[Law] SUB-DECREE on ENVIRONMENTAL IMPACT ASSESSMENT PROCESS THE ROYAL GOVERNMENT OF CAMBODIA

KINGDOM OF CAMBODIA

Nation, Religion, King

ROYAL GOVERNMENT

Council of Minister

No : 72. ANRK.BK

Phnom Penh, August 11,1999

SUB-DECREE

on

ENVIRONMENTAL IMPACT ASSESSMENT PROCESS THE ROYAL GOVERNMENT OF CAMBODIA

• Having seen the Constitution of the Kingdom of Cambodia

• Having seen the Royal Decree No. NS  /RKT / 1198-72  dated 30 November, 1998  on the Formation of the Royal Government, Kingdom of Cambodia ;

• Having seen the Preah Reach Kram No. 02 / NS / 94 dated 20 July, 1994  promulgating it on the Organization and Functioning of the Council of Ministers;

• Having seen the Preah Reach Kram No. NS/ RKM/ 0194/21 dated 24  January 1994  on the Establishment of the Ministry of Environment;

• Having seen the Preah Reach Kram No. NS/ RKM/ 1296/36 dated 24 December 1996;  promulgating it on the  Law on Environmental Protection and Natural Resource Management;

• Having received an approval from the meeting of the Council of Minister   on 23 July 1999  .

IT IS HEREBY DECIDED AND ORDERED CHAPTER 1

GENERAL PROVISIONS

ARTICLE 1:

The purpose of this Sub-decree are :

–   An environmental impact assessment (EIA) shall be done on every project and activity, private or public, and shall be reviewed by  the Ministry of Environment before being  submitted to the Royal Government for decision.

–  The nature and size of the proposed projects and activities and existing and in-process  activities,

both private and public, shall be subject to environmental impact assessment.

– Foster public participation in the environmental impact assessment process in recognition that their concerns should be  considered in the project decision-making process.

ARTICLE 2:

This Sub-decree applies to every  proposed project and activities and existing and in-process, private, joint-venture and public projects that listed in an Annex of this Sub- decree, except projects deemed necessary  to  react to a declared state of emergency and approved by the Royal Government.

CHAPTER 2

INSTITUTIONAL RESPONSIBILITIES

ARTICLE 3 :

The Ministry of Environment shall :

a/  evaluate and review the environmental impact assessment reports in collaboration with other

Governmental Institutions.

b/ take appropriate administrative, conduct surveillance and monitor to ensure that the Environmental Management Plan during  project construction, operation, and closure, which contained in an approved EIA report be implemented by the Project Sponsor.

ARTICLE 4 :

Central Governmental Institutions in their capacity as the Approval Institution shall approve  the project that listed in an Annex of this Sub-decree only after consideration of the findings and recommendations

of the Ministry of Environment on the EIA reports.

ARTICLE 5 :

Local Governmental Institutions in their capacity as the Approval Institution shall :

a/ submit a copy of private, joint-venture and public projects along with their attendant IEIA reports and

EIA reports to the Provincial Environmental Department.

b/ approve  the project only after consideration of the findings and recommendations of the Provincial

Environmental Department as their capacity that provided by the Prakas  of the Ministry of Environment

.

CHAPTER 3

ENVIRONMENTAL IMPACT ASSESSMENT REQUIREMENTS FOR PROPOSED PROJECTS

ARTICLE 6:

The Project Sponsor shall conduct  Initial Environmental Impact Assessment (IEIA) for the project required EIA as listed in an Annex of this Sub-Decree.

ARTICLE 7:

The Project Sponsor will submit the Environmental Application for reviewing IEIA reports and pre-

feasibility study to the Ministry of Environment

ARTICLE 8:

The Project Sponsor will submit the Environmental Application for reviewing full-scale EIA reports and

feasibility study to the Ministry of Environment for the projects deemed serious impact to the natural resources, ecosystem, health and public welfare.

ARTICLE 9:

The Project Sponsor will submit the Environmental Application for reviewing EIA reports as stipulated in

Article 7 and Article 8 of this Sub-decree to the Provincial Environmental Department for the local projects.

ARTICLE 10:

The Guidelines for preparing IEIA and EIA reports issuance of Prakas by the Ministry of Environment.

ARTICLE 11:

The Project Sponsor will submit the review  and monitoring fee to the National Budget Account. The

amount of the fee is specified by the  Ministry of Economy and Finance according to the propose of the

Ministry of Environment.

ARTICLE 12:

Consider the obligation to make a donation  to the Environmental Endowment Fund as stipulated in

Article 19, Chapter 8 of the Law on Environmental Protection and Natural Resources Management.

ARTICLE 13:

Environmental Application Form will be filled by the Project Sponsor and provided by the Ministry of

Environment for the central  projects and by the Provincial Environmental Department for the local projects.

