ministry of natural resources and environmental ... · • environmental conservation law (2012)...

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Ministry of Natural Resources and Environmental Conservation

“Information Dissemination Seminar onEnvironmental Impact Assessment in Myanmar”

Environmental Conservation Department

Daw Hla Hla HtweDeputy DirectorECD

29th March 2018Mandalay

About EIA

Myanmar EIA Process

International Participation in EIA

Condition of EIA Report

Law and Regulation

Contents

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Sustainable Development is development meets the needs of the present without

compromising the ability of the future generations to meet their own needs

Three essential requirement for SD

Environmental Harmony

Economic Efficiency

Social Justice

The achievement of sustainable development demands the integration of

environment and development.

EIA

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Pre-1970 Limited consideration given to environmental consequences

Early Mid 1970’s EIA introduced by NEPA in 1970 in USStandard methodologies for impact analysis developedDuring 1973-1974 Canada, Australia and New Zealand too adopted EIAAustralia legislated whereas Canada and New Zealand followed administrative procedures

Late 1970 & Early 1980

Other industrial and developing countries introduced formal EIA requirements France in 1976, Philippine in 1977, Netherlands in 1978 introduced EIA Use of EA by developing countries Brazil, China &Indonesia

Mid 1980’s end of decade

European council directive on EIA establishes procedural requirements must for all its member states Spread of EIA AsiaW.B and other leading aid agencies establishes EIA requirements

1990’s Increase use of GIS and other information technologies India adopted EIA formally Formulation EA legislation by many developing countries

History of EIA

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EIA is an activity design for the systematic identification and evaluation of the

potential impacts of proposed projects, plans, programs, or legislative actions

relative to physical-chemical- biological, cultural and socioeconomic components

of the total environment

EIA is a major instrument in

For appropriate decision making

For measurement of sustainability in the context of regional carrying capicity

Sitting of new industries

Sitting of urban settlements and town planning

EIA

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• Minamata (Japan, 1950-70)

• Itai-Itai (Japan, 1910-70)

• Love Canal (US, 1940-70)

• Seveso (Italy, 1976)

• Bohpal (India, 1984)

EIA Concept

71982

19932015

19781975

1996

1978

1989

2000

EIA in ASEAN

Environmental Policy

Adopted in 1994

To ensure environmentally sound development in all of

relevant sectors

To mainstream environment consideration into National/

State & Region/Sector Development Policy and

Development Planning

Laws and Regulations


State Constitution 2008 Sec. 45

The Union shall protect and conserve naturalenvironment

Sec. 390 (b)Every citizen has the duty to assists the Unioncarrying out the environmental conservation


Environmental legislations to improve EIA system

• Environmental Conservation Law (2012)

• Environmental Conservation Rules (2014)

• Environmental Impact Assessment Procedures (29 - Dec, 2015)

• Environmental Quality Emission Guideline (29 - Dec, 2015)


Environmental legislations to improve EIA systemEnvironmental Conservation Law, 2012Section 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;

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Development of EIA Procedure

Articles 52, 53 and 54 - Rules, all Projectshaving the potential significant adverseImpacts requires to undertake IEE or EIA

MONREC just has been notified EIAprocedure (Experts from ADB have beenproviding technical support)


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Key steps in the EIA process

Screening ScopingInvestigatio

n and Reporting

Review Decision Monitoring

1. Screening2. Scoping3. EIA Investigation and Preparation of an EIA Report4. Review of EIA Report and EMMP5. Decision-making on EIA Report6. Monitoring, Compliance and Enforcement

Myanmar’s EIA process

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MONREC

Ministry

OSS

ECD

MONREC

IEE, EIA or no significant impact?OSS determination within 7 daysECD determination within 15 days

Appeal Process

SCREENING

Investigations & Reporting

Review & Approval Process

Scoping

ECC Reject


Project Proposal

Article - 23a) The Project Proponent shall submit the Project Proposal to

the Ministry for Screening.

