Section 2

the external physical surroundings and conditions influencing development and growth of people, animals or plants and includes social, living or working conditions;

all natural and physical resources;

ecosystems and their constituent parts including people and communities; and

amenity, aesthetic and cultural values;

“environmental authority” means any department of the State or Federal

Government, local authority or officer duly appointed by the Director under this

Enactment to exercise the powers conferred or perform the duties imposed upon such environmental authority by this Enactment or to perform such duties or functions as may be directed by the Director for the implementation, execution or enforcement of any order or decision of the Director made under this Enactment;

“environmental hazard zone” means the environmental hazard zone area declared as such by the Minister under section 18;

“environmental impact assessment report” means a report or series of reports which provide a detailed assessment in quantitative terms wherever possible, and in qualitative terms of –

the likely environmental impacts of a development activity;

the measures required to prevent, mitigate or abate any adverse environmental impacts, or to protect the environment; and

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the monitoring programme required to ensure compliance with mitigation measures and to monitor residual impacts;

“environmental protection area” means an area established as such by the Minister under section 11;

“Government” means the State Government of Sabah or the Federal Government;

“land” shall have the same meaning assigned to it under the Land Ordinance (Cap.

68) [Cap. 68];

“Magistrate” shall have the same meaning assigned to it under the Interpretation and General Clauses Enactment 1963 [Enactment No. 34 of 1963];

“Minister” means the Minister for the time being responsible for environmental protection;

“mitigation declaration” means an agreement signed by a person before commencement of any development activity prescribed under section 12;

“natural resources” includes air, biological diversity of resources, forest and forest produce, gas, minerals, oil, land, rocks, soils, animals, birds, plants, marine and aquatic life and waters;

“occupier” shall have the same meaning assigned to it under the Forest Enactment 1968 [Enactment No. 2 of 1968];

“owner” shall have the same meaning assigned to it under the Land Ordinance

(Cap. 68) [Cap. 68];

“penalty” means a fine, imprisonment or other form of punishment;

“Permanent Secretary” means the Permanent Secretary of the Ministry which is for the time being responsible for the environmental protection;

“person” shall have the same meaning assigned to it under the Interpretation and

General Clauses Enactment 1963 [Enactment No. 34 of 1963];

“pollutant” means any substance whether liquid, solid or gaseous, or micro-organisms, which directly or indirectly –

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alters the quality of any environment or any part of any environment so as to adversely affect the environment;

is hazardous or potentially hazardous or prejudicial to health and safety;

change the temperature or the physical, biological or chemical characteristic and quality of the environment so as to diversely affect the environment; or

creates obnoxious odours, noise or radioactivity;

“pollution” means any direct or indirect alteration of the environment or any part thereof by discharging, emitting, or depositing wastes or pollutants thereby causing hazard to the environment or causing a condition which is hazardous or potentially hazardous to public health and safety or welfare, or to animals, birds, fish, aquatic life or plants;

“prescribed activities” means any activity as prescribed by the Director under section 12;

“produce” means timber, earth, minerals, sand, sandstones, rocks, limestone, silica, marble and other natural resources;

“proposal for mitigation measures” means a proposal or series of proposals which provide a description of –

the known environmental impacts of a development activity;

the measures required to prevent, mitigate or abate any adverse environmental impacts, or to protect the environment; and

the monitoring programme required to ensure compliance with mitigation measures and to monitor residual impacts;

“relevant authority” means any Government authorities or agencies responsible for approving development activities;

“rules” includes regulations and by-laws;

“significant” means the adverse effect of any activity which has or is likely to have on the environment due to the –

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magnitude of the effect in relation to the spatial boundaries;

permanence of the effect;

irreversibility of the effect;

cumulativeness over time of the effect; or

risks of the effect in relation to health and safety;

“vegetation” includes forest;

“water” includes river water, lake water, underground water, coastal water and storm water.