Environmentally Critical Projects and Areas, Technical Definition and Scope (NEPC OC No. 3, 1983)
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TECHNICAL DEFINITIONS AND SCOPE OF THE
ENVIRONMENTALLY CRITICAL PROJECTS AND AREAS
ENUMERATED IN PROCLAMATION 2146
National Environmental Protection Council
Office Circular No. 3, Series of 1983

I.    ENVIRONMENTALLY CRITICAL PROJECTS

1.     Non-Ferrous Metal Industries

Non-ferrous metal industries shall refer to the organized and coordinated arrangement of manufacturing processes designed to prepare, smelt or process non-ferrous metals into marketable products.

This classification shall include projects characterized by any of the following specifications:

1. Classified as large-scale industrial plants under the implementing rules and regulations of LOI No. 950;
2. Having a designated rated capacity equal to or exceeding 3,000 metric tons product; and
3. Will process toxic non-ferrous metals such as cadmium, chromium and lead.

Iron and steel mill projects shall refer to the organized and coordinated arrangement of manufacturing processes designed to prepare and/or smelt or process iron ores, steel scrap and/or primary iron and steel mill products into marketable products.

This classification shall include projects characterized by any of the following specifications:

1. Classified as a large-scale industrial plants under the implementing rules and regulations of LOI No. 950; and
2. Having a designed annual rated capacity equal to or exceeding 30,000 metric tons products.

Petroleum/Petrochemical Industries shall refer to the organized and coordinated arrangement of manufacturing processes designed to physically and/or chemically transform petroleum and its derivatives into marketable products.

This classification shall include projects falling under any of the following specifications:

1. Classified as large-scale industrial plants under the implementing rules and regulations of LOI No. 950;
2. Refineries with designed capacities equal to or exceeding 30,000 barrels of petroleum per year; and
3. Petrochemical industry projects with designed annual rated capacities of 30,000 tons.

Smelting plant projects shall refer to the organized and coordinated arrangement of manufacturing processes designed to smelt metals or alloys and cast the same into some special form.

This classification shall include projects falling under any of the following specifications:

1. Classified as large-scale industrial plants under the implementing rules and regulations of LOI No. 950;
2. Having a designed annual rated capacity equal to or exceeding 15,000 metric tons raw materials; and
3. Will process toxic non-ferrous metals such as cadmium, chromium and lead.

1.     Major Mining and Quarrying Projects

Major mining and quarrying projects shall refer to projects involving the extraction and processing of metals, metalliferous ores, fuel, precious stones, clays, fertilizers and other earth-based materials on a commercial scale and are characterized by any or a combination of the following:

1. Ore-processing by cyanidization, flotation, mechanized grinding and/or crushing, magnetic separation and or mechanized gravity concentration;
2. Utilization of the open-pit method with mechanical operations and/or blasting;
3. Underground mining using blasting and/or mechanized extraction;
4. Marine or off-shore mining; and
5. Extraction of oil and gas.

1. Logging Projects. Logging projects shall refer to the cutting and harvesting of timber on a commercial scale.

2. Major Wood Processing Projects. Major wood processing projects shall refer to the processing of logs and other forest raw materials into finished or semi-finished products.

3. Introduction of Fauna in Public/Private Forests. This shall refer to the introduction of exotic species of flora and fauna to private/public forests.

4. Forests Occupancy. This shall refer to the occupancy of people residing within public forests for livelihood purposes and associated management projects.

Forest occupancy shall apply to all forest lands as defined by P.D. No. 705, except watersheds, wilderness areas, national parks, game refuge and bird santuaries subject to amendments by the BFD/MNR.

5. Extraction of Mangrove Products. This shall refer to the cutting and gathering of mangrove timber and its products.

6. Grazing Projects. This shall refer to the management of forest range resources for forage productivity needed to support livestock production.

This shall refer to natural or artificial water impoundment involving dike construction for purposes of raising fries and harvesting the same at marketable size and quantities as specified by Fishery A.O. No. 60.

Fishpond development projects shall be considered critical if such will involve utilization of areas equal to or greater than 25 hectares.

C.     Infrastructure Projects

This shall refer to all impoundment structures and appurtenances with storage volumes equal to or exceeding 20 million cubic meters.

2.     Major Power Plants

This shall refer to power generating plants utilizing, or are run by, fossil fuels, geothermal resources, the nuclear fission process, natural river discharge, pondage or pump storage.

This classification shall include all nuclear power plants, all geothermal power plants, thermal power plants with rated capacities equal to or exceeding 10 megawatts and hydroelectric power plants with rated capacities equal to or exceeding 6 megawatts.

