environmental impact assessment rules - GMS-EOC

environmental impact assessment rules - GMS-EOC
ENVIRONMENTAL IMPACT ASSESSMENT PROCEDURE
The Government of the Republic of the Union of Myanmar
Ministry of Environmental Conservation and Forestry
Notification No. _______ / 2013
Nay Pyi Taw, the ________________ Day of _________, 1374 M.E.
(______________________, 2013)
The Ministry of Environmental Conservation and Forestry, in exercise of the power conferred
by sub-section (b) of Section 42 of the Environmental Conservation Law, according to
Notification No. 20/2013 of the Union Government dated 13 March 2013, hereby issues the
following Procedure.
CHAPTER I.
Title and Definitions
1.
This Procedure shall be called the Environmental Impact Assessment (EIA)
Procedure.
2.
The expressions contained in this Procedure shall have the same meanings as are
assigned to them under the Environmental Conservation Law and Rules. In addition
thereto, the following expressions shall have the meanings given hereunder:
(a) Alternatives in relation to a proposed Project, means different means of meeting
the general purpose and requirements of the Project, which may include alternatives
to:
1)
the property on which or location where it is proposed to undertake the
Project,
2)
the type of Project to be undertaken,
3)
the design or layout of the Project,
4)
the technology to be used in the Project,
5)
the operational aspects of the Project, and
6)
any other substantive characteristic or aspect of the Project as deemed
necessary or appropriate by the Ministry.
(b) Adverse Impact means any adverse environmental, social, socio-economic,
health, occupational safety or health effect suffered or borne by any entity, natural
person, or natural resource, including, but not limited to, the environment, flora and
fauna, where such effect is attributable in any degree or extent to, or arises in any
manner from, any action or omission on the part of the Project Proponent, or from the
design, development, construction, implementation, maintenance, operation, or
decommissioning of the Project or any activities related thereto.
(c) Best Available Techniques or BAT means the most effective and advanced
stage in the development of activities and their methods of operation which indicate
the practical suitability of particular techniques for providing in principle avoidance,
prevention, reduction, mitigation and compensation as the basis for Emission Limit
Values designed to prevent and, where that is not practicable, generally to reduce
emissions and the impact on the environment as a whole, where:
‘Best’ shall mean most effective in achieving a high general level of
protection of the environment as a whole;
‘Available’ techniques shall mean those developed on a scale which allow
implementation in the relevant industrial sector, under economically and
technically viable conditions taking into consideration the cost and
advantages, as long as they are reasonably accessible to the operator; and
‘Techniques’ shall include both the technology used and the way in which
the installation is designed, built, maintained, operated and decommissioned.
(d) Biodiversity means the variability among living organisms from all sources
including, inter alia, terrestrial, atmospheric, and marine and other aquatic
ecosystems and the ecological complexes of which any such ecosystem is a part;
this includes diversity within species, between species, and of ecosystems.
(e) Complex Project refers to an investment Project that has substantial impacts on
the environment and society, which may include impacts beyond the borders of the
jurisdiction under consideration, or a cumulative impact on other investment projects,
or in which complex technology is applied.
(f) Construction Phase EMP means a detailed and comprehensive Environmental
Management Plan (EMP) for the construction phase of a Project. Such plan shall
present all relevant commitments, Emission Limit Values, Environmental Quality
Standards and other environmental requirements and include a description of the
construction works, present an overview of Adverse Impacts, present mitigation
measures and monitoring programs together with time schedules, overview maps,
images, aerial photos, satellite images, site layout plans, cross-sections, transects,
environmental management and monitoring sub-plans for each construction site,
thematic sub-plans, and management procedures as appropriate.
(g) Cumulative Impact in relation to a Project, means the impact or impacts of a
Project that in itself or themselves may not be significant but may become significant
when added to the existing and potential impacts eventuating from similar or diverse
Projects or undertakings in the same geographic area or region.
(h) Department means the Environmental Conservation Department of the Ministry.
(i) EIA Type Project means a Project judged by the Ministry as being likely to have
potential for Adverse Impacts.
(j) Emission means the direct or indirect release of any substance, radiation,
vibration, heat or noise from individual or diffuse sources into the air, water, land or
any subterranean area. Emissions include emissions of solid waste, effluent, gas,
noise, odor, light, radiation, vibration or heat.
(k) Emission Limit Values or ELV is a figure specifying the concentration or load of
a pollutant allowed to be emitted or discharged to the environment from a specific
installation in a given period of time or per unit of production.
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(l) Environmental Compliance Certificate or ECC is a legal document through
which the Ministry approves an Initial Environmental Examination (IEE) Report or an
EIA Report, or an EMP.
(m) Environmental Impact means the probable effects or consequence on the
natural environment and people of a proposed Project or businesses or activities or
undertaking. Impacts can be direct or indirect, cumulative, and positive or adverse or
both. For purposes of this Procedure, Environmental Impacts include occupational,
social, socio-economical, community health, and safety issues. Social impacts that
are in the nature of Involuntary Resettlement or which relate to Indigenous People,
however, shall be dealt with in accordance with Article 7.
(n) EIA Report means a report comprising a systematic assessment of a proposed
activity or project that is prepared to aid in determining whether such activity or
project has the potential significantly to affect the environment, humans and other
living things, including socio-economic impacts, and in deciding whether such activity
or project should be allowed or not. The form, content and structure of the report shall
be in accordance with the Ministry’s requirements and guidelines and international
best practice, and include the EMP.
(o) EIA Report Review Body means that body to be formed by the Ministry in
accordance with Article 58 of Environmental Conservation Rules, comprising
technical experts from relevant government departments, government organizations,
technical organizations and civil society responsible to review and provide comments
and recommendations on an EIA Report.
(p) EMP means a document contemplated in Chapter II with form, content and
structure in accordance with the Ministry’s requirements and guidelines, which
describes 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.
(q) Environmental Quality Standard or EQS is a measure of the state of a specific
environmental medium with regard to a specific pollutant that represents the upper
limit of acceptability designed to protect human health or the ecosystem.
(r) Good Practice means that practice which is recognized by a consensus of
relevant stakeholders (including without limitation government, industry, labour,
financiers, and academia) as having been adopted by leading, reputable companies
of international standard, which is capable of being adhered to within the Republic of
the Union of Myanmar, and which, when carried out by or in respect of the Project,
can be expected further to reduce the Adverse Impacts arising from the Project and
activities related thereto.
(s) IEE Type Project means a Project judged by the Ministry to have some Adverse
Impacts, but of lesser degree and/or significance than those for EIA Type Projects.
(t) Indigenous People means people with a social or cultural identity distinct from
the dominant or mainstream society, which makes them vulnerable to being
disadvantaged in the processes of development.
(u) IEE Report means a report comprising a systematic assessment of a proposed
activity or project that is prepared to aid in determining whether such activity or
project has the potential significantly to affect the environment, humans and other
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living things, including socio-economic impacts, and in deciding whether such activity
or project should be allowed or not. The form, content and structure of the report shall
be in accordance with the Ministry’s requirements and guidelines and international
best practice, and include the EMP.
(v) Involuntary Resettlement means the mandatory physical displacement of a
Project Affected Person from the PAP's home arising from a Project, or the
unavoidable loss by a PAP of productive or income-generating assets occasioned by
a Project.
(w) Law means the Environmental Conservation Law and future amendments of the
Law.
(x) Ministry means the Ministry of Environmental Conservation and Forestry and,
where the context requires, includes as relevant its Departments and/or offices at
national, regional, state, township and municipal levels.
(y) Operational Phase EMP means a detailed and comprehensive EMP for the
operational phase of a Project. Such plan shall present all relevant commitments,
Emission Limit Values, Environmental Quality Standards and other environmental
requirements. The plan shall include a description of the Project operations,
installations, and infrastructure, and shall present an overview of Adverse Impacts,
present mitigation measures together with time schedules, overview maps, images,
aerial photos, satellite images, site layout plans, cross-sections, transects,
environmental management and monitoring sub-plans for each Project site, thematic
sub-plans, and management procedures as appropriate.
(z) Project means any commercial, economic, agricultural, social, academic,
scientific, political or other project, activity, program, business, service or undertaking,
whether regarded individually or in the aggregate, the performance of which [requires
any approval or is licensed, restricted, or otherwise regulated to any extent by any
part of the Union Government and which] may have an Adverse Impact.
(aa) Project Affected Person or PAP means a natural person, legal entity, or
organization that is, or is likely to be, directly or indirectly affected by a Project or a
proposed Project, including without limitation effects in the nature of legal
expropriation of land or real property, changes of land category, and impacts on the
ecological and environmental systems in the settlement areas of such person, entity
or organization.
(bb) Project Owner means any natural person, legal entity, or organization, from the
public or private sector, undertaking a Project or any aspect of a Project (including
study, survey, design, development, pre-construction, construction, operation,
decommissioning, closure, and post closure) within the territorial borders of the
Republic of the Union of Myanmar and during the period of such undertaking which
has an ownership interest (legal or equitable) in the Project, or which intends (or
could be reasonably be expected to intend) to derive financial or other benefits from
the Project of the sort which an owner would ordinarily derive.
(cc) Project Proponent means any natural person, legal entity, or organization, from
the public or private sector, intending to undertake a Project or any aspect of a
Project (including study, survey, design, development, pre-construction, construction,
operation, decommissioning, closure, and post closure) within the territorial borders
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of the Republic of the Union of Myanmar, and for the avoidance of doubt shall include
the Project Owner at such time as the undertaking of such Project has commenced.
(dd) Project Proposal means a written document, in form, content and structure in
accordance with the Ministry’s requirements and guidelines, accurately setting forth
the key aspects and relevant details (including, inter alia, the nature and size of all
known or foreseeable Adverse Impacts) of a Project which a Project Proponent
wishes to develop or invest in.
(ee) Rules means the Environmental Conservation Rules.
(ff) Residual Impacts means predicted or actual Adverse Impacts that remain after
mitigating measures have been applied.
(gg) Scoping means the process contemplated in Chapter V for determining the
scope of the EIA (i.e., the data that need to be collected and analyzed to assess the
potential Adverse Impacts of a Project) and producing a terms of reference (TOR) for
preparation of an EIA Report.
(hh) Screening means the initial assessment that is made pursuant to this
Procedure to determine whether an IEE or an EIA is required to be carried out.
CHAPTER II.
Establishment of the Environmental Impact Assessment Process
3.
Pursuant to Section 7 of the Law and Articles 52 and 53 of the Rules, all Projects
undertaken in the Republic of the Union of Myanmar by any ministry, government
department, organization, corporation, board, development committee, local
government or authority, company, cooperative, institution, enterprise, firm,
partnership or individual having the potential to cause significant Adverse Impacts,
are required to undertake IEE or EIA and to obtain an ECC in accordance with this
Procedure.
