1 environmental study of the lancang-mekong devlopment plan Study background Photo: Petro Kotze (ICEM) 1. Introduction The key aspects of the full LMDP are: The Mekong is one of the world’s great rivers. To upgrade several cargo ports: Ban Sai, Xieng Running through six countries – originating in Kok, Muong Mom, Ban Khouane, Houay Xay, PR China, continuing to form the international Pak Beng, Luang Prabang, Chiang Saen and borders between Myanmar and Lao PDR, then Chiang Khong. Only Houay Xay, Pak Beng, Luang between Lao PDR and Thailand before it flows Prabang, Chiang Saen and Chiang Khong are onward to Cambodia and Viet Nam. It is of in the ES study area and Chiang Saen port has fundamental cultural, ecological and economic already been upgraded. importance to the entire Mekong region, meaning that much is at stake when choices Partial clearing of 146 rapids, rocky outcrops and regarding the development of the river are shoals to allow navigation for up to 500DWT made. vessels in the whole stretch covered under the JCCCN between Simao, PR China and Luang 1 Prabang, Lao PDR . 23 dangerous areas have been 2. the proposed developments surveyed by the MRC in the study area – which are assumed to be targeted for clearing under the 2.1 Lancang Mekong Navigation Plan LMDP and hence assessed under the ES. Construction of four emergency response and In February 2016, the Joint Committee on rescue ships and 1199 aids to navigation. Coordination of Commercial Navigation (JCCCN) on the Lancang-Mekong River (JCCCN) gave Promoting increased shipping, trade, passenger conditional approval for the ‘Development Plan transport from Yunnan province to Luang of International Navigation on the Lancang- Prabang. Mekong River (LMDP) 2015-2025’. The JCCCN comprises representatives from Lao PDR, 1 It is understood that most of the Thailand, PR China and Myanmar with MRCS as rapids upstream of the Golden Triangle have already been an observer. The committee is covered by a joint cleared hence the focus agreement for commercial navigation between of this study is on the Simao in PR China and Luang Prabang in Lao Golden Triangle to Luang Prabang stretch. PDR. However, vegetation vegetation However, remains in a severely degraded state, with the majority of mangroves de mangroves of majority the with state, degraded severely a in remains - stroyed stroyed by war and the rapid expansion of shrimp farming in the early early the in farming shrimp of expansion rapid the and war by 2.1.1 Agreement on commercial navigation on Lancang-Mekong River Navigation is categorised by: Simao to boundary marker 244 (290 km) The Agreement on Commercial Navigation on the 1 2000s. Lancang-Mekong River, signed at Tachileik on 20 for vessels of 300 DWT; April 2000, forms the legal basis of the opening of the Upper Mekong for international navigation. Boundary marker 244 to Houay Xay (300 The Parties to this Agreement are People’s Republic 2 km) for vessels of 150 DWT throughout of China, Lao PDR, Myanmar and Thailand. The the year and 200-300 DWT seasonally; and aim of the agreement is to develop international passenger and cargo transportation among the Houay Xay to Luang Prabang (300 km) - Contracting Parties on the Lancang-Mekong River, 3 has never been improved and maintained to promote and facilitate trade and tourism, and and is currently navigable for vessels of 60 strengthen cooperation in commercial navigation. ton in the dry season. Vessels of any Contracting Party are entitled to sail freely between Simao in China and Luang Prabang in Lao PDR according to the provisions of this The planning goals under the LMDP are: Agreement and the relevant rules and regulations jointly adopted by the Contracting Parties. To make the total length of the JCCCN Lan- cang-Mekong navigable for 500 DWT ves- The JCCCN was established to oversee the sels by 2025; and implementation of the agreement and develop regulations for navigation safety, emergency To upgrade the ports of Ban Sai, Xieng Kok, response and trade facilitation. The JCCCN Muong Mom, Ban Khouane, Houay Xay, comprises representatives from transport Pak Beng, Luang Prabang, Chiang Saen and departments from Lao PDR, Thailand, PR China Chiang Khong. and Myanmar. The current navigable river section is 890 kilometres long from Simao, China, to Luang Prabang, Lao PDR. 2 However, vegetation vegetation However, remains in a severely degraded state, with the majority of mangroves de mangroves of majority the with state, degraded severely a in remains - stroyed stroyed by war and the rapid expansion of shrimp farming in the early early the in farming shrimp of expansion rapid the and war by 2000s. 2.1.2 Environmental assessment framework This stretch of the river encompasses portions of Phase 1, however it could not be determined of the administrative units of western Luang to what standard and how the assessment would Prabang Province, northern Sainyabuli Province, be approved. The approval of the EIA would be southern Oudomxay Province and southern