3.     Major Reclamation Projects

This shall refer to projects which involve the filling or draining of areas (foreshore, marshes, swamps, lakes, rivers, etc.) equal to or exceeding one (1) hectare.

4.     Major Roads and Bridges

This shall refer to the construction of all national and provincial roads and bridges and any significant extension or improvement thereof which will:

1. Traverse any highly developed urban area(s);
2. Affect the hydrology of the traversed area(s); and
3. Substantially increase or impede traffic flow.

II.    ENVIRONMENTALLY CRITICAL AREAS

A.     All Areas Declared by Law as National Parks, Watershed Reserves,
Wildlife Preserves and Sanctuaries

1. National parks shall refer to forest land reservations essentially of primitive wilderness character which have been withdrawn from settlement or occupancy and set aside as such, exclusively to preserve the scenery, natural and historic objects and the wild animals and plants therein to provide enjoyment of these features in such a manner as will have them unimpaired for future generations.

This classification shall include all areas declared as national parks by statutes such as Proclamation No. 634, 612, 55, etc.

2. Watershed Reserves shall refer to forest land reservations established to improve the quality or condition of the water yield thereof or reduce sedimentation.

This classification shall include all areas declared as national watershed reserves.

3. Wildlife preserves shall refer to forest lands designated for the protection of game animals, birds and fishes and closed to hunting and fishing in order that the excess may flow and restock surrounding areas.

Aesthetic potential tourist spots shall refer to areas declared and reserved by the Philippine Tourism Authority for tourism development.

C.     Areas Which Constitute the Habitat for Any Endangered or Threatened Species
of Indigenous Philippine Wildlife (Flora and Fauna)

1. Indeterminate species shall refer to plant or animal species which are apparently endangered but where insufficient data are currently available for a reliable assessment.

2. Threatened species shall refer to any plant or animal species which is likely to become endangered species within the foreseeable future throughout all or just a significant portion of its range.

3. Rare species shall refer to plant or animal species which are not under immediate threat of extinction but occurs in small numbers.

4. Endangered species shall refer to plant or animal species which are actively threatened with extinction and whose survival are unlikely without protective measures.

Areas of unique historic, archeological or scientific interest shall refer to military and non-military shrines which are of cultural and historical significance to the nation.

This classification shall include national historical landmarks and paleontological and anthropological reservations.

E.     Areas Which are Traditionally Occupied by Cultural Communities or Tribes

F.     Areas Frequently Visited and or Hard-Hit by Natural Calamities
(Geologic Hazards, Floods, Typhoons, Volcanic Activity, Etc.)

This shall refer to all areas where typhoon signal no. 3 was hoisted for at least twice a year during the period 1977-1982.

2.     Areas Frequently Visited and Hard-Hit by Tsunamis

This shall refer to all coastal zones and offshore areas subjected to an earthquake of at least intensity VII in the Rossi-Forel scale and hit by tsunamis during the period 1638-1976.

3.     Areas Frequently Visited and/or Hard-Hit by Earthquakes

This shall refer to all areas subjected to earthquakes of at least intensity VII in the Rossi-Forel scale during the period 1949-1980.

4.     Storm Surge-Prone Areas

This shall refer to all areas identified as such by the PAGASA.

5.     Flood-Prone Areas

This shall refer to low-lying areas usually adjacent to large active water bodies experiencing regular or seasonal inundation as a result of changes in mean water level of these water bodies.

G.     Areas with Critical Slope

This classification shall cover alienable and disposable forest lands and unclassified forests.

H.     Areas Classified as Prime Agricultural Lands

I.     Recharged Areas of Aquifers

Areas under this classification shall be limited to all local or non-national watersheds and geothermal reservations.

J.     Waterbodies

This classification shall cover all fresh surface waterbodies which are Class AA, A, B and C as per NPCC classification. Likewise, this shall include all marine turtle and fish sanctuaries.

K.     Mangrove Areas

This classification shall refer to areas declared as mangrove swamp forest reserves by Proclamation No. 2152 and mangrove forests declared as wilderness areas by Proclamation No. 2151.

L.     Coral Reefs

This classification shall include all areas identified by local sources such as the Marine Sciences Center or UP-NSRC, MNR, NRMC, etc. to be rich harvest grounds for commercial varieties of corals.

This Order shall take effect immediately.

By Authority of the Executive Officer:

(signed) Veronica R. Villavicencio
Acting Executive Director

Acknowledgement: Text from "Philippine EIA System Guide", Environmental Management Bureau, DENR.

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last updated 1st August 1998
Asia-Pacific Centre for Environmental Law
Faculty of Law
National University of Singapore
© 1998