Environmental impact assessment is part of project planning and is Conducted to identify and evaluate important environmental consequences and social factors that should be incorporated into project design and operations.

A project is any undertaking that goes through a process and produces outputs or results. 
A project needs to acquire an Environmental Compliance Certificate (ECC) if it is either:  
An Environmentally Critical Project (ECP) 
A project that will most likely have high risk or negative environmental impact. 
A Project in Environmentally Critical Area (ECA) 
An area which is ecologically, socially, or geologically sensitive. 
These projects need to be studied and reviewed through the EIS System.  If the project is large and known by experience to create major stresses or pose risks to the environment and people, it should also be intensively studied through an Environmental Impact Assessment (EIA). 
After a thorough and open review of the project studies and plans, which are submitted by the project proponent, an Environmental Compliance Certificate or an ECC may be issued by the Secretary of the DENR or its Regional Executive Director. 
The ECC is the document that will signal that a project
can be started because its environmental impact can be adequately addressed and managed.

An Environmental Impact Statement or EIS contains the assessment of the most likely impact of the project on the environment and on the people in areas to be affected by the project.   More importantly, the EIS provides an Environmental Management Plan, which lays out measures to prevent or minimize damage and alleviate the foreseen negative effects of the project on the natural environment or on the lives of people around it.

Major Sections of the Environmental Impact Statement

1. Project Description - Project information, location, rationale, alternatives and phases of implementation (from pre-operational, operational up to abandonment phase)

2. Baseline Environmental Conditions for land, air, water and people

3. Impact Assessment and Mitigation - Identification, prediction and evaluation of impact; an analysis of future environmental conditions with and without the project

4. Environmental Management Plan - Measures for mitigation and enhancement; environmental monitoring; information, education and communication; institutional arrangements and costs to implement the plan

5. Proposal for an Environmental Monitoring Fund and, if required, an Environmental Guarantee Fund

Attachments or Annexes: List of EIS preparers; Accountability Statements of EIS preparers and proponent; Process documentation reports; Maps and photos of project site and impact areas.

Specific chapters in the Environmental Impact Statement, as well as in the Environmental Management Plan. Should include the impact of the project on:

• Indigenous people, if the project is located in ancestral lands or domains of these people, and affects their lives and culture;

• Women and consideration of gender issues, such as women's access to the land, water and fuel to meet their families' basic needs; and

• Population and its relationship with the resources, development and environment, for instance, if a significant increase in population will put pressure on the resources.

Only accredited individuals, offices or organizations are allowed to do EIA and write or prepare Environmental Impact Statements (EIS) or Initial Environmental Examinations (IEE).  This is to ensure that only qualified, competent and credible persons will conduct and integrate the studies required in the EIS or IEE.

DENR personnel are prohibited from participating in the preparation of the EIS or IEE, except in their mandated functions to provide guidance to proponents.

The Environmental Management Bureau (EMB) and DENR Regional Offices are empowered to accredit individuals or organizations to be EIS and IEE preparers.

Individuals will be accredited as associate or full environmental professionals and/or EIS team leaders based on their academic degree and experience.  The environmental professionals can be EIA team members, while the team leader coordinates the group preparing the EIS.  An IEE, on the other hand, can be prepared by an associate environmental professional.

Public or private offices, which are going to conduct an EIA or prepare an EIS or IEE should also be accredited.  These can be firms or offices whose main line of work is to conduct EIA or environmental monitoring and evaluation.  These can also be the environmental units of government agencies and banks, or government-owned or controlled corporations.

Accreditation can also be withdrawn by EMB or the DENR Regional Office if the EIS/IEE preparers acted against professional ethics, violated their statement of accountability for the EIS/IEE, or other specific grounds for withdrawal of accreditation, which are further specified by DENR.

The proponent and the EIS/IEE preparers are jointly responsible for the truth, accuracy and completeness of the EIS or IEE.  Thus, they shall sign Accountability Statements attached to the EIS or IEE, by which they are bound to provide all the necessary information for a complete, reliable and valid EIS/IEE.  Through these statements, the proponent and EIS/IEE preparers also promise to bring new information that can change the validity of findings or conclusions of the EIS/IEE, to the attention of the DENR.

Adequate and appropriate information in the EIS or IEE are crucial for proponents and DENR to develop good plans and measures to prevent serious environmental damage such as mudslides or contamination of water sources.  These may occur even when the project is already being implemented or has been completed.

