Philippine Environmental Policy

PHILIPPINE ENVIRONMENTAL POLICY (P.D. 1151) AND ESTABLISHING AN ENVIRONMENTAL IMPACT STATEMENT SYSTEM (P.D. 1586) PHILIPPINE ENVIRONMENTAL POLICY (P.D. 1151)

I.

DECLARATION OF POLICY

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 environmental quality that is conducive to a life of dignity and well-being. II.

GOALS

In pursuing this policy, it shall be the responsibility of the Government, in cooperation with concerned private organizations and entities, to use all practicable means, consistent with other essential considerations of national policy, in promoting the general welfare to the end that the Nation may: (a) recognize, discharge and fulfill the responsibilities of each generation as trustee and guardian of the environment for succeeding generations, (b) assure the people of a safe, decent, healthful, productive and aesthetic environment, (c) encourage the widest exploitation of the environment without degrading it, or endangering human life, health and safety or creating conditions adverse to agriculture, commerce and industry, (d) preserve important historic and cultural aspects of the Philippine heritage, (e) attain a rational and orderly balance between population and resource use, and (f) improve the utilization of renewable and non-renewable resources. III.

THE ENVIRONMENTAL IMPACT STATEMENTS (EIS)

Environmental Impact Statement (EIS) - document, prepared and submitted by the project proponent and/or EIA Consultant that serves as an application for an ECC. It is a comprehensive study of the significant impacts of a project on the environment. It includes an Environmental Management Plan/Program that the proponent will fund and implement to protect the environment. The following entities are required to submit EIS

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All agencies and instrumentalities of the national government GOCC’s private corporations private firms and entities

Contents of the EIS (a) the environmental impact of the proposed action, project or undertaking (b) any adverse environmental effect which cannot be avoided should the proposal be implemented; (c) alternative to the proposed action; (d) a determination that the short-term uses of the resources of the environment are consistent with the maintenance and enhancement of the long-term productivity of the same; and (e) whenever a proposal involve the use of depletable or non-renewable resources, a finding must be made that such use and commitment are warranted. Before an environmental impact statement is issued by DENR, all agencies having jurisdiction over, or special expertise on, the subject matter involved shall comment on the draft environmental impact statement made by the lead agency within thirty (30) days from receipt of the same. ESTABLISHING AN ENVIRONMENTAL IMPACT STATEMENT SYSTEM (P.D. 1586) To further strengthen and develop the EIS, PD No. 1586 establishes the Philippine Environmental Impact Statement System. PHILIPPINE ENVIRONMENTAL IMPACT STATEMENT SYSTEM Philippine Environmental Impact Statement System is a system-oriented and integrated approach to the EIS system to ensure a rational balance between socio-economic development and environmental protection for the benefit of present and future generations. PEIS consists of the Environmental Impact Assessment process, which is mandatory for private or public projects that may significantly affect the quality of the environment. It involves evaluating and predicting the likely impacts of the project on the environment, designing appropriate . Section 4. Presidential Proclamation of Environmentally Critical Areas and Projects. The President of the Philippines may, on his own initiative or upon recommendation of the National Environmental Protection Council, 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 environmentally critical project or area without

first securing an Environmental Compliance Certificate issued by the President or his duly authorized representative….” THE ENVIRONMENTAL COMPLIANCE CERTIFICATE Environmental Compliance Certificate (ECC) is a document issued by the DENR/EMB after a positive review of an ECC application, certifying that based on the representations of the proponent, the proposed project or undertaking will not cause significant negative environmental impact. The ECC also certifies 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 contains specific measures and conditions that the project proponent has to undertake before and during the operation of a project, and in some cases, during the project’s abandonment phase to mitigate identified environmental impacts.

THE ENVIRONMENTAL IMPACT ASSESSMENT PROCESS It is a process that involves predicting and evaluating the likely impacts of a project on the environment during construction, commissioning, operation and abandonment. It also includes designing appropriate preventive, mitigating and enhancement measures addressing these consequences to protect the environment and the community’s welfare. EIA process must have been able to predict the likely impact of the reclamation project to the environment and to prevent any harm that may otherwise be caused.

STAGES AND PROCEDURE OF THE ENVIRONMENTAL IMPACT ASSESSMENT PROCESS

SCREENING Determines if a project is covered or not covered by the PEISS. If a project is covered, screening further determines what document type the project should prepare to secure the needed approval, and what the rest of the requirements are in terms of EMB office of application, endorsing and decision authorities, duration of processing. SCOPING It identifies the most significant issues/impacts of a proposed project, and delimits the extent of baseline information to those necessary to evaluate and mitigate the impacts. Scoping is also done with the local community through Public Scoping and with a third party EIA Review Committee through Technical Scoping, both with the participation of the DENR-EMB. The process results in a signed Formal Scoping Checklist by the review team, with final approval by the EMB Chief. EIA Study This involves the description of the proposed project and its alternatives, characterization of the project environment, impact identification and prediction, evaluation of impact significance, impact mitigation, formulation of Environmental Management and Monitoring Plan with corresponding cost estimates and institutional support commitment. The study results are presented in an EIA Report for which an outline is prescribed by EMB for every major document type. Review of EIA Reports This entails the EMB procedural screening for compliance with the minimum requirements specified during Scoping, followed by a substantive review of either composed third party experts. EMB evaluates the EIARC recommendations and the public’s inputs during public consultations or hearings in the process of recommending a decision on the application. The EIARC Chair signs EIARC recommendations including issues outside the mandate of the EMB. The entire EIA review and evaluation process is summarized in the Review Process Report of the EMB. Which includes a draft decision. Decision Making This involves evaluation of EIA recommendations and the draft of decision document, resulting to the issuance of an ECC, CNC or denial letter. When approved, a covered project is issued its ECC while an application of a non-covered project is issued a CNC. The ECC is transmitted to concerned Local Government Units for integration into their decision-making process.

Monitoring, Validation and Evaluation/Audit

Assesses the performance of the proponent against the ECC and its commitments in the Environmental Management and Monitoring Plans to ensure actual impacts of the project are adequately prevented or mitigated.