Kingdom
of Cambodia
Nation
Religion King
Royal
Government of
Cambodia
No.
57ANK/BK
Anukret
on
the organization and functioning of the Ministry of Environment
-
Referring to the Constitution of the Kingdom of Cambodia;
-
Referring to Reach Kret of September 24, 1993 on the Appointment of the First Prime Minister and the Second Prime Minister of the Royal Government of Cambodia;
-
Referring to Reach Kret of November 1, 1993 on the formation of the Royal Government of Cambodia;
-
Referring to Reach Kret of November 1, 1993 on the Establishment of the Natural Protected Areas;
-
Referring to Reach Kram No. 02/NS/RKM/94 of July 20, 1994 promulgating the Law on the Organization and Functioning of the Council of Ministers;
-
Referring to Reach Krets No. NS/RKT/1094/83 of October 24, 1994 and No. NS/RKT/1094/90 of October 31, 1994 on the Reorganization of the Composition of the Royal Government of Cambodia;
-
Referring to Reach Kram No. NS/RKM/0196/21 of January 24, 1996 promulgating the Law on the Establishment of the Ministry of Environment;
-
Referring to Reach Kram No. NS/RKM/1296/36 of December 24, 1996 promulgating the Law on Environmental Protection and Natural Resources Management;
-
Referring to Anukret No.20/ANK/BK of April 13, 1996 on the Organization and Functioning of Ministries and State Secretariats;
-
Pursuant to the Proposal of the Minister of Environment;
-
Pursuant to the approval of the Council of Ministers of September 4, 1997.
Chapter
1
General
Provisions
Article 1:The organization
and functioning of the Ministry of Environment, its general departments
and other departments shall be determined by this Anu-kret.
Missions and Structure
Article 2:
Article 3:
-
developing environmental policies for the sustainable
development of
the country and to implement the National and
Regional
Environmental Action Plans
in collaboration with other concerned ministries;
- preparing and implementing
environmental legal instruments to ensure sustainable development;
- undertaking
Environmental Impact Assessments for all
proposed and on-going projects and activities, both public and
private
and preparing implementing
procedures for
the EIA review process;
- advising relevant ministries on the
sustainable preservation,
development and management of natural resources
including land, water,
air, geology, ecology, mines, energy, oil and gas, stones and sand,
gems, timber and
non-timber forest products, wildlife, and fishery resources;
-
administering the Natural Protected
Areas
systems in
collaboration with the concerned ministries pursuant
to Reach
Kret
on the Establishment
and Designation of Natural Protected Areas of November 1, 1993 and proposing new
reas
to be included in the system;
- taking
stock of source, nature,
and amount of pollutants such asliquid and solid waste, pollution and
hazardous
elements,
smoke, noise and vibration and taking measures
to prevent, reduce and control the environmental ollution
in
collaboration with concerned ministries;
- preparing inspection procedures on
pollution sources, reporting
such offenses to competent institutions in
collaboration with the
concerned ministries
and enforcing
provisional fines
and other provisions as stated in Chapter 9
of the Law on Environmental
Protection and Natural Resources Management
- collecting, analyzing,
and managing environmental data and preparing annual reports on the
environmental situation
in Cambodia; providing information related
to activities of environmental protection, natural resource management
nd
environmental situation to the public and encouraging them to
participate in the process;
-
preparing and conducting environmental
awareness programs at all levels, including local communities, in
collaboration with concerned ministries, and national and international organizations;
-
initiating and preparing proposals
to the Royal Government to
enter into and
implement international agreements,
conventions
and memoranda
of understanding
related to Environmental Protections;
- promoting incentives for investment
projects which promote environmental protection and nature conservation;
- cooperating with national and
international organizations, non-governmental organizations, local
communities and
other countries
to ensure environmental protection in the Kingdom of Cambodia.
