DECLARATION ON
ORGANIZING AND PROCESSING WORKS OF
MUNICIPAL/ PROVINCIAL ENVIRONMENTAL DEPARTMENT

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MINISTER OF ENVIRONMENT MINISTRY HAS SEEN

     • The constitutional law of the Kingdom of Cambodia.
     • The Royal act No NS/RKT/1198/72 dated on November 30 1998 on the Royal Government Establishment
     • The Royal Act dated on November 01 1993 on the establishment of natural resources protecting areas.
     • The Royal norms No 02/ NS/94-36 dated on January 24 1996 which was declared the use of law on Environmental Protection and Natural Resources Management
     • The Royal norms No CS/ RKM/ 12936 dated on December 24 1996 which was declared the use of law on Establishment the Ministry of Environment
     • Sub-decree No 57 ANK/BK dated on September 25 1997 on organizing and processing of Ministry of Environment      • Referred to the MoE necessity

DECIDED

Article 1: This declaration has purpose to prepare the role and duty of the Municipal/ Provincial Environmental Structure and each office.
Article 2: The municipal/provincial environmental department is the local technical unit belong to the Ministry of Environment (MoE) having mission of leading and management of environmental works on their responsible municipal/provincial areas.
Article 3: The municipal/provincial environmental department (DoE) having the role and duty as follows:

     a- Implement the environmental policy linkage with sustainable development and prepare the proposal of environmental plan in collaboration with the concerned provincial departments.
      b- Observe /survey and provide the suggestion/ ideas on EIA process of the project proposal and the existing activities/ in the processing of private, private mixed state and the state project according to the power which are provided by MoE.
      c- Provide the technical ideas/suggestions to the local authorities and other related department for prepare the regulation/ordinance or activities concerned to preservation, development and natural resources using and management including: coastal zone, wetlands, watersheds, land, water, air, geology, ecology, mine, energy, petrol, gas, rock, sand, stone, coal, forest, by-products forest, wildlife, fishery and water resources with suitable and sustainable.
      d- Participate to carryout the planning management and protect the offense by many figures under the MoE governance at the natural protection areas in cooperation with the local authorities and related departments, and propose the new further natural protection areas.
      e- Make the inventory on sources, categories and amount of wastewater, solid waste, toxic substances, hazardous substances, smoke, noise and vibration in cooperation with the related organizations and local authority.
      f- Control the sources of environmental pollution and making the protection, reduction measures based on the MoE guideline.
      g- Inspect the sources and activities that generate the environmental pollution, making the observatory letter on offense case and claim the offenses to the court in corporate with the local authorities and related organizations followed by the MoE declaration.
      h- Implementing the inconvenience fine followed by the MoE announcement.
      i- Participate to investigate, control and provide ideas on solid waste management in the responsible areas in order to enhance the effective management.
      j- Manage the environmental database and prepare the yearly report on environment state of their responsible location. Mobilize the public people to provide the information related to the environmental protection and natural resources management.
      k- Encourage the public participation on the protection; safeguard the natural resources and environment in their responsible areas.
      l- Appeal/ pledge to find the charity, grant aid to support the environment protection and natural resources management activities. on the one hand, encourage the investors in the field of environment protection and communicate in collaboration with international organization, internal-external NGOs and social organization to ensure the environmental protection. m- Civil servants, budget, assets management of DoE with legally. n- Carryout the report in regularly.

Article 4: For implementing this above mission the Municipal/ Provincial have the following structure:
      1- The Administration, Personnel and Financial Office.
      2- The Planning Legal Affairs and EIA Office.
      3- The Natural Resources Preservation and Environmental Database office
      4- The Pollution Control Education and Environmental Information Diffusion office
      5- The District Environmental Agency Offices.

Article 5: The role of the Administration, Personnel and Financial Office are: - Relation with the Administration and Financial Department of the Ministry of Environment and in charge to coordinate all DoE sectors activities with other Provincial Departments belong to city hall for the processing works of the department such as:
     a- Establish the materials purchase and repair plan, mobilize- immobilized asset management, storage and inventory all resources belong to the authorized of their department due to the right is given by MoE and further more have to make the annually report to MoE.
      b- Establish the annually budget plan, accounting management, public purchase implementation and making the quarter, semester and annually income-expense report regularly to MoE.
     

