Legal and approval requirements applicable to the Project related to the environment will be identified by MYTCL.
To meet environmental, legal and other requirements, MYTCL shall· Comply with all Myanmar laws, rules and regulations, including the Mines Rules 106 and Clauses 14 and 15 of the Environmental Conservation Law (2012);
· Ensure that legal and other obligations are incorporated in the designs, procedures and project controls.
· Communicate legal and other requirements to personnel and contractors accountable for compliance.
· Ensure all relevant legal and other requirements and associated documentation (e.g. licenses, permits, approval applications) are readily available on site to MYTCL personnel, contractors, subcontractors and consultants.
· Conduct a compliance audit at least annually and ensure there is a process in place to monitor on-going compliance with all legal and other requirements. Where work or construction activities are less than 12-months in duration at least one compliance audit will occur.
The following Myanmar Acts and Rules apply to the S&K Copper Project:
· Environment Conservation Law (2012);
· Environmental Conservation Rules (Notification No. 5/2014);
· Foreign Investment Law (2012);
- Foreign Investment Rules (2013) by the Ministry of National Planning and Economic Development;
- Notification No. 1/2013 by Myanmar Investment Commission;
- Notification No. 50/2014 by Myanmar Investment Commission;
· The Conservation of Water Resources and Rivers Law (2006);
· The Conservation of Water Resources and Improvement of River Systems Rule (2013);
· Mines Law (1994) and accompanying Mining Rules:
· The Prevention of Hazard from Chemicals and Related Substances Law (2013);
· Notification No. 37/2014 for usage and handling of substances that deplete the ozone layer;
· The Water Power Act (1927);
· The Forest Law (1992);
· Protection of Wild Life and Wild Plants and Conservation of Natural Areas Law (1994);
· Fresh Water Fisheries Law (1991);
· Petroleum Act (1934);
· Petroleum Rules (1937);
· The Explosives Act (1887);
· The Explosive Substance Act (1908);
· Chemical Safety Law (2013);
· Farm Land Law (2012);
· Fallow and Virgin Lands Management Rules (2013);
· The Protection and Preservation of Cultural Heritage Regions Law (1998);
· Archive Properties (Amendment) Act (1962);
· The National Drug Law (1992);
· The Traditional Drug Law (1996);
· The National Food Law (1997);
· Prevention and Control of Communicable Diseases Law (1995);
· The Minimum Wage Law (2013);
· Settlement Trade Dispute Law (2012);
· Trade Union Law (2012);
· The Essential Supplies and Service Act (2012);
· Myanmar Insurance Law (1993);
· The Factories Act (1951);
· Workmen’s Compensation Act (1923);
· Development of Employment and Skill Law (2013);
· Social Welfare Law (2012);
· Social Welfare Rules (2014);
· Leave and Public Holidays Act (1951)
· Union of Myanmar Public Health Law (1972);
· Standardisation Law (2014);
· Import and Export Law (2012);
· Science and Technology Development Law (1993);
· Myanmar Citizen Investment Law (2013);
· Myanmar Engineering Council Law (2013);
· The City of Yangon Development Law (1990);
· The City of Mandalay Development Law (1992);
· Guideline to Overview of Labour Laws in Myanmar published by the Ministry of Labour 2004.
EXISTING ENVIRONMENTAL LEGISLATION
The information for the following sections describing the Myanmar legislation with reference to environmental assessment was provided by Myanmar Legal Services Limited (2015).
Although Myanmar does have some legislation related to protecting people and the environment, the country lacks the necessary adequate administrative and legal structures, standards, and safeguards to enforce such provisions. In addition, while Myanmar is party to several international treaties such as the Convention on Biological Diversity (CBD), in the past, Myanmar has not incorporated the provisions contained in these agreements into domestic law. For example, national laws did not require specific environmental and social impact assessments (ESIA) or public participation by local communities in the decision-making processes of large-scale development projects. However, to address the environmental expectations of the laws described below, an ESIA would be required to establish the mechanisms for preventing such actions from occurring. There are no specific laws that comprehensively regulate pollution, no standards to adequately protect biodiversity, develop resettlement plans, or provide compensation. There are, however, the 1995, Community Forest Instructions (CFI), the March 2012 Environmental Conservation Law, the November 2012 Foreign Investment Law, Rules and Notification by Myanmar Investment Commission (2013), Rules of the Conservation of Water Resources and Rivers Law(2013) and the Land Acquisition Act that, if systematically enforced, would improve environmental protection and the land-based rights of local populations. Myanmar became a party to the CBD in 1994. Article 14(1)(a) of the Convention requires an EIA and Article 8(j) mandates indigenous participation where there is a significant impact on biodiversity. Section 54 of the 2012 Foreign Investment Law provides that “If any provision of this Law is contrary with any matter of the International Treaty and Agreement adopted by the Republic of the Union of Myanmar, the matters contained in the International Treaty and Agreement shall be abided by."
THE ENVIRONMENTAL CONSERVATION LAW 2012 (ECL)
The ECL, the landmark law specifically dedicated to address environmental conservation, was enacted:
a) to implement the national environmental policy;
b) to lay down basic principles and provide guidance to systematically integrate environmental conservation matters with the sustainable development works;
c) to build a healthy and clean environment and to conserve natural and cultural heritage for the benefit of current and future generations;
d) to restore the deteriorating and disappearing ecosystem to the fullest extent possible;
e) to enable to manage and implement for the decrease and loss of natural resources and for enabling the benefits of sustainable use;
f) to enable promotion of public awareness and cooperation in the matters of environmental conservation;
g) to enable promotion of international, regional, and bilateral cooperation in the matters of environmental conservation; and
h) to co-operate with the government departments and organisations, international organisations, non-governmental organisations and private individuals on environmental conservation matters.
FOREIGN INVESTMENT LAW 2012 (FIL)
The FIL, in its Basic Principles, states that the investment shall be allowed based upon principles including “protection and conservation of the environment”.
The duties of the investor requires the carrying out of business in a manner not to cause environmental pollution or damage in accord with existing laws in respect of investment business.
CONSERVATION OF WATER RESOURCES AND RIVERS LAW (2006)
The Conservation of Water Resources and Rivers Law (2006) was promulgated on 2nd October 2006. The aims of this Law are as follows:· To conserve and protect the water resources and rivers system for beneficial utilisation by the public;
· To ensure smooth and safe waterways navigation along rivers and creeks;
· To contribute to State economic development through improving water resources and river systems; and
· To protect environmental impact.
Section 2 (m) states that: Environmental impact means polluting the environment or damaging ecosystem caused by vessels plying in the rivers and creeks or factories, mills, workshops and dwellers near rivers and creeks.
MINES LAW (1994) (MML) AND ASSOCIATED MINES RULES
The Mines Law (1994) aims to protect the environment from mining operations that may be detrimental to conservation of environmental quality.
Section (3) of the Mine Law states the objectives as follows:
· To carry out for the development of conservation, utilisation and research works of mineral resources; and
· To protect the environmental conservation works that may have detrimental effects due to mining operations.