4.
The Ministry shall be the designated party responsible for the application and
interpretation of this Procedure.
5.
The Ministry shall, under the guidance of the Environmental Conservation
Committee, form the EIA Report Review Body as a standing body.
6.
The EIA Report Review Body shall have the following responsibilities:
a) When requested by the Ministry, to review the EIA of any Project.
b) Within the timeframe prescribed by the Ministry, to prepare an EIA Review
Report in regard to an EIA Report.
c) The Ministry may, in each case, prescribe the scope and content of the EIA
Review Report. Such scope and content may include assessments of the
following questions:
(i)
(ii)
Does the EIA Report comply with the Procedure (EIA Report
structure, content, study methodology, public participation process,
etc.)?
Does the EIA Report comply with the Scoping Report and TOR for
the EIA?
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(iii)
Does the EIA Report comply with explicit guidelines, standards,
timing or criteria for review?
(iv) Does the EIA Report recognize and consider the views of
stakeholders?
(v) Is the EIA Report complete and does it contain sufficient, suitable
and reliable information?
(vi) Have all applicable environmental requirements been adequately
identified, addressed, referred to and fully complied with in the
preparation and content of the EIA Report?
(vii) Have all foreseeable Adverse Impacts been identified and addressed
in the preparation and content of the EIA Report?
(viii) Is it likely that the measures to prevent, mitigate or minimize Adverse
Impacts of the Project specified in the EIA Report will ensure that the
environmental requirements will be fully complied with?
(ix) Are the measures to prevent or minimize pollution from the Project
effective and based on BAT and Good Practice?
(x) Are there any measures or procedures which are non-compliant or
risk leading to non-compliance with environmental requirements?
(xi) Can the Project as described and presented in the EIA Report be
constructed and operated without causing unacceptable Adverse
Impacts?
d) The EIA Review Report shall identify any defects in the EIA investigations or the
EIA Report and give recommendations as to which further studies,
investigations, consultations or assessment that the Project Proponent must
undertake and report.
e) The EIA Report Review Body shall provide such other feedback and
recommendations on any EIA Report as the Ministry may explicitly request.
f)
The EIA Review Report shall, where relevant, give recommendations on
conditions of the ECC.
g) If requested, the EIA Report Review Body shall present its findings at a meeting.
7.
This Procedure does not address specific matters in relation to resettlement or in
relation to Projects that may have an Adverse Impact on Indigenous People. Projects
involving resettlement or potentially affecting Indigenous People shall additionally
comply with separate procedures issued by responsible ministries, and in the
absence of such procedures all such Projects shall adhere to international best
practice on Involuntary Resettlement and Indigenous People.
8.
For Projects and/or activities that already exist or in respect of which pre-construction
or construction has already commenced when this Procedure is issued, each such
Project or activity shall be required to undertake an environmental and/or social
compliance audit, including on-site assessment, to identify past or present concerns
related to that Project's or activity's Environmental Impacts, and, where required by
the Ministry, such Project or activity shall take appropriate actions in accordance with
the Law, the Rules, and other applicable laws of the Republic of the Union of
Myanmar. Existing Projects and activities or Projects and activities that are under
construction before the issuance of this Procedure shall develop an EMP within a
timeframe prescribed by the Ministry and such EMP shall be subject to the review
and approval of the Ministry.
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9.
10.
The Ministry has the power and exclusive authority to:
a)
define Project screening criteria;
b)
approve technical guidelines for IEE and EIA;
c)
review and approve IEE Reports;
d)
provide guidelines for, and approve TOR of, EIA;
e)
review and approve EIA Reports;
f)
review and approve EMP, Construction Phase EMP and Operational Phase
EMP;
g)
determine and impose conditions applicable to any Ministry approval of an
IEE, EIA or EMP;
h)
monitor and enforce implementation of the EMP, including any amendments
thereof occasioned once the detailed design of the proposed Project has been
finalized or by or on account of experience during implementation of the
Project;
i)
require any Project to update its EMP and to submit such updated EMP to the
Ministry for review and approval according to a schedule defined by the
Ministry; and
j)
perform other duties and functions relating to IEE/EIA as stipulated by the
Union Government.
The Project Proponent shall arrange for appropriate public consultation through all
phases of the IEE and EIA process as provided for in this Procedure.
Requirements concerning organizations or persons undertaking EIA and IEE
11.
Any organization or person who wishes to prepare an EIA or IEE shall apply to
register with the Ministry. Such application shall include: name and contact address,
profile of the organization or individual, as the case may be, profiles of its key
personnel if the applicant is an organization, relevant experience of the organization
and each of its key personnel in the field of environmental assessment, academic
credentials, relevant certificates or accreditations, references from clients for whom
the organization has performed environmental assessment work previously, and
evidence of professional or other liability insurance covering the work and services to
be performed by such organization or person. The applicant for registration shall be
required to make payment of any fees and charges that may be required by the
Ministry in connection with the application submission. Approved registrations shall
be for a period of three (3) years. Three (3) months prior to expiration of the
registration, a registrant can apply to the Ministry to extend such registration.
12.
The Ministry will review the materials submitted by applicants seeking to be
registered in accordance with Article 11 to determine their suitability to carry out such
assessments. The Ministry may refuse to register any applicant which the Ministry,
based upon the materials submitted by the applicant, deems to be unsuitable. Any
applicant who has been refused registration may re-apply for registration after it has
resolved or corrected the defect(s).
13.
The Ministry may suspend or cancel the registration of any organization or person
who has been registered in accordance with Article 11 or any prior requirements, and
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may impose such other corrective or punitive measures as may be lawfully available
to it, if the Ministry determines that such organization or person has violated any
provision of Republic of the Union of Myanmar law, or if the assessments of such
organization or person contain significant errors or are materially misleading or have
not been prepared in accordance with recognized standards generally applicable to
such work and services and/or relevant provisions of the Law, the Rules, this
Procedure or other applicable Republic of the Union of Myanmar laws, or if the
Ministry determines that at any relevant time there existed a conflict of interest which
could have affected the impartiality of the work or conclusions of such organization or
person and which was not previously revealed in writing to and waived by the
Ministry.
14.
No organization or person who is not registered with the Ministry shall prepare,
submit or allow the submission to the Ministry of any assessment contemplated in
this Procedure. No Project Proponent shall prepare or submit to the Ministry any
assessment contemplated in this Procedure which has not been prepared by an
organization or person duly registered with the Ministry in accordance with Article 11.
15.
The Ministry shall maintain and publish from time to time a list of all organizations
and persons who are registered with the Ministry for the preparation of assessments.
The Ministry shall issue to each registered organization and person a confirmation of
registration and, when necessary, a notification of suspension or termination of
registration.
16.
The Ministry shall assign duties and responsibilities in respect of this Procedure to
the Department charged with implementing the EIA system in accordance with Article
7(m) of the Law and Article 51 of the Rules.
CHAPTER III.
Screening
17.
18.
The Project Proponent shall submit to the Department for Screening a Project
Proposal completed in accordance with Ministry guidelines. Following the preliminary
screening and verification that it contains all required documents and related
materials, the Department shall determine the necessary level of environmental
assessment and submit that determination to the Ministry. The Ministry shall
determine whether the Project, according to the Annex 1 ‘Categorization of Economic
Activities for Assessment Purposes’:
a)
is an EIA Type Project, or
b)
is an IEE Type Project, or
c)
is neither an EIA nor an IEE Type Project and therefore is not required to
undertake any environmental assessment.
In making its determination for a Project as to the type of environmental assessment
the Project will require, the Ministry will additionally consider the following factors on
a Project or Project site specific basis:
a)
protection of cultural or religious norms, and historical or religious heritage;
b)
conservation and protection of biodiversity;
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c)
introduction of exotic or alien species;
d)
adoption of new technologies;
e)
national security;
f)
climate change; and
g)
other factors as the Ministry may determine.
19.
Within fifteen (15) days of receiving the complete Project Proposal, the Ministry shall
determine the type of environmental assessment (EIA, IEE, or none) which the
Project will require, and shall inform the Project Proponent in writing about its
determination.
20.
The selection of the type of projects, business or activities as referred to in Annex 1
shall be reviewed periodically, at least once in every five (5) years.
CHAPTER IV.
Initial Environmental Examination
21.
The IEE process is outlined in the diagram set forth in Annex 2 ‘Environmental
Assessment Procedure Flowchart’.
22.
Prior to commencement of the IEE investigations, the Project Proponent shall inform
to the Ministry in writing as to the identity of the organization(s) and/or person(s) it
has selected to undertake the IEE investigation and reporting.
23.
Upon receipt of the information about the identity of the proposed organization(s)
and/or person(s) selected by the Project Proponent to undertake the IEE, the Ministry
will within seven (7) days check to confirm that such organization(s) and/or person(s)
has been duly registered, and is then in good standing, with the Ministry. The Project
Proponent shall be responsible to verify with, or to obtain the confirmation of, the
Ministry through its website or by other means, as to the registration and standing of
such organization(s) and/or person(s).
24.
The Project Proponent shall undertake the following public consultation process in
regard to an IEE Type Project:
a)
disclose information about the proposed Project to the public and civil society
through local media, including by means of the prominent posting of legible
sign boards at the Project site which are visible to the public; and
b)
arrange the required complement of consultation meetings as advised by the
Ministry, with local communities, potentially PAPs, local authorities,
community based organizations, and civil society.
IEE Report Requirements
25.
The Project Proponent shall issue a letter of endorsement in a format prescribed by
the Ministry. Such letter shall be submitted to the Ministry together with the IEE
Report confirming:
a)
the accuracy and completeness of the IEE,
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26.
b)
that the IEE has been prepared in strict compliance with applicable laws
including this Procedure, and
c)
that the Project will at all times comply fully with the commitments, mitigation
measures, and plans in the IEE Report.
An IEE Report shall contain the following:
a) Project description in reasonable detail together with overview and layout
maps in proper scale indicating all relevant features, images, aerial photos
and satellite photos;
b) identification of the Project Proponent including (where the Project Proponent
is not a natural person but a company or other juridical entity) the
identification of the owners, directors (if any) and day to day management and
officers of the Project Proponent;
c) identification of the IEE experts, including which expert is responsible for
which part of the IEE Report;
d) description of the surrounding environmental conditions of the Project
including maps of all relevant physical, biological, social, socio-economic and
cultural features;
e) identification and assessment of potential Adverse Impacts including
presentation of Adverse Impacts on maps, images, aerial photos and satellite
images;
f)
results of the public consultation / public participation process and the Project
Proponent's written response to comments received during that process;
g) the environmental protection measures of the Project;
h) the conclusion of the IEE;
i)
the EMP; and
j)
the Persons, Organizations and Budgets needed for implementation of the
EMP.