Project Proposal shall include (www.ecd.gov.mm)• an executive summary

• a brief over view of the project,

• contact details of the proponent,

• basic specification of the project,

• the environmental / social aspects in the project site and its

surrounding area,

• the major likely impacts caused by the project,

• current status of the project (e.g. new project, existing project, project

expansion)


http://www.ecd.gov.mm/

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Annex-A Categorization of Economic Activities for Assessment Purposes


No. Type of Economic Activities IEE EIA

1 Coal Fire Power Plant 1MW>= ic <5MW ic>=5MW

2 Offshore O&G Seismic All

3 Fish Processing ≥ 15 t/d but < 75 t/d ≥ 75 t/d

4 Alcohol, Wine and Beer ≥ 50,000 l/d but < 300,000 l/d

≥ 300,000 l/d

5 Chemical Fertilizer Manufacturing Plants

all

Application Form For Project Proposal

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ECD

MONREC

EIA or IEE Proponents need to confirm for third partyECD determination within 7 days

Appeal Process

Third Party



Scoping

ECC Reject

SCREENING


Ministry

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A-32. for IEE, the Project owner inform the Department in writing as to the identity of the person(s) and/or organization, itself or may appoint a registered person or organization.

For EIA, The Project Proponent must appoint a registered third person or organization EIA investigation and reporting

21.a) No person or organization who/which has not been registered by the Department shall prepare, submit or allow the submission to the Ministry of any EIA Report contemplated in this Procedure.


Consultant LicensingArticle 17 to 22a) If specific terms, conditions and/or registration procedures have not been

separately issued by the Ministry, any Third Person or Organization, whether foreign or domestic, who wishes to prepare an IEE and EIA shall first apply to the Department.


Submission Form for Selected Consultant

Selected Consultant

Selected Consultant submission shall include (EIA)

• Informed Letter

• Submission Form

• Consultant List

• Registration Certificate

Selected Consultant submission shell include (IEE)

• Informed Letter

• Submission Form

• Consultant List

• Registration Certificate (or) Profile and Expertise of Consultant


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Situation of Transitional Consultant Registration

Issue Date Organization Individual20-7-2017 37 142Screening 6 28Total 43 170

Apply with- the name, contact address and profile of the person or organization, - relevant experience of the person or organization, and - for key personnel, an outline of each person's experience in the field of environmental assessment, academic credentials, relevant certificates and accreditations.

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Ministry

ECD

MONREC

Appeal Process

Third Party



ECC Reject

SCREENING

Scoping

• Information disclosure and consultation• Scoping Report • EIA Terms of Reference• Revision/approval/conditions within 15 days

Scoping (A49,50,51)

Summary,Context of the Project ,Overview of the Policy, Legal and Institutional Framework , Project Description and Alternatives , Description of the Environment ,key Potential Environmental Impacts and Mitigation Measures , PC, Conclusions and Recommendations


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Ministry

ECD

MONREC

Appeal Process

Third Party


ECC Reject

SCREENING

Scoping

EIAInvestigation (A55 &61), Report (62 &63)

IEE(A35,36)EMP(A63.h)

Investigation &Reporting


IEE (A35,36)

• Project Description

• Identification of PP

• Identification of Experts

• Description of laws

• Description of existing Environment

• Identification and assessment of potential Environmental Impacts

• Result of PC

• Environmental Mitigation Measure

• EMP

• Budget of EMP


EIA I & R (A-55,61,62,63)

• “timely disclosure of all relevant information”• Local and national media• Consultation meetings – national, state, local• Field visits (ECD and concerned government

organizations)

Summary, Introduction, , Policy Legal and Institutional Framework , Project Description and Alternatives , Description of the Environment ,key Potential Environmental Impacts and Mitigation Measures , cumulative impact assessment, emp, PCD


Submission Form for Environmental Assessment Report

Environmental Assessment Report Requirements

EIA Review Process

• Article 58, Rules, the committee is responsible to review and provide comments/ recommendation to EIA reports

• 39 membership, 20 assigned from MoNREC and 19 from other ministries, universities, and city development committees (2015)

• ( official review and the NECCCCC approves EIA reports)

Comply with Procedure, Scoping Report and TOR, existing law, gl, std, impact, measures, stack holder, BAT,…..