Under duties of the holder of Permit, it is stated that the holder of permit shall comply with the rules prescribed under this Law in respect of the following matters:
· Making provisions for safety and the prevention of accidents in a mine and their implementation;
· Making and implementation of plans relating to the welfare, health, sanitation and discipline of personnel and workers in a mine;
· Making provisions for the environmental conservation works that may have detrimental effects due to mining operation;
· Reporting of accidents, loss of life and bodily injury received due to such accidents in the mine; and
· Submission to the inspection of the Chief Inspector and inspectors.
Rules 69 to 73 govern the rights of utilisation of land and water for mineral production which includes the provisions of the responsibility of the mineral permit holder so that there is no pollution of the environment due to the use of land and water.
The holder of a mineral exploration permit or a mineral production permit must backfill or otherwise make safe bore holes, excavations, surface of land damaged during the course of underground mining operations to the satisfaction of the Ministry or the Department. The holder must also establish forest plantations or pay compensation to the Ministry of Forestry, if trees were cut and cleared for mineral exploration or mineral production within a forest land or in a land area covered with forests.
In disposing of liquids, wastes, tailings and fumes which have resulted from mineral production, the holder of a mineral production permit must undertake laboratory tests as may be necessary for the prevention of pollution of water, air and land in the environment and for the safety of living beings. If toxic materials are found in the waste products, which are harmful to living beings, degradation shall be made by chemical means and systematic disposal shall be made only when it is assured that there is no danger.
The holder of a permit for mineral production within an area under the Ministry’s administrative control or which does not lie within the Mineral Reserve Area or Gemstone Tract, shall carry out such production only after co-ordinating and receiving agreement from the individual or organisation having the right of cultivation, right of possession, right of use and occupancy, beneficial enjoyment, right of succession or transfer of the said land.
If the holder of a mineral production permit requires the use of public water for mineral production he shall first and foremost inform the Department of such requirement in accordance with the prescribed manner.
If the Department, after scrutinising the requirement submitted under Section 16 finds that the use of public water is necessary for the holder of a mineral production permit, it shall co-ordinate with the relevant government department(s) and organisation(s) to obtain permission to use water in accordance with the existing law.
Chapter XXI of the Myanmar Mining Rules (MMR) describes “making provisions to prevent detrimental effects due to mining operations on the environmental conservation works”. The requirements include:
· Backfilling or making safe bore holes, excavations or surface of the land damaged during the course of underground mining; and
· Undertaking laboratory tests, as necessary, to prevent pollution of water, air and land.
THE PREVENTION OF HAZARD FROM CHEMICALS AND RELATED SUBSTANCES LAW (2013)
The Prevention of Hazard from Chemicals and Related Substances Law was enacted on 26th August 2013. The objectives of this Law include: protecting natural resources from decrease and loss, and safeguarding living things from endangerment caused by chemical and chemical related substances; and systematically controlling safety in carrying out approved chemical and associated materials businesses. The Law requires continuous development of worksite safety, health and environmental conservation.
The Prevention of Hazard from Chemicals and Related Substances Law (2013) defines Chemical as: imposing danger to the health or life of man or animal or chemical element, chemical compound and chemical mixture which cause bad consequences to the environment naturally or appearing after created by man. This definition includes the vapour, liquid, waste materials of oily and solid which act chemically and technically.
Section 5 deals with the investigation and effective management of workers' health, both directly and indirectly affected by environmental pollution, from chemical and associated materials businesses. It provides for the review of and arranging effective management for causing harm to the environment due to chemical and associated materials. It includes forming teams, assigning and taking action to assessment the causes of harm to the health and safety of man and animals and the environment.
Section 8 specifies regulations and inspecting whether the specified regulations are followed or not in connection with the vapour, liquid, oil and solid waste emitted from chemical and associated materials businesses, destroying, dumping, and disposing of damaging or expired chemical and associated materials. It also specifies the danger levels and danger types of the chemical and associated materials.
Section 16 requires following actions by the licence holder:
· To determine whether dangerous to man, animals and environmental health by being examined by the relevant supervising teams and inspection teams;
· If storing dangerous chemical and associated materials, to provide a copy of the permit to the relevant township general administration department;
· If the business is prone to fire hazard from using inflammable materials or explosives, then prior consent and directive to be obtained from the relevant fire service department;
· To obtain the approval of the central supervising body if chemicals and associated materials are transported from the permitted premises to any other
· To abide by the law relating to the environment in order not to impact the environment in undertaking chemical and associated materials business.
Section 17 requires the license holder to have insurance in accord with the stipulations to pay for the compensation if any loss occurred to man and animals or environment in respect of the chemical and associated materials business.
Section 26 indicates that the central supervising body shall prohibit the license holder from undertaking chemical and associated materials business if it knows that the permitted chemical and the associated materials are prone to danger for man, animals and the environment, in accord with the particulars received locally and abroad. If necessary, the registered certificate shall be repealed.
2.8.1 Notification No. 37/2014: Order relating to the usage and handling of substances that deplete the ozone layer.
Paragraph 3 of this Order indicates that any individual or organization who intends to import or export ozone-depleting substances or products and/or which are used by ozone-depleting substances must apply to the Ministry of Environmental Conservation and Forestry.
THE WATER POWER ACT (1927)
Section 3 of the Act states:
When rules made under this Act prescribe licenses for the use of any public water for obtaining energy or for mining operations, no person shall use, or attempt to use, any such water for any such purpose, or pollute or obstruct the flow of any such water, or discharge therein any mining refuse, except under and in accordance with the terms of such license or any grant, lease or license from the President of the Union of, or in
respect of, any land.
No person shall sink a bore for the purpose of obtaining underground water except under and in accordance with the terms of a license granted by the water officer.
Every person owning a bore which was in existence before the extension of this Act to the local area concerned shall apply to the water officer for a license for the said bore, and such bore, and such license shall be granted free of charge.
THE FOREST LAW (1992)
This law shall be implemented in accordance with international agreements relating to the conservation of forests and the conservation of environment.
PROTECTION OF WILD LIFE AND WILD PLANTS AND CONSERVATION OF NATURAL AREAS LAW (1994)
The objectives of this Law are as follows:
· To implement the policy of the Government of protecting wild life and wild plants;
· To implement the policy of the Government of conserving natural areas;
· To carry out, in accordance with International Conventions adopted by the State, in respect of the preservation of wild life and wild plants, living and non-living organisms and migratory birds;
· To protect wild life and wild plants in danger of extinction and the habitats thereof;
· To contribute towards works of natural scientific research; and
· To protect wild life and wild plants by the establishment of Zoological gardens and botanical gardens.
THE EXPLOSIVES ACT (1887)
Section 5 (1)
The President of the Union may make rules consistent with this Act to regulate or prohibit, except under and in accordance with the conditions of a licence granted as provided by those rules, the manufacture, possession, use, sale, transport and importation of explosives, or any specified class of explosives.
Section 16 (1)
Notwithstanding anything in the rules under the previous section, the President of the Union may, from time to time, by notification in the Gazette, prohibit, either absolutely or subject to conditions, the manufacture, possession or importation of any explosive which is of so dangerous a character that, in the opinion of the President of the Union, it is expedient for public safety to issue the notification.