Submission of IEE Report
27.
After completing all investigations and public consultation and participation processes
required for IEE type Projects, the Project Proponent shall submit the IEE Report for
the Project to the Ministry in both digital form and complete paper copies, together
with the required service fee.
28.
Not later than ten (10) days after submission of the IEE Report to the Ministry, the
Project Proponent shall disclose the IEE Report to civil society, PAPs, local
communities and other concerned stakeholders by means of local media (i.e.,
newspapers, etc.), at public meeting places (e.g., libraries, community halls) and at
the offices of the Project Proponent.
Review and Approval Process for IEEs
29.
Upon receipt of the IEE Report from the Project Proponent, the Ministry shall:
a) disclose the IEE Report to the public by proper media;
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b) invite comments and suggestions on the IEE Report from all relevant parties
including relevant government organizations, institutions, civil society
organizations, and PAPs, as appropriate;
c) arrange public consultation meetings at the local level, at which the Project
Proponent shall present the IEE Report; and
d) collect and review all comments and recommendations received and make a
final decision on approval of the IEE Report.
30.
If it is determined by the Ministry that the IEE Report does not satisfy requirements,
then the Project Proponent shall be called upon to undertake necessary amendments
and/or to provide supplementary information as directed by the Ministry.
31.
Upon completion of its review of the IEE Report, the Ministry shall;
a) approve the IEE Report, subject to any conditions as may be prescribed, and
issue an ECC; or
b) require that the Project undergo EIA and cite the reasons for this decision and
inform the Project Proponent of its decision; and in either case
c) publicly disclose its decision.
32.
The Ministry shall deliver its final decision within sixty (60) days of receipt of an IEE
Report. If the Ministry requires an IEE Report to be amended, then the due date for
delivery of the Ministry's decision shall be extended accordingly.
33.
All costs incurred in completing the IEE Report disclosure and review, including the
public consultation process, shall be borne by the Project Proponent.
CHAPTER V.
Environmental Impact Assessment
EIA Process
34.
The EIA process is described in the diagram in Annex 2.
35.
Prior to commencement of the EIA, the Project Proponent shall inform to the Ministry
in writing as to the identity of the organization(s) and/or person(s) it has selected to
undertake the EIA investigation and reporting.
36.
Upon receipt of the information about the identity of the proposed organization(s)
and/or person(s) selected by the Project Proponent to undertake the EIA, the Ministry
will check to confirm that such organization(s) and/or person(s) has been duly
registered, and is then in good standing, with the Ministry.
Scoping
37.
All EIA Type Projects shall undergo Scoping.
38.
The Project Proponent shall be responsible to ensure that the Scoping and the
preparation of the TOR for the EIA Report are undertaken in a professional manner
and in accordance with this Procedure and any applicable guidelines issued or
adopted by the Ministry.
39.
The Scoping shall, in respect of the proposed Project:
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a) define the study area, area of influence, time boundaries, project phases, and
potential stakeholders;
b) start the process of understanding the applicable regulations and standards,
and their context for Project design and completion of the EIA;
c) make a provisional identification of Environmental, Social and, if any, Health
Impacts, focusing in particular on the environmental, social and health issues
that need to be addressed in subsequent EIA studies;
d) provide an indication of what baseline data and information are required, and
how it is proposed to obtain it (although there is no need to actually collect
any data at this stage);
e) provide an opportunity for consultants, relevant authorities, project
developers, interested and affected parties to express their views and
concerns regarding the proposal before an EIA proceeds;
f)
enable an efficient and comprehensive assessment process that saves time,
resources, costs and delays; and
g) identify potentially affected communities and other stakeholders with an
interest in the Project.
40.
As part of the Scoping, the Project Proponent shall ensure that the following public
consultation and participation process is carried out:
a) disclose information about the proposed Project to the public and civil society
through local media, including by means of the prominent posting of legible
sign boards and advertising boards at the Project site which are visible to the
public; and
b) arrange the required complement of consultation meetings as advised by the
Ministry, with local communities, potentially PAPs, local authorities,
community based organizations, and civil society.
41.
The Project Proponent shall prepare a Scoping Report with the following content:
a) Executive Summary
b) Context of the Project
c) Overview of the Policy, Legal and Institutional Framework
d) Project Description and Alternatives
e) Description of the Environment together with maps in proper scale indicating
all relevant features, images, aerial photos and satellite images
f)
Key Potential Environmental Impacts and Mitigation Measures
g) Public Consultation and Disclosure
h) Conclusions and Recommendations.
42.
Based on the Scoping, the Project Proponent shall prepare the TOR for the EIA
investigations in accordance with applicable guidelines issued or adopted by the
Ministry.
43.
The Project Proponent shall submit the completed Scoping Report and TOR to the
Ministry for review and approval.
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44.
The Ministry will within fifteen (15) days of receipt of the Scoping Report and TOR
either:
a) approve the Scoping Report and TOR with or without conditions, or
b) require the Project Proponent to revise the Scoping Report and TOR in
accordance with comments of the Ministry.
EIA Investigation
45.
The Project Proponent shall ensure that the EIA investigation properly addresses all
Adverse Impacts and is undertaken in accordance with the approved TOR.
46.
An EIA investigation shall consider all biological, physical, social, economic, health,
cultural and visual components of the environment, together with all pertinent legal
matters relating to the environment (including land use, resources use, and
ownership of and rights to land and other resources) that may be affected by the
Project during all project phases including pre-construction, construction, operation,
decommissioning, closure, and post-closure; and shall identify and assess all
Adverse Impacts and risks for environment, social and, if relevant, health that
potentially could arise from the Project.
47.
The investigations shall include all necessary data collection, technical studies,
modeling, field surveys, field sampling, laboratory analysis, engineering designs and
calculations, and consultations to determine and document that all feasible measures
are taken to ensure that all Residual Impacts are within standards and are
acceptable to the Ministry and interested and affected persons.
48.
The investigation shall also include an analysis of Alternatives. Such analysis shall
include a description of each Alternative, and an assessment and comparison of the
Adverse Impacts, required mitigation measures and Residual Impacts of the
Alternatives.
49.
The Project Proponent is obliged to use, comply with and refer to applicable national
standards, international standards adopted by the Government and/or the Ministry,
or, in the absence of relevant national or adopted international standards, such
standards as may be agreed with the Ministry.
50.
The EIA shall consider the views, concerns, and perceptions of stakeholders,
communities and individuals that could be affected by the Project or who otherwise
have an interest in the Project. The EIA should include the results of public
consultations and negotiations with the affected populations on the environmental
and social issues. Public concerns should also be taken into account in assessing
impacts, designing mitigation measures, and selecting monitoring parameters.
51.
As part of the EIA investigations, the Project Proponent shall undertake the following
consultation process:
a) timely disclosure of all relevant information about the proposed Project and its
likely Adverse Impacts to the public and civil society through local and
national media, the website of the Project Proponent, at public places such as
libraries and community halls and sign boards at the Project site visible to the
public
b) arrange consultation meetings at national, state and local level with PAPs,
authorities, community based organizations, and civil society;
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c) consultations with concerned government organizations including the
Ministry, the concerned sector ministry, regional government authorities, and
others; and
d) field visits for the Ministry and concerned government organizations.
EIA Report Requirements
52.
The Project Proponent shall issue a letter of endorsement in a format prescribed by
the Ministry. Such letter shall be submitted to the Ministry together with the EIA
Report confirming:
a) the accuracy and completeness of the EIA;
b) that the EIA has been prepared in strict compliance with applicable laws
including this Procedure and with the TOR for the EIA; and
c) that the Project will at all times comply fully with the commitments, mitigation
measures, and plans in the EIA Report.
53.
The Project Proponent is responsible for the preparation of an EIA Report which shall
contain the following:
1.0 Executive Summary
2.0 Introduction
2.1 Presentation of the Project Proponent / Project developer
2.2 Presentation of the Environmental and Social Experts
2.3 Presentation of the Health Experts
3.0 Policy, Legal and Institutional Framework
3.1 Corporate Environmental and Social Policies (if applicable)
3.2 Policy and Legal Framework, including existing laws and rules, other related
environmental law and rules, International Conventions, Treaties and
Agreements, and international standards, guidelines
3.3 Institutional Framework
3.4 Project’s Environmental and Social Standards
3.5 Health Standards for Projects with Health Impacts
4.0 Project Description and Alternative Selection
4.1 Project Background
4.2 Project Location, overview map and site layout maps
4.3 Comparison and Selection of Alternatives
4.4 Description of the Selected Alternative(s) by project phase (preconstruction, construction, operation, decommissioning, closure and post
closure)
5.0 Description of the Surrounding Environment
5.1 Setting the Study Limits
5.2 Methodology and Objectives
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5.3
Physical Components including topographic maps, water resources map,
geology maps, soil maps hydrology / hydrogeology data and maps,
environmental quality data and climate data
5.4 Biological Components including biodiversity maps, vegetation cover
maps
5.5 Socio-Economic Components including land use maps, population
distribution, maps of other socio-economic indicators
5.6 Cultural Components including maps with location of cultural, historical,
and religious importance
5.7 Visual Components including landscape and three dimensional models
6.0 Impact and Risk Assessment and Mitigation Measures
6.1 Impact Assessment Methodology
6.2 For each Project phase (pre-construction, construction, operation,
decommissioning, closure, and post closure) identify potential physical,
biological, social, socio-economic, health, cultural, and visual impacts; this
shall include identification of potential impacts on climate change such as
greenhouse gas emissions and loss of carbon sinks or stocks, and
identification of impacts of climate change on the Project based on
available climate change predictions from designated national authorities
or international scientific research bodies; and develop mitigation
measures, assess Residual Impacts and prepare a comprehensive
monitoring plan
6.3 Relevant maps in proper scale clearly indicating the location of sources of
Adverse Impacts, images, aerial photos, satellite images, the areas,
people, assets or features impacted, sensitive habitats, vulnerable areas
or settlements and the nature of the impacts
7.0 Cumulative Impact Assessment
7.1 Methodology and Approach
7.2 Cumulative Impact Assessment
8.0 Environmental Management Plan
8.1 Project Description
8.2 Project’s Environmental, Social and, where relevant, Health Policies and
Commitments, legal requirements and institutional arrangements
8.3 Summary of Impacts and Mitigation Measures
8.4 Management and Monitoring Plans by Project phase Pre-Construction,
Construction, Operation and Decommissioning, closure and post-closure
8.4.1 Content of each Sub-Plan Objectives
8.4.1.1 Legal Requirements
8.4.1.2 Overview maps and site layout maps, images, aerial photos,
satellite images
8.4.1.3 Management Actions
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8.4.1.4 Monitoring Plans
8.4.1.5 Implementation Schedule
8.4.1.6 Responsibilities
8.4.2 Management and Monitoring Plans (Examples)
8.4.2.1 Thematic Sub-Plans: Noise, waste, air quality, odor,
chemicals, water quality, erosion and sedimentation, biodiversity,
occupational and community health and safety, cultural heritage,
employment and training
8.4.2.2 Site Specific Sub-Plans
8.4.3 Emergency Plan
8.4.4 Public Consultation and Disclosure
9.0 Public Consultation and Disclosure
9.1 Methodology and approach
9.2 Summary of consultations and activities undertaken
9.3 Results of Consultations
9.4 Further ongoing Consultations
9.5 Disclosure
Submission of EIA Report
54.
