Environmental Laws in Myanmar

1. Introduction

The Union of Myanmar is situated in South-East Asia and is bordered on the

north and north-east by China, on the east and south-east by Laos and Thailand, on the
south by Andaman Sea and the Bay of Bengal and on the west by Bangladesh and
India. It has total land area of 676578 square kilometres and a coastline of 2276
kilometres.

The country is rich in natural resources and enjoys an unusually great diversity of
flora and fauna, ranging from typically Himalayan species in the north to those
associated with the Malaysian peninsular in the south. Forests, wetlands including
mangroves, swamp forests, lakes, marshes and sea provide a natural habitat for this
large variety of biological species.

Myanmar also has rich mineral deposits including lead, silver, zinc, copper, tin,
wolfram, coal, gypsum, barite, limestone and fireclay as well as precious stones such as
ruby, sapphire, and jade. The country also has a large potential of energy resources
such as hydro carbons and a great potential of hydropower.

In Myanmar, environmental degradation is still minimal. However, like other

developing countries, the major source of environmental issues in Myanmar lies in the
problem of underdevelopment. Therefore in our national endeavour to protect and
conserve the environment, Myanmar’s approach to the environmental protection is
through alleviating poverty and uplifting the livelihood of the people.

2. Environmental Policies and Institutions

2.1 Environmental Policies

With a view to establish sound environment policies in the utilization of water,

land, forests, mineral, marine resources and other natural resources for conserving the
environment and preventing its degradation, the Government of the Union of Myanmar
adopted the following National Policy in 5 December 1994.

“The wealth of nation is its people, its cultural heritage, its environment and its
natural resources. The objective of Myanmar’s environment policy is aimed at achieving
harmony and balance between those through the integration of the environmental
considerations into development process to enhance the quality of life of all its citizens.
Every nation has a sovereign right to utilize its natural resources in accordance with its
environmental policies; but great care must be taken not to exceed its jurisdiction or
infringe upon the interests of other nations. It is the responsibility of the state and every
citizen to preserve its natural resources in the interest of present and future generations.
Environmental protection should always be the primary objective in seeking
development.”

Myanmar also notified its Myanmar Forest Policy on 23 February 1995. It was
issued in view of the importance of the Myanmar Forestry Sector in enhancing national
 2

socio-economic development, and formulated within the overall context of ecological

balance and environmental stability, taking full cognizance of the forestry principle
adopted at the United Nations Conference on Environment and Development (UNCED)
in 1992. The Policy has identified six imperatives:
- protection of soil, water, wildlife, biodiversity and environment;
- sustainability of forest resources to ensure perpetual supply of forest
goods and services for the long run;
- basic needs of the people for fuel, shelter, food and recreation;
- efficiency to harness, in the socio-environmentally friendly manner, the
full economic potential of the forest resources;
- participation of the people in the conservation and utilization of the
forests; and
- public awareness about the vital role of the forests in the sustained
development of the nation.
It is stipulated in the Policy to increase the reserved forests to 30 % of the
country’s total land area from the present status of about 15 % and the Protected Areas
System to 5 % in the short term and 10 % in the long term from the present status of
about 2 % so as to ensure the security of forest resources.
The Government ministries including the Ministry of Health and the Ministry of
Energy have also issued policies in which some provisions for protection and
preservation of environment have been included.

2.2 Environmental Institutions

To coordinate environmental matters in the country, the National Commission for
Environmental Affairs (NCEA) was established in 1990. The Commission serve as the
national focal point and coordinating agency for environmental matters. The
Commission has a chairman, a secretary and a joint secretary. At present, the
Chairman of the NCEA is Minister for Forestry. The Commission has nineteen members,
each of which are heads of department from various ministries.
The Commission was established with the following objectives:
(i) To develop sound environmental policies in order to safeguard the environment
and prevent its degradation;
(ii) To set environmental standards, rules and regulations for pollution control;
(iii) To formulate environmental plans, programmes and strategies;
(iv) To promote environmental awareness and public participation in environmental
activities
In accordance with its objectives, the NCEA formulated the National
Environmental Policy of Myanmar which was proclaimed through the Gazette on 5
December 1994. A plan of action for sustainable development on the Global Agenda 21
was prepared by the NCEA in cooperation with the ministries concerned, UNEP and
ESCAP in 1995 and was published in 1997. This plan of action entitled “Myanmar
Agenda 21” aims at strengthening and promoting systematic environmental
management in the country.

