ENVIRONMENTAL LAW PRESIDENTIAL DECREE No.

1151 PHILIPPINE ENVIRONMENTAL POLICY WHEREAS, the individual and, at times, conflicting, demands of population growth, urbanization, industrial expansion, rapid natural resources utilization and increasing technological advances have resulted in a piecemeal-approach concept of environmental protection; WHEREAS, such tunnel-vision concept is not conducive to the attainment of an ideal environmental situation where man and nature can thrive in harmony with one another; and WHEREAS, there is now an urgent need to formulate an intensive, integrated program of environmental protection that will bring about a concerted effort towards the protection of the entire spectrum of the environment through a requirement of environmental impact assessments and statements: NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the powers vested in me by the Constitution, do hereby order and decree: Section 1. Policy. It is hereby declared a continuing policy of the State (a) to create, develop, maintain and improve conditions under which man and nature can thrive in productive and enjoyable harmony with each other, (b) to fulfill the social, economic and other requirements of present and future generations of Filipinos, and (c) to insure the attainment of an environmental quality that is conducive to a life of dignity and well-being. Section 2. Goal. In pursuing this policy, it shall be the responsibility of the Government, in cooperation with concerned private organizations and entities, to use all practicable means, consistent with other essential considerations of national policy, in promoting the general welfare to the end that the Nation may (a) recognize, discharge and fulfill the responsibilities of each generation as trustee and guardian of the environment for succeeding generations, (b) assure the people of a safe, decent, healthful, productive and aesthetic environment, (c) encourage the widest exploitation of the environment without degrading it, or endangering human life, health and safety or creating conditions adverse to agriculture, commerce and industry, (d) preserve important historic and cultural aspects of the Philippine heritage, (e) attain a rational and orderly balance between population and resource use, and (f) improve the utilization of renewable and non-renewable resources. Section 3. Right to a Healthy Environment. In furtherance of these goals and policies, the Government recognizes the right of the people to a healthful environment. It shall be the duty and responsibility of each individual to contribute to the preservation and enhancement of the Philippine environment. Section 4. Environmental Impact Statements. Pursuant to the above enunciated policies and goals, all agencies and instrumentalities of the national government, including government-owned or controlled corporations, as well as private corporations firms and entities shall prepare, file and include in every action, project or undertaking which significantly affects the quality of the environment a detail statement on (a) the 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.

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. Section 5. Agency Guidelines. The different agencies charged with environmental protection as enumerated in Letter of Instruction No. 422 shall, within sixty (60) days from the effectivity of this Decree, submit to the National Environmental Protection Council (NEPC), their respective guidelines, rules and regulations to carry out the provisions of Sec. 4 hereof on environmental impact assessments and statements. Section 6. Repealing Clause. All Acts, Presidential Decrees, executive orders, rules and regulations or parts thereof which are inconsistent with the provisions of this Decree are hereby repealed, amended or modified accordingly. Section 7. Effectivity. This Decree shall take effect immediately. Done in the City of Manila this 6th day of June in the year of Our Lord, nineteen hundred and seventy-nine. PRESIDENTIAL DECREE No. 1152 PHILIPPINE ENVIRONMENTAL CODE WHEREAS, the broad spectrum of environment has become a matter of vital concern to the government; WHEREAS, the national leadership has taken a step towards this direction by creating the National Environmental Protection Council under Presidential Decree No. 1121; WHEREAS, it is necessary that the creation of the Council be implemented with the launching of a comprehensive program of environmental protection and management; WHEREAS, such a program can assume tangible and meaningful significance only by establishing specific environment management policies and prescribing environment quality standards in a Philippine Environment Code: NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Republic of the Philippines, by virtue of the powers vested in me by the Constitution, do hereby order and decree: Section 1. Short Title. This Decree shall be known and cited as the "Philippine Environment Code." TITLE AIR QUALITY MANAGEMENT Section 2. Purposes. The purposes of this Title are: (a) to achieve and maintain such levels of air quality as to protect public health; and (b) to prevent to the greatest extent practicable, injury and/or damage to plant and animal life and property, and promote the social and economic development of the country. Chapter I Standards Section 3. Ambient Air Quality Standards. There shall be established ambient air quality standards which shall prescribe the maximum concentration of air pollutants permissible in the atmosphere consistent with public health, safety and general welfare. In the establishment of ambient air quality standards, factors such as local atmospheric conditions, location and land use, and available technology, shall be considered among others. Section 4. National Emission Standards. There shall be established national emission standards for new and existing stationary and mobile sources of pollution which shall consider among others such factors as type of industry, practicable control technology available, location and land use, and the nature of pollutants emitted.
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Section 5. Community Noise Standards. Appropriate standards for community noise levels shall be established considering, among others, location, zoning and land use classification. Section 6. Standards for Noise-Producing Equipment. There shall be established a standard for noise producing equipment such as construction equipment, transportation equipment, stationary engines, and electrical or electronic equipment and such similar equipment or contrivances. The standards shall set a limit on the acceptable level of noise emitted from a given equipment for the protection of public health and welfare, considering among others, the magnitude and condition of use, the degree of noise reduction achievable through the application of best available technology and the cost of compliance. The Installation of any noise-producing equipment shall conform with the requirements of Presidential Decree No. 1096 and other applicable laws as well as their implementing rules and regulations. Section 7. Aircraft Emission and Sonic Booms. Appropriate government agencies shall encourage research studies on the harmful effects of aircraft emissions in the environment in order to establish permissible emission standards. Research and studies shall also be undertaken to mitigate and/or minimize the effects of sonic booms in the environment. Chapter II Regulation and Enforcement Section 8. Air Quality and Noise Standards. The National Pollution Control Commission in coordination with appropriate government agencies shall be responsible for the enforcement of ambient air quality emission and noise standards, including the monitoring and surveillance of air pollutants, licensing and permitting of air pollution control facilities, and the promulgation of appropriate rules and regulations. Existing air quality emission and noise standards may be revised and/or modified consistent with new development and technology. Section 9. Aircraft Noise. Community noise standards around airports shall be implemented by the Civil Aeronautics Administration in coordination with the National Pollution Control Commission. Section 10. Vehicular Emissions. The Land Transportation Commission, in coordination with the National Pollution Control Commission, shall implement emission standards for motor vehicles and may deputize other appropriate law enforcement agencies for the purpose. Section 11. Radioactive Emissions. The release and emission of radioactivity into the environment incident to the establishment or possession of nuclear energy facilities and radioactive materials, handling, transport, production, storage, use and disposal of radioactive materials shall be regulated by the Philippine Atomic Energy Commission in coordination with other appropriate government agencies. Chapter III Monitoring Section 12. Air Quality Monitoring. The National Pollution Control Commission, in coordination with appropriate government agencies, shall establish to the greatest extent practicable an air quality monitoring network. Such air quality monitoring network shall put to maximum use the capabilities of these agencies. The National Environmental Protection Council shall be furnished with the results of air quality monitoring activities. Section 13. Weather Modification. The Philippine Atmospheric, Geophysical and Astronomical Services Administration shall monitor regularly meteorological factors affecting environmental conditions in order to effectively guide air pollution monitoring activities. Activities relating to weather modification such as rainfall stimulation and storm seeding experiments shall be undertaken in consultation and/or in coordination with the Philippine Atmospheric, Geophysical and Astronomical Service Administration. TITLE II WATER QUALITY MANAGEMENT