After completing all investigations and public consultation and participation processes
required for EIA Type Projects, the Project Proponent shall submit the EIA Report to
the Ministry in both digital form and complete paper copies, together with the required
service fee.
55.
Not later than ten (10) days after submission of the EIA Report to the Ministry, the
Project Proponent shall disclose the EIA Report to civil society, PAPs, concerned
government organizations, local communities and other concerned stakeholders by
means of national media, the website of the Project Proponent, at public meeting
places (e.g., libraries, community halls) and at the offices of the Project Proponent.
56.
Upon receipt of the EIA Report, the Ministry will make the EIA Report publically
available.
Review and Approval Process for EIA
57.
Upon receipt of the EIA Report from the Project Proponent, the Ministry shall:
a) submit the EIA Report to the EIA Report Review Body for comment and
recommendations;
b) disclose the EIA Report to the public by proper media;
c) invite comments and suggestions on the EIA Report from all relevant parties
including involved government organizations, institutions, civil society
organizations, and PAPs, as appropriate;
d) arrange public consultation meetings at national and State / Regional / local
levels where the Project Proponent shall present the EIA Report; and
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e) collect and review all comments and recommendations received, including
those of the EIA Report Review Body, and make final decision on approval of
the EIA Report.
58.
If it is determined by the Ministry that the EIA Report does not satisfy requirements,
then the Project Proponent shall be called upon to undertake the necessary
amendments as directed by the Ministry. The Ministry shall deliver its final decision
within ninety (90) days of receipt of the EIA Report. In case of complex projects, or if
the Ministry requires the EIA Report to be amended, then the timeline will be
extended accordingly.
59.
All costs incurred in completing the EIA Report disclosure and review, including the
public consultation process, shall be borne by the Project Proponent.
60.
Upon completion of its review of the EIA Report, the Ministry shall;
a) approve the EIA Report, subject to any conditions as may be prescribed, and
issue an ECC; or inform the Project Proponent of its decision to reject the EIA
Report and cite reasons for doing so (grounds for rejection of an EIA Report
shall be in accordance with guidelines to be issued by the Ministry); and in
either case
b) publicly disclose its decision.
Appeal Process
61.
Any Project Proponent, Person or organization which has submitted an EIA in
accordance with this Procedure, or government organization, or other Person or
organization potentially affected by any Adverse Impacts of the Project, shall have
the right to file an appeal to the Environmental Conservation Committee with respect
to a decision by the Minister to reject or approve an EIA Report, provided, however,
that no appeal of a decision by the Minister to reject an EIA Report shall be allowed,
except where the appellant has specifically alleged that such rejection was not duly
made in accordance with this Procedure or that such rejection was based upon an
unsubstantiated or unjustified decision by the Minister. No condition prescribed by
the Ministry shall be subject to appeal by a Project Proponent. No multiple appeals
by any Project Proponent, Person or organization which has submitted an EIA in
accordance with this Procedure, or government organization, or other Person or
organization potentially affected by any Adverse Impacts of the Project shall be
allowed with respect to a decision by the Minister to reject or approve an EIA Report
62.
Any appeal allowed to be filed under this Procedure must be submitted to the
Ministry within thirty (30) days of the date on which the Ministry's decision to approve
or reject the EIA Report was publicly disclosed.
63.
With respect to any appeals allowed to be filed under this Procedure that are
received by the Ministry within the appeal submission period, the Ministry shall, within
fifteen (15) days of such receipt, forward that appeal to the Environmental
Conservation Committee for consideration.
64.
The Environmental Conservation Committee, shall within thirty (30) days of its receipt
of a forwarded appeal from the Ministry, consider that appeal and make a decision to:
a) uphold the decision of the Ministry, or
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b) instruct the Ministry to require the Project Proponent to revise and resubmit
the EIA Report to the Ministry, or
c) instruct the Ministry to alter, revise or cancel its decision on the EIA Report
and cite its grounds for such instruction.
65.
The Environmental Conservation Committee shall inform the Ministry, the appellant
and the Project Proponent about its decision.
66.
The Ministry shall, upon receipt of the decision from the Environmental Conservation
Committee, publicly disclose any reversal or modification of its decision concerning
an EIA Report.
CHAPTER VI.
Environmental Consideration in Project Approval
Project Approval Requirements
67.
For Projects that require an IEE or EIA, before any permit is granted or issued by any
ministry, or any other competent authority in respect of any application to proceed
with implementation of such Projects, an ECC shall first have been duly issued by the
Ministry in accordance with this Procedure. Relevant departments and organizations
of the government may submit a Project Proposal to the Ministry to obtain a
preliminary confirmation from the Ministry as to whether an EIA will be required or not
for that Project.
68.
When the Myanmar Investment Commission or the relevant authority has given
approval to a Project for which an ECC has been issued, it shall communicate such
approval to the Ministry. Upon receipt of the written approval by the Myanmar
Investment Commission or the relevant authority, the Project Proponent shall
commence implementation of the Project strictly in accordance with the conditions
attached to the ECC and including the EMP, within such time as may be prescribed
by the Ministry.
Environmental Compliance Certificate, Conditions and Revisions to
Conditions
69.
The ECC issued by the Ministry shall be valid from the date of such issuance for an
initial period of two (2) years (during construction and otherwise before the
commencement of commercial operation) or five (5) years (commencing from
commercial operations), as the case may be. Following its issuance, the ECC can be
renewed in increments of two (2) years (until such time as commercial operation has
commenced) or five (5) years (if commercial operations have already commenced),
in either case in accordance with revised conditions as the Ministry may determine in
accordance with Article 75. The preparation and approval of an updated Construction
Phase EMP or an updated Operational Phase EMP, as the case may be, in
accordance with Articles 78, 79 and 80, shall be a condition to the renewal or
extension of an ECC.
70.
The Project Proponent shall commence substantial implementation of the Project
within such initial two (2) year period, and shall not later than thirty (30) days after
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such commencement notify the Ministry in writing of the date of commencement, and
identify the activities constituting substantial implementation of the Project.
71.
The Project Proponent shall be required to carry out and submit for the Ministry's
approval a new assessment (IEE or EIA, as the case may be) if substantial Project
commencement has not occurred within two (2) years after obtaining the ECC,
unless the Project Proponent has applied in writing providing reasons why it has not
been able to commence substantial implementation of the Project, indicating what
further period of time is needed before substantial commencement of the Project can
take place, and the Ministry has in its discretion granted an extension.
72.
An ECC is granted in respect of a specific, clearly identified Project and constitutes a
site-specific environmental approval, which is not valid in respect of any different site.
The ECC must clearly specify:
a) The registered name and registered office address of the Project Proponent /
Project Owner to whom the ECC is issued;
b) The documentation (EIA/IEE Report) that the Project Proponent submitted to
the Ministry and on the basis of which the ECC has been issued;
c) A map, images, aerial photos and satellite images showing the geographic
location(s) of the Project and each of its components;
d) The Project type and layout with an overview of activities, installations,
operations, production capacity, production methods, and waste generation;
and
e) Project phases and the timing (commencement and conclusion dates of each).
73.
The Ministry may prescribe conditions of an ECC. Such conditions may encompass
any or all of:
a) 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;
b) 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;
c) Use of energy and natural resources: amounts, type, origin of resource, rates,
effectiveness of use, waste generation;
d) 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;
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e) 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;
f)
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;
g) 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;
h) 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;
i)
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;
j)
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;
k) 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;
l)
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;
m) Financial guarantee: (i) type of guarantee, (ii) amount, (iii) timing, (iv)
application, (v) type and financial capacity of guarantor;
n) Funding of inspection by the Ministry: (i) amounts, (ii) payment procedure, (iii)
timing and frequency.
74.
The Ministry may, on the joint application of a Project Owner and a proposed
transferee, transfer to the proposed transferee an ECC or any part of an ECC.
75.
The Ministry may unilaterally modify conditions in the ECC and/or require the Project
Proponent to revise and resubmit the EMP to the Ministry for review and approval, if
at any time the Ministry determines that:
a) the mitigation measures are insufficient or inadequate to mitigate the actual or
likely impacts of the Project; or
b) new information becomes known as to how harmful the Adverse Impacts of
the Project are, or are likely to be or become; or
c) the Project has Adverse Impacts which could not be foreseen at the time the
originally approved EIA Report and EMP were approved; or
d) the Adverse Impacts of the Project are greater than those anticipated impacts
that formed the basis for the preparation, submission, and approvals of the
20
original EIA Report and EMP and the issuance of the ECC and Conditions
therein; or
e) new techniques conforming to the definition of Best Available Techniques are
available which would significantly reduce the Adverse Impacts of the Project;
or
f)
the Adverse Impacts of the Project can be reduced through adherence to
Good Practice without commercially significant extra cost to the Project; or
g) the measures / conditions are unnecessary to mitigate the Adverse Impacts.
76.
In case of major changes in size, scope, location, layout, technology, risk associated
with foreseeable Adverse Impacts, production methods or pollution prevention /
mitigation measures of the Project, or an extension or second phase development is
proposed, the Project Proponent shall notify the Ministry and provide supporting
documentation of such changes within the timeframe as may be prescribed.
77.
The Ministry shall, upon consideration of the supplemental documentation, if any,
make a decision on modifications to the conditions in the ECC or require that a new
EIA or IEE, as the case may be, shall be prepared and submitted.
78.
For EIA Type Projects with comprehensive construction works, the Ministry may
include as a condition in the ECC that the Project Proponent shall prepare and
submit to the Ministry a detailed Construction Phase EMP for review and approval
prior to the intended start of construction works of the Project.
79.
For EIA Type Projects, the Ministry may include as a condition in the ECC that the
Project Proponent shall prepare and submit to the Ministry a detailed Operational
Phase EMP for review and approval prior to the intended start of operations of the
Project.
80.
The Ministry may require that a Construction Phase EMP or Operational Phase EMP,
as the case may be, shall be periodically updated and resubmitted to the Ministry for
its review and approval.
81.
The Project Proponent / Project Owner shall incorporate all relevant environmental
commitments and requirements set forth in the EIA Report, Construction Phase EMP
and/or Operational Phase EMP as the case may be, and in the ECC, applicable
Emission Limit Values and Environmental Quality Standards, into detailed designs,
construction contract specifications, and contracts on Project operations related to
any part of the Project.
