Environmental Safeguard and

Environmental Impact Assessment

System in Myanmar

Dr. San Oo
Director
Environmental Conservation Department

13-3-2017 MICC II, Nay Pyi Taw

 Contents

 Constitution(2008)
 Government’s Policy Guidance
 Policy and Legislation
 Environmental Institutions
 Environmental Challenges
 EIA Procedure
 Gaps
 Way Forward
 Constitution (2008)

Article 45: The state shall protect natural

environment of the country
Article 390: It shall be the duty of every citizen
of Myanmar to protect the natural
environment
 Government’s Policy Guidance:
Environmental Sustainability
• Natural resources extraction and usage, we will lay down
appropriate methods so as to avoid environmental and
ecological damage
• To enact legislation to assess and evaluate the risks of
environmental harm resulting from domestic and
international investment
• To lay down new policy for economic development in parallel with
environmental conservation
• To review and amend laws and enact new laws on environmental
conservation
• To conserve Forests and Biodiversity
• To reduce Air and Water pollution
• To control of Industrial Waste
• To extend Renewable Energy
• To mobilize participation of people and social organizations
Environmental Policy & Legislation

 Environmental policy(1994)
 Environmental Conservation Law (2012)
 Environmental Conservation Rules (2014)
 Environmental Impact Assessment Procedure (2015)
 Environmental Quality(Emission) Guidelines(2015)
 Related Laws and Regulations
 Myanmar Investment Law (2012)
 Myanmar Investment Rules (2013)
 Notifications for Investment (2013 and 2014)
 Existing Social related Laws and Regulations
 Policy & Legislation (Cont,)

National Environmental Policy was adopted in

1994. The objective is to achieve harmony and
balance through the integration of environmental
considerations into the development process to
enhance the quality of life of all its citizens. The
policy clearly states that Environmental protection
should always be the primary objective in seeking
development.
 Policy & Legislation (Cont,)

ECL Article 7 (m)

To lay down and carry out a system of EIA and
SIA as to whether or not a project or activity to
be undertaken by any Government department,
organization or person may cause a significant
impact on the environment.
 Environmental Institution

National Environmental Conservation and Climate

Change Central Committee(NECCCCC)
Patron – Vice-President(1)
Chairman - Union Minister of MONREC
25 members ( Deputy Ministers, PS and heads of department
from various relevant Ministries)
 Environmental Institution(Cont;)
NECCCCC

WC on Policy, Law, Rules . Procedures,

Standards
WC on Industry, Urban and Rural
Development
Regions/
WC on Natural Resources and Cultural States
Heritage conservation Environmen
WC on Climate Change Mitigation and tal
Adaptation Supervision
WC on Environmental Human Resource Working
Development, Education and Extension Committee
WC on Green Economy and Green Growth
Sustainable Development Goals &
Environment
Integrated approach

Economy
Environment
Health Economy
Health
Environment

Social Social
 Integrated Approach through Multi-stakeholders
Engagement

NGOs,
CBOs,
People
Academi
UN
es, Environment
Agencies,
Int. Orgs
Research and Social Sustainable
ers Safeguard Development
System
MOECAF
Parlia &
ments Cross
Ministries
 Environmental Challenges
Challenges Environmental
Changes
Tools
Pollution
•Water EIA
Heavy •Air SEA
Industrial, •Land
Increasing Special
Investment economic

Development
in industry zone

Sustainable
based
economy

Resources Social and

Degradation Env.
Infrastru •Biodiversity Sustainability
cture
Highly
Develop •Forest
rely on
Natural ment •Minerals
resources
 EIA Procedure
SCREENING

INITIAL ENVIRONMENTAL ENVIRONMENTAL IMPACT

NO SIGNIFICANT IMPACT EXAMINATION ASSESSMENT

Investigations & Scoping

Reporting
Investigations &
Review & Approval
Reporting
Process
Review & Approval
Process
Environmental Compliance
Certificate (ECC)
OTHER ECC Reject
PERMITTING
PROCESSES
Appeal Process
Screening Project Proposals for IEE or EIA
Project Proponent The Ministry

1.1 Prepare Project submit 1.2 Screening

Proposal

15 Days 1.3 Decide

Investment No IEE/EIA
EIA, IEE or
License Process Required
none

EIA Type
IEE Type Project
Project
Char Scoping
t3.0
Char
t2.0
IEE Preparation and Review
Char EIA Preparation and Review
t3.1

Char IEE Approval

t2.1 Char
t3.2
EIA Approval
IEE Preparation and Review Chart
2.0
Project Proponent The Ministry

submit 2.2 Check registration

2.1 Select IEE Experts
of IEE Experts

2.3 7 Days
IEE Experts not registered Decision
on IEE
IEE Experts Registered Experts

2.4 Conduct IEE Investigations 2.6 Review IEE Report

 Disclose information about the Project  Disclose IEE Report on website

 Undertake environmental and social  Call for comments from government,
assessment studies and investigations PAPs, CS and other stakeholders

