EIA/VER-2/2008 EIA Consultant Registration Scheme Guidance Document

Transcription

1 EIA/VER-2/2008 EIA Consultant Registration Scheme Guidance Document Department of Environment Ministry of Natural Resources and Environment Level 1-4, Podium Block 2 & 3 Lot 4G3, Precinct 4 Federal Government Administrative Centre Putrajaya Tel: Fax:

2 TABLE OF CONTENTS EIA CONSULTANT REGISTRATION SCHEME 1.0 INTRODUCTION 1.1 Background 1.2 Legal requirements 2.0 REGISTRATION CATEGORY 2.1 EIA Consultant 2.2 Subject Consultant 2.3 Assistant Consultant 3.0 ROLES AND RESPONSIBILITIES 3.1 Roles and Responsibilities of EIA Consultants 3.2 Roles and Responsibilities of Subject Consultants 3.3 Roles and Responsibilities of Assistant Consultants 3.4 Special tasks for EIA Study Team Leader 3.5 Other matters Responsibility of team members Responsibility of project developer 4.0 AREA OF EXPERTISE 5.0 REGISTRATION CRITERIA AND OTHER REQUIREMENTS 6.0 OTHER REQUIREMENTS 6.1 Portfolio of Work 6.2 References 6.3 Interview 6.4 Personal Attributes 7.0 CODE OF CONDUCT 8.0 APPEAL 9.0 RELATED FEES Processing fee 10.0 REGISTRATION RENEWAL 10.1 Requirements for renewal 10.2 EIA qualifying experiences 10.3 Continuous Professional Development (CPD) 10.4 Continuous Evaluation Process 10.5 Summary of requirements for renewal 2

3 11.0 REGISTRATION UPGRADE 12.0 TEMPORARY REGISTRATION 13.0 DEREGISTRATION AND SUSPENSION 14.0 CONFIDENTIALITY 15.0 PROFESSIONAL INDEMNITY INSURANCE APPENDIX 1 FORM A : APPLICATION FORM SECTION A - PERSONAL INFORMATION SECTION B - ACADEMIC QUALIFICATIONS SECTION C - WORKING EXPERIENCE SECTION D - MEMBERSHIP OF PROFESSIONAL BODIES SECTION E - RELEVANT TRAINING/ COURSES SECTION F - RELEVANT EIA EXPERIENCE SECTION G - OTHER ENVIRONMENTAL MANAGEMENT EXPERIENCE SECTION H - DECLARATION SECTION 1 - PAYMENT APPENDIX 2 APPENDIX 3 APPENDIX 4 APPENDIX 5 APPENDIX 6 PORTFOLIO OF WORK FOR EIA CONSULTANT PORTFOLIO OF WORK FOR SUBJECT CONSULTANT FORM B : REFEREE ASSESSMENT FORM CPD LOG SHEET EIA LOG SHEET 3

4 EIA CONSULTANT REGISTRATION SCHEME INTRODUCTION 1.1 Background The EIA has been enforced in Malaysia with the introduction of Section 34A, Environmental Quality Act, The Environmental Quality (Prescribed Activities) (Environmental Impact Assessment) Order 1987 listed 19 activities that require EIA approval prior to physical implementation. Earlier, a voluntary registration scheme was introduced in Malaysia to register EIA consultants. As part of the improvement effort by the DOE Malaysia, this new EIA Consultant Registration Scheme will replace the previous EIA Consultant Registration Scheme. It is designed to improve the standard of professionalism among EIA practitioners by ensuring that they have the minimum qualifications and skills required to conduct an environmental impact assessment study. It is expected that this will lead to significant improvements in the quality of EIA reports produced and submitted to DOE. All EIA consultants registered under the previous scheme are required to submit fresh applications. These applications will be reviewed based on the new criteria and requirements. 1.2 Legal requirements Registration under this scheme will be made a legal requirement. As of 1 st June 2007 (later changed to 1 st October 2007) any individual wishing to be involved in any EIA study must be registered under this scheme. 2.0 REGISTRATION CATEGORY Registration is open for individuals and divided into three categories namely, EIA Consultant, Subject Consultant and Assistant Consultant. Applicants may apply for any registration category appropriate to their skills and experience. For the EIA Consultant and Assistant Consultant category, each applicant may select up to four areas of expertise from the list provided in Section 4. Candidate who chooses more than four areas will automatically be required to attend an interview. Subject Consultant may only indicate one area of expertise. Application can be made using Form A : Registration Form (Appendix 1) Note : Registration is open for Malaysian and non Malaysian. 2.1 EIA Consultant EIA consultants should have at least 7 years experience in general environmental management and a minimum of 5 years of experience in EIA and be actively involved in EIA studies on regular basis. EIA Consultants must have a good understanding of EIA Processes and local regulations concerning environmental matters and planning. EIA Consultants must possess basic environmental management knowledge and skills and must be familiar with environmental assessment techniques and mitigating measures. Under the new scheme, consultants are allowed to select up to four different areas of specialization within which to 4