82.
In case the Ministry finds that changes to the Project, the Project site or Adverse
Impacts of the Project warrant revisions to the EMP, Construction Phase EMP, or
Operational Phase EMP as the case may be, then the Ministry may require the
Project Proponent to prepare and submit a revised EMP, Construction Phase EMP,
or Operational Phase EMP, as the case may be to the Ministry for review and
approval.
Responsibility for all Adverse Impacts
83.
The Project Owner shall bear full legal and financial responsibility for all Adverse
Impacts and all actions and omissions of itself and its contractors, subcontractors,
officers, employees, agents, representatives, and consultants employed, hired, or
21
authorized by the Project acting for or on behalf of the Project, in carrying out work
on the Project.
84.
The Project Owner shall fully implement the EMP, all Project commitments, and
Conditions, and is liable for ensuring that all contractors and subcontractors of the
Project comply fully with all Applicable Laws, the EMP, Project commitments and
Conditions when providing services to the Project.
85.
The Project Proponent / Project Owner shall be responsible for, and shall fully and
effectively implement, all requirements set forth in the ECC, applicable laws, and
standards.
CHAPTER VII.
Monitoring
86.
The Project Owner shall, during all phases of the Project (pre-construction,
construction, operation, decommissioning, closure and post closure), engage in
continuous, pro-active and comprehensive self-monitoring of the Project and
activities related thereto, all Adverse Impacts, and compliance with applicable laws
and standards, the ECC, and the EMP.
87.
The Project Owner shall notify and identify in writing to the Ministry any breaches of
its obligations or other performance failures or violations of the ECC and the EMP as
soon as reasonably possible and in any event, in respect of any breach which would
have a serious impact or where the urgent attention of the Ministry is or may be
required, within not later than twenty-four (24) hours, and in all other cases within
seven (7) working days of the Project Proponent becoming aware of such incident.
88.
The Project Owner shall submit monitoring reports to the Ministry not less frequently
than every six (6) months or periodically as provided in a schedule in the EMP.
89.
The monitoring reports shall include:
a) documentation of compliance with all Conditions;
b) progress made to date on implementation of the EMP against the submitted
implementation schedule;
c) difficulties encountered in implementing the EMP and recommendations for
remedying those difficulties and steps proposed to prevent or avoid similar
future difficulties;
d) number and type of non-compliance with the EMP and proposed remedial
measures and timelines for completion of remediation;
e) accidents or incidents relating to the occupational and community health and
safety, and the environment; and
f)
90.
monitoring data of environmental parameters and conditions as committed in
the EMP or otherwise required.
The Project Owner shall within ten (10) days of completing a monitoring report
contemplated in Articles 88 and 89 in accordance with EMP schedule make the
report publicly available on the Project’s website, at a designated public office as
agreed with the Ministry and at the Project offices. Any organization or person may
22
request a digital copy of a monitoring report and the Project shall, within ten (10)
days of receiving such request, submit a digital copy via email or as may otherwise
be agreed upon with the requestor.
Monitoring and Inspection of the Ministry
91.
The Ministry has the right, using its own officers at national, regional, state and/or
local offices, the services of any consultant, or both, to conduct monitoring and
inspections of a Project and activities related thereto in order to control and
determine compliance by the Project with all applicable environmental and socioeconomical requirements and, where possible, to prevent violations of the Project’s
obligations.
92.
If, upon inspection, the Ministry identifies any non-compliance with the EMP or
Conditions in the ECC, the Ministry may require the Project Proponent to undertake
remedial measures and/or may impose penalties as provided for in this Procedure.
93.
For purposes of monitoring and inspection, the Project Owner shall grant to the
Ministry and/or its representatives, at any time during normal working hours and from
time to time as and when the Ministry may reasonably require, access to the
Project’s offices and to the Project site and any other location at which the Project
activities or activities related to the Project are performed.
94.
In carrying out any inspection, the Ministry may take photographs and make other
audio and video recordings of any type, take soil, sediment, water, and air samples,
and examine computers, copy documents including digital files, interview persons,
and carry out any other investigation which the Ministry believes to be necessary or
appropriate.
95.
In the event of an emergency, or where, in the opinion of the Ministry, there is or may
exist a violation or risk of violation of the compliance by the Project with all applicable
environmental and social requirements, the Project shall grant full and immediate
access to the Ministry at any time as may be required by the Ministry, including
outside normal working hours.
96.
The Ministry’s inspections may include without limitation sites, facilities, vehicles,
computers, archives, documents and all other forms and types of media and
information storage, and persons.
97.
The Project shall further ensure that the Ministry’s rights of access hereunder shall
extend to access by the Ministry to the Project’s contractors and subcontractors.
98.
Where, in the opinion of the Ministry, the Project is not in compliance with its
obligations, the Ministry shall promptly inform the Project.
99.
The Ministry may recommend and warn the Project to strictly implement its
obligations. The Ministry reserves the right to post any warning on the Ministry
website or to require the Project to post and retain such warning on the Project’s
website, or both, or to effect disclosure to the public in other appropriate ways.
100.
The Ministry shall indicate the manner in which environmental obligations are not
being complied with, and shall give the Project a specified time period (determined by
the Ministry to be reasonable under the circumstances) within which to bring the
Project into compliance.
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101.
Where, in the opinion of the Ministry, the Project Proponent / Project Owner is not in
compliance with, or is likely not to comply with, its environmental obligations, the
Ministry may take such enforcement actions as the Ministry thinks appropriate as are
set out in any applicable law, including without limitation the right to suspend the
Project operation, and the right of the Ministry to employ any third party to correct
such non-compliance at the Project Proponent's / Project Owner’s sole expense.
102.
All costs of the Ministry to conduct inspection and monitoring of the Project shall be
borne by the Project. Such costs shall not exceed that which is necessary to ensure
the Project’s compliance with the Project commitments as set out in the EMP and in
the ECC.
CHAPTER VIII.
Penalties
103.
The Ministry shall have the right to impose penalties on a Project for any breach by
the Project, the Project Proponent / Project Owner, or any contractor or subcontractor
of the Project or any other Person acting on behalf of the Project, of commitments as
set forth in the EMP or the ECC.
104.
Penalties and the risk of their incurrence are intended to provide meaningful incentive
for the Project promptly and fully to remedy any breaches or performance defects
with respect to the Project’s commitments, and to encourage the Project pro-actively
to address and effectively to resolve the underlying causes of such breaches or
performance defects to avoid future recurrences.
105.
The imposition of such penalties on Company shall be subject to:
a) with respect to the first occurrence of any such breach, violation or
performance failure, receipt by Company of prior written notice and expiration
of a reasonable cure period not exceeding sixty (60) days.
b) the Project shall not be entitled to receive any warning or receive the benefit
of any cure period with respect to the recurrence of any such breach, violation
or performance failure that occurs within five (5) years from the date of the
initial breach, violation or performance failure prior to the imposition of
applicable penalties by the Ministry.
106.
Penalties are imposed and required to be paid in addition to any costs of
remediation, clean-up, and compensation. Penalties imposed pursuant to this
Procedure are in addition to any penalties that may be imposed under any other
applicable law or regulation.
107.
The payment of penalties by the Project shall not relieve the Project of liability, if any,
for claims that may be asserted against the Project by third parties with respect to
damage incurred and/or injury suffered arising out of the Project’s performance or
any breaches or performance defects by the Project.
108.
Penalties payable to the Ministry under this Procedure are as set forth in Annex 3
‘Prescribed Penalties Under Procedure’ hereto.
109.
The Project Proponent shall disclosure to the Ministry all information regarding the
likely Adverse Impacts of the proposed Project. Failure to disclose information that is
or should have been known to the Project Proponent shall be an offence under the
24
Law and may also be grounds for rejection of the proposed Project, to suspend the
Project, to withdraw the approval, or to impose additional conditions.
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Annex 1
Categorization of Economic Activities for Assessment Purposes
a. This Annex provides guidance as to whether an IEE or EIA is required for any proposed
project or activity. If, as a result of that determination, an IEE or an EIA is determined to
be required, then the proponent of the project or activity will be obliged to prepare, obtain
approval for, and implement an appropriate EMP in respect of the proposed project or
activity. Any appeal from such determination must be made in accordance with the EIA
Procedure.
b. Projects and activities requiring an IEE are generally those which: (i) are limited in scope
or size; (ii) have well known environmental and social impacts; or (iii) have impacts which
can be mitigated and managed by well-proven and available technologies and practices
but with respect to which specific controls, measures and alternatives must be assessed,
designed and implemented. Projects and activities requiring an EIA are generally those
which: (i) involve multiple components and many or varied pollution sources and/or
pollutant types, requiring integrated environmental management plans to be tailored
specifically to mitigate such pollution; (ii) are characterized by a high risk of significant,
adverse environmental or social impact; (iii) are of a type or size for which there is a lack
of prior knowledge and experience as to what the potential adverse impacts may be and
their size or significance; (iv) where the significance of the potential environmental or
social impacts or the sensitivity/vulnerability of the recipients of those impacts requires a
high level of environmental and social management expertise and skills, and continued
strict control and supervision throughout the life of the project or activity.
c. Any proposed project or activity which has been determined not to require an EIA or IEE
(whether because it is below the indicated IEE threshold or is not listed in the
categorization below) shall nonetheless be subject to the imposition of any conditions
deemed appropriate by the Ministry as part of the review, approval and permitting
procedure of the Government.
d. Notwithstanding any categorization set forth in this Annex, the Ministry reserves the right,
if the Ministry determines that special circumstances so warrant: (i) to require a project or
activity that would otherwise be required to complete and submit an IEE to complete and
submit an EIA instead, (ii) to allow a project or activity that would otherwise be required
to complete and submit an EIA to complete and submit an IEE instead, and (iii) to
exempt from completing any IEE or EIA assessment a project or activity that would
otherwise be required to complete and submit such an assessment.
e. For any preliminary activities to be carried out by or on behalf of a proponent of a project
or activity before the Ministry has determined whether the project or activity is obliged to
carry out an IEE or EIA, the Ministry shall have the right to establish and impose
requirements with respect to those preliminary activities, which the project or activity
proponent shall be obliged to comply with as a condition to engaging in those preliminary
activities.
f.
For purposes of this Annex, the Ministry may in its discretion elect to treat projects or
activities that are logically or economically linked, or which have the same or related
proponents, or which are sequential in time, as a single project or activity. Components
of basic infrastructure (such as an access road, transmission tower or waste disposal
facility) that are required for a larger project (such as a mine or a power plant) shall be
considered to be part of that larger project. In such circumstances, the Ministry may
determine whether an IEE or an EIA will be required for the projects or activities that are
treated as a single project or activity.
