ADMINISTRATIVE ORDER NO. 42 -
RATIONALIZING THE IMPLEMENTATION OF THE PHILIPPINE ENVIRONMENTAL IMPACT
STATEMENT (EIS) SYSTEM AND GIVING AUTHORITY, IN ADDITION TO THE
SECRETARY OF THE DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES, TO
THE DIRECTOR AND REGIONAL DIRECTORS OF THE ENVIRONMENTAL MANAGEMENT
BUREAU TO GRANT OR DENY THE ISSUANCE OF ENVIRONMENTAL COMPLIANCE
CERTIFICATES
WHEREAS, the Environmental Impact Statement
(EIS) System was established by virtue of Presidential Decree No. 1586
(1978) to facilitate the attainment and maintenance of a rational and
orderly balance between socio-economic growth and environmental
protection;
WHEREAS, the need to incorporate environmental concerns in the
country's efforts for national development should be done in the most
efficient manner so that neither the environment nor national
development are compromised;
WHEREAS, Sec. 4 of Presidential Decree No. 1586 establishing the
Philippine Environmental Impact Statement System empowers the President
or his duly authorized representative to grant or deny the issuance of
environmental compliance certificates (ECCs) for environmentally
critical projects within environmentally critical areas;
WHEREAS, Sec. 7 of Executive Order No. 192 providing for the
reorganization of the Department of Environment, Energy, and Natural
Resources (DEENR) and renaming it as the Department of Environment and
Natural Resources (DENR) vests in the Secretary of the DENR the
authority and responsibility to exercise the mandate of the DENR,
accomplish its objectives and discharge its powers and functions;
WHEREAS, the Secretary of DENR, as alter ego of the President, is
deemed to have the power to grant or deny the issuance of ECCs on
behalf of the President;
WHEREAS, under Sec. 21, Chapter 4, Title XIV, Book IV of Executive
Order No. 292, the Administrative Code of 1987, the DENR Regional
Offices are responsible for, inter alia, implementing laws, policies,
plans, programs, projects, rules and regulations of the DENR to promote
the sustainability and productivity of natural resources, social equity
in natural resources utilization and environmental protection in their
respective regions;
WHEREAS, under Sec. 34, Chapter 4 of the provisions of Republic Act
No. 8749 (Philippine Clean Air Act of 1999), the Environmental
Management Bureau was converted from a staff bureau, into a line bureau
with the Regional Directors in charge of the various regional offices;
WHEREAS, the Environmental Management Bureau (EMB), together with the
Environmental Impact Assessment (EIA) Review Committee, through the
years of implementation of the Philippine EIS System, has established
competence in the review and evaluation of the environmental impact of
development projects;
WHEREAS, the current procedures on the ECC application process need to
be streamlined;
WHEREAS, Sec. 4 of Executive Order No. 291 (1996) provides for the
continuous strengthening of the Environmental Impact Assessment
capability of the DENR.
NOW, THEREFORE, I, GLORIA MACAPAGAL-ARROYO, President of the
Philippines, by virtue of the powers vested in me by law and the
Constitution, in order to further simplify the requirements and
streamline the processing of ECC applications do hereby authorize, in
addition to the Secretary of the Department of Environment and Natural
Resources, the Director and Regional Directors of the Environmental
Management Bureau to grant or deny the issuance of Environmental
Compliance Certificates.
Section 1. Declaration of Policy. — It is the policy
of the State that optimum economic development shall be achieved
without delay and shall be pursued to ensure that the present
generation meets its needs without compromising the needs of future
generations. Hence, a systems-oriented and integrated approach in the
analysis and solution to environmental concerns vis-a-vis national
development programs shall be implemented.
Sec. 2. Streamlining the ECC Application
Processing and Approval Procedures. — Consistent with the
above-mentioned policy, the following are hereby ordered:
A. Project proponents are hereby directed to
simultaneously conduct the environmental impact study (as required for
ECC application) and the feasibility study of the proposed project.
B. The endorsing official, approving authority and
processing timeframes for ECC applications shall be as follows:
Type of Project Endorsing Official
Approving Official Processing
Timeframe
(not to
exceed)
Environmentally
EMB Central DENR 120 working days
critical
project Office Director
Secretary/EMB
(Single
Project) Director
Non EIA
Division chief, EMB 60 working days
Environmentally
Regional Office Director/Regional
Critical
Project Director
located in Critical
areas
Projects Not
EIA Division chief EMB 15 days
Covered by the
EMB Director/Regional
EIS System
Central/Regional Director
Office
If no decision is made within the specified processing timeframe, the
ECC application is deemed automatically approved and the approving
authority shall issue the ECC within five (5) working days after the
prescribed processing timeframe;
C. The DENR-EMB shall be limited to a maximum of two
(2) official requests for additional information (in writing) from the
ECC applicant.
D. Projects that have no significant environmental
impact shall not be required to secure an ECC. The EMB in coordination
with the Department of Trade and Industry (DTI) shall review and is
hereby authorized to update/make appropriate revisions on the technical
guidelines on the EIS Systems Implementation including the technical
definition of "Environmentally Critical Projects" and "Environmentally
Critical Areas" as provided for in Presidential Proclamation No. 2146
(1981), to take into consideration, among others, industrial and
technological innovations and trends;
Sec. 3. Strengthening the Implementation of the
Philippine EIS System. —
A. The DENR-EMB shall conduct regular consultations
with DTI, affected industry groups and other stakeholders for the
purpose of continually improving the processing of ECC applications to
fulfill the above-mentioned policy. The DENR Secretary shall
accordingly appraise the President of the issues raised as well as the
actions taken by the DENR to address these issues;
B. The information systems on the policy, program and
project level aspects of the EIS System implementation shall be
improved for the effective dissemination of critical information to the
public, including the regular updating of the status of ECC
applications on the website;
C. In order to effectively implement the above
provisions, the current EIA ad hoc division at the EMB Central Office
and the EMB Regional Office who are primarily in-charge of the
processing of ECC applications shall be converted into a full-pledged
division. The new position items for the EIA Division shall be created
out of the existing budget and vacant position items within the
government service which shall be reclassified accordingly.
Sec. 4. The DENR Secretary shall issue
implementing guidelines as necessary to ensure effective compliance
with this Order.
Sec. 5. Repealing Clause. — All administrative
orders including Administrative Order No. 300 (1996), executive orders,
rules and regulations inconsistent with any provisions of this Order
shall be deemed revoked, amended or modified accordingly.
Sec. 6. Effectivity. — This Administrative Order
shall take effect immediately.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of
the Republic of the Philippines to be affixed.
Done in the City of Manila,
this 2nd day of November, in the year of our Lord, two thousand and two.
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