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Legal Structure of EIA

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Legal Structure of EIA

 

Currently, the Myanmar EIA system is composed of the following legal/ non-legal documents.

1.   Environmental Conservation Law

2.   Environmental Conservation Rules

3.   EIA Procedure

4.   EIA Licensing Scheme (under consideration)

5.   EIA guidelines (under consideration)

 

1.           Environmental Conservation Law

Environmental Conservation Law was established as of 30th March, 2012, which stipulates basic principle of environmental conservation including EIA system.

In accordance with this law, the power of the Ministry related to EIA / SIA are as follows (Chapter IV Section 7):

“(m) causing to lay down and carry out a system of environmental impact assessment and social impact assessment 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”

 

2.           Environmental Conservation Rules

Environmental Conservation Rules was established as of 5th June, 2014.

This rules break out and stipulate the details of the environmental conservation manner based on the EC Law.

In the relation of EIA system, Chapter XI sets out the basic matters of EIA includes duties of the Ministry, requirements to the project proponents, and so on.

 

3.           EIA Procedure

EIA procedure stipulates all requirements of EIA implementation. The law was approved by the Minister (MONREC) as of 29 December, 2015.

See also Guidance of EIA system page for more information.

 

4.           Licensing Scheme (under consideration)

Consultant Registration Scheme will stipulate the licensing process of consultants who are willing to undertake any IEE/EIA studies so as to ensure the qualification of doing the relevant studies to IEE/EIA.

The Scheme is under consideration, however, the transitional registration process in accordance with Article 17 (a) of EIA Procedure is opened to the concerned person / organization.

See also Consultant Licensing page for more information.

 

5.           EIA Guidelines (under consideration)

EIA guidelines is non-legal binding document; however, it provides a clear guidance on how to develop study reports (e.g. Project Proposal, Scoping & TOR, IEE report, EIA report, EMP) according to EIA procedure.