Module 2 Flashcards Preview

NatRes > Module 2 > Flashcards

Flashcards in Module 2 Deck (26)
Loading flashcards...
1

PD No. 1151

PHILIPPINE ENVIRONMENTAL POLICY

2

Policy of PD No. 1151

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.

3

Goal of PD No. 1151

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.

4

Environmental Impact Statements requirements

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.

5

PD No. 1586

ESTABLISHING AN ENVIRONMENTAL IMPACT STATEMENT SYSTEM, INCLUDING OTHER ENVIRONMENTAL MANAGEMENT RELATED MEASURES AND FOR OTHER PURPOSES

6

Different agencies charged with environmental protection as enumerated in Letter of Instruction No. 422

1. Department of Natural Resources
2. Department of Agriculture
3. Department of Health
4. Department of Local Government and and Community Development
5. Department of Public Highways
6. Department of Public Works, Transportation and Communications
7. Department of Education and Culture
8. National Economic and Development Authority
9. Energy Development Board
10. National Pollution Control Commission
11. Philippine Atomic Energy Commission
12. Human Settlements Commission
13. Laguna Lake Development Authority
14. Philippine Council for Agricultural and Resources Research
15. National Housing Authority
16. National Irrigation Administration
17. UP Natural Science Research Center
18. Philippine Coast Guard
19. PAGASA

7

Policy of PD No. 1586

It is hereby declared the policy of the State to attain and maintain a rational and orderly balance between socio-economic growth and environmental protection.

8

The __________________ or his designated representative is hereby authorized to name the lead agencies referred to in Section 4 of Presidential Decree No. 1151 which shall have jurisdiction to undertake the preparation of the necessary environmental impact statements on declared environmentally critical projects and areas.

All Environmental Impact Statements shall be submitted to the ________________ for review and evaluation.

a. Minister of Human Settlements
b. National Environmental Protection Council

9

The President of the Philippines may, on his own initiative or upon recommendation of the National Environmental Protection Council, by proclamation declare certain projects, undertakings or areas in the country as environmentally critical. T or F.

True.

10

No person, partnership or corporation shall undertake or operate any such declared environmentally critical project or area without first securing an Environmental Compliance Certificate issued by the President or his duly authorized representative. T or F.

True.

11

The National Environmental Protection Council, thru the Ministry of Human Settlements may require non-critical projects and undertakings to provide additional environmental safeguards as it may deem necessary. T or F.

True.

12

The _____________ shall issue the necessary rules and regulations to implement this PD No. 1586

For this purpose, the ____________ Commission may be availed of as one of its implementing arms, consistent with the powers and responsibilities of the National Pollution Control Commission as provided in P.D. No. 984.

National Environmental Protection Council
National Pollution Control

13

NEPA requirements are invoked when

airports, buildings, military complexes, highways, parkland purchases, and other federal activities are proposed

14

Environmental Assessments (EAs) and Environmental Impact Statements (EISs)

assessments of the likelihood of impacts from alternative courses of action, are required from all Federal agencies and are the most visible NEPA requirements

15

Purpose of National Environmental Policy Act (NEPA)

To declare a national policy which will encourage productive and enjoyable harmony between man and his environment; to promote efforts which will prevent or eliminate damage to the environment and biosphere
and stimulate the health and welfare of man; to enrich the understanding of the ecological systems and natural resources important to the Nation; and to establish a Council on Environmental Quality.

16

[Not sure yet] PD 1586 v. NEPA

NEPA has a specially designated group in charge of assessment and reports:
There is created in the Executive Office of the President a Council on Environmental Quality (hereinafter referred to as the "Council"). The Council shall be composed of three members who shall be appointed by the President to serve at his pleasure, by and with the advice and consent of the Senate. The President shall designate one of the members of the Council to serve as Chairman. Each member shall be a person who, as
a result of his training, experience, and attainments, is exceptionally well qualified to analyze and interpret environmental trends and information of all kinds; to appraise programs and activities of the Federal Government in the light of the policy set forth in title I of this Act; to be conscious of and responsive to the scientific, economic, social, aesthetic, and cultural
needs and interests of the Nation; and to formulate and recommend national policies to promote the improvement of the quality of the environment. [Sec. 202]

17

Philippine Environmental Impact Statement System

The main objective of the PEISS is to require every project proponent to take the environment into consideration in the implementation of its project in order to provide adequate protection to the environment or at least minimize the project’s potential negative impacts.

18

Background of the PEISS

Pursuant to the national environmental protection program of the country, PD No. 1151 was passed in 1979 which required all agencies and instrumentalities of the national government, including government owned or controlled corporations, as well as private corporations, firms, and entities, to prepare, file and include an Environmental Impact Statement (EIS) in every action, project or undertaking which significantly affects the quality of the environment.379 The EIS contains the environmental impact of the proposed action, project or undertaking, its potential adverse environmental effect and alternatives to the proposed activity.

Thereafter, PD No. 1586 was promulgated to give more teeth to this requirement. PD No. 1586 established the EIS System, which provided a systems-oriented and integrated approach to the filing of the EIS in coordination with the whole environmental protection program of the State.381 This system was eventually called the PEISS. The PEISS was derived from the Environment Impact Assessment System of the United States which was embodied in the National Environmental Policy Act of 1969.

