Royal
Government of Cambodia
No.
72 ANK/BK
August
11, 1999
ANUKRET
on
Environmental
Impact Assessment Process
Royal
Government of Cambodia
-
Referring to the 1993 Constitution of the Kingdom of Cambodia;
-
Referring to Reach Kret No. NS/RKT/1198/72 of November 30, 1998, on the formation of the Royal Government of Cambodia;
-
Referring to Reach Kram No. 02/NS/94 of July 20, 1994, promulgating the Law on the Organization and Functioning of the Council of Ministers;
-
Referring to Reach Kram No. NS/RKM/0194/21 of
-
Referring to Reach Kram No. NS/RKM/1296/36 of December 24, 1996, promulgating the Law on Environmental Protection and Natural Resources Management;
-
Pursuant to the approval of the Council of Ministers on
IT IS HEREBY DECIDED
CHAPTER
1
GENERAL
PROVISIONS
Article
1:
The
main objectives of this Anu-kret are:
-
To determine an Environmental Impact Assessment (EIA) for every private and public project or activity The assessment shall be reviewed by the Ministry of Environment prior to submission to the Royal Government for a decision.
-
To determine the type and size of the proposed private and public project and activities, including existing and ongoing activities subject to the process of EIA.
-
To Eencourage public participation in the implementation of the EIA process and take into account input and suggestions in the process of project approval.
Arrticle
2: This
Anu-kret covers every proposed and ongoing project(s)
and activities whether of private
sector, quasi-public or state government or
ministries/institutions described in the annex of this Anu-kret, except
for special
and crucial projects approved by the Royal Government.
CHAPTER 2
INSTITUTIONAL RESPONSIBILITIES
Article
3: The
Ministry of Environment shall have the following responsibilities:
a. evaluate
and review the report of the Environmental Impact Assessment in
collaboration with other concerned
ministries.
b. follow
up, monitor, and take appropriate measures to ensure a Project Sponsor
will comply the Environmental
Management Plan (EMP) during project
construction, implementation, and closure as
described in the approved
EIA report.
Article
4: Central
Government
Institutions in their capacity as the Approval Institution shall
approve the project(s) described in the annex of this Anu-kret only
after consideration of the findings and recommendations of the Ministry
of Environment on the EIA reports.
Article
5: Local
Government Institutions in their capacity as the Approval Institution shall:
a. submit a copy of private, quasi-public or public projects
along with their attendant IEIA reports and EIA reports to
the Provincial Environmental Office.
b.
review and approve the proposed project, after consideration of
the findings and recommendations of the Provincial
Environmental Office concerned whose
mandated was authorized by a Prakas of the
Ministry of Environment.
CHAPTER
3
EIA
REQUIREMENTS FOR PROPOSED PROJECT(S)
Article
6:
The Project Sponsor shall conduct an Initial Environmental
Impact Assessment (IEIA) for project requiring an EIA as listed in the
annex of this Anu-kret.
Article
7:
The
Project Sponsor shall apply to the Ministry of Environment for a review
of their IEIA report and their pre-feasibility study
Article
8:
The
Project Sponsor shall apply to the Ministry of Environment for a full
scale review of their EIA report and pre-feasibility study for projects
deemed to have serious impact to the natural resources, ecosystem,
health or public welfare.
Article
9: For
local project, the Project Sponsor shall submit an Environmental
Application to the Provincial/Municipal Environmental Office (PEO) for a
review of their EIA report and pre-feasibility study as described in
Articles 7 and 8 of this Anu-kret.
Article
10: The
guidelines for preparing IEIA and EIA reports shall be determined by a
Prakas of the Ministry of Environment.
Article
11: The
Project Sponsor shall bear the cost of the project review and monitoring
fees. These service fees shall be approved by the Ministry of Economy
and Finance pursuant to a proposal of the Ministry of Environment.
The said fee shall be for the benefit of the national budget.
Article
12: The
Project Sponsor is required to make a contribution to the Environmental
Endowment Fund as described in Article 19 of Chapter 8 of the Law on
Environmental Protection and Natural Resources Management.
Article
13: For
central projects an Environmental Application Form (EAF) shall be filed
by the Project Sponsor with the Ministry of Environment. For local
project, the EAF shall be filed to the Provincial/Municipal
Environmental Office.
CHAPTER
4
EIA
REVIEW PROCESS FOR PROPOSED PROJECT
Article
14: The
Project Sponsor shall
file a
report as described in Article 7 with
the Ministry of Environment and forward a copy to the Project Approval
Institution.
Article
15: The
Ministry of Environment shall review the EIA report as described in
Article 14 and provide findings and recommendations to the Project
Sponsor and the Project Approval Institution within 30 working days,
following the receipt of the IEIA report and the pre-feasibility study
report from the Project Sponsor.
Article
16: When
a pProject Sponsor is required to submit a full scale EIA report as
described in Article 8, the Project Sponsor shall submit the report to
the Ministry of Environment along with their investment application with
the Project Approval Institution.
