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Lesson 3 - EIA Regulatory Frameworks

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Kim Bob G. Fernandez
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77 views

Lesson 3 - EIA Regulatory Frameworks

Uploaded by

Kim Bob G. Fernandez
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PDF, TXT or read online on Scribd
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EIA Regulatory

Framework
Lesson 3
Opening Prayer

As we gather here in the harbour of your safety


We thank you for fellowship and family.
We ask that you will strengthen us, restore us and
inspire us with your love.
Lord, would you fill us with your peace
So that as we journey onwards
We would pour out your love and grace to others.
We ask that our souls would catch the wind of your spirit so
that we would take your promises to all the earth.
Amen.
EIA Regulatory
Framework
Lesson 3
Outline of Discussion

1 3 5
Legal & Admin Monitoring & Public
Framework of Enforcement Participation
EIA in EIA in EIA

2 4
Coverage of Problems &
Philippine EIS Limitations of
System PEISS
1 Legal & Administrative Framework of EIA

● EIA is an evolving process

● Every EIA is distinctive to


some degree, reflecting
the political system of a
country.
1 Legal & Administrative Framework of EIA

Two main types of legal provisions made for EIA:

General Environment or Resource


EIA Specific Law
Management Law

can either be comprehensive or take


incorporates EIA requirements and
the form of a framework or enabling
procedure
statute
1 Legal & Administrative Framework of EIA

National & International Examples of


EIA Legislation

US National Environmental Policy


(NEPA, 1969)

New Zealand Resource Management Act


(RMA, 1991)

Canadian Environmental Assessment Act


(CEAA, 1993)

European Commission (EC) Directive on


EIA (1985)
1 Legal & Administrative Framework of EIA

National & International Examples of International Environmental Law &


EIA Legislation Policy of relevance to EIA

US National Environmental Policy Non-binding Instruments


(NEPA, 1969) (e.g., Rio Declaration)

New Zealand Resource Management Act Legal conventions & treaties related to
(RMA, 1991) environmental protection at the global or
regional level
Canadian Environmental Assessment Act
(CEAA, 1993)
Legal conventions & protocols that apply
European Commission (EC) Directive on specifically to EIA arrangements
EIA (1985)
1 Legal & Administrative Framework of EIA
Convention on
Biological Diversity Convention on
International Trade in
Rio de Janeiro, 1992 01 Endangered Species of
Convention on Control of Wild Fauna & Flora
06 02
Transboundary Washington, 1973

Movements of Hazardous Convention on Wetlands


Wastes & their Disposal of International
Basel, 1989
05 03 Importance Especially in
Convention for the Waterfowl Habitat
04 Ramsar, 1971
Protection of the
Ozone Layer Framework Convention
Vienna, 1985 on Climate Change
New York, 1992
2 Coverage of the Philippine EIS System

MC 2007-002
(Revised Procedural
Manual)
MC 2007-001
Department (Environmental
Presidential Administrative Impact Assessment
Decrees Nos. Orders Review Manual), &
1151 (1977) & 2003-30 & additional
1586 (1978) 96-37 Memorandum
Circulars

EIA Law EIA Regulations EIA Guidelines

PEISS Legal Framework


2 Coverage of the Philippine EIS System

Key Operating Principles in the Implementation of PEISS

1. concerned primarily with assessing the direct and indirect impacts


of a project on the biophysical and human environment
2. aids Proponents in incorporating environmental considerations in
planning their projects as well as in determining the environment’s
impact on their project
3. Project Proponents are responsible for determining and disclosing
all relevant information necessary for a methodical assessment of
the environmental impacts of their projects
2 Coverage of the Philippine EIS System

Key Operating Principles in the Implementation of PEISS

4. The review of EIA Reports by EMB shall be guided by three (3)


general criteria:
a. environmental considerations are integrated into the overall
project planning
b. assessment is technically sound and proposed environmental
mitigation measures are effective
c. based on a timely, informed and meaningful public
participation of potentially-affected communities
2 Coverage of the Philippine EIS System

Key Operating Principles in the Implementation of PEISS

5. Effective regulatory review of the EIA Reports depends largely on


timely, full, and accurate disclosure of relevant information by
project Proponents and other stakeholders

6. The timelines prescribed within which a decision must be issued


apply only to processes and actions within the Environmental
Management Bureau’s (EMB) control
2 Coverage of the Philippine EIS System

Specific criteria for determining projects or undertakings to be covered by the EIS System

Characteristics of the Size, cumulative nature of impacts, use of natural


1 project or undertaking
resources, waste generation, environment-related
hazards

Vulnerability to disturbances, conformity to the


2 Location of the Project existing land use, relative abundance, quality , and
regenerative capacity of natural resources

Nature of the Potential Geographical extent of the impact and size of the
3 Impact
affected population, magnitude and complexity of
the impact, likelihood, frequency, duration
2 Coverage of the Philippine EIS System

Categories of Projects/ Undertakings under the EIS System

A B C D

ECPs Non-ECP in ECA Projects intended to Projects unlikely to


directly enhance
Environmentally Projects located in cause adverse
environmental quality or
Critical Projects Environmentally address environmental environmental
Critical Areas problems impacts
2 Coverage of the Philippine EIS System

Categories of Projects/ Undertakings under the EIS System


2 Coverage of the Philippine EIS System
2 Coverage of the Philippine EIS System

Categories of Projects/ Undertakings under the EIS System


2 Coverage of the Philippine EIS System

Single Project Groupings

I II

ECPs in either NECPs in ECAs


ECA’s or NECA
2 Coverage of the Philippine EIS System

Single Project Groupings Co-located Projects

I II III IV V

ECPs in either NECPs in ECAs NECPs in Co-located Unclassified


ECA’s or NECA NECA Projects in Projects
either ECA or
NECA
2 Coverage of the Philippine EIS System

EIA Report Types


Programmatic EPRMP
7
(PEPRMP) Environmental Performance
6 Report & Mngmt Plan (EPRMP)
Project Description
5
Report (PDR)
4 IEE Checklist (IEEC) 3
Initial Environmental
33
Examination Report (IEER)
2 Programmatic EIS (PEIS)
Environmental Impact
11
Statement (EIS)
2 Coverage of the Philippine EIS System

Decisions on EIA Applications

ECC CNC DL

Environmental Certificate of Denial Letter


Compliance Non-Coverage
Certificate
3 Monitoring & Enforcement in EIA
4 Problems & Limitations of PEISS

1 Intent and timing of the EIA process

Institutional capacity of the implementing


2
agency
5 Public Participation in the EIA Process
1 3 5
Legal & Admin Monitoring & Public
Framework of Enforcement Participation
EIA in EIA in EIA

2 4
Coverage of Problems &
Philippine EIS Limitations of
System PEISS
Thank
you!

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