GUIDELINES IN THE IMPLEMENTATION OF THE SEP CLEARANCE SYSTEM
to Rule IV, particularly Section 20 of the Amended Rules and Regulations
Implementing the Strategic Environment Plan (SEP) for Palawan Act,
Presidential Decree 1586 and its Revised Implementing Rules and
Regulations embodied in DENR DAO No. 96-37, the Memorandum of Agreement
entered into by and between DENR and PCSD on December 29, 1994, and
other pertinent laws and procedures in securing clearance from PCSD in
relation to proposed projects and undertakings for implementation in
Palawan is hereby promulgated, as follows: I
SECTION 1. Scope of Application . — These guidelines
shall apply to all projects and undertakings to be implemented in
Palawan and shall serve as guide for all government instrumentalities
mandated to issue permits, licenses, contracts, or agreements and other
similar instruments.
SECTION 2. Definition of Terms . — For the purpose of these guidelines, the following words and phrases shall have the following meaning:
1. Certificate of Non-Coverage. — refers
to the document issued by DENR stating that the proposed project is not
covered by the Philippine Environmental Impact Statement System,
therefore, the proponent is not required to secure an ECC prior to
commencement of operation.2. Compliance Monitoring — refers to the
activity identified to gauge the proponent’s level of compliance with
the conditions stipulated in the ECC, the authorization issued by PCSD
and the submitted EIS or IEE.3. DAO 96-37 — refers to the DENR
Administrative Order revising DAO No. 21, series of 1992 and
strengthening the implementation of the Philippine EIS System
established under Presidential Decree (PD) 1586.4. DENR — refers to the Department of
Environment and Natural Resources, an executive department of the
Philippine Government tasked to implement environmental and natural
resources laws and policies and to supervise related projects as
mandated under Executive Order 192, series of 1987.5. ECAN — refers to the Environmentally
Critical Areas Network, a graded system of protection and development
control over the whole of Palawan, including its tribal lands, forests,
mines, agricultural areas, settlement areas, small islands, mangroves,
coral reefs, seagrass beds, and the surrounding sea which serves as the
main strategy of the Strategic Environmental Plan for Palawan.6. ECAN Board — a local multisectoral
body created as an advisory body to the local government unit, purposely
to assist in: developing plans and programs to implement the ECAN at
the municipal level; protecting the environment and managing the
sustainable utilization of natural resources in the local areas;
ensuring compatibility of development projects with ECAN zones and local
environmental conditions through project screening and monitoring;
facilitating the flow of activities, documents and decision-making
processes related to the efficient and effective implementation of ECAN.7. Environmental Compliance Certificate (ECC)
— refers to the document issued by the DENR Secretary or the Regional
Executive Director certifying that based on the representations of the
proponent and the prepares, as reviewed and validated by the Environment
Impact Assessment Review Committee (EIARC), the proposed project or
undertaking will not cause a significant negative environmental impact;
that the proponent has complied with all the requirements of the EIS
System; and that the proponent is committed to implement its approved
Environmental Management Plan in the Environmental Impact Statement or
mitigation measures in the Initial Environmental Examination.8. Environmentally Critical Area — refers
to an area that is environmentally sensitive and is listed under
Presidential Proclamation No. 2146 Series of 1981, as well as other
areas which the President of the Philippines may proclaim as
environmentally critical in accordance with Section 4 of PD 1586.9. Environmentally Critical Project —
refers ta a project that has a high potential for significant negative
environmental impact and is listed as such under Presidential
Proclamation No. 2146 series of 1981, Presidential Proclamation No. 803,
series of 1996, as well as other projects which the President may
proclaim as environmentally critical in accordance with Section 4 of PD
1586.10. Environmental Impact Assessment (EIA) —
refers to the process of predicting the likely environmentally
consequences of implementing project or undertaking, and designing
appropriate preventive, mitigating and enhancement measures.11. Environmental Impact Statement/Study (EIS)
— refers to the document required to be submitted by the project
proponent whose proposed project or undertaking is classified as an
Environmentally Critical Project (ECP). The contents of the EIS shall
conform with the requirements of Section 9.0, Article III of DAO 96-37.12. Environmental Impact Statement (EIS) System
— refers to the entire process of organization, administration and
procedures institutionalized for the purpose of assessing the effects of
any project or undertaking on the quality of the physical, biological
and socio-economic environment, and designing appropriate preventive,
mitigating and enhancement measures pursuant to Presidential Decree
1586.13. Evaluation Committee — refers to the
body of experts from various fields, to be created by PCSD, whose main
task is to assist PCSD in evaluating EIS and other documents.14. Initial Environmental Examination (IEE)
— refers to the document generally required to be submitted by the
proponent whose project or undertaking is located within an ECAN. The
contents of the IEE should conform to the requirements of Section 19.0,
Article III of DAO 96-37.15. Initial Environmental Examination (IEE) Checklist Report
— refers to a simplified form developed by the DENR to assist
proponent/s of small project/s in complying with the EIS System. The
Report, to be accomplished and submitted before undertaking a project,
consists of a series of questions that deal with issues and concerns
under the EIS System.16. Non-government Organization (NGO) — a
private, non-profit voluntary organization that has been organized
primarily for the delivery of various services to the communities and
has an established tract record for effectiveness and acceptability in
the community where it is serving..17. PCSD — refers to the Palawan Council
for Sustainable Development, the administrative body responsible for the
governance, implementation and policy direction of the SEP, as provided
in Section 16, Chapter V of RA 7611.18. PCSDS — refers to the PCSD Staff, the regular professional staff supporting PCSD as provided in Section 16, Chapter V of RA 7611.
