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PRESIDENTIAL DECREE: 1586

Decree Establishing an Environmental Impact Statement (EIS) System


Including Other Environmental Establishment Related Measures and for Other
Purposes.
TERMS
• PEISS - Philippine Environmental Impact Statement System
• EIS - Environmental Impact Statement
• EIA - Environmental Impact Assessment
• ECP - Environmentally Critical Project
• ECA - Environmentally Critical Area
• IEE - Initial Environmental Examination
• ECC – Environmental Compliance Certificate
• ERA – Environmental Risk Assessment
• EIARC – EIA Review Committee
• EMP – Environmental Management Plan
• EMF –Environmental Monitoring Fund
• DENR – Department of Environment and Natural Resources
• EMB – Environmental Management Bureau
EIS: ENVIRONMENTAL IMPACT
STATEMENT
• An Environmental Impact Statement is a document prepared to describe
the effects for proposed activities on the environment.
• Provided in in Section 4 of PD 1586: “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.”
• The Philippine EIS System (PEISS) was established in 1978 through PD 1586 that
designates DENR, EMB and DENR Regional office as the implementing
agency.
• The EIS system requires completion of an EIA and preparation of an EIS report
for any environmentally critical project (ECP) or any project located in an
environmentally critical area (ECA).
DECLARATION OF PROJECTS OR
AREAS AS ENVIRONMENTALLY
CRITICAL
The specific criteria for determining projects or undertakings to be covered by the EIS
System are as follows:
Characteristics of the project or undertaking
Location of the Project
Nature of the potential impact

The following are the categories of projects/undertakings under the EIS system: (Provided Article II Sec 1 IRR)

Category A. Environmentally Critical Projects (ECPs) with significant potential to cause negative
environmental impacts
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)
Category C. Projects intended to directly enhance environmental quality or address existing environmental
problems not falling under Category A or B.
Category D. Projects unlikely to cause adverse environmental impacts.
PROCLAMATION 2146 (DECEMBER 14, 1981): PROCLAIMING AREAS AND
PROJECTS WITHIN ENVIRONMENTAL IMPACT STATEMENT

• HEAVY INDUSTRIES
• RESOURCE EXTRACTIVE INDUSTRIES
• INFRASTRUCTURE PROJECTS
• GOLF COURSE PR0JECTS
• OTHERS

Environmentally Critical Projects (ECP)


• NATIONAL PARKS, WATERSHED, WILDLIFE
PRESERVES, AND SANCTUARIES DECLARED
BY LAW.
• TOURIST SPOTS
• HABITATS OF ENDANGERED OR THREATENED
SPECIES
• AREAS TRADITIONALLY OCCUPIED BY IP’S
AND CULTURAL COMMUNITIES
• AREAS CLASSIFIED AS PRIME
AGRICULTURAL LANDS
• AREAS FREQUENTLY HIT BY NATURAL
CALAMITIES

Environmentally Critical AREAS (ECA)


1. PROJECT WHICH ARE NOT CONSIDERED AS ENVIRONMENTALLY
CRITICAL PROJECTS OR AREAS BY THE PRESIDENT (SECTION 5 OF PD
1586).

2. ECPS OR PROJECTS WITHIN ECAS WHICH ARE OPERATIONAL


PRIOR TO 1982’ EXCEPT IN CASES WHERE THEIR OPERATIONS ARE
EXPANDED IN TERMS OF DAILY PRODUCTION CAPACITY OF AREA.

3. COUNTRYSIDE BUSINESS AND BARANGAY ENTITIES COVERED BY


RA 6810 (MAGNA CARTA FOR COUNTRY SIDE AND BARANGAY
BUSINESS ENTERPRISES AND REGISTERED WITH DTI.
PROJECT NOT COVERED UNDER THE EIS SYSTEM
• DENR-EMB or the DENR Regional Office shall issue a
Certificate of Non Coverage certifying that the
project will not pose potential significant impact to
the environment.
• EMB – review and issuance of Environmental
Compliance Certificate (ECC) for all Environmental
Critical Projects.
• DENR Regional Office – review and issue ECC for
project located in ECA.
Initial Environmental Examination (IEE) – a brief description document required of
proponents describing the environmental impact of, and mitigation and
enhancement measures for, projects or undertaking located in an ECA.

