Title
Streamlining ECC Issuance in Environmental Projects
Law
Administrative Order No. 42
Decision Date
Nov 2, 2002
Administrative Order No. 42 streamlines the implementation of the Philippine Environmental Impact Statement System, ensuring thorough assessment of potential environmental impacts and balancing economic development with environmental protection, while also promoting regular consultations with industry groups and stakeholders for effective implementation.

Law Summary

Authority to Grant or Deny Environmental Compliance Certificates (ECCs)

  • Empowerment of the Secretary of the Department of Environment and Natural Resources (DENR) as the alter ego of the President to grant or deny ECCs.
  • Additional authority given to the Director and Regional Directors of the Environmental Management Bureau (EMB) to grant or deny ECCs.

Scope and Coverage of the ECC Application Process

  • Streamlining of the ECC application procedures to improve efficiency.
  • Project proponents must conduct environmental impact study and feasibility study simultaneously.
  • Different processing timeframes and approval authorities based on project type:
    • Environmentally critical single projects: 120 working days, EMB Central Office Director endorses, DENR Secretary or EMB Director approves.
    • Non-critical projects in critical areas: 60 working days, EIA Division chief endorses, EMB Director or Regional Director approves.
    • Projects not covered by the EIS system: 15 days, EIA Division chief endorses, EMB Director or Regional Director approves.
  • Automatic approval if no decision within prescribed timeframe.
  • Limitation of two official requests for additional information per application by DENR-EMB.
  • Exemption from ECC for projects with no significant environmental impact.
  • EMB, in coordination with the Department of Trade and Industry (DTI), authorized to update technical guidelines and definitions related to the EIS system.

Strengthening Implementation of the Philippine Environmental Impact Statement (EIS) System

  • DENR-EMB to hold regular consultations with DTI, industry groups, and stakeholders to improve ECC processing.
  • The DENR Secretary to report to the President on issues and actions taken.
  • Improvement of information systems for effective public dissemination, including ECC application status updates online.
  • Conversion of the EIA ad hoc divisions at EMB Central and Regional Offices into full-fledged divisions.
  • Creation and reclassification of EIA Division positions using existing budgets and vacancies.

Implementing Guidelines and Administrative Adjustments

  • The DENR Secretary is mandated to issue necessary implementing guidelines for compliance.
  • Repeal or amendment of previous administrative orders, executive orders, rules, and regulations inconsistent with this Order.

Effectivity

  • The Administrative Order takes immediate effect upon promulgation.

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