CHAPTER 4

EIA REVIEW PROCESS FOR PROPOSED PROJECTS

ARTICLE 14 :

The Project Sponsor will conduct and submit the reports as stipulated in Article 7 to the Ministry of

Environment and provided a copy to the Approval Institutions.

ARTICLE 15 :

The Ministry of Environment will review the EIA report as stipulated in Article 14 and will submit findings and recommendations  to the Project Sponsor and Approval Institutions within 30 work-days following the  receipt the IEIA report and pre-feasibility study from the Project Sponsor.

ARTICLE 16 :

In case the project required full-scale EIA report determined by the Ministry of Environment, the Project Sponsor shall conduct and submit the report as stipulated in Article 8 of this Sub-decree to the Ministry of Environment in the same time as submit the investment application to the Approval Institution. ARTICLE 17 :

The Ministry of Environment will review the  report as stipulated in Article 16 and will submit findings and recommendations to the project sponsor within 30 work-days follow the receipt the full-scale EIA report and feasibility study from the Project Sponsor.

ARTICLE 18 :

If the Ministry of Environment fails to submit findings and recommendations as stipulated in Article 15 and 17, the Project Approval Institution will assume the revised IEIA or an EIA reports  complies with the requirement of this Sub-Decree.

ARTICLE 19 :

When the Project Sponsor is the Project Approval Institution shall comply as stipulated in Charter 3 and

4 of this Sub-Decree.

ARTICLE 20 :

The project will be implemented only after receives the IEIA or and EIA reports approved by the

Ministry of Environment.

CHAPTER 5

EIA REVIEW PROCESS FOR EXISTING  PROJECTS

ARTICLE 21:

All Project Sponsors shall file with the Ministry of Environment an IEIA report and submit the

Environmental Applications for each of their projects within one year of the promulgation of this Sub-

Decree for the Central Projects.

ARTICLE 22 :

After notification to the Project Sponsors by the Ministry of Environment that the report is not complies with requirement of this Sub-Decree, the Project Sponsor will improve or conduct full-scale EIA report

within 6 months as required in Charter 3 and 4  of this Sub-Decree.

ARTICLE 23 :

After notification to the Project Sponsor by the Ministry of Environment of the findings of the report reviewed, the EIA report is complies with the requirement of this Sub-Decree, the Project Sponsor will

implement the Environmental Management Plan contain in the EIA report within 6 calendar months.

ARTICLE 24 :

All Project Sponsors shall file with the Provincial Environmental Department an IEIA report and submit the Environmental Applications for each of their  projects within two year of the promulgation of this

Sub-Decree for the Local Projects.

ARTICLE 25 :

After notification to the Project Sponsors by the Provincial Environmental Department the report is not complies with requirement of  this Sub-Decree, the Project Sponsor will improve or and conduct full-

scale EIA report within 6 months as required in Charter 3 and 4 of this Sub-Decree.

ARTICLE 26 :

after notification to the Project Sponsor by the Provincial Environmental Department of the findings of the report reviewed, the EIA report is complies with the requirement of this Sub-Decree, the Project

Sponsor will implement the Environmental Management Plan contain  in the EIA report within 6

calendar months,

CHAPTER 6

CONDITION FOR APPROVING THE  PROJECTS

Environmental Management Plan that has been approved in an EIA report by the Ministry of

Environment.

ARTICLE 28 :

The Ministry of Environment operate with concerning institutions appear to stop the activity of those projects with failed in implementation of the Environmental Management Plan which has been stated in

the EIA reports.

CHAPTER 7

ARTICLE 29 :

PENALTIES

A Project Sponsor, who knowingly fails to disclose or misrepresents information that is vital to the

environmental process or does not implement environmental management plan as described in approved EIA report or otherwise violates a provision of this Sub-Decree, shall be subject to the

penalties set forth in Article 20/21/22/23 and 25 of Charter 5 of the Law on Environmental Protection and Natural Resources Management.

ARTICLE 30 :

The reporting of violated and violator is the responsibility of Ministry of Environment.

ARTICLE 31 :

Any Environmental Official or agent who is negligent, fails to pay attention to, or fails to comply with the Ministry’s regulations, or conspires with violators of facilitates the commission of a violation, shall be subject to administrative sanctions or face prosecution before the court.

CHAPTER 8

ARTICLE 32 :

FINAL PROVISIONS

Any provisions that contrary to this Sub-Decree shall be considered null.

ARTICLE 33 :

Minister of Council of Minister, Ministries, Concerning Institutions shall operate with Ministry of

Environment to implement this Sub-Decree accordingly to their roles and responsibilities.

Done in Phnom Penh on, ……./……./…….

Prime Minister

HUN SEN

Annex of Sub-Decree No 72 ANRK. BK. Date 11, August  1999

List of the Projects Require an IEIA or EIA