Esia for Seismic Activity – Ep 3 Block, Myanmar

2017

Arcadis India Pvt. Ltd.

[ESIA FOR SEISMIC ACTIVITY – B-2 BLOCK, MYANMAR] – VERSION-3

Prepared For:

ONGC Videsh Ltd. ESIA for Seismic Activity - B-2 Block, Myanmar

Document History and Version

Revision Date Issued Revision Type

1 March 2015 Draft ESIA report prepared by the consultant

2 April 2015 Final ESIA report submitted to MoECAF Final ESIA (version-2) submitted after incorporation of 3 September 2016 ECD Comments Final ESIA (version-3) submitted after incorporation of 4 March 2017 comments received from Review Team of MoECAF held on 26th January 2017 in Nay pyi taw

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Contents Abbreviation ...... 9 1 Executive Summary ...... 11 1.1 Executive Summary in English ...... 11 1.2 Executive Summary in Myanmar Language ...... 15 2 INTRODUCTION ...... 21 2.1 Background Of The Block B-2 ...... 22 2.2 Presentation of the Project Proponent ...... 22 2.3 Presentation of The Environmental and Social Experts ...... 22 3 Policy, Legal and Institutional Framework ...... 24 3.1 Corporate QHSE Policy - ONGC Videsh ...... 24 3.2 Policy and Legal Framework, including existing applicable laws and rules, international conventions, treaties and agreements, and national and international standards and guidelines ...... 26 3.2.1 The Ramsar Convention on Wetlands ...... 26 3.2.2 The Convention on Biodiversity ...... 26 3.2.3 Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES)...... 27 3.2.4 Environmental Manual for World Wide Geophysical Operations ...... 27 3.2.5 IAGC Land HSE Manual ...... 27 3.2.6 WHO Guidelines for Drinking Water Quality ...... 27 3.2.7 National Environmental Policy 1994...... 28 3.2.8 Myanmar Agenda 21 (1997)...... 28 3.2.9 Environmental Conservation Law 2012 ...... 29 3.2.10 Environmental Conservation Rule (5th June, 2014)...... 29 3.2.11 Environmental Impact Assessment Procedure (2015) ...... 29 3.2.12 Forest Law 1992 ...... 30 3.2.13 Conservation of Water Resources and Rivers Law 2006 ...... 30 3.2.14 Protection of Wildlife and Protected Areas Law 1994 ...... 31 3.2.15 Rules on Protection of Wildlife and Protected Area Conservation Law (2003) ...... 31 3.2.16 The Foreign Investment Rules (Jan 2013) & the Foreign Investment Law (Nov 2012) & Myanmar Investment Commission, Notification No. I/2013 and No. 50/2014 ...... 31 3.2.17 The Oilfield Act (1918) & the Petroleum Act (1934) ...... 32 3.2.18 Prevention of Hazard from Chemical and Related Substances Law (26th August 2013) ...... 33 3.2.19 The conservation of Water Resources & River Law, 2006 ...... 33

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3.2.20 Laws for Land Acquisition ...... 33 3.2.21 Laws for Labour Engagement ...... 34 3.2.22 The Protection and Preservation of Cultural Heritage Region Law, 1998 ...... 35 3.3 Contractual and Other Commitments...... 37 3.4 Institutional Framework ...... 37 3.5 Project’s Environmental and Social Standard ...... 38 3.6 Health Standard for Project with Health Impact ...... 39 4 Project Description and Alternative Selection ...... 40 4.1 Project Background ...... 40 4.1.1 Description of Block ...... 40 4.1.2 Environmental Setting of Seismic Lines...... 41 4.2 Project Location, Overview Map & Site Layout Map...... 50 4.2.1 Location ...... 50 4.2.2 Accessibility...... 54 4.3 Project Development and Implementation Time Schedules ...... 56 4.4 Description of Project ...... 58 4.4.1 Area / Land Scouting & Source Point Positioning...... 58 4.4.2 Line Clearance ...... 58 4.4.3 Shot Hole Drilling ...... 58 4.4.4 Loading and Detonation of Explosive ...... 59 4.4.5 Recording...... 59 4.4.6 Decommissioning ...... 59 4.4.7 Data Interpretation...... 59 4.4.8 Accommodation and Campsites...... 60 4.4.9 Power Supply...... 60 4.4.10 Water Consumption and Supply...... 60 4.4.11 Explosive Storage & Transport ...... 60 4.4.12 Fuel Consumption & Storage ...... 60 4.4.13 Manpower / Employment...... 60 4.4.14 Transport of Manpower and Explosive ...... 61 4.4.15 Noise and Vibrations ...... 61 4.4.16 Air Emissions ...... 61 4.4.17 Liquid Wastes ...... 61 4.4.18 Solid Wastes...... 61 4.5 Description of Selected Alternatives ...... 62 4.6 Comparison and Selection of Preferred Alternatives ...... 62 5 Description of Surrounding Environment ...... 63 5.1 Setting the Study Limits ...... 63 5.2 Methodology and Objectives ...... 63 5.3 Scoping ...... 63

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5.4 Review of Policy and Regulatory Framework ...... 64 5.5 Project Activities Considered ...... 64 5.6 Baseline Environmental and Socioeconomic Studies ...... 65 5.6.1 Primary Monitoring ...... 65 5.6.2 Targeted Survey & Studies...... 67 5.7 Impact Assessment ...... 73 5.7.1 Impact Identification...... 73 5.7.2 Impact Evaluation Methodology ...... 76 5.8 Mitigation Measures and Monitoring ...... 78 5.9 Environment and Social Management Plans ...... 79 5.10 Legally Protected National, Regional or State Areas ...... 80 5.11 Physical Environment ...... 80 5.11.1 Climate and Meteorology ...... 80 5.11.2 Air Quality ...... 81 5.11.3 Noise Quality ...... 82 5.11.4 Physiography and Topography ...... 82 5.11.5 Geology ...... 84 5.11.6 Hydrogeology ...... 86 5.11.7 Land Use ...... 88 5.11.8 Soil Quality ...... 90 5.11.9 Drainage and Watersheds ...... 92 5.11.10 Surface Water Quality...... 94 5.12 Biological Environment ...... 94 5.12.1 Objective...... 95 5.12.2 Methodology...... 95 5.12.3 Findings of study...... 100 5.12.4 Conclusion...... 118 5.13 Infrastructure and Services ...... 120 5.14 Socioeconomic Environment ...... 125 5.14.1 Methodology...... 125 5.14.2 Socioeconomic Profiling ...... 127 5.15 Public Health Components ...... 136 5.16 Cultural Components...... 137 6 Impact and Risk Assessment and Mitigation Measures...... 139 6.1 Impact and Risk Assessment Methodology ...... 139 6.2 Assessment of Impacts ...... 140 6.2.1 Potential Impact on Land Use ...... 140 6.2.2 Potential Impact on Soil Quality ...... 140 6.2.3 Potential Impacts on Air Quality ...... 142 6.2.4 Impact on Geology...... 144 6.2.5 Potential Impact from Noise & Vibration ...... 144

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6.2.6 Potential Impact on Surface Water ...... 146 6.2.7 Potential Impact of Aquifer & Ground Water Resource...... 148 6.2.8 Potential Impact on Ground Water Quality...... 148 6.2.9 Potential Impact on Ecology ...... 149 6.2.10 Potential Impact on Socio-Economic Environment...... 152 6.2.11 Impact on Job & Economic Opportunities ...... 154 6.2.12 Potential Impacts on Cultural Properties ...... 155 6.2.13 Potential Impacts on Public Safety ...... 156 6.2.14 Potential Impacts on Occupational Safety ...... 157 6.2.15 Potential Impacts on Health ...... 157 6.3 Risk Assessment & Disaster Management Plan ...... 158 6.4 Comprehensive Monitoring Plan ...... 169 6.4.1 Environmental Audit, Reporting and Review ...... 172 6.4.2 Responsibility of OVL and Sinopec ...... 172 7 Cumulative Impact Assessment ...... 174 8 ENVIRONMENTAL AND SOCIAL MANAGEMENT PLANS ...... 175 8.1 Project Description by Project Phase ...... 175 8.2 Project EHS Policy, Commitments, Legal Requirements and Institutional Arrangements ...... 175 8.3 Responsibility ...... 177 8.4 Resource Requirement ...... 178 8.5 Summary of Impact and Mitigation Measures ...... 180 8.6 Overall Budget for implementation of EMP...... 182 8.7 Environment Management Plans ...... 182 8.7.1 Air & Noise Quality Management Plan ...... 183 8.7.2 Spill Management Plan ...... 184 8.7.3 Waste Management Plan...... 185 8.7.4 Ecological or Forest Management Plan ...... 187 8.7.5 Community Management Plan ...... 189 8.7.6 Restoration/ Reclamation Plan ...... 191 8.7.7 Road Safety & Traffic Management Plan ...... 191 8.7.8 Blasting Management Plan ...... 193 8.8 Capacity Building ...... 196 8.9 CSR projects ...... 197 9 Public Consultation and Disclosure ...... 203 9.1 Methodology & Approach ...... 203 9.2 Summary of Consultations and activity undertaken...... 203 9.3 Results of Consultations ...... 207 9.4 Further ongoing consultations ...... 207 9.5 Disclosure ...... 207

P a g e | 5 March 17 | OVL ESIA for Seismic Activity - B-2 Block, Myanmar List of Tables

Table 3-1: Key Environmental and Social Rules and Regulation applicable on the Project ...... 35 Table 3-2: Environmental Standards – Sewage and Drilling Fluids ...... 38 Table 3-3: Environmental Standard – Ambient Noise...... 38 Table 3-4: Myanmar Health Legislation ...... 39 Table 4-1: Summary of description of seismic lines ...... 50 Table 4-2: Block B-2 Bounding Coordinates ...... 51 Table 4-3: Drill Cuttings Generated per Shot Hole ...... 59 Table 5-1: Surface Water Sampling Locations ...... 65 Table 5-2: Ground Water Sampling Locations ...... 66 Table 5-3: Soil Sampling Locations ...... 66 Table 5-4: Noise Monitoring Locations ...... 67 Table 5-5: Impact Identification Matrix ...... 74 Table 5-6: Impact Prediction Criteria ...... 77 Table 5-7: Criteria for Significance Impact ...... 78 Table 5-8: List of Forest along with Designated Status in B-2 Block...... 103 Table 5-9: Vesicular Plant Species within B-2 Block ...... 103 Table 5-10: Habitwise Plant Species within B-2 Block ...... 107 Table 5-11: Species of Medicinal Plant within the B-2 Block...... 108 Table 5-12: Species of Butterflies recorded within B-2 Block ...... 114 Table 5-13: Avifaunal Species recorded within the B-2 Block ...... 114 Table 5-14: Fish Species recorded within the B-2 Block ...... 117 Table 5-15: Infrastructural Facilities in Consulted Villages ...... 124 Table 5-16: Stakeholder Consultation...... 126 Table 5-17: Socio-Economic, Religious and Caste Profile of Villages in study area ...... 129 Table 5-18: Principal Livelihood in Consulted Villages ...... 132 Table 5-19: Information on Crop Yield and Price ...... 132 Table 5-20: Livestock Recorded in Surveyed Village ...... 132 Table 5-21: Workforce Participation in Myanmar ...... 134 Table 6-1: Risk Assessment ...... 160 Table 6-2: Environmental Monitoring Plan ...... 169 Table 6-3: Reporting and Review Mechanism ...... 172 Table 8-1: Roles and Responsibilities for Implementation of EMP (Seismic Survey B-2) ...... 179 Table 8-2: Impact and Mitigation Measures Summary ...... 180 Table 8-3: Training Plan for Locals ...... 197

P a g e | 6 March 17 | OVL ESIA for Seismic Activity - B-2 Block, Myanmar List of Figure Figure 4-1: Stretches of Agricultural Lands Traversed by the Seismic Lines ...... 44 Figure 4-2: Stretches of Forest Lands Traversed by the Seismic Lines ...... 45 Figure 4-3: Stretches of Settlements Traversed by the Seismic Lines ...... 46 Figure 4-4: Stretches of Seismic Lines Passes Through Water Bodies ...... 47 Figure 4-5: Stretches (Percentage) of Seismic Lines Passes through Different Land Use...... 48 Figure 4-6: Seismic Lines Through Different Land use ...... 49 Figure 4-7: Regional Setting Map...... 52 Figure 4-8: Block Setting Map...... 53 Figure 4-9: Accessibility Map ...... 55 Figure 5-1: Location Map of 8 Villages selected for Socioeconomic Profiling ...... 72 Figure 5-2: Topography Map of the Block ...... 83 Figure 5-3: Location of B-2 Block on Geological Map of Myanmar ...... 85 Figure 5-4: Aquifer Map of B-2 Block ...... 87 Figure 5-5: Land Use Cover (%) in B-2 Block...... 88 Figure 5-6: Land Use/Land Cover Map of B -2 Block ...... 89 Figure 5-7: Soil Map of B-2 Block...... 91 Figure 5-8: Drainage Map of B-2 Block...... 93 Figure 5-9: Bio Geographical Provinces Map of Indo Malayan Realm ...... 94 Figure 5-10: Protected Areas of Myanmar ...... 97 Figure 5-11: Key Biodiversity Areas of Myanmar ...... 98 Figure 5-12: Conservation Corridor Areas in Myanmar ...... 99 Figure 5-13: Major Forest Types of Myanmar ...... 101 Figure 5-14: Forest Map of B-2 Block ...... 102 Figure 5-15: Percentage of Habits Recorded within B2 Block...... 107 Figure 5-16: Types of Village Houses within the B-2 Block...... 120 Figure 5-17: Types of Village Houses within the B-2 Block...... 123 Figure 5-18: Types of Livelihood within the Study Area...... 133 Figure 5-19: Types of Livelihood within the Study...... 135 Figure 5-20: Structure of Cultural Values ...... 138 Figure 6-1: Risk Matrix ...... 159 Figure 8-1: Organization chart – HSE Unit ...... 176

P a g e | 7 March 17 | OVL ESIA for Seismic Activity - B-2 Block, Myanmar List of Annexure

Annexure I: Pictures of Surface Water Quality Monitoring ...... 209 Annexure II: Pictures of Sampling of Soil Samples ...... 210 Annexure III: Pictures of Sampling of Ground water ...... 211 Annexure IV: Method of Phyto-sociological Studies ...... 212 Annexure IV: Socioeconomic Survey Questionnaire ...... 213 Annexure V: Minutes of Meeting with Stakeholders ...... 215 Annexure VI: Stakeholder’s participants list ...... 217 Annexure VII: Do’s and Do not’s for Seismic Survey in Forest...... 221 Annexure VIII: Do’s and Do not’s for Seismic Workers ...... 222 Annexure IX: Details of Phytosociological Analysis ...... 223 Annexure – X: List of Ecologically Protected Areas in Myanmar ...... 229 Annexure – XI: List of Area in Myanmar proposed to be Natural Areas (Clause 15 b) ...... 230 Annexure – XII: Emergency Prepardness and Response Plan – Seismic Survey ...... 231 Annexure – XIII: Emergency Prepardness and Response Plan – Shot Hole Drilling...... 232 Annexure – XIV: Safety and Health Plan for Labours...... 233 Annexure – XV: List of Commitments ...... 234 Annexure – XVI: Environmental and Social Legislation Details ...... 235 BIBLIOGRAPHY ...... 236

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Abbreviation

MOECAF: Ministry of Environmental Conservation and Forestery ECD: Environmental Conseravtion Department MOGE: Myanmar Oil and Gas Enterprise MOE: Ministry of Energy OVL: ONGC Videsh Ltd. PSC: Production sharing Contract ESIA: Environmental & Social Impact Assessment EIA: Environmental Impact Assessment APHA: Standard Methods for Water and Wastewater Analysis ADB: Asian Development Bank IFC: International Finance Corporation EMP: Environmental Management Plan GW: Ground water AQ: Air Quality SW: Surface water NQ: Noise Quality NCEA: National Commission of Environmental Affairs CITES: Convention on International Trade in Endangered Species IAGC: International Association of Geophysical Contractors IUCN: International Union for Conservation of Nature WHO: World Health Organization HSE: Health safety & Environment EHS: Environment Health & Safety PSC: Production Sharing Contract KBAs: Key Biodiversity Areas BS: Bird Sanctuary MP: Mountain Park NP: National Park NR: Natural Reserve PA: Protected Area WP: Wildlife Park WS: Wildlife Sanctuary DG: Diesel Generator

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RF: Reserve Forest MIC: Myanmar Investment Commission

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1 Executive Summary

1.1 EXECUTIVE SUMMARY IN ENGLISH

The Government of Myanmar in an effort to achieve self-sufficiency in energy has drawn up an ambitions oil and gas exploration and development program. This not only includes exploration and production from existing and new onshore and offshore block but also includes development of pipeline for transport. MOGE through process of international bidding has selected operators who would undertake exploration activities and signed a Production Sharing Contract with these operators. The Onshore block PSC B-2 was awarded to ONGC Videsh Ltd. (Operator) and Machinery Solutions Co. Ltd., Myanmar. The block B-2 is located about 310 km North of Mandalay. From Yangon, Block B-2 is 917 km far away.

The ESIA study for seismic activities was carried out from January 2015 – April 2015 through a systematic identification and evaluation of the potential impacts (effects) of a proposed project relative to the physical, biological and socioeconomic components of the environment. The activities undertaken during the ESIA process include scoping, regulatory framework review, primary baseline monitoring (Surface water, ground water, Soil, sediment, noise, hydro-geology, ecology & biodiversity), stakeholder consultations & Socio-Economic Surveys. The potential impacts arising out of the project have been assessed through a semi-quantitative system to define their significance so that they can be effectively addressed by site specific Environment Management Plans.

The ESIA report submitted in April 2015 to obtain environmental clearance was reviewed by regulatory agency of Myanmar in line with the EIA procedure established in Dec 2015. The first set of comments was raised by ECD and the updated report was submitted in September 2016 after addressing the comments/queries raised by ECD.

Another set of advices have been issued by the Review Team during ECD meeting (held on 26th January 2017 in Nay pyi taw) and all the comments have been addressed in the third version of report. Besides, addressing the comments/queries raised by ECD, this updated report has been revised in line with the requirements of EIA procedure, 2015. Reply of ECD advices with reference of updated sections in the revised report is being submitted along with cover letter.

Choronological Order of the ESIA Report:

Revision Date Issued Revision Type

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1 March 2015 Draft ESIA report prepared by the consultant

Earlier, OVL plans to undertake 2D seismic acquisition in the block for 1941 LKM. As ONGC Videsh actual 2D seismic data acquisition is lesser compared to initially plan during ESIA drafting in 2015, MOGE approved ONGC Videsh 2D seismic data in April 2016. After MOGE approval in April 2016, the new seismic lines are 555 full fold LKM (795.3 ground LKM). No new seismic lines have been introduced, only some of the lines (planned earlier in 2015) have been deleted due to which LKM is reduced from 1941 LKM to 555 full fold LKM (795.3 ground LKM). After reorientation of seismic lines, its effect with respect to different aspects covered in ESIA study such as physical, biological and socioeconomic; have been reanalyzed and relevant sections have been updated and can be considered as addendum. As a result of reorientation of seismic lines, a significant reduction in extent of seismic lines (from 1941 lkm to 795.3 lkm) and impacts associated with the lines have been observed.

As a phase wise approach, ONGC Videsh will conduct seismic survey and based on result of seismic surveys further drilling activities will be initiated. The current ESIA study has been conducted for seismic phase only. A separate ESIA study will be conducted for further drilling phase also.

Project Activity

OVL plans 19 seismic lines to undertake 2D seismic surveys, covering about 795.3 lkms within the B-2 Block. Considering land use along the seismic lines it was observed 74 lkm (approx. 9 % of the total seismic line length), 687 lkm (approx. 86%) pass respectively through agricultural land and forest land and remaining under different land use. The seismic surveys would be carried out by using explosive charges into the ground to create acoustic energy signals which would be recorded by geophones. About 1.0 m of corridor is required to be cleared of undergrowth only for laying of seismic lines. It is estimated 65 personnel would be required of which 50 personnel will be staying at the base camps and 15 people would be required to stay at fly camp. In addition, about 500 local people shall be engaged on short term basis based on the requirement. The training plan has been prepared for local people to update their skills. A maximum of 8-10 vehicles would be deployed by the project during the seismic survey. Explosives required would store in magazine in secure location and sourced daily. The safety of community and team shall be utmost priority and all the necessary safety measures shall be adopted.

Project Area

The block is located in Indaw, Banmauk, Kawlin, Wuntho, Pinlebu, Homalin and Paungbyin township of Sagaing division experience tropical monsoon climate characterized by high seasonal rainfall from May-October. Studies conducted reveal that there is not major source of air pollution. However, dust emission due to movement of

P a g e | 12 March 17 | OVL ESIA for Seismic Activity - B-2 Block, Myanmar vehicles on unpaved village roads is anticipated. There is no industrial area within the block. Other sources of pollution are domestic fuel combustion. Noise levels recorded were particularly low in settlements indicate low level of activity. B-2 falls under the watershed of the Chindwin and Irrawaddy River and is drained by seasonal as well perennial channels. Dug wells or tube wells are the prime source of drinking water. Surface water in the block area is primarily used for irrigation and bathing purpose. Agriculture land -9 % and total forest comprises 86% are the major land use in the block. The B-2 block does not have any protected habitati, Key Bio-diversity Areasii or conservation corridoriii. Main agricultural practices are Rice, pulses, Beans, Sunflower and Potato cultivation which is majorly depends on rain water (rain-fed cultivation) and localized irrigation system. Main settlements in B-2 are Pinlebu, Tashi, Tomomun, Nanagtaw, Hupat and TatKone. Most of the people are educated till primary or secondary level. Apart from agriculture the people primarily undertake fishing. Majority of households have constructed pit latrines.

Potential Impacts

The potential significant impacts identified based on Severity, Extent and Duration are:

 Impact on soil: disturbance to topsoil during drilling of shot holes, compaction of soil due to movement of vehicles, generation and disposal of waste and waste oil.

 Impact on Surface water: from shot hole drilling, liquid waste and waste water generated and discharged from camps.

 Impact on Ecology especially in base camps are setup within forest areas and also from line clearance within forest areas.

 Socio-economic impact because of cultural differences between the labors in the camps and the local people, use of shared resources and nuisance created by the camps

 The economic opportunities for the local people would have positive impact on the community.

 Potential Impact on Public Safety is envisaged from the movement of men and machinery as well as transport of explosive

 Occupational Health and Safety impacts are envisaged form handling of explosives.

Environmental Management Plans

To mitigate these impact site specific Environmental Management Plan (EMP) has been prepared for B-2. The EMP would help OVL, understand the potential environmental and social risks arising from the proposed project and plan the program so that the risks are minimized or managed. ONGC Videsh is fully committed for fulfilment of compliances as per environmental and social management plans. The EMP Includes:

 Blasting Management Plan: focusing on mitigation measures to control the impact associated with explosive storage, handling, transportation and blasting activities.

 Ecological or Forest Management Plan: focusing on safeguards to be undertaken inside forest especially inside forest areas.

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 Community Management Plan: outlining specific measures to maintain good relation with the community and at the same time ensuring community is not disadvantaged.

 Restoration & Reclamation Plan: for the restoration of shot holes and reclamation of land used for fly camp and maintenance of public property.

 Road Safety & Traffic Management Plan: outlines specific measures on community safety during movement of vehicles during seismic surveys activities.

The other plans include Air, Noise Quality Management Plan, Spill Management Plan and Waste Management Plan. The EMP assigns responsibility of the implementation of these activities among seismic contractor personnel and OVL professionals. The primary and secondary responsibility of functionaries are specified for each the activities to be undertaken. To ensure a method of check and balance audits and review procedure of weekly monitoring and fortnightly audits have been proposed. The EMP assigns responsibility of the implementation of these activities among seismic contractor personnel and OVL professionals. The financial budget has been allocated for the implementation of the EMP and CSR. For CSR, a separate budget of 95,000 USD has been allocated. However, CSR activities shall be finalized in consultation with regional government/local authorities.

Public Consultation and Disclosure

Public consultation meetings were held within villages to be familiar with the community concerns. The key concerns were related with compensation and employment opportunity. Project and seismic survey activities were discussed with the people and their concerns were replied in a satisfactorily way. People welcome the project and expected to get appropriate compensation and employment opportunity from the project.

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1.2 EXECUTIVE SUMMARY IN MYANMAR LANGUAGE

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2 INTRODUCTION

The Government of Myanmar in an effort to achieve self-sufficiency in energy has drawn up an ambitions oil and gas exploration and development program. This not only includes exploration and production from existing and new onshore and offshore block but also includes development of pipeline for transport. Appreciating that exploration and development would require latest technology, specialized knowledge and considerable investment it had invited foreign investment into this area. Myanma Oil and Gas Enterprise (MOGE) under the Ministry of Energy (MOE) is the nodal agency for undertaking this initiative.

The ESIA study for seismic activities was carried out during January 2015 – April 2015 through a systematic identification and evaluation of the potential impacts (effects) of a proposed project relative to the physical, biological and socioeconomic components of the environment. After reorientation of seismic lines, its effect with respect to different aspects covered in ESIA study such as physical, biological and socioeconomic; have been reanalyzed and relevant sections have been updated and can be considered as addendum. As a result of reorientation of seismic lines, a significant reduction in extent of seismic lines (from 1941 lkm to 795.3 lkm) and impacts associated with the lines have been observed.

The ESIA report submitted in April 2015 to obtain environmental clearance was reviewed by regulatory agency of Myanmar and a set of comments were raised. All the comments/queries are addressed in this report and references where all the sections have been updated. Besides, addressing the comments/queries raised by ECD, this updated report also includes addendum sections where seismic lines have been reoriented

2D Seismic lines for the block PSC B2 has been re-orientated with minimum 2.5 km distance from the Block Boundary (Indian Border side). No Seismic work will be carried out in the “No Man’s Land” near the India- Myanmar international border, obeying the international border rule.

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2.1 BACKGROUND OF THE BLOCK B-2

MOGE through process of international bidding has selected operators who would undertake exploration activities and signed a Production Sharing Contract with these operators. The Onshore block B-2 was awarded to ONGC Videsh Ltd. (Operator) and Machinery Solutions Co. Ltd., Myanmar. The block B-2 is located about 310 km North of Mandalay. From Yangon, Block B-2 is 917 km far away. The awarded Block is in Katha, Hkamti, Tamu, Mawleik and Myitkyina region of Saging Division.

2.2 PRESENTATION OF THE PROJECT PROPONENT

ONGC Videsh Ltd. (‘OVL’) a Miniratna Schedule “A” Central Public Sector Enterprise (CPSE) of the Government of India under the administrative control of the Ministry of Petroleum & Natural Gas is the wholly owned subsidiary and overseas arm of Oil and Natural Gas Corporation Limited (ONGC), the flagship national oil company (NOC) of India. In October, 2013, ONGC Videsh was awarded two onshore blocks namely B2 and EP-3 in the Myanmar Onshore Bidding Round 2013. PSCs for these blocks have been signed on 8th August, 2014.

OVL has made contract with Sinopec International Petroleum Service Corporation to execute the seismic survey in this block. Sinopec in direct supervision of OVL will execute the seismic phase of the project. OVL takes responsibility and will ensure the implementation of EMP and HSE in this project through Sinopec.

Sinopec International Petroleum is the wholly owned subsidiary of Sinopec Group. Sinopec is experienced contractor and technical service provider in petroleum exploration and production related services.

2.3 PRESENTATION OF THE ENVIRONMENTAL AND SOCIAL EXPERTS

SENES Consultants is a professional service organization providing specialized and sustainable solutions in the field of Environment Management. It was founded in 2001and as a wholly owned Canadian company, SENES consultants with a highly qualified, dynamic and committed team of professionals has been successfully engaged in various industrial projects in the sector of oil and gas, establishment of industrial cluster, urban environment, climate change and GIS services.

In 2013, merger of SENES with Arcadis (Netherlands based company) initiated and now SENES is fully merged with Arcadis and known as Arcadis India Pvt. Ltd. Arcadis is the leading global design and consultancy firm for natural and built assets. It is a global firm with 27,000 people and active in over 70 countries. Arcadis India (Formerly known as SENES) is an organization accredited by Quality Council of India (QCI), India for projects in Oil & Gas sector.

In the EIA study of B-2 block, Arcadis India has engaged A.M.K Associates, Yangon, Myanmar for the baseline data collection and consultation. A.M.K. Associates is a

P a g e | 22 March 17 | OVL ESIA for Seismic Activity - B-2 Block, Myanmar registered company in Myanmar. A.M.K. Associtates has been engaged in ESIA study and environmental monitoring in number of projects in Myanmar.

The ESIA cover all the aspect and activities covered during the seismic surveys within the boundaries of the B-2 Block. As a phase wise approach, ONGC Videsh will conduct seismic survey and based on result of seismic surveys further drilling activities will be initiated. The current ESIA study has been conducted for seismic phase only. A separate ESIA study will be conducted for further drilling phase also.

ESIA Team

Role Team & Company Baseline data collection Mr. Joey (A.M.K. Associates, Geologist with 20 years of experience) and Team Environmental monitoring Mr. Joey (A.M.K. Associates, Geologist with 20 years of experience), Mr. Thaung Lewin (A.M.K. Associates, Geologist, Previously worked with MOGE, 25 years of Experience) and team Socio-economic Interview and Mr. Lewin (A.M.K. Associates, Geologist, Previously worked Public Consultation Meetings with MOGE, 25 years of Experience) Mr. Young (Machinery & Solutions Ltd., Geologist with 8 years’ Experience) Mr. TunTun (MoGE Representative) Mr. Dhirendra Pratap Singh (Senes Consultant, M.Sc. Social Expert with 8 years of experience) Mr. U. Kyaw Zaww Han – Manager (C&S) – ONGC Videsh Ltd.) Mr. U. Sann Aung - Asst. Manager (Ops/safety & Logistic) Mr. U. Tun Tun Win -Sr. Geologist (M&S) Mr. U. Aung Kyaw Soe – MOGE. Mr. U Myint Than – MOGE Sinopec Compensation officer International Biodiversity Mr. Prakash Dash (Senior Ecologist in Senes Consultant, M.Sc. in Environmental Science with 20 years of experience) Local Biodiversity Mr. Joey, (A.M.K. Associates, Geologist with 20 years of experience) and Team Mr. Thaung Lewin (A.M.K. Associates, Geologist, Previously worked with MOGE, 25 years of Experience) GIS Analysis Mr. Nasir (Senes Consultant, GIS and Remote Sensing Expert with 8 years of Experience) Environmental Analysis Mr. Girish Shukla (Senes Consultant, Environmental Expert, M.Sc. in Environmental Management, 10 years of Experience)

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3 Policy, Legal and Institutional Framework

The Government of the Republic of the Union of Myanmar is committed to protect the environment and procedure of EIA has been published on 29th December 2015 under which project has been categorized and requirement of IEE and EIA has been stated under the procedure. This chapter summarize the key environmental legislation and standards applicable to the project. Large scale development projects need thorough understanding of the country’s legal framework and institutional mechanism to identify the statutory requirement and comply with the same. For the proposed seismic surveys of ONGC Videsh in B-2 block in Myanmar the regulatory and institutional frame applicable has been identified, analyzed and presented in this chapter. Additionally, international best practices/guidelines on management of environment, occupational health and safety aspects associated with geophysical operations have also been discussed including some key Environmental Conventions/Agreement to which Myanmar is signatory. Seismic line route has been planned in such a way so that no public infrastructure, households and railway line will be affected. A safe distance will always be maintained from households, railway line and water bodies therefore permission related with the concerned department such as households and railway would not be required.

3.1 CORPORATE QHSE POLICY - ONGC VIDESH

ONGC Videsh has implemented QHSE Management System at its corporate level and is certified for ISO 9001:2015, ISO 14001:2015 & OHSAS 18001:2007.

ONGC Videsh has well defined ‘Integrated QHSE & Risk Management Policy’, whereby Management is committed to compliance to all applicable legal & other requirements; sustainable development; prevention of pollution, injury and ill health apart from other aspects of HSE.

Environment Impact Assessment (EIA) is carried out and environmental licenses and any other required permits/ permissions are obtained before start of any operational activities. HSE Management System is developed based on ISO 14001 and OHSAS 18001, which are internationally recognized Standards on Environment and OH&S Management Systems. All aspects of HSE are ensured through proper planning, implementation, checking, monitoring and review like Hazard identification and Risk assessment, Work permit system, Safe operating procedures etc. Audits, both internal & external are being carried out to check the HSE compliance levels and observations, if any are complied with.

For handling any emergency, Emergency Response Plans are prepared well in advance. Mock drills are carried out at regularly and tie up with the local service providers and experts are made to handle any emergency/ crisis.

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ONGC Videsh has well laid down policy on occupational health and carries out periodic medical examination of its employees at periodic intervals.

As a responsible corporate and as Company’s commitment to social responsibility and sustainability, ONGC Videsh carries out community development activities in its overseas projects.

QHSE & Risk Management Policy

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3.2 POLICY AND LEGAL FRAMEWORK, INCLUDING EXISTING APPLICABLE LAWS AND RULES, INTERNATIONAL CONVENTIONS, TREATIES AND AGREEMENTS, AND NATIONAL AND INTERNATIONAL STANDARDS AND GUIDELINES

(A) INTERNATIONAL CONVENTIONS

Myanmar is a signatory to a number international conventions/ agreements related to biodiversity conservation, wild life protection etc. This is considered to be important as OVL and its contractor need to adhere to these Convention commitments/obligations made by Myanmar during the implementation of the proposed project.

3.2.1 The Ramsar Convention on Wetlands

The Ramsar Convention on Wetlands is an international agreement that Myanmar signed in 2005, which requires governments to designate at least one wetlands area of international importance to conserve. If there are ecological changes to the protected wetlands, the government of that country must inform the Convention of the same and take adequate measures to protect the same. Burma’s only designated wetland is the 256-hectare Moyingyi Wetland Wildlife Sanctuary.

Applicability on Project:

 Moyingyi Wetland Wildlife Sanctuary is not located in the B-2 exploratory block therefore this law is not applicable on the proposed project.

3.2.2 The Convention on Biodiversity

The Convention on Biodiversity, which has been in place since 1993, is a legally binding international agreement on protecting biodiversity. Myanmar as a signatory to this Convention is required to identify the species and ecosystems that need to be conserved; to establish protected areas; to restore degraded ecosystems; to preserve and respect traditional knowledge; to control alien species and the risks of biotechnology; to carry out public education on biodiversity; and to encourage public participation, especially in assessing the risks of development projects to biodiversity.

Applicability on project:

 Consistent with the requirement of law, ONGC Videsh has already undertaken an environmental impact assessment of its proposed operations to identify, assess and evaluate the potential environmental impact on biodiversity, physical and socio-economic components.

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3.2.3 Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES)

CITES lists species that cannot be traded internationally at all and species that can only be traded internationally under specific circumstances. Myanmar’s accession to CITES on 13 June 1997 is considered to be significant to prevent wildlife trade leading to the overexploitation of wildlife populations in the country.

Applicability on project:

 In view of the proposed seismic operation, ONGC Videsh shall take necessary preventive measures to ensure that the contractor workers residing at the base camp are not involved in any wild life trade.

(B) INTERNATIONAL BEST PRACTICES/GUIDELINES

In addition to demonstrating conformity to regulatory requirement as discussed above the proposed seismic operations by ONGC Videsh will also be governed by various international best practices and guidelines as discussed below.

3.2.4 Environmental Manual for World Wide Geophysical Operations

This Environmental Manual has been prepared by International Association of Geophysical Contractors (IAGC) to provide the industry with useful information for conducting geophysical field operations in an environmentally sensitive manner. It also continues to serve as a basis for OVL and contractors to assure the public and regulators that their geophysical activities will comply with best practices and regulations.

3.2.5 IAGC Land HSE Manual

The manual highlights areas of concern and provides industry best practice guidance to manage workplace health and safety risks associated with geophysical operations. This manual is to serve as a supplement to the internal HSE policies and procedures of ONGC Videsh to control and mitigate all hazards at all work locations. The contractors deployed by ONGC Videsh for seismic survey like all geophysical companies throughout the industry are expected to comply with all aspects of the guidelines while applying prudent operating practices and procedures in the conduct of their work. The contractors work will be monitored and audited.

3.2.6 WHO Guidelines for Drinking Water Quality

World Health Organization (WHO) develops international norms on water quality and human health which are used as the basis for regulation and standard development, by individual nations. With the absence of drinking water quality standards in Myanmar the groundwater monitoring results (undertaken as part of the environmental monitoring

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program of the ESIA study) have been compared with WHO drinking water quality guidelines to establish the ground water quality in the B-2 exploratory block

Understanding of the policies which led to the regulatory framework is important to interpret the spirit of the laws. Review of regulatory framework of Myanmar reveals that formulation and adoption of majority of the environmental laws in country has been undertaken in consistent with the Myanmar Environmental Policy 1994 and Agenda-21 principles and objectives. This section outlines the key environmental regulations in Myanmar and their applicability with respect to the proposed geophysical operations of ONGC Videsh.

3.2.7 National Environmental Policy 1994

The Government of the Union of Myanmar adopted the National Environment Policy of Myanmar on 5 December 1994 with the aims to establish sound environment policies in the utilization of water, land, forests, mineral, marine resources and other natural resource in order to conserve the environment and prevent its degradation. The Policy calls for the integration of environment and development to achieve sustainable development in the country.

To achieve this objectives, Govt. of Union of Myanmar formulated various environmental laws viz. – Environmental Conservation Law 2012, Forest Law 1992, Protection of Wildlife and Conservation of Natural Areas Law 1994 etc.

Applicability on project:

 The laws made under National Environmental Policy 1994 are applicable on the proposed project and will be complied by OVL.

3.2.8 Myanmar Agenda 21 (1997)

Myanmar Agenda 21 was adopted by the National Commission of Environmental Affairs (NCEA) in 1997. The main purpose of formulating the agenda is to provide a framework of programs and actions for achieving sustainable development in the country. In line with the Agenda-21 principle of “institutionalization of EIA systems and procedures” Myanmar has formulated a draft Environmental Impact Assessment (EIA) Rules under the Environmental Conservation Law 2012 by which EIA process has been established to appraise any project/development activity likely to pose potential environmental and social risks/impacts. In Dec, 2015, Environmental Impact Assessment Procedure has been finalized by Myanmar Government.

Applicability on project:

 As the proposed project is onshore seismic survey in O&G block and included in the Annexure -1 of the EIA procedure therefore obtaining environmental clearance certificate is mandatory prior to initiate the work.

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3.2.9 Environmental Conservation Law 2012

The law aim at implementation of the Myanmar Environmental Policy and lays down the basic principles and give guidance for systematic integration of the matters of environmental conservation in the sustainable development process. It tries to promote development and at the same time conserve natural and cultural heritage. The Ministry of Environmental Conservation and Forestery is the nodal Authority for implementation of the Act.

Applicability on project

 OVL shall demonstrate compliance to the terms and conditions relate d to environmental conservation specified in the Environmental Clearance Certificate  Pay management fees and comply with the directives issued for environmental conservation for the said category of business stipulated by Ministry of Environmental Conservation & forestry.  Comply with the environmental standards stipulated for such emissions/discharge by the Ministry.

3.2.10 Environmental Conservation Rule (5th June, 2014)

These places responsibility on the Government to establish and adopt the necessary programme for the conservation and enhancement of environment, protection, control and reduction of pollution in environment, and conservation. An environment management fund has been created. Apart from state budget and other donations, polluters and people which obtain benefit from the natural environment service system will have to compensate their action through the fund.

The Ministry may determine conditions for hazardous waste treatment, treatment of effluent, storage and transport of hazardous products, constraint of production to protect the environment. The Rule reinforce the obligation for project developers to submit an EIA or an IEE. The ministry will publish a list of the categories of plan, business or activity which shall carry out EIA or IEE. EIA shall be conducted by a qualified third person or organization accepted by the Ministry. Sets out the process to obtain prior permission for certain categories of project.

Applicability on project

This rule is applicable on the project and to comply the requirement, EIA has been conducted for the proposed project.

3.2.11 Environmental Impact Assessment Procedure (2015)

The EIA Procedure gives the methodology and requirements to undertake an IEE or an EIA, according to the project. Under this procedure, project has been categorized for conducting IEE and EIA based on their impact. The requirements of IEE and EIA including project disclosure have also been included in this procedure. This procedure specify the role of ministry to review the project and provide approval. As per the

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Annexure-1 of EIA procedure, all the onshore oil and gas seismic surveys have been categorized under the criteria sets for Initial Environmental Examination (IEE).

Applicability on project

The EIA procedure finalized in Dec 2015 is applicable on the proposed project. The onshore seismic survey project has been categorized in the Annexure -1 of the said procedure and requires to conduct initial environmental examination. Normally an IEE covers a brief study on the existing environmental aspects, whereas this report is based upon an extensive study which covers a detailed Environmental and Social Impact Assessment aspects of the allotted block area. All possible impacts to be generated from the proposed project and subsequent migratory measures are presented in this report.

3.2.12 Forest Law 1992

The primary objective of this law is to (a) implement the forest and environmental policy of the government (b) promote the conservation of forest and environment in accordance to international agreements and (c) prevent the dangers of destruction of forest and biodiversity. The Department of Forest under MOECAF is the nodal authority.

Applicability on project

 Prior permission shall be obtained for seismic survey activities (line cutting, shot hole drilling, storage and usage of explosives etc.) undertaken in reserve forests.  Such forests have been demarcated within the B-2 block (through Forest Department of MOECAF)  Appropriate measures shall be adopted to prevent any cutting/felling of forest trees, removal/selling of forest produce, hunting/fishing in reserve forests etc. by the residential contract workers as this could result in penalties and/or legal prosecution

3.2.13 Conservation of Water Resources and Rivers Law 2006

The primary objective of this law is to (a) to conserve and protect the water resources and rivers system for beneficial utilization by the public; (b) to smooth and safety waterways navigation along rivers and creeks; (c) to contribute to the development of State economy through improving water resources and river system; and (d) to protect environmental impact.

Applicability on project

 Any possible discharge of oil and other materials (sewage, slurry etc.) generated from proposed seismic survey activities in nearby river/creeks shall be regulated.  Necessary mitigation measures shall be adopted to prevent any shifting/disruption of natural drainage channels

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3.2.14 Protection of Wildlife and Protected Areas Law 1994

The primary objective of this law is to (a) to implement the Government policy for wildlife protection and natural areas conservation; (b) to carry out in accordance with the International Conventions acceded by the State in respect of the protection and conservation of wildlife, ecosystems and migratory birds; (c) to protect endangered species of wildlife and their natural habitats The Director General of the Forest Department is responsible for its implementation. Applicability on project

OVL shall ensure that personnel associated with the project do not involve in any form of (a) killing, hunting or wounding protected animals and (b) extracting, collecting or destroying in any manner any kind of protected wild plants within the work area.

3.2.15 Rules on Protection of Wildlife and Protected Area Conservation Law (2003)

Rules created to establish a procedural framework for the protection of flora and fauna and protected area as mentioned in conservation law. It includes rules for license to Hunt Animals; for Fishing in Reserved Forests Wild Life Sanctuaries; for Restricting Imports and Exports of Animals; rules as to Rewards, Appointment of Game Wardens and General Powers and Penalties. Applicability on project

With respect to wildlife sanctuaries this rule is not applicable on proposed project because no wildlife sanctuary exist within the B-2 block. However, due to availabilities of Reserved Forest in the block and planning of seismic activity in some of the area within the Reserved Forest, this rule becomes applicable. Under this rule prior permission from the Forest Department shall be obtained prior to initiate the work in Reserved Forest. Also, no other activity such as fishing, haunting and tree cutting for trading purpose shall be allowed. This restriction shall be clearly communicated to the contractors and their labours.

3.2.16 The Foreign Investment Rules (Jan 2013) & the Foreign Investment Law (Nov 2012) & Myanmar Investment Commission, Notification No. I/2013 and No. 50/2014

The Myanmar foreign investment rules contain several elements dealing with environmental protection, including:

Art. 33. Proposals for economic activities that are considered capital intensive by the Commission, and that are prescribed to undergo environmental impact assessment by the Ministry of Environmental Conservation and Forestry have to be submitted along with Environmental and Social Impact Assessment.

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Art. 54. The promoter or investor shall: (a) comply with Environmental Protection Law in dealing with environmental protection matters related to the business;

Art. 123. If it is scrutinized and found out that the investor has carried out business that causes environmental pollution or has not taken action to minimize environmental pollution at the land for which he is entitled to lease or use, or if it is scrutinized and found that the work carries out causes nuisance to the persons who reside around such place due to noise or by culture and if relevant persons officially object, the Commission may terminate the lease or tendering right to use after making necessary inquiry. Art. 125. The investor, for operating any business, does not have the right to lease and develop the following lands:

 religious lands;

 cultural heritage and natural heritage regions designated by relevant Ministries;

 lands restricted for Union defense and security;

 lands under litigation;

 lands restricted by the State from time to time;

 lands where exists place or building which may cause situations such as impact on public environment noise, pollution, impact on culture within urban residential area due to the business of the investor Applicability on project

ONGC Videsh Ltd. (OVL) (a foreign investor) is the operator in B-2 block and allowed by Myanmar Government to conduct seismic survey within the allotted block. Being a foreign investor, Foreign Investment Law and its Rules are applicable on this project. Under this law, OVL has conducted EIA and is in the process of obtaining Environmental Clearance Certificate from MOECAF.

3.2.17 The Oilfield Act (1918) & the Petroleum Act (1934)

This act provides clarification on activities within the oil and gas industry and provides the Government with the power to define and alter limits of any notified oilfield. In addition, the Government can make rules for regulating all matters connected with many operations related to the extraction of oil and/or gas. The Act also provides guidance and issues such as preventing oil and gas wastes, reporting of fires, accidents and other occurrences and regulating the collection and disposal of both oil and gas. Applicability on project

Being an O&G project, these Acts are applicable on the proposed project. OVL will ensure compliance of requirements under these rules (updated from time to time). The guidance provided by these Acts will be used during the operation phase.

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3.2.18 Prevention of Hazard from Chemical and Related Substances Law (26th August 2013)

This law direct about the permission required to obtain for storage and usage of chemical substances which are hazardous in nature. The project owner will abide the provisions of section 15, 16, 17, 22, 27 and 30 of said law, stating obligations related to chemicals and related substances: registration, training, instructions to abide by, mitigation measures, compensation for damages. Applicability on project

OVL shall ensure the compliance of requirements under the said law.

3.2.19 The conservation of Water Resources & River Law, 2006

The conservation of water resources & river law (2006) prohibit any actions which may ruin water resources, including rivers, and causing intentional water wastage, and pollution of water resources. Ministry of Agriculture is the authority to enforce this law. Applicability on project

As no shot hole will be drilled in any water body including rivers therefore proposed project does not disturb water quality.

3.2.20 Laws for Land Acquisition

To provide the direction on land acquisition for a project in Myanmar, following laws exist.

 Land Acquisition Act, 1894

 Land & Revenue Act (1879); Amendment 16/2015

 The farmland Law, 2012

 Farmland Rule, 2012

These laws facilitate the land acquisition for a project with certain conditions. The enforcement agency is Department of Settlement and land records of the Ministry of Agriculture and Irrigation. The requirements are as follows:

 A declaration of land acquisition shall be made on Gazette (or made publicly available) and state the district or territorial division where the land is located, the purpose and area of land acquisition, etc.

 Issuance of public notice stating government’s intentions will be posted at convenient places or near land to be acquisitioned to allow land owners opportune-ty to claim for compensation

 Payment rate of compensation must be calculated and fixed based on type and quantity of crops, in addition to taking into consideration life-long security

 Compensations must awarded to rightful owners

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 Any dispute arising from compensation amount may be referred to the court

 On expiration of the acquisition term or return of the land to original owner, compensation shall be made for damage to the land and restored.

The land tenure system in Myanmar recognizes free hold and leasehold titles. These titles must be registered with Myanmar Government. The government has right over all the mines, mineral products and buries treasures. Without government permission, foreign companies are barred from acquiring land by way of transfer, grant, lease or mortgage. However, company operating under Foreign Investment Law (FIL) may be granted “right to use” of government and private land. This law allows sublease or mortgage of land under MIC permit for a certain time period which can be apply for renewal also.

Applicability on Project:

At this stage of seismic survey, land will not be acquired on permanent basis. Right of Use will be acquired for a short term after discussion with land owners complying with the requirements of law. Rent and crop compensation shall be given to the owners as per local laws.

3.2.21 Laws for Labour Engagement

To provide direction on engagement of labour, Myanmar Government has prepared laws and rules under the enforcement power of Ministry of Industry and Ministry of labour, Employment and Social Security. A detailed review of environmental and social laws are given in Annexure XVI. These laws and rules provide the social security to labour, direction to resolve dispute between labor and employer and direction to ensure payment of not less than minimum wages. These laws are:

 The Social Security Law (2012)

 The Social Security Rule (2014)

 Settlement of Labour Dispute Law (2012) amended by Law No 40/2014

 Workmen Compensation Act (1923) Amended by Law No 4/2005

 The minimum Wages Law, No 7/2013

 The Minimum Wages Rule, 2013 as amended 2016

 Payment of Wages Law, No 17/2016

 The Labour Organization Law, 2011 and The Labour Organization Rules, 2012

 Factories Act (1951) amended by law no 12/2016

 Employment Restriction Act, 1959

Under the Social Security Law (2012), a social security fund has been implemented for the employee to ensure the benefit of sickness, maternity, death, employment injury etc.

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Applicability on project:

The local labour shall be engaged for seismic survey (on a short term basis) through contractor. To engage local labour in the proposed project, OVL shall obey these laws as applicable.

3.2.22 The Protection and Preservation of Cultural Heritage Region Law, 1998

This law emphasize on the protection and preservation of cultural heritage and ancient monument. Under the section 2 of this law, cultural heritage and ancient monument have been defined. Cultural heritage means any site or building which is historically significant and associated with cultural artistic or anthropological value.

Ancient monument defines any archeological structure such as stupa, shrine, temple, monastery, palace etc. which existed before the 1886.

This law also define ancient site which means place or high ground where a town or settlement of ancient people or ancient monument had existed before 1886 or which is determined as cultural heritage whether it is in the process of excavation or has not yet been excavated.

Applicability on project:

Since the seismic activity will be carried out along the seismic lines therefore it is a linear project. Due to passing of seismic lines in a large area, possibility of cultural heritage and ancient sites in the project area exist therefore OVL shall ensure that seismic activity shall not disturb any cultural heritage and ancient sites.

The summary of applicable environmental and social laws or acts is presented in Table 3.1 below: Table 3-1: Key Environmental and Social Rules and Regulation applicable on the Project

S.No. Laws and Regulations Summary of Requirement Authorities 1 Environmental Impact Conduct EIA and obtain Environmental Ministry of Environmental Assessment Clearance Certificate Conservation and Forestry (MOECAF) Rules/regulations 2 Foreign Investment Law, As per MIC Notification 1/2013, Myanmar Investment 2012, conducting EIA is mandatory Commission and the 2013 Foreign Direct about the land procurement Ministry of National Planning Investment Rules and Economic Development

3 Protection of wildlife and Promote conservation of wildlife, Ministry of Environmental protected Area ecosystem and natural habitat Conservation and Forestry Conservation Law (2003) Requires permission to work in wildlife (MOECAF) sanctuary 4 Forest Law 1992 Prior permission is required to be Ministry of Environmental obtained for any seismic survey activities Conservation and Forestry

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S.No. Laws and Regulations Summary of Requirement Authorities (line cutting, shot hole drilling, storage (MOECAF) and usage of explosives etc.) undertaken in reserve forests 5 The Conservation of Water The Conservation of Water Resources Ministry of Agriculture and Resources and Rivers Law (2006) prohibits carrying Ministry of Transport and Rivers Law, 2006 out any actions with the aim to ruin water Underground Water Act, resources, including rivers, and causing 1930 intentional water wastage, and pollution of water resources 6 Land Acquisition Act, 1894 This law is enforced under the Department of Settlement Department of Settlement and Land and Land Records of the Records of the Ministry of Agriculture Ministry of Agriculture and and Irrigation. Requirements for land Irrigation acquisition can be summarized as follows:  A declaration of land acquisition shall be made on Gazette (or made publicly available) and state the district or territorial division where the land is located, the purpose and area of land acquisition, etc.  Issuance of public notice stating government’s intentions should be posted at convenient places or near land to be acquisitioned to allow land owners opportunity to claim for compensation  Payment rate of compensation must be calculated and fixed based on type and quantity of crops, in addition to taking into consideration life-long security  Compensations must awarded to rightful Owners  On expiration of the acquisition term or return of the land to original owner, compensation shall be made for damage to the land and restored 7 The Protection and Section 2 of the law defines the Ministry of Culture Preservation protected and preserved cultural Department of Archaeology of Cultural Heritage Region monuments as follows: law, Cultural Heritage means ancient 1998 monument or ancient site which is required to be protected and preserved by reason of its historical, cultural artistic or anthropological value Ancient monument defines any archeological structure such as stupa, shrine, temple, monastery, palace etc. which existed before the 1886 8 The Oilfield Act, 1918 These laws provide concessions and Ministry of Industry The Petroleum Act, 1934 direct the owner or investors 9 The Social Security Law These laws secure the social security for Ministry of Labour, (2012) employee and labour. These laws direct Employment and Social The Social Security Rules to pay the labour wages set under these Security

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S.No. Laws and Regulations Summary of Requirement Authorities (2014) laws. In event of any accident and Workman’s Compensation dispute between labour and employer, Act (1923) Amended by these laws direct the procedures. Law No 4/2005 The Minimum Wages Law, No 7/2013 Payment of Wages Law, No 17/2016

3.3 CONTRACTUAL AND OTHER COMMITMENTS

ONGC Videsh Ltd as a responsible corporate committed to social responsibility and sustainability, ONGC Videsh carries out community development activities in its overseas projects. OVL is committed to implement the mitigation measures as stated in EMP. OVL shall also implement health and safety measures in the proposed project. Commitment endorsed by OVL (operator) is included in this report as Annexure XIV.

3.4 INSTITUTIONAL FRAMEWORK

The administrative structure in Myanmar comprises following components:

 States

 Regions

 Five self-administered zones

 Five self-administered divisions

 one union territory

State and regions are further divided into districts followed by townships. The region and states is led by regional/state government headed by Chief Minister. Self-administered zones and divisions is headed by Chairperson with executive and legislative powers .

The proposed project in block B-2 is located under Sagaing region. Within the Sagaing Region the block is located in the Katha, Hkamti, Tamu, Mawleik and Myitkyina districts. Following seven townships are being covered by the proposed Block:

 Indaw

 Banmauk

 Kawlin

 Wuntho

 Pinlebu

 Homalin

 Paungbyin

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3.5 PROJECT’S ENVIRONMENTAL AND SOCIAL STANDARD

The proposed project shall follow the requirement of Myanmar Environmental Conservation Law, Environmental Conservation Rules, and Environmental Quality (Emission) Standards. In addition to the environmental standards of Myanmar, IFC EHS guideline will also be followed.

As the proposed project is seismic survey in onshore oil and gas field, the environmental standards prescribed for “onshore oil and gas” sector under National Environmental Quality (Emission) Guidelines will be followed. The guideline recommended for drilling fluids and sewage will be followed. Table 3-2: Environmental Standards – Sewage and Drilling Fluids

Parameter Guideline Drilling fluids and cuttings (during shot hole drilling) Treatment and disposal in accordance with applicable standards provided in IFC EHS onshore Oil and Gas Development guideline Not applicable for Seismic Phase, as no chemical is being used for drilling of shot holes. Sewage Holding and discharging to municipal or centralized wastewater treatment systems or onboard treatment to achieve:  5- Day Biochemical Oxygen Demand 30 mg/l  Chemical Oxygen Demand 125 mg/l  Oil and Grease 10 mg/l  pH- 6-9  Total coliform bacteria 400/100 ml  Total nitrogen 10mg/l  Total phosphorus 2 mg/l  Total suspended solids 50 mg/l

Sewage from labour camp (temporary) shall be disposed through septic tank soak pit system.

Source: National Environmental Quality (Emission) Guideline The standard to measure the ambient noise level with respect to receptor is also mentioned in National Environmental Quality (Emission) Guideline and presented below: Table 3-3: Environmental Standard – Ambient Noise

Receptor One Hour Leq (dBA)a Day time Night time 07:00 – 22:00 22:00 – 7:00 (10:00 – 22:00 for public holidays) (22:00 – 10:00 for public holidays) Residential, Institutional, 55 45 educational Industrial, commercial 70 70

a: Equivalent continuous sound level in decibels

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3.6 HEALTH STANDARD FOR PROJECT WITH HEALTH IMPACT

Myanmar Government has published health laws to provide directions to the companies or project proponent and improve the health of people and labours. The health laws which maybe applicable on the project is described below: Table 3-4: Myanmar Health Legislation

Reference Contents Public Health Law It is concerned with protection of people’s health by controlling the quality and (1972) cleanliness of food, drugs, environmental sanitation, epidemic diseases and regulation of private clinics Myanmar Maternal Describes structure, objectives, membership and formation, duties and powers of and Child Welfare Central Council and its Executive Committee. Association Law (1990) (Amended in 2010) Nation Drug Law Enacted to ensure access by the people safe and efficacious drugs. Describes (1992) (Amended requirement for licensing in relation to manufacturing, storage, distribution and sale of in 2014) drugs. It also includes provisions on formation and authorization of Myanmar Food and Drug Board of Authority. Narcotic Drugs and Related to control of drug abuse and describes measures to be taken against those Psychotropic breaking the law. Enacted to prevent danger of narcotic and psychotropic substances Substances Law and to implement the provisions of United Nations Convention Against Illicit Traffic in (1993) Narcotic Drugs and Psychotropic Substances. Other objectives are to cooperate with state parties to the United Nations Convention, international and regional organizations in respect to the prevention of the danger of narcotic drugs and psychotropic substances. According to that law Central Committee for Drug Abuse Control (CCADC), Working Committees, Sectors and Regional Committees were formed to carry out the designated tasks in accordance with provisions of the law. The law also describes procedures relating to registration, medication and deregistration of drug users. Prevention and Describes functions and responsibilities of health personnel and citizens in relation to Control of prevention and control of communicable diseases. It also describes measures to be communicable taken in relation to environmental sanitation, reporting and control of outbreaks of Diseases Law epidemics and penalties for those failing to comply. The law also authorizes the Ministry (1995) (Amended of Health to issue rules and procedures when necessary with approval of the in 2011) government. The Law Relating Enacted to develop private health care services in accordance with the national health to Private Health policy, to enable private health care services to be carried out systematically as an Care Services integrated part in the national health care system, to enable utilizing the resources of (2007) private sector in providing health care to the public effectively, to provide choice of health care provider for the public by establishing public health care services and to ensure quality services are provided at fair cost with assurance of responsibility. The Control of Enacted to inform the public that smoking and consumption of tobacco product can Smoking and adversely affect health, to make them refrain from the use, to protect the public by Consumption of creating tobacco smoke free environment, to make the public, including children and Tobacco Product youth, lead a healthy life style by preventing them from smoking and consuming Law (2006) tobacco product, to raise the health status of the people through control of smoking and consumption of tobacco product and to implement measures in conformity with the international convention ratified to control smoking and consumption of tobacco product.

Source: Health in Myanmar (2013), Ministry of Health

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4 Project Description and Alternative Selection

Two-dimensional (2D) seismic surveys would cover about 1941 line kilometers (lkm) & will be conducted within the Block B-2 in order to map the subsurface for further exploration purposes.

4.1 PROJECT BACKGROUND

4.1.1 Description of Block

B-2 Block primarily consists of hilly terrain with two mountainous ridge running at central and western part of the block. The block falls under the watershed of the Chindwin and Irrawaddy River. The drainage pattern of the western block is toward Chindwin River whereas in eastern part of the block drainage flows toward the Irrawaddy River. The complete block is drained by seasonal and perennial micro drainage channels extending up to the Chindwin and Irrawaddy River. Mu River and U Yu River are the perennial tributaries of Chindwin River flowing in southern and northern part of the block. The major land form of the Block include Forests, agricultural lands, and settlements

Agricultural Lands: The agricultural lands in the block area is second predominant Landuse after forest area. A definite crop cycle was also observed where puls es, groundnut, oil seeds, vegetables etc. were cultivated in between the paddy cycles. Around 8% of the seismic area in the form of agriculture filed is planned to be traversed by seismic lines.

Forest Area: The forest is the primarily Landuse in the B-2 block. Major forests to be traversed by seismic lines within the Block are as follows:

Reserve Forest

Nam Ka Din R.F., Sanda R.F., Nan Kamu R.F., Phaung Byin R.F. and Thaung Dut R.F.

Protected Public Forest

Ta Maw P.F. and Nonlon Kyaing P.P.F.

Villages/House type: Majority of the villages/towns within the Block is located middle and western side. The major villages in the central and western block are Pinlebu, Tashi, Nang Taw, Hupat, Tat Kone, Naung Khan etc. The houses within the villages are primarily made of woods. Most of the people within the villages are Buddhist and every village was observed to have a monastery.

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House types encountered within the Block Cultivation of Pulses

4.1.2 Environmental Setting of Seismic Lines

Reorientation of 2D seismic lines leads to change in length from 1941 LKM to 555 full fold LKM (795.3 ground LKM). Fifty two lines were proposed earlier in the block for seismic survey whereas reorientation in seismic lines reduced the number to 19 lines. As a result of this, extent of area to be survey reduced significantly.

The 2D Seismic lines for the block PSC B2 has been re-orientated with minimum 2.5 km distance from the block boundary (Indian Border side). No seismic work will be carried out in the “No Man’s Land” near the India-Myanmar International Border, obeying the international border rule.

The statistics of environmental setting along the seismic lines are presented below with respect to changed seismic lines:

The seismic lines after reorientation still passes through villages, forests, agricultural land, water bodies. However, length of crossing line has been reduced.

Environmental settings in terms of lines passing through settlements, forests agricultural lands, stream crossing etc. have been highlighted below.

Agricultural Lands

The seismic lines traverse through agricultural land gets reduced from 148 km to 74 km. The maximum line length passes through agricultural land also reduced from 20 km to 17 km. An overview of line passes through agricultural lands is presented in Figure 4-1

Forest Areas

A. Legal Forest

Earlier, seismic lines were proposed to pass through reserved forest (Nam Kut R.F., Nam Ka Din R.F., Sanda R.F., Nan Kamu R.F., Phaung Byin R.F. and Thaung Dut R.F.) and protected public forest (Ta Maw P.P.F., Ta Gyaing P.P.F. and Nonlon Kyaing P.P.F.). After reduction in seismic lines, no lines will pass through Nam Kut reserved forest and Ta Gyaing Protected Public Forest. Extent of seismic line passes through reserved forest reduced from 928 Km to 380 km. In protected public forest, lines reduced from 836 km to 307 km. Details of seismic lines traverses through the forest after reorientation is given in Figure-4-2

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Villages

Earlier, seismic lines were proposed to traverse about 10 km through village’s land. After reorientation, the extent of seismic lines has been reduced to 3 km from 10 km hence impact shall also be reduced substantially. Based on the analysis of village map, list of villages through which seismic lines (after reorientation) are proposed to pass is presented below:

Seismic Lines No. Village Name 1 Shwe Kyaung 2 Sin Nar Maung Leik Saw 3 Thayet Kan 4 MaGyi Kone Naung Kat Pei 5 Taw Pon Kan Kon 6 Naung Moe 7 Naung Kat Pei Ma Gyi Kone Tha Yet Kan 8 Nan Tat Tone Kyaw 9 Kaw Kan 10 Min Thar Htein Ku Kaw Kan 11 Min Thar Kaw Kan 12 Hapar Aung 13 Hapar Aung 14 LanLay Gwa 15 LanLay Gwa 16 Yae Nan 17 Tha Nan 18 Tha Nan 19 Sik Kun

A comparative overview of stretches of villages traversed by the seismic lines is presented in Figure 4-3.

Water bodies/Stream Crossings

The water bodies/stream crossing by the seismic lines in B-2 block reduced from 9 instances to 8 instances. However, revised seismic lines still proposed to traverse through Chindwin River. The summary of the features traversed by each seismic line is provided

P a g e | 42 March 17 | OVL ESIA for Seismic Activity - B-2 Block, Myanmar in the Table 4.1 below and kms of features traversed by each seismic line is provided at Figure 4.4. The percentage of seismic lines traverses through different land use is also presented in Figure 4-5.