19

Environmental Impact Assessment (EIA) process

defined as a process of identifying and predicting the potential environmental impacts (including bio-physical,
socio-economic and cultural) of proposed actions, policies, programmes and projects and communicating this information to decision-makers before they make their decisions on the proposed actions

The EIA Process is a proponent-driven process wherein the Proponent applies for an Environmental Compliance Certificate (ECC) by submitting an EIS.

20

ECC

The ECC is a “document issued by the DENR-EMB after a positive review of an ECC application, certifying 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 a “summary of the information
on the type, size and location of the project, environmental impacts, the mitigating measures and environmental management plan for the various government agencies to consider in their decision-making process.” This document is one of the requirements a Proponent must obtain before it can begin or continue a project. Without the ECC, the Proponent would not be able to acquire the necessary approval from other government agencies and LGUs, thereby effectively preventing it from proceeding with its project.

21

Republic of the Philippines v. City of Davao, G.R. No. 148622, Sept. 12, 2002, 388 SCRA 691

Facts: The City of Davao filed an application with the Environmental Management Bureau (EMB) for a Certificate of Non-Coverage (CNC) for its proposed project, the Davao City Artica Sports Dome. The EMB denied the application on the ground that the proposed project was within an environmentally critical area and thus, the City of Davao should secure an Environmental Compliance Certificate (ECC) instead of a CNC. The City of Davao filed a petition for mandamus and injunction alleging that “its proposed project was neither an environmentally critical project nor within an environmentally critical area, thus, it was outside the scope of the EIA system.” The City of Davao argued that it was the ministerial duty of the EMB to issue the
CNC after the submission of the required documents. The trial court granted the petition and issued a writ of
mandamus compelling the EMB to issue a CNC. The trial court also ruled that a LGU is not covered under the EIS system. “The petitioners in this case filed a motion for reconsideration, which was denied. Hence, they filed a petition for review.

Issue: Whether local governments are covered under the EIS system.

Ruling: Yes, local governments are within the scope of the EIS system. Although the petition has been rendered moot and academic by virtue of a change of administration which filed a manifestation agreeing with the petitioner, the Court continued to decide the case. The Court ruled that local governments are within the scope of the EIS System. Section 16 of the Local Government Code provides that it is the duty of the LGUs to promote the peoples’ right to a balanced ecology. “Pursuant to this, an LGU, like the City of Davao, can not claim exemption from the coverage of the EIS system. As a body politic endowed with governmental functions, an LGU has the duty to ensure the quality of the environment, which is the very same objective of the EIS system.”

Furthermore, Section 4 of PD No. 1586 provides that “no person, partnership or corporation shall undertake
or operate any such declared environmentally critical project or area without first securing an Environmental
Compliance Certificate issued by the President or his duly authorized representative. The Civil Code defines a person as either natural or juridical. The State and its political subdivisions, i.e., the local government units are juridical persons. Undoubtedly therefore, local government units are not excluded from the coverage of PD No. 1586.”

22

EIS vs. EIA

Note that the EIS is different from the EIA since the EIS is a document, while the EIA is a process. The EIS must be filed by a Proponent in order to obtain an ECC. It is part of the EIA process.

23

Only projects covered by the EIA process are required to obtain an ECC. Projects which are not covered have to obtain a Certificate of Non-Coverage (CNC), instead of an ECC. These projects can apply for a CNC by completing and submitting a CNC application form to the DENREMB. These projects will be identified accordingly.

Oki.

24

The Project Cycle consists of the following stages:

1. Pre-feasibility,
2. Feasibility,
3. Detailed Engineering and Design,
4. Project Construction and Development,
5. Operation and Maintenance,
6. Project Conceptualization/Improvement

The EIA Process is designed to coincide with the Project Cycle at every stage beginning from Pre-feasibility to Project Conceptualization/Improvement. Hence, the environmental impacts of the project shall be determined and recommendations and guidance will be provided
at various stages of the project cycle.

The most crucial stage in the EIA process is the Pre-feasibility Stage. In fact, Malacañang Administrative Order No. 42 directs Project Proponents to simultaneously conduct the environmental impact study, required by the ECC application, and the feasibility study of the proposed project. The reason for this is that “it is during the feasibility study when a Proponent defines its range of actions and considers the project alternatives, thus, it is the most ideal stage in the project cycle wherein the EIA study will have its most added value."

25

The EIA Process is the only environmental protection program of the country. T or F.

False.

The EIA Process is only part of the country’s environmental protection program. It supplements
and complements other existing environmental laws by filling the gaps in certain environmental laws that lack precise definitions. By way of illustration, “the planting of greenbelts is not a requirement under any environmental law but is included in the ECC as a contractual obligation and commitment of the project Proponent to the DENR.”

The findings in the EIA study will provide agencies with guidance and recommendations which can prove useful in evaluating the Proponent’s project. Therefore, the issuance of the ECC comes ahead of the issuance of permits by other pertinent government agencies. For this reason, no permit or clearance issued by any other government agency is required in processing ECC and CNC applications.

26

Scope of the EIA Process

The EIA Process applies to projects which have been originally declared as Environmentally Critical Projects (ECPs) or projects in Environmentally Critical Areas (ECAs). In addition to these two, the DENR is authorized by law to expand the scope of the EIA process to include Non-Environmentally Critical Projects (NECPs) located in ECAs which may have significant impact on the environment. The Proponents of these projects are required to obtain an ECC. For those outside the coverage, they must acquire a Certificate of Non-Coverage (CNC) from the DENR.