
(NREO18(v)) and activities
(NREO 18(w))
LAO 91 (q)
Type of activity Land or building used for the
keeping or rearing of livestock
and animals
By Yang di-Pertua Negeri
Including condition Control and regulate
Page 39
Chapter 3: Rules - Activities
3.4-3
VPHO 102(b)
Type of activity Livestock farms
By Majlis Mesyuarat Kerajaan Negeri
Including conditions Regulating the measures and
facilities for treatment of waste
VPHO 102(t)
Type of activity Management and treatment of any
waste and wastewater from
livestock farms
By Majlis Mesyuarat Kerajaan Negeri
Including conditions Regulating
Page 40
Chapter 3: Rules - Activities
3.4-4
3.4.3 Activities – Handling, Processing and Selling of Animals and Animal Products
Delegated Implemented
LAO 105 (d)
Type of activity Markets and the buildings, shops,
stalls and other erections therein
By LA
Including conditions Preventing nuisances, keeping in
clean and proper state, removal of
refuse disposal of carcasses
VPHO 102(n)
Type of activity Markets, premises and vehicles
where animals are kept
By Majlis Mesyuarat Kerajaan Negeri
Including conditions Cleansing or disinfection
VPHO 102(l)
Type of activity Bird, meat, egg and diary
processing industries
By Majlis Mesyuarat Kerajaan Negeri
Including conditions Regulating and licensing
Page 41
Chapter 3: Rules - Activities
3.4-5
3.4.4 Activities – Others
Delegated Implemented
EQA 51 1 (i)
Type of activity Establishment of sites for the
disposal of solid or liquid wastes
on land
By Minister
Including conditions Regulate
EQA 51 1 (k) Any aquatic activity in or around
any waters
By Minister
Including conditions Prevent pollution
LAO 91 (o)
Type of activity Laundries and places for the
cleaning or washing of vehicles
By Yang di-Pertua Negeri
Including conditions Regulate
LAO 91 (w)
Type of activity Removal of earth, sand, stone, or
rock and the conveyance and
transport through any public road
By Yang di-Pertua Negeri
Including conditions Control and regulate
LAO 105 (f)
Type of activity Temporary buildings, stalls,
carts and other receptacles
By LA
LAO 105 (g)
Type of activity Pedlars, hawkers and street
traders
By LA
VPHO 102 (2)f
Type of activity Manufacture, formulation and
storage of animal feed
By Majlis Mesyuarat Kerajaan Negeri
Conditions Regulating
Page 42
Chapter 4: Orders - General
4.1-1
4 Orders
4.1 General
Delegated Implemented
EQA 31(1) By order published specify the
circumstances whereby the DG
may issue a prohibition order to
the owner or occupier of any
industrial plant or process to
prevent its continued operation
and release of hazardous
substances, pollutants or wastes
either absolutely or conditionally,
or for such period as he might
direct
By Minister
EQA 31 (1)
Type of impact Whenever hazardous
substances, pollutants or
wastes are being or are
likely to be emitted,
discharged or deposited
Type of source Any vehicle, ship or
premises or any aircraft
(irrespective of whether
the source are prescribed)
By DG by notice in writing
Type of action Install and operate control
equipment
Repair, alter or replace any
equipment
Erect or increase the
height of any chimney
Measure, and report any
material/pollutant/waste
Study environmental risks
Install monitoring
programmes
Adopt any measure to
reduce, mitigate,
disperse, remove,
eliminate , destroy or
dispose of pollution
Page 43
Chapter 4: Orders - General
4.1-2
Delegated Implemented
EQA 31A (2)
Type of impact Where the environment is
under or likely to be
under serious threat
Type of source All persons
By Minister to direct DG to
issue order
Type of action Cease all acts that have
resulted in the release of
hazardous substances,
pollutants or wastes
Effect and render any
machinery, equipment,
plant or process of the
person inoperable
NREO 10 (h)
Type of impact Necessary for protection
and enhancement of the
environment
Type of source Any source (owner or
occupier)
By Controller of EQ may
order in writing
Type of action Construction and
maintenance of works.
Doing or abstaining from
doing any act
NREO 18 (y)
Type of impact
Type of source Polluting activities and activities
with adverse impact on the
environment.