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FIGURE 4-1: STRETCHES OF AGRICULTURAL LANDS TRAVERSED BY THE SEISMIC LINES

20 Agricultural Land 18

Kilometer 8

0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Seismic Lines

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FIGURE 4-2: STRETCHES OF FOREST LANDS TRAVERSED BY THE SEISMIC LINES

70 Passing throug Reserve Forest Passing throug Public Protected Forest

Kilometer 30

0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Seismic Lines

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FIGURE 4-3: STRETCHES OF SETTLEMENTS TRAVERSED BY THE SEISMIC LINES

1.20 Passing through Villages Villages within 25 m

1.00

0.80

0.60 Kilometer 0.40

0.20

0.00 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Seismic Lines

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FIGURE 4-4: STRETCHES OF SEISMIC LINES PASSES THROUGH WATER BODIES

3 Passing throug River / Stream

Kilometer 1

0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Seismic Lines

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FIGURE 4-5: STRETCHES (PERCENTAGE) OF SEISMIC LINES PASSES THROUGH DIFFERENT LAND USE Villages Forest River, Stream & Water Body Agriculture

100 90 80 70 60 50 40 30 20 10 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Agriculture 0 0 1 0 0 0 0 33 8 11 21 16 15 5 5 18 0 0 0 River, Stream & Water Body 0 0 0 0 0 0 0 2 3 1 0 2 4 0 0 1 0 0 1 Forest 100 100 99 100 100 100 100 65 30 25 79 82 81 20 21 81 100 100 99 Villages 0 0 0 0 0 0 0 0 59 64 0 0 0 74 73 0 0 0 0

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FIGURE 4-6: SEISMIC LINES THROUGH DIFFERENT LAND USE

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Table 4-1: Summary of description of seismic lines

Passing Passing Stream Passing Passing Villages through Passing through & through through within Protected through SEISMIC LINES no. Villages 25 m Public Reserve Water Agriculture Road Forest Body Land (in Forest (in (in km) (in km) (in km) (in km) (in km) km) km) 1 0.00 0 13.07 17.81 0.00 0.00 0.00 2 0.00 0 17.67 15.36 0.00 0.00 0.00 3 0.00 0 15.50 17.03 0.00 0.32 0.00 4 0.00 0 23.15 14.53 0.00 0.00 0.00 5 0.00 0 19.71 15.46 0.00 0.00 0.00 6 0.00 0 0.00 59.69 0.00 0.00 0.00 7 0.00 0 50.01 10.29 0.00 0.00 0.00 8 0.00 0 11.08 8.44 0.60 9.91 0.05 9 0.57 50 15.74 10.23 2.06 7.25 0.01 10 0.86 100 28.84 10.51 0.80 17.19 0.01 11 0.00 0 22.71 10.51 0.00 8.90 0.00 12 0.00 0 20.23 12.00 0.79 6.19 0.00 13 0.00 0 14.15 15.83 1.46 5.58 0.00 14 0.95 100 12.81 14.98 0.52 7.31 0.00 15 0.58 100 15.16 14.17 0.65 6.98 0.00 16 0.00 0 5.24 13.90 0.00 4.38 0.00 17 0.00 0 0.00 47.80 0.00 0.00 0.00 18 0.00 0 0.00 46.78 0.00 0.00 0.00 19 0.00 0 21.95 24.84 0.37 0.00 0.00

4.2 PROJECT LOCATION, OVERVIEW MAP & SITE LAYOUT MAP

4.2.1 Location

The B-2 Block is located at the Sagaing Region of The Republic of Union of Myanmar. The block B-2 is located about 310 km North of Mandalay. From Yangon, Block B-2 is 917 km far away. Within the Sagaing Region the block is located in the Katha, Hkamti, Tamu, Mawleik and Myitkyina districts. Following seven townships are being covered by the proposed Block:

 Indaw

 Banmauk

 Kawlin

 Wuntho

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 Pinlebu

 Homalin

 Paungbyin

The B-2 Block could be located on following Toposheet’s number (1:50000 scale):

83 L/9, 83 L/10, 83 L/11, 83 L/15, 83 P/1, 83 P/2, 83 P/3, 83 P/4, 83 P/5, 83 P/6, 83 P/7, 83 P/8, 83 P/9, 92 D/1, 92 D/2, 92 D/3, 92 D/4, 93 A, 84 M/4, and 84 M/9. Coordinates of B-2 Block are provided at the Table 4-2 below; Table 4-2: Block B-2 Bounding Coordinates

Reference Points Latitude (Northing) Longitude (Easting) 1 24°48'45" 94°38'20" 2 24°48'45" 96°13'40" 3 23°53'18" 96°19'00" 4 23°53'18" 95°00'00" 5 24°10'00" 95°00'00" 6 24°10'00" 94°16'00"

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FIGURE 4-7: REGIONAL SETTING MAP

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FIGURE 4-8: BLOCK SETTING MAP

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4.2.2 Accessibility

The Block could be accessed by a major road connecting Mandalay and Pinlebu. Other major roads within the block through which various part of the block can be accessed are as follows:

 Road connecting Mawleik – Moreh- MinThar and Indo Myanmar boarder – herein refer as “Road No-1”

 Road connecting Thickegyin – Paungbyin – Sinlamung – Homalin herein refer as “Road No-2”

 Road connecting Mandalay - Kawlin – Wungyl – Pinlebu – Kaung Le – Mansi herein refer as “Road No-3”

 Road connecting Khantha – Bonchaung – Indaw- Nansiaung herein refer as “Road No-4”

The road condition of these major roads are good in flat terrain. However, in hilly area roads conditions are not good. In some areas of hilly terrain and villages levels, roads are unpaved. The wooden bridges/culverts can be seen at various places to cross the streams in village area. A meter gauge railway line also runs through eastern part of the block. There is no bridge within the block area to cross the Chindwin River. People uses boats to cross the river and access the area across the river. Accessibility is a major challenge in the Block B-2. The western part of the block where seismic activity is planned can be accessed by more road. As described above this road connect the Mawleik town with the Moreh and passes through the block.

Internal earthen roads Wooden Bridges

The accessibility map of the Block is presented at Figure 4.9

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FIGURE 4-9: ACCESSIBILITY MAP

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4.3 PROJECT DEVELOPMENT AND IMPLEMENTATION TIME SCHEDULES

As per the firm commitment in the Production sharing Contract (PSC), Phase I of the project started in year 2014-15. Within the first phase ONGC Videsh Ltd. (OVL) is committed to:

 G & G work

 Undertaking 555 full fold LKM (795.3 ground LKM). Previously, 1941 lkm was planned for 2D seismic API

ONGC as per the PSC plans to undertake 2D seismic acquisition in the block in year 2017 - 2018. Based on the analysis of the 2D seismic surveys, prospect and locations for exploratory drilling would be firmed up. It expects to obtain necessary permission from MOGE and initiate seismic survey by September 2017. Prior to acquisition of 2D seismic survey ONGC Videsh has carried out ESIA Study in to the block. The work plan of 2 D seismic survey operation as per the PSC is as follow:

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Work Plan of 2 D seismic Survey

2 D Seismic Work Plan for PSC B-2 Block , Myanmar Preparation Period Initial Exploration Period Activity Preparation Period (08.08.14 to 31.12.2015) Year-1 (2016) Year-2(2017) Year-3(2018) A S O N D J F M A M J J A S O N D J F M A M J J A S O N D J F M A M J J A S O N D J F M A M J J A S O N D Environmental Survey( EIA, SIA & EMP) Sub. of final reports for EIA, SIA & EMP Review & grant of ESIA report by MIC/ECD Review of G&G Data Seismic Acquisition Plan Seismic Acq. Contracting Process Various Licences /permit approvals Delay due to Rainy weather Acquisition and Processing* Interpretation and Integration Third Party Interpretation *Note- Acquisition and Processing of 2D seismic Data may extend upto May 2018 due to in want of ESIA approval and rainy weather.

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4.4 DESCRIPTION OF PROJECT

(A) Activities for Seismic Survey

The activities for the proposed seismic survey include the following activity and described below:

 Area / Land Scouting & Source Point Positioning

 Line Clearance

 Shot Hole Drilling and Loading

 Detonation

 Recording

 Decommissioning

4.4.1 Area / Land Scouting & Source Point Positioning

The area and land scouting is primarily targeted to the ground truth verification of the GIS map of the block. The objective of the survey would be to keep safe distance from habitation places, trees, water bodies, reserve forests etc. Also area required for drilling of source point would be identified during the land scouting. The scouting program generates the logistic and access map of the seismic survey by identifying condition of roads and tracks, water body, river, River Bridge, sensitive ecological areas, major human settlement etc. within the block. Subsequently, positioning of source points and the alignment of the line is finalized maintaining safe operating distance considering the environmental, socio-economic and anthropogenic sensitivities using GIS tools.

4.4.2 Line Clearance

Seismic data will be generated for the Block B-2 through 19 seismic lines. The seismic activities would primarily be concentrated in the western and central part of the block. No seismic lines are passing through eastern part of the block.

For laying of seismic line on the land, undergrowth vegetation needs to be cleared, except for access road preparation where tree cutting may be required at some locations within the forest. Prior to tree cutting in reserved forest area, OVL needs to get permission from forest department. In open areas e.g. agricultural land, truck mounted drilling equipment can be used and approximately 10 m wide corridor will be cleared for movement of vehicle.

4.4.3 Shot Hole Drilling

Small diameter shot holes ranging from 50-55 mm with a depth about 20 meters will be drilled. Total number of shot hole planned for drilling in B-2 block is 16200. Either portable

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drilling equipment or truck mounted drilling equipment would be used as applicable. The distance between the holes would be 50 m.

The water flushed drilling would be carried out for which the water requirement is (approximately 100-200 Liter per shot hole). Water for drilling would be sourced primarily from streams and other surface water bodies using a ‘fire fighter’ type pump coupled to a diesel engine (e.g. 5 hp). Drill cuttings will be removed from the hole by the flushed water in form of slurry and collected in mud pits. Approximate 0.0063 m 3 amount of drill cuttings that will be generated per hole is given in Table below. Table 4-3: Drill Cuttings Generated per Shot Hole

Amount of cuttings Activity Diameter (mm) Depth (m) (m3)

Shot Hole 50 mm 20 m 0.0063

The rate of seismic line layout is expected to be 3-4 kilometers per day.

4.4.4 Loading and Detonation of Explosive

Charged explosives up to 3.0 kg will be set in the shot holes filled with muddy water. Holes will be sealed once loaded to avoid breaching of the subsurface structure.

Charged explosives will be triggered in each hole with a precision electric detonator. The seismic waves generated due to detonation will be spread vertically. Once a set of the charges have been laid the recording equipment will be deployed along the line for 2D surveys.

4.4.5 Recording

For recording vibration tiny instruments (cylindrical, about 4” ht and 2” dia) called Geophones having 2” long spike at bottom are planted on the ground. These geophones are connected by thin cable to a sophisticated seismic recording instrument. These set of geophones are hooked up to the recording equipment (usually truck mounted). Once the charge is detonated the reflected sound waves from the subsurface are recorded.

4.4.6 Decommissioning

On completion of recording, the sediments in the water pits is filled and restored as far as practicable to original condition.

4.4.7 Data Interpretation

As the density changes between rock or soil layers reflect the waves back to the surface and information about the subsurface is received based on the intensity and nature of the reflected waves. These recording are analyzed in the laboratory for studding the subsurface geology.

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(B) Utilities & Resource Requirements

4.4.8 Accommodation and Campsites

The locations of camp sites and accommodation are not firmed at this stage. Location of camp site or base camp will be decided by contractor.

The field team undertaking the drilling and seismic surveys would be operating out of temporary camps i.e. fly camps. These would be set up at central location to the area of work. This fly camp would be tents for shelters and cooking arrangements for about 15 labours and would have facilities for storage of fuel, toilets and kitchen. The fly camps would operate for approximately 30 days at the location for the entire duration of the seismic study.

4.4.9 Power Supply

Power supply during seismic activities as well as for the operation of the fly camps will be met through mobile DG sets having capacities 25 KVA. The power supply at the base office will be sourced from local supply. In case local supply is not available the 100 KVA DG set would be available as backup.

4.4.10 Water Consumption and Supply

Approximately 100-200 lit of water is required for drilling of each shot hole which would be pumped from nearby surface sources. Approximately, 8.5 KLD of water is estimated to be required for domestic purpose (assuming 135 lt/capita per day) which would be sourced from primarily from local sources. Packaged drinking water would be used for drinking.

4.4.11 Explosive Storage & Transport

The explosives (dynamite) for the seismic phase will be stored in the Magazines with adequate security and amount required for surveys would be sourced daily. Dedicated vehicles would be used and would be provided with escort and armed guards.

4.4.12 Fuel Consumption & Storage

The fuel consumed during the seismic phase will be used by the short hole drilling rig and vehicles operating to transport goods and supplies to the site. The amount used at site would only be stored at the fly camp and is estimated that about 1000 L of diesel. LPG would be used as cooking fuel.

4.4.13 Manpower / Employment

The project will be employing considerable manpower which would include both skilled and unskilled labour. The seismic phase will require a total of about 65 personnel of

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which 50 personnel will be staying at the base camps and 15 people would be required to stay at fly camp.

4.4.14 Transport of Manpower and Explosive

The project would require movement of manpower from the base camp and the fly camp to the project location. Pickup trucks and passenger vehicles would be deployed for the purpose. Among the heavy vehicles which would be deployed include a truck mounted rig, dedicated van for explosive and a van for recording. A maximum of 8-10 vehicles would be deployed by the project during the seismic survey.

4.4.15 Noise and Vibrations

Noise will primarily emanate from drilling equipment and vehicles to be used for the seismic survey. However, mufflers in vehicles will result into considerable reduction of noise emissions at source. Vibrations are expected due to the blasting activity. Vibration may potentially affect the receptors such as buildings (if located in proximity of the shot hole locations. Impacts due to noise and vibration are estimated in the impact assessment chapter of this report. In B-2 block, some seismic lines pass close to residential structures. The residential structures in this settlement are made of bamboo/wood and mud. It was also observed all the villages have monasteries and pagodas which made of brick and cement mortar.

4.4.16 Air Emissions

In the proposed project, fugitive emissions are expected from ground clearance activities and plying of vehicles on unpaved surfaces. Emission of CO are also expected due to operation of DG sets.

4.4.17 Liquid Wastes

The use of water for seismic activities would be primarily used for flushing of the drilled sediments for shot holes during drilling. The slurry (approx 10 KL) of sediments would be collected in a hole adjoining the shot hole. These cutting would be later used for filling up the shot holes during decommissioning.

Domestic waste water generated (about 1.6 KLD from the fly camp, and 5.5 KLD from the main camp) from camps will be generated. Waste water will be disposed through septic tank and soak pit.

4.4.18 Solid Wastes

Solid waste streams generated during seismic activities will be primary organic wastes (4.5 kgs daily from fly camp and 15 kg/day from Base camp). The organic waste can be

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subjected to bio-degradation through organic composting and or disposed at the disposal facility at the village.

4.5 DESCRIPTION OF SELECTED ALTERNATIVES

The proposed seismic survey shall be conducted through explosives charges method. Acoustic energy would be injected into the ground using a source (e.g. explosive) and the resulting acoustic wave-field would be recorded with a large number of receivers (geophones). The geophones will detect acoustic energy signals produced by small detonations triggered below the surface after being reflected off targeted subsurface geological features. The seismic operations will utilize a series of geophones connected by cables, which are to be deployed along (or perpendicular to) the receiving lines.

The proposed seismic survey will be outsourced to a contractor who will engage required personnel and equipment for carrying out the survey. The requirements of the survey as well as overall supervision will be provided by OVL.

4.6 COMPARISON AND SELECTION OF PREFERRED ALTERNATIVES

The seismic surveys can be carried out either by using truck mounted vibrators or by using explosive charges into the ground to create acoustic energy signals. Truck mounted vibrators are suitable for wide open terrains where there is less encumbrance in terms of settlement, water channels etc.

Considering that the terrain in the B-2 block is interspersed with settlements, hilly terrain and water channels it is recommended not to use vibratory trucks. The vibratory trucks require more passage area leading to clearance of more ground cover and removal of trees. Additionally, the infrastructure e.g. roads and bridges would not be able to support the movement of the heavy vehicle so vibrator trucks will not be used.

Considering the pros and cons of these two methods, it is proposed that the seismic survey shall be conducted through explosives charges method.

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5 Description of Surrounding Environment

This chapter describes the existing environmental settings in the study area. This includes the physical environment comprising physical environment; biological environment and socio-economic environment. The purposes of describing the environmental settings of the study area are:

 To understand the project need and environmental characteristics of the area.

 To assess the existing environmental quality, as well as the environmental impacts of the future activities being studied.

 To identify environmentally significant factors or geographical areas that could preclude any future activities.

5.1 SETTING THE STUDY LIMITS

The primary and secondary data have been collected for the EIA study. The primary data was gathered during the environmental sampling and socioeconomic survey and focus group discussion during March 2015.

5.2 METHODOLOGY AND OBJECTIVES

A project level Environmental and Social Impact Assessment (ESIA) can be defined as a systematic identification and evaluation of the potential impacts (effects) of a proposed project relative to the physical, biological and socioeconomic components of the environment. An ESIA study, executed properly, can be considered as an important project management tool that can assist in collecting and analyzing information on the environmental and socio-economic effects of a project and then use the same for decision making and to ultimately arrive at actions that are more sustainable.

The ESIA process and its component parts, as they have been followed for this study, are described in the following Chapters. However it is worth briefly presenting some of the underlying aspects of the ESIA methodology in terms of scoping, discussion of regulatory framework for the project, description of project activities, defining baseline study parameters and briefly the impact assessment methodology in the following Sections.

5.3 SCOPING

Scoping is a key part of a ESIA and refers to the process of determining the range of issues to be addressed in the ESIA report, understanding the regulatory requirement in which the ESIA will be carried out and identifying the significant issues related to a

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proposed action. It is one of the earliest activities to be undertaken in an ESIA study so that a focus on the priority issues that have the greatest potential to affect the natural and/or socio-economic environment can be established. The scope was formulated keeping in mind the strict time schedule of the project.

The key elements involved in the scoping exercise were as follows:

 Gathering and reviewing existing environmental and socio-economic data relevant to the proposed B-2 Block area in the vicinity where the seismic surveys will be undertaken;

 Gathering and reviewing information about existing plans and engineering design with respect to the proposed project. All project activities involving seismic line layout, shot hole drilling & blasting and decommissioning had been considered.

 Assembling and reviewing relevant legislative requirements, environmental standards and guidelines (national and international) associated with the proposed seismic survey activities.

5.4 REVIEW OF POLICY AND REGULATORY FRAMEWORK

The ESIA has been carried out within the overall framework for environmental and related regulations in the form of Policies, Acts, Rules, Notifications and Standards that exist at the Central and State levels in Myanmar. Applicability of relevant International statutes and guidelines that regulate the Oil and Gas Exploration sector has also been considered.

A detailed review of the policy and regulatory framework related to the proposed seismic activity by ONGC Videsh at B-2 Block has been done and is reported in detail in Chapter 3. This is important as many legislative instruments offer standards of environmental performance that can be applied to the Project. Where this is the case they have been used to develop impact significance criteria so that, for example, any predicted breach of a law will be regarded as a Major impact that the project will then need to take action to avoid or mitigate to a legally acceptable level. Issues pertaining to applicability of legislation have been clarified with the regulatory authorities, wherever required.

5.5 PROJECT ACTIVITIES CONSIDERED

The Project activities covered in the ESIA are summarized below and addressed in full in the project description sections (Chapter 4). The project activities that could potentially cause impact on the surrounding environment and socio-economic considered are

 Area / Land Scouting & Source Point Positioning

 Seismic Line Layout

 Line Clearance

 Shot Hole Drilling and Loading

 Detonation and Recording

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 Decommissioning

 Operation of base camp and fly camps

The utilities/resource requirements for the propose project were also included.

5.6 BASELINE ENVIRONMENTAL AND SOCIOECONOMIC STUDIES

The environmental monitoring network was designed based on inputs from the scoping and reconnaissance activity and after taking into consideration the project siting, location of identified sensitive receptors, places of cultural/religious significance, topography, watershed, area, population size, background concentrations, possible impact zones etc. Necessary international guidelines were taken into account in the process.

5.6.1 Primary Monitoring

In order to identify any potential impact on and potential change to the natural and socioeconomic environments, it is essential to have a thorough understanding of the nature of those existing environments prior to commencement of the proposed activities. This translates as a need to characterize the existing baseline environmental and socio- economic conditions including establishing the prevailing conditions for a range of media through primary monitoring, undertaking focused surveys, and the collection of secondary information from various published sources. The following sections describe the methodology for the baseline studies in detail.

Surface Water Quality

To understand the probable impacts of the project on the surface water quality in the surrounding areas, water samples from 4 representative locations within the study area has been taken. Details of sampling locations are given in Table below: Table 5-1: Surface Water Sampling Locations

Sl. Sample Location Rationale for Selection No. Code Mu river upstream with 1 SW1 respect to Pinlebu town Surface water has been collected from the two major Mu river downstream with river i.e. Mu and Chin river. These rivers are flowing 2 SW2 respect to Pinlebu town through the block and being used by the people for irrigational and drinking purpose. Chin river upstream with 3 SW3 Existing quality of the river was studied to assess the respect to Pompin town impact (if any) due to shot hole drilling and other Chin river downstream with project activities. 4 SW4 respect to Pompin town

Sampling Protocol Analysis

The surface water samples were collected by an environmental laboratory “A.M.K Associates ” in accordance with procedures laid down under “Standard Methods for

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Water and Wastewater Analysis (APHA)”. Annexure -I shows the photographs of surface water sample collection.

Ground Water Quality

To understand the probable impacts of the project on the aquifer and ground water quality in the surrounding areas, Six (6) ground water samples were collected from bore wells to form representative locations. Details are as follows: Table 5-2: Ground Water Sampling Locations

Sl. Sample Rationale for Location No. Code Selection 1 GW1 Pinlebu Town 2 GW2 Peit Nin Village 3 GW3 Kyee Pin village Assess probable impacts on aquifers in 4 GW4 Zay Di Village vicinity 5 GW5 Tone Kyaw Village 6 GW6 He Zin Village

Sample Collection

The ground water samples were collected by an environmental laboratory “A.M.K Associates ” in accordance with procedures laid down under “Standard Methods for Water and Wastewater Analysis (APHA)”. Annexure –II shows photographs for ground water sample collection.

Soil Quality

Study of existing soil with respect to quality was conducted by collection of four (4) samples from agriculture and forest land in B-2 block. Analyses of top soils were given emphasis for the current assignment to determine the baseline quality of topsoil in the Block and to predict the impact on the same due to proposed project activities. Details of the sampling locations are follows: Table 5-3: Soil Sampling Locations

Sample Land Sl. No. Location Rationale for Selection Code use 1 SQ1 Tone Mun Agricultural Land To understand existing 2 SQ2 Zay di Agricultural Land quality of soils in 3 SQ3 Tone Mun Forest Land agricultural and forest lands within the Block 4 SQ4 Zay di Forest Land

Sample Collection

Top soil samples were collected up to a depth of 15 cm from the surface. At each sampling station soil samples were collected from 3 locations and mixed thoroughly to obtain a representative composite sample. The soil samples were collected in separate

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containers. The samples were taken by Laboratories and tested in Myanmar. Annexure – II shows photographs of soil sample collection.

Noise Quality

Existing noise level within the study area was studied by monitoring noise levels at different locations within the B-2 Block. In view of the impacts on noise level associated with the Seismic Phase (which are instantaneous in nature), instantaneous noise levels were monitored at an interval of 30 seconds for 10 minutes at each location. Noise monitoring was conducted at 5 locations within the study area. Details are presented in table given below:. Table 5-4: Noise Monitoring Locations

Sl. No. Sample Code Location Rationale for Selection 1 NQ1 Pinlebu Town 2 NQ2 Peit Nin Village 3 NQ3 Kyee Pin village Within Village Close to Seismic Lines 4 NQ4 Zay Di Village 5 NQ5 Tone Kyaw Village 6 NQ6 He Zin Village

5.6.2 Targeted Survey & Studies

Hydro-geological Study

Drainage & Surface Water Resources: Drainage pattern in the study area was assessed through topo-map, satellite imagery and ground verification. Major water bodies in the block are Chin and Mu River. These rivers are perennial in nature. These rivers are being used by people for irrigation and drinking water purpose.

Ground Water Resources: The main source of water in the villages within the block is ground water. Depth of dug wells was also recorded through public consultation.

Ecology and Biodiversity

The Block B-2 lies in Sagaing Division of Myanmar falls within the Indo-Malayan Biogeographic Realm and it is not a part of any biodiversity hotspot or key biodiversity area. The primary objective of the biological environment study is to:

 To establish the present status of ecological conditions within the block area;

 To study the existing anthropogenic stresses on the prevailing ecosystem;

 To identify and predict the likely impacts on the local ecosystem from the proposed proposal related activities;

 To formulate mitigatory measures and a sustainable Environmental Management Plan (EMP) basing upon the likely impacts.

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A literature review was conducted to determine the existing conditions within the study area and to identify habitats and species of potential importance that may be affected by the project. The literature review included Government and private sector reports, independent and Government published literature, academic studies, vegetation maps and land use maps.

Study Area

The study area for terrestrial ecological surveys is considered taking the entire area of B- 2 Block. However, the study area for aquatic ecological survey would extend up to the Irrawaddy River (flowing outside the Block) as the entire Block is located within the watershed of the same.

Terrestrial Ecological Surveys

To assess the vegetation types in the exploratory block, desktop review (Topographic sheet and Satellite imagery and published literature) was conducted to determine the forest area and non-forest area.

Natural Ecological Habitat

Terrestrial floral study was conducted in the natural forest area like are Thaung Dut RF, Sanda RF, Nam Kut RF, and Ta Maw PPF. Phyto-sociological characteristics of the floral habitat have been studied in these forests areas by transect and quadrant surveys. The detailed methodology of phyto-sociological study has been provided in Chapter 5. Annexure III shows the details on method of phytosociological study.

Man Made Ecological Habitat

Village Forest/Homestead land Plantation: All the villages have village forest in and around the village. Number of plants has been planted or naturally grown in this area. Major vegetation in this area was also assessed through primary survey.

Agricultural land: Apart from the forest land and homestead land, major portion of the land within the Block has been utilized for cultivation of different types of crops, vegetables, oil seeds, etc. The agricultural diversity of the study area was recorded by primary survey as well as discussion with villagers.

Terrestrial Flora & Fauna Survey

Methodologies

The methodology adopted for survey is as per given hereunder:

Habitat assessment: The term habitat has been used in broad sense for the general land cover and physiognomy rather than sensu stricto for a particular species. This has been assessed based on details available from secondary sources, discussion with locals and government official during site visit and satellite imagery.

Flora and vegetation: For the survey of flora (including the conservation status of the species), vegetation and utilization of different plant species as medicine, the following methodology has been used.

 Published toposheet depicting the forested /vegetated areas located within the block were marked. The floral resources of the forest areas along with the outskirt areas of

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the villages within the block were recorded/documented through primary survey while traversing on foot.

 The vegetation of the block area was quantified in terms of frequency of various species, species richness and percentage of general cover using circular plots of 10 m radius using standard methods (Misra, 1968 and Mueller-Dombois and Ellenberg, 1974). The plot size was considered to be adequate for sampling sparsely vegetated area (scattered scrub jungles/hillocks) which was often devoid of large trees.

 The floral species observed along the village roads, in the farming lands, pasture lands, community woodlands were recorded and usages of various plant species/tree species were noted.

 An ethno-botanical survey was conducted eliciting information through personal interview with the villagers and also through direct and indirect observations made during field survey. A book on the List of Medicinal Plants of Myanmar published by Dr. Kyaw Soe and Tin Myo Ngwe was referred to gather more authentic information of the locally available plant species and their utilization for many ailments and diseases.

Fauna

 The faunal surveys focused in four groups’ viz., mammals (excluding chiropterans and rodents), avifauna, herpetofauna and lepidopterans (butterflies) in the aquatic and terrestrial habitats. Data on the presence of the different faunal species in the block area were recorded largely based on direct sightings and indirect evidences such as spoor, tracks, dung and calls.

 Faunal surveys were conducted in different parts of the block area using the existing roads, path, and trails. The stretches of the river banks which were accessible, were surveyed for the presence of different faunal species. In addition, animal (mammal and bird) evidence were also recorded within the vegetation survey plots and trails.

 Secondary sources such as published information, unpublished reports, departmental records, personal communication with local villagers & others were also relied upon for supplementing primary data collected during the field studies.

Fishes

The information on fishery resources of the region was collected by visiting the fishing areas as well as local fish market of Pin le Bu town. Secondary information (survey from the local fish market, dialogue with fisher folks, published documents/research paper about the fishery resources of this area if any etc.) on fishery resources of Irrawaddy river were also referred to evaluate the fishery resources of the region.

Stakeholder Consultations & Socio-Economic Surveys

The ESIA study has included information at village level within the proposed block. Therefore, 8 villages were selected randomly from the entire block. Out of 8 villages, some of the villages were located near the proposed seismic lines. List of these 8 villages

P a g e | 69 March 17 | OVL ESIA for Seismic Activity - B 2 Block, Myanmar has already been given in ESIA report. During the site visit, community discussion was also held in these villages.

Stakeholder Consultations, Village level socio-economic surveys was carried out by SENES in 8 villages within the Block. These 8 villages were selected randomly to cover the maximum area within the block and near seismic lines. List of these 8 villages is presented below:

Sl. No. Location 1 Tashi 2 Tomo mun 3 Nang Taw 4 War Yone Kone 5 Hupat 6 Tat Kone 7 Naung Khan 8 Gway Dauk Bae

The preliminary project disclosure was carried out by MOGE. This survey was conducted to understand the demographic profile of villages in the block with the help of the officials of MOGE. The baseline study focused on demographic structure, economic activity, education and literacy profile; land use, infrastructure resources, economic facilities, cultural heritage, lifestyle and other value system. Overall more than 120 stakeholders were consulted, the stakeholders constituted of Township administrator, local villagers, traders, teachers, doctors, MOGE, OVL and M&M representatives.

The following specific environmental and social aspects have been studied. Considering the nature of the project operations and based on understanding of the socio-economic characteristics of the area from the secondary information, the following methodology was adopted for the gathering information and carrying out the assessment:

 Consultations with Village Heads and Others and filling up of a questionnaire (Refer Annexure IV.) to gather village level information

 Consultation with some important officials (MOGE & Forestry) residing within the Block and discussing with them to gather village level information and also information on the regional perspective within the Block

 Making a brief disclosure on the project, relevant to the present phase of the project

 Administering a short survey in 8 Villages to understand the demographic profile of villages in the block with the help of the officials of MOGE

Details are as follows.

Stakeholder Consultation & Socio-Economic Surveys: Stakeholder Consultations, Village level socio-economic surveys and preliminary project disclosure was carried out by SENES in 8 villages within the Block. Institutional level stakeholder consultation was also held during the study period.

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Demographic Surveys: In addition to the village level socio-economic information collected from the 8 villages, the survey was conducted to understand the demographic profile of villages in the block with the help of the security officials of MOGE. The information was collected by meeting with the village heads in each village. The survey was administered to obtain a fair understanding of the demographic set-up in the block and also in view of the fact that updated census information is not available.

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FIGURE 5-1: LOCATION MAP OF 8 VILLAGES SELECTED FOR SOCIOECONOMIC PROFILING

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5.7 IMPACT ASSESSMENT

The impact assessment section can be referred to as the heart of the ESIA and aims to identify, characterize and evaluate potential impacts arising out of the project and prioritize them so that they can be effectively addressed through Environment Management Plans.

5.7.1 Impact Identification

An impact Identification matrix (Refer) was developed to formally present an overview of its impacts. The matrix structure takes into account the environmental issues as well as the concerns of the community.

The first step in the elaboration of a matrix consisted of defining the main activities or aspects of the project that possibly can generate negative or positive impacts. The second step aimed at establishing a list of environmental elements (biophysical and human) found in the project area. This approach is helpful in the identification of the potential interrelations between the impact sources and these elements.

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Table 5-5: Impact Identification Matrix

Physical Environment Biological Environment Socio-Economic Environment

IMPACT

ACTIVITY ASPECT

Flora

Fauna Safety Safety

Quality

of Land of

impacts

Animals

resource

Landuse

Cultural&

Air QualityAir

Agriculture Resources

flora, faunaflora,

SoilQuality Opportunity

Aquaculture

Groundwater Domesticated

Physiographic

LocalDrainage

Job & EconomicJob&

AquaticHabitat &

Infrastructure UseInfrastructure

NoiseVibration& CommonPropert

Protected& Areas

Aesthetics & VisualAesthetics& MigratoryCorridors

AgricultureDiversity DifferenceoverUse

BehaviouralConflict

Surface water qualitySurfacewater Groundwaterquality Residentialstructure CommunityHealth & OccupationHealth &

Establishing Siting of Camp on Agricultural land of camps Siting of Camp in Proximity of Forest

land or conservation areas Leasing of Land for setting up camps + Site preparation (Clearing, + compaction and strengthening) Operation of Sourcing of Ground Water Camps Storage of Fuel Influx of Labour + Waste Generation and Disposal Generation and disposal of waste

oils Running of DG sets for Camp Rehabilitation of Camp Site + + +

Storage of Spillage of Fuels and Oils Fuels Fire hazards from storage Line Clearance of agricultural land + Clearance for Seismic Clearance of Undergrowth Surveys Drilling of Drilling of Shot holes + Shot Holes Disposal of Slurry from Shot Hole

Drilling Operation & Maintenance of Drilling + Equipment Accidental Spillage of Fuel & Oils Transport of machinery and

Manpower Decommissioning of Shot Holes Charging of Explosive in Transport of Explosives Shot Holes Storage of Explosives (Since the explosive would be stored in a safe custody of defense forces it has not

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Physical Environment Biological Environment Socio-Economic Environment

IMPACT

ACTIVITY ASPECT

Flora

Fauna Safety Safety

Quality

of Land of

impacts

Animals

resource

Landuse

Cultural&

Air QualityAir

Agriculture Resources

flora, faunaflora,

SoilQuality Opportunity

Aquaculture

Groundwater Domesticated

Physiographic

LocalDrainage

Job & EconomicJob&

AquaticHabitat &

Infrastructure UseInfrastructure

NoiseVibration& CommonPropert

Protected& Areas

Aesthetics & VisualAesthetics& MigratoryCorridors

AgricultureDiversity DifferenceoverUse

BehaviouralConflict

Surface water qualitySurfacewater Groundwaterquality Residentialstructure CommunityHealth & OccupationHealth &

been considered in the preview of the activities) Accidents from the explosives Firing of Noise and Vibration due to the firing

Shot Holes of explosives

+ Positive or beneficial Impact

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5.7.2 Impact Evaluation Methodology

The potential impacts arising out of the project have been assessed through a semi- quantitative system to define their significance so that they can be effectively addressed by Environment Management Plans and can be effectively integrated into the existing Environment Management System of ONGC Videsh.

Impact Criteria and Ranking

The project activities and the probable actions were comprehensively identified; the environmental aspects and impacts which would arise from these actions were identified. Mitigation measures which have been planned as part of project plans have been considered for assessing the level of impact that may result from each of the activity- environmental component interactions based on setting of subjective criteria. For undertaking this three key elements have been taken into consideration.

 Severity of Impact: the degree of damage that may be caused to the environmental components concerned and sensitive environment of the block;

 Extent of Impact: the geographical spread of the impact and corridors of activities; and

 Duration of Impact: the time for which the impact lasts taking into account the project lifecycle.

Criteria have been defined for each of these key elements and classified based on the level of impacts on the environmental component. Viz. Low, Moderate and High based on the criteria, presented in table below:.

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Table 5-6: Impact Prediction Criteria

Key Level of Criteria Elements Significance 3a. Irreversible damage to natural environment and effect on other components 3b. Impact on sensitive natural areas and protected species in natural habitat and large scale felling 3c. Use of scarce natural resource with competing users 3d. Destruction of landform or diversion of channel 3 (High) 3e.Serious injury, loss of life and total destruction of property 3f.Large population affected and total loss of livelihood 3g.Destruction of the social infrastructure (roads, bridge water sources), cultural properties (pagodas) 3h.Cultural Conflict with Community 2a.Reversible damage to natural environment and direct impact on human health 2b.Impact on protected natural areas and unprotected species in natural habitat and undergrowth 2c.Use of not so natural scarce resource with competing users Severity 2d.Change of landscape or blockage of channels 2 (Medium) 2e.Minor injury damage to property 2f.Large population affected and partial loss of livelihood 2g.Damage of the social infrastructure (roads, bridge water sources), cultural Properties (pagodas) 2h. Commercial conflict with community 21. Within 1a. Reversible damage to natural environment and indirect impact to human health 1b.Impact on un-classed forest and limited felling 1c.Use of natural resource with no competing users 1d.Minor modification of landscape or temporary diversion 1( Low) 1e.Inconvenience to community 1f.Small population affected and partial loss of livelihood 1g.Inconvenience to community for use of the social infrastructure (roads, bridge water sources), cultural properties (pagodas) 1h.Conflict with individuals over commercial is sues More than 50% of the length of seismic line 3( High) Extent of More than 25% of the length of seismic line 2( Medium) Operation Less than 25% of the length of seismic line 1 (Low) The impact is likely to occur during the entire project life cycle at 3(High) all time and at one place The impact is likely to occur in some phases of project life cycle Duration 2 (Medium) at one place or during the entire project at different places The impact is very unlikely to occur at all during project life cycle 1 (Low) but may occur in exceptional circumstance

A positive or beneficial impact that may result from this project has not been ranked and has been depicted in the form of +

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Impact Significance

The significance of the impact () has been adjudged based on the level of significance of each criterion. The significance of the impact has been developed considering the significance of all the three key elements and also classified into High-Medium-Low. Legal issues have been taken into account for selecting level of significance wherever appropriate. Table 5-7: Criteria for Significance Impact

Severity Extent Duration Impact of Impact of Impact of Impact Significance L(1) L(1) L(1) L(1) L(1) M(2) L(1) M(2) L(1) LOW(1-4) L(1) L(1) M(2) M(2) L(1) M(2) L(1) M(2) M(2) H(3) L(1) M(2) L(1) H(3) M(2) M(2) M(2) M(2) MEDIUM (6-12) H(3) M(2) M(2) M(2) H(3) M(2) M(2) M(2) H(3) H(3) H(3) M(2) H(3) M(2) H(3) HIGH (18-27) M(2) H(3) H(3) H(3) H(3) H(3) Impact is Beneficial Positive

The impacts have been identified considering the environmental characteristics of the area. The impacts which have significance of 6 and above have been considered for detailed analysis below.

5.8 MITIGATION MEASURES AND MONITORING

A considerable number of mitigation measures are already included in the base project design and these have been taken into consideration during the impact assessment process. Impacts that are identified as having a significance ranking of “major” or “critical” have been further analyzed to identify additional mitigation measures that are potentially available to eliminate or reduce the predicted level of impact to acceptable levels. Potential mitigation measures considered in the EMP included:

 Environmental management plans and programs;

 Social and economic investment programs;

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 Engineering design solutions;

 Alternative approaches and methods to achieving an activity’s objective;

 Operational control procedures; and

 Management systems approach.

It will also be necessary to monitor and audit project development and operation. Monitoring will provide the information necessary for feedback into the environmental management process and will assist in identifying where additional mitigation effort or where alteration to the adopted management approach may be required. The monitoring plan that takes into account compliance to regulation and standard as also the effects on the environment has been outlined in Chapter 10 of the ESIA.

5.9 ENVIRONMENT AND SOCIAL MANAGEMENT PLANS

The key issues of environmental and social concerns along with mitigation measures feasibility has been analyzed and after analysis management plan has been proposed in this chapter to ensure effective and easy implementation.

A considerable number of mitigation measures are already included in the base project design and these have been taken into consideration during the impact assessment process. Impacts that are identified as having a significance ranking of “High” have been further analysed to identify additional mitigation measures that are potentially available to eliminate or reduce the predicted level of impact to acceptable levels. Potential mitigation measures considered in the EMP included:

 Waste Management Plan;

 Air & Noise Quality Management Plan

 Vibration Management

 Traffic Management Plan

 Socio-Economic Management Plan

 Site Restoration Plan

 Ecological Management Plan

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5.10 LEGALLY PROTECTED NATIONAL, REGIONAL OR STATE AREAS

The study area (B-2 Block area) falls within the central Sagaing region. From the new forest classification (forest types of Myanmar), it is found that about 90% of the block area falls within Dry Upper Mixed Deciduous Forest ( one of the sub divisions of Mixed Deciduous Forests type). In B-2 block, reserved and public protected forest such as Thaung Dut RF, Sanda RF, Nam Kut RF, and Ta Maw PPF, exist. No Potected Area such as wildlife sanctuaries and areas proposed as natural areas is located within the B-2 block. With reference of Clause 15(b) (attached as Annexure-XI) where Myanmar Govt. has proposed some areas as natural area, areas such as Mahamyaing and Baw Di Tahtaung (from Saging region) does not fall within B-2 block. Seismic survey activities will not have any impact on these area.

5.11 PHYSICAL ENVIRONMENT

5.11.1 Climate and Meteorology

Myanmar’s climate is tropical monsoon characterized by three distinct seasons (1) The cold and dry season (2) Hot dry season and (3) Wet season.

 Cold and Dry season: Also known as “Northeast Monsoon”. Starts from December and last to February

 Hot and Dry season: known as Pre Monsoon period. Starts from March till mons oon onset

 Wet season: known as “Southwest Monsoon” season. Starts from May and remain till September. October and November are considered as Post – Monsoon season.

In northern Myanmar where proposed block B-2 is located, monsoon season starts from first week of June.

Rainfall

The Sagaing division of northern Myanmar comes under dry zone. The annual rainfall in the dry zone is less than 1000 mm. Review of monthly rainfall data (2001-2010 year) for Katha monitoring station shows that maximum rainfall occurred during the June, July and August month of south-west monsoon period. The minimum rainfall (3 mm) observed for January.

Temperature

The average annual temperature recorded for Katha monitoring station is in which the B-2 exploratory block falls generally ranges within 30-32ºC. Analysis of maximum temperature shows that April – June is the time period of maximum temperature.

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Katha meteorology station in Myanmar experience average annual temperature around 31ºC. April and May are observed to be the hottest months with temperatures of 36.6ºC and 36.9ºC respectively. January is found to be comparatively cooler with minimum temperature of 25.8ºC.

5.11.2 Air Quality

The existing quality of the air environment serves as an index for assessing the pollution load and the assimilative capacity of any region and forms an important tool for planning project activity in the area. The air quality standards and national air quality monitoring network in Myanmar are yet to be established. In absence of any national ambient air quality standards in Myanmar, concentration of ambient air quality was compared with WHO standards and it has been found that concentration4 of NO2, SO2 and CO (except PM10) in ambient air are within the limit.

Pollutants

PM10 NO2 SO2 CO Concentration (µg/m3 ) 76 32 1 0.3 WHO Standards 50 20 (Ambient Air Quality) NAAQS India 100 80 80 2000

As discussed in the methodology section, proposed seismic survey is not a major air pollution contributing activity and the activity is also temporary in nature hence impact on ambient air quality due to proposed seismic operation is not envisaged.

There is no air polluting industries in the block. However, movement of vehicles on unpaved road especially village roads, causes fugitive dust emission. This fugitive dust emission could affect receptors residing next to the village road. Emissions from roads are known to disperse locally because the sources (vehicular emissions and re-entrained dust) are released at ground level and, it is unlikely that such pollutants will disperse to nearby settlements.

The other sources of air emissions were identified in the seismic block:

 Unpaved village road;

 Rice mills

 Domestic fuel combustion (i.e. firewood, kerosene, dung cakes, etc.).

As discussed in the project description chapter that, 8-10 medium/heavy vehicles per day will be moved on various unpaved village road to reach different fly camp. Small DG set may be used to power supply at fly camp and cooking media at fly camp will be fuel wood. Therefore fugitive emission from road, emission from DG set, burning of fuel wood may contribute to localized emission. And its impact on ambient air quality and to the human is discussed in impact assessment chapter.

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5.11.3 Noise Quality

The block has two distinct area, i.e. (i) residential, institutional and education areas and (ii) commercial areas. However, the exploratory block has rural settings; there is no major source of noise generating activity within the block. Noise level was measured at the 6 representative sites within the B-2 block to understand the baseline noise level in the area. The description of the noise monitoring has been provided at Methodology Chapter.

The noise levels were particularly low in Zay Di, Tone Kyaw and He Zin villages. The day time noise level measured at these locations were within the range of 50 – 52 dBA (day time1) whereas night time noise level at Zay Di, Tone Kyaw and He Zin village was within the range of 42-44 dBA (night time2). At Pinlebu town, day time noise level was slightly higher than all other monitored locations because of commercial activity i.e. market but night time level was similar to noise value monitored at other locations.

As per WHO guideline on noise level, ambient noise levels monitored at all locations within the B-2 block was within the level set by WHO for residential3 and commercial4 landuse.

Blasting of shot holes undertaken as part of seismic data acquisition leads to generation of noise along the seismic line. Other noise generating sources are operations of DG sets at flay camp, operation of machineries for drilling of shot holes and movement of traffic. The above mentioned activity may increase noise level to receptor and impacts on ambient noise quality and impact on community is discussed in Impact Assessment chapter.

5.11.4 Physiography and Topography

The Physiography of B-2 Block shows prominent ridge in western and central part of the block. Western part of the block represents small ridges which is the extension of western ridge in India. Elevation of these ridges is within the range of 14 m – 3406 m. The topographic pattern of the block reflects relatively uplands at the western and central part of the Block and comparatively low areas with almost flat terrain in the watershed zone of Chindwin River and Irrawaddy River. The slope of the entire block is aligned towards the course of Chindwin and Irrawaddy River.

The topography of B-2 Block is shown in Figure 5.2.

1 Time period for day time noise monitoring 7 am to 10 pm 2 Time period of night time noise monitoring 10 pm to 7 am 3 Noise level for Residential 55 dBA (day time) and 45 dBA (night time) 4 Noise level for Commercial 70 dBA (day time) and 70 dBA (night time)

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FIGURE 5-2: TOPOGRAPHY MAP OF THE BLOCK

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5.11.5 Geology

Myanmar is located at the junction of the Indian and Burmese Plates and the current structural configuration is the result of collision, subduction and rotation. The Eastern Highlands are made up of Paleozoic and Mesozoic sequence overlying a Pre-Cambrian massif with isolated patches of outcropping Limestone beds as well as outcropping Mio- Pliocene sediments and Recent Alluvium. The Central Lowlands comprises a thick sedimentary sequence of mostly Tertiary rocks. The Western Mountain ranges comprise of ultra-basics, metamorphic, highly deformed Triassic sediments, Cretaceous and early Tertiary sediments.

In order to understand the geology of the B-2 exploratory block references has been drawn from the Myanmar Oil and Gas Enterprise study for Zebyutaung – Nandaw Area5 of which the above block forms a part.

Zebyutaung - Nandaw Area

The geological study in Zebyutaung – Nandaw Area area indicates that B-2 block is formed of following geological structures:

 Payataung in western part of the block

 Nandaw in eastern part of the block and the core of the anticline is occupied by Miocene Nandawbee formation

 Zebyutangdan in eastern part of the block. Core is occupied by Miocene Shauknan foramation

 Zebyutang in eastern part of the block. Core is occupied by Miocene Nandawbee formation

 Pinlebu in eastern part of the block. Core of anticline is occupied by Miocene – Oligocene

The seismic lines in B-2 Block are proposed in Payataung and Nandaw structure. The location of these structures within the block is given in Figure -5-3.

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FIGURE 5-3: LOCATION OF B-2 BLOCK ON GEOLOGICAL MAP OF MYANMAR

Source: MoGE

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5.11.6 Hydrogeology

The study of Irrigation Department, Myanmar on the ground water and aquifers produced aquifer map as shown in Figure -5-4. The analysis of aquifer map with respect to block area shows that B-2 block has six types of aquifers viz., Alluvian, Irrawaddian, Peguan, Eocene, Igneous and ChaungMaGyi. These aquifers are formed of hard and soft rocks such that Basalt, sandstone, limestone and geniss. Depending upon the lithology and depositional environment, ground water in these aquifers has disparities in quality and quantity. Out of these aquifers, water from alluvial and Irrawaddian aquifer is more potable for both irrigation and domestic water use.

The hydrogeological study by Institute of Hydrogeology and Environment Geology, CAGS also indicates that fissure of magmatic and metamorphic rock stores the ground water. The fissure water occurs in the fissures of consolidated and semi consolidated rock. The distribution of fissure water in these rocks is not uniform due to different development degrees of fissures. This fissure water is an important characteristics of water sources in hilly/mountainous areas.

In the villages of B-2 block, prime source of drinking water and domestic uses is ground water and it is being source through dug well or tube well. During the visit and primary consultation with the villagers, it was depth of dug wells in the villages was 50-60 feet whereas deeper tube wells in the area were bored up to 90 Feet. The shot hole drilling and blasting has the potential to disrupt groundwater aquifers at the area. The water required for domestic use and shot hole drilling purposes will be sourced from ground water.

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FIGURE 5-4: AQUIFER MAP OF B-2 BLOCK

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5.11.7 Land Use

The land-use and land-cover of B-2 block has been interpreted from the satellite data (LANDSAT Imagery), toposheet of the area, and subsequently by ground truthing during field surveys. The land use of block shows that majority of the land (45.8%) in the Block area is in the form of open forest. The second predominant landuse in the Block comprise of reserved forest (39.2%). Agriculture land in the block occupied as third predominant landuse and accounts for 11.65%. Water bodies, including drainage and river (Chindwin and Irrawaddy River) comprise 1.04 % of the total area. Road covers 0.06%. The land use fractions are shown in Figure 5.5 and the land use map is shown in Figure 5.6.

FIGURE 5-5: LAND USE COVER (%) IN B-2 BLOCK

LandUse Cover (%) 0.1 1.0 0.7 0.2 0.1 0.5 11.6 39.2

45.8

0.0 1.0

Agriculture Barren Land Open Forest Protected Public Forest Railwaytrack Reserved Forest River Road Network Settlement Swamp Water Body

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FIGURE 5-6: LAND USE/LAND COVER MAP OF B-2 BLOCK

P a g e | 89 March 17 | OVL ESIA for Seismic Activity - B 2 Block, Myanmar

5.11.8 Soil Quality

According to the Rosanov system of classification adopted by the Land Use Division of Myanmar Agriculture Service, there are 24 main soil types being recognized in the Union of Myanmar based on the distribution of important land resource for agriculture. The characteristics of these soils are determined upon (1) the physical and mineral composition of the parent material, (2) the relief (physical features), (3) the climate under which the soil material has been developed and, (4) the vegetation.

The interpretation of soil map prepared by FAO and Natural Resource Management Department, Myanmar and presented in Figure -5.7. Shows that soil of the proposed block are as follows:

Red Earth and Yellow Earth (Acrisols)

Acrisols is the major soil type in Block B-2. This type of soil is strongly weathered acid soils with low base saturation. The hilly or undulating topography in northern Myanmar with wet tropical climate is the suitable condition for this type of soil. Acrisols are not very productive soil. In mountain areas, Acrisols can be seen on stable ridge t ops with cambisols on steeper and less stable slopes. With respect to hydrological characteristics, Acrisols under a protective forest cover have porous surface soils. In open area without forest cover, valuable A-horizon degrades and form a hard surface crust. In low landscape acrisols shows signs of periodic water saturation. Acrisols have poor chemical characteristics. Main limitations of this soil is aluminum toxicity and low plant nutrients.

Soil Qualityvi in B-2 Block

The average humus content of soil in B-2 block is 2-4%. The pH value is in the range of 4.5 -6.5. The water holding capacity is 30-35%. This type of soil is suitable for the growth of natural vegetation in forest. With respect of agriculture point of view this soil is not very much productive.

Cambisolvii

The cambisol soil type is found in western part of the block as also shown in Figure 5-7. Very small part of Block B-2 has cambisol. The hills in this area is primarily extension of western ridges from India. This soil type is characterized by slight or moderate weathering of parent material and by absence of appreciable quantities of illuviated clay, organic matter, and aluminum and iron compounds. The texture of cambisol soil is loamy to clayey. Physically, cambisol can be characterized by medium textured soil with good structural stability, high porosity, good water holding capacity and good internal drainage.

The disposal of un-segregated solid waste, waste oil has potential to contaminate the soil because of operation of fly camp, drilling of shot holes. The movement of truck mounted rig for drilling of shot holes may result in compaction of soil in agricultural land. These impacts have been discussed in the following chapter on impacts.

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FIGURE 5-7: SOIL MAP OF B-2 BLOCK

Source: FAO and Natural Resource Management, Myanmar

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5.11.9 Drainage and Watersheds

The watersheds in the Northern Myanmar including Sagaing division comprise of Chindwin and Irrawaddy rivers. These rivers are major rivers and flows towards the south Myanmar. These rivers also traverses through the block B2 in western and eastern part. Major part of the block i.e. middle and western part, falls in watershed of Chindwin River. A very small part of the Irrawaddy river flows through the eastern part of the block. As shown in Figure 5-8 a large number of first, second and third order tributaries of Chindwin and Irrawaddy rivers in the block makes the micro level of watersheds also. These tributaries are seasonal and perennial in nature. Mu River and U Yu River as shown in drainage map flows in the southern and northern part of the block are perennial tributaries of Chindwin River.

As per the Department of Meteorology and Hydrology (DMH), Myanmar, the watershed area of Chindwin River also faces problem of riverine flood. The cause of riverine flood in this area is intense heavy monsoon rain due to strong to vigorous monsoon over Andman Sea, Bay of Bengal and along the Myanmar coast. In 2013, DMH also forecasted the seasonal water level based on the flood data of previous years. As per this forecast, water level along the Chindwin River was expected to rise above the normal level but below the danger level during early monsoon period. In July and August which are the month of peak monsoon period, water level in the Chindwin and Irrawaddy River was expected to raise above the danger level and due to which villages along the rivers of Hkamti, Homalin, Mawlaik, Katha and Sagaing township were expected to be influenced. In late monsoon period also which comes in September and October months, flood was expected in Mawlein Township along the Chindwin River.

As per the seismic lines plan for the B-2 block, these lines will cross the Chindwin river and its tributaries in western and central part of the block. As these areas i.e. along the rivers generally faces flood problem during monsoon season i.e. from June – September therefore operation of project including movement of vehicles and equipment through these areas may be affected and not suitable from safety point of view. Also, operation in these major water bodies may also have impact on water quality. The detailed analysis of impact on water quality due to project operations is discussed in impact assessment chapter of this report.

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FIGURE 5-8: DRAINAGE MAP OF B-2 BLOCK

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5.11.10 Surface Water Qualityviii

The water from the Chindwin River is being utilized for agricultural and domestic purpose. The water quality result of Chindwin River at Homalin and Kalaywa shows that pH value lies within the range of 6.99 – 7.25 which indicates that water is slightly alkaline. Electrical conductivity varies within the range of 117 – 200 µmhos/cm. Total hardness of the water is also observed within the range of 108.5 – 121 ppm. The operation of shot hole drilling in the water body may increase turbidity in the region. Detailed analysis of impact on water quality is discussed in impact assessment chapter.

5.12 BIOLOGICAL ENVIRONMENT

Myanmar falls under Indo-Malayan Bio-geographic realm, which is considered as one of the most diversified ecological resources of the world and has 27 biological provinces listed in Indo-Malayan realm (as shown in Figure 5-9).

FIGURE 5-9: BIO GEOGRAPHICAL PROVINCES MAP OF INDO MALAYAN REALM

Myanmar is a small part of the oriental region, but because of its favorable situations with its head near the Himalayas and its tail extending down to Malaysia, it has one of the richest wildlife resources in the world. Diverse forest ecosystems in Myanmar are homing nearly 300 mammal species, 360 reptiles and 1,000 bird species. One of the renowned ornithologists, Bertram E. Smythies (1940) had intensively studied the avifauna of Myanmar and recorded about 1000 species of birds from Myanmar. There are also more than 1,200 species of butterfly of which six are identified as rare species even at the

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global level. Myanmar is also known to have about 7,000 plant species, of which 1,071 are endemic. Recorded number of vegetative species in the natural forests of Myanmar has reached to 1,347 species of big trees, 741 species of small trees, 96 species of bamboos, 1,696 species of shrubs, 36 species of rattans and 841 species of orchids.

Till date, there are twenty four (24) wildlife sanctuaries and five (05) national parks (Figure – 5-10), with a total area of about 1.38 million ha in nine (09) different bio-units of Myanmar. Besides, there are six (06) proposed wildlife sanctuaries and (03) proposed national parks, which are still to be notified. Wildlife Conservation Society, an International Organization working in several countries in the field of nature and wildlife conservation, has published (June 2012) the “ Key Biodiversity Areas” (KBAs) covering three major habitats such as Terrestrial ecosystem, River ecosystem and Marine ecosystem and their respective corridors namely (1) Terrestrial Corridors (2) River Corridors and (3) Marine Corridors for Myanmar (Figure 5-12 ). The Key Biodiversity Areas comprise Bird Sanctuary(BS); Mountain Park (MP); National Park (NP); Natural Reserve (NR); Protected Area (PA); Wildlife Park (WP) and Wildlife Sanctuary (WS) and priorities for conservation of sites. No Wildlife Sanctuary and National Park is located within B-2 block. The Chhatin WLS is located at a distance of 30 km south from the B-2 block whereas Hta Man Thi WLS is located 70 km north of the block.

The list of Protected Areas are given in Annexure- X

5.12.1 Objective

Ecological investigations were carried out within the block area to meet the following objectives:  To establish the present status of ecological conditions within the block area;

 To study the existing anthropogenic stresses on the prevailing ecosystem;

 To identify and predict the likely impacts on the local ecosystem from the proposed proposal related activities;

 To formulate mitigatory measures and a sustainable Environmental Management Plan (EMP) basing upon the likely impacts.

During survey, following aspects were considered for study:

 Assessment of present status of flora and fauna;

 Identification of rare and endangered species of plants and animals (if any);

 Identification of ecologically sensitive areas within the study area;

 Assessment of migratory route of wildlife (if any); and

 Assessment of Aquatic Ecology with only reference to aquatic birds and fishery resources

5.12.2 Methodology

The methodology adopted for survey is as per given hereunder:

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 Habitat assessment: The term habitat has been used in broad sense for the general land cover and physiognomy rather than sensu stricto for a particular species. This has been assessed based on details available from secondary sources, discussion with locals and forest officials during site visit and satellite imagery.

 Flora and vegetation: For the survey of flora (including the conservation status of the species), vegetation and utilisation of different plant species as medicine, the following methodology has been used.

o Published toposheet depicting the forested /vegetated areas located within the block were marked. The floral resources of the forest areas along with the outskirt areas of the villages within the block were recorded/documented through primary survey while traversing on foot.

o The vegetation of the block area was quantified in terms of frequency of various species, species richness and percentage of general cover using circular plots of 10 m radius using standard methods (Misra, 1968 and Mueller-Dombois and Ellenberg, 1974). The plot size was considered to be adequate for sampling sparsely vegetated area (scattered scrub jungles/hillocks).

o The floral species observed along the village roads, in the farming lands, pasture lands, community woodlands were recorded and usages of various plant species/tree species were noted.

o An ethno-botanical survey was conducted eliciting information through personal interview with the villagers and also through direct and indirect observations made during field survey. A book on the List of Medicinal Plants of Myanmar published by Dr. Kyaw Soe and Tin Myo Ngwe was referred to gather more authentic information of the locally available plant species and their utilisation for many ailments and diseases.

 Fauna

o The faunal surveys focused in four groups’ viz., mammals (excluding chiropterans and rodents), avifauna, herpetofauna and lepidopterans (butterflies) in the aquatic and terrestrial habitats. Data on the presence of the different faunal species in the block area were recorded largely based on direct sightings and indirect evidences such as spoor, tracks, dung and calls.

o Faunal surveys were conducted in different parts of the block area using the existing roads, path, and trails. The stretches of the river banks which were accessible, were surveyed for the presence of different faunal species. In addition, animal (mammal and bird) evidence were also recorded within the vegetation survey plots and trails.

o Secondary sources such as published information, unpublished reports, departmental records, personal communication with local villagers & others were also relied upon for supplementing primary data collected during the field studies.

 Fishes

The information on fishery resources of the region was collected by visiting the fishing areas as well as local fish market of Paung Byin and Hkamti Towns, where the team was

P a g e | 96 March 17 | OVL ESIA for Seismic Activity - B 2 Block, Myanmar stayed during the course of primary environment baseline survey. Secondary information (survey from the local fish market, dialogue with fisher folks, published documents/research paper about the fishery resources of this area if any etc.) on fishery resources of Irrawaddy river were also referred to evaluate the fishery resources of the region.

FIGURE 5-10: PROTECTED AREAS OF MYANMAR

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FIGURE 5-11: KEY BIODIVERSITY AREAS OF MYANMAR

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FIGURE 5-12: CONSERVATION CORRIDOR AREAS IN MYANMAR

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5.12.3 Findings of study

A. Flora

In these types of forests, although teak (Tectona grandis) is considered to be dominant species but normally the growth is observed to be very poor. Other than teak, Xylia xylocarpa ( Pyinkado), Terminalia tomentosa ( Laukkyan), Adina cordifolia (hnaw), Pterocarpus macrocarpus (Padauk) which are considered to be high class timbers seen in these types of forest. The other main characteristics of this forest is having Dendrocalamus strictus (Myinwa) and Thrysostachys oliveri (Thanwa bamboo) along with these timber species. Trees such as Pentacme suavis (Ingyin) and Shorea obtusa (Thiliya) are also found in large numbers.

The vegetation composition along the border of India found to be tropical evergreen type. Xylia xylocarpa (Pyinkado) flourishes under a higher rainfall than teak. It tends to occur to the partial or total exclusion of teak. The semi evergreen forests are thus intermediate in character between the Wet Dipterocarp Forest and the Moist Teak Forests. Xylia xylocarpa is often dominant, a fairly constant associate is Lagerstroemia flosreginea, Dipterocarpus alatus and D. turbinatus (Kayin) occur, but in fewer numbers. Other trees include Homalian tomentosa (Myauk chaw), Gmelina arborea (Yemane), Schleichera trijuga (Gyo), and Careya arborea (Bambwe). The predominant bamboos are Bambusa polymorpha (Kyathaung-wa) and less abundant Cephalostachylum pergracile (Tin-wa) etc.

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FIGURE 5-13: MAJOR FOREST TYPES OF MYANMAR

Phyto-sociological analysis was conducted in the forested areas (both Reserved and Protected Public Forests) and limited to the proposed seismic survey lines. The map of Reserved Forests and surveyed areas are shown in the Figure – 5-14. Survey was conducted in Thaung Dut RF, Sanda RF, Nam Kut RF, and Ta Maw PPF. The terrain types were assigned as low to high elevated hillocks/terrain, logged/degraded forest hillocks with patch of bamboos and other vegetation. The land cover was assigned categories of closed and fairly dense forests; scrub vegetation, scrub and bamboo/grassy slopes mixed; agricultural lands, barren/pasture lands. The brief description of forest areas surveyed are given below in Table – 5-8.

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FIGURE 5-14: FOREST MAP OF B-2 BLOCK

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Table 5-8: List of Forest along with Designated Status in B-2 Block

Name of Forest Designated S. No. Remarks (if any on status) area Status Closed Forest. Fairly Dense. Having Good canopy Reserved 1. Taung Dut cover. Collection of forest produce by the local Forest villagers was observed. Although closed, found to be degraded forest in Reserved 2. Sanda Forest comparison to Taung Dut RF. . Dependency on forests from the local villagers was rampant.

Reserved Mixed Dry Deciduous vegetation. Teak and Xylia 3 Nam Kut found to be having fair presence in this RF. Forest Bamboos were also found in some patches Protected Ta Maw Open and degraded. Teak and Bamboos were 4 Public PPF present in large numbers. Forest

Pytosociological Analysis

From the Phytosociological analysis of data collected for the study area, a total of 134 species of vascular plants (Table 5-9) were recorded during the primary survey , out of which 72 were trees, 18 shrubs, 27 herbs, 13 grasses and 04 climbers. Habitat wise, 47% of the total recorded plant species belong to tree category followed by 23% of herbs, 15% of shrubs, 10 % grass and 5 % of climbers were analysed. Table 5-9: Vesicular Plant Species within B-2 Block

Sl no Plant species Family Habit Status 1. Abelmoschus moschatus Malvaceae S Common 2. Acacia catechu Mimosaceaea T Common 3. Acacia nilotica Mimosaceae T Sparse 4. Acacia leucophloea Mimosaceaea T Sparse 5. Achyranthes aspera Amaranthaceaae H Common 6. Adina cordifolia Rubiaceae T Common 7. Adhataoda vasica Acanthaceae S Common 8. Aegle marmelos Rutaceae T Sparse 9. Ageratum conyzoides Asteraceae H Common 10. Ailanthus excelsa Simaroubaceae T Common 11. Albizzia lebeck Mimosaceae T Common 12. Alstonis scholaris Apocyanaceae T Common 13. Amaranthus spinosus Amaranthaceaae H Common 14. Argemone Mexicana Papaveraceae H Common 15. Artemisia sps Asteraceae H Common 16. Arundo donax Poaceae G Common 17. Ammania baccifera Lythraceae H Common

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Sl no Plant species Family Habit Status 18. Andrographis paniculata Acanthaceae H Common 19. Anogeissus acuminata Combretaceae T Common 20. Andopogon aciculatus Poacea G Common 21. Azadirachta indica Meliaceae T Common 22. Aristolochia indica Aristolochiaceae C Common 23. Artabotrys odoratissimus Annonacea T Common 24. Bambusa polymorpha Poaceae G Sparse 25. Bambusa tulda Poaceae G Common 26. Bauhinia variegata Caesalpinaceae T Sparse 27. Bauhinia malabarica Caesalpinaceae T Sparse 28. Blumea lacera Asteraceae H Common 29. Boerhaavia diffusa Nyctaginaceae H Common 30. Bombax insigne Bombacaceae T Common 31. Bombax ceiba Bombacaceae T Common 32. Borassus flabeliifer Arecaceae T Common 33. Borerria hispida Rubuaceae H Common 34. Bridelia retusa Euphorbiaceae T Common 35. Butea frondosa Fabaceae T Sparse 36. Caesalpinia pulcherima Caesalpinaceae T Common 37. Calotropis procera Ascelpiadaceae S Common 38. Careya arborea Barringtoniaceae T Common 39. Caryota urens Arecacea T Common 40. Cassia fistula Caesalpinaceae T Common 41. Cassia occidentalis Caesalpinaceae S Common 42. Cassia siamea Caesalpinaceae T Common 43. Cassia tora Caesalpinaceae H Common 44. Cedrela toona Meliaceae T Common 45. Cenchrus bifloris Poaceae G Common 46. Cenchrus ciliaris Poaceae G Sparse 47. Cephalostachylum pergracile Poaceae G Common 48. Chrysopogon aciculatus Poaceae G Common 49. Cissus repanda Vitaceae C Common 50. Clerodendrum viscosum Verbenacea S Common 51. Clerodendrum inerme Verbenacea S Common 52. Colebrookea oppositifolia Lamiaceae S Common 53. Cratoxylon prunifolium Hypericaceae T Common 54. Crotolaria mucronata Fabaceae H Common 55. Croton bonplandianum Euphorbiaceae H Common 56. Croton oblongifolius Euphorbiaceae T Common P a g e | 104 March 17 | OVL ESIA for Seismic Activity - B 2 Block, Myanmar

Sl no Plant species Family Habit Status 57. Cycas spp. Cycadaceaea S Common 58. Cynodon dactylon Poaceae G Common 59. Cyperus rotundus Poaceae G Common 60. Dalbergia oliveri Fabaceae T Common 61. Dalbergia ovata Fabaceae T Common 62. Delonix regia Caesalpinancea T Sparse 63. Dendrocalamus strictus Poaceae G Common 64. Desmodium pulchellum Fabaceae S Common 65. Diascorea sps. Dioscoreaceae C Common 66. Diospyros burmanica Ebenaceae T Common 67. Dipterocarpus alatus Dipterocarpaceae T Common 68. Dipterocarpus obtusifolius Dipterocarpaceaea T Sparse 69. Dipterocarpus turbinatus Dipterocarpaceaea T Sparse 70. Dipterocarpus tuberculatus Dipterocarpaceaea T Common 71. Dolichndrone serrulata Bignoniaceae T Common 72. Eclipta prostrata Asteraceae H Common 73. Emblica officinalis Euphorbiaceae T Common 74. Emilia sonchifolia Asteraceae H Common 75. Eragrostris sp. Poaceae H Common 76. Erythrina suberosa Fabaceaea T Common 77. Eucalyptus globules Myrtaceae T Common 78. Eupatorium odoratum Asteracea S Common 79. Evolvulus alsinoides Convulvulaceae H Common 80. Ficus benghalensis Moraceaea T Common 81. Ficus religiosa Moraceaea T Common 82. Flacourtia cataphracta Flacourtiaceae T Common 83. Gmelina arborea Verbenaceae T Sparse 84. Harrisonia perforata Simaroubaceae S Common 85. Heliotropium indicum Boraginaceae H Common 86. Heterophragma adenophyllum Bignoniaceae T Common 87. Holoptelea integrifolia Ulmaceae T Common

88. Homalium tomentosum Salicaceae T Common 89. Ipomoea carnea Convolvulaceae S Common 90. Ipomoea pandurata Convolvulaceae C Common 91. Jatropha curcas Euphorbiaceae S Common 92. Lagerstroemia flos-reginae Lythraceae T Sparse 93. Leucas aspera Lamiaceae H Common 94. Leucaena leucocephala Caesalpinacea T Common 95. Mangifera indica Anacardiaceae T Common P a g e | 105 March 17 | OVL ESIA for Seismic Activity - B 2 Block, Myanmar

Sl no Plant species Family Habit Status 96. Mimosa pudica Mimosaceae H Common 97. Michelia champaca Magnoliaceae T Common 98. Millettia pendula Fabaceae T Common 99. Mucuna pruriens Fabaceae C Common 100. Murraya koenigii Rutaceae S Common 101. Opuntia stricta Cactaceae S Common 102. Pentacme suavis Dipterocarpaceae T Common 103. Phragmites sp Poaceae G Common 104. Physalis minima Solanaceae H Common 105. Pithecellobium dulce Mimosaceae T Common 106. Plumeria acuminate Apocyanaceae T Common 107. Pistacia vera Anacardiaceae T Common 108. Pterocarpus macrocarpus Fabaceae T Common 109. Ricinus communis Euphorbiaceae S Common 110. Sachharum officinarum Poaceae G Common 111. Samanea saman Mimosaceae T Common 112. Schleichera trijuga Sapindaceae T Sparse 113. Sesbania grandiflora Pailionaceae T Common 114. Shorea siamensis Dipterocarpaceae T Sparse 115. Shorea obtusa Dipterocarpaceae T Common 116. Sida acuta Malvaceae H Common 117. Solanum xanthocarpum Solanaceae H Common 118. Spondias mangifera Anacardeaceae T Common 119. Sterculia foetida Sterculiaceaea T Common 120. Tamarindus indica Caesalpinaceae T Common 121. Tectona grandis Verbenaceae T Common 122. Tephrosia purpurea Fabaceaea H Common 123. Tephrosia hirta Fabaceaea H Common 124. Terminalia bellerica Combretaceae T Common 125. Terminalia chebula Combretaceae T Common 126. Terminalia tomentosa Combretaceae T Sparse 127. Tridax procumbens Asteraceae C Common 128. Urena lobata Malvaceae S Common 129. Vanda roxbourghii Orchidaceae H Common 130. Xanthium indicum Asteracae H Common 131. Xylia kerrii Fabaceae T Sparse 132. Xylia xylocarpa Fabaceae T Common 133. Ziziphus jujube Rhamnaceae T Sparse 134. Ziziphus nummularia Rhamnaceae S Sparse P a g e | 106 March 17 | OVL ESIA for Seismic Activity - B 2 Block, Myanmar

(Habit: C: Climber, G: Grass, H: Herb, S: shrub, T: Tree)

Table 5-10: Habitwise Plant Species within B-2 Block

S. No Habit Total Numbers of Species 1. Herbs 27 2. Climbers 04 3. Grass/sedges 13 4. Shrubs 18 5. Trees 72

FIGURE 5-15: PERCENTAGE OF HABITS RECORDED WITHIN B2 BLOCK

3% 13% Climber 10% Shrub 54% Grass 20% Herb Tree

To assess the floral and faunal resources of the block area primary survey was carried out in some of the Reserved Forest (RF) and Protected Public Forest areas within the B-2 block to assess the current stock of the vegetation and their status. Analysis from Thaung Dut Reserved Forest revealed that among the 60 tree species, the trees those were having a good frequency percentage were Tectona grandis, Shorea siminesis, Xylia xylocarpa, Xylia kerrii, Milettia pendula etc. The forest was found to be closed but human pressure was also equally observed. The IVI index varied from 0.72 to 20.75. As usual the IVI of Tectona grandis was found to be 20.75 followed by Erythrina superbosa, Pterocarpius macrocarpus, Butea frondosa and Dipterocarpus turbinatus.

