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| Kingdom of
Cambodia |
| Nation - Religion
- King |
| . |
| LAW ON
ENVIRONMENTAL PROTECTION |
| AND ATURAL
RESOURCE MANAGEMENT |
| . |
| Chapter I |
| General provision |
| Article 1- |
The purposes of law are:
- To protect {and} promote environmental quality and public
health through the prevention, reduction, and control of pollution.
- To assess the environmental impacts of all proposed
projects prior to the issuance of the decision by the Royal Government.
- To ensure the rational and sustainable conservation,
development, management, and use of the natural resources of the Kingdom of Cambodia .
- To encourage and enable the public to participate in
environmental protection and natural resource management.
- To suppress any acts that cause harm to the environment.
| Chapter II |
| National and Regional Environmental
Plans |
| Article 2- |
The Ministry of Environment, in collaboration
with other concerned ministries and institutions, shall:
- Prepare a National Environmental Plan.
- designate regions and prepare a Regional Environmental
Plan for each Region.
The National and Regional Environmental Plans shall be
decided by the Royal Government.
Article
3-
The National Environmental Plan is a plan of
environmental protection and
sustainable natural resource management throughout the
Kingdom of Cambodia.
The National Environmental Plan shall :
- identify important environmental issues and important
natural resource management issues that are related to socio-economic development.
- set forth measures to ensure environmental management.
Article 4-
The Regional Environmental Plan shall be consistent
with the National Environmental Plan.
The regional Environmental Plan shall:
- identify important environmental issues and important
natural resource management issues that are related to Socio-economic development of the
respective regions.
- set forth measures to ensure environmental management in
the said region.
Article 5-
The National and Regional Environmental Plan
shall be reviewed and revised at least once every five years.
| Chapter
III |
| Environmental
Impact Assessment |
| Article 6- |
An environmental impact
assessment shall be conducted on every project and activity of the private or public , and
shall be approved by the Ministry of Environment before being submitted to the Royal
Government for decision.
This assessment shall also be conducted for existing
activities that have not yet been assessed for environmental impacts.
The procedures of the process for environmental impact
assessment shall be defined by sub-decree following a proposal of the Ministry of
Environment.
The nature and size of the proposed projects and/ or
activities (proposed and existing ) both private and public, that shall be subject an
environmental impact assessment which shall be defined by sub-decree following a proposal
of the Ministry of Environment.
Article 7-
All
investment Project Applications and all proposed State projects shall be subject to an
initial Environmental Impact Assessment and / or Environmental Impact Assessment as
specified in article 6 of this law. The Ministry of environment shall review and provide
recommendations on the initial Environmental Impact Assessment and / or environmental
impact assessment to the competent bodies within period determined by the Law on
Investment of the Kingdom of Cambodia.
| Chapter IV |
| Natural Resource Management |
| Article 8- |
he natural
resources of the Kingdom of Cambodia, which include land , water airspace, air, geology,
ecological systems , mines , energy, petroleum and gas, minerals, forests and forest
products , wildlife , fish , [and] aquatic resources, shall be managed in an
environmentally rational and sustainable manner.
The natural protected areas including Natural Parks ,
wildlife sanctuaries , Protected Landscapes Areas and Multiple use Management Areas shall
be determined by Royal Decree.
Article 9-
The Ministry of Environment, in collaboration with
concerned ministries, shall conduct research, assess the environmental impacts on natural
resources, and provide the concerned ministries with recommendations to ensure that the
natural resources as specified in article 8 are managed in an environmentally rational and
sustainable manner.
Article 10-
Before making
decisions or undertaking activities related to the conservation, development or management
of natural resources , the concerned ministries shall consult with the Ministry of
Environment about the Sustainability of natural resources.
Article 11-
The Ministry of Environment shall
immediately inform concerned ministries whenever the Ministry of Environment finds that
natural resources are not being managed and used in an environmentally rational and
sustainable manner.
| Chapter V |
| Environmental Protection |
| Article 12- |
The Ministry of Environment shall collaborate with
concerned ministries to develop an inventory indicating the following:
- The sources types, and quantities of all pollutants and
waters being imported, generated, transported, recycled , treated stored, disposed, or
released into the airspace, water, or on land.
- The sources types, and quantities of all toxic and
hazardous substances some being imported , manufactured , transported , used generated ,
being treated , recycled , disposed , or being released into the airspace, water or into
land or on land.
- the sources, types, and extent of noise and vibration
disturbances.
