Environmental Conservation Rules

The Republic of the Union of Myanmar

Ministry of Environmental Conservation and Forestry

ENVIRONMENTAL CONSERVATION RULES

Environmental Conservation Rules

Date: June, 2014

The Republic of the Union of Myanmar

Ministry of Environmental Conservation and Forestry
Notification No. 50 / 2014
The 8th Waxing Day of Nayon 1374 M.E.
( 5th June, 2014)
The Ministry of Environmental Conservation and Forestry, in exercise of power conferred
under sub-section (a) of section 42 of the Environmental Conservation Law, hereby issues the following
rules with the approval of the Union Government.

Chapter (I)

Title and Definition

1. These rules shall be called the Environmental Conservation Rules.

2. The expression contained in these rules shall have the same meanings as contained in the
Environmental Conservation Law. Moreover, the following expressions shall have the meaning
as follows:
(a) Law means the Environmental Conservation Law;
(b) School means any university, college, school opened by any Government department,
Government organization or private and private organization which got recognization of
the opening by the Government;
(c) Environmental management means the management of human activities, which affect all
living and non-living things and influence living things around the world and their relations;
(d) Environmental Impact Assessment means the process of systematic study which is
required as part of the decision making process on the proposed project, business, service
or activity whether there are potentials or impact processes that may cause an impact on
physical environment, human and living things, social and socio-economic because of the
project;
(e) Meaning of Third Party means an individual or an organization who does not develop
or approve a project, business, service or activity;
(f) Initial Environmental Examination means the evaluation whether the impact of a project,
business, service or activity is evident, the environmental Impact Assessment is required to
carry out and other specified documents and certificates are necessary to prepare;
(g) Environmental Management Plan means the method and the plan to be adopted to
protect, avoid and mitigate environmental impacts due to each project phase like planning,
implementation, operation, decommissioning and after decommissioning of a project,
business, service or activity or any other reasons because of the project. Such plan includes
monitoring plan to monitor the change of environmental condition and environmental
conservation activities and precautionary measures in response of environmental
emergency;
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(h) Form means the form contained in these rules;

(i) Environmental Conservation Officer means the staff officer and above level officers
from Environmental Conservation Department.

Chapter (II)

Adopting Policy Relating to Environmental Conservation

3. The Committee shall prepare the necessary policies relating to environmental conservation for
each relevant sector in coordination with suitable organization or an individual from the
Government department, Government organization and private sector concerned and submit
them to the Union Government. Environmental conservation policies approved by the
Government shall be disclosed to the public with suitable means.
4. The Committee shall, if it considers that policies relating to environmental conservation should
be modified according to the guidance of the Union Government or the submission of an advice
by the Ministry or the advice of the relevant Government department, Government
organization, private sector and the public, modify it with the approval of the Union
Government.
5. The Ministry shall, when it considers that it is necessary to adopt or modify the policies relating
to environmental conservation, submit its finding of such adoption or modification of policies
and advice to the Committee.
6. The Ministry shall implement the Myanmar National Environmental Policy and other
environmental policies for conservation issued by the Committee according to the section 3
with the approval of the Union Government.

Chapter (III)

Environmental Conservation

7. The Committee shall implement the following environmental conservation educational

trainings, environmental conservation development activities in coordination and cooperation
with the relevant Government departments, Government organizations, social organizations
and private organizations:
(a) Arranging and holding talks relating to environmental conservation in schools;
(b) Dissemination of knowledge of environmental conservation through media such as
newspaper, journal, magazine, periodical, radio, television, internet, etc…;
(c) Drawing schedules for talks and discussions relating to environmental conservation in
urban and rural areas in co-ordination with the relevant administrative organizations,
school administrators, organizations relating to environmental conservation;
(d) Carrying out the development of environmental conservation studies and research
works;
(e) Carrying out other educational activities relating to environmental conservation.