Environmental Impact Assessment (EIA) – process that involves predicting and


evaluating the likely impacts of a projects on the environment during construction,
commissioning, operation and abandonment. Includes designing appropriate
preventive, mitigating and enhancement measures addressing these consequences
to protect the environment and the community’s welfare.

Environmental Impact Statement (EIS) – documents of studies on the Environmental


Impact of a projects including the discussions on direct and indirect consequences
upon human welfare and ecological and environmental integrity. May include ERA.

Environmental Management Plan (EMP) – section in EIS that details the prevention,
mitigation, compensation, contingency and monitoring measures to enhance positive
impacts and minimize negative impacts.
OVERVIEW OF THE NATIONAL EIS
SYSTEM
PROJECTS OR UNDERTAKINGS NOT
COVERED BY EIS SYSTEM
• Projects or undertakings not covered by the EIS
System may proceed without further environmental
impact assessment studies
• The DENR-Regional Executive Director (RED) may,
however, require the opponent to provide
additional environmental safeguards for its project or
undertaking.
OUTLINE OF THE EIS DOCUMENT
• EIS Summary
• Project Description
• Summary of Scoping Agreements
• Baseline Environmental Conditions
• Impact Assessment and Analysis
• Environmental Management
Program/Plan
• Supporting Documents
• Proposals for Environmental
Monitoring and Guarantee fund
• Accountability Statement
EIA Scoping
For environmentally critical
REVIEW PROCESS FOR
projects
ENVIRONMENTALLY
EIA
Is done or contracted out by the
CRITICAL PROJECTS
project proponent

EIS EIS Submission


Is submitted by project proponent EIA Review Committee
to and processed by EMB 15 days

EIA Review Committee (EIARC)


work 60 days

EIARC report and


recommendation 15 days

EMD Director’s recommendation


15 days

ECC is decided on by DENR DENR Secretary’s decision on ECC


Secretary 15 days
ENVIRONMENTAL RISK ASSESSMENT
(ERA)
• Environmental Risk Assessment is the use of scientific
methods and information to define the probability
and magnitude of potentially adverse effects which
can result from exposure to hazardous material or
situations.
• Duty of LGUs under P.D. No. 1586
- Found in section 16 of the Local Government Code is the duty of the LGUs to promote people’s right to a
balance ecology.
- LGU has the duty to ensure the quality of the environment.
- At the local level, the following steps should be followed by the LGU to assess impacts of proposed projects:

• Screening
• Scoping
• Analysis and EIA report
• EIS and project decisions
• ECC and environmental management plan
• Environmental monitoring and compliance

• Stakeholders
- Those person who may have significant affected by the project or undertaking, such as, but not limited to,
members of the local community, industry, LGUs, non-governmental organizations (NGO), and people’s
organization (PO) (DENR Administrative Order No. 96-37, December 2, 1996)
APPEAL FROM THE RULING OF THE
DENR REGIONAL EXECUTIVE DIRECTOR
• Any party aggrieved by the final decision on the ECC / CNC applications
may, within 15 days from receipt of such decision, file an appeal on the
following grounds:
1. Grave abuse of discretion on the part of the deciding authority, or
2. Serious errors in the review findings.
• The DENR may adopt alternative conflict/dispute resolution procedures as a
means to settle grievances between proponents and aggrieved parties to
avert unnecessary legal action. Frivolous appeals shall not be
countenanced.
The proponent or any stakeholder may file an appeal to the following:
Deciding Authority Where to file the appeal
EMB Regional Office Director Office of the EMB Director
EMB Central Office Director Office of the DENR Secretary
DENR Secretary Office of the President
FINES ANDS PENALTIES
• Projects that are established or operating without ECC.
- Any project or activity that has been classified as an ECP or in an ECA and is
established or operating without a valid ECC can be ordered closed through
cease and desist order(CDO), and subject to fine of PHP500,000.00 for every
violations.
• Projects violating conditions of ECC, EMP, or rules and regulations:
- Shall be punished by suspension or cancellation of the ECC and suspension
of operations and/or fine not to exceed PHP50,000.00 for every violations;
and
• Mispresentation in the IEE or EIS or other documents:
- Mispresentation in any documents submitted in EIA processed shall be
punished by suspension or cancellation of the ECC and/or fine not exceed
PHP50,000.00 for every mispresentation.
---THANK YOU---

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