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

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

2 Ministry of Environmental Conservation and Forestry (MOECAF) Environmental Conservation Committee at National Level Ministry of Environmental Conservation and Forestry Environmental Conservation Department ( ) Administration ( ) Policy, Planning, Int. Relation, Res. and Ext. ( ) Pollution Control (12+9) Natural Resources & EIA (12+9) State & Region (14) ( )

3 Sustainable Development: Economic, Social and Environment Economic Social Sustainable Development Environment

4 Constitution 2008 Sec. 45 The Union shall protect and conserve natural environment Sec. 390 (b) Every citizen has the duty to assist the Union carrying out the environmental conservation 4

5 National Environment Policy (1994) To achieve harmony and balance between socioeconomic, natural resources and environment through the integration of environmental considerations into the development process enhancing the quality of the life of all its citizens Environmental protection should always be the primary objective in seeking development

6 Initiating to set EIA systems in Myanmar Legal Framework - Environmental Conservation Law, Environmental Conservation Rules, EIA Procedures (final draft) - In connection with Investment Law and Rules which is main entrance of proposal for Large scale project or business or activity 6

7 Environmental Conservation Law, 2012 Objectives Section 3 (c) to enable to emerge a healthy and clean environment and to enable to conserve natural and cultural heritage for the benefit of present and future generations; (d) to reclaim ecosystems as may be possible which are starting to degenerate and disappear; (e) to enable to manage and implement for decrease and loss of natural resources and for enabling the sustainable use beneficially; 7

8 Environmental Conservation Law (Continued) The following provisions of Duties and Powers relating to the Env. Cons. of the Ministry are stipulated in EC Law Section 7 (a) To specify categories and classes of hazardous wastes generated from the production and use of chemicals or other hazardous substances in carrying out industry, agriculture, mineral production, sanitation and other activities; (b) To prescribe categories of hazardous substances that may affect significantly at present or in the long run on the environment; (c) To promote and carry out the establishment of necessary factories and stations for the treatment of solid wastes, effluents and emissions which contain toxic and hazardous substances; 8

9 Environmental Conservation Law (Continued) (j) To prescribe the terms and conditions relating to effluent treatment in industrial estates and other necessary places and buildings and emissions of machines, vehicles and mechanisms; (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; (o) To manage to cause the polluter to compensate for environmental impact, cause to contribute fund by the organizations which obtain benefit from the natural environmental service system, cause to contribute a part of the benefit from the businesses which explore, trade and use the natural resources in environmental conservation works; 9

10 Monitoring Section 13. Environmental Conservation Law (Continued) The Ministry shall, under the guidance of the Committee, maintain a comprehensive monitoring system and implement by itself or in co-ordination with relevant Government departments and organizations in the following matters: (a) the use of agro-chemicals which cause to impact on the environment significantly; (b) transport, storage, use, treatment and disposal of pollutants and hazardous substances in industries; (c) disposal of wastes which come out from exploration, production and treatment of minerals, industrial mineral raw materials and gems; (d) carrying out waste disposal and sanitation works; (e) carrying out development and constructions; (f) carrying out other necessary matters relating to environmental pollution. 10

11 Environmental Conservation Law (Continued) Responsibilities of project proponent/ business owner for reducing environmental impact Section 14. A person causing a point source of pollution shall treat, emit, discharge and deposit the substances which cause pollution in the environment in accord with stipulated environmental quality standards. Section 15. The owner or occupier of any business, material or place which causes a point source of pollution shall install or use an on-site facility or controlling equipment in order to monitor, control, manage, reduce or eliminate environmental pollution. If it is impracticable, it shall be arranged to dispose the wastes in accord with environmentally sound methods. 11

12 Environmental Conservation Law (Continued) Responsibilities of project proponent/ business owner for reducing environmental impact Section 16. A person or organization operating business in the industrial estate or business in the SEZ or category of business stipulated by the Ministry: (a) is responsible to carry out by contributing the stipulated cash or kind in the relevant combined scheme for the environmental conservation including the management and treatment of waste; (b) shall contribute the stipulated users charges or management fees for the environmental conservation according to the relevant industrial estate, SEZ and business organization; (c) shall comply with the directives issued for environmental conservation according to the relevant industrial estate, SEZ or business. 12

13 IEE / EIA Process Screening IEE or EIA or No EIA/IEE IEE Process IEE preparation and Review IEE Approval EIA Process Scoping for EIA EIA preparation and Review EIA Approval Appeal

3 Decide EIA, IEE or none IEE Type Project EIA Type

14 Screening 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 EIA Type Project Char t3.0 Scoping Char t2.0 IEE Preparation and Review Char t3.1 EIA Preparation and Review Char t2.1 IEE Approval Char t3.2 EIA Approval

IEE Preparation and Review Project Proponent Chart 2.0 The Ministry 2.