8. The Committee may carry out the following activities relating to environmental conservation
in coordination and cooperation with Government departments, Government organizations and
other organizations relating to environmental conservation:

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(a) Growing tree, inserting fish species and supporting environmental conservation
activities;
(b) Exhibiting environmnental conservation shows and exhibitions, conducting
competitions, plays, concerts and entertainments relating to environmental
conservation;
(c) Carrying out coordinated cleaning activities;
(d) Holding memorial days relating to environmental conservation;
(e) Carrying out other activities relating to environmental conservation;
(f) Protecting endangered species and reintegration and regeneration them in their habitats.

9. The Committee:
(a) May suggest and encourage, if necessary, the relevant departments to insert and amend
the school lessons on environmental conservation;
(b) Shall scrutinize, from time to time, the progress of implementation developed by the
advice of the relevant Government department and Government organization.

10. The Committee may, if any of the following situations arises, send necessary advice or
encouragement to the relevant Government department and Government organization:
(a) Guidance of the Union Government relating to environmental conservation;
(b) Asking advice from the relevant Government departments and Government
organizations;
(c) Finding out by means of investigation of environmental conservation;
(d) Considering by itself, according to any report or by his own motion, that it is necessary
for conservation of environment.

11. The Committee may assign the Ministry to scrutinize whether the relevant Government
department and Government organization follows the advice or encouragement given in section
10.

12. The Committee, for the conservation and enhancement of environment:

(a) May ask necessary proposals, advices, remarks from the relevant Government
departments, Government organizations, international institutions, local and oversea non-
governmental organizations, social organization, experts and the public for a particular case
or general;
(b) May guide to the Department to hold workshops, conferences if it is necessary;
(c) May accept and obtain local or foreign technical assistances;
(d) May ask the Ministry to prepare and maintain a record, apply and manage the technical
assistances obtained in sub-section (c);
(e) May ask the relevant Government department to obtain local or foreign technical
assistances and providing necessary assistances for enabling to do so;
(f) Shall coordinate with the relevant Government department and Government organization,
which receives technology, to inform to the Committee about the technology received and
the progress at the time of completion or annually.

13. The Committee, relating to occurrence of the situation which damages to the environment or
which are likely to damage the environment:

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(a) May inform to the Government department and Government organization concerned if it is
found that it is occurred because of the Government department, Government organization
owned project, factory, workshop, work centre, service or place; to the relevant owner and
the Government department and Government organization which issued permission,
licence, permit and an order to develop such project if it is found that it is occurred because
of the private-owned or public company owned factory, workshop, work centre, service or
place, to handle as necessary within the stipulated period not to cause environmental
damage;
(b) Shall inform to the relevant Government department and Government organization to take
action of terminating business, if it does not comply with the notice under sub-section (a)
within the stipulated time;
(c) Shall ask the policy from the Union Government to carry on if it is necessary.

14. The Ministry shall implement the environmental management work programs for the whole
country or for a region in respect of environmental management with the approval of the Union
Government.

15. The Ministry shall cooperate and coordinate so that the relevant Government departments,
Government organizations, Nay Pyi Taw Council, Region or State Government, Self-
administered Division or Self-administered Region, District General Administrator of the
General Administration Department or Township General Administrator of the General
Administration Department, Ward or Village-tract Administrator, Private organization and the
Public can implement the work programmes for environmental management described in
section 14 in accordance with stipulations.

16. The Ministry:

(a) Shall adopt the necessary programs, with the approval of the Committee, for the
conservation and enhancement of environment, protection, control and reduction of
pollution in the environment, and reconservation;
(b) May assign duty to the relevant department and the organization under its Ministry or other
relevant Government department and Government organization with the guidance of the
Committee to implement the programs contained in sub-section (a);
(c) May form an inspection team in the department or organization under the Ministry or in
any other relevant Government department and Government organization with the
guidance of the Committee to monitor and inspect the implementation of programs
contained in sub-section (a);
(d) May give an advice about environmental conservation if the relevant Government
department, Government organization, private organization and an individual asks for an
advice about the conservation and enhancement of environment, protection, control and
reduction of pollution in the environment, or if it considers that it is necessary.