5 work. However, final decision will be made by the Registration Committee based on the qualifications and experience of the consultants. EIA Consultants must have sufficient competency in the areas that they wish to work and possess excellent writing and communication skills. Note : Registered EIA consultant is allowed to accept any offer to conduct EIA study for any prescribed activities; however, he must ensure that his study team is sufficiently competent to conduct the study. Therefore, in cases where detailed assessment is needed for certain environmental impacts, the EIA consultant shall consider engaging other registered EIA Consultant or Subject Consultant to be in his team. The judgment on the expertise needed shall be based on the nature of the proposed activity, locality and possible significant impacts. Detailed information on team members such as registration number, academic background and his registered areas must be included in the EIA report. 2.2 Subject Consultant Subject Consultants should have an in depth knowledge in any field indicated in list provided in Section 4. Subject Consultant is allowed to choose only one area of expertise. Further explanation on the expertise may be further clarified by the candidate in the application form. Experience in EIA or environmental management is not required. However, Subject Consultant is not permitted to lead an EIA study team. Note : Applicant that fulfills requirements for EIA Consultant and EIA Specialist may apply to be registered under both categories. 2.3 Assistant Consultant Under this Scheme, Assistant Consultants are considered to be individuals involved in EIA Studies at trainee level. Assistant Consultants must work under the supervision of a registered EIA Consultant. Once they fulfill the minimum requirements, Assistant Consultants may upgrade their registration to EIA Consultant. Note : Assistant Consultant without the minimum academic requirement (first degree), will not be able to upgrade their registration, even if they fulfill other conditions. 3.0 ROLES AND RESPONSIBILITIES IN EIA STUDIES The roles and responsibilities of EIA Consultant, Subject Consultant, Assistant Consultant and Project Developer are described in this section. An EIA Study team must appoint a team leader who must be a registered EIA Consultant. Any EIA study team must comprised of at 5

6 least one registered EIA Consultant and any number of Subject Consultant and/or Assistant Consultants. A study team shall have at least two registered individuals. 3.1 Roles and responsibilities of EIA Consultant General duties of EIA Consultant shall include (but need not be limited to) the following tasks: (iii) To conduct the study based on the scope of study or approved TOR To guide Assistant Consultants within the team Prepare write up for the related sections. Draft may be prepared by an Assistant Consultant but the final version must be thoroughly examined and approved by the EIA Consultant 3.2 Roles and responsibilities of Subject Consultant General duties of Subject Consultant shall include (but need not be limited to) the following tasks: To conduct specific studies and/or assessment based on the scope of study or approved TOR. Prepare write up for the related sections. 3.3 Roles and Responsibilities of Assistant Consultant General duties of Assistant Consultant shall include (but need not be limited to) the following tasks: To assist the EIA Consultant in carrying out the study. Assistant Consultant must work under the supervision of an EIA Consultant. The tasks of Assistant Consultant may include sampling, data collection and literature review. 3.4 Special tasks for EIA Study Team Leader Each study team must appoint a study team leader. Only registered EIA consultants are eligible to be appointed as study team leader. The study team leader will have the following additional tasks: To select team members. Members must be selected based on the needs and nature of the prescribed activity. The team leader is responsible for ensuring team members selected are sufficiently competent to conduct the relevant study. To undertake the scoping exercise for the proposed study; and if required; shall produce the TOR to be submitted to DOE. Scoping exercise shall include thorough discussion with all team members and other interested parties. 6

