EIS System, Rules Implementing PD No. 1586 (NEPC, 1979)

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RULES AND REGULATIONS
IMPLEMENTING THE INTENT AND PROVISIONS
OF PRESIDENTIAL DECREE NO. 1586
ESTABLISHING
THE ENVIRONMENTAL IMPACT STATEMENT SYSTEM
IN RELATION TO
PRESIDENTIAL DECREE NO. 1151
PROMULGATING
THE PHILIPPINE ENVIRONMENTAL POLICY

ARTICLE I
SCOPE, DEFINITION OF TERMS, FUNCTIONS, AND RESPONSIBILITIES

These revised rules and regulations shall apply to project planned by any governmental agency or instrumentality including government-owned or controlled corporations, private corporations, firms, individuals or other entities, which fall within the definition of an Environmentally Critical Project, or which will be located within an Environmentally Critical Area. The proponents/planners of such projects shall obtain an Environmental Compliance Certificate as herein provided.

Section 2     Definition of Terms

For purposes of these revised rules and regulations.

1. Environment means all facets of man’s surroundings: physical, ecological, aesthetic, cultural, economic, historic, institutional and social;
2. Project means activities including actions, programs, or undertakings, regardless of magnitude, which may have significant impact on the environment;
3. Project Proponent refers to persons, owners/agents, organizations, or other entities planning or proposing to undertake a project;
4. Lead Agency refers to government agency or agencies which have the expertise and direct responsibility concerning particular types of projects or undertakings as listed in Appendix A hereof;
5. Environmental Compliance Certificate refers to the document issued by the President of the Philippines or his duly authorized representative certifying that the project under consideration will not bring about an unacceptable environmental impact and that the proponent has complied with the requirements of the Environmental impact. Such project description shall substantially conform with the outline set forth in Appendix B hereof;
6. Project Description refers to the document submitted by the project proponent substantially describing the proposed project particularly those aspects of the project which will likely cause adverse environmental impact. Such project description shall substantially conform with the outline set forth in Appendix B hereof;
7. Environmental Impact Statement (EIS) refers to the documentation of the studies of the environment impact of a project including a discussion of the direct and indirect consequences upon human welfare and ecological and environmental integrity. The EIS may vary from project to project but shall in every case contain all relevant environmental information and details about the project to enable the NEPC to make a judicious decision.

The lead agencies shall:

1. In the preparation of the EIS and the determination of environmentally critical projects;

1. Assist the project proponents in determining whether the project is environmentally critical or will be located within an environmentally critical area;
2. Assist project proponents in complying with the requirements of the EIS System as provided herein. The assistance to be provided shall be limited to the rendering explanations of the EIS System and Environmental Assessment, methodologies for preparing an EIS and collecting data, and to the making of suggestions or assistance. The lead agency is not obliged to provide manpower in collecting data or to prepare an EIS for the project proponent;

2. Store information on environment parameters which are pertinent to projects for which they are responsible and to make the same available to project proponent.

The NEPC Secretariat shall:

1. Serve as the administrative body which shall carry out the procedural processes of the EIS System;
2. Assist lead agencies in the discharge of their functions;
3. Evaluate EIS documents to serve as basis for recommending the issuance of an Environmental Compliance Certificate;
4. Prescribe the appropriate outline for specific projects;
5. Coordinate with the NPCC in the monitoring of project granted an Environmental Compliance Certificate;
6. Perform such other functions, as may be assigned to it from time to time by the NEPC.

Section 5     EIS Review Committee

There shall be an EIS Review Committee to be created by the NEPC within the NEPC Secretariat which shall be composed of experts from various fields whose main task is to assist the NEPC in evaluating EIS and other documents pursuant to these rules and regulations: Provided, that a representative of the NEPC shall sit with the committee for the purpose.

