Myanmar Environmental Conservation

Law, and Status of Environmental

Rules and Guidlines Preparation

Hla Maung Thein

Deputy Director General
Environmental Conservation Department
MOECAF

1. Title and Definition

2. Objectives
3. Formation of Environmental
Conservation Committee
4. Duties and Powers of Minister
5. Environmental Emergency
Environmenta 6. Environmental Quality Standards
l Conservation 7. Environmental Conservation
Law 8. Management of Urban Environment

14. Chapter, 42 9. Conservation of Natural

Resources and Cultural Heritage
Articles
10. Pries Permission
11. Insurance
12. Prohibitions
13. Offences and Penalties
14. Miscellaneous

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 Objectives (Chapter. 2)

A.3. Objectives
(a) To implement the Myanmar National
Environmental Policy;
(b) To lay down the basic principles and give guidance
for systematic integration of the matters of
environmental conservation in the sustainable
development process;
(c) To emerge a healthy and clean environment and to
conserve natural and cultural heritage;
(d) To reclaim ecosystems as may be possible which are
starting to degenerate and disappear;

A.3. Objectives
Cont:
(e) To manage and implement for decrease and loss
of natural resources and for enabling the
sustainable use beneficially;
(f) To implement for promoting public awareness
and cooperation in educational programmes
(g) To promote international, regional and bilateral
cooperation
(h) To cooperate with Government departments,
organizations, international organizations, non-
government organizations and individuals

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 Environmental Conservation Committee
(Chapter. 3)

A. 4.(a) The Union Government shall form the

Environmental Conservation
Committee(ECC) with the Union
Minister for the Union Ministry assigned
by the Union Government as the
Chairman and with suitable members to
conserve the environment of the Republic
of the Union of Myanmar;

Environmental Conservation Committee

Cont:

A. 5. The Union Government shall stipulate functions

and duties of the Committee to implement the
objectives contained in this Law.

A.6. The powers of NECC

(a) Carrying out educational activities;
(b) Suggesting to amend and insert, as may be
necessary, the lessons on environmental
conservation contained in school lessons ;
(c) Accepting donations, grants, materials and
technological aids, materials and technologies;

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 The powers of ECC
Cont:
(d) Sending suitable suggestions and encouragements
relating to environmental conservation;
(e) Asking necessary proposals and suggestions for
conservation and enhancement of environment;
(f) Prohibiting the relevant Government departments
and organizations if the environmental damages
arise or situations for damage arise;
(g) Laying down and carrying out the Myanmar
national environmental policies and other
environmental policies for conservation and
enhancement of environment

A.7. Duties and Powers relating to Environment

Conservation of the Ministry (Chapter. 4)
(a) Implementing environmental conservation policies;
(b) Planning and laying down national or regional
environmental management work plans;
(c) Laying down, carrying out and monitoring
programmes for enhancement of the environment,
and control of environmental pollution;
(d) Prescribing environmental quality standards
(e) Submission of proposals to the Committee for
economic incentive mechanisms
(f) Specifying categories of hazardous wastes
generated from the production and use of chemicals in
industry, agriculture, mineral production, sanitation

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 A.7. Duties and Powers relating to Environment
Conservation of the Ministry
Cont:
(g) Promoting the establishment of necessary factories
for the treatment of solid wastes, effluents and
emissions which contain toxic and hazardous
substances;
(h) Prescribing the terms and conditions relating to
effluent treatment in industrial estates and other and
emissions of machines, vehicles and mechanisms;
(i) Laying down and carrying out a system of
environmental impact assessment and social impact
assessment as to whether or not a project to be
undertaken causing a significant impact on the
environment;

A.7. Duties and Powers relating to Environment

Conservation of the Ministry
Cont:
(k)Cooperating with International, regional, bilateral
agreements, instruments and programmes;
(n)Laying down guidance relating to Ozone layer
protection, conservation of BioD, of coastal, mitigation
and adaptation of global warming and climate change,
combating desertification and management of other
environmental matters;
(o)Managing to cause the polluter to compensate for
environmental impact, cause to contribute benefit
from the natural environmental services, cause to
contribute a part of the benefit from using the natural
resources;

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 A.8. Environmental Management Fund

To establish an Environmental Management

Fund in the Union Budget for effective
implementation of environmental conservation
works in addition to the Union Consolidated Fund

Environmental Emergency (Chapter. 5)

A.9. Committee shall immediately report to the

Union Government to declare the occurrence of
environmental emergency; carrying out necessary
measures 11

A. 10. Environmental Quality Standards

(Chapter. 6)
The Ministry may stipulate the following environmental
quality standards:
(a) suitable surface water quality standards in the usage
in rivers, streams, canals, springs, marshes, swamps,
lakes, reservoirs and other inland water sources of the
public;
(b) water quality standards for coastal and estuarine areas;
(c ) underground water quality standards;
(d) atmospheric quality standards;
(e) noise and vibration standards;
(f) emissions standards;
(g) effluent standards;
(h) solid wastes standards;
(i) other environmental quality standards
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 A.13. Environmental Conservation
(Chapter. 7)
The Ministry shall maintain a comprehensive monitoring
system and implement 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 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 1
3