1• Initial review by ECD

2• Submission of report on initial review to RT ( RT consists of 39 members

from relevant ministries and academic institutions)

3• Meeting with RT, Proponent, EIA consultancy firms

4• Site visit (if required)

5• Provide comments on EIA report to the Proponent

6• Revise EIA reports based on the comments and submit them to MONREC

7• Meeting with RT, Proponents, EIA Consultancy firms

8• If satisfied, Submit to National Environmental Conservation and Climate

Change Committee and issue ECC & if unsatisfied repeats step 5,6,7

EIA Review Process


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Legal requirements for PP

IEE EIA

Recommended during feasibility Recommended during feasibility

Disclose information

Local consultation

Timely information disclosure

- Project website

- Local media

Local consultation meetings

`

Timely information disclosure

- Local and national media

Consultation meetings:

- national, state, local communities

- Government agencies

Field visits for ECD and concerned government organizations

Publish submitted IEE report Publish final IEE report if approved

Publish submitted EIA report Publish final EIA report if approved

Screening


Review & Decision

Scoping


3535

ADB (Environmental Safeguard Institutional Strengthening)

JICA (Capacity Development in Basic Water Environmental

Management and EIA System in Myanmar)

Vermont Law School (Public Participation Guideline & EIA Capacity

building)

IFC (Advisory Agreement on Improving Environmental and Social

Standards of the Hydropower Sector in Myanmar)

NEA (Oil for Development program & Management of Hazardous

waste in Myanmar)

3636

Guideline Support Org; Situation

EIA General Guideline and ECC ADB Final

EIA Oil and Gas Guideline NEA Final Draft

EIA Mining Guideline WWF & ADB First Draft

Publication Participation Guideline VLS Final Draft

EIA Hydropower Guideline IFC Final Draft

HIA Guideline (with MOHS) ADB Draft

Sr. Year EIA IEE EMP TOTAL

1 2011 – 2012 1 0 0 1

2 2012 – 2013 2 0 0 2

3 2013 – 2014 45 30 5 80

4 2014 – 2015 38 32 11 81

5 2015 – 2016 78 53 27 158

6 2016 – 2017 97 254 1636 1978

7 2017 - 2018 11 15 177 203

TOTAL 272 384 1856 2512

Condition of Environmental Assessment Report In ECD

EMP for Mining Sector

• Executive Summary

• Project Description

• Maps and Layout Plan

• Policy and Legist ration

• Existing Environment

• Impact and Mitigation Measure

• Emergency Plan

• Public Consultation

• Monitoring and Budget Allocation

• Corporate Social Responsibility

• Mine Closure Plan

Needs of Environmental Assessment Report

Submission

• Need to compile EIA Procedure (Project Proposal - Consultant Confirmation,

Scoping, EIA)

• Informed Letter, Submission Form, Consultant List, Registration Certificate

• Need to submit Relevant Ministry, Department, MIC, OSS, ECD State & Region,

MONREC

• Clearly refer Project Proposal ECD Comment, Scoping Approval Letter

• Clearly refer Previous Proposal (if Project will change)

Needs of Environmental Assessment Report (1)

Investigation

• all Project phases including pre-construction, construction, operation,

decommissioning, closure, and post-closure.

• shall identify and assess all Adverse Impacts, risks, Cumulative Impacts and

Residual Impacts for environment, social and, if relevant, health that potentially

could arise from the Project.

• consultations to determine and document that all feasible measures are taken to

ensure that all Residual Impacts are within applicable limits and are acceptable to the

Ministry and interested and affected persons.


Consultation Process

• local and national media, the website(s) of the Project or Project Proponent, at public places such as libraries and community halls, and on sign boards at the Project site (all relevant information about the proposed Project and its likely Adverse Impacts)

• national, regional, state, Nay Pyi Taw Union Territory and local levels, with PAPs,

authorities, community based organizations and civil society .

• concerned government organizations

Commitments

Legal


Out of Procedure

Not completed in expertise for third party confirmation

Not completed in Scoping Report (e.g TOR)

Uncompleted Executive Summary

Uncompleted Introduction

Uncompleted Institutional Framework

Uncompleted Project Description

Uncompleted Assessment of Impact and Mitigation Measures

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