Chapter 3 Final

CHAPTER 3 POLICY, LEGAL AND INSTITUTIONAL FRAMEWORK
3.1 Corporate Environmental and Social Policies Formatted: Don't add space between paragraphs of the
same style, Don't keep with next, Don't keep lines together
Economic Development Cooperation Fund (EDCF) Safeguard Policy has adopted comprehensive
Health, Safety, Environment and Quality (HSEQ) and Sustainable Communities Policies.
3.2 Policy and Legal Framework Formatted: Don't keep with next, Don't keep lines together
3.2.1 Environmental Policies Formatted: Outline numbered + Level: 3 + Numbering

Style: 1, 2, 3, + Start at: 1 + Alignment: Left + Aligned at:
3.2.1.1 National Environment Policy(1994) 0" + Indent at: 0.5", Don't keep with next, Don't keep lines
together
The Government of Myanmar established the National Commission for Environmental Affairs
(NCEA) as a policy body for environmental protection. NCEA also serves as the focal point and
coordinating agency for environmental affairs.
NCEA has developed the Myanmar National Environmental Policy, which was promulgated in
December 1994. The National Environmental Policy provides general guidelines for management of
the environment in Myanmar.
3.2.1.2 The Environmental Conservation Law (2012)

The Environmental Conservation Law (ECL) provides a boarder and overarching frame for the
environmental conservation and prevention of pollution. It set out the powers and duties of the
Environmental Conservation Department (ECD) of the Ministry of Natural Resources and
Environmental Conservation (MONREC). The ECL is a framework enabling coordination between
Myanmar Ministries with various stakeholders in matters of environmental conservation. The ECL
also provided the MONREC with an advisory or complementary role with other Ministries carrying
the main responsibility for regulation and implementation.
3.2.1.2 Environmental Conservation Rules (2014)

Environmental Conservation Rules have been promulgated in 2014 and provides a platform to bridge
the Environmental Conservation Law with more specific and practical rules and guidelines including
EIA Procedures and environmental quality standards. However, detailed guidelines for each
responsible organizations, detailed guidelines, environmental standards and criteria of EIA & IEE
will be provided after 2015 in the EIA Procedure.
Table 3.2.1 International Conventions, Agreements and Treaties(signed or ratified by Myanmar)
Year of
No. Name of the Convention Formatted Table
ratification
Ramsar Convention (Convention on Wetlands of International
1 1971, 2005
Importance Especially as Waterfowl Habitat)
Convention on International Trade in Endangered Species of Wild
1973, 1979,
2 Fauna and Flora, Washington, D.C. (This convention was amended
1997
in Bonn, Germany)
3 Vienna Convention for the Protection of the Ozone Layer 1985, 1993
Year of
ratification
Year of Formatted: Font: (Default) Times New Roman, 11 pt,
Name of the Convention Character scale: 100%, Not Expanded by / Condensed by
ratification
Formatted: Right -0.2 ch, No bullets or numbering
Ramsar Convention (Convention on Wetlands of International Importance Formatted Table
1 1971, 2005
Especially as Waterfowl Habitat) Formatted: Font: (Default) Times New Roman, 11 pt,
Convention on International Trade in Endangered Species of Wild Fauna and 1973, 1979, Character scale: 100%, Not Expanded by / Condensed by
2 Formatted: Font: (Default) Times New Roman
Flora, Washington, D.C. (This convention was amended in Bonn, Germany) 1997
Formatted: Font: (Default) Times New Roman, 11 pt,
3 Vienna Convention for the Protection of the Ozone Layer 1985, 1993 Character scale: 100%, Not Expanded by / Condensed by
4 Basel Convention 1989, 2015 Formatted: Font: (Default) Times New Roman, 11 pt,
Character scale: 100%, Not Expanded by / Condensed by
5 Montreal Protocol on Substances that Deplete the Ozone Layer 1989, 1993
London Amendment to the Montreal Protocol on Substances that Deplete the Character scale: 100%, Not Expanded by / Condensed by
6 1990, 1993
Ozone Layer, London Formatted: Font: (Default) Times New Roman, 11 pt,
United Nations Framework Convention on Climate Change (UNFCCC),
7 1992, 1994 Formatted: Font: (Default) Times New Roman, 11 pt,
New York Character scale: 100%, Not Expanded by / Condensed by
8 (Convention on Biological Diversity, Rio de Janeiro 1992, 1994 Formatted: Font: (Default) Times New Roman, 11 pt,
9 Stockholm Convention on Persistent Organic Pollutants (POPs) 2001, 2004
4 Basel Convention 1989, 2015 Character scale: 100%, Not Expanded by / Condensed by
5 Montreal Protocol on Substances that Deplete the Ozone Layer 1989, 1993 Character scale: 100%, Not Expanded by / Condensed by
London Amendment to the Montreal Protocol on Substances that Formatted: Font: (Default) Times New Roman, 11 pt,
6 1990, 1993 Character scale: 100%, Not Expanded by / Condensed by
Deplete the Ozone Layer, London
United Nations Framework Convention on Climate Change Formatted: Font: (Default) Times New Roman, Bold
7 1992, 1994 Formatted: Indent: Left: 0.19", No bullets or numbering
(UNFCCC), New York
Formatted: Font: (Default) Times New Roman
8 Convention on Biological Diversity, Rio de Janeiro 1992, 1994
Formatted: Font: (Default) Times New Roman, Highlight
9 Stockholm Convention on Persistent Organic Pollutants (POPs) 2001, 2004 Formatted: Font: (Default) Times New Roman
International Conventions, Agreements and Treaties(signed or ratified by Myanmar Formatted: Font: (Default) Times New Roman
[Table x.x] International Convention related to Environmental Impacts ratified by Myanmar Formatted: Font: (Default) Times New Roman, Highlight
Formatted: Font: (Default) Times New Roman, 11 pt, Bold,
[Table x.x] Society related international convention ratified by Myanmar
Formatted: Line spacing: single
Year of accession/ Formatted: Font: (Default) Times New Roman, 11 pt,

Name of the Convention Character scale: 100%, Not Expanded by / Condensed by
ratification/signature
The Convention on the Prevention and Punishment of the Crime of
1 1948, ratified Formatted: Font: (Default) Times New Roman, 11 pt,
Genocide
The Freedom of Association and Protection of the Right to Organise
2 Convention established by International Labour Organization (ILO) 1955, ratified Formatted: Line spacing: single
convention 87 Formatted: Font: (Default) Times New Roman, 11 pt,
3 United Nations Declaration on the Rights of Indigenous Peoples 2007, ratified
The Convention on the Elimination of All Forms of Discrimination Formatted: Font: (Default) Times New Roman, 11 pt,
4 1997, accessioned
Against Women (CEDAW) Character scale: 100%, Not Expanded by / Condensed by
5 The Convention on the Rights of the Child (CRC) 1991, accessioned Formatted: Line spacing: single
Protocol to Prevent, Suppress and Punish Trafficking in Persons,
6 Especially Women and Children, supplementing the United Nations 2004, accessioned Formatted: Font: (Default) Times New Roman, 11 pt,
Convention against Transnational Organized Crime (UNTOC) Character scale: 100%, Not Expanded by / Condensed by
The Committee on the Rights of Persons with Disabilities (CRPD, Formatted Table
7 2011, accessioned
2006) Formatted: Font: (Default) Times New Roman, 11 pt,
8 Convention on the Political Rights of Women (1953) 1953, signed Character scale: 100%, Not Expanded by / Condensed by
Convention for the Suppression of the Traffic in Women and Children Formatted: Line spacing: single
9 1947, signed Formatted: Font: (Default) Times New Roman, 11 pt,
(1947)
Convention for the Suppression of the Traffic in Persons and of the Formatted: Line spacing: single
10 1950, signed
Exploitation of the Prostitution of Others (1950)
3.2.2 Social Policies
3.2.2.1 The State Constitution of the Republic of the Union of Myanmar Formatted: Font: (Default) Times New Roman, Bold
The State Constitution of the Republic of the Union of Myanmar was ratified and promulgated by the Formatted: Normal, Left, No bullets or numbering
National Referendum held in May 2011. In the Constitution some of the provisions related to the Formatted: Don't keep with next, Don't keep lines together
urban planning and land management are summarized as follows: Formatted: Outline numbered + Level: 3 + Numbering
Style: 1, 2, 3, + Start at: 1 + Alignment: Left + Aligned at:
The Union is the ultimate owner of all lands and natural resources in the area. (Section 37) 0" + Indent at: 0.5", Don't keep with next, Don't keep lines
together
Citizens are given the right for private property. (Section 37);
Formatted: Font: Bold, Font color: Auto, (Asian) Korean
The Union guarantees the right to ownership and the use of property. (Section 372);
Formatted: Font: Not Italic, Font color: Auto, (Asian)
Every citizen has the duty to assist the Union in preserving and safeguarding the cultural heritage, Formatted: Font: (Default) Times New Roman
conserving the environment, striving for the development of human resources, and protecting and
Formatted: List Paragraph, Indent: Left: 0.06", Hanging:
preserving the public property. (Section 390). 0.19", Bulleted + Level: 1 + Aligned at: 0.28" + Indent at:
0.56"
3.2.2.2 City of Yangon Development Law Formatted: Font: (Default) Times New Roman, Bold,
(Asian) Korean
As for Yangon City area, the City of Yangon Development Law was enacted in 2013 and ordered the
Formatted: Font: (Default) Times New Roman, Not Italic,
formation of the YCDC in order to carry out the development works of Yangon City. The Law
Font color: Auto, (Asian) Korean
stipulated that YCDC should lay down the policy, give guidance, supervise or implement the
following duties and responsibilities (Section 7):
Preparation of civil projects and new towns; Formatted: Font: (Default) Times New Roman
Administration of lands; Formatted: List Paragraph, Indent: Left: 0.06", Hanging:
Determining only of the population which should be allowed to settle properly; 0.19", Bulleted + Level: 1 + Aligned at: 0.28" + Indent at:
0.56"
Construction, repair and demolition of buildings, squatter buildings, and squatter wards;
Demolition and re-settlement of squatter huts, squatter buildings, and squatter wards;
Construction of roads, bridges, and maintenance thereof;
Stipulation of conditions for traffic, parking of vehicles, and slow moving vehicles;
Construction of gardens, parks, playgrounds, and recreation centers, and maintenance thereof;
Carrying out works for the lighting of roads;
Carrying out works for water supply;
Construction of reservoirs and pipelines, and maintenance thereof;
Carrying out works for sanitation;
Carrying out works for public health;
Construction, maintenance, and administration of markets;
Stipulation of conditions for road side stalls; and
Carrying out precautionary measures against fires.
The Law also gives YCDC the following powers (Section 9):
Demarcating and re-demarcating the territorial limit of Yangon City (the City of Yangon
Municipality);
The right to operate works independently with funds owned by YCDC;
Prescribing, reviving, assessing, and collecting duties and taxes with their rates relating to
development works, in accordance with the existing laws;
The right to apply the foreign currency derived from the lease of building, lease of lands or by
other means, for development works;
The right to carry out works contributing to city development by making contracts with local and
foreign organizations and with local and foreign individuals;
The right to take loans and grants from the government or from foreign organizations, and being
responsible for its payment;
The right to carry out works by forming sub-committees work-wise;
Arranging modern methods and systems in order to carry out the development works effectively;
Exercising the powers conferred under the City of Yangon Municipal Act, rules, and bye-laws;
Exercising the powers conferred from time to time by the chairman of the State Law and Order
Restoration Council Law.
In addition, Section 10 of the Law stipulates that notwithstanding anything contained in the existing
City of Yangon Municipal Act, State Housing and Town and Country Development Board Act, and
other existing laws, powers relating to the formulation and implementation of civil projects, and
establishment of new towns and administration of town lands within the limits of the Yangon City,
shall vest in YCDC.
3.2.2.3 Land Acquisition Act (1894) Formatted: Heading 4, Left, No bullets or numbering
This British era act is still effective at present due to the lack of new legislation relevant to land Font color: Auto, (Asian) Korean, (Other) English (United
acquisition. The Act stipulates that the government could acquire a land if it was deemed to be in the States)
interest of the public. Religious lands such as pagodas, stupas, shrines, and cemeteries were not Formatted: Font: (Default) Times New Roman, (Asian)
Korean, (Other) English (United States)
subject for acquisition.
3.2.2.4 Rangoon Development Trust Act (1920) Formatted: Heading 4, Left, No bullets or numbering
In 1920, the Rangoon Development Trust Act was enacted under the British rule. This resulted in the Font color: Auto
establishment of Rangoon Development Trust in 1921, with powers that include the followings: Formatted: Font: (Default) Times New Roman
Purchase/acquisition of immovable property; Formatted: Font: (Default) Times New Roman

