03 DENR Procedures

8/10/2019 03 DENR Procedures

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OVERVIEW OF THEENVIRONMENTAL IMPACT

ASSESSMENT PROCESS

(PD 1586)(DENRs Procedure

on

Energy Projects)

25 September 2013


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Environmental Law-

It is defined as a set oflegal rules that arespecifically addressed to

activities which may havepotential impacts on theenvironment,

both natural,


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and man-made


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Environmental Law-

It encompasses all the protections for our

environment that emanates from the

(1) Constitution,

(2) Laws and Local Ordinances,

(3) Regulations Promulgated by Regulatory

Agencies or IRR, and

(4) from the Court Decision

interpreting these Laws & Regulations.


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1987 Philippine ConstitutionArticle II Declaration of Principles

and State PoliciesSection 2. The Philippines

renounces war as an instrument of

national policy, adopts a generallyaccepted principles of

international law as part of the

law of the landand adheres to thepolicy of peace, equality, justice,

freedom, cooperation and amity with

all nations.NEXT


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Rio Declaration on Envt and

Development (Rio Summit)

June 1992Agenda 21: Principle 17

Environmental impact assessment,

as a national instrument, shall be

undertaken for proposed activities

that are likely to have a significant

adverse impact on the environmentand are subject to a decision of a

competent national authority.NEXT


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Framework of Envi Laws

The Philippine Constitution

declares that it is the duty of

the State to protect and advance the right of the people

to a balanced and healthful ecology. This duty had

earlier been codified in the Philippine Environmental

Policy, which is the national blueprint for environmental

protection. The Philippine Environment Code, in turn,contains general principles dealing with the major

environmental and natural resource concerns of the

Philippines.(PRELIMINARY ASSESSMENT OF

PHILIPPINES'ENVIRONMENTAL LAW

Alan K.J. Tan, Faculty of Law

National University of Singapore)
http://law.nus.edu.sg/apcel/dbase/filipino/primary/phpenv.htmlhttp://law.nus.edu.sg/apcel/dbase/filipino/primary/phpenv.htmlhttp://law.nus.edu.sg/apcel/dbase/filipino/primary/phdenv.htmlhttp://law.nus.edu.sg/apcel/dbase/filipino/primary/phdenv.htmlhttp://law.nus.edu.sg/apcel/dbase/filipino/primary/phpenv.htmlhttp://law.nus.edu.sg/apcel/dbase/filipino/primary/phpenv.html


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These two documents are very

broad and general, and containfew substantive provisions.

Taken together, the Policy and

the Code can best be described

as forming the very basic

framework laws on theenvironment in the Philippines.


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Due to the generality of the

Policy and the Code, variousother laws have been enacted to

address specific environmental

concerns, notably PresidentialDecree No. 1586 of 1978, which

established the environmental

impact statement (EIS) system,the Fisheries Code of 1998, etc.
http://law.nus.edu.sg/apcel/dbase/filipino/primary/phdeia.htmlhttp://law.nus.edu.sg/apcel/dbase/filipino/primary/phdeia.htmlhttp://law.nus.edu.sg/apcel/dbase/filipino/primary/phdeia.htmlhttp://law.nus.edu.sg/apcel/dbase/filipino/primary/phdeia.html


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Altogether, these legislation recognisethat the central theme of environmental

protection in the country is the regulation

of land and marine use rights and thereconciliation of these with the principle of

sustainable development.

(Tan-National University of Singapore)


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PD 1151

THE PHILIPPINE

ENVIRONMENTAL POLICY


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THE PHILIPPINE ENVIRONMENT POLICY

(Presidential Decree No. 1151, 1977)

Section 1. Policy - It is hereby declared a continuing policy ofthe 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 environment

quality that is conducive to a life of dignity

and well-being.

