Overview of Environmental Impact Assessment (EIA) Procedure SEA and Sustainable Development Goals in Myanmar

Size: px

Start display at page:

Download "Overview of Environmental Impact Assessment (EIA) Procedure SEA and Sustainable Development Goals in Myanmar"

Roland Bishop
6 years ago
Views:

1 Overview of Environmental Impact Assessment (EIA) Procedure SEA and Sustainable Development Goals in Myanmar Sein Aung Min Assistant Director, ECD 6 th October 2016

2 Constitution(2008) Government s Policy Guidance Policy and Legislation Environmental Institutions Environmental Challenges EIA Procedure Gaps Recommendation

3 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 3

4 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

5 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 5

6 National Environmental Policy was adopted in 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.

7 Environmental Conservation Law ECL Article 7 (m) causing 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,

8 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) Ministry of Natural Resources and Environmental Conservation Mining Dept. Forest Dept. Environmental Conservation Dept. Myanma Timber Ent. Dry Zone Greening Dept Survey Dept.

9 Environmental Institution(Cont;) NECCCCC WC on Policy, Law, Rules. Procedures, Standards WC on Industry, Urban and Rural Development WC on Natural Resources and Cultural Heritage conservation WC on Climate Change Mitigation and Adaptation WC on Environmental Human Resource Development, Education and Extension WC on Green Economy and Green Growth Regions/ States Environm ental Supervisio n Working Committe e

10 Integrated approach Environment Economy Environment Health Health Economy Social Social

11 Challenges Heavy Increasing Industr Investmen ial, t in Special industry econo based mic economy zone Highly rely on Natural resourc Environmental Challenges Infrastr ucture Develop ment Environmental Changes Pollution Water Air Land Resources Degradation Biodiversity Forest Minerals Sustainable economic Development?

Interests protect Natural Environ ment To

12 Enabling conditions Mainstreaming: Political willingness Public awareness Mainstreaming Tools : SEA, EIA & SIA MIC guidelines To protect our National To s Interests protect Natural Environ ment To safeguar d our Nation s Dignity To protect National Sovereig nty

13 SCREENING NO SIGNIFICANT IMPACT INITIAL ENVIRONMENTAL EXAMINATION ENVIRONMENTAL IMPACT ASSESSMENT OTHER PERMITTING PROCESSES Investigations & Reporting Review & Approval Process Scoping Investigations & Reporting Review & Approval Process Environmental Compliance Certificate (ECC) ECC Reject Appeal Process

2 Screening Investment License Process No IEE/EIA Required 15 Days 1.

14 Screening Project Proposals for IEE or EIA Project Proponent 1.1 Prepare Project Proposal submit The Ministry 1.2 Screening Investment License Process No IEE/EIA Required 15 Days 1.3 Decide EIA, IEE or none IEE Type Project Cha rt2. 0 Cha rt2. 1 IEE Preparation and Review IEE Approval EIA Type Project Cha rt3. 0 Cha rt3. 1 Cha rt3. 2 Scoping EIA Preparation and Review EIA Approval

15 IEE Preparation and Review Project Proponent Char t 2.0 The Ministry 2.1 Select IEE Experts submit 2.2 Check registration of IEE Experts 2.4 Conduct IEE Investigations Disclose information about the Project Undertake environmental and social assessment studies and investigations Conduct consultations with PAPs, LCs, LAs, CS, CBOs Public disclosure of IEE Report 2.5 Prepare/Revise IEE Report IEE Experts not registered IEE Experts Registered submit Go to Chart 2.1 Action 2.7 IEE Report not satisfactory 2.3 Decision on IEE Experts 2.6 Review IEE Report Disclose IEE Report on website 2.7 IEE Report Approval 7 Days Call for comments from government, PAPs, CS and other stakeholders Arrange Public Consultations at local level Collect and review all comments Continues 60 Days

Conditions and IEE Report including EMP Inform EIA is required EIA

16 IEE Approval Char t 2.1 Project Proponent The Ministry Go to Chart 3.0 Action 3.1 EIA Process Investment License Process Investment license obtained Project implementation in compliance with ECC, ECC Conditions and IEE Report including EMP Inform EIA is required EIA Required Public Disclosure 2.7 IEE Report Approval IEE Report Approved 2.8 Issue ECC with conditions Public Disclosure of ECC

