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PRESIDENTIAL DECREE No.

1586

ESTABLISHING AN ENVIRONMENTAL IMPACT


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.