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Environmental

impact assessment
in the philippines
introduction
Definition and Fundamental Components

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Definition

Environmental Impact Assessment (EIA) is a


process of evaluating the likely environmental
impacts of a proposed project or development,
taking into account inter-related socio-economic,
cultural and human-health impacts, both beneficial
and adverse.
Although legislation and practice vary around
the world, the fundamental components of an EIA
would necessarily involve the following stages:

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Fundamental concepts

▣ Scoping
▣ Screening
▣ Assessment and evaluation of impacts and
development of alternatives
▣ Reporting the Environmental Impact Statement
(EIS) or EIA report
▣ Review of the EIS
▣ Decision-making
▣ Monitoring, compliance, enforcement and
environmental auditing.
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Environmental impact
assessment
Philippines

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Key laws

Presidential Decree No. 1151 Presidential Decree No. 1586


▣ PD 1151 was established to ▣ PD 1586 signed on June 11,
address the urgent need 1978, strengthened the EIS
to formulate an intensive required under PD 1511 by
and integrated program formalizing the
to protect the entire establishment of the
spectrum of the Philippine Environmental
environment. Impact Statement (EIS)
System.

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Presidential decree no. 1151
Philippine Environmental Policy

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

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Presidential Decree No. 1151

▣ It stipulates the requirement for an


environmental impact assessments and
statements to uphold the State’s policy.

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Section 2. Goal. 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.

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Presidential Decree No. 1151

Took note of the conflicting demands of:


▣ The individual
▣ Population growth
▣ Industrial expansion
▣ Rapid natural resource utilization
▣ Increasing technological advances

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Section 3. Right to a Healthy Environment. In furtherance of these
goals and policies, the Government recognizes the right of the people to
a healthful environment. It shall be the duty and responsibility of each
individual to contribute to the preservation and enhancement of the
Philippine environment.

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Section 4. Environmental Impact Statements. Pursuant to the above
enunciated policies and goals, all agencies and instrumentalities of the
national government, including government-owned or controlled
corporations, 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 detail statement.

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Presidential Decree No. 1151

The EIS shall provide detailed statement on:

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;

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Presidential Decree no. 1151

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.

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Presidential Decree No. 1586
Establishing an Environmental Impact Statement System, including
Other Environmental Management Related Measures and for
Other Purposes

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Section 2. Environmental Impact Statement System. There is hereby
established an Environmental Impact Statement System founded and
based on the environmental impact statement required, under 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.

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Presidential Decree No. 1586

▣ It was established on the basis of the regulatory


requirements of the Environmental Impact
Statement and Assessment instituted for
environmental protection.

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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.

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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.

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Presidential Decree No. 1586

▣ It introduced the concepts of Environmentally


Critical Projects (ECP) and Environmentally
Critical Areas (ECA) which under Section 4 of PD
1586, the President is empowered to declare
certain projects or areas, by his own initiative or
upon the recommendation of the National
Environmental Protection Council, as
“environmentally critical” and prohibits the
implementation or operation of these projects
without first securing an Environmental
Compliance Certificate (ECC).
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Presidential Proclamation
no. 2146 & 803
Proclaiming Certain Areas and Types of Projects as Environmentally
Critical and Within the Scope of the Environmental Impact
Statement System Established Under PD 1586

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Presidential proclamation no. 2146

ENVIRONMENTALLY CRITICAL PROJECTS


Heavy Resource Extractive Infastructure Golf-
Industries Industries Projects Course
Projects
Non- Major mining and Major dams
ferrous quarrying projects
metal Major power
industries Forestry projects plants (fossil-
a. Logging fueled, nuclear
b. Major wood processing projects
Iron and c. Introduction of fauna (exotic- fueled,
steel mills animals) in public/private forests hydroelectric
d. Forest occupancy
e. Extraction of mangrove products
or geothermal)
f. Grazing

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Presidential proclamation no. 2146

