13-2
Chapter 13
Miscellaneous Provisions
ARTICLE X: TRANSITORY PROVISIONS
The EMB shall prepare an EIS Procedural Manual for the
implementation of this Order within a period of 60 days from
the effectivity hereof. The system of accreditation for
EIS/IEE preparers shall be finalized within a period of one
(1) year from the effectivity of such interim guidelines as
may be necessary.
NOTES:
To provide flexibility to the EIS System, DAO 96-37
simply outlines the basic features of the EIS System. The
details of implementation of the System are left for the
EMB, in coordination with the DENR Regional Offices, the
PENROs and the CENROs, to formulate and constantly refine.
Thus, it is expected that the Procedural Manual shall be
issued in several versions, with each version requiring only
the signature of the EMB Director to become effective.
The Procedural Manual, as the name implies,
concentrates on processes and procedures relating to the EIS
System rather than on the technical aspects of the EIA,
which may be found in other documents. The Procedural
Manual seeks to explain the basic provisions of DAO 96-37
and is subordinate to DAO 96-37. Therefore, in case of
conflict, the provisions of DAO 96-37 must prevail. Doubts
should, however, be resolved in favor of validity of the
Procedural Manual, or portions thereof, in line with the
presumption that regulatory agencies who possess the
necessary technical expertise are in the best position to
interpret regulations pertaining to them.
Under the terms of the aforequoted provision, the
Procedural Manual became effective on or before 5 MARCH
1997. The initial version of the Procedural Manual was
adopted on 21 JANUARY 1997. After a six (6)-month test run
and feedback from the private sector, other government
agencies, the Regional Offices, the PENROs and the CENROs,
the DENR set out to work on this second version of the
Procedural Manual.
ARTICLE XI: EFFECTIVITY
This Order shall take effect 30 days after its
publication in a newspaper of general circulation.
NOTES:
DAO 96-37 was published in the 6 December 1996 issues
of Today and Manila Times. Pursuant to Article XI thereof,
DAO 96-37 became effective on 5 JANUARY 1997.
ARTICLE XII: REPEALING CLAUSE
This Order supersedes Department Administrative Order
No. 21, Series of 1992.
NOTES:
Under the terms of DAO 96-37, the provisions of DAO No.
21, Series of 1992, are expressly repealed. Thus, none of
the provisions of DAO No. 21, Series of 1992 may be deemed
to have been carried over to DAO 96-37. For example, the
concept of exempted and exemptible projects under DAO 21,
Series of 1992 has now been removed. Therefore, certain
projects which were exempted or exemptible under DAO No. 21,
Series of 1992 are now covered under DAO 96-37.