26
g. All projects and activities, whether categorized in this Annex as requiring an IEE, an EIA,
nor neither: (i) are obliged to obtain all required authorizations, permits, licenses and
approvals and to comply with all applicable laws, regulations, procedures, ministerial
directives, zoning, planning requirements and other governmental requirements, and (ii)
shall remain subject to any environmental and / or social conditions which the Ministry
may impose as a condition to the commencement or continuation of construction or
operation of that project or activity.
h. An EIA is required in all cases where the project or activity will be located in or will have
foreseeable adverse effects on any legally protected national, regional or state area,
including without limitation: (i) a forest conservation area (including biodiversity reserved
area); (ii) a public forest; (iii) a park (including marine parks); (iv) a mangrove swamp; (v)
any other sensitive coastal area; (vi) a wildlife sanctuary; (vii) a scientific reserve; (viii) a
nature reserve; (ix) a geophysically significant reserve; (x) any other nature reserve
nominated by the Minister; (xi) a protected cultural heritage area; and (xii) a protected
archeological area or area of historical significance.
i.
When used in this Annex, terms such as "forest", "industrial", "large scale", "park" and
"reserve" shall be interpreted in accordance with relevant legislation, except where the
Ministry has provided a definition or clarification, in which case that definition or
clarification shall be the basis for interpretation.
j.
If an existing project has not required, or a proposed future project will not under this
Annex require, an IEE or EIA (as the case may be), but a proposed expansion of that
project, when considered together with the original project as a single combined project,
would cause that project to require an IEE or EIA (as the case may be), then the Ministry
shall determine whether an IEE or EIA (as the case may be) of the original project plus
the proposed expansion shall be required and / or whether an updated, revised EMP
shall be required.
k. If an owner of an existing project or activity intends to expand that project or activity, then
the Ministry shall consider and use the type and size thresholds specified in the
categorization below as the basis for determining whether such expanded project or
activity will be required to conduct any additional assessment, either in the form of an
IEE or an EIA.
l.
If a production capacity included in the categorization below has not been explicitly
expressed as a total production capacity (e.g. installed capacity for energy production),
then the applicable production capacity threshold shall be the total production output
under normal operations.
m. The Ministry reserves the right to interpret, clarify and amend this Annex from time to
time as and when it deems necessary.
27
No.
Type of Economic Activity
Criteria for IEE Type Economic
Activities1
Criteria for EIA Type Economic
Activities2
SPECIAL INVESTMENT PROJECTS
1.
sProjects in which investment is decided by
pthe Parliament or the President
e
All sizes
ENERGY SECTOR DEVELOPMENT
1
2.
Hydro Power Plants
3.
Nuclear Power Plants
4.
Natural Gas or Bio Gas Power Plants
5.
Coal-fired Power Plants
6.
Installed capacity ≥ 1 MW but < 15 MW
and
Reservoir volume (full supply level) <
3
20,000,000 m
and
Reservoir area (full supply level) < 400 ha
Installed capacity ≥ 15 MW
or
Reservoir volume (full supply level) ≥
3
20,000,000 m
or
Reservoir area (full supply level) ≥ 400 ha
All sizes
≥ 5 MW but < 50 MW
≥ 50 MW
< 10 MW
≥ 10 MW
Thermal Power Plants other than the types in
items 4 and 5
≥ 5 MW but < 50 MW
≥ 50 MW
7.
Wind Power Plants
≥ 1 MW but < 50 MW
≥ 50 MW
8.
Geothermal Facilities
≥ 1 MW but < 50 MW
≥ 50 MW
9.
Solar Power Plants
≥ 1 MW but < 5 MW
≥ 5 MW and ≥ 100 ha
< 10 km
≥ 10 km
10.
Oil or Gas Transmission or Distribution
Systems
11.
Petroleum Refineries or Natural Gas
Refineries
All sizes
In general, when criteria for an economic activity are grouped together with “and” all such criteria must be met. This means for example that to be categorized as an IEE
type economic activity, the economic activity must meet all the IEE criteria that are grouped together with “and” for that specific economic activity
2
In general, when criteria for an economic activity are grouped together with “or” at least one of such criteria must be met. This means for example that to be categorized
as an EIA type economic activity, the economic activity must meet at least one of the EIA criteria that are grouped together with “or” for that specific economic activity
No.
Type of Economic Activity
Criteria for IEE Type Economic
Activities1
Criteria for EIA Type Economic
Activities2
(Include manufacturing of liquefied petroleum
gas (LPG), Mo-Gas (motor gasoline),
kerosene, diesel oil, heating oil, fuel oil,
bitumen, asphalt, sulphur, and intermediate
products (e.g. propane / propylene mixtures,
virgin naphtha, middle distillate and vacuum
distillate) for the petrochemical industry)
12.
Oil or Natural Gas Terminals
All sizes
3
13.
Filling Stations (including Liquid Petroleum
Gas (LPG) and Compressed Natural Gas
(CNG)
> 10 m fuel storage capacity
All activities where the IEE process yields a
recommendation to do an EIA
14.
Petroleum Depot or Liquid Gas Depot
Storage capacity Petroleum < 10,000 t
Liquid gas < 2500 t
Storage capacity
Petroleum ≥ 10,000 t Liquid gas ≥ 2500 t
15.
Electrical Power Transmission Lines < 230 kV
< 50 km
≥ 50 km
16.
Electrical Power Transmission Lines ≥ 230 kV
17.
High Voltage Transformer Substations
< 10 ha
≥ 10 ha
18.
Petroleum or Gas Exploration by means of
Geophysical Drilling
All sizes
All activities where the IEE process yields a
recommendation to do an EIA
19.
Petroleum-based Organic Chemicals
Manufacturing
All sizes
20.
Natural Gas Processing Plants
Production of liquid petroleum products,
which may include naphtha, gasoline,
kerosene, diesel fuel, waxes, and lubes, or
methanol
All sizes
21.
Natural Gas Liquefaction Plants
All sizes
All sizes
29
AGRICULTURE AND FORESTRY DEVELOPMENT
22.
Plantation Crop Production (e.g. rubber, palm
oil, citrus fruits, cocoa, coffee, tea, bananas,
sugar cane)
≥ 200 ha but < 500 ha
≥ 500 ha
23.
Annual Crop Production (e.g. cereals, pulses,
roots, tubers, oil-bearing crops, fibre crops,
vegetables, and fodder crops)
≥ 500 ha but < 3,000 ha
≥ 3,000 ha
24.
Clear-cut Logging
< 500 ha
≥ 500 ha
25.
Concession Forest
< 10,000 ha
≥ 10,000 ha
26.
Irrigation Systems
≥ 100 ha but < 5,000 ha
≥ 5,000 ha
27.
Livestock Farms (e.g., cows, buffaloes,
horses, goats, sheep and others)
≥ 500 LSU but < 3,000 LSU
(LSU: Livestock Units)
≥ 3,000 LSU
28.
Farms for Poultry and Other Commercially
Raised Fowl
Poultry, ducks, turkeys ≥ 5,000 but < 20,000
Ostriches ≥ 50 but < 200
Quails ≥ 25,000 but < 100,000
Fowls ≥ 20,000
ostriches ≥ 200
quail ≥ 100,000
29.
Pig Farms
≥ 2,000 pigs but < 5,000 pigs
≥ 5,000 pigs
30.
Fish Raising and Aquaculture in ponds
Total pond area ≥ 10 ha
All activities where the IEE process yields a
recommendation to do an EIA
31.
Fish Raising and Aquaculture (raising fish in
cages in a river)
32.
Raising and Caring for Wild Animals
33.
Reptile Farms
2
≥ 1,000 m Facility surface area
or
≥ 100 t biomass design capacity
All activities where the IEE process yields a
recommendation to do an EIA
All sizes
All activities where the IEE process yields a
recommendation to do an EIA
alligators, monitor lizards or pythons
< 1,000 reptiles
other reptiles < 5,000 reptiles
≥ 1,000 alligators, monitor lizards or pythons
≥ 5,000 snakes or other reptiles
30
MANUFACTURING
Food and Beverages Manufacturing
34.
Meat Processing Plants (slaughter of cattle,
pigs, sheep and other livestock)
≥ 15 t/d but < 50 t/d carcase production
≥ 50 t/d carcase production
35.
Poultry Processing Plants (slaughter of
poultry and other commercially raised fowl)
≥ 15 t/d but < 50 t/d carcase production
≥ 50 t/d carcase production
36.
Fish Processing Plants
(fish, crustaceans, gastropods, cephalopods,
and
Bivalves. Includes by-products such as fish oil
and fish meals)
≥ 15 t/d but < 75 t/d
≥ 75 t/d
37.
Food and Beverage Processing Facilities
(processing of beef, pork, mutton and poultry
meats, vegetable, and fruit raw materials into
value-added food and non-fermented
beverage products for human consumption)
≥ 10 t/d but < 20 t/d
≥ 20 t/d
38.
Dairy Processing Plants
(reception, storage, and industrial processing
of raw milk and the handling and storage of
processed milk and dairy products)
≥ 200 t/d raw milk on annual average basis
All activities where the IEE process yields a
recommendation to do an EIA
39.
Manufacture of Animal Feeds
< 300 t/d product
and
< 600 t/d if the production is operating a
maximum of 90 d/a
≥ 300 t/d product
or
≥ 600 t/d if the production is operating a
maximum of 90 d/a
40.
Manufacture of Starches and Starch Products
< 300 t/d product
and
< 600 t/d if the production is operating a
maximum of 90 d/a
≥ 300 t/d product
or
≥ 600 t/d if the production is operating a
maximum of 90 d/a
41.
Manufacture of Grain Mill Products (grain
milling, rice milling, production of rice flour,
vegetable milling, manufacture of cereal
breakfast foods, manufacture of flour)
< 300 t/d product
and
< 600 t/d if the production is operating a
maximum of 90 d/a
≥ 300 t/d product
or
≥ 600 t/d if the production is operating a
maximum of 90 d/a
31
42.
Vegetable Oil Production and Processing
Facilities
< 300 t/d product
and
< 600 t/d if the production is operating a
maximum of 90 d/a
≥ 300 t/d product
or
≥ 600 t/d if the production is operating a
maximum of 90 d/a
43.
Sugar Manufacturing Plants
(including by-products such as ethanol)
< 300 t/d refined sugar
and
< 600 t/d if the production is operating a
maximum of 90 d/a
≥ 300 t/d refined sugar
or
≥ 600 t/d if the production is operating a
maximum of 90 d/a
44.
Alcohol, Wine and Beer Production Factories
(distilleries, wineries and breweries)
< 300 t/d product
and
< 600 t/d if the production is operating a
maximum of 90 d/a
≥ 300 t/d product
or
≥ 600 t/d if the production is operating a
maximum of 90 d/a
45.