7 (iii) (iv) To coordinate and assign tasks to team members. To be responsible over the quality control aspects of the report, particularly in terms of information coordination and report presentation. 3.5 Other matters Responsibility of all team members All study team members are responsible for any content that they have control of. However, the team leader must supervise the work produced by the team. Team leader as a competent and experienced EIA Consultant shall be able to provide some guidance for other team members on the depth of study or assessment required, and does the overall quality check on the report. Editing of the report, in terms of language and clarity may be undertaken by any team member deemed to be competent Responsibility of project developer Project developer shall carefully select his EIA Consultant from the list of registered consultants published by DOE ( Selection shall be based on competency and experience of consultant. For certain activities, it may be useful to select consultant with the relevant sectoral experience. Project developer shall provide relevant specific information about his proposal e.g; proposed project concept and specific or unique industrial process to assist the study team. In the case where developer has to disclose confidential information such as patented design or process, the developer may arrange for a confidentiality agreement for his consultants. Any information that may influence the assessment and study findings must be provided. The project developer shall read the report and acknowledged that he understands and agrees with the proposed mitigating measures indicated. The developer however, shall never influence the study findings. 4.0 AREA OF EXPERTISE EIA Consultants and Assistant Consultants are allowed to choose a maximum of four areas of expertise. Selection shall be based on the individual s academic qualifications, training and experience. However, the registration committee will make the final decision on the areas of specialization that may be granted to an applicant. Evidence, in the form of certificates or examination results, must be submitted with the application. Applicant must have obtained basic formal training for all areas chosen to ensure sufficient understanding on the subject matter. Subject Consultant is allowed to choose only one area of expertise. Applicants are also allowed to indicate any other fields, which may be relevant in EIA study. Areas of expertise for Environmental Impact Assessment study are as follows: Forestry Ecological studies 7

8 Fisheries Hydrology Water quality Waste water Noise & vibration Air quality and odour Landscape & visual Geology & soil Geotechnical study Geomorphology Hydrogeological study Archaeology History Traffic impact assessment Social impact assessment Economic valuation/ economic analysis Health impact assessment Quantitative risk assessment Chemical processes Industrial processes (other than chemical processes) Land use planning Mining Quarrying Scheduled waste management Solid waste management General environmental management Others (please specify) Note : Specific information on the field of expertise can be further clarified in the Application Form. For example, you may indicate environmental models that you are familiar with; as well as your sectoral experience. 5.0 REGISTRATION CRITERIA AND REQUIREMENTS Table A: Registration criteria for EIA Consultant, Subject Consultant and Assistant Consultant CRITERIA EIA CONSULTANT SUBJECT SPECIALIST Academic qualification Degree in sciences, technology or engineering. Applicants with other non-technical or sciences degree may only work within their academic specialization. 8 Degree with minimum 7 years of working experience in the selected field or Masters degree ASSISTANT CONSULTANT Degree in sciences, technology or engineering. Applicants with other non-technical or science degree may only work within their academic specialization or

9 with minimum 5 years of working experience in the selected field Diploma in sciences, technology or engineering or General environmental management experience (iii) EIA related experience (iv) Minimum number of reports approved (v) Core competencies PhD with minimum 3 years of working experience in the selected field. Minimum 7 years Not required Minimum 1 year Minimum 5 years Not required Not required 5 reports Not required Not required Attendance of formal EIA training (evidence to be supplied) Sufficient understanding of EIA processes (e.g : scoping, screening, impact assessment, mitigating measures, monitoring, report writing, preparation of EMP, project management skills (iii) Sufficient understanding of environmental & planning regulations in Malaysia Must be highly competent in the selected field (evidence to be supplied). Subject Consultant must be able to perform detailed study and detailed assessment which may include modeling Attendance of formal EIA training (evidence to be supplied) Basic understanding of EIA processes (e.g : scoping, screening, impact assessment, mitigating measures, monitoring, report writing, preparation of EMP, project management skills Basic understanding of environmental & planning regulations in Malaysia Evidence on the expertise (core competencies) in the form of certificates or 9

10 examination results must be submitted together with the application Note : (iv) (vii) (viii) Science disciplines may include natural sciences,biological sciences, physical sciences, earth sciences and environmental sciences Technology disciplines may include Bioprocess, Biotechnology and Environmental Technology Engineering disciplines may include Environmental Engineering, Chemical Engineering, Civil Engineering and Electrical Engineering Applicant with medical degree and specific training in Health Impact Assessment may only work in Health Impact Assessment Applicants with other degree, may only work within their specialized area Competency may also be obtained by attending specialized training or certification course 6.0 OTHER REQUIREMENTS 6.1 Portfolio of Work Applicants for the EIA Consultant category must submit a Portfolio of Work including five of the most relevant EIA reports previously completed. The portfolio must be submitted according to the format provided in Appendix 2: Portfolio of Work for EIA Consultants. The portfolio must highlight the chosen areas of expertise. Subject Consultants are also required to submit a Portfolio of Work indicating the work they had been involved related to the field of expertise selected. Format for Portfolio of Work is provided in Appendix 3: Portfolio of Work for Subject Consultant. Subject Consultant may provide relevant section or summary of his work. Submission of Portfolio of Work is optional for Assistant Consultant. 6.2 References Applicants must name two (2) individual referees who can verify his/ her capabilities, skills, knowledge and experiences. Applicants must advise the selected referees of their nomination and get advance consent. Applicants will need to fill in basic information in Form B: Referee and submit it to the referee. The referee needs to submit the completed Form B: Referee Assessment (Appendix 4) directly to DOE. To increase the chance of successful registration, the applicant must carefully select the referees. As a general guideline, suitable referees could be individuals that: 10

