By:

Dante T. Ramos

PART I –

LAWS ON RECLAMATION

• Section 1. (Amended Sec. 7 of PD No. 3)

The provisions of any law to the contrary

notwithstanding, the reclamation of areas under water,

whether foreshore or inland, shall be limited to the National

Government or any person authorized by it under a proper

contract.

All reclamation made in violation of this provision shall

be forfeited to the State without need of judicial action.

• Charter of the Public Estates Authority

• Granted PEA the power, among others to reclaim land,

including foreshore and submerged areas, by

dredging, filling or other means, or to acquire

reclaimed land [Secs. 4(a), 5(j)]

• SECTION 1 - The Public Estates Authority (PEA) shall be

primarily responsible for integrating, directing, and

coordinating all reclamation projects for and on behalf of the

National Government. All reclamation projects shall be

approved by the President upon recommendation of the PEA,

and shall be undertaken by the PEA or through a proper

contract executed by it with any person or entity; provided,

that, reclamation projects of any National Government

agency or entity authorized under its Charter shall be

undertaken in consultation with the PEA upon approval of the

President.

• Transformed PEA into the Philippine

Reclamation Authority (PRA).

• PRA shall perform all the powers and functions

of the PEA relating to reclamation activities.

• Delegated to the Philippine Reclamation

Authority the power of the President to approve

reclamation projects subject to:

• compliance with existing laws and rules and

• the condition that reclamation contracts to be

executed with any person or entity shall go

through public bidding.

• Defined the responsibilities of the DENR and PRA in the

approval and implementation of reclamation projects

nationwide

• PRA –

• approves all reclamation projects on behalf of the President subject to

compliance with existing laws and rules

• Monitors and supervises the implementation of the project

• DENR –

• Issues, upon request of PRA, the permit authorizing/clearing a particular

area to be the site of the proposed reclamation project (Area Clearance)

• Processes application for ECC for the project

• Undertakes survey of reclaimed land

• Issues Special Patent for reclaimed land preparatory to issuance of titles

• SECTION 3. No reclamation projects shall be undertaken by all the entities covered under Section 2 hereof without the prior permit and approval thereof by the PRA or the President of the Philippines (President). Other than the PRA or the President, there is no other government agency or local government units which is authorized to approve reclamation projects.

• PRA AO 2007-2 applies to:

• Reclamation undertaken by persons or entities with original authority to reclaim under existing laws:

• (a) Cities and provinces using their own funds authorized under Republic Act No. 7160 otherwise known as the 1991 Local Government Code of 1991;

• (b) Government agencies and instrumentalities and government owned and/or controlled corporations authorized to reclaim under their charters or other existing laws (e.g. PPA, LLDA, DOT, BCDA, DPWH)

• Reclamation Projects of persons or entities authorized to reclaim through a proper contract with PRA.

PART II

THE PHILIPPINE ENVIRONMENTAL

IMPACT STATEMENT SYSTEM

(The Philippine Environmental Impact Statement System: Framework, Performance

and Challenges, June 2007)

• Recognized the right of the people to a healthful

environment.

• Required all agencies and instrumentalities of the

national government, including GOCCs, as well as

private corporations firms and entities to prepare, file

and include a detailed Environmental Impact

Statement in every action, project or undertaking

which significantly affects the quality of the

environment

• Promulgated on June 11, 1978

• Declared Policy: To attain and maintain a rational and orderly

balance between socio-economic growth and environmental

protection

• Empowered the President to declare certain areas and projects

as environmentally critical

• Established the Environmental Impact Statement System in the

Philippines which mandates that no person, partnership or

corporation shall undertake or operate any declared

environmentally critical project or project within an

environmentally critical area without first securing an

Environmental Compliance Certificate

• Promulgated on December 14, 1981

• Defined the projects falling within the

scope of the EISS

•Environmentally –critical projects

• Projects located in environmentally

critical areas

• Consolidated previous issuances to simplify the

system

• Emphasized preparation of an environmental

management plan (EMP) as a component of the EIS

• Incorporated use of environmental management

system-derived EMP for projects operating without

ECC or those with ECC but expanding operation

• Emphasized use of EIA as a planning tool

• Issued pursuant to Section 8.1 of DAO 2003-30, which

prescribes a Manual of Procedures for the processing of

applications for Environmental Compliance Certificates (ECCs)

and Certificates of Non-Coverage (CNCs)

• Integrates new DENR-EMB policies to further promote EIA as a

planning and decision-making tool, foremost of which is the

segregation from the EIA process of the practice of prior

submission of permits, clearances, licenses, endorsements,

resolutions and other government approvals within the

jurisdiction of other National Government Agencies and Local

Government Units which can pre-empt the EIA evaluation

process.

