List of Myanmar`s laws relating to environmental management

List of Myanmar’s laws relating to environmental management
The below information has been adapted from:
“Environmental Legislations related to Green Productivity Improvement in Myanmar” (17 March 2014)
by U Kyaw San Naing, Environmental Conservation Department, Ministry of Environmental Conservation
and Forestry
This list is provided for information purposes only and may be updated from time to time. It is not an
official legal reference.
Sectoral legislation related to environmental matters:
A. Administrative Sector
1. The Penal Code of Offences Provisions related to prohibitions against contaminating public
Affecting the Public Health,
springs or reservoirs and “making atmosphere noxious to health”
Safety, Convenience,
Decency and Morals, 1861
2. The Explosives Act, 1887
3. The Yangon Police Act, 1899
Prohibitions on production, possession and use of explosives
without permission
Provisions on offences which affect the human environment
4. The Village Act, 1907
Provisions on offences which affect the human environment
5. The Towns Act, 1907
Provisions on offences which affect the human environment
6. The Explosives Substances
Act, 1908
Prohibitions on production, possession and use of explosives
without permission
7. The Poisons Act, 1919
Provisions on the possession, use and disposal of poisons
8. The Police Act, 1945
Provisions on offences which affect the human environment
9. The Essential Supplies and
Services Act, 1947
Provisions for regulating water supply and environmental
sanitation in rural areas, to “maintain services essential to the
life of the community, if necessary”
Prohibitions on the destruction of embankments; causing
extreme suffering to the public or loss of life; endangering the
security or well-being of public reservoirs, water supply works,
water pipe connections, and public dams; and poisoning drinking
water
Measures for the protection of marine and coastal zone
environments and for the conservation of marine biological
diversity
10. The Emergency Provisions
Act, 1950
11. The Territorial Sea and
Maritime Zones Law, 1977
B. Agriculture and Irrigation Sector
12. The Embankment Act, 1909
Prohibitions on damaging or trespassing on embankments; or
constructing and maintaining embankments without prior
permission
13. The Pesticide Law, 1990
14. The Plant Pest Quarantine
Law, 1993
15. The Fertilizer Law, 2002
C. Culture Sector
16. The Protection and
Preservation of Cultural
Heritage Region Law, 1998
D. City Development Sector
17. The Yangon Water-works
Act, 1885
18. The City of Yangon
Municipal Act, 1922 (The
Law Amending the City of
Yangon Municipal Act, 1991)
19. The Water Power Act, 1927
20. The Underground Water
Act, 1930
21. The City of Yangon
Development Law, 1990
(Amended in 1995 and
1996)
22. The Development
Committees Law, 1993
23. The Mandalay City
Development Law, 1992
E. Finance and Revenue Sector
24. The Myanmar Insurance
Law, 1993
F. Forestry Sector
25. The Forest Law, 1992
26. The Protection of Wild Life
and Wild Plants and
Conservation of Natural
Areas Law, 1994
Provisions to monitor, control the selection of, store, transport
and use pesticides in such a manner as to protect people, crops,
other biological entities, and the environment
Provisions to control the import of plants, plant products, pests,
beneficial organisms and soil; and to prohibit the intentional
transportation of any of the above items which are known to be
contaminated, or which have been placed under quarantine
Provisions for the use of appropriate fertilisers which support the
conservation of soil and the environment
Provisions to protect ancient sites and regions and cultural
heritage areas from any adverse impacts due to industrialization,
tourism and urbanization
Prohibitions on the pollution of water works in the city of Yangon
Provisions relating to environmental sanitation, pollution of air
and water, and public health
Prohibitions on the pollution of public water; and provisions for
the use of water in the pursuit of energy production and mining
in a manner which does not harm land, watersheds or “localities”
[meaning unclear]
Prohibitions on accessing and using underground water without
a license
Provisions relating to environmental sanitation, pollution of air
and water, and public health
Provisions relating to environmental sanitation, pollution of air
and water, and public health
Provisions relating to environmental sanitation, pollution of air
and water, and public health
Requires any business which may pollute the environment to
effect compulsory general liability insurance
Provisions to conserve water, soil, biological diversity and the
environment; sustain forest produce yields; protect forest cover;
establish forest and village firewood plantations; sustainably
extract and transport forest products
Provisions on the protection of fauna and flora and their habitat
(including living and non-living organisms, migratory and
endangered species); the conservation of natural areas;
guidelines for scientific research; and the establishment of
zoological and botanical gardens
G. Health Sector
27. The Union of Myanmar
Public Health Law, 1972
28. The National Drug Law,
1992
29. The Prevention and Control
for Communicable Diseases
Law, 1995
30. The Traditional Drug Law,
1996
31. The National Food Law,
1997
32. The Control of Smoking and
Consumption of Tobacco
Product Law, 2006
33. The law Relating to Private
Health Care Services, 2007
H. Hotels and Tourism Sector
34. The Myanmar Hotel and
Tourism Law, 1993
I. Industrial Sector
35. The Oilfields Act, 1918
36. The Petroleum Act, 1934
37. The Oilfield (Workers and
Welfare) Act, 1951
38. The Factories Act, 1951
39. The Private Industrial
Enterprise Law, 1990
J. Livestock and Fisheries Sector
40. The Law Relating to the
Fishing Rights of Foreign
Fishing Vessels, 1989 (The
Law Amending the Law
Relating to the Fishing
Rights of Foreign Fishing
Vessels, 1993)
Provisions to promote and safeguard public health including
measures and prohibitions regarding environmental health
Provisions managing the manufacture, storage, distribution,
sales, import and export of pharmaceutical raw materials or
drugs under a license; prohibitions on the manufacture, storage
and sale of unregistered, fake, substandard, expired, diluted,
harmful or dangerous drugs.