THE EXPLOSIVE SUBSTANCES ACT (1908)
Any person who unlawfully and maliciously causes, by any explosive substance, an explosion of a nature likely to endanger life or to cause serious injury to property shall, whether any injury to person or property has been actually caused or not, be punished with transportation for life or any shorter term, to which a fine may be added, or with imprisonment for a term which may extend to ten years, to which a fine may be added.
THE PROTECTION AND PRESERVATION OF CULTURAL HERITAGE REGIONS LAW (1998)
The Ministry of Culture and the Department shall, with respect to the application for prior permission under this law, grant the application based on the following facts:
(a) Whether it can cause obstruction of the view of the cultural heritage region;
(b) Whether it is clear of the ancient monument or ancient site;
(c) Whether it can obstruct the surrounding natural landscape;
(d) Whether it can undermine the grandeur of the ancient monument;
(e) Whether it can affect the security of cultural heritage; and
(f) Whether it can cause environmental pollution.
No person shall carry out any of the following in the cultural heritage region:
(a) Destroying an ancient monument;
(b) Wilfully altering the original ancient form and structure or original ancient workmanship of an ancient monument;
(c) excavating to search for antiques;
(d) exploring for petroleum, natural gas, precious stones or minerals.
No person shall plough and cultivate or carry out any activity, which may cause damage to the cultural heritage within the boundary notified by the Department in the cultural heritage region.
ARCHIVE PROPERTIES (AMENDMENT) ACT (1962)
No person shall without the permission of the Government of the Union of Myanmar, carry out mining or digging, quarrying, or production of Petroleum or digging of earth in areas surrounding a building preserved and protected by the RevolutionaryGovernment of the Union of Myanmar. Besides, in carrying out explosive works in an area surrounding the building, the type, the quantity of explosives used and the relative distance shall be weighed so as not to endanger the building. Provided that no provisions of sub-section (1) shall be deemed to prohibit the digging in areas surrounding the building used for the purpose of cultivation.
Whoever contravenes the provisions of this section, besides being punished with imprisonment for not less than three months and not more than six months rigorous imprisonment or fine extending to three thousand Kyats or both, shall compensate for damages caused to the building by such contravention.
THE NATIONAL DRUG LAW (1992)
The Myanmar Food and Drug Board of Authority is formed with the following aims:
(a) To enable the Public to use genuine quality safe and effective drugs;
(b) To register drugs systematically;
(c) To enable the public to consume genuine quality and safe good;
(d) To control and regulate systematically manufacture import export storage distribution and sale of food and drugs.
THE TRADITIONAL DRUG LAW (1996)
Aims and objects of this law is as follows:
(a) To develop and upgrade traditional drugs and traditional medicine.
(b) To enable the public to use genuine quality safe and effective drugs.
(c) To register drugs systematically.
(d) To control and regulate systematically the manufacture of traditional drugs.
THE NATIONAL FOOD LAW (1997)
(a) To enable the public to consume food of genuine quality, hygienic and free from danger.
(b) To prevent the public from consuming food that may cause danger or is injurious to health. (c) To supervise the production of food.
(d) To control and regulate the production, import, export, storage, distribution and sale of food.
PREVENTION AND CONTROL OF COMMUNICABLE DISEASES LAW (1995)
Aim: For the prevention and control of Communicable Disease.
Under the supervision and guidance of the Health Officer of the relevant area, undertake the responsibility of carrying out the following environmental sanitation measures:-
(a) in-door, out-door sanitation or inside the fence outside the fence sanitation;
(b) well, ponds and drainage sanitation;
(c) proper disposal of refuse and destruction thereof by fire;
(d) construction and use of san1tary latrines; and
(e) other necessary environmental sanitation measures.
MINIMUM WAGE LAW (2013)
The Minimum Wages Law was enacted on 22nd March 2013. Section 12 (d) of the lawprovides that the employer shall pay the minimum wage to the workers working in the commercial, production business and service in cash.
MYANMAR INSURANCE LAW (1993)
An entrepreneur or an organization operating an enterprise which may cause loss to State-owned property or which may cause damage to the life and property of the public or which may cause pollution to the environment shall effect compulsory general liability insurance with Myanmar government.
FACTORIES ACT (1951)
Section 23: Fencing of Machinery
(1) In every factory the following shall be securely fenced by safe-guards of substantial construction which shall be constantly maintained and kept in position while the machinery is in operation:-
Section 30: Hoists and Lifts
(1) Every hoist or lift shall be of good mechanical construction, sound material and strength and shall be properly maintained.
(2) Every hoist or lift shall be thoroughly examined by an authorised examiner at least once in every period of six months and a register shall be kept containing the prescribed particulars for every such examination.
(3) Every hoistway or liftway shall be sufficiently protected by an enclosure fitted with gates. The hoist or lift and every such enclosure shall be so constructed as to prevent any person or thing from being trapped between any part of the hoist or lift and any fixed structure or moving part.
(4) The maximum safe working load shall be clearly marked on every hoist or lift and no load greater than that shall be carried thereon.
(5) The cage of every hoist and lift used for carrying persons shall be fitted with a gate on each side which provides access to a landing.
Section 32: Revolving Machinery
(1) In every factory in which the process of grinding and abrading is carried on there shall be permanently affixed to or placed near each machine in use a notice indicating the maximum safe working peripheral speed of every grinding of abrading wheel. The speed of the shaft or spindle upon which the wheel is mounted, and the diameter of the pulley necessary to secure such safe working peripheral speed.
(2) The speeds indicated in notice under sub section (1) shall not be exceeded.
(3) Effective measures shall be taken in the factory to ensure that the safe working peripheral speed of every revolving vessel, cage, basket fly wheel, pulley, discs or similar appliance driven by power is not exceeded.
Section 33 (1): Pressure Plant
(1) If in any factory, any part of the machinery or plant used in a manufacturing process is operated at a pressure above atmospheric pressure, effective
measures shall be taken to ensure that safe working pressure of such parts is not exceeded.
(2) The President may make rules providing for the examination and testing of any plant or machinery refer to in sub section (1) and prescribing such other safety measures in relation thereto as may in his opinion be necessary in any factory or class of factories.
Section 35: Heavy Lifting
(1) No woman adolescent or child shall be employed in any factory to lid or carry or move any load so heavy as to be likely to cause injury.
(2) The President may make rules prescribing the maximum weights that may be lifted, carried or moved ordinarily by persons employed in factories or in any class or description of factories or in carrying on specified process.
Section 37: Protection of Eyes
In respect of any such manufacturing process carried on in any factory as may be prescribed, being a process which involves-
(a) risks of injury to the eyes from particles or fragments thrown off in the course
(b) of the process; or
(c) risk to the eyes of exposure to excessive light, the President may make rules that require that effective screens or suitable goggles shall provide for the protection of persons employed on, or in the immediate vicinity of the process.
Section 37: Protection from Fumes
(1) In any factory no person shall enter or be permitted to enter any chamber, tank, vat, pit, pipe, flue or other confined space in which dangerous fumes are liable to be present to such an extent as to asphyxiate persons, unless it is provided with a man-hole of adequate size, or other effective means of egress.