Compliance with Environmental Quality

Standards

A.14. To treat and deposit the substances with

cause pollution in accord with environmental
standards;
A.15. To install facility and equipment to
reduce or eliminate environmental pollution;
A.16. To comply with the directives in the
industrial estate or business in the industrial and
special economic zone;
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4

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 A. 17. Management of Urban Environment
(Chapter. 8)
The Ministry shall, for the management of urban
environment, advise as may be necessary to the relevant
Government departments and Government organizations,
private organizations and individuals in carrying out the
following matters:
(a) land use planning and management including zoning;
(b) management of the construction industry in pivotal
urban centres;
(c) management of housing settlements;
(d) management of wastes;
(e) pollution control including land, water, air and noise
pollution; 1
(f) other necessary environmental management. 5

A. 18. Conservation of Natural Resources and Cultural Heritages

B. (Chapter. 9)
The relevant Departments and organizations shall carry out the
conservation, management, sustainable use and enhancement of
regional cooperation of the following environmental natural
resources:
(a) forest resources;
(b) land resources;
(c) fresh water resources including underground water;
(d) mineral resources;
(e) agricultural resources;
(f) fisheries resources;
(g) marine resources;
(h) natural ecosystems;
(i) natural areas, wildlife, natural plants and biological
diversity; 1
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(j) other natural resources stipulated by the Union Government.

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 Prior Permission (Chapter. 10)

A. 21. The Ministry may, with the approval

of the Union Government, stipulate the
categories of business, work-site or factory,
work-shop which may cause impact on the
environmental quality that requires to obtain
the prior permission;
B. 24. To stipulate terms and conditions
relating to environmental conservation for the
prior permission; 1
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Prohibition (Chapter. 12)

A. 28.No one shall, without the prior permission,

operate business, work-site or factory,
workshop which is required to obtain the prior
permission
A. 29. No one shall violate any prohibition contained
in the rules, notifications, orders, directives and
procedures issued under this Law.
A.30.No one shall, without permission of the
Ministry, import, export, produce, store, carry
or trade any material which causes impact on
the environment

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 1. Title and Definition
2. Duties and Powers of ECC
3. Duties and Powers of Ministry
4. Duties and Powers of Department
5. Environmental Management Fund
6. Environment Emergency
7. Environment Standards
Environmental
Conservation 8. Environment Conservation
Rules 9. Urban Environment
10. Waste Management
11. Conservation of Natural Resource and Natural
Heritage
12. Environmental Impact Assessment
13. Prior Permission
14. Prohibition
15. Offers and penalties
16. Miscellaneous

Environmental Management Fund

Objectives- Sustainability of finance for Environmental
Conservation Activities

Funding sources:
Government Consolidated Fund
Contribution from PES, PPS, from Commercial
Natural Resources Production
Donation from Domestic and Foreign Donors
Support from International Organizations

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 Environmental Impact Assessment

Procedures :
The projects which are required to conduct EIA, IEE
Develop Environmental Management Plan
EIA has to be conducted by independent Party who is
registered in MOECAF
EIA Review Committee
EIA approval by Ministry with the guidance of
NECC

Further Actions for Guidelines preparation

Environmental Quality Standards
Environmental and Social Impact Assessment Procedures
and Guidelines (ESIA
Pollution control/prevention rules and regulation (water
quality, air quality, solid waste treatment
Environmental Monitoring Programmes
Institutions for ESIA Review and Monitoring
Inspection rules and regulation
National Environmental Management Master Plan
National Waste Management Master Plan (waste treatment,
hazardous substance and waste)
Green Economy Strategy for low carbon development
Climate Change Strategy and Emergency Risk
Management Plan

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 Specific urgent NEEDs to develop

To stipulate the environmental quality standards

Guidelines/Procedures for EIA and to specify the
categories of project, or activities which need to make
IEE, Full size EIA
To specify categories and classes of hazardous wastes
generated from the production and use of chemicals or
other hazardous substances in carrying out industry,
agricultural, mineral production, sanitation and
other activities
To prescribe categories of hazardous substances that
may affect significantly at present or in the long run on
the environment

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;
To prescribe the categories of business, work-site or
factory, work-shop which may cause impact on the
environmental quality that requires to obtain the prior
permission.
To prescribe and lay down the regulations/procedures
for management and necessary arrangements of PPS /
PES
Lay down and implement the national and regional
environmental management work plans
Monitoring programmes

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Environmental legal tools for SD

State (Political)
-Reform Strategies (Quick Win)
-Poverty Reduction
Pressure (National)
-Foreign investments (potential)
-Extend industries (change to technical based
economy instead of natural resource based
economy)
-CC and other global environmental trends .
Response (Global)
-To protect and conserve the environment

Constraints

Information
Technical and Expertise
Financial
Coordination
Participation
Time limits

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Thank you

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