eia · 2018-04-24 · review by report review body 60 days for review 90 days for review the legal...

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Ministry of Natural Resources and Environmental Conservation Environmental Impact Assessment (EIA) is a process aiming at harmonizing development activities with the environment . EIA involves predicting and evaluating the likely impacts of a development project on the environment and society, during the preparation, construction, operation and decommissioning stages . The EIA system is one way to fulfill Section 45 and 390 of the Constitution of Myanmar, which requires that the State is to protect and conserve natural environment, and to assist environmental conservation as well . EIA This leaflet is supported by Japan International Cooperation Agency Special Investment Projects Projects in which investment is decided by the Parliament or the government cabinet or the President Energy Sector Development Any project in relation to energy generation including power plants, transmission line, Oil and Gas production, and so on. Agriculture, Livestock and Forestry Development Any project in relation to agriculture, livestock and forestry including plantation, livestock farming, irrigation, and so on. Manufacturing Various types of projects of manufacturing including Food & Beverage, Garments / textiles / leather, wood products, chemicals, glass & ceramics, construction materials, metal / machinery / electronics, and so on. Waste management Any project in relation to waste management including solid / liquid waste management, hazardous waste facilities, and so on. Water supply Water development project Infrastructure & services Any project in relation to infrastructure and services including dam, filling / dreading, tourism development and so on. Transportation Any project in relation to transportation including railway, road, tunnel, bridge and so on. Mining Any project in relation to mining including rock / sand extraction, minerals, metals and so on. Type of project subjected to the EIA System Contact: Environmental Conservation Department (ECD), Ministry of Natural Resources and Environmental Conservation No.53 Building, Oattara Thiri Township, Nay Pyi Taw, Myanmar 15011 Tel: +95 - 67 - 431329 Web: http://www.ecd.gov.mm/ E - mail: [email protected] Contents of Project Proposal ( PP) a) the need for the Project to deal with an emergency situation; b) the interest of public health and safety; c) the interest of national security; d) the lifespan of the Project; e) protection of cultural and religious norms, and historical and religious heritage; f) protection of areas having a fragile ecosystem; g) areas affected by cyclones, strong storms, flooding, earthquake (including the Sagaing Fault) and areas vulnerable to natural disaster; h) protection of water resources (lakes, reservoirs, rivers, groundwater aquifers) that serve or may in the future serve as primary sources of public drinking water; i) recreation zones and pearl production areas; j) conservation and protection of biodiversity; k) introduction of exotic or alien species; l) adoption of new technologies; m) population density; n) national, regional and global climate change conditions; o) likely transboundary impacts; p) likely residual impacts or effects occurring some years after Project closure; and q) other factors as the Ministry may determine. The following information may be included in PP. Scoping shall satisfy the following conditions: a) to define the study area, area of influence, time boundaries, Project phases, and potential stakeholders; b) to start the process of understanding the applicable regulations and standards, and their context for Project design and completion of the EIA; c) to make a provisional identification of Environmental Impacts, focusing in particular on the environmental, social and health issues that need to be addressed in subsequent EIA studies; d) to provide an indication of the depth and breadth of the subsequent EIA investigations including what baseline data and information are required, what further studies and investigations must be carried out, and how such data collection, studies and investigations shall be undertaken; e) to provide an opportunity for consultants, relevant authorities, project developers, and interested and affected parties to express their views and concerns regarding the proposal before an EIA proceeds; f) to enable an efficient and comprehensive assessment process that saves time, resources, and costs and avoids delays; and g) to identify potentially affected communities and other stakeholders with an interest in the Project.

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Page 1: EIA · 2018-04-24 · Review by report review body 60 days for review 90 days for review The legal framework of the EIA system is established by “Environmental Impact Assessment

Ministry of Natural Resources and Environmental Conservation

Environmental Impact Assessment (EIA) is aprocess aiming at harmonizing developmentactivities with the environment. EIA involvespredicting and evaluating the likely impacts ofa development project on the environmentand society, during the preparation,construction, operation and decommissioningstages.The EIA system is one way to fulfill Section45 and 390 of the Constitution of Myanmar,which requires that the State is to protect andconserve natural environment, and to assistenvironmental conservation as well.

EIA

This leaflet is supported by

Japan International Cooperation Agency

Special Investment Projects

Projects in which investment is decided by the Parliament or the government cabinet or the President

Energy Sector Development

Any project in relation to energy generation including power plants, transmission line, Oil and Gas production, and so on.

Agriculture, Livestock and Forestry Development

Any project in relation to agriculture, livestock and forestry including plantation, livestock farming, irrigation, and so on.

Manufacturing Various types of projects of manufacturing including Food & Beverage, Garments / textiles / leather, wood products, chemicals, glass & ceramics, construction materials, metal / machinery / electronics, and so on.

Waste management

Any project in relation to waste management including solid / liquid waste management, hazardous waste facilities, and so on.

Water supply Water development project

Infrastructure & services

Any project in relation to infrastructure and services including dam, filling / dreading, tourism development and so on.

Transportation Any project in relation to transportation including railway, road, tunnel, bridge and so on.

Mining Any project in relation to mining including rock / sand extraction, minerals, metals and so on.

