EIA Country Report for Myanmar

Legal Framework
State, Country or Province: 
Myanmar
EIA law: 
Environmental Conservation Law, No. 9/2012
EIA Regulations: 
Environmental Conservation Rules, Notification No. 50/2014
EIA Guidelines or Other Guidance: 
Environmental Impact Assessment Procedure, Notification No. 616 / 2015
EIA Procedure
Projects Requiring EIA: 
Government projects
Projects Requiring EIA: 
Private projects
Abridged Assessments: 
Yes
Assessments Detail: 
Certain projects will be subject to a less-detailed analysis in an Initial Environmental Examination (IEE). EIA Procedure, secs. 2(u), 36. According to the Procedure, IEE-type projects "have some Adverse Impacts, but of lesser degree and/or significance than those for EIA Type Projects." EIA Procedure, sec. 2(c). Appendix 2 to the EIA Procedure contains a flowchart describing the levels of assessment.
Best Practices in Lieu of EIA: 
No
Who Conducts Screening: 
Government
Who Conducts Screening Detail: 
"The Project Proponent shall submit the Project Proposal to the Ministry for Screening." EIA Procedure, sec. 23(a). Sections 23-30 EIA Procedure describe the screening process.
Criteria for Screening: 
List or appendix of project or activity types
Criteria for Screening: 
Proposed project or activity may cause significant environmental impact
Criteria for Screening: 
Possible impact to, or adjacent to, a protected area
Criteria for Screening: 
Other
Criteria for Screening Detail: 
EIA Procedure, secs. 25-28; EIA Procedure, Annex I
Who Prepares EIA: 
Project Proponent (with or without contractor)
Who Prepares EIA Detail: 
"The Project Proponent must appoint a registered Third Person or Organization to carry out the EIA investigation and reporting. Prior to commencement of the EIA, the Project Proponent shall inform the Department in writing as to the identity of the duly registered person(s) and/or organization it has selected to undertake the EIA investigation and reporting." EIA Procedure, sec. 45.
Who Pays for EIA: 
Project Proponent
Who Pays for EIA Detail: 
"All costs incurred in completing the EIA Report disclosure and review, including the public consultation process, shall be borne by the Project Proponent." EIA Procedure, sec. 69
EIA Contractor Qualifications: 
Yes
EIA Contractor Qualifications Detail: 
"[A]ny Third Person or Organization, whether foreign or domestic, who wishes to prepare an IEE and EIA shall first apply to the Department together with the information and supporting evidence indicated below, to complete such registration." EIA Procedure. sec. 17. The application must include relevant experience of the person or organization, and, for key personnel, an outline of each person's experience in the field of environmental assessment, academic credentials, relevant certificates and accreditations. Id.
Conflict of Interest: 
Yes
Conflict of Interest Detail: 
"[T]he Department may suspend or cancel the registration of any organization or person who has been registered in accordance with Article 18 or any prior requirements, and may impose such other corrective or punitive measures as may be lawfully available to it, . . . if the Department determines that such person or organization has violated any provision of Republic of the Union of Myanmar law, or if the assessments of such person or organization 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." EIA Procedure, sec. 20.
Terms of Reference (TOR): 
Yes
Terms of Reference Detail: 
"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." EIA Procedure, sec. 52.
Days for Decisionmaker Review: 
90 days (may be extended)
Automatic Approval: 
No
Automatic Approval Detail: 
There are no provisions in the EIA system allowing automatic approval. If the project is complex, the Ministry may extend the time to review the EIA and other documentation. See EIA Procedure, sec. 68
Written Decision: 
Yes
Written Decision Detail: 
There are no provisions specifically stating that a decision must be in writing, but it is assumed from context. See EIA Procedure, secs. 70
Authority to Impose Conditions: 
Yes
Authority to Impose Conditions Details: 
"The Ministry may, in issuing the prior permission, stipulate terms and conditions relating to environmental conservation." Environmental Conservation Law, sec. 24. "Upon completion of its review of the EIA Report, the Ministry shall; a) approve the EIA Report with the guidance of the Committee, subject to any conditions as may be prescribed, and issue an ECC . . . ." EIA Procedure, sec. 70.
Expiry of Decision: 
5 years (may be renewed)
Expiry of Decision Detail: 
"An ECC issued by the Ministry shall be valid for a period of five (5) years from the date of issuance. Six (6) months prior to expiration of an ECC issued by the Ministry, the Project Proponent may apply to the Ministry for an extension." EIA Procedure, sec. 93.
Financial Assurances or Bond: 
Sometimes
Financial Assurances Detail: 
Financial assurances are discretionary. "The Ministry may prescribe conditions of an ECC. Such conditions may encompass any or all of: . . . n) Financial guarantee: (i) type of guarantee, (ii) amount, (iii) timing, (iv) application, (v) type and financial capacity of guarantor;" EIA Procedure, sec. 91(n).
EIA Content
Interdisciplinary Team: 
No
Interdisciplinary Team Detail: 
This issue is not addressed in the EIA law or procedure.
