Subject:: DENR Administrative Order No. 2000-05 Series of 1994
Subject:: DENR Administrative Order No. 2000-05 Series of 1994
Subject:: DENR Administrative Order No. 2000-05 Series of 1994
No. 2000-05
Series of 1994 (Revised)
ARTICLE I
Policy Objectives and Definition of Terms
1.1 Supplementing DENR Administrative Order No. 37, Series of 1996 on the
implementation of the EIS System, the Department also assure environmentally and
socially acceptable development of industrial areas within the Philippines in
furtherance of, among other provisions, Art. I, Section 8, Rules and Regulations
Implementing the Intent and Provisions of PD 1586 Establishing the Environmental
Impact Statement (EIS) System in Relation to Presidential Decree No. 1151
Promulgating the Philippine Environmental Policy.
1.2.6 To assess the induced effects on the social and natural environment of
concentrated industrialization programs.
1.3.1 For the purpose of these rules and regulations, whenever any of the following
words and terms are used therein, they shall have the meaning ascribed in this
section:
20. Industrial Estate (IE) – refers to a tract of land subdivided and developed
according to a comprehensive plan, under a unified and continuous
management, with provisions for basic infrastructure and utilities with or
without prebuilt standard factory buildings and common service facilities, for
the use of a community of industries.
21. Locator Firm - refers to an industrial facility that locates or is sited within
the geographic boundaries of an industrial development area (IDA).
25. PENRO – refers to the Provincial Environment and Natural Resources Officer
of the DENR.
31. Project Profile (PP) – refers to the document submitted by the project
proponent substantially describing the proposed project or program and
containing sufficient descriptive detail of the environmental aspects of a
proposed project or program to enable DENR to determine whether the
project or program is subject to programmatic procedures.
34. Public Hearing – refers to the activity undertaken by DENR to gather facts
and elicit all issues, concerns and apprehensions and at the same time
provide the proponent with the opportunity to present the project or
programs to the people/community who would be affected by such.
39. Social Acceptability – refers to the process, respected by both DENR and a
proponent, which ensures that the concerns of affected communities are
incorporated into the decision-making process for programmatic compliance.
ARTICLE II
Scope of the EIS Programmatic Compliance
2.1.1 Projects that fall into the following categories are within the purview of
programmatic compliance, as more fully articulated by guidelines published by EMB;
and are required to submit a programmatic EIS :
2.2.2 A new locator in an IDA (with ECC) that does not conform to the original
specifications of the programmatic EIS is required to submit a single-project EIS, but
may use the eco-profile data for its discharge allocations. Under such circumstances,
DENR must consider this as a separate ECC application.
ARTICLE III
Procedural Flow
Section 1. Screening
3.1.1 ECC applications for Projects or Programs that falls within the categories
described in Article II Section 1, item 2.1.1 shall proceed with scoping and shall
follow procedures as detailed in the EISPC guidebook.
Section 2. Scoping
3.2.1 Scoping shall be initiated by the project proponent at the earliest possible
stage of project development to define the range of actions, alternatives and impacts
to be examined as well as the area for ecoprofiling. Following are the main objectives
of the scoping activity :
a. Provide an early link between the DENR and the proponent to ensure that the
EIA addresses relevant issues and presents that the EIA addresses relevant
issues and presents results in a form consistent with the EIS programmatic
compliance requirements
b. Allow the stakeholders to make their concerns known to ensure that the EIA
adequately addresses the relevant issues;
3.2.2 The EMB shall identify reviewers who shall be invited to join the scoping
sessions and eventually review the results of the ecoprofiling and EIA study for the
particular project or undertaking whenever possible.
3.2.3 Based on the scoping process, the proponent shall submit a scoping report
to the EMB. The scoping report should include among others the proposed scope of
the ecoprofiling activity and the EIA study. This shall be reviewed and approved by
the EMB and shall serve as basis for the studies to be conducted and a basis for the
review of the EIS.
3.2.4 The agreed-upon scope may be adjusted during the course of the study to
take into account new information or changing conditions.
3.4.1 Upon the completion of the study, the proponent shall submit a copy of the
EIS to EMB for completeness screening prior to its official acceptance as an ECC
application. The submitted document shall be evaluated within seven (7) working
days for completeness and decide whether the information contained in the EIS is
sufficient for a thorough evaluation of the subject environmental impacts. The EMB
shall then inform the proponent of any additional information that may be needed for
further evaluation of the EIS, and may also recommend and perform an ocular
inspection of the proposed site or sites of the undertaking in question in order to
check the veracity of the information contained therein.
3.4.2 If found acceptable, the EMB shall require the proponent to submit at least
fifteen (15) legible copies of the EIS.
