Laws and Regulations

National Laws and Regulation

Myanmar enacted its first environmental policy in 1999 to integrate environmental governance and national economic development programme (UNDP, 2016). As new environmental challenges arise, Myanmar is formulated a new national environmental policy called the National Environmental Policy of Myanmar to reinforce three principles: clean and healthy environment, sustainable development, and environmental protection and management (Government of Myanmar, 2019). In the first principle, a zero-waste approach will be applied. Waste will be minimised from the source since it is more cost effective than recovery action. Entities will be compelled to promote clean production.

Besides its national environmental policy, Myanmar has other regulations closely related with the marine environment and solid waste management.

1. National Sustainable Development Strategy for Myanmar (2009)

   The section on environmental quality management and enhancement states that a solid waste management programme and the environmentally sound management of toxic chemicals and hazardous waste must be promoted.

2. Environmental Conservation Rules (2014)

   Chapter IX of the rules deals with waste management. The Ministry of Environmental Conservation and Forestry, in coordination with government departments and organisations, is responsible for specifying hazardous waste derived from industry, agriculture, mineral production, livestock and fisheries, waste disposal, and other activities (Article 41).  They are also responsible for supporting the development of facilities to manage solid and liquid waste as well as gas emissions that contain hazardous materials (Article 42). Industries that generate hazardous waste are to establish waste treatment facilities. The Environmental Conservation Department is responsible for monitoring and reporting industries that violate the rule (Article 45). At an individual level, all persons are prohibited from emitting, disposing, and piling up hazardous waste at any place where it can directly or indirectly harm the surrounding environment (Article 69a). No one should perform any activity that might damage the environment (Article 69b).

3. Environmental Impact Assessment Procedure (2015)

   The Ministry of Environmental Conservation and Forestry shall determine waste management practices, encompassing limit of types, categories, and amount of waste, method and system of waste collection, storage, handling, transport, treatment, and disposal, and recycling or reuse of waste (Article 89) (Ministry of Environmental Conservation and Forestry, 2015).

4. Procedure on Transboundary Movement of Hazardous Wastes and Other Wastes (2023)

   On 7th June 2023, Myanmar formalized its approach through Notification No. 74/2023, which introduced the Procedure on Transboundary Movement of Hazardous Wastes and Other Wastes.. Myanmar does not allow any types of waste to be transported through its territory to third countries (transit trade). For the export of hazardous waste, a request must be submitted along with necessary environmental recommendations and required information. Strict bans prohibit the import of any waste classified as hazardous under the Basel Convention. Recycled plastic scrap and other scrap materials can be imported if (a) they are clean and homogenous, (b) directly used as raw materials in the production process, and (c) not available locally.