Malaysia: Group puzzled over EIA approval for Pitas aquaculture project

RUBEN SARIO The Star 17 Jan 15;

KOTA KINABALU: An approval of the environmental impact assessment (EIA) report for a shrimp aquaculture project in the northern Pitas district is puzzling an environmental group here.

The Sabah Environmental Protection Asso­ciation (Sepa) said the state Environmental Protection Department (EPD) had approved the EIA report without going through a meeting of a review panel as required.

Among those sitting in the panel are representatives of concerned groups such as Sepa.

Sepa president Lanesh Thanda said the last review panel meeting was held on June 5 last year, when the EIA report for the RM1.23bil aquaculture project was rejected.

“We have the minutes of the meeting sta­ting that it was not approved. We would like to know what happened between June 5 and Dec 19 when the EIA was approved,” she said.

She said it was not Sepa’s intention to stop the project, which is expected to create some 3,000 jobs in one of Sabah’s poorest districts.

“Our stand is that livelihood projects must go hand in hand with environmental care. The project must be environmentally sustainable,” Lanesh added.

EPD director Datuk Yabi Yangkat said among the conditions of the EIA approval was for the project developers to put in place mitigation measures for wildlife corridors, mangrove buffer zones, riparian reserves and rehabilitation of certain disturbed mangrove areas.

The aquaculture project is a joint venture between Sunlight Inno Seafood Sdn Bhd and state-owned Yayasan Sabah subsidiary Inno Fisheries Sdn Bhd.

The EIA was prepared by DH Water and Environmental Consultant (M) Sdn Bhd.

The terms for the project were submitted on May 13, 2013, and approved by the state environment department on July 10 that year.

This was followed up with the submission of the EIA report on April 29 last year, which was initially rejected by the EIA review panel on June 5 but approved on Dec 19 after issues of concern were resolved.

Yabi said his department was aware of the environmental sensitivity of the project and that the EIA implementation would be monitored closely.

EIA without consultation upsets Sepa
Daily Express 17 Jan 15;

Kota Kinabalu: The Sabah Environmental Protection Association (Sepa) expressed disappointment that the EIA for the proposed Shrimp Aquaculture Project at Sungai Telaga, Pitas has been approved without further consultation with the EIA review panel members.

Sepa President Lanash Thanda said the Environmental Protection Department (EPD) had set a precedent with an undermining effect on the entire EIA review process in Sabah.

In a press conference here, she said Sepa was one of the panel members of the EIA review committee of the proposed project chaired by EPD Director, Datuk Yabi Yangkat on June 5 last year that rejected the EIA report.

However, Sepa was surprised to see Yabi's press statement that the EIA report was approved on Dec 19, 2014 after additional important information had been included that was re-submitted to EPD on June 24.

Lanash was also surprised to read the director's statement that the decision was made to enable the project proponent through their EIA consultant to submit additional information.

"Sepa is indeed surprised by this statement, as Sepa recalls no such decision being made at the meeting to allow the project proponent to submit additional information.

"With no further communication by EPD to Sepa on the status of the rejected EIA, it was fair for SEPA to maintain the belief that the rejected EIA remained rejected.

"It is based on this honest belief of the events that took place on June 5, 2014 that Sepa made the statement that appeared on Jan 12, 2015 in the newspapers that the project was forging ahead without EIA approval.

"In fact, prior to issuing that statement, Sepa made the additional effort to refer to the EPD website and found no indication that the EIA was approved," she said.

"In light of the new revelations by the EPD that the EIA was in fact approved, we call upon the EPD to share with the Review Panel and the public the additional information that was received by EPD on the June 24, 2014 as stated by the Director.

"We are as a Review Panel member are very anxious to see how adequately the many technical issues and limitations in the EIA report that was raised by the members are addressed," she said.

She said Sepa would like to emphasise that it had always acted in good faith and with sincerity. "Sepa is made up of members who are volunteers to safeguard all our children's future by ensuring that Sabah has a healthy, thriving environment for generations to come," she said.

Also on hand were Harjinder Kler (vice president), Julia Hwong (secretary), Margaret Chin (legal adviser) and committee members, Alice Mathew.

Yabi was reported as saying that the EPD found the issues and concerns by members of the EIA Review Panel have been satisfactorily explained and addressed, the information given were sufficient and the proposed mitigation measures and monitoring programme updated and found to be appropriate, realistic and sufficient for EPD to formulate the Agreement of Environmental Conditions after it was resubmitted on June 24, 2014.

"Hence, the EIA Report was approved on Dec 19 2014," he said, adding that the EIA approval conditions for this project among others include mitigation measures for wildlife corridor, riparian reserve, mangrove buffer zone and rehabilitation of certain disturbed mangrove areas.

Besides the EIA approval conditions, the Land and Survey Department has also stated a special Terms and Conditions in the land approval conditions which included the provision of 100 meter riparian zone.