The analysis from Sanda RF showed that the IVI of Tectona grandis was 24.78 followed by Xylia xylocarpa (18.98) and Xylia kerrii (11.89). The IVI values analyzed from Nam Kut RF also revealed that Tectona grandis is the most dominant as well as abundant tree species with IVI of 27.87 followed by its associated species Xylia xylocarpa ( 21.91), Erythrina superbosa (13.47), Pterocarpus macrocarpus (13.02) and Terminalia tomentosa ( 12.65).

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The vegetation composition of Ta Maw Protected Public Forest was found to be different in comparison to the other three Reserved Forest. Bamboo species such as Dendrocalamus strictus and Bambusa tulda were found in patches along with the other timber species such as Tectona grandis, Terminalia tomentosa, Xylia carpa etc. The forest was found to be highly degraded condition and open. The IVI of Dendrocalamus strictus with 28.44 was found to be highest followed by Tectona grandis 25.99, Xylia carpa (20.64) and Bambusa tulda (18.53).

The Shannon-Wiener Index (H) provides the status of how evenly the species are distributed as wells as it gives clear picture of the abundance of the species in a particular community. The higher “H” values states the more diverse communities. From the above analysis the value of “H” from Thaung Dut RF was found 3.53 followed by 3.34 from Sanda R.F, 3.18 from Nam Kut RF. The lowest “H” was recorded from ta Maw PPF. Being falling under transition of Tropical Evergreen and tropical mixed dry deciduous forest type, these forested areas were normally well diversified. The phyto-sociological analysis results are presented in Annexure -9

Medicinal Plant Species The list of the plant species with having medicinal values and being used by local villagers for various ailments/diseases are listed below (Table 5-11 ). Table 5-11: Species of Medicinal Plant within the B-2 Block

Medicinal values/Uses S. No. Botanical name English name Burmese name for different ailments/diseases Jaundice, Cough, Tooth ache, Antodote fro 1 Adhatoda vasica Malabar nut tree Mayr-gyi scorpion bite, Asthma, Opthalmia, Expectorant, Good for heart Paediatric fever, Andrographis Hsay-khar-gyi/Nga-yoke- 2 Creat paniculata khar Diarrhoea, headache and indigestion Infantile diarrhoea, Leik-sa-ywe/Leik-tha- pyrexia, ringworm, 3. Barleria prionitis -- ywe antidote for scorpion venom, scabies Antidote fpor snake bite Amaranthus and scorpion sting, 4 Prickly amaranth Hin-nu-nwe-su-bauk spinosus dermatitis, heal boils and sores, Menorrhagia etc Oliguria, Abscess in sores, Anthelmintic for 5 Anona squamosa Custard apple Aw-za cattle, Rectal prolapsed in children Astrigent, Antiseptic, Taung- ma-yoe/Let- 6 Alstonia scholaris Devils tree Febrifuge, Chronic htoke/taung-mare-oke dysentery

Nwe-tha-gee/Tayoke- Aphrodisiac, gives 7 Nerium odorum Indian oleander hnin-si ebergy, Analgesic for chronic pain and aches, P a g e | 108 March 17 | OVL ESIA for Seismic Activity - B 2 Block, Myanmar

Medicinal values/Uses S. No. Botanical name English name Burmese name for different ailments/diseases Back ache, scabies Leprosy, Pruritis, Heal boils and carbuncles, Analgesic, Febrifuge for 8 Plumeria acutifolia Pagoda tree Toyoke-saga prolonged fever, Inflammations, Ascites, Malaria, Abdominal tumours, Skin diseases Cures hypertension, 9 Rauvolfia sepentina Serpent wood Bonma-yaza, Zalat-hpyu Hypnotic, Insanity, Infections, Gives energy Skin disease, Ringworm,Arthiritis, Set hnit-yathi, 10 Thevetia nerifolia Yellow oleander Pruritis, carminative, Hpayaung-pan Haemerrhoids, carbuncles, Pyrexia Cathartic, Diuretic, Antiseptic, Good for larynx, Disinfectant of 11 Acorus calamus Sweet Flag Lin-ne urine an dbowel, Colic, Indigestion, Epilepsy, fevers, Sore throat etc Flatulence, Diarrhoea, Coughs, Intestinal colic, Sores, Antidote for snake 12 Calotropis gigantean Madar Mayoe-gyi bite and scorpion sting, Tooth ache, Paralysis, Cholera, Appetiser, Aphrodisiac, Clears voice, Expectorant, 13 Leptadenia reticulate Gone-cho Indigestion, Pyrexia, Antidote fro poisons Cardiac inotropic, Perpetuate conception, 14 Asparagus officinalis Asparagus Kanyut Urinary tract infections, gastro-intestinal disprders Hypertension, plague, Purify blood, Alcohl intoxication, Antidote fro 15 Millingtonia hortensis Indian cork tree Aegayit poisons, Leucoderma, Muscle stiffness, Small pox, Amenorrhoea Abdominal tumour, Infections, Flatulence, Leprosy, Cough, 16 Oroxylum indicum Indian trumpet flower Kyaung-sha Infections, Nausea, Vomiting, Neurological disorders, Migraine, 17 Salmalia malabarica Silk cotton tree Let-pan Oedema, Biliousness,

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Medicinal values/Uses S. No. Botanical name English name Burmese name for different ailments/diseases Impotency, Small pox, herpes, fatigue, Menorrhagia, Bleeding piles, Ascites, Menorrhagia Astrigent, Antipyretic fro Sinlet-maung- high fevers, Analgesic, 18 Heliotropium indicum gyi/Sinnha-maung-gyi Remedy for sores, Excessive lacrimation Anasarca, Oxytocic, 19 Gloriosa superb Glory lily Hsimee-dauk jaundice, ear disease, infections, boils Gastric pain, Dysentery, 20 Quisqualis indica Rangoon creeper Daware-hmaing antiseptic, febrifuge for high fevers Metrorrhagia, laryngitis, Opthalmia, Cough, heart disease, promotes hair 21 Terminalia bellerica Belleric Myrobalan Thit-seint growth, Good for eyes, Giddines of after over eating, For tooth ache and gum inflammation etc. Heartburn, good for eyes, gasyrointestinal diseases, skin disases, jaundice, 22 Terminalia chbula Chebulic myrobalan Hpan-ga haemorrhoids, Hiccup, Indigestion, hepatitis, Best antidote for snake bite, Dysuriya, Polyuria, 23 Emblica offcinalis Eastern goose berry Zibyu/Shabyu Constipation, Dysentery, good source of Vitamin C Promotes spermatogenesis, Cathartic, Dysentery, 24 Ricinus communis Castor Oil Plant Kyet-su Ascites, Colic, Back ache, head ache, Gouty arthiritis, leprosy, Pyrexia Angina pectoris, Metrorrhagia, Cystitis, Leprosy, Herpes, 25 Mesua ferrea Iron wood of Assam Gan-gaw Hypotension, Neuropathy, Abortion, head ache, Indigestion, As an expectorant, jaundice, Biliousness, 26 Leucas cephalotes -- Pinku-hteik-peik Polyuria, Pyrexia, Asthma, Urinary tract infection, Rheumatism, Antidote for snake bite,

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Medicinal values/Uses S. No. Botanical name English name Burmese name for different ailments/diseases Malaria Appetiser, Heartburn, Antiseptic, carminative, 27 Ocimum basilicum Basil Pin-sein/Pin-pwa Expectorant, Heart disease, Pruritis, Antidote for poisons Sugauk- Urolithiasis, Opthalmia, 28 Caesalpinia nuga -- net/Sugauk/Alolay Gives energy, Flatulence, Ngu/Ngu-shwe-wa, Haematological disorders, 29 Cassia fistula Golden shower Hpwa-bet Herpes, Leprosy, Dysuria, Constipation Pyi-pan-nyo/Pyi-pan- 30 Cassia glauca Dysuria shwe Indigestion, carminative, Expectorant, Conjuctivitis, 31 Cassia siamea Siamese cassia Mezali/Taw mezali Antipyretic, Gingivitis, purify blood, Eczema, Diuretic, carthatic, carminative, Asthma, 32 Cassia tora Foetid cassia Dan-gywe Cough, Infections, Skin diseases Abdominal tumours, amoebic dysentery, Heals boils and carbuncles, 33 Tamarindus indica Tamarind tree Magyi haemorrhoids, jaundice, Indigestion, Flatulence, Colic, Dysentery Leucoderma, leprosy, Fistula, Cough, metrorrhagia, bowel 34 Acacia catechu Black catechu Sha antiseptic, Chronic sores, Gonorrhoea, Inflammations in oral cavity Metrorrhagia, Pruritis, Bronchitis, diarrhoea, 35 Acacia farnesiana Stinking acacia Nan-lone-kyaing Dysentery, treatment of tooth ache, heals carbuncles Antiseptic, antipyretic, Oedema, cough, emesis, 36 Acacia leucophloea White babool Hta-naung burning sensations, mental disorders, rabies Antidotes fro poisons; Oedema; Metrorrhagia; 37 Albizzia lebeck Parrot Tree Kokko/Anya-kokko Herpes, Cough, Eczema, Skin diseases; Eye ilments, Toxic infections P a g e | 111 March 17 | OVL ESIA for Seismic Activity - B 2 Block, Myanmar

Medicinal values/Uses S. No. Botanical name English name Burmese name for different ailments/diseases etc Analgesic; Colic; Inflammations; Burning Aung-me-hpyu; Pe- 38 Clitoria ternatea Butterfly pea sensation; Expectorant; nauk-ni Ear disease; Aphrodisiac; Orchitis; Hiccup Haematemesis; Asthma; Expectorant; Carminative; 39 Psoralea corylifolia Babchi seeds Ne-hle Emesis,: Oedema; Cough; Indigestion; Pterocarpus Dysentery; Constipation; 40 Burma rosewood Padauk macrocarpus Pyrexia; Emetic Arthitis; Inflammations; Pauk-pan/pauk-pan- 41 Sesbania grandiflora Epilepsy, Psychosis; hpyu Migraine, Purifies blood Cure haematemesis; Dysuria; Pruritis; 42 Michelia champaca Goden chmpa Saga-wa/Saga/Sampar Carbuncles; Infections, Antidote for poison; Dry cough Diabetic neuropathy; Oligospermis; Pelvic Hibiscus rosa- inflammatory disease; 43 Hibiscus/shoe flower Khaung-yan sinensis Burning sensation of the body; Astringent, Good for hair growth Metrorrhagia; Emesis; Oedema; Infections; Neem Tree/Indian Carbuncles; Loss of 44 Azadirachta indica Ta-mar/Ta-mar-kha Lilac appetite; Fatigue; Cough; Antidote for poison, Opthalmia; Infections Haematemesis; Pyrexia; Persian lilac/Bead Cholera, Emesis; Skin 45 Melia azaderach Pan-tamar tree infections; Diabetes; Scabies Jaundice; cough; Emesis; Vertigo; Heartburn; Heart Leaved Moon Sindone-ma- 46 Tinospora cordifolia seed new/Sinngo-mani Arthritis; Herpes; Bleeding piles; Infections; Indigestion Diarrhoea; Heart disease; Carminative; Expectorant; 47 Boerhavia diffusa Hog-weed/Pigweed Payan-nawa Gynaecological disorders, Ringworm; Intermittent fever

Jasminum Intracranial disease; 48 Common Jasmine Taw-sabai/Sabai pubescens Metrorrhagia; Oedema; Billiary infections; P a g e | 112 March 17 | OVL ESIA for Seismic Activity - B 2 Block, Myanmar

Medicinal values/Uses S. No. Botanical name English name Burmese name for different ailments/diseases Diarrhoea Expectorant; Biliousness; Infections; Pruritis; Gastric 49 Argemone Mexicana Mexican poppy Kha-yar/Kone-kha-yar distention; Oedema; Asthma Oedema; Leucoderma; Pruritis; Cough; 50 Plumbago zeylanica Ceylon leadwort Kant-choke-hpyu Rhinoorhoea; Dysentery; Infections Diagrrhoea; Amoebic dysentery; Regulates menstrual cycle; 51 Morinda citrifolia Indian mulberry Nipa-se/Yeyo Antipyretic; Analgesic for gum inflammation; bleeding in sores Dysuria; Emesis; Colic; Indigestion, Flatulence; 52 Aegle marmelos Bael Fruit Oke-shit Carminative; Good for heart; Constipation; Dysentery Mental disorders; Promotes digestion; Kha-yay/ Thitcho- 53 Mimusops elengi Bulletwood tree Antiseptic; Gum disease; Khayar Dental disease; Metrorrhagia Menoorhagia; Danta-thukha/Thagya- 54 Scoparia dulcis Sweet broom weed bin/Mann-lay Leucorrhoea; Febrifuge; Toothache Arthritis; Chronic skin 55 Smilax perfoliata -- Sien-nabaw diseases; Purifies blood; Oedema; Paresis Emetic; Oedema; Haematemesis; Good for 56 Strychnos potatorum Clearing nut tree Khabaung-ye-kyi eyes; Jaundice; Rhinorrhoea; Antidote for poisons; impaired vision

B. Faunal Resources

Faunal resources studied within the B-2 Block are as follows:

1. Butterflies A total of 13 species of butterflies belonging to 3 families (Papilionidae; Pieridea and Nymphalidea) (Table- 5-12) were recorded in the block area during the survey. All the species were common and none of them are listed in the red list category of IUCN. Ten species fall in “not evaluated” category and one species fall in “least concerned” category.

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Table 5-12: Species of Butterflies recorded within B-2 Block

S. No. Common name Scientific Name Family Distribution IUCN Status 1 Common mormon Papilio polytes Papilionidae Common Not evaluated 2 Great Orange Tip Hebomoia glaucippe Pieridea Sparse Not evaluated 3 Common mime Chilasa clytia Papilionidae Common Not evaluated 4 Grass yellow Eurema hecabe Pieridea Common Not evaluated 5 Common Tiger Danaus genutia Nymphalidea Common Not evaluated 6 Common jay Graphium doson Papilionidae common Not evaluated 7 Common Crow Euploea core Nymphalidea common Least Concern 8 Orange Emigrant Catopsilia scylla Pieridea Sparse Not evaluated 9 Blue tiger Tirumala limniace Nymphalidea sparse Not evaluated Indian cabbage 10 Pieris canidia Pieridea Common Not evaluated white 11 Common Wanderer Pareronia valeria Pieridea Sparse Not evaluated 12 Plain Tiger Danaus chrysippus Nymphalidea Common Not evaluated 13 Lemon pansy Junonia lemonias Nymphalidea Common Not evaluated

2. Herpetofauna Three species of reptiles viz., Agama (Agama tuberculata), garden lizard (Calotes versicolor) and skink (Scincilla sp.) were recorded in the block area during survey. Calotes was the most common reptile species encountered mostly.

The block area is home to many deadly poisonous snakes, including cobras, kraits and the Russell's viper. Although no direct sighting of any snake was made during the survey, but dialogue with local villagers do confirm the presence of venomous snakes and scorpions.

3. Avifauna During the site visit a total of 76 species of birds were recorded (Table – 5-13). Amongst, the babblers, the doves, the swifts, the bulbuls, paddy field pipits, paddy field warblers and barn swallows were the most noticeable birds in almost all the forested as well as village woodlands. All the birds recorded during the site visit fall under “Least Concern” in IUCN’s conservation status. Table 5-13: Avifaunal Species recorded within the B-2 Block

Sl. No Common Name Scientific Name IUCN Status 6. Common Hill Partridge Arborophila torqueola Least Concern 7. Red Junglefowl Gallus gallus Least Concern 8. Mountain Bamboo Partridge Bambusicola fytchii Least Concern 9. Rock Dove Columba livia Least Concern 10. Ashy Pigeon Columba pulchricollis Least Concern 11. Spotted-necked Dove Streptopelia chinensis Least Concern 12. House Swift Apus nipalensis Least Concern

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Sl. No Common Name Scientific Name IUCN Status 13. Fork-tailed Swift Apus pacificus Least Concern 14. Lesser Coucal Centropus bengalensis Least Concern 15. Common Koel Eudynamys scolopaceus Least Concern 16. Yellow Bittern Ixobrychus sinensis Least Concern 17. Cattle Egret Bubulcus ibis Least Concern 18. Grey Heron Ardea cinerea Least Concern 19. Little Egret Egretta garzetta Least Concern 20. Little Cormorant Microcarbo niger Least Concern 21. Red-wattled Lapwing Vanellus indicus Least Concern 22. Common Sandpiper Actitis hypoleucos Least Concern 23. River Tern Sterna aurantia Near Threatened 24. Black-winged Kite Elanus caeruleus Least Concern 25. Common Barn Owl Tyto alba Least Concern 26. Oriental Pied Hornbill Anthracoceros albirostris Least Concern 27. Common Hoopoe Upupa epops Least Concern 28. Rufous Woodpecker Micropternus brachyurus Least Concern 29. Grey-headedWoodpecker Picus canus Least Concern 30. Great Barbet Psilopogon virens Least Concern 31. Blue-throated Barbet Psilopogon asiaticus Least Concern 32. Green Bee-eater Merops orientalis Least Concern 33. Chestnut-headed Bee-eater Merops leschenaulti Least Concern 34. Blue-tailed Bee-eater Merops philippinus Least Concern 35. Indian Roller Coracias benghalensis Least Concern 36. Common Kingfisher Alcedo atthis Least Concern 37. Pied Kingfisher Ceryle rudis Least Concern 38. Rose-ringed Parakeet Psittacula krameri Least Concern 39. Alexandrine Parakeet Psittacula eupatria Near-threatened 40. Rusty-naped Pitta Pitta oatesi Least Concern 41. Small Minivet Pericrocotus cinnamomeus Least Concern 42. Blue Pitta Pitta cyanea Least Concern 43. Ashy Minivet Pericrocotus divaricatus Least Concern 44. Black-hooded Oriole Oriolus xanthornus Least Concern 45. Common Iora Aegithina tiphia Least Concern 46. Black Drongo Dicrurus macrocercus Least Concern 47. Bronzed Drongo Dicrurus aeneus Least Concern 48. Burmese Shrike Lanius collurioides Least Concern 49. Grey-backed Shrike Lanius tephronotus Least Concern 50. House Crow Corvus splendens Least Concern 51. Large-billed Crow Corvus macrorhynchos Least Concern P a g e | 115 March 17 | OVL ESIA for Seismic Activity - B 2 Block, Myanmar

Sl. No Common Name Scientific Name IUCN Status 52. Rufous Treepie Dendrocitta vagabunda Least Concern 53. Baya Weaver Ploceus philippinus Least Concern 54. Black-headed Munia Lonchura malacca Least Concern 55. Eurasian Tree Sparrow Passer montanus Least Concern 56. House Sparrow Passer domesticus Least Concern 57. Paddyfield Pipit Anthus rufulus Least Concern 58. White Wagtail Motacilla alba Least Concern 59. Yellow-breasted Greenfinch Chloris spinoides Least Concern 60. Crested Bunting Melophus lathami Least Concern 61. Little Bunting Schoeniclus pusillus Least Concern 62. Sultan Tit Melanochlora sultanea Least Concern 63. Rufous-vented Tit Periparus rubidiventris Least Concern 64. Burmese Lark Mirafra microptera Least Concern 65. Hill Prinia Prinia atrogularis Least Concern 66. Common Tailorbird Orthotomus sutorius Least Concern 67. Brown Bush Warbler Locustella luteoventris Least Concern 68. Barn Swallow Hirundo rustica Least Concern 69. Wire-tailed Swallow Hirundo smithii Least Concern 70. Red-whiskered Bulbul Pycnonotus jocosus Least Concern 71. Red-vented Bulbul Pycnonotus cafer Least Concern 72. White-throated Bulbul Alophoixus flaveolus Least Concern 73. Black-headed Bulbul Brachypodius atriceps Least Concern 74. White-crested Laughing-thrush Garrulax leucolophus Least Concern 75. Yellow-throated Laughing-thrush Garrulax galbanus Least Concern 76. Common Myna Acridotheres tristis Least Concern 77. Hill Myna Gracula religiosa Least Concern 78. Jungle Myna Acridotheres fuscus Least Concern 79. Oriental Magpie Robin Copsychus saularis Least Concern 80. Indian Blue Robin Larvivora brunnea Least Concern 81. Blue Whistling Thrush Myophonus caeruleus Least Concern

4. Mammals: Primary survey for sighting of mammalian species were conducted in the forsted areas (proposed siesmic line area) following the methodology prescribed. But no direct sighting of mammal or indirect evidences was found on the habitat of mammals during the course of primary survey in the surveyed area. Nevertheless, dialogue with local villagers and elderly citizens was made to get the information on the local mammals but nobody could provide any sort of concrete information on the mammals.

C. Fishery resources

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Chindwin River flows in the western boundary of the block whereas Ayeyarwaddy River flows along the eastern boundary of the block. Ayeyarwaddy River is the largest River of Myanmar and it has been reported that 449 species of fresh water fishes were found in Myanmar (www.Fishbase.org). Based on direct evidence, the team could confirm the occurrence of only 16 species of fishes from Chindwin River. The list of recorded species is given in the Table 5-14. Species such as Wallago attu and Ompok bimaculatus are falling under near threatened category of IUCN. Their population trend is also declining world over. Rest of the fish species recorded from Chindwin and other water bodies located within the block, fall under “Least Concern” and: Not Yet Evaluated” list.

Once the upper stretch of Chindwin River (was considered to be a suitable habitat for roofed river turtles which are endemic to that region. Of late the roofed Turtles dissapered from that stretch due to many factors including the human pressure. Many scientists and research work claimed that the roofed turtles back to the upper stretch of Chindwind River due to conservation measures taken by NGOs and Govt agencies. The proposed block is located in the downstream of Chindwind River. No direct evidence of presence of roofed turtle was found during the primary survey. Table 5-14: Fish Species recorded within the B-2 Block

S.No Scientific Name Distribution Local Name IUCN status Chidwin River 1 Labeo rohita Native Rohu LC √ 2 Wallago attu Native Nga-bat NT √ 3 Sperata aor Native Nga-gyaung LC √ 4 Mystus gulio Native Nga-zin LC √ 5 Monopterus cuchia Native Nga-shint LC √ 6 Heteropneustes Native Nga-khoo LC √ fossilis 7 Ompok bimaculatus Native Nga-nu-than NT √ 8 Channa striata Native Nga-yan LC √ 9 Ilisha megaloptera Native - NE √ 10 Catla catla Native Nga-thaing NE √ 11 Cirrhinus cirhosus Native Nga-gyin NE √ 12 Channa orientalis Native Nga-yan-goungdo NE √ 13 Notopterus Native Nga-phere LC √ notopterus 14 Ophiocephalus Native Nga-yant NE √ striatus 15 Cyprinus Carpio Introduced --- NE - carpio 16 Hypophthalmichthys Introduced --- NT - molitrix

* LC: Least Concern; NT: Near Threatened; NE: Not Evaluated;

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5.12.4 Conclusion

Published report from Forest Department and discussion with some of the local forest officials during the primary survey, the information gathered that, the Dry Zone of Central Myanmar is the most problematic region in terms of degradation of land resources because of continued deforestation and its severe climatic conditions. The total area of that region is about 8.72 million ha (21.55 million acres) covering 13 districts in Magway, Mandalay and Sagaing Divisions. Most of the lands in the dry zone area have been degraded long time ago due to repeated cutting of trees for fuelwood, incorrect cultivation practices, overgrazing and extreme climatic conditions.

As far as B-2 block is concerned, some of the Reserved Forest were observed highly degraded in nature and moderately vegetated. No Protected Area such as wildlife sanctuaries and areas proposed as natural areas is located within the B-2 block. With reference of Clause 15(b) (attached as Annexure-XI) where Myanmar Govt. has proposed some areas as natural area, areas such as Mahamyaing and Baw Di Tahtaung (from Saging region) does not fall within B-2 block. Seismic survey activities will not have any impact on these area. .

The seismic survey will take place in forested/vegetated land. Adequate mitigatory measures shall be taken to arrest any further degradation/deterioration of forest areas. Chindwind River flows along the eastern boundary of the block and mitigatory measures have been drawn to arrest any negative impact on the existing water quality and the aquatic fauna of the river from the proposed seismic activities. No seismic survey shall carry out beyond the proposed seismic lines identified. Adequate mitigatory measures are prescribed in the EMP Chapter.

Regarding the fishery fauna of this region, although IUCN has listed Wallago attu, Ompok bimaculatus and Hypophthalmichthys molitrix from the worldwide distribution in “Near Threatened” category, but the same status of these fishes (from Myanmar point of view) could not be confirmed from the local fishery department.

Coming back to the impact on the vegetation/forest areas during the course of Seismic survey, the proponent shall adopt all possible measures accordance with the local rules/regulations.

The Myanmar Government, after realizing the status of this land degradation in this central part of Dry Zone (Lower and Central part of Sagaing region), all possible measures have been taken to prevent and check the environmental deterioration and land degradation of the area since the 1960s. In 1954, a dry zone rehabilitation project was initiated by the Agricultural and Rural Development Corporation in collaboration with the FD to carry out planting activities on denuded lands. Realizing the fact that one of the main causes of deforestation is over-cutting of trees for fuel wood, the FD increased its capacity to establish more fuel wood plantations especially in fuel wood-deficit areas.

In 1994, the new Protection of Wildlife and Wild Plants and Conservation of Natural Areas Law was enacted replacing the 1936 Burma Wildlife Protection Act. The new law highlights habitat maintenance and restoration, protection of endangered and rare species of both

P a g e | 118 March 17 | OVL ESIA for Seismic Activity - B 2 Block, Myanmar fauna and flora, establishments of new parks and naturally protected areas, and buffer zone management. The main objectives of the new law are:

 To implement the policy of protecting wildlife of the State;

 To implement the policy of conserving the protected areas of the State;

 To carry out in accordance with International Conventions agreed by the State in respect of the protection of wild species of both flora and fauna and representative ecosystems occurring in the country;

 To protect endangered species of wild flora and fauna and their habitats;

 To contribute for the development of research on natural sciences; and

 To establish zoological gardens and botanical gardens for the protection of flora and fauna.

In 1992, the new Forest Law was enacted replacing the old 1902 Forest Act and shifting from the concept of revenue generation to motivation and sharing of management responsibilities with people. The 1992 Forest Law highlights forest protection, environmental and biodiversity conservation and extension of permanent forest estates and protected areas. It encourages community participatory approach in managing natural and man-made forests, particularly to satisfy the basic needs of the rural people. It also provides opportunities for the promotion of private sector involvement in reforestation and timber trade.

The basic principles of the Forest Law are:

 To implement the forestry policy of the Government;

 To implement the environmental conservation policy of the Government;

 To promote the sector of public co-operation in implementing the forestry policy and the environmental conservation policy of the Government;

 To develop the economy of the State, to contribute towards the food, clothing and shelter needs of the public and for perpetual enjoyment of benefits by conservation and protection of forest;

 To carry out in accordance with international agreements relating to conservation of forests and of environment;

 To prevent the dangers of destruction of forest and bio-diversity, outbreak of fires, infestation of insects and occurrence of plant disease;

 To carry out simultaneously conservation of natural forests and establishment of forest plantations;

 To contribute towards the fuel requirement of the country.

Hence, looking at the existing rules and regulations, the project proponent shall discuss with all the stakeholders and adopt the best suitable management plan to conserve, restore and manage the ecology and biodiversity of the likely impacted area. P a g e | 119 March 17 | OVL ESIA for Seismic Activity - B 2 Block, Myanmar

5.13 INFRASTRUCTURE AND SERVICES

The B-2 Block comes under five district of Sagaing division which are connected with each other by two major road and internal village roads. The major road passes through the block are as follows:

 Road connecting Mawleik – Moreh- MinThar and Indo Myanmar boarder – herein refer as “Road No-1”

 Road connecting Thickegyin – Paungbyin – Sinlamung – Homalin herein refer as “Road No-2”

 Road connecting Mandalay - Kawlin – Wungyl – Pinlebu – Kaung Le – Mansi herein refer as “Road No-3”

 Road connecting Khantha – Bonchaung – Indaw- Nansiaung herein refer as “Road No-4”

Within the B 2 block, all these major roads connects various villages of seven townships. Road -1 and Road -2 passes through hilly terrain with very low traffic movement. The road network, (village roads) and major roads crosses the various seasonal and perennial streams/water bodies. In this area, wooden bridges which are semi-permanent in nature are being used by people to cross the streams/drains. On the village road no low traffic volume was recorded during this study. A meter-gauge railway is also passing through the eastern part of the block; however in this part of the block seismic activities are not proposed.

To access the seismic activity areas within the B-2 block, Road -1, Road – 2 and Road -3 can be used. These roads may be utilized for transport of material, machineries, and man power used for seismic survey. However, these roads passes through the hilly terrain also. Movement of heavy vehicle in the village roads will be difficult due to narrow roads in hilly areas. Movement of heavy vehicle on semi-permanent wooden bridge may also damage it. Impact on road and traffic is discussed in impact assessment chapter.

Socio-Economic Infrastructure

Housing

As observed in the field, most of the houses which falls in the B-2 exploratory block are semi- permanent –walls are made up of bamboo and wood while the roofs made of GI/asbestos sheets/leaves. The main characters of traditional houses are with bamboo and timber structure, raised on slit pasts with easily removable ladder and with pitch roofing. The most significance feature of house is the roof made of interlocking concave plates of bamboo tiles concave plates. Figure -5.16 shows the type of houses in the villages of B-2 Block.

FIGURE 5-16: TYPES OF VILLAGE HOUSES WITHIN THE B-2 BLOCK

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P a g e | 121 March 17 | OVL ESIA for Seismic Activity - B 2 Block, Myanmar

School

Secondary data on school infrastructure was not available for analysis therefore, education facilities at village level was understood with the help of discussion with villagers during community consultation. The 4 primary and 3 middle schools are available in 8 consulted villages. Secondary schools are not available in the consulted villages. Students have to travel 4 miles at Hhet Wa for secondary education from Hupat village. Undergraduate education facilities are present in Homolin and Pinlebu town. Based on Middle school in Tomo mun Village the community consultation, education facilities in the consulted villages have been summarized in Table -5-15

Drinking Water

According to the Multiple Indicator Cluster Survey (MICS), about 13 per cent of households in Sagaing Region are not using improved water sources. However, the Knowledge Attitudes and Practices (KAP) Survey on Water and Sanitation conducted in 2011 in 24 townships nationwide.

However, it was observed that all consulted villages have fair access to drinking water through village tube wells and open wells. The tube wells are generally installed between 35 – 60 feet and ground water from this stratum is reportedly of good quality. The people extract drinking water through common tube wells and open dug wells.

Safe drinking water and sanitation are the basic necessities for good health. Contaminated drinking water can be a significant carrier of diseases such as trachoma, cholera, typhoid. The people extract drinking water through common tube wells, ponds and open dug wells. In summer season, quantity of water in surface Dug wells are main source of drinking water bodies becomes low. In addition to the water in the study area quantity, quality of these surface water bodies is also not suitable for drinking purpose. Some villages have tube wells for ground water extraction and extracted ground water is then used for drinking and irrigation purpose. These tube wells extract water from the depth of 100-200 feet and ground water from this stratum is reportedly of good quality. Availability of good quality water for drinking purpose is the main concern of the villages consulted in B-2 Block. P a g e | 122 March 17 | OVL ESIA for Seismic Activity - B 2 Block, Myanmar

Sanitation

According to the Multiple Indicator Cluster Survey (MICS), about 9 per cent of the households in Sagaing Region are not using improved sanitation and 6 per cent practice open defecation. Sanitation facilities are generally available in all villages and majority of households have constructed pit latrines.

Power Toilet structured in the study area Inadequate and unreliable electricity supply is a major constraint on socio-economic development in Myanmar. As per UNDP report access to electricity is limited to only 26 percent of the population. During consultation it was observed that electricity supplied by Government has good accessibility in district and township level only. In the consulted villages electricity supply was not available; some villagers have arranged the alternate power sources like solar paneled battery system and diesel generators.

Road and Transportation

The roads in the villages are mostly un-paved (kachha roads), People do not have any access to any communal transport facilities. Majority of the households have their own two wheeler vehicles in form of motor cycles and cycles which is the major mode of transportation for people at village level.

FIGURE 5-17: TYPES OF VILLAGE HOUSES WITHIN THE B-2 BLOCK

Access road for Naung Taw village though Access road for Tat kore village though dense forest area broken wooden bridge

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Table 5-15: Infrastructural Facilities in Consulted Villages

Educational Drinking Transportation Sr. No. Village Health Facilities Approach Road Power Supply Institution water supply (Bus & Rail) 1 Tashi - DW - UPR SE 2 Tomo mun M(1) HSC(1) DW, TPW UPR SE 3 Nang Taw M(1) DW - UPR SE

War Yone Kone M(1) HSC(1) DW UPR SE 4 5 Hupat P(1) VMC DW UPR SE 6 Tat Kone P(1) DW UPR SE 7 Naung Khan P(1) DW UPR SE 8 Gway Dauk Bae P(1) VMC DW UPR SE

Abbreviation

Education PMP: Registered Private Medical OB: open bus Practitioners P: Primary school Road Drinking water M: Middle school APR: Approach paved roads TPW: Tap water SS: Secondary School AMR: Approach mud roads W: Well water H: High school UPR: Un-paved roads DW: Dug wells C: Collage Power Supply TW: Tube water Health Facilities ED: Electricity for domestic HP: Hand pump purpose PHC: Primary Health Centre Transport facility EA: Electricity for all purposes HSC: Health Sub Centre BS: Bus service SE: Solar Energy VMC: Village Medical Centre

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5.14 SOCIOECONOMIC ENVIRONMENT

This section describes the socioeconomic condition in the study area and relates the village level socioeconomic conditions with township level and district level. The objective of analysis of information at village, township and district level is to identify the existing facilities and gaps at village level which can be considered as need of the study area.

The propsed project fall in Sagaing region of Myanmar. Sagaing region is a large, geographically diverse region in the northwestern side of Myanmar. Sagaing Region is the second largest constituent unit of Myanmar, after Shan State, and is the largest of the 7 Regions.

Myanmar is primarily a rural agrarian society, with many engaged in subsistence farming. Most poor families are working in agriculture or as casual day labourers. Reliable detailed data on socio-economic indicators is still lacking. The 2014 UN Human Development Index ranked Myanmar at 150 out of 187 countries surveyed and putting it in the “low human development category,” with a 65.2-year life expectancy. The UNDP has reported that the national poverty rate is 26%, and poverty rates are twice as high in rural than in urban areas. The following section discusses the methodology used for the socio-economic assessment.

5.14.1 Methodology

The Primary baseline survey on socio-economic scenario was conducted by community consultations at different villages. The primary survey conducted through framed sample questionnaire which was shared with the villagers and community leaders where village level detailed information were collected. It was designed to capture occupational patterns, societal set up, access to basic amenities and socio - economic profiling of villages and communities. Considering the nature of the project operations and based on understanding of the socio-economic characteristics of the area from the secondary information, from the data obtained from the census of Myanmar (Myanmar Information Management Unit), the following methods were adopted for gathering information and carrying out the socio- economic assessment:

 Consultations with Village Heads and Others and filling up of a questionnaire to gather village level information

 Making a brief disclosure on the project, relevant to the present phase of the project

 Administering a short survey in 42 Villages to understand the demographic profile of villages in the block with the help of the officials of MOGE

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Stakeholder consultation with Institutional Stakeholders e.g. MoGE, Ministry of Agriculture. The Primary baseline survey on socio-economic scenario was conducted by community consultations at different villages. The primary survey conducted through framed sample questionnaire which was shared with the villagers and community leaders where village level detailed information were collected. It was designed to capture occupational patterns, societal set up, access to basic amenities and socio - economic profiling of villages and communities. Considering the nature of the project operations and based on understanding of the socio-economic characteristics of the area from the secondary information, from the data obtained from the census of Myanmar (Myanmar Information Management Unit), the following methods were adopted for gathering information and carrying out the socio- economic assessment:

 Consultations with Village Heads and Others and filling up of a questionnaire to gather village level information

 Making a brief disclosure on the project, relevant to the present phase of the project

 Administering a short survey in 8 Villages to understand the demographic profile of villages in the block with the help of the officials of MOGE

 Stakeholder consultation with Institutional Stakeholders e.g. MoGE, Ministry of Agriculture.

The minutes of these discussion is provided in Annexure V

Stakeholder Consultations, Village level socio-economic surveys and preliminary project disclosure was carried out by ARCADIS SENES in 8 villages within the Block. Detail of Villages where consultation conducted is provided in the following Table 5.16.

Table 5-16: Stakeholder Consultation

Sl. No. Date Location Key Stakeholder Consulted Mgtun(M)- Village head, Tien tnin sea(M) Chit 1 13/03/2015 Tashi ko(M), Menzw(F), Wein(F)-villagers Wom myat (m)- village head, U Phoe toke (M), H 2 13/03/2015 Tomo mun Toonyiel- village doctor 3 13/03/2015 Nang Taw U san Pyae- (M)- Village head 4 14/03/2015 War Yone Kone U Sar Mang (M)- Village head U Own Mg (M)- Village head, Daw than hla (F)- 5 14/03/2015 Hupat school teacher U Than yin(m)- Village head, Dw khan toe kgi (F) 6 14/03/2015 Tat Kone – govt. official 7 15/03/2015 Naung Khan U kan min(M)- Village head

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8 15/03/2015 Gway Dauk Bae U Than Yon(M)- Village head

Stakeholder consultations, village level socio-economic consultation and preliminary project disclosure were carried out by ARCADIS SENES team with the help of M&S and MOGE representative in 8 villages within the Block. In addition, analysis of randomly selected 42 other villages have been done to understand the demographic profile of villages in the block. The baseline study focused on demographic structure, economic activity, education and literacy profile; land use, infrastructure resources, economic facilities, cultural heritage, lifestyle and other value system. The following specific environmental and social aspects have been studied and are detailed in subsequent sections of this Report. List of stakeholder participants attached in Annexure-V

5.14.2 Socioeconomic Profiling

Demographic Profile

The demographic profile in terms of total population, number of households, household size and sex-ratio of the selected villages surveyed in Block B-2 has been discussed in section below and presented in Table 5-17.

Population & Households

Five districts and seven township of Sagaing division of Myanmar falls under the B-2 block area. As per Myanmar Census 2014, total population of the district level for Katha is 860,360, for Hkamti is 423,283, for Mawlaik is 163,896, for Myitykyina 1,061,467 and for Tamu is 114,827. Male and female population shown in Table 5-17.

As per Myanmar Census 2014, with respect to the study area, the total population of the area is about 30,399 out of 15,145 which are male and 15,252 females. Of the study area villages, Pan Thar has the highest population (1714) followed by Min Tha Mee (1584), Wi Toke (1296), Naung Khan (1261) and Yan Taing Aung has the lowest (77) followed by village Tashi(104) and Tat kone (167), referred Table 5-17.

Household Size

As per Myanmar Census 2014, the provisional census results indicated that there were 10,889,348 households in Myanmar. On average, 4.4 people lived in each household in the Myanmar. Household size recorded within study area villages an average 6 people lived in each house; the maximum house hold observed for Nan Khan (10) within consulted villages Hupat (7) and Tomo mun (6), the lowest household size was reported in War Yone Kone (3.9), as shown in below the Table 5-17.

Sex Ratio

In most of the villages, the female population outnumbered the male population. The highest sex ratio (no. of females per 1000 males) within the study area villages is recorded for tashi village (1600) followed by Inn pauk (1346) and Nan Moon tar (1266), the lowest sex ratio recorded in Man maw village (712) and Yan linn Phaing (797). The average sex ratio for the consulted villages was found to be about 1023, details presented in Table 5-17.

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Religious and Caste Profile

As per Myanmar census 2014, the Buddhist 89%, Christian 4% (Baptist 3%, Roman Catholic 1%), Muslim 4%, Animist 1%, other 2% religious in the Myanmar. As stated earlier the population in the study area villages are predominantly Buddhists and of Burmese caste. Each village necessarily has a monastery and a pagoda which provides a place of worship for the Buddhists. Although the people celebrate a number of festivals yearlong, two festivals which were considered important by the local residents were the Water and Fire Festival. The Water Festival is a Buddhist festival which is celebrated for a period of 4-5 days in the month of April and culminates in the Buddhist New Year. Everybody joins in the fun of dousing each other with water. The Fire festival is celebrated in the month of October and involves all manner of lights, lamps, candles and fireworks.

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Table 5-17: Socio-Economic, Religious and Caste Profile of Villages in study area

District/Township Sr. No Total Population Male % Male Female % Female Sex ratio Households Ave. HH Size /Village A District Level 1 Katha 860,360 417,612 48.54 442,748 51.46 1060 168,109 5 2 Hkamti 423,283 219,899 51.95 203,384 48.05 925 62,077 7 3 Mawlaik 163,896 78,902 48.14 84,994 51.86 1077 30,610 5 4 Tamu 114,827 56,963 49.61 57,864 50.39 1016 22,622 5 5 Myitykyina 1,061,467 507,305 47.79 554,162 52.21 1092 52,402 20 B Township Level 1 Indaw 119,939 56,708 47.28 63,231 52.72 1115 23,225 5 2 Banmauk 112,518 57,091 50.74 55,427 49.26 971 18,871 6 3 Kawlin 145,064 69,716 48.06 75,348 51.94 1081 31,407 5 4 Wuntho 73,809 35,698 48.37 38,111 51.63 1068 14,324 5 5 Pinlebu 111,270 52,259 46.97 59,011 53.03 1129 21,903 5 6 Homalin 258,810 133,911 51.74 124,899 48.26 933 35,956 7 7 Paungbyin 112,572 53,832 47.82 58,740 52.18 1091 20,267 6 C Study Area Village 1 Tashi 104 40 38.46 64 61.54 1600 22 5 2 Tomo mun 501 236 47.11 265 52.89 1123 80 6 3 Nang Taw 309 156 50.49 153 49.51 981 58 5 4 War Yone Kone 167 82 49.10 85 50.90 1037 43 4 5 Hupat 685 342 49.93 341 49.78 997 105 7 6 Tat Kone 167 86 51.50 81 48.50 942 27 6 7 Naung Khan 1,261 611 48.45 650 51.55 1064 210 6 8 Gway Dauk Bae 730 352 48.22 378 51.78 1074 129 6 9 In Daing 1,104 556 50.36 548 49.64 986 215 5 10 Htan Ta Pin 1,206 629 52.16 577 47.84 917 288 4 11 Man Hmaw 503 255 50.70 248 49.30 973 102 5 12 Yan Nyein Aung 283 139 49.12 144 50.88 1036 60 5 13 Pan Thar 1,714 839 48.95 875 51.05 1043 331 5 14 Kha Mate 1,174 638 54.34 536 45.66 840 234 5 15 Khun Moon Noon 828 428 51.69 400 48.31 935 130 6 16 Nan Moon Tar 723 319 44.12 404 55.88 1266 119 6 17 Yan Linn Phaing 724 403 55.66 321 44.34 797 111 7 18 Wi Toke 1,296 638 49.23 658 50.77 1031 265 5 19 Wi Toke (Tha) 449 234 52.12 215 47.88 919 105 4 20 Tetainyan 222 116 52.25 106 47.75 914 50 4 21 Yan Taing Aung 77 35 45.45 42 54.55 1200 17 5 22 Put Thar 578 296 51.21 282 48.79 953 103 6 23 He Zin 1,124 546 48.58 578 51.42 1059 250 4 24 Yae Nan 257 133 51.75 124 48.25 932 40 6 25 Chaung Sone 256 130 50.78 126 49.22 969 31 8 26 Ywar Thar 424 212 50.00 212 50.00 1000 88 5 27 Min Tha Mee 1,584 780 49.24 804 50.76 1031 285 6 28 Swun Lae(Tha) 1,183 584 49.37 599 50.63 1026 240 5 29 Swun Lae(Ha) 206 104 50.49 102 49.51 981 40 5 30 Twe Van 492 235 47.76 257 52.24 1094 71 7 31 Ywar Tan Shae 647 311 48.07 336 51.93 1080 112 6 32 Kyar Inn 450 223 49.56 227 50.44 1018 70 6 33 Nan Par Hote 328 174 53.05 154 46.95 885 60 5 34 Kyae Pin 190 92 48.42 98 51.58 1065 34 6 35 Pae Khwin 224 110 49.11 114 50.89 1036 35 6 P a g e | 129 March 17 | OVL ESIA for Seismic Activity - B 2 Block, Myanmar

District/Township Sr. No Total Population Male % Male Female % Female Sex ratio Households Ave. HH Size /Village 36 Nan Yone 207 100 48.31 107 51.69 1070 35 6 37 Nan Phone 939 466 49.63 473 50.37 1015 162 6 38 Bai Lae 510 255 50.00 255 50.00 1000 81 6 39 Par Thin 273 127 46.52 146 53.48 1150 42 7 40 Man Maw 267 156 58.43 111 41.57 712 46 6 41 Par He 973 468 48.10 505 51.90 1079 131 7 42 Nan Kham 620 306 49.35 314 50.65 1026 61 10 43 Tom Name 503 255 50.70 248 49.30 973 81 6 44 Nar Naung 248 132 53.23 116 46.77 879 31 8 45 Mauk Pa Linn 224 101 45.09 123 54.91 1218 35 6 46 Kwun Taw 1,048 518 49.43 530 50.57 1023 136 8 47 He Nape 651 347 53.30 304 46.70 876 103 6 48 Inn Pauk 610 260 42.62 350 57.38 1346 78 8 49 Se Chaung 844 438 51.90 406 48.10 927 137 6 50 Inn Ta Paung 312 152 48.72 160 51.28 1053 55 6

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Education and Literacy

The literacy rate of Myanmar, according the UNESCO Institute of Statistics (2005) stands at 89.7% (males: 93.7%, females: 86.2%). One of the study funded by UNICEF on Myanmar multiple indicator cluster survey in year 2009 says that percentage of children attending the primary school is 90.2%. At secondary school level, only 58.3 % of children attended the classes in secondary level school.

In absence of education and literacy data at village level, existing education system and perception of local people towards education was discussed during the community consultation. During consultation, it was found that maximum people have completed their education till secondary school level. Since facilities for higher secondary education are absent at village level, a considerable drop outs at higher education level was observed.

Economic Activity and Livelihood Pattern

In the study area villages, major livelihood is agricultural. Apart from agriculture other source of livelihood in the area are fishing, animal and husbandry. Detailed analysis on the principal economic activity of the B-2 block village is presented in following section and Table -5.18:

Agricultural

Myanmar is an agricultural based country and the agriculture sector is the backbone of its economy. The agriculture sector contributes 34% of Gross Domestic Product (GDP), 23% of total export earnings, and employs 63% of the labor force. About 75% of the total population reside in rural areas and are principally employed in the agriculture, livestock, and fishery sectors for their livelihood. Major crops cultivated within the B-2 block are:

 Cereals – rice, wheat;  Oil seeds – groundnut, sesame;  Pulses– Black gram, green gram, butter bean, red bean, pigeon pea, chick pea, cowpea and;  Industrial crops –sugar cane;  Culinary crops –onion, chili, vegetables and spices;  Plantation crops –coconut, banana, toddy palm and other fruits.

(Source: Myanmar Information Management Unit)

During the community consultation and site visit, it was found that, majority of block is depends on rain water (rain-fed cultivation) and localized irrigation system (irrigation from stream ditch, dug-well and some part of stream). However, in majority of the villages within the B-2 block, cultivation of two crops round the year is being adopted. The cultivation seasons of Paddy and Pulses are June to December and December to March. However, as per source of grain report of USDA Foreign Agricultural services, wheat is primarily grown for subsistence in the Sagaing Division and Shan State (western Myanmar) using seeds from harvested grain. These regions have limited rainfall, thus, yields are low at around 1.8 MT/HA. The landholding size varies from 4 Acres to 6 Acres per household and most of the households in the villages own agricultural land.

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Table 5-18: Principal Livelihood in Consulted Villages

Village Principal Land Holding Sl. No Remarks Name Livelihood Size Most households 1 Tashi Agriculture 5-6 acre/household own agricultural land Most households 2 Tomo mun Agriculture 5-6 acre/household own agricultural land Most households own agricultural 3 Nang Taw Agriculture 4-5 acre/household land, Share Croppers War Yone Agriculture and Most households 4 5 acre/household Kone Business own agricultural land Most households 5 Hupat Agriculture 4-5 acre/household own agricultural land Most households 6 Tat Kone Agriculture 4-5 acre/household own agricultural land Naung Agriculture and Most households 7 4-5 acre/household Khan Business own agricultural land Gway Dauk Agriculture and Most households 8 5 acre/household Bae fishing own agricultural land

Discussion with officials of Ministry of Agriculture and Irrigation (MAI) reveals the information on crop yield and price (please refer Table 5.19). This information is generally used for deciding the compensation rate. However, it is advised to consult in details with the MAI and village head while deciding the compensation rate. Table 5-19: Information on Crop Yield and Price

Sr. No Crops Yield (Lb/Acre) Price (kyat/Lb) 1 Paddy 3496 6000 2 Pigeon Pea 1224 18000 3 Beans 1224 18000 4 Sunflower 25000 7681 5 Potato 1436 600

Source: officials of Ministry of Agriculture and Irrigation

Animal Husbandry

During site visit, major livestock recorded with in the villages of B-2 block are Cattle (Bos indicus), Buffalo (Bubals bubals), Pig (Sus domestics), Goat (Capra hircus), Chicken (Gallus gallus), Duck (Anas platyrbynchos), Duck, Muscovy (Cairina Maschata) and Quail (Coturnix spp). Consultation with local people reveals that, there is no demarcated grazing land in the area expect from hupat village. Village wise livestock recorded during consultation is presented in Table 5-20. Table 5-20: Livestock Recorded in Surveyed Village

Sr. No. Lives stock within consulted villages

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Village name Cattle Buffalo (Bos indicus) /Cow 1 Tashi - 80 2 Tomo mun 150 500 3 Nang Taw 260 200 4 War Yone Kone 50 450

5 Hupat 100 150

6 Tat Kone 454 580 7 Naung Khan 756 516 8 Gway Dauk Bae 670 480

Source: Community Consultation

FIGURE 5-18: TYPES OF LIVELIHOOD WITHIN THE STUDY AREA

Paddy field after harvesting within study area Pulses cultivation within study area

Sunflower and beanscultivation within study area

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Cattle and Piggery within study area

Workforce Participation

The workforce participation in Myanmar has been analyzed through a study which was conducted by UNESCO and ILO in 2012 on workforce participation in Myanmar. For the study, data on labour force indicators have been collected for youth (15-24 years) and adult (25+ years) age groups. Detailed analysis of data as given in Table 5.21 shows that labour force participation rate for youth female is 71% which is higher than youth male (60.4%). In adult group, female workforce participation rate (93.4%) is slightly lower than male (94.6%). Statistical analysis on youth and adult age groups as presented in Figure - 5.19 shows that the unemployment rate of youth female is higher than male whereas comparison of youth with the adult group shows that youth are more unemployed than adult.

In addition to the employment and unemployed statistical analysis, type of workforce and remuneration for male and female have also been discussed with the villagers during community consultation. In all the eight consulted villages, it was found that agricultural labour are the main workforce in the study area followed by casual labour which are engaged on contractual basis in different type of works. The number of people in the service sector is very low in the consulted village.

On remuneration part, consultation with women group informed that male labour are getting more remuneration as compared to women labour for equal work. According to a report of Institute for Human Rights and Business (IHRB), a study on women remuneration also confirmed that women labours in Myanmar got lower remuneration as compared to male remuneration for equal work.

Analysis of data from secondary sources and community consultation also reveals that a considerable percentage of youth and adult workforce are migrating from the Myanmar to the Thailand and Malaysia in search of job or employment opportunity. The local people in the area are expecting improvement in employment opportunities and livelihood from industrial projects. Table 5-21: Workforce Participation in Myanmar

Youth (15-24) Adult(25+) Total Indicator Female Male Both Female Male Both

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Youth (15-24) Adult(25+) Total Indicator Female Male Both Female Male Both

working age population 2,452.30 2,432.80 4,885.10 4,736.60 4,143.40 8,880.0 13,765 (1000s) Vulnerable employment(1000s) Unemployment rate (%) 12.9 10.1 11.50 2.7 2.3 2.5 4.10 Unemployed (%) 354.2 274.4 628.6 339 293 632 1,260.60 Under employment rate (%) Net secondary enrolment 48 46 47 rate in 2010(%) Net primary enrolment 114.9 115 114 rate in 2010 (%) Labour force participation 71 60.4 65.7 93 96 94.6 84.40 rate (%) Labour Force (1000s) 1,741.20 1,469.80 3,211.00 4,422.3 3,981.1 8,403.4 11,614.40 Inactivity rate (%) 29 39.6 34.3 6.6 3.9 15.60

Employment- to - 49.9 51.9 50.9 78.4 88.3 83.1 75.40 population ratio(%)

FIGURE 5-19: TYPES OF LIVELIHOOD WITHIN THE STUDY

Source: Key Indicator of Labour Market, UNESCO 2013 and ILO 2013

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Source: Key Indicator of Labor Market, UNESCO 2013 and ILO 2013

5.15 PUBLIC HEALTH COMPONENTS

Medical Facilities

As per Multiple Indicator Cluster Survey (MICS) 2009-10, Lack of access to safe drinking water is a major contributor to diarrhea prevalence, with 80 per cent of child deaths due to diarrheal disease globally being attributed to poor drinking water, lack of sanitation and poor hygiene. Prevalence of diarrhea among children aged 0-59 months in Myanmar has increased from about 4 per cent in

2003 to almost 7 per cent in 2009-2010. In Sagaing, diarrhea prevalence stands Consulted with Village Doctor at Tomomun at 3 per cent.

Discussion with villagers and Dr. Htoonyeil in “Tomo mun” Village reveals that the facilities of village medical centers or hospitals are not available in most of the villages. Out of the eight consulted villages these facilities were available in Tomo mun, War Yone kone Hupat and Gway Dauk Bae villages. The village “Tomo mun” has a health center where a doctor (not MBBS) is available for medical checkup and consultations. Similarly, Hupat and Gway Dauk Bae have a small medical centers for the treatment of routine ailments. The prevalent diseases reported from the study area are general diseases like diarrhea in summer, typhoid, skin, malnutrition and diseases resulting from mosquito bites Malaria cases high during rainy season. Ambulance services were not adequate in the area. For any serious / critical disease, necessary healthcare facilities are in Pinlebu and Homolin town. The medical facilities in the consulted villages is presented in the Table - 5.15

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5.16 CULTURAL COMPONENTS

Myanmar has around a hundred different ethnic groups. Around 65% of the population consists of ethnic Burmese, while the remaining 35% are tribal and other ethnic groups are the Shan, the Karen, the Rakhine, the Chin, Kachin, and the Mon. In addition, there are pockets of Chinese and Indian (Assamese) immigrants, many of whom are living in Myanmar from generations, altogether.

Almost 90 percent of the people are Buddhists, and the proportion is higher among the Burmese majority. As stated earlier the population in the study area villages are predominantly Buddhists and of Burmese caste. Each village necessarily has a monastery and a pagoda which is a place of worship for the Buddhists.

Although the people celebrate a number of festivals yearlong, two festivals which were considered important by the local residents are the Water and Fire Festival. The Water Festival is a Buddhist festival which is celebrated for a period of 10-12 days in the month of April and culminates in the Buddhist New Year. The Fire festival is celebrated in the month of October and involves all manner of lights, lamps, candles and fireworks.

Social Life of the NAGAs People

Some parts of B-2 block in west region comes under Nagas regions. Nagas cultures and language are deferent from the Myanmar cultures. The social setting of the Nagas differs from the main land people but similar to their neighboring Tribal groups. They live distinctly and practice the things that are unique to them.

Nagas in Myanmar are basically found in Sagaing Division and Kachin state. The Naga territory in Myanmar is marked by Kabo valley in the south bordering to the Chin state, the Kachin on the North and the Burmese on the East. The townships which are populated by the Nagas are:

 Homalin

 Lahe with Tanbakwe sub-township

 Layshi with Mowailut sub-township and Somra sub-township

 Khamti

 Khanpat

 Namyun with Pangsau sub-township

 Tamu of Sagaing Division and

 Tanai of Kachin state

Community-oriented life style: The Nagas are basically community-oriented people and they are closely related to one another. Pains and joys are shared together in the family, among the clan members and villagers. Things and properties are conceived in terms of commonality and sharing to one another, the practice. This life style helps the Nagas to protect themselves from the enemies and achieve unity and peace and other things, which are essential to their living.

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Village structure: The scholars observe that the highest civilization developed by the Nagas is village civilization. Naga villages are usually situated on the hilltops or on the edge of huge rocks as to ensure the security and good climate for both the people and the crops. Every member of the village is responsible for the welfare of the village and security. Every village is free from class or caste unlike the mainland Burmese. Thus, it is one of the unique things that the Nagas maintain in the society.

The Morung: The word “Morung” is derived from the Ahom language. For the Nagas, it refers to “Naga traditional institute which was responsible for indigenous Naga education” (Takatemjen Ao).

Marriage and family: When a member of a family is grown up and able to manage for her or himself, the parents are responsible to arrange a spouse for him or her. In the past, love marriage was hardly found but arranged marriage was common for the Nagas.

The status of woman and children: Women and children are under the guidance of the husbands and parents. Basically, the Naga society is male-dominated and women are less privileged comparing to men. Though women are allowed to mingle with the men in the society, men for all the major decision-makings control them.

Ethics, festivals: Alike the people of other communities, the Nagas also observe and practice traditional ethics, which is rooted and born in the Naga soil. The Nagas are free and frank. The Nagas maintain loyalty, sincerity and faithfulness practically. Naga Traditional New Year Festival is celebrated in every Naga village from time immemorial. It is celebrated usually after the harvest and before starting the farming activities again. And it is celebrated on different days so that one village can go and participate in another village's festival. This festival is a value and an important festival for all the Nagas

FIGURE 5-20: STRUCTURE OF CULTURAL VALUES

Monastery and Pagoda

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6 Impact and Risk Assessment and Mitigation Measures

The impact from the proposed activities have been systematically identified, characterized and evaluated taking into consideration the nature of the activities and the sensitivity of the receiving environment. ONGC Videsh is fully committed for executing the mitigation plans for Environmental, Social and Ecology as mention in the report.

6.1 IMPACT AND RISK ASSESSMENT METHODOLOGY

Impact Identification

The preliminary identification of the potential impacts has been carried out based on the understanding of the project gained during the scoping exercise and field visit, consultation with ONGC Videsh representative, and professional judgment of the SENES team. It was further refined during the course of the study. An impact Identification matrix was developed to formally present an overview of its impacts. The matrix structure takes into account the environmental issues as well as the concerns of the community.

Risk Identification

To identify the type of risk due to various activities in seismic survey program, a risk register has been prepared and it would be implemented by the Sinopec (Contractor of OVL). The hazard identification has been categorized on the basis of impact on health, safety and environment. The identified hazards then assessed based on the risk to the community and workers. The assessment result shows that following three type of risk exist:

 High Risk: high frequency or probability with moderate to high consequence or severity

 Medium Risk: high - Moderate frequency or probability with low to moderate consequence or severity

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 Low Risk: Moderate to low frequency or probability with low to moderate consequence or severity

The HSE risk matrix and assessment result is presented in Figure -8.1 and Table 6.1 respectively.

6.2 ASSESSMENT OF IMPACTS

6.2.1 Potential Impact on Land Use

The proposed activities envisage setting up of fly camps for housing labour and clearance of ground for laying of seismic lines which might have probable impacts on land use.

Land traversed by the seismic lines are forest land (61%) agricultural land (7%), and villages (less than 1%).

The ground clearance for laying seismic line would be short as the seismic line has been reduced after reorientation. Setup of labour camp and fly camp in the Nam Kut reserved forest and Ta Gyaing Protected Public Forest and Nonlon Kyaing Protected Public Forest will not be required as no seismic line passes through these forest after reorientation. Setup of labour camp and fly camp in the reserved forest will be avoided to reduce the impact because of land clearance. Further, if setup of fly camp in the forest areas is required then prior permission/approval will be taken from the forest department.

6.2.2 Potential Impact on Soil Quality

As discussed in section 5.11.8 the soil quality is moderately fertile in multi-cropped area to low-fertile in upland area.

The project activities with is likely to have potential to impact soil quality are:

 Operation of fly camp (disposal of un-segregated waste, storage handling and transfer of fuel)

 Drilling of Short Holes (Maintenance of equipment, disposal of slurry)

The fly camp would be a temporary facility for 30 days constructed for stay of seismic crew. Parking of vehicles and staging area for equipments are not envisaged. So for the establishment of camp, strengthening and compaction of soil is not envisaged as a result establishment of camp does not have any significant impact. The activities which have potential result in change in structure of soil or contamination of the soil are discussed below.

Storage handling and transfer of fuels and Oil at Camp

The fly camp is expected to store fuels and oils to maintain operations (approximately 1000 l) which would be replenished from time to time. The storage handling and transfer of fuel has chances of contamination of the soil from accidental spillage and dripping. Since such contamination also has potential to impact other environmental components e.g. ground water the severity of impact would be high. The impacts would be limited to

P a g e | 140 March 17 | OVL ESIA for Seismic Activity - B 2 Block, Myanmar camp site and to the duration of the camp which is expected to be 30 days. The impact significance is considered to be medium

Severity Extent Duration Significance High (3) Medium (2) Low (1) Medium (6)

Drilling of shot holes

The drilling of shot holes would be carried out by truck mounted portable rigs wherever possible. The movements of machinery over agricultural land have potential for compaction of soil and also damage of crops as a result the severity of impact would be high for multi-cropped land and medium for single cropped land. The activity would have medium duration as it would be limited to a maximum of 30 days.

Water flush type drill would be used for shot hole drilling. The slurry generated would be disposed on the agricultural land and would be also used for filling of shot holes after completion of seismic operations. Thus impacts from disposal of slurry are thus not significant. Disturbance to topsoil for construction of pits would have negligible impact considering the size of pits and also that the pits would be restored. Considering both these activities impact would be medium.

Severity Extent Duration Significance

High (3) Medium (2) Medium (2) Medium (12)

Generation and disposal of Solid Waste and Waste Oils

Municipal Solid waste would be generated from the fly & base camp. Since, the operation is for a short time, development of dedicated facilities might not be possible. Thus in absence of any proper management facility the disposal of solid waste has chances causing nuisance and also contaminating soil. Also in absence of an established mechanism for disposal of waste oils the activity unless managed presents risk of contamination of soil as well as ground water. The significance of impact can thus be considered medium.