Project development planning and land management; Formatted: List Paragraph, Indent: Left: 0.06", Hanging:
Levy of revenue taxes and lease fees of land 0.19", Bulleted + Level: 1 + Aligned at: 0.28" + Indent at:
0.56"
Purchase, lease, and transfer of land and management through other methods; and
Establishment of laws, regulations, and instructions as necessary.
The Rangoon Development Trust, based on the Act, conducted long-term and short-term leases of
land, and thus allowed use of land, and conducted issuance of land lease licenses, permits and
abrogates for construction, industrialization, agriculture, and other special purposes.
3.2.2.5 States Housing Rehabilitation and Town and Villages Development Board Act Formatted: Heading 4, Left, No bullets or numbering
(1951) Formatted: Font: (Default) Times New Roman, Not Italic,
Font color: Auto, (Asian) Korean, (Other) English (United
In 1951, three years after the independence, the States Housing Rehabilitation and Town and States)
Villages Development Board Act was promulgated in order to solve the shelter problem occurring at Formatted: Font: (Default) Times New Roman, Not Italic,
Font color: Auto
the time as people were moving in to Rangoon from rural areas in large numbers.
The act stipulated that the provision of shelter would be performed through town and village
development projects and public housing rehabilitation projects along with systematic management
process.
It states that Any any land (or building, if it exists on the land) could be acquired through the Formatted: Normal, No bullets or numbering
Land Acquisition Act (1894) Formatted: Font: (Default) Times New Roman
This act enabled town and village development, supervision of public housing rehabilitation,
management and improvement of land management, and others on the nationwide basis.
3.2.2.6 Urban Rent Control Act (1952, amended in 1960) Formatted: Heading 4, Left, No bullets or numbering
Shortly after the World War II, a large number of people migrated to the cities and the issue of Font color: Auto
housing became serious and acute. This Act regulated the rents in the urban areas to a low and Formatted: Font: (Default) Times New Roman
affordable level. This Act is still in effect, keeping the housing rents in the urban areas to a
considerably low level so that proper maintenance of rented properties has become economically
unbearable for most property owners.
3.2.2.7 Farmland Law (2012) Formatted: Heading 4, Left, No bullets or numbering

The Law is to be accompanied by Farmlands Bylaws and Vacant, Fallow, and Virgin Lands Font color: Auto, (Asian) Korean, (Other) English (United
Management Bylaws to be approved by the Union Government. The Farmland Law enables all States)
farmers across the country to enjoy land use rights, in which the farmer can register. Formatted: Font: (Default) Times New Roman, Not Italic,
Font color: Auto
3.2.2.8 Other Related Laws and Regulations Formatted: Font: (Default) Times New Roman, Not Italic,
Font color: Auto
The legislative system inherited from the colonial period is highly comprehensive. The following Formatted: Font: (Default) Times New Roman
laws and rules are listed according to specific concerns to the human settlement sector. Formatted: Heading 4, Left, No bullets or numbering
Towns Act, 1870; Formatted: Font: (Default) Times New Roman

Lower Burma Towns and Village Act, 1894; Formatted: List Paragraph, Indent: Left: 0.06", Hanging:
Municipal Act, 1898; 0.19", Bulleted + Level: 1 + Aligned at: 0.28" + Indent at:
0.56"
Land Revenue Manual, 1907;
Land Rules, 1922;
City of Rangoon Municipal Act, 1924;
Underground Water Rules, 1941;
Requisitioning (Emergency Provisions), 1947;
Land Nationalization Act, 1953;
Town Planning Act (Draft Proposal), 1961;
Formatted: Font: (Default) Times New Roman, (Asian)
Korean
3.2.2.9 By-laws of YCDC Formatted: Font: (Default) Times New Roman, Not Italic,
Font color: Auto
As a result of The Strategic Urban Development Plan (SUDP), 24 bylaws, which have been enacted Formatted: Heading 4, Left, No bullets or numbering
between 1995 and 2001, are even effective in YCDC. The contents of the bylaws cover all spheres of Formatted: Font: (Default) Times New Roman
the citys administration front, varying from management, urban planning to infrastructure, and
commercial registration. In addition, 24 bylaws of YCDC, which have been enacted between 1995
and 2001, are even effective in YCDC. The contents of the bylaws cover all spheres of the citys
administration front, varying from management, urban planning to infrastructure, and commercial
registration.
Land acquisition and Resettlement Procedures was confirmed that the most of lands to be acquired for
the Project are categorized as an agricultural land. In order to acquire agricultural land to use for
public purpose, two main steps are required. First, the project owner has to get approval from
Agriculture Land Management and Statistics Department at relevant township for conversion of land
from agricultural land to other purposes. Secondly, the project owner has to set compensation price in
consulting with compensation committee organized by General Administrative Department at
relevant township. The following is the summery of these procedures. According to the Article 29
30 in Chapter X of the Farmland law, 2012, application for use of farmlands by other means are
permitted for the sake of long-term national interests and planning projects as proposed by Nay Pyi
Taw Council or region / state governments or by concerned Union Ministries. The application must
be submitted to Union Government with comments given by Central Farmland Management
Committee. Only when the approval is received from the Union Government, the project shall be
implemented accordingly.
The detailed requirements and regulations are shown in Articles 78 94 of Chapter IX in Farmland
Rules, 2012. As stated in the Article 80, in case of that if farmlands are required to be used for
construction projects which are necessarily related to rural and urban development, such as schools,
hospital, dispensary, library, street, bridge, rural market, religious building, cemetery and other
necessary buildings, the following requirements should be met with application of the use of lands by
other means.
a. If it is for school, the approval of Ministry of Education and availability of fund. Formatted: Indent: Left: 0.06", Hanging: 0.19"
b. If it is for healthcare unit such as hospital or dispensary, the approval of Ministry of Health and
Sports and availability of fund.
c. If it is for religious building, the approval of Ministry of Religious Affairs and Cultures, and
availability of fund.
d. If it is for other matters, the approval of concerned Ministry and availability fund.
After obtaining the approval of conversion for the proposed project land from the Agriculture Land
Management and Statistics Department at relevant township the project owner draft compensation
price for the land in consulting with relevant village heads and affected peoples. Then the project
owner makes a request to General Administrative Department at relevant township for organizing a
compensation committee in order to scrutinize the drafted compensation price. In general,
compensation committee is comprised of project owner; Agriculture Land Management and Statistics
Department, Police Officer, Agriculture Department, Environmental Conservation Department and
General Administration Department at the relevant township.
After the compensation price was finalized at compensation committee, the project owner shall pay
the compensation to affected peoples. In case affected people is not satisfied the compensation price,
he/she can appeal to the compensation committee to reconsider the price.
Formatted: Font: Bold, (Asian) Japanese, Not Highlight
[Table 3.2.2 Society related international convention ratified by Myanmar Formatted: Font: Bold, (Asian) Japanese
Year of accession/
ratification/signature
The Convention on the Prevention and Punishment of the Crime Formatted: Indent: Left 1 ch, Right 1 ch
1 1948, ratified
of Genocide
The Freedom of Association and Protection of the Right to Formatted: Indent: Left 1 ch, Right 1 ch
2 Organise Convention established by International Labour 1955, ratified
Organization (ILO) convention 87
3 United Nations Declaration on the Rights of Indigenous Peoples 2007, ratified Formatted: Indent: Left 1 ch, Right 1 ch
The Convention on the Elimination of All Forms of Formatted: Indent: Left 1 ch, Right 1 ch
4 1997, accessioned
Discrimination Against Women (CEDAW)
5 The Convention on the Rights of the Child (CRC) 1991, accessioned Formatted: Indent: Left 1 ch, Right 1 ch
Protocol to Prevent, Suppress and Punish Trafficking in Formatted: Indent: Left 1 ch, Right 1 ch
Persons, Especially Women and Children, supplementing the
6 2004, accessioned Formatted Table
United Nations Convention against Transnational Organized
Crime (UNTOC)
The Committee on the Rights of Persons with Disabilities Formatted: Indent: Left 1 ch, Right 1 ch
7 2011, accessioned
(CRPD, 2006)
8 Convention on the Political Rights of Women (1953) 1953, signed Formatted Table
Convention for the Suppression of the Traffic in Women and Formatted: Indent: Left 1 ch, Right 1 ch
9 1947, signed Formatted: Indent: Left 1 ch, Right 1 ch
Children (1947)
Convention for the Suppression of the Traffic in Persons and of Formatted: Indent: Left 1 ch, Right 1 ch
10 1950, signed
the Exploitation of the Prostitution of Others (1950) Formatted Table
Table 3.2.3 Legal frameworks on environmental and social considerations in Myanmar
No Law/Regulation Year issued Key Content

