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ENVIRONMENTAL IMPACT
ASSESSMENT PROCESS
(PD 1586)
(DENRs Procedure
on
Energy Projects)
25 September 2013
OUTLINE OF PRESENTATION:
both natural,
and man-made
Environmental Law-
(1) Constitution,
(2) Laws and Local Ordinances,
(3) Regulations Promulgated by Regulatory
Regulations.
accepted
principles
of
international law as part of the
law of the land and adheres to the
policy of peace, equality, justice,
freedom, cooperation and amity with
all nations.
NEXT
PD 1151
THE PHILIPPINE
ENVIRONMENTAL POLICY
PD 1151: PEP
PD 1151:
Sec. 5: Agency Guidelines The different agencies
charged with environmental protection as enumerated
in Letter of Instruction No. 422 shall within sixty (60)
days from the effectivity of this Decree, submit to the
National Environmental Protection Council (NEPC),
their respective guidelines, rules and regulations to
carry out the provisions of Sec. 4 hereof on
environmental impact assessments and
statements.
Dept. of Agriculture
Dept. of Local Govt and Community Devt.
Dept. of Health
PAGASA
COAST GUARD
PAEC
NHA
NIA PCARR
UPNSRC
PD 1152
THE PHILIPPINE
ENVIRONMENTAL CODE
(PD 1152)
Air
Quality
Water
Quality
Land Use
ERM&C
Waste Mgt
Others
Envi Ed
RA 8749
-TITLE II
WATER QUALITY MANAGEMENT
RA 9275
-TITLE III
LAND USE MANAGEMENT
RA 7160
-TITLE IV
NATURAL RESOURCES MANAGEMENT AND CONSERVATION
-1. Fisheries and Aquatic Resources
RA 8550
-2. Wildlife
-3. Forestry and Soil Conservation
PD 705 RA 8435
- DOE
RA 7942, RA 7071
-TITLE V
WASTE MANAGEMENT
RA 9003
TITLE VI
MISCELLANEOUS PROVISIONS
-Section 52
-Section 53
Environment Education
practices.
-Section 54
Environmental Research
- Constitution
(SD
ENVIRONMENTAL PROTECTION
)Development
PROJECT
EIA
Water
Usage
Solid
Waste
Forestry &
Protected
Areas
Agriculture
Pesticides
Zoning
- PD 1151
- PD 1152
Water
Pollution
PERMITS/CLEARANCES
From concerned government agencies
Air
Pollution
Sustainable
SOCIO ECONOMIC GROWTH
(SD
ENVIRONMENTAL PROTECTION
)Development
PROJECT
Water
Usage
Solid
Waste
PD 198
RA
9003
PD 1067
PD 856
Forestry &
Protected
Areas
PD 705
RA 7586
Agriculture
Pesticides
RA 8435
PD 1144
Zoning
RA 7160
HLURB
Water
Pollution
Air
Pollution
PD 984
RA 8749
PD 856
PERMITS/CLEARANCES
From concerned government agencies
BP 220
PD 957
RA
7942
RA
7076
PD 1899
RA 8550
Watershedbased
concept
Section 2, PD 1586
There is hereby established an EIS system
founded and based on the EIS required,
required,
under Sec 4 of PD 1151, of all agencies
and instrumentalities of the National
Government,, including GOCC, as well as
Government
private corporations, firms and entities, for
every proposed project and undertaking
which SIGNIFICANTLY AFFECT THE
QUALITY OF THE ENVIRONMENT.
PD 1151: PEP
ENVIRONMENTALLY CRITICAL
PROJECTS (ECP)
The project include activities that have significant
environmental consequences
A project in this category is likely to have
significant adverse impact that may be sensitive,
irreversible and diverse.
34
ECPs
Heavy Industries
NonNon-ferrous metal industries
Iron and steel mills
Petroleum and petropetro-chemical
industries including oil and gas
Smelting plants
Forestry projects
Fishery projects
Infrastructure Projects
Golf Courses
ENVIRONMENTALLY
CRITICAL AREAS (ECAs)
The project may have adverse environmental impacts that are
less significant than ECPs impacts.
The impacts are not as sensitive, numerous, major, or diverse
as ECPs impacts.
Remedial measures can be more easily designed.
And if the the project is not an ECP but is located within an
ECA, only Initial Environmental Examination (IEE), or IEE
Checklist-type document, is required. It will be the EMB-DENR
Regional Office who will have jurisdiction on the matter. In
other words, a non-critical project located in an ECA falls under
the authority of EMB-DENR Regional Offices and must follow the
steps identified for preparation of the aforestated type of
documents, and if so warranted, an EIS (expanded IEE).
37
ECAs
ECA
Traditionally
occupied by
ICCs
ECAs
Prime Agricultural
Lands
ECA
Areas with critical slopes
Recharged areas for
aquifers
ECA
Water bodies
Mangrove Areas
ECA
Coral Reefs
1.
2.
3.
4.
5.
6.
7.
8.
