Strategic Environmental Assessment - Baseline Myanmar

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Legal framework for SEA

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Framework/enabling law

The Government of the Union of Myanmar adopted the Environmental Conservation Law in 2012. The law provides the legal basis for implementing a range of environmental management measures. MOECAF (now MONREC) facilitated in formulation of Environmental Conservation Rules in 2014, Environmental Impact Assessment procedure in 2015 and also National Environmental Quality (Emission) Guidelines in 2015 to support and implement EIA system.

There is also a comprehensive environmental and natural resources legal and regulatory framework with core environmental and planning laws including environmental assessment.

In general, environmental related legislative frameworks are listed as follows.

- National Environmental Policy (1992)

- Myanmar Agenda 21

- National Sustainable Development Strategy (2009)

- Environmental Conservation Law (2012)

- Environmental Conservation Rule (2014)

- Conservation of Water Resource and River Law and Rule (2006)

- Forest Law (1992)

- Protection of Wildlife, Wild Plant and Conservation of Natural Area Law (1994)

- The Protection and Preservation of Cultural Heritage Region Law (1998)

- Land Acquisition Act (1894)

- Farmland Law and Rule (2012)

- Environmental Impact Assessment Procedures (2015)

- National Environmental Quality Guideline( Emission) (2015)

- Myanmar EIA public participation guideline is being drafted with assistance of Vermont Law, with the support of the USAID-funded Mekong Partnership for the Environment project

- EIA technical guideline is being drafted by MONREC with the support of the Core Environmental Programme (CEP) of the Greater Mekong Sub-region

How ever, there is no strong legal framework for development and implementation of SEA in Myanmar .

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Year of introduction

No information.

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Approving authority

No information.

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National SEA procedures/regulations

Newly emerged EIA procedure approved by Union Government in November 2015 and officially launched in December 2015 with support of Asia Development Bank is regarded as significant mile stone for environmental sector of Myanmar and heartily welcome by private and public sectors at all.

This procedure focuses on the identification of business types needing EIA and IEE requirement to conduct stakeholder involvement and project transparently.

Under the Article 123 of section 10[6], SEA requirement is generally stated that MONREC may ask relevant authorities to conduct SEA for policy strategy development plan and program prepared by government organizations of state, regional and township administration, self- administered zone and division or private sector .Where significant environmental and social impact is likely to occur those policy, MONREC may ask responsible agency for undertaking scoping study to identify and access environmental and social impact, provision of monitoring frame work for those of policy, plan and program.

However, this section just scratches the surface and does not provide enough details on application of strategic environmental assessment in decision making process. The ownership, reviewing process and implementation of SEA recommendations are not mentioned. It is found to be quite general and does not explicitly stress the requirement of SEA.

Thus it can be concluded that there is not a strong mandatory requirement for conducting SEA from legal perspective. However, some SEA studies are currently being conducted in Myanmar with support of international organizations.

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Sectoral specific SEA procedures/regulations

No information.

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Guidelines

Most of environmetal guideline available are intended for environmental impacct assessment of specific sector projects .Those are listed below

- ESIA Guideline for Oil & Gas Sector is being drafted by the aid of NCEA.

- ESIA Guideline for Hydropower Sector is being prepared with assistance of International Finance Corporation.

Currently, MONREC has been engaging with Asia Development Bank to develop guideline for social impact assessment.

However, there is no SEA legislative framework and guideline in Myanmar.

3.7 Objectives of SEA

No information.

3.8 Scope of SEA application

No information.

3.9 Exemptions from SEA application

No information.

3.10 SEA approach

No information.

3.11 SEA tiering with EIA

No information.

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Institutional setting for SEA

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Central SEA authority

MONREC is currently working as a national level agency as well as focal coordinating body and responsible centre for country’s environmental related issues. In fact, MONREC has been established to advise the Government on environmental policies and strategies toward sustainable development.

Environmental