The Philippines Environmental Impact Assessment System

1
The Philippines Environmental Impact Assessment
System

• Notes on its History, Current Issues, and
  Prospects
• Ben S. Malayang III

2
HistoryTechnical Innovations Substrated
byShifting Political Fundamentals

• 1977 PD 1151 Phil Envl Policy
• Required sponsors of all government and private
  projects affecting the quality of the environment
  to prepare an assessment of the projects
  environmental impacts
• 1977 PD 1152 Phil Envt Code
• Required all land use management regulating or
  enforcing agencies to consider significant
  environmental impacts, as well as other aspects
  of locating industries.

3

• 1978 PD 1586 Phil EIA System
• Centralized the EIS System under the (then)
  National Environmental Protection Council (NEPC),
  and authorized the President and the NEPC to
  proclaim projects and activities subject to the
  EIS system placed PAB (created by PD 984) under
  NEPC
• 1979 IRR-PD 1586
• Defined the parameters for EIS established
  penalty structures for non-compliance created
  the EIA review committee set the procedures for
  implementing the EIS system provided for
  exempt-ions, established procedures for public
  hearings related to an EIS.

4

• 1981 PP 2146 ECAs and ECPs
• Proclaimed certain areas and types of projects
  as environmentally critical (ECAs ECPs) and
  within the scope of the EIS system
• 1983 NEPC Office Circular No. 3
• Provided a technical definition and scope for
  environmentally critical projects and areas
• 1984 Revision of IRR-PD 1586 (1st Change)
• Limited the EIS to ECPs set the requirements
  for ECAs established fee structures compliance
  monitoring system called for closure of ECPs
  operating without ECC authorized the NEPC to
  cancel an ECC for grantees violations of
  conditions or other standards rules and
  regulations

5

• 1987 EO 192 DENR Reorganization
• Established the central regional structure of
  DENR, including EMB abolished the NEPC
  transfered its powers functions to EMB PAB
  placed under the administrative jurisdiction of
  DENR
• 1992 DENR DAO 21 Amending IRR-PD1586
• (2nd Change)
• Decentralized certain EIA functions to DENR
  regional offices defined the need for public
  hearings established the concept of
  multi-sectoral monitoring team and Environmental
  Guarantee Fund
• 1991-92 RA 7160 IRR Local Govt Code
• Transferred certain environmental functions to
  LGUs and provided for the position of ENROs in
  provinces, cities and municipalities

6

• 1992 DENR DAO 30 Amending IRR-PD1586
• (3rd Change)
• Assigned to LGUs the functions of issuing ECCs
  and adjudicating cases involving envl complaints
  against small projects and businesses (i.e.,
  Kalakalan 20)
• 1996 DENR DAO 37
• Set the operational details on implementing the
  EIS system
• 1997 DAO 16 Programmatic EIA
• Limited application only 3 attempts (Limay,
  PHIVEDEC, Agusan)

7

• 2002 EO 42
• Set the legal basis for DENRs administrative
  and technical actions to respond to issues
  emerging from the implementation of DAO 96-37

• A two-era history
• Era of development and political centralization
  (Marcos years), and
• Era of expansion and political pluralization
  (post-Marcos years)

8
Current IssuesNavigating in a Sea of
ConfusingDevelopment Policy

• Planning or regulatory instrument?

Regulatory
Planning
9

• Tool for envl protection or for supporting
  economic interests? Tool for inhibiting or
  facilitating instrument of sustainable
  development?

Env Protection
Economic Interests
10

• Stress on science, or on social cultural
  sensitivity capture?

Stress on Science
Stress on social cultural sensitivity capture
11

• A conflict-resolving or conflict-promoting
  process?

Different Resource Regimes
RESOURCES
Single
Multiple
USES
Single
Multiple
Single
Multiple
USERS
Home Gardens
Logging Mining
Ranches Haciendas
Single
Home Lots
Foreshores Watersheds Uplands
Multiple
Communal Springs
PAs
Roads
12
ProspectsSearching for Relevance in a Future of
Integrated National Development Interests

• Mitigation of environmental impacts, or
  Rationalization of Resource Mgt Uses?
• Mitigation stress on post-RM decisions
• Rationalization stress on pre-RM decisions

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• Intensify widen impact assessment, or shift the
  paradigm of assessment?
• Intensification stress on scoping methods
• Paradigm shift stress on purpose objectives
• More EIA, or shift to Sustainable Development
  Impact Assessment (SDIA)?
• SDIA puts a stress on determining best land
  or resource uses provides a tool for
  transparency accountability in environmental
  and resource governance