(2) No portable electric light of voltage exceeding 24 volts shall be permitted in any factory for use inside any confined space referred to in sub-section (1), and where the dangerous fumes present are likely to be inflammable, no lamp or light other than that of flame-proof construction shall be permitted to be used in such confined space.
(3) No person in any factory shall enter or be permitted to enter any such confined space referred to in sub-section (1) unless all possible measures have been taken to remove any fumes which may be present and to prevent any ingress of fumes and unless either,
(a) a certificate in writing has been given by an authorised examiner, based on a test carried out by himself, that the space is free from dangerous fumes and fit for persons to enter; or
(b) the person entering is wearing a suitable breathing apparatus and a belt securely attached to a rope the free end of which is held by a person standing outside the confined space.
(4) In every factory suitable breathing apparatus, reviving apparatus and belts and ropes shall be kept ready for immediate use in the vicinity of any such confined space which any person has entered. All such apparatus shall be examined at regular intervals and certified by an authorised examiner to be fit for use; and a sufficient number of the persons from amongst the employed in every factory shall be trained in the use of all such apparatus and in artificial respiration.
(5) In any factory no person shall be permitted to enter any boiler, boiler furnace, boiler flue, chamber, tank, vat, pipe, or other confined space for the purpose of working or making any of examination therein until it has been sufficiently cooled by ventilation or otherwise so as to be safe for persons to enter.
(6) The President may make rules prescribing the minimum dimensions of the manholes referred to in sub-section (1), and may by order in writing exempt or subject to such conditions as he may think fit, any factory or class or description of factories from compliance with any of the provisions of this section.
Section 39: Explosive or Inflammable Dust, Fume, Etc.
(1) Where in any factory any manufacturing process produces dust, fume or vapour of such nature and to such an extent as to be liable to explode on ignition. All possible measures shall be taken to prevent any such explosion by -
(a) effective enclosure of the plant or machinery used in the manufacturing process;
(b) removal or prevention of accumulation of dust, fume or vapour;
(c) isolation or effective enclosure of all possible sources of ignition
(2) Where in any factory the plant or machinery used in a process referred to in sub-section (1) is not so constructed as to withstand the force of such an explosion, all possible measures shall be taken to prevent the spread of the explosion and to minimize the damage caused thereby, by providing chokes,
baffles, vents or other effective appliances in the plant or machine.
(3) Where in any factory any part of a plant or machinery that contains any explosive or inflammable fumes and vapour under pressure greater than
atmospheric pressure, such part shall not be opened except in accordance with the following provisions, namely:-
a) before the fastening of any joint of any pipe connected with such part is loosened, any flow of gas or vapour into the part or into any such pipe
shall be effectively stopped by a stop-valve or other means;
b) before any such fastening of any joint or any pipe or the firmly fastened cover is removed, all measures shall be taken to reduce the pressure of
the fume or vapour in the part or pipe to atmospheric pressure;
c) where any such fastening has been loosened or removed effective measures shall be taken to prevent any explosive or inflammable fume or vapour from escaping from the pipe plant or parts of machinery until such cover or joint has been firmly re-fastened or firmly refixed.
(4) No plant, tank or vessel which contains, or has contained any explosive or inflammable substance, shall be subjected in any factory to any welding, brazing, soldering or cutting operation involving the application of heat, unless adequate measures have been taken to remove such substance and fumes arising therefrom, or to render such substance and fumes non- explosive or non-flammable, and unless a certificate in writing has been given by a
competent examiner after a test carried out by himself that the plant, tank, or vessel is free from explosive or flammable vapour. No such substance shall be allowed to enter such plant, tank or vessel after any such operation, until the metal has cooled sufficiently to prevent any risk of igniting the substance.
(5) The President may by rules exempt, subject to such conditions as may be prescribed by him, any factory or class or description of factories from
compliance with all or any of the provisions of this section.
Section 40: Arrangements to be Made in Case of Fire
(1) Every factory shall be provided with such means of escape in case of fire as may be prescribed, and if it appears to the Inspector that any factory is not so provided, he may serve on the manager of the factory an order in writing specifying the arrangements which, in his opinion, should be carried out to bring the factory into conformity with the provisions of this section and any rules made thereunder, and requiring them to be carried out before a date specified in the order.(2) In every factory the doors affording egress from any room shall not be locked or fastened so that they cannot be easily and immediately opened
from the inside while any person is within the room, and all such doors, unless they are of the sliding type, shall be constructed to open outwards.
(3) In every factory, every window, door or other exit affording a means of escape in case of fire, other than the means of exit in ordinary use, shall be distinctively marked in a language understood by the majority of workers and in red letters or by some other effective and clearly understood sign.
(4) In every factory there shall be installed apparatus to give warning in case of fire clearly audible to every person employed in the factory.
(5) A passage - way giving access to such means of escape in case of fire shall be kept clear for the use of all workers in every room of the factory.
(6) Effective measures shall be taken to ensure that in every factory-
(a) where more than twenty workers are ordinarily employed in any place on the lowest floor, or
(b) where explosive or highly flammable materials are stored or used, all the workers are familiar with the means of escape in case of fire and have been adequately trained in the procedure to be followed in such case.
(7) The President may make rules prescribing in respect of any factory or class of factories, the means of escape together with the kind and number of firefighting apparatus to be provided for use in case of fire.
Section 41: Power to Require Specifications of Defective Parts or Tests of Stability
(1) If it appears to the Inspector that any building or part of a building, or any part of the passage-ways, machinery or plant in a factory is in such a condition that it will be dangerous to human life or safety, he may serve on the manager of the factory an order in writing requiring him before a specified date-
(a) to furnish such plans, specifications and other particulars as may be necessary to determine whether such building, passage ways, machinery or plant can be used with safety, or
(b) to carry out such tests in such manner as may be specified in the order and to inform the Inspector of the results thereof
(2) If it appears to the Inspector that the use of any building or part of a building or of any part of the passage ways, machinery or plant in a factory involves imminent danger to human life or safety, he may serve on the manager of the factory an order in writing prohibiting its use until it has been properly repaired or altered.
Section 43: Power of President to Make Rules to Supplement This Chapter
The President may, in addition to the safety measures mentioned in this chapter by rules prescribe further safety measures concerning the followings:
(a) further fencing regarding the safety of particular machines;
(b) the provision of devices that will prevent the uncovering of a dangerous part of any machine while it is in motion, or that will stop the machine in case of danger;
(c) the provision of automatic safety- guards that will prevent the person operating the machine from coming into contact with the dangerous part where this cannot be secured by a fixed safety-guard;
(d) the fencing of materials or articles which, being manipulated no machines while in motion are dangerous: and
(e) any other matter which may be deemed expedient in order to give effect to the provisions of this Chapter.
WORKMEN'S COMPENSATION ACT (1923)
Section 10 (A): Power to Require From Employers, Statements Regarding Fatal Accidents
(1) Where a commissioner receives information from any source that a workman has died as a result of an accident arising out of, and in the course of, his employment, he may send by registered post a notice to the workman's employer requiring him to submit, within thirty days of the service of the notice, a statement, in the prescribed form, giving the circumstances of the death.
