OVERVIEW OF THE ENVIRONMENTAL IMPACT ASSESSMENT PROCESS (PD 1586) (DENR’s Procedure on Energy Projects) 25 September 2013
OUTLINE OF PRESENTATION:
Environmental law: definition & sources Legal Basis of PD 1586 PD 1151 & PD 1152 The EIA Process
Environmental Law It is defined as a set of legal rules that are specifically addressed to activities which may have potential impacts on the environment,
both natural,
and man-made……
Environmental Law-
It encompasses all the protections for our environment that emanates from the
(1) Constitution, (2) Laws and Local Ordinances, (3) Regulations Promulgated by Regulatory
Agencies or IRR, and (4) from the Court Decision interpreting these Laws &
Regulations.
1987 Philippine Constitution Article II – Declaration of Principles and State Policies Section 2. The Philippines renounces war as an instrument of national policy, adopts a generally
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
Rio Declaration on Envt and Development (Rio Summit) June 1992 Agenda 21: Principle 17 Environmental impact assessment, as a national instrument, shall be undertaken for proposed activities that are likely to have a significant adverse impact on the environment and are subject to a decision of a competent national authority. NEXT
Framework of Envi Laws The Philippine Constitution declares that it is the duty of the State to protect and advance the right of the people to a balanced and healthful ecology. This duty had earlier been codified in the Philippine Environmental Policy, which is the national blueprint for environmental protection. The Philippine Environment Code, in turn, contains general principles dealing with the major environmental and natural resource concerns of the Philippines. (PRELIMINARY ASSESSMENT OF
PHILIPPINES' ENVIRONMENTAL LAW Alan K.J. Tan, Faculty of Law National University of Singapore)
These two documents are very broad and general, and contain few substantive provisions. Taken together, the Policy and the Code can best be described as forming the very basic framework laws on the environment in the Philippines.
Due to the generality of the Policy and the Code, various other laws have been enacted to address specific environmental concerns, notably Presidential Decree No. 1586 of 1978, which established the environmental impact statement (EIS) system, the Fisheries Code of 1998, etc.
Altogether, these legislation recognise that the central theme of environmental protection in the country is the regulation of land and marine use rights and the reconciliation of these with the principle of sustainable development. (Tan-National University of Singapore)
PD 1151
THE PHILIPPINE ENVIRONMENTAL POLICY
THE PHILIPPINE ENVIRONMENT POLICY (Presidential Decree No. 1151, 1977)
Section 1. Policy - It is hereby declared a continuing policy of the State (a) to create, develop, maintain and improve conditions under which man and nature can thrive in productive and enjoyable harmony with each other, (b) to fulfill the social, economic and other requirements of present and future generations of Filipinos, and (c) to insure the attainment of an environment quality that is conducive to a life of dignity and well-being.
(Principle of Sustainable Development)
PD 1151: PEP
Sec. 4 : Pursuant to the above enunciated policies and goals, all agencies and instrumentalities of the national government, including GOCCs, as well as private corporations, firms and entities shall prepare, file and include in every action, project or undertaking which significantly affects the quality of the environment a detailed statement on: a. The environmental impact of the proposed action, project or undertaking;
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.