Article
17: The
Ministry of Environment shall review the report as described in Article
16 and will provide findings and recommendations to the Project Sponsor
and the Project Approval Institution within 30 working days following
the receipt of the full scale IEIA report and the pre-feasibility study
report from the Project Sponsor.
Article
18: If
the
Ministry of Environment fails to report its findings and recommendations
as described in Articles 15 and 17, the Project Approval Institution
will assume that the revised IEIA or EIA reports are complied with the
requirement of this Anu-kret.
Article
19: In
capacity as the Project Approval Institution and Project Sponsor, the
Project Sponsor shall comply with the requirements stipulated in Chapters
3 and 4 of this Anu-kret.
Article 20: The
Project Sponsor shall acknowledge the findings and recommendations of
their IEIA or/and EIA report(s) as approved by the Ministry of
Environment, before they can proceed with their project's
implementation.
CHAPTER
5
EIA
REVIEW PROCESS FOR EXISTING PROJECT
Article
21:
Within
a year of the promulgation of this
Anu-kret,
all Existing Project Sponsor are required to file their IEIA report with
the Ministry of Environment for review and approval of their
existing/ongoing central projects as previously approved by the
Project Approval Institution.
Article
22: Project
Sponsor shall file with the Ministry of Environment a full scale EIA
report within 6 months in accordance with requirements in Chapters 3 and
4 of this Anu-kret,
after the Ministry of Environment notification of the need to submit a
full scale EIA report for the existing/ongoing projects.
Article
23: Project
Sponsor shall carry out the environmental
management plan as described
in the EIA within 6 calendar months, commencing from the date of
the Ministry of Environment’s notification that the EIA report
compliance with the requirement of this Anu-kret.
Article
24:
Within two years of the promulgation of this Anu-kret,
Project Sponsor shall file an IEIA report to the PEO for review and
approval of their existing/ongoing local projects as previously approved
by the Local
Government
Institutions.
Article
25: Project
Sponsor shall file with the PEO a full scale EIA report within 6 months
in accordance with requirements in Chapters 3 and 4 of this Anu-kret,
after the determination of the PEO of the need to submit a full scale
EIA report for the existing/ongoing local projects.
Article
26: Project
Sponsor shall implement the environmental
management plan
as described
in
the EIA within 6 calendar months, commencing from the date of the PEO
notification of the EIA report compliance with the requirements of this Anu-kret.
CHAPTER
6
CONDITIONS
FOR APPROVING PROJECT
Article
27: The
Project Approval Institution shall provide guidelines to Project Sponsor
on the Environmental
Management Plan as approved in the EIA report by the Ministry of
Environment.
Article
28: The
Ministry of Environment shall collaborate with other line
ministries/institutions to issue
a stop-work order for existing/ongoing projects of Project
Sponsor which failed in implementing the Environmental
Management Plan as approved in the EIA report.
CHAPTER
7
PENALTIES
Article
29: A
Project Sponsor, who knowingly fails to disclose or misrepresents
information that is vital to the environmental review process or does
not implement Environmental Management Plan as approved in the EIA
report or otherwise violates a provision of this Anu-kret shall be
subject to the penalties set forth in Articles 20, 21, 22, 23 and 25 of
Chapter 9 of the LEPNRM.
Article
30: The
Ministry of Environment shall have the responsibility to report and file
a complaint against any Project Sponsor
found in violation of provisions of this Anu-kret.
Article
31: Any
Environment official or agent, found negligent, violated the Ministry of
Environment's regulations, conspired with or assisted a
perpetrator,shall be subject to administrative penalties or prosecution
before the court.
CHAPTER
8
FINAL
PROVISIONS
Article
32: Any
provisions that are contrary to this Anu-kret shall be null and void.
Article
33:
The minister in charge of the Office of the Council of Ministers,
ministries, and concerned institutions shall collaborate with the
Ministry of Environment to implement this Anu-kret in accordance with
their respective roles and responsibilities.
Article
34: This
Anu-kret shall enter into force from the date of its signature.
