Environmental Impact Assesment

The Environmental Impact Assesment (EIA) in the Philippines is an evaluation

procedure aiming to predict the cummulative environmental impact of a project
during construction, operation, and abandonment. The process also includes
devising enhancement and preventive measures to address potention environmental
consequences. The EIA System is used to improve planning and design appropriate
Environmental Management and Monitoring plans to reduce adverse environmental
impacts.

The Philippine Environmental Impact Statement System (PEISS) established

through Presidential Decree 1586 in 1978 sets a systematic EIA System and the
Environmental Management Bureau (EMB) of the Department of Environment and
Natural Resources (DENR) is mandated as the lead agency in the implementation of
the System.

Projects or companies with positive reviews for the EIA will be issued an
Environmental Compliance Certificate allowing Environmentally Critical Projects
within Environmental Critical Areas to proceed to various approval processes and
implementation.

Stages and Requirements

Application for an Environmental Compliance Certificate requires compliance with
the following processes:
1. Screening
2. Scoping
3. EIA Study & Report Preparation
4. EIA Review & Evaluation
5. Decision Making
6. Post-ECC Monitoring

7. Validation
8. Evaluation
Requirements vary depending on the project type, the following is a list of
requirements for EIA processess:
1. Environmental Impact Statement (EIS)
2. Initial Environmental Examination Report (IEER)
3. Initial Enviromental Examination Checklist (IEEC)
4. Project Description Report
5. Environment Performance Report and Management Plan (EPRMP)
6. Programmatic Environmental Impact Statement (PEIS)
7. Programmatic Environmental Performance Report and Management Plan

The Environmental Clearance Certificate

ERTIFICATE

The Environmental Clearance Certificate is mandatory requirement for the project activities
included in the Schedule of EIA notification dated 14th September 2006 { under
Environment (Protection ) Act 1986} , before initiating any project related activities on the
site . The procedure for obtaining Environmental Clearance Certificate involves following
major steps.

Submission of an application in a prescribed application format either to the Ministry

of Environment & Forest New Delhi (in case of Category A projects)or the Department of
Environment & Forest of the respective State Government ( in case of Category B projects)

Approval of Terms of Reference for preparation of Environmental Impact Assessment

Study report by concerned Authority

Preparation of Environmental Impact Assessment Study Report as per approved TOR

(covering Environmental Quality Data of one full season other than Monsoon) only by the
NABET accredited EIA Consultant

Public Hearing Process based on Environmental Impact Assessment Study Report

prepared

Submission of Environmental Impact Assessment Study Report along with minutes of

Public Hearing to concerned authority for final appraisal and issuance of ECC.

The anticipated duration for getting ECC is ranging between 6 months to 12 months.
Ramans Enviro Services Private Ltd provides complete technical supports for the process of
obtaining ECC.
Environmental Management Bureau
(EMB), DENR
Visayas Ave., Quezon City
Tel. 920-2240 to 42 / 927-1517
An Environmental Impact Statement (EIS) or an Initial Environmental Examination (IEE)
is required from projects applying for ECC, with the following documents accompanying
the application, depending on the project type and status of the area where it will be
located.
1. Duly signed Scoping Report
2. Certificate of Water Availability from the National Water Regulatory Board (NWRB)
3. Department of Agriculture (DA) Certificate of non-viability for agricultural
purpose/viability for conversion if existing land classification of proposed project site is
agricultural
4. Department of Agrarian Reform (DAR) order of exemption if land to be developed is
distributed or converted under the Comprehensive Agrarian Reform Program (CARP)
5. Special Land Use Permit (SLUP) if existing land classification of the proposed project
site is a forest/timber land or one that is not yet classified as Alienable and Disposable
Land
6. Certificate of Zoning Viability from the Housing and Land Use Regulatory Board
Department/Municipal/City Zoning Administrator (Locational Clearance)
7. Proof of Ownership of Land to be developed (e.g. OCTs,TCTs and CLOA)
8. SEC Registration
9. "Notice to Proceed" from Golf Course Construction and Development Committee
(GCCDC) for a Golf Course Project