LOI NO. 422 (06 JULY 1976): AGENCIES CHARGED WITH ENVT’L PROTECTION:
Dept. of Natural Resources
Dept. of Agriculture Dept. of Local Gov’t and Community Dev’t. Dept. of Health
PAGASA
Energy Development Board
COAST GUARD
Dept. of Public Works, Transportation and Communication Dept. of of Education & Culture NPCC
PAEC
NHA
NEDA COAST GUARD LLDA
Human Settlements Commission LLDA
NIA PCARR UPNSRC
PD 1152
THE PHILIPPINE ENVIRONMENTAL CODE
PHILIPPINE ENVIRONMENT CODE
(PD 1152)
Air Quality
Water Quality
Land Use
ERM&C
Waste Mgt
Others Envi Ed
Dimensions of the environment that needs to be protected: -TITLE I AIR QUALITY MANAGEMENT
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
-4. Flood Control and Natural Calamities - DPWH
-5. Energy Development
- DOE
-6. Conservation and Utilization of Surface Ground Waters -PD 1067 -7. Mineral Resources
RA 7942, RA 7071
-TITLE V WASTE MANAGEMENT
RA 9003
TITLE VI MISCELLANEOUS PROVISIONS -Section 52
Population Environment Balance
-Section 53
Environment Education
-The Department of Education and Culture shall integrate subjects on environmental education in its school curricula at all levels. It shall also endeavor to conduct special community education emphasizing the relationship of man and nature as well as environmental sanitation and
practices. -Section 54
Environmental Research
THEORETICAL AND LEGAL FRAMEWORK:
PHILIPPINE LAWS ON ENVIRONMENTAL PROTECTION Sustainable SOCIO ECONOMIC GROWTH
- 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
Housing Mining Fisheries
THEORETICAL AND LEGAL FRAMEWORK: PHILIPPINE LAWS ON ENVIRONMENTAL PROTECTION
Sustainable SOCIO ECONOMIC GROWTH
(SD ENVIRONMENTAL PROTECTION )Development
PROJECT
EMB Thru PD 1586 (ECC)
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
Housing Mining Fisheries
BP 220 PD 957
RA 7942 RA 7076 PD 1899
RA 8550
Watershedbased concept
PD 1586: The Philippine EIS System (1978) Section 1. Policy – It is hereby declared the policy of the State to attain and maintain a rational and orderly balance between socioeconomic growth and environmental protection. NEXT
Implementing Rules and Regulations (IRR) for the Philippine Environmental Impact Statement (EIS) System 1982 IRR DENR DAO 21-92 DENR DAO 96-37 DENR DAO 03-30
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
Sec. 4 : Pursuant to the above enunciated policies and goals, all agencies and instrumentalities of the national government, including GOCCs, as well as private corporations, firms and entities shall prepare, file and include in every action, project or undertaking which significantly affects the quality of the environment a detailed statement on: a. The environmental impact of the proposed action, project or undertaking;
What is an Environmental Impact Assessment (EIA)? EIA is the process of predicting the likely environmental consequences of implementing a project or undertaking, and designing appropriate preventive, mitigating and enhancement measures.
EIA provides options for the project to be implemented with assurance that the quality of the environment and well-- being of people well will be safesafe- guarded. Hence, EIA is a planning tool.
Real Purpose of EIA To aid the proponent/applicant on environmental considerations prior to starting construction works on the project To aid agencies in considering EIA results in their decision making for their respective permitting system
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.
If the project is an ECP, an EIS document will have to be submitted. It will be the Environmental Management Bureau (EMB-Manila) that has jurisdiction on the matter. In other words, a project that is categorized as an ECP falls under the authority of the EMB and must follow the steps identified with the preparation of an EIS.
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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).
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ECAs (Environmentally Critical Areas) • All areas declared by law as national parks, watershed reserves, wildlife preserves, and sanctuaries • Aesthetic potential tourist spots • Habitat for endangered or threatened species of Philippine wildlife • Unique historic, archaelogical or scientific interest
ECAs
• Areas frequently visited by natural calamities
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
SCOPE OF THE EIS SYSTEM The Philippine EIS System NON--COVERAGE NON
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
What’s new about documentary requirements Standardized and customized based on project type
formulation of project specific scoping checklists current trust to formulate Sectoral IEE checklists
Customized based status of implementation
Environmental Performance Report and Management Plan (EPRMP) is required for existing projects for expansion
General provision to focus on significant environmental impacts for specific project type in specific location
STEPS IN SECURING AN ECC 1. Determine if the proposed project is within the EIS System a) Submit a Project Brief. Brief. If not within the system, secure CNC from EMB or EMB Regional Office b) If covered by the EIS System, determine whether ECP or ECA ECA::
ECP -----> > EIS -------> > EMB ECA -----> > IEE ----> ----> EMB RO IEE Checklist
STEPS IN SECURING AN ECC 2. List of Requirements: If not covered, a) Project Description Report b) Zoning Certification c) Vicinity Map d) Lot Title/s
STEPS IN SECURING AN ECC 3. List of Requirements: If covered, a) Duly Notarized EIS/IEE/Checklists. b) Zoning Certification c) Vicinity Map, Site Dev. Plan/Topo Plan/Topo Map, etc. d) Proof of Ownership (Lot Title, etc.) e) Pictures of the place f) Others (Geological site scoping, etc.)
