What grounds did the Appeal Board cite for rejecting the PSR EIA?

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Appeal Board Cited Non-Compliance with Penang Structure Plan 2030 for EIA Rejection

The Penang South Reclamation (PSR) Environmental Impact Assessment (EIA) approval was declared null and void by the Appeal Board due to a non-compliance with Section 34A(4)(a) of the Environmental Quality Act 1974. Specifically, the Appeal Board found that the Penang Structure Plan 2030 (RSN2030) was not in force at the time the EIA approval was granted, which formed the sole basis for their decision.
Non-Compliance with Environmental Quality Act

The Appeal Board's written decision explicitly stated that the EIA failed to adhere to Section 34A(4)(a) of the Environmental Quality Act 1974. This section mandates that a project must align with a development plan or physical plan approved by the relevant authority. The Appeal Board's interpretation was that the RSN2030, which was approved by the state authorities on March 14, 2019, and presented to the National Physical Planning Council on April 18, 2019, was not yet formally in force when the EIA received approval on June 15, 2019.
Penang Government's Disagreement with the Ruling

The Penang government disagrees with the Appeal Board's assessment, asserting that all necessary planning processes and approvals were fully complied with. The state government contends that the RSN2030's approval by the state authorities and its subsequent presentation at the national level were sufficient to meet the requirements of the Environmental Quality Act 1974.
Decision Based Solely on Planning Compliance

It is crucial to note that the Appeal Board's decision to set aside the Department of Environment's (DoE) approval was based exclusively on this single point of contention regarding the Penang Structure Plan 2030. No other substantive arguments or merits of the case were cited as grounds for the rejection.
Subsequent Actions by Penang Government

In response to the Appeal Board's ruling, the Penang government has decided to initiate the process of resubmitting the EIA for the Penang South Reclamation project to the Department of Environment. Concurrently, the state exco has also agreed to file for a judicial review of the Appeal Board's decision.

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What grounds did the Appeal Board cite for rejecting the PSR EIA?

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