Strategic Environmental Assessment - Baseline Myanmar

        2017-05-29

SEA Baseline Myanmar

Table of Contents

1.        Introduction        2

2.        SEA Background        2

2.1        Country’s planning system        2

2.2        History of SEA        2

3.        Legal framework for SEA        3

3.1.1        Framework/enabling law        3

3.2        Year of introduction        4

3.3        Approving authority        4

3.4        National SEA procedures/regulations        4

3.5        Sectoral specific SEA procedures/regulations        5

3.6        Guidelines        5

3.7 Objectives of SEA        5

3.8 Scope of SEA application        5

3.9 Exemptions from SEA application        5

3.10 SEA approach        5

3.11 SEA tiering with EIA        5

4.        Institutional setting for SEA        5

4.1        Central SEA authority        5

4.2 (De)centralisation of SEA mandates        6

4.3 Initiator of the SEA        6

5.        SEA procedures        6

5.1 Establishing context        6

5.2 Implementing the SEA        6

5.3 Recommendations to decision makers        6

5.4 Monitoring        6

5.5 Capacity building        7

6.        SEA practice        7

7.        SEA links        7

References        8

1. Introduction

This baseline document is based on a desk study which has been prepared to identify relevant information on Strategic Environmental Assessment (SEA) for the Sida financed Advanced International Training Programme on SEA (ITP SEA). This baseline document provides basic and initial information related to the current SEA system in Myanmar.^[1]

Each participant in the ITP SEA is asked to carefully review and, when necessary, revise and update the information pertaining to their respective country SEA baseline. Please note that all the Baseline studies carried out as part of the training program may be published on NIRAS and/or GMV’s websites to promote the dissemination of knowledge about SEA.

1. SEA Background

1. Country’s planning system

Recently, the Myanmar Government started to put in place a more coherent approach to development, which amongst others includes the long-term (20 years) National Comprehensive Development Plan (NCDP) and shorter-term (5 year) plans, and the National Spatial Development Plan (NSDP). The NCDP is governed by Ministry of National Planning and Finance and National Spatial Development Plan is governed by the Ministry of Construction.

The Framework for Economic and Social Reform (FESR 2013-2015) sets a direction for the continuing reform process, articulating its broad goals and its medium-term objectives.

The basic act for physical plans in Myanmar is National Housing Town and Country Development Act legislated in 1951. Provisions of this old act no longer match the situation nowadays that Ministry of Construction, having jurisdiction over this act, proceeds drafting of the replacing act – the National Spatial Development Planning Act. The contents of the newly drafted act, as of December 2012, includes: spatial planning policy for three spatial levels (national, regional (region/state) and township), land use regulations, and development permission criteria. It proposes to give roles to districts, which are at the administrative level between region/state and township, of putting township plans together. Ministry of Construction also has a vision of integrating the Spatial Planning system with the system of National Comprehensive Development Plan, which Ministry of National Planning and Finance establishes.^[2]

1. History of SEA

National Commission on Environmental Affairs (NCEA) was formed in 1990 with the purpose of setting environmental standards and creating environmental policies for utilizing natural resources and controlling environmental pollutions.

NCEA adopted the National Environmental Policy in 1994 to ensure incorporation of environmental concerns in planning for economic development. The policy emphasizes the responsibility of the state and its citizens to preserve its natural resources for the interest of the present and future generations.

The commission also formulated a blue print, the Myanmar Agenda 21, in 1997, serving as a framework for integrating environmental considerations in future national development plans as well as sectorial and regional development plans in Myanmar with the purpose of securing the aims of sustainable development. The NCEA did undertake efforts to introduce EIA formally, but this process was never finalized.

In 2005, the NCEA became part of the Ministry of Forestry which, in 2011, was replaced by the Ministry of Environmental Conservation and Forestry (MOECAF) which, in 2016, was also reformed as  the Ministry of Natural Resources and Environmental Conservation (MONREC). Ministry of Mine is allocated under MONREC. MONREC was handed over the role and responsibility of country’s path to the sustainable development and commitment in accordance with environmental policy.

SEA concept is quite new to the developers, consultants and policy makers itself in Myanmar. In addition, there was no formality of requiring SEA development and production until EIA procedure ( 2015) was enacted in December 2015 . Thus, most of the SEA prepared with the assistance of international organizations could be considered to be voluntary basis. The known SEA studies conducted and being conducted in Myanmar up to date are;

1. Strategic Environmental Assessment for the Strategic Urban Development Plan of the Greater  Yangon prepared by Nippon Koei Ltd
2. Community  based Strategic Environmental Assessment for Ayeyarwaddy River   with the aid of  Mekong  Energy and Ecology Network  ^[3]
3. Strategic environmental assessment for the second phase of the Thilawa Special Economic Zone (SEZ) by Japan-based Environmental Resource Management Company, in collaboration with Myanmar’s E-Guard Environmental Services^[4]
4. Strategic Environmental Assessment for Ayeyarwaddy Delta Strategy  by  Ministry of Irrigation and Agriculture with technical and financial assistance of Netherland Commission for Environmental Assessment  (  in progress )
5. Strategic Environmental Assessment for Hydropower Sector  with aid of International Finance Corporation ^[5] (in progress )

 The completion, implementation and follow-up status of SEA reports of no 1, 2 and 3 are not known yet.  

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