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 ECC is a document issued by the DENR/EMB after positive review of an ECC application, certifying that the Proponent has complied with all the requirements of the EIS system and has committed to implement its approved Environmental Management Plan. The ECC also provides guidance to other agencies and to LGUs on EIA findings and recommendations, which need to be considered in their respective decision-making process. The release of the ECC allows the project to proceed to the next stage of project planning, which is the acquisition of approvals from other government agencies and LGUs, after which the project can start implementation. BACK
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
Environmental Compliance Certificate (ECC), therefore, is a requirement of other laws under the mandate of other concerned government agencies…
Hence, not a permit…
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:
RA 85508550-Phil. Fisheries Code Section 12 Environmental Impact Statement (EIS) All government agencies as well as private corporations, firm and entities who intend to undertake activities or projects which will affect the quality of the environment shall be required to prepare a detailed Environmental Impact Statement (EIS) prior to undertaking such development activity. The preparation of the EIS shall form an integral part of the entire planning process pursuant to the provisions of Presidential Decree No. 1586 as well as its implementing rules and regulations.
Examples:
BP 220220-Law on Socialized Housing Board Res. No. RR-700 Series of 2001 (Revised IRR for BP 220) Section 11. Application for Approval of Subd. Devt. Every registered owner or developer of a parcel of land who wishes to convert the same into a subd. Project shall apply with the HLURB (now devolved with LGU, RA7160) concerned for approval of the subd. Devt. Plan by filing the following: B. For application for subdivision Development Permit 8) Certified true copy of the ECC or CNC, whichever is applicable, duly issued by the DENR….
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:
Principle of primacy of jurisdiction of other government agencies must be given due consideration to further streamline the Philippine EIS System implementation
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).
THEORETICAL AND LEGAL FRAMEWORK:
PHILIPPINE LAWS ON ENVIRONMENTAL PROTECTION Sustainable SOCIO ECONOMIC GROWTH
(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
Housing Mining Fisheries
THEORETICAL AND LEGAL FRAMEWORK: PHILIPPINE LAWS ON ENVIRONMENTAL PROTECTION
Sustainable SOCIO ECONOMIC GROWTH
(SD)
ENVIRONMENTAL PROTECTION
Development
PROJECT
EMB Thru PD 1586 (ECC)
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
Housing Mining Fisheries
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: • • • •
Compliance Monitoring by EMB Self--Monitoring by Establishments Self Monitoring by 3rd Party Auditors Monitoring by MMT
VIII. MONITORING For projects with EIS document, the Proponent is required to organize a MultiPartite Monitoring Team (MMT).
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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
OBJECTIVES OF THE MMT
Encourage public participation greater stakeholders’ vigilance provide appropriate check and balance mechanisms in the monitoring of the project implementation
FUNCTIONS OF THE MMT
Monitor project compliance with the: • • •
Environmental Management Plan (EMP) Conditions set in the ECC Note: Permits issued by concerned agencies shall be monitored by their respective representative who are members of the MMT
Gather relevant information • •
determination of causes of damages to validate public complaints or concerns about the project
Prepare, integrate and disseminate monitoring status reports and submit recommendations to the DENR (EMB) Monitor implementation of community/IEC plans/programs
Thank You…
ENGR. NESTOR V. PATNUGOT OIC, Legal and Environmental Education Division EMB XI
[email protected]