4 Conduct IEE Investigations IEE Experts not registered IEE Experts Registered 2.

6 Review IEE Report 7 Days Disclose information about the Project Undertake environmental and

2.5.1 Public disclosure of IEE Report 2.

15 IEE Preparation and Review Project Proponent Chart 2.0 The Ministry 2.1 Select IEE Experts submit 2.2 Check registration of IEE Experts 2.4 Conduct IEE Investigations IEE Experts not registered IEE Experts Registered 2.3 Decision on IEE Experts 2.6 Review IEE Report 7 Days 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 submit IEE Report not satisfactory Disclose IEE Report on website Call for comments from government, PAPs, CS and other stakeholders Arrange Public Consultations at local level Collect and review all comments 2.7 IEE Report Approval 60 Days Go to Chart 2.1 Action 2.7 Continues

16 IEE Approval Chart 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

Scoping Project Proponent Chart 3.0 The Ministry 3.1 Select EIA Experts submit 3.2 Check registration of EIA Experts EIA Experts not registered EIA Experts Registered 3.

17 Scoping Project Proponent Chart 3.0 The Ministry 3.1 Select EIA Experts submit 3.2 Check registration of EIA Experts EIA Experts not registered EIA Experts Registered 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 3.6 Review Scoping Report and TOR 3.5 Prepare/revise Scoping Report and Terms of References (TOR) for the EIA investigations submit Scoping Report/TOR not satisfactory 3.7 Approval 15 Days Go to Chart 3.1 Action 3.8 Continues Approved

18 Content of Scoping Report Executive Summary Context of the Project Overview of the Policy, Legal and Institutional Framework Project Description and Alternatives Description of the Environment together with maps in proper scale indicating all relevant features Key Potential Environmental Impacts and Mitigation Measures Public Consultation and Disclosure Conclusions and Recommendations 18

EIA Preparation and Review Chart 3.1 Project Proponent The Ministry 3.

Conduct consultations at national, state and local level with PAPs, authorities, CS, CBOs, the Ministry, sector ministries, regional

19 EIA Preparation and Review Chart 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

20 Content of EIA Report: Executive Summary Introduction Policy, Legal and Institutional Framework Project Description and Alternative Selection Description of the Surrounding Environment Impact and Risk Assessment and Mitigation Measures Cumulative Impact Assessment Environmental Management Plan Public Consultation and Disclosure 20

21 EIA Approval Chart 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

22 The conditions of an ECC. Such conditions may encompass any or all of: General management: (i) procedures and management systems to identify, control, prevent or minimize all Adverse Impacts, (ii) procedures to ensure compliance with all environmental commitments, (iii) procedures to implement the measures described in the EMP, Construction Phase EMP, and/or Operational Phase EMP, as the case may be, (iv) procedures to improve the environmental performance of the Project, (v) organization with qualified environmental personnel, v) Documentation and reporting procedures; Emissions: (i) Emissions not allowed, (ii) Emission Limit Values in terms of types, substances, loads, concentrations, rates, timing, duration, frequency, seasons, Project phase, (iii) Emission points, (iv) form and media, (v) recipients, (vi) contribution to Environmental Quality Standards, (vii) statistical methods for determining compliance; Use of energy and natural resources: amounts, type, origin of resource, rates, effectiveness of use, waste generation; Pollution Prevention: Effectiveness of production or construction methods or waste storage and treatment facilities to (i) prevent or, where this is not practicable, to minimize pollution, and to (ii) prevent or minimize the risk of pollution; Nature conservation and management: (i) sites, environments or species, (ii) effectiveness of environmental measures to prevent or minimize Adverse Impacts on certain environments or species; Hazardous or toxic materials including waste: (i) limits to the types, categories, and amounts, (ii) methods and systems of collection, storage, handling, transport, treatment and disposal; 22

