Department of Environment and Natural Resources

Philippine Environmental Impact Statement (EIS) System

by Atty. Analiza R. Teh Undersecretary Department of Environment and Natural Resources Philippines
Asian Development Bank Headquarters Mandaluyong City, Philippines 18 April 2012
The views in this presentation are the views of the author and do not p necessarily reflect the views or policies of the Asian Development Bank (ADB), or its Board of Governors, or the government they represent. ADB does not guarantee the accuracy of the data included in this presentation and accepts no responsibility for any consequence of their use. Terminology used may not necessarily be consistent with ADB official terms.

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Department of Environment and Natural Resources

Presentation Outline
OverviewofthePhilippineEISSystem AssessingthePhilippineEISSystem CurrentChallengesandCasesinPoint Current Challenges and Cases in Point PolicyDirections OpportunitiesforDevelopment p Cooperation

Department of Environment and Natural Resources

Legislative Framework g
Presidential Decree (PD) 1151
Philippine Environmental Policy of 1977

Presidential Decree (PD) 1152 ( )

Philippine Environment Code of 1977

Presidential Decree (PD) 1586

Establishment of Philippine Environmental Impact Statement System (1978)

Department of Environment and Natural Resources

PD 1151
Requires an environmental impact statement (EIS) to precede all actions, projects or undertakings which may significantly affect the quality of the environment

Department of Environment and Natural Resources

PD 1152
Requires land use management regulating or enforcing agencies to consider the significant environmental impacts, as well as other aspects of locating industries.

Department of Environment and Natural Resources

PD 1586
No person, partnership or corporation shall undertake or operate any environmentally critical project (ECP) or locate a project within an environmentally critical area (ECA) without first securing an Environmental Compliance Certificate (ECC).

Department of Environment and Natural Resources

Regulatory Framework g y
Proclamation No. 2146 (1981) No
Environmentally Critical Projects (ECPs) Environmentally Critical Areas (ECAs)

Department of Environment and Natural Resources

Regulatory Framework g y
DENR Administrative Order 30 Series of 2003 (DAO 2003-30) Implementing 2003 30) I l ti Rules and Regulations for the PEISS Revised Procedural Manual

Department of Environment and Natural Resources

Administrative Issuance on EIA AO 42 (2002)

POLICY DECLARATION

To achieve optimum economic development without delay To ensure that the present generation meets its needs without compromising the needs p g of the future generation

Department of Environment and Natural Resources

Administrative Issuance on EIA AO 42 (2002)

EIA and FS to be conducted at the same time Shorter processing time to obtain ECC Reduced requirements EMB to coordinate with Department of Trade and Industry

Department of Environment and Natural Resources

Procedural Manual
Screening Procedures EIS Requirements R i t Procedural Guide Review Process Administrative System

Department of Environment and Natural Resources

Key Features Social Acceptability

Social preparation Scoping process g Public consultation Public hearing/s Public participation
Attention to IPs and women Alternative dispute or conflict resolution

Department of Environment and Natural Resources

Key Features Monitoring Phase

Multi-partite Monitoring Team Environmental Monitoring F d M it i Fund Environmental Guarantee Fund

Department of Environment and Natural Resources

Key Features DRR/CCA Mainstreaming

Natural hazards considerations Climate change projections Sustainable Impact of climate change Development Disaster risk reduction
Mitigation
Pre-Event Post-Event

Preparedness

Rehabilitation

Response

Source: NDCC

Department of Environment and Natural Resources

Assessing the PEISS

EIA System
genuine d i development and l t d sustainability i intergenerational and intrai l di generational equity

EIA as a planning tool vs. Environmental Laws as regulatory tools?

Department of Environment and Natural Resources

Assessing the PEISS

Ecological integrity Effi i t use of natural, Efficient f t l manufactured and social capital Promotes equity Participatory approach Environmental stewardship

Department of Environment and Natural Resources

Current Challenges
Institutional capacity of DENR/EMB
Monitoring and enforcement capability Accredited laboratories

Baseline environmental data ECAs mapping Compliance and enforcement Intent and timing of the EIA process C Coordination among NGA and overlapping of di i NGAs d l i f functions

Department of Environment and Natural Resources

Case in Point
Legal Challenges: Writ of Kalikasan
Issuance of ECC on the P38 B reclamation project along the coastline of Manila Bay Supreme Court issued a Writ of Kalikasan

Las Pinas-Paranaque Critical Habitat and Eco-tourism Area

Department of Environment and Natural Resources

Case in Point
Careful Review of Mining Projects
Denial of the issuance of the ECC for Tampakan Mining Project Open pit mining method

Department of Environment and Natural Resources

Case in Point
Careful Review of Mining Projects
S Suspension of i f processing of applications and issuance of ECC for all small scale mining projects (April 19 2011) 19,

Department of Environment and Natural Resources

Case in Point
Role of LGUs deniedissuanceofbusinesspermit lackofLGUendorsement devolvedfunctionstoLGUs (DENRMemoCircular200808: ClarificationoftheRoleofLGUsinthe Clarification of the Role of LGUs in the PEIS

Department of Environment and Natural Resources

Policy Directions

Department of Environment and Natural Resources

Policy Directions
Screening Procedures
Need to rationalize/update categorization Non-uniform enforcement at various regional offices

Standardized and streamlined application process

Department of Environment and Natural Resources

Policy Directions
Review Process
Uneven quality of EIA Reports and review process Legal challenges to ECC decisions Technical skills and capabilities

Institutionalized capability development program

Department of Environment and Natural Resources

Policy Directions
Transparency and Disclosure
Need to improve transparenc (standardi ed impro e transparency (standardized environmental enforcement) Need to strengthen monitoring system

Expanded automation to include web access web-access by stakeholders Improve compliance and monitoring system

Department of Environment and Natural Resources

Opportunities for Development pp p Cooperation

Capacity development of EMB p y p personnel, partner-agencies and EIA professionals Certification and accreditation system Center of Excellence/Training Institute

Technical Capability

Department of Environment and Natural Resources

Opportunities for Development pp p Cooperation

Institutional Li k I tit ti l Linkages
Strengthening of partnerships with other government agencies t i Coordination and consultation process ECA mapping

Department of Environment and Natural Resources

Opportunities for Development pp p Cooperation

Policy Support - Proposed EIA Bill
Committee on Ecology House of Ecology, Representative Strategic Environmental Assessment Social acceptability p y Codification of enhancement

Department of Environment and Natural Resources

Thank you y