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603 Lesson 3

The document outlines the legal and administrative frameworks of the Environmental Impact Assessment (EIA) system in the Philippines, highlighting the importance of EIA in mitigating negative environmental effects from development projects. It discusses various presidential decrees and constitutional provisions that support the EIA process, including requirements for Environmental Impact Statements (EIS) and Environmental Compliance Certificates (ECC). Additionally, it categorizes projects based on their potential environmental impact and identifies environmentally critical areas that require special consideration.

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Arriane Joy Toledo
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6 views69 pages

603 Lesson 3

The document outlines the legal and administrative frameworks of the Environmental Impact Assessment (EIA) system in the Philippines, highlighting the importance of EIA in mitigating negative environmental effects from development projects. It discusses various presidential decrees and constitutional provisions that support the EIA process, including requirements for Environmental Impact Statements (EIS) and Environmental Compliance Certificates (ECC). Additionally, it categorizes projects based on their potential environmental impact and identifies environmentally critical areas that require special consideration.

Uploaded by

Arriane Joy Toledo
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PPTX, PDF, TXT or read online on Scribd
You are on page 1/ 69

EDD SE 603

ENVIRONMENT
IMPAC
AL ASSESSMENT
T
LESSON 3
PRESENTATION
EdD SE 603

Daisyrie C. Jocelyn Villaruz


Arroyo Professor
Discussant
EIA
Regulator
y
Framewor
a. Legal Framework of EIA
b. Administrative Framework of
EIA
kc. Coverage of the Philippine
EIA System
a. Legal
Framewor
k of EIA
Pollution
Legal Framework of EIA

As the world progressed in science and


technology, the various projects which were
intended to provide benefits to the people
started to show negative effects in the
environment, thus compelling us to consider
alternatives. As such laws were introduced to
counter the adverse effects, thus highlighting the
need for Environment Impact Assessment (EIA).
Legal Framework of EIA

National
Environmental
Protection Act
(1969)

Can Australia
ada 1974
197
3
Netherl Japan
ands 1984
Legal Framework of EIA
Legal Framework of EIA

The strength of EIA


System depends on
the Strength of the
legal and
institutional
structures that
supports it.
Legal Framework of EIA

Most developing
countries in Asia
have established
framework for
environmental
management.
Legal Framework of EIA

In the Philippines, EIA system finds support in the


constitutional provisions and various Presidential Decrees.
Legal Framework of EIA

Philippine Constitution (1987), Article II,


Section 15 Provides that “The state shall protect
and promote the people’s right to health”
Section 16 “The state shall protect and advance
the right of the people to a balance and healthful
ecology in accord with the rhythm and harmony
of the nature.
Legal Framework of EIA

Presidential Decree 1151


(Philippines Environmental
Policy) of 1977
Legal Framework of EIA

“Stressed the urgent need


to formulate an intensive,
integrated program of
Environmental Protection
through EIA.”
Legal Framework of EIA

• Section 4
Environmental Impact Statement
Legal Framework of EIA
• Requires:
ALL agencies and instrumentalities of the national
government.
Government-owned & controlled corporations
Private corporations, firms and entities
An Environmental Impact Statement (EIS) for EVERY
action, project or undertaking which SIGNIFICANTLY
AFFECTS the environment.
Legal Framework of EIA

Presidential DENR
Decree 1151 Administrative
(Philippines Order No. 37,
Environmental series of 1996, ,
Policy) of 1977 more commonly
known as
DAO96-37
Legal Framework of EIA

Presidential Decree 1152


(Philippines Environmental Code)
Legal Framework of EIA

“Defines policy objectives for the


various aspects of environmental
management such air & water
quality management, natural
resources development, land
management and waste
management.”
Legal Framework of EIA

Presidential Decree 1586


(Establishing an Environmental
Impact Statement System, including
other Environmental Management
Related Measures and for other
purposes) of 1978
Legal Framework of EIA

Established to facilitate the attainment &


maintenance of rational & orderly
balance between socio-economic growth
& environmental protection.
Legal Framework of EIA

Introduced the concepts of Environmentally


Critical Projects (ECP) and projects within
Environmentally Critical Areas (ECA) as
projects requiring the submission of an
Environmental Impact Statements (EIS).
Legal Framework of EIA

No person, partnership or corporation


shall undertake or operate any such
declared ECP or project withing ECA
without first securing an Environmental
Compliance Certificate (ECC).
Legal Framework of EIA

Environmental Compliance Certificate (ECC)


Outlines the commitment of the proponent which are
necessary for the project

To comply with existing environmental regulations


To operate within the best environmental practice
that are not currently covered by existing laws.
Legal Framework of EIA

Administrative Order 42
Rationalizing the implementation of the
Philippine EIS System and giving authority in
addition to the Secretary of the DENR, to the
Director and Regional Director of the EMB to
grant or deny the issuance of ECCs.
Legal Framework of EIA

