Final Report Chapter 9 Environmental and Social Considerations specified by the Ministry of Environmental Conservation and Forestry and in accordance with the schedule specified in the EMP.  The Ministry of Environmental Conservation and Forestry will carry out the audit and inspection of the project through the central or local offices under its control by making inspection visits to the project sites or by means of documents.  Penalty  Should the project differ greatly in any way from the statements of the EMP and the Environmental Compliance Certificate for whatever reason, the Ministry of Environmental Conservation and Forestry may impose a penalty on the project implementing agency. 9.2.2 Land acquisition and relocation of residents In Myanmar, the Government is the absolute owner of land and land ownership by a person or company is not permitted under the Constitution of the Republic of the Union of Myanmar, 2008. A person or company may have the right to use land. The registration of the right to use land is made at the Office of the Registration of Deeds and Assurances, Settlement and Land Records Department in accordance with the Registration Act, 1909. However, the central governmental agency and the local governmental agencies have jurisdiction over the right to use real estate according to the purpose of use (farming, residential or industrial use) and the location of the real estate (industrial complex, special economic district, etc.) For instance, the City of Yangon Development Committee is the contact window for registration of land located in Yangon City, and the Ministry of Agriculture and Irrigation is the contact window for the registration of agricultural land. Therefore, it is possible to undertake the survey of land use rights at the authority that has jurisdiction. The land users have to pay land rent to the Government, as determined by the purpose for which the land is used5. With regard to land use rights of the Government, on the other hand, the United Nations Human Rights Council has pointed out6 that the development of mines and ports in the areas of minority ethnic groups forces the residents of the surrounding areas to relocate to other areas and deprives them of their living base; also that the registration system approving the acquisition of the “agricultural right” of a citizen aged 18 or above who is continuously engaged in agriculture to farm a piece of land, was established by the Government in accordance with the Agricultural Land Act enacted on March 30, 2012, but this legislation is not widely known to farmers as a safeguard to protect their farm lands. If a piece of agricultural land or residential area is used as a project area, in general the land use right has to be assigned or leased through negotiation with the resident who has the right to use the 5 Reference literature: Base of Real Estate Legislation in Asian Countries (4), ARES The Association for Real Estate Securitization Journal Vol. 12 6 UN Human Rights Council 22nd Ordinary Session (2/25 – 3/25/2013), Item 4: “About the problems with human rights to which the Council is to pay a special attention” Statement by Human Rights Now (HRN), 9-9