17. The organization which has a responsibility to monitor, inspect and supervise the
implementation of the programs contained in sub-section (c) of rule 16 shall submit their work
performance report to the Ministry.

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18. The Ministry:

(a) May assign duty to the Department to prepare and submit proposals about potential
methods and conditions for economic incentives which do not affect or has minimum
impact on the environment for continuous growth in addition to legal affairs and guidelines
relating to environment;
(b) Shall scrutinize proposals submitted by the Department and submit them to the Committee
with its remark.

19. The Ministry:

(a) May assign duty to the Department to support in handling issues smoothly if an
environmental dispute arises between the Government department and Government
organization; between Government department and private organization or public; between
an individual and private organization; between an individual, private organizations and
the public;
(b) May form a conciliation body, if it is necessary, comprising representatives from the
relevant Government department, Government organization, representatives of both
parties, and suitable citizens, to conciliate and handle the dispute. Moreover, it may
determine the functions and duties of such body;
(c) May reform the conciliation body if the formation of the conciliation body is objected with
reason by one parties of the dispute or both parties;
(d) Shall submit and ask the guidance of the Union Government for the disputes which cannot
be handled by the conciliation body.

20. The Ministry shall, according to the power contained in sub-section (h) of section 7 of the Law,
determine the categories of hazardous substances which may significantly affect the
environment at the present situation or in short term or in long term to prohibit import, export,
production, storing, transporting and trading in accordance with the international conventions
and international agreements relating to environmental conservation accepted by Myanmar.

21. The Ministry may assign duty to the Department to implement policy, order, work programs
and guidelines relating to management, conservation and enhancement of environment for the
matters of protection of the ozone layer, conservation of biological diversity, conservation of
coastal environment, mitigation and adaptation of global warming and climate change,
combating desertification and management of non-depleting substances and other
environmental matters.

22. The Ministry shall, when the Union Government assigns other functions and duties relating to
environmental conservation, implement them itself or, if it is necessary, in coordination and
cooperation with the relevant Government departments, Government organizations and
individuals.

23. The Department:

(a) shall negotiate and draw the short term, medium term and long term projects for
environmental management relating to the whole country or relevant local area and carry
out implementation, supervision and scrutinization of implementation with the approval of
the Ministry;

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(b) Shall implement the plans for environmental conservation and enhancement, protection of
pollution in environment, control and reduction of pollution in environment in accordance
with the guidance of the Ministry;
(c) Shall monitor the implementation of projects and plans contained in sub-sections (a) and
(b), if it is necessary in cooperation and coordination with other Government departments,
Government organizations and non-governmental organizations, and submit the work
performance report to the Ministry.

24. The Department shall prepare and submit proposals about potential methods and conditions for
economic incentives which do not affect or has minimum impact on the environment to the
Ministry for continuous growth in addition to legal affairs and guidelines relating to
environment;

25. The Department shall prepare necessary information for the Ministry to prescribe the categories
of hazardous substances which may affect significantly at the present situation or in short term
or in long term on the environment to prohibit import, export, production, storing, transporting
or trading in accordance with the international conventions and international agreements
relating to environmental conservation accepted by Myanmar and submit them to the Ministry.

26. The Department shall also carry out the following functions and duties for conservation of
environment:
(a) Collection and compiling of data for the conservation and enhancement of the environment,
doing research and conducting training programs;
(b) Making plans to be carried out according to mitigation of climate change and adaptation
policy;
(c) Implementing the dissemination of environmental information and enhancement of
environmental awareness;
(d) Managing and carrying out environmental conservation awareness education and
broadcasting works for enabling to teach environmental subjects in schools and public
participation in environmental conservation activities;
(e) Scrutinizing and submitting so as to enable to issue necessary permissions relating to
business, factory and workshop which has an impact on environmental quality and would
be implemented by the Government departments, Government organizations, private
individuals and private organizations;
(f) Scrutinizing and giving remark in response to the request of the relevant departments,
organizations relating to import, export and transportation of hazardous substances, which
can damage the environment and are restricted or prohibited by international agreements
and local existing laws;
(g) Determining and declaring guidance relating to the Environmental Impact Assessment
procedure;
(h) Preparing Environmental Impact Assessment system and submitting to the Ministry;
(i) Preparing and submitting an environmental situation report for the whole country;
(j) Declaring the environmental situation to the whole country, to each region or for a
particular case to the public in accord with the guidance of the Ministry.

