Date post: | 14-Jul-2015 |
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Environmental and Social Obligations of Investment Companies
Mr. Orlahanh BOUNGNAPHALOMDepartment of Environmental and Social Impact
Assessment (DESIA)Ministry of Natural Resources and Environment
Background• Law on Environmental
Protection (Amended), No.29/NA 2012, specifically Article 21 and 22
• Issuance of Ministerial Instruction 8029 on IEE and 8030 on ESIA
• Issuance of Ministerial Instruction 8056 on List of Projects
Duties and Responsibilities of the Company
Compliance with all relevant legislation for the protection of the natural environment and affected communities, including:• Avoidance of environmental and social impacts as
a first priority• Minimization of unavoidable impacts• Mitigation, compensation and restoration of all
unavoidable impacts• Provision of all necessary funding for impact
assessment, monitoring, compliance and restoration
Screening of Investment Projects
Direct Preparation of Environmental and
Social Management and Monitoring Plan
Insignificant impacts anticipated
Small-scale projects
Initial Environmental Examination (IEE)
Examples:
Hydropower 1-15 MW or reservoir <2 million m3
Commercial Tree Plantations 20-200 ha
Commercial agricultural plantations 20-400 ha
Environmental and Social Impact
Assessment (ESIA)
Examples:
Hydropower >15 MW
Commercial tree plantations >200 ha
Commercial agricultural plantations >400 ha
All mining operations using hazardous chemicals
The other factors that shall be taken into consideration during screening are(i) Project Location – in the Socially and Environmentally Valuable Site? and
(ii) Impact on Compensation and Resettlement?
Initial Environmental Examination (IEE) Process
1. Company prepares IEE Report and ESMMP, in
consultation with affected persons and relevant
agencies
2. Administrative review of IEE report and ESMMP by Provincial Department of Natural Resources and Environment (DONRE)
3. Technical review of IEE and ESMMP b y DONRE,
in consultation with affected persons and
relevant agencies
4. DONRE issues ECC to project company
Sends to DONRE
Approved
Approved
Revisions requested by DONRE
10 working days
40 working days
Environmental and Social Impact Assessment (ESIA) Process
1. Company prepares Terms of Reference and
Scope of Study
2. Ministry of Natural Resources and
Environment (MONRE) Reviews
3. Company prepares ESIA and ESMMP in
consultation with Project Affected Persons and other stakeholders.
4. MONRE conducts administrative review
5. Technical review of IEE and ESMMP by MONRE, in consultation with affected persons and other stakeholders, including national and
provincial meetings and site visits
6. MONRE issues ECC to company
Sends to MONRE
Approved
Approved
Sends to MONRE
Approved
Revisions requested
Revisions
Revi
sion
s
Complicated projects required to prepare separate ESMMP for the Construction Phases.
MONRE appoints a Technical Review Committee (120 days).
15 working days10 working days
95 working days
Public Involvement in the ESIA Process
• Full public disclosure of all likely or potential impacts• Ensuring community consultation in impact
assessment, monitoring, compliance and project closure
• Free prior and informed consent of all project affected persons
• Ensuring rights of communities• Ensuring grievance mechanisms are honored
Steps Forward• Revision of the Resettlement Decree (expected
2015)• Public Involvement Guidelines (expected 2015)• ESIA Law under consideration
Thank you.