Article 4:
structure:
A. At
the Central level:
- Technical General
Department;
- Planning and Legal
Affairs Department;
- Protection and
Natural Conservation Department;
- Environmental
Pollution Control Department;
- Natural Resources
Assessment and Environmental Data Management Department;
- Environmental
Education, Information and Promotion Department;
- Environmental
Impact Assessment Monitoring Department;
-
General
Inspection rate:
- Administrative and Financial Department ;
- Cabinet
of the Minister
B. Local
Institutions:
- Provincial and Municipality Environmental Offices.
Chapter 3
Technical General Department
Article 5:
The
Technical General Department shall consist of 6 departments as follows:
- Planning and Legal
Affairs Department;
- Protection and
Natural Conservation Department;
- Environmental
Pollution Control Department;
- Natural Resources
Assessment and Environmental Data Management Department;
- Environmental
Education, Information and Promotion Department;
- Environmental
Impact Assessment Monitoring Department;
Article 6:
-
prepare and
implement environmental legal instruments on environmental protection
and natural resources
management;
- cooperate, review
and advise on the
preparation of
legal instruments by other institutions relating to the mission
of
the Ministry;
- advise on legal
aspects to the senior officials of
the Ministry and competent departments
on the carrying
out their
mandate as stated in the Law
on Environmental Protection and Natural resources Management;
- prepare
policies
on environmental conservation
and natural resources uses in sustainable and consistent
manner in
collaboration with other concerned ministries;
-
prepare strategic
plans and works
plans and monitor the
Ministry’s achievements ;
-
collaborate with
the Administrative
and Financial Department
in the
preparation of the annual
budget and the
allocation of funds to
establishments under the jurisdiction of the Ministry and submit their
recommendations to
the Minister;
- coordinate
activities related
to bilateral and multilateral aid projects undertaken
with
the Ministry of Environment to
ensure
that they meet
the objectives, policies
and priorities of the Ministry;
-
conduct
international cooperation;
- coordinate and
prepare
monthly, quarterly
and annual reports
of the departments
and provincial and municipality
environmental offices;
Article 7:
- fulfill its
obligations under
international agreements, conventions,
and memoranda
of understanding related to natural
conservation
and natural protected areas;
- prepare and implement policies
related to the
management of national parks , wildlife sanctuaries, natural
protected
areas
and multiple use management areas in
collaboration with concerned ministries pursuant
to Reach Kre on the
Establishment
and Designation of Natural Protected Areas of November 1, 1993 and
propose new areas to be
included in the system;
- cooperate, consult and advise concerned
ministries on the protection
and conservation of valuable ecological
systems
such as:
wetlands, watersheds and coastal areas located inside
and outside of the natural protected
areas;
- promote incentives for
the participation of local communities, public, concerned
establishments, national and
international organizations and
non-governmental organizations in the management and conservation of the natural
resources
of the Kingdom of Cambodia;
- prepare and implement Anu-kret
and other
legal instruments to manage the activities in natural
protected areas;
- impose provisional
fines and other provisions as stated in Chapter 9 of the Law on Environmental
Protection and
Natural Resources Management;
Article 8:
- fulfill its
obligations
under international agreements, conventions
and memoranda
of understanding
on the
Environmental quality protection;
- take
stock of sources, nature amounts
of solid and liquid waste, pollution and hazardous elements, smoke,
noise
and vibration;
- prepare and
implement Anukret and
other legal instruments to protect the environmental quality and to
control
environmental pollution throughout the Kingdom of Cambodia;
- investigate,
report and inform
the public on the environmental quality situation with
respect to air, land, water and
noise pollution;
- prepare procedures
for pollution
sources inspection and prepare reports
on offenses to the competent
establishments;
- conduct inspections
of pollution
sources and prepare reports
on offenses to the competent establishments in
collaboration with the
concerned ministries;
- impose provisional
fines and other provisions as stated in Chapter 9 of the Law on Environmental
Protection and
Natural Resources Management.
Article
9:
- compile, analyze,
and manage environmental data on natural resources, environmental
quality, and
concerned socio-
economic
sectors.
-
assess
situations
and changing trends
in natural resources, environmental quality
and concerned socioeconomic
sectors.
