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PRESIDENTIAL DECREE NO. 1586
PRESIDENTIAL DECREE NO. 1586 -
ESTABLISHING AN ENVIRONMENTAL IMPACT STATEMENT SYSTEM, INCLUDING OTHER
ENVIRONMENTAL MANAGEMENT RELATED MEASURES AND FOR OTHER PURPOSES
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WHEREAS,
the pursuit of a comprehensive and integrated environment protection
program necessitates the establishment and institutionalization of a
system whereby the exigencies of socio-economic undertakings can be
reconciled with the requirements of environmental quality;chanroblesvirtualawlibrary
WHEREAS, the regulatory requirements of environmental Impact Statements
and Assessments instituted in pursuit of this national environmental
protection program have to be worked into their full regulatory and
procedural details in a manner consistent with the goals of the program.
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines,
by virtue of the powers vested in me by the Constitution do hereby
order and declare:cralaw:red
Section 1. Policy. — 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. chanroblesvirtualawlibrary
Section 2. Environmental Impact Statement System. —
There is hereby established an Environmental Impact Statement System
founded and based on the environmental impact statement required, under
Section 4 of Presidential Decree No. 1151, of all agencies and
instrumentalities of the national government, including
government-owned or controlled corporations, as well as private
corporations, firms and entities, for every proposed project and
undertaking which significantly affect the quality of the environment.
Section 3. Determination of Lead Agency. — The
Minister of Human Settlements or his designated representative is
hereby authorized to name the lead agencies referred to in Section 4 of
Presidential Decree No. 1151 which shall have jurisdiction to undertake
the preparation of the necessary environmental impact statements on
declared environmentally critical projects and areas. All Environmental
Impact Statements shall be submitted to the National Environmental
Protection Council for review and evaluation.
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 calamituous 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.
Section 5. Environmentally Non-Critical Projects. —
All other projects, undertakings and areas not declared by the
President 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 statements.
Section 7. Management and Financial Assistance. — The
Ministry of Human Settlements is hereby authorized to provide
management and financial support to government offices and
instrumentalities placed under its supervision pursuant to this Decree
financed from its existing appropriation or from budgetary augmentation
as the Minister of Human Settlements may deem necessary.
Section 8. Rules and Regulations. — The National
Environmental Protection Council shall issue the necessary rules and
regulations to implement this Decree. For this purpose, the National
Pollution Control Commission may be availed of as one of its
implementing arms, consistent with the powers and responsibilities of
the National Pollution Control Commission as provided in P.D. No. 984.
Section 9. Penalty for Violation. — Any person,
corporation or partnership found violating Section 4 of this Decree, or
the terms and conditions in the issuance of the Environmental
Compliance Certificate, or of the standards, rules and regulations
issued by the National Environmental Protection Council pursuant to
this Decree shall be punished by the suspension or cancellation of
his/its certificate or and/or a fine in an amount not to exceed Fifty
Thousand Pesos (P50,000.00) for every violation thereof, at the
discretion of the National Environmental Protection Council. chanroblesvirtualawlibrary
Section 10. Environmental Revolving Fund. — Proceeds
from the penalties prescribed in the preceding Section 9 and other
penalties imposed by the National Pollution Control Commission as
authorized in P.D. 984, shall be automatically appropriated into an
Environment Revolving Fund hereby created as an exemption to P.D. 711
and P.D. 1234. The fund shall be used exclusively for the operation of
the National Environmental Protection Council and the National
Pollution Control Commission in the implementation of this Decree. The
rules and regulations for the utilization of this fund shall be
formulated by the Ministry of Human Settlements and submitted to the
President for approval.
Section 11. Repealing Clause. — The Inter-Agency
Advisory Council of the National Pollution Control Commission created
under Section 4 of P.D. 984 is hereby abolished and its powers and
responsibilities are forthwith delegated and transferred to the Control
of the National Environmental Protection Council.
All other laws, decrees, executive orders, rules and regulations
inconsistent herewith are hereby repealed, amended or modified
accordingly.
Section 12. Effectivity Clause. — This Decree shall
take effect immediately.
DONE in the City of Manila,
this 11th day of June, in the year of Our Lord, nineteen hundred and
seventy-eight.
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