(Principle of Sustainable Development)


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PD 1151: PEP

Sec. 4 : Pursuant to the above enunciated policies andgoals, all agencies and instrumentalities of

the national government, including GOCCs,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 detailed statement on:

a. The environmental impact of the proposed

action, project or undertaking;


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PD 1151:

Sec. 5: Agency GuidelinesThe different agencies

charged with environmental protection as enumerated

in Letter of Instruction No. 422 shall within sixty (60)

days from the effectivity of this Decree, submit to the

National Environmental Protection Council (NEPC),their respective guidelines, rules and regulations tocarry out the provisions of Sec. 4 hereof on

environmental impact assessments and

statements.


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LOI NO. 422 (06 JULY 1976):

AGENCIES CHARGED WITH ENVTL PROTECTION:

Dept. of Natural Resources

Dept. of Agriculture

Dept. of Local Govt and Community Devt.

Dept. of Health PAGASA

Energy Development Board COAST GUARD

Dept. of Public Works, Transportation and Communication

Dept. of of Education & Culture NEDA COAST GUARD

NPCC PAEC NHA LLDA NIA PCARR

Human Settlements Commission LLDA UPNSRC


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PHILIPPINE ENVIRONMENT CODE

(PD 1152)

AirQuality

WaterQuality Land Use

ERM&C Waste MgtOthers

Envi Ed


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Dimensions of the environment that

needs to be protected:-TITLE IAIR QUALITY MANAGEMENT RA 8749

-TITLE IIWATER QUALITY MANAGEMENT RA 9275

-TITLE IIILAND USE MANAGEMENT RA 7160


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-TITLE IVNATURAL RESOURCES MANAGEMENT AND CONSERVATION

-1. Fisheries and Aquatic Resources RA 8550

-2. Wildlife

-3. Forestry and Soil Conservation PD 705 RA 8435

-4. Flood Control and Natural Calamities - DPWH

-5. Energy Development - DOE

-6. Conservation and Utilization of Surface Ground Waters

-PD 1067

-7. Mineral Resources RA 7942, RA 7071


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-TITLE VWASTE MANAGEMENT RA 9003


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TITLE VI

MISCELLANEOUS PROVISIONS-Section 52 Population Environment Balance

-Section 53 Environment Education

-The Department of Education and Culture shall integratesubjects on environmental education in its school curriculaat all levels. It shall also endeavor to conduct specialcommunity education emphasizing the relationship of man

and nature as well as environmental sanitation andpractices.

-Section 54 Environmental Research


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THEORETICAL AND LEGAL FRAMEWORK:THEORETICAL AND LEGAL FRAMEWORK:

PHILIPPINE LAWS ON ENVIRONMENTAL PROTECTIONPHILIPPINE LAWS ON ENVIRONMENTAL PROTECTION

Agriculture

Pesticides

ZoningForestry &

Protected

Areas

Water

Usage

Sustainable

SOCIO ECONOMIC GROWTH

ENVIRONMENTAL PROTECTION(SD)Development

PROJECT

MiningSolid

Waste

Water

Pollution

FisheriesHousingAir

Pollution

EIA

PERMITS/CLEARANCES

From concerned government agencies

- PD 1151

- Constitution

- PD 1152


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THEORETICAL AND LEGAL FRAMEWORK: PHILIPPINE LAWS ONTHEORETICAL AND LEGAL FRAMEWORK: PHILIPPINE LAWS ON ENVIRONMENTALENVIRONMENTAL PROTECTIONPROTECTION

Agriculture

Pesticides

RA 8435

PD 1144

Zoning

RA 7160

HLURB

Forestry &

Protected

Areas

PD 705

RA 7586

Water

Usage

PD 198

PD 1067

PD 856

Sustainable


ENVIRONMENTAL PROTECTION(SD)Development

PROJECT

Mining

RA7942

RA7076

PD 1899

Solid

Waste

RA9003

Water

Pollution

PD 984

PD 856

Fisheries

RA 8550

Housing

BP 220

PD 957

Air

Pollution

RA 8749

EMB Thru PD 1586

(ECC)

PERMITS/CLEARANCES



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PD 1586: The Philippine EIS

System (1978)

Section 1. Policy It is hereby

declared the policy of the State toattain and maintain a rational and

orderly balance between socio-

economic growth and environmentalprotection.

