Section 3

the compliance status to environmental regulatory requirement;

the environmental management system; and

the overall environment risk of the premises or activities;

“environmental impact” means the likely impact of any prescribed activity on various aspects of the environment, and includes the impact on land (including changes in shape of the terrain and dredging being conducted simultaneously), or within the structure

(including the establishing, modifying and expanding of a structure for specific purposes), after the implementation of a prescribed activity;

“environmental impact assessment” means the process of —

surveying, predicting and assessing environmental impact;

studying possible environmental protection measures relating to the prescribed activity; and

assessing the likely overall environmental impact of such measures;

“environmental incident” is an event where there has been a detrimental impact resulting in pollution or damage to environment;

“Environmental Inquiry Committee” means the Environmental

Inquiry Committee appointed under section 23;

“environmental management system” means a system comprising an organisational structure with its responsibilities, practices, procedures, processes and resources for implementing and

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maintaining the system relating to the management of the environment;

“environmental officer” means the Environmental Officer appointed under section 10;

“hazardous substance” means —

any natural or artificial substance including any raw material, whether in a solid, semi-solid or liquid form, or in the form of gas or vapour, or in a mixture of at least two of these substances; or

any living organism, intended for any environmental protection, conservation and control activity, which can cause pollution or detrimental effect to the environment, as the case may be;

“inland waters” means any reservoir, pond, lake, river, stream, canal drain, spring or well, or any part of the sea above the low water line along the coast, or any other body of natural or artificial surface or sub-surface water;

“material change” means any change in environmental impact that is significant to require a re-submission of the notification of prescribed activities to the Authority, and includes —

physical changes to the premises;

changes to operational parameters of the facility;

change in risk profile or environmental impact;

“Minister” means the Minister responsible for environmental protection and management matters;

“notification of prescribed activities” means a written report as set out in Schedule 2;

“occupier”, in relation to —

any premises, means the person in occupation of the premises or having the charge, management and control thereof; and

any part of the premises, different parts of which are occupied by different persons, means the person in occupation or having the charge, management or control of that part;

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“owner”, in relation to —

any premises, includes the person for the time being receiving the rent of the premises, whether on his account or as an agent or trustee or as receiver, or who would receive the rent if the premises were let to a tenant;

any premises where the building works are carried out, includes the developer and the building contractor; and

the common property of any subdivided building, includes the strata corporation established under the Land Code

(Strata) Act (Chapter 189) having control of the building, or the person receiving any rent or charge for the maintenance of that common property;

“pollutants” means any natural or artificial substances, whether in a solid, semi-solid or liquid form, or in the form of gas or vapour, or in a mixture of at least two of these states, or any objectionable odour or heat emitted, discharged or deposited or is likely to be emitted, discharged or deposited from any source which can directly or indirectly cause pollution or damage to the environment;

“premises” includes any place whether enclosed or built on or not, whether situated underground or under water and, in particular, includes —

any building, vehicle, vessel or aircraft;

any structure, whether a fixed structure or a movable structure such as a tent; and

a part of any premises, including a part of premises of a kind referred to in paragraph (a) or (b);

“prescribed activity” means any activity set out in Schedule 1;

“sale” includes barter, exchange, import and export and also includes offering or attempting to sell, or causing or allowing to be sold, or exposing for sale or receiving or sending or delivering for sale;

“sewage” includes water-borne domestic waste and trade effluent;

“smoke” includes soot, ash, grit and gritty particles emitted into the air;

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“toxic substance” means any trade effluent, chemical, oil or any other substance which is noxious, injurious or polluting;

“trade effluent” means any liquid, either with or without particles of matter in suspension therein, which is the outflow from any trade, business or manufacture or of any works of engineering or building construction;

“waters” means all waters, whether manageable or not, included within Brunei Darussalam, and are deemed to include territorial waters;

“works” includes any activity, whether commercial or not, that may have an impact on the environment.

references to the territory of Brunei Darussalam include the territorial waters and exclusive economic zone of Brunei

Darussalam;

references to the exclusive economic zone of a country are references to the exclusive economic zone of that country established in accordance with international law.