(2) If the employer is of opinion that he is liable to deposit compensation, he shall make the deposit within thirty days of the service of the notice.
(3) If the employer is of the opinion that he is not liable to deposit compensation, he shall in his statement indicate the grounds on which he disclaims liability.
(4) Where the employer has so disclaimed liability, the Commissioner after such inquiry as he may think fit, may inform any of the dependents of the deceased workman that it is open to the dependents to prefer a claim for compensation, and may give them such other further information as he may think fit.
Section 10 (B): Reports of Fatal Accidents
(1) Where, by any law for the time being in force, notice is required to be given to any authority, by or on behalf of an employer of any accident occurring on his premises which results in death, the person required to give the notice shall, within seven days of the death, send a report to the Commissioner, giving the circumstances attending the death;
(2) Provided that, where the President of the Union has so prescribed, the person required to give the notice may, instead of sending such report to the Commissioner. Send it to the authority to whom he is required to give the notice.
(3) The President of the Union, may by notification in the Gazette, extend the provisions of sub-section (1) to any class of premises other than those coming within the scope of that sub-section, and may by such notification, specify the persons who shall send the report to the Commissioner.
Section 11: Medical Examination
(a) Where a workman has given notice of an accident, he shall, if the employer, before the expiry of three days from the time at which service of the notice has been effected, offers to have him examined free of charge by a qualified medical practitioner, submit himself for such examination; and any workman who is in receipt of a half-monthly payment under this Act shall, if so required, submit himself for such examination from time to time:
(b) If the commissioner considers it necessary for the settlement of any question arising in any proceedings under this Act, he may require a workman who has given notice of an accident to submit himself for examination by a medical practitioner, and the cost of such medical
examination, if any, shall be payable by the employer; Provided that a workman shall not be required to submit himself for examination by a medical practitioner otherwise than in accordance with rules made under this Act or at more frequent intervals than may be prescribed.
(1) If a workman, on being required to do so by the employer under sub-section (I) or by the Commissioner at any time refuses to submit himself for examination by a qualified medical practitioner or in any way obstructs the same, his right to compensation shall be suspended during the continuance of such refusal or obstruction unless, in the case of refusal he was prevented by sufficient cause from so submitting himself.
(2) If a workman, before the expiry of the period within which he is liable under subsection
(1) to be required to submit himself for medical examination voluntarily leaves without having been so examined, his right to compensation shall be suspended until he returns and offers himself for such examination.
(3) Where a workman, whose right to compensation has been suspended under sub-section (2) or sub-section (3), dies without having submitted himself for medical examination as required by either of those sub-sections, the Commissioner may, if he thinks fit direct the payment of compensation to the dependants of the deceased workman.
(4) Where under sub-section (2) or sub-section (3) a right to compensation is suspended, no compensation shall be payable in respect of the period of
(5) Where an injured workman has refused to be attended by a qualified medical practitioner whose services have been offered to him by the employer free of charge, or having accepted such offer has deliberately disregarded the instructions of such medical practitioner then if it is thereafter proved that the workman has not been regularly attended by a qualified medical practitioner and that such refusal, failure or disregard was unreasonable in the
circumstances of the case, and that the injury has been aggravated thereby, the injury and resulting disablement shall be deemed to be of the same nature and duration as they might reasonably have been expected to be if the workman had been regularly attended by a qualified medical practitioner, and compensation, if any, shall be payable accordingly.
SOCIAL WELFARE LAW (2012)
The objectives of the Social Welfare Law (2012) and accompanying Social Welfare Rules (2014) include providing workers with the right to draw back some of the contributions paid by employers and workers as savings in accordance with the stipulations, and to obtain the right to continue medical treatment, family assistance benefit, superannuation benefit, survivors’ benefit, unemployment benefit, the right to residency and ownership of housing after retirement in addition to health care and pecuniary benefit for sickness, maternity, death, employment injury of the workers.
Section 11 of the Social Welfare Law (2012) requires the following establishments to comply with the provisions for compulsory registration with the social security system and benefits (indicated in the Social Welfare Law) if they employ a minimum number of workers as determined by the Ministry of Labour in co-ordination with the Social Security Board: Industries which carry out business whether or not they utilize mechanical power or a certain kind of power; businesses of manufacturing, repairing and servicing; or engineering businesses, factories, warehouses and establishments.
STANDARDISATION LAW (2014)
The Standardisation Law was enacted on 3rd July 2014. Section 3 details the aims of this Law including, as far as Environmental issues are concerned, to prevent and conserve the environment from the danger of products, the process of production and services.
SCIENCE AND TECHNOLOGY DEVELOPMENT LAW (1993)
Section 9 (I): Conducting Research and Development for environmental conservation.
THE CITY OF YANGON DEVELOPMENT LAW (1990)
Section 7: Functions and duties of the Committee
The Committee shall in respect of the following functions and duties, lay down the policy, give guidance supervise or implement:
a) carrying out works for water supply;
b) construction and maintenance of water tanks, water pipelines;
c) carrying out works for sanitation; and
d) carrying out works for public health.
THE CITY OF MANDALAY DEVELOPMENT LAW (1992)
The Committee shall, in respect of the following functions and duties, lay down the policy, give guidance, supervise or implement:
a) carrying out works for water supply;
b) carrying out works for sanitation; and
c) carrying out works for public health.
NATIONAL COMMISSION FOR ENVIRONMENTAL AFFAIRS (Currently Environmental Conservation Committee)
Environmental protection in Myanmar previously came under the authority of the National Commission for Environmental Affairs (NCEA), formed in 1990. Until 2005, the Minister of Foreign Affairs was the chair of NCEA. In 2005, however, the NCEA was transferred under the Ministry of Forestry (MoF), and the Minister of Forestry assumed the role of the NCEA chairperson.
The stated objectives of the now Ministry of Environmental Conservation and Forestry were to set environmental standards, create environmental policies for using natural resources, issue rules and regulations to control pollution, and to create short- and long-term environmental policies which balance environmental needs and development requirements. The Ministry of Environmental Conservation and Forestry has drafted the Environmental Impact Assessment Rules, which are pending approval by the government, to complement the ECL 2012.
ENVIRONMENTAL AND SOCIAL POLICIES
A national environmental policy was drafted in 1994. The National Environment Policy is as follows:
“To establish sound environment policies, utilisation of water, land, forests, mineral, marine resources and other natural resources in order to conserve the environment and prevent its degradation, the Government of the Union of Myanmar hereby adopts the following policy: The wealth of the nation is its people, its cultural heritage, its environment and its natural resources.”
The objective of Myanmar’s environmental policy is to achieve harmony and balance between its people, its cultural heritage, its environment and its natural resources through the integration of environmental considerations into the development process to enhance the quality of the life of all its citizens. Every nation has the sovereign right to utilise its natural resources in accordance with its environmental policies; but great care must be taken not to exceed its jurisdiction or infringe upon the interests of other nations. It is the responsibility of the State and every citizen to preserve its natural resources in the interests of present and future generations.
