Environmental Impact Statement System
The Environmental Impact Statement System is established in accordance with the requirement of an environmental impact statement under Section 4 of Presidential Decree No. 1151. This requirement applies to all agencies and instrumentalities of the national government, including government-owned or controlled corporations, as well as private corporations, firms, and entities that propose projects and undertakings with significant impacts on the environment.
Section 3.
The Minister of Human Settlements or his designated representative is authorized to determine the Lead Agency responsible for preparing the necessary environmental impact statements for declared environmentally critical projects and areas, as specified in Section 4 of Presidential Decree No. 1151.
All Environmental Impact Statements must be submitted to the National Environmental Protection Council for review and evaluation.
Section 4.
The President of the Philippines may, on
his own initiative or upon Projects. Recommendation of the National Environmental Protection Council, proclaim certain projects, undertakings, or areas in the country as environmentally critical. No person, partnership, or corporation shall undertake or operate any such declared environmentally critical project or area without first obtaining an Environmental Compliance Certificate issued by the President or his authorized representative. To properly manage the aforementioned critical projects or areas, the President may reorganize government offices, agencies, institutions, corporations, or instrumentalities by proclamation and may also realign personnel and assign specific functions and responsibilities. Additionally, the Ministry of Human Settlements shall: (a) prepare appropriate land or water use patterns for said critical project(s) or area(s); (b) establish environmental quality standards; (c) develop a program of environmental enhancements and protective measures against disasters such as earthquakes, floods, water erosion, etc.; and (d) carry out othe
tasks as directed by the President.
Environmentally Non-Critical Projects. All other projects,
Section 5.
Undertakings and areas not declared by the Presidents as environmentally critical shall be considered as non-critical and shall not be required to submit an environmental impact statement. The National Environmental Protection Council, thru the Ministry of Human Settlements may however require non-critical projects and undertakings to provide additional environmental safeguards as it may deem necessary. Section 6. Secretariat. The National Environmental Protection Council is hereby authorized to constitute the necessary secretariat which will administer the Environmental Impact Statement System and undertake the processing and evaluation of environmental impact statement.
Section 7. The Ministry of Human Settlements has the power to offer management and financial aid to government offices and instrumentalities under its supervision, as mentioned in this Decree. This assistance can be funded from the ministry's current budget or through budgetary augmentation at the discretion of the Minister of Human Settlements.
Section 8. Rules and Regulations.
The National Environmental Protection Council will utilize the National Pollution Control Commission as an implementing body to enforce this Decree. The Council will release the required rules and regulations in line with the powers and duties entrusted to the Commission under P.D. No. 984.
Section 9. Violation of Section 4 of this Decree, the terms and conditions of the Environmental Compliance Certificate, or the standards, rules, and regulations issued by the National Environmental Protection Council will result in either suspension or cancellation of the violator's certificate. Alternatively, a fine not exceeding fifty thousand pesos (50,000.00) may be imposed for each violation at the discretion of the National Environmental Protection Council.
Section 10. The Environmental Revolving Fund consists of penalties imposed in Section
9 as well as other penalties authorized by the National Pollution Control Commission under P.D.
The amount of 984 shall be automatically allocated to an Environment Revolving Fund, which is exempted from P. D. 711 and P. D. 234.
The fund is intended to provide support solely for the operations of the National Environmental Protection Council and the National Pollution Control Commission in implementing this Decree. The Ministry of Human Settlements will establish and propose regulations for utilizing this fund, which will subsequently be approved by the President.
Section 11. Repealing Clause. The inter-agency Advisory Council of the National Pollution Control Commission, established in Section 4 of P.D.,
The National Environmental Protection Council now assumes and exercises the powers and responsibilities previously held by 984.
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