Tobacco Processing Plants
< 15 t/d product
≥ 15 t/d product
Garments, Textiles and Leather Products
46.
Textile Manufacturing Facilities
(production of yarn, fabric, and finished goods
based on natural fibres, synthetic fibres
and/or regenerated fibres)
All sizes
All activities where the IEE process yields a
recommendation to do an EIA
47.
Leather Products Manufacturing (includes
synthetic leather, handbags, luggage, saddle,
footwear, etc.)
≥ 1,000 t/a
All activities where the IEE process yields a
recommendation to do an EIA
48.
Tanning and Leather Finishing
< 12 t/d finished products
≥ 12 t/d finished products
Wood Manufacturing
49.
Sawmilling and Manufactured Wood
Products
50.
Board and Particle-based Products
Manufacturing
(board and particle-based products, plywood
and glued and laminated Products, board
from other raw materials such as sugar cane
3
Sawmills: Input ≥ 3,000 m /a but < 50,000
3
m /a
3
Wood products: Input ≥ 1,000 m /a but <
3
15,000 m /a
3
< 600 m /d
3
Sawmills: Input ≥ 50,000 m /a
3
Wood products: Input ≥ 15,000 m /a
3
≥ 600 m /d
32
bagasse, straw, and linen)
51.
Pulp and/or Paper Mills
52.
Printing or other Surface Treatment facilities
(using organic solvents, in particular for
dressing, printing, coating, degreasing,
waterproofing, sizing, painting, cleaning or
impregnating)
≥ 20 t/d but < 50 t/d
≥ 50 t/d
≥ 6 kg/h but < 150 kg/h consumption of
organic solvents
≥ 150 kg/h
or
≥ 200 t/a consumption of organic solvents
Chemicals Manufacturing
53.
Large Volume Inorganic Compounds
Manufacturing and Coal Tar Distillation
(includes ammonia, acids (nitric, hydrochloric,
sulphuric, hydrofluoric, phosphoric acid),
chlor-alkali (e.g. chlorine, caustic soda, soda
ash, etc.), carbon black, and coal tar
distillation (naphthalene, phenanthrene,
anthracene)
All sizes
54.
Petroleum-based Polymers Manufacturing
Plants
All sizes
55.
Coal Processing Plants
(processing of coal into gaseous or liquid
chemicals including fuels)
All sizes
56.
Phosphate Fertilizer Manufacturing Plants
(include production of phosphoric acid, single
superphosphate (SSP), triplesuperphosphate
(TSP), and compound fertilizers (NPK))
All sizes
57.
Nitrogenous Fertilizer Production Plants
(include ammonia based nitrogenous
fertilizers, including ammonia (NH3), urea,
nitric acid (HNO3), ammonium nitrate, calcium
ammonium nitrate (CAN), ammonium
sulphate and mixed nitrogenous fertilizers)
All sizes
58.
Pesticide Manufacturing, Formulation, and
Packaging Plants
All sizes
33
59.
Oleochemicals Manufacturing Plants
(production of fatty acids, glycerin, and
biodiesel using fats and oils from vegetable or
animal sources)
All sizes
60.
Pharmaceuticals and Biotechnology
Manufacturing Plants
All sizes
61.
Rubber and Latex Processing Plants
62.
Explosives Manufacturing Plants
All sizes
63.
Other Basic Organic Chemicals
Manufacturing Plants
All sizes
64.
Other Basic Inorganic Chemicals
Manufacturing Plants
All sizes
65.
Other Chemical Products Manufacturing
Plants
(e.g. paints, inks, varnishes, soap,
detergents, perfumes, pyrotechnic products,
photographic chemicals)
66.
Glass Manufacturing Plants
67.
Ceramic Tile and Sanitary Ware
Manufacturing Plants
≥ 2,000 t/a
All activities where the IEE process yields a
recommendation to do an EIA
≥ 5 t/d but < 10 t/d
≥ 10 t/d
All sizes
All activities where the IEE process yields a
recommendation to do an EIA
≥ 1,000 t/a fine ceramics
≥ 10,000 t/a ceramic tiles
All activities where the IEE process yields a
recommendation to do an EIA
Construction industry
68.
Cement and Lime Manufacturing Plants
Cement < 30 t/h
Lime < 50 t/d
Cement ≥ 30 t/h
Lime ≥ 50 t/d
69.
Other Construction Supplies and Materials
Production
≥ 30,000 t/a but
< 50,000 t/a
≥ 50,000 t/a
70.
Asphalt Production Plants
< 100 t/d
≥ 100 t/d
Metal, Machinery and Electronics
71.
Metal, Plastic, and Rubber Products
2
≥ 1,000 m production area, or
All activities where the IEE process yields a
34
Manufacturing Plants
(material processing operations common to
multiple industries engaged in the
manufacture of metal, plastic, and rubber
products)
≥ 6 kg/h consumption of organic solvents
recommendation to do an EIA
72.
Base Metal Smelting and Refining Plants
(base metal smelting and refining of lead,
zinc, copper, nickel, and aluminium)
Ferrous metal < 20 t/d production capacity
Non-ferrous metal < 20 t/d melting capacity
except for lead and cadmium < 4 t/d melting
capacity
Ferrous metal ≥ 20 t/d production capacity
Non-ferrous metal ≥ 20 t/d melting capacity
except for lead and cadmium ≥ 4 t/d melting
capacity
73.
Steel Mills (manufacture of pig iron, raw or
low alloy steel)
< 2.5 t/h
≥ 2.5 t/h
74.
Foundries
(casting ferrous (iron and steel) and
nonferrous (primarily aluminium, copper, zinc,
lead, tin, nickel, magnesium, and titanium)
metals)
Ferrous metal < 20 t/d production capacity
Non-ferrous metal < 20 t/d melting capacity
except for lead and cadmium < 4 t/d melting
capacity
Ferrous metal ≥ 20 t/d production capacity
Non-ferrous metal ≥ 20 t/d melting capacity
except for lead and cadmium ≥ 4 t/d melting
capacity
75.
Semiconductors and Other Electronics
Manufacturing Plants
(manufacturing of semiconductors, printed
circuit boards (PCBs), printed wiring
assemblies (PWAs), screens, passive
components, and magnetic devices)
≥ 1,000 m production area, or
≥ 6 kg/h consumption of organic solvents
76.
Electronic and Electric Equipment
Manufacturing Plants
(Computers, communication equipment,
consumer electronics, laboratory equipment,
electric motors, electric lightning etc.)
77.
Batteries and Accumulators Manufacturing
Plants
78.
Machinery, Vehicles and Equipment
Manufacturing Plants
79.
Weapons and Ammunition Manufacturing
Plants
80.
Shipyards and Ship Building Enterprises
2
All activities where the IEE process yields a
recommendation to do an EIA
≥ 1,000 m production area, or
≥ 6 kg/h consumption of organic solvents
2
All activities where the IEE process yields a
recommendation to do an EIA
< 3,000 t/a
≥ 3,000 t/a
2
≥ 1,000 m production area, or
≥ 6 kg/h consumption of organic solvents
All activities where the IEE process yields a
recommendation to do an EIA
All sizes
< 1 ha
≥ 1 ha
35
and
< 20,000 t lifting capacity
81.
Domestic Appliances Manufacturing Plants
2
≥ 1,000 m production area, or
≥ 6 kg/h consumption of organic solvents
or
≥ 20,000 t lifting capacity
All activities where the IEE process yields a
recommendation to do an EIA
WASTE MANAGEMENT
Landfills < 10 t/d
and total capacity < 25,000 t
Others < 50 t/d
Landfills ≥ 10 t/d or total capacity ≥ 25,000 t
Others ≥ 50 t/d
Non-Hazardous Waste Incinerators
< 3 t/h
≥ 3 t/h
84.
Non-Hazardous Waste Recycling, Recovery
or Reuse Facilities
< 50 t/d
≥ 50 t/d
85.
Hazardous Waste Disposal Facilities
86.
Hazardous Waste Recycling, Recovery or
Reuse Facilities
87.
Wastewater Treatment Plants (centralized
systems)
88.
Wastewater and Storm Water Collection
Systems
82.
Non-Hazardous Waste Disposal Facilities
83.
All sizes
< 10 t/d
≥ 10 t/d
All sizes
Length ≥ 1 km but < 10 km
≥ 10 km
WATER SUPPLY
≥ 10,000 L/d but < 20,000 L/d
89.
Potable Water Treatment Plants
90.
Groundwater Development for Industrial,
Agricultural or Urban Water Supply
3
< 4,500 m /d
≥ 20,000 L/d
3
≥ 4,500 m /d
INFRASTRUCTURE AND SERVICE DEVELOPMENT
91.
Lake, River and Channel Land Filling which
impacts on the public
92.
Dams and Reservoirs
< 50 ha
≥ 50 ha
Dam height < 15 m
and
Reservoir area < 400 ha
Dam height ≥ 15 m
or
Reservoir area ≥ 400 ha
36
93.
Shipping
(operation and maintenance of ships used for
the transport of bulk cargo, and goods, and
ship breaking)
All sizes
All activities where the IEE process yields a
recommendation to do an EIA
94.
Telecommunications
(fixed line and wireless transmission
infrastructure, including long distance
terrestrial and submarine cables, radio and
television broadcasting, and associated
telecommunications and broadcasting
installations and equipment)
All sizes
All activities where the IEE process yields a
recommendation to do an EIA
95.
Ports, Harbours, and Terminals
(ports, harbours, and terminals for cargo and
passengers transfer)
< 25 ha
≥ 25 ha
96.
Hospitals
All sizes
All activities where the IEE process yields a
recommendation to do an EIA
97.
Golf courses
9 holes
18 holes
98.
Industrial Zone Construction and
Development
99.
Tourism and Hospitality Development
All sizes
≥ 80 rooms but < 200 rooms
and
2
total utilization area ≥ 4,000 m but < 10,000
2
m
≥ 80 rooms
or
2
total utilization area is ≥ 10,000 m
100.
Cemeteries and Crematoria
(for burial, incineration and other forms)
All sizes
All activities where the IEE process yields a
recommendation to do an EIA
101.
Other Large Civil Works Construction
(embankments, seawalls, offshore
breakwater)
< 2 km
and
< 25 ha
≥ 2 km
or
≥ 25 ha
102.
Dredging
3
3
≥ 10,000 m /a but < 200,000 m /a
3
≥ 200,000 m /a
TRANSPORTATION
103.
Railways
(construction and maintenance of rail
infrastructure and operation of rolling stock)
Length < 1 km
Length ≥ 1 km
37
Runway length < 2,100 m
Runway length ≥ 2,100 m
Length ≥ 0.80 km but < 10 km
Length ≥ 10 km
Length ≥ 1 km but < 50 km
Length ≥ 50 km
Tunnels
Length < 1 km
Length ≥ 1 km
Road Improvement
(national, provincial and district roads)
Length ≥ 1 km
All activities where the IEE process yields a
recommendation to do an EIA
104.