10. Exploration Permit from Mines and Geosciences Bureau for a mining or nongeothermal energy project
11. Clearance from the Philippine Ports Authority (PPA) for port, pier, wharf and jetty
projects
12. Clearance from Public Estates Authority for Reclamation projects
13. Draft (integrated) Memorandum Of Agreement (MOA) establishing the creation of an
Environmental Guarantee Fund (EGF), Environmental Monitoring Fund (EMF) and MultiPartite Monitoring Fund (MMT). The specific amount of the EGF and EMF should be stated
in the said MOA
14. Resolution(s)/Endorsement(s)/Statement(s) from Local Government Units
(LGUs)/Barangays
15. Projected Tax Return Contributions
16. Audited Financial Income Statements and Total Assets

Certificate of Environmental Clearance FAQ's

Click onto a Question to view the answer and Click back onto it to "Hide / Close" the answer
Q. What is a Certificate of Environmental Clearance [CEC]?
It is a permit from the EMA for certain types of projects or activities.

Q. Is a CEC the only permission needed to start a project?

No. In most cases a CEC is one of many approvals needed. Permission from other Government
Agencies is needed before a project activity can commence.

Q. Do all projects need CECs?

No. The Environmental Management Act has by means of an attached Schedule to the CEC Order,
outlines a "designated list of activities" that require a CEC. These activities are considered to have the
potential for significant adverse effects or risks to the environment whether in the phase of establishment,
expansion, operation, decommissioning or abandonment.

Q. Designate activities are listed in the broad categories of:

Agriculture

Heavy and Light Manufacturing Industry

Civil Works

Natural Resource/ Mineral Extraction and Processing

Transport operations and construction of associated infrastructure

Other service oriented industries

Q. What kinds of work can start on a site before a CEC is issued?

Very little. No construction for a project requiring a CEC, can start before CEC approval. Only minor
works that are needed to investigate the site are allowed.

Q. What does the EMA consider when it decides on a CEC?

The EMA considers:

The effect of noise

Dust and fumes

Water above and below ground level

Waste

Flooding

Landslides

Beach destruction

Damage to homes

Whether the negative effects of the project can be reduced to acceptable levels

The effect on animals and plants

The effect on services such as drinking water, roads and traffic and electricity supply

Issues that affect the community such as health, wealth, education, custom and traditions that
can be made better or worse by the project and can affect the environment

Q. Is there anything the EMA does not consider?

Yes. There are many things that the EMA does not have the power to consider when deciding on a CEC.
These include:

The health and safety of persons when working on a project during construction or operation

Whether the project area is zoned for agricultural, commercial, residential or industrial use

Whether the project is the most beneficial use of the country's energy resources

Q. What is a Terms of Reference [TOR]?

It is an official document, prepared by the EMA as part of the CEC application review process. The TOR
gives strict guidelines that applicants MUST use in conducting the Environmental Impact Assessment
[EIA].

Q. What is the purpose of an Environmental Impact Assessment [EIA]?

An EIA is a study that is used to identify the environmental, social and economic consequences of any
development project. The EIA ensures that any potential problems are foreseen and dealt with at an early
stage in the projects planning and design.

Q. How can the public participate in the EIA process?

The EMA and the project developers are required to encourage the public to comment on the EIA through
direct contact with the EMA or developer's staff, submitting written comments or attending and voicing
their concerns at public or community meetings. Contact the EMA on 628-8042/8044 or by email:
ema@ema.co.tt This email address is being protected from spam bots, you need Javascript enabled
to view it or visit us at: #8 Elizabeth Street, St. Clair, Port of Spain for more details.