Moreover, the State Peace and Development Council formed the Natural
Environment Conservation Committee in 2004. That Committee is a high level
 3

comprised 12 members and chaired by the Minister for Forestry. The minister for mines
is as a vice-chairman and the deputy ministers of agriculture and irrigation, information,
hotels and tourism, transport, progress of border areas and national races and
development affairs, electric power and home affairs are as the Committee members.
The functions and duties of the Committee include to implement greening of natural
environment and protection of its derogation; protect water resources from erosion for
natural or man-made causes for the prevention of surface soil erosion; implement works
for prevention deforestation and catchments areas conservation; implement measures
to prevent land clearing and setting bush fire for shifting cultivation which causes
adverse impacts to environment; implement measures for obtaining the appropriate
volume of water flow into dams and reservoirs and to prevent desalinization; and to
implement other necessary measures for protection of natural environment.

3. Environmental Laws in Myanmar

There are over 60 Myanmar sectoral laws and rules having environmental
provisions. Although those sectoral laws of nineteenth and early twentieth century were
enacted initially for other certain objectives, environmental provisions were found there.
Moreover some of those old laws such as the Forest Act and Fresh Water Fisheries Act
stood as the important laws in protection of environment and conservation of natural
resources.

Commencing from the adoption of the Public Health Law in 1972, the
environmental aspects have been taken into account in adopting the Myanmar laws.
Especially, 29 sectoral laws with environmental provisions were enacted since 1988 to
date. Among those laws, the Forest Law, 1992, the Protection of Wildlife and Wild plant
and conservation of Natural Areas Law, 1994, Fisheries Laws, and Protection and
conservation of Cultural Heritage Zones Law, 1998 reflect the Myanmar participation to
the international environmental conventions and agreements.

3.1. Areas covered by Myanmar sectoral environmental Laws

Myanmar sectoral environmental laws cover various areas including:

3.1.1 Prevention of air and water pollution;

3.1.2 Protection of ozone layer depletion;
3.1.3 Conservation, management and sustainable development of soils and
forests;
3.1.4 Combating desertification;
3.1.5 Conservation of biodiversity
3.1.6 Protection and conservation of cultural heritage;
3.1.7 Prevention of marine pollution and conservation of marine environment
and
3.1.8 Conservation of ground water.
 4

3.1.1 Prevention of air and water pollution

Air Pollution
Section 278 of the penal code, 1860 provides to punish any person who
voluntarily vitiates the atmosphere in any place, so as to make noxious to the health of
persons in general dwelling or carrying on business in the neighbourhood or passing
along a public way.
Likewise, section 235(32)(a) of the City of Yangon Municipal Act, 1922
empowered the Government to make rules, inter alia, for restriction and regulation of
emission of smoke, vapour, fumes, poisonous gases; and the use of whistle, trumpet
and mechanically-powered sound devices. Moreover, it is provided in the City of
Mandalay Development Law, 2002; and the Development Committees Law, 1993 that
respective committees have functions and powers to manage waste disposal including
those of debris and bad-odoured things.
The Petroleum Act, 1937; the Factories Act, 1951; the Oilfields (Workers and
Welfare) Act, 1951 also have provisions to regulate refining, storage and transport of oil;
to make precautionary measures relating to the dangerous gases and fumes or gases
which may cause explosion in oilfields and factories.
Under section 11 of the Private Industries Law, 1990, it is provided to consider, in
allowing registration of the respective industries, the need to refrain from affecting
environment and causing pollution due to operation of those industries.
Motor Vehicle Law, 1964 is an important law in the field of prevention against air
pollution. The central registration body may, in accord with the Rule 47 made
thereunder, refuse or suspend the registration of any vehicle which emits excessive
volume of gases into the air. Such Rule 46 also requires to maintain the vehicles not to
make noises which may cause noise pollution.
The Union of Myanmar Public Health Law, 1972, expresses, under its section 3,
that the Government shall advise, inspect, amend or prohibit etc. to prevent air pollution
to the human settlements affected by gas, bad-odour, fumes, noise or rays.
The Forest Law, 1992 provides under section 40, not to kindle, carry or leave fire
residues in protected forest so as to prevent forest fires.
Section 23 of the Protection and Preservation of Cultural Heritage Regions Law,
1998 prohibits any activities which may affect the cultural heritage in the notified zone of
cultural heritage area.