Constitution and Environmental Policy Formatted Table
To establish sound environmental
National policies in utilization of water, land, forest,
1 Environmental 1994 mineral resources, and other natural resources
Policy in order to conserve the environment and to
preserve it degradation.
Constitution of the States the responsibility of all organizations
2 Republic of the Union 2008 and citizens to protect the natural environment
of Myanmar and natural resources of the state.
Environmental Conservation Formatted Table
The law lays down the path forward to focus
government efforts to accomplish sustainable
Environmental development and provide basic principles and
3 Conservation 9/2012 give guidance for systematic integration of
Law environmental issues in sustainable
development.
The Ministry shall form the EIA Report
Review Body with the experts from the
relevant Government departments,
organizations and may assign duty to the
Environmental
Department to scrutinize the report of EIA
4 Conservation 2014
prepared and submitted by any organization or
Rules
person relating to EIA and report through the
EIA Report Review Body, and then may
approve and reply on the EIA report or IEE or
EMP with the guidance of the Committee.
Contents in EIA, IEE, Project categorization
5 EIA Procedure 2015 for EIA, IEE requirement and process of ECC.
Biodiversity and Natural Conservation Formatted Table

In order to protect and conserve
wildlife,wildplants and natural area in
accordance with international protocol, Union
Government Policy.
Protection of wildlife,
Designates national parks and other protected
Wildplant and
6 2016 areas to be: Scientific Reserve; National Park
conservation of natural
Marine NationalPark; NatureReserve;
area Law
WildlifeSanctuary; Geo-physically Significant
Reserve; or Other Nature Reserve designated
by the Minister
Implementation of forest policy and

environmental conservation policy, to
promote the sector of public in implementing
these policies, to develop the economy of
state, to prevent destruction of forest and
7 The Forest law 1992
biodiversity, to carry out simultaneously
conservation of natural forests and
establishment of forest plantation and to
contribute to the fuel requirement of the
country
Water Resources
Conservation of Water Specification on role and responsibility for
8 Resources and Rivers 2006 maintaining river, permission process for the
Law activities that can damage river resources.
9 The Water Power Act 1927 License requirement of using public water.
The Underground The requirement for systematic use of ground
10 1930
Water Act water toward sustainable purpose.
Protection and This law stipulates that no person shall
Preservation of construct, extend, renovate a building or
11 Cultural Heritage 1998 extend the boundary of ancient monumental
Regions zone or ancient site zone without prior
Law permission granted under this law.
Urban Development and Management Formatted Table
In order to construct or lay out of drains for
The City of Rangoon effectually draining the City, and the
12 1992
Municipal Act maintenance, flushing and cleansing of all
municipal drains;
In order to collect, remove, treat and dispose
of sewage, offensive matter and rubbish
In order to manage and maintain of all
municipal water-works and the construction or
acquisition of new works necessary for a
sufficient supply of suitable water for public
and private purposes
In order to carry out the development works of
the City of Yangon effectively.
Yangon City
In order to prepare of civil projects and
13 Development 1990
establish of new towns within the limits of the
Law (12/2011)
City of Yangon Municipality
Land Acquisition and Resettlement Formatted Table

to arise out of land, and things attached to the
earth or permanently fastened anything
The Land Acquisition attached to the earth
14 1894
Act interest in compensation to be made on
account of the Acquisition of land under this
Act
in writing declare that the transfer or lease of
Transfer of Immovable
the immoveable property or any portion
15 Property Restriction 1947
thereof contrary to the provisions of section,
Act
shall be avoid;
The Township Farmland Management Body
shall issue the Land Certificate to the
16 Farmland Law 2012 Township Land Record Department Office
passing it through the relevant ward or Village
Tract Farmland Management Body.
In the farm land is requisitioned under farm
land law for the interest of the state or the
public the grievance and compensation for
17 Farmland Rules 2012 improving the farm land without delay
farm the concern, the central farm land
management committee shall conduct as
necessary.
2012 In order to effectively collect taxes or revenues Formatted: Centered, Space After: 0 pt, Line spacing:
for the state through the utilization of vacant, single
fallow and virgin lands, the Central
Committee shall instruct the person given the
Vacant, Fallow, Virgin rights to work on or utilize vacant, fallow and
18 Land virgin lands to pay land tax according to the
Management Rules rates, and according to the kind of crops
or projects, for the utilization of the said
lands and arrange for the relevant department
to supervise and collect the tax.
Pollution Control and Occupational Health Formatted Table

It is concerned with protection of peoples
health by controlling the quality and
19 Public Health Law 1972 cleanliness of food, drugs, environmental
sanitation, epidemic diseases and regulation of
private clinics.
Conduct pre-employment health assessments
for employment candidates.
Standing Order 2_95 Conduct annual health checks for current staff.
20 Occupational Health 1995 Conduct a workplace health assessment once
Plan per year.
Seek professional guidance on occupational
health related matters.
To reduce dependency on imported liquid,
fuels, to overcome the current energy situation
Standing Order 3_95
and to minimize the Global Warming
21 Water and Air 1995
condition.
Pollution Control Plan
To prevent from pollution and damage on the
natural environment by the wastes discharged.
Describes functions and responsibilities of
health personnel and citizens in relation to
prevention and control of communicable
Prevention and Control diseases. It also describes measures to be taken
of communicable 1995/ in relation to environmental sanitation,
22
Diseases Law (1995) 2011 reporting and control of outbreaks of
(Revised in 2011) epidemics and penalties for those failing to
comply. The law also authorizes the Ministry
of Health to issue rules and procedures when
necessary with approval of the government.
It is concerned with protection of peoples
health by controlling the quality and
23 Public Health Law 1972 cleanliness of food, drugs, environmental
sanitation, epidemic diseases and regulation of
private clinics.
To prevent from damaging the environmental
Prevention From resources and from endangering the lively
Danger Of Chemical creatures due to the chemical and associated
24 And Associated 2013 materials;
Material Law (26th To control systematically for the safety in
august 2013) carrying out in accord with the approval for
chemical and associated materials business;
To carry out the data information acquiring
system and to widely do the educating and
research works in order to utilize the chemical
The Petroleum Rules
25 1937 and associated materials systematically;
(1937)
To carry out continuous development for
worksite safety, health and environmental
conservation.
The Petroleum Rules
26 (1937)The Petroleum 19372010 Production, storage or transportation of oil.
Act 1934
Science and Technology Formatted Table
27 The Science and 1994 To carry out development of Science and
Technology Technology for promotion of industrial
Development Law production contributory towards the National
Economic Development Plans;
To carry out Research and Development for
the increased extraction and utilization of
domestic raw materials and the promotion of
industrial production enterprises based on
modern Science and Technology;
To effect Technology Transfer for the
promotion of production processes and the
improvement of the quality of goods;
To nurture luminaries required for the
development of Science and Technology and
for Research and Development and to improve
their qualifications.
Bridge and Road Formatted Table
To determine the road and bridge at which the
toll shall be collected, the rate of toll and the
Law Relating to the
category of vehicle and exempt from paying
Use of Road and
28 2015 the toll
Bridge (The
Responsibilities of the supervisor for the
amendment Law)
collecting of toll
Prohibition and offences and penalties
Highway Law by Implementing the land acquisition and
29 Ministry of 2000 building demolition based on the current law
Construction (Article 4)
3.2.3 EDCF Safeguard Policy and Gap Analysis