By Yang di-Pertua Negeri in Council
Type of action May make rules on rehabilitation
of any land, soil, premises or
environmental element
LAO 112
Page 44
Chapter 4: Orders - General
4.1-3
Type of impact Any act, omission or thing
occasioning or likely to
occasion injury,
annoyance, offence, harm,
danger or damage to sense
of sight, smell or hearing
or which is likely to be
injurious or dangerous to
health or property
Page 45
Chapter 4: Orders - General
4.1-4
Delegated Implemented
Type of source
Premises of such
construction or state as
to be a nuisance
Animals kept in place,
manner or number as
to be a nuisance
Accumulation of deposit
Factories and
workplaces which is
overcrowded
Huts or sheds crowded
together or which give
problems for drainage
and scavenging or by
any reason is a
nuisance
Pools or ditches of
polluted water likely to
be used for drinking
water or domestic
purposes
Fireplaces or furnaces
(smoke)
Trade, manufacture or
process causing dust or
effluvia
Any activity creating
noise
Any other matter
declared by the
minister to be a
nuisance
By LA by notice
Type of action Prevention, abatement,
closing of activity
Page 46
Chapter 4: Orders - General (Discharge to Inland Water)
4.2-1
4.2 General – Discharge to Inland Water
Delegated Implemented
NREO 10 (j)
Type of impact Discharge of water,
sewage and other effluent
into any inland waters
Type of source Any source (owner or
occupier)
By Controller of EQ may
order in writing
Type of action Mode, manner and places
for discharge
SRO 12(2)e(ii)
Type of impact Discharge or deposit of any refuse
into the river.
Type of source Owner or occupier of any land
abutting on a river.
By Yang di Pertua Negeri.
Type of action Undertake or adopt such
measures, as the SRB may deem
necessary.
SRC 22(1)(d)
Type of impact Pollution of the waters of
the river or endanger to
any plant or aquatic life in
the river
Type of source Execution of any works
on gazetted rivers or the
banks thereof
By SRB (duty to stop)
Type of action Stop the use of any
chemical, implement or
plant
Page 47
Chapter 4: Orders - General (Discharge to Inland Water)
4.2-2
Delegated Implemented
SRC 22(1)(e)
Type of impact Discharge of any refuse,
sewage or effluent into a
gazetted river
Type of source The erection of any
structure or premises in
gazetted rivers or the
banks thereof where any
existing structure or
premises is the source or
likely to be the sources
By SRB (duty to stop)
Type of action Require removal or
demolition
SRC 7
Type of impact Accidental spillage of any
oil or other pollutants into
the waters
Type of source Any premises along the
bank of any gazetted
river or by any vessel or
wharf
By Controller of R by notice
in writing
Type of action All reasonable measures to
cleanse, contain or abate
such discharge or to
recover all such oil or
other pollutants
Page 48
Chapter 4: Orders – Facilities (Drains and Sewers)
4.3-1
4.3 Facilities – Drains and Sewers
Delegated Implemented
LAC 41 (1)
Type of impact Insanitary and unclean
condition
Type of source Drains
Type of action Maintain and keep drains
in a clean and sanitary
condition
SRC 8(2)
Type of activity Discharge of any effluent,
sewage or refuse into the
waters of the gazetted
river so as to cause a
condition hazardous to
public health, fish aquatic
life and plants
Type of source Existing public or
private sewer, drain,
toilet, or bath facility
By Controller of R by notice
in writing
Type of action Dismantle, demolish or
alter the position of the
structure to prevent the
discharge directly into the
river
SRC 10(1)
Type of activity Discharge of untreated
effluent or refuse directly
into gazetted rivers so as
to cause danger to public
health, fish, aquatic life or
plants
Type of source Any sewer, pipe, drain or
refuse outlet
By SRB direct by order
Type of action Redirect the discharge to
other places
Treat the effluent
Such measures as the
Board deems necessary
Page 49
Chapter 4: Orders – Solid Waste
4.4-1
4.4 Solid Waste
Delegated Implemented
LAC 9(4)
Type of impact Waste disposal
Type of source Owners or occupiers of
premises
By LA
Type of action Directions on the manner
in which waste from the
premises should be
handled, prepared, or
deposited for collection
and removal
LAC 10(3)
Type of impact Provision of waste
receptacles
Type of source Owner or occupier of any