3.4.3 The proponent of such project seeking programmatic compliance shall pay
the necessary fees in accordance with the schedule of fees.
3.4.4 The proponent shall likewise furnish a copy of the EIS to the Offices of the
concerned Regional Executive Director, PENRO, CENRO and local government units.
A laymanized version of the EIS Executive Summary shall also be made available for
the public.
3.5.1 After the evaluation for completeness, the EMB, at its discretion, may
convene the EIA Review Committee to assist in the review process.
3.5.2 The EIA Review Committee shall be selected from a pool technical experts
and subject area specialists both from within DENR and from outside sources such as
the academic community, other government agencies and the private sector. EMB
shall supplement the Committee’s pool of experts when occasion demands.
3.5.3 The EMB shall schedule the holding of a public hearing, subject to the
process stipulated in Article V, Section 3, and may likewise require the proponent to
submit additional information, if necessary. The proponent will also be expected to
demonstrate social acceptability of the project or program
Within fifteen (15) days from the completion of the review, the EIARC shall submit a
report to the EMB Director containing the results of its review/evaluation and its
recommendations with respect to the issuance or non-issuance of the ECC.
3.6.2 Recommendation of the EMB Director
Within fifteen (15) days from the receipt of the EIARC report, the EMB Director shall
make his/her own recommendations to the Office of the Secretary for final decision.
Copies of the EIARC report and other pertinent documents shall be attached to the
EMB Director’s recommendations.
3.6.3 Decision
The DENR Secretary shall either grant or deny the issuance of the ECC. In granting
or denying the issuance of the ECC, the Secretary shall take into account the social
and environmental cost implications relative to the judicious utilization, development
and conservation of the country’s natural resources
In case the decision is to grant the ECC the following conditionalities shall be
highlighted :
The Office of the Secretary shall cause the transmittal of the decision , the EIS, all
pertinent records and documents to the EMB within five (5) days from the date of
such issuance. The offices of the concerned Regional Executive Director, PENRO,
CENRO, the municipal/City mayor and the proponent shall also be furnished with a
copy of the decision within the same period by the Office of the Secretary
ARTICLE IV
Contents of the Programmatic EIS
At the minimum, the EIS for programmatic compliance should contain the following :
1. Project Description
2. Scoping Report
4. Impact Analysis
Evidence demonstrating compliance with this requirements shall form part of the
supporting documents to be submitted with the EIS.
Public hearing(s), whose number shall be at the discretion of the EMB, shall be held
to promote a wide and timely exchange of views, information, and concerns among
the affected parties, communities, and the proponent. At a minimum, the proponent
will present the tentative conclusions of the draft EIS and their technical justification
for the public’s benefit and information. Copies of the EIS shall be made available to
the affected communities by the proponent either at the DENR Regional Office, if
convenient, or at a local school(s) or library(ies).
A notice of public hearing shall be published once a week for two (2) consecutive
weeks in any newspaper of general circulation and in the area(s) of the project or
activity at least fifteen (1520) calendar days prior to a scheduled hearing. Notices
shall likewise be posted in conspicuous places in the municipality or barangays where
the project or projects are to be located. Expenses for the notices shall be borne by
the proponent.
The EMB Director or his duly designated representative shall appoint hearing officers
for the conduct of public hearings.
They will ensure that all responsible positions/concerns are afforded an opportunity
to be heard.
The Hearing Officers shall submit a report of their findings to the EMB, as
appropriate, within five (5) working days after the hearing.
Public hearings shall be summary in nature and need not strictly adhere to the
technical rules of evidence.
Copies of the report shall be considered as public documents and shall be made
available to all concerned parties and other interested entities, upon request.
DENR shall guarantee that the EIA process shall be open, transparent, and
accessible. To that end, DENR shall publish social acceptability guidelines and
describe the responsibilities of all reelevant parties in promoting general public
understanding of the project or program among the members of the affected local
communities. The proponent shall bear the principal responsibility for initiating thee
meetings and consultations called for in the social acceptability guidelines, and shall
attach to its EIS copies of minutes or other appropriate documentation of such
meetings and consultations as a demonstration of its responsibility to promote wide
public understanding of its project or program.
ARTICLE VI
Monitoring
The MMT shall be principally tasked to undertake monitoring of compliance with the
ECC conditions, the EMP and applicable laws, rules and regulations. It shall also be
tasked to validate impacts predicted in the EIS. The DENR Regional Office with the
assistance of EMB shall initiate the formation of a Multisectoral Monitoring Team for
an approved project or program and will serve as Chair of the Team’s activities. Its
principal function will be to provide general oversight over the conditionalities
imposed in the ECC. The composition of the Multisectoral Monitoring Team shall
broadly represent the sectoral stakeholders of the project or program, and most
particularly the local communities.