11 Have good reputation and are highly respected in the field of environmental management Were the applicant s previous employer or supervisor, preferably in the area of environmental management or the area of his expertise Are the applicant s current employer or supervisor and; Have known the applicant professionally for a minimum of three (3) years. 6.3 Interview An interview will be conducted for applicants who choose more than four areas of specialization. For other applicants, interview will be conducted on case by case basis (e.g : if further clarification is needed or based on recommendation from referee). 6.4 Personal Attributes Applicants for registration should be able to demonstrate the personal attributes necessary for conducting environmental impact assessment. Desirable personal attributes are: (iii) (iv) (v) (vi) Competence in clearly and fluently expressing concepts and ideas, orally and in writing; Good interpersonal skills; Independence, strong motivation and objectivity when undertaking consultancy responsibilities; Personal organization skills necessary to conduct the environmental assessment effectively and efficiently; The ability to make professional judgment based on study findings; The ability to react with sensitivity to the conventions and culture of the organization, site or region in which the EIA study is performed. Note : Individual with any serious criminal offence (e.g : bribery, criminal breach of trust, misappropriation of fund) that could affect his integrity and professionalism, will not be considered. 7.0 CODE OF CONDUCT All applicants must sign and agree to abide by the Code of Conduct, which is designed to ensure that registered individuals act in an ethical and professional manner. All registered individuals shall: Act professionally, accurately and in an unbiased manner; Strive to increase the competence and prestige of the environmental impact assessment profession; Assist those under my supervision (if relevant) in developing their management, professional and environmental impact assessment skills; Not to undertake any job that I am not competent to perform; 11

12 Not to represent conflicting or competing interests and to disclose to any client or employer any relationship that may influence my judgment; Not to accept any inducement, commission, gift or any other benefit from any interested party or knowingly allow colleagues to do so; Not to intentionally communicate false or misleading information that may compromise the integrity of any EIA study; and Not to act in any way that would prejudice the reputation of the EIA Consultants Registration Scheme or the environmental consultants registration process and to co-operate fully with any inquiry in the event of any illegal breach of this code. 8.0 APPEAL In cases where applications are not approved, the applicants ere entitled to appeal in writing. The appeal must be received by the Secretariat within 1 MONTH from the date of rejection letter issued by DOE. 9.0 RELATED FEES Processing fee The structure of the processing fee is indicated in Table 2: CATEGORY PROCESSING FEE EIA Consultant RM 500 Subject Consultant RM 300 (iii) Assistant Consultant RM 300 (iv) EIA Consultant & Subject RM 800 Specialist The processing fee will not be refunded if the candidate fails to meet the criteria for a particular category. However, applicants rejected for the EIA Consultant category but fulfill the minimum requirements for an Assistant Consultant will be automatically registered as Assistant Consultant. Applications must be sent to : Secretariat EIA Consultants Registration Scheme Assessment Division Department of Environment Malaysia Ministry of Natural Resources & Environment Level 1-4, Podium 2 & 3 Lot 4G3, Precinct 4, Federal Government Administrative Centre Putrajaya, MALAYSIA (Attention : Cik Sharifah Zakiah Syed Sahab / Puan Nur Syuhaida Mohd Shamsudin) Tel : / Fax :