Section 14. Purpose. It is the purpose of this Title to prescribe management guidelines aimed to protect and improve the quality of Philippine water resources through: (a) classification of Philippine waters; (b) establishment of water quality standards; (c) protection and improvement of the quality of the Philippine water resources, and (d) responsibilities for surveillance and mitigation of pollution incidents. Chapter I Classification and Standards Section 15. Classification of Philippine Waters. The National Pollution Control Commission, in coordination with appropriate government agencies, shall classify Philippine waters, according to their best usage. In classifying said waters, the National Pollution Control Commission shall take into account, among others, the following: (a) the existing quality of the body of water at the time of classification; (b) the size, depth, surface area covered, volume, direction, rate of flow, gradient of stream; and (c) the most beneficial uses of said bodies of water and lands bordering them for residential, agricultural, commercial, industrial, navigational, recreational, and aesthetic purposes. Section 16. Reclassification of Waters Based on Intended Beneficial Use. Where the public interest so requires, the National Pollution Control Commission, in coordination with appropriate government agencies, shall reclassify a body of water based on the intended beneficial use and take such steps as may be necessary to upgrade the quality of said water. Other government agencies may adopt higher standards for a particular body of water, subject to the approval of the National Pollution Control Commission. Section 17. Upgrading of Water Quality. Where the quality of water has deteriorated to a degree where its state will adversely affect its best usage, the government agencies concerned shall take such measures as may be necessary to upgrade the quality of such water to meet the prescribed water quality standards. Section 18. Water Quality Standards. The National Pollution Control Commission shall prescribe quality and effluent standards consistent with the guidelines set by the National Environmental Protection Council and the classification of waters prescribed in the preceding sections, taking into consideration, among others, the following: (a) the standard of water quality or purity may vary according to beneficial uses; and (b) the technology relating to water pollution control. Chapter II Protection and Improvement of Water Quality Section 19. Enforcement and Coordination. The production, utilization, storage and distribution of hazardous, toxic and other substances such as radioactive materials, heavy metals, pesticides, fertilizers, and oils, and the disposal, discharge and dumping of untreated wastewater, mine tailings and other substances that may pollute any body of water of the Philippines resulting from normal operations of industries, waterborne sources, and other human activities as well as those resulting from accidental spills and discharge shall be regulated by appropriate government agencies pursuant to their respective charters and enabling legislations. In the performance of the above functions, the government agencies concern shall coordinate with the National Environmental Protection Council and furnish the latter with such information as may be necessary to enable it to attain its objectives under Presidential Decree No. 1121. Section 20. Clean-up Operations. It shall be the responsibility of the polluter to contain, remove and clean up water pollution incidents at his own expense. In case of his failure to do so, the government agencies concerned shall undertake containment, removal and clean-up operations and expenses incurred in said operations shall be charged against the persons and/or entities responsible for such pollution.
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Section 21. Water Quality Monitoring and Surveillance. The various government agencies concerned with environmental protection shall establish to the greatest extent practicable a water quality surveillance and monitoring network with sufficient stations and sampling schedules to meet the needs of the country. Said water quality surveillance network shall put to maximum use the capabilities of such government agencies. Each agency involved in such network shall report to the National Environmental Protection Council the results of these monitoring activities as the need arises. TITLE III LAND USE MANAGEMENT Section 22. Purpose. The purposes of this Title are: (a) to provide a rational, orderly and efficient acquisition, utilization and disposition of land and its resources in order to derive therefrom maximum benefits; and (b) to encourage the prudent use and conservation of land resources in order to prevent and imbalance between the nation's needs and such resources. Section 23. National Land Use Scheme. The Human Settlements Commission, in coordination with the appropriate agencies of the government, shall formulate and recommend to the National Environmental Protection Council a land use scheme consistent with the purpose of this Title. The Land Use Scheme shall include among others, the following: (a) a science-based and technology-oriented land inventory and classification system; (b) a determination of present land uses, the extent to which they are utilized, underutilized, rendered idle or abandoned; (c) a comprehensive and accurate determination of the adaptability of the land for community development, agriculture, industry, commerce and other fields of endeavor; (d) a method of identification of areas where uncontrolled development could result in irreparable damage to important historic, cultural, or aesthetic values, or natural systems or processes of national significance; (e) a method for exercising control by the appropriate government agencies over the use of land in areas of critical environmental concern and areas impacted by public facilities including, but not limited to, airports, highways, bridges, ports and wharves, buildings and other infrastructure projects; (f) a method to ensure the consideration of regional development and land use in local regulations; (g) policy for influencing the location of new communities and methods for assuring appropriate controls over the use of land around new communities; (h) a system of controls and regulations pertaining to areas and development activities designed to ensure that any source of pollution will not be located where it would result in a violation of any applicable environmental pollution control regulations; and (i) a recommended method for the periodic revisions and updating of the national land use scheme to meet changing conditions. Section 24. Location of Industries. In the location of industries, factories, plants, depots and similar industrial establishments, the regulating or enforcing agencies of the government shall take into consideration the social, economic, geographic and significant environmental impact of said establishments. TITLE IV NATURAL CONSERVATION RESOURCES MANAGEMENT AND

(a) to provide the basic policy on the management and conservation of the country's natural resources to obtain the optimum benefits therefrom and to preserve the same for the future generations; and (b) to provide general measures through which the aforesaid policy may be carried out effectively. Chapter Fisheries and Aquatic Resources I

Section 26. Management Policy. The National government, through the Department of Natural Resources, shall establish a system of rational exploitation of fisheries and aquatic resources within the Philippine territory and shall encourage citizen participation therein to maintain and/or enhance the optimum and continuous productivity of the same. Section 27. Measures for National Exploitation. Measures for the national exploitation of fisheries and other aquatic resources may include, but shall not be limited to, the following: (a) undertaking manpower and expertise development; (b) acquiring the necessary facilities and equipment; (c) regulating the marketing of threatened species of fish or other aquatic resources; (d) reviewing all existing rules and regulations on the exploitation of fisheries and aquatic resources with a view of formulating guidelines for the systematic and effective enforcement thereof; and (e) conserving the vanishing species of fish and aquatic resources such as turtles, sea snakes, crocodiles, corals, as well as maintaining the mangrove areas, marshes and inland waters, coral reef-areas and islands serving as sanctuaries for fish and other aquatic life. Chapter II Wildlife Section 28. Management Policy. The national government through the Department of Natural Resources, shall establish a system of rational exploitation and conservation of wildlife resources and shall encourage citizen participation in the maintenance and/or enhancement of their continuous productivity. Section 29. Measures for Rational Exploitation. Measures for rational exploitation of wildlife resources may include, but shall not be limited to, the following: (a) regulating the marketing of threatened wildlife resources. (b) reviewing all existing rules and regulations on the exploitation of wildlife resources with a view of formulating guidelines for the systematic and effective enforcement thereof; and (c) conserving the threatened species of fauna, increasing their rate of reproduction, maintaining their original habitat, habitat manipulation, determining bag/creel limits, population control in relation to the carrying capacity of any given area, banning of indiscriminate and/or destructive means of catching or hunting them. Chapter III Forestry and Soil Conservation Section 30. Management Policy for Forestry. The national government, through the Department of Natural Resources, shall undertake a system of rational exploitation of forest resources and shall encourage citizen participation therein to keep the country's forest resources at maximum productivity at all time. Section 31. Measures for Rational Exploitation of Forest Resources. Measures for the rational exploitation of forest resources may include, but shall not be limited to, the following: (a) regulating the marketing of threatened forest resources;
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Section 25. Purposes. The purposes of this Title are:

(b) reviewing all existing rules and regulations on the exploitation of forest resources with a view of formulating guidelines for the systematic and efficient enforcement thereof; (c) conserving threatened species of flora as well as increasing their rate of propagation; the banning of destructive modes of exploitation, kaingin making or shifting cultivation, indiscriminate harvesting of minor forest products the recycling methods of waste materials, and (d) carrying out a continuing effect on reforestation; timber stand improvement; forest protection; land classification; forest occupancy management; agri-silviculture; range management; agri-silvicultural/kaingin management; industrial tree plantation; parks and wildlife management; multiple use forest; timber management and forest research. Section 32. Use of Fertilizers and Pesticides. The use of fertilizers and pesticides in agriculture shall be regulated prescribing therefor a tolerance level in their use. Their use shall be monitored by appropriate government agencies to provide empirical data for effective regulation. Section 33. Management Policy on Soil Conservation. The national government, through the Department of Natural Resources and the Department of Agriculture, shall likewise undertake a soil conservation program including therein the identification and protection of critical watershed areas, encouragement of scientific farming techniques, physical and biological means of soil conservation, and short-term and long-term researches and technology for effective soil conservation. Chapter IV Flood Control and Natural Calamities Section 34. Measures in Flood Control Program. In addition to the pertinent provisions of existing laws, the following shall be included in a soil erosion, sediment and flood control program; (a) the control of soil erosion on the banks of rivers, the shores of lakes, and the seashores; (b) the control of flow and flooding in and from rivers and lakes; (c) the conservation of water which, for purposes of this Section shall mean forms of water, but shall not include captive water; (d) the needs of fisheries and wildlife and all other recreational uses of natural water; (e) measures to control the damming, diversion, taking, and use of natural water, so far as any such act may affect the quality and availability of natural water for other purposes; and (f) measures to stimulate research in matters relating to natural water and soil conservation and the application of knowledge thereby acquired. Section 35. Measures to Mitigate Destructive Effects of Calamities. The national government, through the Philippine Atmospheric, Geophysical and Astronomical Services Administration, shall promote intensified and concerted research efforts on weather modification, typhoon, earthquake, tsunami, storm surge, and other tropical natural phenomena in order to bring about any significant effect to mitigate or prevent their destructive effects. Chapter V Energy Development Section 36. Policy. Consistent with the environmental protection policies, the national government, through the Energy Development Board, shall undertake an energy development program encouraging the utilization of invariant sources such as solar, wind and tidal energy. Section 37. Measures for Energy Development. Measures for energy development program may include, but shall not be limited to, the following: (a) setting up of pilot plants utilizing invariant sources of energy;

(b) training of technical personnel for purposes of energy development; and (c) conducting researches aimed at developing technology for energy development. Section 38. Safety Measures on Energy Development. Rules and regulations shall be promulgated to prevent or mitigate the adverse effects of energy development on the environment. For this purpose, all nuclear powered plants exploring and utilizing geothermal energy, whether owned or controlled by private or government entities shall: (a) observe internationally accepted standards of safety; and (b) provide safety devices to ensure the health and welfare of their personnel as well as the surrounding community. Chapter VI Conservation and Utilization of Surface and Ground Waters Section 39. Management Policy. In addition to existing laws, the national government through the National Water Resources Council in coordination with other appropriate government agencies, shall prescribe measures for the conservation and improvement of the quality of Philippine water resources and provide for the prevention, control and abatement of water pollution. Chapter VII Mineral Resources Section 40. Management Policy. - The national government, through the Department of Natural Resources, shall undertake a system of gainful exploitation and rational and efficient utilization of mineral resources and shall encourage citizen participation in this endeavor. Section 41. Measures for Exploitation and Utilization of Mineral Resources. Measures for the gainful exploitation and rational and efficient utilization of such mineral resources may include, but shall not be limited to the following: (a) increasing research and development in mineral resources technology; (b) training of additional technical manpower needed in geology, geophysics, mining engineering, and related fields; (c) regulating the exploitation of identified mineral reserves; (d) accelerating the exploration of undiscovered mineral deposits; and (e) encouraging the establishment of processing plants for refined metals. TITLE V WASTE MANAGEMENT Section 42. Purpose. The purposes of this Title are: (a) to set guidelines for waste management with a view to ensuring its effectiveness; (b) to encourage, promote and stimulate technological, educational economic and social efforts to prevent environmental damage and unnecessary loss of valuable resources of the nation through recovery, recycling and re-use of wastes and waste products; and (c) to provide measures to guide and encourage appropriate government agencies in establishing sound, efficient, comprehensive and effective waste management. Chapter I nforcement and Guidelines Section 43. Waste Management Programs. Preparation and implementation of waste management program shall be required of all provinces, cities and municipalities. The Department of Local Government and Community Development shall promulgate guidelines for the formulation and establishment of waste management programs.
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Every waste management program shall include the following: (a) an orderly system of operation consistent with the needs of the area concerned; (b) a provision that the operation will not create pollution of any kind or will constitute public nuisance; (c) a system for a safe and sanitary disposal of waste; (d) a provision that existing plans affecting the development, use and protection of air, water or natural resources shall be considered; (e) schedules and methods of implementing the development, construction and operation of the plan together with the estimated costs; and (f) a provision for the periodic revision of the program to ensure its effective implementation. Section 44. Responsibility of Local Governments. Each province, city or municipality shall provide measures to facilitate the collection, transportation, processing and disposal of waste within its jurisdiction in coordination with other government agencies concerned. For this purpose, the national government shall provide the necessary subsidy, to local governments upon request made through the National Environmental Protection Council and subject to such terms and conditions as the latter may provide. Chapter II Methods of Solid Waste Disposal Section 45. Solid Waste Disposal. Solid Waste disposal shall be by sanitary landfill, incineration, composing, and other methods as may be approved by competent government authority. Section 46. Sanitary Landfills. Local governments, including private individuals, corporations or organizations may operate one or more sanitary landfills. Any entity proposing to operate a sanitary landfill shall submit to the appropriate government agency an operational work plan showing, among other things, a map of the proposed work location, disposal areas for rubbish, garbage, refuse and other waste matter; and the equipment or machinery needed to accomplish its operations. In no case shall landfill or work locations under this Section be located along any shore or coastline, or along the banks of rivers and streams. lakes throughout their entire length, in violation of any existing rules and regulations. Section 47. Incineration and Composting Plants. The installation and establishment of incineration or composting plants, or the alteration/modification of any part thereof shall be regulated by the local governments concerned in coordination with the National Pollution Control Commission. Section 48. Disposal Sites. The location of solid waste disposal sites shall conform with existing zoning; land use standards, and pollution control regulations. Section 49. Dumping into the Sea and Other Navigable Waters. The dumping or disposal of solid wastes into the sea and any body of water in the Philippines, including shorelines and river banks, where these wastes are likely to be washed into the water is prohibited. However, dumping of solid wastes or other materials into the sea or any navigable waters shall be permitted in case of immediate or imminent danger to life and property, subject to the rules and regulations of the Philippine Coast Guard and the National Pollution Control Commission. Government agencies and private entities which are undertaking solid waste management programs shall make consultations with the government agencies concerned with respect to the effects of such dumping to the marine environment and navigation. Chapter III Methods of Liquid Waste Disposal Section 50. Liquid Waste Disposal. Wastewater from manufacturing plants, industries, community, or domestic sources shall be treated either physically, biologically or chemically prior to disposal in accordance with the rules and regulations promulgated by proper government authority.