NEXT


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Implementing Rules and Regulations

(IRR) for the Philippine EnvironmentalImpact Statement (EIS) System

1982 IRR

DENR DAO 21-92DENR DAO 96-37

DENR DAO 03-30


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There is hereby established an EIS systemThere is hereby established an EIS systemfounded and based on thefounded and based on the EIS requiredEIS required,,

under Sec 4 of PD 1151, ofunder Sec 4 of PD 1151, of all agenciesall agencies

and instrumentalities of the Nationaland instrumentalities of the NationalGovernmentGovernment, including GOCC, as well as, including GOCC, as well as

private corporations, firms and entities, forprivate corporations, firms and entities, for

every proposed project and undertakingevery proposed project and undertakingwhich SIGNIFICANTLY AFFECT THEwhich SIGNIFICANTLY AFFECT THE

QUALITY OF THE ENVIRONMENT.QUALITY OF THE ENVIRONMENT.

Section 2, PD 1586


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EIA is the process of predicting the likelyEIA is the process of predicting the likely

environmental consequences ofenvironmental consequences of

implementing a project orimplementing a project orundertaking, and designingundertaking, and designing

appropriate preventive,appropriate preventive,

mitigating andmitigating and

enhancementenhancement

measures.measures.

What is an Environmental ImpactWhat is an Environmental Impact

Assessment (EIA)?Assessment (EIA)?


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EIA provides optionsEIA provides options

for the project to befor the project to beimplemented withimplemented with

assurance that theassurance that the

quality of thequality of the

environment andenvironment and

wellwell-- being of peoplebeing of people

will be safewill be safe-- guarded.guarded.

Hence, EIA is aHence, EIA is aplanning tool.planning tool.


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Real Purpose of EIA

To aid the proponent/applicant onenvironmental considerations prior

to starting construction works on

the project

To aid agencies in considering EIA

results in their decision making for

their respective permitting system


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ENVIRONMENTALLY CRITICALNVIRONMENTALLY CRITICAL

PROJECTS ECP)ROJECTS ECP)

The project include activities that have significantenvironmental consequences

A project in this category is likely to havesignificant adverse impact that may be sensitive,irreversible and diverse.

If the project is an ECP, an EIS document willhave to be submitted. It will be the EnvironmentalManagement Bureau (EMB-Manila) that hasjurisdiction on the matter. In other words, a

project that is categorized as an ECP falls underthe authority of the EMB and must follow the stepsidentified with the preparation of an EIS.

ECPECP


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ECPsECPs

Heavy IndustriesHeavy Industries NonNon--ferrous metal industriesferrous metal industries

Iron and steel millsIron and steel mills

Petroleum and petroPetroleum and petro--chemicalchemical

industries including oil and gasindustries including oil and gas

Smelting plantsSmelting plants


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Forestry projectsForestry projects

Fishery projectsFishery projects

Infrastructure ProjectsInfrastructure Projects

Golf CoursesGolf Courses


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ENVIRONMENTALLYNVIRONMENTALLY

CRITICAL AREAS ECAs)RITICAL AREAS ECAs)

The project may have adverse environmental impacts that areless significant than ECPs impacts.

The impacts are not as sensitive, numerous, major, or diverseas ECPs impacts.

Remedial measures can be more easily designed.

And if the the project is not an ECP but is located within anECA, only Initial Environmental Examination (IEE), or IEEChecklist-type document, is required. It will be the EMB-DENRRegional Office who will have jurisdiction on the matter. In

other words, a non-critical project located in an ECA falls underthe authority of EMB-DENR Regional Offices and must follow thesteps identified for preparation of the aforestated type ofdocuments, and if so warranted, an EIS (expanded IEE).


