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Philippine Environmental Impact Statement System

The document discusses the Philippine Environmental Impact Statement System established through Presidential Decree No. 1586. The decree created an environmental impact statement system to reconcile socio-economic development projects with environmental protection. It requires proponents of projects that could significantly affect the environment to prepare an Environmental Impact Statement. The statement identifies the project's expected impacts and mitigation measures. It must be submitted and approved to obtain an Environmental Compliance Certificate, which certifies the project's environmental soundness. The decree aims to achieve a balance between development and environmental conservation in the Philippines.

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0% found this document useful (0 votes)
747 views27 pages

Philippine Environmental Impact Statement System

The document discusses the Philippine Environmental Impact Statement System established through Presidential Decree No. 1586. The decree created an environmental impact statement system to reconcile socio-economic development projects with environmental protection. It requires proponents of projects that could significantly affect the environment to prepare an Environmental Impact Statement. The statement identifies the project's expected impacts and mitigation measures. It must be submitted and approved to obtain an Environmental Compliance Certificate, which certifies the project's environmental soundness. The decree aims to achieve a balance between development and environmental conservation in the Philippines.

Uploaded by

Mj Villafania
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Philippine Environmental

Impact Statement System


CONTENTS

01 OVERVIEW
PHILIPPINE ENVIRONMENTAL IMPACT STATEMENT

02
THE ENVIRONMENTAL IMPACT SYSTEM STATEMENT

03 PRESIDENTIAL DECREE No. 1586


ESTABLISHING AN ENVIRONMENTAL IMPACT STATEMENT SYSTEM, INCLUDING OTHER
ENVIRONMENTAL MANAGEMENT RELATED MEASURES AND FOR OTHER PURPOSES

04
DENR Administrative Order
No. 2003-30

05 SIGNIFICANCE
started its business in Seoul Korea in February 1998 with the fundamental goal of providing better
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Are you sure that you’re living with environmentally
safe surroundings?
In the Philippines, we have Environmental Impact Statement System under
Presidential Decree 1586, ratified on June 11, 1978. The main objective of
this law is to maintain the balance between the environment and the
socio-economic development of the country. It aims to protect the
environment despite the increasing demand of natural resources and
development to attain sustainability.

Through EIS, the likely adverse ecological impact of the project that might
occur will properly be mitigated. It is also for the benefit of the people in the
community that will be affected if the project will cause negative impact on
the environment.
SIGNIFICANCE

The strong yet delicate relationship between the economy


and the environment has always been a subject of discussion.

To attain sustainable development, economic agents and natural


resource managers must strive to strike a balance between
economic activities and the use of the country’s natural
resources.

Most production activities require inputs from the natural


resource base, be it minerals, land, water, forest products, and
fishes.
This is true for all sectors, including agriculture. The level of
availability of natural resources influences the price of the
economic good, and thus affects the level of its production and
supply in the market.

Resources become depleted as a result of economic


activities due to many causes such as extracting beyond their
maximum sustainable yield, weak property rights, public good
nature of the resources, the lack of regulation, and inappropriate
pricing due to subsidies.
INTRODUCTION

The Philippine Environmental Impact Statement System was


formalized in PD 1586 known as “Establishing the Environmental
Impact Statement Systems including other Environmental
Management and Related Measures in 1978.”

In particular, Section 4 of the law provides that no person,


partnership or corporation shall undertake or operate any such
declared environmentally critical project or area without first
securing an Environmental Compliance Certificate (ECC).

Today, an ECC is a document issued by the Department of


Environment and Natural Resources (DENR) certifying that the
project has complied with the EIS system and has committed to
implement its approved Environmental Management Plan to
address the environmental impacts it will generate (DENR-EMB,
2014).
Certificate of Non-Coverage – a certification issued by the EMB
certifying that, based on the submitted project description, the
project is not covered by the EIS System and is not required to
secure an ECC.

Environmental Compliance Certificate (ECC) - 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
Every proposed environmentally critical project or project
located in environmentally critical area shall prepare an
Environmental Impact Statement to justify why the project
should be implemented

The Environmental impact Statement contains the predicted impact


which is most likely to occur and affect the environment and the
surrounding communities as well. Along with it are the proper
mitigation or environmental measures to minimize if not prevented the
said negative impacts to the environment.

It covers the monitoring program for different environmental media


such as air, water, soil and development program for the existing
community. Upon the approval of the EIS, Environmental Compliance
Certificate will be issued by the Environmental Management Bureau.

The permits like Environmental Compliance Certificate or Certificate


of Non-Coverage that will be issued by the DENR-EMB will certify
that the project is environmentally safe.
Land Sector
• Land use and classification
• Geology/Geomorphology
• Pedology
• Terrestrial ecology

Water Sector
• Hydrology/Hydrogeology
• Oceanography
• Water Quality
• Ecology (freshwater/marine)

Air Sector
• Meteorology/Climatology
• Air Quality (and noise)

People Sector
• Displacement/migration
• Culture/Lifestyle
• Basic services/resources/health
• Benefits
THE ENVIRONMENTAL IMPACT SYSTEM STATEMENT
A. Environmental Impact Assessment

Environmental impact assessment (EIA) is the process of identifying, predicting,


evaluating and mitigating the biophysical, social and relevant socio-economic
effects of development proposals or activities before decision are being made for
their approval. EIA is required to ensure that environmental considerations are
taken into account in the decisions to implement the projects, such that the
adverse significant effects of the proposed projects are anticipated, avoided or
offset. EIA also ensures that the productivity and capacity of the natural systems
and the ecological process are protected. Involvement and input of communities
and stakeholders that will be affected by the proposed project will be ensured in
the process.

