by: dante t. ramos - wordpress.com · environmental management and monitoring plans. ... eia review...
TRANSCRIPT
• Section 1. (Amended Sec. 7 of PD No. 3)
The provisions of any law to the contrary
notwithstanding, the reclamation of areas under water,
whether foreshore or inland, shall be limited to the National
Government or any person authorized by it under a proper
contract.
All reclamation made in violation of this provision shall
be forfeited to the State without need of judicial action.
• Charter of the Public Estates Authority
• Granted PEA the power, among others to reclaim land,
including foreshore and submerged areas, by
dredging, filling or other means, or to acquire
reclaimed land [Secs. 4(a), 5(j)]
• SECTION 1 - The Public Estates Authority (PEA) shall be
primarily responsible for integrating, directing, and
coordinating all reclamation projects for and on behalf of the
National Government. All reclamation projects shall be
approved by the President upon recommendation of the PEA,
and shall be undertaken by the PEA or through a proper
contract executed by it with any person or entity; provided,
that, reclamation projects of any National Government
agency or entity authorized under its Charter shall be
undertaken in consultation with the PEA upon approval of the
President.
• Transformed PEA into the Philippine
Reclamation Authority (PRA).
• PRA shall perform all the powers and functions
of the PEA relating to reclamation activities.
• Delegated to the Philippine Reclamation
Authority the power of the President to approve
reclamation projects subject to:
• compliance with existing laws and rules and
• the condition that reclamation contracts to be
executed with any person or entity shall go
through public bidding.
• Defined the responsibilities of the DENR and PRA in the
approval and implementation of reclamation projects
nationwide
• PRA –
• approves all reclamation projects on behalf of the President subject to
compliance with existing laws and rules
• Monitors and supervises the implementation of the project
• DENR –
• Issues, upon request of PRA, the permit authorizing/clearing a particular
area to be the site of the proposed reclamation project (Area Clearance)
• Processes application for ECC for the project
• Undertakes survey of reclaimed land
• Issues Special Patent for reclaimed land preparatory to issuance of titles
• SECTION 3. No reclamation projects shall be undertaken by all the entities covered under Section 2 hereof without the prior permit and approval thereof by the PRA or the President of the Philippines (President). Other than the PRA or the President, there is no other government agency or local government units which is authorized to approve reclamation projects.
• PRA AO 2007-2 applies to:
• Reclamation undertaken by persons or entities with original authority to reclaim under existing laws:
• (a) Cities and provinces using their own funds authorized under Republic Act No. 7160 otherwise known as the 1991 Local Government Code of 1991;
• (b) Government agencies and instrumentalities and government owned and/or controlled corporations authorized to reclaim under their charters or other existing laws (e.g. PPA, LLDA, DOT, BCDA, DPWH)
• Reclamation Projects of persons or entities authorized to reclaim through a proper contract with PRA.
(The Philippine Environmental Impact Statement System: Framework, Performance
and Challenges, June 2007)
• Recognized the right of the people to a healthful
environment.
• Required all agencies and instrumentalities of the
national government, including GOCCs, as well as
private corporations firms and entities to prepare, file
and include a detailed Environmental Impact
Statement in every action, project or undertaking
which significantly affects the quality of the
environment
• Promulgated on June 11, 1978
• Declared Policy: To attain and maintain a rational and orderly
balance between socio-economic growth and environmental
protection
• Empowered the President to declare certain areas and projects
as environmentally critical
• Established the Environmental Impact Statement System in the
Philippines which mandates that no person, partnership or
corporation shall undertake or operate any declared
environmentally critical project or project within an
environmentally critical area without first securing an
Environmental Compliance Certificate
• Promulgated on December 14, 1981
• Defined the projects falling within the
scope of the EISS
•Environmentally –critical projects
• Projects located in environmentally
critical areas
• Consolidated previous issuances to simplify the
system
• Emphasized preparation of an environmental
management plan (EMP) as a component of the EIS
• Incorporated use of environmental management
system-derived EMP for projects operating without
ECC or those with ECC but expanding operation
• Emphasized use of EIA as a planning tool
• Issued pursuant to Section 8.1 of DAO 2003-30, which
prescribes a Manual of Procedures for the processing of
applications for Environmental Compliance Certificates (ECCs)
and Certificates of Non-Coverage (CNCs)
• Integrates new DENR-EMB policies to further promote EIA as a
planning and decision-making tool, foremost of which is the
segregation from the EIA process of the practice of prior
submission of permits, clearances, licenses, endorsements,
resolutions and other government approvals within the
jurisdiction of other National Government Agencies and Local
Government Units which can pre-empt the EIA evaluation
process.
