Malaysia legislation
Section 6
Section 6
Section 34a of the principal Act is amended—
(a)
by substituting for subsection (2) the following subsection:
“(2) Any person intending to carry out any prescribed activity shall appoint a qualified person to conduct an environmental impact assessment and to submit a report thereof to the Director General in the manner as the Director General may prescribe.”;
(b)
by inserting after subsection (2) the following subsections:
“(2a) The Director General shall maintain a list of qualified persons who may carry out an environmental impact assessment and submit a report thereof.
(2b)
The qualified person who submits the report shall—
(a)
be responsible for the environmental impact assessment and the recommendations of the environmental impact assessment;
(b)
ensure that the report and the recommendation do not contain any false or misleading information;
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(c)
take a professional indemnity insurance for any liability arising from the environmental impact assessment and the recommendations of the environmental impact assessment.
(2c)
The report shall be in accordance with the guidelines as the Director General may prescribe and shall contain—
(a)
an assessment of the impact such activity will have or is likely to have on the environment;
and
(b)
the proposed measures that shall be undertaken to prevent, reduce or control the adverse impact on the environment.”;
(c)
in subsection (3), by substituting for the words “(2)” the words “(2c)”;
(d)
by substituting for subsections (4) and (5) the following subsections:
“(4) If the Director General, on examining the report and after making such inquiries as he considers necessary, is of the opinion that—
(a)
the report is not in accordance with the development plan or physical plan approved by the relevant approving authority; or
(b)
the report does not satisfy the requirements under subsection (2c), he shall not approve the report, giving reasons for not approving, and shall inform the person and the relevant approving authority accordingly.
(5)
The Director General may require the person to submit any other report to him, in addition to the report required to be submitted under subsection 34a(2), relating to the environmental impact for his approval.”; and
(e)
in subsection (8), by substituting for the words “one hundred thousand ringgit” the words “five hundred thousand ringgit”.
Environmental Quality (Amendment)
9
New section 34aa