The draft EIA law is available for public consultation and comment.
Revised Draft Cambodia EIA law Eng 27 Feb 2014 – Clean
Environmental Counsel
The draft EIA law is available for public consultation and comment.
Revised Draft Cambodia EIA law Eng 27 Feb 2014 – Clean

The Stimson Centre partnered with Natural Resources and Environmental Management Centre at Mae Fah Leung University to a hold a workshop on Solutions to Equitable Hydropower Development Planning in the Lower Mekong Basin.
Matthew Baird, Environmental Counsel, presented a paper on the Legal Issues Surrounding the Mekong Main Stream Dams. This paper highlighted the increasing legal and financial risk for Mekong River hydro-power, including the Xayaburi Dam, as a consequence of the developments of environmental law in Thailand and also the development of EIA and Transboundary EIA in Cambodia, Thailand, Myanmar, Vietnam and China.
Abstract of paper
The development of large-scale hydro-power faces many challenges. One of the significant legal risks is associated with the failure of the project proponent to undertake adequate assessment of the environmental and social impacts of the hydro-power project. Compliance with domestic Environmental Impact Assessment Regimes is, of course, a fundamental prerequisite for project approval and is also required by IFC in order to secure funding. However the consequences for the failure of a project to fully comply with EIA law is not so clear.
Recent decision in Thailand highlight a growing legal risk associated with the failure to comply with domestic legal obligations. Both the decision on the Stop-Global Warming Association against the 300 THB Billion Flood Mitigation Scheme in 2013 and the recent 2014 decision on the legal challenge to the Xayaburi Power Purchase Agreement has shown that failure to comply with domestic EIA laws can have significant legal and financial repercussions.
An analysis of these decisions leads to the overwhelming conclusion that the legal and financial risk for main-stream dams is increasing. The significance of that risk raises doubt as to the viability of future main-stream dams. One analysis of the current legal environment may also raise the question of lender-liability for environmental and social harm, whereby the banks and other financial institutions will be required to provide compensation for such harm.
In the context of the Mekong River Basin a further legal risk is the development of Transboundary EIA obligations. Under the present arrangements for the Mekong River Commission, there is a need for Prior Notification, Prior Consultation and Agreement. The failure of host-countries to following these procedures can also increase the legal risk for proponents, construction companies and financial institutions.

The Fourth Consultative Workshop on the draft Cambodian Environmental Impact Assessment Law was held at the Emario Mondulkiri Resort in Mondulkiri Province on the 24 and 25 July 2014. This Consultative Workshop brought together 140 participants from across the provinces as well as NGO representatives and the corporate sector. The Workshop was hosted by Vishnu Law Group and the EIA Department of the Ministry of Environment.
The aim of the Workshop was to explain the details of the draft EIA Law and to receive feedback on the draft law. Previous workshops have been held in Phnom Penh, Siem Reap and Sihanoukville.
The Workshop was opened by His Excellency, the Secretary of State of the Environment Yin Kimsean.
Presentations on the draft EIA law were made by the Director of the EIA Department H.E Danh Serey. He took the Workshop through the operative sections of the draft EIA Law. And too questions from the floor, including a number of questions from indigenous groups.
Matthew Baird outline the key principles of EIA and mechanisms that can be used to achieve the principles of EIA. The key aim of EIA is to achieve sustainable development and create sustainable societies. Matthew identified the following seven key principles of EIA:
Matthew also identified the application of five key mechanisms to achieve principles of EIA. These are:
1 Reliance on participatory approaches;
2 Precautionary principle;
3 Intergenerational Equity;
4 Conservation of biological diversity and ecological integrity; and
5 Improved valuation, pricing, and incentive mechanisms.
Professor Richard Frankel presented on Transboundary Impact Assessment and the fees and charges for EIA.
There will be 2 further workshops looking at the form and contents of the draft EIA Law. It is anticipated that the draft EIA Law will be presented to the Council of Ministers in 2015.
I had the great pleasure of addressing the Peace Law Academy in Mae Sot, Thailand on 276 June 2014. The 40 students from all across Myanmar, are at the Peace Law Academy for a 12 month training program. This program covers many different aspects of legal training, including constitutional law, criminal law and also environmental law. It was a great honour to be able to spend some time with a great group of future leaders.