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ECAs (ECAs (Environmentally Critical Areas)Environmentally Critical Areas)

All areas declared by law as nationalAll areas declared by law as national

parks, watershed reserves, wildlifeparks, watershed reserves, wildlife

preserves, and sanctuariespreserves, and sanctuaries Aesthetic potential tourist spotsAesthetic potential tourist spots

Habitat for endangered or threatenedHabitat for endangered or threatened

species of Philippine wildlifespecies of Philippine wildlife Unique historic, archaelogical orUnique historic, archaelogical or

scientific interestscientific interest


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ECAsECAs

Areas frequently visited byAreas frequently visited by

natural calamitiesnatural calamities


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ECAECA

TraditionallyTraditionally

occupied byoccupied byICCsICCs


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ECAsECAs

Prime AgriculturalPrime Agricultural

LandsLands


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ECAECA

Areas with critical slopesAreas with critical slopes

Recharged areas forRecharged areas foraquifersaquifers


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ECAECA Water bodiesWater bodies

Mangrove AreasMangrove Areas


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ECAECA

Coral ReefsCoral Reefs


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THE PROCESSTHE PROCESS

1.1. Project ScreeningProject Screening2.2. Preliminary Site and ProjectPreliminary Site and Project

EvaluationEvaluation

3.3. ScopingScoping4.4. Baseline StudiesBaseline Studies

5.5. EIA PROPER (THE EIA STUDY)EIA PROPER (THE EIA STUDY)

6.6. EIA ReviewEIA Review7.7. DecisionDecision

8.8. MonitoringMonitoring


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TheThe PhilippinePhilippine EISEIS SystemSystem

NONNON--COVERAGECOVERAGE COVERAGECOVERAGE

CERTIFICATE OFCERTIFICATE OF

NONNON--COVERAGE (CNC)COVERAGE (CNC)

IEE/EPRMPIEE/EPRMP

(ECA)(ECA)

EISEIS

(ECP)(ECP)

(EMB/EMB RO)(EMB/EMB RO)

CATEGORY C & DCATEGORY C & D

EMBEIADEMBEIAD-- submitssubmitsrecommendation to EMBrecommendation to EMB

Regional Director (RD)Regional Director (RD)

EMBEMB--RDRD-- gives finalgives final

decisiondecision

CATEGORY BCATEGORY B

Decision of Issuance/Decision of Issuance/

NonNon--Issuance ECCIssuance ECC

PROJECT BRIEFPROJECT BRIEF

Decision of Issuance/Decision of Issuance/

NonNon--Issuance ECCIssuance ECC

EMBEMBDD-- submitssubmitsrecommendation torecommendation to

DENR SecretaryDENR Secretary

DENR SecretaryDENR Secretary-- givesgives

final decisionfinal decision

CATEGORY ACATEGORY A

SCOPE OF THE EIS SYSTEMSCOPE OF THE EIS SYSTEM


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DocumentaryDocumentary

RequirementsRequirements


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Whats new about documentary requirementsWhats new about documentary requirements

Standardized and customized based on project typeStandardized and customized based on project type

formulation of project specific scoping checklistsformulation of project specific scoping checklists

current trust to formulate Sectoral IEE checklistscurrent trust to formulate Sectoral IEE checklistsCustomized based status of implementationCustomized based status of implementation

Environmental Performance Report and ManagementEnvironmental Performance Report and Management

Plan (EPRMP) is required for existing projects forPlan (EPRMP) is required for existing projects for

expansionexpansion

General provision to focus on significant environmentalGeneral provision to focus on significant environmental

impacts for specific project type in specific locationimpacts for specific project type in specific location


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STEPS IN SECURING AN ECCSTEPS IN SECURING AN ECC

11..Determine if the proposed project isDetermine if the proposed project is

within the EIS Systemwithin the EIS Systema)a)Submit aSubmit a Project BriefProject Brief. If not within. If not within

the system, securethe system, secure CNCCNC from EMBfrom EMB

or EMB Regional Officeor EMB Regional Office

b)b)If covered by the EIS System,If covered by the EIS System,

determine whetherdetermine whether ECPECPoror ECAECA::ECPECP ------>> EISEIS -------->>EMBEMB

