The National Council for Peace and Order (NCPO) issued an order, which came into effect on 8 March 2016, to amend the Enhancement and Conservation of National Environmental Quality Act (1992), allowing state agencies overseeing certain state-owned projects to request cabinet approval to seek private contractors, while environmental impact assessment (EIA) results are being finalized.
Under the law, an EIA is required for state-owned projects that may impact the quality of the environment, natural resources, and the heath of an affected community. For those that may have a serious impact, an environmental and health impact assessment (EHIA) is required. Through the EIAs/EHIAs, preventive and mitigating measures of environmental impacts must be identified and incorporated into the planning of projects. An EIA/EHIA report must also be submitted to, and approved by, expert committees under the Office of Natural Resources and Environmental Policy and Planning. Certain types of major projects must also be further submitted for cabinet approval. Given the numerous steps and procedures involved, it can take as long as eight years before the EIA/EHIA report is approved by cabinet – and only then will the project be allowed to start.
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Business Law Digest is compiled with the assistance of BAKER & MCKENZIE. Readers should not act on this information without seeking professional legal advice. You can contact Baker & McKenzie by e-mailing Danian Zhang at danian.zhang@bakermckenzie.com, or for general enquiries contact Anand Ramaswamy at anand.ramaswamy@bakermckenzie.com