particularly complex as all but one of the ports Bokeo Province, Lao PDR, as well as part of (Chiang Khong) will be constructed in Lao PDR northern Chiang Rai Province (Chiang Saen and the navigation improvements will take place District), Thailand. Prior to undertaking any port in both Lao PDR and Thai waters. Separate EIAs construction or waterway improvement, the should be prepared for each of the ports and for environmental law and assessment framework specific sections of the river in relation to waterway would need to be considered in both Lao PDR improvement projects to ensure approval by and Thailand. Table 1 provides a summary of the the Government of Lao PDR and Thailand under environmental assessment framework and the relevant environmental protection law. The JCCCN size and type of project/activities that require an would also need to ensure transboundary and environmental impact assessment (EIA). The draft cumulative impacts are considered. LMDP states that an EIA will be conducted as part Table 1: Environmental law and assessment framework Country Law Size and type of project/activ- Environmental assessment framework ities for IWT Lao PDR Environmen- Not specified Initial Environment Examination (IEE): mi- tal Protection nor environmental impacts Law 2013 SEA: process of assessing environmental and social impact while developing strategies and programs undertaken by sectors EIA: assessing environmental and social im- pacts from investment projects or activities Thailand National Port: Capacity of vessels more EIA Environmental than 500 DWT, berth length Quality Act more than 100m or total area is EMP and monitoring 1992 more than 1000m2 Recreational port: Capacity of more than 50 vessels 3 Figure 1: Scope of application of the As the LMDP will be implemented within multiple transboundary EIA guidelines flowchart countries - PR China, Myanmar, Lao PDR and The MRC has developed Guidelines for Thailand – these are all considered ‘Countries of Transboundary Environmental Impact Assessment Origin’ under the TbEIA Guidelines. The potential (TbEIA) in the Lower Mekong Basin2 to specifically transboundary impacts of the LMDP works to be deal with assessing potential transboundary conducted within each country will need to be impacts of projects falling into the scope of 1995 considered separately within each respective EIA. Mekong Agreement. The scope and application of the TbEIA Guidelines is shown below in figure 1. *The TbEIA Guidelines also apply to the Pak Beng HPP. Does the project belong to a group relevant to the Me- kong Agreement, i.e.: (a) Hydropower projects; No (b) Irrigation schemes; This guideline does not apply (c) Ports, riverworks and nav- igation projects; (d) Industrial and mining projects; (e) Aquaculture projects Yes Does the project require an EIA No Country of Origin informs other within the Country of Origin? member countries in accordance with the PNCPA procedure. Yes The EIA authority within the Country of Origin instructs proponent to consider potential transboundary impacts 2.1.3 The Lancang-Mekong Cooperation Mechanism reduction. The LMCM is much broader than The LMCM was launched in November 2015 and other Mekong agreements, such as the Greater is a six-country collaboration agreement between Mekong Subregion (GMS), which has the same China, Myanmar, Lao PDR, Thailand, Cambodia, membership and MRC agreement. There are also and Vietnam. The agreement covers five priority potential linkages with the Asian Infrastructure areas: 1) interconnectivity (transport, power and Investment Bank (AIIB) launched in January 2016. communications); 2) production capacity; 3) cross- The arrangements for member countries to assess border economic cooperation; 4) water resources sustainability implications of developments remain and cooperation on agriculture and; 5) poverty uncertain. 2 http://www.mrcmekong.org/assets/Publications/TbEIA-Guidelines-Final-version-25-9-2018.pdf 4 2.2 Pak Beng hydropower project During the scoping phase of this LMDP ending (insignificantly beyond) where the Mekong environmental study, it became evident that the enters Thailand a few kilometers upstream of Pak Lao PDR Government would initiate the MRC Tha. The Pak Beng HPP is therefore assessed as Procedures for Notification, Prior Consultation a scenario in the impact assessment phase in this and Agreement (PNPCA) process for the Pak Beng project. The proposed Pak Beng HPP is to be a hydropower project (HPP). concrete run-of-river gate dam (64m high or 47m from river bed x 900m long), as shown in Figure The Pak Beng Hydropower Project (PBHPP) is 3. There will be navigation locks for 500DWT located approximately 14 km upstream of Pak Beng boats and the dam is also planned to include a town on the Lancang-Mekong River in northern Lao fish passage cement canal of 1.6 km length and PDR. The dam reservoir extends approximately 96 10 m bottom width. The increase in water level at km upstream of the dam site (Figure 2), effectively the dam will be approximately 27 m.