ECAECA ------>> IEEIEE -------->>EMB ROEMB RO

IEE ChecklistIEE Checklist


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2.2.List of Requirements: If not covered,List of Requirements: If not covered,a)a)Project Description ReportProject Description Reportb)b)Zoning CertificationZoning Certification

c) Vicinity Mapc) Vicinity Map

d) Lot Title/sd) Lot Title/s


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3.3.List of Requirements: If covered,List of Requirements: If covered,a)a) Duly Notarized EIS/IEE/Checklists.Duly Notarized EIS/IEE/Checklists.b)b) Zoning CertificationZoning Certification

c) Vicinity Map, Site Dev. Plan/c) Vicinity Map, Site Dev. Plan/TopoTopo

Map, etc.Map, etc.d) Proof of Ownership (Lot Title, etc.)d) Proof of Ownership (Lot Title, etc.)

e) Pictures of the placee) Pictures of the place

f)f) Others (Geological site scoping,Others (Geological site scoping,

etc.)etc.)


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VII. DECISION

The decision will be limited to the following:

To issue an Environmental Compliance

Certificate To deny or not to issue

The end product of the EIA Process will bethe favorable issuance of an ENVIRONMETALCOMPLIANCE CERTIFICATE (ECC)


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ENVIRONMENTALCOMPLIANCE

CERTIFICATE

(ECC)


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The President of the Philippines may, onThe President of the Philippines may, onhis own initiative or upon recommendationhis own initiative or upon recommendation

of the NEPC, by proclamation declareof the NEPC, by proclamation declare

certain projects, undertakings or areas incertain projects, undertakings or areas inthe country as environmentally critical. Nothe country as environmentally critical. No

person, partnership or corporation shallperson, partnership or corporation shall

undertake or operate any such declaredundertake or operate any such declared

ECP or ECA without first securing an ECCECP or ECA without first securing an ECC

issued by the President or his dulyissued by the President or his duly

authorized representative.authorized representative.

Section 4, PD 1586


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An ECC is a document issued by the DENR/EMB

after positive review of an ECC application, certifying

that the Proponent has complied with all therequirements of the EIS system and has committed to

implement its approved Environmental Management

Plan. The ECC also provides guidance to other agencies

and to LGUs on EIA findings and recommendations,

which need to be considered in their respective

decision-making process. The release of the ECC allows

the project to proceed to the next stage of projectplanning, which is the acquisition of approvals from

other government agencies and LGUs, after which the

project can start implementation.

BACK


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An Environmental Compliance

Certificate (ECC) is not a permit and

should not be interpreted as such butrather a set of conditionalities, which

will have to be complied with by the

Project before implementing the saidproject.

BACK


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Environmental Compliance CertificateEnvironmental Compliance Certificate

(ECC), therefore, is a requirement of(ECC), therefore, is a requirement ofother laws under the mandate of otherother laws under the mandate of other

concerned government agenciesconcerned government agencies

Hence, not a permitHence, not a permit

Examples:Examples:


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Examples:Examples:

RA 7942RA 7942--PMAPMASection 70Section 70

Environmental Impact Assessment (EIA)Environmental Impact Assessment (EIA)

Except during the exploration period of aExcept during the exploration period of a

mineral agreement or financial ormineral agreement or financial ortechnical assistance agreement or antechnical assistance agreement or an

exploration permit,exploration permit, an environmentalan environmental

clearance certificateclearance certificateshall be requiredshall be required

based on an environmental impactbased on an environmental impactassessment and procedures under theassessment and procedures under the

Philippine Environmental ImpactPhilippine Environmental Impact

Assessment SystemAssessment System

Examples:Examples:


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Examples:Examples:

RA 7586RA 7586--NIPAS ACTNIPAS ACTSection 12Section 12

Environmental Impact Assessment (EIA)Environmental Impact Assessment (EIA)

Proposals for activities which are outside the scopeProposals for activities which are outside the scope

of the management plan for protected areas shall be subjectof the management plan for protected areas shall be subjectto an EIA as required by law before they are adopted, andto an EIA as required by law before they are adopted, and

the results thereof shall be taken into consideration in thethe results thereof shall be taken into consideration in the

decisiondecision--making.making.