19. Peoples Organization (PO) — a bonafide
association of citizens with demonstrated capacity to promote the public
interest and with identifiable leadership, membership and structure.
Its members belong to a sector/s who voluntarily band themselves
together to work by themselves for their own upliftment, development and
greater good.20. Permitting Agency (PA) — refers to any
agency or instrumentality of the Government, such as (Bureau of
Fisheries and Aquatic Resources, DENR, LGU, etc.) which is mandated or
authorized to issue ECC, permit, license or enter into lease agreement,
stewardship contracts or other similar instruments for the development,
exploitation, management and monitoring of Palawan’s natural resources.21. Project — refers to activities,
including actions, programs, policy or undertaking, regardless of scale
or magnitude, which may have significant impact on the environment.22. Project Proponent — refers to any
entity, private or government organizations, persons or owners/agents,
planning or intending to undertake a project.23. Public Hearing/Public Consultation —
refers to the activity undertaken by PCSD to gather facts and thresh out
all issues, concerns and apprehensions and at the same time provide the
project proponent with the opportunity to present the project to the
affected community.
SECTION 3. Screening Process. — The proponent who
intends to implement a project in Palawan shall secure a clearance from
the PCSD in the form of an Authorization, Letter of Accreditation or
Prior Informed Consent Certificate and file this application with the
PCSDS. Upon filing, the proponent shall submit a brief project
description, consisting of one or two pages with the following
information:
i. type of project
ii. location and description of the proposed project site
iii. processes and activities to be undertaken under the project
Based on the submitted brief project description, the PCSDS shall
initially determine the necessary documents for securing PCSD clearance
based on the herein attached list of requirements for each type of
project. Thereafter, the PCSDS shall inform the proponent to submit
thereof the required documents.
SECTION 4. Initial Evaluation Procedure — Upon
receipt of the required document, the PCSDS shall review the contents
thereof in terms of data sufficiency and accuracy. In cases where the
documents are complete and the information contained therein are
adequate, field validation shall be undertaken accordingly. However, in
cases where the date embodied in the documents are substantially
inadequate, the proponent shall be required to submit additional
information before field evaluation shall be undertaken.
SECTION 5. Evaluation Criteria . — Evaluation of the
proponent’s application by the PCSDS shall be based on the ECAN Zoning
of Palawan and the ecological sustainability, social acceptability and
economic viability of the project.
SECTION 6. Public Consultation/Hearing — For projects
or undertakings requiring an EIS, the PCSDS may conduct public
consultation or public hearing if deemed necessary in order to ascertain
the acceptability of the project in the community and to ensure that
the interests of all stakeholders are considered. Whenever any or all of
the following circumstances are present, public consultation/hearing is
necessary:
i. The magnitude of the project is such that a great number of people are affected.
ii. There is mounting public opposition against the proposed project; or
iii. There is written request for the conduct of such public hearing from any of the stakeholders
SECTION 7. Report Preparation . — After the field
validation, the PCSDS shall prepare an evaluation report which shall
contain the results of the evaluation process and the recommendations
regarding possible endorsement or denial of the proposed project. The
report shall be submitted to the PCSD for review.
SECTION 8. Further Evaluation — In cases where
further evaluation is necessary as determined by PCSD, it may refer the
project to an Evaluation Committee. The recommendation of said committee
shall be submitted to the PCSD for its review.
