Certain projects will be subject to a less-detailed analysis in an Initial Environmental Examination (IEE). EIA Procedure, secs. 2(c). 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:
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
Proposed project or activity may cause significant environmental impact
Possible impact to, or adjacent to, a protected area
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 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:
EIA Contractor Qualification Detail:
An applicant who intends to develop a project, business, service, or activity "shall manage to conduct environmental impact assessment by a third party or an organization with suitable qualifications by the Ministry." Environmental Conservation Rules, Chapter XI, sec. 56. "[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: the applicant's information, their relevant experience, and, for key personnel, an outline of each person's experience in the field of environmental assessment, academic credentials, relevant certificates and accreditations. Id. Once the applicant has submitted its intent to have a third party conduct the EIA, the Ministry shall "determine and decide . . . whether or not it is a suitable third party." Environmental Conservation Rules, Chapter XI, sec. 57.
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 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 Decision Maker Review:
90 days (may be extended)
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 Detail:
There are no provisions specifically stating that a decision must be in writing, but it is assumed from context. "Upon completion of its review of the EIA Report, the Ministry shall;. . . publicly and timely disclose its decision by appropriate means." EIA Procedure, sec. 70.
Authority to Impose Conditions:
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 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:
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).