The EIS Review Committee shall, among others, include the following as members: ecologist, limnologist, physicist, environmental chemist, wildlife biologist, botanist, hydrologist, sociologist, environmental economist, marine ecologist, soil scientist, health expert, geologist, environmental engineer, historian, archaeologist, and environmental lawyer.

Section 6     Rights and Obligations of Interested Parties

Interested parties may:

1. Suggest to NEPC the inclusion of certain projects or areas which in their opinion are environmentally critical;
2. Appear and adduce evidence in public hearings:
3. Submit written comments on the environmental law, rules, and regulations.

Project proponents shall prior to project implementations:

1. Identify the lead agency with which to coordinate;
2. Prepare and submit pertinent documents required by the agencies and/or the NEPC;
3. Gather all informations necessary for the preparation of an EIS if required, provided that the cost of data gathering, plan preparation, documentation, publication, and other expenses in connection therewith shall be borne by project proponents.

Any project proponent intending to implement a program consisting of a series of similar projects, or a project subdivided into several phases and/or stages may file for an EIS to cover its intended program or project, respectively. The EIS Review Committee shall determine at this stage whether or not programmatic compliance with the EIS System is feasible in each case, and advise the project proponent as to whether the EIS may be prepared in programmatic form.

ARTICLE II
DECLARATION OF ENVIRONMENTALLY CRITICAL PROJECTS OR AREAS

The declaration of certain projects or areas as environmentally critical shall be by Presidential Proclamation in accordance with Section 4 of P.D. No. 1586. Such environmentally critical projects or areas so declared shall fall within the scope of the EIS System.

Section 2     Compliance with the EIS System

No project which falls within the scope of the EIS System shall be implemented without first securing an Environmental Compliance Certificate, provided that the President or his duly authorized representative may, motu proprio or upon recommendation of the NEPC, for reasons of national interest or in compliance with international commitment, exempt a project from the requirement of submitting EIS. Such exemption, however, shall not preclude the NEPC or appropriate lead agency from requiring the project proponent to institute necessary remedial measures to protect the environment.

Section 3     Criteria

The NEPC shall, after exhaustive studies and extensive research and consultations, formulate and adopt the criteria to used as bases for determining the projects or areas that shall be declared as environmentally critical by the President.

ARTICLE III
PROCEDURES

The following procedures shall be observed in obtaining an Environmental Compliance Certificate:

1. The project proponent initially determines whether or not a project falls within the EIS System. In case of uncertainty, the project proponent shall request the assistance of the lead agency to make such determination.

In case of a negative determination the project proponent may proceed with the project. In case of a positive determination, the project proponent shall be required to file a Project Description with the NEPC in the form prescribed for this purpose.

2. The EIS Review Committee of NEPC studies the Project Description. If the proposed project is to be located within an Environmentally Critical Area, but does not fall under any of the categories of Environmentally Critical Projects, and should it be determined by the Committee that said proposed project will have no or negligible effects upon the Environmentally Critical Area, the Committee may immediately recommend to the President or his duly authorized representative, the issuance of an Environmental Compliance Certificate for the project.

If the Committee determines that the proposed project is not within the scope of the EIS System, the NEPC shall immediately inform the project proponent to proceed with the project but may require the latter to adopt appropriate environmental safeguards as it may deem necessary. The required action under this sub-section shall be completed within fifteen (15) working days from receipt of a duly accomplished project description.

3. The project proponent shall prepare an Environmental Impact Assessment reported in the form of the draft EIS to be submitted to the lead agency including all the data required by the NEPC. The NEPC prescribed outline shall be followed in preparing the EIS for the project.

4. The lead agency shall review the draft EIS and cause the preparation of final EIS to be submitted to the NEPC. Expenses for the preparation of the EIS shall be on the account of the project proponent.