Section 51. Applicability of Sec. 8. The provisions of Sec. 8 hereof shall likewise apply to the dumping or disposal of liquid waste into the sea and other bodies of water. TITLE VI MISCELLANEOUS PROVISIONS Section 52. Population-Environment Balance. In the assessment of development projects, the National Environmental Protection Council, hereinafter referred to in this Title as the "Council" shall take into consideration their effect on population with a view to achieving a rational and orderly balance between man and his environment. Section 53. Environmental Education. The Department of Education and Culture shall integrate subjects on environmental education in its school curricula at all levels. It shall also endeavor to conduct special community education emphasizing the relationship of man and nature as well as environmental sanitation and practices. The Council and other government agencies implementing environmental protection laws in coordination with public information agencies of the government shall undertake public information activities for the purpose of stimulating awareness and encouraging involvement in environmental protection. Section 54. Environmental Research. The Council shall undertake and/or promote continuing studies and research programs on environmental management and shall, from time to time, determine priority areas of environmental research. Section 55. Monitoring and Dissemination of Environmental Information of Foreign Origin. The Council shall keep itself informed of current environmental developments by obtaining information and literature from foreign sources through the Department of Foreign Affairs, government agencies and other entities, both domestic and foreign. Such information and literature shall be given the widest dissemination possible. Section 56. Incentives. To operate the installation and the utilization of pollution control facilities, the following incentives are hereby granted: (a) exemption to the extent of fifty (50) per cent of tariff duties and compensating tax for the importation of pollution control equipment, devices, spare parts and accessories for a period of five (5) years from the effectivity of this Decree subject to the conditions that will be imposed by the Council. (b) a tax credit equivalent to fifty (50) per cent of the value of the compensating tax and tariff duties that would have been paid on the pollution control equipment, devices, spare parts and accessories had these items been imported shall, within a period of seven (7) years from the effectivity of this Decree be given to the person or firm who or which purchases them from a domestic manufacturer, and another tax credit equivalent to twenty-five (25) per cent thereof shall be given to the said manufacturer subject to such conditions as may be imposed by the Council; and (c) deductions equivalent to fifty (50) per cent of the expenses actually incurred on research projects undertaken to develop technologies for the manufacture of pollution control equipment which have been proven effective and commercially reproducible, from the taxable income of the person or firm actually undertaking such projects subject to the conditions that may be imposed by the Council. The pollution control equipment, devices, spare parts and accessories acquired under this Section shall not be sold, transferred or disposed of within five (5) years from the date of acquisition without the prior approval of the Council otherwise the importer or purchaser shall pay twice the amount of the tax exemption or tax credit granted. Section 57. Financial Assistance/Grant. Financial assistance/grant for the study, design and construction of environmental protection facilities especially for waste disposal in favor of cities, municipalities, small and medium-scale industries may be granted on a case to case basis subject to such conditions as may be imposed by the Council. Section 58. Participation of Local Government Units and Private Individuals. It shall be the responsibility of local government units as well as private individuals to actively participate in the environmental management and protection programs of the government.
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Section 59. Preservation of Historic and Cultural Resources and Heritage. It shall be the duty of every person to help preserve the historic and cultural resources of the country such as sites, structures, artifacts, documents, objects, memorials and priceless trees. Section 60. Government Offices Performing Environmental Protection Functions. Government agencies vested by law to exercise environmental management powers, shall continue to function as such within their respective jurisdictions. The Council may, however, in the exercise of its powers and functions under Presidential Decree No. 1121, inquire into any action or issue of environmental significance. Section 61. Public Hearings. The Council may, whenever it deems necessary, conduct public hearings on issues of environmental significance. Section 62. Definition of Terms. As used in this Code: (a) "Ambient Air Quality" means the average atmospheric purity as distinguished from discharge measurements taken at the source of pollution. It is the general amount of pollution present in a broad area. (b) "Emission" means the act of passing into the atmosphere an air contaminant, pollutant, gas stream and unwanted sound from a known source. (c) "Water Quality" means the characteristics of water which define its use in terms of physical, chemical and biological contents; hence the quality of water for domestic use is different from industrial use. (d) "Water Quality Surveillance" means a close and continuous supervision of the water quality to detect development movements or changes in the characteristics of the water. (e) "Water Quality Standard" means a plan that is established by governmental authority as a program for water pollution prevention and abatement. Such a standard may include water use classification and the criteria to support the uses of the water. (f) "Effluent Standards" means restrictions established to limit levels of concentration of physical, chemical and biological constituents which are discharged from point sources. (g) "Clean-up Operations" refers to activities conducted in removing the pollutants discharged or spilled in water to restore it to pre-spill condition. (h) "Accidental Spills" refers to spills of oil or other hazardous substances in water that result from accidents involving the carriers of such substance such as collisions and grounding. (i) "Areas of Critical Environmental Concern" are areas where uncontrolled development could result in irreparable damage to important historic, cultural, or aesthetic values or natural systems or processes of national significance. (j) "Hazardous Substances" means elements or compounds which when discharged in any quantity present imminent or substantial danger to public health and welfare. (k) "Areas Impacted by Public Facilities" refers to areas where the introduction of public facilities may tend to induce development and urbanization of more than local significance or impact. (l) "Environmental Impact" is the alteration, to any degree, of environmental conditions or the creation of a new set of environmental conditions, adverse or beneficial, to be induced or caused by a proposed project. (m) "Government Agencies" refers to national, local and regional agencies and instrumentalities including governmentowned and controlled corporations. TITLE VII FINAL PROVISIONS

Section 63. Separability of Provisions. If any provision of this Code, or the application of such provisions to any person or circumstance, is declared unconstitutional, the remainder of the Code or the application of such provision to other persons or circumstances shall not be affected by such declaration. Section 64. Effectivity. This Code shall take effect upon its approval. Done in the City of Manila, this 6th day of June in the year of Our Lord, nineteen hundred and seventy-seven. 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

WHEREAS, it is the national policy to attain and maintain a rational and orderly balance between socio-economic growth and environmental conservation and protection; WHEREAS, there is an urgent need to bring about an intensive, integrated program of environmental protection through a requirement of environmental impact assessments and statements; WHEREAS, the environmental impact statement system established under Presidential Decree No, 1586 calls for the proper management of environmentally critical areas; WHEREAS, the pursuit of a comprehensive and integrated environmental protection program necessitates the establishment and institutionalization of a system whereby the exigencies of socioeconomic undertakings can be reconciled with the requirements of environmental protection and conservation; WHEREAS, the national leadership mandates the establishment of such a system to regulate and minimize the environmental impacts of projects and undertakings which may significantly affect the quality of the environment in Presidential Decree No. 1586; and WHEREAS, in the effective implementation of such a system, there arises the need to identify and declare certain projects determined to be environmentally critical; NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the powers vested in me by law, hereby proclaim the following areas and types of projects as environmentally critical and within the scope of the Environmental Impact Statement System; A. Environmentally Critical Projects I. Heavy Industries a. b. c. Non-ferrous metal industries Iron and steel mills Petroleum and petro-chemical industries including oil and gas d. Smelting plants

II. Resource Extractive Industries a. b. 1. Logging 2. Major wood processing projects

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Major mining and quarrying projects Forestry projects

3. Introduction of fauna (exotic-animals) in public/private forests 4. Forest occupancy

12. Coral reefs characterized by one or any combinations of the following conditions: a. With 50% and above live coralline cover; Spawning and nursery grounds for fish; which act as natural breakwater of coastlines.

