The Philippine Environment Impact Statement System and what it entails
Philippine Environmental Impact Statement System
(Presidential Decree 1586; 1978)
Projects in the Philippines that are likely to have considerable
environmental impact are covered by a comprehensive legal
and procedural framework that highlights public participation in
the review process and the projects’ social acceptability.
The Philippine Environmental Impact Statement (EIS) system provides
the legal and procedural framework for conducting Environmental Impact
Assessments (EIAs) for projects likely to have significant environmental
impact.
The Philippines formally established the EIS System in 1978 through
Presidential Decree (PD) 1586 that designated
Department of Environment and Natural Resources (DENR) Environmental
Management Bureau (EMB) and DENR Regional Offices as implementing
agencies.
The EIS system was designed to safeguard the Philippine environment and
natural resources in the face of growing industrialization and urbanization.
Through DENR Administrative Order (DAO) 96-37, DENR upgraded the
EIS system and revised the implementing rules and regulations. DENR
recently issued DAO 2000-05 that highlights the importance of public
participation and social acceptability in the environmental review process.
The system: Coverage and procedures
The EIS system requires completion of an EIA and preparation of
an EIS report for any environmentally critical project (ECP) or any
project located in an environmentally critical area (ECA).
DENR determines whether a proposal is an ECP or will be
implemented in an ECA; if either or both of these conditions apply,
then the proposal is required to secure an environmental
compliance certificate (ECC)
Environmentally critical projects.
•Heavy Industries: including non-ferrous metal industries, iron and steel
mills, smelting plants, and petroleum and petrochemical industries, including
oil and gas;
•Resource Extractive Industries: including major mining and quarrying
projects, forestry projects (logging, major wood processing, introduction of
exotic animals in public or private forests, forest occupancy, extraction of
mangrove products, grazing), and fishery projects (dikes for/and fishpond
development projects);
Environmentally critical projects
•Infrastructure Projects: including major dams, major roads and bridges,
major power plants (fossil-fueled, nuclear, coal-fired, hydroelectric,
geothermal), and major reclamation projects; and
•Golf Course Projects: golf courses and golf resorts are now subject to EIS
requirements
•Other: Many other types of coastal projects not explicitly listed above may,
at the discretion of DENR, require an EIS if they are considered ECPs. Some
likely examples include major resorts or hotels, airports, ports, shoreline
fortifications, fish processing plants, and major military development.
Environmentally critical areas.
•National parks, watershed reserves, wildlife preserves, and sanctuaries declared
by law;
•Areas set aside as potential tourist spots;
•Habitats of endangered or threatened species indigenous to the Philippines;
•Areas of unique historic, archaeological, or scientific interest;
•Areas traditionally occupied by indigenous people and cultural communities;
•Environmentally critical areas.
•Areas frequently hit by natural calamities (geologic hazards, floods, typhoons,
volcanic activity, etc.);
•Areas with critical (steep) slopes;
•Areas classified as prime agricultural lands;
•Aquifer recharge areas;
•Water bodies used for domestic supply or support of fish and wildlife;
•Mangrove areas supporting critical ecological functions or on which people
depend for livelihood; and
•Coral reefs with critical ecological functions.
Projects not covered under the EIS system include:
[Link] that are not ECPs or not located in ECAs
[Link] or structures that have been operating or existing
since 1982, even if they are ECPs or in an ECA; however,
expansion of developed area or production output by these
enterprises requires an ECC.
DAO 96-37 also explains:
•The preparation of an initial EIA;
•Scoping procedures;
•Who is allowed to prepare EIS and IEE documents;
•Who shall be accountable for the validity of an EIS;
•Who reviews the EIS or IEE;
•How decisions are made on a proposed project’s ECC;
•How appeals on an ECC can be made;
•The fees and costs needed for processing and review of an EIS;
•Monitoring the project’s compliance;
•The environmental monitoring and guarantee funds;
•The role of public participation and documenting the social acceptability of a
proposal; and
•Penalties and sanctions for violating requirements of the EIS System.
The LGU has a critical role in ensuring that all development projects in their
jurisdiction that are classified as ECPs or located in ECAs are subjected to the
EIA review process.
While not all projects may require a detailed EIA, all proposed development
activities should be screened to decide which projects need a detailed
evaluation of environmental impacts. Many coastal zone habitats are
considered ECAs, so an environmental review of projects in the coastal zone
may be warranted under PD 1586. The LGU should also facilitate community
participation through public outreach.
It is in the best interests of all stakeholders to design and choose the best
development and mitigation options or to encourage DENR to deny an ECC if
a project does not meet environmental standards.
Required sections or outline of the EIS document (DENR AO 2000-05).
1. EIS Summary, a five-page summary of the EIS highlighting the results of
the EIA, the EMP, and proponents' conclusions on the environmental
acceptability of the proposed project;
2. Project Description provides the project rationale, including data on project
location, process technologies, material and waste streams, timing and phasing
of implementation, and costs including alternative sites or action/no-action
alternatives;
3. Summary of Scoping Agreements in the form of matrix of
issues and concerns to be addressed in the EIS including
validation letter from EMB;
4. Baseline Environmental Conditions for land, water, air, and
people focusing on the sectors (resources) most significantly
affected by the proposed action;
5. Impact Assessment and Analysis focuses on discussion of
critical/significant impacts on the environment (from routine
activities including cumulative impacts);
6. Environmental Risk Assessment focuses on accident scenarios i.e., failure of
pollution control devices or structures such as dams, accidental explosion, ignition
and toxic dispersion, when appropriate;
7. Environmental Management Program/Plan that detail the prevention,
mitigation, emergency response, compensation, contingency, monitoring, and
institutional measures to be taken during project implementation and operation to
avoid/minimize and control adverse environmental impacts and the actions and
resources needed to implement these measures;
8. Supporting Documents such as: technical/socioeconomic data used/generated;
[Link] for Environmental Monitoring and Guarantee Funds including
justification of amount, when required; and
10. Accountability Statement of preparers and proponents.
Who can prepare an EIS or IEE?
•Only accredited individuals, offices, or organizations are allowed to do EIAs
and prepare EIS or IEE documents. This is to ensure that only competent,
credible, and qualified individuals are involved in the studies required to
prepare these documents.
•DENR’s EMB and Regional Offices are empowered to accredit individuals or
organizations to be EIS or IEE preparers.