23 Waste management: (i) limits to the types, categories, and amounts of waste (liquid, solid, atmospheric) generated, (ii) methods and systems of collection, storage, handling, transport, treatment and disposal, iii) recycling or reuse of wastes; Transport and access: (i) access points, (ii) means of transport of materials and people to and from the Project, (iii) transport routes for products, materials or waste, (iv) access control measures; Decommissioning, rehabilitation, clean-up and closure: (i) sites, areas / environments and facilities, (ii) objectives and standards, (iii) site conditions and after use, (iv) timing, (v) controls and monitoring; Control measures: (i) prevention of accidents, (ii) measures and procedures in case of accidents, incidents, and operational Irregularities, (iii) control and maintenance of pollution prevention / minimization measures, (iv) safety zones; Monitoring: i) parameters, ii) methods, iii) sampling and analyses, iv) point of monitoring, v) frequency, vi) timing, vii) data management, viii) maintenance and control of monitoring equipment, ix) documentation and reporting; Documentation and reporting: (i) parameters and issues that must be documented and reported, (ii) types and methods, (iii) frequency and timing, (iv) quality controls, (v) recipients; Financial guarantee: (i) type of guarantee, (ii) amount, (iii) timing, (iv) application, (v) type and financial capacity of guarantor; Funding of inspection by the Ministry: (i) amounts, (ii) payment procedure, (iii) timing and frequency. 23

Appeal Chart 4.0 Appellant 4.0 File Appeal The Ministry 4.

EIA Approval/Rejection 4.4 Receive instructions from the Environmental Conservation Committee 4.

3.3 Require the Ministry s Decision to be revised 4.2 Review Appeal 4.

24 Appeal Chart 4.0 Appellant 4.0 File Appeal The Ministry 4.1 Forward Appeal Environmental Conservation Committee Require revised EIA Report Revert Decision on EIA Approval/Rejection 4.4 Receive instructions from the Environmental Conservation Committee 4.5 Final Decision on EIA Report Approval 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 Go to Chart 3.1 Action 3.9 Go to Chart 3.2 Action Public Disclosure of result of appeal Inform: Appellant, Project Proponent The Ministry

25 Policy guidelines : Guidelines of Investment by MIC To protect our Nationals Interests To protect Natural Environme nt To safeguard our Nation s Dignity To protect National Sovereignty

26 Foreign Investment Rules: 34. In submitting the proposal for the capital intensive investment projects designated by the Commission and designated businesses which need to assess the environmental impact by the Ministry of Environmental Conservation and Forestry, the environmental impact assessment and social impact assessment reports shall be attached together with the investment proposal. 26

27 Time frame (EIA Process and MIC permission process) EIA Process Duration MIC Permission duration Screening Procposal (IEE/EIA/NON) 15 days Screening Proposal 15 days MIC Permission 90 days IEE Process IEE expert approval (Third party or not) 7 days Preparing IEE Report? IEE Report approval 60 days EIA Process EIA expert approval (Third party or not) 7 days Developing Scoping Report and TOR? Scoping report & TOR approval 15 days Investigation & Developing EIA Report? EIA report approval 90 days 27

28 Constraints - To set time frame of EIA/IEE process harmonizing with the MIC permission process - To clarify that the Project Proposals shall have to be submitted which to MIC or to MOECAF at first - According to the FI Rule 34, the EIA and SIA reports shall be attached together with the investment proposal In this context, all Projects which requiring to conduct IEE or EIA stipulated in notification 1/2013 and 50/2014 by MIC need to obtain an Environmental Compliance Certificate issued by the MOECAF before proceeding to MIC, any ministry, or any other competent authority for permit to implement the projects 28

29 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 29

30 Towards Strategic Environmental Assessment (SEA) EIA systems - initiated in first stage Environmental Protection measures - mainstreaming in National Development Planning international cooperation is promoted EIA only covers to each development project which the measures to be taken for avoiding, preventing, mitigating, monitoring and compensating all Adverse Impacts resulting from the design, construction, implementation, operation, maintenance, decommissioning, closure and post closure or other aspects of the proposed Project or business or activity. 30

31 Towards Strategic Environmental Assessment (SEA)(Continued) to ensure Sustainable Development in Myanmar, SEA needed to develop in the primary stage of decision-making process for national development planning, to develop environmentally sector wide / region wide / nation wide Therefore, we intend to improve EIA system and also set SEA in cooperation/ collaboration with national, regional and international organizations. 31

32 Thank you For your attention 32

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