Severity Extent Duration Significance

High (3) Medium (2) Medium (2) Medium (12)

Mitigation measures

The following mitigation measure is proposed:

 Adequate compensation for crop damage due to seismic survey activities in agricultural field shall be provided to the affected people.

 Crop compensation shall be decided in consultation with village head and department of agriculture for damaged crop

 The fuel and waste oil would be properly stored and handled as per best management practices.

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 Solid waste would be collected, stored, treated and disposed in an environmentally safe manner.

 Movement of men and machinery will be restricted o to the area of seismic survey to prevent compaction.

 Preferably fertile agricultural land will be avoided. Highland which are not suitable for agriculture will be selected for setting up camps.

The mitigation measures to prevent contamination of soil by solid waste have been further developed as a Waste Management Plan. To prevent contamination by oils and waste oils Spill Management Plan has been developed. Soil Restoration Plan details measures to minimize impact due to compaction of soil.

6.2.3 Potential Impacts on Air Quality

No major industrial activity was observed in the block except for some rice mills. The movement of traffic in the block area is limited to mostly by the two-wheelers. In rural areas/villages, the bullock carts are still the main mode of transportation for the agriculture material. Most of the road is un-metaled resulting in entrainment of dust during movement of any vehicle. During summer, as the breeze blows, the generation of particulate matters from the roads and agricultural lands become more and deteriorate the ambient air quality further in the absence of ground cover and vegetaional cover.

The activities which are likely to have impact on the air quality include:

 Line Clearance and drilling of shot hole

 Site preparation for establishment of camps

 Running of DG sets at both base camp and fly camp

 Transport of machinery and Manpower

During site preparation for camp no earthwork is envisaged as also the size of the camp would be small because it would only be used by 65 people so the impacts would not be significant. In basecamp, DG sets of 100 KVA capacity will be used to avail the electric supply. Fly camp would also have portable DG sets. Vehicles would be used for moving drilling equipment, cables, geophones, explosives and personnel wherever access road exists. The vehicular movement would be limited to movement of the truck mounted rig and the pickup truck for movement of labour. Dust generation in this process would have large particle sizes and would not pose any serious threat on environment and health impacts to the workers or local residents.

During line clearance vegetation would be removed from a 1.0 m wide corridor while 15 m2 would be cleared at the shot hole site. Line clearance would be manual using cutters and hand-held equipment which would intermittently generate dust. As the operation is purely temporary the dust generated will settle in nearby vicinity. Water flush drill would be used for shot hole drilling, so dust generation would also not be significant from this activity.

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GHG emission

The GHG emission in the seismic survey is expected due to DG set operation and movement of project vehicle. Since, these two activities are temporary in nature therefore very low impact is anticipated. Further, seismic survey will be carried out in an open area and this factor will help to dilute the pollutant concentration. The GHG emission produced by diesel generators at the camps sites can be assessed by estimating the fuel consumption and emission factor data. Considering the purpose of DG set to provide electricity at camp site, significant fuel consumption is not foreseen thus negligible GHG emission will be released.

Estimation of CO and Impact on Health

The DG sets of 100 kVA and 25 kVA will be used for base camp and fly camp respectively. Electricity in base camp will be taken from state electricity grid therefore DG set will act as power backup. In fly camp, DG set will be the only source of electricity and it would be used only for some hours in the evening.

The burning of fossil fuel for running of DG set is likely to emit CO which is gaseous pollutant. CO may have impact on human and ecosystem. CO also act as greenhouse gas. However, concentration of CO due to short term operation of 25 and 100 kVA DG set would be insignificant. Further, impact in outside & open atmosphere will be local in extent.

According to AP-42 of EPA5 which is standard on compilation of air emission factors, CO concentration due to operation of stationary source has been estimated and found as 3.5 g/kw-hr. Taking into account operation of 25 kVA for 12 hrs/day operation, amount of CO would be 1.0 kg/day. For, 100 kVA DG set, CO emission is estimated as 1.4 kg per day (operation period 4 hrs/day being standby generator in base camp).

Considering the following facts, CO concentration and its impact on health of community would be insignificant

 Project duration is short and DG set will not be used continuously for long duration

 25 kVA DG set (to be used for fly camp) would not be kept at a single location for long duration. Its location will keep on changing along with fly camp location to facilitate seismic survey along the 2D lines.

 In base camp, requirement of electricity will be fulfilled by state electricity grid. DG set will act as power backup and operate in event of power failure only therefore operation of 100 kVA DG set at base camp would be intermittent in nature.

 DG set will be placed in open area to allow more dispersion and restrict accumulation of CO concentration at one place

5 https://www.epa.gov/air-emissions-factors-and-quantification/ap-42-compilation-air-emission- factors

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 Stack of sufficient height shall be provided to the DG set to facilitate more dispersion and low level of CO concentration at ground level

The impact would thus be of low significance

Severity Extent Duration Significance

Low (1) Low (1) Low (1) Low (3)

Mitigation Measures

The mitigation measures suggested to

 DG sets to conform to international standards of emission (noise and gases) from engines

 DG sets will be maintained at regular interval as per the manufacturer’s specification.

 Provide stack with sufficient height as per regulatory requirement.

6.2.4 Impact on Geology

As the Block B-2 is near to the Sagaing Fault, impact due to shot hole drilling and use of explosive on the Sagaing fault has been assessed. Use of explosive in shot hole to generate seismic waves, which travels through the ground, does not have potential to cause earthquake. The PPV quantum in 2D seismic survey program is very much low. Detailed estimation of PPV generated during the seismic survey is presented in section 6.2.5.

6.2.5 Potential Impact from Noise & Vibration

Noise generating activities in the study area are limited to some rice mill and movement of limited movement of mechanized modes of transport. The ambient noise levels were monitored within the block at 5 locations during baseline survey. The day time noise levels in the residential area are low around 50 dBA.

As described in Section 4.1.2, 2 km of seismic lines pass through close to residential structures. The residential structures in this settlement are made of bamboo/wood and mud. It was also observed all the villages have monasteries and pagodas which made of brick and cement mortar. Preliminary line specific study shows that the lines pass adjacent to the pagoda.

The proposed seismic surveys envisage undertaking:

 Running of DG sets at camps.

 Movement of vehicles for carrying material and personnel

 Operation of machinery and equipment

 Detonation of charge in shot holes.

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These activities would generate noise and or vibrations.

The DG sets would have acoustic enclosure as a result the noise emission from the same would be minimal and is not considered significant. Noise may be emitted from the operation of machineries and vehicles, which gets attenuated within 50 meters. Further night time movement of vehicles and operation of machinery would be avoided so the impacts from these activities would have insignificant.

Impact due to Vibration – Shot hole drilling

Vibration generated due to blasting activity is another issue of concern. The assessment is based on the peak particle velocity (PPV). The propagation of vibration and its intensity on the ground (measured using a particle velocity meter) is a measure of damage it can cause to structure and property above ground. In the proposed project, shot hole detonation will take place up to a depth of 20 m. Study shows that peak particle velocity (PPV) is the most accepted and used indicator of vibration levels. Most of the regulations and standards prescribe vibrations threshold in terms of the PPV. A study conducted to record the vibration from seismic program in Nanton area, Alberta. Study shows that vertical and longitudinal channels both yielded PPV value of 0.0476 mm/s whereas the transverse channel yielded 0.0635 mm/s for a series of dynamite shots. The computed peak vector sum (PVS) was 0.0794 mm/s which is smaller than the PVS obtained from natural vibrations monitoring (0.0953 mm/s). The PPV quantum in 2D seismic survey program is very much low and do not have potential to cause earthquake. However, to protect the above surface facility, located in proximity of blasting location, a safe distance (standoff distance) will be maintained. Canadian Association of Geophysical Contractors (CAGC) and International Association of Geophysical Contractors (IAGC) adopts standard methodology by applying the safe offsets between sources and facilities or infrastructure. The stand-off distance applied by CAGC is presented below:

(Reference: Vibration and Air Pressure Monitoring of Seismic Sourcesix) It is estimated that the vibration propagated from the charge (2-3 kg of ANFOx can affect structures up to 25 mxi from the shot holes location. Canada Oil and Gas Geophysical Operations Regulations (SOR/96-117) suggest standoff distance of 90 m for a residential facility in case of use of 2

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damage from vibrations if detonation is in close proximity. Cultural sites e.g. pagodas in the area (made of brick and cement mortar) may also get affected due to the proposed detonations (if in close vicinity) therefore a minimum distance of 90 m will be maintained from the blasting locations.

The severity of impact may be high for the buildings or dwelling structures located in proximity to the shot hole location. Since this vibration would be instantaneous the duration is low but the impact has a medium significance.

Severity Extent Duration Significance

High(3) Medium(2) Low(1) Medium (6)

Mitigation Measures

 The final location of the shot hole will be decided considering the sensitivity of structures along the seismic line

 use acoustic enclosure for DG set

 maintain setback distance to control vibration impact on nearby buildings

 After receiving environmental clearance certificate, OVL shall communicate with the local administration and villagers with preannouncement plan and keep them appraised about the seismic activity and will take care of their issues amicably.

 Identify and locate the buildings or dwelling structures (number and type of structures) within 200 m from shot hole locations

 Investigate the buildings or dwelling structures within 200 m with respect to post blasting damages

 If damages occurs to any household due to blasting activity, consult with landowner, Head of Village and administrative department of Myanmar Government to finalize the compensation

 Pay negotiated and mutually agreed compensation to the affected household owner

6.2.6 Potential Impact on Surface Water

The Chindwin and Irrawady Rivers along with their seasonal and perennial tributaries make the main surface water channels within the block (as mentioned in section 5.11.9) and are primarily used for irrigation and domestic purpose. Since the seismic lines is planned in the central and western part of the block therefore impact on Irrawady river flowing in eastern part of the block is not envisaged due to the proposed project. The activities which may have impact on surface water bodies are:

 Operation of Camps

 Drilling of Shot holes

 Maintenance of equipment

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 Accidental spillages from Oil Storage and Waste Oil

Handling of fuels and oil can result in accidental spillage. Even though the accidental spillage is likely to have severe impacts but the impact would be of medium significance because the quantity of oil stored in the fly camp is limited to 1000 lit.

Operation of Camps

The liquid waste generated from the camp unless treated and discharged is likely to degrade the quality of surface water bodies. The severity of impact would be medium as the impact would be reversible but can affect human health as the surface water is also used for drinking domestic purpose. The extent and duration of impact is also expected to be medium as the discharge has potential to impact beyond the camp and that the camp would operate at one place for a maximum period of 30 days.

Severity Extent Duration Significance

High(3) Medium(2) Medium(2) Medium (12)

Drilling of shot Holes

Water flush type drill would be used for shot hole drilling. The water requirement is estimated to be around 25 l which would be sources from the natural drainage channels within the block. The amount of water required for extraction is insignificant to have any impact on the water resources. However, most of the drainage channels in block are non- perennial and they become dry during the summer season therefore taking water for project activities from such drainages may cause conflict with local people or communities therefore severity of impact associated with the sharing water resources during summer or dry season can be considered as high. The extent and duration of impacts are also medium because of limited period of shot hole drilling at particular location. The impact would have High significance.

Severity Extent Duration Significance High (3) Medium(2) Medium(2) High (12)

As per the planning of seismic survey, seismic line also pass through the Chindwin and its tributaries in western part of the block therefore shot holes can be drilled in these water bodies as a result of which water quality may be impacted due to high turbidity and TDS. Since Chindwin Rivers along with its tributaries serve as the source of drinking therefore high turbidity and dissolved solids may lead to rejection of water by community and it may in turn have community objection risk on project. considering the short duration of activity and reversible nature of impact, extent and impact can be considered as low however risk of community oppose and rejection of water for drinking purpose makes severity as moderate.

Severity Extent Duration Significance

Medium (2) Low (1) Low (1) Medium (2)

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Mitigation Measures

 Storage of fuel near the surface water bodies will be avoided to extent possible. Spill kits will be provided at all storage locations

 Try to avoid shot hole drilling on spot in Chindwin River and its tributaries which is being used by community

 Don’t extract water from drainage with low water flow/quantity.

 Take consent of nearby community prior to taking water from surface water bodies

6.2.7 Potential Impact of Aquifer & Ground Water Resource

The prime source of drinking water and domestic use in the B-2 block is ground water through dug well or tube well. The depth to water table varies between 25 m b.g.l. to 30 m b.g.l.

The water would be used for drilling of shot holes using water flush type drilling techniques. Water would also be used for fly camps and base camp. The sourcing of water for these activities have potential to impact the water resources. Since ground water would not be sourced for the purpose the same has not been considered for the evaluation.

The activities which can have impact on the ground water resource is:

 Detonation of Charge in Shot Holes

The blasting activities have potentiality to crack the rock structure which may affect the aquifer. However, the shot hole blasting would be done on alluvium or sedimentary rock in most of the area thus may not have any impact on the aquifer.

The blasting can also have damage the structure of dug wells/ ring wells. These have been considered in the section on socio-economic impacts.

Severity Extent Duration Significance

Low (1) High (3) Low (1) Low (3)

Mitigation Measures

 Ground water sourcing will be restricted for all project activities domestic or shot hole drilling

6.2.8 Potential Impact on Ground Water Quality

The activities which have potential to affect the ground water quality include:

 Disposal of solid and liquid waste

 Accidental Spillage of Fuels and Oil

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The contamination of ground water due the explosives is not expected as it is ensured that explosives are detonated and monitored through remote controllers. Considering the above activity impact of aquifer and ground water resources will be Low.

The accidental spillage of fuels and oils has potential to impact the ground water and have medium significance. These have already been assessed in above section.

Disposal of Solid and Liquid Waste

The solid and liquid waste generated during the operation of camp has potential to contaminate the ground water unless they are treated before disposal. The severity of impact on groundwater quality is considered high as it can direly impact human health while the duration would be high and extent low as the activity would be concentrated at one location for the entire life of the project.

Severity Extent Duration Significance Medium(2) Low (1) High (3) Medium(6)

Mitigation Measures

 The septic tank at fly camp and base camp respectively will be in operational before the personnel occupy the camps.

6.2.9 Potential Impact on Ecology

The proposed seismic lines will pass through some stretches of reserved and protected public forest. The activities which would have some impact on the ecology include:

 Setting up of labour camps

 Line Clearance and drilling of shot hole

Due to reorientation in seismic lines and reduction of its extents, impact in terms of land clearance and vegetation removal will also reduce significantly.

Setting up of Camps

It has been already stated that the Reserved Forests as well as Protected Public Forests were found to be under anthropogenic pressure from the local villagers where the locals used to depend upon the forest resources/forest produce. The forests were also found degraded. The proposed block does not fall within any designated Protected Area (Wildlife Sanctuary, National Parks, and Wildlife Forest etc.).

As per the Myanmar Forest Law, 1992, with approval of Government the minister can amend in diluting the status of the Forest area or part of it. Whatsoever it may be, irrespective of the type of forest (Protected Public Forest, Fuel Reserved Forest, Commercial reserved Forest, Local supply Reserved Forest etc.), in case setting up of labour camp in the vicinity of forest area, the negative impacts are expected as the camp can have associated impacts on the flora, fauna and land, from likely discharges or disposal of untreated waste, waste oil or accidental spillage. Besides, cutting of trees for

P a g e | 149 March 17 | OVL ESIA for Seismic Activity - B 2 Block, Myanmar heating and cooking purposes, scaring, hunting and disturbances to the local fauna by the laborers cannot be ruled out. Although the seismic survey is considered to be very short term and the likely impacts are also reversible in nature, still then without having migratory measures/management plan, the level of impact from labour camps located near the forested area can be considered as moderately significant.

In case the labour camps are set up in non-forested land, may not may not require clearance of trees or ground vegetation. Labour camp management plan will also reduce the impact level to negligible.

Severity Extent Duration Significance Moderate (2) Low (1) Low (1) Moderate (2)

Line Clearance and drilling of shot hole in Forest Land

During the course of seismic survey, approximately 928 lkm which would pass through reserved forest and protected public forest area and the activities related to it will require tree cutting/lopping and groundcover clearance. The area proposed for seismic survey requires ROW, having width varied from 1-3 m. Proposed survey shall be conducted only once at one location and type of equipment proposed to used shall have minimum clearance of flora. However, due to blasting of shot holes, impact on fauna is expected but for short term only. No endangered or protected plant species have been reported or identified during baseline studies.

Seismic lines have been drawn and the lines also cover forest areas but it is not necessary to conduct the seismic survey in all the lines. Attempt shall be made to avoid forest area and in case it is required for seismic survey within forest area then permission as required shall be taken from forest department. Considering the limited scale of activity the severity impact on forest areas will be medium.

Severity Extent Duration Significance Medium(2) High (3) Medium(2) High (12)

Line Clearance and drilling of shot hole in Non-Forest Land

In case the line passes through the homestead plantation, vegetation clearance will be required. Although there is no significant wildlife habitat/ecological sensitivity exist in the block, however, some small mammals and common bird species are recorded from this area. The severity of impact would be low while the duration and extent can be considered as medium. And this impact is considered to be reversible because the nature and duration of the activity.

Severity Extent Duration Significance

Low (1) Medium(2) Medium(2) Low (4)

Impacts on Wildlife Sanctuaries

As no sanctuary and natural area falls within the B-2 block impact on natural areas and sanctuaries are not anticipated. With reference of Clause 15(b) (attached as Annexure-

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XI) notified by Myanmar Govt. Mahamyaing and Baw Di Tahtaung (from Saging region) has been proposed as natural area and does not fall within B-2 block. As the seismic survey activities will be limited along the seismic lines and within the B-2 Block therefore areas located outside of B-2 block will not be impacted.

Chatthin Wildlife Sanctuary

Chatthin Wildlife Sanctuary was established in 1941 and covers roughly 103 square miles and parts of Kantbalu and Kawlin townships in Sagaing Region. The forests are dominated by indaing (dipterocarpus) plants, as well as teak and other hardwood trees. It is one of the habitats of a rare type of dry forests where the species Eld’s deer - called rucervus eldii or ‘Golden Deer’ in Burmese – lives (source: http://nationalzoo.si.edu/scbi/ConservationGIS/projects/thamin/peopleandforests.cfm).

But the forest and its species are under threat from poaching and encroachment, while authorities struggle to stave off the sanctuary’s decline. “Locals trap and kill the deer for a small amount of money (Htet Khaung Linn, 2015, Published in Myanmar Now. http://www.myanmar-now.org/news/i/?id=ac810f8c-7c21-4a4c -aa23-26d76d7dd14c).

In terms of area, the block area awarded to the project developer may be large but the seismic line activity shall only be restricted to along the seismic line identified. The seismic line map has been presented in the ESIA report. The proposed block is located 30 km away from the Chatthin Wildlife Sanctuary. Since this project block does not fall within the sanctuary area or its buffer area, no impact is envisaged from this project activities on the flora and fauna of this wildlife sanctuary.

The management plan for the forest areas (Reserved and Protected Public Forests) where the seismic activity will take place has been presented in the ESIA report.

Htamanthi Wildlife Sanctuary

Htamanthi Wildlife Sanctuary is located 70 km north of the block boundary. And since this project block does not fall within the sanctuary area, no impact is envisaged from this project activities. Hence, no mitigation plan is required.

Impact on Roofed Turtles

Although roofed turtles were not sighted during the primary survey from the Chindwin River, but the impact on them from the seismic activity could not be ruled out. To avoid any disturbances to turtles, mitigatory measures shall be adopted as mentioned below.

Mitigation Measures

As stated above, the proposed block does not fall within any of the wildlife sanctuary. Hence, no mitigation plan is required for the sanctuaries namely as Chatthin and Htamanthi WLS. At the same time it is important to draw a mitigation plan to protect the forest areas where the seismic activities will be conducted. These are as follows:

 Camps will not be located within/in the vicinity of Reserved Forest or Protected Public Forest area

 The labour force shall be trained to restrain themselves in hunting/injuring /scaring any wild animal exist in the forest areas and also from cutting/lopping trees in the

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project area. The alternative fuel shall be provided to them for cooking and heating purposes at their labour camps.

 Obtain necessary permission and guidelines from the forest department to carry out seismic survey activities in the forest area

 In case of felling of trees, all the trees shall be collected and deposited in the nearby timber depot or necessary action shall be taken after consulting the local forest official.

 If crop are damaged due to seismic survey, the community/owners need to be informed in advanced and compensated for the loss.

 Up-rooting of the vegetation shall be restricted during line clearance within the forest or non-forest areas, so that regeneration of the vegetation will not be a problem.

 No discharge of solid and liquid waste into river Chindwin shall be taken.

 Laborers shall be limited around the Chindwin River during the seismic activity.

 Laborers shall be advised not to harm/catch turtles if they come across during the seismic activities.

 Record of turtle sighting around the seismic area shall be maintained. .

A specific plan has been developed for managing ecological impacts are presented in Ecological Management Plan.

6.2.10 Potential Impact on Socio-Economic Environment

The activities which have potential to have impact with the socio-economic environment include:

 Setting up and operation of camps

 Drilling of Shot holes

 Line Clearance for Seismic Activity

 Detonation of Charge

Setting up of Camps

The camps can be potential sources of differences, discussions and debate with the local population because of:

 cultural differences between the labors in the camps and the local people

 Differences because of use of shared resources e.g. water etc.

 nuisance created by the camps due to disposal of waste

 conflicts with owners over lease of land

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These can have severe impacts on the project. The setting up and operation of the camp can thus have significance beyond a particular location and thus is considered to be of medium significance.

Severity Extent Duration Significance High(3) Medium(2) Medium(2) Medium (12)

Line Clearance for Seismic Activity

In agricultural land especially in multi-cropped areas there would be some loss of crop especially where dry season crops e.g. groundnut and maize would be cultivated or in places where paddy is cultivated from assured irrigation. Men and Machine (truck mounted rigs) would be required to be move along the seismic lines for drilling of shot holes. This could result in economic losses to the people in the area. Hence, even if the severity of impacts is medium the extent of impact would be medium as the impacts would extend over a considerable portion of the block. The impact is thus considered of medium significance

Severity Extent Duration Significance Medium(2) Medium(2) Medium(2) Medium (8)

Drilling of Shot Holes

For transport and movement of machinery, pubic infrastructure e.g. roads and bridges would also be used. Condition of some of the bridges in the study area is not good and might get damaged due to the movement of vehicle. Moreover, most of the village roads are not metaled with separate tracts of loose material for bullock carts. Damage to these roads or tracts can be a potential source of conflict with the local people. The severity of impact would be medium as also the significance of impact.

Severity Extent Duration Significance

Medium(2) Medium(2) Medium(2) Medium (8)

The drilling of shot holes inside the settlements can cause inconvenience to the residents but since the activity would be for a very short span of time the significance would be low even if the severity of the impact can be considered as medium.

Detonation of Charge

Since 2 Km of seismic line passes through/adjoining residential structure vibration generated from detonation of charge during the seismic activity has potential to cause damage within 45m – 90 m in case of using dynamite quantity 2 kg to 4kg. The vibration may result in cracks in the semi-permanent houses in the vicinity. The damage to structure can result in losses, hence the severity of impact is thus considered high in the vicinity of such seismic lines, as also the duration and extent because the potential of damage may occur along the settlements where these lines pass close to the residential area.

Mitigation Measures

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Do not perform seismic survey activities near the households. Always maintain a safe distance from the nearby households and public infrastructure and religious buildings to avoid impact.

Considering the maintenance of safe distance, impact will be insignificant.

Severity Extent Duration Significance

High (3) Medium(2) Medium(2) High(12)

BOX: 7.1: IMPACT ON NAGA COMMUNITIES AND THEIR CULTURE FROM THE PROPOSED PROJECT ACTIVITIES-

The seismic survey shall be conducted along the identified seismic line. The seismic line survey will be taking place along the western side of the block. As this project activities comprise seismic line survey, a minimum labour force will be required and the duration will be very short. In general, influx of labour force hired from outside may lead to socio-economic issues and possible cultural clashes with the native communities.

But in this case, the labourers shall be hired from the nearby villages and the labour force will be very less in number. The impact from project activities/or from labour force on Naga communities/their culture are not envisaged. At the same time, in terms of the mitigation plan, it would be kept in mind to keep the labour camps far away from the ethnic tribes ( in particular Naga tribes), so that issues related to cultural differences and possible clashes will not take place. The labour force (if engaged outside from Naga area) will be asked to respect the local cultures and cultural values not to hurt the sentiments of the local Naga.

6.2.11 Impact on Job & Economic Opportunities

The seismic activities i.e. line clearance, drilling of shot holes etc. would require approximately 50 unskilled labour who would primarily be sourced from local population for the duration of surveys. Further of operation of the camp supplies would be required which would be sourced from local people proving them with opportunity indirect source of income. The impact would thus be considered positive.

Severity Extent Duration Significance

Positive Positive

Women Participation

Women work participation as compared to male is more in the area. However, in practice; women do not receive equal pay for work of equal value, although the law guarantees equality between men and women as reported by Institute for Human Rights and Business (IHRB) in 2013 and also verified during consultation with women in the study area. If unequal remuneration to women labors will be adopted by seismic contractors

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then it may be a risk of legal violation as well as it may create conflict therefore severity of impact associated with unequal remuneration can be considered as high.

Women in the study area, generally uses pond, canal and river for bath and washing purpose. Local conflict can be happened regarding women harassment/disrespect by migrant labors during seismic survey. Further, sharing of wood-fuel and other common property resources without getting consent from the community may also result in conflict with community. Villages in the study area use wood as fuel for cooking purposes. Not only firewood but stem of pulse and beans, and other agricultural residuals have been utilized by local community for daily cooking in the villages.

Severity Extent Duration Significance

High (3) Medium(2) Medium(2) Medium (8)

Mitigation measures

 The shot hole placement will be decided based on minimum impact to the habitation. Efforts will be made to design the survey in such a way that there is minimum impact.

 Grievance of the community will be recorded and addressed.

 Decide value of crop compensation in consultation with village head and Department of Agriculture

 Provide compensation to the affected people for the damage of crop and structures as a result of seismic survey activities

 Provide training to the migrant labour and seismic crew to behave with local community in culturally appropriate manner.

 Ensure through monitoring/audit that women labors are being paid equal remuneration

The interaction with community a Community Management Plan has been prepared.

6.2.12 Potential Impacts on Cultural Properties

The settlement areas in the B-2 Block have monastery/pagodas which are used as places of meditation and efforts are made by the community to maintain serenity not only within the monastery but also in the areas around it. The drilling of shot holes and detonation of charge might have impact on these properties. As discussed earlier the vibration can cause damage to the property.

Drilling of Shot Holes

The drilling of shot holes in the vicinity of the shrine would not only cause noise but would also cause inconvenience by disturbing the environment to which the community might be sensitive and has potential for conflict. The severity of impact is thus considered high in the vicinity of such areas and severity and duration considered medium.

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Severity Extent Duration Significance

High(3) Medium(2) Medium(2) Medium (12)

Mitigation measures

 The planning of seismic surveys will be done taking into consideration social sensitivities e.g. cultural and religious festivals, prayer timings etc.

 The shot hole drilling program will be taken in consultation with the community and village head

6.2.13 Potential Impacts on Public Safety

There is limited vehicular movement in the project area. Most of the traffic in this area is un-motorized. The vehicular movement during the project is envisaged through the settlements of Pinlebu, Pombin, Zay di etc.

The seismic surveys have potential to cause public safety especially during:

 Movement of Vehicles (Explosive and Crew)

 Charging of Shot Holes

 Decommissioning of Shot Holes

During decommissioning unless the holes and pits are closed properly they have potential to cause accident especially with livestock getting trapped in these holes. Since it is a practice to fill the holes after the seismic surveys if done diligently would not have significant impact

Movement of Vehicles (Crew and Explosive)

The transport of explosive either to the store or from store to the field for daily use poses danger to the public safety from accidents especially in stretches which are accident prone or are congested. The severity of impact is high and the extent of impact can be high as the explosive would be stored at a central location and transported regularly

Additionally, most of the movement of vehicles would be done along village roads there are chances of accidents especially along settlement areas. Even though the volume of traffic due to the project is not high i.e. 7-8 vehicles would be travelling, but given the low density of motorized traffic the significance of impact is medium.

Severity Extent Duration Significance

High(3) Medium(2) Low(2) Medium (6)

Charging of Shot Holes

The shot holes would be charged with explosives and might be left overnight. The presence of explosive has potential the cause serious injury/death to the people if

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tampered with. The significance of the impact would be medium since the shot hole depths will be about 20m.

Severity Extent Duration Significance

High(3) Medium(2) Low (1) Medium (6)

Mitigation Measures

 Adequate safety measures to be adopted during transport of explosive and crew.

 Safety of transport and handling of explosive

 Closure of the shot holes during decommissioning

A Blasting Management Plan has been developed for matters which pertain to public safety. The traffic related safety measures have been presented in the Road Safety Management Plan.

6.2.14 Potential Impacts on Occupational Safety

The operation of drilling equipment, transportation of labour poses normal occupational safety issues which would be covered by normal working HSE procedure of the seismic contractor. The handling of explosive is one aspect which will be given special consideration.

Handling of Explosive

The handling of explosive will only be done by trained and authorized personnel. The local labors will not be allowed to handle these unless they have been trained because it can cause serious injury/death. The significance of Impact is thus considered high.

Mitigation measures

 The explosives will not be handled by any untrained or unauthorized person.

 Regular audits will be conducted to identify unsafe practices.

 Nearby settlements or communities will be informed about the scheduling of blasting.

6.2.15 Potential Impacts on Health

Impact due to the project activities on surrounding has been assessed. As the seismic survey will engage number of migrant and local people who needs to travel form one area to another along the seismic line in order to complete the operation therefore changes in surrounding atmosphere may cause impact on their health. Following factors are identified as the root cause of health impact:

 Consumption of unsafe drinking water

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 No use of mosquito repellent cream and other measures

 Not maintaining hygiene condition in labour camp

 Non availability of medical help in labour camp and nearby area

A safety and health plan for workers has been prepared and attached as Annexure XIV in this report. Further, some of the salient points of safety and health plan are as follows:

 Safe or treated drinking water shall be provided to the labour

 As the Malaria disease is common in the area therefore mosquito repellent cream shall be provided to the labour.

 It will be ensured that stagnant water do not accumulate in the labour camp and nearby areas

 Hygiene condition in the toilet and wash room area shall be maintained

 Paramedical assistance shall be available in the camp. In addition, coordination with nearby medical Centre to provide additional medical help, if required.

6.3 RISK ASSESSMENT & DISASTER MANAGEMENT PLAN

Introduction

The purpose of risk assessment and disaster management plan is to control and manage the potential environmental, health and safety risks/impacts associated with seismic survey activities and maintain an effective response mechanism to deal with possible community issues and complaints

Identification and Assessment of Hazards

To identify the type of hazards due to various activities in seismic survey program, a risk register has been prepared and it would be implemented by the Sinopec (Contractor of OVL). The hazard identification has been categorized on the basis of impact on health, safety and environment. The identified hazards then assessed based on the risk to the community and workers. The assessment result shows that following three type of risk exist:

 High Risk: high frequency or probability with moderate to high consequence or severity

 Medium Risk: high - Moderate frequency or probability with low to moderate consequence or severity

 Low Risk: Moderate to low frequency or probability with low to moderate consequence or severity

The HSE risk matrix and assessment result is presented in Figure -6.1 and Table 6.1 respectively.

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FIGURE 6-1: RISK MATRIX

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Table 6-1: Risk Assessment

Hazard Person Risk Risk level Priority NO Hazard Description Consequences Controls Recovery Action by Whom Identification. Affected Level in out Evaluation HEALTH Selection acceptable w ater source Work may be suspended Employees suffer Filtering and purifying or boiled for -First Aid Camp Manager Drinking Water stomachache, or delayed drinking w ater H1 All Staff F4*S3 F3*S2 Low - Camp Manager Polluted vomiting and Patients need take Regular testing at several points of Hospitalization Doctor diarrhea medication use. (both chemical and bacteriological) Work may be suspended or Focus on management on food purchase, storage, process delayed Cook must pass medical examination Camp Manager Patients need take Employees suffer prior to Low -First Aid Doctor H2 medication stomachache, job and at regular interval Camp Manager Food Poisoning All Staff vomiting and In the w orst case, F4*S4 F2*S3 - Kitchen must be clean and neat Hospitalization Supervisor diarrhea employees may suffer Do not eat w ildlife and vegetation Permanent injury or die. -Metabolism is in Health education and self-protection disorder training -Body lack of w ater HSE Manager Loss of consciousness Flexible w ork time to avoid w orking Working in Hot and -First Aid Party Chief H3 Field Staff at peak High Climate salt; Perspire In extreme condition, Supervisor death F3*S5 time F2*S3 - profusely, Hospitalization Do not overw ork and be tired Camp Manager collapse; may be occur Enough food and w ater -Hardly breathe. Optimize operation proc es s ; try to

f inis h the project before the acute If bitten by a spread period.

mosquito carrying Wear sleeve clothing and use bed net to virus, the person V irus can be spread reduce may experience quickly among staff exposure time Party Chief -High/low Patients need Low temperature Maintain good housekeeping, Use Supervisor hospitalization insecticide to - H4 Malaria All Staff -Perspire profusely F5*S5 F3*S4 Camp Manager Serious case leads to kill mosquito Hospitalization -Loss appetite; death. Doctor Disinfect area w here someone is -Coma and infected and convulsion Hospitalized. If bitten by a Low

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Hazard Person Risk Risk level Priority NO Hazard Description Consequences Controls Recovery Action by Whom Identification. Affected Level in out Evaluation mosquito carrying Optimize operation proc es s ; try to virus, the person f inis h the project before the acute may experience spread period. V irus can be spread Party Chief -Very high fever quickly among staff Wear sleeve clothing and use bed net to Supervisor reduce H5 Dengue Fever All Staff -Joint pain, nausea Patients need be F5*S5 F3*S4 - Camp Manager and exposure time hospitalized Hospitalization Doctor vomiting Serious case leads to Maintain good housekeeping, Use insecticide to For serious case, the death. symptom includes: kill mosquito -Stomachache badly Disinfect area w here someone is infected and -Vomiting continuously Hospitalized. -Short of breath Bee and scorpion Collect information on animals stings categories, There is a may cause severe behavior, habitats, and train employees

prevalence of allergic self-protection skills HSE Manager

snakes, bees and Reaction. Field staff w ill take adequate first aid Supervisor

scorpions in w ork Snake biting may cause medicines and w ear PPE at w orksite High Supervisor area, if someone Attacked by bleeding, pain and If w ild life is observed, inform all the staff -First Aid Supervisor H6 snakes, bees and Field Staff invades their sw ollen, F4*S5 F3*S3 scorpions habitats; the risk of Nearby. If necessary, assemble staff -Rescue Doctor being bitten is very w ith poison spreading together. high. tow ards heart, the injured Never w ork alone maybe paralyzed, hardly SAFETY • Employ licensed and experience drivers, drivers -Driver is fatigue or must be physically fit to job and pass not qualified defensive • Journey Driving course. -Vehicle is in bad manager maintenance • Traffic rules must be follow ed, No -First Aid • Journey -Passenger improper drunk driving, • Collision w ith other High -Rescue manager behaviors vehicles, pedestrians No over speed driving. -Notification • HSE Manager -Vehicle is and fixed objects • Passenger must fasten safety belt • HSE Manager overloaded or • Overturning or loss of prior to S1 Traffic Accident All Staff F4*S5 F3*S3 • Mechanic over speed control starting vehicles and follow the driver’s -Road is rugged and instruction narrow • Safety equipment (Safety Belt, Airbag, Rollover

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Hazard Person Risk Risk level Priority NO Hazard Description Consequences Controls Recovery Action by Whom Identification. Affected Level in out Evaluation Bar, Alarm Sign, First Aid Kit) • Maintain vehicle carefully and periodically • Magazine construction and acceptance must be under local authority’s supervision, Enough manpow er at explosive magazine to keep 24 hours guard • Vehicles for transporting explosives must be

strong enough, be in good mechanical condition

And periodically inspected. During

transportation,

a qualified coordinator acts as guard;

detonator

-Explosive materials must be segregated from dynamite and • Party Chief be stolen or lost in an Medium • Journey -Explosive materials Approved container. Personnel manager be detonated involved in • Inventory must be kept updated • HSE Manager unplanned • Legal non- Explosive Material explosive compliance • Personnel involved in explosives -First Aid • HSE Manager Transportation, material -Infrastructure or handling must people • People injured or die -Rescue • Supervisor S2 Storage and Handling, F3*S5 be trained and certificated F2*S4 Local are too close to shot • Infrastructure -Notification • Shooter handling • Safety distance requirement must be community damaged • Supervisor point w hen explosive observed • Supervisor fired and Shot point must be clear of any infrastructure • When fired, area adjacent the shot point must be restricted • The follow ing actions are strictly forbidden: Bumping, Dragging, Rolling and friction • PPE

-Electric fire cause by • Regular check electric circuit and aged circuit, overload electric Medium and equipment failure appliances to avoid electric fire • Electrician -Smoking, cooking • Personnel is injured

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Hazard Person Risk Risk level Priority NO Hazard Description Consequences Controls Recovery Action by Whom Identification. Affected Level in out Evaluation can also cause fire and burnt • Do not burn w aste near Base Camp • Camp Manager S3 Fire Office Staff- Cutting, Burning and • Property and F3*S5 • Smoking in designated places, put out F2*S3 -Rescue • Camp Manager w elding generate equipment’s stubs -Notification • Camp Manager sparks and fire are destroyed • No fire / smoke zones are designated • Camp Manager -Fuel is inflammable • Environment is at material • HSE Manager polluted house, fuel storage place and workshop, w arning signs are posted in prominent places • Fire extinguishers, fire hoses and sand are available; • Regularly conduct fire inspection. • Fuel area must keep a safe distance • Personnel are injured aw ay from Fuel is inflammable, and • Camp Manager camp, w hich will be restricted with barrier burnt • Camp Manager Fire and explosion or Personnel may break out by: • Property and Low -Rescue • Camp Manager w orking in -Static electricity equipment’s guard rails, the area around w ill be free S4 Fuel Area fuel area F3*S5 and F2*S3 -Notification • HSE Manager -Lightning are damaged clear of any dried grass and w eed • HSE Manager • Environment pollution • Fuel area must be in good ventilation • All electricity system w ill be grounded • Smoking is strictly prohibited, safety w arning signs must be displayed at site -Smoking and open fire • Fire extinguisher and spill container must be • Person on duty -Spark provided -High temperature • The vehicle engine and mobile phone must be Turned off, w hen fueling. • PPE

Hazardous material • Hazardous material must be stored in w ith physical and restricted Place, w here safety w arning chemical properties signs are displayed. • Camp Manager can cause: • Personnel are injured • MSDS is available; personnel must be Low • HSE Manager Personnel -Skin burn or and burnt follow the instruction on it. S5 Hazardous Material corrosion F3*S4 F3*S2 -First Aid • HSE Manager on duty • Environment pollution • Inventory w ill be kept and updated -Fire • HSE Manager • Washing facility and PPE -Environment

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Hazard Person Risk Risk level Priority NO Hazard Description Consequences Controls Recovery Action by Whom Identification. Affected Level in out Evaluation pollution • Workshop must keep safety distance aw ay from fuel area, w here safety warning signs are posted, good housekeeping is maintained floor is free

from grease and oil

• Machines and tools w ill be maintained

Periodically, and checked again pre-use. Operations at • HSE Manager w orkshop w ith the Only Low • Mechanic follow ing hazards: • Personnel are injured Qualified w orker can operate. • Mechanic -Mechanical harm by • When not in use, electric equipment • Property and -First Aid • Mechanic Personnel machine and tools equipment’s must be S6 Workshop on duty F3*S4 F2*S3 -Rescue • HSE Manager -Fire by cutting and are damaged isolated w elding • Compressed Gas Cylinder must be • HSE Manager stored separated and labeled • PWT w ill be carried out for hot w ork • Good ventilation, fire extinguisher and PPE • Installation, maintenance, examination must be Electric shock may occur w hen: done by a qualified electrician, anyone not --bad electricity Authorized are prohibited to handle. system design and installation • Carry out PWT and lockout & tag out

-Unsafe action to • Safety w arning signs must place in generator or critical • Electrician electricity circuit Places. Low system. • HSE Manager • Electrician must w ear PPE w hen -Aged circuit system, • Personnel injured, in w orking, follow -First Aid • HSE Manager S7 Electric Shock Officer bad case, may be dead F3*S5 F2*S2 -Rescue • Electrician Staff overload, insulating the safe operation standard • Electrician equipment and • Over current and voltage protective protective equipment equipment do not is available, regular safe check is w ork conducted to Eliminate near misses. -Employees fall from • PWT system must be observed Low

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Hazard Person Risk Risk level Priority NO Hazard Description Consequences Controls Recovery Action by Whom Identification. Affected Level in out Evaluation height and be injured • Select and safe use of appropriate • HSE Manager Working at Height Employee Employees contact ladder, ladder -First Aid • HSE Manager S8 (Camp) on duty w ith overhead • Personnel injured F3*S3 w ill be inspected regularly F2*S2 -Rescue • HSE Manager structure • Employees w orking at height w ill be • HSE Manager -Materials fall and physically fit and experienced w ith good impact judgment person beneath • Assign an coordinator, cordon off the -Ladder overture area • Never w ork alone, when working, wear life vest and safety rope, foreman instructions w ill be follow ed • Stop w orking under bad w eather condition and • Supervisor at night • Bathing is forbidden. • When Bridging is absolutely necessary, ensure materials and structure is strong enough for load • Tough and experienced personnel are selected for access clearance and equipment movement

• Optimize route, avoid obstacles and

cliffs, and • Party Chief Watch out unstable rocks. • Supervisor -Slipping and falling • Ropes tied on firm stakes can facilitate from height Medium • Supervisor climbing, -Struck by falling • Supervisor • Personnel injured, in if required -First Aid Slipping and falling rocks serious case be dead • Supervisor at Hilly Area • Reduce burden as much as possible S9 Field Staff -Flood, land slide, F3*S5 F2*S2 -Rescue • Equipment damaged • Special attention to caves and mosses • Supervisor Mud-rock flow • Working alone is strictly prohibited • Supervisor • Stop w orking under bad w eather condition • PPE -Chain saw and • Chain saw and machete must be Low machete operation maintained in • Supervisor

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Hazard Person Risk Risk level Priority NO Hazard Description Consequences Controls Recovery Action by Whom Identification. Affected Level in out Evaluation -Trees fall tow ards • Personnel injured, in good condition and used follow ing • Supervisor Survey Operation staff serious case, disabled or manufacture’s -First Aid • Permit man dead S10 Survey -Enter into w ild F3*S5 Instruction or good practices. F2*S3 -Rescue Supervisor Staff animal • Ecosystem impaired • When trees falling, staff must be at • HSE Manager habitats and disturb opposite them.(See H6) place against trees falling direction -Vegetation and trees • Obtain the w ork permission from local Being cutting. forestry bureau, minimize the clearance activity to protect Environment. • HSE training and PPE -Impacted by drilling pipes or kinetic parts -Entangling or • Drillers and assistances must be draw ing in trained and qualified rotary parts of drilling • Access restriction rigs • Drilling machine w ill be maintained in good -Straining or spraining condition, machine guards must w ork w hen drilling movement w ell • HSE Manager

-Fire broken out if • Manual handling management • Supervisor Medium fuels of • Smoking is strictly prohibited at • Mechanic • Personnel injured, in drilling rig engine serious case be dead w orksite, fuel • Supervisor ignited • Drilling machine must be kept at a safety place -First Aid • Supervisor S11 Drilling Operation Drilling F3*S5 F2*S3 Staff -Electric Shock w hen damaged • When machine is running, the following -Rescue • Supervisor the • Environment pollution activities are prohibited: cleanness, • Supervisor drilling rigs erected movement, near refuel and lubricant; overhead power lines • PPE -Mud pit pollutes • Mud pit w ill be filled after operation. environment ENVIRONMENTAL

It is recommended to send the w aste to the certified and contracted company for

disposal. If the services are not -Waste include: • These w astes may available, the follow ing practices w ill be Low w aste w ater, contaminate w ater observed: E1 Waste Disposal source and environment. F3*S3 F2*S2 -Reclamation • Camp Manager industrial w aste, • Recyclable w aste w ill be sent to household garbage. recyclables

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Hazard Person Risk Risk level Priority NO Hazard Description Consequences Controls Recovery Action by Whom Identification. Affected Level in out Evaluation collection station • Waste separate into w et and dry, w here dry rubbish burn and w et rubbish dispose to hole That have size about 1 x 1 x 1 m3. Each field camp prepare rubbish disposal place both w et and dry, w hile rubbish place for w et overload have to dig The new hole immediately. • Waste w ater includes grey w ater and black w ater, two sew age systems and w aste w ater pits w ill be setup to separate grey water from Black w ater. • Education and training to promote staff environmental protection aw areness • No one is allow ed to make environmental -Wild animals may damaged such as hunting for bird, be disturbed by field buffalo and operations, and their other w ild animal habitats be invaded Low • HSE Manager or damaged • No one is allow ed to cut endangered species of • Supervisor -Some w ild plants E2 Wildlife Protection and vegetation may • Ec osystem impaired F3*S3 plants as w ell as valuable species which F2*S2 -Restoration • Supervisor may be be cut during trail • Supervisor clearance useful for local people • When clearing trail, a minimum w idth of Vegetation is allow ed to be cut-off. • Cleaning up field area from debris that

might be • Supervisor produced by field activities Low • Supervisor • All construction must be dismantled -Reclamation -Some w aste may be • Supervisor produced at field and and Land Restoration • Environment pollution F4*S3 F2*S2 Restoration material w ill be dispose properly • Supervisor

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Hazard Person Risk Risk level Priority NO Hazard Description Consequences Controls Recovery Action by Whom Identification. Affected Level in out Evaluation • The slush-pits hole is also must be buried, shot holes must be refilled E3 • Us ed w ires must be re-collected. • Photos comparison is to minimize the “footprint”, recover the area to its original uninhabited state, and ensure that the environment is not damaged due to our

Operations.

• Camp site will be kept clean and tidy

-Environment at w ithout Low • Camp Manager Camp area is Junk and contaminant on the surface affected soil. -Reclamation • Camp Manager Camp Restoration • Environment pollution F4*S3 F2*S2 and -Some w aste may be • Sumps and pits w ill be filled in. An Restoration • Camp Manager produced extra cap of soil w ill be put on top to compensate for Compaction. • Check fuel tank and valve of vehicle and engine, once oil spill is found, immediate repair must be Performed.

• Enough material for preventing oil spill w ill -When vehicles and Be provided. Such as shovels, sand, engine fueling, fuel absorb mat. • Mechanic spill may occur Low • If the spill goes onto the ground, such • HSE Manager -Handling, loading a spill • Person on duty and offloading fuel • Soil and w ater may be contaminated Will be sacked up w ith absorbent pads. E4 Fuel Spill material may cause F3*S2 F2*S1 -Restoration • Person on duty fuel spill. • Contaminated soil w ill be removed to • Supervisor burn pit, and the hole filled w ith clean soil • Park vehicles and equipment aw ay from w ater, Forest and w ildlife habitat.

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Disaster Management Plan

Disaster management plan has been prepared to control the risk consequences as soon as possible. This disaster management plan would comprises following two components:

 Management plan to control the risk due to blasting activities – Activities such as blasting, charge preparation, loading of shot holes, blasting of shot holes and storage of explosive may cause risk to community and workers if not managed carefully. To control the risk, blasting management plan has been prepared and presented in section 8.7.8 .

 Emergency Response Plan – The ERP will be triggered with an objective to minimize the risk as soon as possible. OVL will ensure the implementation of ERP through Contractor “Sinopec”.

Emergency Response Plan

Emergency response plan has been prepared to facilitate the responses in an emergency event. The emergency response plan comprises incident report management, emergency response flow chart and format to note down emergency contact number. The detailed emergency response plan for seismic survey and shot hole drilling are attached as Annexure – XII and XIII respectively.

6.4 COMPREHENSIVE MONITORING PLAN

Comprehensive monitoring shall be carried out to identify whether the mitigation measures adopted are effective. The monitoring includes:

 Implementation of the EMP measures

 Visible signs of pollution/contamination

 Grievance of the community

The environmental monitoring plan as presented in Table 6.2 below shall be implemented. Monitoring indicators have been developed to ascertain the environmental and social performance. Table 6-2: Environmental Monitoring Plan

Environmental Monitoring Period & No. Performance Location Responsibility Parameter Frequency Indicator (EPI) Air Monitoring – Visual observation smoke and dust of smoke and dust generated from generation and DG set and site Site & approach OVL through A1 community Daily clearance / road contractor complaints levelling and regarding dust and vehicle smoke emission movement

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Environmental Monitoring Period & No. Performance Location Responsibility Parameter Frequency Indicator (EPI) Maintain record of Sourcing of volume of water Sourcing and OVL through A2 water for shot Daily sourced and usage areas contractor hole drilling consumed Complaints by the Community Grievance local communities OVL through A3 health and Records and Weekly contractor safety Safety Records No. of Accidents Health surveillance OVL through Medical records Monthly of workers contractor Labour camp Sanitation status of maintenance OVL through labour camps and Weekly records and contractor canteen premises weekly inspection Usage of proper Occupational PPEs A4 health and Safety performance Construction site OVL through Daily safety indicators viz. LTIs. labour camp contractor Near misses, fatalities etc. Explosive storage Implementation of area, OVL through Blasting transportation and Daily contractor Management Plan handling (record keeping) Visual observation Disposal of Septic tank and OVL through A5 of leaks overflows weekly sewage soak pits contractor etc. Odour Maintain record of Disposal of solid OVL through A6 waste generation Base Camp Weekly waste contractor and disposal

Noise generated Noise receptors – from shot hole Noise pressure OVL through A7 village Monthly drilling and DG level in dB(A) contractor settlements set

Make inventory of buildings and Per shot hole dwelling units Pre and post Buildings and OVL through A8 location (at the time within 200 m blasting activities dwelling units Contractor of blasting) from shot hole locations

To make monitoring effective and practicable, “HSE unit” will be setup at the site. The HSE unit will comprises Professionals deputed by OVL and seismic contractor (Sinopec). HSE plan and mitigation measures will be implemented by seismic contractor in supervision of OVL representative. In addition, Head HSE from OVL HQ at New Delhi will monitor the performance through weekly report. HQ HSE team shall take all measures to check the HSE compliances as & when required. Organization charts showing the communication and reporting between OVL and Sinopec and HSE team of Sinopec are presented below:

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Organization chart – HSE Unit

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6.4.1 Environmental Audit, Reporting and Review

Fortnightly audits would be carried out to ensure that the practices suggested is adhered to. The audit would not only focus on the practices and management measures but would also look into the record keeping and also into actions taken against previous noncompliance.

The reporting and review mechanism is detailed in Error! Reference source not found.3: Table 6-3: Reporting and Review Mechanism

Reporting Frequency Review Monitoring Report Weekly Project Manager (Seismic Contractor), HSE Officer (OVL) under guidance of Country Manager (OVL) Audits Fortnightly Project Manager (OVL) / Country Manager (OVL)

The review meeting would not only look into the problems but would also analyze whether action has been taken to address the non-conformance which has been identified in the earlier monitoring or audits. The resource required for implementation if any would also be provided

6.4.2 Responsibility of OVL and Sinopec

The responsibility to implement the HSE plan and EMP has been distributed between OVL and Seismic contractor. A short description of responsibilities are given below:

Monitoring of Camp Development

The Project Manager (Seismic Contractor) in consultation with Country Manager (OVL) would be responsible for the monitoring of establishment of the camp. They will also ensure that infrastructure required for protecting the environment has been developed.

The plans for the EMP implementation include the Siting of camps, sourcing of resources especially water, storage of fuels etc. would be prepared by HSE (Seismic Contractor). The plans would be duly approved by the respective Project Managers. The Project Manager (Seismic Contractor), HSE Officers under guidance of Country Manager (OVL) would be responsible for implementing the same on the ground.

Monitoring of Camp Operation (Base & Fly Camps)

The camp –in-charge of the Base Camp/ any person who is maintaining the role /HSE Officer (Seismic Contractor, OVL) under guidance of Country Manager (OVL) would be responsible for monitoring of all the measures specified in the management plans are adhered to and implemented. Similarly in case of fly camp it would be camp-in-charge or Seismic Survey In-charge /HSE Officer (Seismic Contractor) who would have to undertake this role.

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The Project Manager (Seismic Contractor), HSE Officers under guidance of Country Manager (OVL) would be responsible to ensure that any infrastructure or support required is made available. They would however also has a supervisory role to ensure that the management measures as stated are implemented.

Monitoring of Seismic Activities

All activities including the i) Area / Land Scouting & Source Point Positioning, ii) Line Clearance, iii) Shot Hole Drilling and Loading iv) Detonation, v) Recording and vi) Decommissioning has been considered under this. The Seismic Survey in-charge would be primary responsibility to monitor the implementation of measures as stated in the EMP. The Seismic Supervisor (OVL) would ensure these measures are implemented.

Monitoring of Interaction with Community

The HSE Officer (Seismic Contractor) would be responsible for monitoring the interfacing with the community. He would also be responsible for recording grievance and communicating the same to the Seismic Survey In charge. The HSE Officer (OVL) under guidance of Country Manager (OVL) would have overall be responsible of community interaction.

Monitoring of Traffic Management

The HSE Officer (Seismic Contractor) in consultation with HSE Officer (OVL) under guidance of Country Manager (OVL) would prepare procedures which would be implemented by the HSE Officer (Seismic Contractor) to monitor the traffic management. The responsibility of capacity building will be on the Seismic Contractor.

Monitoring of Safety Management

The HSE Officer (Seismic Contractor) would be responsible for developing the process in consultation with the HSE Officer (OVL) under guidance of Country Manager (OVL), who would approve the same. The Seismic Survey in-charge will be responsible for implementation while HSE Officer (Seismic Contractor) & HSE Officer (OVL) under guidance of Country Manager (OVL) will provide support of training. The Seismic Supervisor would ensure that the contractor implements the Plan. The Project Managers of Seismic Contractor & OVL would ensure resources are made available.

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7 Cumulative Impact Assessment

The cumulative impact has been assessed in the proposed project. The block is dominated by forest. No industrial activities of similar nature i.e. seismic survey is in operation within the block. Hence, cumulative impact will be limited to the OVL operations only. The entire project has been categorized into following three activities:

Setup of base camp – The establishment of base camp requires clearance of vegetation, arrangement of basic amenities (water, toilet, kitchen etc.) for the worker’s accommodation. Impact due to this activities would be limited up to clearance of shrubs and herbs.

Line clearance and shot whole drilling – This activity requires clearance of access route, transportation of equipment to the site, movement of project vehicles, drilling of shot holes and management of mud. Vegetation clearances, disposal of mud and safe blasting operation are the main area of concerns associated with this activities.

Storage and transportation of explosive – The explosive will be stored under the proper security measures. The explosive storage area will be isolated with restricted entry. Safety risk is the main concern associated with the storage and transportation of explosive. A specific management plan will be developed to control the impact.

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8 ENVIRONMENTAL AND SOCIAL MANAGEMENT PLANS

8.1 PROJECT DESCRIPTION BY PROJECT PHASE

The proposed project will have three phase (1) Construction, (2) Operation and (3) Restoration. The construction phase will include line clearance activity to prepare the way for access and to initiate the operation. The operation phase will comprises shot hole drilling and blasting activities. The final phase is restoration phase. In the restoration phase, shot holes will be backfilled and site will be restored to previous condition.

8.2 PROJECT EHS POLICY, COMMITMENTS, LEGAL REQUIREMENTS AND INSTITUTIONAL ARRANGEMENTS

ONGC Videsh Ltd. (OVL) has corporate QHSE & Risk Management policy in place which will guide and direct the OVL team to implement the HSE practices and control the risks. OVL policy represents environmental and social commitment of OVL and this policy shall be applicable on all the projects managed by OVL team. OVL has also implemented QHSE Management System with certification of ISO 9001:2015, ISO 14001:2015 & OHSAS 18001:2007. Institutional arrangement to implement the environment management plans and HSE practices in proposed project will be made as per the integrated management system (ISO 9001:2015, ISO 14001:2015 & OHSAS 18001:2007). OVL takes the responsibility of implementation of EMP and HSE practices through seismic contractor. A HSE unit will be setup for the effective implementation of EMP and HSE practices. The component of HSE unit is presented in Figure 8.1

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FIGURE 8-1: ORGANIZATION CHART – HSE UNIT

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The responsibility and resource requirement have been defined as follows:

8.3 RESPONSIBILITY

For the implementation of the Environment Management Plan assigning the roles and responsibilities is important. It is however important that these roles are in sync with the overall roles of seismic surveys. The roles of the professional for each of the plans have already been defines. This section defines the roles by activities.

Camp Development

The Project Manager (Seismic Contractor) in consultation with Country Manager (OVL) would be responsible for the establishment of the camp and also ensure that infrastructure required for protecting the environment has been developed.

Camp Operation (Base & Fly Camps)

The camp –in-charge of the Base Camp/ any person who is maintaining the role /HSE Officer (Seismic Contractor, OVL) under guidance of Country Manager (OVL) would be responsible for ensuring that all the measures specified in the management plans are adhered to and implemented. Similarly in case of fly camp it would be camp-in-charge or Seismic Survey In-charge /HSE Officer (Seismic Contractor) who would have to undertake this role.

Carrying out Seismic Activities

All activities including the i) Area / Land Scouting & Source Point Positioning, ii) Line Clearance, iii) Shot Hole Drilling and Loading iv) Detonation, v) Recording and vi) Decommissioning has been considered under this. The Seismic Survey in-charge would be primary responsibility of ensuring that the measures as stated in the EMP are implemented. The Seismic Supervisor (OVL) would ensure these measures are implemented.

Interaction with Community

The HSE Officer (Seismic Contractor) would be responsible for interfacing with the community. He would also be responsible for recording grievance and communicating the

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same to the Seismic Survey In charge. The HSE Officer (OVL) under guidance of Country Manager (OVL) would have overall be responsible of community interaction.

Traffic Management

The HSE Officer (Seismic Contractor) in consultation with HSE Officer (OVL) under guidance of Country Manager (OVL) would prepare procedures which would be implemented by the HSE Officer (Seismic Contractor). The responsibility of capacity building will be on the Seismic Contractor.

Safety Management

8.4 RESOURCE REQUIREMENT

The details of expenditure budget including ONGC Videsh team, manpower cost and duration has been estimated and provide below:

ONGC Videsh Man-year Rate Deployment & Budget Manpower working S.NO. Level $/HR HR/DAY Apr-17 May-17 Jun-17 Jul-17 Total day/MONTH Country 160 8 2 2,560 2,560 2,560 2,560 10,240 Manager HSE officer -HQ New 160 8 4 5,120 5,120 5,120 5,120 20,480 Delhi HSE officer 10* 8 8 640 640 640 640 2,560 Seismic 160 8 30 38,400 38,400 38,400 38,400 153,600 Supervisor Total 46,720 46,720 46,720 46,720 194,560

Contractor shall be having the separate expenditure for their deputed team.

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Table 8-1: Roles and Responsibilities for Implementation of EMP (Seismic Survey B-2)

Conducting Seismic Establishment of Camps Surveys Operation of Camp Management Review

Resource &

Allocation

Review

Auditing

Fly Fly Camp Fly Camp

Loading &Loading

Detonation,

BaseCamp BaseCamp

Recording Recording &

Monitoring

Land Scouting Land

Line ClearanceLine

Shot Drilling Hole Shot

Decommissioning

OVL

Project Manager / Country Manager

Seismic Supervisor

HSE Officer

SEISMIC CONTRACTOR

Project Manager

Seismic Survey In-charge

HSE Officer

Primary Responsibility Secondary Responsibility

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8.5 SUMMARY OF IMPACT AND MITIGATION MEASURES

The potential significant impacts identified based on Severity, Extent and Duration are:

Impact on soil: disturbance to topsoil during drilling of shot holes, compaction of soil due to movement of vehicles, generation and disposal of waste and waste oil.

Impact on Surface water: from shot hole drilling, liquid waste and waste water generated and discharged from camps.

Impact on Ecology: Especially when base camps are setup within forest areas and also from line clearance within forest areas.

Socio-economic impact: One of the likely social impacts between the laborers (if hired from outside) and the local villagers from using/sharing local resources and cultural differences is envisaged. But since, efforts shall be made to hire local laborers so that employment opportunity can be generated for them and pressure on local resources shall be reduced.

The economic opportunities for the local people would have positive impact on the community.

Potential Impact on Public Safety: This impact is envisaged from the movement of men and machinery as well as transport of explosives.

Occupational Health and Safety impacts: Occupational health and safety impacts are envisaged from handling of explosives during the seismic survey. Table 8-2: Impact and Mitigation Measures Summary

Mitigation Management S.No. Aspect Impact Responsibility Measures Plan Preservation of top Disturbance soil and reuse after to top soil completion of work during drilling Store waste oil and Spill of shot holes Management Implementation by oily waste Sinopec (sub- 1 soil Soil appropriately in Soil contractor) contamination container in safe Management due to Monitoring by OVL area Restoration plan disposal of waste oil and Disposal of oily oily waste waste into the soil will not be allowed Deterioration Shot hole will not of water be drilled into the quality due to water bodies mixing of mud (Rivers and into the water streams) Waste 2 Surface Water during shot Liquid waste Management Sinopec hole drilling (sewerage) Plan Deterioration generated from the of water labour base camp quality due to will be treated in discharge of onsite septic tank

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Mitigation Management S.No. Aspect Impact Responsibility Measures Plan liquid waste and soak pit from labour system camp Clearance of ground vegetation (shrubs and herbs) will be limited Clearance of within the shot hole ground area and 1 m Ecological 3 Ecology vegetation (along the seismic Management Sinopec and tree line for access) Plan trimming Permission from Forest Department will be taken prior to work in Forest areas Use of DG set with acoustic enclosure No working in night time Effect of noise Noise and vibration Maintaining a 4 Noise and Vibration Management Sinopec in minimum safe Plan surroundings distance from the nearby house to nullify the impact of vibration on surrounding DG set will be act as power backup Stack height of 4 m Generation of or more will be CO due to provided to Air Quality operation of 5 Air Quality disperse the Management Sinopec 100 KVA DG ground level Plan set (in Base concentration camp) Maintenance of DG set will be done at regular interval Where ever possible locals people will be Local engaged for Community unskilled work employment Engagement generation Crop loss will be Plan estimated and Loss of crop Blasting in agricultural compensation will Management 6 Socioeconomic Sinopec field and be provided to the Plan landowner along the Road safety and seismic line Appropriate safety traffic Charging of measure such as Management shot hole isolation of place plan by barricading and putting warning sign will be taken at the shot hole

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Mitigation Management S.No. Aspect Impact Responsibility Measures Plan drilling site Shot hole drilling Drilling of shot location will be Blasting Cultural 7 hole near the placed at safe Management Sinopec Resources/properties Pagoda distance from the Plan Pagoda/Monastery

8.6 OVERALL BUDGET FOR IMPLEMENTATION OF EMP

EMP Implementation: ONGC Videsh is going to conduct 2D Seismic survey which shall tentatively start from October 2016. Seismic vendor has been identified and approved by MOGE on 23rd Aug 2016. Total fund for carrying out 2D Seismic survey is almost USD 10 Million (Block PSC B-2), which includes the funds required for compliance of environmental management plans. Approximately, 5% of project cost (0.5 million USD) would be spent for implementation of EMP and HSE practices.

CSR Activities implementation: ONGC Videsh has allocated USD 95,000 for CSR activity in this project. Some activities have been proposed in section 8. 9 for the consideration as CSR project. The CSR items will be selected in consultation with regional government; however the budget remains fixed. The indicative cost of each activity is being provided below:

Item Unit Rate No of Unit Total Distribution Long-Lasting $7 1,000 $7,000 Insecticidal Nets

Community Biogas $35,000 2 $70,000 Community level solar $300 60 $18,000 street light

$95,000

8.7 ENVIRONMENT MANAGEMENT PLANS

This Environmental Management Plan is a site specific document for seismic operations of OVL in B-2 Block. The document would act as a guide for the OVL and its seismic contractors for implementation of the geophysical survey program minimizing damage to the physical environment or inconvenience to the community. The EMP would help them, understand the potential environmental and social risks arising from the proposed project and plan the program so that the risks are minimized or managed.

This EMP will be considered to be an overview document that will guide environment management of all aspects of OVL’s activities in B-2 during the seismic operation. This EMP may also be considered as flexible and will be backed up by more specific Environmental Action Plans, Procedures and Bridging Documents during the seismic planning.

The actions described in the EMP have drawn from the principles laid down in the:

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 International Obligation of Myanmar

 National Policies and Regulations

 Industry Best Practices and guides

Local Environmental and Social Sensitivities which have been identified during the environmental and social studies have also been incorporated. It also takes into consideration OVL’s corporate HSE Policy. The plan also outlines the roles and responsibilities of both OVL and the contractors involved in the implementation of the plan. ONGC Videsh is fully committed for fulfillment of compliances as per environmental and social management plans. The Environment Management Plan details out the measures to be implemented by both OVL and the seismic contractors during various stages of the seismic survey operations within the B-2 Block. The following environmental management plans have been formulated in line with the proposed seismic survey:

 Waste Management Plan

 Spill Management Plan

 Blasting Management Plan

 Ecological Management Plan

 Community Management Plan

 Traffic Management Plan

 Site Restoration Plan

 Air Quality Management Plan

OVL will ensure communication of the aforesaid management prior to seismic surveys to the seismic contractor.

8.7.1 Air & Noise Quality Management Plan

Scope

The Air & Noise Quality Management Plan is applicable for all activities e.g. operation of DG sets, operation and maintenance of vehicle and equipment etc. which has potential for causing air pollution.

Purpose

The Air & Noise Quality Management Plan establish specific measures to be adopted during these activities such that it does not pollute the environment.

Mitigation Measure: Operation of Generator Sets & Vehicles

 DG sets at the fly camp will be provided with acoustic enclosures and would be sited considering the proximity of sensitive receptor location viz. community settlements,

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schools etc. At the Base Camp DG sets will have all mechanism to prevent noise and would be fitted with a stack which is Ht. of the building + 2.5 meter.

 All Generators sets and vehicles will be subjected to periodic preventive maintenance in accordance to manufacturer’s specifications. A log of the maintenance will be maintained.

 A log of the number of hours of operation and the fuel consumption will also be maintained. The same would be tracked to account for Green House Gas Emissions.

 Night time movement of vehicle will be restricted to prevent any potential disturbance to village communities because of noise.