premises
Type of action Require the
owner/occupier to
provide refuse bins,
receptacles, refuse bin
centres or refuse bin
compartments
LAC 42(2)
Type of impact Refuse and waste
Type of source Any waste producers
Type of action May refuse to accept
refuse or waste on any
public disposal facility
without assigning any
reason or upon terms and
conditions
LAC 43(2)
Type of impact Refuse and waste
Type of source Any owner or occupier or
any work place or
premises
Type of action Require the
owner/occupier to
construct and operate
disposal facility
Page 50
Chapter 4: Orders – Solid Waste
4.4-2
Delegated Implemented
LAC 46
Type of impact Industrial waste
Type of source Occupier of any work
place or premises
Type of action To remove waste from
such work place
periodically
LAC 48
Type of impact Industrial waste
Type of source Occupier of any work
places or premises
Type of action To recycle or treat any
industrial waste found or
produced
PHO 29
Type of impact Refuse or other matter
Type of source Any premises in an
unclean, grimy, neglected,
un-kept or in-sanitary
condition
Type of action To remove or otherwise
dispose of
Page 51
Chapter 4: Orders – Specific Waste Types
4.5-1
4.5 Specific Waste Types
Delegated Implemented
LAC 50
Type of impact Toxic industrial waste
Type of source Occupier of work places
or premises
Type of action Alter process, equipment,
materials or take such
other steps as may be
necessary to reduce
toxicity or quantity of such
waste
LAC 27 (3)
Type of impact Derelict or unwanted
vehicles
Type of source Any person on whose land
the vehicle or part of such
vehicle is found
Type of action To remove the vehicle to a
disposal facility
SRC 17
Type of activity Abandoned or discarded
boats, canoes or logs in
gazetted rivers or banks
thereof
Type of source Owners
By SRB may by order direct
Type of action Remove or retrieve
VPHO 44
Type of activity Existing pig farms
Type of sources Owners
By SVA Activities – Others.,
after consulting controller
of EQ
Type of action Require such alterations as
he deems necessary.
Page 52
Chapter 4: Orders – Specific Waste Types
5.2-1
5 Own Operation
5.1 Regulations Concerning Any Measure Related to Any Issue
Authority Mandate
May
Duty
Shall
Provision Ordinance
By-law
NREB Mandate Generally take or undertake such measures or steps as may be
necessary to safeguard the environment
NREO 5 (n)
All
authorities Mandate Every government department, statutory body and Local Authority
shall co-operate with and assist the Board and may on the
recommendation of the Board and with the approval of YPN
Undertake the construction of works and other measures for the
conservation of natural resources
NREO 9 (b)
Local
Authority
Duty Take such steps as may be necessary ....... to improve and maintain a
good and healthy standard of living for people
LAO 98 (f)
Take such steps as may be required to enhance the environment and
to prevent pollution
LAO 98 (g)
Carry out and implement or assist in the implementation or
execution of any works, project and scheme which the State
Government has decided to carry out or implement
LAO 98 (a)
5.2 Regulations Concerning Any Measure Related to specific issues
5.2.1 Health and Cleanliness
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5.3-1
Authority Mandate
May
Duty
shall
Provisions Ordinance
By-law
Local
Authority Duty Keep the area within its jurisdiction clean and hygienic LAO 98 (d)
Local
Authority Mandate Safeguard and promote the public health and take all
necessary, practicable measures
(i) For preventing the occurrence of any infectious,
communicable or preventable disease
(ii) For maintaining its area in a clean and sanitary
condition
(iii) for preventing the occurrence of any nuisance
injurious or dangerous to health
LAO 104 (f)
Local
Authority Mandate Do all things necessary for or conducive to the public safety,
health and convenience
LAO 131 (r)
Local
Authority Mandate Make ... by-laws to maintain cleanliness and the disposal of
waste
LAO 91 (u)
5.2.2 Waste in Rivers, Streams, Drains and Sewers
Authority Mandate
May
Duty
shall
Provisions Ordinance
By-law
SRB Mandate Take all lawful, necessary and reasonable practicable measures
to keep gazetted rivers or port clean and free from filth, rubbish
or refuse
SRO 5 (c)
SRB