Tuesday, 11 February 2014 Copyright © 2014 The Myanmar Times. All rights reserved.
A BAN on high-rise buildings that block the view of Yangon’s iconic Shwedagon pagoda has forced Myanmar Port Authority (MPA) to abandon parts of its waterfront development plan, government officials said.
The plan, drawn up in 2012, envisaged upgrading port facilities as well as the construction of a shopping mall, including a number of 10- and 12-storey buildings, for which some tenders have already been invited.
However in the last week of January YCDC submitted the draft Yangon Land Use and Buildings Height Zoning Plans to parliament for approval. The plan would limit building heights along the waterfront to three storeys.
“According to YCDC, no buildings higher than three storeys can be built on the waterfront, especially in Botahtaung, Pansodan port and the Nan Thi Dar jetty area because tall buildings block the views of the city’s sights. So we have to stop some projects,” U Htein Lin, a spokesperson for Myanmar Port Authority, told The Myanmar Times.
Ministry of Construction planner Daw Hlaing Maw Oo said that YCDC imposed the three-storey limit in some waterfront areas to ensure that visitors entering the city along the Yangon River could see Shwedagon pagoda.
“Shwedagon is the main image of Yangon. It should be visible from Botahtaung and Pansodan Port, and high-rise buildings would block the view,” she said.
The YCDC already has in place construction height limits in various parts of the city to protect views of the iconic pagoda. New buildings in Dagon township in particular are generally capped at six storeys to protect the prime views.
Currently, building heights from Sule Pagoda to the Botahtaung waterfront area are capped at three stories. The city stretch includes the Water Front Special Development Zone, Urban Heritage Conservation Are and the so-called “green” and “blue” zones in Botahtung and Kyauktada townships.
“We will not allow high buildings of government projects or other private construction if they are contained in these three zones,” U Nay Win, deputy director of the building department of YCDC, said. “If [construction is] not in these three zones or even the two townships, they can build high-rises.”
The original port authority plan covered parts of the downtown Botahtaung, Pansodan, Latha, Lanmadaw and Ahlone townships, said U Nay Win.
“We limited building height in order to preserve urban resources and to retain the city’s image. There is a place elsewhere for high-rise buildings,” he said.
But the ban will hamper the development of the port area, said MPA engineer U Mya Than.
“We want to develop the port area to international standards to maximise revenues. If we can’t carry out the development plan, it could cost us profit,” he said, adding that the port authority had to explain the reasons for the ban to companies who had received
tenders.
MPA has not yet started any construction in this area for high -rise buildings as the tender and selection process for development companies is still under way. MPA sources said that while plans for high rise construction had already been drawn up, planning would be paused while the new building heights passed through parliament.
MPA sources said the drastically reduced building height would cause the authority to go back to the drawing board with its budget for the ambitious waterfront development.
Planned construction in the area included an extended river bank in Botahtaung area to create about 100 feet (30 metres) of additional land into the Yangon River to build a resort and public park. The Sule Port was scheduled for an international-standard upgrade to allow bigger container ships to dock and nearby the Nan Thi Dar jetty was in line for a high-class makeover to house modern residential and commercial spaces.
Copyright © 2014 The Myanmar Times. All rights reserved.
A report issued Wednesday on the security of deadly nuclear materials found steady improvement, with seven countries in the last two years giving up most of their uranium and plutonium that could be readily turned into weapons. Their actions lowered the number of nations with appreciable fuel for atomic bombs to 25 from 32.
“World leaders can claim significant progress in addressing the threat,” the report said. It cautioned, though, that “much work remains to be done.”
The 148-page report card came from the Nuclear Threat Initiative, a private advocacy group in Washington that promotes safekeeping of nuclear materials and urges governments to strengthen their defenses against atomic terrorism. The group worked with the Economist Intelligence Unit, a company in London that analyzes risks.