6.1.3 The project or program administrator (who shall be the successor to the
project proponent) shall allow duly credentialed mnonitoring personnel entry to its
premises at all reasonable times during normal business hours to inspect, monitor,
and sample.
ARTICLE VII
Environmental Monitoring Fund And Guarantee Funds
ARTICLE VIII
Economic Incentives
ARTICLE IX
Memorandum of Agreement with Local Government Units
Section 1. Briefing
After the eco-profile of each RIC has been completed pursuant to Section 2.3.4,
DENR shall meet with all of the affected Local Government units (LGU) at the
barangay, municipal, and provincial level, together with other organized sectors, and
brief them on its technical findings, pursuant to the spirit of Art. 3, Section (c) and
(d), rules and Regulations Implementing the Local Government Code of 1991.
Section 2. Execution
After consultations have taken place between DENR and the appropriate LGUs, and
appropriate interest is expressed on the part of the LGUs, DENR shall undertake to
enter into a Memorandum of Agreement (MOA) with the LGUs, either jointly or
severally, with a view toward incorporating, either originally or by amendment, the
eco-profile for each RIC into the Comprehensive Land Use Plan required of the LGUs
pursuant to Art. 41, Ibid., with particular reference to the requirement therein that
"ecological balance" be considered in the Plan.
ARTICLE XIII
Duties and Responsibilities of Actors in the EIS Programmatic Compliance
Process
Section 1. Proponents
10.1.3 Involve the public in project scoping and other appropriate opportunities.
10.1.4 Provide a true, complete and accurate EIS (with Accountability Statement
attached).
10.1.7 Ensure that appropriate post-assessment permits are in place and that
monitoring and reporting are carried out as required
Section 2. DENR
10.2.1 Office of the Secretary
2. Advises the President and Congress on the need to enact and modify
laws relative to the EIS System
10.2.2 EMB
10. Coordinates with the DENR field offices, local government units
(LGUs), non-governmental organizations (NGOs), people’s
organizations (POs), proponents and other government
agencies in the conduct of actual compliance and multisectoral
monitoring of projects and programs granted ECC under
programmatic compliance
11. Initiate consultations with Local Government Units, and other
sectors, with a view toward entering into a Memorandum of
Agreement designed to incorporate eco-profiles into LGU
Comprehensive Land Use Plans.
3. Assist EMB in the conduct of the site inspection for EIS purposes
a nd make necessary recommendation.
ARTICLE XI
Schedule of Fees
All proponents upon submission of the Programmatic EIS, shall pay a filing fee of PhP
310.00, a processing fee of PhP 100.00 per ha of development area and a legal
research fee of Php70.00.
The proponent shall be responsible for the payment of all costs r5elating to the
review of its EIS, in accordance with the existing Implementing Rules and
Regultaions.
ARTICLE IVXII
Penalties, Ground for Cancellation of ECC and Administrative Sanction
12.1.1 Projects or programs defined under Section 2.1.1 found operating without
an ECC
12.1.2 Projects or programs found violating ECC conditions
12.2.1 A report which will serve as the basis for the imposition of fine mustl be
prepared by EMB or its Regional Office. The report will include the following
information, at a minimum:
12.2.2 The Report shall be submitted to the Director of EMB of the Regional
Executive Director (RED), as the case may be, for appropriate action.
12.2.3 The EMB Director or RED shall issue an order for the imposition of
penalties.
1. First Violation
Section 5. Appeals
Any appeal from the decision/order of the EMB Director or RED shall
be filed by the proponent (or the project or program administrator)
with the Office of the Secretary within fifteen (15) days following
receipt of the said order or devisor. The Secretary shall issue a
decision on the appeal within a period of thirty (30) days following the
receipt of the said appeal. The decision of the Secretary shall be final
and executory.
ARTICLE XIIIV
Supplemental Rules and Regulations
13.1.1 An application for an ECC which has been inactive on the part of the
proponent for at least a year shall be returned to the proponent. The DENR shall
notify the proponent one month before the application is terminated.
13.1.2 If, after termination, the proponent decides to proceed with its project, it is
considered a new application and the proponent shall pay the corresponding fee.
ARTICLE XIV
Transitory Provision
Considering the technical details needed to operationalize this order, the EMB shall
prepare the appropriate blueprint plans of action that will prepare the
implementation of the order within a period not to exceed one year from the
effectivity of the said order.
ARTICLE XV
Effectivity
This Administrative Order shall take effect thirty (30) days after its publication of the
Implementing Rules and Regulations in any newspaper of general circulation.
ARTICLE XVI
Repealing Clause
All rules and regulations found inconsistent herewith shall be superseded by this
Administrative order.
ANTONIO H. CERILLES
Secretary
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