Duty Take all necessary measures to maintain and keep gazetted
rivers clean and to prevent any unauthorised and
indiscriminate discharge of effluent, sewage or refuse into
gazetted rivers
SRC 21 (a)
Prevent the accumulation of refuse in the river or the banks
thereof
SRC 21 (c)
5.3 Regulations Concerning Own Operation Related to Any Issue
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5.4-1
Authority Mandate
may
Duty
shall
Provisions Ordinance
By-law
Local
Authority Mandate Execute works of such general advantage to the inhabitants..... LAO 131 (d)
NREB Mandate Undertake, construct and maintain upon any land such works or
activity as the Board may deem necessary for the protection and
enhancement of the environment
NREO 11
5.4 Regulations Concerning Own Operation Related to specific isues
5.4.1 Waste on Any Ground
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Chapter 5: Appendices
5-1
Authority Mandate
May
Duty
Shall
Provisions Ordinance
By-law
Local
Authority Mandate Establish, maintain and carry out such sanitary services for
the removal and destruction of, or otherwise dealing with,
night-soil, slops, rubbish, litter, dead animals and all kinds of
refuse, waste and effluent
LAO 104 (a)
Establish, erect and maintain abattoirs LAO 104 (e)
Establish, erect, maintain, control and operate disinfecting
stations
LAO 104 (j)
Local
Authority Duty Chief Administrative Officer shall cause public roads to be
properly swept and cleansed and watered so far as is
reasonably practicable, and refuse and filth of every sort
found thereon to be collected and removed
LACB 5
Local
Authority Mandate Cause any number of refuse bins or other convenient
receptacles.... to be provided and placed in ...... any public
place ......... and shall arrange for the collection of refuse
contained therein
LACB 7 (1)
Local
Authority Mandate Determine or establish or maintain a system for the collection,
removal and disposal of waste of every description from all
premises
LACB 9 (1)
Appoint any company or person to undertake or provide the
service of collection, removal and disposal of waste under the
system referred to in paragraph (1)
LACB 9 (3)
Local
Authority Mandate Supply to the owner or occupier of any premises such number
of refuse bin or receptacle......... as the Local Authority shall
determine
LACB 10 (1)
Local
Authority Mandate Sell or dispose of the collected refuse, waste and filth or
matter as it thinks fit
LACB 17 (1)
Local
Authority Mandate Provide, acquire, construct and maintain public disposal
facilities for the deposit, treatment or disposal of refuse or
waste ... and may make available the facilities to any person
upon payment of fees
LACB 42 (1)
5.4.2 Waste in Rivers, Streams, Drains and Sewers
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Authority Mandate
May
Duty
Shall
Provisions Ordinance
By-law
Local
Authority Mandate Erect, construct, equip and carry on sewerage or drainage
works
(a) with prior consent of the Permanent Secretary
(b) with prior consultation with the Director of Irrigation and
Drainage
LAO 132 (1)
Local
Authority Mandate Establish, maintain and carry on any sewage farms or sewage
disposal works ..........and may farm the same and dispose of
the produce thereof
LAO 134
Local
Authority Mandate (a) carry out either by its own servants or by contractors any
work in connection with the installation or improvement of a
drainage or sewerage system on any property ...... and may
connect any such system with the Local Authority’s drains or
sewers
LAO 138 (1)
SRB Duty Efficient execution of the following services
(b) the collection, removal and disposal of or otherwise deal
with all pollutant, refuse, timber, log, weed, long grass, tree or
other material floating in gazetted rivers
(c) to remove any dead wood, dilapidated fence, logs or other
material left on the banks or abutting upon such gazetted river
(d) to take measures to prevent such rubbish or refuse from
accumulating in or flowing into such gazetted river
SRO 12 (1)
SRB/Cont
roller Duty Any person who has in any gazetted river or the banks
thereof any effluent, refuse or rubbish which he intends to
discard or throw away shall notify the Controller
Arrange for the collection and disposal of any such effluent,
refuse or rubbish upon the payment of such person ....