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Chapter (IV)

International, Regional and Bi-lateral Cooperation Relating to Environmental

Conservation

27. The Committee may, if it considers that it is necessary to conclude international, regional and
bilateral agreements, instruments relating to matters of environmental conservation, assign the
Ministry to proceed as appropriate after obtaining an approval from the Union Government.

28. The Committee, in order to carry out conservation and enhancement of the environment
according to international convention, regional and bilateral agreements relating to
environmental conservation which shall be implemented by Myanmar:
(a) May discuss with the relevant Government departments and Government organizations;
(b) May arrange for cooperation and participation of the Ministry and relevant Government
departments and Government organizations for implementation.

Chpater ( V)

Environmental Management Fund

29. The Committee, for conservation of environment:

(a) May accept the donation, aid and others in cash or by account ransfer or any other means;
(b) Shall deposit donation, aid and others contained in sub-section (a) to the environmental
management fund;
(c) Shall expend the environmental management fund only for environmental conservation
matters except that the Committee decides to use in other case;
(d) Shall instruct the Ministry to maintain the receipts under sub-section (a) with statistics, to
use, inspect and manage them.

30. The Ministry:

(a) May determine necessary facts including conditions and the amount of compensation paid
by the polluter, who make a damage to the environment, with the approval of the
Committee;
(b) May determine, with the approval of the Committee, necessary facts including the amount
of money which shall be contributed by organizations which obtain benefit from the natural
environmental service system and businesses which explore, trade and use the natural
resources from a part of the benefit for the fund to be used in environmental conservation
works.

31. The Ministry shall establish the environmental management fund with the following receipts to
implement environmental conservation activities effectively :
(a) Receipts from the Union Consolidated fund;
(b) Receipts from the Ministry by carrying out its duties relating to environmental
conservation;
(c) Loan, donation, grant and other lawful receipts from the Committee and the Ministry
from local and overseas;

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(d) Compensation by the polluter under sub-section (o) of section 7 of the Law and section 30
of the Rules, and contribution of organizations which obtain benefit from natural
environmental service system and contribution of businesses, which explore, trade and use
the natural resources from a part of the benefit the for the fund for environmental
conservation works.

32. The Ministry may assign duty to the Department to carry out depositing, managing,
withdrawing to use, transferring and keeping financial records of the environmental
management fund according to section 31, in accord with the guidance of the Committee.

33. The Department, regarding the environmental management fund in accord with the guidance
of the Ministry,
(a) Shall set up a withdrawl account at any State-owned bank;
(b) Shall set up an account for each category of material, donation and grant and make a
record;
(c) Shall manage in accordance with the financial regulation;
(d) Can withdraw, use and transfer the fund for expenses

34. The Department shall carry out depositing money to and withdrawing money from the
environmental management fund , keeping financial records and reporting to the Ministry
monthly.

35. The Ministry may contribute and expend the environmental management fund for the
expenditure for special matters relating to management, conservation and enhancement of
environment for the matters of protection of the ozone layer, conservation of biological
diversity, conservation of coastal area, mitigation and adaptation of global warming and climate
change, combating desertification, pollution control, management of non-depleting substances,
doing research and development for environmental conservation and other environmental
matters.