The development of the environmental policy was followed by the drafting of ‘Myanmar Agenda 21’ in 1997, which follows a UN framework for a multi-pronged approach to sustainable development. The Myanmar Agenda 21 recognises the need for Environmental Impact Assessments. Myanmar, in its Agenda 21, calls for integrated management of natural resources and provides a blueprint for achieving sustainable development. The ECL provides more institutional space to regulate environmental quality and conduct EIA’s and SIA’s for infrastructure and investment projects funded by the government and private sector.
MYANMAR INVESTMENT COMMISSION (MIC)
The MIC issued a Notification on 30 June 1994 on Protection of Environment stating that:
1. The Myanmar Investment Commission, at its meeting 8/94 held on 17 June 1994 has resolved that all projects established with the permission of the Commission shall be responsible for the preservation of the environment at and around the area of the project site. The enterprises are entirely responsible that they shall be able to control pollution or air, water and land, and other environmental degradation, and that they can keep the project site environmentally friendly.
2. Consequently, it is hereby notified that treatment plant, industrial waste water treatment plant and other pollution control procedures should be promptly implemented and abide with the sanitary and hygienic rules and regulations set by the authorities concerned.
3. In the future proposals that are to be submitted to the Commission, either under the Union of Myanmar Foreign Investment Law or the Myanmar Citizens Investment Law, shall incorporate the provision in their contracts that they shall undertake proper sewage and industrial wastewater treatment systems and other environmental control systems. The system so used shall be in accordance with the rules and regulations specified by the respective development committees and local authorities.
NATIONAL SUSTAINABLE DEVELOPMENT STRATEGY
The National Sustainable Development Strategy (NSDS) is part of a broader programme of the UN Sustainable Development Commission set up after the World Summit on Sustainable Development in 2002. Every country, including Myanmar, that signed Agenda 21 at the Earth Summit in Rio de Janeiro in 1992, agreed to develop an NSDS by 2010 in line with the Millennium Development Goals (MDGs). UNEP provided funding for Myanmar to develop an NSDS. The main aim of the process was to develop an NSDS in line with international standards by meeting the MDGs and ensure that environmental and social impacts are mitigated when implementing development projects. The NCEA took a lead in developing the strategy in consultation with the government and a small number of NGOs. Myanmar’s NSDS was published in August 2009.
The three goals described in Myanmar’s NSDS are sustainable management of natural resources, integrated economic development and sustainable social development.
Specific strategies are outlined under each goal. For example, the goal for Sustainable Management of Natural Resources suggests strategies for forest resource management, sustainable energy production and consumption, biodiversity conservation, sustainable freshwater resources management, sustainable management of land resources, sustainable management for mineral resources
utilisation, and so on.
The NSDS was officially accepted by the Ministry of Planning. In theory, it is a guiding document for government ministries, departments and local authorities, UN organisations, and international and local NGOs. Implementation of the strategy will be assisted by adoption of the ECL and its accompanying regulations and guidelines and the development of sectoral-specific regulations that seek to enhance environmental protection and efficiency of resource use.The United Nations Environment Program (UNEP) (BEWG, 2011) has stated that there are opportunities to review and further develop the strategy in the future.
Myanmar has signed a number international treaties related to the environment which may have implications for the Project. These include:
· Plant Protection Agreement for the Asia and Pacific Region; Vienna Convention for the Protection of the Ozone Layer; Montreal Protocol on Substances that Deplete the Ozone Layer;
· London Amendment to the Montreal Protocol on Substances that Deplete the Ozone Layer;
· United Nations Framework Convention on Climate Change (UNFCCC); United Nations Convention to Combat Desertification;
· International Civil Aviation Organisation: ANNEX 16 Annex to the Convention on International Civil Aviation Environmental Protection Vol. I, II, Aircraft Noise;
· Vienna Convention for the Protection of Ozone Layer;
· Montreal Protocol on Substances that Deplete the Ozone Layer;
· Convention Concerning the Protection of the World Cultural and Natural Heritage;
· Convention on Biological Diversity (CBD); International Tropical Timber Agreement (ITTA);
· Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES);
· ASEAN Agreement on the Conservation of Nature and Natural Resources; Catagena Protocol on Biosafety;
· Kyoto Protocol to the United Nations Framework Convention on Climate Change;
· Ramsar Convention on Wetlands; and
· Copenhagen Amendment to Montreal Protocol on Substances that deplete the Ozone Layer.
United Nations Declaration on the Rights of Indigenous PeoplesMyanmar was one of 144 states that endorsed the United Nations Declaration on the Rights of Indigenous Peoples in September 2007. Article 32 discusses indigenous peoples’ right to free and prior informed consent (FPIC): “States shall consult and co-operate in good faith with the Indigenous Peoples concerned through their own representative institutions in order to obtain Free and Prior Informed Consent prior to approval of any project affecting their land or territories”.
Article 10 discusses forcible relocation of indigenous people, and the need for FPIC and Article 26 about land rights are also relevant articles for indigenous peoples in relation to this project. It is good practice to ensure that relocation takes place following the free, prior and informed consent of the indigenous peoples concerned and after agreement on just and fair compensation and, where possible, with the option of return if that is possible following mining.
Environmental Conservation Department (ECD)
Environmental Conservation Department (ECD) was established on 11 October, 2012.
The Objectives of ECD are as follows:
1. to implement the National Environment policy
2. to develop short, medium and long term strategy, policy and planning for the integration of environmental consideration into the sustainable development process.
3. to manage natural resources conservation and sustainable utilisation
4. to manage the pollution control on water, air and land for environmental sustainability
5. to cooperate with government organization, civil societies, private and international organisations for the environmental affairs.Where no appropriate Myanmar standards are available, standards or guidelines based on IFC guidelines or other international best practice will be applied to the project and existing environmental conditions.
SOCIO-ECONOMIC FRAMEWORK AND INDUSTRY GUIDELINES
This section describes the legal framework and policy context within which social economic issues are managed in Myanmar. Industry guidelines are also described which aspire to minimise the impact of the industries’ activities on the local people.
Legislation and Regulations
The following legislation contains articles relating to the social, health and economic conditions of the Myanmar people potentially applicable to the S&K Copper Mine Project:
· The Land and Revenue Act (1879);
· The Land Acquisition Act (1894);
· The Towns Act (1907) and its Amendment (1947);
· The Village Act (1908) and its Amendments (1955 and 1961);
· Farmland Law (2012);
· The 2008 Constitution;
· Myanmar Insurance Law (1993);
· Workmen’s Compensation Act (1923);
· Leave and Public Holidays Act (1951);
· Union of Myanmar Public Health Law (1972);
· The National Drug Law (1992);
· The Traditional Drug Law (1996);
· The National Food Law (1997);
· Prevention and Control of Communicable Diseases Law (1995);
· Foreign Investment Law (2012);
· Foreign Investment Rules (2013) by the Ministry of National Planning and Economic Development;
· Guideline to the overview of labour laws in Myanmar published by the Ministry of Labour 2004;
· The Conservation of Water Resources and Rivers Law (2006);
· The Water Power Act (1927);
· The Essential Supplies and Services Law (2012);
· The Archives Properties (Amendment) Act (1962);
· The Forest Law (1992);
· Science and Technology Development Law (1993);
· Protection; of Wild Life and Wild Plants and Conservation of Natural Areas Law (1994);
· Myanmar Mines Law (1994);
· Myanmar Mines Rules (1996); and
· The Protection and Preservation of Cultural Heritage Regions Law (1998).