Provisions to prevent the outbreak of communicable diseases;
regulate environmental sanitation; and measures in the event of
a disease epidemic
Provisions to promote and develop traditional medicine and
drugs (including registration and manufacture).
Provisions to control and regulate the protection, import, export,
storage, distribution and sale of food, ensuring hygiene and food
safety standards
Provisions to prevent damage to cultural heritage areas or sites
of natural beauty, caused by the hotel and tourism industry
Provisions to supervise the waste output from oil and natural gas
exploration
Provisions to regulate production, storage, and transport of oil so
as not to cause pollution or the outbreak of fires
Provisions for the welfare and health of oilfield workers; to
ensure cleanliness in oilfields; and precautions against the
outbreak of fires
Provisions for the proper disposal of waste and effluents in
factories; treatment of waste water; regulations for health and
cleanliness in factories, and the prevention of hazards
Provisions to avoid environmental pollution
Provisions to develop fisheries; prevent extinction of fish species;
safeguard fisheries waters and fisheries management; prohibit
unlicensed fishing, water pollution, the use of explosives, poisons
and dangerous materials in fishing; and guide the issuing of
licenses, management and inspection of fisheries.
41. The Law Relating to
Aquaculture, 1989
42. The Myanma Marine
Fisheries law, 1990 (The Law
Amending the Myanma
Marine Fisheries Law, 1993)
As above
43. The Freshwater Fisheries
law, 1992
44. The Animal Health and
Development Law, 1993
As above
K. Mining Sector
45. The Land Acquisition
(Mines) Act, 1885
46. The Salt Enterprise Law,
1992
47. The Myanmar Mines Law,
1994
48. The Myanmar Pearl Law,
1995
49. The Myanmar Gemstone
Law, 1995
L. National Planning and Economic
Development
50. Myanmar Special Economic
Zone Law, 2014
51. Myanmar Foreign
Investment Law, 2012
52. Myanmar Citizen
Investment Law, 2013
M. Science and Technology Sector
53. The Science and Technology
Development Law, 1994
54. The Atomic Energy law,
1998
As above
Provisions for the control and prevention of outbreaks of
contagious diseases; inspecting imported animals, animal
products and feed; certifying products and feed for export;
ensuring the humane treatment of animals
Provisions to prevent injury and minimise danger for mine
workers
Prohibitions on unlicensed production of salt or chemical salt/byproducts, including the use of charcoal and wood fires in
production (to prevent deforestation)
Law under amendment to prevent pollution, improve natural
resource conservation, and mitigate/reduce environmental
impacts related to mining activities
Provisions to protect and conserve oyster fishing grounds; and to
avoid overfishing, species extinction and the degradation of
water environments
Provisions to protect and conserve the environment during
gemstone production operations
Provisions instructing investor compliance with existing laws
related to the conservation and protection of the natural
environment and the Environmental Conservation Law
Provisions to restrict or prohibit investment activities which
affect public health, the environment and ecosystems, which
produce toxic waste or which engage with toxic chemicals; duties
of investors to conduct business in such a way as to avoid
environmental damage, air and water pollution, in accordance
with existing laws
Broad provisions supporting environmental conservation and
protection and adherence to existing laws related to
environmental matters; restrictions on businesses which cause
damage to the natural environment and ecosystems
Provisions for the Myanmar Science and Technology Research
Department to carry out research and development in the area
of environmental conservation
Provisions to prevent the effects of atomic radiation on human
beings and the environment
N. Transportation Sector
55. The Obstruction in Fairways
Act, 1881
56. The Canal Act, 1905
57. The Yangon Port Act, 1905
58. The Defile Traffic Act, 1907
59. The Ports Act, 1908
60. The Inland Steam Vessels
Act, 1917
61. The Myanmar Aircraft Act,
1934
62. The Motor Vehicles Law,
1964 (The Law Amending
the Motor Vehicles Law,
1989)
63. The Highways Law, 2000
64. The Conservation of Water
Resources Law, 2006
Provisions to remove or destroy any obstructions in any fairway
leading to any port in Myanmar, if deemed an obstruction or
danger to navigation
Prohibitions against the destruction of, damage to, or pollution
of the flow of water in any canal or drainage work
Provisions to keep the port, rivers, and banks clean (including
measures against fuel and oil leakage from vessels and wilful
disposal of waste into water); prohibitions on the removal of
protections from the banks or shores of a port; measures to
prevent danger to public health from the spread of infection or
contagious disease from vessels arriving at or stationed in ports
Provisions to prevent river traffic danger on the Ayeyarwady
River between Sinbo, Myithkyina District and Bahmo, Bahmo
District
Provisions to keep the port, rivers, and banks clean (including
measures against fuel and oil leakage from vessels and wilful
disposal of waste into water); prohibitions on the removal of
protections from the banks or shores of a port; measures to
prevent danger to public health from the spread of infection or
contagious disease from vessels arriving at or stationed in ports
Provisions to protect passengers and goods from danger
Provisions to protect public health against the spread of
infections; and to prohibit wilful flying in a manner so as to cause
danger to any person, or property on land, water or in the air
Provisions to control vehicle engine emissions and the leakage of
fuel or oil
Provisions to prohibit planting, cutting or destroying trees within
highway boundaries without the permission of the Union
Ministry of Public Works; and to prevent damage to highways