Regarding policies for environmental and social considerations, Table 3.2.4 shows results of
comparison between the policies of Myanmar legislations including the EIA Procedure and Economic
Development Cooperation Fund (EDCF) Safeguard Policy which is being committed to ensure the
environmental and social sustainability by the Export-Import Bank of Korea. The Export-Import
Bank of Korea is a bank entrusted by the Korean Government to conduct all EDCF operations such as
project appraisal, execution of loan agreement, loan disbursement, and project evaluation. EDCF is a
specialized government fund to assist developing countries industrial development and economic
stability with the purpose of promoting economic cooperation between Korea and developing
countries.
Table 3.2.4 Comparative analysis between Economic Development Cooperation Fund (EDCF)
Safeguard Policy and Myanmar Legislations
Legislation of
EDCF Safeguard Policy Gaps & Mitigation Measures
Myanmar
1. ESIA Procedures
Legislation of
Myanmar
[EDCF Safeguard Policy- F. EIA Procedure Art. 3: No gaps are identified.
Responsibilities of the Borrower The Project proponent
/Para 16] shall submit IEE or EIA
(and EMP) in order to
Environmental and social
acquire the permit for
consideration shall be taken into
project implementation.
account at the initial stage of the
project planning.
[EDCF Safeguard Policy- J. ESIA In addition to conducting No gaps are identified.
and IESE /Para 25] IEE or EIA, Project
Proponent shall establish
The Project executing authority
and submit mitigation
(PEA) shall prodict environmental
measures and according
and social impacts of the project
implementation plans of
and establish measures to avoid,
such measures.
minimize and compensate/offset.
[EDCF Safeguard Policy- J. ESIA Screening of the Project In Screening of the proposed
and IESE /Para 23] to Category A, B and C project, a new bridge
shall be decided by the construction with more than 2
Screening is required in order to
MoNREC with the km shall require the EIA per
categorize the project to
reference of the Annex 1 Myanmar safeguard. MoNREC
environmental and social risk
of the EIA Procedure: concluded that the proposed
category A, B and C.
Categorization of project requires EIA, i.e. Type
- Category A projects shall be Economic Activities for A project for EDCF.
subject to (full) Environmental Assessment Purposes
and Social Impact Assessment
(ESIA) and mitigation measures
and monitoring shall be planed
covering all the identified impacts.
[EDCF Safeguard Policy- J. ESIA MoNREC shall The proposed project was
and IESE /Para 24] determine whether the determined for ESIA. As part of
establishment of the the ESIA. ESMP will be
Environmental and Social
EMP is necessary for a established.
Management Plan (ESMP) shall
proposed project case by
be established for all ESIA- No gaps are identified.
case.
subject projects. The Plan shall
include measures to mitigate
identified environmental and
social impacts as well as
monitoring plans of the project.
[EDCF Safeguard Policy- L.
Monitoring /Para 34]
- Project Executing Authority
(PEA) shall conduct monitoring in
accordance with the ESMP or
Legislation of
Myanmar
other relevant plans (including
Resettlement Plan (RP) and
Indigenous Peoples Plan (IPP))
and report to the Export-Import
Bank of Korea on a regular basis.
2. Compliance of the Relevant Standards, Laws and Regulations
[EDCF Safeguard Policy- H. [EIA Guidelines Section EDCF Safeguard stipulates the
Additional References /Para 18] 4.4] observance of both the
legislation of Myanmar and the
The EDCF-financed project shall EIA of a proposed
international good practices of
comply with the relevant laws and project shall comply with
safeguards. No gaps are
regulations of a recipient country. the environmental and
identified.
In case gaps are identified social requirements of a
between the recipient countrys donor organization.
relevant laws and regulations and
[EIA Procedures Art. 7]
EDCF policies (and other
internationally accepted For Resettlement Plan
environmental and social (RP) and Indigenous
safeguard standards), more Peoples Plan (IPP) the
stringent ones between them shall relevant ministries
be applied. guidelines shall be
complied.
Prior to the establishment
of such guidelines, the
project shall observe the
international good
practices of the
international financial
institutions (IFIs) such as
World Bank Group and
Asian Development
Bank (ADB).
3. Special considerations
[Appendix 2-II. Social EIA Procedure of Considerations for vulnerable
Assessment Para 17] Myanmar (2015) does groups are not explicitly
not specifically mentions included as part of EIA in
The Borrower shall make efforts
the need for special Myanmar legislation.
to identify vulnerable groups. As
measures for vulnerable
necessary, the borrower shall This ESIA recommends special
groups except for
implement special measures to consideration for women and
indigenous people.
ensure they are unduly other vulnerable groups as part
disadvantaged in the process of of ESMP of this ESIA report.
project implementation.
4. Ecosystem and Biodiversity
Legislation of
Myanmar
[Appendix 2- II. Social Chapter III, article 25 Previous literature indicates that
Assessment Para 5] EIA Procedures (2015): there are specific gaps in
foreseeable adverse safeguards. It is recommended
EIA needs to assess the level of
effects on any legally that the PEA comply with IFC
significance of the impacts and
protected national, Standard (PS 6) as well as the
risks on biodiversity and natural
regional or state area, legislation of Myanmar.
resources, focusing on: threats to
including without
biodiversity (destruction of habitat
limitation: 1) a forest
and introduction of invasive alien
conservation area
species, and the unsustainable use
(including biodiversity
of natural resources)
reserved area); 2) a
- If the impacts are unavoidable, a public forest; a park
compensation plan must be (including marine parks);
established. 3) a mangrove swamp;
4) any other sensitive
coastal area; 5) a
wildlife sanctuary; 6) a
scientific reserve; 7) a
nature reserve; 8) a
geophysical significant
reserve; any other nature
reserve nominated by the
Minister; 9) a protected
cultural heritage area;
10) a protected
archeological area or
area of historical
significance
5. Involuntary Resettlement and Compensation
[Appendix 2] II. Social Article 3 in Land Previous literature indicates the
Assessment Para 22 Acquisition Act (1894) potential lapse of compensation
stipulates that a person for non-property types, such as
Land compensation entitlement
who has right in land loss of income sources and jobs
are recognized for both those with
would be entitled to etc. as well as negligence of
formal legal rights and with no
claim a compensation if compensation entitlement for
legal rights but with rights
the land were acquired informal settlers. However, It is
recognizable under the national
under this Act. found that the proposed project
law.
includes the informal settlers
Article 64 in Farmland
Other than land compensation, all and street vendors as project
Rules (2012) stipulates
the non-land type properties shall affected population.
compensation in
be offered to all affected persons
farmland acquisition for As long as they are entitled for
regardless their having legal or
the interest of the State non-land property
any other types of ownership.
or public. compensation, no gaps are
identified.
Land Acquisition Act
Legislation of
Myanmar
1894 Article 23 of the No gaps are identified.
Act stipulates that
damages on standing
crops and trees, on land,
properties, incidental to
relocate residence or
business and losses of
profits due to land
acquisition are
considered for
compensation although it
does not clearly state to
support.
Article 26 in Farm Land
Law and, Article 66 in
Farm Land Rules
addresses the person who
has the ownership to use
the farmland is to be
given compensation in
case the land is
confiscated for interests
of the State or the public
interests.
[Appendix 2] II. Social EIA Procedure Art 102: No gaps are identified in
Assessment Para 26: The Project Proponent Legislation.
shall bear full legal and
The rate of compensation for
financial responsibility
acquired land or other assets shall
for [] (b) PAPs until
be calculated at full replacement
they have achieved
costs, as much as possible.
socio-economic stability
at a level not lower than
that in effect prior to the
commencement of the
Project, and shall support
programs for livelihood
restoration and
resettlement in
consultation with the
PAPs, related
government agencies,
and organization and
other concerned persons
for all Adverse Impacts.
Legislation of
Myanmar
6. Indigenous People
[Appendix 2] II. Social Chapter II Article 7 in No gaps identified in
Assessment Para 34: EIA Procedures (2015) legislation. However, previous
social impacts include literature indicates gap exists in
The borrower will undertake
Involuntary Resettlement the legislation of Myanmar and
meaningful consultation with
and Indigenous Peoples practices of addressing
affected Indigenous Peoples to
issues: indigenous issues.
ensure their informed participation
in i) designing, implementing, and 7. Projects that However, in this project the
monitoring measures to avoid involve Involuntary need for Indigenous Peoples
adverse impacts on them or, when Resettlement or which Plan (IPP) is not triggered. N.A.
avoidance is not possible, to may potentially have an
minimize, mitigate, and Adverse Impact on
compensate for such effects; and Indigenous People shall
ii) tailoring project benefits that comply with specific
accrue to them in a culturally procedures separately
appropriate manner. [] The issued by the responsible
consultation process and its results ministries. Prior to the
will be documented and reflected issuance of any such
in the Indigenous Peoples plan specific procedures, all
(IPP). such Projects shall
adhere to international
good practice (as
accepted by international
financial institutions
including the World
Bank Group and Asian
Development Bank) on
Involuntary Resettlement
and Indigenous Peoples.
7. Monitoring & Public Disclosure
[EDCF Safeguard EIA Procedure (2015) No particular gaps identified in
Policy/L.Monitoring/Para.33&34] requires establishing a principles and stated systems.
Monitoring should be conducted comprehensive
to the level commensurate with monitoring plan as an
the risks and impacts of the integral part of the ESIA
project. And the Borrower shall report to be applied to all
record data by tracking the phases of the project. In
safeguard performance and each phase of the project
verifying progress, regularly implementation, concrete
submit them to the KEXIM, at and regular monitoring
least annually for Category A plans and sub-plans need
projects. to be implemented.
EIA Guidelines (2015) of
Myanmar also specifies
Legislation of
Myanmar
the procedural and
substantive details of
monitoring.
[EDCF Safeguard Article 50(a) in EIA No gaps are identified.
Policy/L.Monitoring/Para.35 & Procedure on public
39] disclosure includes the
The borrower of the EDCF is following: In ten days of
required to ensure that relevant completing a monitoring
environmental and social report, the project
information is made available proponent shall make it
publicly for transparent decision- public on the Project
making. The borrower shall website, at public
provide the following meeting places (e.g.
environmental and social libraries, community
information to the affected halls) and at the Project
communities: 1) Objectives, offices.
nature, scale, and period of Modalities for public
activities pertaining to the disclosure also include:
proposed project/ 2) Potential posting on the Project or
risks and impacts as well as Project Proponents
mitigation measures/ 3) Process of website(s) and local
stakeholder participation and media, including by
grievance- redress mechanisms. means of the prominent
The borrower is responsible to posting of legible sign
provide relevant environmental boards and advertising
and social information in a timely boards at the Project site
manner, at an accessible location, which are visible to the
and in a form and language(s) public
understandable to the project
affected people and other
stakeholders.
8. Consultation and participation of stakeholders
[EDCF Safeguard Policy/ Para 43] Chapter V Article 61 of As a communication and
EIA Procedure (2015) participation mechanism of the
The borrower shall identify requires the arrangement stakeholders, the Myanmar
concerned stakeholders and of consultation meetings Legislation requires
develop communication at national, regional, arrangement of consultation
mechanisms to facilitate dialogue state, Nay Pyi Taw meetings with range of different
among relevant stakeholders. The Union Territory and local stakeholders at national,
borrower will also develop and levels, with PAPs, subnational levels.
implement a participation authorities, community
mechanism tailored to the based organizations and Myanmar Legislation lists key
characteristics and interests of the civil society. - stakeholders for a project.
affected people. Consultations with
Legislation of
Myanmar
concerned government No Gaps are identified.
organizations including
the Ministry, the
concerned sector
ministry, regional
government authorities
and others.
[EDCF Safeguard Policy/ Para 43] - No mention of meaningful

participation during
The participation mechanism may consultation in Myanmar
include special measures to enable Legislation.
meaningful participation of
vulnerable groups. It is recommended that the
Project observe the meaningful
participation principles per
EDCF Safeguard Policy.
[EDCF Safeguard Policy/ Para 44] - No mention of gender