The following pieces of legislation apply to safety in the workplace and community safety:
· The Penal Code (1860);
· The Factories Act (1951);
· The City of Yangon Development Law (1990);
· The City of Mandalay Development Law (1992);
· The Environmental Conservation Law (2012);
· Draft Rules of the Environmental Conservation Law; and
· Draft Regulations of the Environmental Impact Assessment.
In addition to the above legislation, industry regulators have adopted their own set of rules governing resource extraction. Notably, Notification No 1 of 2013 released by the Myanmar Investment Commission (MIC) prohibits economic activities which may emit hazardous chemicals, minerals, rays, noise, particles etc., and may cause earth/water/air pollution which affect public health. The MIC also requires the conduct of a social impact assessment as a prerequisite to the exploration and production of minerals, manufacturing of iron, steel and minerals and operation in cultural heritage, archaeological and prominent geographical symbolical sites.
Section 24 (A) of the Foreign Investment Law (2012) requires investors to appoint Myanmar citizens to at least 25 percent of skilled labour positions within the first two years; at least 50 percent of skilled labour positions within the second two year period; and to at least 75 percent of skilled labour positions by the third two year period.
Under the Mining Law (1994) and its associated Rules, the holder of a Permit to Mine, must:
· Provide for the safe working conditions in the mine and take measures to prevent accidents;
· Prepare and implement plans relating to the welfare, health, sanitation and discipline of personnel and workers in a mine;
· Conduct environmental conservation works to ameliorate detrimental effects resulting from mining operations; and
· Report any workplace loss of life and injury incurred from a mining accident.
Whilst these laws specifically refer to conduct in the mine, the general principles of workplace safety, hygiene and accident prevention and reporting are considered paramount at all locations of a mining operation and its associated activities.
Holders of mineral production permits may commence production only after coordinating and receiving agreement from the individual or organisation having the right of cultivation, right of possession, right of use and occupancy, beneficial enjoyment, right of succession or transfer of the said land where:
The mine is located in an area under the administrative control of the Mining Ministry; or where:
The mine lies outside the Mineral Reserve Area or Gemstone Tract.
There is a long history relating to the ownership and occupancy of land in Myanmar and the development of associated legislation.
The Towns Act (1907) and the Village Act (1908) address governance concerns at the town and village levels. The Acts provide for rules and procedures relating to the administrative structure of towns/villages, including the duties and powers of town/village committees, town/village headmen, rural policemen, sub-divisional and township officers as well as the duties of town dwellers/villagers. The Village Act also obliges residents to announce the arrival and departure of visitors, and requires them to seek permission from the village committee for a visitor to construct a hut, house or enclosure in the village for residence. Permission is also required from the Deputy Commissioner prior to establishing a new village or group of houses. The Act provides an exception for cultivators or fishermen to construct dwellings where their vocation is carried out. It also empowers the Deputy Commissioner to sell and remove property illegally on State land. The very important and, still, frequently applied Land Acquisition Act (1894) empowers the state to acquire land where it is needed for any public purpose. The Act provides for the relevant procedures for land take, including
(i) the amount of notice to be given to the occupiers of the land to be acquired;
(ii) procedures for handling objections to acquisition;
(iii) the method to be used to establish land valuations;
(iv) the process for taking possession of land;
(v) court processes and appeals to resolve disputes;
(vi) procedures for the temporary occupation of land; and
(vii) procedures for acquiring land for private entities.
The Act requires the authorities to provide compensation to the original land owners. Article 30 of the 1947 Myanmar Constitution establishes the supremacy of the State in land matters:
· First, the State is the ultimate owner of all lands;
· Second, the State has the right to regulate, alter or abolish land tenures or resume possession of any land and distribute the same for collective or co-operative farming or to agricultural tenants; and
· Third, only small land holdings are permitted regardless of agricultural use, the maximum size of which is determined by law. Further, Article 23 of the Constitution regulates the rights and activities of private property vis-à-vis the common good:
· The State guarantees the rights of private property and private initiative in the economic sphere within the parameters of Article 23 (see below);
· First, no person shall be permitted to use the right of private property to the detriment of the general public;
· Second, private monopolist organizations, such as cartels, syndicates and trusts formed for the purpose of dictating prices or for monopolizing the market or otherwise calculated to injure the interests of the national economy, are forbidden;
· Third, private property may be limited or expropriated if the public interest so requires, but only in accordance with the law, and the law shall prescribe in which cases and to what extent the owner shall be compensated; and
· Fourth, subject to conditions set out elsewhere in the Constitution, individual branches of national economy or single enterprises may be nationalized or acquired by the State by law if the public interest so requires.
Under the Land Nationalisation Act (1953), the state nationalised all agricultural lands (with certain exceptions) and abolished all lease, rental and sharecropping agreements. The Act did not recognise private ownership of land, instead recognising different categories of land use rights – contingent on the land being used productively, as defined by the state. The sale and transfer of ownership were restricted and size limits were established on agricultural holdings according to land classification, use and size of the family in possession of the land.
With the introduction of the 1974 Constitution, it is reiterated that the State is the ultimate owner of all natural resources and also of the land; and that the State alone shall develop, extract, exploit and utilize the natural resources. The Constitution rejected the economic rights that had been protected in the 1947 Constitution. Notably, the Constitution does not stipulate rights to compensation for expropriation of private property.Overall, the multitude of laws adopted between 1850 and 2013 generated the development of a complex array of different land classifications, which remains in place today. Understanding how land is allocated and defined is vital in determining the different types of rights that are associated to each of the eleven forms of land that exist under Myanmar law today. These are:
· Freehold land;
· Grant land;
· Agricultural land;
· Garden land;
· Grazing land;
· Cultivable land, fallow land and waste land;
· Forest land;
· Town land;
· Village land;
· Cantonments; and
· Monastery land.
In Myanmar today, people’s homes are universally recorded and registered. Households on land parcels, delineated as individual freehold property, (eing/myaypaing saing mhu) (home/land and ownership) are registered by local authorities and village headmen. This recording and registration process enumerates the head of household, location and type of house and family characteristics. Local authorities at various community levels are obligated to know the whereabouts and movements of the local population.
The Constitution adopted in 2008 reconfirms the position of the State as the primary land owner in the country: “the Union is the ultimate owner of all lands and all natural resources above and below the ground, above and beneath the water and in the atmosphere in the Union”. Rights to compensation for land take continue to be omitted from this latest Constitution unless the specific laws and notifications provided clauses to pay as such.
From laws above relating to the land acquisition by the government or for a project, fair and just compensation is paid to the landholders or land occupiers until consent is achieved in writing. Monastery land is not transferable by law.
The Conservation of Water Resources and Rivers Law provides a clause that its aims are to conserve and protect the water resources and rives system for beneficial utilisation by the public; to smooth and safety waterways navigation along rivers and creeks; to contribute to the development of the State economy through improving water resources and river system; and to protect environmental impact.