Article 13-
The prevention , and control of airspace , water and
land pollution, noise and vibration disturbances and provisions on waste, toxic
substances, and hazardous substances, shall be determined by sub-decree following a
proposal of the Ministry of Environment.
| Chapter VI |
| Monitoring, Record-keeping, and
Inspection |
| Article 14- |
He Ministry of Environment shall collaborate
with concerned ministries to require the owner or responsible person of factories,
pollution sources, industrial sites, or sites of natural resources development activity:
- to install or use monitoring equipment
- to provide samples
- to prepare or maintain and submit review records and
reports
Article 15-
In order to carry out its mission and its
responsibilities on Natural Protected Areas, the Ministry of Environment, in collaborate
with concerned ministries, may enter [and] conduct an inspection at a site, premises
building, or any transport facility or any place, deemed necessary when the Ministry of
Environment finds that these sources adversely affect the environment.
The Ministry of Environment Inspector and the official of
the concerned ministries that is collaborating shall present their identification, and
latter of authorization before conducting the inspection.
During the inspection, when the inspector find any criminal
offense, they shall immediately submit a report to the competent entity for taking legal
action.
The inspection procedures shall be determined by sub-decree
following a proposal of the Ministry of Environment.
| Chapter VII |
| Public Participation and access to
information |
| Article 16- |
The Ministry of Environment shall provide, following
a request from the public, information on its activities, and shall encourage public
participation in environmental protection and natural resource management.
Article 17-
The procedure for public participation and
access to information shall be determined by sub-decree following a proposal of the
Ministry of Environment.
Article 18-
Information related to environmental protection
or natural resource management shall be mutually disseminated between the Ministry of
Environment and different ministries.
| Chapter XIII |
| Environment Endowment Fund |
| Article 19- |
he special account of the treasury shall be created
which is an Environment Endowment Fund for the Ministry of Environment to finance
environmental protection and the conservation of natural resources in the Kingdom of
Cambodia in accordance with the finance law.
The Environment Endowment Fund coming from contributions
from the Royal Government, grants from international organizations, donations from kind
people and from non-Governmental organizations and other legal incomes shall be included
in the national Budget for providing the above special account.
| Chapter IX |
| Penalties |
| Article 20- |
For any person that commit a
violation of the prescription of the Ministry of Environment as specified in article 14 of
this law, the Ministry of Environment shall issue a written order requiring:
- Correction of the violating activities immediately or
within a specified time period or
- Termination of its activities until that violation has
been corrected or,
- Clean-up the pollution immediately.
Article 21-
Any person that refuses or obstructs the
inspection officials for entering to conduct an inspection as specified in the paragraph 1
article 15 of this law shall be subject of fine ranging from five hundred thousand Riel (
500,000 00 Riel ) to one million Riel (1 000000.00 Riel ).
In case of repeated offense, the violator shall be subject
of fine ranging from one million Riel ( 1,000,000 00 Riel ) to five million Riel (
5,000,000 00 Riel ) or imprisonment from one month to one year or both these punishments.
Article 22-
If the violation causes danger to human health,
life, private/public property, the environment , [or] to natural resources , it shall be
subject to fine ranging from ten million Riel ( 10,000,000 00 Riel ) to fifty million Riel
( 50,000,000 00 Riel ) or imprisonment from one year to five years or both these
punishments.
Persons that commit a violation shall be responsible for
repairing damage and for compensating all administration cost associated with the
violation.
Article 23-
In case when the violation causes serious
disaster to society, the court will use circumstantial evidence connected with other
offenses above in order to pronounce the sentence.
Article 24-
Any environmental inspection officials who
neglects by paying no attention, or does not comply with regulations of the Ministry of
Environment , or conspire with the offender, or facilitate the commission of the offense ,
shall be subject to administrative sanctions or face prosecution before the court.
Article 25-
The Ministry of Environment shall apply the
provisions of above article 20 for any person that commit a violation of sub-decrees or
other regulation related to the provisions of this law.
| Chapter X |
| Interim Provision |
| Article 26- |
Subsequent entering into
force of this law until December, 31,2001, for existing activities , the Royal Government
may extend the period to comply with a sub-decree specified in article 13 of this law
following a proposal of the Ministry of Environment.
In making a decision for this extension, it shall :
- Take into account the nature and extent of the harm to
human health , the environment and the natural resources that may result from this
extension.
- Review the possibility, means, technicality , and finance
mechanism for the existing activity.
| Chapter XI |
| Final Provision |
| Article 27- |
Any provision that are contrary to this law
shall be considered null and void.
|
1- Sub-decree
on Solid Waste Mangement
2- Sub-decree on
Water Pollution Control
3- Declaration 01
4- Sub-decree on
Environmental Impact Assessment
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