 There will be periodic monitoring of point source emission and noise generated from generator sets in accordance to a “Reporting and Review”.

Responsibility

The Seismic Survey In-charge would be responsible for implementing the plan during the survey in coordination with the HSE Officer (OVL) under guidance of Country Manager (OVL)

8.7.2 Spill Management Plan

Scope

The Spill Management Plan is applicable for all activities involving handling and transfer of fuel which has potential for causing soil and water pollution.

Purpose

The Spill Management Plan establishes specific measures to be adopted during these activities to prevent contamination.

Mitigation Measure: Fuel Storage and Handling

 Fuel storage facilities in the fly camp to be located at a safe distance from water courses/channel and agricultural fields.

 It will be ensured that fuel storage facilities have a secondary containment s ystem, such as a berms, capable of holding the capacity of the largest container plus an appropriate volume to accommodate rainfall.

 Fuel would be stored in covered location to prevent rainwater incursion into the containment area but would be located away from any source of open fire. All stationary fuel storage areas will maintained free of other combustible material to isolate potential fires.

 Appropriate fire extinguisher measures will be available near the fuel storage area

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 Routine inspection of fuel storage tanks will be undertaken and any leaks will be reported immediately.

 Valves will be provided between the output of the tank and the refueling hose.

 Fuel truck which would be used for replenishing stocks at the fly camp will be provided with refueling hose and connections

 Ensure storage of drums used for storage of fuel either at the fly camp or at the base camp is not corroded and also detect any leak.

 The storage drums will be proper labeled and display label for storage of inflammable liquids.

 Drip trays will be provided during fuel transfer to avoid any spill. It will be ensured that such trays are used during refueling.

 Spill Kits and absorbent pads to be provide at all location where fuel or oil is either handled or stored.

 All spills or leaks of oil or fuel need to be immediately cleared and the material stored in plastic containers.

 Develop and implement an emergency response plan to manage accidental spills. The plan to be communicated to the responsible seismic operation crew members and reviewed regularly at training or safety meetings.

Responsibility

The HSE Officer (Seismic Contractor) would be responsible for implementing the plan during the survey in coordination with HSE Officer (OVL) under guidance of Country Manager (OVL). The Project Managers (Seismic Contractor) will be responsible for making the infrastructure available and allocating resources.

8.7.3 Waste Management Plan

Scope

The Waste Management Plan is applicable for all process and non-process waste streams which are generated during the seismic operations e.g. shot hole drilling wash water, kitchen waste and sewage and waste (used) oils. Lead acid batteries are not expected to be generated from the proposed project operations but in case of chance generation the same has also been considered.

Purpose

The Waste Management Plan establishes specific measures to ensure proper collection, storage, treatment and disposal of the identified process and non-process waste streams.

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Mitigation Measures

Quantity Waste Mitigation Measure (approx.) Non-Hazardous Waste Waste water from Shot 10 L/per shot Reduce waste water generation by Recycling of Hole drilling hole wash water to the maximum extent possible. Sun Dried in Pit and used for back filling of shot hole Kitchen Waste 4.5 Kg/day per Avoid Littering of waste fly camp Segregated and stored in designated waste bins. 15 Kg/day for All waste bins will be properly labeled and Base Camp covered. Kitchen waste will be treated in composting pit located in consultation with the village/ host community. Provision of proper PPEs viz. hand gloves, nose masks for personnel involved in the handling of kitchen waste. If camp located in proximity to any township the waste will be disposed in the designated disposal site of the township in consultation with the administration. Sewage 1.6 KLD /fly The sewage generate from fly camp will be camp (0.3 KLD collected in a mobile sewage tank Black and 1.2 The sewage would be collected regularly and KLD grey) 5.5 treated in the base camp facility and disposed. KLD for Base The black water of the base camp would be camp (1.1 KLD disposed through septic tank. Black and 4.4 KLD Grey ) The gray water treated physically and disposed in a soak pit (capacity 5 KLD). The soak pit will decommissioned during decommissioning of camp. The grey water from the base camp would be disposed in municipal sewer or waste water channel of township after necessary permissions. Regular supervision will be undertaken for the domestic waste treatment system to report any overflows, leakage, foul Odour etc. Recyclables viz. paper, Depending on Proper segregation and storage of recyclable plastic etc. usage waste in designated bins onsite. Recyclables will be periodically sold to local waste recyclers. Hazardous Waste Used Lead Acid Battery If generated Waste (used) acid battery will be stored in properly labeled located in paved and isolated area. Inventory of Waste (used) acid battery generated to be maintained including the disposal methods All hazardous material to be sent to recyclers Used oil Depending on Waste (used) will be stored in properly labeled usage and covered bins located in paved and bonded area.

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Quantity Waste Mitigation Measure (approx.) Spill prevention measures viz. spill kit will be made available at the hazardous material storage area Inventory of waste oil generated to be maintained including the disposal methods All hazardous material to be sent to recyclers

Responsibility

The Camp-in-charge (Fly Camp)/ HSE Officer (Seismic Contractor) would be responsible for implementing the plan during the survey, in coordination with HSE Officer (OVL) under guidance of Country Manager (OVL). The Project Managers (Seismic Contractor) will be responsible for making the facilities available

8.7.4 Ecological or Forest Management Plan

Scope

The Ecological or Forest Management Plan is applicable for all activities during the seismic survey which would be undertaken to compensate the occurrence of whatsoever impact on the local ecology or forest during the short period of seismic survey.

Purpose

The Ecological or Forest Management Plan establishes specific measures to ensure to prevent the destruction of ecology or forest during the Seismic survey.

Action Plan

 The forest department officials will be informed prior to working at forest areas and necessary regulatory approvals obtained for working in forest areas within or outside the seismic block.

 Necessary guidance as provided in the regulatory clearance issued by Forest Department will be adhered to. In addition OVL/Seismic Contractor will involve a Forest Official to provide necessary guidance during the working in forest areas.

 No fly camp will be established inside or within a 1km of the forest areas. Disposal of waste will not be done on Forest Land.

 The line clearance inside forest areas will be restricted to 1 m only, either side of the line.

 Uprooting of vegetation, cutting of trees, collection of any forest produce to be prohibited. Hunting of animal, damaging of nest will be prohibited.

 During establishment of fly camp the vegetation will be cut (if required) just above ground level and root stock preserved to enhance regeneration.

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 Whatever the amount of trees will be felled/lopped, all will be collected and deposited in the nearby timber depot or necessary action shall be taken after consulting the local forest office about it.

 Burning practice will not be adopted for ground cover clearance, which may lead to forest fire. Every possible care would be taken to prevent naked flames or lights when operating in forest areas to avoid forest fires.

 It will be ensured that no member of the seismic team collect firewood from the forest area.

 Each member of the seismic team would be briefed on the Do’s and Do not’s for operation in Forest Areas during Induction Training. A booklet detailing these Do’s and Do not’s for seismic survey in forest is provided in Annexure VII. During induction training behavior which would be adopted during the seismic survey would be detailed. If any member of the seismic team is found to be in violation of the above the same would be reported to OVL and necessary actions taken.

 Site inspections will be undertaken prior to line clearance activities for laying of seismic lines and establishment of fly camps to ensure minimal impact on sensitive ecological communities.

 If any large animal or nesting site is spotted the location would be documented and the same intimated to the local forest official and OVL by the seismic team. The team will operate as per the guidance provided by the official. OVL will also make an official communication to the Forest Department intimating the sighting.

 Truck mounted drilling will be allowed in forest areas especially in moderately or densely forest cover areas to adhere to the ground clearance of 1 m and minimize the disturbance to natural habitats.

 No refueling or maintenance activity will be carried out in forest areas.

 Night time activity in forest areas will be restricted.

 All shot holes will be properly restored as described in the Site Restoration Plan.

Responsibility

The Seismic Survey In-charge would be responsible for implementing the plan during the operation of survey inside forest areas. The HSE Officer (Seismic Contractor) along with Forest official will conduct site inspection.

The regulatory compliance relating to working inside the forest area will be the responsibility of Project Manager (Seismic Contractor) / Country Manager (OVL). Seismic Supervisor (OVL) would ensure that the seismic contractor adopts the practices specified in the plan.

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8.7.5 Community Management Plan

Scope

The seismic activities would have a number of areas of interaction with the local community. There could be potential for differences with the community during operation of fly camps (use of water and other local resources), during the drilling of shot holes (due to damage to crops, severance of access), firing of shot holes (closure of access, damage to structure).

Purpose

The Community Management Plan outlines specific measures to be adopted and implemented by OVL to maintain good relation with the community and at the same by taking mitigation measures where the community can be disadvantaged.

Action Plan: Land Utilization

 The process of negotiation of land and other natural resources will be transparent and also free from any coercion. There will be free and fair informed decisions.

 The lease agreement if any for development of camps will clearly specify the tenure of use, rent or rates payable and will specify clearly the renewal process. It will also have clear statement of the state the land would be handed over to the owner or as the case may be.

 If crop is damaged the owner will be compensated for the loss. A framework for compensation of crop will be worked in consultation with MOGE, MOAI and the local administration of the township.

 If any structure e.g. dug wells and houses is damaged then owner will be compensated for the loss. Framework for such compensation will be prepared in consultation with MoGE, village head and local administration of the township

Action Plan: Community Safety

 The community will informed about the project specially settlements where the line passes through them. The community will be informed about the potential inconveniences and safeguard measures.

 The working area of shot hole site will always be barricaded to prevent entry of unauthorized persons. Spares or unused machinery will not be left unattended

 Once the drilling activity has been completed in settlement the machinery will be decommissioned and removed. Waste or debris if any will be cleaned.

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Action Plan: Community Interaction

 The community will be informed in advance about any drilling program within the settlement areas or near cultural properties.

 Any road diversions and closures will be informed in advance to the villagers who are accessing the defined routes. Alternative routes would be identified in consultation with the community.

 The complaints from community if any, will be promptly registered and corrective action taken. A framework for corrective action for the damages will be developed along with MOGE and local administration to ensure that the actions are free and transparent. The action will be consistent and as per a framework developed for the project.

 Activity within the cultural property e.g. pagoda etc. is prohibited. In case any activity is carried out in the vicinity of the cultural property consultation would be carried out with the community. The primary objective of such consultation will be to share project plans and impacts with the concerned villagers/stakeholders and develop an action plan to prevent any disturbance to the place.

Action Plan: Local People Engagement and Training to Workers

 To perform the work, local people will be hired in this project based on the competency and requirement. Contractor has estimated to engage around 500 local people from Myanmar in seismic survey work on short term basis.

 Induction training and on job training will be given to the local people hired in this project. A training plan for local people is presented in Table 8.3 and section 8.8 in this report.

 Personal protective equipment (PPE) will be provided to local people for use on project site. A separate training will also be given to them on the use of PPE.

 To the extent possible all unskilled jobs will be provided only to local people. The village head and township administration will also be involved in the process of recruitment. No minor will be involved in the work. No foreign labour will be used for unskilled jobs.

 To the extent practicable daily requirement for the camp will be sourced from local area through a transparent mechanism of procurement.

 Labour in the seismic operations will be intimated about the local cultural aspects before being mobilized. A booklet of the local cultural aspects and do’s and do-not’s (Annexure VIII) would be provided to the personnel working on the project.

Responsibility

The HSE (OVL) under guidance of Country Manager (OVL) and HSE (Seismic Contractor) will be responsible for community interaction while the Seismic Survey In-

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charge will be responsible for ensuring the remaining part of the plan. Training will be provided by the seismic contractor.

8.7.6 Restoration/ Reclamation Plan

Scope

The restoration/reclamation plan has been considered for the restoration of the seismic holes and reclamation of land used for fly and base camp. It would also cover use and maintenance of public property.

Purpose

The Reclamation/Restoration Plan outlines specific measures to be adopted and implemented by OVL to ensure that the activities do not result in residual impacts.

Action Plan: Fly Camp & Shot Hole Restoration

 The dividers of the field if damaged will be covered under compensation paid for the land.

 The shot holes will be restored or back filled after the completion of the seismic survey. The pits used for the collection of the slurry would also be restored after the completion of the seismic study.

 The septic tank in the fly camp will be cleaned and the tank decommissioned. Any hole or depression excavated will be filled.

Action Plan: Public Property

 Damages if any to the public property e.g. culvert , roads and bridges will be reported to the authorities and promptly repaired

Responsibility

The Seismic Survey in-Charge will be responsible for implementation of the plan while Seismic Supervisor will be responsible for making sure damages if any are repaired and the fly camp site restored before decommissioning. The HSE Officer (OVL) under guidance of Country Manager (OVL) would undertake site visits to ensure compliance at site.

8.7.7 Road Safety & Traffic Management Plan

Scope

The Road Safety & Traffic Management Plan is applicable to all operation pertaining to movement of vehicle of OVL and Contractor for carrying seismic crew, movement of drill

P a g e | 191 March 17 | OVL ESIA for Seismic Activity - B 2 Block, Myanmar rig and seismic recording vehicle. The area of operation of the seismic survey is primarily concentrated in the southern portions of the block where the narrow village road is the main connectivity. Also the quantum of traffic especially heavy vehicles is very low which augments the risk of accidents in these areas.

Purpose

The Road Safety & Traffic Management Plan outlines specific measures to be adopted and implemented by OVL to mitigate any potential impact on community safety that may arise from movement of vehicles and transportation of shot hole drilling rig during seismic surveys activities.

Action Plan

 A Road Condition Survey will be conducted by the Seismic Contractor to identify the condition of roads and bridges. OVL & Contractor would restrict movement of vehicles along the good condition roads and bridges to prevent damage to weak structures.

 Traffic marshal to be provided at times of movement of heavy vehicles at all major traffic junctions and near sensitive receptors viz. primary schools and middle school at villages and other sensitive areas in discussion with village head and local villagers. The traffic marshals would also guide traffic along designated routes to prevent diversion and ensure proper speed limits are maintained near these sensitive receptors.

 Parking of project vehicles along village access roads will be restricted. Designated parking areas would be identified in consultation with the community. All preventive maintenance will be carried out in such areas and such areas will be made impervious.

 Any road diversions and closures will be informed in advance to the villagers who are accessing the defined routes. Alternative routes would be identified in consultation with the community.

 Clear signs, flagmen & signal will be set up at major traffic junctions and near sensitive receptors viz. primary schools in discussion with Gram Panchayat and local villagers.

 A Journey Management Plan will be formulated prior to mobilization along a seismic line which would highlight the access routes, sensitive receptors and areas of speed restriction. The Journey Management Plan would be approved by Logistics Manager/HSE Officer (OVL) under guidance of Country Manager (OVL) and implemented by the contractor to control vehicular movement.

 Movement of vehicles during night time will be restricted. Speed limits will be maintained by vehicles involved in transportation. The seismic contractor will ensure that the Shot hole drilling rigs, water tankers and other vehicles use specific predefined paths which are either designated roads or decided in consultation with the community. The Contractor will avoid damage to property & crops where not

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necessary. In case of unavoidable damage the contractor is liable for compensating for the same.

 Regular supervision will be done by both OVL and Contractor to control vehicular traffic movement along defined traffic routes particularly near identified sensitive receptors

 Routine maintenance of project vehicles will be ensured to prevent any accidents due to malfunction of the vehicle. In case any malfunction is observed the same will be reported by the driver/operator and would be diagnosed and rectified before the same is declared fit for work.

 The drivers on induction would be trained on general traffic and road safety. Once a new section of a line is opened for operation the drivers would be intimated about the sensitivities and restriction specified along the different routes.

 Road safety awareness programs will be organized in coordination with concerned authorities to sensitize target groups viz. school children, commuters on traffic safety rules and signage’s.

Responsibility

The HSE Officer (Seismic Contractor) will be responsible for implementation of the plan provisions. The HSE Officer (OVL) under guidance of Country Manager (OVL) will be responsible for supervision of the plan.

8.7.8 Blasting Management Plan

Scope

The sounding using an explosive is the mainstay of the seismic survey. The vibrations are generated by use of explosives. These vibrations from the explosives have potential to cause damage to the structure around the site of blasting. In addition there would be safety risks associated with the transport, storage and handling of explosives. The general guidance provided in “Safety & occupational health -Storage, transportation and handling of explosives” IMAS 10.50, Second Edition, (01 January 2003) has been followed.

Purpose

The purpose of this plan is to control and manage the potential environmental, health and safety risks/impacts associated with seismic blasting activities and maintain an effective response mechanism to deal with possible community issues and complaints.

Action Plan –Blast Planning

During planning of the seismic surveys especially the blasting the following will be considered

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 The seismic contractor will deploy "marker crew" to undertake reconnaissance survey of the area to detect damage to the building

 The complaints (if any), regarding damage will be promptly registered and corrective action taken.

 Expected blasting date(s) and time of the blasting will be decided so that it do not interfere with the regular activities e.g. market day or festival in the community.

 Identify and appropriately flag/mark structural properties located within the minimum offset distance specified for blasting.

 Prior intimation to be made to the local police, village councils and nearby communities detailing blasting dates and times, exclusion zones, road closures and alternative routes. In case of any reservation of the community efforts will be made to accommodate it in the work flow.

 Personnel/shot-firers responsible for blast commissioning, operation and supervision will be trained and duly approved by HSE before they undertake the job.

 Personnel trained in handling will only be allowed to store explosive. These personnel will be duly authorized by HSE.

Action Plan -Storage and Transport of Explosives

 Appropriate work control system viz. an operational manual including Permit-to-Work system, will be developed and implemented to ensure that work activities undertaken during the operation of the magazine are properly controlled.

 Amount of explosive required for daily use will only be kept at the fly camp. No additional explosive would either be stored at the Base camp or at the fly camp or delivery vehicle.

 The delivery vehicle will be fitted with speed regulators to limit the maximum speed

 Vehicles used in the transport of explosive will be subjected to regular inspection before every journey and also subject to maintenance at regular intervals and the same to be recorded in the vehicle log book.

 Driver of the explosive carrying vehicles need to have a valid driving license and trained on safe driving, and handling of emergencies. Regular tool box talk will be held before the driver undertakes the journey. The same will be recorded in the logbook of the vehicle.

 Driver will be provided with a route plan with the speed limit indicated on it.

Action Plan: Charge Preparation

During preparation of charge the following needs to be complied with

 Non-sparking materials will be used to cut or pierce a cartridge and with no stripping of cartridges involved.

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 Priming will be carried out only at the blasting site and all explosives, other than the charge to be loaded into the shot hole, will be kept inside a magazine until the primed cartridge is loaded into the shot hole.

 Detonating cord is un-capped and priming is prohibited for cartridges stored near explosives

 It will be ensured that all the electric detonators used in a circuit are of the same design and specifications.

Action Plan: Loading of Shot Holes

 The seismic contractor during loading of charges into a shot holes, need to ensure that

 Detonator lead wires are to be unraveled or unwound slowly when a charge is being lowered into a shot hole. Care will be taken to prevent any use of damaged lead wires and connecting wires in blasting circuits;

 Prevent any form of undue force while inserting a charge into position in a shot hole;

 If more than one shot hole is loaded before firing, the loaded shot holes to be kept guarded; a temporary plug need to be provided near community settlements where there exists probability of tampering with detonating cords/lead wires.

Action Plan: Blasting of Shot Holes

During blasting of shot holes OVL in coordination with the seismic contractor need to ensure that

 Once short holes have been charged the area around the holes will be barricaded to restrict entry. Appropriate warning signage will be put up.

 Safety of the explosive need to be ensured if left overnight

 Detonator lead wires remain shunted at all times except when the charges are ready to be fired and during circuit testing after loading;

 All blasting equipment at the blasting site is under the direct supervision and control of the trained and authorized shot-firer and is maintained in good working condition;

 Exclusion/safety zone are defined through display of warning signs, barricades and/or deploying flag personnel. The same is revived recorded and clearance issued for firing;

 Detonators that are used near the surface of the ground will be covered in such a manner that any fragments of metal and debris resulting from the detonation are confined;

 Blasting equipment will be disconnected from the blasting circuit immediately after firing, if the charge fails to detonate, and before any member of the geophysical crew inspects any shot hole that contains or may contain explosives;

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 All shot holes containing a charge will be fired before the termination of the operation;

 Blasting operations will not be carried out during an electrical storm or when an electrical storm is imminent and anti-static detonators are used where possible for all blasting operations;

 All incidents or accidents (both major/minor) during blasting causing injury to or loss of life, or damage to property will have to be reported, investigated and appropriate rectification will be implemented

 Misfires are quite common with respect to seismic blasting operations and hence need to properly manage to prevent any community and/or occupational health & safety risks.

Action Plan: Plugging of Shot Holes

Following charge detonation the OVL through the seismic contractor need to ensure

 All shot holes will be filed with drilling mud or cuttings to the desired depth and inserting a shot hole plug of a type approved by the Blasting Supervisor;

 The mud pits used for storing slurry during drilling will be filled up after the completion of operation in a stretch.

 In case water encountered to the surface of a shot hole, the operator need to immediately attempt to plug the shot hole to confine the water;

 A framework for corrective action for the damages will be developed along with MOGE and local administration to ensure that the actions are free and transparent. The action will be consistent and as per a framework developed for the project.

The Seismic Survey In-charge will be responsible for implementing the provisions of the Blasting Management Plan. The HSE Officer (Seismic Contractor) would provide training and capacity building of the personnel involved in the seismic survey and provide necessary support in form of developing systems and process for implementation. The Seismic Supervisor (OVL), The HSE Officer (OVL) under guidance of Country Manager (OVL) will ensure implementation.

8.8 CAPACITY BUILDING

The HSE officer of OVL under guidance of Country Manager (OVL) along with his counterpart of the Seismic Contractor would carry out induction training of all personnel irrespective whoever he joins the project. In case non-conformance is observed during the periodic reviews refresher training would be conducted.

The Induction training would focus on the measures which have been specified in the EMP especially related to the activity the personnel is expected to perform during the implementation of the seismic activity. A training plan is presented below for local people (engaged in the project) and this plan will be executed by seismic contractor (Sinopec) in supervision of OVL representative.

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Table 8-3: Training Plan for Locals

Local People

Training Title

K i t c h e n S t a D f S r f e i c v u e r r i t F y i r p s e t r s A o i n d n e e r l O n L a S b i o t r e HSE Rules ● ● ● ● ● Drug and Alcohol ● ● ● ● ● Policy HSE KPI ● ● ● ● ● Permit to Work ● STOP Card ● ● ● ● ● Journey ● Management Plan Defensive Driving ● Training Hazardous & Other ● ● ● ● ● Waste Management Food Handling ● Incident Reporting ● ● ● ● ● & Classification Fire Prevention and ● ● ● ● ● Control First Aid ● ● ● ● ● PPE ● ● ● ● ● Refresh training ● ● ● ● ●

8.9 CSR PROJECTS

The seismic lines would pass through 52 settlements which are identified as project affected villages. The CSR activity to be carried out would focus on these 52 settlements. The needs assessment study, interaction with stakeholders and field observation

identified following needs.

 Vector Borne Disease: A majority of villages are affected by vector borne disease predominantly malaria and dengue

 Access to fuel wood: In Myanmar wood is the common source of fuel for cooking. This has adverse impact on environment due to depletion of forest resources.

 Access to energy: apart from towns no village has access to grid electricity in the block. Due to terrain, transportation of diesel becomes difficult and costly and hence running D.G. set is a privilege available to few.

Identifies CSR projects

Distribution of Long-Lasting Insecticidal Nets (LLINs) to all project households in project affected settlement

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\Most of the project affected villages in the block are in malaria region. Physical barrier to mosquito bites have been found to be one of the most effective method of controlling the spread of disease. A bed net is a net that hangs above a sleeping space, usually a bed or matt, and provides a physical barrier between the malaria-carrying mosquito and the person at risk of getting the disease. An insecticide-treated bed net protects the person sleeping under the net even if the net has small holes in it, because the insecticide kills mosquitoes that do get through the net before they reach the sleeping person. Since insecticide-treated nets kill the mosquitoes, they help reduce malaria transmission community-wide (if there is high use of insecticide- treated nets in the community).

Bed nets have been shown to greatly reduce malaria morbidity and mortality, especially in children under 2 years of age. The World Health Organization has reported a 25% decrease in malaria deaths globally and a 33% reduction in malaria deaths in sub- Saharan Africa since 2000.

Even where insecticide-treated nets have been recommended for all children under 5 years, most children do not sleep under a bed net. A long-lasting insecticide-treated bed net costs an average of $5 and protects up to three children. Unfortunately, this cost is too high for most families in poor communities who survive through subsistence farming.

LLINs are nets that are treated at factory level by a process that binds or incorporates insecticide into the fibres. They are designed to maintain their biological efficacy against vector mosquitoes for at least 3 years under recommended conditions of use in the field, obviating the need for regular insecticide re-treatment. When tested in the laboratory, the insecticidal efficacy of the nets persist through at least 20 WHO standard washes.

The following three LLINs are currently recommended by WHO6:

1. Permethrin-incorporated net (15) – an LLIN made of high density polyethylene monofilament yarn blended with 2% (w/w) permethrin– an active ingredient content of about 1000 mg/m2 . Only a small proportion (2–5%) of the insecticide is available at the surface of the yarn; when this is removed through normal use or by washing, it is progressively replaced by diffusion of permethrin from within the polymer. This migration of the active ingredient is essential for the efficacy of the net. The permethrin-incorporated LLIN is made of wide mesh (4 mm x 4 mm) and is available in different colours, shapes and sizes. Duration of protective efficacy is at least 5 years under recommended conditions of use.

6 Long-lasting insecticidal nets for malaria prevention A manual for malaria programme managers, Published by WHO in 2005

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2. Deltamethrin-coated net (16) – an LLIN made of multifilament polyester netting treated with deltamethrin (55 mg/m2). The deltamethrin is mixed in a resin that coats the netting fibres and releases the insecticide progressively, so that the net retains efficacy after repeated washings. Polyester netting is commonly made of flat or texturized multifilament yarn. In texturized yarn, filaments have a wavy shape that is effected mechanically just after extrusion. Flat and texturized yarns have similar physical characteristics, including strength.

However, texturized yarn is softer than flat yarn and nets tend to absorb slightly more water (and insecticide) than those made of flat yarn. Deltamethrin-coated nets are available in different shapes, sizes and colours.

3. Alphacypermethrin-coated net (17) – an LLIN made of multi-filament polyester netting treated with alphacypermethrin at a target dose of 200 mg/m2 of fabric. It contains a textile auxiliary that binds alphacypermethrin in a special coating to the fibres of the net. The net is available in different shapes, sizes and colours.

Installation of community biogas program

The project affected villages use wood as a source of fuel for cooking. This not only affects the indoor air quality but also is detrimental to the ecology of forest and results in additional cutting of tree for fuel wood. The villages have substantial number of domestic animals since working bulls are a major contributor in the agricultural process. The dung from these animals is not being used and is a valuable source of energy. Apart from the direct benefits gleaned from biogas systems, there are other, perhaps less tangible benefits associated with this renewable technology. By providing an alternative source of fuel, biogas can replace the traditional biomass based fuels, notably wood. Introduced on a significant scale, biogas may reduce the dependence on wood from forests. Considering the project will have impact on forest ecology a CSR project to mitigate the impact is proposed vide installation of community biogas system.

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Important Components of the CBP:

1. Mixing tank Water and cow dung is mixed mechanically using pressurized air in the mixing tank.

2. Digester: There are 2 digesters each of size 85 m3 and floating dome type. The digestion time is 40 days.

3. Pressure regulation tank: Gas generated in the floating domes gets transferred to the pressure regulation tank which pressurizes the gas using water column. Gas pressurization is essential for its distribution through underground pipes.

The second crucial design aspect is the design of the gas distribution system. Special care has to be taken so that gas is supplied at each household with sufficient and equal pressure, irrespective of the distance of the household from the plant. This is achieved with the help of the pressure regulation system and the robust distribution network.

Every day villagers will bring the dung collected during the previous day to the plant.

In case the beneficiary’s stall is far from the plant, he will have the option to deliver the cow dung to the plant on a weekly basis. The cow dung is then put in a mixing tank in which equal amount of water is added. Slurry of dung and water is formed as they are mixed using pressurized air. The slurry thus produced passes into the two digesters where it gets decomposed anaerobically. The gas produced by this decomposition raises the floating domes. Once the dome gets fully filled, the valve connecting the dome and pressure regulation tank is opened so that gas generated is stored in the pressure regulation tank. The gas is to be supplied to the beneficiaries daily twice-once in morning and next at evening. The gas generated daily will be sufficient enough to give a continuous supply to all the beneficiaries for 2- 2.5 hours each in the morning and the evening.

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Installation of Community level solar street light

The rural settlements / villages do not have access to electricity. While the more affluent have access to DG. Sets and solar lighting, the less affluent vulnerable group do not have access to any form of electrified light after sunset. No Street light exists for community use. Under such scenario installation of 4-5 solar street light in selected village would greatly improve access to energy for vulnerable community. Considering average number of household per settlement in the block to be 92, around 4-5 solar street light per settlement is deemed to be adequate.

Solar street lights are raised light sources which are powered by photovoltaic panels generally mounted on the lighting structure. The photovoltaic panels charge a rechargeable battery, which powers a fluorescent or LED lamp during the night. Most solar panels turn on and turn off automatically by sensing outdoor light using a light source. Solar streetlights are designed to work throughout the night. Many can stay lit for more than one night if the sun is not available for a couple of days.

Solar street lights consist of 5 main parts:

Solar Panel

The solar panel is one of the most important parts of solar street lights, as the solar panel will convert solar energy into electricity. There are 2 types of solar panel: mono-crystalline and poly-crystalline. Conversion rate of mono- crystalline solar panel is much higher than poly-crystalline.

Lighting Fixture

LED is usually used as lighting source of modern solar street light, as the LED will provide much higher Lumens with lower energy consumption. The energy consumption of LED fixture is at least 50% lower than HPS fixture which is widely used as lighting source in Traditional street lights. LEDs lack of warm up time also allows for use of motion detectors for additional efficiency gains.

Rechargeable Battery

Battery will store the electricity from solar panel during the day and provide energy to the fixture during night. The life

P a g e | 201 March 17 | OVL ESIA for Seismic Activity - B 2 Block, Myanmar cycle of the battery is very important to the lifetime of the light and the capacity of the battery will affect the backup days of the lights. There are usually 2 types of batteries: Gel Cell Deep Cycle Battery and Lead Acid Battery and many more.

Controller

Controller is also very important for solar street light. A controller will usually decide to switch on /off charging and lighting. Some modern controllers are programmable so that user can decide the appropriate chance of charging, lighting and dimming.

Pole

Strong Poles are necessary to all street lights, especially to solar street lights as there are components mounted on the top of the pole: Fixtures, Panels and sometime batteries. And wind resistance will also be taken into consideration when choosing the pole.

Each street light can have its own photo voltaic panel, independent of other street lights.

Advantages

 Solar street lights are independent of the utility grid. Hence, the operation costs are minimized.

 Solar street lights require much less maintenance compared to conventional street lights.

 Since external wires are eliminated, risk of accidents is minimized.

 This is a non-polluting source of electricity

 Separate parts of solar system can be easily carried to the remote areas

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9 Public Consultation and Disclosure

9.1 METHODOLOGY & APPROACH

Public consultations were conducted in villages (Tashi, Tomo mun, Nang Taw, War Yone Kone, Hupat, Tat Kone, Naung Khan and Gway Dauk Bae) of B-2 Block by the SENES along with team of local partner and MOGE official7. During Public consultation meetings, information related with project and seismic survey activity had been discussed with the villagers. Their views and concerns have also been recorded and being addressed in this chapter.

9.2 SUMMARY OF CONSULTATIONS AND ACTIVITY UNDERTAKEN

The public consultation meetings were conducted within the villages of B-2 block. The first round of public consultation meetings was conducted during the EIA study in March 2015. After, finalization of EIA procedure in December 2015, another rounds of public consultation meetings were conducted in year 2016 by OVL team. Detail of public consultation meetings conducted in year 2016 is presented below in Table:

Township Meeting Finished at Township Meetings/Station Villages Pinlebu 1 2/9 BanMauk 1 1/7 Phaung Byin 1 5/11 Home Ma Lin 1 2/6 Tamu 2 4/6

To summarise the public consultation, following points are briefed below:

 Project and seismic survey activity were disclosed with the villagers  Their view and concerns were invited and replied satisfactorily

The key concerns of public were on crop compensation procedure and effect of seismic survey on religious buildings and community.

7 Details of team members are presented in section 2.3

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Summary of Concerns Received in Public Consultation Meetings

Public Concerns/Suggestions OVL Reply What will be the crop compensation The crop compensation will be decided based on procedure? the government approved rate of damaged crop. The compensation amount will be finalized by OVL team after discussion with MOGE officials, agriculture department and land owners. How long it will take to give After deciding the compensation as above, OVL compensation to the affected person? shall ensure to pay the compensation amount within one month. When the operation of seismic survey is expected to start in the area? People Seismic survey will be initiated after obtaining also suggested initiating the seismic environmental clearance certificate from MOECAF. survey in summer season after crop harvesting. Is any blasting activity planned in living No blasting will take place near the living area, area and religious compound? religious buildings and water bodies. Is there any effect on the tube well and Blasting activity will take place in shot hole drilled underground water is anticipated? up to a depth of 20 m. The blasting activity will take place in a scientific manner with all the safety measures. Further, a safe distance will always be maintained from any water body therefore impact on tube well and pond is not anticipated. Do you expect relocation of villages No need to relocate the village because blasting will during blasting activity? not be done near to dwellings and it will be done in a scientific and controlled manner. How the compensation will be paid for A safe distance will always be maintained. No damaged building (if any)? blasting will be carried out near the living area. However, if any damage occurs due to blasting activity, compensation will be decided in consultation with MOGE and local authorities and will be paid to the affected person. What type of benefits will be provided to The proposed project will create employment the local labours in terms of opportunity. In the project, local people will be hired employment? as per the task requirement and skillsets available. Preferences in hiring will be given to local people. Trainings such as HSE, use of PPE, and induction training will be provided to enhance the skillsets of local people. OVL will also plan CSR activity in consultation with government authority. A CSR budget has also been allocated. What labour cost will be given to the Labour rate more than the minimum wages decided local labour? by the Labour Department of Myanmar Government will be paid.

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Stakeholder Consultations

With community members- Tashi (13 March'15) With village head and community members- Tomo mun (13 March'15)

With village head and community members- With village head and community members- War Nang Taw (13 March'15) Yone Kone (14 March'15)

With Handloom making family-Hupat (14 With village head and community members – Tat March'15) Kone (14 March'15)

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With village Head and community members – With Surjit Singh –migrated family from India Naung Khan (14 March'15) settled at Homolin Area (15 March'15)

With township commissioner – Pinlebu (13 With – police department- Homalin (15 March'15) March'15)

Visit Forest department -Homalin With Agriculture officer- Agriculture Department - Homalin

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9.3 RESULTS OF CONSULTATIONS

The consultation meetings resulted into welcome of project by the local people because of employment opportunity and its national importance. No protest or confrontation was found in any of the meeting.

9.4 FURTHER ONGOING CONSULTATIONS

All the public consultations have been completed. No consultation is ongoing at present. However, OVL team is open to receive any suggestion and concern of public.

9.5 DISCLOSURE

Project has already been disclosed to the public through public consultation meetings and by ECD Myanmar. Further, EIA report is also been uploaded on the OVL website to facilitate project disclosure.

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ANNEXURE

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Annexure I: Pictures of Surface Water Quality Monitoring

SW– Wa Poe Stream Village: 30th March 2015

SW– Tone Mu Village: 30th March 2015

SW– Ka Thaw Village: 30th March 2015

SW4–Pwe Sar Kone (Beside Chin Twin SW 3–Inn Ta Paung (Chin Twin River ): River ) (Near Pwe Sar Kone Village): 31ST 31ST March 2015 March’15

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Annexure II: Pictures of Sampling of Soil Samples

SQ - Agricultural Lands outside Peit Hnin village

SQ - Agricultural Lands outside Hezin village

SQ - Agricultural Lands outside Yae Aye village

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Annexure III: Pictures of Sampling of Ground water

GW- Agricultural Lands outside Kyee Pin in Phaung PyinTownship village

GW- sample collected from Zayti Village GW- sample collected from Hezin Village

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Annexure IV: Method of Phyto-sociological Studies

Phyto sociology

At each site, to enumerate the phyto sociological characteristics, a 100 m line transect and five quadrants (10m x 10m) were taken at random along the transect. Detailed notes on ecological features including habitat types were also taken. The phyto sociological parameters – frequency, density and abundance are measured to determine the distribution and ecological aspects of the species.

Frequency

The frequency of individual species is the number of times the species occurs in the sampling quadrant. It is actually represented as a percentage calculated as follows:

No. of quadrants in which the species occurred Frequency = ------X 100 Total no. of quadrants studied

It reflects the probability of encountering the species within the sampled area.

Density

Density is the measure of dense in the distribution of an individual species within a given area. Density of a species is defined as the average number of the species per quadrant and calculated as follows:

Total no. of individuals of the species Density = ------Total no. of quadrants used in sampling

Abundance

It reflects how evenly one species is distributed within the sampling area. Abundance of a species is defined as the number of individuals per quadrant and calculated as follows:

Total no. of individual of the species Abundance = ------No. of quadrants in which the species occurred

Species Diversity

Shannon Diversity Index has been used for estimating the diversity among the three sampling sites in order to highlight the most diverse site, calculate the Shannon Wiener diversity index of each site using the formula:

Diversity = -  Pi. ln Pi

S= Number of individuals of one species Where Pi = ------N = Total number of all individuals in the sample and, ln is the logarithm to the base e

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Annexure IV: Socioeconomic Survey Questionnaire

Township District Village tract Village head Name of the village Respondent HH No.

Total Population Male female

Name Name Religion

Name Name

Caste/Group Name Name

Literacy % Primary % Secondary % H.S. % Graduate % Education Level

Agriculture % Business % Service % Labour% Other% Occupation

Tube well Dugwell Stream Piped water Drinking water facility

Source of domestic water Tube well Dugwell Stream Piped water Pond

Pit latrine % Sanitary latrine % Open defecation Sanitation facility

Electricity (Available %) Electricity availability in HH Village road type/transport facility Primary Secondary H. S. College Schools (distance)

Primary Hospital M. C. U Herbal Prct. Health Facility (distance)

Major diseases and reason Name Period Name Period

Major crops cultivated Name Period Name Period

Ponds River Groundwater Others Irrigation Facility

Average land holding size Land rights Livestock Cow Buffalo Goat Fowl

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Duck Others

Grazing areas Cooking medium and source Religious and cultural places Name Period Na me Period Major rituals and festivals

Sacred places Major wildlife observed

Fishing area Name of the fishes

Developed by SENES

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Annexure V: Minutes of Meeting with Stakeholders

Minutes of Meeting

Date: 12/3/15 Time: 10:00 AM- 12:00 AM

Venue: Township Commissioner Office-Pinlebu

List of Participant:

Township administrative officer-Pinlebu

 U San lwin Commissioner township

 U Aung Htoo Dept. of immigration

MOGE Representative

 U Tun Tun Admin officer, MOGE

M & S Co. Ltd.

 Mr. Aung M&S Co. Ltd

SENES Consultants India Pvt. Ltd.

 Mr. Sumit Barat Head – CCS

 Mr. Girish Shukla Environmentalist

 Mr. Dhirendra p. Singh Sociologist

The primary agenda of the meeting was to i) discuss the approach and methodology to be undertaken by SENES for the ESIA study of B-2 block seismic and exploration activity, ii) Socio – economics data required for the EIA, iii)

The important issues which were discussed include

 Objective of EIA study was described by MOGE representative with township administrative officer in local language

 MOGE also stressed on the fact that through the ESIA the community needs and expectations will be identified and there will not be any case of grievance from the community during the operation.

 Permission was taken from Commissioner for the community consultation in the study area villages

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Minutes of Meeting

Date: 14/3/15 Time: 10:00 AM- 12:00 AM

Venue: Township Commissioner Office-Homalin

List of Participant:

Township administrative officer- Homalin

 U Thein Htar Commissioner township

 U Kgon Shwe Dept. of forest

 Daw Thin San New Dept. of forest

 Daw Nwag zin oo Ministry of agriculture (MoA)

 Khine Htay oo Ministry of agriculture (MoA)

MOGE Representative

 U Tun Tun Admin officer, MOGE

M & S Co. Ltd.

 Mr. Aung M&S Co. Ltd

SENES Consultants India Pvt. Ltd.

 Mr. Sumit Barat Head – CCS

 Mr. Girish Shukla Environmentalist

 Mr. Dhirendra p. Singh Sociologist

The primary agenda of the meeting was to i) discuss the approach and methodology to be undertaken by SENES for the ESIA study of B-2 block seismic and exploration activity, II) Socio – economics data required for the EIA

The important issues which were discussed include

 Objective of EIA study was described by MOGE representative with township administrative officer in local language

 Taken permission from Commissioner for the community consultation in the study area villages

 The forest department informed that, to execute any project including seismic survey in the reserved forest area, prior permission of the Forest Department is necessary and for that project proponent need to submit the project layout map showing the reserved forest area where the project is being proposed.

 Meeting with officials of Ministry of Agriculture and Irrigation informed about the crop type, yield and price.

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Annexure VI: Stakeholder’s participants list

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Annexure VII: Do’s and Do not’s for Seismic Survey in Forest

While undertaking seismic activity in forest areas under B 2 Block please follow the following instruction. This is not just for your safety but also a legal requirement.

Do’s

 Prevent naked flames or lights when operating in forest areas:  Avoid any form of pollution within the forest whether of air, soil or water;  Always have prior briefing and interaction with local forest staff:  Carry back any left over food or other materials used for seismic survey:

DONOT’s

× Don’t drain or dump any material in the river or stream or water body.

FOR × Uproot vegetation, cut trees, or collect any forest produce; × Hunting of animal, damaging of rest prohibited by law; × Don’t light any fire for purpose of ground clearance or otherwise;

DONOT’s × Don’t smoke while inside forest;

SEISMIC SURVEY IN FOREST × Don’t collect firewood from the forest area;

× Don’t use vehicles in forest area; × Don’t make unnecessary noise in forest area;

DO’s × Don’t tease any animal or bird.

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Annexure VIII: Do’s and Do not’s for Seismic Workers

While working seismic activity in forest areas under B 2 Block please follow the following instruction for interaction with the community.

DO’s DONOT’s  Treat everyone with respect and you will be respected;

 When addressing people, don’t leave out U (which stand for Mr) or Daw (which stand for Ms/Mrs);  Not always necessary to shake hands. Accept or give things with your right hand;  While working near religious places obey timing specified by your supervisor. Stop any activity which would produce noise if you find religious prayer is going on;  At religious places, remove footwear before entering;  Sit lower than a monk and elders, do tuck away your foot (your feet will not be stretched / face the Buddha);

DONOT’s

× Don’t touch any adult on the head; × Don’t wear shoes while entering the homes. Take off

FOR

shoes; × Don’t point any object with your feet; × Don’t offer food to a monk, nun, or a novice after noon; × Don’t touch sacred objects with disrespect. Hold the in

SEISMIC WORKERS your right-hand, or with both hands; × Don’t give money., food or any article to the local DONOT’s people;

& × Don’t fetch water from any source other than the source

designated by your supervisor; × Don’t get into any argument with the community always ask for the intervention of seniors;

DO’s × Don’t enter into any discussion on family matter, local political situation.

P a g e | 222 March 17 | OVL ESIA for Seismic Activity - B-2 Block, Myanmar

Annexure IX: Details of Phytosociological Analysis

Thaung Dut RF Sl. No Tree Species RF RA RD IVI 1. Acacia catechu 1.43 1 0.31 2.35 2. Acacia leucophloea 0.71 0 0.10 1.12 3. Acacia nilotica 1.78 1 0.67 3.26 4. Adina cordifolia 1.43 1 0.78 3.36 5. Ailanthus excelsa 1.07 0 0.21 1.69 6. Albizzia lebeck 1.43 0 0.31 2.12 7. Anogeissus acuminata 1.43 1 0.41 2.46 8. Artabotrys odoratissimus 1.78 1 0.36 2.69 9. Azadirachta indica 1.07 1 0.52 2.62 10. Bauhinia malabarica 1.43 1 0.67 3.10 11. Bauhinia variegata 1.43 2 1.40 4.91 12. Bombax ceiba 1.19 1 1.19 3.80 13. Bombax insigne 1.78 1 0.57 3.03 14. Borassus flabeliifer 1.43 0 0.31 2.20 15. Bridelia retusa 2.14 2 1.81 5.75 16. Butea frondosa 2.50 4 4.40 10.65 17. Caesalpinia pulcherima 1.07 1 0.47 2.46 18. Careya arborea 0.36 0 0.05 0.72 19. Caryota urens 0.71 1 0.26 1.74 20. Cassia fistula 1.43 3 1.81 5.94 21. Cassia siamea 0.71 0 0.10 1.13 22. Cedrela toona 1.43 1 0.47 2.59 23. Cratoxylon prunifolium 1.07 1 0.67 3.08 24. Croton oblongifolius 1.07 0 0.16 1.53 25. Dalbergia oliveri 1.07 1 0.57 2.77 26. Dalbergia ovata 1.07 0 0.21 1.69 27. Dipterocarpus alatus 1.78 2 1.50 5.08 28. Dipterocarpus obtusifolius 1.43 1 0.73 3.23 29. Dipterocarpus tuberculatus 1.07 1 0.31 2.00 30. Dipterocarpus turbinatus 2.14 4 4.04 10.19 31. Dolichndrone serrulata 1.43 2 1.04 4.01 32. Emblica officinalis 1.07 0 0.21 1.69 33. Erythrina suberosa 2.14 4 4.35 10.81 34. Eucalyptus globules 1.78 2 1.66 5.42 35. Ficus benghalensis 1.43 0 0.31 2.20 36. Ficus religiosa 1.43 1 0.41 2.46 37. Flacourtia cataphracta 1.43 0 0.31 2.20 38. Gmelina arborea 2.50 2 2.43 7.00

P a g e | 223 March 17 | OVL ESIA for Seismic Activity - B-2 Block, Myanmar

Thaung Dut RF Sl. No Tree Species RF RA RD IVI 39. Heterophragma adenophyllum 2.50 1 1.50 5.28 40. Holoptelea integrifolia 1.07 0 0.21 1.69 41. Homalium tomentosum 2.85 2 3.21 8.46 42. Lagerstroemia flos-reginae 2.85 1 1.97 6.29 43. Mangifera indica 0.71 1 0.41 2.36 44. Millettia pendula 2.85 3 4.30 10.35 45. Pentacme suavis 1.78 1 1.09 4.17 46. Pistacia vera 1.07 1 0.47 2.46 47. Plumeria acuminata 1.78 1 1.19 4.39 48. Pterocarpus macrocarpus 2.85 3 4.51 10.72 49. Schleichera trijuga 2.14 2 2.43 6.99 50. Shorea obtusa 2.85 3 3.83 9.54 51. Shorea siamensis 2.85 2 3.21 8.46 52. Spondias mangifera 2.50 3 4.09 10.07 53. Sterculia foetida 2.14 2 1.92 5.96 54. Tamarindus indica 1.07 1 0.62 2.93 55. Tectona grandis 2.85 8 10.25 20.75 56. Terminalia bellerica 1.78 2 2.02 6.21 57. Terminalia tomentosa 2.14 4 3.73 9.57 58. Xylia kerrii 2.85 4 5.18 11.89 59. Xylia xylocarpa 2.85 6 7.77 16.41

Sanda RF Tree Species RF RA RD IVI Acacia catechu 1.58 1 0.39 2.62 Acacia leucophloea 0.79 0 0.06 1.15 Adina cordifolia 1.58 1 0.97 3.77 Ailanthus excelsa 1.18 0 0.13 1.75 Anogeissus acuminata 1.58 1 0.39 2.62 Artabotrys odoratissimus 1.97 1 0.32 2.87 Azadirachta indica 1.18 1 0.65 2.92 Bauhinia variegata 1.58 2 0.84 4.62 Bombax ceiba 1.32 1 1.04 3.85 Bombax insigne 1.97 1 0.58 3.27 Borassus flabeliifer 1.58 0 0.39 2.46 Bridelia retusa 2.37 2 1.56 5.82 Butea frondosa 2.76 4 4.73 11.45 Caesalpinia pulcherima 1.18 1 0.45 2.61 Careya arborea 0.39 0 0.06 0.79

P a g e | 224 March 17 | OVL ESIA for Seismic Activity - B-2 Block, Myanmar

Sanda RF Tree Species RF RA RD IVI Caryota urens 0.79 1 0.26 1.86 Cassia fistula 1.58 3 1.69 6.11 Cassia siamea 0.79 0 0.13 1.24 Cedrela toona 1.58 1 0.39 2.70 Cratoxylon prunifolium 1.18 1 0.45 3.05 Croton oblongifolius 1.18 0 0.19 1.70 Dalbergia oliveri 1.18 1 0.71 3.09 Dalbergia ovata 1.18 0 0.26 1.88 Dipterocarpus alatus 1.97 2 1.88 5.74 Dipterocarpus obtusifolius 1.58 1 0.52 3.24 Dipterocarpus tuberculatus 1.18 1 0.13 1.96 Dipterocarpus turbinatus 2.37 4 4.28 10.88 Dolichndrone serrulata 1.58 2 1.04 4.24 Emblica officinalis 1.18 0 0.19 1.81 Erythrina suberosa 2.37 5 4.73 11.66 Eucalyptus globules 1.97 2 2.01 6.07 Ficus religiosa 1.58 1 0.32 2.55 Flacourtia cataphracta 1.58 0 0.32 2.39 Gmelina arborea 2.76 2 2.85 7.80 Holoptelea integrifolia 1.18 0 0.19 1.81 Homalium tomentosum 3.16 3 2.66 8.34 Lagerstroemia flos-reginae 3.16 2 1.62 6.32 Mangifera indica 0.79 1 0.52 2.61 Millettia pendula 3.16 3 4.28 10.81 Pentacme suavis 1.97 1 0.84 4.18 Pistacia vera 1.18 1 0.06 2.23 Plumeria acuminata 1.97 1 0.58 4.05 Pterocarpus macrocarpus 3.16 4 4.54 11.23 Schleichera trijuga 2.37 3 2.72 7.64 Shorea obtusa 3.16 3 3.43 9.60 Shorea siamensis 3.16 3 2.98 8.66 Spondias mangifera 2.76 4 4.28 10.71 Sterculia foetida 2.37 2 1.81 6.19 Tectona grandis 3.16 8 12.96 24.18 Terminalia bellerica 1.97 3 2.53 7.04 Terminalia tomentosa 2.37 4 4.67 10.94 Xylia kerrii 3.16 4 4.67 11.89 Xylia xylocarpa 3.16 6 9.72 18.98

P a g e | 225 March 17 | OVL ESIA for Seismic Activity - B-2 Block, Myanmar

Nam Kut RF

Tree Species RF RA RD IVI Acacia catechu 1.88 1 0.45 3.07 Adina cordifolia 1.88 1 1.12 4.39 Anogeissus acuminata 1.88 1 0.45 3.07 Artabotrys odoratissimus 2.34 1 0.37 3.37 Azadirachta indica 1.41 1 0.74 3.39 Bauhinia variegata 1.88 3 0.97 5.36 Bombax ceiba 1.56 2 1.19 4.47 Bombax insigne 2.34 1 0.67 3.83 Borassus flabeliifer 1.88 1 0.45 2.88 Bridelia retusa 2.81 2 1.79 6.77 Butea frondosa 3.28 5 5.44 13.24 Caesalpinia pulcherima 1.41 1 0.52 3.05 Careya arborea 0.47 0 0.07 0.92 Caryota urens 0.94 1 0.30 2.17 Cassia fistula 1.88 3 1.94 7.07 Cedrela toona 1.88 1 0.45 3.16 Cratoxylon prunifolium 1.41 2 0.52 3.54 Croton oblongifolius 1.41 0 0.22 2.00 Dalbergia oliveri 1.41 1 0.82 3.59 Dalbergia ovata 1.41 0 0.30 2.20 Dipterocarpus alatus 2.34 2 2.16 6.67 Dipterocarpus obtusifolius 1.88 1 0.60 3.78 Dipterocarpus tuberculatus 1.41 1 0.15 2.30 Dipterocarpus turbinatus 2.81 5 4.91 12.57 Dolichndrone serrulata 1.88 2 1.19 4.93 Erythrina suberosa 2.81 5 5.44 13.47 Eucalyptus globules 2.34 2 2.31 7.04 Ficus religiosa 1.88 1 0.37 2.99 Flacourtia cataphracta 1.88 1 0.37 2.81 Gmelina arborea 3.28 3 3.28 9.06 Holoptelea integrifolia 1.41 0 0.22 2.13 Homalium tomentosum 3.75 3 3.05 9.69 Mangifera indica 0.94 1 0.60 3.02 Millettia pendula 3.75 4 4.91 12.53 Pentacme suavis 2.34 2 0.97 4.88 Pistacia vera 1.41 1 0.07 2.60 Plumeria acuminata 2.34 2 0.67 4.73 Pterocarpus macrocarpus 3.75 4 5.21 13.02

P a g e | 226 March 17 | OVL ESIA for Seismic Activity - B-2 Block, Myanmar

Nam Kut RF

Tree Species RF RA RD IVI Shorea siamensis 3.75 3 3.43 10.06 Spondias mangifera 3.28 4 4.91 12.40 Sterculia foetida 2.81 2 2.08 7.20 Tectona grandis 3.75 9 14.89 27.87 Terminalia bellerica 2.34 3 2.90 8.16 Terminalia tomentosa 2.81 4 5.36 12.65 Xylia xylocarpa 3.75 7 11.17 21.91

Ta Maw PPF

Tree Species RF RA RD IVI Acacia catechu 2.15 1 0.34 3.33 Adina cordifolia 2.15 2 0.85 4.57 Anogeissus acuminata 2.15 1 0.34 3.33 Azadirachta indica 1.61 1 0.57 3.57 Bombax ceiba 1.79 2 0.90 4.62 Bombax insigne 2.68 1 0.51 4.12 Borassus flabeliifer 2.15 1 0.34 3.12 Bridelia retusa 3.22 2 1.36 7.02 Caesalpinia pulcherima 1.61 1 0.40 3.26 Careya arborea 0.54 0 0.06 1.01 Caryota urens 1.07 1 0.23 2.35 Cassia fistula 2.15 4 1.47 7.29 Cratoxylon prunifolium 1.61 2 0.40 3.82 Croton oblongifolius 1.61 0 0.17 2.20 Dalbergia oliveri 1.61 2 0.62 3.77 Dalbergia ovata 1.61 1 0.23 2.40 Dipterocarpus alatus 2.68 2 1.64 6.76 Dipterocarpus obtusifolius 2.15 1 0.45 4.07 Dipterocarpus turbinatus 3.22 5 3.73 12.41 Dendrocalamus strictus 3.22 6 19.34 28.44 Eucalyptus globules 2.68 3 1.75 7.12 Ficus religiosa 2.15 1 0.28 3.27 Flacourtia cataphracta 2.15 1 0.28 3.06 Gmelina arborea 3.76 3 2.49 9.06 Holoptelea integrifolia 1.61 1 0.17 2.34 Homalium tomentosum 4.29 3 2.32 9.86 Bambusa tulda 1.07 2 15.78 18.53 Millettia pendula 4.29 4 3.73 12.38 Pentacme suavis 2.68 2 0.74 5.18

P a g e | 227 March 17 | OVL ESIA for Seismic Activity - B-2 Block, Myanmar

Ta Maw PPF

Tree Species RF RA RD IVI Pistacia vera 1.61 1 0.06 2.93 Plumeria acuminata 2.68 2 0.51 5.12 Pterocarpus macrocarpus 4.29 5 3.96 12.82 Shorea siamensis 4.29 3 2.60 10.15 Spondias mangifera 3.76 5 3.73 12.22 Sterculia foetida 3.22 3 1.58 7.39 Tectona grandis 4.29 10 11.31 25.99 Terminalia bellerica 2.68 3 2.21 8.16 Terminalia tomentosa 3.22 5 4.07 12.33 Xylia xylocarpa 4.29 8 8.48 20.64

P a g e | 228 March 17 | OVL ESIA for Seismic Activity - B-2 Block, Myanmar

Annexure – X: List of Ecologically Protected Areas in Myanmar

Established Protected Areas in Myanmar

Sl No Name of the Protected Area 1. Natmataung National Park ( ASEAN Heritage Park) 2. Chatthin Wildlife Sanctuary 3. Popa Mountain Park 4. Pan laung Pydalin Cave Wildlife Sanctuary 5. Lawkanandar Park 6. Inlay Wetland Wildlife Sanctuary (ASEAN Heritage Park) 7. Pyin Oo Lwin Bird Sanctuary 8. Kahilu Wildlife Sanctuary 9. Shwesettaw Wildlife Sanctuary 10. Shwe U Daung Wildlife Sanctuary 11. Shwe U Daung Wildlife Sanctuary 12. Thamihla Kyun Wildlife Sanctuary 13. Meinmahla Kyun Wildlife Sanctuary (ASEAN Heritage Park) 14. Wetthigan Bird Sanctuary 15. Rakhine Yoma Elephant Range 16. Moeyongyi Wetland BS 17. Minsontaung Wildlife Sanctuary 18. Alang taw Kat thapa National Park 19. Kyaukpantaung Wildlife Sanctuary 20. Kyaikhtiyo Wildlife Sanctuary 21. Minwun Taung Wildlife Sanctuary 22. Hukaung Valley Wildlife Sanactuary 23. Hlauing M way Wildlife Sanctuary 24. Hkakaborazi National Park (ASEAN Heritage Park) 25. Lampi Marine NP 26. Htamanthi Wildlife Sanctuary 27. Indawgyi Wetland Wildlife Sanctuary(ASEAN Heritage Park) 28. Pidaung Wildlife Sanctuary 29. Parsar Protected Area 30. Moscos Islands Wildlife Sanctuary 31. Taunggyi Bird Sanctuary 32. Kelathataung Wildlife Sanctuary 33. Hlawga Park 34. Mulayit Wildlife Sanctuary

Source: http://www.myanmarchm.gov.mm/

P a g e | 229 March 17 | OVL ESIA for Seismic Activity - B-2 Block, Myanmar

Annexure – XI: List of Area in Myanmar proposed to be Natural Areas (Clause 15 b)

P a g e | 230 March 17 | OVL

ESIA for Seismic Activity - B 2 Block, Myanmar

Annexure – XII: Emergency Prepardness and Response Plan – Seismic Survey

P a g e | 231 March 17 | OVL

Annex- XII: Emergency Response

Plan for Block B2

Sinopec International Petroleum Service Corporation

February 2017

P a g e | i

CONTENT

Introduction...... iv

Emergency Response Team ...... v

Roles & Responsibility ...... vi

Emergency Response Team...... vi Emergency Rescue Team ...... vi Medical Treatment Team ...... vi Security Team...... vi Logistics Support Team ...... vii

Activation, Notification & Communication ...... viii

Activation...... viii Notification & Communication ...... viii

Pre Incident Action Plan (PIAP) ...... ix

Fire ...... ix Motor Vehicle Accident ...... xii Explosive related accident ...... xiv Personal Injury ...... xv Stung by Poisonous Creatures ...... xviii SNAKE BITE FIRST AID MANAGEMENT ...... xix Security ...... xxi Oil Spill...... xxv

Incident Report Management ...... xxvii

Accident /Incident Classification and Report...... xxvii

Support plan ...... xxx

Communication ...... xxx

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Transportation ...... xxxi Material...... xxxii

Emergency Response Drill ...... xxxiv

Purpose of Emergency Drill ...... xxxiv Frequency of Emergency Drill ...... xxxiv

Emergency response flowchart for Block B2 ...... xliv

Emergency Contact Number ...... xlv

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Introduction

Sinopec Service Myanmar Branch constantly adheres to the principle of people first and lives foremost, places top priority on protection of lives and health of staff and local residents, strives continuously for zero harm to people, zero damage to the environment, and zero loss to assets. This emergency response plan is developed for the effective emergency response management to minimize the people casualty, property loss and environment pollution in case of any accident / incident occurs during whole execution for Seismic Data Acquisition Project in B2 Block in Myanmar.

Principle for Emergency Work

 Adhere to the principle of people the first and harm reduction, adopt positive measures to reduce injury and casualty as much as possible. The priority order of protection should be first the people, and then environment, property and work progress

 Adhere to the principle of centralized leadership and line responsibility. Project manager and party chief should be responsible for establishing the emergency response mechanism at work site and defining emergency responsibility for each position.

 Adhere to the principle of sharing resources and team work. Make necessary emergency preparedness and effectively cooperate with the clients, partners and Myanmar governmental authorities to cope with the unexpected incidents

 Adhere to the principle of HSE training and drill to improve professional qualification. Strengthen the training and emergency drill to enhance comprehensive ability of self rescue, mutual rescue and coping with various incidents.

 Adhere to the principle of relying on the client and the win-win cooperation. Obey the command of the client’s supervisor after the occurrence of the accident or incident.

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Emergency Response Team

Adhering to the principle of centralized leadership and line responsibility, emergency response team is set up, which consists of emergency rescue team, medical treatment team, security team and logistics support team.

Emergency response organization chart

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Roles & Responsibility

Emergency Response Team

Responsibility:

 Organize and manage to respond to the project emergency accidents / incidents

 Establish and maintain the project emergency response plan

 Organize the training on emergency response plan and perform the routine emergency drills

 Take immediate response measures if accident occurred and try as much as possible to avoid injury and casualty and damage to environment and property

 Send staff to the accident/incident site to organize and coordinate the emergency rescue work

 Contact medical treatment units and allocate project resources. Organize emergency evacuation

 Report to the client’s supervisor immediately after the accident occurs and obey the order of the client’s supervisor

 Provide relevant information to Chinese embassy in Myanmar as well as the Sinopec Service Myanmar Branch and partners to seek for support from external resources

 Cooperate accidents / incidents investigation and settlement organized by higher lever of corporation / local authority

Emergency Rescue Team

Responsibility:

 Perform rescue work in accordance with the emergency response plan.

 Follow the instruction of emergency response team and communicate the information timely.

Medical Treatment Team

Responsibility:

 Be responsible for on-site medical treatment of the injured staffs and send them to hospital if necessary

 Prepare and disinfect the rescue equipment and apparatus at the site.

Security Team

Responsibility:

P a g e | vi

 Establish barricade line and perform guarding work at the accident site and direct the vehicle transportation

 Be responsible for evacuating the relevant staffs out of the accident/incident area

Logistics Support Team

Responsibility:

 Finance the emergency response activities

 Supply catering for on-site emergency rescue personnel

 Arrange accommodation for external emergency rescue staffs.

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Activation, Notification & Communication

Activation

If the local governmental authorities or superior organizations have activated their emergency response plans, the project should activate its plan accordingly.

In case that one of the following accidents or incidents occurs at worksite, the corresponding emergency response plan should be activated and the accident / incident be reported to the superiors as required:

 Fire

 Motor vehicle accident

 Explosive related accident

 Personal injury

 Stung by poisonous creatures

 Security

 Oil spill

Notification & Communication

When any above mentioned event occurs, project emergency response team must be informed immediately, it is team’s responsibility to assess the situation and activate the correspondent plan. Once the decision is made, all personnel must be notified and takes actions as per the instructions.

Alarm device at camp site includes whistle, speaker. When staff at camp hears the signals, they must stop work, assemble at the muster point for further instructions, the foreside assigned teams must start to work according to this plan.

Alarm signals can be divided into three types, long siren, short siren and continuous siren. The long siren is 60s, the short siren is 6s, the interval between any two sirens is 3s, and the continuous siren means the uninterrupted ringing for a long time.

 Alarm signal for first aid: One short siren and one long siren;

 Alarm signal for fire: Three short sirens and one long siren;

 Alarm signal for emergency evacuation: Continuous siren.

Alarm device at field site includes radio, mobile phone and vehicle horn. When staff at field site receives the signals, they must stop work, assemble on working-unit basis for further instructions.

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Pre Incident Action Plan (PIAP)

Fire

Pre-incident Action Plan ( Fire )

No Action Plan Action Party

Upon notification from witness or building superintendent  Identify fire location, size and breakout time 1 Project Manager  Collect adjacent area information  If anyone injured, refer to Personnel Injury PIAP

2 Assess situation and mobilize the fire fighting team Project Manager

3 Notify the client’s supervisor and Sinopec Service Myanmar Branch Project Manager

All staff evacuates from offices and rooms to the nearest muster point along the evacuation route marked at building, left door open, a head count / roll 4 HSE Officer call must be conducted to ensure no one is left. When required, some can be organized to take extra extinguishers to join the firefighting team

5 Power supply should be isolated and electricity system be switched off Electrician

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Pre-incident Action Plan ( Fire )

No Action Plan Action Party

immediately. If the fire is occurred at night, Power should only be isolated to the fire site.

Remove combustible / inflammable material near the fire location, try to 6 Material Man separate the fire location against spread

Fire chief and fire team members hurry up to the fire location with 7 appropriate firefighting equipments, put out fire according to plan and Fire Chief actual condition

Keep the people nearby at safety distance place, restrict and clear road 8 Deputy PM access, make readiness for local fire fighting brigade.

Confirm external assistance is needed, if yes, contact with local fire fighting 9 Project Manager brigade.

10 Should external assistance are required, coordinate the deployment Fire Chief

11 Do not leave the scene until the fire is cool and will not be re-ignited Fire Chief

12 Update the client’s supervisor and Sinopec Service Myanmar Branch Project Manager

Ensure the management to carry out subsequent investigation/inspection 13 Project Manager of facilities & equipments

Procedures for Fire Handling Caused by Fuel Tanks Leakage :

1. If the ground surrounding of the fuel tank is on fire, cooling water should be quickly sprinkled on the fuel tank, which is exposed to the flame in order to prevent the explosion from happening due to overheat of fuel tanks.

2. There should be sufficient fire extinguishing agents and fire fighting equipment.

3. Weather condition should be considered for fire fighting, since the wind and rain will affect the fire extinguishing agents and inhibit its efficiency.

4. The cooling water should be evenly and largely sprayed on the whole exposed area by sweeping the sprinkled water.

5. When spraying fire extinguishing agents onto the heated burning fluid, proper preparation should be made to deal with oil boiling and spilling.

6. When both the fuel tank and the surrounding ground are on fire, it is a common practice to firstly put out the fire on the ground and then the tanks.

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7. When using extinguishing agent, its validity and efficiency for fighting fire should be judged and the agent be replaced if deemed necessary.

8. After the extinguishing agent is sprayed on the flame for a period of time, observe if the flames are significantly weakened and the color changed. If no change is made, consider to use other fire fighting method instead.