ENVIRONMENTAL LAWS OF THE PHILIPPINES

ENVIRONMENTAL LAWS AND POLICIES
Bio 425/426/427 (Environmental Issues and Policies)
P.D. 984 Pollution Control Law
P.D. 1151 Philippine Environmental Policy
- defines the general policies on he pursuit of a better quality of life for the present and
future generations and mandates the undertaking the environmental impact
assessments for all projects, which may significantly affect the environment.
P.D. 1152 Philippine Environmental Policy
- defines the policy objectives and the strategies for the various aspects of
environmental management, such as air and water quality management,
natural source development, land management, and waste management. It
launches a comprehensive national program of environmental protection and
management, with reference to policies and standards of noise, air quality,
water quality, classification of water and waste management.
P.D. 1586 defines the framework for the implementation of the environmental impact
assessment as the mechanism to reconcile the impacts of development
projects on society and the physical environment.
P.D. 389 (P.D. 705) The Forestry Reform Code
- codifies, updates and raises forestry laws in the country. It emphasizes the sustainable
utilization of forest resources.
P.D. 330 & P.D. 953 laws on penalizing illegal cutting of trees
P.D. 953 & 1153 laws on tree planting
P.D. 331- laws requiring all public forests be developed on a sustained yield basis.

P.D. 704 preservation of optimum productivity of fishery resources through

conservation and protection.
P.D. 1015 banning the operation of commercial fishing within a distance of 7
kilometers from the shoreline.
P.D. 1058 increasing the penalties for illegal forms of fishing.
P.D. 1219 providing for the protection of coral ecosystems.
P.D. 1067 Water Code of the Philippines
- adopts adequate measures to conserve and regulate the use of water in commercial,
industrial and residential areas. It also provides other policy guidelines in water
quality and management of water resources.
P.D. 463 amended the Mining Act of 1936, requires all mining leaseholders to comply
with Pollution Control Laws and regulations and provide for penalties for
noncompliance.
P.D. 1198 reinforces this provision for restoration of mined-out areas to this original
condition to the extent possible.
P.D. 1251 imposes fines on tailings and mine wastes and the fund generated is used
to pay for the damages to land, agricultural crops, forests products, aquatic
resources and infrastructures caused by pollution for mining operations.
P.D. 984 The Pollution Control Law
P.D. 1181 (supplements the provision of P.D. 984) providing for the abatement, control
and prevention of vehicular pollution & establishing the maximum allowance
emissions of specific air pollutants from all types of vehicle.
P.D. 600 ( amended by P.D. 979) Water Pollution Control
- prohibits the discharge of oil, noxious liquid substances, and other harmful substances
into the countrys inland and territorial waters.
P.D. 825 prohibits the improper disposal of garbage
P.D. 856 Sanitation Code
- places the responsibility in the local government units for he solid waste management
in his area of production.
P.D. 1144 Control of Pesticides

R.A. 8749 Philippine Clean Air Act of 1999

- provides for a comprehensive air pollution control policy
R.A 3720 Food Additives
R.A. 6425 Drugs
R.A 280 Cosmetics
R.A. 7160 Local Government Code of 1991
-provides that local government should share with the national government the
responsibility in the management and maintenance of ecological balance within
their territorial jurisdiction subject to national policies and other pertinent
provisions of the code.
R.A. 6969 Toxic Substances and Hazardous and Nuclear Wastes Control Act
- authorizes the DENR to establish a program to regulate, restrict or prohibit the
importation, manufacture, processing, sale, destruction, use and disposal of
chemical substances, and mixture that present unreasonable risk and/or injury
to health or the environment.
R.A. 8550 The Fisheries Code of the Philippines
- defines the policies of the state in the protection, conservation and effective
management of fisheries stock as well as identifying allowable fishing methods
in Philippine coastal waters.
R.A. 9003 The Solid Waste Management Act of 2001- an act providing for an
ecological solid waste management program, creating the necessary
institutional mechanisms and incentives, declaring certain acts prohibited and
providing penalties, appropriating funds therefor, and for other purposes.
R.A. 9275- also known as the Philippine Clean Water Act of 2004 an act providing a
comprehensive water quality management and for other purposes.
R.A. 9729 also known as the Climate Change Act of 2009. - an act mainstreaming
climate change into government policy formulations, establishing the framework
strategy and program on climate change, creating for this purpose the climate change
commission, and for other purposes.