Water Pollution
Section 277 of the Penal Code provides to punish any person who voluntarily
corrupt or foul the water of any public spring or reservoir, so as to render it less fit for
the purpose for which it is originally used.
The Territorial Sea and Maritime Zones Law, 1977 has provisions, inter alia, that
the State has the exclusive power to prevent water pollution in territorial sea and
exclusive economic zone of Myanmar water.
 5

The Emergency Provision Act, 1951 provides that poisoning or doing any act
which may cause poisonous to the drinking water is actionable.

Polluting water in Yangon municipal area is an offence under the provisions of

section 37 of Yangon Water-works Act, 1884. The City of Yangon Municipal Act, 1992
also provides under its section 118, that it is actionable if any person commit any act of
polluting or changing quality of water provided by Yangon municipal water-works,
destroying or allowing cattle to trespass any land near the water areas; throwing other
objects into such water, bathing or washing at those areas.

The Ports Act, 1908 and the Yangon Port Act, 1905 have provisions for
management of the disposal of oil or oil and mixtures into port water; for regulating the
refueling of vessels; and for prohibition of the disposal of debris or oil at the nearby land
area.

Under section 75 of the canal Act, 1905 corrupting or fouling of canal water so as
to render it less fit for the purpose for which it is originally used, is the offence.

The Pesticide Law, 1990 prohibits fishing by pesticides under its section 35.

There are wide provisions to prevent water pollution in fisheries water in the
Aquaculture Law, 1989; the Fresh Water Fisheries Law, 1991; the Myanma Marine
Fisheries Law, 1990 and the Myanma Pearl Law, 1995. Moreover, section 3 of the
Union of Myanmar Public Health Law, 1972 provides the Government’s functions, inter
alia, to set water quality standards of the public drinking water in accord with
international standards and to protect them.

It is an offence under section 40(d)of the Forest law, 1992, if someone commits
poisoning the water or fishing by chemicals or explosives in the protected forest.

The Water Power Act, 1927, prohibits using or polluting public water for
extraction of electric power or mining without licence.

The Hotels and Tourism Law, 1993, also have provisions not to affect the
beauties of natural environment because of the hotels and tourism activities.

3.1.2 Protection of ozone layer depletion

As mentioned above, provisions of Penal Code, The Forest Law, the Protection
and preservation of Cultural Heritage Regions Law, Municipal Laws, the petroleum Act,
the Factories Act, the Oilfield (Workers and Welfare) Act and the Private Industries Law
regulate the emissions of greenhouse gases from human settlements, industries,
forests fires and vehicles.

Moreover, being a party to the Vienna Convention on the Protection of Ozone

Layer, 1985, Montreal Protocol on Substances that Deplete the Ozone Layer 1987,
Myanmar controls the use or import of any form of ozone layer depleting substances in
Myanmar.
 6

3.1.3 Conservation, Management and Sustainable Development of Soils and Forests

The Forest Law, 1992, widely provides the managements, conservation,

protection, extraction and afforestation of the forests.

The Oilfields Act, 1919, provides that the wardens of oilfields have
responsibilities to supervise exploration of oil and natural gas not to cause pollution to
the oilfield areas due to activities of oil industries.

Section 7 of the Pesticide Law, 1990, provides to prohibit the use of or, if
necessary, to revoke the registration or licence for the sale or use of any pesticide if it is
found out from the information, local or abroad, that it endangers human, animal, crop
and environment.

To protect the local soil from alien pests, the Plant Pest Quarantine Law, 1993,
prohibits import of soil in Myanmar without certificate of the relevant authority. It also
provides not to knowingly move the soil which is notified as infected with controlled pest
from place to place within Myanmar.

The Myanma Mines Law, 1994, and the Myanma Gemstone Law, 1995, require
not to damage the environment because of the mining industries.

3.1.4 Combating Desertification

Shifting cultivation and over-exploitation of forest products are main causes

desertification in Myanmar. The Forest Law, 1992, provides measures for systematic
extraction of forest products, protection and conservation of forest, establishment of
community forest and protected forest so as to prevent derogation and depletion of
forest lands. Section 40 of that Law specifically prohibits land clearing and ground
digging in the protected forests.