The report was released as world leaders prepared for their third nuclear security summit meeting, to be held in March in The Hague. President Obama began the summit meeting process as a way to pressure nations into improving their nuclear security, which has been one of his administration’s top foreign policy objectives. Previous meetings were held in Washington in 2010 and Seoul, South Korea, in 2012.
A new report on the security of nuclear materials found steady improvements in their safekeeping, with the number of nations with fuel for atomic bombs dropping to 25 from 52 since 1991.
The first edition of the report, the Nuclear Materials Security Index, came out two years ago, just before the 2012 meeting. It surveyed the precautions each country had in place and ranked them based on their security practices, something that had never been done publicly.
The updated rankings, posted online on Wednesday, contained a number of surprises and potential embarrassments. Australia remained in first place and even raised its score two points on a scale of 100, to 92 from 90. It did so by reducing its quantity of nuclear materials and by ratifying a treaty that commits countries to criminalize acts of nuclear terrorism and to cooperate in bringing nuclear criminals to justice.
The nations that made the biggest gains were Belgium (up seven points), Canada (up six points) and Japan (up six points).
Belgium improved by passing new security legislation, joining a treaty and decreasing its quantity of materials. Canada ratified treaties and issued new regulations on the transport of atomic materials.
Japan made sweeping nuclear upgrades after the 2011 Fukushima reactor disaster, including the formation of a regulatory body to address nuclear safety and security. It rose from 23rd in the rankings (behind nations like Kazakhstan and South Africa) to 13th, where it is tied with Argentina.
The United States lost one point and is now tied with Britain for 11th place. It fell because it excluded from nuclear safeguards a facility that handles atomic materials.
Worse, according to the authors of the report, the United States has not ratified two nuclear accords despite making commitments to do so. This “is particularly negative as other states block efforts to strengthen nuclear security, arguing that they will consider new initiatives only after the United States becomes party to the agreements,” the report said.
North Korea remained in last place, its score 30. The report found it seriously deficient on most issues of atomic security.
Pakistan, a nuclear outlaw in some respects, raised its score three points and its ranking from No. 31 (out of 32 countries) to No. 22 (out of 25), “through a series of steps to update nuclear security regulations.”
The seven countries removed from the list of those with bomb-making fuel were Austria, the Czech Republic, Hungary, Mexico, Sweden, Ukraine and Vietnam. According to the report, their new status means they possess one kilogram (2.2 pounds) or less of materials that can fuel nuclear arms.
Nuclear security is typically a euphemism for a closed world of barbed wire and armed guards that never admits publicly to any problems. Behind the scenes, however, atomic insiders have long told of risky practices and security flaws that could let crucial ingredients for nuclear arms fall into the wrong hands.
Two men were recently arrested in the nation of Georgia for trying to sell radium 226, a highly radioactive isotope seen as ideal for making dirty bombs that spread deadly material. The International Atomic Energy Agency says it receives more than 100 incident reports a year on unauthorized activities with nuclear and radioactive materials, including thefts and losses.
In June, Mr. Obama announced that the United States would host what is expected to be the final security summit meeting, in 2016.
According to Wednesday’s report, the 2014 and 2016 meetings will offer “moments of accountability for states to demonstrate progress on their own nuclear materials security” and their commitment to “working toward a robust global nuclear security system.”

I had the privilege of paying a courtesy visit to H.E the Minister of Environment at the offices of the Ministry of Environment in Phnom Penh. Together with layers from the offices of Vishnu Law Group, we discussed many environmental challenges facing Cambodia.
In our broadening discussion H.E. identified a number of key issues including waster management, climate change and the development of the new Environmental Impact Assessment Law.

Another public workshop was held by the Ministry of Environment and Vishnu Law Group to consider comments on the draft EIA Law. This was held in Siam Reap from 24 to 26 December 2103. Over 120 participants provided comments and suggestions on the draft EIA Law. For more information on the EIA project see the Vishnu Law Group webpage.
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