Chapter (VI)

Environmental Emergency

36. The Committee:

(a) Shall, if it knows and belives by itself or if it receives reliable information from the Ministry
or any other Government department or Government organization or by any other means
that any situation of environmental emergency arises or likely to arise in the entire country
or in Nay Pyi Taw or in any Region or State or in any area, inform immediately to the
Union Government to enable to declare occurrence of an environmental emergency:
(b) If it is considered that an emergency situation is over, it shall inform to the Union
Government to enable to declare the termination of the environmental emergency.

37. The Ministry:

(a) Shall prepare the emergency response plans for the environmental emergency in advance
in coordination with the relevant Government departments and Government organizations;

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(b) Shall carry out, as may be necessary, in coordination and cooperation with the relevant
Government departments, Government organizations, Non-governmental organizations
and Experts, in accord with the guidance of the Union Government, to enable to prevent
damage to the environment which is caused or likely to cause by environmental emergency.

Chapter (VII)

Environmental Quality Standards

38. The Ministry:

(a) May stipulate, with the approval of the Union Government and the Committee, the
environmental quality standards contained in sub-section (d) of section 7 and section 10 of
the Law for the whole country, for any area or urban or rural, area, any river, any stream,
any lake, or a part of them for environmental conservation and enhancement by notification;
(b) May coordinate and cooperate as necessary with the relevant Government department,
Government organization, other Government departments, other Government
organizations which are responsible to stipulate environmental quality standards, Nay Pyi
Taw Council, Region or State Governments, City Development Committees, District
Development Committees and Non-governmental organizations in stipulating the
environmental quality standards under sub-section (a);
(c) May modify such stipulation under sub-section (a), as may be necessary, for the interests
of the public according to the time and area;
(d) May carry out, as may be necessary, activities to encourage the public as well as the relevant
Government departments and Government organizations to comply with the environmental
quality standards stipulated under sub-section (a).

39. The Department:

(a) Shall prepare the environmental quality standards for the Ministry in accordance with
section 38 (a), in co-ordination with the relevant Government departments, Government
organizations, other Government departments and organizations which are responsible to
stipulate environmental quality standards, the Nay Pyi Taw Council, Regional or State
Governments, City Development Committees, Regional Development Committees, Non-
governmental organizations and Experts, as may be necessary, and submit them to the
Ministry;
(b) May conduct necessary special inspections and investigations at necessary time and place
to enable to stipulate environmental quality standards.

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Chapter (VIII)

Management of Urban Environment

40.
(a) The Ministry may give necessary advice about environmental conservation if the relevant
Government departments and Government organizations, private organizations and
individuals ask an advice about urban environmental management contained in section 17
of the Law in accord with the guidance of the Committee, or if it considers necessary;
(b) The Department shall submit an advice about urban environmental management with its
comments to the Ministry if it is necessary.

Chapter (IX)

Waste Management

41. The Ministry shall specify categories and classes of hazardous wastes generated from the
production and use of chemicals or other hazardous substances in carrying out industry,
agriculture, mineral production, livestock and fisheries, waste disposal and other activities in
coordination with the relevant Government department and Government organization.

42. The Ministry, to enable to promote the establishment of necessary facilities or centers for the
treatment of solid waste, liquid waste and gas emissions which contain poisonous and
hazardous substances, shall cooperate with the relevant Government departments, Government
organizations and experts:
(a) May cause certain categories of business which release solid waste, liquid waste and gas
emission containing prescribed amount of poisonous and hazardous substances to carry out
treatment by establishing its own waste treatment factory or waste treatment station, or
combined waste treatment factory or waste treatement station;
(b) May determine the period for the businesses, which were established before the issue of
these rules and are responsible to establish its own waste treatment factory or waste
treatement station, or combined waste treatment factory or waste treatment station, to
establish factories and stations for waste treatment;
(c) May assign duty to the Department to inspect and report whether the businesses concerned
comply with waste treatment under sub-section (a).