consideration during
If necessary, the consultation consultation meetings in
process collects the views of men Myanmar Legislation.
and women through separate
forums or other forms of In the case of the proposed
participation, and reflects the project, it is not judged that
different interests and priorities of different views of men and
both genders. women need to be collected
through separate forums. In
addition, Socio-economic
survey of this ESIA ensured the
due representation of the female
respondents amongst the PAPs
in perception survey.
No significant gap is identified.
9. Gender
[EDCF Safeguard Policy - N. No mention of Myanmar laws do not mention
Consultation and Participation/ consideration for gender. gender-sensitive approach or
Para 44 & 45] special consideration of social
vulnerable groups.
[EDCF Safeguard Policy O.
Local Grievance Redress Gender-specific socio-
Mechanism/ Para 46] economic baseline data
collection and potential impacts
[Appendix 2 II. Social
on women group are
Assessment/Para 15 & 35]
recommended to be integrated
At each stage of the ESIA, i.e.
Legislation of
Myanmar
impact assessments, stakeholder in this ESIA.
consultation and participation and
GRM exercise, the Policy
mainstreams the application of
gender-sensitive approach.
10. Grievance Redress Mechanism (GRM)
[EDCF Safeguard Policy - O. EIA Guidelines 5.5.3 No gaps are identified.
Local Grievance Mechanism/ stipulates on the need to
Para 46] establish a Complaints
and Grievance
The borrower shall establish and
Mechanism.
maintain a grievance redress
mechanism to receive and EIA Procedure (2015)
facilitate resolution of affected does not mention GRM
peoples concerns and grievances or CGM in particular.
about the borrower's
environmental and social
performance at project level. The
grievance redress mechanism
should be scaled to the risks and
impacts of the project. It should
address affected people's concerns
and complaints shortly, using an
understandable and transparent
process that is gender responsive,
culturally appropriate, and readily
accessible to most of the segments
of the affected people.
11. Cultural Heritages
[EDCF Safeguard Policy_ Para The Antiquities Act, Current legislation does not
22] The borrower needs to 1957, 1962 amended)and define requirements
identify the potential impacts on The Protection and
for consultation and project
physical cultural resources from Preservation of Cultural
design around cultural
screening to ESIA. Heritage Regions Law
(1998) require that the No gaps are identified.
[Appendix 2_II. Social
project sites should be
Assessment_Para 20 & 21]
distanced at least 1,440
Physical cultural resources likely feet away from the
to be affected by the project will location of the
be identified by qualified and cultural/heritage sites.
experienced experts based on
EIA Procedure of
field-based surveys as an integral
Myanmar requires
part of ESIA.
impacts and risks on the
The relocation or removable of the cultural heritages shall be
identified physical cultural duly predicted, assessed
Legislation of
Myanmar
resources would be made only and whose mitigation
when the following conditions are measures to be included
met: 1) No alternatives to in the EMP.
removal are available/ 2) The
overall benefits of the project
substantially outweigh the
anticipated cultural heritage loss
from removal/ 3) Any removal is
conducted in accordance with
relevant provisions of national
and/or local laws, regulations, and
protected area management plans
and national obligations under
international laws, and employs
the best available techniques.
Source: EDCF (2016) and relevant Myanmar legislations
3.2.4 EIA Study and Report Preparation

EIA study has undertaken a systematic assessment of the proposed Project activities. Screening was
conducted as part of the assessment to identify all potential environmental and social risks. A
summary of the screening and the preliminary identified environmental and social impacts was
submitted to MONREC (via MOC) in the form of a PPR in May 2016. MONREC used this document
to decide what level of assessment would be required. An EIA Study was required in line with EIA
Procedure for the proposed Project. After screening, a scoping phase was conducted to further
identify the potential impacts of the proposed Project, and potentially Project Affected Peoples (PAP)
/ Communities and to identify potential mitigation measures. Stakeholder engagement was
undertaken in July 2016 during this process to collect baseline data and allow stakeholders to express
views and concerns, which would be considered during the EIA Phase. The Scoping Report contained
the ToR for the EIA Report which outlined the scope and studies necessary as part of the EIA Phase.
The Scoping Report and ToR were also submitted to MONREC (via MOC) in August 2016.
The subsequent EIA Report (this draft Report) has been prepared to address potential adverse
environmental and social impacts and propose appropriate mitigation measures. The report includes
the results of public consultations and addresses public concerns when assessing impacts, designing
mitigation measures and selecting monitoring parameters. This EIA report will be submitted to
MONREC (via MOC). The EIA Procedure states that proponent should disclose the EIA Report to
civil society, PAPs, concerned government organisations and other interested stakeholders. This EIA
Report will be disclosed to the public by distributing an executive summary in Myanmar to the
related GAD offices in Dala and Lanmadaw Townships, advertising the availability of the report for
review in a national newspaper and providing access to the both the English and Myanmar language
executive summary and full English report on MOCs website.
3.2.5 Contractual and other Commitments
The commitments of project proponent: Department of Bridge, Ministry of Construction contains
governing conditions for the proposed Project and notes that the proposed Project shall be undertaken
in accordance with the laws, regulations and directives of Myanmar shown in Annex 3.2.
3.3 Institutional Framework

3.3.1 Environmental Authorized Agency(MONRAEC)
The government body with primary responsibility for ensuring and promoting soundness of the
environment in Myanmar is MONREC although other Ministries such as the Ministry of Agriculture,
Livestock and Irrigation and Ministry of Construction, and also share certain level of responsibility
(Figure 3.3.1). MONREC was reformed in April 2016 from the Ministry of Environmental
Conservation and Forestry to be the focal point and coordinating agency for environmental
management. While law does not specify the role of MONREC, responsibility of its predecessor (i.e.
Ministry of Forestry) is stipulated in the Forest Policy (1995) as: forest land management;
environmental protection; timber extraction; and forest policy in Myanmar.
Since then, there has been only one modification to the structure of the Ministry, which is addition of
Environmental Conservation Department (ECD) established in October 2012 based on Environmental
Conservation Law. ECD is the department responsible for managing the EIA process in Myanmar.
The role of MONREC in environmental conservation can therefore be considered greater than before.
Figure 3.3.1 Organization Chart of MONREC
MONRAECThe State Constitution of the Republic of the Union of Myanmar was ratified and promulgated by the National Referendum held in Ma y 2011.
In the Constitution some of the provisions related to the urban planning and land management are
summarized as follows:
The Union is the ultimate owner of all lands and natural resources in the area. (Section 37)
Citizens are given the right for private property. (Section 37);
The Union guarantees the right to ownership and the use of property. (Section 372);
Every citizen has the duty to assist the Union in preserving and safeguarding the cultural heritage,
conserving the environment, striving for the development of human resources, and protecting and
preserving the public property. (Section 390).The EIA Procedures and Environmental Quality Standard
are stipulated the conditions under which ESIA is required and the steps to be followed in conducting and
assessing the ESIA. Under the Procedures, the Ministry, as the Executing Agency sets an ESIA Review
Committee, is to give recommendations from an environmental point of view whether to approve the
ESIA reports or not. Composition of the ESIA Review Committee will be determined by the Union
Minister of MONREC but needs to include persons from the industry, academia, and civil society, as
well as government officials.
ESIA includes an environmental management plan and a social impact assessment report. Procedures
may also include a clause for public participation in implementing the Initial Environmental Examination
(IEE), ESIA, and Environmental and Social Management Plan (ESMP), yet only if deemed necessary by
the MORNEC. It may also mention the notion of precautionary principle and touch on climate change
but will not include Environmental, Social Impact Assessment (ESIA) and Strategic Environment
Assessment (SEA).
The full EIA process undertaken for the proposed project to be in general consists in Figure below;
3-23
Figure 3.3. 2. Environmental and Social Impact Assessment (ESIA) Process
3.3.2 YCDC
As for Yangon City area, the City of Yangon Development Law was enacted in (2013) and ordered the
formation of the YCDC in order to carry out the development works of Yangon City. The Law stipulated
that YCDC should lay down the policy, give guidance, supervise or implement the following duties and
responsibilities (Section 7):
Preparation of civil projects and new towns;
Administration of lands;
Determining only of the population which should be allowed to settle properly;
Construction, repair and demolition of buildings, squatter buildings, and squatter wards;
Demolition and re-settlement of squatter huts, squatter buildings, and squatter wards;
Construction of roads, bridges, and maintenance thereof;
Stipulation of conditions for traffic, parking of vehicles, and slow moving vehicles;
3-24
Construction of gardens, parks, playgrounds, and recreation centers, and maintenance thereof;
Carrying out works for the lighting of roads;
Carrying out works for water supply;
Construction of reservoirs and pipelines, and maintenance thereof;
Carrying out works for sanitation;
Carrying out works for public health;
Construction, maintenance, and administration of markets;
Stipulation of conditions for road side stalls; and
Carrying out precautionary measures against fires.
The Law also gives YCDC the following powers (Section 9):
Demarcating and re-demarcating the territorial limit of Yangon City (the City of Yangon
Municipality);
The right to operate works independently with funds owned by YCDC;
Prescribing, reviving, assessing, and collecting duties and taxes with their rates relating to
development works, in accordance with the existing laws;
The right to apply the foreign currency derived from the lease of building, lease of lands or by other
means, for development works;
The right to carry out works contributing to city development by making contracts with local and
foreign organizations and with local and foreign individuals;
The right to take loans and grants from the government or from foreign organizations, and being
responsible for its payment;
The right to carry out works by forming sub-committees work-wise;
Arranging modern methods and systems in order to carry out the development works effectively;
Exercising the powers conferredl under the City of Yangon Municipal Act, rules, and bye-laws;
Exercising the powers conferred from time to time by the chairman of the State Law and Order
Restoration Council Law.
In addition, Section 10 of the Law stipulates that notwithstanding anything contained in the existing City
of Yangon Municipal Act, State Housing and Town and Country Development Board Act, and other
existing laws, powers relating to the formulation and implementation of civil projects, and establishment
of new towns and administration of town lands within the limits of the Yangon City, shall vest in YCDC.
3.3.3 Land Compensation & Resettlement Coordination Committee (LCRCC)

Department of Bridge, Ministy of Construction, the project proponent, established the Land
Compensation & Resettlement Coordation Committee whose members include officials of relevant
Minstiries and local government administration. The Committee was approved by the Union Security and
Controlled Committee.
In the first meeting on 15 September 2015, LCRCC adopted the Land Compensation & Resettlement
Coordination Sub-Committee. The first round of the LCRCC Sub-Committee was convened on 16 and
17 September 2015. The Sub-Committee surveyed, scoped the Area of Influence and identified the
affected households. The Sub-Committee estimated the detailed estimation of Compensation costs, based
on which the compensation and restoration scheme and period were decided. In the second round of the
3-25
LCRCC meeting on 22 September 2015, the proposed schemes wer reviewed and finalizied. The
Regional Government of Yangon approved of the proposed Land Compensation scheme.
After consultations with the PAPs and their communities (in Dala Township) on 7 October 2015, the
compensation scheme was decided.
LCRCC is composed of the relevant departments of MOC, as project proponent (i.e. Department of
Building, Department of Bridge and Department of Highway), Ministry of Agriculture, Livestock and
Irrigation, GAD (for Dala Township where 100% of PAPs resides), YCDC, Regional Government of
Yangon. The Committee Sessions were chaired by the Deputy Minster of MOC. Commissioners of the
LCRCC are listed as follows:
Table 3.3. 1 The list of Commissioners of the LCRCC
Sr. Name Designation Position