SECTION 9. Independent Evaluation by DENR — The
evaluation undertaken by PCSD shall not in any way prejudice the
independent evaluation that the DENR may undertake of the project. The
PCSDS evaluation shall become a support mechanism that shall be
integrated with the DENR procedures in the implementation of the
Philippine EIS System in Palawan.
SECTION 10. Review of PCSD. — The PCSD during meetings
shall judiciously review the evaluation report and the recommendations
and subsequently come up with a consensus regarding the status of the
project.
SECTION 11. Issuance of Clearance by the PCSD . —
Subject to the final review of the PCSD, the recommendations of the
PCSDS may be affirmed or controverted. In any case, the PCSD through its
Chairman shall issue either of the following forms of clearance
depending upon the type of project: (1) an authorization for the DENR to
proceed with the processing of the ECC, processing of the certificate
of non-coverage, permits, licenses, lease agreements and other similar
instruments being issued by DENR; 2) a letter of accreditation and prior
informed consent certification; or 3) letter of denial. The
authorization together with the evaluation reports shall be submitted to
the DENR (through the PENRO) as bases for the latter’s subsequent
processing of the aforementioned issuance. On the other hand, the
accreditation and prior informed consent certificate shall be given to
the proponent. If the project is denied, a letter of denial shall be
sent to the proponent informing him of the reason for denial. The
proponent may submit to PCSD a written appeal for reconsideration. If
the appeal in reversed, the PCSD shall issue either the aforementioned
authorization or letter of accreditation and prior informed consent. The
decision of the PCSD on appeal shall be considered final and executory.
SECTION 12. Issuance of Permit, Licenses, ECC’s, Lease Agreements, and Other Similar/Instruments
— Upon receipt of the authorization issued by the PCSD, the DENR shall
either proceed with the processing of the ECC, issue a certification of
non-coverage, permit, license, lease agreements or other similar
instruments depending upon the instrument being secured by the
proponent.
For projects requiring an ECC prior to the issuance of a permit, the
concerned permitting agency shall not issue a permit without the
required ECC. Similarly, the DENR shall not issue an ECC without the
authorization issued by PCSD.
SECTION 13. Copies of Permit/License/ECC/Lease Agreement and Other Similar Instruments.
— The PCSD shall be furnished with copies of the ECCs certificate of
non-coverage, permits, licenses, lease agreements or other similar
instruments issued by concerned agencies.
SECTION 14. Creation of Monitoring Team. — In every
municipality, a Multipartite Monitoring Team (MMT) shall be organized by
the LGU, with the assistance of PCSDS to monitor compliance of project
proponents to the terms and conditions of the ECC, the authorization
issued by the PCSD, as well as the mitigating measures embodied in the
submitted EIS or IEE. In areas where similar bodies have been organized,
such group shall be strengthened to perform the functions of the MMT.
SECTION 15. Composition of MMT. — The MMT’s shall be
composed of representatives from DENR, LGU, POs, NGOs and other entities
whose functions relate to the development, protection, conservation,
management and monitoring of Palawan’s natural resources. Said MMT’s
shall operate under the supervision of the ECAN Board of similar body
recognized by the PCSD.
SECTION 16. Responsibility of MMT. — Aside from
conducting monitoring activities in accordance with Section 14 of this
guidelines, the MMT shall submit to PCSDS regular monitoring reports
regarding the outcome of its monitoring activities, which will be the
bases of the latter’s action.
SECTION 17. Period of Evaluation, Review and Approval. —
The period of evaluation, review and approval process of the proposed
project under this guidelines, shall not exceed 45 days, for projects
requiring an IEE, or 75 days, for projects requiring EIS, from receipt
of the complete set of required documents containing sufficient
information necessary for evaluation, as determined by PCSDS. Proposals
with insufficient requirements shall not be accepted.
SECTION 18. Penalty . — The PCSD shall impose the
sanctions provided below, when after due notice and hearing the
proponent is found to have committed any of the following:
a. For violation of the terms and conditions of the ECC
and/or the authorization issued by the PCSD, the PCSD may call the
attention of the permitting agency to suspend the operation of the
project or cancel the issued permit or directly suspend or terminate the
project and impose the fine of fifty thousand pesos (P50,000) per
violation;b. For operating without the SEP clearance as herein
prescribed, the PCSD shall impose a fine of fifty thousand pesos
(P50,000).
SECTION 20. Effectivity . — These guidelines shall take
effect 30 days following its complete publication in local newspaper of
general circulation in Palawan.
Adopted: 25 Feb. 2000
(SGD.) ALFREDO E. ABUEG, JR.
Deputy Speaker, House of Representatives
Chairman, PCSD