13 Note : Payment in the form of Cheque / Money Order/ Postal Order must be made payable to Director General, Department of Environment. Applicant for EIA Consultant & Subject Consultant category shall pay processing fee for both categories; however, application may be submitted in the same form. For Portfolio of Work, applicant may choose to submit two separate documents or one single document REGISTRATION RENEWAL 10.1 Requirements for renewal (Refer Table 3) EIA Consultants are required to renew their application every three years. Once registered, there is no requirement on the minimum number of actual EIA reports to be conducted every year. However, to qualify for renewal, the consultant must fulfill a minimum of five (5) qualifying EIA experiences (in three years) and a minimum of 50 hours per year of Continued Professional Development which must also be recorded in log book/ log sheet (Refer Appendix 5 : CPD Log Sheet) Subject Consultants are required to renew their registration every five years. To ensure continuous improvement and exposure to latest development particularly in his selected field; and environmental management in general, Subject Consultant must fulfill a minimum of 20 hours per year of Continued Professional Development (CPD). The CPD may cover his field of expertise and other relevant environmental management fields Assistant Consultant are also encouraged to attend related trainings to improve their knowledge and be exposed to new development or techniques in environmental management EIA qualifying experiences As a general guideline, acceptable activities qualifying for EIA experiences are: (iii) (iv) (v) (vi) Participation in TOR preparation for EIA Participation in EIA study Participation in Environmental Assessment or Site Assessment Participation in preparation of EMP Involvement in preparation of any EIA guidance documents or any other environmental and technical guidelines Study or research related to the consultant s expertise (e.g : Study on the noise and vibration from LRT operations or water quality study of Sungai Langat) Qualifying EIA experiences must be recorded in EIA Log Sheet (Appendix 6) Note This list is not exhaustive, whenever in doubt, applicant may refer to Secretariat 13

14 10.3 Continuous Professional Development (CPD) Registered individualss should develop their personal attributes and skills by: (iii) (iv) Ensuring that their knowledge of EIA and impact assessment techniques is current best practice; Ensuring that their knowledge of environmental laws, regulations and procedures is current; Undertaking refresher training where necessary; Ensuring that their experience in the execution of relevant EIA works are current and maintained Some of the activities that qualify for CPD are: (iii) (iv) (v) Participation in EIA Panel Meeting as Expert Panel Related workshop Related training Resource person for related seminar or training Technical meetings related to environmental management, planning or consultants expertise Note : Course/ workshop/ training providers will have to obtain approval from DOE for CPD hours. Registered individuals shall refer to Guidance Document on CPD for EIA Consultants, published by DOE Malaysia for further clarification (in drafting process and will be published soon) Continuous Evaluation Process Continuous Evaluation Process is introduced with the objective to provide constant evaluation on the consultants performance. Desk officers (DOE officers) for the EIA report will provide their comments on study team members performance. To ensure fair and uniform assessment, all EIA processing officers will be trained to carry out the evaluation using a set of criteria and guidelines. All comments will be channeled to the Secretariat, and will be used for renewal purpose Summary of requirements for renewal Table 3 : Summary of requirements for renewal Requirements for Renewal EIA Consultant Subject Consultant Renewal Fee RM300 Not required 14

15 EIA qualifying Experience 5 Not required CPD 50 hours 20 hours Continuous Evaluation Process Demonstrate satisfactory performance Demonstrate satisfactory performance Note: Renewal of registration will not be granted, unless all requirements for renewal are fulfilled. However, final decision will be made by the Registration Committee appointed by the Director General of Environment. Assistant Consultant is not required to renew their registration; however they can be deregistered following failure to adhere to Code of Conduct (see Item 7.0) 11.0 REGISTRATION UPGRADE All registered individuals are required to keep a personal log of relevant experience and training, which must be either signed by their employer or client, or be substantiated by documentary proof. Log-sheets must be submitted to the DOE at the time of renewal of registration or upon request. Assistant Consultants who wish to upgrade to the EIA Consultant category once they have attained the necessary requirements will have to make fresh application under the EIA Consultant category. The new application will be charged accordingly. Subject Consultants may also apply to be registered as EIA Consultants once they have fulfilled all the necessary requirements TEMPORARY REGISTRATION Temporary registration for special cases may be granted by the Director General for foreign experts under the Subject Consultant category. However, the same minimum requirements are applicable, and need to be proven with relevant documents. No fee will be charged for the temporary registration. Application by foreign experts for long term registration will subject to the same procedure and requirements as their local counterparts DEREGISTRATION AND SUSPENSION Registered individuals can be deregistered or suspended if they fail to comply with the Code of Conduct or fail to fulfill the minimum requirements of CPD and qualifying EIA experience or other reasonable grounds. The committee set up under this Registration Scheme will make the final decision CONFIDENTIALITY 15

16 All information and material submitted to DOE is confidential. However, for the purpose of ensuring the provision of correct information to potential users, such as project developers, the DOE may publish relevant information on the registration scheme website PROFESSIONAL INDEMNITY INSURANCE DOE encourages all registered individuals to obtain their Professional Indemnity Insurance. SZA:C:EIA Consultants Registration Scheme/feb2007/