EMB MC 005 of 2014 formally defines EIA as “the process that involves evaluating
and predicting the likely impacts of a project (including cumulative impacts) 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”.

Thus, EIA is the government’s tool for sustainable development. The long term
objectives of the EIA is therefore to protect human health, avoid irreversible
changes and serious damage to the environment thereby safeguarding natural
Environmental Impact Assessment (EIA) – process that involves
evaluating and predicting the likely impacts of a project (including
cumulative impacts) 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. The process is undertaken
by, among others, the project proponent and/or EIA Consultant,
EMB, a Review Committee, affected communities and other
stakeholders.

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.
LEGISLATIVE FRAMEWORK

• Presidential Decree (PD) 1151


Philippine Environmental Policy of 1977
• Presidential Decree (PD) 1586
Establishment of Philippine Environmental
Impact Statement System (1978)
• Presidential Decree (PD) 1152
Philippine Environment Code of 1977

Regulatory Framework

• Proclamation No. 2146 (1981)


Environmentally Critical Projects (ECPs)
Environmentally Critical Areas (ECAs)
• DENR Administrative Order 30 Series of 2003
(DAO 2003-30) – Implementing Rules and
Regulations for the PEISS
• Revised Procedural Manual
PRESIDENTIAL DECREE No. 1586

ESTABLISHING AN ENVIRONMENTAL IMPACT STATEMENT


SYSTEM, INCLUDING OTHER ENVIRONMENTAL MANAGEMENT
RELATED MEASURES AND FOR OTHER PURPOSES

The pursuit of a comprehensive and integrated environment


protection program necessitates the establishment and
institutionalization of a system whereby the exigencies of socio-
economic undertakings can be reconciled with the requirements
of environmental quality;
Section 1. Policy.

Attain and maintain a rational and orderly balance between socio-


economic growth and
environmental protection.

Section 2. Environmental Impact Statement System.

Section 4 of Presidential Decree No. 1151, of all agencies and


instrumentalities of the national government, including government-
owned or controlled corporations, as well as private corporations,
firms and entities, for every proposed project and undertaking which
significantly affect the quality of the environment.

Section 3. Determination of Lead Agency.

The Minister of Human Settlements or his designated representative


is hereby authorized to name the lead agencies which shall have
jurisdiction to undertake the preparation of the necessary
environmental impact statements on declared environmentally critical
projects and areas. All Environmental Impact Statements shall be
submitted to the National Environmental Protection Council for review
and evaluation.
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. For the proper management of said critical
project or area, the President may by his proclamation reorganize such
government offices, agencies, institutions, corporations or instrumentalities
including the re-alignment of government personnel, and their specific functions
and responsibilities.

For the same purpose as above, the Ministry of Human Settlements shall: (a)
prepare the proper land or water use pattern for said critical project(s) or area
(s); (b) establish ambient environmental quality standards; (c) develop a program
of environmental enhancement or protective measures against calamituous
factors such as earthquake, floods, water erosion and others, and (d) perform
such other functions as may be directed by the President from time to time.
Section 5. Environmentally Non-Critical Projects.

All other projects, undertakings and areas not declared by the


President as environmentally critical shall be considered as non-
critical and shall not be required to submit an environmental impact
statement. The National Environmental Protection Council, thru the
Ministry of Human Settlements may however require non-critical
projects and undertakings to provide additional environmental
safeguards as it may deem necessary.

Section 6. Secretariat.

The National Environmental Protection Council is hereby authorized


to constitute the secretariat which will administer the EISS and
undertake the processing and evaluation of environmental impact
statements.

Section 7. Management and Financial Assistance.

The Ministry of Human Settlements is hereby authorized to provide


management financed from its existing appropriation or from
budgetary augmentation as the Minister of Human Settlements may
deem necessary.
Section 8. Rules and Regulations.

The National Environmental Protection Council shall issue the necessary


rules and regulations to implement this Decree. For this purpose, the
National Pollution Control Commission may be availed of as one of its
implementing arms, consistent with the powers and responsibilities of
the National Pollution Control Commission as provided in P.D. No. 984.

Section 9. Penalty for Violation.

Any person, corporation or partnership found violating Section 4 of this


Decree, or the terms and conditions in the issuance of the
Environmental Compliance Certificate, or of the standards, rules and
regulations issued by the National Environmental Protection Council
pursuant to this Decree shall be punished by the suspension or
cancellation of his/its certificate or and/or a fine in an amount not to
exceed Fifty Thousand Pesos (P50,000.00) for every violation thereof,
at the discretion of the National Environmental Protection Council.
Section 10. Environmental Revolving Fund.