5. Extraction of mangrove products b. 6. Grazing c. C. Fishery Projects This Proclamation shall take effect immediately. 1. Dikes for/and fishpond development projects III. Infrastructure Projects a. Major dams b. Major power plants (fossil-fueled, nuclear fueled, hydroelectric or geothermal) c. Major reclamation projects d. Major roads and bridges B. Environmentally Critical Areas 1. All areas declared by law as national parks, watershed reserves, wildlife preserves and sanctuaries; 2. Areas set aside as aesthetic potential tourist spots; 3. Areas which constitute the habitat for any endangered or threatened species of indigenous Philippine Wildlife (flora and fauna); 4. Areas of unique historic, archaeological, or scientific interests; 5. Areas which are traditionally occupied by cultural communities or tribes; 6. Areas frequently visited and/or hard-hit by natural calamities (geologic hazards, floods, typhoons, volcanic activity, etc.); 7. Areas with critical slopes; 8. Areas classified as prime agricultural lands; 9. Recharged areas of aquifers; 10. Water bodies characterized combination of the following conditions; a. tapped for domestic purposes by one or any IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the Republic of the Philippines to be affixed. DONE in the City of Manila, this 14th day of December, in the year of Our Lord, Nineteen Hundred and Eighty-One. Published in the Official Gazette, Vol. 78 No. 25 Page 3292 on June 21, 1982. DENR ADMINISTRATIVE ORDER NO. 2003-30

SUBJECT:

Implementing Rules and Regulations (IRR) for the Philippine Environmental Impact Statement (EIS) System

Consistent with the continuing effort of the Department of Environment and Natural Resources (DENR) to rationalize and streamline the implementation of the Philippine Environmental Impact Statement (EIS) System established under Presidential Decree (PD) No. 1586, Presidential Proclamation No. 2146 defining the scope of the EIS System and pursuant to Administrative Order No. 42 issued by the Office of the President on November 2, 2002, the following rules and regulations are hereby promulgated;

ARTICLE I BASIC POLICY, OPERATING PRINCIPLES, OBJECTIVES AND DEFINITION OF TERMS Section 1. Basic Policy and Operating Principles

Consistent with the principles of sustainable development, it is the policy of the DENR to implement a systems-oriented and integrated approach to the EIS system to ensure a rational balance between socio-economic development and environmental protection for the benefit of present and future generations. The following are the key operating principles in the implementation of the Philippine EIS System:

a.

b. within the controlled and/or protected areas declared by appropriate authorities c. which support wildlife and fishery activities

The EIS System is 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. The EIS System aids proponents in incorporating environmental considerations in planning their projects as well as in determining the environments impact on their project. Project proponents are responsible for determining and disclosing all relevant information necessary for a methodical assessment of the environmental impacts of their projects; The review of the EIS by EMB shall be guided by three general criteria: (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; Effective regulatory review of the EIS depends largely on timely, full, and accurate disclosure of relevant information by project proponents and other stakeholders in the EIA process; The social acceptability of a project is a result of meaningful public participation, which shall be assessed as part of the Environmental Compliance Certificate (ECC) application, based on concerns related to the projects environmental impacts;
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b.

11. Mangrove areas characterized by one or any combination of the following conditions: a. b. with primary pristine and dense young growth; adjoining mouth of major river systems;

c. d.

c. near or adjacent to traditional productive fry or fishing grounds; d. which act as natural buffers against shore erosion, strong winds and storm floods; e. on which people are dependent for their livelihood.

e.

f.

g.

The timelines prescribed by this Order, within which an Environmental Compliance Certificate must be issued or denied, apply only to processes and actions within the Environmental Management Bureaus (EMB) control and do not include actions or activities that are the responsibility of the proponent. Objective

addressing these consequences to protect the environment and the communitys welfare. The process is undertaken by, among others, the project proponent and/or EIA Consultant, EMB, a Review Committee, affected communities and other stakeholders. i. Environmental Impact Assessment Consultant - a professional or group of professionals commissioned by the proponent to prepare the EIS/IEE and other related documents. In some cases, the person or group referred to may be the proponents technical staff.

Section 2.

The objective of this Administrative Order is to rationalize and streamline the EIS System to make it more effective as a project planning and management tool by:

a. b. c. d. e.

Making the System more responsive to the demands and needs of the project proponents and the various stakeholders; Clarifying the coverage of the System, and updating it to take into consideration industrial and technological innovations and trends; Standardizing requirements to ensure focus on critical environment parameters; Simplifying procedures for processing ECC applications, and establishing measures to ensure adherence to ECC conditions by project proponents, and Assuring that critical environmental concerns are addressed during project development and implementation.

j.

Environmental Impact Assessment Review Committee (EIARC) - a body of independent technical experts and professionals of known probity from various fields organized by the EMB to evaluate the EIS and other related documents and to make appropriate recommendations regarding the issuance or non-issuance of an ECC. Environmental Impact Statement (EIS) - document, prepared and submitted by the project proponent and/or EIA Consultant that serves as an application for an ECC. It is a comprehensive study of the significant impacts of a project on the environment. It includes an Environmental Management Plan/Program that the proponent will fund and implement to protect the environment. Environmental Management Plan/Program (EMP) - section in the EIS that details the prevention, mitigation, compensation, contingency and monitoring measures to enhance positive impacts and minimize negative impacts and risks of a proposed project or undertaking. For operating projects, the EMP can also be derived from an EMS. Environmental Management Systems (EMS) - refers to the EMB PEPP EMS as provided for under DAO 2003-14, which is a part of the overall management system of a project or organization that includes environmental policy, organizational structure, planning activities, responsibilities, practices, procedures, processes and resources for developing, implementing, achieving, reviewing and maintaining an improved overall environmental performance. Environmental Monitoring Fund (EMF) fund that a proponent shall set up after an ECC is issued for its project or undertaking, to be used to support the activities of the multipartite monitoring team. It shall be immediately accessible and easily disbursable. Environmental Performance capability of proponents to mitigate environmental impacts of projects or programs. Environmental Performance Report and Management Plan (EPRMP) - documentation of the actual cumulative environmental impacts and effectiveness of current measures for single projects that are already operating but without ECC's, i.e., Category A-3. For Category B-3 projects, a checklist form of the EPRMP would suffice. Environmental Risk Assessment (ERA) assessment, through the use of universally accepted and scientific methods, of risks associated with a project. It focuses on determining the probability of occurrence of accidents and their magnitude (e.g. failure of containment or exposure to hazardous materials or situations.) EMS-based EMP - environmental management plan based on the environmental management system (EMS) standard as defined in the DAO 2003-14. Initial Environmental Examination (IEE) Report - document similar to an EIS, but with reduced details and depth of assessment and discussion.

k.

l. Section 3. Definition of Terms

For the purpose of this Order, the following definitions shall be applied: a. Certificate of Non-Coverage a certification issued by the EMB certifying that, based on the submitted project description, the project is not covered by the EIS System and is not required to secure an ECC. Co-located projects / undertakings projects, or series of similar projects or a project subdivided to several phases and/or stages by the same proponent, located in contiguous areas. Environment Surrounding air, water (both ground and surface), land, flora, fauna, humans and their interrelations. Environmental Compliance Certificate (ECC) - document issued by the DENR/EMB after a positive review of an ECC application, certifying that based on the representations of the proponent, the proposed project or undertaking will not cause significant negative environmental impact. The ECC also certifies that the proponent has complied with all the requirements of the EIS System and has committed to implement its approved Environmental Management Plan. The ECC contains specific measures and conditions that the project proponent has to undertake before and during the operation of a project, and in some cases, during the projects abandonment phase to mitigate identified environmental impacts. Environmentally Critical Area (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. Environmentally Critical Project (ECP) - project or program that has high potential for significant negative environmental impact. Environmental Guarantee Fund (EGF) fund to be set up by a project proponent which shall be readily accessible and disbursable for the immediate clean-up or rehabilitation of areas affected by damages in the environment and the resulting deterioration of environmental quality as a direct consequence of a projects construction, operation or abandonment. It shall likewise be used to compensate parties and communities affected by the negative impacts of the project, and to fund community-based environment related projects including, but not limited to, information and education and emergency preparedness programs. Environmental Impact Assessment (EIA) process that involves evaluating and predicting the likely impacts of a project (including cumulative impacts) on the environment during construction, commissioning, operation and abandonment. It also includes designing appropriate preventive, mitigating and enhancement measures

m.

b.

c.

n.

d.

o.

p.

e.

q.

f.

r.

g.

s.

t.

h.