Phnom
Penh August 11, 1999
Prime Minister
Sign with Seal
HUN SEN
has
submitted to Samdech Prime Minister
by
the Minister of Environment
Dr. Mok Mareth
|
No |
Type
and Activities
of the Projects |
Size/Capacity |
|
A |
Industrial | |
|
I |
Foods, Drink, and Tobacco | |
|
1. |
Foods Processing and Canned Foods | ≥
500 Tones/Year |
|
2. |
All
Fruit Drinks manufacturing |
≥
1,500 Litres/day |
|
3. |
Fruit Manufacturing | ≥ 500 ones/Year |
| 4. | Orange Juice Manufacturing | All sizes |
| 5. | Wine manufacturing | All sizes |
|
6. |
Alcohol
and Beer Brewery |
All
sizes |
| 7. |
Water Supply | ≥
10,000 Users |
| 8. | Tobacco
Manufacturing |
≥
10,000 Boxes/day |
|
9. |
Tobacco Leaf Processing | ≥
350 Tones/Year |
| 10. |
Sugar Refining | ≥
3,000 Tones/Year |
| 11. |
Rice Mills and Cereal Grains | ≥ 3,000 Tones/Year |
| 12. |
Fish, Soy Bean, Chili, and Tomato Ssources | ≥
500,000 Litres/Year |
| II. |
Leather
Tanning, Garments, and Textiles |
|
|
1. |
Textile and Dyeing factories | All sizes |
| 2. | Garments, Washing, Printing, and Dyeing | All
sizes |
| 3. | Leather Tanning, and Glue | All
sizes |
| 4. |
Sponge-Rubber Factories | All sizes |
| III. | Wood
Production |
|
| 1. | Plywood | ≥ 100,000m3/Year (log) |
| 2. | Artificial Wood | ≥ 1,000m3/Year (log) |
| 3. |
Saw Mills | ≥ 50,000m3/Year (log) |
| IV. |
Paper | |
| 1. | Paper Factories | All sizes |
|
2. |
Pulp and Paper Processing | All
sizes |
| V. |
Plastic, Rubber and Chemicals | |
| 1. | Plastic Factories | |
| 2. |
Tire Factories | ≥ 500 Tones/Year |
|
3. |
Rubber
Factories |
≥ 1,000 Tones/Year |
|
4. |
Battery
Industr |
All
sizes |
| 5. | Chemical
Products |
All
sizes |
| 6. | Chemical Fertilizer Plants | ≥
10,000 Tones/Year |
| 7. | Pesticide
Industry |
All
sizes |
| 8. |
Paint Manufacturing | All sizes |
|
9. |
Fuel Chemicals | All
sizes |
| 10. | Liquid,
Powder, and Solid Soap Manufacturing |
All sizes |
| VI. | Mining
Production other than Metal |
|
| 1. | Cement Industry | All
sizes |
| 2. |
Oil
refining |
All sizes |
| 3. | Gas factories | All sizes |
|
4. |
Construction of Oil and Gas Pipelines | ≥
2 kilometres |
| 5. |
Oil and Gas Separation and Storage Facilities | ≥ 1,000,000 Litres |
| 6. | Fuel stations | ≥
20,000 Litres |
| 7. |
Mining |
All sizes |
| 8. |
Glass and Bottle Factories | All sizes |
| 9. | Bricks, and Roofing Tile Manufacturing | ≥ 150,000 Piece/month |
| 10. |
Flooring
Tile Manufacturing |
≥ 90,000 Piece/month |
| 11. | Calcium Carbide Plants | All
sizes |
| 12. | Production of Construction Materials (Cement) | ≥ 900 tones/month |
| 13. | Lubricant and Motor Oil Manufacturing | All sizes |
| 14. | Petroleum
Study Rresearch |
All sizes |
| VII. | Metal
Industries |
|
| 1. |
Mechanical Industries | All
sizes |
| 2. |
Mechanical Storage factories | All sizes |
| 3. |
Mechanical
and Shipyard enterprises |
All sizes |
| VIII. |
Metal
Processing Industries |
|
| 1. |
Manufacturing of Nails, Barbed Wire, and Nets | ≥300 Tones/month |
| 2. |
Steel,
Iron, and Aluminum Mills |
All sizes |
| 3. |
All Kinds of Smelting | All
sizes |
| IX. |
Other Industries | |
| 1. |
Waste Processing, and Burning | All
sizes |
| 2. | Waste Water Treatment Plants | All
sizes |
| 3. |
Power Plants | ≥
5 MW |
| 4. | Hydropower | ≥ 1 MW |
|
5. |
Cotton
Manufacturing |
≥ 15 Tones/month |
|
6. |
Animal Food Processing | ≥
10,000 Tones/Year |
| B. | AGRICULTURE | |
| 1. | Concession
forests |
≥ 10,000 Hectares |
| 2. | Logging |
≥
500 Hectares |
| 3. |
Land
Covered by Forests |
≥
500 Hectares |
| 4. | Agriculture and Agro-industrial land | ≥
10,000 Hectares |
| 5. |
Flooded and Coastal Forests | All
sizes |
|
6. |
Irrigation Systems | ≥ 5,000 Hectares |
| 7. |
Drainage
Systems |
≥
5,000 Hectares |
| 8. | Fishing Ports | All sizes |
| C. | TOURISM | |
| 1. |
Tourism Areas |
≥ 50 Hectares |
| 2. |
Golf Courses | ≥ 18 Holes |
| D. | INFRASTRUCTURE | |
|
1. |
Urbanization Development | All sizes |
| 2. | Industrial
Zones |
All sizes |
|
3. |
Construction
of Bridges and -Roads |
≥
30 Tones weight |
| 4. |
Buildings |
Height
≥ 12 m or floor ≥
8,000m2 |
| 5. |
Restaurants |
≥
500 Seats |
| 6. |
Hotels |
≥
60 Rooms |
| 7. |
Hotels
Adjacent to Coastal Areas |
≥
40 Rooms |
| 8. |
National Road construction | ≥
100 Kilometres |
| 9. | Railway Construction | All
sizes |
| 10. |
Port
Construction |
All sizes |
| 11. |
Air
port Construction |
All sizes |
| 12. |
Dredging |
≥
50,000 m3 |
| 13. |
Dumping Sites | ≥ 200,000 People |