Ministry of Environmental Conservation and Forestry

Environmental Conservation Department

Developing Guidelines for Public Participation on Environmental Impact

Assessment Procedure

24-2-2016 Yangon

U Than AyeDirector

Yangon Region

EIA ? Procedure whereby information on likely

environmental impacts becomes a pre-requisite on projects.

The main purpose of EIA is to facilitate the systematic consideration of environmental issues as part of development decision-making.

It does so primarily by assembling and analysing information on the potential environmental effects of specific development proposals and how they can be best prevented or mitigated.

EIA serves three main functions:• Integration of environmental issues into planning

and decision making;• Anticipation and minimization of environmental

damage; and• Public participation in decision-making and

environmental conservation

Rio declaration, 1992Principle 17 “Environmental impact assessment, as a national instrument, shall be undertaken for proposed activities that are likely to have a significant adverse impact on the environment and are subject to a decision of a competent national authority.”

Key elements in the design of EIA system• Political support and commitment;• Legal basic with accompanying regulations and guidelines;• Provision for public involvement;• Coverage of proposed actions likely to have significant

environmental effects;• Designated process and procedures, including mechanisms

for review of the quality of EIA reports;• Measures to ensure compliance and accountability by

competent authorities and decision-making body;• Appropriate role of environmental agency in EIA process

administration and decision-making;• Technical and professional capacity to carry out EIA.

Seven Key principles of EIA• Effective EIA is achieved through the adoption of the following

seven key principles– Proponent bears cost of application and assessment– Public participation at all stages of the process– Access to proponent information by civil society and

government– Transparent process– Best available scientific information – Clear decision making– Effective compliance and enforcement - EMP, Reporting

Principles of Public Participation

The process should be: • inclusive – covers all stakeholders • open and transparent – steps and activities are

understood • relevant – focused on the issues that matter • fair – conducted impartially and without bias toward any

stakeholder • responsive – to stakeholder requirements and inputs • credible – builds confidence and trust

• To achieve harmony and balance between socio-economic, natural resources and environment through the integration of environmental considerations into the development process enhancing the quality of the life of all its citizens.

• Environmental protection is should always be the primary objective in seeking development

National Environmental Policy (1994)

State Constitution (2008)

• Article 45: The state shall protect natural environment of the country

• Article 390: It shall be the duty of every citizen of Myanmar to protect the natural environment

Government’s Policy Guidelines

Legal Framework for Environmental and Social Safeguards

• Env. Law, 2012: 7(m)• FDI Law, 2012: 17(h)• FDI Rules, 2013: 34 • MIC Notification:1/2013 • Env. Rules, 2014: • EIA Procedures, 2015• Existing Social related Laws and Regulation

EIA Procedure

7. Projects that involve Involuntary Resettlement or which may potentially have an Adverse Impact on Indigenous People shall comply with specific procedures separately issued by the responsible ministries. Prior to the issuance of any such specific procedures, all such Projects shall adhere to international good practice (as accepted by international financial institutions including the World Bank Group and Asian Development Bank) on Involuntary Resettlement and Indigenous Peoples.

EIA Procedure

13. The Project Proponent shall:a)arrange for appropriate public consultation

through all phases of the IEE and EIA process as required by Articles 34, 50, and 61, and

b)disclose to the public in a timely manner all relevant Project-related information in accordance with this Procedure except that which may relate to National Security concerns as informed by the Ministry.

16. The EIA Report Review Body shall have the following responsibilities:c) In each case, prescribe the scope and content of the EIA Review report.

Such scope and content may include, among other things, assessments of the following questions:

• Does the EIA Report recognize and consider the views of stakeholders? • Is the EIA Report complete? Does it contain sufficient, suitable and

reliable information? • Have all applicable environmental and social requirements been

adequately identified, addressed, referred to and fully complied with in the preparation and content of the EIA Report?

• Are there any measures or procedures which are non-compliant, or which risk leading to non-compliance, with environmental and social requirements?

d) The EIA Review report shall identify any defects in the EIA investigations or in the EIA Report and shall give recommendations as to which further studies, investigations, consultations or assessments the Project Proponent must undertake and report.

f) If requested by the Committee or the Ministry, the EIA Report Review Body shall present its findings at a meeting.

34. The Project Proponent shall undertake the following public consultation process in regard to an IEE Type Project:

a) Immediately upon commencement of the IEE, disclose relevant information about the proposed Project to the public and civil society through the Project Proponent’s website(s) and local media, including by means of the prominent posting of legible sign boards at the Project site which are visible to the public, and comply with technical guidelines issued by the Ministry; and

b) arrange the required complement of consultation meetings with local communities, potential PAPs, local authorities, community based organizations, and civil society, and provide appropriate and timely explanations in press conferences and media interviews.