Deputy Minister
1. Dr. Win Myint Chairman
Ministry of Construction
Planning and Finance Minister,
2. U Than Myint Deputy Chairman
Yangon Regional Government
3. U Kyaw Soe Secretary, Yangon City Development Committee Member
Deputy Director General,
4. U Myint Zaw Member
Department of Building
5. U Khin Mg Kyaw Member
Department of Highway
6. U Khin Mg Swe Member
Department of Bridge
Chief Engineer
7. U Soe Min Member
Department of Bridge
Director,
8. U Myat Ko Ko Member
Yangon Region, Department of Highway
District Administrator,
9. U Kyaw Win Oo Yangon South District, Member
General Administration Department
Township Administrator,
10. U Ye Win Dala Township, Member
General Administration Department
11. U Kaung Kaung Cho Deputy Director, Department of Bridge Member
Assistant Director, Yangon South District,
12. U Khin Soe Secretary
Ministry of Agriculture, Livestock & Irrigation
13. U Saw Min Staff Officer, Dala Township Department of Highway Joint Secretary
14. U Tin Oo Director, Department of Bridge

Assistant Director, Yangon South District,
15. U Kyaw Phone Lwin
Department of Highway
Source: MOC RAP, March 2016
Table 3.3. 2 The list of Sub-Committee of the LCRCC
For details of the compensation scheme and implementation plan, as presented by MOC in the form of (an Abbreivated
Resettlement Action Plan (RAP)), see Chapter 6 of this Report.
3-26
3-27
Formatted: Left, Space After: 0 pt
Source: MOC RAP, March 2016
3.4 Projects Environmental and Social Standards

3.4.1 Environmental Standards
With the promogulation of the EIA Procedure in 29th December 2015, the National Environmental
Quality (Emissions) Guidelines were also enacted. These Guidelines provide the basis for regulation and
control of noise and air emissions and effluent discharges from projects in order to prevent pollution and
protect the environment and public health. A summary of Myanmar national environmental standards
for Roads which guideline applies to construction, operation and maintenance of large, sealed road
projects including associated bridges and overpasses and Environmental, health, and safety guidelines for
toll roads 2007, International Finance Corporation (IFC). Those are relevant to the Project (Road
Construction) for effluent discharges, air emission, noise emission and odor are shown in below.
The appropriate international convention/protocol/treaty where applicable:
IFC Environmental Health and Safety (EHS) Guidelines, 2007
IFC Guidelines on Wastewater and Ambient Water Quality, 2007
IFC Environmental, Health, and Safety Guidelines for Tool Roads, 2007
IFC Resettlement Action Plan, 2002
Kyoto Protocol , 2005
Vienna Convention for the Protection of the Ozone Layer 1988 and Montreal Protocol on Substances
that Deplete the Ozone Layer, 1989
Convention on the Conservation of Migratory Species of Wild Animals (Bonn Convention) (CMS)
Convention on Biological Diversity, 1992
Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their
Disposal, 1992
United Nations Framework Convention on Climate Change, 1992 (UNFCCC)
Kyoto Protocol, 1997
Asia Least Cost Greenhouse Gas (GHG) Abatement Strategy, 1998
United Nations Agenda 21, 1992
Vibration Standards for Environment of International Standard Organization
(ISO) criterion of international level
WHO EHS guideline, 2008
Table 3.4. 1 Comparison of Safeguard Policy of International Banks
World Bank Group ADB Korea Exim Bank
Environmental, health, and safety guidelines for toll roads. 2007. International Finance Corporation, World Bank Group.
3-28
World Bank Group ADB Korea Exim Bank
Environmental Assessment, (OP 4.01) Policy Principles on EDCF Safeguard Policy

Natural Habitats, (OP 4.04) Environment (2016)
Pest Management, (OP 4.09) Involuntary Resettlement (Source: EDCF
Indigenous People, (OP 4.10) Indigenous Peoples Safeguard Policy (2016),
Physical Cultural Resources, (OP 4.11) (Source: ADB Environmental www.edcfkorea.go.kr)
Involuntary resettlement, (OP 4.12) and Social Policy Statement
(Source: Safeguard policy (2012), (2009),
http://web.worldbank.org/) http://www.adb.org)
In addition, the ESIA of this project also complies with the EDCF Safeguard Policy
3.4.1.1 Wastewater
The proposed project type where Road/ Bridge construction guidelines for wastewater are not set out for
all parameter in Myanmar EIA Guidelines, the general guideline values of National Emission standards
with international guidelines can be applied for the construction phase of proposed project, covering
storm water or surface water, and sanitary wastewater discharges if batching plant and cruch plant are
constructed.
Table 3.4.2 Effluent Levels of Wastewater, Storm Water Runoff, Effluent and Sanitary Discharges
Maximum Concentration
No. Parameter Unit
National a IFC b WHO c
1 pH S.U.a 6-9 69 -
2 Turbidity NTU - - 10
Micro
3 Conductivity - - 1500
S/cm
Total suspended
4 mg/l 50 50 -
solids
5 Dissolved Solids mg/l 2000 - -
6 Temperature C <3 degree - <3
7 Fluoride (F) mg/l 20 - 1.5
ppm/pp DW (0.010 ppm/10
8 Arsenic (As) 0.1 ppm/ 100 ppb
b ppb)
9 Ammonia (NH3) mg/l 10 - 10
Dissolved River ( 6.0)
10 mg/l - -
Oxygen (DO) Lake ( 5.0)
Chemical oxygen
11 mg/l 125 125 -
demand (COD)
Biological
12 oxygen mg/l 30 30 -
demand(BOD)
13 Zinc (Zn) mg/l - - 3
14 Copper(Cu) mg/l 0.5 - 0.01
15 Lead (Pb) mg/l 0.1 - 0.2
EDCF Safeguard Policy (2016), www.edcfkorea.go.kr

3-29
No. Parameter Unit
National a IFC b
WHO c
16 Nickel mg/l 1.5 - 0.02
17 Chromium (Cr) mg/l 0.5 - 0.05
18 Total Nitrogen mg/l 10 10 -
19 Oil and grease mg/l 10 10 -
20 Sulfide mg/l 1 - -
21 Aluminum mg/l - - 0.2
22 Silver mg/l 0.5 - -
23 Cyanide (total) mg/l 1 - 0.07
Total coliform MPNb
24 400 400a -
bacteria /100 ml
25 Mercury g/l - - -
26 Phenol mg/l 0.5 - -
27 Cadmium mg/l 0.1 - -
28 Selenium as Se mg/l 0.1 - -
Chromium (VI)
29 mg/l 0.05 - -
as Cr6+
30 Tin as Sn mg/l 2 - -
31 Total phosphorus mg/l 2 2 -
Source: a National Environmental Quality (Emissions) Guidelines (2015)
b General EHS Guidelines: Environmental Wastewater and Ambient water quality (2007)
c Guidelines for Drinking-water Quality, WTO
3.4.1.2 Air Emissions

The proposed project with significant sources of air emissions, and potential for significant impacts to
ambient air quality, will be prevent or minimize impacts by ensuring that:
Emissions do not result in concentrations that reach or exceed national ambient quality guidelines and Formatted: Font: (Default) Times New Roman
standards, or in their absence current World Health Organization (WHO) Air Quality Guidelines for the Formatted: Font: (Default) Times New Roman, Italic
most common pollutants as summarized below; and Formatted: Font: (Default) Times New Roman
Emissions do not contribute a significant portion to the attainment of relevant ambient air quality
guidelines or standards (i.e. not exceeding 25 percent of the applicable air quality standards) to allow
additional, future sustainable development in the same air shed.
Infrastructure-specific guidelines summarized hereinafter are applied by proposed project to ensure that
air emissions conform to good industry practice. Reference is made to WHOs Air Quality Guidelines for
Europe for air pollutants not included in the following table 3.4.3.
Table 3.4.3 The standard of Ambient air quality concentration
No. Parameter Unit Formatted Table
National Average Period
1 Carbon monoxide mg/Nm3a 100 24-hour
2 Nitrogen oxides mg/Nm3 50 24-hour
Air quality guidelines global update. 2005. World Health Organization.
Air quality guidelines for Europe. 1997. WHO regional publications, European series No. 23. World Health Organization.
3-30
No. Parameter Unit Formatted Table
National Average Period
1 year
3 Nitrogen dioxides mg/Nm3 40/200
1 hour
4 Sulfur dioxide g/m3 20/500 24-hour /10-minute
5 Nitrogen dioxide g/m3 40/200 1 year/1 hour
6 Ozone g/m3 100 8-hour daily maximum
7 Particulate matter PM10a g/m3 20/50 1-year /24-hour
8 Particulate matter PM10a g/m3 10/25 1-year/ 24-hour
Note: a Particulate matter 10 micrometers or less in diameter
b Particulate matter 2.5 micrometers or less in diameter
Source: National Environmental Quality (Emissions) Guidelines (2015), WHOs Air Quality Guidelines
The air quality sampling survey used the HAZ-SCANNER (EPAS) Environmental Perimeter Air
Monitoring System. The EPAS, manufactured by EDC/SKC (USA), is a light scattering photometer
equipped with a filter sampling system. This dual capability allows for simultaneous real-time and filter
measurement. Single-jet impactors were used for particulate size selection and the PM10 and PM2.5
impactors were used for this air quality survey. The highly sensitive EPAS provides real-time
determinations and data recordings of airborne particle concentration in ug/m3. It provides the minimum,
maximum and time-weighted average (TWA) monitoring of gases as well. This instrument is factory
calibrated with the appropriate USEPA certified target gas and correlated with USEPA methods. (Ref:
Code of Federal Regulation 40CFR part 53).
Sampling time: The sampling surveyed 24hr continuously at site.
Ambient air parameters: Ambient air sampling survey mainly focused on the USEPA Criteria air
pollutants, which can affect the human health and environment.
1) Particulates: PM10, PM2.5
2) Gases: NO2, SO2, CO, CO2,
3) Meteorology: Temperature, Relative Humidity, which can have the influence on both local and
regional air quality
Particulates: (sensor: 90 degree Infra Red Light Scattering) Calibration: Gravimetric reference NIST
Traceable - SAE fine dust- ISO12103-1 Accuracy ( 10% to filter gravimetric SAE fine test dust which
falls under the ACGIH/ ISO/CEN criteria. Detection limit 1- 20,000ug/m3 )
Gases: (sensor: electrochemical) Calibration: ppm equivalent change/year in lab air (24month warranted)
NO2, Detection limit (0-5000) ppb
SO2 Detection limit (0-5000)ppb
CO Detection limit (0-100)ppb
CO2 Detection limit (0-5000)ppm
Meteorology:
Temperature Detection limit - (-4 to 140F)/ (-20- 60C)