Initial Environmental Examination (IEE) Checklist Report simplified checklist version of an IEE Report, prescribed by the DENR, to be filled up by a proponent to identify and assess a projects environmental impacts and the mitigation/enhancement measures to address such impacts . u. Multipartite Monitoring Team (MMT) - community-based multisectoral team organized for the purpose of monitoring the proponents compliance with ECC conditions, EMP and applicable laws, rules and regulations. v. Programmatic Environmental Impact Statement (PEIS) documentation of comprehensive studies on environmental
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baseline conditions of a contiguous area. It also includes an assessment of the carrying capacity of the area to absorb impacts from co-located projects such as those in industrial estates or economic zones (ecozones). w. Programmatic Environmental Performance Report and Management Plan (PEPRMP) - documentation of actual cumulative environmental impacts of co-located projects with proposals for expansion. The PEPRMP should also describe the effectiveness of current environmental mitigation measures and plans for performance improvement. Project Description (PD) - document, which may also be a chapter in an EIS, that describes the nature, configuration, use of raw materials and natural resources, production system, waste or pollution generation and control and the activities of a proposed project. It includes a description of the use of human resources as well as activity timelines, during the pre-construction, construction, operation and abandonment phases. It is to be used for reviewing colocated and single projects under Category C, as well as for Category D projects. Project or Undertaking - any activity, regardless of scale or magnitude, which may have significant impact on the environment. Proponent any natural or juridical person intending to implement a project or undertaking.

significant negative environmental impacts, and (ii) the sensitivity or vulnerability of environmental resources in the project area. 4.3 The specific criteria for determining projects or undertakings to be covered by the EIS System are as follows:

a.

x.

Characteristics of the project or undertaking Size of the project Cumulative nature of impacts vis--vis other projects Use of natural resources Generation of waste and environment-related nuisance Environment-related hazards and risk of accidents Location of the Project Vulnerability of the project area to disturbances due to its ecological importance, endangered or protected status Conformity of the proposed project to existing land use, based on approved zoning or on national laws and regulations Relative abundance, quality and regenerative capacity of natural resources in the area, including the impact absorptive capacity of the environment Nature of the potential impact Geographic extent of the impact and size of affected population Magnitude and complexity of the impact Likelihood, duration, frequency, and reversibility of the impact

b.

y.

c.

z.

aa. Public Participation open, transparent, gender-sensitive, and community-based process aimed at ensuring the social acceptability of a project or undertaking, involving the broadest range of stakeholders, commencing at the earliest possible stage of project design and development and continuing until post-assessment monitoring. bb. Procedural Review phase in the ECC application review process to check for the completeness the required documents, conducted by EIAM Division at the EMB Central Office or Regional Office. cc. Process Industry an industry whose project operation stage involves chemical, mechanical or other processes. dd. Scoping - the stage in the EIS System where information and project impact assessment requirements are established to provide the proponent and the stakeholders the scope of work and terms of reference for the EIS. ee. Secretary - the Secretary of the DENR. ff. Social Acceptability acceptability of a project by affected communities based on timely and informed participation in the EIA process particularly with regard to environmental impacts that are of concern to them.

The following are the categories of projects/undertakings under the EIS system: 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. 4.4 Proponents of co-located or single projects that fall under Category A and B are required to secure ECC. For co-located projects, the proponent has the option to secure a Programmatic ECC. For ecozones, ECC application may be programmatic based on submission of a programmatic EIS, or locator-specific based on submission of project EIS by each locator. 4.5 Projects under Category C are required submit Project Description. 4.6 Projects classified under Category D may secure a CNC. The EMB-DENR, however, may require such projects or undertakings to provide additional environmental safeguards as it may deem necessary. 4.7 Projects/undertakings introducing new technologies or construction technique but which may cause significant negative environmental impacts shall be required to submit a Project Description which will be used as basis by EMB for screening the project and determining its category.

gg. Stakeholders entities who may be directly and significantly affected by the project or undertaking. hh. Substantive Review the phase in the EIA process whereby the document submitted is subjected to technical evaluation by the EIARC. ii. Technology all the knowledge, products, processes, tools, methods and systems employed in the creation of goods or providing services.

ARTICLE II ECC APPLICATION PROCESSING AND APPROVAL PROCEDURES Section 4. Scope of the EIS System

4.1 In general, only projects that pose potential significant impact to the environment shall be required to secure ECCs. In coordination with the Department of Trade and Industry (DTI) and other concerned government agencies, the EMB is authorized to update or make appropriate revisions to the technical guidelines for EIS System implementation. 4.2 The issuance of ECC or CNC for a project under the EIS System does not exempt the proponent from securing other government permits and clearances as required by other laws. In determining the scope of the EIS System, two factors are considered: (i) the nature of the project and its potential to cause

Section 5. Requirements for Securing Environmental Compliance Certificate (ECC) and Certificate of Non-Coverage (CNC) 5.1 Documentary Requirements for Proponents

ECC processing requirements shall focus on information needed to assess critical environmental impacts of projects. Processing requirements shall be customized based on the project categories.

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The following is a summary of the required documents, the processing, endorsing and deciding authorities for ECC/CNC applications and timeframe for each project category: The total maximum processing time reckons from the acceptance of the ECC/CNC application for substantive review up to the issuance of the decision

i. j.

Proposals for Environmental Monitoring & Guarantee Funds and terms of reference for the Multi-partite Monitoring Team, and Other supporting documents and clearances that may be agreed during the scoping. Programmatic Environmental Performance Report and Management Plan (PEPRMP).

5.2.4. 5.2 Forms and Contents of EIA Study Reports and Other Documents Required Under the EIS System The following are the different forms of EIA study reports and documents required under the EIS System. DENR employees are prohibited from taking part in the preparation of such documents. The DENR/EMB shall limit to a maximum of two (2) official requests (in writing) to the project proponent for additional information, which shall be made within the first 75% of the processing timeframe shown in Section 5.1.1.

The PEPRMP shall contain the following:

a. b. c.
5.2.5.

Project Description of the co-located projects; Documentation of the actual environmental performance based on current/past environmental management measures implemented, and An EMP based on an environmental management system framework and standard set by EMB. Environmental Performance Report and Management Plan (EPRMP) .

5.2.1.

Environmental Impact Statement (EIS).

The EIS should contain at least the following:

The EPRMP shall contain the following:

a. b. c. d. e.

EIS Executive Summary; Project Description; Matrix of the scoping agreement identifying critical issues and concerns, as validated by EMB; Baseline environmental conditions focusing on the sectors (and resources) most significantly affected by the proposed action; Impact assessment focused on significant environmental impacts (in relation to project construction/commissioning, operation and decommissioning), taking into account cumulative impacts; Environmental Risk Assessment if determined by EMB as necessary during scoping; Environmental Management Program/Plan; Supporting documents, including technical/socio-economic data used/generated; certificate of zoning viability and municipal land use plan; and proof of consultation with stakeholders; Proposals for Environmental Monitoring and Guarantee Funds including justification of amount, when required; Accountability statement of EIA consultants and the project proponent; and Other clearances and documents that may be determined and agreed upon during scoping. Initial Environmental Examination (IEE) Report

a. b. c. d.

Project Description; Baseline conditions for critical environmental parameters; Documentation of the environmental performance based on the current/past environmental management measures implemented; Detailed comparative description of the proposed project expansion and/or process modification with corresponding material and energy balances in the case of process industries, and EMP based on an environmental management system framework and standard set by EMB. Project Description (PD)

e.
5.2.6.

f. g. h.

The PD shall be guided by the definition of terms and shall contain the following:

i. j. k.
5.2.2.

a. b. c. d. e.

