The Philippine Environmental Impact Statement System (PEISS)

1. The Philippine Environmental Impact Statement System (PEISS)

2. Outline of Presentation • Legal Framework of the PEISS • Overview of the PEISS • Public Participation in the EIA Process • Multi-stakeholder Monitoring Team (MMT) • Success Stories • Challenges

3. Legal Framework of the PEISS • Presidential Decree (PD) 1586 (1978) • Presidential Proclamation No. 2146 (1981) and No. 803 • DENR Administrative Order No. 37 (1996) • Presidential Administrative Order No. 42 (2002) • DENR Administrative Order No. 30 (2003) including its REVISED PROCEDURAL MANUAL

4. Philippine Policies Governing the Implementation of the PEISS • 1987 Philippine Constitution • The State shall protect and advance the right of the people to a balanced and healthful ecology in accord with the rhythm and harmony of nature. • PD 1586 To attain and maintain an orderly balance between socio-economic growth and environmental protection • AO 42 Optimum economic development shall be achieved without delay and shall be pursued to ensure that the present generation meets its needs w/o compromising the needs of the future generations

5. Overview of the PEISS • Environmental Impact Statement System • the entire process of organization, administration, and procedures institutionalized for purpose of assessing the significance of the effects of any project or undertaking on the quality of the physical, biological and socio-economic environment, and designing appropriate preventive, mitigating and enhancement measures.

6. Overview of the PEISS • Key Operating Principles • Assessment of the direct and indirect impacts of the project on the biophysical and human environment • Addressing project impacts by appropriate environmental protection and enhancement measures • Responsibility of project proponents in determining and disclosing all relevant information necessary for a methodical assessment of environmental impacts of the project

7. Overview of the PEISS • General Criteria in the Review of EIA Reports • Integration of environmental considerations into the over-all project planning • Assessment is technically sound and proposed environmental mitigation measures are effective • Social acceptability is based on informed public participation

8. Environmental Impact Assessment • The process of predicting the likely environmental consequences of implementing a project and designing appropriate preventive mitigating and enhancement measures

9. Real Purpose of EIA • To enhance planning and guide decision-making for the proponent/ applicant and the EMB • The real value of the EIA Process is in the reduction of adverse environmental impact as a result of incremental decision making before a proposed action reaches final decision-making on whether it should be allowed to proceed or not

10. Findings and recommendations of EIA considered in various permits and licenses needed Site selection, envi screening,initial assessment, scoping Monitoring and Evaluation of Environmental Performance EIA Process within the Project Cycle Detailed assessment, Identification of mitigation needs, inputs to CBA - - Pre-feasibility Feasibility Detailed design of mitigation measures Project Conceptualization/ Improvement Detailed Engineering & Design Implementation of mitigation measures Project Construction & Development Operation & Maintenance

11. Overall Environmental Impact Assessment Process PROJECT PROPONENT EMB DENR SCREENING Review and Evaluation: EIARC Review Public consultation /hearing Site inspection SCOPING Determines if EIS is Complete EIA STUDY: Baseline Study Impact Identification Impact Prediction and Evaluation Decision Making MONITORING AND POST AUDIT IMPACT MITIGATION AND PREPARATION OF ENV. MGT. PLAN EIA DOCUMENTATION and PRESENTATION OF RESULT

12. Public Participation in the EIA Process (1992 Kuala Lampur Declaration of the ASEAN) • Participation - Process through which the stakeholders influence and share control over priority setting, policy-making, resource allocations and access to public goods and services

13. Public Participation in the EIA Process • Salient Features of Participation • Joint Dialogue • Active process • People involvement • People empowerment

14. Public Participation in the EIA Process • Tools/Techniques of Public Participation • Social preparation • Scoping • Information, Education & Communication (IEC) Campaigns • Public Consultation or Public Hearing (for environmentally critical projects) • Multi-stakeholder Monitoring Team (MMT) formation • Complaint resolution

15. Public Participation in the EIA Process • Opportunities in Public Participation • Improves decision-making • Provides added sources of expertise • Reduces level of misinformation and distrust • Empowers the citizens to take responsibility in environmental protection • Gives the people a voice to air their concerns and promote their active involvement in planning

16. Public Participation in the EIA Process DENR EMB Driven Proponent driven Proponent Driven but outside the EIA process as requirements are under the mandate of other entities Public Involvement usu. Begins at scoping but may occur at any stage of the EIA process

17. Multi-Stakeholder Monitoring Team (MMT) • A multi-sectoral team convened for the primary purpose of monitoring compliance by the proponent with the ECC, the Environmental Management Plan (EMP) and applicable laws, rules and regulations. • All projects covered by the PEISS and issued with ECCs are basically required to establish MMT.