Relative Humidity Detection limit 90-100%
Wind Speed (sensor: 3-cup anemometer) Detection limit - (0 125mph)
Wind Direction (sensor: continuous rotation on potentiometric wind
direction vane) Detection limit - (5 355deg
Supply Voltage- between (10V-12V)
3-31
3.4.1.3 Noise Levels
Noise prevention and mitigation measures are taken by proposed project where measured noise impacts
from the project area. If the noise impacts is not exceed the levels shown below, or result in a maximum
increase in background levels of three decibels at the nearest receptor location off-site.
Table 3.4.4 Noise Emission Levels (Standards)
National Standards: One Hour LAeq (dBA)a

Formatted Table
Receptor Daytime (07:00 - 22:00) Nighttime (22:00 - 07:00)
(10:00 - 22:00 for Public (2:00 - 10:00 for Public
holidays) holidays)
Residential, institutional, educational 55 45
Industrial, commercial 70 70
Note: a Equivalent continuous sound level in decibels
Source: National Environmental Quality (Emissions) Guidelines (2015)
3.4.1.4 Vibration
There's no environmental standard of vibration in Myanmar. The Vibration Standards for Environment of
International Standard Organization (ISO) criterion of international level and WHO Guidelines are
required to apply in this study as follow:
Table 3.4.5 Vibration Levels (Standards)
Category of area Day Night Formatted Table
Sanitary facility (Hospital) 51 dB(V) 51 dB(V)

Residential area (House) 57 dB(V) 54 dB(V)
Business area (Office) 63 dB(V) 63 dB(V)
Industrial area (Factory) 69 dB(V) 63 dB(V)
Source: ISO
3.4.2 Social Standards
3.4.2.1 Environmental and Social Framework of World Bank (2014) Formatted: Font: Bold
ESS1. Assessment and Management of Environmental and Social Risks and Impacts;
1) Social risks and impacts, including: (i) threats to human security through the escalation of
personal, communal or inter-state conflict, crime or violence; (ii) risks that project impacts fall
disproportionately on disadvantaged or vulnerable groups;) any prejudice or discrimination
toward individuals or groups in providing access to development resources and project benefits,
particularly in the case of disadvantaged or vulnerable groups; (iv) negative economic and social
impacts relating to the involuntary taking of land or restriction on access to natural resources; (v)
risks or impacts associated with land and natural resource tenure and use, including (as relevant)
potential project impacts on local land use patterns and tenurial arrangements, land access and
availability, food security and land values, and any corresponding risks related to conflict or
contestation over land and natural resources; (vi) impacts on the health, safety and well-being of
workers and project- affected communities; and (vii) risks to cultural heritage.
2) Disclose appropriate information and undertake stakeholder engagement in accordance with
ESS10;
3-32
3) Grievance Redress and Accountability: grievance mechanism, process, or procedure to receive
and facilitate resolution of stakeholders concerns and grievances arising in connection with the
project, in particular about the environmental and social performance.
4) Develop and implement an Environmental and Social Commitment Plan (ESCP); and
5) Conduct monitoring and reporting on the environmental and social performance of the project
against the Environmental and Social Standards (ESSs).
Formatted: Indent: Left: 0.44", No bullets or numbering
3.4.2.2 WB Operational Procedure 4.12 (on Involuntary Resettlement)l WB OP 4.10 (on Formatted: Font: (Default) Times New Roman, Bold
Indigenous Peoples, if applicable) and WB OP 4.11 (on Physical Cultural Resources)
ESF of the World Bank will be effective from 2018. As of today, the equivalent standards for social Formatted: Font: Not Bold
impact assessment include: The proposed project will take into consideration all the three procedural Formatted: Font: (Default) Times New Roman
guidelines.
5)3.4.2.3 WBG EHS Guidelines Formatted: Font: Bold

6) Formatted: Outline numbered + Level: 4 + Numbering
Style: 1, 2, 3, + Start at: 1 + Alignment: Left + Aligned
3.4.2.33.4.2.4 IFC Performance Standard 1 - Social and Environmental Assessment and
at: 0" + Indent at: 0.5"
Management Systems
Formatted: Font: (Default) Times New Roman, Bold,
(Asian) Korean
Social and environmental management plan (SEMP): including resources, roles and responsibilities
Formatted: Font: Bold, (Asian) Korean
required to manage biodiversity impacts and implement mitigation measures to link between the S&EA
and the Social and Environmental Management System.
3.4.2.5 International Association for Impact Assessment (IAIA); Social Impact Assessment (2015) Formatted: Font: Bold, (Asian) Korean
Resettlement Policy Framework (RPF): developing that outlines the projects policy and Formatted: Font: (Default) Times New Roman, Bold,
(Asian) Korean
general procedures about how land acquisition, resettlement, compensation and livelihood
restoration and enhancement will be undertaken. Formatted: List Paragraph, Outline numbered + Level: 4 +
Numbering Style: 1, 2, 3, + Start at: 1 + Alignment: Left
Resettlement Action Plan (RAP): developing that fully details the operational process of + Aligned at: 0" + Indent at: 0.5"
enacting the resettlement.
3.4.2.6 In addition, the ESIA of this project also complies with theEDCF Safeguard Policy. Formatted: Font: Bold
Funded by the EDCF of the Government of the Republic of Korea, the proposed project shall comply Formatted: Font: Not Bold
with the social safeguards of the EDCF Safeguard Policy.
https://www.edcfkorea.go.kr/site/homepage/menu/viewMenu?menuid=005001006003
3-33
3.5 Health Standards for Projects with Health Impacts
Health impact framework is based on an analysis performed and published by the World Bank (Listorti,
1996: Listorti and Doumani, 2001), IPIECA and IFC HIA guidelines in this study which demonstrated
that an almost 50% improvement in major health outcomes could be achieved by improvements in four
sectors: (i) housing and urban development; (ii) water, food and sanitation; (iii) transportation; and (iv)
communication. The Health Impact Assessment has 6 phases as shown in Figure 3.5.1 and this study is
based on potential baseline health information collected by related townships regional health data of
Ministry of health, National Cencus (2014) and household and water survey.
Source: Winkler; et al. EIA Review 2010

Figure 3.5.1 phases of HIA
The environmental health areas (EHAs) frameworks are considered in -
Health system issue: Physical health infrastructure (e.g., capacity, equipment, staffing levels and Formatted: Font: Bold
competencles, furure development plans); programme management delivery systems (eg., malaria,
TB, HIV/AIDS-inititative, maternal and child health, etc.)
3-34
Communicable diseases: Transmission of Communicable diseases (e.g. acute respiratory Formatted: Font: Bold
infections, pneumoria, tuberculosis, meningitis, plaque, leprosy, etc.) that can be lined to housing
design, overcrowding and housing inflation.
Vactoe-related diseases: Mosquito, fly, tick and lice-related diseases (e.g. malaria, dengue, yellow Formatted: Font: Bold
fever, lymphatic filariasis, leishaniasis, onchocerciasis, etc.)
Soil-, water- and waste related diseases: Diseases that are transmitted directly or indirectly Formatted: Font: Bold
through contaminated water, soil or non-hazardous waste (e.g. diarrhoeal diseases, schistosomiasis,
hepatitis A and E, poliomyelitis, soil-transmitted heminthiases, etc.)
Sexually transmitted infections, including HIV/AIDA: Sexually transmitted infections such as Formatted: Font: Bold
syphilis, gonorrhea, Chlamydia, hepatitis B and, most importantly, HIV/AIDS.
Effluent and air emission levels of Myanmar National Environmental Quality (Emissions) Formatted: Font: Bold
Guidelines (2015) for health concerned and its areas of health impacts are shown in following
Tables to access the health impacts in this study.
Table 3.5.1 Effluent levels with health impacts

Guideline
No. Parameter Unit Health Impact
Value
Biochemical
Negative effect on the fish and other aquatic life
1 oxygen mg/l 50
Fish kills, an invasion and growth
demand
Respiratory system damage

Cardiovascular Effects
Renal Effects
Diarrhea, stomach pains and severe vomiting
Bone fracture
Reproductive failure and developmental Effects
2 Cadmium mg/l 0.05 (Birth defects, placental damage and fetal death).
Damage to the central nervous system
Damage to the immune system
Psychological disorders
Possibly DNA damage or cancer development
Other Effects (like back pain, glycosuria, proteinuria, mild
anemia, anosmia and yellowing discoloration of teeth)
Chemical
Dermatitis (inflammation of the skin)
oxygen
3 mg/l 250 Skin diseases or
demand
Other water borne diseases
Chlorine Cancer (if long-term drinking of chlorinated water)
4 (total mg/l 0.2 Irritation the skin, the eyes,
residual) Adverse effect on the human respiratory system
Gastrointestinal disorders,
Hemorrhagic diathesis, and
Convulsions (a sudden, violent, irregular movement
Chromium
5 mg/l 0.5 of a limb or of the body, caused by involuntary
(total)
contraction of muscles and associated especially
with brain disorders)
Death may occur following cardiovascular shock.
3-35
Guideline
Value
Neurological effect
Cardiovascular
Seizures
Hearing loss mild mental retardation,
Reproductive problems (miscarriages)
6 Lead mg/l 0.1
Nervous system
Reducing growth of the fetus and premature birth
Other impacts due to low lead concentration in blood
(learning problems, lower intelligence quotient (IQ),
hyperactivity, slowed growth, hearing problems and anemia)
Neurological and chromosomal problems
Long-term exposure to organic mercury can cause:
(uncontrollable shaking or tremor, numbness or pain
in certain parts of the skin, blindness and double
7 Mercury mg/l 0.01 vision, inability to walk well, memory problems,
seizures and death with large exposures)
Reproductive problems consequences (having a baby
with deformities), and miscarriage
Nervous system diseases
Human health problems (liver, kidneys and blood to
increasing the risk of cancer)
Gastrointestinal effects (stomach pain, constipation,
anorexia)
Oil and Hematological Effects
8 mg/l 15
grease Hepatic Effects
Dermal Effects (Skin irritation)
Ocular Effects (Eye irritation)
Low levels of oil pollution can reduce aquatic
organisms ability to reproduce and survive.
pH >11 can cause skin, eye and mucous membrane