• A process that involves predicting and evaluating the likely impacts of a project (including cumulative impacts) on the environment during construction, commissioning, operation and abandonment.

• It includes designing appropriate preventive, mitigating and enhancement measures addressing these consequences to protect the environment and the community's welfare.

(REVISED PROCEDURAL MANUAL FOR DAO 2003-30)

• Enhance planning and guide decision-making.

• Integrate environmental concerns in the planning process

of projects at the feasibility stage.

• Reduce adverse environmental impacts of proposed

actions thru a reiterative review process of project siting,

design and other alternatives, and the formulation of

environmental management and monitoring plans.

• Release of the ECC allows the project to proceed to the

next stage of project planning, which is the acquisition

of approvals from other government agencies and

LGUs, after which the project can start implementation. (REVISED PROCEDURAL MANUAL FOR DAO 2003-30)

1. Heavy Industries

• Non-ferrous metal industries

• Iron and steel mills

• Petroleum and petrochemical industries

including oil and gas

• Smelting plants

2. Resource Extractive Industries

• Major mining and quarrying projects

• Forestry projects

• Logging

• Major wood processing projects

• Introduction of fauna (exotic-animals) in public/private forests

• Forest occupancy

• Extraction of mangrove products

• Grazing

• Fishery Projects

• Dikes for /and fishpond development projects

3. Infrastructure Projects

• Major dams

• Major power plants (fossil-fueled, nuclear-

fueled, hydroelectric or geothermal)

• Major reclamation projects

• Major roads and bridges

4. Golf Courses (under Presidential Proclamation

300)

• Section 3. Prior to the implementation of the

duly approved reclamation projects, the

Environmental Compliance Certificate (ECC)

shall be secured from DENR and that no

reclamation works shall commence without the

required ECC.

(Executive Order No. 672, October 19, 2007)

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. Recharge areas of aquifers

10. Water bodies characterized by one or any

combination of the following conditions:

• tapped for domestic purposes;

• within the controlled and/or protected areas

declared by appropriate authorities; and

• which support wildlife and fishery activities.

11. Mangrove areas characterized by one or any

combination or the following conditions:

• with primary pristine and dense young growth;

• adjoining mouth of major river systems;

• near or adjacent to traditional productive fry or

fishing grounds;

• act as natural buffers against shore erosion, strong

winds and storm floods; and

• people are dependent on them for their livelihood.

12. Coral reefs characterized by one or any combination of the following conditions:

• with 50 percent and above live coralline cover;

• spawning and nursery grounds for fish; and,

• which act as natural breakwater of coastlines

(Presidential Proclamation Nos. 2146 and 300)

(The Philippine Environmental Impact Statement System: Framework, Performance

and Challenges, June 2007)

• Project Screening

• EIA Study and Scoping

• Preparation and Conduct of the EIA

Study/Report

• Review and Evaluation

• Decision Making (Approval or Denial of ECC)

• Post ECC Monitoring , Validation and

Evaluation/Audit Stage

• Purpose: To determine if project will be subject

to EIA Process and secure an ECC

• EIA Process/ECC required if:

• Project is declared through Proclamations 2146 (1979) and

803 (1999) as environmentally critical project (i.e., one which

poses significant environmental impact)

• Project is to be located in environmentally critical area

declared through Pres. Proc. No. 2146 where significant

impacts are expected for certain types and thresholds of

proposed projects

• EIS and Scoping mandatory for Category A projects

• Category B projects are required to undergo only Initial Environmental Examination (IEE) unless found insufficient to address impacts after evaluation; Scoping is encouraged but not mandatorily required

• Public and concerned agencies are asked to comment on the purpose and need of the project, issues and impacts and mitigating measures

• Community inputs precede the Technical Scoping of the EIA Review Team with Proponent

• Proponent must conduct prior social preparation activities and provide LGUs and stakeholders with information, education and communication materials about the project

•Review Team Composition –

•EMB Case Handler

•Environmental Impact Assessment Review

Committee (EIARC) members

•Resource persons

•Proponent presents a project overview,

key issues & proposed TOR of EIA

Study.