ENVIRONMENTALLY CRITICAL PROJECTS


Heavy Resource Extractive Infastructure Golf-
Industries Industries Projects Course
Projects
Petroleum Fishery Projects Major
and petro- a. Dikes for/and fishpond reclamation
development projects
chemical projects
industries
including Major roads
oil and gas and bridges

Smelting
plants

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Presidential proclamation no. 2146

ENVIRONMENTALLY CRITICAL AREAS


All areas declared by law as national parks, watershed reserves,
wildlife preserves and sanctuaries;

Areas set aside as aesthetic potential tourist spots;

Areas which constitute the habitat for any endangered or threatened


species of indigenous Philippine Wildlife (flora and fauna);

Areas of unique historic, archaeological, or scientific interests;

Areas which are traditionally occupied by cultural communities or


tribes;

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Presidential proclamation no. 2146

ENVIRONMENTALLY CRITICAL AREAS


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;

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Presidential proclamation no. 2146

ENVIRONMENTALLY CRITICAL AREAS


Water bodies characterized by one or any combination of the
following conditions:
a. tapped for domestic purposes
b. within the controlled and/or protected areas declared by
appropriate authorities
c. which support wildlife and fishery activities

Mangrove areas characterized by one or any combination of the


following conditions:
a. with primary pristine and dense young growth;
b. adjoining mouth of major river systems;
c. near or adjacent to traditional productive fry or fishing grounds;

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Presidential proclamation no. 2146

ENVIRONMENTALLY CRITICAL AREAS


a. which act as natural buffers against shore erosion, strong winds
and storm floods;
b. on which people are dependent for their livelihood.

Coral reefs characterized by one or any combinations of the


following conditions:
a. With 50% and above live coralline cover;
b. Spawning and nursery grounds for fish;
c. which act as natural breakwater of coastlines.

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The implementing rules
and regulations (IRR) of PD
1586
DAO No. 21, series of 1992 (DAO 92-21)
DAO No. 37, series of 1996 (DAO 96-37)
DAO No. 30, series of 2003 (DAO 03-30)

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DAO No. 21, series of 1992 (DAO 92-21)

▣ Lodged the issuance of the ECC for ECAs to the


DENR Regional Offices.
▣ Consultations with the majority of the
stakeholders and to a wider community shall
serve as venue to determine social acceptability
of projects and bases for the possible reforms in
the EIA System.

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DAO No. 37, series of 1996 (DAO 96-37)

▣ Strengthened the implementation of the


Environmental Impact Statement (EIS) System
established under PD 1586 and promulgated
revisions on the DAO 92-21.
▣ Uphold the balance between socioeconomic
growth and environmental protection.
▣ Adopts the ECPs and ECAs identified in PP 2146.
It also identifies projects and undertakings not
covered by the EIS System.

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DAO No. 30, series of 2003 (DAO 03-30)

▣ Established to streamline the implementation of


the EIS System in the country to make it a more
effective planning and management tool.
▣ It further classifies the projects and areas to be
covered by the EIS System into four categories:
1. Category A. Environmentally Critical Projects (ECPs) with
significant potential to cause negative environmental
impacts;
2. Category B. Projects that are not categorized as ECPs, but
which may cause negative environmental impacts because
they are located in Environmentally Critical Areas (ECA’s);

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DAO No. 30, series of 2003 (DAO 03-30)

3. Category C. Projects intended to directly enhance


environmental quality or address existing environmental
problems not falling under Category A or B.
4. Category D. Projects unlikely to cause adverse
environmental impacts.

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Environmental
compliance certificate

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Environmental compliance certificate

Environmental Compliance Certificate (ECC) is an


application decision document issued to the
proponent after thorough review of the EIA Report.
It outlines the commitments of the proponent which
are necessary for the project to comply with existing
environmental regulations or to operate within the
best environmental practice that are not currently
covered by existing laws.

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Environmental compliance certificate

Once project is implemented, ECC remains valid


and active for the lifetime of the project (unless
otherwise specified); the continued validity of the
ECC sustains the active commitments of the
Proponent to comply with ECC conditions and with
environmental regulations, if not implemented
within 5 years from issuance, the ECC expires.

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adjourned!

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