SRC 16 (2)
SRB/
Controller Mandate Join with any Local Authority or ... arrange with any other
person or body of persons, to provide reception facilities for
the collection and disposal of such effluent, refuse or rubbish,
and into which owners of land abutting the river may
discharge or dispose any effluent, refuse or rubbish
SRC 16 (3)
6 Appendices
Appendix A
Activities in Sarawak Prescribed for EIA by EQA
Infrastructure
Airports
Airstrips on state land and in national park
New ports including fishing ports
50% expansion of existing ports including fishing port
Expressways
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6-3
National Highways
Railways and mass transport projects
New townships
Industrial estates > 50 ha
Industry
Petrochemical industries
Other chemical industries > 100t/d
Al/Cu industries
Other non- ferrous industries > 50 t/d
Iron and Steel (ore) industries > 100 t/d
Iron and Steel (scrap) industries > 200 t/d
Clinker industry > 30 t/h
Other non-metal raw material based industries:
Rotary kiln lines > 100 t/d
Vertical kiln lines > 50 t/d
Shipyards, ships > 5000 TDW
Pulp & paper industry > 50 t/d
Oil & gas and power production
Oil and gas field development projects
Pipelines > 50 km
Processing and storage
Refineries
Product depos cap > 60000 barrels
within 3 km from housing, commercial or industrial areas
Power production from fossil fuels
Combined cycle power plants
Nuclear power plants
Waste and sewage
Waste incineration plants
Waste composting plants
Waste recycling plants
Hazardous waste storage & treatment
Outlets from sewage plants to marine areas
Appendix B
Activities delegated to NREB for preparing rules on EIA
General
Activities, which may pollute or endanger marine or aquatic life, pollute the air or create
erosion of banks and foreshores
Any other activity, which may injure, damage or have adverse impact on the environment
or natural resources
Urban development
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6-4
Commercial, industrial and housing estates > specified.
Agriculture, logging, mining and fisheries
Agricultural estates and plantations > specified
Clearance of land for agriculture and plantation
Agriculture, clearance of land or mining which may pollute or affect sources of water
supply
Logging in previous logged areas
Logging in areas previous closed under provisions of FO
Extraction and removal of rock material
Fisheries
Waste management
Use of land for landfill or for the storage, disposal or treatment of municipal wastes.
Plants or facilities for the treatment of sewage or waste water
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Appendix C
Activities in Sarawak prescribed for EIA by NREB
Urban development
Development of commercial and housing estates > 10 ha
Development of industrial estates (For LSIs and MSIs)
Reclamation of land by sea or river banks for housing, commercial or industrial estates
Agriculture and logging
Agricultural estates and plantations > 500 ha from forest, modificating the use of land or
involving resettlement of more than 100 families
Agricultural estates in mangrove swamps > 50 ha
Logging in previous logged areas > 500 ha or in areas previous closed under provisions of
FO
Mining
Mining involving use of chemicals (including explosives) > 50 ha
Open cast mining, which is likely to affect the landscape as to require rehabilitation
Quarrying of aggregate, limestone, silica, quartzite, sandstone, sand, marble which may
damage or have an adverse impact on fragile ecosystems.
Excavation of sand and other rock material from watercourses, streams or rivers
Fisheries, lakes and rivers and groundwater extraction
Commercial fish culture involving setting up of fishing appliances and equipment in
rivers and watercourses
Creation of lakes, ponds and reservoirs for rearing of fish or prawns > 50 ha
Diversion of watercourses, streams and rivers
Dams, artificial lakes or reservoirs for impounding water > 50 ha
Groundwater development > 4500 m3 / day
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Appendix D
Installations within residential areas not permitted without prior approval after EQA
Any equipment or plant which:
discharge smoke darker than shade no 1 (Ringelmann)
discharge any solid particle > 0.5 kg / h
generates heat or power using pulverised fuel, any solid
fuel > 20 kg/h or any liquid or solid matter > 10 kg/h
are used for grain milling or polishing > 0.75 kW
are used in the manufacture, packing or repackaging of
- paints,
- varnishes,
- laquers,
- fish manure or animal feed or fertiliser
- all pesticides listed in Pesticide Act 74,
- industrial chemicals in the process of which mercury,
antimony, arsenic, cadmium, zinc, lead, copper or
any compound hereof is emitted,
Manufacture asbestos containing products
Use wood working machinery > 0.75 kW