The Ministry may, with the approval of the Union Government and the Committee, stipulate the following environmental quality standards:

(a) suitable surface water quality standards in the usage in rivers, streams, canals, springs, marshes, swamps, lakes, reservoirs and other inland water sources of the public;

(b) water quality standards for coastal and estuarine areas;

(c ) underground water quality standards;

(d) atmospheric quality standards;

(e) noise and vibration standards;

(f) emissions standards;

(g) effluent standards;

(h) solid wastes standards;

(i) other environmental quality standards stipulated by the Union Government.

The Ministry may, with the approval of the Union Government and the Committee, insert, modify and stipulate the environmental quality standards for the interests of the public in accord with the scientific and technological advances or requirement of work according to time and area.

12

If any environmental quality standard stipulated by any Government department, Government organization under any existing law is more than the quality standard stipulated by the Ministry, it shall remain in force, however if it is less than such standard, only the standard stipulated by the Ministry shall be in force.

The Ministry shall, under the guidance of the Committee, maintain a comprehensive monitoring system and implement by itself or in co-ordination with relevant Government departments and organizations in the following matters:

(a) the use of agro-chemicals which cause to impact on the environment significantly;

 (b) transport, storage, use, treatment and disposal of pollutants and hazardous substances in industries;

(c) disposal of wastes come out from exploration, production and treatment of minerals, industrial mineral raw materials and gems; 

(d) carrying out waste disposal and sanitation works;

(e) carrying out development and constructions;

(f) carrying out other necessary matters relating to environmental pollution.

A person causing a point source of pollution shall treat, emit, discharge and deposit the substances which cause pollution in the environment in accord with stipulated environmental quality standards.

The owner or occupier of any business, material or place which causes a point source of pollution shall install or use an on-site facility or controlling equipment in order to monitor, control, manage, reduce or eliminate environmental pollution. If it is impracticable, it shall be arranged to dispose the wastes in accord with environmentally sound methods.

A person or organization operating business in the industrial estate or business in the special economic zone or category of business stipulated by the Ministry:

(a) is responsible to carry out by contributing the stipulated cash or kind in the relevant combined scheme for the environmental conservation including the management and treatment of waste;

(b) shall contribute the stipulated users charges or management fees for the environmental conservation according to the relevant industrial estate, special economic zone and business organization;

(c) shall comply with the directives issued for environmental conservation according to   the relevant industrial estate, special economic zone or business.

The owner or occupier of the category of business, work- site or factory, workshop stipulated by the Ministry under section 21 shall apply for the prior permission to the Ministry in accord with the stipulations.

The Ministry may, in issuing the prior permission, stipulate terms and conditions relating to environmental conservation. It may conduct inspection whether or not it is performed in conformity with such terms and conditions or inform the relevant Government departments, Government organizations to carry out inspections.

The Ministry may, if it is found that a holder of the prior permission fails to comply with any of the terms and conditions relating to environmental conservation contained in the prior permission, pass any of the following administrative penalties:

(a) causing to comply with in accord with the terms and conditions after warning, causing to sign the bond;

(b) causing to comply with in accord with the terms and conditions after paying a fine.

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The holder of the prior permission shall effect insurance according to the category of his business, work-site or factory, workshop for any accident that may cause impact on the environment, in accord with the existing law.

No one shall, without the prior permission, operate business, work-site or factory, workshop which is required to obtain the prior permission under this Law.

No one shall violate any prohibition contained in the rules, notifications, orders, directives and procedures issued under this Law.

No one shall, without permission of the Ministry, import, export, produce, store, carry or trade any material which causes impact on the environment prohibited by the Ministry.

Whoever, without the prior permission, operates business, work-site or factory, workshop which is required to obtain the prior permission under this Law shall, on conviction, be punished with imprisonment for a term not exceeding three years, or with fine from a minimum of one hundred thousand kyats to a maximum of one million kyats, or with both.

Whoever violates any prohibition contained in the rules, notifications, orders, directives and procedures issued under this Law shall, on conviction, be punished with imprisonment for a term not exceeding one year, or with fine, or with both.

Whoever shall:

(a) if convicted under section 32, be passed an order to compensate for damage due to such act or omission;

(b) if ordered under sub-section (a), and fails to pay the compensation to be paid, be recovered in accord with the existing revenue laws.

Whoever imports, exports, produces, stores, carries or trades any material prohibited by the Ministry due to its impact on environment shall, on conviction, be punished with imprisonment for a term from a minimum of three years to a maximum of five years, or with fine from a minimum of one hundred thousand kyats to a maximum of two million kyats, or with both. Moreover, he shall incur the expenditure for the treatment and disposal of such material until the process that has no impact on the environment.

In prosecuting an offender under this Law, prior sanction of the Ministry shall be obtained.

The relevant Government department, Government organization authorized to issue license, permit or register for enabling operation of category of business, work-site or factory, workshop which is required to obtain the prior permission shall issue such license, permit, or register only to the business, work-site or factory, workshop which has obtained the prior permission under this Law.