Question & AnswerQ&A (DENR ADMINISTRATIVE ORDER NO. 96-37)
The DENR's main policy is to attain and maintain a rational and orderly balance between socio-economic growth and environmental protection through sustainable use, development, management, renewal, and conservation of natural resources and environmental quality for present and future generations.
ECPs are projects that have high potential for significant negative environmental impact and are listed under Presidential Proclamation Nos. 2146 and 803, as well as other projects proclaimed by the President as environmentally critical pursuant to Section 4 of PD 1586.
An Environmental Compliance Certificate (ECC) is issued by the DENR Secretary or Regional Executive Director certifying compliance and commitment to mitigation for projects or undertakings.
The EIS System covers Environmentally Critical Projects, projects located in Environmentally Critical Areas, and projects that are both ECPs and located within ECAs. No person shall operate such projects without securing an ECC.
Such projects must submit an Initial Environmental Examination (IEE), and upon recommendation of the Regional Executive Director, may be required to prepare an Environmental Impact Statement (EIS). The proponent may opt to submit an EIS from the start.
Public Participation is a transparent, gender-sensitive, community-based process involving stakeholders from design to post-assessment monitoring to ensure social acceptability of a project or undertaking.
The grounds for appeal are limited to grave abuse of discretion and serious errors in findings of fact that cause grave or irreparable injury to the aggrieved party. Frivolous appeals are not countenanced.
The project shall be ordered closed through a Cease and Desist Order (CDO) and fined P50,000 for every violation, without prejudice to applying for an ECC following the proper process.
The proponent and the preparer are jointly and solidarily responsible for the accuracy and truthfulness of the EIS/IEE, with preparers subject to administrative, civil, and criminal sanctions for misrepresentations.
The EIARC, composed of independent technical experts, evaluates the EIS, validates studies, conducts public consultations or hearings, and makes recommendations to the DENR on the issuance or denial of the ECC.
The EGF is a fund established by proponents of projects posing significant public risk or requiring rehabilitation or restoration, to answer for damages to life, health, property, and the environment arising from such risk.
ECAs are determined under Presidential Proclamation No. 2146, Series of 1981, and other areas the President may proclaim as environmentally critical as provided under Section 4 of PD No. 1586.
Public hearings are conducted by the DENR upon recommendation of EIARC for projects with wide public impact, mounting opposition, or upon written request by stakeholders. Notices must be published in newspapers and posted locally at least 15 days before the hearing.
Proponents required or opting to submit an EIS must commit to establish an EMF to support monitoring activities after ECC issuance. The EMF amount is based on estimated costs of monitoring and is established no later than the project's initial construction phase.
They have authority to impose penalties, conduct investigations with hearings, issue Cease and Desist Orders, assess fines, suspend or cancel ECCs, and ensure compliance with the law and related regulations under the EIS System.