Violation to this specific condition is an offence under the Sabah Land Ordinance (Cap. 68), he said.

“EPD director’s discretion to final decision on EIA’
Jennie Lajiun Borneo Post 20 Jan 15;

KOTA KINABALU: The Environment Protection Department (EPD) director’s decision to approve the Environment Impact Assessment (EIA) Report for the Shrimp Aquaculture Development project in Pitas has been made in accordance with the Environment Protection Enactment 2002.

EPD director, Datuk Yabi Yangkat, in his statement yesterday, said that Section 12D(1) of the enactment provides power to the director to approve an EIA report submitted to the EPD by any project proponent, even if no EIA Review Panel meeting is convened.

“However, it is always the EPD’s practice to refer all EIA Reports to technical departments or agencies for their technical comments,” he said.

He stated that in a case where a Review Panel convenes, the department is not obliged to refer any other matters back to the Review Panel members before making any final decision.

“It is the discretion of the director to make a final decision; hence, SEPA (Sabah Environment Protection Association) should not feel overly disappointed for not being referred again,” he said.

As for the belief of SEPA that the EIA remained rejected, Yabi said that SEPA could in good faith write to EPD or consult the department to seek clarification on the status of the project before making blunt accusation about the department and the project in the media.

He added that there are several environmental Non Government Organisations (NGOs) in Sabah which have expressed interests to participate in the EPD’s Review Panel meeting, but they had no opportunities yet because the department has to keep the number manageable and choose proper stakeholders that are seen inclusive and representative.

“We may need to be very careful to choose the right stakeholder who is willing to cooperate and work effectively with the department to protect the environment in Sabah in future,” he said.

He added that the EIA Report has been approved with strict provisions for wildlife corridor, riparian reserve, mangrove buffer zone and rehabilitation of certain disturbed mangrove areas.

“EPD or any other relevant departments may vary or add the terms and conditions for better environmental protection within or surrounding the project area,” he said.

“Hence, in fact, SEPA or any interested parties may at any time submit to EPD any technical inputs to further strengthen the environmental conditions for the EIA approval. However, any suggestion or inputs must be supported with technical facts and figures, not merely a personal concern or hearsay,” he said.

Yabi emphasized that he is guided by the Environment Protection Enactment 2002 in his decision-making process.

“Although technical inputs from NGOs are sometimes required in decision-making process, their agreement on the EIA Report is not a requirement for the department’s approval for the EIA,” he said.

SEPA president, Lanash Thanda, recently mentioned that the approval of the EIA for the project on Dec 19, 2014 came as a surprise to SEPA.

She said that during the Review Panel meeting held on June 5, 2014, it was unanimously decided that the EIA report was rejected.

“The director himself confirmed the rejection in his statement,” she said.

She also said that SEPA recalled no such decision being made at the meeting to allow the project proponent to submit additional information.

She urged EPD to share with the Review Panel and the public the additional information that was received by EPD on June 24, 2014.

She also said that SEPA was disappointed at EPD’s conduct of approving the EIA without further consultation with the EIA Review Panel members.

EIA for Pitas shrimp farm project gets state approval
The Star 21 Jan 15;

KOTA KINABALU: Despite misgivings from a conservation group, the Environmental Impact Assessment (EIA) report for a RM1.23bil shrimp aquaculture project in the northern Pitas district has been approved.

State Environmental Protection Department director Datuk Yabi Yangkat said he had the final say in approving the EIA for such a project, which was provided for under the state Environment Protection Enactment.

Section 12D(1) of the enactment, he said, provided power to the director to approve an EIA report submitted by any project proponent, even if no EIA Review Panel meeting had been convened.

“However, it is always the department’s practice to refer all EIA reports to technical departments or agencies for their comments.”

The Sabah Environmental Protection Association (Sepa), which was represented at the EIA review panel, should not feel disappointed following the approval of the project that had initially been rejected, said Yabi.

Sepa president Lanesh Thanda had said that it was surprised over the department’s move to approve the EIA for the shrimp project.

She said it was not Sepa’s intention to stop the project – expected to create some 3,000 jobs in one of Sabah’s poorest districts – but to insist that that any livelihood project must go hand in hand with environmental care.

The EIA report had been approved with strict provisions for wildlife corridor, riparian reserve, mangrove buffer zone and rehabilitation of certain disturbed mangrove areas.

“The department or any other relevant department may vary or add on the terms and conditions for better environmental protection within or surrounding the project area.

“In fact, Sepa or any interested group may at any time submit to the department any technical input to further strengthen the environmental conditions for the EIA approval.

“Any suggestion or input must, however, be supported by technical facts and figures, not merely a personal concern or hearsay,” Yabi added.

Related link
Malaysia: Destruction of mangroves continues in Pitas, Sabah Borneo Post 12 Jan 15;