The Philippine Environmental Impact Statement System

(PEISS)

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

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

Philippine Policies Governing the Implementation of the PEISS

PD 1586To attain and maintain an orderly balancebetween 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

•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.

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.

Overview of the PEISS

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

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

Environmental Impact Assessment The process of

predicting the likely environmental consequences of implementing a project and designing appropriate preventive mitigating and enhancement measures

• 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

Real Purpose of EIA

• To enhance planning and guide decision-making for the proponent/ applicant and the EMB

EIA Process within the Project Cycle

Implementation of mitigation measures

Detailed design of mitigation measures

Detailed assessment, Identification of mitigation needs,

inputs to CBA

Pre-feasibility-Feasibility

Detailed Engineering & Design

Project Construction & Development

Operation & Maintenance

-

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

Project Conceptualization/Improvement

MONITORING AND POST AUDIT

Decision Making

SCREENING

PROJECT PROPONENTPROJECT PROPONENT

Determines if EIS is Complete

Review and Evaluation:

EIARC Review Public consultation /hearing

Site inspection

SCOPING

EIA STUDY:Baseline Study

Impact IdentificationImpact Prediction and

Evaluation

IMPACT MITIGATION AND PREPARATION OF ENV. MGT.

PLAN

EIA DOCUMENTATION and PRESENTATION OF

RESULT

EMB DENREMB DENR

Overall Environmental Overall Environmental Impact Impact

Assessment ProcessAssessment Process

Participation

- Process through which the stakeholders influence and share control over priority setting, policy-making, resource allocations and access to public goods and services

Public Participation in the EIA Process (1992 Kuala Lampur Declaration of the ASEAN)

Salient Features of Participation- Joint Dialogue- Active process- People involvement- People empowerment

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

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

Public Participation in the EIA Process

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

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.

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

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

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;

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

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

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

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

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

Multi-Stakeholder Monitoring Team

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

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

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

Stories in Public Participation

Water sampling activity by the MMT Regular cleaning of settling ponds

Construction of solid-liquid separatorConsultation meeting among MMT members

MOAMMT

Formation(1996)

ExecomSectoral

SecretariatEMB, Proponent, LGU

All MembersSelected Members

MOAMOO

Code of Ethics

MMT (2005)

LGU (Chair) OGAs NGO/POs Other concerned parties

MMT non-members

EMB

Proponent

Fund Administrator

Fund Administrator

Environmental Monitoring Fund

Environmental Guarantee Fund

Environmental Monitoring Fund

Environmental Guarantee Fund

Thank You!

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