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43. The Ministry:

(a) May prescribe the terms and conditions relating to effluent treatment in industrial estate,
special economic zones and other necessary places and buildings, and emissions of
machines, vehicles and mechanisms;
(b) May prescribe supervision methods relating to confiscation, storing, keeping safety
measures, transportation, import, export, managing such material with advanced
technology, treatment and disposal of hazardous waste;
(c) May adopt necessary measures for improvement of destruction, storage, placment and
transportation of solid waste in coordination with the relevant Government departments
and Government organizations;
(d) May adopt cleaner production methods and recycling method of natural resources and
wastes in industries and businesses.

44. The Department shall specify the categories and classes of hazardous wastes generated from
the production and use of chemicals or other hazardous substances in carrying out industry,
agriculture, mineral production, livestock and fishery, waste disposal and other works, in
coordination with the relevant Government departments and Government organizations, if
necessary relevant non-governmental organizations according to the guidance of the Ministry
and submit them to the Ministry.

45. The Department shall inspect whether the businesses which are responsible to establish a waste
treatment factory or center under section 42 comply with terms and conditions of waste
treatment according to the guidance of the Ministry and submit a report to the Ministry.

46. The Department:

(a) Shall prepare the terms and conditions relating to effluent treatment in industrial estates,
special economic zones, other necessary places and buildings, and emissions of machines,
vehicles and mechanisms and submit them to the Ministry;
(b) Shall prepare methods for supervision of confiscation, storage, keeping safety measures,
transportation, import, export, managing that material with advanced technology, treatment
and disposal of hazardous waste and submit them to the Ministry;
(c) Shall cause to implement and supervise the measures adopted by the Ministry for the
improvement of destruction, storage, placement and transportation of solid waste;
(d) Shall submit a report to the Ministry after inspecting industries and businesses whether
cleaner production methods and recycling method of natural resources and wastes
stipulated by the Ministry are adopted.

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Chapter (X)

Conservation of Natural Resources and Cultural Heritages

47. The department:

(a) Shall scrutinize the situation of performance relating to conservation, management,
beneficial use and sustainable use of natural resources and enhancement of regional
cooperation implemented by the relevant Government departments and Government
organizations in accord with the guidance of the Union Government and the Committee
according to section 18 of the Law and report the progress to the Ministry;
(b) Shall coordinate with relevant Government departments and Government organizations not
to deplete the habitats of natural plants and living things when implementing facts
contained in sub-section (a).

48. The Ministry may cooperate with the relevant Government departments and Government
organizations or assign duty to cooperate them when carrying out environmental conservation
activities for perpetuation of cultural heritage areas, natural heritage areas, cultural monuments,
buildings and natural areas according to one of the exsiting Laws.

49. The Ministry may assign duty to the Department to cooperate with the relevant Government
departments and Government organizations when making proper land use for perpetuation of
natural resources and cultural heritages contained in section 18 of the Law.

50. The Ministry may communicate and coordinate with the international organizations, as may be
necessary, to enable to obtain necessary technology, skill assistance for perpetuation of natural
resources and cultural heritages.

Chapter (XI)

Environmental Impact Assessment

51. The Ministry may assign duty to the Department for enabling to adopt and implement the
environment impact assessment system.

52. The Ministry shall determine the categories of project, business, service or activity which shall
conduct environmental impact assessment.

53. The Ministry may cause the categories of proposed project, business, service or activity which
are not included in the categories stipulated under section 52 to conduct an initial environmental
examination so as to enable to scrutinize whether or not environmental impact assessment study
is necessary to conduct for such projects.

54. Government department, organization or an individual who would develop the categories of
project, business, service or activity stipulated under section 52:
(a) Shall conduct an environment impact assessment for his project, business, service or
activity;
(b) Shall submit that the environment impact assessment is intended to conduct by which third
party or an organization to the Ministry in advance;
(c) Shall submit the environmental impact assessment report to the Ministry.

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55. Government department, organization or an individual which has been established before the
enaction of these rules and is responsible to coduct the environmental impact assessment or
initial environmental examiniation for the project, business, service or activity:
(a) Shall prepare the environmental management plan according to environmental impact
assessment procedure and submit it to the Ministry;
(b) Shall implement an environmental management plan with stipulated terms and conditions
approved by the Ministry within the time stipulated by the Ministry.

