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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)
- PD 1152
Water Solid Forestry & Agriculture Zoning Water Air Housing Mining Fisheries
Usage Waste Protected Pesticides Pollution Pollution
Areas
PERMITS/CLEARANCES
From concerned government agencies
THEORETICAL AND LEGAL FRAMEWORK: PHILIPPINE LAWS ON ENVIRONMENTAL PROTECTION
Sustainable
SOCIO ECONOMIC GROWTH
(SD ENVIRONMENTAL PROTECTION
)Development
PROJECT
Water Solid Forestry & Agriculture Zoning Water Air Housing Mining Fisheries
Usage Waste Protected Pesticides Pollution Pollution
Areas
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
34
ECPs
Heavy Industries
• Non-
Non-ferrous metal industries
• Iron and steel mills
• Petroleum and petro-
petro-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.
37
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
NON--COVERAGE
NON COVERAGE
52
ENVIRONMENTAL
COMPLIANCE
CERTIFICATE
(ECC)
53
Section 4, PD 1586
RA 7942-
7942-PMA
Section 70
Environmental Impact Assessment (EIA)
RA 7586-
7586-NIPAS ACT
Section 12
Environmental Impact Assessment (EIA)
RA 8550-
8550-Phil. Fisheries Code
Section 12
Environmental Impact Statement (EIS)
BP 220-
220-Law on Socialized Housing
Board Res. No. R- R-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:
63
Primacy of Jurisdiction:
- PD 1152
Water Solid Forestry & Agriculture Zoning Water Air Housing Mining Fisheries
Usage Waste Protected Pesticides Pollution Pollution
Areas
PERMITS/CLEARANCES
From concerned government agencies
THEORETICAL AND LEGAL FRAMEWORK: PHILIPPINE LAWS ON ENVIRONMENTAL PROTECTION
Sustainable
SOCIO ECONOMIC GROWTH
(SD)
ENVIRONMENTAL PROTECTION
Development
PROJECT
Water Solid Forestry & Agriculture Zoning Water Air Housing Mining Fisheries
Usage Waste Protected Pesticides Pollution Pollution
Areas
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 Multi-
Partite Monitoring Team (MMT).
72
MULTI-PARTITE MONITORING
MULTI-
TEAM (MMT)
An MMT is a committee tasked
to make decisions regarding
monitoring issues,
plans and strategies