• A process that involves predicting and evaluating the likely impacts of a project (including cumulative impacts) on the environment during construction, commissioning, operation and abandonment.
• It includes designing appropriate preventive, mitigating and enhancement measures addressing these consequences to protect the environment and the community's welfare.
(REVISED PROCEDURAL MANUAL FOR DAO 2003-30)
• Enhance planning and guide decision-making.
• Integrate environmental concerns in the planning process
of projects at the feasibility stage.
• Reduce adverse environmental impacts of proposed
actions thru a reiterative review process of project siting,
design and other alternatives, and the formulation of
environmental management and monitoring plans.
• 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. (REVISED PROCEDURAL MANUAL FOR DAO 2003-30)
1. Heavy Industries
• Non-ferrous metal industries
• Iron and steel mills
• Petroleum and petrochemical industries
including oil and gas
• Smelting plants
2. Resource Extractive Industries
• Major mining and quarrying projects
• Forestry projects
• Logging
• Major wood processing projects
• Introduction of fauna (exotic-animals) in public/private forests
• Forest occupancy
• Extraction of mangrove products
• Grazing
• Fishery Projects
• Dikes for /and fishpond development projects
3. Infrastructure Projects
• Major dams
• Major power plants (fossil-fueled, nuclear-
fueled, hydroelectric or geothermal)
• Major reclamation projects
• Major roads and bridges
4. Golf Courses (under Presidential Proclamation
300)
• Section 3. Prior to the implementation of the
duly approved reclamation projects, the
Environmental Compliance Certificate (ECC)
shall be secured from DENR and that no
reclamation works shall commence without the
required ECC.
(Executive Order No. 672, October 19, 2007)
1. All areas declared by law as national parks, watershed
reserves, wildlife preserves and sanctuaries
2. Areas set aside as aesthetic potential tourist spots
3. Areas which constitute the habitat for any endangered or
threatened species of indigenous Philippine Wildlife (flora and
fauna)
4. Areas of unique historic, archaeological or scientific interests
5. Areas which are traditionally occupied by cultural
communities or tribes
6. Areas frequently visited and/or hard-hit by natural
calamities, geologic hazards, floods, typhoons, volcanic activity,
etc.
7. Areas with critical slopes
8. Areas classified as prime agricultural lands
9. Recharge areas of aquifers
10. Water bodies characterized by one or any
combination of the following conditions:
• tapped for domestic purposes;
• within the controlled and/or protected areas
declared by appropriate authorities; and
• which support wildlife and fishery activities.
11. Mangrove areas characterized by one or any
combination or the following conditions:
• with primary pristine and dense young growth;
• adjoining mouth of major river systems;
• near or adjacent to traditional productive fry or
fishing grounds;
• act as natural buffers against shore erosion, strong
winds and storm floods; and
• people are dependent on them for their livelihood.
12. Coral reefs characterized by one or any combination of the following conditions:
• with 50 percent and above live coralline cover;
• spawning and nursery grounds for fish; and,
• which act as natural breakwater of coastlines
(Presidential Proclamation Nos. 2146 and 300)
(The Philippine Environmental Impact Statement System: Framework, Performance
and Challenges, June 2007)
• Project Screening
• EIA Study and Scoping
• Preparation and Conduct of the EIA
Study/Report
• Review and Evaluation
• Decision Making (Approval or Denial of ECC)
• Post ECC Monitoring , Validation and
Evaluation/Audit Stage
• Purpose: To determine if project will be subject
to EIA Process and secure an ECC
• EIA Process/ECC required if:
• Project is declared through Proclamations 2146 (1979) and
803 (1999) as environmentally critical project (i.e., one which
poses significant environmental impact)
• Project is to be located in environmentally critical area
declared through Pres. Proc. No. 2146 where significant
impacts are expected for certain types and thresholds of
proposed projects
• EIS and Scoping mandatory for Category A projects
• Category B projects are required to undergo only Initial Environmental Examination (IEE) unless found insufficient to address impacts after evaluation; Scoping is encouraged but not mandatorily required
• Public and concerned agencies are asked to comment on the purpose and need of the project, issues and impacts and mitigating measures
• Community inputs precede the Technical Scoping of the EIA Review Team with Proponent
• Proponent must conduct prior social preparation activities and provide LGUs and stakeholders with information, education and communication materials about the project
•Review Team Composition –
•EMB Case Handler
•Environmental Impact Assessment Review
Committee (EIARC) members
•Resource persons
•Proponent presents a project overview,
key issues & proposed TOR of EIA
Study.