9. The facilities around the fire should be timely cooled down in order to prevent the fire from escalating.

10. When the fire is out of control, close attention should be paid to the burning fuel tanks and other facilities. Once abnormal phenomena happen, emergency measures, such as evacuating personnel out of dangerous areas, should be adopted timely. When evacuating the residents of the vicinity areas, joint efforts should be made by both the onsite emergency response team and the client’s supervisor.

Firefighting team

Control:

Position Person in charge

Fire Chief Chief Mechanic

Electrical Control Electrician

Firefighting team

Duty Position Responsibility

Chief Mechanic Direct fire fighting

Mechanic Fire fighting Chief mechanic is fire chief. Senior Observer Fire fighting When receiving fire report or hearing fire alarm, rush to the Observer Fire fighting firing site with fire fighting LVL engineer Fire fighting equipment quickly, and then QC Fire fighting fighting fire. Interpreters Fire fighting

Camp Boss Coordinator

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Room-checking Team

Duty Position / building superintendent Building

Financial Manager Office When hearing fire alarm, they Sleeping Quarters for should stop the ongoing work Camp Boss and check each rooms of the Chinese staff building, let all occupants go to Sleeping Quarters for Leader of Drivers Muster Point, ensure no one in. Interpreters and Drivers

Afterwards, they also go to Chief QC QC Processing Office Muster Point in time. Mechanic Flying Camp

According to base Camp construction still ongoing, muster Points will design after base camp construction completed

Motor Vehicle Accident

Pre-incident Action Plan ( Motor vehicle accident )

No Action Plan Action Party

Upon motor vehicle accident occurs, check the following aspects:  Personnel injury or facility Driver / 1  Facility and vehicle damaged Passenger  Environment pollution

 If injured, on site first-aid treatment should be given Driver / 2  If the facilities or vehicle is on fire, put out the fire with the portable fire Passenger extinguishers

 Set warning signs and barricade line to protect the scene  If third party casualty or property damage involved, immediately call the local traffic police and report the accident. Driver / 3  If severe casualty happens, immediately call the medical entities for Passenger emergency treatment or try to stop passing vehicles for help on sending the injured to hospital.  Contact party chief, HSE officer or project manager if possible

Upon notification, confirm:  Time 4  Exact Location. Project Manager  Adopted emergency measures  Assistance Required.

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Pre-incident Action Plan ( Motor vehicle accident )

No Action Plan Action Party

 Number of Casualties

5 Confirm the above mentioned measures have been taken Project Manager

 Establish a common radio channel, Maintain constant communications with the accident scene, Anyone not connected with the incident must 6 stay off the radio Radio Operator  Maintain a written log. All communication and decisions, together with times, must be recorded from the onset of the emergency

Assess the situation; mobilize the emergency rescue team, medical 7 Project Manager treatment team, security team to the scene.

8 Notify the client’s supervisor and Sinopec Service Myanmar Branch Project Manager

Provide medical treatment, and check the victim’s severity. If necessary, 9 Doctor send the injured to near hospital for medical examination and treatment

Security Team temporarily takes over traffic coordination, until traffic 10 Deputy PM authority arrives if required

11 Emergency Rescue team clean up the scene Party Chief

12 Update the client’s supervisor and Sinopec Service Myanmar Branch Project Manager

Ensure the management to carry out subsequent investigation/inspection 13 Project Manager of facilities & equipments

Notice of the accidental scene:

1. Keep calm; give first aid treatment to the injured or illness person at site.

2. Assess the situation, ensure that the area is safe and secure for yourself and others to enter.

3. Prevent further injuries, be aware of fire, traffic, electricity, security, falling debris, etc.

If the traffic/vehicle accident induces injure, it should not only enforce above notices but also the follow:

1. If a traffic accident occurs and causes serious casualty of the driver or passengers, immediately call the medical entities for emergency treatment or try to stop passing vehicles for help on sending the injured to hospital. Report to party chief and project ASAP so that emergency measures can be taken.

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2. If the accident causes leakage of flammables, dangerous chemicals, which may further cause serious casualties, inform the personnel in the surrounding area to escape to safe area, and timely report to the local traffic police about the accident.

3. If the accident causes the vehicle on fire, the driver and passengers should try to put out the fire by fire extinguishers equipped on the vehicle. If the fire is too strong to be put out, evacuate the staff to safe area and then call the local fire brigade for help.

4. If the accident causes the third-party casualty, call the local traffic police and the hospital for help and protect the scene of accident.

Explosive related accident

In the event of explosive materials detonated unplanned cause personnel injured, initiate 5.4 PIAC-Personnel injury immediately.

Pre-incident Action Plan ( Explosive material lost )

No Action Plan Action Party

Upon explosive materials lost:  Identify the number, type and S.N of detonators The Most Senior 1  Organize personnel at scene to search Person at Scene  Notify party chief and radio operator

 Block off the access and egress of worksite 2  Alert the neighboring working units to stop working for stand by Party Chief  Notify the emergency case to Project Manager

 Establish a common radio channel, Maintain constant communications with the accident scene, Anyone not connected with the incident must 3 stay off the radio Radio Operator  Maintain a written log. All communication and decisions, together with times, must be recorded from the onset of the emergency

The Most Senior 4 Communicating the result of search to Party Chief Person at Scene

Should the search fails, start more detailed search along transportation 5 Project Chief route and other possible places

Upon the re-search failure confirmed:  Report to local relevant authority and police office 6 Project Manager  Report to the client’s supervisor and Sinopec Service Myanmar Branch  Mobile liaison to nearby community for investigation

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Pre-incident Action Plan ( Explosive material lost )

No Action Plan Action Party

7 Explanation and investigation the local residents with community leader Liaison

8 Field operation suspension, cooperate with policemen investigation Party Chief

9 After investigation finished, resume field operation Party Chief

10 Update the client’s supervisor and Sinopec Service Myanmar Branch Project Manager

Personal Injury

Pre-incident Action Plan ( Personnel injury )

No Action Plan Action Party

Upon injury accident occurs  Assess the situation and make sure the scene is safe for your-self and others to enter.  Prevent further injuries - be aware of Fire, Electricity, Gas, and Falling Debris  Do Not move the casualty unless the situation is immediately life The Most Senior 1 threatening Person at Scene  Inform the radio operator / party chief / Base Camp by walkie -talkie / mobile phone of : - Exact location ( Line / Shot point number, Access route) - Number of injured person, Type and severity of injuries - Brief description of what has happened

First aider hurry up to the scene with the first aid kit, he should:  Give immediate First Aid to preserve life - Airway: Ensure airway is maintained - Breathing: Check for breathing. Mouth to Mouth ventilation may be The Nearest First 2 required Aider - Circulation: Check for pulse. Chest compression may be required.  Carry out a primary survey of injuries and communication with the doctor, take actions as per doctor’s instructions  Record in writing the injuries and vital signs, with times of observation

 Establish a common radio channel, Maintain constant communications with the accident scene, Anyone not connected with the incident must 3 Radio Operator stay off the radio  Maintain a written log. All communication and decisions, together with

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Pre-incident Action Plan ( Personnel injury )

No Action Plan Action Party

times, must be recorded from the onset of the emergency

Upon notification, Project manager shall :  Assess situation 4  Mobilize Medical Treatment Team, if necessary together with Emergency Project Manager Rescue Team and Security Team  Notify the client’s supervisor and Sinopec Service Myanmar Branch

Maintain communication with site first aider, monitor the progress of the 5 injured physical condition, give professional assistances when driving to Doctor the scene

 Inform the near working unit stop to work, assemble personnel to the scene for preparation of medical carry and other arrangements if 6 ambulance can not access the scene Party chief  Arrange rendezvous point if necessary to escort ambulance to accident scene

After medical examination and treatment, doctor will decide:  Immediate medical evacuation is necessary - Contact with the local medical service center / hospital 7 - Give the information of details of personnel being evacuated, Doctor Nature of injuries, location of accident, estimated arrival time - Transfer the injured to destination by ambulance  If not, transfer the injured to clinic station at camp for further treatment

8 Update the client’s supervisor and Sinopec Service Myanmar Branch Project Manager

General Guidelines for Handling Casualties

Casualties with suspected fractures of Skull, Spine, or Upper Leg(s) are considered to be in grave danger. They are NOT to be moved UNLESS a life-threatening condition exists.

1. A life-threatening hazards include immediate danger from: Fire, Explosion, Electricity, Building Collapse, Falling Debris, Vehicle Traffic and Security

2. Life-threatening injuries and conditions include: Severe Bleeding, Severe Fractures, Burns, and Heat Stroke

3. These injuries present judgmental problems of on-site treatment and transportation to a competent medical facility

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4. The Party Chief or Controller must make every effort to get a doctor to the site before deciding to move the casualty.

Sinopec Service has visited the local hospitals and medical rescue centers. There are 3 hospitals near Block B2. Pinlebu hospital is most important hospital, Sinopec will start operation near Pinlebu Township in Block B2, this hospital can provide general disease treatments and first aid services, and Medical services provided include: physical examination, general surgery, common disease treatments, and treatments for endemic and infectious diseases, such as, malaria and snake bite. In addition,

Directory:

Pinlebu Government Hospital Director 09976102410

Mandalay Government Hospital Director 09790369011

SINOPEC will update more information before the operation commencement; include more society rescue, private clinic and local medical resource.

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Stung by Poisonous Creatures

Pre-incident Action Plan ( Personnel injury )

No Action Plan Action Party

Upon stung by poisonous creatures  Identify species  Clear the scene against another attack, alert the personnel nearby The Most Senior 1  Inform the radio operator / party chief / Base Camp by walkie -talkie / Person at Scene mobile phone of : - Exact location ( Line / Shot point number, Access route) - Type and severity of sting accident

First aider hurry up to the scene with the first aid kit, he should:  Give immediate First Aid to preserve life with knowledge and as per The Nearest First 2 instructions below Aaider  Communication with the doctor, take actions as per doctor’s instruction  Carry the injured to the nearest road waiting for ambulance arrival

Upon notification, Project manager shall :  Assess situation 4 Project Manager  Mobilize Medical Treatment Team  Notify the client’s supervisor and Sinopec Service Myanmar Branch

Maintain communication with site first aider, carry with anti-venom and 5 other equipments, monitor the progress of the injured physical condition, Doctor give professional assistances when driving to the scene

Arrange rendezvous point if necessary to escort ambulance to accident 6 Party Chief scene

After medical examination and treatment, doctor will decide:  Immediate medical evacuation is necessary - Contact with the local medical service center / hospital 7 Doctor - Give the information of details of sting accident: poisonous species, location of accident, estimated arrival time - Transfer the injured to destination by ambulance

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Pre-incident Action Plan ( Personnel injury )

No Action Plan Action Party

 If not, transfer the injured to clinic station at crew for further treatment

8 Update the client’s supervisor and Sinopec Service Myanmar Branch Project Manager

General Guidelines for dealing with a snake bite

 If the snake is no longer visible, do not attempt to catch or kill the snake as this increases the risk of another bite and it will cause delay in the treatment of the patient. Remember, identifying the snake is helpful, but not paramount in treating the victim. Snakes do not use all of their venom in one bite only

Many cases of snakebites occur while catching the snake that has bitten someone.

 Do not apply or use a tourniquet, which could cause compression injuries to nerves, tendons, ligaments, arteries, veins etc.

 Do not remove the bandage and splint once it has been applied.

 Do not cut or suck into the bite. It can lead to the spread of the venom and infection and can cause damage to tendons, nerves and blood vessels. Suction may lead to absorption of venom through mouth mucosa.

 Do not apply ice to the bite area.

 Do not rub any substances, such as creams etc, into the bite.

 Do not give anything orally to the victim.

 Do not use traditional remedies. Any treatments offered by traditional healers, witchdoctors, and shamans are ineffective.

 Do not wash the bitten area. The type of snake involved may be identified by the detection of venom on the skin.

SNAKE BITE FIRST AID MANAGEMENT

Recognition of venomous snake bites

Depending on the species, there may be:

 A pair of puncture marks or scratches (usually on a limb)

 Severe pain, redness, and swelling at the site of the bite (may develop slowly, from 30 minutes to several hours)

 Nausea and vomiting

 Disturbed vision

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 Increased salivation and sweating

 Labored breathing, in extreme cases, breathing may stop altogether

 Drooping eyelids

 Problems speaking or swallowing

 Seizures

 Drowsiness

Usually enough symptoms present themselves within an hour of a poisonous snakebite to confirm whether the victim has been envenomated or not.

First Aid Management

Any suspected snake bite must be treated with immediate First Aid and transported to the nearest recommended medical facility.

 Communicate the emergency to site fist aider ASAP to get help.

 Get the patient to lie down.

 Reassure the casualty, and tell the casualty to keep calm and still.

 Call the doctor stationed at seismic crew ASAP.

 Remove all rings, bracelets etc from the affected limb.

 If it is safe to do so, cut away restrictive clothing.

 Apply a pressure bandage, starting from just above the fingers or toe, and wind as far up the limb as the armpit or groin. This will slow the spread of the venom through the lymph system. Make sure that arterial circulation is not cut off, by making sure fingers or toes stay pink and warm. Use triangular bandages to immobilize the affected area. If bandages are not available, tear towels, sheets, clothes etc.

 The affected limb shall be immobilized in a splint in a neutral position at the level of the heart for transportation.

 Transport the patient, as a stretcher patient, to the recommended approved health facility as soon as possible. The anti-venom shall always accompany the patient.

 Do not rely on the availability of anti-venom in the hospital. Although there is usually plenty of time for the steady transfer, unnecessary delay can result in death.

 Anti-venom shall ONLY be used under the supervision of qualified Medical professional with appropriate arrangements and expertise of handling allergic reaction.

 It is very important to note that anti-venom has its own series of serious side effects. Anyone prone to allergies and asthma may go into anaphylactic shock as a result of the anti-venom entering the bloodstream which results in a sudden drop in blood pressure and may prove just as fatal as the venom itself.

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 The patient shall be kept under observation for signs of poisoning for at least 12 hrs after being bitten.

Security

Generally, security is a main concern of seismic crew. The project emergency team should be actively functioned under the guidance of the client’s supervisor or security consultant.

Alert Level Characteristics and Response

Level General Characteristics

Basic security measures in place Blue Minor disturbances may be apparent but no impact upon operations Enhanced security measures are required Yellow Some operational restrictions may be incurred Heighted security response required Orange Potential for significant obstacles or threat to operations Security situation is untenable for sustained operation Red Suspension of operations and / or evacuation plan

Response Event Indicator Action Level Minor disturbances may be apparent but no Mandate security controls are in place and impact upon operations: effective

 Effective government control and / or rule of law in  Routine security reporting arrangements, place communication within project organization  National infrastructure including transport and  Routine monitoring and review Green commercial airlines operating normally  International disputes managed through diplomatic relations with support from UN / international community  Peaceful protest demonstrations take place  Occasional street riots / violence away from operational site Increased level of disturbance and / or increased Enhanced security controls and operational probability of impact to operation restrictions required:

 Limited government control and / or law  Weekly security update with Client and enforcement Sinopec Service Myanmar Branch and Yellow communication within project organization  National infrastructure in slight turmoil  Review local security risks and controls,  International disputes not managed by diplomatic restrict local movement as required reconciliation from UN/ international community  Consider increase in security controls Occasional protests out of control take place  including: enhanced access controls,  Riots and street violence increased in some areas, perimeter protection, vehicle escorts and

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foreign embassies release the safety warnings security response forces  Occasional acts of terrorism in major cities not  Issue “business essential” travel advisory specifically targeted at petroleum industry or  Confirm all expatriates registered with Sinopec Service appropriate embassy and all visas and passport valid  Consider relocation non-essential staff  Review evacuation plans and conduct appropriate equipment checks  Keep contact with local enforcement agency Potential for significant obstacles or threat to Heightened security controls and operational operations restrictions, temporary or partial suspension of operation may be required:

 Significant police and military deployment required to maintain rule of law, localized curfew in place  Maintain contact with the Client and Sinopec Service Myanmar Branch  National infrastructure under threat  Business critical movement only at all sites  Foreign embassies issue advisories for essential travel only and withdraw dependents and / or  Consider further increase security controls non-essential personnel including: further enforcement of security guarding (military or police support) and asset  International dispute inflammatory in nature and Orange hardening of safe havens maybe accompanied by troop movement and cross border skirmishes  Issue business critical travel advisory or suspend all inbound travel  Country-wide protests and / or strike action  Final preparation and rehearsal of evacuation  Frequent riots and street violence in areas that do plans including vehicles, routes, escorts and not directly impact project operation and personnel communication  Sporadic terrorists and other events in major cities  Consider resupply requirements for all that lead to temporary suspension of normal locations and caretaker maintenance and operation. ( e.g. delay in crew change for several security of unmanned location days)  Keep close contact with local enforcement agency Security situation is untenable for sustained Suspension of operation, and implement operation evacuation plan

 Reinforcement of police by military forces to enforce  Maintain contact with the Client and Sinopec martial law and impose curfews in key area Service Myanmar Branch  Suspension or loss of key aspects of national  Strengthen staff’s confidential awareness infrastructure, some international airline flights  Implement evacuation plan cancelled  International schools and foreign diplomatic  Ensure adequate caretaker security in place if full operations are suspended missions close with expatriates advised to evacuate  Provide ongoing communications, guidance  Open threats of war made by leaders and security assistance to any staff if  Concentrated deployment of military forces and remaining in country escalation of conflict beyond border area  Wide spread civil unrest, not contained by police or military forces  Frequent acts of terrorism close to project operation  Sinopec Service or expatriates specifically threaten and / or targeted

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Emergency Response Procedure for Public Security Incident

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General Guidelines for Security

Trespass

 Stay calm, alert employees verbally or with whistle to avoid potential risks.

 Deputy project manager / Party chief organize security guards and other personnel to enhance securities of critical areas as soon as possible, including fuel storage, material warehouse and finance office, Parking lot, etc.

 Cope with the event peacefully, do not take any actions to escalate situation, violence is rigidly prohibited.

 Do not catch up with the trespasser, if he has run away from camp.

 Liaise with police if required.

Receipt of threats (verbal / written / bomb)

 Evaluate the situation, find out the causes and intents of the threat sender.

 Try to have dialogue with the threat sender to solve the problem cordially.

 If fails, enhance the securities and seek external assistance from community, police agency.

 In most serious case where there is life threatening and the threat cannot be removed by police / military forces, evacuation plan should be considered.

 When bomb threat is received:

- Take it seriously no matter it is true or not.

- Find out the place and detonation time of the bomb.

- Notify all personnel in the building away at once, and assembled at a safe place (﹥500m)

- Notify the police agency and have the building examined and cleared by specialist.

- Only the threat removal is released by authority, all personnel can return to the building.

Under threatening with a gun, knife, or other weapon

 Stay calm. Quietly send signal for help.

 Maintain eye contact.

 Stall for time. Keep talking--but follow instructions from the person who has the weapon.

 Don't risk harm to yourself or others.

 Never try to grab a weapon.

 Watch for a possible chance to escape to a safe area.

Protest or demonstration on / near base camp

 Keep all personnel well briefed, avoid confrontation, verbal or physical, at all costs.

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 Enhance the access control to avoid operation disruption, using alternative access points if possible.

 Attempt to get as much information as possible about protesters, for example: name, address, and organization they represent and aim.

 Treat non-violence protesters with consideration and respect. Invite the representatives of protests in, listening to their complaints and attempt to solve the problem.

 Liaise with local community and police agency for reconciliation if necessary.

Oil Spill

Pre-incident Action Plan ( Personnel injury )

No Action Plan Action Party

Upon notification from witness:

 Organize personnel to isolate/ shutdown the source of oil spill if possible

 Report the emergency situation to radio operation / base camp precisely and immediately The Most Senior 1 Person at Scene - Location of oil spill

- Type of oil, Magnitude of oil spill

 If the spill is minor, proceed to contain and clear up the polluted scene

 If not, stand by for further instructions

Upon notification:

 Assess the magnitude and consequences 2 Project Manager  Mobilize the Emergency Rescue Team and Security Team if necessary, alert the Medical Treatment Team in stand-by

 Conduct land surveillance and barricade the areas 3 Deputy PM  Direct the movement of vehicle and personnel nearby

Alert the neighboring community for potential support or evacuation if 4 Liaison necessary

 Emergency Rescue Team contains and cleans up the spill

 If external assistance is required, contact with and coordinate on scene 5 Party Chief  Organize manpower to scene for assistance if necessary

 Communicate the update to project manager

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Pre-incident Action Plan ( Personnel injury )

No Action Plan Action Party

Contain the spill from affecting the water catchments and sensitive areas. 6 Party Chief Remove waste collected to designated place

Notify the neighboring community of completion of oil spill handling if 7 Party Chief necessary

8 Notify the client’s supervisor and Sinopec Service Myanmar Branch Project Manager

General Guidelines for Oil Spill Handling

1. If the spills of pollutants are of large quantities, the source of pollution should be blocked or plugged while effective measures be also taken such as:

- Set the separately ditch, cofferdam and draining ditch, etc. to direct the pollutants to the designated pit and timely take them away in order to prevent the pollution from escalating.

- Use a pump to pump the spilled liquid into the container or tanker.

2. For a small quantity of liquid leakage, sands, absorbent and neutralized materials can be used

3. Foam extinguishing agents should be used to cover the spilled combustible materials, to prevent the occurrence of secondary incident and reduce the evaporation of pollutants into the atmosphere

4. The contaminated soil, water, etc., should be removed and backfill or replace the removed, restore land surface so as to reduce the pollution.

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Incident Report Management

Accident /Incident Classification and Report

Accident /Incident Classification

Incidents are categorized into the following 10 categories: vehicle incidents, falls, struck by, caught between, fire/explosion, drowning, electrical shock, occupational illness, environmental event, asset damage incident, and other accidents.

An Accident shall be classified based on SINOPEC SERVICE regulation. The following main categories shall be applied:

Class Severity Persons Environment Assets Reputation Security

Minor Injury or Localized to point Slight damage. Slight Impact S1 Illness require source, No Less than 5,000 Slight impact: Trespassing onsite first-aid recovery required. USD Minor Minor Injury or Minor Minor Impact Localized within Limited S2 Illness resulting damage.5,000 – Minor Criminal site boundaries. Impact in MTC. 50,000 USD Case Serious Injury. Temporary Major Impact Moderate harm disability, Local damage Major Criminal with possible Considerable S3 One person 50,000 - 500,000 case resulting in widespread impact with LWD USD injury effect. exceeds 10 Arson days. Very Serious Injury. Serious Impact Major Permanent Major damage. Major Major criminal Large release of S4 disability 500,000 – national case resulting in harmful chemicals loss of work 5,000,000 USD. impact single fatality days for several Kidnapping persons Extensive Impact Significant Harm Extensive damage. Major Major criminal S5 Fatality. with Widespread More than international case resulting in Effect. 5,000,000 USD impact: multiple fatality Bomb threat

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Accident /Incident Report

Accident report shall be provided to Govt. Authorities, as per requirement of law by ONGC, Country Manager

When an accident or incident occurs, Project manager should:

 Notify the client and Sinopec Service Myanmar Branch in accordance with SINOPC SERVICE Emergency Response Plan for Major Accident / Incident.

 On the basis of the situation and severity of the accident/incident, provide relevant information to the Chinese embassy and relevant agencies at local country such as medical treatment, fire brigade, transportation departments and the partners to seek for support from external resources.

Report Mode and Time Frame

Incident Class Reporting Time Report Requirement

S1, S2 Within a Week Brief description in Daily / Weekly HSE Report

Verbally report immediately, A written Report within 8 S3, S4, S5 Immediately hours.

Incident involve Verbally report immediately, A written Report within 8 Immediately Client or Public hours.

 Oral report: Report to the relevant parties mentioned-above about the status of accident /incident through telephone, mobile phone or radio.

- Every 4 hours if the accident / incident has occurred and continued without further deterioration

- Every 2 hours if the accident / incident has occurred and continued with further deterioration

- Every 12 hours if the accident / incident has temporarily occurred without further deterioration

- Every 6 hours or at any time if the accident / incident has temporarily happened with further deterioration

 Written report: Report to the relevant parties mentioned-above in writing and in detailed about the accident /incident through fax or E-mail.

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Emergency Report flowchart

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Support plan

Communication

The following preparations should be established:

 Emergency directory such as the telephone numbers of the client, superior emergency command center, and Chinese embassy in local country, local police station, fire brigades, hospitals, and international rescue organizations. Emergency card for staffs can be made based on above information. Please refer to Appendix 2, Emergency contact number.

 Communication devices should be equipped in accordance with the local communication capability and resources, such as telephone, satellite phone, mobile phone, radio, E -mail, walkie-talkie, etc.

 A field communication management system shall ensure that each field operation crew has at least one way to contact with base camp. Radio communication equipments are mounted on crew vehicles and provide 24/7 effective communication between base camp and vehicle drivers.

 Sufficient short-range (walkie-talkies) radio communication equipment will be on the Seismic Unit to ensure reliable communications within the area between individual units.

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Transportation

The following preparations should be established:

Maintain one emergency vehicle to keep them in good condition all the time. Prepare necessary accessories such as radio, fire extinguisher, first aid kit, spare tires, tool kit, light bulbs, maps, flashlights.

The ambulance shall contain as a minimum the following:

1. A seat adjacent to the stretcher(s) for a nurse / doctor

2. Oxygen bottle with breathing apparatus

3. Trauma kit

4. Wooden leg splints, Wooden arm splints

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5. Stretcher(spin board)

6. Bandages / gauze / cotton wool / Small plastic bags

Material

Total firefighting equipment

This is the draft firefighting equipment, after completed base camp construction, SINOPEC will update the firefighting equipmen.

S.N. Description Quantity

1 6 kg extinguisher (dry powder, ABC) 1

2 3 kg extinguisher (dry powder, ABC) 1 Total 25 3 2 kg extinguisher (dry powder, ABC) 19

4 1 kg extinguisher (dry powder, ABC) 4

5 Fire blanket 2

6 Fire bucket 6

7 Shovel 6

8 Sand 9 m3

Fire extinguisher

Moreover, The Fire Fighting Brigade in Pyay city is near SINOPEC Base Camp; the good road access allows the brigade to arrive at each building of Base Camp within 15 minutes.

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First Aid Kit Distribution

S.N Description Quantity

Model: FA-131

1 Base Camp 10

2 Survey Unit 5

3 Drilling Unit 10

4 Recording Unit 10

5 Vehicle 25

Total 60

Model: Portable As Required

Articles of First aid kit

Model: FA-131

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Emergency Response Drill

Purpose of Emergency Drill

 Regular emergency drill can verify the correctness and effectiveness of the emergency response plans. The emergency response plans may be updated and improved according to the deficiencies identified during the emergency drills;

 The drill is an important means to promote the staff to fulfill their tasks and demonstrate how to perform the tasks. In the drills, use of some relevant equipment and test of telecommunication devices should be included. Relevant entities should be informed regarding the drills, and they are preferably invited to join the drills.

 Drills shall occasionally be carried out without warning.

Frequency of Emergency Drill

 For fire fighting drill, should be performed once every quarter

 For personal injury/illness and road traffic accident, emergency drill should be performed once every quarter, Medevac drill within one week of start of operations.

 For emergency evacuation drill, should be performed once every project;

 For natural disaster, public health incident, public security incident and unexpected environment pollution incident, emergency drill should be performed once every year.

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Appendix 1: Incident notification & reporting form

Incident Investigation Report (IIR)

REPORT Preliminary  Company Incident  Work Related  Site File Ref: STATUS

Final  Contractor Incident  Off-The-Job  HSE File Ref:

Section 1 : INCIDENT INFORMATION

General Types of Incident

Incident Time: Injurious Non-Injurious Date:

Location: Site-Platform: Fatal  Fire/Explosion 

Department: Region: PTD/PPD  Equipment Damage 

Others (if Business  Lost Work Days  any): Interruption

For Recognition of Near Miss Reporting Restricted Work Days  Near Miss 

Reported Medical Treatment  Hazard  By:

Witness (if First-Aid  Environment any):

Personnel Involved (for Injurious Incident) Occupational Illness  Oil Spill 

Hydrocarbon Injured Name: Consequence  Release

Effluent H20 Occupation: Days Lost Time:  Quality

Staff No (if any): Act.Cost(RM000): Non-Conformance 

Est.Cost Department: Public/Security/Others  (RM000):

Contractor (if Spill Vol (bbls): Chemical Spill

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appl):

Immediate Prodn Loss: Supervisor:

Days In Time In Duty: Hours Into Shift Dow n Time: Tour

Description of Additional Significant Implication/Impact To: Injuries:

Others (if any): Health  Environment 

Safety  Production 

Section 2 : LIST OF HAZARD(S) CONTRIBUTING TO THE INCIDENT

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Section 3 :EVENT LEADING UP TO AND DESCRIPTION OF INCIDENT

(What, When, Where, Why, How ?) (Explain in full including dates, location, cause and action) (Additional spaces on next page)

Section 4 : FAILED AND MISSING BARRIERS

Section 5.1 : ACTIVE FAILURE-UNSAFE ACT AND/OR UNSAFE CONDITION THAT CAUSED THE BARRIER TO BE DEFEATED

Section 5.2 : PRECONDITION-PERSONAL FACTORS AND/OR JOB FACTORS THAT CAUSED THE ACTIVE FAILURES

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Section 5.3B : BASIC RISK FACTOR (BRF) – Section 5.3A : LATENT FAILURE-ROOT CAUSE WHICH IS NORMALLY A CLASSIFICATION OF THE LATENT FAILURE MANAGEMENT OR ORGANIZATION FAILURE (Select one or more according to the Latent Failure)

Hardw are (HW)

Design Engineering (DE)

Maintenance Management (MM)

Procedures (PR)

Error-enforcing conditions (EC)

Housekeeping (HK)

Incompatible Goals (IG)

Communication (CO)

Organization (OR)

Training (TR)

Defenses (DF)

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Section 6.1 : IMMEDIATE ACTION TAKEN

Person Responsible Target Completion Date

Section 6.2 : PERMANENT ACTION REQUIRED

Person Responsible Target Completion Date

Section 6.3 : MANAGEMENT CONTROL ACTION REQUIRED

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Person Responsible Target Completion Date

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Section 7 : PRACTICAL RISK ASSESSMENT

People Asset Environment Reputation Security

Rating 1 Rating 1 Rating 1 Rating 1 Rating 1

Rating 2 Rating 2 Rating 2 Rating 2 Rating 2

Rating 3 Rating 3 Rating 3 Rating 3 Rating 3

Rating 4 Rating 4 Rating 4 Rating 4 Rating 4

Rating 5 Rating 5 Rating 5 Rating 5 Rating 5

INCIDENT CLASSIFICATION CRITERIA

Class Rating People Asset Environment Reputation Security

Minor 1 Slight injury or health Slight damage Slight effect Slight impact Slight impact

effect  Direct damage cost Contained within Public awareness Trespassing

First Aid Case less than USD 2,500 secondary exist

containment

2 Minor injury or health Minor damage Minor effect Limited impact Minor impact

effect  Direct damage cost Causing volatilization Some local public Minor criminal case

Medical treatment, from USD 2,500 to to atmosphere and concern

LTI of 4 days or less USD25,000 limited contamination

of soil or water within

the containment area

Major 3 Major injury or health Local damage Local effect Considerable Minor Impact

effect  Direct damage cost Spill spreading impact  Major criminal

Permanent partial from USD 25,001 to outside the secondary Regional public case resulting in

disability, LTI more USD100,000 containment but concern. injury

than 4 days within facility Extensive adverse  Arson perimeter attention in local

media

4 Single fatality or Major Damage Major effect National impact Serious impact

Permanent Total

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Disability  Direct damage cost Spill spreading National public  Major criminal

from USD100,001 to outside perimeter concern. case resulting in

USD 1,000,000 causing major Extensive adverse single fatality

contamination attention in  Kidnapping national media

5 Multiple fatalities Extensive damage Massive effect International Extensive impact

 Direct damage cost Spill spreading impact  Major criminal

in excess of USD outside perimeter Extensive adverse case resulting in

1,000,000 causing massive attention in multiple fatalities

contamination international  Bomb threat media

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SPACE FOR ADDITIONAL COMMENTS FROM OTHER SECTIONS, SKETCHES ETC

Section 8 : ROUTING/APPROVAL

Designation Name Signature (for paper reporting) Date

Reporter

Immediate Superior

SHO Onboard

Party Chief

PETRONAS HSE

PETRONAS CSR

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Emergency response flowchart for Block B2

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Emergency Contact Number

No. Department Contact No.

Tel: 00951- 221280, 221281 1 Chinese Embassy in Yangon Fax: 00951-227019

Tel: 00952- 34457, 34458 2 Chinese Consulate in Mandalay Fax: 00952- 35944

3 Sinopec Hotline with International SOS Tel: 0086- 10- 64105959

Tel: 00951- 667871 / 667877 / 667879 4 International SOS in Yangon Fax: 00951- 667866

Myanmar Government and Authority

1 MOGE Tel: 00951- 282121 / 067-411055

2 Yangon Airport Tel: 00951- 662811

3 Ambulance-Yangon General Hospital Tel: 95-1-256112 / 256123-256131

4 Pyay Township Administrative Department Tel: 044-40268

5 Police Chief in Pyay Township Tel: 09-36305555

ONGC Vidish

Name Position Contact No. E-mail

SINOPEC SERVICE MYANMAR BRANCH

Name Position Contact No. E-mail

Tel: 01-556693 1 Liu Yang Country Manager [email protected] Mobile: 95026622

QHSE Department Tel: 01-556693 2 Zhu Benhua [email protected] Manager Mobile: 95067690

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Tel: 01-556693 Geophysical Dep. 3 Hu Pugai Mobile: [email protected] Manager 09263916056

Tel: 01-556693 4 Ya Tu Project Secretary [email protected] Mobile: 95094158

Project Organization

Name Position Contact No. E-mail

Liu 1 RGN Dep. manager Mobile: 09975801145 [email protected] yuanyuan

Deputy RGN Dep. Mobile: 2 Yu Xianbo [email protected] manager 09968514623

Gao Mobile: 3 Project Manager [email protected] Gao Guilong 09960837681

Wang Mobile: 4 Deputy Project Manager [email protected] Yanbo 09960427284

Luo Mobile: 5 HSE Manager [email protected] Qinglong 09768951619

P a g e | xlvi ESIA for Seismic Activity - B 2 Block, Myanmar

Annexure – XIII: Emergency Prepardness and Response Plan – Shot Hole Drilling

P a g e | 232 March 17 | OVL

Annex – XIII: Emergency Response Plan for

B2 Drilling of Shot hole

CONTENT

Drilling of Shot Hole...... iii

General Guidelines for Handling Casualties...... iv Directory: ...... v

Incident Report Management ...... vi

Accident /Incident Classification and Report ...... vi Accident /Incident Classification ...... vi Accident /Incident Report ...... vii

Emergency Response Flowchart for Block B-2 ...... ix

Emergency Contact Number ...... x

P a g e | ii

Drilling of Shot Hole

Pre-incident Action Plan (Drilling of Shot hole )

No Action Plan Action Party

Upon injury accident occurs  Assess the situation and make sure the scene is safe for your -self and others to enter.  Prevent further injuries - be aware of Fire, Electricity, Gas, and Falling Debris  Do Not move the casualty unless the situation is immediately life The Most Senior 1 threatening Person at Scene  Inform the radio operator / party chief / Base Camp by walkie-talkie / mobile phone of : - Exact location ( Line / Shot point number, Access route) - Number of injured person, Type and severity of injuries - Brief description of what has happened

First aider hurry up to the scene with the first aid kit, he should:  Give immediate First Aid to preserve life - Airway: Ensure airway is maintained - Breathing: Check for breathing. Mouth to Mouth ventilation may be required The Nearest First 2 - Circulation: Check for pulse. Chest compression may be Aider required.  Carry out a primary survey of injuries and communication with the doctor, take actions as per doctor’s instructions  Record in writing the injuries and vital signs, with times of observation

Upon notification, Project manager shall :  Assess situation 4  Mobilize Medical Treatment Team, if necessary together with Project Manager Emergency Rescue Team and Security Team  Notify the client’s supervisor and Sinopec Service Myanmar Branch

P a g e | iii

Pre-incident Action Plan (Drilling of Shot hole )

No Action Plan Action Party

Maintain communication with site first aider, monitor the progress of the 5 injured physical condition, give professional assistances when driving to Doctor the scene

 Inform the near working unit stop to work, assemble personnel to the scene for preparation of medical carry and other arrangements if 6 ambulance cannot access the scene Party chief  Arrange rendezvous point if necessary to escort ambulance to accident scene

8 Update the client’s supervisor and Sinopec Service Myanmar Branch Project Manager

General Guidelines for Handling Casualties

Casualties with suspected fractures of Skull, Spine, or Upper Leg(s) are considered to be in grave danger. They are NOT to be moved UNLESS a life-threatening condition exists.

1. A life-threatening hazards include immediate danger from:

2. Fire, Explosion, Electricity, Building Collapse, Falling Debris, Vehicle Traffic and Security

3. Life-threatening injuries and conditions include:

4. Severe Bleeding, Severe Fractures, Burns, and Heat Stroke

5. These injuries present judgmental problems of on-site treatment and transportation to a competent medical facility

6. The Party Chief or Controller must make every effort to get a doctor to the site before deciding to move the casualty.

P a g e | iv

Directory:

Pinlebu Government Hospital Director 09976102410

Mandalay Government Hospital Director 09790369011

P a g e | v

Incident Report Management

Accident /Incident Classification and Report

Accident /Incident Classification

An Accident shall be classified based on SINOPEC SERVICE regulation. The following main categories shall be applied:

Class Severity Persons Environment Assets Reputation Security

Minor Injury or Localized to point Slight damage. Less Slight Impact S1 Illness require source, No recovery Slight impact: than 5,000 USD Trespassing onsite first-aid required. Minor Minor Injury or Localized within site Minor damage.5,000 Minor Impact S2 Illness resulting in Limited Impact boundaries. – 50,000 USD Minor Criminal Case MTC.

Serious Injury. Temporary Major Impact Moderate harm with disability, Local damage 50,000 Considerable Major Criminal case S3 possible One person with - 500,000 USD impact resulting in injury widespread effect. LWD exceeds 10 Arson days.

Very Serious Injury. Serious Impact Permanent Major damage. Major criminal case Major Large release of Major national S4 disability 500,000 – 5,000,000 resulting in single harmful chemicals impact loss of work days USD. fatality for several Kidnapping persons

Extensive Impact Significant Harm Extensive damage. Major Major criminal case S5 Fatality. with Widespread More than 5,000,000 international resulting in multiple Effect. USD impact: fatality Bomb threat

P a g e | vi

Accident /Incident Report

Accident report shall be provided to Govt. Authorities, as per requirement of law by ONGC, Country Manager

When an accident or incident occurs, Project manager should:

 Notify the client and Sinopec Service Myanmar Branch in accordance with SINOPC SERVICE Emergency Response Plan for Major Accident / Incident.

Report Mode and Time Frame

Incident Class Reporting Time Report Requirement

S1, S2 Within a Week Brief description in Daily / Weekly HSE Report

Verbally report immediately, A written Report S3, S4, S5 Immediately within 8 hours.

Incident involve Client Verbally report immediately, A written Report Immediately or Public within 8 hours.

 Oral report: Report to the relevant parties mentioned-above about the status of accident /incident through telephone, mobile phone or radio.

o Every 4 hours if the accident / incident has occurred and continued without further deterioration

o Every 2 hours if the accident / incident has occurred and continued with further deterioration

o Every 12 hours if the accident / incident has temporarily occurred without further deterioration

o Every 6 hours or at any time if the accident / incident has temporarily happened with further deterioration

 Written report: Report to the relevant parties mentioned-above in writing and in detailed about the accident /incident through fax or E-mail.

P a g e | vii

Emergency Report flowchart

P a g e | viii

Emergency Response Flowchart for Block B-2

P a g e | ix

Emergency Contact Number

No. Department Contact No. Tel: 00951- 221280, 221281 1 Chinese Embassy in Yangon Fax: 00951-227019 Tel: 00952- 34457, 34458 2 Chinese Consulate in Mandalay Fax: 00952- 35944

3 Sinopec Hotline with International SOS Tel: 0086- 10- 64105959 Tel: 00951- 667871 / 667877 / 667879 4 International SOS in Yangon Fax: 00951- 667866

Myanmar Government and Authority

1 MOGE Tel: 00951- 282121 / 067-411055

2 Yangon Airport Tel: 00951- 662811

3 Ambulance-Yangon General Hospital Tel: 95-1-256112 / 256123-256131

4 Pyay Township Administrative Department Tel: 044-40268

5 Police Chief in Pyay Township Tel: 09-36305555

ONGC Videsh

Name Position Contact No. E-mail

5 SINOPEC SERVICE MYANMAR BRANCH

Name Position Contact No. E-mail Tel: 01-556693 1 Liu Yang Country Manager [email protected] Mobile: 95026622

QHSE Department Tel: 01-556693 2 Zhu Benhua [email protected] Manager Mobile: 95067690 Tel: 01-556693 Geophysical Dep. Hu Pugai [email protected] 3 Manager Mobile: 09263916056 Tel: 01-556693 4 Ya Tu Project Secretary [email protected] Mobile: 95094158

P a g e | x

Project Organization

Name Position Contact No. E-mail Liu RGN Dep. manager Mobile: 09975801145 [email protected] 1 yuanyuan Deputy RGN Dep. Mobile: Yu Xianbo [email protected] 2 manager 09968514623 Gao Mobile: Deputy Project Manager [email protected] 3 Gao 09960837681 Guilong Wang Deputy Project Manager Mobile: [email protected] 4 Yanbo 09960427284 Luo HSE Manager Mobile: [email protected] 5 Qinglong 09768951619

P a g e | xi ESIA for Seismic Activity - B 2 Block, Myanmar

Annexure – XIV: Safety and Health Plan for Labours

P a g e | 233 March 17 | OVL

Annex- XIV: Safety and Health Plan for Labor

P a g e | i

Content

Safety and Health Plan for Labor ...... iii

Pre-work medical examination ...... iii HSE Induction Training ...... iv Safety Work Training ...... iv PPE ...... v Fatigue Management ...... v Supervisor/ Monitor ...... vi Emergency Response...... vi

P a g e | ii Safety and Health Plan for Labor

This safety and health plan is to highlight the HSE requirements in seismic operation; basically requirements shall be strictly obeyed. There are 7 steps in labor HSE management following as below：

Labor safety and health step flowchart

Pre-work medical examination

All new employees or transferred personnel shall receive a pre-work medical examination by qualified doctors to ensure that the individuals are fit for work.

 The medical examination for all employees shall be regularly performed by one of the recognized medical centers. The medical examination shall be performed once every year a nd followed up with appropriate medical questionnaire. A health certificate which shows the health information of the employee shall be issued to the employee by a recognized doctor.

 Before new staffs begin to work, they should take physical examination, reject to employ the people who suffer from infectious disease such as pulmonary tuberculosis, hepatitis etc., or near-sighted, deaf, spine disease, limb disable should be rejected.

 The staffs who suffer from skin disease, sex disease, tuberculosis disease, liver disease, enteric disease and stomatosis can't embark on the work in the kitchens and purifying processing of drinking water.

P a g e | iii  Prior to resuming work after an injury or illness, the employee shall be confirmed fit for work by a competent physician.

 Intervals between medical examinations shall be shorter for cook and food handling personnel. Normally, health examination for these personnel should be given once every 6 months.

 The special medical examinations shall be performed when necessary.

HSE Induction Training

All new employees shall receive an in-depth orientation within 24 hours of arrival on a crew. Upon completion of orientation, Individual induction sheets should be duly signed by all relevant persons and will be recorded for future reference. Induction Training shall include but not limited to information on:

 HSE Policies

 HSE Awareness and Responsibility

 General Work Hazards and Environmental Impact

 Safety Transportation

 Fire precautions and Muster Point

 Basic survival

 Emergency procedures

 Unsafe Actions and Conditions Reporting

 STOP Card System / Incentive plan

 Welfare Location. (Clinic, Washing, Toilet)

 General Health and Hygiene

 First Aid Knowledge

Safety Work Training

Safety work training is a form of skill training and organized on the job, which ensures that employees undertake their job at a safe manner. This shall include but not limited to information on:

 Job Description

 Safe Work Procedure

 Permit-to-work System

 PPE Requirement

 Standard Safety Checks and Maintenance

P a g e | iv PPE

 All personnel at operation site are responsible to protect themselves and wear correct PPE.

 PPE shall be given to new employees before they enter the work site.

 Workers handling chemicals harmful to skin shall wear rubber gloves, protective apron, face shield and other appropriate protective devices, and they shall not wear unfit, loose or large sized working clothes.

 Workers shall not wear clothes contaminated by inflammable substances at workshop site.

 PPE such as safety helmet, goggles, mask, isolating gloves, isolating shoes, etc., shall be inspected and discarded as useless if there are signs of damage. The expiring date of PPE shall also be checked.

 Types and colors of PPE should be decided based on the local and climatic conditions.

 Repeated violation of procedures for PPE shall result in disciplinary action, including termination of labor contract.

Fatigue Management

This fatigue management guideline define the minimum standards on fatigue management throughout B2 project to reduce accidents, injury and illness caused by performance impairment due to fatigue. The requirements defined in this guideline are applicable throughout SINIPEC operation including sub-contractors engaged for works with SINOPEC.

Labor law issued by Myanmar government has clearly defined the work hours requirements, Sinopec Service will strictly abide by the followings:

 A maximum of 8 hours per day for high-intensity work

 A maximum of 12 hours per day for low-intensity work

 A maximum of 6 days per week for jobs with Sunday rest.

Rules for Working hours

Work group Office workers

Shift type Not applicable

Hours of service limit  8 hours work excluding I hour lunch break  7 weeks with 1 week off

Work group All drivers for any related journey for the project

Shift type Not applicable

Hours of service limit  10 hours including breaks  15 minutes breaks every two hours drive  7 weeks with 1 week off

P a g e | v

Work group Survey, explosive handlers, loaders, drilling crew recording crew and all similar

Shift type 12 hours shift per day

Hours of service limit  Extended hours should not exceed 16 hours  Minimum 8 hours rest should be provided before returning to next shift  7 weeks with 1 week off

Work group Security personnel for Base Camp and Fly Camps

Shift type 12 hours shift per day

Hours of service limit  Extended hours should not exceed 16 hours  Minimum 8 hours rest should be provided before returning to next shift  7 weeks with 1 week off

Supervisor/ Monitor

SINOPEC have HSE team to monitor the labor non-conformance activates. And use stop card to report and solved HSE issues, A minor non-conformance could be an isolated incident that does not affect HSE management, and with no or very little potential consequence. Minor non-conformances may be corrected without going through the steps as above

All non-conformances and the corrective measures are recorded in the Remedial Action Plan (RAP), which tracks hazards remaining in an uncontrolled condition as Action Points. For each AP, the following are defined:

 Description of the non-conformance

 Action plan to control the hazard

 Person/s responsible for implementing the control measures

 Time limit on completing the control measures

 The status of the AP (open or closed)

 Verification of closure of AP

Emergency Response

This emergency response plan is developed for the effective emergency response management to minimize the people casualty, property loss and environment pollution in case of any accident / incident occurs during whole execution for Seismic Data Acquisition Project in Block B2in Myanmar.

P a g e | vi

Personnel injury Pre-incident Action Plan

No Action Plan Action Party

1 Upon injury accident occurs The Most Senior Person at Scene  Assess the situation and make sure the scene is safe for your-self and others to enter.  Prevent further injuries - be aware of Fire, Electricity, Gas, and Falling Debris  Do Not move the casualty unless the situation is immediately life threatening  Inform the radio operator / party chief / Base Camp by walkie-talkie / mobile phone of : - Exact location ( Line / Shot point number, Access route) - Number of injured person, Type and severity of injuries - Brief description of what has happened

2 First aider hurry up to the scene with the first aid kit, he should: The Nearest First Aider  Give immediate First Aid to preserve life - Airway: Ensure airway is maintained - Breathing: Check for breathing. Mouth to Mouth ventilation may be required - Circulation: Check for pulse. Chest compression may be required.  Carry out a primary survey of injuries and communication with the doctor, take actions as per doctor’s instructions  Record in writing the injuries and vital signs, with times of observation

3  Establish a common radio channel, Maintain constant communications with the Radio Operator accident scene, Anyone not connected with the incident must stay off the radio  Maintain a written log. All communication and decisions, together with times, must be recorded from the onset of the emergency

4 Upon notification, Project manager shall : Project Manager

 Assess situation  Mobilize Medical Treatment Team, if necessary together with Emergency Rescue Team and Security Team  Notify the client’s supervisor and Sinopec Service Myanmar Branch 5 Maintain communication with site first aider, monitor the progress of the injured Doctor physical condition, give professional assistances when driving to the scene

6  Inform the near working unit stop to work, assemble personnel to the scene for Party chief preparation of medical carry and other arrangements if ambulance can not access the scene  Arrange rendezvous point if necessary to escort ambulance to accident scene

P a g e | vii 7 After medical examination and treatment, doctor will decide: Doctor

 Immediate medical evacuation is necessary - Contact with the local medical service center / hospital - Give the information of details of personnel being evacuated, Nature of injuries, location of accident, estimated arrival time - Transfer the injured to destination by ambulance  If not, transfer the injured to clinic station at camp for further treatment 8 Update the client’s supervisor and Sinopec Service Myanmar Branch Project Manager

General Guidelines for Handling Casualties

Casualties with suspected fractures of Skull, Spine, or Upper Leg(s) are considered to be in grave danger. They are NOT to be moved UNLESS a life-threatening condition exists.

 A life-threatening hazards include immediate danger from:

 Fire, Explosion, Electricity, Building Collapse, Falling Debris, Vehicle Traffic and Security

 Life-threatening injuries and conditions include:

 Severe Bleeding, Severe Fractures, Burns, and Heat Stroke

 These injuries present judgmental problems of on-site treatment and transportation to a competent medical facility

 The Party Chief or Controller must make every effort to get a doctor to the site before deciding to move the casualty.

Sinopec Service has visited the local hospitals and medical rescue centers. There are 3 hospitals near Block B2.Pinlebuhospital is most important hospital, Sinopec will start operation near Pinlebu Township in Block B2, this hospital can provide general disease treatments and first aid services, and Medical services provided include: physical examination, general surgery, common disease treatments, and treatments for endemic and infectious diseases, such as, malaria and snake bite.

Directory:

Pinlebu Government Hospital Director 09976102410

Mandalay Government Hospital Director 09790369011

P a g e | viii ESIA for Seismic Activity - B 2 Block, Myanmar

Annexure – XV: List of Commitments

P a g e | 234 March 17 | OVL

ESIA for Seismic Activity - B 2 Block, Myanmar

Annexure – XVI: Environmental and Social Legislation Details

P a g e | 235 March 17 | OVL Annex - XVI Environmental & Social Legislation - Myanmar Environmental Policy & Strategy This Policy was drafted by the National Commission for Environmental Affairs (NCEA) in 1994 to establish sound environment policies, utilization of water, land, forests, mineral, marine resources and other natural resources, in order to conserve the environment and prevent its degradation.

National Environmental Policy include The National achieving harmony and balance between its people, their cultural heritage, the Environmental environment and its natural resources. The Government of Myanmar is Policy (1994) obligated to take environmental considerations into account when developing anything that may enhance the quality of the life of all its citizens. The Policy also stresses that, although a nation has the right to use its natural resources,

int

This served as a precursor to the drafting of the Myanmar Agenda 21 in 1997. Agenda 21 was developed in 1997 and was a collaborative effort made by various government agencies including the National Commission for Environmental Affairs in order to form the National Land Commission to steer a process of sustainable land use management. It is divided into 4 Parts and 19 Chapters, and it reviews policies to be undertaken for improving environmental protection in Myanmar. It also creating a national framework legislation on the environment to improve coordination and cooperation between ministries on issues related to the environment; and creating legislation that requires environmental impact assessments to be done before any development project is undertaken. The Agenda 21 Framework is as follows:

Strengthening protected area management Promoting international cooperation Myanmar Agenda Developing a national database of biodiversity 21 (1997) Strengthening laws and legislation for biodiversity conservation management Protecting threatened and endangered species of plants and animals Strengthening sustainable use of natural resources Enhancing institutional capacity for biodiversity conservation and management Promoting education awareness and involvement of local communities in biodiversity conservation and management Studying the economic issues related to biodiversity

It was endorsed by the administration in 2007 and formulated in collaboration with the United Nations (UN). The Myanmar Agenda 21 included four program areas in Environmental Quality Management and Enhancement. It detailed the social, economic, institutional and infrastructural strengthening programs that will promote environmental protection in Myanmar. This strategy is concerned with the sustainable management of natural National resources, integrated economic development, and sustainable social Sustainable development. Development Strategy (2009) The NSDS was officially accepted by the Ministry of Planning. In theory, it is a guiding document for government ministries, departments and local authorities, UN organisations, and international and local NGOs. Implementation of the strategy will be assisted by adoption of the ECL and its accompanying regulations and guidelines and the development of sectoral- specific regulations that seek to enhance environmental protection and efficiency of resource use. Constitution as amendment to date, the article 37 (a) and 45 states that The Union is the ultimate owner of all lands and all natural resources above and below the ground, above and beneath the water and in the atmosphere in the Union and The Union shall protect and conserve natural environment respectively.

The Constitution of the Republic of the the Union in carrying out the following matters: Union of Myanmar (2008) Amended (a) Preservation and safeguarding of cultural heritage; by Law No. (b) Environmental conservation; 45/2015 (c) Striving for development of human resources;

This represents the highest commitment of the Republic of the Union of Myanmar to responsible environmental management. Environmental The Republic of the Union of Myanmar has enacted 61 legislations concerning of environmental conservation and protection and then in the time of New Government, the Pyidaungsu Hluttaw passed the Environmental Conservation Law on 30th March, 2012. Moreover, the Cabinet passed Environmental Conservation Rules of Law on 13 June 2013.

This Law recognizes the responsibility of the Environmental Conservation Committee with the Union Minister for the Union Ministry assigned by the Union Government as the Chairman and with suitable members to conserve the environment of the Republic of the Union of Myanmar.

This environmental conservation committee will advise the government on Environmental environmental matters. The committee is also made responsible for making Conservation Law rules for industry and for setting various environmental quality standards. (No. 09/2012) Among the statements contained in the law, this report extracts only those which concern with the scope of work of the project.

Chapter I

Title and Definition

The following expression contained in this law shall have the meaning given here under;

2 (b) Environmental Quality means the balance of nature including manmade objects wand also animals, plants, natural resources for the benefit of sustainability of nature and human begins;

(c) Environmental Quality Standard means the parameters of general quality for enhancement and conservation situations (d) Environmental Audit means periodic, systematically documented and objective evaluation to determine the followings; I. Correspond with regulatory requirements on environmental conservation; II. Environmental management system; III. Various possible environmental risks to the building, plots and premises.

(e) Pollution means any direct or indirect alteration, effect of the physical, thermal, chemical or biological properties of any part of the environment including land, water and atmosphere by discharging, emitting or depositing environment hazardous substances, pollutants or wastes so as to affect beneficial use of environment, or to affect public health, safety or welfare, or animals and plants or to contravene any condition, limitation or prohibition contained in the prior permission issued under this Law;

(f) Noise Pollution means the occurrence of sound unit which cause annoyance, fatigue, loss of hearing or interference with the perception of other sounds;

(g) Pollutant means solid, liquid, or vapour which directly or indirectly alters the quality so as to affect beneficial us of any segment or element of the environment or is hazardous or potentially hazardous to health or causes pollution;

(h) Waste includes solid, liquid, or vapour and also includes anything which is classified as waste in accord with this Law including radioactive substance which is discharged, emitted or deposited in the environment in such volume, constituency or any manner which causes environmental pollution;

(i) Hazardous Substance means a substance or object which may affect health including explosive substance, substance which may be created and used as a biological weapon, substance which may be used as a nuclear weapon, inflammable substance, oxidizing and peroxidizing substance, toxic substance, pathogenic substance, radioactive substance, genetic transforming substance, corrosive substance, irritating objects, whether chemical or not, which can be harmful to human being, animal, plant, property or environment;

(j) Beneficial Use means the use of the environment or any element or segment of the environment after making required protections from the adverse effects of waste, discharges, emissions and deposits so as to cause public health, safety or welfare;

(k) Cleaner Production means the continuous application of multi-strategy on environmental conservation to processes, products and services to improve the use of resource efficiently minimize waste, polluted water and emissions and converse and conserve the healthy nature and human environment (l) Control Equipment includes the followings:

(i) any apparatus for collecting waste; (ii) any automatic device which can be used for more effective operation of any equipment (iii) any devices for indicating or recording pollution or warning of excessive pollution; (iv) any other device or facility used for the purpose of limitation of pollution;

(p) Environmental Emergency means the situation which may affect the safety and health of the public or the environment and ecosystem if nature or man-made disaster or pollution is not taken action immediately;

The following facts relating to air pollution are extracted as follows:

Chapter II

Objectives

The objectives of this Law are as follows;

3 (c) To enable emerge a healthy and clean environment and to enable to conserve natural and cultural heritage for the benefit of present and future generations;

(f) To enable to implement for promoting public awareness and cooperation in educational programmes for dissemination of environmental perception;

Chapter III

Formation of the Environment Conservation Committee

The powers of the committee are as follow:

6(c) Accepting donations, grants, materials, and technological acids from local and foreign and managing and using such money, materials and technologies as may necessary in environmental conservation works;

6(f) Prohibiting the relevant Government department and organization if the environmental damages arise or situations for damage arise and, if necessary, asking policy to the Union Government;

Chapter IV

Duties and Power relating to the Environmental Conservation of the Ministry are as follows;

7 (a) Implementing the environmental conservation policies;

(b) Planning and laying down national or regional work plans relating to environmental management; (c) Laying down, carrying out and monitoring programmes for conservation and enhancement of the environment, and for conservation, control and abatement not to cause environmental pollution;

(d) Prescribing environmental quality standards including standards on emissions, effluents, solid wastes, production procedures, processes and products for conversation and enhancement of environmental quality;

(e) Submitting proposals to the Committee for economic incentive mechanisms and terms and conditions which may not affect the environment or cause least environmental affect for sustainable development in addition to legal affairs and guidelines relating to environment;

(i) Promoting and carrying out the establishment of necessary factories and stations for the treatment of solid wastes, effluents and emission which contain toxic and hazardous substance;

(j) Prescribing the terms and conditions relating to effluent treatment in industrial estates and other necessary places and buildings and emissions of machines, vehicles and mechanisms;

(l) Implementing the international, regional and bilateral agreements accepted by Myanmar for environmental quality in accord with the guidance adopted by the Union Government or the Committee;

(m) Causing to lay down and carry out a system of environmental impact assessment and social impact assessment as to whether or not a project or activity to be undertaken by any Government department, organization or may cause a significant impact on the environment;

(n) Laying down guidance relating to the management, conservation and enhancement of environment for the matters of protection of ozone layer, conservation of biological diversity, conservation of coastal environment, mitigation and adaption of global warming and climate change, combating desertification and management of non-depleting substance and management of other environmental matters;

(o) Managing to cause the polluter to compensate for environmental impact, cause to contribute fund by the organizations which obtain benefit from the natural environmental service system, cause to contribute a part of the benefit from the businesses which explore, trade and use the natural resources in environmental conversation works;

Chapter V

Environmental Emergency

9(a) If the Committee is aware that an event of environmental emergency has occurred or may occur in the entire Myanmar or any Region or state or any area, it shall immediately report to the Union Government so as to declare the occurrence of such event;

Chapter VI Environmental Quality Standards

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

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

(d) Atmospheric quality standards;

(e) Noise and vibration standards;

(f) Emission standards;

(g) Effluents standards;

(h)Solid wastes standards;

Chapter VII

Environmental Conservation

13. 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 department and organizations in the following matters:

(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 material and gems;

(d) Carrying out waste disposal and sanitation works;

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

14 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.

15 The owner or occupier of any business, material pr 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.

16 (a) is responsible to carry out by contributing the stipulated cash or kind in the releavant 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 directives issued for environmental conservation according to the releavant industrial estate, special economic zone or business.

Chapter VIII

Management of Urban Environment

17 The Ministry shall, for the management of urban environment, advise as may be necessary to the relevant Government departments and Government organizations, private organizations and individuals in carrying out the following matters in accord with the guidance laid down by the Committee:

(a) Land use planning and management including zoning;

(d) Management of wastes;

(e) Pollution control including land, water, air and noise pollution;

(f) Other necessary environmental management

Chapter IX

Conservation of Natural Resources and Cultural Heritages

18. The relevant Government departments and Government organization shall, in accord with the guidance of the Union Government and the Committee, carry out the conservation, management, beneficial use, sustainable use and enhancement of regional cooperation of the following environmental natural resources;

Chapter X

Prior Permission

21 The Ministry may, with the approval of the Union Government, stipulate the categories of business, work-site or factory, work-shop which may cause impact on the environmental quality that requires to obtain the prior permission.

22 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.

23 The Ministry may, after scrutinizing whether or not the application mad under section 22 is in conformity with the stipulations, grant or refuse to issue the prior permission by stipulating terms and conditions.

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

25 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 conversation 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.

Chapter XI

Insurance

26 The holder of the prior permission shall affect 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.

27. The Ministry shall give the remark if it is requested by the Myanmar Insurance on the extent and potential environmental impact in respect of the business, department or organization which carries out the business to be insured under section 26.

Chapter XII

Prohibitions

30. 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.

Chapter XIII

Offences and Penalties

34. Whoever imports, exports, produce, store, carry or trade 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 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. Chapter XII

Prohibitions

28 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.

29 No one shall, without violate contained in the rules, notification, orders, directives and procedures issued under this Law.

Chapter XIII

Offences and Penalties

31 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 year, or with fine from a minimum of one hundred thousand kyats to a maximum of one million kyats, or with both.

32 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.

33 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.

Chapter XIV

Miscellaneous

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

36 The Ministry may, with the approval of the Union Government, exempt a private business from complying with any provision contained in this Law for the interests of the Union and its people

37 If any Government department, organization or individual incurs the expenditures for any action due to the declaration of environmental emergency, such expenditures are entitled to claim from the environmental management fund.

38 The relevant Government department, Government organization authorized to issue license, permit or register or factory, workshop which is required to obtain the prior to the business, work-site or factory, workshop which has obtained the prior permission under this Law.

39. (a) The Ministry shall, if the person obtained the prior permission who was imposed with administrative penalty under-section 25fails to comply with the terms and condition, inform the relevant Government department, Government organization authorized to issue license, permit or register for the relevant business, work-site or factory, workshop to enable to take action as may necessary.

(b) The Government department, Government organization received information under sub-section (a) may, after making necessary inquiries if is found that any terms and conditions of environmental conservation contained in the prior permission is not complied with, cancel the issued license, permit or register or suspend it for a limited period.

40 The offence contained in section 32 is determined as the cognizable offence.

41 The provisions relating to environmental conservation contained in the laws, rules, orders, directives and procedures issued before the enactment of this Law shall remain in force unless it is contrary to the provisions contained in this Law.

42 In implementing the provisions contained in this Law:

(a) The Ministry may issue necessary rules, regulations and by-laws with the approval of the Union Government (b) The Committee and the Ministry may issue necessary notifications, orders, directives and procedures.

Environmental management in the country has been traditionally undertaken by line agencies within their respective mandates. In addition, the Private Industrial Enterprise Law of 1990 and the Myanmar Insurance Law of 1993 regulate any construction, business, mill or factory which can cause pollution to environment on whether there is compliance with required sanitary conditions. These laws also recognize the nature of the factory, location and population density of the neighborhood. Environmental Rules, Procedures & Standards The Environmental Conversation Rules (ECR) were issued by the Ministry of Environmental Conservation and Forestry on 5 June 2014. The ECR provide regulatory guidance for implementing the ECL. Environmental Conservation Rules Chapter (XI) - Environmental Impact Assessment (Notification No. 5/2014) Section 54. The business, department, organization or person who would carry out categories of plan, business or activity stipulated under rule 52: (a) shall carry out environmental impact assessment for his plan, business or activity; (b) submit to the Ministry in advance by which organization or person, the environmental impact assessment is intended to be carried out; (c) submit the environmental impact assessment report to the Ministry.

Section 55. The plan, business or activity which is established before the issue of these rules and responsible to carry out the environmental impact assessment or initial environmental examination shall prepare the environmental management plan in accord with the environmental impact assessment procedure to be issued under the Law and submit to the Ministry. The Ministry shall scrutinize the environmental management plan for approving it. The person who carries out the project, business or activity shall implement the environmental management plan approved by the Ministry and matters stipulated by the Ministry within the time stipulated by the Ministry.

Section 56. The person who carries out any project, business or activity shall arrange and carry out for conducting the environmental impact assessment for any project, business or activity by a qualified third person or organization accepted by the Ministry.

Chapter (XII) - Prior Permission Section 62. The Ministry shall determine and declare categories of business, workplace, mill or factory which are required to obtain prior permission and which may affect the necessary environmental quality standard after obtaining the approval of the Committee and the agreement of the Union Government.

Section 63. The owner or person in possession of the category of business, workplace, mill or factory stipulated under section 21 of the Law and rule 62 shall apply to the Ministry in the application (Form-1) to issue the prior permission.

Section 67. The persons desirous to carry out work of investment project shall carry out to obtain the approval of the Ministry whether or not it affects the environment.

Section 68. For the goodness of environmental management, the small- scaled private enterprises, mills and factories which are not included in the categories stipulated in rule 52 and 53 and 62 shall obtain the agreement of the Department whether or not it affects the environment, in advance before applying for permission, license to the relevant Ministry to construct or operate the business.

Chapter (XIII) Prohibitions Section 69. (a) Any person shall not emit, cause to emit, dispose, cause to dispose, pile and cause to pile, by any means, the pollutants and the hazardous waste or hazardous material stipulated by notification under the Law and any of these rules at any place which may affect the public directly or indirectly. (b) Any person shall not carry out to damage the ecosystem and the natural environment which is changing due to such system, except for carrying out with the permission of the Ministry for the interest of the people.

Chapter (XIV) Miscellaneous Section 74. Any person who finds the commission of any act or the violation of any prohibitions which may affect the environment may, for environmental conservation, inform to the relevant Township General Administration Department or relevant department, organization or the office of the ward or village-tract administrator. CHAPTER II. Establishment of the Environmental Impact Assessment Process Pursuant to Section 21 of the Law and Articles 52, 53 and 55 of the Rules, all Projects and Project expansions undertaken by any ministry, government department, organization, corporation, board, development committee and organization, local government or authority, company, cooperative, institution, enterprise, firm, partnership or individual (and/or all Projects, field sites, factories and businesses including expansions of such Projects, field sites, factories and businesses identified by the Ministry, which may cause impact on environmental quality and are required to obtain Prior Permission in accordance with Section 21 of the Law, and Article 62 of the Rules) having the potential to cause Adverse Impacts, are required to undertake IEE or EIA or to develop an EMP, and to obtain an ECC in accordance with this Procedure.