Description of the project; Location and area covered; Capitalization and manpower requirement; For process industries, a listing of raw materials to be used, description of the process or manufacturing technology, type and volume of products and discharges: For Category C projects, a detailed description on how environmental efficiency and overall performance improvement will be attained, or how an existing environmental problem will be effectively solved or mitigated by the project, and A detailed location map of the impacted site showing relevant features (e.g. slope, topography, human settlements). Timelines for construction and commissioning EMS-based EMP.

IEE Report is similar to an EIS, but with reduced details of data and depth of assessment and discussion. It may be customized for different types of projects under Category B. The EMB shall coordinate with relevant government agencies and the private sector to customize and update IEE Checklists to further streamline ECC processing, especially for small and medium enterprises. 5.2.3. Programmatic Environmental Impact Statement (PEIS)

f. g.
5.2.7.

The EMS-based EMP is an option that proponents may undertake in lieu of the EPRMP for single projects applying for ECC under Category A-3 and B-3. 5.3 Public Hearing / Consultation Requirements

The PEIS shall contain the following:

a. b. c. d. e. f. g.

Executive Summary; Project Description; Summary matrix of scoping agreements as validated by EMB; Eco-profiling of air, land, water, and relevant people aspects; Environmental carrying capacity analysis; Environmental Risk Assessment (if found necessary during scoping); Environmental Management Plan to include allocation scheme for discharge of pollutants; criteria for acceptance of locators, environmental management guidebook for locators, and environmental liability scheme; Duties of the Environmental Management Unit to be created;

For projects under Category A-1, the conduct of public hearing as part of the EIS review is mandatory unless otherwise determined by EMB. For all other undertakings, a public hearing is not mandatory unless specifically required by EMB. Proponents should initiate public consultations early in order to ensure that environmentally relevant concerns of stakeholders are taken into consideration in the EIA study and the formulation of the management plan. All public consultations and public hearings conducted during the EIA process are to be documented. The public hearing/ consultation Process report shall be validated by the EMB/EMB RD and shall constitute part of the records of the EIA process.

5.4 Documentation Requirements for DENR-EMB and EIA Reviewers

h.

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The EMB Central Office as well as the EMB Regional Offices shall document the proceedings of the ECC application process and shall set up and maintain relevant information management systems. The documentation shall, at a minimum, include the following:

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.

5.4.1.

Review Process Report The proponent or any stakeholder may file an appeal to the following:

This is to be prepared by the EMB Central or EMB RO. It is to be forwarded to the DENR Secretary or RD as reference for decisionmaking and maintained as part of the records on the ECC application. The report should contain at least the following: a. Summary of the environmental impacts of the undertaking, along with the proposed mitigation and enhancement measures; Key issues/concerns and the proponent's response to these; Documentation of compliance with procedural requirements; Acceptability of proposed EMP including the corresponding cost of mitigation, EGF and EMF if required; Key bases for the decision on the ECC application. EIARC Report

Section 7. Planning Cycle

The EIA Process in Relation to the Project

b. c. d. e. 5.4.2.

This report, to be prepared by the EIA Review Committee, forms part of the EIS review documentation. The EIARC Report shall be written by the designated member of the EIARC and signed by all the members within five days after the final review meeting. If an EIARC member dissents, he or she must submit a memorandum to the EMB Director through the EIARC Chairman his or her reasons for dissenting. At a minimum the EIARC report should contain: a. Detailed assessment of the proposed mitigation and enhancement measures for the identified environmental impacts and risks; Description of residual or unavoidable environmental impacts despite proposed mitigation measures; Documentation of compliance with technical/substantive review criteria; Key issues/concerns and the proponent's response to these, including social acceptability measures; Assessment of the proposed EMP (including risk reduction/management plan) and amounts proposed for the Environmental Guarantee Fund and the Environmental Monitoring Fund, and Recommended decision regarding the ECC application as well as proposed ECC conditions.

Proponents are directed under AO 42 to conduct simultaneously the environmental impact study and the project planning or feasibility study. EMB may validate whether or not the EIS was integrated with project planning by requiring relevant documentary proofs, such as the terms of reference for the feasibility study and copies of the feasibility study Deciding Where to file the appeal Authority EMB Regional Office of the EMB Director Office Director EMB Central Office of the DENR Secretary Office Director DENR Office of the President Secretary report. The EMB shall study the potential application of EIA to policy-based undertakings as a further step toward integrating and streamlining the EIS system.

Section 8. 8.1 8.1.1.

EIS System Procedures

b. c. d. e.

Manual of Procedures The procedures to enable the processing of ECC/CNC applications within the timeframes specified in AO 42 shall be prescribed in a Procedural Manual to be issued by the EMB Central Office within ninety (90) days from the date of this Order. The Manual of Procedures shall be updated as the need arises to continually shorten the review and approval/denial timeframes where feasible. Formulation of said procedures shall conform to the following guidelines:

8.1.2.

f.

5.4.3.

Decision Document 8.2 Processing Timeframe If no decision is made within the specified timeframe, the ECC/CNC application is deemed automatically approved and the approving authority shall issue the ECC or CNC within five (5) working days after the prescribed processing timeframe has lapsed. However, the EMB may deny issuance of ECC if the proponent fails to submit required additional information critical to deciding on the ECC/CNC application, despite written request from EMB and despite an adequate period for the proponent to comply with the said requirement; In cases where ECC issuance cannot be decided due to the proponents inability to submit required additional information within the prescribed period, the EMB shall return the application to the proponent. The project proponent may resubmit its application, including the required additional information, within one (1) year for Category A projects and six (6) months for Category B projects without having to pay processing and other fees. Otherwise, the matter shall be treated as a new application. In cases where EMB and the project proponent have exhausted all reasonable efforts to generate the information needed for deciding on the ECC/CNC application, the responsible authority (Secretary or EMB Director / Regional Director) shall make a decision based on the available information so as to comply with the prescribed timeframe. The decision shall nonetheless reflect a thorough assessment of impacts taking into consideration (i) the significance of environmental impacts and risks; (ii) the carrying capacity of the environment; (iii) equity issues with respect to use of natural resources, (iv)
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This is an official letter regarding the decision on the application. It may be in the form of an Environmental Compliance Certificate or a Denial Letter. The ECC shall contain the scope and limitations of the approved activities, as well as conditions to ensure compliance with the Environmental Management Plan. The ECC shall also specify the setting up of an EMF and EGF, if applicable. No ECC shall be released until the proponent has settled all liabilities, fines and other obligations with DENR. A Denial Letter on the other hand shall specify the bases for the decision. The ECC or Denial Letter shall be issued directly to the project proponent or its duly authorized representative, and receipt of the letter shall be properly documented. The ECC of a project not implemented within five years from its date of issuance is deemed expired. The Proponent shall have to apply for a new ECC if it intends to pursue the project. The reckoning date of project implementation is the date of ground breaking, based on the proponents work plan as submitted to the EMB.

8.2.1.

8.2.2.

8.2.3. Section 6. Appeal 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:

a. b.

Grave abuse of discretion on the part of the deciding authority, or Serious errors in the review findings.

and the proponents commitment to institute effective environmental management measures. 8.3 Amending an ECC

9.4

Abandonment

Requirements for processing ECC amendments shall depend on the nature of the request but shall be focused on the information necessary to assess the environmental impact of such changes. 8.3.1. Requests for minor changes to ECCs such as extension of deadlines for submission of post-ECC requirements shall be decided upon by the endorsing authority. Requests for major changes to ECCs shall be decided upon by the deciding authority. For ECCs issued pursuant to an IEE or IEE checklist, the processing of the amendment application shall not exceed thirty (30) working days; and for ECCs issued pursuant to an EIS, the processing shall not exceed sixty (60) working days. Provisions on automatic approval related to prescribed timeframes under AO 42 shall also apply for the processing of applications to amend ECCs.