56. Government department, organization or an individual who develops the project, business,
service or activity shall manage to conduct environmental impact assessment by a third party
or an organization with suitable qualifications accepted by the Ministry.

57. The Ministry shall, upon submission that the environmental impact assessment is intended to
conduct by which third party or organization under section 54 (b) to the Ministry in advance,
determine and decide after making scrutiny whether or not it is a suitable third party or an
organization to conduct the environmental impact assessment. The decision of the Ministry
relating to such matter is final and conclusive.

58. The Ministry shall form the environmental impact assessment report Review Body with experts
from relevant Government departments and organizations.

59. If private experts are included in the environment impact assessment report Review Body,
honorariums, expenses and allowances for them shall be borne from the environmental
management fund.

60. The Ministry may assign the Department to scrutinize the report of environmental impact
assessment prepared and submitted by a third party or an organization and report to the Ministry
through the environmental impact assessment Review Body.

61. The Ministry may approve and reply the environmental impact assessment report or
environmental management plan with the guidance of the Committee.

Chapter (XII)

Prior Permission

62. The Ministry shall determine and declare the categories of business, work-site or factory,
workshop which may cause an impact on the environmental quality with the approval of the
Committee and with the agreement of the Union Government.

63. The owner or occupier of the category of business, work-site or factory, workshop stipulated
under section 21 of the Law and section 62 of the Rules shall apply the application (Form-1) to
the Ministry to obtain the prior permission.

64. The Ministry shall, if the application for prior permission is allowed after scrutiny, issue the
prior permission in Form-2 by stipulating terms and conditions. The business, work-site or
factory, workshop which the Ministry issued prior permission shall be registered and kept as
records.

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65. The Ministry may, if it refuses any application to issue prior permission as it is not in conformity
with the stipulations, allow such application to re-apply for the issue of prior permission after
it is performed in conformity with such stipulations completely.

66. The Ministry may check whether or not it complys with stipulated terms and conditions when
issuing prior permission:
(a) May assign duty to the Department to scrutinize and inform;
(b) May inform to the relevant Government department and Government organization to
scrutinize and inform.

67. The investor shall obtain the approval of the Ministry concerning the environment impacts.

68. For improvement of environmental management, the small scaled private enterprise, factory
and workshop which are not included in the categories stipulated in sections 52 and 53 and 62
shall obtain a comment from the Department concerning the environment impacts before
applying a permission and a license to the Ministry concerned to construct or operate the
business.

Chapter (XIII)

Prohibitions

69.
(a) Any person shall not emit, ask to emit, dispose, ask to dispose, pile and ask to pile, by any
means, hazardous waste or hazardous substances stipulated by notification according to
any rules in this rules at any place which may affect the public directly or indirectly.
(b) Nobody shall carry out any activity which can damage the ecosystem and the natural
environment which is affected due to such system, except for the permission of the Ministry
for the interests of the people.
Chapter (XIV)

Miscellaneous

70. The Committee may coordinate and cooperate to have a contact person or a division in relevant
Government departments and Government organizations to enable to cooperate to carry out
environmental conservation activities in each sector.

71. The Ministry may give a certificate of honor or an acknowledgement of good environmental
management to the city, place, factory, workshop, project, etc... which is good in environmental
management.

72. The Department which shall carry out the functions and duties of the Department according to
these rules is the Environmental Conservation Department of the Ministry of Environmental
Conservation and Forestry.

73. The Environmental Conservation Department may delegate to carry out his functions and
powers of the Environmental Conservation Department to the relevant officer-in-charge of the
Environmental Conservation Department in Region or State as necessary.

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74. Any person who finds the commission of any act which may affect the environment or the
violation of any prohibitions may, for environmental conservation, inform to the relevant
Township General Administration Department, relevant department and organization or the
office of the ward or village-tract administrator.

