Presidential Proclamation of Environmentally Critical Areas and Projects. The

You might also like

Download as docx, pdf, or txt
Download as docx, pdf, or txt
You are on page 1of 10

A.

Environmental Impact Assessment System


1. The rationale of the EIA is creating a balance between economic growth and
environmental protection. It establishes a system or a process where all agencies of the
government including private corporations to predict the likely environmental
consequences of every project they will undertake and provide for an appropriate
preventive measures on how to alleviate these consequences as not to affect the quality of
the environment and the well-being of the people.
2. Legal framework of EIA in the Philippines
PD 1586 Environmental Impact Assessment Law
o Sec 1 - It is hereby declared the policy of the State to attain and maintain a
rational and orderly balance between socio-economic growth and
environmental protection.
IRR for the Philippine Environmental Impact Statement System.
o DENR DAO 92-21 Devolution of the EIS to the EMB Regional Offices.
o DENR DAO 96-37 - Revising DAO 21 and Further Stregthen the EIS System.
o AO 300 - Further Strengthen the Philippine EIA System and Clarifying
Authority to Grant/Deny ECC.

o AO 42 - Rationalizing the Implementation of the EIS System and Granting


Authority to the EMB Director and Regional Directors

o DAO 03-30 - IRR of the Philippine EIS System.


3. Provisions
a. Section 2. Environmental Impact System. There is hereby established an
Environmental Impact Statement System founded and based on the environmental
impact statement required, under Section 4 of PD No. 1151, of all agencies and
instrumentalities of the national government, including GOCCs, as well as private
corporations, firms and entities, for every proposed project and undertaking which
significantly affect the quality of the environment.
Section 4. Presidential Proclamation of Environmentally Critical Areas and Projects. The
President of the Philippines may, on his own initiative or upon recommendation of the
National Environmental Protection Council, by proclamation declare 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 securing an Environmental Compliance Certificate issued by
the President or his duly authorized representative. For the proper management of said
critical project or area, the President may by his proclamation reorganize such
government offices, agencies, institutions, corporations or instrumentalities including the
re-alignment of government personnel, and their specific functions and responsibilities.
For the same purpose as above, the Ministry of Human Settlements shall: (a) prepare
the proper land or water use pattern for said critical project(s) or area (s); (b) establish
ambient environmental quality standards; (c) develop a program of environmental
enhancement or protective measures against calamitous factors such as earthquake,
floods, water erosion and others, and (d) perform such other functions as may be
directed by the President from time to time.

b. The provisions show that in order to achieve the balance between socio-economic
growth and environmental protection, each project should look into the possible
environmental consequences and require the respective government agencies to
develop programs of preventive measures and implement rules and regulations to
pursue the project in one hand and protect the environment in the other, hence,
establishing a sustainable development for the welfare of all the people.
4. The level of social acceptability of the EIA system has been made possible through the
conduct of public consultation, public hearings, alternative dispute and conflict resolution
procedures, and posting or publishing public notices to disseminate project information.
LGUs also play a big role in accordance with this policy to help in bringing together the whole
community for public involvement. The government should exert more effort to achieve this
strategy because its the welfare of the people who will be affected by the project.

B. Climate Change Act

1. SECTION 11. Framework Strategy and Program on Climate Change.The


Commission shall, within six (6) months from the effectivity of this Act,
formulate a Framework Strategy on Climate Change. The Framework shall
serve as the basis for a program for climate change planning, research and
development, extension, and monitoring of activities to protect vulnerable
communities from the adverse effects of climate change.
The Framework shall be formulated based on climate change vulnerabilities,
specific adaptation needs, and mitigation potential, and in accordance with
the international agreements.
SECTION 12. Components of the Framework Strategy and Program on
Climate Change.The Framework shall include, but not limited to, the
following components:
(a) National priorities;
(b) Impact, vulnerability and adaptation assessments;
(c) Policy formulation;

(d) Compliance with international commitments;


(e) Research and development;
(f) Database development and management;
(g) Academic programs, capability building and mainstreaming;
(h) Advocacy and information dissemination;
(i) Monitoring and evaluation; and
(j) Gender mainstreaming.
SECTION 13. National Climate Change Action Plan. The Commission shall
formulate a National Climate Change Action Plan in accordance with the
Framework within one (1) year after the formulation of the latter.
The National Climate Change Action Plan shall include, but not limited to, the
following components:
(a) Assessment of the national impact of climate change;
(b) The identification of the most vulnerable communities/areas, including
ecosystems to the impacts of climate change, variability and extremes;
(c) The identification of differential impacts of climate change on men, women
and children;
(d) The assessment and management of risk and vulnerability;
(e) The identification of GHG mitigation potentials; and
(f) The identification of options, prioritization of appropriate adaptation
measures for joint projects of national and local governments.