36. The IEE Report shall contain the following:• results of the public consultation and public participation processes,

recommendations received from the public, and the Project Proponent's written responses to comments received during that process;

Scoping for EIA50. As part of the Scoping, the Project Proponent shall ensure that the

following public consultation and participation process is carried out: • disclose information about the proposed Project to the public and civil

society through posting on the Project Proponent’s website(s) and 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

• arrange the required complement of consultation meetings , with local communities, potential PAPs, local authorities, community based organizations, and civil society, and provide appropriate and timely explanations in press conferences and media interviews.

60. 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.

2.1 Select IEE Experts

2.3 Decision on IEE Experts

7 Days

2.4 Conduct IEE Investigations

2.2 Check registration of IEE Experts

submit

IEE Experts not registered

IEE Experts Registered

Disclose information about the Project Undertake environmental and social

assessment studies and investigations Conduct consultations with PAPs, LCs,

LAs, CS, CBOs

2.5 Prepare/Revise IEE Report

2.7 IEE Report

Approval

60 Days

2.6 Review IEE Report

submit

Disclose IEE Report on website Call for comments from government,

PAPs, CS and other stakeholders Arrange Public Consultations at local

level Collect and review all comments

IEE Report not satisfactory

Go to Chart 2.1 Action 2.7 Continues

2.5.1 Public disclosure of IEE

Report

Chart 2.0

Project Proponent The Ministry

IEE Preparation and Review

3.1 Select EIA Experts

3.3 Decision on EIA Experts

3.4 Conduct Scoping

7 Days

3.2 Check registration of EIA Experts

submit

EIA Experts not registered

EIA Experts Registered

Disclose information about the Project Undertake scoping studies Conduct consultations with the

Ministry, PAPs, LAs, CBOs, CS

3.5 Prepare/revise Scoping Report and Terms of References (TOR) for the EIA

investigations

3.7 Approval

15 Days

3.6 Review Scoping Report and TOR

submitScoping Report/TOR not satisfactory

Continues

Approved

Chart 3.0

Go to Chart 3.1 Action 3.8

Project Proponent The Ministry

Scoping

Scoping Report• Executive Summary• Context of the Project• Overview of the Policy, Legal and Institutional

Framework• Project Description and Alternatives• Description of the Environment together with maps

in proper scale• Key Potential Environmental Impacts and Mitigation

Measures• Public Consultation and Disclosure

3.8 Conduct EIA Investigations

Disclose information about the Project Undertake environmental and social

assessment studies and investigations Conduct consultations at national, state and

local level with PAPs, authorities, CS, CBOs, the Ministry, sector ministries, regional government organizations

3.9 Prepare/Revise EIA Report

3.11 EIA Report

Approval

90 Days

3.10 Review EIA Report

submit

Disclose EIA Report on website Call for comments from government,

PAPs, CS and other stakeholders Arrange Public Consultations at local

level Collect and review all comments

EIA Report not satisfactory

Continues

3.10.1 Submit EIA Report to EIA Report Review Body

3.10.2 EIA Report Review Body prepares comments

3.9.1 Public disclosure of EIA Report

Approved

Rejected

Go to Chart 3.2

Action 3.11

Project Proponent The Ministry

EIA Preparation and Review Chart 3.1

EIA Report• Executive Summary • Introduction • Policy, Legal and Institutional Framework • Project Description and Alternative Selection • Description of the Surrounding Environment • Impact and Risk Assessment and Mitigation Measures • Cumulative Impact Assessment• Environmental Management Plan • Public Consultation and Disclosure

102. The Project Proponent shall bear full legal and financial responsibility for:

• PAPs until they have achieved socio-economic stability at a level not lower than that in effect prior to the commencement of the Project, and shall support programs for livelihood restoration and resettlement in consultation with the PAPs, related government agencies, and organizations and other concerned persons for all Adverse Impacts.

GapsEnvironmental and Social Safeguards

Regulatory Frameworks, Guidelines in National and Sector Planning

Capacity building and Institutional strengthening

Implementation & Monitoring

The Way Forward:Collaborative effort

Country Environment and Social Safeguard

System

NGOs, CBOs,People

Academies,

Researchers

MOECAF & Cross

Ministries

Parliaments

UN Agencies, Int. Orgs Sustainable

Development

Thank you