THE Star, in a report entitled “Sg Wang to be pioneer for NR-REE mining project” (May 11, 2024) reported that the state government had approved 220 hectares in Sungai Wang, Hulu Jelai in Lipis, for the development of a pioneer non-radioactive rare earths mining project. The proposal for the project is said to have been approved by the state government and will now be submitted to the State Authority.

As this project may potentially have adverse effects not only on the local communities residing in the vicinity, but also on the surrounding environment and biodiversity, it is hoped that the project proponent would also be submitting an environmental impact assessment (EIA) report for review by the Environment Department. Section 34A of the Environmental Quality Act 1974 (EQA) mandates an EIA report for certain prescribed activities listed under the First and Second Schedules of the Environmental Quality (Prescribed Activities) (Environmental Impact Assessment) Order 2015 (the Order).

An EIA report for prescribed activities that fall under the First Schedule of the Order requires no public participation and is to be submitted to the Environment Department state office for approval. An EIA Report for prescribed activities that fall under the Second Schedule of the Order requires mandatory public participation, and is to be submitted to the Environment Department for approval by the director-general of environmental quality.

Item 8(a) of the First Schedule to the Order lists “ore processing outside mineral tenement area including concentration of aluminium, copper, gold, iron, tantalum or rare earth element” as a prescribed activity. Meanwhile, Item 8 of the Second Schedule to the Order lists (a) mining of minerals in new areas involving large scale operation; and (b) mining of minerals within/adjacent/near to environmentally sensitive areas as prescribed activities.

Therefore, it is quite clear that the mining project is a prescribed activity under the EQA and consequently, an EIA report must be submitted to the Environment Department for thorough review. Before doing so, it is incumbent for the project proponent to determine (a) whether the proposed identified mining area is an environmentally sensitive area; (b) that there is scientific evidence that the rare earth elements proposed to be mined are non-radioactive; and (c) the potential adverse environmental effects on local communities and biodiversity in the affected and surrounding area. 

It is hoped that inclusive, effective and constructive public participation is conducted (regardless of whether the project falls under the First or Second Schedule of the Order) as the potential effects of the project have far-reaching implications that may last beyond our lifetime into the next generation. Above all, it is hoped that all scientific, developmental and environmental data are given due and proper consideration by all relevant authorities before the project begins. – May 15, 2024.

* Sheila Ramalingam reads The Malaysian Insight.