18. Multi-Stakeholder Monitoring Team • Functions of the MMT • Monitor compliance with the Environmental Management Plan (EMP) and conditions in the ECC • Prepare the MMT Manual of Operations (MOO), work & financial plans, etc. • Receive complaints/request from public-at-large • Prepares Compliance Monitoring & Verification Report (CMVR) • Monitor implementation of IEC plans/programs and social development program

19. Multi-Stakeholder Monitoring Team • Composition of the MMT • Local Government Units • Affected Community • NGO/POs Representatives • Other Government Agencies • Academe • Church Groups • Sectoral groups representing women, youth, farmers, fisherfolks and other marginalized groups • Others as identified in the scoping process

20. Multi-Stakeholder Monitoring Team • MMT Non-members • Project Proponent • Provides funds for MMT operations • Regularly inform MMT about project development; monitoring results • Respond to complaints • EMB and DENR • Initiate, assist and supervise the formation of MMT and oversee its operations • Update the MMT on new policies;

21. Multi-Stakeholder Monitoring Team • Roles and Responsibilities of Members • Be present or have a representative in all meetings and deliberation. • Initiate/attend meetings, community consultation, briefings and other forms of IEC dissemination to inform public of project activities and monitoring results • Suggest most effective means of disclosing information to the public as well as receive feedback/complaints from community

22. Multi-Stakeholder Monitoring Team • Structure of MMT • EXECOM: EMB, LGU Official or designated rep., Proponent Functions: - organize and supervise the activities of MMT - approve and review work and financial plan - manage the Environmental Management Fund (EMF) - resolve issues arising from the monitoring activities

23. Multi-Stakeholder Monitoring Team • Structure of MMT • SECTORAL TEAM: all members Functions: - organize and carry out actual field monitoring - prepare monitoring reports/CMVR - advise the entire MMT on the need for additional monitoring activities

24. Multi-Stakeholder Monitoring Team • Structure of MMT • SECRETARIAT: Proponent, LGU representative & EMB representative Functions: - inform MMT members of the schedule of meetings, monitoring activities - provide documentation of minutes of MMT meeting and monitoring results - ensure safekeeping of MMT documents, materials and properties

25. Multi-Stakeholder Monitoring Team • MMT Fund Administrator • Any member of the MMT and cannot be the proponent and the EMB-DENR • In-charge of the Environmental Monitoring Fund • MMT Manual of Operations (MOO) • Serves as bible for MMT operations • MMT Code of Ethics • Ensures a common frame by which INTEGRITY of all members will be maintained

26. Stories in Public Participation • MMT Cluster of SUBRA (Subic Bay Resorts Association) • Voluntary dismantling of hundreds of fishcages operating along Subic Bay by the operators themselves • Regular water quality monitoring of the bay by MMT members • Capacity-building for fishcage operators on proper aquaculture operation & protection of the waterbody

27. Stories in Public Participation • MMT of Intercity Ricemillers’ Association • Ricemill operators were issued NOV/CDO in cooperation with the LGU-Balagtas & Bocaue, Bulacan • TSP level significantly reduced • Ricemill operators installed air pollution control devices • LGU committed to temporarily stop issuance of business permits to ricemill operation in the area • Ricemill operators were given seminar & lectures on environmental laws and environmental management & protection

28. Stories in Public Participation • MMT for piggery operations in Pampanga and Tarlac • Rehabilitation of the waterbody used as discharge area for piggery operations in Tarlac • Violators were charged before the DENR-Pollution Adjudication Board (PAB) and operations were stopped • Long-term plan of relocation of piggery into an agro-industrial area (Pampanga) • Strict monitoring of environmental compliance of piggery operations • Improved operations of piggery

29. Water sampling activity by the MMT Regular cleaning of settling ponds Consultation meeting among MMT members Construction of solid-liquid separator

30. MOA MOO Code of Ethics MMT Formation(1996) MOA Execom Sectoral EMB, Proponent, LGU Secretariat All Members Fund Administrator Selected Members Environmental Monitoring Fund Environmental Guarantee Fund MMT (2005) LGU (Chair) OGAs NGO/POs Other concerned parties MMT non-members EMB Proponent Fund Administrator Environmental Monitoring Fund Environmental Guarantee Fund

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