Member Article

On 29 June 2021, the Ministry of the Environment (“MOE”) issued five new Prakas pursuant to Prakas No. 021 dated 3 February 2020 on the Classification of Environmental Impact Assessments (“EIA”) for Development Projects. These new Prakas determine the procedures and implementation guidelines for checklists used to prepare initial environmental and social impact assessment (“IEIA”) reports.

These Prakas aim to facilitate both public and private ?project development owners in preparing IEIA reports and streamlining the procedures to approve IEIA reports in the following specific fields:

1. Prakas No. 226 on Procedures and Implementation Guidelines for Checklists to Prepare Initial Environmental and Social Impact Assessment Reports on Livestock and Aquaculture;
2. Prakas No. 227 on Procedures and Implementation Guidelines for Checklists to Prepare Initial Environmental and Social Impact Assessment Reports on Tourism Development Projects;
3. Prakas No. 228 on Procedures and Implementation Guidelines for Checklists to Prepare Initial Environmental and Social Impact Assessment Reports on All Types of Construction Projects;
4. Prakas No. 229 on P on Procedures and Implementation Guidelines for Checklists to Prepare Initial Environmental and Social Impact Assessment Reports on Petrol Stations and Joint Petrol and Gas Station Projects; and
5. Prakas No. 230 on Procedures and Implementation Guidelines for Checklists to Prepare Initial Environmental and Social Impact Assessment Reports on Small and Medium Enterprise Projects.

Based on each Prakas, the project owners shall prepare IEIA reports by themselves or engage EIA consultants (individuals or legal entities) and the preparation of such reports in the respective fields must comply with the guidelines attached to the appendix of each Prakas.

Moreover, IEIA Reports require consultation with affected local communities and relevant commune/sangkat authorities. If required, consultations must be made with the authorities of relevant municipal areas, districts, khans, capitals, or provincial departments along with inter-ministerial meetings.

The approval timeframe for IEIA Reports under these Prakas is 30 working days from the date that the project owner submits the IEIA Report to the MOE. In the event that an IEIA Report must be revised by the MOE, the approval procedures shall be extended by another 30 working days.

The information provided here is for information purposes only and is not intended to constitute legal advice. Legal advice should be obtained from qualified legal counsel for all specific situations.

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