Proceeds from the penalties prescribed in the preceding Section 9


and other penalties imposed by the National Pollution Control
Commission as authorized in P.D. 984, shall be automatically
appropriated into an Environment Revolving Fund hereby created as
an exemption to P.D. 711 and P.D. 1234.

The fund shall be used exclusively for the operation of the National
Environmental Protection Council and the National Pollution Control
Commission in the implementation of this Decree. The rules and
regulations for the utilization of this fund shall be formulated by the
Ministry of Human Settlements and submitted to the President for
approval.
Implementing Rules and Regulations (IRR) for the
Philippine Environmental Impact Statement (EIS)
System

Philippine Environmental Impact Statement (EIS) System established


under
Presidential Decree (PD) No. 1586, Presidential Proclamation No. 2146
defining the scope of the EIS System and pursuant to
Administrative Order No. 42 issued by the Office of the President on
November 2, 2002.
Generic EIA Process

• screening/scoping
• baseline studies
• impact identification
• impact prediction
• impact evaluation/EMP
• monitoring/feedback mechanism
• Documentation (EIS)
Coverage of the Philippine EIS System

In determining the scope of the EIS System, two factors are considered: (i)
the nature of the project and its potential to cause significant negative
environmental impacts, and (ii) the sensitivity or vulnerability of
environmental resources in the project area.

The PEISS covers projects that have adverse effects on the environment.
Following PP 2146, the activities are classified either under Category A or
Environmentally Critical Projects (ECPs) or Category B for projects located
in Environmentally Critical Areas. Projects falling under these categories will
require Environmental Compliance Certificate (ECC).

Environmentally Critical Projects are those that have high potential


significant negative impact. This has four (4) major types: (1) heavy
industries including iron and steel mills, non-ferrous metal industries,
petroleum and petrochemical industries and smelting plants; (2) resource
extractive industries such as mining and quarrying, forestry (involving
extraction harvesting, and/or processing of timber and other forest
products on a commercial scale), and dikes for/and fishpond development
projects (3) infrastructure projects including dams, reclamation projects,
roads and bridges, and power plants; and (4) golf course projects.
The specific criteria for determining projects or undertakings to be covered
by the EIS System are as follows:

a. Characteristics of the project or undertaking


• Size of the project
• Cumulative nature of impacts vis-à-vis other projects
• Use of natural resources
• Generation of waste and environment-related nuisance
• Environment-related hazards and risk of accidents

b. Location of the Project


• Vulnerability of the project area to disturbances due to its ecological
importance, endangered or protected status
• Conformity of the proposed project to existing land use, based on
approved zoning or on national laws and regulations
• Relative abundance, quality and regenerative capacity of natural
resources in the area, including the impact absorptive capacity of the
environment

c. Nature of the potential impact


• Geographic extent of the impact and size of affected population
• Magnitude and complexity of the impact
• Likelihood, duration, frequency, and reversibility of the impact
Criteria for EIS coverage
o Characteristics of the Project
o Project Location
o Nature of the Potential Impact

Categories of Projects under PEISS


• A – ECP
• B – Project within ECA
• C – Project that enhances env
• D – Project unlikely to cause significant adverse env impact

Environmentally Critical Projects (ECPs)


• Heavy industries
• Resource Extractive Industries
• Infrastructure Projects
• Golf courses
Environmentally Critical Areas (ECAs)

• Areas declared by law as national parks, watershed reserves, wildlife


preserves & sanctuaries
• Areas set aside as aesthetic potential tourist spots
• Areas which constitute the habitat for endangered/threatened species of
indigenous Phil. Wildlife (flora & fauna)
• Areas of unique historic, archaeological, or scientific interests
• Areas which are traditionally occupied by cultural communities
• Areas frequently visited and/or hard-hit by natural calamities, geologic
hazards, floods, typhoons, volcanic activity, etc.
• Areas with critical slopes
• Areas classified as prime agricultural lands
• Recharged areas of aquifers
• Water bodies
• Mangrove
• Coral reefs
Review Criteria

• Clarity
• Balance
• Accuracy & Precision
• Consistency
• Responsiveness

Social Acceptability

• Social preparation
• Scoping process
• Public consultation
• Public hearing/s
• Public participation

Monitoring Phase
• Multi-partite Monitoring Team
• Environmental Monitoring Fund
• Environmental Guarantee Fund
CONCLUSION AND POLICY IMPLICATIONS

The rich natural resources of the country is both a boon and a


bane. The opportunities that these resources can provide for
socio-economic development is tempered by the realization that if
left unchecked, its utilization will have negative environmental
impacts that has long-term and sometimes irreversible
consequences. The solid legal basis of the PEISS provides for a
strong regulatory framework that must be strictly followed for
sustainable development. Continued updating of the IRR of the
PEISS to take into consideration the many developments should be
done. The balancing of economic opportunities and resource
extraction will remain a challenge for the regulators. The agriculture
sector, both user of these resources and absorber of the adverse
impacts of heavy resource-extracting activities, should be
protected at all times.
THANK YOU
BY: Mary Josephine V. Hernandez
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