•Review Team raises key issues on scope

of EIA Study, subject to Site &

Technical Scoping.

• Pro-forma Public Scoping Program/Guidelines are

presented to guide Proponent in preparation for

proper conduct of scoping.

•A public hearing is conducted to allow community

sectors to raise their issues to be addressed in the

EIA Study.

•A Pro-forma Listing of Community Issues is provided

for sign-off by key scoping participants as an input

to the Technical Scoping.

• EIA SPSC presented by the Proponent during

Project Briefing is reviewed, finalized and

signed by the Review Team and the

Proponent based on the results of the Public

Scoping

• Includes a description of the proposed project and

its alternatives along with the Environmental

Management and Monitoring Plan

• Should include participation of local stakeholders

as resource persons in primary data collection

• LGUs have to be consulted in drafting of Social

Development Plan, Information Education and

Communication Plan and Monitoring Plan, all

included in the EMP

• Undertaken by EMB

• Entails commissioning of third party experts and resource persons to form the Environmental Impact Assessment Review Committee

• Public disclosure of EIA findings mandatory through:

• Public Consultation

• Public Hearing

• May be waived by EMB per Proponent’s request in absence of mounting opposition or with valid basis

PEIS – Programmatic Environmental Impact Statement

EIS – Environmental Impact Statement

PEPRMP – Programmatic Environmental Performance Report and Management Plan

EPRMP - Environmental Performance Report and Management Plan

SV – Site Visit PH – Public Hearing PC – Public Consultation

• To ensure well-informed participation during the

hearing/consultation process, Proponent must

provide the following beforehand:

• Copies of full EIA Report to the host municipality/ies

• Copies of the Executive Summary to host barangay/s;

• Project Fact Sheets, written in the local dialect or mixed

with popularly known language of the host communities,

to other stakeholders

• That environmental considerations are

integrated into the overall project planning,

• That the assessment is technically sound and

proposed environmental mitigation measures

are effective, and

• That the EIA process is based on a timely,

informed and meaningful public participation of

potentially-affected communities.

(REVISED PROCEDURAL MANUAL FOR DAO 2003-30)

• Deciding authority • President/DENR Secretary or EMB-DENR Regional Office

• LLDA for projects in the Laguna Lake area (DAO 2004-61) except those within PEZA areas (DAO 2005-02)

• Must be based on:

• Striking balance between socio-economic growth and environmental protection

• Utilizing environmental and socio-economic criteria; and

• Respect and support for the primacy of jurisdiction of other Government agencies and LGUs

• If ECC/CNC is approved, it is endorsed to concerned authorities like LGUs and GAs to guide them in issuance of necessary permits/clearances

• Grant of Environmental Compliance

Certificate (ECC)

• Issuance of Certificate of Non-Coverage

(CNC)

• Issuance of Denial Letter

• Issued as a certificate of Environmental Compliance Commitment to which the Proponent conforms with, after DENR-EMB explains the ECC conditions.

• The Proponent signs a sworn undertaking of full responsibility over implementation of specified measures which are necessary to comply with existing environmental regulations or to operate within best environmental practices that are not currently covered by existing laws.

• Results from a positive review of the Project Description Report

(PDR) that the project has no Group I/II sub-components falling

under EIS/IEE threshold grouping or of similar characteristics.

• CNC certifies that the project is not covered by the EIS System

and is not required to secure an ECC.

• CNC advises the Proponent on coverage to other requirements

by other DENR offices, LGUs or other government agencies.

• CNC cannot be issued for projects with PDR thresholds

component but which also has sub-components with EIS/IEE

threshold.

• Gives notice of disapproval of the application and guidance on how

the application can be improved to a level of acceptability in the

next EIA process.

• Unsatisfactory evaluation by the EIARC or EMB of the Proponent’s

submitted Additional Information (AI) at the end of the review process

shall be a basis for the denial of the application.