THE PROCESS
Project Screening
Preliminary Site and Project
Evaluation
Scoping
Baseline Studies
EIA PROPER (THE EIA STUDY)
EIA Review
Decision
Monitoring
45
COVERAGE
PROJECT BRIEF
IEE/EPRMP EIS
(ECP)
(ECA)
CERTIFICATE OF
NON--COVERAGE (CNC)
NON
(EMB/EMB RO)
CATEGORY C & D
Decision of Issuance/
Non--Issuance ECC
Non
Decision of Issuance/
Non--Issuance ECC
Non
EMBEIAD - submits
recommendation to EMB
Regional Director (RD)
EMB--RD - gives final
EMB
decision
EMB D- submits
recommendation to
DENR Secretary
DENR Secretary - gives
final decision
CATEGORY B
CATEGORY A
Documentary
Requirements
ECP ----->
> EIS ------->
> EMB
ECA ----->
> IEE ---->
----> EMB RO
IEE Checklist
VII. DECISION
The decision will be limited to the following:
To issue an Environmental Compliance
Certificate
To deny or not to issue
The end product of the EIA Process will be
the favorable issuance of an ENVIRONMETAL
COMPLIANCE CERTIFICATE (ECC)
52
ENVIRONMENTAL
COMPLIANCE
CERTIFICATE
(ECC)
53
Section 4, PD 1586
The President of the Philippines may, on
his own initiative or upon recommendation
of the NEPC, by proclamation declare
certain projects, undertakings or areas in
the country as environmentally critical. No
person, partnership or corporation shall
undertake or operate any such declared
ECP or ECA without first securing an ECC
issued by the President or his duly
authorized representative.
An Environmental Compliance
Certificate (ECC) is not a permit and
should not be interpreted as such but
rather a set of conditionalities, which
will have to be complied with by the
Project before implementing the said
project.
BACK
Examples:
RA 79427942-PMA
Section 70
Environmental Impact Assessment (EIA)
Except during the exploration period of a
mineral agreement or financial or
technical assistance agreement or an
exploration permit, an environmental
clearance certificate shall be required
based on an environmental impact
assessment and procedures under the
Philippine Environmental Impact
Assessment System
Examples:
RA 75867586-NIPAS ACT
Section 12
Environmental Impact Assessment (EIA)
Proposals for activities which are outside the scope
of the management plan for protected areas shall be subject
to an EIA as required by law before they are adopted, and
the results thereof shall be taken into consideration in the
decision--making.
decision
Examples:
Examples:
For housing:
BP 220 & PD 957: ECC is one of the
requirements of before a Development
Permit will be issued by the concerned
LGU
For industries that are potential sources
of pollution (air or water)
PRIMACY
OF
JURISDICTION
63
Primacy of Jurisdiction:
Primacy of Jurisdiction:
certain social acceptability determination must be
devolved to the local government units
concerned
issues that are within the purview or mandates of
other government agencies shall be resolved exclusively by
the agencies concerned (health
issues by DOH,
historical or cultural issues shall by National Historical
Institute, National
Commission on Culture and the
Arts, and/or
other relevant government agencies)
Primacy of Jurisdiction:
streamlining the Philippine EIS System requires
that concerns and issues under the jurisdiction or
mandates of other government agencies must be
de-linked from the process of evaluating ECC
applications, as such, requiring clearances, permits
or endorsements from other government
agencies may only be done as part of ECC
conditions (and not as pre-requisites for ECC
issuance).
(SD)
- Constitution
ENVIRONMENTAL PROTECTION
Development
PROJECT
EIA
Water
Usage
Solid
Waste
Forestry &
Protected
Areas
Agriculture
Pesticides
Zoning
- PD 1151
- PD 1152
Water
Pollution
PERMITS/CLEARANCES
From concerned government agencies
Air
Pollution
Sustainable
SOCIO ECONOMIC GROWTH
(SD)
ENVIRONMENTAL PROTECTION
Development
PROJECT
Water
Usage
Solid
Waste
PD 198
RA
9003
PD 1067
PD 856
Forestry &
Protected
Areas
PD 705
RA 7586
Agriculture
Pesticides
RA 8435
PD 1144
Zoning
RA 7160
HLURB
Water
Pollution
Air
Pollution
PD 984
RA 8749
PD 856
PERMITS/CLEARANCES
From concerned government agencies
BP 220
PD 957
RA
7942
RA
7076
PD 1899
RA 8550
1.
2.
3.
4.
5.
6.
7.
8.
THE PROCESS
Project Screening
Preliminary Site and Project
Evaluation
Scoping
Baseline Studies
EIA PROPER (THE EIA STUDY)
EIA Review
Decision
Monitoring
69
VIII. MONITORING
In literal sense, monitoring of the project
is through the conditionalities embodied in
the issued ECC. Said ECC conditionalities had
been conceptualized with the end view of
making
the
proposed
project
as
environmentally sound.
In the legal sense, monitoring means the
monitoring by each concerned agency of the
compliance to their mandated environmental
protection program pursuant to their
respective laws and rules.
70
MONITORING PROTOCOLS
(Chapter 7.0 DENR DAO 03-30)
Modes:
VIII. MONITORING
For projects with EIS document, the
Proponent is required to organize a MultiPartite Monitoring Team (MMT).
72
MULTI-PARTITE MONITORING
MULTITEAM (MMT)
An MMT is a committee tasked
to make decisions regarding
monitoring issues,
plans and strategies
Designed to manage, organize, facilitate,
administer and ensure monitoring efficiency
of the MMT
Thank You
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