Examples:Examples:


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Examples:Examples:

RA 8550RA 8550--Phil. Fisheries CodePhil. Fisheries CodeSection 12Section 12

Environmental Impact Statement (EIS)Environmental Impact Statement (EIS)

-- All government agencies as well as privateAll government agencies as well as private

corporations, firm and entities who intend to undertakecorporations, firm and entities who intend to undertakeactivities or projects which will affect the quality of theactivities or projects which will affect the quality of the

environment shall be required to prepare a detailedenvironment shall be required to prepare a detailed

Environmental Impact Statement (EIS) prior to undertakingEnvironmental Impact Statement (EIS) prior to undertaking

such development activity. The preparation of the EIS shallsuch development activity. The preparation of the EIS shall

form an integral part of the entire planning process pursuantform an integral part of the entire planning process pursuantto the provisions of Presidential Decree No. 1586 as well asto the provisions of Presidential Decree No. 1586 as well as

its implementing rules and regulations.its implementing rules and regulations.

Examples:Examples:


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Examples:Examples:

BP 220BP 220--Law on Socialized HousingLaw on Socialized Housing

Board Res. No. RBoard Res. No. R--700 Series of 2001700 Series of 2001

(Revised IRR for BP 220)(Revised IRR for BP 220)

Section 11. Application for Approval of Subd. Devt.Section 11. Application for Approval of Subd. Devt.

Every registered owner or developer of a parcel of landEvery registered owner or developer of a parcel of landwho wishes to convert the same into a subd. Project shall applywho wishes to convert the same into a subd. Project shall apply

with the HLURB (now devolved with LGU, RA7160) concernedwith the HLURB (now devolved with LGU, RA7160) concerned

for approval of the subd. Devt. Plan by filing the following:for approval of the subd. Devt. Plan by filing the following:

B. For application for subdivision Development PermitB. For application for subdivision Development Permit8) Certified true copy of the ECC or CNC, whichever is8) Certified true copy of the ECC or CNC, whichever is

applicable, duly issued by the DENR.applicable, duly issued by the DENR.


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For housing:For housing:

BP 220 & PD 957: ECC is one of theBP 220 & PD 957: ECC is one of therequirements of before a Developmentrequirements of before a Development

Permit will be issued by the concernedPermit will be issued by the concerned

LGULGU

For industries that are potential sourcesFor industries that are potential sources

of pollution (air or water)of pollution (air or water)


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PRIMACY

OFJURISDICTION


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Primacy of Jurisdiction:

Principle of primacy of jurisdiction ofother government agencies must be

given due consideration to further

streamline the Philippine EIS Systemimplementation


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Primacy of Jurisdiction: certain social acceptability determination must be

devolved to the local government units

concerned issues that are within the purview or mandates ofother government agencies shall be resolved exclusively bythe agencies concerned (health issues by DOH,

historical or cultural issues shall by National HistoricalInstitute, National Commission on Culture and the

Arts, and/or other relevant government agencies)


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Primacy of Jurisdiction:

streamlining the Philippine EIS System requiresthat concerns and issues under the jurisdiction or

mandates of other government agencies must bede-linkedfrom the process of evaluating ECCapplications, as such, requiring clearances, permits

or endorsements from other governmentagencies may only be done as part of ECCconditions (and not as pre-requisites for ECCissuance).

THEORETICAL AND LEGAL FRAMEWORK:THEORETICAL AND LEGAL FRAMEWORK:


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PHILIPPINE LAWS ON ENVIRONMENTAL PROTECTIONPHILIPPINE LAWS ON ENVIRONMENTAL PROTECTION

Agriculture

Pesticides

ZoningForestry &

Protected

Areas

Water

Usage

Sustainable


ENVIRONMENTAL PROTECTION

(SD)

DevelopmentPROJECT

MiningSolid

Waste

Water

Pollution

FisheriesHousingAir

Pollution

EIA

PERMITS/CLEARANCES


- PD 1151

- Constitution

- PD 1152

THEORETICAL AND LEGAL FRAMEWORK: PHILIPPINE LAWS ONTHEORETICAL AND LEGAL FRAMEWORK: PHILIPPINE LAWS ON ENVIRONMENTALENVIRONMENTAL PROTECTIONPROTECTION


