STATEMENT SYSTEM, INCLUDING OTHER ENVIRONMENTAL MANAGEMENT RELATED MEASURES AND FOR OTHER PURPOSES Philippine Environmental Impact Statement (PEISS) Provides the legal and procedural framework for conducting Environmental Impact Assessments (EIAs) for projects likely to have significant environmental impact. Designed to safeguard the Philippine environment and natural resources in the face of growing industrialization and urbanization. Formally established in 1978 through Presidential Decree (PD) 1586. Concerned primarily with assessing the direct and indirect impacts of a project on the biophysical and human environment and ensuring that these impacts are addressed by appropriate environmental protection and enhancement measures. General criteria for review of EIS: 1. That environmental considerations are integrated into the overall project planning; 2. That the assessment is technically sound and proposed environmental mitigation measures are effective, and 3. That social acceptability is based on informed public participation P.D. 1151, Section 4 Requires the filing and inclusion in every action, project or undertaking which significantly affects the quality of the environment a detail statement on: a) 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; 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. P.D. 1151, Section 4 Before an environmental impact statement is issued by a lead agency, all agencies having jurisdiction over, or special expertise on, the subject matter involved shall comment on the draft environmental impact statement made by the lead agency within thirty (30) days from receipt of the same. Determination of Lead Agency Minister of Human Settlements - authorized to name the lead agencies referred to in P.D. 1151, Section 4 which shall have jurisdiction to undertake the preparation of the necessary environmental impact statements on declared environmentally critical projects and areas.
All Environmental Impact Statements shall be submitted to
the National Environmental Protection Council for review and evaluation. Presidential Proclamation of Environmentally Critical Areas and Projects The President may, on his own initiative or upon recommendation of the National Environmental Protection Council, declare certain projects, undertakings or areas in the country as environmentally critical. Environmental Compliance Certificate issued by the President or his duly authorized representative is required before the operation of any declared environmentally critical project or area. The President may reorganize such government offices, agencies, institutions, corporations or instrumentalities PEISS: Coverage and Procedures 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).
DENR determines whether a proposal is an ECP or will be
implemented in an ECA If either or both of these conditions apply, then the proposal is required to secure an environmental compliance certificate (ECC). Overview of the PEISS Environmental Impact Assessment (EIA) Process that involves evaluating and predicting the likely impacts of a project on the environment during construction, commissioning, operation and abandonment. It also includes designing appropriate preventive, mitigating and enhancement measures addressing these consequences to protect the environment and the community’s welfare. Environmentally Critical Projects (ECP) Project or program that has high potential for significant negative environmental impact.
Include major resource extractive projects, major
infrastructure projects, fishpond development, golf course resort development, and major industrial development projects.
Preparation of an EIS is required because these projects will
most likely have high risk or negative environmental impact. Environmentally Critical Projects (ECP) Heavy Industries: including non-ferrous metal industries, iron and steel mills, smelting plants, and petroleum and petrochemical industries, including oil and gas; Resource Extractive Industries: including major mining and quarrying projects, forestry projects (logging, major wood processing, introduction of exotic animals in public or private forests, forest occupancy, extraction of mangrove products, grazing), and fishery projects (dikes for/and fishpond development projects); Infrastructure Projects: including major dams, major roads and bridges, major power plants (fossil-fuelled, nuclear, coal-fired, hydroelectric, geothermal), and major reclamation projects; and Golf Course Projects: golf courses and golf resorts are now subject to EIS requirements Other: Many other types of coastal projects not explicitly listed above may, at the discretion of DENR, require an EIS if they are considered ECPs. Some likely examples include major resorts or hotels, airports, ports, shoreline fortifications, fish processing plants, and major military development. Environmentally Critical Areas (ECA) Area delineated as environmentally sensitive such that significant environmental impacts are expected if certain types of proposed projects or programs are located, developed or implemented in it. Initial environmental examination (IEE) that includes a project description May require an EIS After a thorough review of the project plans and EIA documents submitted by the project proponent, the project will be issued an ECC by DENR. Environmentally Critical Areas (ECA) National parks, watershed reserves, wildlife preserves, and sanctuaries declared by law; Areas set aside as potential tourist spots; Habitats of endangered or threatened species indigenous to the Philippines; Areas of unique historic, archaeological, or scientific interest; Areas traditionally occupied by indigenous people and cultural communities; Areas frequently hit by natural calamities (geologic hazards, floods, typhoons, volcanic activity, etc.); Areas with critical (steep) slopes; Areas classified as prime agricultural lands; Aquifer recharge areas; Water bodies used for domestic supply or support of fish and wildlife; Mangrove areas supporting critical ecological functions or on which people depend for livelihood; and Coral reefs with critical ecological functions. Projects not covered under PEISS Projects that are not ECPs or not located in ECAs
Projects or structures that have been operating or existing
since 1982, even if they are ECPs or in an ECA; however, expansion of developed area or production output by these enterprises requires an ECC. Environmentally Non-Critical Projects All other projects, undertakings and areas not declared by the President as environmentally critical shall be considered as non-critical and shall not be required to submit an environmental impact statement.
A provision of additional environmental safeguards may,
however, be required. Penalty for Violation Suspension or cancellation of his/its certificate; and/or A fine not exceeding P50,000.00 for every violation thereof. The EMB Director or the EMB-RD may issue a Cease and Desist Order (CDO), effective immediately, to prevent grave or irreparable damage to the environment. An appeal or any motion seeking to lift the CDO shall not stay its effectivity. However, the DENR shall act on such appeal or motion within ten (10) working days from filing. Proceeds shall be automatically appropriated into an Environment Revolving Fund. The fund shall be used exclusively for the operation of the National Environmental Protection Council and the National Pollution Control Commission in the implementation of P.D. 1586.