Epira, PD 1586

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    MALACAANGM a n i l a

    PRESIDENTIAL DECREE No. 1586

    ESTABLISHING AN ENVIRONMENTAL IMPACT STATEMENT SYSTEM, INCLUDING OTHER

    ENVIRONMENTAL MANAGEMENT RELATED MEASURES AND FOR OTHER PURPOSES

    WHEREAS, the pursuit of a comprehensive and integrated environment protection program necessitates theestablishment and institutionalization of a system whereby the eigencies of socio!economic underta"ings canbe reconciled with the re#uirements of environmental #uality$

    WHEREAS, the regulatory re#uirements of environmental %mpact Statements and Assessments instituted inpursuit of this national environmental protection program have to be wor"ed into their full regulatory andprocedural details in a manner consistent with the goals of the program&

    '(W, )HERE*(RE, %, *ER+%'A'+ E& MAR(S, -resident of the -hilippines, by virtue of the powers vestedin me by the onstitution do hereby order and declare.

    Sec!o" 1.Policy.%t is hereby declared the policy of the State to attain and maintain a rational and orderlybalance between socio!economic growth and environmental protection&

    Sec!o" #.Environmental Impact Statement System.)here is hereby established an Environmental %mpactStatement System founded and based on the environmental impact statement re#uired, under Section / of-residential +ecree 'o& 0010, of all agencies and instrumentalities of the national government, includinggovernment!owned or controlled corporations, as well as private corporations, firms and entities, for everyproposed pro2ect and underta"ing which significantly affect the #uality of the environment&

    Sec!o" $.Determination of Lead Agency.)he Minister of Human Settlements or his designated representativeis hereby authorized to name the lead agencies referred to in Section / of -residential +ecree 'o& 0010 whichshall have 2urisdiction to underta"e the preparation of the necessary environmental impact statements ondeclared environmentally critical pro2ects and areas& All Environmental %mpact Statements shall be submitted tothe 'ational Environmental -rotection ouncil for review and evaluation&

    Sec!o" %.Presidential Proclamation of Environmentally Critical Areas and Projects.)he -resident of the-hilippines may, on his own initiative or upon recommendation of the 'ational Environmental -rotectionouncil, by proclamation declare certain pro2ects, underta"ings or areas in the country as environmentallycritical& 'o person, partnership or corporation shall underta"e or operate any such declared environmentallycritical pro2ect or area without first securing an Environmental ompliance ertificate issued by the -resident orhis duly authorized representative& *or the proper management of said critical pro2ect or area, the -residentmay by his proclamation reorganize such government offices, agencies, institutions, corporations orinstrumentalities including the re!alignment of government personnel, and their specific functions andresponsibilities&

    *or the same purpose as above, the Ministry of Human Settlements shall. 3a4 prepare the proper land or wateruse pattern for said critical pro2ect3s4 or area 3s4$ 3b4 establish ambient environmental #uality standards$ 3c4

    develop a program of environmental enhancement or protective measures against calamituous factors such asearth#ua"e, floods, water erosion and others, and 3d4 perform such other functions as may be directed by the-resident from time to time&

    Sec!o" 5.Environmentally Non-Critical Projects.All other pro2ects, underta"ings and areas not declared bythe -resident as environmentally critical shall be considered as non!critical and shall not be re#uired to submitan environmental impact statement& )he 'ational Environmental -rotection ouncil, thru the Ministry of HumanSettlements may however re#uire non!critical pro2ects and underta"ings to provide additional environmentalsafeguards as it may deem necessary&

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    Sec!o" 6.Secretariat.)he 'ational Environmental -rotection ouncil is hereby authorized to constitute thenecessary secretariat which will administer the Environmental %mpact Statement System and underta"e theprocessing and evaluation of environmental impact statements&

    Sec!o" &.Management and inancial Assistance.)he Ministry of Human Settlements is hereby authorized toprovide management and financial support to government offices and instrumentalities placed under itssupervision pursuant to this +ecree financed from its eisting appropriation or from budgetary augmentation asthe Minister of Human Settlements may deem necessary&

    Sec!o" 8.!"les and !eg"lations.)he 'ational Environmental -rotection ouncil shall issue the necessaryrules and regulations to implement this +ecree& *or this purpose, the 'ational -ollution ontrol ommissionmay be availed of as one of its implementing arms, consistent with the powers and responsibilities of the'ational -ollution ontrol ommission as provided in -&+& 'o& 56/&

    Sec!o" '.Penalty for #iolation.Any person, corporation or partnership found violating Section / of this+ecree, or the terms and conditions in the issuance of the Environmental ompliance ertificate, or of thestandards, rules and regulations issued by the 'ational Environmental -rotection ouncil pursuant to this+ecree shall be punished by the suspension or cancellation of his7its certificate or and7or a fine in an amountnot to eceed *ifty )housand -esos 3-18,888&884 for every violation thereof, at the discretion of the 'ationalEnvironmental -rotection ouncil&

    Sec!o" 1(.Environmental !evolving "nd.-roceeds from the penalties prescribed in the preceding Section 5and other penalties imposed by the 'ational -ollution ontrol ommission as authorized in -&+& 56/, shall beautomatically appropriated into an Environment Revolving *und hereby created as an eemption to -&+& 900and -&+& 0:;/& )he fund shall be used eclusively for the operation of the 'ational Environmental -rotectionouncil and the 'ational -ollution ontrol ommission in the implementation of this +ecree& )he rules andregulations for the utilization of this fund shall be formulated by the Ministry of Human Settlements andsubmitted to the -resident for approval&

    Sec!o" 11.!epealing Cla"se.)he %nter!Agency Advisory ouncil of the 'ational -ollution ontrolommission created under Section / of -&+& 56/ is hereby abolished and its powers and responsibilities areforthwith delegated and transferred to the ontrol of the 'ational Environmental -rotection ouncil&

    All other laws, decrees, eecutive orders, rules and regulations inconsistent herewith are hereby repealed,amended or modified accordingly&

    Sec!o" 1#.Effectivity Cla"se.)his +ecree shall ta"e effect immediately&

    +('E in the ity of Manila, this 00th day of