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OVERVIEW OF THE

ENVIRONMENTAL IMPACT
ASSESSMENT PROCESS
(PD 1586)
(DENRs 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.
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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.
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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 ENVTL PROTECTION:

Dept. of Natural Resources

Dept. of Agriculture
Dept. of Local Govt and Community Devt.
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.
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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
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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

Whats 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)
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ENVIRONMENTAL
COMPLIANCE
CERTIFICATE
(ECC)
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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
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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
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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.
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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

totialpha@yahoo.com