•Review Team raises key issues on scope
of EIA Study, subject to Site &
Technical Scoping.
• Pro-forma Public Scoping Program/Guidelines are
presented to guide Proponent in preparation for
proper conduct of scoping.
•A public hearing is conducted to allow community
sectors to raise their issues to be addressed in the
EIA Study.
•A Pro-forma Listing of Community Issues is provided
for sign-off by key scoping participants as an input
to the Technical Scoping.
• EIA SPSC presented by the Proponent during
Project Briefing is reviewed, finalized and
signed by the Review Team and the
Proponent based on the results of the Public
Scoping
• Includes a description of the proposed project and
its alternatives along with the Environmental
Management and Monitoring Plan
• Should include participation of local stakeholders
as resource persons in primary data collection
• LGUs have to be consulted in drafting of Social
Development Plan, Information Education and
Communication Plan and Monitoring Plan, all
included in the EMP
• Undertaken by EMB
• Entails commissioning of third party experts and resource persons to form the Environmental Impact Assessment Review Committee
• Public disclosure of EIA findings mandatory through:
• Public Consultation
• Public Hearing
• May be waived by EMB per Proponent’s request in absence of mounting opposition or with valid basis
PEIS – Programmatic Environmental Impact Statement
EIS – Environmental Impact Statement
PEPRMP – Programmatic Environmental Performance Report and Management Plan
EPRMP - Environmental Performance Report and Management Plan
SV – Site Visit PH – Public Hearing PC – Public Consultation
• To ensure well-informed participation during the
hearing/consultation process, Proponent must
provide the following beforehand:
• Copies of full EIA Report to the host municipality/ies
• Copies of the Executive Summary to host barangay/s;
• Project Fact Sheets, written in the local dialect or mixed
with popularly known language of the host communities,
to other stakeholders
• That environmental considerations are
integrated into the overall project planning,
• That the assessment is technically sound and
proposed environmental mitigation measures
are effective, and
• That the EIA process is based on a timely,
informed and meaningful public participation of
potentially-affected communities.
(REVISED PROCEDURAL MANUAL FOR DAO 2003-30)
• Deciding authority • President/DENR Secretary or EMB-DENR Regional Office
• LLDA for projects in the Laguna Lake area (DAO 2004-61) except those within PEZA areas (DAO 2005-02)
• Must be based on:
• Striking balance between socio-economic growth and environmental protection
• Utilizing environmental and socio-economic criteria; and
• Respect and support for the primacy of jurisdiction of other Government agencies and LGUs
• If ECC/CNC is approved, it is endorsed to concerned authorities like LGUs and GAs to guide them in issuance of necessary permits/clearances
• Grant of Environmental Compliance
Certificate (ECC)
• Issuance of Certificate of Non-Coverage
(CNC)
• Issuance of Denial Letter
• Issued as a certificate of Environmental Compliance Commitment to which the Proponent conforms with, after DENR-EMB explains the ECC conditions.
• The Proponent signs a sworn undertaking of full responsibility over implementation of specified measures which are necessary to comply with existing environmental regulations or to operate within best environmental practices that are not currently covered by existing laws.
• Results from a positive review of the Project Description Report
(PDR) that the project has no Group I/II sub-components falling
under EIS/IEE threshold grouping or of similar characteristics.
• CNC certifies that the project is not covered by the EIS System
and is not required to secure an ECC.
• CNC advises the Proponent on coverage to other requirements
by other DENR offices, LGUs or other government agencies.
• CNC cannot be issued for projects with PDR thresholds
component but which also has sub-components with EIS/IEE
threshold.
• Gives notice of disapproval of the application and guidance on how
the application can be improved to a level of acceptability in the
next EIA process.