The proponent and EIS/IEE preparers can be charged administratively or even criminally if they are found to have provided misleading or false information in the EIS or IEE; if they have misrepresented any of their findings; or if they have omitted important information.

An initial review of the EIS or IEE is done by EMB or DENR Regional EMPAS staff to make sure that the submitted documents is complete and its inforamtion is organized and presented in the appropriate order.

The EMB or Regional EMPAS staff will NOT accept the EIS/IEE document for review if it is incomplete or not adequately organized.  This means that the clock for the review process will start ticking only when the adequate EIS or IEE has been submitted.

The substantive review of an EIS is done by an EIA Review Committee or EIARC, which is convened within 15 days after the complete EIS document is accepted by EMB.

The EIARC is formed from a pool of academic, scientific or technically trained professional in the natural, physical and social sciences, who are  prepared to evaluate various aspects of the EIS.

The EIARC will review the EIS in-depth and evaluate each item and the whole report if the results and plans presented are valid and acceptable.  The EIARC will also refer to the Scoping Report for the issues and alternatives to be examined, which were agreed on with the proponent at the start of the EIA.

The EIARC shall call on the proponent and EIS preparers to its meetings to respond to the issues and concerns raised by the reviewers.  Furthermore, the EIARC can conduct on-site investigations, technical tests, and consultations with stakeholders.  It may also request the proponent and DENR to call for a Public hearing, if this is crucial to their evaluation, specially of the projects social acceptability.

Based on the substantive review, the EIARC will make a recommendation regarding the issuance of an ECC to the EMB Director, who in turn, after his/her own review, will give a recommendation to the DENR Secretary.

The DENR Regional Environmental Management and Protected Areas Sector (EMPAS) is in charge of reviewing the IEE.  The EMPAS reviews the IEE to see if it has provided sufficient, appropriate and accurate information of the project and its impact.  The review will also look into whether the Environmental Management Plan sufficiently responds to the foreseen negative impact or risks.

If needed, the EMPAS can constitute a technical review team from staff of the DENR Regional Office to evaluate the IEE.  The team may also invite experts from the academe, other agencies and EIA practitioners to serve as resource persons.

The EMPAS may, moreover, decide to conduct on-site visits and investigations or hold public consultations with affected communities and the concerned local governments units.   These should be coordinated through the DENR Provincial or Community Environment and Natural Resources Officers (PENROs and CENROs), of the provinces and municipalities wherein the project is located.

The EMPAS recommendation is submitted to the Regional Executive Director who makes the decision to grant or deny the issuance of an ECC for the project.

As soon as it starts construction or at the very first phase of implementation, the project is monitored if it adheres to its Environmental Management Plan that was approved as part of the ECC, and if it follows other conditions included in the ECC.  The Environmental Management Plan guides the project implementers in ensuring environmental soundness in all project phases:  from pre-operating or construction phase all the way to rehabilitation or restoration after project operation is completed or ended.

For a project granted an ECC based on an EIS
A Multi-partite Monitoring Team (MMT) should be formed soon after the project's ECC is issued, in time for the project start-up.

Functions of the Multi-partite Monitoring Team (MMT)

• Monitor project compliance with the Environmental Management Plan and conditions in the ECC
• Gather information if damage occurs or public complaints are raised about the project
• Prepare and disseminate the monitoring reports and submit recommendations to the DENR
• Conduct relevant community information and education campaigns regarding the project and its impact on the environment

The core members of the Multi-partite Monitoring Team are: the project proponent; affecte communities and women, through their designated representatives; the relevant local government units (barangay, municipal, or provincial); the DENR Provincila and/or Community Environment and Natural Resources Officers (PENRO/CENRO) in the project areas. Other members may be identified during MMT formation. the DENR Regional Office and the Environmental Management Bureau will provide support to the MMT in technical aspects of evaluation and policy monitoring.

A Memorandum of Agreement (MOA), which will be based on discussion and agreements among the proponent, the various stakeholders, and DENR, will state the composition monitoring of the project.

For a project granted an ECC based on an IEE

The DENR PENRO and/or CENRO in the area of the project's compliance to the ECC and the Environmental Management Plan. The DENR Regional Office and the EMB will also provide the needed technical and logistical support to the PENRO and CENRO.

The Environmental Monitoring Fund (EMF) will be used for the activities of the Multi-partite Monitoring Team (MMT) and other assessment, monitoring and information programs that are part of ensuring compliance to the ECC and the Environmental Management Plan.  The EMF should be established by the proponent as soon as the initial or construction phase of the project is begun.