 Conduct consultations with PAPs, LCs, LAs,  Arrange Public Consultations at local
CS, CBOs level
 Collect and review all comments
2.5 Prepare/Revise IEE submit
Report
60 Days
IEE Report not
satisfactory 2.7 IEE
2.5.1 Public Report
disclosure of IEE Approval
Report

Go to
Chart 2.1
Action 2.7
Continues
 IEE Approval Chart
2.1

Project Proponent The Ministry

2.7 IEE
Report
EIA Required
Go to Approval
Chart 3.0
EIA Process
Action 3.1 IEE Report
2.7.1 Public
Inform EIA Disclosure Approved
is required
2.8 Issue ECC
Investment License with conditions
Process
Investment
license
obtained
2.8.1 Public
Disclosure of ECC
Project implementation
in compliance with ECC,
ECC Conditions and
IEE Report including
EMP
Scoping Chart
3.0
Project Proponent The Ministry

3.1 Select EIA submit 3.2 Check registration of

Experts EIA Experts

3.3
7 Days
EIA Experts not registered Decision
on EIA
Experts
EIA Experts Registered

3.4 Conduct Scoping

 Disclose information about the Project
 Undertake scoping studies 3.6 Review Scoping Report
 Conduct consultations with the
and TOR
Ministry, PAPs, LAs, CBOs, CS

15 Days
3.5 Prepare/revise Scoping Report and submit
Terms of References (TOR) for the EIA
investigations Scoping Report/TOR
not satisfactory 3.7
Approval

Go to
Chart 3.1 Approved
Action 3.8
Continues
EIA Preparation and Review Chart
3.1

Project Proponent The Ministry

3.8 Conduct EIA Investigations 3.10 Review EIA Report

3.10.1 Submit EIA Report to EIA
Report Review Body
 Disclose information about the Project
 Undertake environmental and social
assessment studies and investigations 3.10.2 EIA Report Review Body
prepares comments
 Conduct consultations at national, state and
local level with PAPs, authorities, CS, CBOs,
the Ministry, sector ministries, regional
 Disclose EIA Report on website
government organizations
 Call for comments from government,
PAPs, CS and other stakeholders

submit  Arrange Public Consultations at local

3.9 Prepare/Revise level
EIA Report
 Collect and review all comments

3.9.1 Public EIA Report not 90 Days

disclosure of satisfactory 3.11 EIA
EIA Report Report
Approval
Go to
Chart 3.2 Approved
Action
3.11 Continues Rejected
 EIA Approval Chart
3.2

Project Proponent The Ministry

EIA Report 3.11 EIA

No 3.11.2
Report
File Rejected Approval
Appeal

Termination
Yes 3.11.1 Public EIA Report
Go to Disclosure of Approved
Chart 3.3 rejection
Action
3.13
Inform 3.12 Issue ECC with
conditions
Investment License
Process
Investment
license 3.12.1 Public
obtained Disclosure of ECC

Project implementation in
compliance with ECC, ECC No
Conditions and EIA Report
Go to
including EMP Yes File
Chart 4.0
Action 4.0 Appeal
 Appeal
Chart
4.0

Appellant
The Ministry Environmental Conservation
4.0 File Committee
Appeal
4.1 Forward Appeal
4.2 Review Appeal
4.4 Receive 4.3.1 Uphold
instructions from the Ministry’s
the Environmental Decision
Conservation
Committee 4.3
Decision
4.3.2 Require on
4.5 Final revised EIA
Require revised EIA Appeal
Report Decision
on EIA
Report 4.3.3 Require
Approval the Ministry’s
Revert Decision on EIA
Decision to
Approval/Rejection be revised

Go to 4.3.4 Inform:
Go to Chart 3.2 4.5.1 Public
Chart 3.1 • Appellant,
Action Disclosure of result
Action 3.9 3.11 of appeal
• Project Proponent
• The Ministry
 Time frame (IEE/EIA and MIC permission process)
EIA Process Duration MIC Duration
(According to EIA procedure) Permission

Screening Proposal (IEE/EIA/NON) 15 days Screening 15 days

Proposal
MIC Permission 90 days
IEE Process
• IEE Report approval 60 days

EIA Process
• EIA expert approval (Third party or 7 days
not)
• Scoping report & TOR approval 15 days

• EIA report approval 90 days

 Gaps
Lack of Sectoral guidelines

Weak in Capacity to develop Environmental Governance

Weak in Coordination and Cooperation among Institutions

Weak in Monitoring activities and its follow up process

Lack of Financial Mechanism

 Way Forward

EIA guidelines for specific sectors

Monitoring Mechanism

Capacity Development/ Institutional strengthening

International Cooperation

Strengthening :Coordination Mechanism and Institution

Financial Mechanism
Thank You