• Unsatisfactory evaluation by the EIARC or EMB of the Proponent’s
submitted Additional Information (AI) at the end of the review process
shall be a basis for the denial of the application.
• However, non-submission of an AI within the agreed timeframe may
result only to a return of the EIA Report. Should the Proponent fail to
resubmit the EIA Report within a prescribed period, the application is
considered “dropped” (not denied). The Proponent will thereafter
have to submit a new application with payment of new processing
fees if it decides to pursue acquisition of an ECC.
• First Part:
• The certificate of environmental compliance
commitment, which defines the scope limits of the
project, in terms of capacity, area, technology or
process.
•Covering letter transmitting the ECC to the
Proponent, signed off by the deciding and signing
authority (either the DENR Secretary, EMB Director
or EMB Regional Director)
• Annex B of the ECC which lists (1) the EIA Review
Committee’s recommendations to the Proponent
suggestions to the government agencies and (2) LGUs
who have mandates over the project so that they can
integrate the EIA findings into their decision-making
process.
The EIARC Chair, the EMB Chief and the EMB
Director/Regional Director sign this portion of the ECC.
Formally transmitted by the DENR-EMB to the concerned Gas
and LGUs.
Decision on the EIA application is vested only in
the President of the Philippines, the DENR
Secretary and EMB-RO
LGUs have the option to accept/modify or
disregard the recommendations of the ECC
• An ECC is NOT A PERMIT
LGU concerned will have to justify to the public
the basis of their decision
• The decisions on applications shall be made within prescribed timelines within the control of DENR
• Otherwise, the application shall be deemed automatically approved, with the issuance of the approval document within five (5) working days from the time the prescribed period lapsed.
• Objective is to determine:
•Compliance to the conditions set in the ECC and the
EMP
• Effectiveness of environmental measures on
prevention or mitigation of actual project impacts
vis-à-vis predicted impacts used as basis for the EMP
design; and
•Continual updating of the EMP for sustained
responsiveness to project operations and project
impacts
• Proponent
• submits semi-annual ECC Compliance Monitoring Report to the
EMB)
• Multi-partite Monitoring Teams (MMTs) • Provides appropriate checks and balances
• Validates Proponent’s environmental performance
• Recommends course of action to EMB
• EMB-DENR
• Primary responsibility for over-all evaluation/audit of
Proponent’s monitoring and MMT’s validation
• EIA Process envisioned to undertake a
comprehensive and integrated approach in the
review and evaluation of environment-related
concerns of government agencies (GAs), local
government units (LGUs) and the general public.
• The subsequent EIA findings shall provide
guidance and recommendations to these entities
as a basis for their decision-making process.
• DEFINITION –
• The open, transparent, gender-sensitive, and community based process aimed at ensuring the social acceptability of a project or undertaking, involving the broadest range of stakeholders, commencing at the earliest possible stage, of project design and development and continuing until post-assessment monitoring.
(Sec. 3 (as) DAO 2003- 30)
• Information, Education and Communication (IEC) of
concerned LGUs is required for use as basis to identify
stakeholders and issues preparatory to Public Scoping.
• Public Scoping with project stakeholders, during which
community sectors raise their issues to be addressed in the EIA
Study.
• Public hearing is mandatory for PEIS and IES-based projects
• Pubic consultation is required in PEIS and EIS-based projects in
case public hearing is waived by EMB for valid reasons where
there is lack of absence of 1) significant mounting opposition,
AND 2) upon written request by the proponent
• Project proponent is required to ensure widest participation by
stakeholders in the public hearing.
• Notice of Public Hearing is required to be published in a
newspaper of general circulation in the Region and to posted in
conspicuous public places in the LGU at least 15 days before
the public hearing
• Pubic consultation is required in PEIS and EIS-based projects in
case public hearing is waived by EMB for valid reasons where
there is lack or absence of 1) significant mounting opposition,
AND 2) upon written request by the proponent
• Proponent is required to provide, before the public hearing :
• At least one (1) complete copy of the EIA Report to the EMB Office, to be
used as reference by stakeholders who want to review the document for drafting their position on the project.