For projects that shall no longer be pursued, the proponent should inform EMB to relieve the former from the requirement for continued compliance with the ECC conditions. For projects that have already commenced implementation, an abandonment/decommissioning plan shall be submitted for approval by EMB at least six (6) months before the planned abandonment/decommissioning. The implementation of the plan shall be verified by EMB.

8.3.2.

ARTICLE III STRENGTHENING THE IMPLEMENTATION OF THE PHILIPPINE EIS SYSTEM

8.3.3.

Section 10. Coordination Agencies and other Organizations

with

other

Government

The DENR-EMB shall conduct regular consultations with DTI and other pertinent government agencies, affected industry groups and other stakeholders on continually streamlining the processing of ECC applications and post ECC implementation to fulfill the policy and objectives of this administrative order. The President shall be apprised of the issues raised as well as the actions taken by DENR to address these issues whenever necessary.

Section 9.

Monitoring of Projects with ECCs

Post ECC monitoring of projects shall follow these guidelines. Other details on requirements for monitoring of projects with ECCs shall be stipulated in a procedural manual to be formulated by EMB. 9.1 Multipartite Monitoring Team

Section 11.

Information Systems Improvement

For projects under Category A, a multi-partite monitoring team (MMT) shall be formed immediately after the issuance of an ECC. Proponents required to establish an MMT shall put up an Environmental Monitoring Fund (EMF) not later than the initial construction phase of the project. The MMT shall be composed of representatives of the proponent and of stakeholder groups, including representatives from concerned LGU's, locally accredited NGOs/POs, the community, concerned EMB Regional Office, relevant government agencies, and other sectors that may be identified during the negotiations. The team shall be tasked to undertake monitoring of compliance with ECC conditions as well as the EMP. The MMT shall submit a semi-annual monitoring report within January and July of each year. The EMB shall formulate guidelines for operationalizing area-based or cluster-based MMT. The Bureau may also develop guidelines for delegating monitoring responsibilities to other relevant government agencies as may be deemed necessary. For projects whose significant environmental impacts do not persist after the construction phase or whose impacts could be addressed through other regulatory means or through the mandates of other government agencies, the operations of MMT may be terminated immediately after construction or after a reasonable period during implementation. 9.2 Self-monitoring and Third Party Audit

The information system on the EIS System implementation shall be improved for the effective dissemination of information to the public. The information system shall include regular updating of the status of ECC applications through a website and through other means. Section 12. Accreditation System

To enhance the quality of the EIS submitted to the DENR/EMB, the EMB shall establish an accreditation system for individual professionals, academic and professional organizations that can be tapped to train professionals in conducting EIA using training modules approved by EMB. The EMB shall also work with DTI-BPS for an accreditation system for environmental and EMS auditors, consistent with provisions of DAO 2003-14 on the Philippine Environmental Partnership Program. Section 13. Creation of an EIAM Division Strengthening of Review and Monitoring Capability and

In order to effectively implement the provisions of this administrative order, the current EIA ad hoc division at the EMB Central Office and the EMB Regional Offices that are primarily in-charge of processing ECC applications and post-ECC monitoring shall be converted to a fullpledged Environmental Impact Assessment and Management Division (EIAMD). The Division shall have the following structure and functions: 13.1 The EIA Evaluation Section shall be in charge of screening projects for coverage under the EIS System, EIS Scoping, and evaluation of EISs and IEE's submitted for ECC issuance. It shall have three units responsible, respectively, for screening for coverage, EIS Scoping, and evaluation of ECC applications. The EMB may commission independent professionals, experts from the academe and representatives from relevant government agencies as members of the EIA Review Committee as may be deemed necessary. Further, continual improvement of the technical capability of the Staff of the EIA Division shall be undertaken. 13.2 The Impact Monitoring and Validation Section shall be in charge of monitoring compliance to ECC conditions and implementation of the Environmental Management Program (EMP). The unit shall also validate actual impacts as a basis for evaluating environmental performance and effectiveness of the EMP. 13.3 In the EMB Central Office, there shall be a Systems Planning and Management Section. It shall ensure that a continually improving systems-oriented and integrated approach is followed in implementing the Philippine EIS System vis-a-vis national development programs. The section shall have two units responsible for specific systems-level concerns: (1) Project Level Systems Planning and Management Unit; and (2) Program and Policy Level Systems Planning and Management Unit. This section shall also be responsible for technical coordination with the EIA Division in the different EMB Regional Offices. The organizational structure of the EMB Central Office is in Annex 1.
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The proponent shall also conduct regular self-monitoring of specific parameters indicated in the EMP through its environmental unit. The proponents environmental unit shall submit a semi -annual monitoring report within January and July of each year. For projects with ECCs issued based on a PEPRMP, EPRMP, or an EMS-based EMP, a third party audit may be undertaken by a qualified environmental or EMS auditor upon the initiative of the proponent and in lieu of forming an MMT. The said proponent shall submit to EMB a copy of the audit findings and shall be held accountable for the veracity of the report. The EMB may opt to validate the said report. 9.3 Environmental Guarantee Fund

An Environmental Guarantee Fund (EGF) shall be established for all co-located or single projects that have been determined by DENR to pose a significant public risk or where the project requires rehabilitation or restoration. An EGF Committee shall be formed to manage the fund. It shall be composed of representatives from the EMB Central Office, EMB Regional Office, affected communities, concerned LGU's, and relevant government agencies identified by EMB. An integrated MOA on the MMT-EMF-EGF shall be entered into among the EMB Central Office, EMB Regional Office, the proponent, and representatives of concerned stakeholders.

ARTICLE IV MISCELLANEOUS PROVISIONS Section 14. Budget Allocation

For the effective implementation of this order, adequate funding should be provided under the annual General Appropriations Act. Per AO 42, the new position items for the EIA Division shall be created out of the existing budget and vacant position items within the government service, which shall be reclassified accordingly. Section 15. Fees

All proponents, upon submission of the IEE/EIS and application for amendment, shall pay filing fees and other charges in accordance with prescribed standard costs and fees set by EMB in relation to the implementation of the Philippine EIS System, as shown in Annex 2. The proponent shall shoulder the cost of reviewing the EIS. Section 16. Fines, Penalties And Sanctions

The EMB Central Office or Regional Office Directors shall impose penalties upon persons or entities found violating provisions of P.D. 1586, and its Implementing Rules and Regulations. Details of the Fines and Penalty Structure shall be covered by a separate order. The EMB Director or the EMB-RD may issue a Cease and Desist Order (CDO) based on violations under the Philippine EIS System to prevent grave or irreparable damage to the environment. Such CDO shall be effective immediately. 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. The EMB may publish the identities of firms that are in violation of the EIA Law and its Implementing Rules and Regulations despite repeated Notices of Violation and/or Cease and Desist Orders.

Section 17.

Transitory Provisions

The DENR may extend reprieve to proponents of projects operating without ECC (Categories A-3 and B-3) from penalties specified in PD 1586 upon registration with the EMB Central Office. An Environmental Performance Report and Management Plan (EPRMP) shall be submitted as a requirement for such ECC application within six months from the signing of this Administrative order. During the period that that the Procedural Manual and other necessary guidelines are being prepared, existing guidelines which are consistent with the provisions of this Order shall remain in effect. Adequate resources shall be provided for the formulation of the Procedural Manual and for the effective implementation of this Order. Section 18. Repealing Clause

This Order hereby supersedes Department Administrative Order No. 96-37, Department Administrative Order No. 2000-37, DAO 2000-05 and other related orders, which are inconsistent herewith. Section 19. Effectivity

This Order shall take effect 15 days after its publication in a newspaper of general circulation.

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