Section 4. Any Project, field site, factory or business which is identified by Section 21 of the Law and Article 62 of the Rules requires Prior Permission, including those which exist prior to the issuance of this Procedure. Myanmar Environmental Section 5. In accordance with Article 68 of the Rules, small-scale Projects, Impact Assessment field sites, factories or businesses which are not specifically identified by the Procedures, Ministry, but which may impact on environmental quality and as such are Notification No. required to obtain Prior Permission in accordance with Section 21 of the Law 616 / 2015 or Article 62 of the Rules, and which are also not included in Annex 1

the recommendation of the Department as to whether or not such a Project has Environmental Impacts and shall comply with the terms and conditions prescribed by the Department before applying for a permit or license from the relevant ministry or governmental organization.

Section 6. The ECC issued by the Ministry shall reflect any terms and conditions that are contained in any relevant Prior Permission.

Section 8. Any Project already in existence prior to the issuance of the Rules, or the construction of which has already commenced prior to the issuance of the Rules, and which, in either case, shall be required to undertake, within the timeframe prescribed by the Department, an environmental compliance audit, including on-site assessment, to identify past and/or present concerns related to that Project's Environmental Impacts, and to: a) develop an EIA or IEE or EMP; b) obtain an ECC; and c) take appropriate actions to mitigate Adverse Impacts in accordance with the Law, the Rules, and other applicable laws.

Section 13. The Project Proponent shall: a) arrange for appropriate public consultation through all phases of the IEE and EIA process as required by Articles 34, 50, and 61, and b) disclose to the public in a timely manner all relevant Project-related information in accordance with this Procedure except that which may relate to National Security concerns as informed by the Ministry. Requirements concerning Third Person or Organization undertaking IEE and EIA

Section 17. (a) If specific terms, conditions and/or registration procedures have not been separately issued by the Ministry, any Third Person or Organization, whether foreign or domestic, who wishes to prepare an IEE and EIA shall first apply to the Department together with the information and supporting evidence indicated below, to complete such registration. Such application shall include: i) the name, contact address and profile of the person or organization, ii) relevant experience of the person or organization, and iii) for key personnel, an outline of each person's experience in the field of environmental assessment, academic credentials, relevant certificates and accreditations. (b) If specific terms, conditions and/or registration procedures have been separately issued by the Ministry, any Third Person or Organization who wishes to prepare an IEE or EIA shall first apply to the Department in accordance with the terms, conditions and/or procedures for such registration.

CHAPTER VII. Environmental Management Plan Section 76. For Project types which require EMP according to the Article 55 (a) of the Rules or Article 24 of the Procedure, the Project Proponent may prepare an EMP by itself or may appoint a person or organization who/which is registered according to the Article 18.

Section 77. The Project Proponent shall issue a letter of endorsement in a format prescribed by the Ministry according to the Article 63. Such letter shall be submitted to the Department prepared either in the Myanmar language, or in the English language or both. The Project Proponent shall submit the EMP to the Department in both digital form and complete paper copies, together with the required service fee as prescribed by the Department, and confirming: a) the accuracy and completeness of the EMP; b) that the EMP has been prepared in strict compliance with applicable laws including this Procedure; and c) that the Project will at all times comply fully with the commitments, mitigation measures, and plans in the EMP. Section 78. Upon Receipt of the EMP from the Project Proponent, the Department shall review and submit to the Ministry to enable it to make a final decision on approval of the EMP.

CHAPTER VIII. Environmental Compliance Certificate, Conditions and Revisions to Conditions Section 87. Upon receipt of the written approval from the relevant authority, the Project Proponent shall commence implementation of the Project strictly in accordance with the conditions attached to the ECC and including the EMP, within such time as may be prescribed by the Ministry.

Section 88. The Project Proponent shall commence substantial implementation of the Project within the first two (2) years after the issuance of the ECC, and not later than thirty (30) days after such commencement shall notify the Department in writing of the date of commencement, and identify the activities constituting substantial implementation of the Project.

Section 89. The Project Proponent shall be required to carry out and submit for the Ministry's approval a new assessment (IEE or EIA, as the case may be) if substantial Project commencement has not occurred within two (2) years after obtaining the ECC, unless the Project Proponent has applied in writing providing reasons why it has not been able to commence substantial implementation of the Project, indicating what further period of time is needed before substantial commencement of the Project can take place, and the Ministry has in its discretion granted an extension.

Section 93. An ECC issued by the Ministry shall be valid for a period of five (5) years from the date of issuance. Six (6) months prior to expiration of an ECC issued by the Ministry, the Project Proponent may apply to the Ministry for an extension.

Section 95. In case of major changes in size, scope, location, layout, technology, risk associated with foreseeable Adverse Impacts, production methods or pollution prevention/ mitigation measures of the Project, or an expansion or second phase development is proposed, the Project Proponent shall notify the Ministry and provide supporting documentation of such changes within the timeframe as may be prescribed.

Section 97. For EIA Type Projects with comprehensive construction works, the Ministry may include as a condition in the ECC that the Project Proponent shall prepare and submit to the Department a detailed Construction Phase EMP for review and approval prior to the intended start of construction works of the Project.

Section 98. For EIA Type Projects, the Ministry may include as a condition in the ECC that the Project Proponent shall prepare and submit to the Department a detailed Operational Phase EMP for review and approval prior to the intended start of operations of the Project.

Section 99. The Department may require that a Construction Phase EMP or Operational Phase EMP, as the case may be, shall be periodically updated and resubmitted to the Department in accordance with Ministry guidance for its review and approval.

Section 100. The Project Proponent shall incorporate all relevant environmental commitments and requirements set forth in the EIA Report, Construction Phase EMP and/or Operational Phase EMP as the case may be, and in the ECC, applicable Emission Limit Values and Environmental Quality Standards, into detailed designs, construction contract specifications, and contracts on Project operations related to any part of the Project.

Responsibility for all Adverse Impacts Section 102. The Project Proponent shall bear full legal and financial responsibility for: a) all of the Project Proponent's actions and omissions and those of its contractors, subcontractors, officers, employees, agents, representatives, and consultants employed, hired, or authorized by the Project acting for or on behalf of the Project, in carrying out work on the Project; and b) PAPs until they have achieved socio-economic stability at a level not lower than that in effect prior to the commencement of the Project, and shall support programs for livelihood restoration and resettlement in consultation with the PAPs, related government agencies, and organizations and other concerned persons for all Adverse Impacts.

Section 103. The Project Proponent shall fully implement the EMP, all Project commitments, and conditions, and is liable to ensure that all contractors and subcontractors of the Project comply fully with all applicable Laws, the Rules, this Procedure, the EMP, Project commitments and conditions when providing services to the Project.

Section 104. The Project Proponent shall be responsible for, and shall fully and effectively implement, all requirements set forth in the ECC, applicable Laws, the Rules, this Procedure and standards.

Section 105. The Project Proponent shall timely notify and identify in writing to the Ministry, providing detailed information as to the proposed Project's potential Adverse Impacts.

CHAPTER IX. Monitoring Section 106. The Project Proponent shall, during all phases of the Project (pre-construction, construction, operation, decommissioning, closure and post-closure), engage in continuous, proactive and comprehensive self- monitoring of the Project and activities related thereto, all Adverse Impacts, and compliance with applicable laws, the Rules, this Procedure, standards, the ECC, and the EMP.

Section 107. The Project Proponent shall notify and identify in writing to the Ministry any breaches of its obligations or other performance failures or violations of the ECC and the EMP as soon as reasonably possible and in any event, in respect of any breach which would have a serious impact or where the urgent attention of the Ministry is or may be required, within not later than twenty-four (24) hours, and in all other cases within seven (7) days of the Project Proponent becoming aware of such incident.

Section 108. The Project Proponent shall submit monitoring reports to the Ministry not less frequently than every six (6) months, as provided in a schedule in the EMP, or periodically as prescribed by the Ministry.

Section 109. The monitoring reports shall include: a) documentation of compliance with all conditions; b) progress made to date on implementation of the EMP against the submitted implementation schedule; c) difficulties encountered in implementing the EMP and recommendations for remedying those difficulties and steps proposed to prevent or avoid similar future difficulties; d) number and type of non-compliance with the EMP and proposed remedial measures and timelines for completion of remediation; e) accidents or incidents relating to the occupational and community health and safety, and the environment; and f) monitoring data of environmental parameters and conditions as committed in the EMP or otherwise required.

Section 110. Within ten (10) days of completing a monitoring report as contemplated in Article 108 and Article 109 in accordance with the EMP schedule, the Project Proponent shall make such report (except as may relate public meeting places (e.g. libraries, community halls) and at the Project offices. Any organization or person may request a digital copy of a monitoring report and the Project shall, within ten (10) days of receiving such request, submit a digital copy via email or as may otherwise be agreed upon with the requestor.

Section 113. For purposes of monitoring and inspection, the Project Proponent: a) shall grant to the Ministry and/or its representatives, at any time during e Project site and any other location at which the Project activities or activities related to the Project are performed; and b) from time to time as and when the Ministry may reasonably require, shall to the Project site and any other location at which the Project activities or activities related to the Project are performed.

Section 115. In the event of an emergency, or where, in the opinion of the Ministry, there is or may exist a violation or risk of violation of the compliance by the Project with all applicable environmental and social requirements, the Project shall grant full and immediate access to the Ministry at any time as may be required by the Ministry.

Section 117. The Project Proponent s rights of access hereunder shall extend to access by the Ministry to the

Section 121. Where, in the opinion of the Ministry, the Project Proponent is not in compliance with, or is likely not to comply with, its environmental and social obligations, the Ministry may take such enforcement actions as the Ministry thinks appropriate as are set out in any applicable law, including without limitation the right to suspend the Project operation, and the right of the Ministry to employ any qualified third party to correct such noncompliance at the Project Proponent's sole expense.

Section 122. All costs of the Ministry to conduct inspection and monitoring of the Project shall be borne by the Project Proponent. Such costs shall not

Project commitments as set out in the EMP and in the ECC.

CHAPTER XI. Administrative Punishment Section 128. The payment of penalties by the Project Proponent shall not relieve the Project of liability, if any, for claims that may be asserted against the Project by third parties with respect to damage incurred and/or injury ches or performance defects by the Project. CHAPTER I - General Provisions

Objective Section 1 These national Environmental Quality (Emission) Guidelines (hereafter referred to as Guidelines) provide the basis for regulation and control of noise Environmental and vibration, air emissions, and liquid discharges from various sources in Quality Standards, order to prevent pollution for purposes of protection of human and ecosystem 2016 health.

Scope of Application Section 3 These Guidelines have been primarily excerpted from the International Finance Corporation (IFC) Environmental Health and Safety (EHS) Guidelines, which provide technical guidance on good international industry pollution prevention practice for application in developing countries. The Guidelines are generally considered to be achievable in new facilities by existing technology at reasonable costs. Application of these Guidelines to existing facilities may involve the establishment of site-specific targets, with an appropriate timetable for achieving them.

Section 4 Unless otherwise indicated, these Guidelines refer to emission sources, and are intended to prevent or minimize adverse impacts to environmental quality or human health by ensuring that pollutant concentrations do not reach or exceed ambient guidelines and standards. The Guidelines apply to projects that generate noise or air emissions, and / or that have either direct or indirect discharge of process water, wastewater from utility operations or storm water to the environment.

Section 5 General and industry-specific Guidelines as set out in Annex 1 Emissions Guidelines shall apply to any project subject to EIA Procedure, as adopted by the Ministry, in order to protect the environment and to control pollution in the Republic of the Union of Myanmar. These Guidelines specifically apply to all

o EIA or initial environmental examination.

Section 6 Provisions of the general and applicable industry-specific Guidelines shall be reflected in project environmental management plan (EMP) and environmental compliance certificate (ECC) and together con to take necessary measures to avoid, minimize and control adverse impacts to human health and safety, and the environment through reducing the total amount of emissions generation; to adopting process modifications, including waste minimization to lower the load of pollutants requiring treatment; and as necessary, to apply treatment techniques to further reduce the load of contaminants prior to release or discharge.

Section 7 Recognizing that these Guidelines are intended to prevent pollution through reducing the mass of pollutants emitted to the environment, dilution of air emissions and effluents to achieve maximum permitted values is not acceptable. Specified guideline values should be achieved, without dilution, at least 95 percent of the time that a project is operating, to be calculated as a proportion of annual operating hours.

Section 8 Further reference should be made by projects to applicable industry-specific IFC EHS guidelines for advice on means of achieving guideline values set out in Annex 1. CHAPTER II Chapter II - Implementation Procedures Section 9 As specified in the EIA Procedure, all projects are obliged to use, comply with and refer to applicable national guidelines or standards or international standards adopted by the Ministry. These Guidelines will henceforth be applied by the Ministry in satisfying this requirement until otherwise modified or succeeded by other guidelines or standards. As specified in the EIA Procedure, following project approval a project shall commence implementation strictly in accordance with the project EMP and any additional requirements set out in the project ECC, which will encompass conditions relating to emissions. In this regard, the Ministry will require that projects adhere to general and applicable industry guidelines as set out in Annex 1.

Section 10 While these Guidelines generally apply to all projects subject to the EIA Procedure, it is the prerogative of the Ministry to decide how the Guidelines should be applied to existing projects as referred to in the EIA Procedure, as

levels or measures than provided for in these Guidelines may be specified as appropriate, and a timeframe agreed for a project to fully comply with these Guidelines.

Section 11 As specified in the EIA Procedure, projects shall engage in continuous, proactive and comprehensive self monitoring of the project and comply with applicable guidelines and standards. For purposes of these Guidelines, projects shall be responsible for the monitoring of their compliance with general and applicable industry-specific Guidelines as specified in the project EMP and ECC.

Section 12 Air emissions, noise, odor, and liquid / effluent discharges will be sampled and measured at points of compliance as specified in the project EMP and ECC. Administrative Sector The penal code is mainly concerned with public health; it is considered an

reservoir so as to render it less fit for the purpose for which it is ordinarily tmosphere arising from smoke, fumes, noxious The Penal Code of odours, dust particles, noise and radioactive substances. Offences Affecting the Public Health, Safety, The only control of water pollution in the country is through guidelines issued Convenience, in June 1994 by the Myanmar Investment Commission. These guidelines Decency and require that new projects, from both foreign and private investments, have Morals, 1861 waste water treatment plants or systems. CHAPTER XIV OF OFFENCES AFFECTING THE PUBLIC HEALTH, SAFETY, CONVENIENCE, DECENCY AND MORALS

268. Public nuisance. A person is guilty of a public nuisance who does any act or is guilty of an illegal omission which causes any common injury, danger or annoyance to the public or to the people in general who dwell or occupy property in the vicinity, or which must necessarily cause injury, obstruction, danger or annoyance to persons who have occasion to use any public right. A common nuisance is not excused on the ground that it causes some convenience or advantage.

Section 269 Negligent act likely to spread infection of disease dangerous to life and Section 270. Malignant act likely to spread infection of disease dangerous to life. Whoever unlawfully or negligently does any act which is, and which he knows or has reason to believe to be, likely to spread the infection of any disease dangerous to life shall be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both.

271. Disobedience to quarantine rule. Whoever knowingly disobeys any rule made and promulgated by the Government for putting any vessel into a state of quarantine, or for regulating the intercourse of vessels in a state of quarantine with the shore or with other vessels, or for regulating the intercourse between places where an infectious disease prevails and other place, shall be punished with imprisonment of either description for a term which may extend to six month, or with fine, or with both.

277. Fouling water of public spring or reservoir. Whoever voluntarily corrupts or fouls the water of any public spring or reservoir, so as to render it less fit for the purpose for which it is ordinarily used, shall be punished with imprisonment of either description for a term which may extend to three months, or with fine which may extend to five hundred rupees, or with both.

278. Making atmosphere noxious to health. Whoever voluntarily vitiates the atmosphere in any place, so as to make it noxious to the health of persons in general dwelling or carrying on business in the neighbourhood or passing along a public way, shall be punished with fine which may extend to five hundred rupees.

284. Negligent conduct with respect to poisonous substance. Whoever does with any poisonous substance any act in a manner so rash or negligent as to endanger human life, or to be likely to cause hurt or injury to any person. or knowingly or negligently omits to take such order with any poisonous substance1' in his possession as is sufficient to guard against probable danger to human life from such poisonous substance, shall be punished with imprisonment of either description for term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.

285. Negligent conduct with respect to fire or combustible matter. Whoever does with fire or any combustible matter any act so rashly or negligently as to endanger human life, or to be likely to cause hurt or injury to any other person, or knowingly~, or negligently omits to take such order with any fire or any combustible matter in' his possession is sufficient to guard against any probable danger to human life from such fire or combustible matter, shall be punished with imprisonment of either description [for at term which may extend to three years, and shall also be liable to fine.]

286. Negligent conduct with respect to explosive substance. Whoever does with any explosive substance any act so rashly or negligently as to endanger human life, or. t6~ be likely to cause hurt or injury to any other person, or knowingly or negligently omits to take such order with any explosive substance in his possession as is sufficient to guard against any probable danger to human life from that substance, shall be punished with imprisonment of either description for a term which may extend to [three years, and shall also be liable to fine.]

Section 287. Negligent conduct with respect to machinery. Whoever does with any machinery any act so rashly or negligently as to endanger human life, or to be likely to cause hurt or injury to any other person, or knowingly or negligently omits to take such order with any machinery in his possession or under his care as is sufficient to guard against any probable danger to human life from such machinery, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.

Section 374. Unlawful compulsory labour. Whoever unlawfully compels any person to labour against the will of that person shall punished with imprisonment, of either description for a term which may extend to one year, or with fine, or with both. Provisions on offences which affect the human environment

Ward and Village Tract Chapter IX - Duties of the Person residing in the Ward or Village Tract Administration Law 21. If a person residing in the ward or village tract desires to hold ceremonies, (2012) Amended public entertainments, exhibitions, tournaments and traditional festivals, he by Law No 7/2012 shall obey the prescribed terms and conditions in addition to obtaining a and No. 13/2016 permit from relevant responsible person.

22. The person residing in the ward or village tract shall refrain from making (Amendments in injury or suffering to the interests of the local people directly or indirectly. Burmese only) 23. If the emergency situation arises after the fall of calamity, the person residing in the ward or village tract shall assist and carry out direct benefited works for public interest.

Chapter X - Rights of persons residing in the Ward of Village Tract

24. The ward or village tract administrator shall safeguard the following rights of persons residing in the relevant ward or village tract:

a) The right of safety of premises and property; b) The right to carry out maters relating to religion; c) The right to compile and nuture literature, culture, fine arts and customs; d) The right relating to education; e) The right relating to health; f) The right relation to socio-economic development.

Chapter XV - Miscellaneous 38. The Towns Act (Myanmar Act No.3/1907) and the Village Act (Myanmar Act No. 6/1907) are hereby repealed by this law. Section 5 (1) The President of the Union may make rules consistent with this Act to regulate or prohibit, except under and in accordance with the conditions of a licence granted as provided by those rules, the manufacture, possession, use, sale, transport and importation of explosives, or any specified class of explosives.

Section 6 (1) Notwithstanding anything in the rules under the last foregoing section the President of the Union may, from time to time, by notification in the Gazette, prohibit, either absolutely or subject to conditions, the manufacture, possession or importation of any explosive which is of so dangerous a character that, in the opinion of the President of the Union, it is expedient for the public safety to issue the notification. (2) The officers of sea customs at every port shall have the same power in respect of any explosive with regard to the importation of which a notification The Explosives Act, has been issued under this section and the vessel containing the explosive as 1887 they have for the time being in respect of any article the importation of which is prohibited or regulated by the law relating to sea customs* and the vessel containing the same; and the enactments for the time being in force relating to sea customs or any such article or vessel shall apply accordingly. (3) Any person manufacturing, possessing or importing an explosive in contravention of a notification issued under this section shall be punished with fine which may extend to three thousand rupees, and, in the case of importation by water, the owner and master of the vessel in which the explosive is imported shall, in the absence of reasonable excuse, each be punished with fine which may extend to three thousand rupees-

Section 8 Whenever there occurs in or about, or in connection with, any place Notice of in which an explosive is manufactured, possessed or used, or any carriage or accidents. vessel either conveying an explosive or on or from which an explosive is being loaded or unloaded, any accident by explosion or by fire attended with loss of human life or serious injury to person or property, or of a description usually attended with such loss or injury, the occupier of the place, or the master of the vessel or the person in charge of the carriage, as the case may be, shall forthwith give notice thereof to the officer in charge of the nearest police-station.

Section 10 When a person is convicted of an offence punishable under this Act or the rules made under this Act, the Court before which he is convicted may direct that the explosive, or ingredient of the explosive, or the substance (if any) in respect of which the offence has been committed, or any part of that explosive, ingredient or substance, shall, with the receptacles containing the same, be forfeited.11

Section 13 Whoever is found committing any act for which he is punishable under this Act or the rules under this Act. and which tends to cause explosion or fire in or about any place where an explosive is manufactured or stored, or any railway or port, or any carriage, ship or boat, may be apprehended without a warrant by a police officer, or by the occupier of. or the agent or offences. servant of. or other person authorized by the occupier of. that place, or by any agent or servant of, or other person authorized by, the railway administration or conservator of the port, and be removed from the place where he is arrested and conveyed a soon s conveniently may be before a Magistrate. Section 2

any materials for making any explosive substance; also any apparatus, machine, implement or material used, on intended to be used, or adapted for causing, or aiding in causing, any explosion in or with any explosive substance; also any part of any such apparatus, machine or implement. The Explosives Substances Act, 1908 Section 3 Any person who unlawfully and maliciously causes by any explosive substance an explosion of a nature likely to endanger life or to cause serious injury to property shall, whether any injury to person or property has been actually caused or not, be punished with transportation for life or any shorter term, to which fine may be added, or with imprisonment for a term which may extend to ten years, to which fine may be added. Provisions on the possession, use and disposal of poisons

Section 2 (1)

The Poisons Act, The President of the Union may by rule regulate, within the whole or any part 1919 of the Union of Burma, the possession for sale and the sale, whether wholesale or retail, of any specified poison. In particular, and without prejudice to the generality of the foregoing power, such rules may provide for -

(a) the grant of licences to possess any specified poison for sale, wholesale or retail, and the fixing of the fee (if any) to be charged for such licences ;

(b) the classes of persons to whom alone such licences may be granted;

(d) the maximum quantity of any such poison which may be sold to any one person;

(e) the maintenance by vendors of any such poison of registers of sales, the particulars to be entered in such registers, and the inspection of the same;

(f) the safe custody of such poisons and the labelling of the vessels. packages or coverings in which any such poison is sold or possessed for sale ; and

(g) the inspection and examination of any such poison when possessed for sale by any such vendor.

Section 3 The President of the Union may, by notification in the Gazette, prohibit, except under and in accordance with the conditions of a licence, the importation into the Union of Burma of any specified poison, and may by rule regulate the grant of licences.

5. Any substance specified as a poison in a rule made or notification issued under this Act shall be deemed to be a poison for the purposes of this Act.

4. (1) The President of the Union may by rule regulate the possession of any specified poison in any local area in which the use of such poison for the purpose of committing murder or mischief by poisoning cattle

6. (1) Whoever -

(a) commits a breach of any rule made under section 2, or

(b) imports into the Union of Burma without a licence any poison the importation of which is for the time being restricted under section 3, or

(c) breaks any condition of a licence for the importation of any poison granted to him under section 3, shall be puishable,

Provisions for regulating water supply and environmental sanitation in rural

The Essential Supplies and Services Act, 1947 It is hereby enacted as follows:

Section 1. This Act shall come into force on the first day of August, 1947, and shall remain in force until the President of the Union, by notification, directs that it shall cease to be in force.

Section 2. In this Act, the expression undertaking by way of trade or business

or to provide any public service ; (b) " calves, buffaloes (male and female) and buffalo calves.

Section 3. The President of the Union may, so far as appears to him to be expedient for maintaining supplies and services essential to the life of the community, by order provide

'(ID) for providing or regulating water supply and environmental sanitation in rural areas;

Section 4. If it appears to the President of the Union that for maintaining supplies and services essential to the life of the community, it is necessary to exercise control over the whole or anv part of an existing undertaking, the President of the Union may by order authorize any per., on (iieicm.uitr retorred to as an *' authorized controller to exercise, with respect to the undertaking or any part thereof specified in the order, such fnnctii ns of contro' as may be provided by the order, and so long as an order made under this section is in force with respect to any undertaking or part of an undertaking

Section 5. (/) If in the opinion of the President of the Union it is expedient so to do for securing the public safety, the maintenance of public order, or for maintaining supplies and services essential to the life of the community, the President of the Union may by order in writing requisition any animal, product, or thing, and may tnaki such farther orders as appear to the President of the Union to be expedient in connection with the requisitioning.

Section 6. The President of the Union may, if in his opinion it is expedient so to do for the purpose of maintaining supplies and services essential to the life of the community, by order, prohibit or restrict, or impose conditions upon, the slaughter of cattle and sale of meat of cattle in the Union of Burma or in any area thereof.

Section 7. The President of the Union may by order direct that any power or duty which is conferred er imposed on him by this Act shall in such circumstances and under such conditions, iflanv, as may be specified in the direction be exercised or discharged

by any officer or authority subordinate to the President of the Union, or

(b) by any other authority.

Prohibitions on the destruction of embankments; causing extreme suffering to the public or loss of life; endangering the security or well-being of public reservoirs, water supply works, water pipe connections, and public dams; and The Emergency poisoning drinking water. Provisions Act, 1950 Section 6 He who causes or intends to sabotage; (a) Government buildings or buildings, vehicles, machineries or materials selected for Government use; (b) streets, bridges, tunnels, ports or dockyards; (c) factories, mines, disposal of garbage, other materials and buildings necessary for the use of importing, distributing and manufacturing of necessary goods; (d) restricted areas or defensive areas; (e) materials and machineries needed for the transportation or water and water pipes; such a person shall be sentenced to seven years in prison, fine or both. Section 7. He who: - (a) commits the crime of putting poison or poisonous materials in drinking water; (b) moves or transfers without permission, disrupts or destroys things or materials intended for or owned by the State Military Organization; such a person shall be sentenced to seven years in prison, fine or both. Agriculture and Irrigation Sector Prohibitions on damaging or trespassing on embankments; or constructing and maintaining embankments without prior permission

Section 6. All persons labouring, or detained for the purpose of labouring, in compliance with a requisition made under section 5, or whose materials may be taken or means of transport used under that section, shall, as soon as may be reasonably practicable, be paid by the Embankment-officer for their labour and detention, or for such materials or for the hire of such means of transport (as the case may be), at a rate not being less than the highest market-rates for similar labour, materials or hire of means of transport for the time being prevailing in the neighbourhood.

Any dispute arising between an Embankment-officer and any person as to the amount to be paid to such person under this section may be referred by either The Embankment party to the Deputy Commissioner, whose decision thereon shall be final. Act, 1909 Section 7. Whenever, from the removal of any trees, bamboos or other materials or from the use of any means of transport under section 5, any damage, above the price or hire payable under section 6 for such materials or means of transport, results directly to any person, the Embankment-officer shall pay to such person such sum as may be agreed upon as compensation for such damage. In case of dispute as to the amount so to be paid, either party may refer such dispute to the Deputy Commissioner, whose decision thereon shall be final.

Section 8, Any person who:

(a) being a headman liable to furnish labourers under section 5 fails, without reasonable cause, to furnish or assist in furnishing the labourers required of him; or

(b) being a person liable to assist in any work under section 5, clause (a), refuses or neglects, without reasonable cause, so to assist; or

(c) being an owner or occupier of immoveable property liable under section 5, clause (b), to assist or furnish a hired labourer as his substitute, refuses or neglects. without reasonable cause, to assist or furnish a hired labourer as his substitute, shall be liable, on conviction before a Magistrate, to a line not exceeding fifty rupees, or to imprisonment for a term not exceeding one month, or to both.

Section 9.

(1) Where an Embankment-officer has been appointed for any embankment, whoever, without the permission of such officer, does any of the following acts:-

(a) damages such embankment by excavation, by dragging any boat, tree, log or-bamboos on or across it or by any other means;

(b) interferes with any work subsidiary to such embankment so as to damage, destroy, remove or render less useful any such work;

(d) grazes any cattle or allows any cattle under his charge (or of which he is the owner) to trespass on such embankment;

(e) cuts or roots out any tree, shrub or grass growing on such embankment;

(f) obstructs any drain or sluice connected with such embankment ; shall be punished with imprisonment for a term which may extend to six months or with fine which may extend to two hundred rupees, or with both.

(2) Where an Embankment-officer has been appointed for any embankment, any person who, without the permission in writing of such officer:

(a) enters into possession of any land forming part of such embankment, except under a lease or licence; or

(b) remains in possession of such land after any such lease or licence has been cancelled or has expired, or as otherwise become void, and possession has been demanded, shall be liable to be summarily evicted there from.

Section 9A.

(1) Any person who causes any vehicle to pass on or across any embankment, contrary to any order made in this respect by the Deputy Commissioner, shall be punished with imprisonment for a term which may extend to six months, or with fine which may extend to two hundred rupees, or with both.

(2) Any such order may require a fee or fees to be paid as a condition precedent to the use of an embankment for vehicular traffic.

Section 10.

(1) Any person who, without the permission of the Deputy Commissioner, constructs, maintains, repairs or adds to any dyke, embankment or bund (other than a kazin) within the limits of any local area to which this sub- section may from time to time be applied by public notice by the President of the Union shall be punished with imprisonment for a term which may extend to six months, or with line which may extend to two hundred rupees, or with both.

(2) If any question arises whether a specified erection is a kazin, the decision of the Deputy Commissioner shall be final.

Section 11.

(1) The Deputy Commissioner may by notice require any person who constructs, maintains, repairs or adds to a dyke, embankment or a bund in contravention of the provisions of section 10, sub-section (1), to remove the same within a time to be specified in the notice.

(2) If any dyke, embankment or bund of which the removal has been required by notice under sub-section (1) is not removed within the time specified in the notice, the Deputy Commissioner may cause the same to be removed.

(3) The cost of the removal of any dyke, embankment or bund removed under the provisions of sub-section (2) shall be recoverable as an arrear of revenue either from the person who constructed, maintained, repaired or added to the dyke, embankment or bund, or from the owner or occupier of the land on which it was situated, or jointly and severally from both such persons, as the Deputy Commissioner may determine.

Section 12. Every Embankment-officer and every person authorized by an Embankment-officer to act

Section 12A. Any person in charge of or employed upon any embankment may remove from the lands or buildings belonging thereto, or may arrest without a warrant and take forthwith before a Magistrate or to the nearest police-station to be dealt with according to law, any person, who within his view, commits any of the offences mentioned in clauses (a), (b) and (c) of sub-section (1) of section 9.

Provisions to control the import of plants, plant products, pests, beneficial organisms and soil; and to prohibit the intentional transportation of any of the above items which are known to be contaminated, or which have been placed under quarantine.

The Plant Pest Chapter II Objectives Quarantine Law, 1993 Section 3. This Law shall be implemented in accordance with the objective given hereunder: -

(a) to prevent quarantine pests from entering into Myanmar by any mean;

(b) to suppress effectively the spread of quarantine pests;

(c) to carry out, if necessary, disinfestation, disinfection treatment of plant or plant product to be exported and the issuance of phyto sanitary certificate.

Chapter VI Prohibition and Penalty

Section 11. No person shall, without obtaining the import certificate, import plant, plant product, pest, beneficial organism or soil.

Section 14. No person shall, knowingly transport from one place to another within the country, plant, plant product, beneficial organism or soil which has been declared to be infested or infected with quarantine pest by the Myanmar Agriculture Service.

Section 15. No person shall violate any provision of the rules, procedures, made under this Law.

Culture Sector Section 21 No person shall without the permission of the Government of the Union of Myanmar, carry out mining or digging, quarrying, or production of Petroleum or digging of earth in areas surrounding a building preserved and protected by the Revolutionary Government of the Union of Myanmar. Besides, in carrying out explosive works in an area surrounding the building, the type, the quantity of explosives used and the relative distance shall be weighed so as not to ARCHIVE endanger the building. Provided that no provisions of sub-section (1) shall be PROPERTIES deemed to prohibit the digging in areas surrounding the building used for the (AMENDMENT) ACT purpose of cultivation. (1962)

Section 4.3 Whoever contravenes the provisions of this section, besides being punished with imprisonment for not less than three months and not more than six months rigorous imprisonment or fine extending to three thousand Kyats or both, shall compensate for damages caused to the building by such contravention. Provisions to protect ancient sites and regions and cultural heritage areas from any adverse impacts due to industrialization, tourism and urbanization

CHAPTER VI APPLYING FOR PRIOR PERMISSION, SCRUTINIZING AND ISSUING The Protection and Preservation of Section 13. A person desirous of carrying out one of the following shall abide Cultural Heritage by the provisions of other existing laws and also apply to the Department in Region Law, 1998 accordance with stipulations to obtain prior permission under this Law:- Amended by Law. No.1/2009 (a) within the ancient monumental zone or the ancient site zone: (1) constructing or extending a building; (2) renovating the ancient monument or extending the boundary of its enclosure;

(b) within the protected and preserved zone, constructing, extending, renovating a hotel, motel, guest house, lodging house or industrial building or extending the boundary of its enclosure; (c) within the cultural heritage region:

(1) carrying out the renovation and maintenance work of the ancient monument without altering the original ancient form and structure or original ancient workmanship;

(2) carrying out archaeological excavations;

(3) building road, constructing bridge, irrigation canal and embankment or extending the same.

Section 15. A person desirous of carrying out one of the following shall abide by the provisions of other existing laws and also apply in accordance with the stipulations to the Department to obtain prior permission under this Law:-

(a) renovation of a building other than an ancient monument or extension of the boundary of its enclosure in the ancient monumental zone or the ancient site zone;

(b) within the protected and preserved zone, constructing, extending, renovating a building other than a hotel, motel, guest house, lodging house or industrial building or extending the boundary of its enclosure;

Section 17. The Ministry of Culture and the Department shall, with respect to the application for prior permission under this Law, scrutinize based on the following acts:-

(a) whether it can cause obstruction of the view of the cultural heritage region or not;

(b) whether it is clear of the ancient monument or ancient site or not;

(c) whether it can obstruct the surrounding natural landscape or not; ( d) whether it can undermine the grandeur of the ancient monument or not;

(e) whether it can affect the security of the cultural heritage or not; and

(f) whether it can cause environmental pollution or not.

CHAPTER VII PROHIBITIONS

Section 18. No person shall, without prior permission granted under this law, construct, extend, renovate a building or extend the boundary of its enclosure in the ancient monumental zone or ancient site zone.

Section 19. No person shall, without prior permission granted under this Law carry out any of the following with respect to a building within the protected and preserved zone:-

(a) constructing or extending; (b) renovating or extending the boundary of its enclosure.

Section 20. No person shall carry out any of the following in the cultural heritage region:-

(a) destroying an ancient monument;

(b) willfully altering the original ancient form and structure or original ancient workmanship of an ancient monument;

(d) exploring for petroleum, natural gas, precious stones or minerals.

Section 21. No person shall, without prior permission granted under this Law, carry out any of the following in the cultural heritage region:-

(a) carrying out renovation and maintenance work on an ancient monument; (b) carrying out archaeological excavation; (c) building road, constructing bridge, irrigation canal, embankment or extending the same; (d) digging well, pond, fish-breeding pond or extending the same.

Section 22. No person shall construct a building which is not in conformity with the conditions prescribed region wise by the Ministry of Culture in the cultural heritage region.

Section 23. No person shall plough and cultivate or carry out any activity which may cause damage to the cultural heritage within the boundary notified by the Department in the cultural heritage region.

CHAPTER IX MISCELLANEOUS

Section 29.

(a) The provision of sub-section (d) of section 20 shall not apply to the drilling of petroleum or natural gas and mining of precious stones or minerals for the benefit of the State in the cultural heritage region.

(b) If any circumstance arises for the drilling of petroleum or natural gas and mining of precious stones or minerals in the cultural heritage region for the benefit of the State, it shall be submitted to the Government and permission shall be requested.

The amendment is concerned with revising fine for failure to abide by this law. Chapter VI. Informing that an Ancient Monument is found

Section 12. If a person who finds an ancient monument of over one hundred The Protection and years old and above or under the ground or above or under the water which Preservation of has no owner or custodian knows or it seems reasonable to assume that the Ancient said monument is an ancient monument, he shall promptly inform the relevant Monuments Law Ward or Village-Tract Administrative Office. (No. 51/2015) Section 13.

(a) If the information is received under Section 12, the Ward or Village- Tract Administrator shall keep the said monument as may be necessary and shall forward the information to the relevant Township Administrative Office within 14 days. The Township Administrator shall promptly carry out the necessities and inform the Department within 7 days from the date on which the information is received.

(b) The Department shall inspect whether it is a real ancient monument or not and keep or cause to protect as may be necessary in accord with the stipulations when the information is received under sub-section (a).

Chapter VII. Applying for prior Permission, Scrutiny and Issue

Section 14. Any Department, any organization or any person desirous of any of the followings shall abide by the provisions of other existing laws and apply for the prior permission under this Law to the Department in accord with the stipulations:

(a) repairing and maintaining the whole or a part of an ancient monument without altering its original form or its original workmanship or altering the boundary of its enclosure;

(e) surveying, digging and researching places where an ancient monument is situated;

Section 15. A person aiming at realizing any of the followings within the specified area of an ancient monument shall apply to get prior permission to the Department:

(b) constructing or extending or repairing new buildings including hotels, factories and residential buildings or fencing or extending a fence;

(c) digging to search petroleum, natural gas, gem or mineral, piping petroleum and natural gas, constructing factories, connecting national grid, constructing communication tower, constructing or extending infrastructures such as road, bridge, airfield, irrigation and embankment;

(d) connecting underground electric cable, communication cable and other underground works;

(f) gold sieving, digging, burning bricks, digging well, lake, creek, ditch, gully, pit digging, refilling, levelling, mining, quarry, gravel digging and unearth sand, removing the mounds and hills which can damage the physical feature of the land;

Chapter VIII Prohibitions

Section 19. No one shall carry out any of the following acts within the specified campus of an ancient monument without the written permission of the Department:

(a) destroying or damaging an ancient monument;

(b) carrying out to alter the original form or the original workmanship of an ancient monument; (c) digging to search for remains;

(d) looting and removing original elements and artefacts from an ancient monument.

Section 20. No one shall carry out any of the following acts which are assumed to cause damage to an ancient monument within the specified area of an ancient monument or of a listed ancient monument without a written prior permission:

(b) using machines which causes vibration within the specified place of an ancient monument and running various types of vehicles;

(c) cultivating, gardening, breeding, fencing by blocking nearby an ancient monument or doing any other act which can affect an ancient monument;

(d) emission of gas such as hot-air balloon which can affect an ancient monument;

(e) landing and taking off and, flying aeroplane and helicopter which can directly or indirectly affect an ancient monument;

(f) discarding chemical substance and rubbish which can affect an ancient monument and the environment.

Chapter VI. Informing that an Antique Object is found

Section 12. The person who finds any object which has no owner or custodian, he shall promptly inform the relevant Ward or Village-Tract Administrator if he knows or it seems reasonable to assume that the said object is an antique object.

Section 13.

(a) If the information is received under section 12, the Ward or Village- Tract Administrator shall keep the said object as may be necessary and shall forward the information to the relevant Township Administrative Office within 14 days. The Township Administrator shall promptly carry out the necessities The Protection and and inform the Department within 7 days from the date on which the Preservation of information is received; Antique Objects Law (No. 43/2015) (b) The Department shall inspect whether it is a real antique object or not and keep or cause to keep as may be necessary in accord with the stipulations when the information is received under sub-section (a).

Chapter VII. Applying the permission for an Antique Object

Section 14. (a) Any Department, organization or person desirous to carry out any of the following shall apply for permission to the Department or the Division delegated by the Department in accord with the stipulations:

(i) excavation or search of an antique object above or under the ground and above or under the water;

(ii) carrying and transporting an antique object to a foreign country in order to display in an exhibition, to do research or to protect and preserve it by the programme of cultural exchange mutually;

(iii) transporting an antique object from one place to another within the country;

(iv) taking photo, video or film, copying or duplicating and replicating for the commercial purposes of an antique object which is kept in the possession of the Department.

(b) The Department or the Division delegated by the Department may grant permission or refuse to grant permission after scrutinizing the application under sub-section (a) in accord with the stipulations.

Chapter (3) Section (4-a,c,d, g, h, i, Rights of Ethnic j) community and to maintain the cultural heritage, literature, language and culture

Chapter (6) Section (14), (15), (16), Issue to manage how to (17), (18), (19), (20), protect above the The Law Protecting (21) different categories the Rights of National Races (No. 8/2015) Chapter (7) Section (22), (23), (24) Prohibitions

Chapter (8) Section (25), (26), (27) Issue related with Penalties

Chapter (9) Section (28), (29), (30), General Information to (31), (32), (33) protect laws regulations and penalties

City Development Sector Section 7 Functions and duties of the Committee

The City of Yangon Development Law, The Committee shall in respect of the following functions and duties, lay down (No 11/1990) the policy, give guidance supervise or implement: (Amended in 1995 a) carrying out works for water supply; and 1996) b) construction and maintenance of water tanks, water pipelines; c) carrying out works for sanitation; and d) carrying out works for public health. National Planning and Economic Development

The Myanmar Requires any business which may pollute the environment to effect Insurance Law (No. compulsory general liability insurance 10/1993) Section 16 An entrepreneur or an organization operating an enterprise which may cause loss to State-owned property or which may cause damage to the life and property of the public or which may cause pollution to the environment shall effect compulsory general liability insurance with Myanmar government.

Section 19

Economic Organizations which have been formed under a permit under the Union of Myanmar Foreign Investment Law shall effect only with the Myanmar Insurance the classes of insurance which the Myanmar Insurance determines from time to time. However from amongst the classes of insurance which the said Economic Organizations are to effect the Ministry of Finance and Revenue may exempt from effecting insurance of any class or more than one class, in the interest of the State. Provisions to restrict or prohibit investment activities which affect public health, the environment and ecosystems, which produce toxic waste or which engage with toxic chemicals; duties of investors to conduct business in such a way as to avoid environmental damage, air and water pollution, in accordance with existing laws

Chapter (5) Resignation, Dismissal from the Commission and Appointment for Vacancy Section 15. The Government may dismiss a member of the Commission in one of the following events: (a) Health deficiency to the extent that the member is no longer able to continue to undertake his/her duties according to the diagnosis of the medical team stipulated by Myanmar law; Investment Law, 2016 (b) Imprisonment by a court due to a criminal offence; (c) Being declared as insolvent by a court; or (d) Failure to properly perform his/her duties.

Chapter (12) Rights to Use Land Section 51. (a) An investor which receives authorization according to this Law has the right to obtain a long- term lease of land in accordance with relevant laws, either from private land- holders or from any government body or government organization in the case of state-owned land. Myanmar citizen investors may invest using land owned by them, in accordance with relevant laws. (d) The investor shall register the lease agreement at the Registrar Office of Deeds and Assurances in accordance with the Registration Act. Chapter (16) Responsibilities of Investors 66. The Investor - (a) shall respect and comply with the customs, traditions and culture of the national races in the Union; (b) shall establish or register a company or partnership or sole proprietorship under the existing laws of Myanmar in order to invest; (c) shall abide by the rules and stipulations of special licenses, permits, and business operation certificates issued to them, including terms and conditions and tax obligations contained in the rules, procedures, notifications, orders and directives issued under laws of Myanmar and this Law; (d) shall carry out in accordance with the stipulations if it is required by the nature of business or other need to obtain any license or permit from the relevant Union Ministries, government bodies and organizations, or to carry out registration; (e) shall immediately inform the Commission if natural mineral resources or antique objects and treasure trove, which are not related to the permitted business and not included in original contracts, are found above and under the land on which the investor is entitled to lease or use, shall continue to carry out business on such land only if the Commission allows, and shall secure a substitute approval to relocate and carry out the business at a place which is selected and submitted by the investor if permission for the continuing conduct of the business is not obtained; (f) shall not make any significant alteration of topography or elevation of the land on which he is entitled to lease or has rights to use, without the approval of the Commission; (g) shall in relation to the investment business, abide by existing Myanmar laws, rules, procedures and best standards practiced internationally so as not to cause damage, pollution, loss to the natural and social environment and not to cause damage to cultural heritage; (h) shall prepare and keep proper records of books of account and annual financial statement, and necessary financial matters relating to the investments which are performed by permit in accordance with internationally recognized accounting standards; shall also prepare and keep proper records of books of account and annual financial statement, and necessary financial matters relating to the investments which are performed by endorsement in accordance with domestic recognized accounting standards; (i) shall discontinue the business only after paying compensation to employees in accordance with relevant laws for any breach of employment contracts, closure of investment, sale and transfer of investment, discontinuation of investment, or reduction of workforce; (j) shall pay wages and salaries in accordance with relevant laws, procedures and directives to employees during the period of closure when the investor temporarily shuts down the business for a concrete reason; (k) shall pay compensation in accordance with laws to the relevant employee or his/her successor for injury, disability, disease and death due to his/her employment; (l) shall administer foreign experts, supervisors and their families, who come to Myanmar to work, in such manner so that they will abide by existing laws, orders and directives, and the customs and traditions of Myanmar; (m) shall respect and comply with existing labor laws; (n) shall have the right to sue and be sued in accordance with laws; (o) shall pay effective compensation for loss incurred, if the investor causes damage to the natural environment and causes socioeconomic losses, such as that caused by logging or extraction of natural resources, which are not related to the scope of the permitted investment, apart from carrying out the activities which are required to perform to conduct investment for which a Permit or an Endorsement has been granted. (p) Shall take the permit or endorsement of the Commission before the investments which need to take prior permission by the environmental conservation law and the procedures of analysis of environmental impact; shall report the conditions of measure and necessary analysis of environmental and social impact to the Commission along the period in which the activities of the investments taking permit or endorsement of the Commission.

72. In conducting its investment business, the investor must carry out health assessment, cultural heritage impact assessment, environmental impact assessment and social impact assessment relevant to its business sector in accordance with relevant laws.

Chapter (17) Insurance 74. The investor shall obtain all types of insurance prescribing in rules at any insurance enterprise which is entitled to carry out insurance activities within the Union.

103. The Foreign Investment Law (2012 Pyidaungsu Hluttaw Law No. 21) and the Myanmar Citizens Investment Law (2013, Pyidaungsu Hluttaw Law No. 18) are hereby repealed by this Law. Although the Foreign Investment Law is repealed, the Myanmar Investment Commission formed by that law shall have the authority to perform its functions until all its duties and responsibilities have been delegated to the Commission that will succeed under this Law. MIC Notifications MIC issued a Notification on 30 June 1994 on Protection of Environment stating that:

1. The Myanmar Investment Commission, at its meeting 8/94 held on 17 June Notification No. 1994 has resolved that all projects established with the permission of the 8/1994 Commission shall be responsible for the preservation of the environment at and around the area of the project site. The enterprises are entirely responsible that they shall be able to control pollution or air, water and land, and other environmental degradation, and that they can keep the project site environmentally friendly. 2. Consequently, it is hereby notified that treatment plant, industrial waste water treatment plant and other pollution control procedures should be promptly implemented and abide with the sanitary and hygienic rules and regulations set by the authorities concerned.

3. In the future proposals that are to be submitted to the Commission, either under the Union of Myanmar Foreign Investment Law or the Myanmar Citizens Investment Law, shall incorporate the provision in their contracts that they shall undertake proper sewage and industrial wastewater treatment systems and other environmental control systems. The system so used shall be in accordance with the rules and regulations specified by the respective development committees and local authorities.

The Republic of the Union of Myanmar, Myanmar Investment Commission in exercise of the powers conferred under paragraph 56(b) of the Foreign Investment Law, with the approval of the Government, announces the List of Prohibited Economic Activities, List of Economic Activities allowed in the form of Joint Venture with Myanmar citizens and List of Economic Activities which shall be allowed under the specific circumstances, which are stipulated in Chapter 2 of Foreign Investment Law.

Notification No 1 of 2013 released by the Myanmar Investment Commission (MIC) prohibits economic activities which may emit hazardous chemicals, minerals, rays, noise, particles etc., and may cause earth/water/air pollution Notification No. which affect public health. 1/2013 and 26/2016 The MIC also requires the conduct of a social impact assessment as a prerequisite to the exploration and production of minerals, manufacturing of iron, steel and minerals and operation in cultural heritage, archaeological and prominent geographical symbolical sites.

Since the enactment of the Myanmar Foreign Investment Law (2012) and the publication of the first related notification, Notification 1/2013, the Myanmar governmental authorities have gradually refined the list of prohibited and restricted activities for foreign investment and overall increasingly reduced the sectors subject to restrictions. Notification 26/2016 is a further progressive step in the Myanmar authorities' attempts to encourage foreign investment into Myanmar. It is hoped that the official English language version will follow soon.

The Republic of the Union of Myanmar, Myanmar Investment Commission in exercise of the powers conferred under Paragraph 56 (b) of the Foreign Investment law, with the approval of Union Government, announces the List of Economic Activities which are required Environmental Impact Assessment. They are as follows ; Notification No. 50/2014 1. All activities for mining and mineral processing 2. Exploration and production of oil and gas , establishment of oil refinery or petrochemical plants 3. Construction of large scale irrigation, high dams and embankment 4. Hydropower project and other heavy electricity generation, Construction of electric power transmission line 5. Construction of Oil and Gas pipeline project 6. Construction of large scale river crossing bridges, fly-over bridges , highway , subway, ports ,shipyards, airports and runway , large scale drainage system, large scale motor vehicle manufacturing and assembling industries 7 Manufacturing of pharmaceuticals, chemicals and pesticide 8. Manufacturing of Battery 9. Lagre scale pulp and paper production 10. Large scale textile industry, dying facilities and garment 11. Production of iron, steel and minerals 12. Production of cement 13. Production of liquor, beer and spirit 14. Production of petrochemicals such as petroleum, engine oils, fertilizer, wax and varnish 15. Large scale foodstuff industry including sugar factory 16. Production of leather and rubber products 17. Large scale culture of fresh water and marine fish I prawns 18. Large scale wood based industry 19 Development of large scale housing project and Industrial Zone 20 Construction of large scale hotels, recreation places and resorts 21 Operation in cultural heritage, archeological and prominent geographical symbolical sites. 22 Operation in Wetlands 23 Operation in ecological fragile areas 24 Operation in National Parks, wild life sanctuaries and protected areas 25 Operation in wilderness areas containing rare or endangered species of flora or fauna and their habitat 26 Operation in areas prone to natural disaster such as Rakhine State, Ayeyarwaddy Delta 27 Operation in the vicinities of main resources for public drinking water, lakes and reservoirs 28 Operation in resort areas and areas closed to oyster fishing and pearl farms areas 29 Cultivation and production of crops at large scale 30 Large scale forest and industrial crop plantation

Chapter II - Economic Enterprises to be carried out Solely by the State-Owned Government Economic Section 3. The Government has the sole right to carry out the following Enterprises Law economic enterprises as State- owned economic enterprises:- (1989) Amended in 1997 1. Extraction of teak and sale of the same in the country and abroad; 2. Cultivation and conservation of forest plantation with the exception of village-owned fire-wood plantation cultivated by the villagers for their personal use; 3. Exploration, extraction and sale of petroleum and natural gas and production of products of the same; 4. Exploration and extraction of pearl ,jade and precious stones and export of the same; 5. Breeding and production of fish and prawn in fisheries which have been reserved for research by the Government ; 6. Postal and Telecommunications Service; 7. Air Transport Service and Railway Transport Service; 8. Banking Service and Insurance Service; 9. Broadcasting Service and Television Service; 10.Exploration and extraction of metals and export of the same; 11. Electricity Generating Services other than those permitted by law to private and co-operative electricity generating services; 12.Manufacture of products relating to security and defence which the Government has, from time to time, prescribed by notification.

Section 4. The Government may, by notification, permit in the interest of the Union of Myanmar any economic enterprise which is prescribed under Section 3 to be operated solely by the Government to be carried out by joint-venture between the Government and any other person or any other economic organization or under conditions by any person or any economic organization subject to conditions. Section 5. The Government may ,by notification , prohibit or prescribe conditions regarding the purchase , procurement ,improvement , storage , possession ,transport, sale and transfer of products derived from or produced by or used by economic enterprises which are prescribed under Section 3 to be carried out solely by the Government.

Chapter III - Right of carrying out other Economic Enterprises Section 6. Any person shall have the right to carry out any economic enterprise other than those prescribed under Section 3 to be carried out solely by the Government.

Section 7. Without prejudice to the provision of Section 6, the Government may, in addition to those economic enterprises which are prescribed under Section 3 to be carried out solely by the Government, also carry out any other economic enterprise if it is considered necessary in the interest of the Union of Myanmar.

Chapter V Offences and Penalties 1. Whoever is convicted of an offence of carrying out, without the permission of the Government, any economic enterprise prescribed under Section 3 to be carried out solely by the Government shall be punished with imprisonment for a term which may extend to a period of 5 years and may also be liable to a fine. Furthermore, property both moveable and immoveable relating to the economic enterprise may be confiscated 2. Whoever is convicted of an offence of violating an order or any condition notified under section 4 or section 5 shall be punished with imprisonment for a term which may extend to a period of 3 years and may also be liable to a fine. Biodiversity The Burma Forest Act 1902, with amendment made from time to time, had been in use up till the new forest legislation, Forest law 1992, was promulgated by the State Law and Order Restoration Council in November 1992. The new forest law, in line with the Myanmar Forest Policy, focuses on the balanced approach towards conservation and development issues implicit in the concept of sustainable forestry. It decentralizes the management and opens up opportunities for increased private sector involvement in timber trade. Highlighting environmental and biodiversity conservation, the law encourages community forestry and people's participation in forest management to meet the basic needs of the rural people, but prescribes severe punishments for forest offences. In addition, the MOF has promulgated the Forest Rules in 1995.

Provisions to conserve water, soil, biological diversity and the environment; sustain forest produce yields; protect forest cover; establish forest and village firewood plantations; sustainably extract and transport forest products

Chapter II - Basic Principles Section 3. This Law shall be implemented in accordance with the following The Forest Law basic principles: - (No. 08/1992) (a) to implement the forestry policy of the Government; (b) to implement the environmental conservation policy of the Government; (c) to promote the sector of public co-operation in implementing the forestry policy and the environmental conservation policy of the Government; (d) to develop the economy of the State, to contribute towards the food, clothing and shelter needs of the public and for perpetual enjoyment of benefits by conservation and protection of forests; (e) to carry out in accordance with international agreements relating to conservation of forests and conservation of environment; (f) to prevent the dangers of destruction of forest and bio-diversity, outbreak of fires, infestation of insects and occurrence of plant disease; (g) to carry out simultaneously conservation of natural forests and establishment of forest plantations; (h) to contribute towards the fuel requirement of the country.

Chapter XIII Miscellaneous Section 55. The reserved forests existing under the Forest Act, 1902 shall be deemed to be reserved forests constituted under this Law. Section 58. The Forest Act, 1902 is hereby repealed. The Protection of Provisions on the protection of fauna and flora and their habitat (including Wild Life and Wild living and non-living organisms, migratory and endangered species); the Plants and Conser- conservation of natural areas; guidelines for scientific research; and the vation of Natural establishment of zoological and botanical gardens Areas Law, No. 6/1994 and Rules on Protection of Section 3 Wildlife and Pro- tected Area Con- The objectives of this Law are as follows: servation Law · To implement the policy of the Government of protecting wild life and wild (2002) plants; · To implement the policy of the Government of conserving natural areas; · To carry out, in accordance with International Conventions adopted by the State, in respect of the preservation of wild life and wild plants, living and non-living organisms and migratory birds; · To protect wild life and wild plants in danger of extinction and the habitats thereof; · To contribute towards works of natural scientific research; and · To protect wild life and wild plants by the establishment of Zoological gardens and botanical gardens.

The Protection of Wildlife and Protected Areas Rule 2002 provide provide the sustainability of ecosystems, habitats and biodiversity Health Sector Provisions to promote and safeguard public health including measures and prohibitions regarding environmental health

The Union of Section 9 of this law empowers the Government to carry out measures Myanmar Public relating to environmental health, such as garbage disposal, use of water for Health Law, 1972 drinking and other purposes, radioactivity, protection of air from pollution, sanitation works and food and drug safety. However, detailed provisions do not exist to ensure more effective and comprehensive regulation of these areas. Chapter V - Private Health Care Services Section 7. The private health care services are as follows: (a) private clinic service: (1) private general clinic service; (2) private specialist clinic service;

Private Health Care (b) private hospital service: Law, 2007 (1) private general hospital service; (2) private specialist hospital service; (c) private maternity home service; (d) private diagnostic service: (e) private nursing home service; (f) private mobile health care service; (g) private health care agency; (h) private general health care service.

Chapter VII - Characteristics of the Private Clinic Section 9. The private clinic shall be in conformity with the following characteristics: (a) being a building or room having suitable area; (b) providing treatment only to out-patient, having no permission to admit in- patient; (c) having arrangement to keep the interior and exterior of the clinic clean and tidy in conformity with health; (d) having patient referral system; (e) maintaining the systematic medical record; (f) carrying out for not affecting the environment, non-dissemination of infectious disease and systematic disposal of wastes according to the stipulated standard; (g) having arrangement for obtaining safe drinking water and water for domestic use sufficiently; (h) constructing a systematic water supply and sewerage system; (i) providing health care services by stipulated health care service providers; (j) carrying out other requirements stipulated by the Central Body from time to time.

Chapter IX - Prior Permission for Private Health Care Services Section 11. A person desirous of constructing a new building or renovating the existing building for establishing any private health care services other than private mobile health care service and private health care agency shall, to obtain prior permission, apply to the relevant Township Supervisory Committee together with the recommendation of the relevant development committee or development body in accordance with the stipulations mentioning the following facts: (a) the health care service to be established; (b) location, area and address of the service to be established; (c) land and buildings surrounding the location; (d) constitution of building and rooms; (e) health care programme; f) other requirements stipulated by the Central Body from time to time.

Chapter XII - Duties and Obligations of Person-in-Charge and Health Care Service Provider Section 25. The duties and obligations of the person-in-charge and health care service provider are as follows: (a) (b) complying in accordance with the notifications, orders and directives issued by the Central Body, the Ministry of Health and Department of Health; (c) complying in accordance with the existing laws, rules, notifications, orders and directives relating to health; (d) complying with and exercising the modern and developed medical technology and methods in accordance with the directives issued by the Central Body; (e) complying in accordance with the directives relating to the highly infectious disease and criminal cases stipulated by the Ministry of Health, from time to time; (f) if necessary, referring in time to the relevant specialist, department and hospital aiming for the benefit of the patient; (g) providing life-saving treatment to any emergency patient and making referral if necessary; (h) providing high quality service to the public at fair service charge; (i) complying with the directives of the Private Health Care Quality Control and Promotion Body and the different levels of supervisory committee; (j) laying down plans to be able to appease the dissatisfaction of health care user; (k) forming the administrative sub-body, the sub-body for quality control and promotion and other necessary sub-bodies as may be required according to the size and type of hospital;

official request of the relevant government department and organization; (m) obtaining permission of the Ministry of Health, if it is required to do research by making use of patients; (n) paying stipulated taxes and revenues regularly . (o) avoiding from performing any other services without permission or licence, in carrying out private health care services permitted under the relevant licence. Chapter (2) Section (3), Section (4- This sections cover how a,b,c) , Section (5-a,b) to manage emergency Section (6-a,b,c), response for accidents Section (8-a,b) Section during the project Emergency Patient (9-a,b,c,d,e) Section activities. Care Law - No. (10) 53/2014 Chapter (3) Section (11) Penalties issue Chapter (4) Section (12), (14) General Information to protect laws regulations and penalties The Prevention and Provisions to prevent the outbreak of communicable diseases; regulate Control for environmental sanitation; and measures in the event of a disease epidemic Communicable Diseases Law (No. 01/1995) (Revised Section 8 in No. 16/2011) Aim: For the prevention and control of Communicable Disease. Under the supervision and guidance of the Health Officer of the relevant area, undertake the responsibility of carrying out the following environmental sanitation measures:- (a) in-door, out-door sanitation or inside the fence outside the fence sanitation; (b) well, ponds and drainage sanitation; (c) proper disposal of refuse and destruction thereof by fire; (d) construction and use of san1tary latrines; and (e) other necessary environmental sanitation measures. Chapter IV - Non-Smoking Areas

Section 6. The following compounds, buildings, rooms and places are non- smoking areas: (a) hospital buildings, offices, compounds and other buildings in the compound except staff houses and apartments in the hospital compound; (b) medical treatment centres and clinics; (c) stadium and indoor playing fields; (d) children drill sheds and playgrounds; (e) teaching buildings, classrooms, offices, compounds and other buildings in the compound except staff houses and apartments in the school compound; (f) teaching buildings of universities, degree colleges, colleges and institutes, classrooms and offices; (g) opera houses, cinema halls, video halls and other buildings of The Control of entertainment; Smoking and (h) marts, department stores, stores and market sheds; Consumption of Tobacco Product (i) museums, archives, public libraries and reading rooms; Law (No. 05/2006) (j) elevators and escalators; (k) motor vehicles and aircrafts for passenger transport; (l) air-conditioned public rooms; (m) public auditoriums; (n) teaching buildings and classrooms of private tuition classes and training schools; (o) other public compounds, buildings and places prescribed through notification by the Ministry of Health.

Section 7. Places to which the public have access in the following buildings, vehicles and crafts are non- smoking areas except the private offices and rooms. However, specific places where smoking is allowed, shall be arranged in such areas: (a) buildings of offices and departments; (b) buildings of factories and workshops; (c) buildings of hotels, motels, guest houses and lodging houses; (d) buildings of railway stations, airports, ports and highway bus terminals; (e) restaurants; (f) trains and vessels for passenger transport: (g) other public buildings, rooms and places prescribed through notification by the Ministry of Health.

Chapter VI - Functions and Duties of Person-in-charge Section 9. The person-in-charge shall: (a) keep the caption and mark referring that it is a non-smoking area at the place mentioned in section 6 in accordance with the stipulations. (b) arrange the specific place where smoking is allowed as mentioned in section 7, and keep the caption and mark also referring that it is a specific place where smoking is allowed, in accordance with the stipulations. (c) supervise and carry out measures so that no one shall smoke at the non- smoking area. (d) accept the inspection when the supervisory body comes to the place for which he is responsible. Chapter VII Actions taken by Administrative Means

Section 10. The person-in-charge of any university, degree college, college, institute, school, private tuition class and training school may pass any of the following orders on a person who smokes or holds lighted cigar at the place mentioned in sub-sections (e), (f) and (n) of section 6: (a) educating, warning and informing the parents or guardian for the first offence; (b) taking action in accordance with the rules and regulations prescribed by the relevant ministry in cordination with the Central Board, for subsequent offences. Industrial Sector Provisions to supervise the waste output from oil and natural gas exploration

3. The President of the Union may, by notification, declare any area to be a notified oil-field for the purposes of this Act and may define the limits of such area. The Oilfields Act, 1918 and The Law Amending Oilfields 4. (1) the Minister for the Ministry of Energy may, by notification, define the Act (34/2010) jurisdiction of t (2) It shall be the duty of a Managing Director of the Myanmar Oil and Gas Enterprise to regulate within his jurisdiction all operations for the winning of oil and gas with a view to preventing waste of oil and gas and damage to accumulations of oil and gas by the infiltration of water or other causes. (3) The Minister for the Ministry of Energy may, by notification, appoint General Manager assigned for the relevant notified oilfield to assist the Managing Director of the Myanmar Oil and Gas Enterprise in performing his duties and exercising his power within his jurisdiction.