• At least one (1) complete copy of the EIA Report to each of the host municipalities
• At least one (1) copy of the Executive Summary to each of the host barangays, to be lodged at the development council offices or libraries of the concerned LGUs for easy access by the people
• Project Fact Sheets, written in the local dialect or mixed with popularly known language of the host communities, to other stakeholders
• Venue selected by the EMB for the public hearing must be neutral, i.e., not identified or associated with a party who is in favor of or against the project; the venue must not be in a government location (e.g., office, conference hall) of a government unit or agency that has regulatory control, jurisdiction or interest over the project.
• The hearing officer should insure that heated or emotional
debates and arguments are avoided and the opportunity to
ventilate valid issues and concerns maximized, with full
representation across the broad sectors of the various
stakeholders or interest groups.
• Participants are allowed to ask questions about specific points
in the impact study, raise new points, assess the content of the
impact study, challenge the data, methodology, or even the
interpretation of the data, interpret or re-interpret the results of
the proponent's analysis or introduce new information and
assessments.
• Within 3 working days, the proponent is required to carefully
document (in audio and preferably in videotape form) all
public hearings and submit the same to EIARC, copy furnished
the public hearing officer, who shall prepare a Public Hearing
Report within 10 working days.
• EIARC shall prescribe the appropriate feedback mechanism/s
(e.g., manner of providing copies of the documentation) for
those who demand it and those deemed by the EIARC as
needing it.
• Representation of stakeholders in the Multi-partite Monitoring
Team
• Remains valid and active for the lifetime of the project
• Expires:
• If project has not been implemented within five (5) years from ECC issuance
• ECC has not been requested to be extended within three (3) months from expiration of validity
• ECC is cancelled for reasons provided by law
• Proponent may be required to submit new ECC application if baseline characteristics have significantly changed to make the earlier impact assessment no longer appropriate
• Cancellation or suspension of the ECC
• Imposition of fines of PhP50,000 per violation of P.D. 1586 and its implementing rules and regulations.
• DENR-EMB may issue a Cease and Desist Order to the violating establishment, presumably to prevent damage to the environment.
• Cease and Desist Order takes effect upon issuance, and any appeal or motion seeking to lift it shall not sway its effectivity.
• DENR shall act on such appeal or motion within 10 working days from filing.
• DENR-EMB may publish the identities of firms that are in violation of the EIA law and its implementing rules and regulations despite repeated notices of violation and/or CDO
• Civil damages
• Appeal the decision within 15 days from receipt –
• Grounds:
• Grave abuse of discretion on the part of the deciding authority
• Serious errors in the review findings
• Where to file:
• File an Environmental Case:
• Civil with TEPO/EPO
• Criminal with TEPO
• Writ of Kalikasan or Writ of Continuing Mandamus with TEPO/EPO
• Administrative Action against erring public official
• Lack of capacity to fully carry out the EIS system, particularly in the remote province;
• Insufficient mapping of the environmentally critical areas in the country in which EIAs are required of developmental projects; and
• Most significant, there is the lack of compliance with the EIS system.
(Economic and Social Commission for Asia and the Pacific (ESCAP) Virtual Conference on Integrating Environmental Considerations into Economic Policy Making Processes)
• Institutional problems among participants who view the
requirements for EIA as more bureaucratic red tape
since EIA was not fully internalized in the planning
processes
• Deficiencies in data management systems,
inappropriate monitoring mechanisms
• Lack of skilled and trained manpower
• Political interference
(Towards SEA for the developing nations of Asia
by Briffetta, Obbardb and Mackee)
• Environmental impacts addressed by EIA system are
limited and project-specific, not often taking into
account environmental concerns in surrounding
cities/communities
• Lack of Environmental Management Plan (EMP) in
concerned LGUs make the EIA a hodge-podge
approach to environmental impact mitigation
• A project EIA is generally limited to direct impacts and
does not adequately consider the cumulative impacts
of more than one project
• Make it a point to know your rights. Participate in
Education, public awareness and empowerment events
and activities
• Reach out to educate less-empowered and vulnerable
sectors of society (e.g., IPs, marginalized sectors, etc.
on their rights)
• Be aware of what’s happening around us, especially
projects and activities that have a potential impact on
the environment
• Make our public servants do their duty to protect the environment. Look over the shoulders of public officials involved in the processing and decision making process Lobby for the enactment of Environmental Management Plans by our LGUs
• Make environment an election issue and get environment-friendly politicians elected to office
• Get involved! MAKIALAM! MAKIALAM
• Kung hindi ikaw, sino pa? Kung hindi ngayon, kailan pa?