• However, non-submission of an AI within the agreed timeframe may

result only to a return of the EIA Report. Should the Proponent fail to

resubmit the EIA Report within a prescribed period, the application is

considered “dropped” (not denied). The Proponent will thereafter

have to submit a new application with payment of new processing

fees if it decides to pursue acquisition of an ECC.

• First Part:

• The certificate of environmental compliance

commitment, which defines the scope limits of the

project, in terms of capacity, area, technology or

process.

•Covering letter transmitting the ECC to the

Proponent, signed off by the deciding and signing

authority (either the DENR Secretary, EMB Director

or EMB Regional Director)

• Annex B of the ECC which lists (1) the EIA Review

Committee’s recommendations to the Proponent

suggestions to the government agencies and (2) LGUs

who have mandates over the project so that they can

integrate the EIA findings into their decision-making

process.

The EIARC Chair, the EMB Chief and the EMB

Director/Regional Director sign this portion of the ECC.

Formally transmitted by the DENR-EMB to the concerned Gas

and LGUs.

Decision on the EIA application is vested only in

the President of the Philippines, the DENR

Secretary and EMB-RO

LGUs have the option to accept/modify or

disregard the recommendations of the ECC

• An ECC is NOT A PERMIT

LGU concerned will have to justify to the public

the basis of their decision

• The decisions on applications shall be made within prescribed timelines within the control of DENR

• Otherwise, the application shall be deemed automatically approved, with the issuance of the approval document within five (5) working days from the time the prescribed period lapsed.

• Objective is to determine:

•Compliance to the conditions set in the ECC and the

EMP

• Effectiveness of environmental measures on

prevention or mitigation of actual project impacts

vis-à-vis predicted impacts used as basis for the EMP

design; and

•Continual updating of the EMP for sustained

responsiveness to project operations and project

impacts

• Proponent

• submits semi-annual ECC Compliance Monitoring Report to the

EMB)

• Multi-partite Monitoring Teams (MMTs) • Provides appropriate checks and balances

• Validates Proponent’s environmental performance

• Recommends course of action to EMB

• EMB-DENR

• Primary responsibility for over-all evaluation/audit of

Proponent’s monitoring and MMT’s validation

New Maximum Processing Timeframe under DENR

Memorandum Circular No. 2010-14 (June 29, 2010)

EIA PROCESS IN RELATION TO PROJECT CYCLE

• EIA Process envisioned to undertake a

comprehensive and integrated approach in the

review and evaluation of environment-related

concerns of government agencies (GAs), local

government units (LGUs) and the general public.

• The subsequent EIA findings shall provide

guidance and recommendations to these entities

as a basis for their decision-making process.

• DEFINITION –

• The 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.

(Sec. 3 (as) DAO 2003- 30)

• Information, Education and Communication (IEC) of

concerned LGUs is required for use as basis to identify

stakeholders and issues preparatory to Public Scoping.

• Public Scoping with project stakeholders, during which

community sectors raise their issues to be addressed in the EIA

Study.

• Public hearing is mandatory for PEIS and IES-based projects

• Pubic consultation is required in PEIS and EIS-based projects in

case public hearing is waived by EMB for valid reasons where

there is lack of absence of 1) significant mounting opposition,

AND 2) upon written request by the proponent

• Project proponent is required to ensure widest participation by

stakeholders in the public hearing.

• Notice of Public Hearing is required to be published in a

newspaper of general circulation in the Region and to posted in

conspicuous public places in the LGU at least 15 days before

the public hearing

• Pubic consultation is required in PEIS and EIS-based projects in

case public hearing is waived by EMB for valid reasons where

there is lack or absence of 1) significant mounting opposition,

AND 2) upon written request by the proponent

• Proponent is required to provide, before the public hearing :

• At least one (1) complete copy of the EIA Report to the EMB Office, to be

used as reference by stakeholders who want to review the document for drafting their position on the project.

• At least one (1) complete copy of the EIA Report to each of the host municipalities

• At least one (1) copy of the Executive Summary to each of the host barangays, to be lodged at the development council offices or libraries of the concerned LGUs for easy access by the people

• Project Fact Sheets, written in the local dialect or mixed with popularly known language of the host communities, to other stakeholders

• Venue selected by the EMB for the public hearing must be neutral, i.e., not identified or associated with a party who is in favor of or against the project; the venue must not be in a government location (e.g., office, conference hall) of a government unit or agency that has regulatory control, jurisdiction or interest over the project.