Government Sectoral Policy Objectives
The objective of Myanmar’s environmental policy is to achieve harmony and balance between its people, its cultural heritage, its environment and its natural resources through the integration of environmental considerations into the development process to enhance the quality of the life of all its citizens.
Myanmar has no official statement regarding what defines income poverty and, as a result, there is no official estimate of the proportion of the population that lives above or below the poverty line. The official policy on education seeks to implement ‘an education system which is equitable with the cultural, the traditional, the social values and in keeping with the economic system which will facilitate national development”. Objectives set out in the policy include:
· To enable every individual to acquire a Basic Education;
· To develop knowledge including scientific and technical know-how needed for nation-building; and
· To enable those who are working to pursue undergraduate and postgraduate studies while working.
The key policy initiatives in relation to health are directed at:
· Development of a community-based health care system and organisations;
· Acceptance of certain non-government organisations (NGOs); and
· Increased cooperation with certain agencies for upgrading the health standards.
Ethnic minorities, principally in the border areas, have been the focus of infrastructure projects (roads, bridges, energy, construction and telecommunications) and social infrastructure (health, education and public relations) as part of the Border Areas Development Programme.
The guidelines for safety in the workplace and safety of the community should conform to the World Bank (IFC) Environment, Health and Safety Guidelines.
The rules regarding Mining and Milling –Open Pit (1994) stipulate tailings must be disposed of in a manner that optimises protection of human safety and environment. On land tailings impoundment systems must be designed and constructed in accordance with internationally recognised engineering practices, local seismicconditions and protection from escaping or percolating water. Marine discharges of tailing must not have a significant effect on coastal resources. Riverine discharges are not acceptable unless the project sponsor provides through documentation regarding:
· Environmental analysis of alternatives; and
· Effects on aquatic resources and downstream users of riverine resources.
If the mining operation involves a series of open pit operations, project sponsors must evaluate the feasibility of using abandoned open pits for tailings disposal.
Occupational Health Plan (Standing Order No. 2/95)
The Government of Union of Myanmar, Ministry of Industry passed the Standing Order No. 2/95: Occupational Health Plan on 29thMarch 1995. The Standing Order requires factories, mills and enterprises regulated by the Ministry of Industry to develop and implement a compliant Occupational Health Plan to protect workers from occupational diseases and to promote their general health. The Standing Order defines occupational health, lists occupational diseases and dangers to be covered in the Occupational Health Plan and details the objectives of the plan. Workplace occupational health instructions and compliance standards are provided for lighting; noise; toxic, dust, fumes and mists; and gases.
Water and Air Pollution Control Plan (Standing Order No. 3/95)
The Government of Union of Myanmar, Ministry of Industry passed the Standing Order No. 3/95: Water and Air Pollution Control Plan on 21st August 1995. The Standing Order requires factories, mills and enterprises regulated by the Ministry of Industry to develop and implement a compliant Water and Air Pollution Control Plan to prevent destruction of the natural environment, including water, land and air, caused by pollution discharged from these facilities. The Standing Order includes specific requirements for controlling water and air pollution. It includes details of allowable waste effluent standards, and provides for the development and implementation of waste management programs to control, reduce and eliminate wastes in accordance with the United Nations Environment Programme’s (UNEP) Cleaner Production Programme.
Erosion and Sediment Control Plan
It is required to prepare and implement an erosion and sediment control plan. The Plan should include measures appropriate to the situation to intercept, divert or otherwise reduce the storm water runoff from exposed soil surfaces, tailings dams and waste rock dumps. Project sponsors are encouraged to integrate vegetative and non vegetative soil stabilisation methods in the erosion plan. Sediment control structures should be installed to treat surface runoff prior to discharge to surface water bodies. Guidelines for the design and construction of sediment control structures are provided in the Erosion and Sediment Control Guidelines. All erosion control and sediment containment facilities must receive proper maintenance during their design life.
GOOD PRACTICE GUIDELINES
The following list of International Finance Corporation (IFC) policies, procedures, standards and guidelines is applicable to this project:
· Policy on Environmental and Social Sustainability (2012);
· IFC Sustainability Framework (2012);
· IFC Performance Standards on Environmental and Social Sustainability (2012);Guidance Notes (#1 – 9) on IFC Performance Standards on Environmental and Social Sustainability (2012);
· IFC Environmental Health and Safety General Guidelines, April 30, 2007;
· IFC Environmental Health and Safety Guidelines – Mining, December 10, 2007;
· IFC Operational Policy;
- OP 4.01 Environmental Assessment, January 1999
- OP 4.02 Environmental Action Plans, February 2000
- OP 4.04 Natural Habitats, June 2001
- OP4.07 Water Resources Management, February 2000
- OP 4.09 Pest Management, December 1998
- OP 4.10 Indigenous People, July 2005
- OP 4.11 Physical Cultural Resources, July 2006
- OP 4.12 Involuntary Resettlement, December 2001
- OP 4.20 Gender and Development, March 2003
- OP 4.36 Forests, November 2002
- OP 4.37 Safety of Dams, October 2001
- BP 4.01 Environmental Assessment, January 1999
- BP 4.02 Environmental Action Plans, February 2000
- BP 4.04 Natural Habitats, June 2001
- BP 4.10 Indigenous Peoples, July 2005
- BP 4.11 Physical Cultural Resources, June 2006
- BP 4.12 Involuntary Resettlement, December 2001
- BP 4.20 Gender Development, March 2003
- BP 4.36 Forests, November 2002
- BP 4.37 Safety of Dams, October 2001
· Handbook for Preparing a Resettlement Action Plan, 2002;
· A Handbook for Addressing Project-induced In-migration;
· Investing in People – Sustaining Communities Through Improved Business Practice; · Good Practice Note – Public Infrastructure and Mining, 2010;
· Good Practice Note – Community Development Agreements, 2010;
· Introduction to Health Impact Assessment, 2009;
· Workers Accommodation – Processes and Standards, 2009;
· Strategic Community Investment, June 2010;
· Good Practice Note – Addressing the Social Dimensions of Private Sector Projects, December 2003; and
· Good Practice Note – HIV/AIDS in the Workplace, December 2002.
DEMONSTRATING LEGAL COMPLIANCE
The S&K Project may be audited as part of internal and external audit programmes including, but not limited to:
· Regulatory inspections/audits of the site; and
· ISO14001, 9001 and OHSAS 18001 surveillance process.
ENVIRONMENTAL AND SOCIAL OBJECTIVES AND TARGETS
Environmental and social objectives and targets for the Project have been identified and documented by MYTCL and are aligned with the objectives and targets set by the Company at a business level. The purpose of this plan includes establishment of performance standards for managing environmental performance and compliance and also assigns specific accountabilities for compliance with legal obligation (including approvals) and standards. Contractors shall develop specific environmental objectives and targets relevant to their scope of works which support the overall Project Key Environmental Objectives and associated targets. The community and social aspects of the construction work are very sensitive and need to be managed carefully, in consultation with MYTCL community representatives. Prior to commencing construction all Contractor personnel will be inducted, and if necessary trained in relation to managing any community and social issues that may arise in the course of their site activities.