An Environmental Guarantee Fund or EGF must be set up if the project poses a significant public risk or may entail rehabilitation or restoration of the environment.  In these cases, the establishment of the EGF shall be included in the ECC.

Significant public risk can be presumes if the project uses or handles toxic substances and hazardous wastes; if it extracts natural resources that require rehabilitation or restoration; if there are structures that would endanger life, property and the environment in case of failure; or if it uses processes that cause pollution. These conditions are also defines further in related environmental laws and DENR regulations.

Uses of the Environmental Guarantee Fund

• Immediate rehabilitation of areas affected by damages in the environment or the deterioration of environmental quality, which are direct consequences of the project;

• Just compensation of parties and communities affected negatively by the project;

• Community-based environment-related projects including information, education and preparedness programs; and

• Contingency clean-up activities after spills or accidents.

The amount to be put by the proponent in the EGF will be based on estimates of the needed uses. The EGF can be set up like an insurance or trust fund which can be immediately drawn from when needed. A cash component can also be placed in a bank account for community-based environmental programs like disaster management training and information dissemination.

A Memorandum of Agreement among the proponent, the DENR, the LGUs (up to Barangay level), and representatives from the affected communities shall specify the means to establish, manage, use and account for the EGF.

Public participation in the EIS System is strengthened through:

• Public consultation.  This is held to allow free and open exchange of information and discussion by the proponent and stakeholders.  This is particularly important during scoping and the EIA study and planning stages.
• Public hearing.  This is needed if the project affects a great number of people, if there is mounting concern or opposition to the project, or if there is a request from any stakeholder.  This is facilitated by a hearing officer designated by DENR.
• Alternative dispute or conflict resolution process.  This is used if there are complex issues between the proponent and other stakeholders that remain unresolved and stall the completion of the EIS, or hinder the determination of social acceptability.  Mediation, negotiation or similar methods may be used in a sincere effort to come to a consensus on key issues.
• Public Information.  This is essential for public participation.  A public notice of submission of the EIS or IEE should be posted by the proponent inconspicuous places in the barangay and municipal halls of affected communities.  The stakeholders and public are also notified of any consultations or other meetings regarding the project.  Information about the project should be presented to the communities in the local language.  The proponent shall pay for the costs of public notification

All consultations, hearings, and conflict resolution activities should be clearly and accurately recorded.  These records shall be part of the supporting documents of the EIS.

The EIS or IEE, even while under review, and the ECC are public documents that should be released to concerned parties upon their requests.  The EMB and DENR Regional Offices are responsible for keeping and releasing these documents.

People and communities living or working in areas seen to be affected by a project are the first ones that need to be consulted about the project's impact on their lives. Appropriate attention should be given to the concerns of indigenous people and women who will be affected by the project. Through their designated representatives, they should be able to take part in the decision-making process of the project.

Stakeholders of a project also include: local government units where the project is located up to the barangay level; social institutions, like churches and schools; other government agencies and business entities operating there; non-government and people's organizations working in the area; and other groups that evidently will be affected by the project.

Local government units (LGUs) clearly aim to protect their constituents and the natural riches of their geographical jurisdiction. They can, therefore, fulfill key roles by:

• Helping DENR to disseminate information on and implement the EIS System;

• Helping to bring together the stakeholders among their constituents to participate in the EIS scooping, consultations or other processes in ensuring the project's environmental and social acceptability; and

• Participating as a member of the Multi-partite Monitoring Team for specific projects.

16.How can social acceptability of a project be obtained and documented?

Social acceptability is mot a simple "yes" or "no" vote for the project by which majority wins. It is a resolution of all valid concerns regarding the project, which is done through a series of dialogues, information and negotiation among stakeholders.

If the project is socially acceptable, agreements should be made on what economic and social benefits should go to the communities through their local governments or organizations, up to the barangay level. Other agreements on environmental protection and just compensation in case of damages should also be reached. All these should be made formal through a document, such as a Memorandum of Agreement, which is submitted as part of the EIS/IEE.

Concrete measures and documentation of social acceptability should be included in the EIS/IEE. These may include among others: perception surveys in socio-economic impact analysis; process documentation of consultations and hearings; resolutions by local government units and people's organizations supporting the project; the social development program in the Environmental Management Plan or other negotiated agreements reached among the proponent and other stakeholders.

LIST OF PROJECTS REQUIRES ENVIRONMENTAL CLEARANCE FROM CENTRAL GOVERNMENT.