The Myanma Mines Law, 1994; the Myanma Gemstone Law, 1995 and the Land
acquisition of (Mines) Act, 1885 also provisions for land derogation or erosion due to
mining activities.

Myanmar enacted new Forest Law in 1992 so as to reflect its participation to the
United nations Convention to Combat Desertification in those Countries Experiencing
Serious Drought and / or Desertification, particularly in Africa, 1994; and International
Tropical Timber Agreement, 1994.

3.1.5 Conservation of Biological Diversity

The main Myanmar Law for conservation of biological diversity is the Protection
of Wildlife and Wild Plant and Conservation of Natural Areas Law, 1994. It reflects
Myanmar participation to the Convention on Trade in Endangered Species of Wild Flora
and Fauna, 1973. A particular Committee for Protection of of Wildlife and Wild Plant and
Conservation of Natural Areas was established under such Law.
 7

Moreover, the Forest Law, 1992, has some provisions for conservation of
biological diversity. It provides to punish illegal hunting and fishing in the protected
forests and illegal trading of wildlife and their parts.

3.1.6 Protection and Conservation of Cultural Heritages

In 1998, Myanmar enacted the Protection and Preservation of Cultural Heritage

Regions Law to protect and conserve its cultural heritages of various kinds such as
ancient cities and ancient pagodas of 6th century and 11th century; ancient sites with
primate fossils; and stone-aged caves and so on. Their existence was being threatened
by expansion of human settlement, industrialization and extension of tourism industries.
Apart from human activities, those cultural heritages are also being threatened by
natural disasters such as earthquakes, floods, storms and climate change. Those man-
made and natural factors necessitated the need for the enactment of the law. The Law
bans any construction or extension of buildings, excavation of ancient objects,
exploration of oil, natural gas, gemstones or minerals; digging of well, ponds or fishery
ponds; destroying of the ancient building, construction or road, bridge, dam or reservoir
and so on within the ancient zone without permission in accord with the Law. Export of
ancient objects is also prohibited.

3.1.7 Prevention of marine Pollution and Conservation of Marine Environment

Myanmar has over 2,000 kilometres of coastal area facing Bay of Bengal and
Andaman Sea. Myanmar coastal area is rich in living and non-living natural resources.
To safeguard those resources and to implement Myanmar participation to the United
Nations Convention on Law of the Sea, Myanmar enacted the territorial Sea and
Maritime Zone Law, 1977; the Fishing Rights of Foreign Fishing Vessels Law, 1989; the
Aquaculture Law, 1989, and the Myanmar Marine Fisheries Law, 1990.

Under the provisions of those laws, marine fisheries are controlled by the
Department of Fisheries by licensing. Fishing of restricted species of fishes, fishing by
explosives, poisons, chemicals or other things alike are prohibited. Disposing of any
object or living thing into fishery water so as to disturb marine lives or to pollute fishery
waters is also prohibited. Collecting of marine products without licence is also banned.
The State has the exclusive power for exploitation, management, conservation of living
and non-living natural resources, and pollution control at the continental shelf and
exclusive economic zones of Myanmar.

3.1.8 Conservation of underground water

The Underground Water act, 1930, provides not to inset any pipe into
underground without licence or not in accord with licence conditions for obtaining
groundwater. The City of Yangon Development Law, 1990; the City of Mandalay
Development Law, 2002 and the Development Committees Law, 1993 also have similar
provisions for the conservation of underground water.
3.2. Compliance and enforcement mechanism

Myanmar specifically empowers government ministries, departments or

institutions for administering the respect environmental laws. Some of the government
 8

institutions which administer some of important environmental laws are mentioned as

follow:

Environmental Law Administering Institution

1. The Forest Law, 1992 Ministry of Forestry
2. The Protection of Wildlife and Wild Plant and Ministry of Forestry
Protection of Natural Areas Law, 1994
3. The City of Yangon Development Law, 1990 Yangon City Development
Committee
4. The City of Mandalay Development Law, 2002 Mandalay City Development
Committee
5. The Development Committees Law, 1992 Ministry for Progress of
Border Areas and National Races
and Development Affairs
6. The Oil Fields Act, 1919 Ministry of Energy
7. The Factories Act, 1951 Ministry Labour
8. The Ports Act, 1908 Ministry of Transport
9. The Motor Vehicles Law, 1964 Ministry of Rail Transportation
10. The Pesticide Law, 1990 Ministry of Agriculture and Irrigation
11. The Plant Pest Quarantine Law, 1993 Ministry of Agriculture and Irrigation
12. The Acquaculture Law, 1989 Ministry of Livestock and Fisheries
13. The Freshwater Fisheries Law, 1991 Ministry of Livestock and Fisheries
14. The Myanma Marine Fisheries Law, 1990 Ministry of Livestock and Fisheries
15. The Myanma Mines Law, 1994 Ministry of Mines
16. Protection and Conservation of Ministry Culture
Cultural Heritage Areas Law, 1998

The ministries concerned issue rules, bye-laws, regulations and instructions as

necessary for implementing of the environmental law concerned. They delegate their
functions and duties, as well as powers, to their local branch offices. Ministries, the
Yangon City and Mandalay City Development Committees have their inspectors and
been performing routine, surprised and special inspections. Moreover, private
companies and enterprises have their own arrangements for environmental compliance.
Some of them establish management committees for respective industrial zones or
estates and implement protection and conservation of environment coordinately and
cooperatively.

In case of breach of environmental laws, the accused are prosecuted by police or

departments concerned. Most of the environmental crimes are cognizable in Myanmar,
so police has powers to investigate the case, arrest the accused, search the buildings or
places, seize the exhibits, and send up the case to the courts in accord with law.
Customs Department also has authority to search, seize and report the case with the
police stations. Customs Department may dispose the seized exhibits administratively in
accord with the Sea Customs Acts, 1878, and the Land Customs Act, 1924. Foresters
are also empowered to take administrative action on some forest cases.

Law officers of the Office of the Attorney General and various levels of law offices
conduct the prosecution for State. Habitual offenders and accused with previous
conviction are liable to stricter imprisonment terms.
 9

Most of Myanmar environmental laws have provisions for imprisonment, fine or

both for the environmental offences. Moreover, exhibits are liable to be confiscated
under those laws.

3.3 Compliance Programmes

The administering ministries or departments hold quarterly, semi-annual and

annual meetings regularly, consult with provincial and local officials, and lay down plans
and programmes for implementation of their environmental duties. Sometimes,
coordination meeting are also held with the coordination of the Natural Environment
Conservation Committee and NCEA. State level programmes are drawn with the
approval of the Government. However, regional or local programmes are drawn with the
approval of departmental concerned. The companies and private enterprises are
required to prepare their own compliance programmes subject to the prior approval of
the department concerned. The various level of Peace and Development Councils are
also empowered to supervise, scrutinize and coordinate the activities of department
concerned in implementing their environmental duties.

Enterprises and industries which abide by the environmental compliance

regulations may have tax relief or tax exemption as followed by the Myanmar
Investment Commission in accord with the provisions of the Union of Myanmar Foreign
Investment Law and the Myanmar Citizens Investment Law.

Goods items which may adversely affect the environment such as dioxin are
banned for import into Myanmar. Export of wildlife and/or their parts, ancient artifacts
and objects are also banned.

Myanmar adopted environmental policy in 1994 to follow sustainable

development strategy, Myanmar Agenda 21 I 1997 to set goal and plans for
environmental protection and development of Myanmar in 21st century and has been
systematically implementing them. The National Environmental Protection Law has also
been drafted.

4. Conclusion

Myanmar has much potential of natural environmental those are still unspoiled.
Myanmar peoples love and care for their natural environment since the time immemorial.
They protect their natural environment not only for legislation, but also for their love and
affection on their natural environment. In addition, growing trees for shade, growing
perennial trees for future generations, watering trees in hot season are some acts of
Myanmar custom. Nowadays, Myanmar has considered environmental aspect in
drafting its laws and plans.

Under the guidance of various levels of Peace and Development Councils, under
the coordination of the Natural Environment Conservation Committee and NCEA and
with the cooperation of the peoples, corporations and stakeholders, line ministries and
departments are successfully implementing the environmental laws concerned and
contributing towards the sustainable development.