irritation.
9 pH S.U.a 6-9 pH < 4 also cause irritation due to the corrosive
effects of low pH levels.
pH levels can worsen existing skin conditions.
3-36
Guideline
Value
Acute Exposure
Ingestion, gastrointestinal tract irritation and pain,
pale and sweaty skin, constricted or dilated pupils,
cyanosis, excitation, unconsciousness,
cardiovascular and respiratory effects, respiratory
failure and death
Wheezing, respiratory tract irritation, anorexia,
weight loss, headache, vertigo, salivation and dark
urine
Inflammation, blanching, discoloration of the skin,
10 Phenols mg/l 0.5 erythema, corrosion, necrosis and burns which may
be painless.
Chronic Exposure
Weight loss, muscle weakness and liver effects
Mouth sores, gastrointestinal tract irritation,
cardiovascular, Central nervous system (CNS) and
respiratory effects and decreased body weight
Ochronosis (yellowish (ocher-like) discoloration of
the tissue), skin irritation, skin eruption,
inflammation and necrosis
Carcinogenicity to humans
Polychlorinate Effects in animals
d Toxicological effects, Carcinogenic effects, Critical
11 dibenzodioxin ngb/l 0.1 organs, tissues and effects
and Effects in humans
dibenzofuran Toxicological effects and Carcinogenic effects
Temperature affects the dissolved oxygen level in
the water, photosynthesis of aquatic plants,
metabolic rates of aquatic organisms, and the
Temperatur sensitivity of these organisms to pollution, parasites
12 C <3c
e increase and disease.
Low dissolved oxygen levels leave aquatic
organisms in a weakened physical state and more
vulnerable to disease, parasites, and other pollutants.
Total Some waterborne pathogenic diseases
100
13 coliform 400 Typhoid fever, Viral Diarrhea, Bacterial
ml
bacteria gastroenteritis and Hepatitis A
Source: National Environmental Quality (Emissions) Guidelines (2015)
Table 3.5.2 Air Emission with health impacts

Guideline
No. Parameter Unit Health Impact Formatted Table
Value
Arsenic
Cancer of the skin, lungs, liver and bladder.
Nausea, vomiting, decreased production of red
Arsenic,
and white blood cells, abnormal heart rhythm,
Lead,
mg/Nm3 damage to blood vessels, and sensation in hands
1 Copper, a 0.5
and feet
Chromium,
Ingestion of very high levels can possibly result
Nickel
in death
Darkening of the skin
Lead
3-37
Guideline
Value
Damage the brain and kidneys and ultimately
cause death
In pregnant women, high levels of exposure to
lead may cause miscarriage.
High level exposure in men can damage the
organs responsible for sperm production.
Copper
Irritation of the nose, mouth and eyes and it
causes headaches, stomachaches, dizziness,
vomiting and diarrhea
Intentionally high uptakes of copper may cause
liver and kidney damage and even death
Hepatic cirrhosis, brain damage, demyelization,
renal diseases and cornea problem
Chromium
Gastrointestinal disorders
Hemorrhagic (bleeding) diathesis and
convulsions
Death may occur following cardiovascular shock.
Nickel
Higher chances of development of lung cancer,
nose cancer, larynx cancer and prostate cancer
Sickness and dizziness after exposure to nickel
gas
Lung embolism, respiratory failure, birth defects,
asthma and chronic bronchitis
Allergic reactions such as skin rashes, mainly
from jewelry and heart disorders
Cadmium
Irritation of the lungs, gastrointestinal tract,
kidney damage and abnormalities of skeletal
system.
Thallium
Thallium can affect your nervous system, lung,
Cadmium +
2 mg/Nm3 0.05 heart, liver, and kidney if large amounts are eaten
Thallium
or drunk for short periods.
Temporary hair loss, tiredness, headaches,
depressions, lack of appetite, leg pains vomiting,
disturbances of the sight and diarrhea can also
occur and death may result after exposure to large
amounts of thallium for short periods.
Breathing CO can cause headache, dizziness,
vomiting, and nausea.
High level of CO may become unconscious or
Carbon die.
3 mg/Nm3 50
monoxide Exposure to moderate and high levels of CO over
long periods has also been linked with increased
risk of heart disease.
Long-term health problems
3-38
Guideline
Value
Skin, or eye contact problem
Toxic and corrosive
Short-term inhalation of HCL causes irritation of
the airways, coughing, chest tightness and
Hydrogen shortness of breath.
4 chloride mg/Nm3 10 Long-term inhalation causes lung damage.
(HCL) Ingestion causes burns to the mouth and stomach,
and sickness. Skin or eye exposure causes
irritation, pain, redness and swelling.
Prolonged low level ingestion results in tooth
erosion.
Acute Exposure
Respiratory, dermal, ocular, gastrointestinal,
Hydrogen electrolyte and potential sequelae
5 mg/Nm3 1
fluoride Chronic Exposure
Carcinogenicity, reproductive and developmental
effects
Damage to nervous system
Exposure to high levels can permanently damage
the brain, peripheral nervous systems, digestive
and immune systems, lungs, kidneys, and
developing fetuses.
Effects on brain functioning may result in
6 Mercury mg/Nm3 0.5 irritability, neuromuscular effects, headaches,
shyness, tremors, changes in vision or hearing,
and memory problems.
Short-term exposure to high levels of metallic
mercury vapors may cause lung damage, nausea,
vomiting, diarrhea, increases in blood pressure or
heart rate, skin rashes, and eye irritation.
Effect on respiratory illness
Causing inflammation
Nitrogen Longterm exposure can decrease lung function,
7 oxides mg/Nm3 200-400b increase the risk of respiratory conditions and
(NOx) increases the response to allergens.
Reduced plant growth
Formation of acid rain
Polychlorinate Effects in human
d Toxicological effects and carcinogenic effects
ng/Nm3
8 dibenzodioxin c 0.1
TEQd
and
dibenzofuran
Site injury
Reduced visibility
Deterioration of metals, textiles, leather, finishes
and coatings
Sulfur
9 mg/Nm3 50 Aggravation of respiratory diseases (asthma,
dioxide
emphysema)
Irritation of the nose, throat, and airways to cause
coughing, wheezing, shortness of breath, or a
tight feeling around the chest
3-39
Guideline
Value
Adverse health effects
Total Liver or kidney problems
3
10 organic mg/Nm 10 Nervous system effects
carbon Increased risk of getting cancer
A major cause of reduced visibility
Premature death in people with heart or lung
Total
3 disease, nonfatal heart attacks, irregular heartbeat,
11 particulate mg/Nm 10
aggravated asthma, decreased lung function, and
matter
increased respiratory symptoms, such as irritation
of the airways, coughing or difficulty breathing.
Note: a Milligrams per normal cubic meter at specified temperature and pressure
b 200 mg/m3 for new plants or for existing plants with a nominal capacity exceeding 6 tons per
hour, 400 mg/m3 for existing incinerators with a nominal capacity of 6 tons per hour or less
c Nanograms per normal cubic meter at specified temperature and pressure
d Toxicity equivalence factor
Source: National Environmental Quality (Emissions) Guidelines (2015) and In terms of vibration, WHO
EHS guideline provides the criterion of Occupational health and safety , which is limited to
apply in case of worker's using equipment.
Table 3.5.3 Vibration Standards for Occupational Health And Safety
Total Daily Exposure Values which shall not be exceeded Formatted Table
Duration' m/s2 g
4 hours and less than 8 4 0.4
2 hours and less than 4 6 0.61
1 hour and less than 2 8 0.81
Less than 1 hour 12 1.22
Source: WHO EHS guideline
The IFC PS 4 recognizes that project activities, equipment and infrastructure can increase community
exposure to risks and impacts. In addition, communities that are already subjected to impacts from
climate change may also experience an acceleration and/or intensification of impacts due to project
activities. While acknowledging the public authorities role in promoting the health, safety and security
of the public, this PS addresses the project proponents responsibility to avoid or minimize the risks and
impacts to community health, safety, and security that may arise from project related-activities, with
particular attention to vulnerable groups. The management of potential impacts and the mitigation
measures has been developed to achieve the objectives of IFC PS 4, as applicable to the environmental
and social setting of the Project.
Ministry of Construction has already issued Guidelines on Minimum Health & Safety Standards for
Major Works and its compliance during the implementation of the Project is mandatory. An important
preventive measure that the guideline covers is that all workers and supervisors working at the Project
Site must have received health and safety training.
3-40

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CHAPTER 3 POLICY, LEGAL AND INSTITUTIONAL FRAMEWORK

3.2.1 Environmental Policies Formatted: Outline numbered + Level: 3 + Numbering

3.2.1.2 The Environmental Conservation Law (2012)

3.2.1.2 Environmental Conservation Rules (2014)

Year of accession/ Formatted: Font: (Default) Times New Roman, 11 pt,

Purchase/acquisition of immovable property; Formatted: Font: (Default) Times New Roman

3.2.2.7 Farmland Law (2012) Formatted: Heading 4, Left, No bullets or numbering

Towns Act, 1870; Formatted: Font: (Default) Times New Roman

Table 3.2.3 Legal frameworks on environmental and social considerations in Myanmar

No Law/Regulation Year issued Key Content

Biodiversity and Natural Conservation Formatted Table

Implementation of forest policy and

Land Acquisition and Resettlement Formatted Table

Pollution Control and Occupational Health Formatted Table

3.2.3 EDCF Safeguard Policy and Gap Analysis

[EDCF Safeguard Policy/ Para 43] - No mention of meaningful

[EDCF Safeguard Policy/ Para 44] - No mention of gender

No significant gap is identified.

3.2.4 EIA Study and Report Preparation

3.3 Institutional Framework

3.3.3 Land Compensation & Resettlement Coordination Committee (LCRCC)

Sr. Name Designation Position

14. U Tin Oo Director, Department of Bridge

Table 3.3. 2 The list of Sub-Committee of the LCRCC

3.4 Projects Environmental and Social Standards

Table 3.4. 1 Comparison of Safeguard Policy of International Banks

World Bank Group ADB Korea Exim Bank

Environmental Assessment, (OP 4.01) Policy Principles on EDCF Safeguard Policy

EDCF Safeguard Policy (2016), www.edcfkorea.go.kr

3.4.1.2 Air Emissions

Table 3.4.3 The standard of Ambient air quality concentration

Air quality guidelines global update. 2005. World Health Organization.

Temperature Detection limit - (-4 to 140F)/ (-20- 60C)

National Standards: One Hour LAeq (dBA)a

Sanitary facility (Hospital) 51 dB(V) 51 dB(V)

5)3.4.2.3 WBG EHS Guidelines Formatted: Font: Bold

Source: Winkler; et al. EIA Review 2010

Table 3.5.1 Effluent levels with health impacts

Respiratory system damage

pH >11 can cause skin, eye and mucous membrane

Table 3.5.2 Air Emission with health impacts

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