The Committee shall decide within fifteen (15) working days whether the EIS conforms with the prescribe EIS outline. If not, the project proponent is required to complete and resubmit the same to the Committee which shall act on it within the same period. Once the EIS is completed, the NEPC Secretariat shall publish a brief description of the project covered and elicit comments form pertinent government agencies or interested parties. All comments must be submitted in writing to NEPC within thirty (30) calendar days from receipt of NEPC request. The NEPC may require the project proponent to reply to any such comments. If the expected environmental impact of the projects of substantial magnitude in terms of the number of people affected, the area affected, the cost involved, interalia, the NEPC may call a public hearing, in which case, the provision of Article IV shall apply.

5. The project proponent shall furnish sufficient copies of the EIS documents to the NEPC and to the lead agency. These documents shall be made available for perusal and reproduction to interested parties during the usual business hours.

6. The EIS Review Committee shall deliberate upon the EIS and evaluate all comments submitted by interested parties and commenting agencies. Within fifteen (15) working days after receipt of the report of the hearing officer, the committee shall:

1. recommend to the President the issuance of an Environmental Compliance Certificate; or
2. advise the project proponent that his project as planned will bring about unacceptable environmental impacts unless modified, in which case, the project proponent may modify the plan and submit a revised EIS in accordance with the procedure determined by the Committee; or
3. advise the project proponent that the project is totally unacceptable stating the reasons therefor.

The procedures set forth in Section 1 of this Article is presented in a flow chart attached hereto as Appendix D which shall form part of these revised rules and regulations.

ARTICLE IV
PUBLIC HEARING

Whenever a public hearing is to be conducted under these revised rules and regulations, notice thereof shall be published once a week for two (2) consecutive weeks in any newspaper of general circulation at least twenty (20) calendar days prior to public hearing. Notice shall likewise be posted in a conspicuous place in the municipality or barangay where the project is to be located. All the expenses of the notices shall be for the account of the project proponent. The NEPC Secretariat shall solicit in writing comments from other government agencies with expertise or regulatory power over the proposed project, as well as the designated lead agency.

Section 2     Designation of Hearing Officers

The NEPC may appoint/designate any qualified person as a Hearing Officer, to conduct the public hearing.

Section 3     Power and Duties of Hearing Officers

Hearing Officers shall have the power and authority to conduct proceedings in the name of the NEPC with the aim of further eliciting more pertinent facts and information. He may adopt such procedures as may be necessary for the speedy disposition of the application involved.

Section 4     Parties

The parties to the public hearing may include the project proponent, the lead agencies concerned, the commenting agencies, and other interested parties.

Section 5     Nature of Proceedings

The proceedings in the public hearing shall be summary in character and may not strictly adhere to the technical rules of evidence and procedures. The proceedings shall be duly recorded.

Section 6     Report

The hearing officer shall render a report of his findings to the EIS Review committee within fifteen (15) working days from the termination of the hearing.

ARTICLE V
GENERAL PROVISIONS

Any person, natural or juridical, found violating the provisions of these revised rules and regulations or the directives and order issued thereunder by the NEPC or its duly authorized representatives or agencies, shall be punished by the suspension or cancellation of his/its Environmental Compliance Certificate and/or a fine not to exceed Fifty Thousand Pesos (P50,000.00) for every violation thereof at the discretion of the NEPC.

Section 2     Transitory Provision

All projects where an EIS is required under Presidential Decree No. 1151, and its implementing rules and regulations and guidelines, the proponents of which have not prepared the necessary EIS and/or obtained approval thereof from the NEPC at the time of the effectivity of these rules and regulations, shall be now governed by the provisions hereof.

Section 3     Repealing Clause

All provisions of the Rules and Regulations and the Guidelines, including all revisions or amendments thereof, issued by the NEPC pursuant to Section 4 of Presidential Decree No. 1151, are hereby repealed, amended and/or modified accordingly.

Section 4     Effectivity

These revised rules and regulations shall take effect thirty (30) days after publication thereof in the Official Gazette.

Adopted by the Chairman and Members of the Council on 23 November 1979.

Note: Appendices not available.

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Acknowledgement: Text from "Environmental Law in the Philippines".

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