17 Scoping Project Proponent 3.1 Select EIA Experts submit Char t 3.0 EIA Experts not registered EIA Experts Registered The Ministry 3.2 Check registration of EIA Experts 3.3 Decision on EIA Experts 7 Days 3.4 Conduct Scoping Disclose information about the Project Undertake scoping studies Conduct consultations with the Ministry, PAPs, LAs, CBOs, CS 3.5 Prepare/revise Scoping Report and Terms of References (TOR) for the EIA investigations submit Scoping Report/TOR not satisfactory Go to Chart 3.1 Action Review Scoping Report and TOR Continues 3.7 Approval Approved 15 Days

18 EIA Preparation and Review Char t 3.1 Project Proponent The Ministry 3.8 Conduct EIA Investigations Disclose information about the Project Undertake environmental and social assessment studies and investigations Conduct consultations at national, state and local level with PAPs, authorities, CS, CBOs, the Ministry, sector ministries, regional government organizations 3.9 Prepare/Revise EIA Report submit 3.10 Review EIA Report Submit EIA Report to EIA Report Review Body EIA Report Review Body prepares comments Disclose EIA Report on website Call for comments from government, PAPs, CS and other stakeholders Arrange Public Consultations at local level Collect and review all comments Public disclosure of EIA Report Go to Chart 3.2 Action 3.11 EIA Report not satisfactory Continues Approved 3.11 EIA Report Approval Rejected 90 Days

EIA Approval Char t 3.2 Project Proponent The Ministry No 3.11.2 File Appeal EIA Report Rejected 3.

13 Investment License Process Investment license obtained 3.11.

19 EIA Approval Char t 3.2 Project Proponent The Ministry No File Appeal EIA Report Rejected 3.11 EIA Report Approval Termination Yes Go to Chart 3.3 Action 3.13 Investment License Process Investment license obtained Public Disclosure of rejection Inform EIA Report Approved 3.12 Issue ECC with conditions Public Disclosure of ECC Project implementation in compliance with ECC, ECC Conditions and EIA Report including EMP Go to Chart 4.0 Action 4.0 Yes No File Appeal

Appeal Char t 4.0 Appellant 4.0 File Appeal The Ministry 4.

Require revised EIA Report Go to Chart 3.1 Action 3.

Committee 4.5 Final Decision on EIA Report Approval 4.5.1 Public Disclosure of result of appeal 4.

3.3 Require the Ministry s Decision to be revised 4.

20 Appeal Char t 4.0 Appellant 4.0 File Appeal The Ministry 4.1 Forward Appeal Environmental Conservation Committee Require revised EIA Report Go to Chart 3.1 Action 3.9 Revert Decision on EIA Approval/Rejection Go to Chart 3.2 Action Receive instructions from the Environmental Conservation Committee 4.5 Final Decision on EIA Report Approval Public Disclosure of result of appeal Uphold the Ministry s Decision Require revised EIA Require the Ministry s Decision to be revised 4.2 Review Appeal 4.3 Decision on Appeal Inform: Appellant, Project Proponent The Ministry

21 Time frame (IEE/EIA and MIC permission process) EIA Process (According to EIA procedure) Duration MIC Permission Duration Screening Proposal (IEE/EIA/NON) 15 days Screening Proposal 15 days IEE Process IEE Report approval 60 days EIA Process EIA expert approval (Third party or not) 7 days Scoping report & TOR approval 15 days EIA report approval 90 days MIC Permission 90 days

22 Hydropower Project No. Categories of investment project IEE EIA 1 Hydropower Plants Installed capacity > 1 MW But <15 MW > 15 MW 2 Hydropower Plants Reservoir volume (full supply level) < 20,000,000 m3 Reservoir volume (full supply level) > 20,000,000 m3 3 Hydropower Plants Reservoir area (full supply level) < 400 ha > 400 ha

23 Gaps Lack of SEA and Sectoral guideline 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

24 Recommendation Development activities promote the national economy. Adverse impacts on the environment and society. Integrate environmental consideration into the development activities. Balance between environment and development. Leapfrogging concept.

25 Thank you for your attention 25

Sustainability Roadmap for Myanmar (Environment Perspective) Dr. San Oo Director Environmental Conservation Department 20 January 2015

Sustainability Roadmap for Myanmar (Environment Perspective) Dr. San Oo Director Environmental Conservation Department 20 January 2015 1 Ministry of Environmental Conservation and Forestry (MOECAF) Environmental