Following the adoption of the Ministry of Environment’s (“MOE“) Environmental Code (please see our article on this topic at Cambodia: Adopts the 2023 Environmental and Natural Resources Code – DFDL) and continued application of Prakas 72 on Process of Environmental Impact Assessment (“EIA“) dated 11 August 1999 (“Prakas 72“) as well as the recent issuance of Prakas 3591/0525 on the Classification of Development Projects Required for the EIA dated 6 May 2025 (for more details, please visit our client alert at Cambodia: The Expansion of Development Project Classification for Environmental Impact Assessment in Cambodia – DFDL), the MOE has now introduced a new regulatory instrument: Prakas No. 6985 dated 25 August 2025 (“Prakas 6985“) on Official Guidelines for Preparing Environmental Monitoring Reports (“EMR“).
This Prakas aims to improve environmental quality, protect public health, and support sustainable development by standardising how project owners monitor and report compliance with environmental requirements during the construction, operation, and closure phases of their development projects.
Scope of Application
The required EMR applies to all development projects that have received the MOE’s approval for a Full Environmental Impact Assessment (“FEIA“), an Initial Environmental Impact Assessment (“IEIA“), or an Environmental Protection Agreement (“EPA“), including approvals granted by Capital/Provincial Departments of Environment.
EMR Requirements and Implications
Under Article 696 of the Environmental Code, “project owners are required to establish an internal environmental management system, which includes the preparation and submission of EMRs on a quarterly or semi-annual basis to the MOE for review and evaluation“.
Further, Article 699 reinforces this obligation by stipulating that “project owners who have received the MOE’s approval must submit their quarterly or semi-annual EMR to the MOE that details the project’s environmental monitoring and management activities in accordance with the approved environmental management plan (EMP), EIA documents and all applicable environmental regulations.”
However, under Article 29 of Sub-Decree 72, “a project owner who provides inaccurate information, misinterprets data, fails to implement the environmental management plan as specified in the IESIA and EPA will be penalised according to the Environmental Protection Law“.
Pursuant to Article 20 and subsequent provisions of the Environmental Protection Law, failure to comply with environmental obligations during the operation period may enable the MOE to order the project operators, among other things, to suspend their business activities until the breach is rectified. Penalties for non-compliance with the MOE’s orders may include fines of up to KHR 30,000,000 (approximately USD 7,500) and/or imprisonment for up to one year. For serious offences, the penalty can increase to KHR 50,000,000 (approximately USD 12,500) and/or imprisonment from one to five years.
This periodical EMR obligation applies to all phases of the development projects: construction, operation, and closure. Reports must be submitted to the MOE or the relevant Capital/Provincial Department for review and evaluation.
Please note that environmental monitoring is implemented at a frequency of every 3 or 6 months, in line with each project’s Environmental Management Plan (EMP), depending on the project’s nature and scale.
Content Requirements
According to Prakas 6985, the EMR must include, among other things:
- Monitoring data on environmental parameters (e.g., air, water, noise, waste).
- Compliance status with the approved EMP.
- Mitigation measures undertaken and their effectiveness.
- Community engagement and grievance redress mechanisms.
- Recommendations for corrective actions, if applicable.
The detailed EMR’s structure and content are outlined in the annexe to this Prakas.
Conclusions
While Prakas No. 6985 does not explicitly state whether project owners may deviate from the MOE’s reporting template, such deviations may be permissible subject to MOE’s review and approval, provided that the submitted EMR remains compliant with applicable environmental requirements and the approved EMP.
Given the strict regulatory framework and the enforcement mechanisms—including fines and potential suspension or imprisonment under the Environmental Protection Law—it is strongly recommended that project owners with MOE-approved FEIA, IEIA, or EPA
- Map and ensure compliance with these reporting obligations across all project phases: construction, operation and closure;
- Align current monitoring parameters, methods, and frequencies with the EMP and EMR guidelines (3- or 6-month intervals); and
- Compile and maintain all relevant legal instruments and permits, and ensure that payments and financial obligations to the MOE are up to date
Should you have any questions or require further clarification, please do not hesitate to contact our professionals listed below.