SECTION 14. Local Climate Change Action Plan.The LGUs shall be the
frontline agencies in the formulation, planning and implementation of climate
change action plans in their respective areas, consistent with the provisions of
the Local Government Code, the Framework, and the National Climate
Change Action Plan.
Barangays shall be directly involved with municipal and city governments in
prioritizing climate change issues and in identifying and implementing best
practices and other solutions. Municipal and city governments shall consider
climate change adaptation, as one of their regular functions. Provincial
governments shall provide technical assistance, enforcement and information
management in support of municipal and city climate change action plans.
Inter-local government unit collaboration shall be maximized in the conduct of
climate-related activities.
LGUs shall regularly update their respective action plans to reflect changing
social, economic, and environmental conditions and emerging issues. The
LGUs shall furnish the Commission with copies of their action plans and all
subsequent amendments, modifications and revisions thereof, within one (1)
month from their adoption. The LGUs shall mobilize and allocate necessary
personnel, resources and logistics to effectively implement their respective
action plans.
The local chief executive shall appoint the person responsible for the and
implementation of the local action plan.
It shall be the responsibility of the national government to extend technical
and financial assistance to LGUs for the accomplishment of their Local
Climate Change Action Plans.
The LGU is hereby expressly authorized to appropriate and use the amount
from its Internal Revenue Allotment necessary to implement said local plan
effectively, any provision in the Local Government Code to the contrary
notwithstanding.

2. Local Climate Change Action Plan


a. Assessment of local impact on climate change.
Butuan City sits below sea level and is vulnerable to flooding. All the water
from Davao, Compostela Valley and Agusan del Sur empty into Butuan
Bay through the Agusan River. Butuan City has a history of drastic floods
due to typhoons and non-stop heavy rains and this has been continuing to
happen each year.
b. The identification of the most vulnerable communities/areas, including
ecosystems to the impacts of climate change, variability and extremes.
At present, there are still numerous households along the river banks of
Agusan River and they are mostly the first areas that get affected during
floods caused by the rapid rise of the water in the river. Part of the Agusan
River sits in the middle of the city making some areas in downtown Butuan
also vulnerable to flood when the water level of the river rises rapidly.
There are also communities living near the areas of Butuan Bay which will
make them vulnerable to storm surges due to extreme weather conditions
such as extreme typhoons and tropical storms.
c. The identification of differential impacts of climate change on men, women
and children.
Human security is one of the main purposes of creating a climate change
action plan to reduce risks of men, women and children from disasters.
During disasters such as floods, people in the areas affected are prone to
acquiring disease and illnesses, especially children and the elderly.
d. The assessment and management of risk and vulnerability
In the history of calamities in Butuan caused by floods, the major areas
that were affected are the neighborhoods near the river and the areas in

downtown. There must be an increase of resilience in these areas which


are the most vulnerable during high floods.
e. The identification of GHG mitigation potentials.
The impact of the high emission of greenhouse gases influences the
potential occurrence of higher temperature. In Butuan, although there are
lesser factories and industries as compared to other neighboring big cities,
we still need to prevent and reduce the build-up of greenhouse gas
emissions which is one of the contributing factors to climate change. Treeplanting, improvement of eco-parks and anti-smoke belching ordinance
are highly encouraged.
f. The identification of options, prioritization of appropriate adaptation
measures.
For adaptation measures for floods caused by typhoons, there must be an
improvement of the drainage systems, de-clogging of canals and drainage,
proper waste disposals and improving solid waste collection. Tree planting
in watershed and along the rivers and creeks is highly encouraged, too.
For the protection of people in vulnerable areas, there must be a relocation
of households to a safer resettlement sites.
During these calamities, there must be a sufficient supply of clean water,
foods, medicines and source of energy.
C. Disaster Risk Reduction and Management Act
a. Policies in the Disaster Risk Reduction and Management Act
Adopt a disaster risk reduction and management approach that is holistic,
comprehensive, integrated, and proactive in lessening the socioeconomic and
environmental impacts of disasters including climate change, and promote the
involvement and participation of all sectors and all stakeholders concerned, at all
levels, especially the local community;

Develop, promote, and implement a comprehensive National Disaster Risk


Reduction and Management Plan (NDRRMP) that aims to strengthen the capacity of
the national government and the local government units (LGUs), together with
partner stakeholders, to build the disaster resilience of communities, and' to
institutionalize arrangements and measures for reducing disaster risks, including
projected climate risks, and enhancing disaster preparedness and response
capabilities at all levels;

Recognize and strengthen the capacities of LGUs and communities in mitigating and
preparing for, responding to, and recovering from the impact of disasters;