Range of Alternatives: 
Yes
Range of Alternatives Detail: 
"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." EIA Procedure, sec. 58; see also sec. 2 (defining "alternatives")
No Action Alternative: 
No
No Action Alternative Detail: 
"No action" is not included in the definition of alternatives. See EIA Procedure, sec. 2
Type(s) of Impact Analysis: 
Direct environmental impacts
Type(s) of Impact Analysis: 
Cumulative environmental impacts
Type(s) of Impact Analysis: 
Social impacts
Type(s) of Impact Analysis: 
Cultural impacts
Type(s) of Impact Analysis: 
Health impacts
Type(s) of Impact Analysis: 
Economic impacts
Mitigation: 
Yes
Mitigation Detail: 
EIA Procedure, sec. 63, Part 6.0 (Impact and Risk Assessment and Mitigation Measures)
Monitoring Plans: 
Yes
Monitoring Plans Detail: 
"The Project Proponent is responsible for the preparation of an EIA Report which shall contain the following: . . . a comprehensive monitoring plan" EIA Procedure, sec. 63
Access to Information
Public Notice of Draft EIA: 
No
Draft EIA Available: 
No
Draft EIA Available Detail: 
Members of the public are not permitted to review a draft version of the EIA
Draft EIA Locations: 
Not Available
Public Notice of Final EIA: 
Yes
Public Notice of Final EIA Detail: 
"Not later than fifteen (15) days after submission of the EIA Report to the Department, the Project Proponent shall disclose the EIA Report to civil society, PAPs, local communities and other concerned stakeholders: (i) by means of national media (i.e. newspapers); (ii) the website(s) of the Project or Project Proponent; (iii) at public meeting places (e.g. libraries, community halls); and (iv) at the offices of the Project Proponent. EIA Procedure sec. 65. "Upon receipt of the EIA Report, the Ministry will make the EIA Report publicly available." EIA Procedure, sec. 66
Final EIA Available: 
Yes
Final EIA Available Detail: 
". . . . the Project Proponent shall disclose the EIA Report to civil society, PAPs, local communities and other concerned stakeholders: (i) by means of national media (i.e. newspapers); (ii) the website(s) of the Project or Project Proponent; (iii) at public meeting places (e.g. libraries, community halls); and (iv) at the offices of the Project Proponent. " EIA Procedure, sec. 65.
Final EIA Locations: 
Internet
Final EIA Locations: 
Library
Final EIA Locations: 
Agency or ministry office
Final EIA Locations: 
Other
Availability of Reference Studies: 
Yes
Availability of Reference Studies Detail: 
The EIA Procedure requires the Project Proponent to provide timely disclosure of all "relevant" information about the proposed project. EIA investigations must "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 applicable limits and are acceptable to the Ministry and interested and affected persons." EIA Procedure, secs. 57, 61.
Public Notice of Final Decision: 
Yes
Public Notice of Final Decision Detail: 
"Upon completion of its review of the EIA Report, the Ministry shall;. . . c) publicly and timely disclose its decision by appropriate means." EIA Procedure, sec. 70.
Public Participation
Public Scoping: 
Yes
Public Scoping Detail: 
"All EIA Type Projects shall undergo Scoping." EIA Procedure, sec. 47. Procedures are outlined in sections 48-54 of the EIA Procedure.
Public Review of TOR: 
No
Public Review of TOR Detail: 
Although members of the public participate in scoping, they do not have an opportunity to review the TOR before it is made final.
Public Participation Opportunities: 
Scoping
Public Participation Opportunities: 
Public meetings and/or public hearings
Public Participation Opportunities: 
Review of final EIA
Public Meetings: 
Yes
Public Meetings Detail: 
Public meetings are held during the EIA investigations by the Project Proponent. EIA Procedure, sec. 50. "Upon receipt of the EIA Report from the Project Proponent, the Department shall: . . . d) arrange public consultation meetings at national, regional, state, Nay Pyi Taw Union Territory and local levels where the Project Proponent shall present the EIA Report. . . ." EIA Procedure, sec. 67.
Public Input at Meeting: 
Yes
Public Input at Meeting Detail: 
EIA Procedure, secs. 67-68.
Criteria to Hold Public Meeting: 
Public meeting and/or hearing is automatically required
Days for Public to Review Final EIA: 
Variable
Public Comments on Draft EIA: 
No
Public Comments on Draft EIA Detail: 
A draft EIA is not made available to the public.
Public Comments on Final EIA: 
Yes
Public Comments on Final EIA Detail: 
"Upon receipt of the EIA Report from the Project Proponent, the Ministry shall . . . b) invite comments and suggestions on the EIA Report from all relevant parties including involved government organizations, institutions, civil society organizations, and PAPs, as appropriate[.]" EIA Procedure, sec. 67
Response to Public Comments: 
Yes
Response to Public Comments Detail: 
"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 shall include the results of consultations with the public, affected populations and other stakeholders on the environmental and social issues. The concerns raised during such consultations shall be considered in assessing impacts, designing mitigation measures, and in the development of management and monitoring plans. " EIA Procedure, sec. 60
Facilitation of Public Participation: 
No
Judicial Review/Enforcement
Citizen Administrative Review: 
Yes
Citizen Administrative Review Detail: 
"Within thirty (30) days of public disclosure that the EIA Report has been approved or rejected by the Ministry, any Project Proponent, person or organization which submitted the EIA Report in accordance with this Procedure, and any other person or organization potentially affected by any Adverse Impacts of the Project, shall have the right to file an appeal to the Committee through the Ministry with respect to the Ministry decision to reject or approve such EIA Report. . . ." EIA Procedure, sec. 71
Citizen Judicial Review: 
Yes
Citizen Judicial Review Detail: 
Judicial review of Ministry decisions is likely available through constitutional writ provisions. See Constitution of the Republic of the Union of Myanmar (2008), Art. 296
Project Monitoring: 
Yes
Project Monitoring Detail: 
"The Project Owner shall submit monitoring reports to the Ministry not less frequently than every six (6) months as provided in a schedule in the EMP, or periodically as prescribed by the Ministry." EIA Procedure, sec. 108. Within ten (10) days of completing a monitoring report . . . the Project Proponent shall make such report (except as may relate to National Security concerns) publicly available on the Project’s website, at public meeting places (e.g. libraries, community halls) and at the Project offices. Any organization or person may 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." EIA Procedure, sec. 110.
Enforceability of EIA: 
No
Enforceability of Permit: 
No
   Updated 5 Jul, 2016