Airports
105.
Bridges and Viaducts, new construction
106.
New Road Construction or Widening
(national, provincial, district and urban roads)
107.
108.
MINING AND EXTRACTIVE INDUSTRY
109.
Extraction of Groundwater
(for Industrial, Agricultural and Urban
consumption)
110.
Extraction of Rock, Gravel or Sand from a
river or marine waters
111.
Construction Materials Extraction
(aggregates, limestone, slates, sand, gravel,
clay, gypsum, feldspar, silica sands, and
quartzite, and extraction of dimension stone)
112.
3
3
≥ 4,500 m /d
< 4,500 m /d
3
3
3
≥ 1,000 m /a but < 5,000 m /a
≥ 5,000 m /a
< 100,000 t/a
≥ 100,000 t/a
Coal Mining - Open Cast
< 100,000 t/a coal
≥ 100,000 t/a coal
113.
Coal Mining - Underground
< 125,000 t/a coal
≥ 125,000 t/a coal
114.
Extraction of Industrial Minerals Open Pit Other than Construction Materials
(asbestos, bentonite, granite, kaolin, marble,
phosphate, potash, salt, sulphur, etc.)
< 75,000 t/a ore
≥ 75,000 t/a ore
115.
Extraction of Industrial Minerals Underground
- Other than Construction Materials
(asbestos, bentonite, granite, kaolin, marble,
phosphate, potash, salt, sulphur, etc.)
< 100,000 t/a ore
≥ 100,000 t/a ore
116.
Extraction of Ferrous and Non-ferrous Metals
and Precious Metal Ore - Open Pit
(includes rare earth metal ore)
< 50,000 t/a ore
≥ 50,000 t/a ore
38
117.
Extraction of Ferrous and Non-ferrous Metals
and Precious Metal Ore - Underground
(includes rare earth metal ore)
< 75,000 t/a ore
≥ 75,000 t/a ore
118.
Placer or Alluvial Mining
(removing gold, other metals of interest or
gem stone from stream sediments and
floodplains)
< 50,000 t/a ore
≥ 50,000 t/a ore
119.
Dredge Mining
(Iimenite, rutile, zircon and monazite)
< 50,000 t/a ore
≥ 50,000 t/a ore
120.
In Situ Leaching
All sizes
121.
Onshore Oil and Gas Development
(seismic exploration; exploration and
production drilling; development and
production activities; transportation activities
including pipelines; other facilities including
pump stations, metering stations, pigging
stations, compressor stations and storage
facilities; ancillary and support operations;
and decommissioning)
All sizes
122.
Offshore Oil and Gas Development
(seismic exploration, exploratory and
production drilling, development and
production activities, offshore pipeline
operations, offshore transportation, tanker
loading and unloading, ancillary and support
operations, and decommissioning)
All sizes
39
Annex 2
Environmental Assessment Procedure Flowchart
40
Screening
Chart
1.0
Project Proponent
1.1
1.1 Prepare
Prepare Project
Project
Proposal
Proposal
The Ministry
submit
1.2
1.2 Screening
Screening based
based on
on the
the
principles
and
categorization
principles and categorization in
in
Annex
Annex 11
15 Days
Process for obtaining
permit or license to
implement an activity
or project from the
competent authority
IEE
IEE Type
Type Activity
Activity
or
or Project
Project
Chart
2.0
Chart
2.1
IEE Investigations and
Review
IEE Review and Approval
Process
No
No IEE/EIA
IEE/EIA
Required
Required
1.3 Decide
EIA, IEE or
none
EIA
EIA Type
Type Activity
Activity
or
or Project
Project
Chart
3.0
Scoping (EIA)
Chart
3.1
EIA Investigations and
Review
Chart
3.2
EIA Review and
Approval
Chart
4.0
Appeal Process
41
IEE Investigations and Review
Chart
2.0
Project Proponent
2.1
2.1 Select
SelectIEE
IEE Experts
Experts
The Ministry
submit
2.2
2.2 Check
Check registration
registration of
of
IEE
IEE Experts
Experts
7 Days
2.3 Decision
on IEE
Experts
IEE Experts not registered
IEE Experts Registered
2.4
2.4 Conduct
Conduct IEE
IEE Investigations
Investigations
2.6
2.6 Review
Review IEE
IEE Report
Report
 Disclose information about the Activity or
Project
 Disclose the IEE Report to the public
 Undertake environmental and social
assessment studies and investigations
 Call for comments from government,
PAPs, civil society and other stakeholders
 Conduct consultations with PAPs, local
communities, local authorities, civil
society, community based organizations
 Arrange Public Consultations at local level
2.5
2.5 Prepare/Revise
Prepare/Revise IEE
IEE
Report
Report
2.5.1
2.5.1 Public
Public
disclosure
disclosure of
of IEE
IEE
Report
Report
 Collect and review all comments
submit
IEE Report not
satisfactory
Go to
Chart 2.1
Action 2.7
60 Days
2.7 IEE Report
Decision
Continues
42
IEE Review and Approval
Chart
2.1
Project Proponent
Go to
Chart 3.0
Action 3.1
The Ministry
2.7 IEE
Report
Decision
EIA
Required
EIA
EIA Process
Process
2.7.1
2.7.1 Public
Public
Disclosure
Disclosure
Process for obtaining
permit or license to
implement the activity
or project from the
competent authority
IEE Report
Approved
Inform EIA
is required
2.8
2.8 Issue
Issue ECC
ECCwith
with
conditions
conditions
2.8.1
2.8.1 Public
Public Disclosure
Disclosure
of
of ECC
ECC
Activity
Activity or
or Project
Project
implementation
implementation in
in compliance
compliance
with
with ECC,
ECC, ECC
ECC Conditions
Conditions
and
and IEE
IEE Report
Report including
including EMP
EMP
43
Scoping (EIA)
Chart
3.0
Project Proponent
3.1
3.1 Select
Select EIA
EIA Experts
Experts
The Ministry
submit
3.2
3.2 Check
Check registration
registration of
of
EIA
EIAExperts
Experts
7 Days
EIA Experts not registered
3.3 Decision
on EIA
Experts
EIA Experts Registered
3.4
3.4 Conduct
Conduct Scoping
Scoping
 Disclose information about the Activity
or Project
 Undertake scoping studies
3.6
3.6 Review
Review Scoping
Scoping Report
Report and
and TOR
TOR
 Conduct consultations with the
Ministry, PAPs, local authorities,
community based organizations, civil
society
3.5
3.5 Prepare/revise
Prepare/revise Scoping
ScopingReport
Report
and
and Terms
Terms of
of References
References (TOR)
(TOR) for
for
the
the EIA
EIAinvestigations
investigations
15 Days
submit
Scoping Report/TOR
not satisfactory
Go to
Chart 3.1
Action 3.8
3.7 Decision
on Scoping
Report & TOR
Scoping Report and
TOR Approved
Continues
44
EIA Investigations and Review
Chart
3.1
Project Proponent
The Ministry
3.8
3.8 Conduct
Conduct EIA
EIA Investigations
Investigations
3.10
3.10 Review
Review EIA
EIA Report
Report
3.10.1
3.10.1 Submit
Submit EIA
EIA Report
Report to
toEIA
EIA Report
Report
Review
ReviewBody
Body
 Disclose information about the Activity or
Project
 Undertake environmental and social
assessment studies and investigations
3.10.2
3.10.2 EIA
EIA Report
Report Review
ReviewBody
Body
prepares
prepares comments
comments
 Conduct consultations at national, state and
local level with PAPs, authorities, civil society,
community based organizations, the Ministry,
sector ministries, regional government
organizations
3.9
3.9 Prepare/Revise
Prepare/Revise
EIA
EIA Report
Report
 Disclose the EIA Report to the public
 Call for comments from government,
PAPs, civil society and other
stakeholders
 Arrange Public Consultations at State,
Regional and local level
submit
 Collect and review all comments
EIA Report
not
satisfactory
3.9.1
3.9.1 Public
Public
disclosure
disclosure of
of
EIA
EIA Report
Report
Go to
Chart 3.2
Action
3.11
90 Days
3.11 EIA
Report
Decision
Approved
Continues
Rejected
45
EIA Review and Approval
Chart
3.2
Project Proponent
The Ministry
Yes
Termination
Termination
3.11.1
3.11.1 Public
Public
Disclosure
Disclosure of
of
rejection
rejection
Go to
Chart 4.0
Action 4.0
Inform
EIA Report
Approved
3.12
3.12 Issue
Issue ECC
ECCwith
with
conditions
conditions
Process for obtaining
permit or license to
implement the activity
or project from the
competent authority
Activity
Activity or
or Project
Project
implementation
implementation in
in compliance
compliance
with
with ECC,
ECC, ECC
ECC Conditions
Conditions and
and
EIA
EIA Report
Report including
including EMP
EMP
3.11 EIA
Report
Decision
EIA Report
Rejected
3.11.2
3.11.2
Decision
Decision
whether
whether to
to
Appeal
Appeal
No
3.12.1
3.12.1 Public
Public
Disclosure
Disclosure of
of ECC
ECC
No
Go to
Chart 4.0
Action 4.0
Yes
Decision
Decision
whether
whether to
to
Appeal
Appeal
46
Appeal Process
Chart
4.0
Appellant
The Ministry
4.0
4.0 File
File Appeal
Appeal
Environmental Conservation
Committee
4.1
4.1 Forward
Forward Appeal
Appeal
4.2
4.2 Review
Review Appeal
Appeal
4.4
4.4 Receive
Receive
instructions
instructions from
from
the
the Environmental
Environmental
Conservation
Conservation
Committee
Committee
Require revised EIA
Report
4.3.2
4.3.2 Require
Require
revised
revised EIA
EIA
4.5 Final
Decision on
EIA Report
Approval
Revert Decision on EIA
Approval/Rejection
Go to
Chart 3.1
Action 3.9
Go to
Chart 3.2
Action
3.11
4.3.1
4.3.1 Uphold
Uphold
the
the Ministry’s
Ministry’s
Decision
Decision
4.5.1
4.5.1 Public
Public
Disclosure
Disclosure of
of result
result
of
appeal
of appeal
4.3
4.3
Decision
Decision
on
on Appeal
Appeal
4.3.3
4.3.3 Require
Require
the
the Ministry’s
Ministry’s
Decision
Decision to
to be
be
revised
revised
4.3.4
4.3.4 Inform:
Inform:
•Appellant,
•Appellant,
•Project
•Project Proponent
Proponent
•The
•The Ministry
Ministry
47
Annex 3
Prescribed Penalties Under Procedure
48
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