Develop and strengthen the capacities of vulnerable and marginalized groups to


mitigate, prepare for, respond to, and recover from the effects of disasters;

Provide maximum care, assistance and services to individuals and families affected
by disaster, implement emergency rehabilitation projects to lessen the impact of
disaster, and facilitate resumption of normal social and economic activities.

b. Institutions that have roles in risk reduction and management


National Disaster Risk Reduction and Management Council (NDRRMC)
o One of the main responsibilities of NDRRMC among others is to
develop

NDRRM

comprehensive,

Framework

all-hazards,

community-based

approach

which

shall

multi-sectoral,
to

disaster

provide

inter-agency

risk

reduction

for
and
and

management.
Regional Disaster Risk Reduction and Management Council (RDRRMC)
o Carry out coordination, integration, supervision, monitoring and
evaluation functions covering Regional Council Member Agencies
and the LDRRMC. The RDRRMC shall also be responsible in
ensuring risk-sensitive regional development plans, and in case of
emergencies, shall convene the different regional line agencies and
concerned institutions and authorities.
Office of the Civil Defense

o The OCD is entrusted to ensure the protection and public welfare


during disasters or emergencies. It serves as the operating arm of
the National Disaster Coordinating Council (NDCC), supporting
discharge of its functions.
National Disaster Coordinating Council (NDCC); Regional Disaster
Coordinating Council (RDCC); and Local Disaster Coordinating Council
(LDCC)
o It is the highest policy-making body on matters of disasters in
the country. NDCC advises the President on efforts in disaster
management undertaken by the government and the private
sector, thereby serving as the highest policy-making body on
disaster management. The NDCC is replicated at the regional
and local levels, and these bodies function substantially like the
NDCC, operating and utilizing resources at their respective
levels.
Sectoral Government Agencies (e.g. DPWH, DOTC, DOST, DA, DOE,
DENR, etc.)
o Responsible for carrying out their respective tasks and
responsibilities in disaster management including preparedness,
mitigation, responseand rehabilitation.
Philippine Institute for Development Studies; Klima/Manila
Observatory; Bicol University; Economy and Environment Program for
Southeast Asia (EEPSEA)
o Research (basic and applied) on disaster related issues.
LGUs
o Implement disaster risk reduction and management projects at
the ground
DepEd
o The DepEd has put DRR topics as part of the curricula for
primary and secondary public schools.
PAGASA and PHIVOLCS
o PAGASA and PHIVOLCS are the countrys warning agencies
under the DOST. Both are service institutes, as differentiated
from purely research and development institutes. PHIVOLCS
operates and maintains a system of monitoring for earthquake
occurrences, tsunami detection, volcanic eruption while PAGASA
has one for weather, hydrological phenomena, and climate
variability. The Philippine Nuclear Research Institute (PNRI) looks
after the issuance of advisories on radioactive fallouts,
contamination and radiation accidents to the public, as well as
decontamination of areas impacted by radiation.
DENR

The countrys environmental impact assessment (EIA) system


has been in place since 1970s. The Department of
Environmental and Natural Resources (DENR) oversees its
implementation to ensure that hazards and risks are taken into
account in siting development projects.

DPWH
o The Department of Public Works and Highways (DPWH) prepares
and identifies evacuation sites during emergencies; provides
warning on impending water releases from dams within its
control; provides transportation and communication facilities for
disaster operations, and heavy and light equipment for rescue
and recovery operations.
DILG
o Among the DRR functions of the Department of Interior and
Local Government (DILG) is to oversee the organization and
activation of the LDCCs in coordination with the OCD.
DSWD
o The Department of Social Welfare and Development (DSWD) has
several functions that pertain mainly to relief and rehabilitation.
DOH
o The Department of Health has an organized Health Emergency
System (HEMS) for more responsive and integrated health
response to disasters and emergencies. It also assists LGUs
during emergencies in the areas of sanitation, public health
concerns, prevention of epidemics, and other health hazards.
DOF and DBM
o The Department of Finance issues rules and regulations jointly
with the Department of Budget and Management on the
preparation of local government budget and the utilization of the
5% reserve for disaster operations.
DA
o The Department of Agriculture undertakes post-event
agricultural surveys and maintains data on agricultural crops,
livestock, and fisheries in disaster-prone areas to facilitate
damage assessment.
DOTC
o The Department of Transportation and Communication (DOTC)
coordinates the deployment of transport services during and
after disaster occurrence from the national to the local DCC,
mobilizes staff, transport and communication facilities of the
DOTC Action Center in the disaster area, and initiates immediate
restoration of destroyed infrastructure facilities for
transportation and communication.
National Defense

The Department of National Defense (DND) provides the budget


for activities to be undertaken by the NDCC Technical Working
Group.

You might also like