-
provide data,
and information on natural,
and socio-economic resources and environmental quality to the competent
departments and other
concerned institutions;
-
prepare annual reports on the environmental situation in the Kingdom of Cambodia and other
necessary reports for
the Royal Government to implement international
agreements, conventions
and memoranda
of understanding
on
Environmental protection.
Article 10:
- prepare and
conduct environmental educational programs
at all levels;
- compile and
announce information on environmental issues, situations,
and activities of environmental protection
through mass media and
publishing etc.
- promote activities and other strategies toward encouraging
the public
to participate in environmental quality
protection and natural resources
conservation;
- initiate and
organize various environmental workshops within the Ministry of
Environment or with other ministries
and
concerned institutions;
- prepare and
implement Anu-kret and legal instruments for public participation of and information
dissemination.
Article
11:
- review environmental impact assessments
of proposed and on-going projects and activities, both private
and public,
and advise the competent institutions;
- prepare the Anu-kret
on the EIA process of the Royal Government;
- prepare a list describing
the nature, scope of the project
and activities
that need an E;
- prepare EIA
guidelines;
- encourage
the public to participate in the EIA process
- monitor project implementation toward
the reduction
of negative environmental impact.
Chapter 4
TheGeneral
iInspectorateion
Article 12:
-
conducting regular
inspections of institutions subjected to the jurisdiction of the
Ministry of Environment;
-
reporting to the
Minister on the functioning of these institutions and providing
suggestion for their improvement;
-
performing duties
as directed by the Minister.
The General
Inspectorate shall be administered by an inspector general assisted by
deputy inspector generals as necessary.
Chapter 5
Administration and financial department
Article 13:
a.
General administration:
- coordinating
all central level departments and local institutions under the Ministry;
- administering
and dissiminating
administration documents of the Ministry;
- ensuring
effectiveness and safety of the administration;
- preparing
report on different activities of the Ministry.
b. Personnel management:
- administering
civil servants, and officials of the Ministry in collaboration with the
Secretary of State for Civil Services;
- preparing
administrative letters for staff appointment;
- preparing
professional advancement programs and human resources development of the
Ministry;
- evaluating personnel
training needs;
-
conceptionalizing
and implementing training policies in collaboration with the State
Secretariat for Civil Service;
-
preparing
statistics and production of decision making tools for personnel
management;
- to
administer
all socially related matters of the Ministry.
c. Equipment and materials management:
- gathering
requests for expenditures, preparing
expenditure plans, and managing
equipment repairs of the Ministry;
- administering
movable and immovable properties, assets, and inventories;
- administering state
garages and vehicles allocated to the Ministry as well as related
expenses such as fuel, and spare part distribution;
- receiving
and allocating
equipment to provincial and municipality entities;
- maintaining
routine slips and bookkeeping;
- computerizing financial and accounting activities;
- monitoring
on the technical operations of public procurement.
d. Accounting and Financial Management;
- preparing
Ministry expenditure plans and monitoring
their operation;
- collecting
revenues in accordance with the
Financial law;
- compiling
and reconciliation budget items;
- monitoring the
management of special accounts;
- collecting and reconciliation expenditures of the Ministry;
- administering
and implementing
bidding specifications for public procurement tenders.
Chapter 6
Cabinet of the
Minister
Article 14: The Cabinet of the Minister shall be responsible
for all missions defined by the provisions of Anu-kret No. 20/ANK/BK
of April 30, 1996 on the Organization and Functioning of Ministries and
State Secretariats.
Chapter 7
Local Institutions
Article 15:
Chapter 8
Financial
control Unit
Article 16:
Final provisions
Article 17:
Article 18:
Article 19:
Article 20:
Phnom Penh,
September 25, 1997
Signed by the First Prime Minister
Signed by the Second Prime Minister
Ung
Huot Hun
Sen
Has informed to
the First Prime Minister
and Samdech
Second Prime Minister
Dr.
Mok Mareth
Minister
Ministry of Environment