13. (1)The President of the Union may make rules for regulating all matters connected with or subsidiary to any operations for the winning of oil 1 or gas or both. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may- and Gas Enterprise; (b) direct that any of the powers or duties assigned by this Act or any rule thereunder to the President of the Union shall be exercised or performed, subject to such conditions as may be imposed, by the the Minister, the Ministry of Energy or the Managing Director of the Myanma Oil and Gas Enterprise; (c) provide for the appointment by operators of responsible local representatives and officers and for the duties to be carried out by such representatives and officers ; (d) provide for the maintenance by operators of records of all matters relating to the drilling, re-drilling, deepening, shutting down, plugging or abandoning of all wells and for the inspection of such records, and for the supply of copies or abstracts of such records to the Managing Director of the Myanma Oil and Gas Enterprise; (e) prescribe the maintenance by operators of records relating to the production of oil, gas or water from all wells and for the inspection of such records or the supply of copies or abstracts of such records to the Managing Director of the Myanma Oil and Gas Enterprise; (f) prescribe the submission by operators of records, reports and statistics relating to any other technical matter connected with or subsidiary to any operations for the winning of oil or gas or both, or the provision of facilities for the inspection of such records by the Managing Director of the Myanma Oil and Gas Enterprise or his representative at the offices of operators; (g) provide for the prevention of waste of oil or gas and also the prevention of environmental pollution by petroleum operations;'' (h) provide for the detection of the presence of water in wells and for the prevention of the influx of water into oil and gas sands; (i) for the purpose of preventing waste of oil or gas or damage to oil or gas sands by water or other causes, provide for the regulation of the drilling, re- drilling, deepening, shutting down, plugging and abandoning of wells and for the limitation or prohibition of such operations and for the taking of remedial measures; (j) for the purposes of preventing waste of oil or gas or damage to oil and gas sands by water or other causes, provide for the regulation of the methods of producing oil or gas and for the limitation or prohibition of such methods and for the taking of remedial measures; (k) provide for measurement of oil and gas for the assessment of royalty or of any tax: (l) provide for the conveyance of oil and gas to the place of measurement: (m) provide for the prevention of the removal of oil or gas without measurement; (n) provide for the recovery of any royalty or tax ; (o) regulate the rights of ingress or egress to and from any well- sites, and the right to transport materials, tools or machinery or to lay pipes or wires above or below ground across any well-sites ; (p) regulate or prohibit all access to any area in which operations for the winning or subsidiary to the winning of oil or gas or both , are carried on ; (q) provide that no article or no specified class of article shall be removed from any area in which operations for the winning of oil or gas or both or subsidiary thereto are carried on without a pass in the prescribed form; (r) provide for the issue, production and surrender of such passes ; (s) prescribe the manner in which the operator operating the contract area shall demarcate such area and provide for the preservation of the demarcation -dug wells shall be protected; (u) provide for the reporting of fires, accidents and other occurrences ; (v) prescribe the precautions which operators and their employees shall take so as not to interfere with neighboring operators or their employees or with lines of communication ; (w) regulate or prohibit the use of naked lights and of lamps other than those of a prescribed description or pattern; (x) regulate or prohibit smoking and the use or possession of matches; (y) regulate or prohibit the use of forges and open fires; (z) regulate or prohibit all or any kind of work by night; (aa) regulate or prohibit the use of steam-boilers; (bb) provide for the institution and regulation of fire-brigades, voluntary or otherwise; (cc) prescribe and regulate the use of lightning conductors; (dd) prescribe the use of fire-extinguishing apparatus; (ee) prescribe the procedure to be adopted when a fire breaks out; (ff) provide for the compulsory cessation or limitation of operations of any kind in order to prevent or limit the spread of fires; (gg) provide for the construction of gate-valves or stop-cocks on flowing wells and their closure on an alarm of fire being given; (hh) provide for the maintenance of fire-lines ; (ii) regulate the collection and disposal of oil and gas ; (jj) regulate or prohibit the use of oil-tanks; (kk) regulate the position of pipes for the conveyance of oil and provide for the laying of such pipes underground where necessary; (ll) prescribe the method of dealing with flowing wells; (mm) provide for the prohibition within or removal from any area of any construction which might in the opinion of the Managing Director of the Myanma Oil and Gas Enterprise cause danger or inconvenience; (nn) regulate the construction of any rig, derrick, engine- house or similar construction; (oo) regulate the use of engines and machinery; (pp) prescribe the use of guards on machinery; (qq) prescribe the provision and use of safety belts or appliances; (rr) prescribe the provision and use of safety appliances in connection with the descent of persons in hand-dug wells; (ss) prescribe the cases in which, the authorities to whom, and the limitations as to time and other conditions subject to which, an appeal shall lie from an order passed by the Managing Director of the Myanma Oil and Gas Enterprise or by an General Manager assigned for the relevant notified oilfield under this Act The Petroleum Act, 1934 and Provisions to regulate production, storage, and transport of oil so as not to Petroleum Rules cause pollution or the outbreak of fires (1937) The 1951 Oilfields (Labour & Welfare) Act prescribes a wide range of protection measures for O&G workers, covering health, safety and worker The Oilfield welfare issues. It also covers working hours, holidays and extensive (Workers and prescriptions on employing children as well as setting up an inspection service, Welfare) Act, 1951 complemented by a range of penalties but it is unclear whether there has been inspection and enforcement of these basic provisions. Provisions for the proper disposal of waste and effluents in factories; treatment of waste water; regulations for health and cleanliness in factories, and the prevention of hazards

Section 23: Fencing of Machinery (1) In every factory the following shall be securely fenced by safe-guards of The Factories Act, substantial construction which shall be constantly maintained and kept in 1951 Amended by position while the machinery is in operation:- law No 12/2016

Section 30: Hoists and Lifts Law Amending the 1951 Factories Act (1) Every hoist or lift shall be of good mechanical construction, sound material -Pyidaungsu and strength and shall be properly maintained. Hluttaw Law No. 12/2016 (2) Every hoist or lift shall be thoroughly examined by an authorised examiner at least once in every period of six months and a register shall be kept containing the prescribed particulars for every such examination. (3) Every hoistway or liftway shall be sufficiently protected by an enclosure fitted with gates. The hoist or lift and every such enclosure shall be so constructed as to prevent any person or thing from being trapped between any part of the hoist or lift and any fixed structure or moving part. (4) The maximum safe working load shall be clearly marked on every hoist or lift and no load greater than that shall be carried thereon. (5) The cage of every hoist and lift used for carrying persons shall be fitted with a gate on each side which provides access to a landing.

Section 32: Revolving Machinery (1) In every factory in which the process of grinding and abrading is carried on there shall be permanently affixed to or placed near each machine in use a notice indicating the maximum safe working peripheral speed of every grinding of abrading wheel. The speed of the shaft or spindle upon which the wheel is mounted, and the diameter of the pulley necessary to secure such safe working peripheral speed. (2) The speeds indicated in notice under sub section (1) shall not be exceeded. (3) Effective measures shall be taken in the factory to ensure that the safe working peripheral speed of every revolving vessel, cage, basket fly wheel, pulley, discs or similar appliance driven by power is not exceeded.

Section 33 (1): Pressure Plant (1) If in any factory, any part of the machinery or plant used in a manufacturing process is operated at a pressure above atmospheric pressure, effective measures shall be taken to ensure that safe working pressure of such parts is not exceeded. (2) The President may make rules providing for the examination and testing of any plant or machinery refer to in sub section (1) and prescribing such other safety measures in relation thereto as may in his opinion be necessary in any factory or class of factories. Section 35: Heavy Lifting (1) No woman adolescent or child shall be employed in any factory to lid or carry or move any load so heavy as to be likely to cause injury. (2) The President may make rules prescribing the maximum weights that may be lifted, carried or moved ordinarily by persons employed in factories or in any class or description of factories or in carrying on specified process.

Section 37: Protection of Eyes In respect of any such manufacturing process carried on in any factory as may be prescribed, being a process which involves- (a) risks of injury to the eyes from particles or fragments thrown off in the course (b) of the process; or (c) risk to the eyes of exposure to excessive light, the President may make rules that require that effective screens or suitable goggles shall provide for the protection of persons employed on, or in the immediate vicinity of the process. Section 37: Protection from Fumes (1) In any factory no person shall enter or be permitted to enter any chamber, tank, vat, pit, pipe, flue or other confined space in which dangerous fumes are liable to be present to such an extent as to asphyxiate persons, unless it is provided with a man-hole of adequate size, or other effective means of egress. (2) No portable electric light of voltage exceeding 24 volts shall be permitted in any factory for use inside any confined space referred to in sub-section (1), and where the dangerous fumes present are likely to be inflammable, no lamp or light other than that of flame-proof construction shall be permitted to be used in such confined space. (3) No person in any factory shall enter or be permitted to enter any such confined space referred to in sub-section (1) unless all possible measures have been taken to remove any fumes which may be present and to prevent any ingress of fumes and unless either, (a) a certificate in writing has been given by an authorised examiner, based on a test carried out by himself, that the space is free from dangerous fumes and fit for persons to enter; or (b) the person entering is wearing a suitable breathing apparatus and a belt securely attached to a rope the free end of which is held by a person standing outside the confined space. (4) In every factory suitable breathing apparatus, reviving apparatus and belts and ropes shall be kept ready for immediate use in the vicinity of any such confined space which any person has entered. All such apparatus shall be examined at regular intervals and certified by an authorised examiner to be fit for use; and a sufficient number of the persons from amongst the employed in every factory shall be trained in the use of all such apparatus and in artificial respiration. (5) In any factory no person shall be permitted to enter any boiler, boiler furnace, boiler flue, chamber, tank, vat, pipe, or other confined space for the purpose of working or making any of examination therein until it has been sufficiently cooled by ventilation or otherwise so as to be safe for persons to enter. (6) The President may make rules prescribing the minimum dimensions of the manholes referred to in sub-section (1), and may by order in writing exempt or subject to such conditions as he may think fit, any factory or class or description of factories from compliance with any of the provisions of this section. Section 39: Explosive or Inflammable Dust, Fume, Etc. (1) Where in any factory any manufacturing process produces dust, fume or vapour of such nature and to such an extent as to be liable to explode on ignition. All possible measures shall be taken to prevent any such explosion by - (a) effective enclosure of the plant or machinery used in the manufacturing process; (b) removal or prevention of accumulation of dust, fume or vapour; (c) isolation or effective enclosure of all possible sources of ignition (2) Where in any factory the plant or machinery used in a process referred to in sub-section (1) is not so constructed as to withstand the force of such an explosion, all possible measures shall be taken to prevent the spread of the explosion and to minimize the damage caused thereby, by providing chokes, baffles, vents or other effective appliances in the plant or machine. (3) Where in any factory any part of a plant or machinery that contains any explosive or inflammable fumes and vapour under pressure greater than atmospheric pressure, such part shall not be opened except in accordance with the following provisions, namely:- a) before the fastening of any joint of any pipe connected with such part is loosened, any flow of gas or vapour into the part or into any such pipe shall be effectively stopped by a stop-valve or other means; b) before any such fastening of any joint or any pipe or the firmly fastened cover is removed, all measures shall be taken to reduce the pressure of the fume or vapour in the part or pipe to atmospheric pressure; c) where any such fastening has been loosened or removed effective measures shall be taken to prevent any explosive or inflammable fume or vapour from escaping from the pipe plant or parts of machinery until such cover or joint has been firmly re-fastened or firmly refixed. (4) No plant, tank or vessel which contains, or has contained any explosive or inflammable substance, shall be subjected in any factory to any welding, brazing, soldering or cutting operation involving the application of heat, unless adequate measures have been taken to remove such substance and fumes arising therefrom, or to render such substance and fumes non- explosive or non-flammable, and unless a certificate in writing has been given by a competent examiner after a test carried out by himself that the plant, tank, or vessel is free from explosive or flammable vapour. No such substance shall be allowed to enter such plant, tank or vessel after any such operation, until the metal has cooled sufficiently to prevent any risk of igniting the substance.

Section 40: Arrangements to be Made in Case of Fire (1) Every factory shall be provided with such means of escape in case of fire as may be prescribed, and if it appears to the Inspector that any factory is not so provided, he may serve on the manager of the factory an order in writing specifying the arrangements which, in his opinion, should be carried out to bring the factory into conformity with the provisions of this section and any rules made thereunder, and requiring them to be carried out before a date specified in the order.(2) In every factory the doors affording egress from any room shall not be locked or fastened so that they cannot be easily and immediately opened from the inside while any person is within the room, and all such doors, unless they are of the sliding type, shall be constructed to open outwards. (3) In every factory, every window, door or other exit affording a means of escape in case of fire, other than the means of exit in ordinary use, shall be distinctively marked in a language understood by the majority of workers and in red letters or by some other effective and clearly understood sign. (4) In every factory there shall be installed apparatus to give warning in case of fire clearly audible to every person employed in the factory. (5) A passage - way giving access to such means of escape in case of fire shall be kept clear for the use of all workers in every room of the factory. (6) Effective measures shall be taken to ensure that in every factory- (a) where more than twenty workers are ordinarily employed in any place on the lowest floor, or (b) where explosive or highly flammable materials are stored or used, all the workers are familiar with the means of escape in case of fire and have been adequately trained in the procedure to be followed in such casee Provisions to avoid environmental pollution

Chapter II Basic Principles Section 3. Private Industrial Enterprises shall be conducted in accordance with the following basic principles:- (a) to enhance the higher proportion of the manufacturing value added in the gross national product and value of services, and to increase the production of the respective economic enterprises which are related to the industrial enterprise; (b) to acquire modem technical know-how for raising the efficiency of industrial enterprises and to establish the sale of finished goods produced by the industrial enterprise not only in the local market, but also in the foreign market; (c) to cause utilization by relying mainly as local natural resources; (d) to cause narrowing down of the gap between rural development and urban development by causing the development and improvement of industrial enterprises; (e) to cause opening up of more employment opportunities; (f) to cause avoidance of or reduction of the use of technical know-how which The Private cause environmental pollution; Industrial Enterprise Law, (g) to cause the use of energy in the most economical manner. 1990

Chapter III Registration of Private Industrial Enterprises Section 4. (a) Any person desirous of conducting any private industrial enterprise; (b) Any person conducting any private industrial enterprise on the day this Law is enacted; by using any type of power which is three horsepower and above or manpower of ten wage- earning workers and above shall register under this Law. Section 5. In applying for registration under Section 4, application shall be submitted to the respective State or Divisional Officer-in-charge in the prescribed manner. Section 6. On application for registration being made under Section 5, the respective State or Divisional Officer-in-charge may, after making necessary scrutiny and inspection grant or refuse to grant registration in accordance with the prescribed manner.

Chapter VI Duties and Rights of the Entrepreneur Section 13. The duties of the entrepreneur are as follows:- (a) shall pay the registration fees, fees for the renewal of registration and other payable duties and taxes prescribed by the Directorate; (b) shall abide by the terms and conditions of the registration certificate; (c) shall conduct the enterprise by opening an account with the relevant bank in the name of its registered enterprise; (d) shall maintain systematically and fully as prescribed by the Directorate, the statement of accounts relating to the registered private industrial enterprise and shall submit the same to the relevant Government department, organization or Supervisory Body when required to do so; (e) shall submit to the inspection of the person or inspection body assigned by the Directorate or Supervisory Body; (I) shall shift the place of enterprise, change the nature of enterprise, amalgamate enterprises and split up enterprises only with the approval of the Directorate; (g) shall abide by the orders and directives issued from time to time by the Ministry and the Directorate; (h) shall also abide by the existing laws.

Section 14. The entrepreneur has the right to apply for the following requirements from the relevant Government departments and Government organizations:- (a) land, water, power, communication and transport et cetera required for use in his enterprise; (b) exemptions and reliefs from taxes;

(d) raw materials, machinery and spare parts required locally and from abroad for his enterprise; (e) local and foreign technical know - how for enhanced production goods and for improvement in the quality of finished goods.

Section 15. The entrepreneur has the right to carry out the followings: (a) appointing foreign exports and technicians with the approval of the Ministry; (b) carrying out change of the name of enterprise, transfer of ownership, temporary suspension or permanent closing down of the enterprise in the manner prescribed and with the approval of the Directorate.

Chapter XII Prohibitions Section 26. No one shall conduct a private industrial enterprise contained in section ~. without obtaining registration under this Law. Section 27. An entrepreneur: (a) in distributing and selling the goods he has produced shall not sell without a trade mark; (b) shall not violate any provision of section 13; (c) shall not fail to comply with any order or decision passed by the Minister and the Director General

The Prevention of Hazard from Chemicals and Related Substances Law was enacted on 26th August 2013. The objectives of this Law include: protecting natural resources from decrease and loss, and safeguarding living things from endangerment caused by chemical and chemical related substances; and systematically controlling safety in carrying out approved chemical and associated materials businesses. The Law requires continuous development of worksite safety, health and environmental conservation.

The Prevention of Hazard from Chemicals and Related Substances Law (2013) defines Chemical as: imposing danger to the health or life of man or animal or chemical element, chemical compound and chemical mixture which cause bad consequences to the environment naturally or appearing after created by man. This definition includes the vapour, liquid, waste materials of oily and solid which act chemically and technically.

Chapter VII. Licence Permitted for the Chemical and Related Substances Businesses

Section 13. A person who wants to operate the chemical and related substances business shall apply to obtain a licence together with the management working plan relating to the environmental conservation to the The Prevention of Central Supervisory Board in accordance with the stipulations. Hazard from chemical and Related Substance Section 15. A person who has obtained a licence, before starting the Law (2013) respective chemical and related substances business:- (a) shall be inspected for the safety and the power of resistance of the machinery and equipment by the respective Supervisory Board and Board of Inspection; (b) shall be attended the person who serve in the work to the respective foreign trainings or the trainings and the expert trainings on prevention of hazard from the chemical and related substances opened by the government department and the government organizations.

Section 16. A person who has obtained a licence:- (a) shall abide the licence regulations; (b) shall perform to abide strictly the instructions for being safety in using the chemical and related substances by himself and also the persons who serve the work; (c) shall keep the required safety equipment enough in the chemical and related substances businesses, furthermore shall grant the personal protection equipment and dresses free of charge to the working persons; (d) shall make the course of training and study and instruction if necessary to the working persons for using the occupational safety equipment, the personal protection equipment and the dresses systematically in the chemical and related substances business; (e) shall be inspected by the respective Supervisory Board and Boards of Inspection in respect of whether or not the hazard may impact on the Human Being and Animals' health and the environment; (f) shall make medical check up the working persons who will work in the chemical and related substances business and shall permit to serve in that work after obtaining the recommendation that his health is suitable for that work. This medical check up records shall be kept systematically; (g) shall send the copy of informative letter of the permission to the respective Department of Township Administration, if the hazardous chemical or related substances are permitted to store; (h) shall acquire in advance the guidance and agreement of the respective Department of Fire Brigade, if the business that is worried to fire hazard is operated by using the fire hazard substances or the explosive substances; (i) shall transport only the permitted amount of the chemical and related substances in accordance with the prescriptive stipulations, if they are transported in local; (j) shall take the permission from the Central Supervisory Board if the chemical and related substance is altered and transferred from one place to any other place which contained in the license; (k) shall abide and perform in accordance with the related environmental laws not to impact and damage to the environment in operating the chemical and related substances business.

Section 17. A person who has obtained a licence, shall put the insurance in accordance with the prescriptive stipulations to be able to pay the compensation, if the impact and damage is occurred on the Human Being and Animals or the environment in respect of the chemical and related substances businesses.

Section 18. A person who has obtained a licence, shall apply to extend the duration of licence, (30) days in advance before the date of expiry to the Central Supervisory Board in accordance with the stipulations.

Section 19. The Central Supervisory Board may permit or refuse to extend the duration of the licence of the application according to section 18, after scrutinizing in accordance with the stipulations.

Chapter VIII Registration Certificate

Section 26 indicates that the central supervising body shall prohibit the license holder from undertaking chemical and associated materials business if it knows that the permitted chemical and the associated materials are prone to danger for man, animals and the environment, in accord with the particulars received locally and abroad. If necessary, the registered certificate shall be repealed.

Chapter IX Hazard Control and Decrease

Section 27. A person who has obtained the licence to be complied the following matters to control and decrease the hazard of the chemical and related substances:- (a) classifying the hazard level to protect in advance the hazard according to the properties of the chemical and related substances; (b) expressing the Material Safety Data Sheet and Pictogram; (c) providing the safety equipments, the personal protection equipments to protect and decrease the accident and attending to the training to be used systematically; (d) performing in accordance with the stipulations in respect of transporting, possessing, storing, using, discharging the chemical and related substances; (e) not being imported or exported the chemical and related substances banned by the Central Supervisory Board and the machinery and equipments which are used them.

Chapter XII Prohibition Section 33. No one shall produce, treat and formulate, use, possess, store, distribute, sell, transport, import or export the chemical or related substances prohibited by the Central Leading Board. Section 34. No one shall operate the chemical and related substances business without licence. Section 35. No one shall use the chemical or the related substances which are unregistered or annulled from the registered list or not met to the quality and norm in the chemical and related substance business. Section 36. No one shall restrict or disturb the inspecting of the Central Supervisory Board, the Supervisory Board and the Boards of Inspection in respect of the chemical and related substances business. Chapter (2) Section (3-d,e,g) It is covered in the issue of Environmental Conservations, natural resources and law to protect not standardized products and technology improvement issue in Standardization Country Law (2014) Chapter (5) Section (9), (10), (11), It is step of how to (12), (14a, 14b), (16a, apply to get the 16b) standardized certificate to authorized from the Government Department Chapter (6) Section (17) (18), Applying the issue of Quality/Standardized assurance Chapter (7) Section (19- a, b, c), Authorized issue by the Section (20-a,b,c) committee Chapter (8) Section (21), (22), (23) How to do the Appeal issue Chapter (9) Section (24), (25), (26) Crime, Penalties and Punishment Chapter (11) Section (29), (30-a,b), General Information to (31), (32-a,b,c) protect laws regulations and penalties Order relating to the usage and handling of substances that deplete the ozone Notification No. layer. 37/2014 for usage and handling of substances that Paragraph 3 of this Order indicates that any individual or organization who deplete the ozone intends to import or export ozone-depleting substances or products and/or layer which are used by ozone-depleting substances must apply to the Ministry of Environmental Conservation and Forestry. Chapter IV Prohibitions 5. No person shall export or import restricted, prohibited and banned goods. Import and Export 6. Without obtaining license, no person shall export or import the specified Law (2012); goods which is to obtain permission. 7. A person who obtained any license shall not violate the conditions contained in the license. Chapter 11 Administrative Action Section 34. If, whoever has received a registration certificate, is found to have breached any rules contained in the registration certificate or violated any prohibition contained in a rule, order or directive enacted under this law or in any stipulation of this law, the executive committee may take the following administrative actions (a) giving a warning; (b) assessing a suitable fine; (c) suspending the registration certificate; (d) cancelling the registration certificate. Myanmar Engineering Council Law Chapter 13 Prohibitions and Penalties (2013);

Section 37. No one shall perform any engineering work and technological work which are specified as being dangerous to the public by a rule enacted under this law without having received a registration certificate issued by the council, except for engineers appointed in a government department or an organization in the performance of their duties.

Section 38. No engineer, graduate technologist and technician shall use, together with his name, a title which is not compatible with his status. Section 39. No registered engineer, graduate technologist and technician (a) shall transfer his registration certificate to anyone or allow it to be used by anyone; (b) shall fail to return his registration certificate to the council within 30 days from the day on which a decision is passed, or an administrative action is taken, under this law to cancel the registration certificate. The Petroleum Resources (De- velopment Regulation) Act, 1957 amended by These laws are mostly based upon British Law Codes of the pre-independence the Law Indian statutes. However, the terms and conditions of Production Sharing Amending the Contract (PSCs) largely govern E&P operations. Petroleum Re- sources (De- velopment A new petroleum law has been drafted and is under review by the Attorney Regulation) Act, 1969 and The Myanmar Petroleum Con- cession Rules, 1962. Transportation Sector The Union Parliament has enacted this law. (49) No one shall do the following in public places: (a) Driving above the speed limit or below the minimum speed. (b) Driving a dangerous motor vehicle. (c) Driving a motor vehicle under the influence of of drugs and intoxicants or alcohol. (54) No one shall do the following: (c) Driving a motor vehicle loaded above the loading capacity. (f) Driving a motor vehicle in violation of any provisions of the by-laws related to the pedestrian crossing. The Motor Vehicle Law No. 55/15 (g) Changing, without legal permission or reasons backed up by evidence, a vehicle to lose its original type and physical appearance, altering parts of machinery equipment, or changing the conditions stated in the motor vehicle inspection certificate.

(65) If anyone is found guilty of breaching any provisions stated in the by- laws issued in accordance with this law, he/she shall bare a punishment of a fine worth not more than thirty thousand kyats.

(75) The ministry shall include one or all of the following in releasing the by- laws. (c) Issues relating to the buidling of a motor vehicle, building of a carriage, installation of parts and equipment, and maintenance. (d) Specifying the type of motor vehicle, the weight and the maximum load. (f) Private industry of motor vehicle inspection (h)Matters to be carried out by the responsible person for the driver and motor vehicle in the event of an accident caused by the motor vehnicle. (j) Matters related to the reduction of the enviornmental inpact caused by the motor vehicle. Provisions to prohibit planting, cutting or destroying trees within highway boundaries without the permission of the Union Ministry of Public Works; and to prevent damage to highways Chapter (5) Section (8-a,b,c,d), It covers all the issue of Section (9-a,b,c), using Highway Road and talk about rules and prohibition issue. Chapter (6) Section (10-c), Section It is covered all the (11) issue of Temporary Vehicles parking station. Chapter (7) Section (12), Section Exemptions issue The Highways Law (13) related with restricted (No. 14/2014) areas which cannot pass with vehicles. Chapter (8) Section (14),(15), Prohibitions (Do and Section (16-a,b,c), Section (17-a,b,c,d) Chapter (9) Section (18), (19), (20), Penalties issue (21), (22) Chapter (10) Section (23), (24), (25), General Information to (26), (27), (28) protect laws regulations and penalties\

Water Resources Section 3 When rules made under this Act prescribe licenses for the use of any public water for obtaining energy or for mining operations, no person shall use, or attempt to use, any such water for any such purpose, or pollute or obstruct the flow of any such water, or discharge therein any mining refuse, except under and in accordance with the terms of such license or any grant, lease or The Water Power license from the President of the Union of, or in respect of, any land. Act, (No. 11/1927)

Section 6 Every person owning a bore which was in existence before the extension of this Act to the local area concerned shall apply to the water officer for a license for the said bore, and such bore, and such license shall be granted free of charge. Prohibitions on accessing and using underground water without a license

Whereas it is expedient to conserve and protect underground sources of water supply in the Union of Burma; it is hereby enacted as follows:

Section 1. This Act extends to such areas as the President of the Union may, by notification,1 direct and sha ll apply only to tubes exceeding a depth to be prescribed by the President of the Union: Provided that the President of the Union may prescribe different depths for different local areas.

Section 3. No person shall sink a tube for the purpose of obtaining underground water except under and in accordance with the terms of a licence granted by the water officer. Every person owning a tube which was in existence before the extension of this Act to the local area concerned shall apply to the water officer for a licence for the said tube, and such licence shall be granted free of charge.

Section 4. (1) Any Magistrate taking cognizance of an offence under section 3 may at any time order the tube in respect of which the offence has been or is The Underground alleged to have been committed to be forthwith closed until such time as a Water Act (No. licence for the same has been taken out in accordance with the provisions of 04/1930) the said section. (2) If the order for the closure of a tube under sub-section (1) is not complied with, the Deputy Commissioner, Subdivisional Officer or Township Officer exercising jurisdiction over the local area concerned may cause the said tube to be closed, and the expense of such closure shall be recoverable from the owner of the tube as if it were an arrear of land-revenue.

Section 5. Every person obtaining or attempting to obtain underground water shall supply the water officer with such information as the President of the Union may by rule prescribe.

Section 6. The President of the Union may make rules - (a) prescribing the conditions subject to which licences may be granted by the water officer under section 3; (b) prescribing the form of and the procedure for granting such licences and the fees payable for the issue thereof; (c) prescribing the information to be supplied to the water officer under section 5.

Section 7. Whoever contravenes the provisions of section 3 or of section 5 shall be punishable with fine which may extend to one thousand rupees. The Conservation of Water Resources and Rivers Law (2006) was promulgated on 2nd October 2006. The aims of this Law are as follows: To conserve and protect the water resources and rivers system for beneficial utilisation by the public; To ensure smooth and safe waterways navigation along rivers and creeks; To contribute to State economic development through improving water resources and river systems; and To protect environmental impact.

Section 2 (m) states that: Environmental impact means polluting the environment or damaging ecosystem caused by vessels plying in the rivers and creeks or factories, mills, workshops and dwellers near rivers and creeks.

Chapter V Prohibitions 8. No person shall: (a) carry out any act or channel shifting with the aim to ruin the water resources and rivers and creeks. (b) cause the wastage of water resources wilfully. The Conservation of Water Resources 9. No person shall destroy, cause damage or cause collision of vessel with the and Rivers Law, river training structure either wholly or partly. (No. 8/2006) and 10. No person shall anchor the vessels where vessels are prohibited from The Conservation anchoring in the rivers and creeks. of Water Resources 11. No person shall: and Improvement of River Systems (a) dispose of engine oil, chemical, poisonous material and other materials Rule (2013); which may cause environmental damage, or dispose of explosives from the bank or from a vessel which is plying, vessel which has berthed, anchored, stranded or sunk. (b) catch aquatic creatures within river-creek boundary, bank boundary or waterfront boundary with poisonous materials or explosives. (c) dispose of disposal soil and other materials from panning for gold, gold mineral dredging or resource production in the river and creek, into the river and creek or into the water outlet gully which can flow into the river and creek. 12. No person shall carry out growing of garden, digging, filling, silt trapping, closing pond, dyke building or erecting spur in the river-creek boundary, bank boundary and waterfront boundary without the permission of the relevant government department and organization. 13. No person shall carry out sand suction, sand dredging, sand excavating, river shingle suction, panning for gold, gold mineral dredging or resource production for commercial purpose in the river-creek boundary, bank boundary and waterfront boundary without the recommendation of the Directorate. 14. No person shall carry out sand suction, sand dredging, sand excavating, river shingle suction, panning for gold, gold mineral dredging or resource production from the sandbank maintained for prescribed river training work, prohibited place in the river and creek or the watercourse. 15. No person shall carry out the construction of switchback, dockyard, wet dockyard, water-tight dockyard, building of jetty, pier, landing stage or vessel landing by drainage in the river-creek boundary, bank boundary and waterfront boundary without the permission of the Directorate. 16. No one shall: (a) ply a vessel which is not in conformity with stipulations regarding the size, horse power and number of flat in the river-creek. (b) ply a vessel which is not in conformity with the prescribed draught in the river-creek. 17. No one shall, without abiding by the signal for the vessels to halt and wait by the responsible person as river training work, surveying work, dredging work, navigation work or obstruction clearance work is being carried out, ply the vessel passing through. 18. No one shall drive loading goods above the loaded draught or ply outside the demarcation channel. 19. No one shall dispose of any substance into the river-creek that may cause damage to waterway or change of watercourse from the bank or vessel which is plying, vessel which has berthed, anchored, stranded or sunk. 20. No one shall: (a) cast the fishing net, lay net, drift net, set up net which may cause silting or blocking of the watercourse in river-creek. (b) cause collision of the vessel with piles of bridges spanning the river. 21. No one shall: (a) build lavatories unsuitable to the urban and rural community lifestyle in the bank area and watercourse area. (b) drill well or pond or dig earth without the permission of the Directorate. 22. No one shall, without the permission of the Directorate, pile sand, shingle and other heavy materials for business purposes in the bank area and waterfront area. 23. No one shall: (a) without the permission of the Ministry of Transport, salvage the sunken vessel for business purposes. (b) without the permission of Directorate, build structures and bridges in river- creek boundary, bank boundary and waterfront boundary. (c) destroy or cause to destroy or remove the navigation symbols, mile posts or navigation marks without the permission of the Directorate. 24. No one shall: (a) violate the conditions relating to navigation of vessels in rivers and creeks prescribed by the Directorate for conservation of water resources, rivers and creeks. (b) violate the conditions prescribed by the Directorate so as not to cause water pollution and change of watercourse in rivers and creeks. Chapter VII Miscellaneous 30. Any government department and organization or any person desirous of constructing drainage, utilizing river water intake, constructing bridges spanning rivers, connecting underground pipe, connecting underground electric power cable, connecting underground telecom cable or digging in rivers and creeks, bank boundary and waterfront boundary, under the requirement of work, shall in order not to adversely affect the water resources and rivers and creeks, carry out only after obtaining the approval of the Ministry of Transport.

33. The Obstruction in Fairways Act, 1881, the Defile Traffic Act, 1907, the Inland Steam Vessels Act, 1917, the Outports Act, the Ports Act and the Yangon Ports, Act and rules, procedures, orders and directives issued under the said Laws may continue to be applicable in so far as they are not inconsistent with the provisions of this Law. Labour Laws Section 3 (1) Every employee shall be granted by his employer the following public holidays with full wages or pay (as the case may be); namely: Independence day one day Full Moon of Tabuang one day Thingyan three days Burmese New Year one day May Day one day The Leave and Public Holiday Act, Full Moon of Kason one day 1951 Amended by Resistance Day one day Law No. 06/2006 and No. 30/2014 Beginning of Buddhist lent one day Full Moon of Tansaungnom one day National Day one day

Section 4 (1) Every employee who has completed a period of twelve months continuous service shall be granted earned leave with average wages or average pay for a period of ten consecutive days by his employer during the subsequent period of twelve months. The objectives of the Social Welfare Law (2012) and accompanying Social Welfare Rules (2014) include providing workers with the right to draw back some of the contributions paid by employers and workers as savings in accordance with the stipulations, and to obtain the right to continue medical The Social Security Law (2012) and benefit, unemployment benefit, the right to residency and ownership of The Social Security housing after retirement in addition to health care and pecuniary benefit for Rules (2014) sickness, maternity, death, employment injury of the workers.

Section 11 of the Social Welfare Law (2012) requires the following establishments to comply with the provisions for compulsory registration with the social security system and benefits (indicated in the Social Welfare Law) if they employ a minimum number of workers as determined by the Ministry of Labour in co-ordination with the Social Security Board: Industries which carry out business whether or not they utilize mechanical power or a certain kind of power; businesses of manufacturing, repairing and servicing; or engineering businesses, factories, warehouses and establishments. Chapter VI - Settlement of Dispute Section 23. A party, employer or worker, may complain individual dispute relating to his grievance to the Conciliation Body and if he is not satisfied with the conciliation of such body in accord with stipulated manners, may apply to the competent court in person or by the legal representative.

Chapter VIII - Prohibitions

Section 38. No employer shall fail to negotiate and coordinate in respect of the complaint within the prescribed period without sufficient cause.

Section 39. No employer shall alter the conditions of service relating to workers concerned in such dispute at the consecutive period before commencing the dispute within the period under investigation of the dispute before the Arbitration Body or Tribunal, to affect the interest of such workers immediately. Section 40. No party shall proceed to lock-out or strike without accepting Settlement of negotiation, conciliation and arbitration by Arbitration Body in accord with this Labour Dispute law in respect of a dispute. Law (No. 05/2012) Amended by Law No. 40/2014 Section 41. No person shall carry out lock-out or strike to amend such decision or agreement within the effective period of the decision of the Arbitration Body or the Arbitration Council or any collective agreement.

Section 42. No person shall prohibit the right to work independently of the workers who are not desirous to participate in the strike nor impede the right of a worker to strike.

Section 43. No person shall fail to abide by or carry out any condition contained in agreement concluded before the Conciliation Body in respect of individual dispute or collective dispute.

Section 44. No person, after having informed in advance by the Arbitration Body or Tribunal for settling the dispute, shall fail to arrange to enable to examine the trade under dispute or to produce the documents which is considered by the Arbitration Body or Tribunal that it concerns with the dispute or to appear as a witness when he is so summoned.

Section 45. No person, if he is sent notice for examination before the Arbitration Body or Tribunal, shall fail without sufficient cause to appear in person or to send legal representative within the stipulated period.

Chapter IX - Penalties Section 46. Any employer who violates any prohibition contained in sections 38 and 39 shall, on conviction, be punished with a fine for a minimum of one lakh kyats.

Section 47. Any person who violates any prohibition contained in sections 41 and 42 may, on conviction, be punished with a fine not exceeding thirty thousand kyats.

Section 48. Any person who violates any prohibition contained in sections 40, 43, 44 and 45 shall, on conviction, be punished with a fine for a minimum of one lakh kyats.

Chapter X - Miscellaneous Section 51. If any employer, in the course of settlement of dispute, commits any act or omission, without sufficient cause, which by causing a reduction in production resulting so as to reduce the workers' benefits shall be liable to pay full compensation in the amount determined by the Arbitration Body or Tribunal. Such money shall be recovered as the arrear of land revenue.

Section 52. No party shall be barred to proceed with the right to institute criminal or civil proceedings in respect of such dispute during conciliation or arbitration. Section 10 (A): Power to Require From Employers, Statements Regarding Fatal Accidents (1) Where a commissioner receives information from any source that a workman has died as a result of an accident arising out of, and in the course of, his employment, he may send by registered post a notice to the workman's employer requiring him to submit, within thirty days of the service of the notice, a statement, in the prescribed form, giving the circumstances of the death. (2) If the employer is of opinion that he is liable to deposit compensation, he shall make the deposit within thirty days of the service of the notice. Compensation Act (3) If the employer is of the opinion that he is not liable to deposit (1923) Amended compensation, he shall in his statement indicate the grounds on which he by Law No 4/2005 disclaims liability. (4) Where the employer has so disclaimed liability, the Commissioner after such inquiry as he may think fit, may inform any of the dependents of the deceased workman that it is open to the dependents to prefer a claim for compensation, and may give them such other further information as he may think fit.

Section 10 (B): Reports of Fatal Accidents (1) Where, by any law for the time being in force, notice is required to be given to any authority, by or on behalf of an employer of any accident occurring on his premises which results in death, the person required to give the notice shall, within seven days of the death, send a report to the Commissioner, giving the circumstances attending the death; (2) Provided that, where the President of the Union has so prescribed, the person required to give the notice may, instead of sending such report to the Commissioner. Send it to the authority to whom he is required to give the notice. (3) The President of the Union, may by notification in the Gazette, extend the provisions of sub-section (1) to any class of premises other than those coming within the scope of that sub-section, and may by such notification, specify the persons who shall send the report to the Commissioner.

Section 11: Medical Examination (a) Where a workman has given notice of an accident, he shall, if the employer, before the expiry of three days from the time at which service of the notice has been effected, offers to have him examined free of charge by a qualified medical practitioner, submit himself for such examination; and any workman who is in receipt of a half-monthly payment under this Act shall, if so required, submit himself for such examination from time to time: (b) If the commissioner considers it necessary for the settlement of any question arising in any proceedings under this Act, he may require a workman who has given notice of an accident to submit himself for examination by a medical practitioner, and the cost of such medical examination, if any, shall be payable by the employer; Provided that a workman shall not be required to submit himself for examination by a medical practitioner otherwise than in accordance with rules made under this Act or at more frequent intervals than may be prescribed. (1) If a workman, on being required to do so by the employer under sub- section (I) or by the Commissioner at any time refuses to submit himself for examination by a qualified medical practitioner or in any way obstructs the same, his right to compensation shall be suspended during the continuance of such refusal or obstruction unless, in the case of refusal he was prevented by sufficient cause from so submitting himself. (2) If a workman, before the expiry of the period within which he is liable under subsection

(1) to be required to submit himself for medical examination voluntarily leaves without having been so examined, his right to compensation shall be suspended until he returns and offers himself for such examination. (3) Where a workman, whose right to compensation has been suspended under sub-section (2) or sub-section (3), dies without having submitted himself for medical examination as required by either of those sub-sections, the Commissioner may, if he thinks fit direct the payment of compensation to the dependants of the deceased workman. (4) Where under sub-section (2) or sub-section (3) a right to compensation is suspended, no compensation shall be payable in respect of the period of suspension. (5) Where an injured workman has refused to be attended by a qualified medical practitioner whose services have been offered to him by the employer free of charge, or having accepted such offer has deliberately disregarded the instructions of such medical practitioner then if it is thereafter proved that the workman has not been regularly attended by a qualified medical practitioner and that such refusal, failure or disregard was unreasonable in the circumstances of the case, and that the injury has been aggravated thereby, the injury and resulting disablement shall be deemed to be of the same nature and duration as they might reasonably have been expected to be if the workman had been regularly attended by a qualified medical practitioner, and compensation, if any, shall be payable accordingly.

The Minimum Wages Law was enacted on 22nd March 2013. Section 12 (d) of the law provides that the employer shall pay the minimum wage to the workers working in the commercial, production business and service in cash.

Chapter VII - The Duties of the Employer Section 12. The employer: (a) shall not pay wage to the worker less than the minimum wage stipulated under this Law; (b) may pay more than the minimum wage stipulated under this Law; (c) shall not have the right to deduct any other wage except the wage for which it has the right to deduct as stipulated in the notification issued under this Law; (d) shall pay the minimum wage to the workers working in the commercial, production and service business in cash. Moreover, if the specific benefits, The Minimum interests or opportunities are to be paid, it may be paid in cash or partly in Wages Law, No. cash and partly in property, with prevailing 07/2013 regional price, jointly according to the desire of the worker; The Minimum Wages Rules, 2013 (e) in paying minimum wage to the workers working in the agricultural and livestock business, some cash and some property at prevailing regional price may be paid jointly according to local custom or desire of the majority of workers or collective agreement. Such payment shall be for any personal use and benefit of the worker and his family and the value shall also be considerable and fair.

Section 13. The employer: (a) shall inform the workers the rates of minimum wage relating to the business among the rates of minimum wage stipulated under this Law and advertise it at the workplace to enable to be seen by the relevant workers; (b) shall prepare and maintain the lists, schedules, documents and wages of the workers correctly; (c) shall report the lists, schedules and documents prepared and maintained under sub section(b) to the relevant department in accord with the stipulations; (d) shall accept the inspection when summoned by the inspection officer. Moreover, he shall produce the said lists and documents upon asking to submit; (e) shall allow the entry and inspection of the inspection officer to the commercial, production and service businesses, agricultural and livestock breeding workplaces and give necessary assistances; (f) if the workers cannot work due to sickness, shall give them holiday for medical treatment in accord with the stipulations; (g) if the funeral matter of the member of the family of worker or his parent occurs, shall give holiday without deducting from the minimum wage, in accord with the stipulations.

Chapter X - Prohibitions and Penalties Section 22. Any employer: (a) shall not fail to pay the workers the minimum wage stipulated under this Law; (b) shall not pay to the workers less than the minimum wages and other benefits which is entitled by the worker under section 14; (c) relating to the accounts, schedules, documents and lists of wage of the workers: (i) shall not make false entry, deceitful recording or false and deceitful reporting; (ii) shall not fail to report to the relevant department in accord with the stipulations; (iii) shall not fail to produce when required by the inspection officer; (d) shall not fail to go and accept inspection when summoned by the inspection officer; (e) shall not obstruct or interfere with the inspection officer who comes and inspects on duty.

Section 23. Any employer who violates any of the prohibitions contained in section 22 shall, on conviction, be punished with imprisonment for a term not exceeding one year or with fine not exceeding 5 lakhs or with both.

Section 24. Any employer: (a) shall not violate any term and condition contained in the minimum wage notification; (b) shall not fail to inform the workers relating to the rates of minimum wage concerning to his workers among the rates of minimum wage stipulated under this Law and announce at the place where the workers are able to see it in the work centre and workplace;

Section 25. Any employer who violates any prohibition contained in section 24 shall, on conviction, be punished with imprisonment for a term not exceeding six months or with fine not exceeding kyat 3lakhs or with both.

The The Minimum Wages Rules, 2013 include:

Chapter 9 - The power and obligations of the employers Section 43. The employer: (a) shall increase the remuneration depending on the skill, to promote the productivity and the employment skill of the employees; (b) shall perform in accord with the factory act 1951, leave and holiday act 1951 under section 13 (b) at the law for the list, schedule and document, remunerations; (c) when the employees are not able to work due to ill health, injury at work site: (i) if they are under premium paid insurance to the health and social care fund, the insurance under health and social security care 2012, or (ii) if they are not entitled to enjoy social security law 2012, they must be arranged to enjoy the leave and holiday act 1951. (d) in the event of family or parents funeral affairs, his entitled remuneration should not be deducted and shall be arranged to enjoy according to leave and holiday act 1951; (e) before fixing of the minimum wage by the National Committee under this rule, if his remuneration is less than the prescribed amount, he should be paid up to the full amount; (f) part time, hourly job employees shall be paid the prescribed minimum wage for the working hours; (g) for the salary employees one day day-off shall be allowed in a week. If he has to work on the off day, overtime wage shall be paid in accord with the existing law; (h) if the employee has to work less than the prescribed working hour and if it is not due to his will or he has to stop the work due to the shortage of work from the employer, he shall be entitled to enjoy the remuneration as if he has to work full time; (i) the prescribed minimum wage shall be paid without discrimination of the male or female; (j) although he has the obligation to pay the minimum wage in cash, separate entitlement, benefit in accord with the stipulation shall be given due to the employee's will, majority of the employees' will, collective consent, in cash or partial in cash or prevailing regional rate or regional tradition; (k) overtime work shall be allowed according to the law after negotiation with the employees; (l) the employee who is not capable to fulfill the standard norm or production norm prescribed in accord with the factory, workshop, department, shall be trained to be skillful in the probation period. If necessary, the relevant factory, workshop, departments under this law shall be paid for not less than 50% of the remuneration within three months. In the probation period 75% of the remuneration shall be paid. Chapter (2) Section (3-a), Section (4-a,b,Cc- It is covered all the i,c-ii,d, e, f, g) Section (5), (6) issue of strategies for payment and timeline between Employer and Employee Chapter (3) Section (7-a,b,c,d) Section (8) It is covered all the Section (9), Section (10- issue of deducted salary a,b,c,d,e,f,g,h,i,j,), Section (11- based on different a,b), Section (12-a,b) Section (13) categories. Payment of Wages Law (No 17/2016) Chapter (4) Section (14) Wages issue related with Overtime Chapter (6) Section (19-a,b,c), Section (20- Prosecutions policy a,b,c), Section (21-a,b,c) issue based on salary and wages Chapter (7) Section (22), Section (23) Prohibitions Chapter (8) Section (24), (25),(26), (27), General Information to (28), (29), (30) protect laws regulations and penalties Chapter 3 Signing Employment Agreement

Section 5. (a) (1) If the employer has appointed the employee to work for an employment, the employment agreement shall be made within 30 days. But it shall not be related with government department and organization for a permanent employment. (2) If pre training period and probation period are stipulated before the appointment the said trainee shall not be related with the stipulation of sub section (1). Employment and Skill Development (b) The following particulars shall be included in the employment agreement: Law (No 29/2013) (1) the type of employment; (2) the probation period; (3) wage, salary; (4) location of the employment; (5) the term of the agreement; (6) working hour; (7) day off, holiday and leave; (8) overtime; (9) meal arrangement during the work hour; (10) accommodation; (11) medical treatment; (12) ferry arrangement to worksite and travelling; (13) regulations to be followed by the employees; (14) if the employee is sent to attend the training, the limited time agreed by the employee to continue to work after attending the training; (15) resigning and termination of service; (16) termination of agreement; (17) the obligations in accord with the stipulation of the agreement; (18) the cancellation of employment agreement mutually made between employer and employee; (19) other matters; (20) specifying the regulation of the agreement, amending and supplementing; (21) miscellaneous. (c) The worksite regulations contained in the employment agreement shall be in compliance with any existing law and the benefits of the employee shall not be less than those of the any existing law. (d) According to the employment agreement, the Ministry shall issue the notification for paying the stipulated compensation to the employee by the employer, if the work is completed earlier than the stipulated period or the whole work or any part of it have to be terminated due to unexpected condition or the work has to be terminated due to various conditions. (e) The employment agreement made under sub section (a) shall be related with daily wage workers, piece rate workers who are appointed temporarily in the government department and organization. (f) The worksite regulations and benefits contained in the employment agreement mutually made between the employer and employee or among the employees shall be amended as necessary, in accord with the existing law. (g) The employer shall send a copy of the employment agreement made between the employer and employee, to the relevant employment and labour exchange office within the stipulated period and shall get the approval of it. (h) The employment agreement made before the enforcement of this law shall be confirmed up to the end of the term of the original agreement.

Chapter 5 - Employee Skill Development and Doing Training Program Section 14. The employer shall carry out the training program in accord with the work requirement in line with the policy of the skill development team to develop the skill relating to the employment for the workers who are proposed to appoint and working at present.

Section 15. The Employer: (a) shall carry out the training for each work or compounding the work individually or group wise by opening on job training, training systematically at worksite, sending outside training and training by using information technology system, for arranging the training program to enhance the employment skill of the workers; (b) appointing the youths of 16 years as apprentice, shall arrange the training for technology relating to the employment systematically in accord with the regulations prescribed by the skill development team.

Chapter 6 - Registration and Founding of the Training School and Skill Assessment Departments Section 16. (a) The employer or the service provider shall apply through the relevant committees to the skill development team to acquire the registration certificate in accord with the stipulations. (b)The foreigner who comes and wants to open the training school or any skill assessment department, he shall apply through the relevant committees to the skill development team to acquire the registration certificate in accord with the existing laws.

Section 30. (a) The employer of the industry and service business shall put in to the fund monthly as put in fees without fail for the total wages of the subordinates and the supervisors' salary for not less than 0.5%; (b) Put in money paid under sub section (a) shall not be deducted from the wage and salary of the employees. The Pyidaungsu Hluttaw hereby enacts this Law, in accord with section 24 of the Constitution of the Republic of the Union of Myanmar, to protect the rights of the workers, to have good relations among the workers or between the employer and the worker, and to enable to form and carry out the labour organizations systematically and independently.

Chapter II - Establishment of the Labour Organizations Section 3. Every worker, who has attained the age prescribed in respective existing law to work in any trade or activity shall have the right to: (a) join as a member in a labour organization and to resign from a labour The Labour organization according to their own desire; Organization Law, (b) join as a member only in a labour organization formed according to the (No. 07/2011) and category of trade or activity relating to them. The Labour Organization Rules, 2012 Chapter VII Duties of Employer Section 29. The employer shall recognize the labour organizations of his trade as the organizations representing the workers. Section 30. The employer shall allow the worker who is assigned any duty on the recommendation of the relevant executive committee to perform such duty not exceeding two days per month unless they have agreed otherwise. Such period shall be deemed as if he is performing the original duty of his work. Section 31. The employer shall assist as much as possible if the labour organizations request for help for the interest of his workers. However, the employer shall not exercise any acts designed to promote the establishment or functioning of labour organizations under his domination or control by financial or other means.

Chapter XI Lock-out and Strike Section 37. The employer desirous of locking-out the public utility service or service which is not included in the public utility service shall inform the starting day and period of lock-out of the work in accord with the stipulation, at least 14 days in advance before the lock-out to the relevant township labour organization and relevant conciliation body and lock-out the work only after receiving the permission of the relevant conciliation body.

Chapter XII Prohibitions Section 43. No employer shall, without permission of the relevant conciliation body, lock-out a public utility service or service which is not included in public utility service.

Section 44. No employer shall: (a) lock-out a work due to such dispute during the pendency of a trade dispute settlement; (b) carry out an illegal lock-out which is involved with any provision contained in sub-sections (a) and (c) of section 41; (c) dismiss a worker who opposes an illegal lock-out which is involved with any provision contained in sub-sections (a) and (c) of section 41; (d) dismiss a worker for his membership in a labour organization for the exercise of organizational activities or participating in a strike in accord with this Law.

Section 48. The fund of the labour organizations shall not be used for any other purpose than the matters provided in their constitutions and rules such as social welfare, education, health, culture, sports, and training courses relating to skill etc. or those adopted by the majority of the members at a general meeting of that organization called for such purposes.

Section 49. No person shall coerce, threaten, use undue influence or seduce by illegal means any worker to participate or not to participate in a labour organization.

Section 50. No person shall: (a) interfere or obstruct the executive committees in performing duties and powers contained in this Law; (b) in respect of labour affairs, carry out demonstrations within 500 yards from hospitals, schools, religious buildings, airports, railways, bus terminals, ports or diplomatic missions and military or police installations.

Law Relating to Chapter V Registration Overseas Section 9. Employment (1999) (being (a) Overseas employment seekers shall register themselves as overseas amended) employment seekers at the Department for the type of overseas employment for which compulsory registration is required by the Department. (b) The Department shall communicate with local and foreign governments, organizations and persons to seek overseas employment opportunities for persons registered as overseas employment seekers. (c) If a person registered as an overseas employment seeker obtains overseas employment, he shall be registered as a worker with the Department.

Section 10. An overseas employment seeker who obtains overseas employment other than those for which the Department requires compulsory registration as overseas employment seeker, shall register as worker with the Department.

Section 11. A person who, prior to coming into operation of this Law, has been in any overseas employment, after temporarily returning home, continues with the overseas employment, shall be registered as a worker with the Department, in accordance with the stipulations.

Section 12. The Department shall ; (a) open separately the Overseas Employment Seekers Register and the Workers Register and effect registration in accordance with the stipulations. (b) issue a certificate of registration to a worker prior to his departure.

Chapter VIII The Duties and Rights of Workers

Section 20. A worker before going abroad:- (a) shall undergo a medical examination as directed by the Supervisory Committee, and obtain a health certificate; (b) shall have obtained a certificate of registration issued by the Department as supporting evidence.

Section 21. A registered worker who has gone abroad and has been working there shall report any unusual condition of work to the Service Agent in accordance with the stipulations. If it is not a case of working there after communicating with the Service Agent he shall report to the Myanmar Embassy or to the Consular Office in accordance with the stipulations. If there are no such offices he shall report to the Department.

Section 22. A worker who has returned to Myanmar and is about to go abroad to join overseas employment other than the present one he has been working in, shall depart only after complying with the provisions of section 20. Employment Restriction Act Provisions on Employment Restrictions (1959) Land WHEREAS it is expedient to declare the law relating to the acquisition by private persons of rights in land in the Union of Burma; And whereas it is expedient also to consolidate and amend the law relating to the assessment and collection of land-revenue, capitation-tax and certain other taxes;

PART II - OF RIGHTS OVER LAND 4. Nothing contained in this Part shall apply to the following:-

for the time being in force; (b) land included in any fishery demarcated under the Fisheries Act; (c) the soil of any public road, canal, drain or embankment; (d) land included within the limits of any town; (e) land appropriated to the dwelling-places of any town or village; (f) land included in any military cantonment; (g) land included in any civil station; (h) land belonging [on the 1st February 1879 (Substituted by Act II 1945)] to the site of any monastery, pagoda or other sacred building, or of any school, and continuing to be used for the purposes of such monastery, pagoda, The Land and building or school. Revenue Act (1879); Amended by Law No. 6. No right of any description shall be deemed to have been or shall be 16/2015 acquired by any person over any land to which this Part applies, except the following:- (a) rights created by any grant or lease made by or on behalf of the Government; (b) rights acquired under sections 26 and 27 of the Limitation Act; (c) rights created or originating in any of the modes hereinafter in that behalf specified; (d ) rights legally derived from any right mentioned in clauses (a), (b) and (c) of this section.

7. Except as provided in section 22, any person having been in possession of any culturable land for twelve years continuously, and having during that period regularly paid the revenue due thereon, or held the same under an express exemption from revenue, shall be deemed to have, upon the expiration of that period, acquired the status of a landholder in respect of such land:

Provided that such status shall not be deemed to have been acquired by any possession which terminated more than twelve years prior to the 1st February, 1879. 8. A landholder shall have a permanent heritable and transferable right of use and occupancy in his land, subject only: (a) to the payment of all such revenue, taxes and rates as may from time to time be imposed in respect of such land under any law for the time being in force; (b) to the reservation in favour of Government of all mines and mineral products, and of all buried treasure with all the powers conferred by section 38A.

PART IV - OF ARREARS AND THE MODE OF RECOVERING THEM 48. The purchaser at a sale held under section 47 shall be deemed to have acquired the right offered for sale, free from all encumbrances created over it and from all subordinate interests derived from it, except such as may be expressly reserved by the revenue-officer at the time of sale. CHAPTER III. RIGHTS RELATING TO PERMITTED FARMS 9 The following rights shall be enjoyed in connection with the right for farming: (a) right to have such land in hand, right for farming and gain benefit of such farm; (b) right to sell, pawn, lease, exchange, or donate, in whole or in part of the right for farming in accord with prescribed disciplines; (c) disputes arising out of inheritance of farmland shall be decided upon by the law respective court in accord with existing law; (d) the duration of the right for farming shall continue so long as the stipulated conditions are not breached;

The Farmland Law (e) land development operation are to be carried out by doing joint-venture (2012) and Farm with the investment of rural cooperative association or private investors; Land Rules (2012), (f) in accordance with Foreign Investment Law, foreigner or organization which repeals the containing foreigner are to be carried out by doing joint-venture; Land Nationalization Act 10. The provisions under the section 4, 5, 6, 7, 8 and 9 of this law shall not of 1953 apply to the allocation of alluvial land. 11. The disposal of alluvial land can be effected by means of prescribed rules.

CHAPTER IV. CONDITIONS IN RESPECT OF THE RIGHT TO WORK FARMLAND 12. The following conditions shall be complied with in respect of the right to work farmland: - (a) any person shall work farmland in accordance with the provisions of this law; (b) land-tax and other taxes in respect of farmland assessed by the Ministry shall be paid; (c) It is needed to register at related department with fee when the process such as selling, pawning, lending, and donation of right to work farmland is carried out, and the prescribed stamped-duty and registration of deed fees shall be paid; (d) Whenever inheriting of completely handing over of lands is carried out in accordance with existing law, It is needed to register at related department in accord with prescribed conditions; (e) "pawning" is permitted to acquire investment for agricultural production only, by means of pawning the farmland with a government bank (or) authorized bank; (f) farmland shall not be worked without the permission of the relevant farm management body; (g) farmland is prohibited using for non-agriculture purpose without permission; (h) farmland is prohibited to grow other crop from regular crop without permission; (i) farmland shall not be fallow without a sound reason; (j) during the period of before getting the right for farming or disputing the right for farming, selling, pawning, lending, exchange or donation of right for farming farmland is prohibited; 13. 13. After this Law enacted, whenever land dispute happens, registered farmland at the department can do official solution. 14. A person who has the permission of right for farming should not be sold, pawned, leased, exchanged or donated to any foreigner or organization containing foreigner without the permission of State Government.

CHAPTER IX. COMPENSATION AND INDEMNITY 26. Notwithstanding any provision contained in any other existing law, the Central Farmland Management Body must be coordinated with acted for suitable compensation and indemnity in the case of repossession of farmland either in the interest of the State or in the interest of the public. Confiscated farms are to be compensated without any loss. If farm is upgraded with building, it is required to compensate for such building.

27. Whosoever shall not be entitled forgetting compensation, if the right for farming or farmland was revoked by the Central Farmland Management Body in accordance with this Law under the section 17 subsection (d). This bill sets out who the Central Committee is, and what their role is - to coordinate with the Ministry of Environmental Conservation and Forestry, and The Vacant, Fallow other concerned Ministries for the prevention of damage and destruction to and Virgin Lands the forest land, including Reserved Forest, and Protected Public Forest; and for Management Law conservation of natural regions, watershed area and natural fisheries. The (2012) and Fallow Central Committee shall permit the right to do, (and) right to utilize land of and Virgin Lands vacant, fallow and virgin land in the country, for the following purposes: Management Rules (a) Agriculture; (2013); (b) Livestock Poultry Farming and Aquaculture; (c) Mining; (d) Government allowable other purposes in line with law.

land in which cultivation was never done before. It may have forest, bamboo or bushes, and includes the land which has been cancelled legally from Reserved Forest, grazing ground, and fishery pond land respectively for Agriculture, Livestock Poultry Farming and Aquaculture, Mining, and

Section 10 of Vacant, Fallow, and Virgin Land Management Bill states that regarding agricultural products, the central committee can grant 50,000 acres of land to cultivate perennial crops, not more than 3,000 acres of land to grow orchard crops, and 50,000 acres of land to cultivate seasonal crops for industrial raw materials. The very important and, still, frequently applied Land Acquisition Act (1894) empowers the state to acquire land where it is needed for any public purpose. The Act provides for the relevant procedures for land take, including (i) the amount of notice to be given to the occupiers of the land to be acquired; (ii) procedures for handling objections to acquisition; (iii) the method to be used to establish land valuations; (iv) the process for taking possession of land; (v) court processes and appeals to resolve disputes; (vi) procedures for the temporary occupation of land; and (vii) procedures for acquiring land for private entities.

PART IV APPORTIONMENT OF COMPENSATION 29. Where there are several persons interested, if such persons agree in the Land Acquisition apportionment of the compensation, the particulars of such apportionment Act (1894) shall be specified in the award, and as between such persons the award shall be conclusive evidence of the correctness of the apportionment 30. When the amount of compensation has been settled under section 11, if any dispute arises as to the apportionment of the same or any part thereof, or as to the persons to whom the same or any part thereof is payable, the Collector may refer such dispute to the decision of the Court.

PART VI - TEMPORARY OCCUPATION OF LAND 35. (1) Subject to the provisions of Part VII of this Act, whenever it appears to the President of the Union that the temporary occupation and use of any waste or arable land are needed for any public purpose, or for a company, the President of the Union may direct the Collector to procure the occupation and use of the same for such term as the President of the Union shall think lit, not exceeding three years from the commencement of such occupation. (2) The Collector shall thereupon give notice in writing to the persons interested in such land of the purpose for which the same is needed, and shall, for the occupation and use thereof for such term as aforesaid, and for the materials (if any) to be taken there from, pay to them such compensation either in a gross sum of money, or by monthly or other periodical payments as shall be agreed upon in writing between him and such persons respectively. (3) In case the Collector and the persons interested differ as to the sufficiency of the compensation or apportionment thereof, the Collector shall refer such difference to the decision of the Court. 36. (1) On payment of such compensation, or on executing such agreement or on making a reference under section 35, the Collector may enter upon and take possession of the land, and use or permit the use thereof in accordance with the terms of the said notice. (2) On the expiration of the term, the Collector shall make or tender to the persons interested compensation for the damage (if any) done to the land and not provided for by the agreement, and shall restore the land to the persons interested therein.

Provided that, if the land has become permanently unfit to be used for the purpose for which it was used immediately before the commencement of such term, and if the persons interested shall so require, the President of the Union shall proceed under this Act to acquire the land as if it was needed permanently for a public purpose or for a company.

37. In case the Collector and persons interested differ as to the condition of the land at the expiration of the term, or as to any matter connected with the said agreement, the Collector shall refer such difference to the decision of the Court.

PART VII - ACQUISITION OF LAND FOR COMPANIES 38. (1) The President of the Union may authorize any officer of any company desiring to acquire land for its purposes to exercise the powers conferred by section 4.

and section 5 shall be constru

38A. An industrial concern, ordinarily employing not less than one hundred workmen owned by an individual or by an association of individuals and not being a company, desiring to acquire land for the erection of dwelling houses for workmen employed by the concern or for the provision of amenities directly connected therewith shall, so far as concerns the acquisition of such land, be deemed to be a company for the purposes of this Part, and the references to company in sections 5A, 6, 7, 17 and 50 shall be interpreted as references also to such concern. 39. The provisions of sections 6 to 37 (both inclusive) shall not be put in force in order to acquire land for any company unless with the previous consent of the President of the Union, nor unless the company shall have executed the agreement hereinafter mentioned. 40. (1) Such consent shall not be given unless the President of the Union be satisfied, either on the report of the Collector under section 5A, sub-section (2), or by an enquiry held as hereinafter provided: (a) that the purpose of the acquisition is to obtain land for the erection of dwelling houses for workmen employed by the company or for the provision of amenities directly connected therewith, or (b) that such acquisition is needed for the construction of some work, and that such work is likely to prove useful to the public. (2) Such enquiry shall be held by such officer and at such time and place as the President of the Union shall appoint. (3) Such officer may summon and enforce the attendance of witnesses and compel the production of documents by the same means and, as far as possible, in the same manner as is provided by the Code of Civil Procedure in the case of a civil Court.

41. If the President of the Union is satisfied, after considering the report, if any, of the Collector under section 5A, sub-section (2), or on the report of the officer making an enquiry under section 40, that the purpose of the proposed acquisition is to obtain land for the erection of dwelling houses for workmen employed by the company or for the provision of amenities directly connected therewith, or that the proposed acquisition is needed for the construction of a work and that such work is likely to prove useful to the public, he shall require the company to enter into an agreement with the Government, providing to the satisfaction of the President of the Union for the following matters, namely:- (1) the payment to Government of the cost of the acquisition; (2) the transfer, on such payment, of the land to the company; (3) the terms on which the land shall be held by the company; (4) where the acquisition is for the purpose of erecting dwelling houses or the provision of amenities connected therewith, the time within which, the conditions on which and the manner in which the dwelling houses or amenities shall be erected or provided; and (5) where the acquisition is for the construction of any other work, the time within which and the conditions on which the work shall be executed and maintained, and the terms on which the public shall be entitled to use the work. 42. Every such agreement shall, as soon as may be after its execution, be published in the Gazette, and shall thereupon (so far as regards the terms on which the public shall be entitled to use the work) have the same effect as if it had formed part of this Act: CHAPTER 2 RESTRICTIONS ON IMMOVEABLE PROPERTY Transfer of Immoveable Property Section 3. No person shall sell, buy, give away, pawn, exchange or transfer Restriction Act, by any means immovable property with a foreigner or foreigner owned 1987 Amended by company. Law No. 1/2005

Section 4. No foreigner or foreign owned company shall acquire immovable property by way of purchase, gift, pawn, exchange or transfer.

Section 5. No person shall grant a lease of immovable property, for a term exceeding one year: (a) To a foreigner or foreigner owned company. (b) No foreigner or foreigner owned company shall receive a lease of immovable property, for a term exceeding one year.

CHAPTER 3 REGISTRATION Section 8. A foreigner or foreigner owned company must register any immoveable property and the location of such immoveable property in the state concerned to the respective Township Registration Committee according to the relevant procedure.

Section 9. Prior to the enactment of this law, any foreigner who is staying abroad or a foreigner owned company must register their immoveable property and the location of such to the respective Township Registration Committee according to the relevant procedure through their agent. Fishery

From Chapter 7: 38. No one shall do the following within the boundary of a fishery or fishery creek: (a) cutting undergrowth or setting on fire habitat of fish; (b) impairing the natural condition of a fishery so as to disrupt the flow of water in the main fishery.

The Freshwater 39. No one shall cultivate agricultural crops within the boundary of a fishery Fisheries law, 1992 creek.

40. No one shall cause harassment of fish and other aquatic organisms or pollution of the water in a freshwater fisheries waters.

41. No one shall alter the quality of water, volume of water or the water - course in a leasable fishery, reserved fishery and creeks contiguous thereto or in water-courses. Fire Chapter (2) Section (3-a,b,c,d) It is covered all the issue of man-made disaster to the nations. Chapter (8) Section (15-a,b,c,d), It is covered all the Section (17-a,b,c,d,e,f) steps how to protect the The Fire Services fire issues Law No. 11/2015 Chapter (11) Section (24) Section Issue of Prohibitions and (25-a,b) Section (26) plan how to manage for (27), (28), (29), (30), firefighting (31), (32), (33) Chapter (12) Section (34), (35), (36), Penalties ESIA for Seismic Activity - B 2 Block, Myanmar

BIBLIOGRAPHY

i As per Myanmar Forest Policy, 1995 and Forest Master Plan, 2000 the Forest Department (FD) has established 36 PAs, and six of these are recognized as ASEAN Heritage Parks (AHPs) ii Under the National Biodiversity Strategy & Action Plan Program (NBSAP), 76 Key Biodiversity Areas has been identified in the country to conserve species through the protection of a network of sites at which they occur. iii A preliminary list of 15 conservation corridors was prepared under NBSAP program. The exploratory block not falls in any such corridor, nearest corridor is Rakhine –Yoma Range 4 Baseline air quality in Katha region (2009-2013), Report on clean air for smaller cities in the ASEAN region; Myanmar country profiles by “giz” 5Geological study of B 2 block by MoGE.

vi Soil quality analyzed by Ministry of Forestry under National Action Programme of Myanmar to combat desertification in the context of United Nations Convention to Combat Desertification vii Natural Resource Management and Environment Department and FAO viii Water quality management at River basin in Myanmar, Irrigation Department. ix Vibration and air pressure monitoring of seismic sources by Alejandro D. Alcudia, Robert R. Stewart, Nanna Eliuk and Rick Espersen x ANFO (or AN/FO, for ammonium nitrate/fuel oil) is a widely used bulk industrial explosive mixture. It consists of 94 percent porous prilled ammonium nitrate (NH4NO3), (AN) that acts as the oxidizing agent and absorbent for the fuel – six percent number 2 fuel oil (FO).

xi The vibration has been estimated by ascertaining the Peak Particle Velocity to understand and evaluate the potential effects of blasting activities on different structure. The Peak Particle Velocity has been calculated as follows: Peak Particle Velocity (PPV) = 438 (SD)-1.52 Where SD = Scaled distance = (Actual Distance from the Blast (D)/√Maximum Weight of Explosive per Delay (Q)). The values so obtained have then been compared with the Directorate General of Mining Safety (DGMS) prescribed Permissible Limit of Ground Vibration (India) in order to establish the extent of significance.

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