- Relation with the Administration and Financial Department to manage the administrative, human resources and official letter affairs of its career such as:
     a- Establish the training project, and then resume to make the need assessment for continuing studies or training at internal or abroad.
      b- Introduce the studying staff and completed staff for submit to MoE to have the decision on government staff entering.
      c- Watch the score career bulletins of each staff, and identify the annually gradual or class belong to the limit power of provincial department submit and receive the decision from MoE.
      d- Request to MoE on: moving cadre, cadre sans sold, nomination from vice office, punishment, erase or takeout of cadre.

-Collection, wrap-up all of this above related information and make the monthly, quarterly and yearly reports to MoE by regularly.

Article 6: The role of Planning, Legal Affairs and EIA Office are:
      a- In charge of establish the environmental planning on their responsible province/ city in collaboration with other related department of City Hall or related offices in order to follow the sustainable development.
      b- Incorporate the review/ control EIA for establishes the requirements to the local authority as indicated at 2nd, 3rd paragraph of this article.
     c- Making the suggestion or requirement to MoE on the difficulty, facility on environmental law compliance and other regulation for reform opportunity.

Article 7: The role of the Natural Resources Preservation and Environmental Database management office are:
      a. Incorporate to implement the National Park Management Plan, wildlife shelter areas, viewer protection areas and the ecological located at their provincial responsible zone as indicated at 4th paragraph of 3rd article.
      b. Encourage and cause for promote the participation of communities, publics institution, international organization and NGOs on the Environmental Management and Natural Resources preservation.
      c. Compliance the others regulations for management works of the Natural Protection Areas followed by the MoE declaration.
      d. Implementing the inconvenience fine followed by the MoE declaration.
      e. Manage the environmental database and prepare the yearly report on environment state of their responsible location. Mobilize the public people to provide the information related to the environmental protection and natural resources management and conservation.
      f. Evaluate the using of physical land, water resource and other natural resources on their responsible areas.

Article 8: The role of The Pollution Control, Education and Environmental Information Diffusion office are:
      a. Control the sources of environmental pollution and making the protection, reduction measures based on the MoE guideline.
      b. Making the proposal to do the experimentation on water, land, air quality, noise-vibration disturbance especially wastewater and solid waste that closely related to the environment pollution and public health.
      c. Implementing the inconvenience fine followed by the MoE announcement.
      d. Making the inventory on sources, category and amount of wastewater, solid waste, toxic substances, hazardous substances, smoke, noise and vibration with incorporate to the related organizations and local authority.
      e. Inspect the sources and activities that generate the environmental pollution, making the observatory letter on offense case and claim the offenses to the court incorporate with the local authority and related organizations followed by the MoE declaration.
      f. In charge of environmental education, information diffusion, establish the environmental education materials in collaboration with related departments, encourage people to enhance their good model and achievement on environmental works, keep and manage the environmental document –library and compile the environmental reports.

Article 9:The District Environmental Agency Office (DEAO) have the role of observe the environmental situation, report and suggestion, and monitoring the implementation of the provincial department and MoE guideline. The chief and vice chief of district environmental agency office were nominated by the director of DoE. The grade of DEAO chief is similar to the vice chief office of DoE and similar to all chief office under the district.

Article 10: The Municipal/ Provincial Environmental Department is under one Director and some Deputy Directors as assistance.
      a. The Director
     1. Responsible for the whole activities /works of the department.
      2. Responsible to the Minister of the Environment Ministry and Municipal/ Provincial authorities in all tasks which are provided by them.
      b. Deputy Director
     1. Assist the director tasks according to the provision of him.
      2. Responsible to the director on the provision works.
      3. Carry out the regular report on the tasks outcome to the Director

Article 11:The number of DoE cadre was limited by MoE declaration. In the reality case the Director of Municipal/Provincial Environmental Department can propose to MoE for establishment some offices. The relevant sectors of the office have depended on the Director decision and then reports to MoE. The preparation and routine works of DEAO has identified by the MoE declaration according to the DoE proposal.

Article 12: Other opposes norms to this declaration were eradicated.

Article 13: The general director, minister’ cabinet, administrative and financial department, all ministerial departments and all municipal/ provincial departments have been responsible to carry out with success this declaration. Article 14: This declaration is effective from this signature date.

Phnom Penh, July 19 1999
Signed and Sealed
Dr.MOK MARETH

ANNEX TABLE OF DECLARATION No 33
Dated on JULY 191999
ON ORGANIZING AND PROCESSING WORKS
OF MUNICIPAL/PROVINCIAL ENVIRONMENTAL DEPARTMENT
ORGANIZATION CHART OF MUNICIPAL/PROVINCIAL ENVIRONMENTAL DEPARTMENT `