Why was the initial EIA approval for PSR set aside by the Appeals Board?

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Appeals Board Set Aside Initial EIA Approval for Penang South Reclamation Due to Zoning Contradictions

The initial Environmental Impact Assessment (EIA) report approval for the Penang South Reclamation (PSR) project was set aside by the Appeals Board because it was found to be in contradiction with Section 34A(4) of the Environmental Quality Act 1974. This contradiction arose from the fact that the development zoning had not received approval from the relevant Penang authorities at the time the EIA was initially assessed.
Contradiction with Environmental Quality Act

The Appeals Board's decision to set aside the approval stemmed from a specific conflict with the Environmental Quality Act 1974. The issue identified was a discrepancy concerning development zoning, which had not yet been formally approved by the pertinent Penang authorities. This situation directly contravened the stipulations outlined in Section 34A(4) of the Act, leading to the invalidation of the initial EIA approval.
Protests Triggered Appeals Process

The case reached the Appeals Board following protests lodged by the Penang Fishermen’s Association. These objections prompted a review of the EIA report approval under Section 35 of the Environmental Quality Act 1974, initiating the formal process that ultimately led to the Appeals Board's intervention.
Ongoing Assessment of New EIA Report

While the initial approval was set aside, a new EIA report for the PSR project has since been submitted to the Department of Environment (DOE). This revised report is currently undergoing assessment by the DOE and various technical agencies. These agencies include PLANMalaysia, the Fisheries Department, the Health Department, the Drainage and Irrigation Department, the Mineral and Geoscience Department, the Marine Department, the Public Works Department, and the Town and Country Planning Department, among others.

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Why was the initial EIA approval for PSR set aside by the Appeals Board?

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