PROCLAMATION No. 2146


Proclaiming Certain Areas and Types of
Projects as Environmentally Critical and Within
the Scope of the Environmental Impact
Statement System Established under
Presidential Decree No. 1586.
Legal Framework of EIA

Presidential Proclamations 803

Declaring the Construction, development and


operation of a Golf Course as Environmentally
Critical Project pursuant to P.D. 1586.
Legal Framework of EIA

DENR Administrative Order.2003-30,

Streamlining the EIS System and to


strengthen the processes for its
implementation
b.
Administrativ
e Framework
of EIA
Pollution
Administrative Framework of
EIA

A.Who Administer the EIA


process in the Philippines?
Administrative Framework of
EIA
Administrative Order 42

The Department of Environment


and Natural Resources (DENR)
was given the task of
administering the EIA system,
through the Environmental
Management Bureau and its
regional offices.
Administrative Framework of
EIA
Centralizes the EIS system under
the National Environmental
Protection Council (now
Environmental Management
Bureau), authorizes the President
and NEPC to proclaim projects
and activities subject to the EIS
system.
Administrative Framework of
EIA
Administrative Framework of
EIA

B. Flow Chart of
Administering EIA Process
c. Coverage
of the
Philippine
EIA System
Pollution
c. Coverage of the
Philippine EIA
System

Categor Categor
y y
A B
Categor Categor
y y
C D
Category A

Projects or undertaking which


are classified as environmentally
critical projects (ECP), and any
other projects that may later be
declared as such by the
President of the Philippines.
Proponents of these projects
implemented from 1982 onwards
are required to secure an ECC.
Category B

Projects or undertaking which


are not classified as ECP under
Category A, but which are
likewise deemed to significantly
affect the quality of the
environment by virtue of being
located in Environmentally
Critical Area (ECA). Proponents
of there projects implemented
from 1982 onwards are required
to secure an ECC.
Category C

Projects or undertakings
not falling under
Category A or B, which
are intended to directly
enhance the quality of
the environment or
directly address existing
environmental problems.
Category D
Projects or undertakings that are
deemed unlikely to cause
significant adverse impact on the
quality of the environment
according to the parameters set
forth in the Screening Guidelines.
These projects are not covered by
the Philippine EIS system and are
not required to secure an ECC.
However, such non-coverage shall
not be construed as an exemption
from compliance with other
environmental laws and
Coverage of the Philippines EIA
System
ECPs are grouped into Four Main Categories

1. heavy industries,
2. resource extractive industries,
3. infrastructure projects,
4. golf courses.
Coverage of the Philippines EIA
System
1. Heavy Industries
Coverage of the Philippines EIA
1. System
Heavy Industries
Coverage of the Philippines EIA
System
1. Heavy Industries
Coverage of the Philippines EIA
System
1. Heavy Industries
Coverage of the Philippines EIA
2. System
Resource Extractive Industries
Coverage of the Philippines EIA
2. System
Resource Extractive Industries
Coverage of the Philippines EIA
2. System
Resource Extractive Industries
Coverage of the Philippines EIA
System
3. Infrastructure Projects
Coverage of the Philippines EIA
System
3. Infrastructure Projects
Coverage of the Philippines EIA
System
3. Infrastructure Projects
Coverage of the Philippines EIA
System
3. Infrastructure Projects
Coverage of the Philippines EIA
System
Golf Course Projects
Coverage of the Philippines EIA
System
Environmentally Critical
Areas.

In accordance with
Presidential Proclamation No.
2146, series of 1981, there
are twelve (12) main
Coverage of the Philippines EIA
System

1. Areas declared by
law as national parks,
watershed reserves,
wildlife preserves, and
sanctuaries;
Coverage of the Philippines EIA
System

2. Areas set
aside as
aesthetic,
potential tourist
spots;
Coverage of the
Philippines EIA System

•3. Areas which constitute the habitat for


any endangered or threatened species of
indigenous Philippine wildlife;
Coverage of the Philippines EIA
System

4. Areas of unique
historic, archeological,
geological, or
scientific interests;
Coverage of the Philippines EIA
System

5. Areas which are


traditionally occupied
by cultural
communities or tribes;
Coverage of the Philippines EIA
System

6. Areas frequently
visited and or hard-hit
by natural calamities
(geologic hazards,
floods, typhoons,
volcanic activity, etc.);
Coverage of the Philippines EIA
System

7. Areas with critical


slopes;
Coverage of the Philippines EIA
System

8. Areas classified as
prime agricultural
lands;
Coverage of the Philippines EIA
System

9. recharged areas
of aquifers;
Coverage of the Philippines EIA
System
10. water bodies;
Coverage of the Philippines EIA
System

11. mangrove areas;


Coverage of the Philippines EIA
System

12. coral reefs


EDD SE 603
ENVIRONMENT
IMPAC
AL ASSESSMENT
T
Thank you!
https://lawphil.net/statutes/presdecs/pd1977/pd_1151_1977.html
- Presidential decree 1151

https://lawphil.net/statutes/presdecs/pd1978/pd_1586_1978.html
- Presindential Decree 1586

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