Type of project subjected to the EIA System

Contact:Environmental Conservation Department (ECD),Ministry of Natural Resources and Environmental ConservationNo.53 Building, Oattara Thiri Township, Nay PyiTaw, Myanmar 15011Tel: +95-67-431329Web: http://www.ecd.gov.mm/E-mail: [email protected]

Contents of Project Proposal (PP)

a) the need for the Project to deal with an emergency situation;

b) the interest of public health and safety;c) the interest of national security;d) the lifespan of the Project; e) protection of cultural and religious norms, and historical

and religious heritage;f) protection of areas having a fragile ecosystem;g) areas affected by cyclones, strong storms, flooding,

earthquake (including the Sagaing Fault) and areas vulnerable to natural disaster;

h) protection of water resources (lakes, reservoirs, rivers, groundwater aquifers) that serve or may in the future serve as primary sources of public drinking water;

i) recreation zones and pearl production areas;j) conservation and protection of biodiversity;k) introduction of exotic or alien species;l) adoption of new technologies;m) population density;n) national, regional and global climate change conditions; o) likely transboundary impacts;p) likely residual impacts or effects occurring some years

after Project closure; andq) other factors as the Ministry may determine.

The following information may be included in PP.

Scoping shall satisfy the following conditions:a) to define the study area, area of influence, time

boundaries, Project phases, and potential stakeholders;b) to start the process of understanding the applicable

regulations and standards, and their context for Project design and completion of the EIA;

c) to make a provisional identification of Environmental Impacts, focusing in particular on the environmental, social and health issues that need to be addressed in subsequent EIA studies;

d) to provide an indication of the depth and breadth of the subsequent EIA investigations including what baseline data and information are required, what further studies and investigations must be carried out, and how such data collection, studies and investigations shall be undertaken;

e) to provide an opportunity for consultants, relevant authorities, project developers, and interested and affected parties to express their views and concerns regarding the proposal before an EIA proceeds;

f) to enable an efficient and comprehensive assessment process that saves time, resources, and costs and avoids delays; and

g) to identify potentially affected communities and other stakeholders with an interest in the Project.

Page 2: EIA · 2018-04-24 · Review by report review body 60 days for review 90 days for review The legal framework of the EIA system is established by “Environmental Impact Assessment

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The legal framework of the EIA system is establishedby “Environmental Impact Assessment Procedure,Notification No.616/2015” which came into force on 29th

December, 2015.Notification No.616/2015 defines the whole process ofEIA i.e. terms, process and procedure, responsibilitiesof stakeholders, and so on.The process of EIA categorizes projects into one ofthree categories depending on the scale and impacts ofthe project.As a first step, the proponent must submit a “ProjectProposal (PP)” to ECD, which contains a description ofthe project and its likely impacts. Based on the PP,ECD undertakes “Screening” depending on thesignificance of the likely impacts caused by thedevelopment activities.Registered / Licensed Third Party only can undertakeIEE/EIA investigation and reporting.For EIA type projects, the proponent is required tosubmit “Scoping Report and Terms of Reference(TOR)” which include the proposed content and scopeof the study. “Public Consultation” must be held at thetiming.The proponent then undertakes necessary study andprepares a draft of “EIA Report” and “EnvironmentalManagement Plan (EMP)” based on the TOR.The proponent must hold “Public Consultation” again.The draft of EIA report and EMP are updated based onthe comments from the participants of the PublicConsultation.The “Report Review Body” – consisting of relevantministries and experts – reviews and assesses thereport. Based on the Committee’s recommendations,the Ministry makes a decision whether or not the projectshould be approved. If approved, ECD issues an“Environmental Compliance Certificate (ECC)” withconditions to protect the environment.For IEE type projects, following “Initial EnvironmentalExamination (IEE)” report and EMP are required to besubmitted to ECD, which reviews and assesses theproponent’s application. Public consultation is requiredas well.

Submission of PP

Classification(Screening)

Public Consultation

Study for EIA and EMP

Public Consultation

EIA and EMP Reporting

ECC

EIA Type

Study for IEE and EMP

IEE and EMP Reporting

Public Consultation

Flow Diagram of the EIA procedure

MonitoringMonitoring

Project Proponent a person/organization (incl. alegal entity) both public and private who intendto undertake a projectPP is a document that contains key aspectsand details of the project.Classification (Screening) is for categorizingproposed projects as EIA, IEE or Norequirement depending on the significance oflikely impacts and scale.TOR is a document that establishes the designof the environmental assessment i.e. describingthe purpose of the project, aspects to bestudied, mitigation measures, a monitoring plan,and so on. TOR is prepared based on thescoping report.Scoping identifies the scope of works forenvironmental assessment, mitigationmeasures, a monitoring plan, and so on. As aresult of scoping, a TOR is compiled.EIA and IEE report is completed document,which contains the results of everyenvironmental assessment; impact analysis,mitigation measures, opinions and commentsfrom relevant stakeholders, a monitoring plan,and so on.EMP is the other document prepared at sametiming of EIA/IEE, describing the feasibility ofmitigation measures and monitoring, scheduleand responsibilities of those activities. Adecommissioning plan is also included, ifnecessary.IEE is a process to conduct environmentalstudies with simple survey for IEE type projects.Public Consultation is held by proponents forEIA/IEE type projects at the timing of scopingand the draft EIA/IEE/EMP, involving relevantstakeholders; Gov. bodies, NGOs, Localcommunities, and so on.Report Review Body is a special committee toconduct review only for EIA type projects, whichconsists of personnel from relevant ministriesand experts.ECC is issued to proponents after review ofevery document submitted, and when theproject is approved.Monitoring is undertaken after issuance of ECCduring construction and operation stages.

Note: The timeframes above are for technical review by ECD, and do not include time for activities by the proponent

EIA type The project may potentially cause significant adverse impacts

IEE type The project may cause some adverse impacts

No requirement

The project likely to cause negligible impacts

Classification (Screening)

Overview of the EIA system

15 d

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Projects classified as EIA type are required to follow the completeEIA process, and for those classified as IEE type, a simplifiedprocess.For classified as No requirement, no action is required.

Finish of the process

No Requirement

IEE Type

Scoping (TOR)

Terminology

ECC