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Epira, PD 1586

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EPIRA
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  MALACAÑANG M a n i l a PRESIDENTIAL DECREE No. 1586ESTABLISHING AN ENVIRONMENTAL IMPACT STATEMENT SYSTEM, INCLUDING OTHERENVIRONMENTAL MANAGEMENT RELATED MEASURES AND FOR OTHER PURPOSES WHEREAS, the pursuit of a comprehensive and integrated environment protection program necessitates the establishment and institutionalization of a system whereby the eigencies of socio!economic underta ings can be reconciled with the re#uirements of environmental #uality$WHEREAS, the regulatory re#uirements of environmental %mpact Statements and Assessments instituted in pursuit of this national environmental protection program have to be wor ed into their full regulatory and procedural 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 vested in 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 orderly balance between socio!economic growth and environmental protection& Sec!o #.   Environmental Impact Statement System.  )here is hereby established an Environmental %mpact Statement 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, including government!owned or controlled corporations, as well as private corporations, firms and entities, for every proposed pro2ect and underta ing which significantly affect the #uality of the environment& Sec!o $.   Determination of Lead Agency.  )he Minister of Human Settlements or his designated representativeis hereby authorized to name the lead agencies referred to in Section / of -residential +ecree 'o& 0010 which shall have 2urisdiction to underta e the preparation of the necessary environmental impact statements on declared environmentally critical pro2ects and areas& All Environmental %mpact Statements shall be submitted tothe 'ational Environmental -rotection ouncil for review and evaluation& Sec!o %.   Presidential Proclamation of Environmentally Critical Areas and Projects.  )he -resident of the -hilippines may, on his own initiative or upon recommendation of the 'ational Environmental -rotection ouncil, by proclamation declare certain pro2ects, underta ings or areas in the country as environmentally critical& 'o person, partnership or corporation shall underta e or operate any such declared environmentally critical pro2ect or area without first securing an Environmental ompliance ertificate issued by the -resident or his duly authorized representative& *or the proper management of said critical pro2ect or area, the -resident may by his proclamation reorganize such government offices, agencies, institutions, corporations or instrumentalities including the re!alignment of government personnel, and their specific functions and responsibilities&*or the same purpose as above, the Ministry of Human Settlements shall. 3a4 prepare the proper land or water use pattern for said critical pro2ect3s4 or area 3s4$ 3b4 establish ambient environmental #uality standards$ 3c4 develop a program of environmental enhancement or protective measures against calamituous factors such as earth#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 by the -resident as environmentally critical shall be considered as non!critical and shall not be re#uired to submit an 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 environmental safeguards as it may deem necessary&  Sec!o 6.   Secretariat.  )he 'ational Environmental -rotection ouncil is hereby authorized to constitute the necessary secretariat which will administer the Environmental %mpact Statement System and underta e the processing and evaluation of environmental impact statements& Sec!o &.   Management and inancial Assistance.  )he 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 +ecree financed from its eisting appropriation or from budgetary augmentation as the Minister of Human Settlements may deem necessary& Sec!o 8.   ! les and !eg lations.  )he 'ational Environmental -rotection ouncil shall issue the necessary rules and regulations to implement this +ecree& *or this purpose, the 'ational -ollution ontrol ommission may 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 the standards, 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 amount not to eceed *ifty )housand -esos 3-18,888&884 for every violation thereof, at the discretion of the 'ational Environmental -rotection ouncil& Sec!o 1(.   Environmental !evolving  nd.  -roceeds from the penalties prescribed in the preceding Section 5 and other penalties imposed by the 'ational -ollution ontrol ommission as authorized in -&+& 56/, shall be automatically appropriated into an Environment Revolving *und hereby created as an eemption to -&+& 900 and -&+& 0:;/& )he fund shall be used eclusively for the operation of the 'ational Environmental -rotection ouncil and the 'ational -ollution ontrol ommission in the implementation of this +ecree& )he rules and regulations for the utilization of this fund shall be formulated by the Ministry of Human Settlements and submitted to the -resident for approval& Sec!o 11.   !epealing Cla se.  )he %nter!Agency Advisory ouncil of the 'ational -ollution ontrol ommission created under Section / of -&+& 56/ is hereby abolished and its powers and responsibilities are forthwith delegated and transferred to the ontrol of the 'ational Environmental -rotection ouncil& All other laws, decrees, eecutive 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 <une, in the year of (ur =ord, nineteen hundred and seventy!eight&
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