(Sd.) Win Tun

Union Minister

Ministry of Environmental Conservation and Forestry

Letter No. 2/ 220 (b) (6)/ (4301/ 2014)

Date: 5th June, 2014

Delivered to

The President Office

The Union Government Office

The Hluttaw Office

The Supreme Court of the Union

The Court of National Constitutional Law

The Office of Union Election Commission

The Office of Union Attorney General Office

The Office of the Auditor General of the Union

The Office of Union Gazetted Officers

All Union Ministries

Myanmar Central Bank

Naypyitaw Concil, State and Regional Ministers

Offices of State and Regional Government

Secretary, Myanmar Investment Committee

Managing Director, Printing and Publishing Enterprise

(A request to announce in the Myanma Gazette)

Office Copy

Myo Nyunt

Staff Officer

Ministry of Environmental Conservation and Forestry

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Form (1)

Application for the Issue of Prior Permission

( Rule 63)

To

Union Minister

Ministry of Environmental Conservation and Forestry

Dated:…. Year…. Month…Day

Subject: Application for the issue of prior permission

1. I Mr./Ms……………………………………………… residing at …..……………… Region

…..……………………Township….……………… City ….………………………Ward/Village-tract
apply for the issue of prior permission according to section 64 of the Environmental Conservation Rules
to carry out the following business.
2. The relevant facts are submitted as follows:
(a) Name of applicant owner …………………………………………………………………
(b) Name of Father……………………………………………………………………………
(c) National Registration Card (NRC) No.………………………………………..…………
Passport No. ………………………………………..………………..……………………
(d) Place of issuing NRC……………………………………………………………………
Place of issuing Passport…………………………………………………………………
(e) Nationality ………………………………………………………………………………
(f) Place of birth ……………………………………………………………………………
(g) Address …………………………………………………………………………………
1) If he is a Myanmar nationality, local address……………………………………
……………………………………………………………………………………
2) If he is a foreigner, address in his own country …………………………
……………………………………………………………………………………
3) If he is a foreigner, address in Myanmar……………………………………
……………………………………………………………………………………
(h) The type of business for which the prior permission is requested ………………
……………………………………………………………………………………………
…………………………….……………………………………………………………
(i) The address of the business/ work-site/ factory/ workshop …………………….………
………………………………………………………………………………….…………
(j) To attach the copy of the company registration if it is a company.
(k) To attach the copy of permission, license, permit of the business if it is obtained from
other Government departments and Government organizations.

Applicant

(Mr. / Ms…..)

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Environmental Conservation Rules

Form (2)

Prior permission

( Rule 64)

Subject: Issuing prior permission

1. Prior permission is given to U/ Daw…………………………………………… who resides in

………..………… Country, ……..……..……..…… Region/ State, ………………………… City,
……………………… Township, ……………………. Ward or Village in response of requesting prior
permission for a business which is described in the paragraph 2 with the condition that the applicant
must follow the rules and regulations described in the paragraph 3 according to section 64 of the
Environmental Conservation Rules.

2. Applied Business Information

(a) Type of business for which the prior permission is requested ……………………………………
….…………………………………………………………………………………………………….…
….…………………………………………………………………………………………………….….
(b) The address of the business/ work-site/ factory/ workshop…………………………………………
……………………………………………………………………………………………………………
…………………….………………………………………………………………………….…….…….

3. Rules and regulations

(a) Paying compensation with the amount of money decided by the Ministry if the project pollutes the
Environment.

(b) If there is benefit from natural environmental service system, a specified amount of money decided
by the Ministry should be contributed to the fund.

(c) If it is the extraction of natural resources, a part of the benefit must be contributed to the fund of
environmental management for environmental conservation works according to the Ministry.

(d)………………………………………………………………………………………………………

………………………………………………………………………………………………………. …

(e)………………………………………………………………………………………………………

…………………………………………………………………………………………………………

(f)…………………………………………………………………………………………………………

…………………………………………………………………………………………….……………

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