Environmental Impact Assessment ( EIA )

Purpose

• A planning tool for preventing environmental problems due to an activity 
• Systematically identify , assess and mitigate negative environmental impacts of major development 
• In Malaysia , EIA is required under section 34A , Environmentgal QUality Act , 1974 , which specifies the legal requirements in respect of EIA for Prescribed Activities . 
• It empowers the MInister of Natural Resources and Environment after due consultation , to prescribe any activity which may have significant environmental impact as a Prescribed Activity . which may have significant environmental impact as a Prescribed Activity . 
• The section further requires the Project Proponent of a Prescribed Activity to submit a report ( the EIA ) to the Director General of Environmental Quality before approval for the proposed activity is granted by the relevant approving authority ( Department of Environment ) 

Enviroment issue 2

For list of catchment areas sewer disposal applies , see Environmental Quality ( Sewage and Industrial Effluents Regulations 1978 .

• For manufacturing and production Activities see EQ ( clean air ) 1978 , which includes control of open burning and industrial discharge within residential areas . 
• For control of Vehicle Noise ( motor vehicle noise ) 1987 . 
• Also applies to equipment like generator sets or pilling equipmnent . 
• For Environmental Impact Assessment and the list of prescribed activities see pages 158 - 162 of EQ ( prescribed Activities ) 1987 . 
• For Scheduled Wastes see relevant section 
• For control of usage of Halons ( alkaline and halogen ) see EQ ( Prohibition on Use of Chlorofluorocarbons etc . )Eg air con . 
• For control of emissions of Petrol and Diesel Engines see particular EQ sections . 
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Environmental quality act

• An act relating to the prevention , abatement , control of pollution and enchancement of the environment 
• The Environmental Quality Act and Regulations covers activities such as : 

1. Sewerage Treatment Standards , 
2. Controlling discharge of Manufacturing waste / Poison , Air Quality / Pollution . 
3. Noise of Motor Vehicles 
4. Environmental Impact Assessment of Land Development Projects , 
5. Monitoring Scheduled Wastes from Manufacturing , 
6. Control of use of Chlorofluorocarbons , 
7. Controlling Marine Pollution 
8. Emission of lead from Diesel / Petrol engines , Control of Open Burning , etc , -refer to General Act and Detailed Acts . 
9. Empowers Deparment of Environment to control pollution to air , noise levels , pollution to soil and inland waters , discharge of oil in Malaysian seas , no open burning , control use of dangerous substances , prohibition on disposal of schedules waste . 
10. Operators of plant and equipment must obtain a license from DOE to operate eg. quarries , concrete batching plants , piling equipment etc . 

sample case 2

• In another case Dugdale v Lovering ,

1. The plaintiff possessed some trucks which were claimed by both the defendant and K.P. Co . the defendant demanded delivery and the plaintiff asked for an indemnity bond , but  rexeived no reply . Even then the trucks were delivered to the defendant . K.P.Co sued the plaintiff for conversion of property . The plaintiff were held entitled to rexover indemnity from the defendanton an implied promise as evidence by the fact that by  demanding an indemnity , they made it clear that hey have no intention to deliver except on indemnity .

Sample case 1

The concept of indemnity can be found in the fact of that case Adamson v Jarvis ,

The plaintiff who is an auctioneer sold certain cattle on the instruction of the defendant . It turned out later that the livestock did not beong to the defendant but it belonged to another person , who made the auctioneer liable and the auctioneer sued the defendant for indemnity for the loss he had thus suffered by acting on the defendant 's directions . The court held that the plaintiff having acted on the request of the defendant was entitled to assume that if what he did turned out to be wrongful , he would be indemnified by the defendant .

Concept of indemnity

• An agreement by one person ( x) to pay to another ( y) sums that are owed , or may become owed , to him by a third person ( z ) .
• It is not conditional on the third person dafaulting on the payment , i.e can sue x without first demanding payment from Z . If it is conditional on the third person's default ( i.e. if Z remains the principal debtor and must be sued for the money first ) it is not an indemnity but a guarantee .
• Unlike a guarantee , an indemnity need not be evidenced in writting .
• Indemnity shifts liability from the legally responsible person to another person .
• Indemnity is a claim for reimbursement by a party who has paid or may pay money for a loss or liability against a party who should reimburse the pay or because of an agreement , relationship , or duty .
• Indemnity 's roots are grounded in principles of equity .
• Indemnity , a form of restitution , is founded on equitable principles ; it is allowed where one person has discharged an obligation that another person should bear ; it places the final responsibility where equity whould lay the ultimate burden .

Definition of indemnity

Indemnifier - the person who promises to indemnify and the person in whose favor such a promise is made is known as indemnified or indemnity holder .

To indemnify someone means to cover them for their loss in a certain circumstance . Most forms of insurance - except life insurance - are based on the indemnity principle . THis means you can only recover the replacement value of your loss .

Under English law the word indemnity carries a wider meaning . It includes a contract to save the promise from the loss whether it is caused by human agency or by natural calamity like accident or fire .

Contract of insurance except life insurance is a contract of indemnity .

Asa legal concept , it has a more specific meaning , to compensate another party to a contract for an loss that such other party may suffer during the performance of the contract .
Indemnity is a duty to make good any loss , damage or liability incurred by another . It is the right of an injured party to claim reimbursement for any loss , damage , or liability from an person who had such a duty .