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Agriculture

Pesticides

RA 8435

PD 1144

Zoning

RA 7160

HLURB

Forestry &

Protected

Areas

PD 705

RA 7586

Water

Usage

PD 198

PD 1067

PD 856

Sustainable


ENVIRONMENTAL PROTECTION

(SD)

DevelopmentPROJECT

Mining

RA7942

RA7076

PD 1899

Solid

Waste

RA9003

Water

Pollution

PD 984

PD 856

Fisheries

RA 8550

Housing

BP 220

PD 957

Air

Pollution

RA 8749

EMB Thru PD 1586

(ECC)

PERMITS/CLEARANCES



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69

THE PROCESSTHE PROCESS

1.1. Project ScreeningProject Screening2.2. Preliminary Site and ProjectPreliminary Site and Project

EvaluationEvaluation

3.3. ScopingScoping4.4. Baseline StudiesBaseline Studies

5.5. EIA PROPER (THE EIA STUDY)EIA PROPER (THE EIA STUDY)

6.6. EIA ReviewEIA Review7.7. DecisionDecision

8.8. MonitoringMonitoring

O TO G


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VIII. MONITORING

In literal sense, monitoring of the projectis through the conditionalities embodied inthe issued ECC. Said ECC conditionalities hadbeen conceptualized with the end view of

making the proposed project asenvironmentally sound.

In the legal sense, monitoring means themonitoring by each concerned agency of the

compliance to their mandated environmentalprotection program pursuant to theirrespective laws and rules.


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MONITORING PROTOCOLSMONITORING PROTOCOLS(Chapter 7.0 DENR DAO 03-30)

Modes: Compliance Monitoring by EMBCompliance Monitoring by EMB

SelfSelf--Monitoring by EstablishmentsMonitoring by Establishments

Monitoring by 3Monitoring by 3rdrdParty AuditorsParty Auditors

Monitoring by MMTMonitoring by MMT

VIII MONITORING


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VIII. MONITORING

For projects with EIS document, theProponent is required to organize a Multi-Partite Monitoring Team (MMT).


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MULTIMULTI--PARTITE MONITORINGPARTITE MONITORING

TEAM (MMT)TEAM (MMT)An MMT is a committee taskedAn MMT is a committee tasked

to make decisions regardingto make decisions regarding

monitoring issues,monitoring issues,plans and strategiesplans and strategies

Designed to manage, organize, facilitate,Designed to manage, organize, facilitate,

administer and ensure monitoring efficiencyadminister and ensure monitoring efficiency

of the MMTof the MMT


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OBJECTIVES OF THE MMT

Encourage public participationEncourage public participation

greater stakeholders vigilancegreater stakeholders vigilance

provide appropriate check andprovide appropriate check and

balance mechanisms in thebalance mechanisms in the

monitoring of the projectmonitoring of the project

implementationimplementation


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FUNCTIONS OF THE MMTFUNCTIONS OF THE MMT Monitor project compliance with the:Monitor project compliance with the:

Environmental Management Plan (EMP)Environmental Management Plan (EMP)

Conditions set in the ECCConditions set in the ECC

Note: Permits issued by concernedNote: Permits issued by concerned

agencies shall be monitored by theiragencies shall be monitored by theirrespective representative who arerespective representative who are

members of the MMTmembers of the MMT

Gather relevant informationGather relevant information

determination of causes of damagesdetermination of causes of damages

to validate public complaints or concernsto validate public complaints or concerns

about the projectabout the project


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Prepare, integrate andPrepare, integrate anddisseminate monitoringdisseminate monitoring

status reports andstatus reports and

submitsubmit

recommendations torecommendations to

the DENR (EMB)the DENR (EMB)

Monitor implementationMonitor implementation

of community/IECof community/IECplans/programsplans/programs


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Thank You

ENGR. NESTOR V. PATNUGOTOIC, Legal and EnvironmentalEducation DivisionEMB XI totialpha@yahoo com

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03 DENR Procedures