• The hearing officer should insure that heated or emotional

debates and arguments are avoided and the opportunity to

ventilate valid issues and concerns maximized, with full

representation across the broad sectors of the various

stakeholders or interest groups.

• Participants are allowed to ask questions about specific points

in the impact study, raise new points, assess the content of the

impact study, challenge the data, methodology, or even the

interpretation of the data, interpret or re-interpret the results of

the proponent's analysis or introduce new information and

assessments.

• Within 3 working days, the proponent is required to carefully

document (in audio and preferably in videotape form) all

public hearings and submit the same to EIARC, copy furnished

the public hearing officer, who shall prepare a Public Hearing

Report within 10 working days.

• EIARC shall prescribe the appropriate feedback mechanism/s

(e.g., manner of providing copies of the documentation) for

those who demand it and those deemed by the EIARC as

needing it.

• Representation of stakeholders in the Multi-partite Monitoring

Team

• Remains valid and active for the lifetime of the project

• Expires:

• If project has not been implemented within five (5) years from ECC issuance

• ECC has not been requested to be extended within three (3) months from expiration of validity

• ECC is cancelled for reasons provided by law

• Proponent may be required to submit new ECC application if baseline characteristics have significantly changed to make the earlier impact assessment no longer appropriate

• Cancellation or suspension of the ECC

• Imposition of fines of PhP50,000 per violation of P.D. 1586 and its implementing rules and regulations.

• DENR-EMB may issue a Cease and Desist Order to the violating establishment, presumably to prevent damage to the environment.

• Cease and Desist Order takes effect upon issuance, and any appeal or motion seeking to lift it shall not sway its effectivity.

• DENR shall act on such appeal or motion within 10 working days from filing.

• DENR-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 CDO

• Civil damages

• Appeal the decision within 15 days from receipt –

• Grounds:

• Grave abuse of discretion on the part of the deciding authority

• Serious errors in the review findings

• Where to file:

• File an Environmental Case:

• Civil with TEPO/EPO

• Criminal with TEPO

• Writ of Kalikasan or Writ of Continuing Mandamus with TEPO/EPO

• Administrative Action against erring public official

• Lack of capacity to fully carry out the EIS system, particularly in the remote province;

• Insufficient mapping of the environmentally critical areas in the country in which EIAs are required of developmental projects; and

• Most significant, there is the lack of compliance with the EIS system.

(Economic and Social Commission for Asia and the Pacific (ESCAP) Virtual Conference on Integrating Environmental Considerations into Economic Policy Making Processes)

• Institutional problems among participants who view the

requirements for EIA as more bureaucratic red tape

since EIA was not fully internalized in the planning

processes

• Deficiencies in data management systems,

inappropriate monitoring mechanisms

• Lack of skilled and trained manpower

• Political interference

(Towards SEA for the developing nations of Asia

by Briffetta, Obbardb and Mackee)

• Environmental impacts addressed by EIA system are

limited and project-specific, not often taking into

account environmental concerns in surrounding

cities/communities

• Lack of Environmental Management Plan (EMP) in

concerned LGUs make the EIA a hodge-podge

approach to environmental impact mitigation

• A project EIA is generally limited to direct impacts and

does not adequately consider the cumulative impacts

of more than one project

• Make it a point to know your rights. Participate in

Education, public awareness and empowerment events

and activities

• Reach out to educate less-empowered and vulnerable

sectors of society (e.g., IPs, marginalized sectors, etc.

on their rights)

• Be aware of what’s happening around us, especially

projects and activities that have a potential impact on

the environment

• Make our public servants do their duty to protect the environment. Look over the shoulders of public officials involved in the processing and decision making process Lobby for the enactment of Environmental Management Plans by our LGUs

• Make environment an election issue and get environment-friendly politicians elected to office

• Get involved! MAKIALAM! MAKIALAM

• Kung hindi ikaw, sino pa? Kung hindi ngayon, kailan pa?

THANK YOU